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Home My WebLink About10-20-2026 FORMAL SESSION AGENDA City of"COMMUNITY FOR A LIFETIME •��`C' A`$ ACfY Virginia Beach D City Council Agenda October 20, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. RUDEE PARK UPDATE 3:30 P.M. Clay Dills, Owner— Dills Architects Chad Morris, Chief Facilities Officer Michael Kirschman, Director— Parks and Recreation II. CITY MANAGER'S BRIEFING 4:00 P.M. A. EMS COMPASSIONATE BILLING UPDATE Jason Stroud, EMS Chief/Assistant City Manager III. CITY COUNCIL DISCUSSION / INITIATIVES/ COMMENTS 4:30 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:45 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION The Reverend David Edinger Pastor, Baylake United Methodist Church 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— October 6, 2026 2. SPECIAL FORMAL SESSION —October 13, 2026 H. MAYOR'S PRESENTATION 1• RESOLUTION — Baylake United Methodist Church —70th Anniversary Reverend David Edinger— Pastor, Baylake United Methodist Church I. PUBLIC COMMENT 1. 2027 DRAFT LEGISLATIVE AGENDA J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE vacation of approximately 2,079 sq. ft. portion of a variable width public pedestrian access easement located along the Western Boundary of 4576 Bonney Road re construction and maintenance of a portion of the Thalia Creek Greenway (the "Trail") 2. Ordinance to AUTHORIZE the Acquisition of an Agricultural Land Preservation Easement (ARP) 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), and the Issuance by the City of its contract obligations in the maximum principal amount of$755,182; and TRANSFER of funds to purchase U.S. Treasury STRIPS 3. Resolution to DESIGNATE the first full week in November 2026 as Alzheimer's Awareness Week and AUTHORIZE the City Manager to illuminate Greenwich Flyover, Building 30, and other city facilities with teal lighting (Requested by Council Members Berlucchi, Hutcheson, Remick, Ross-Hammond, and Schulman) 4. Ordinance to AUTHORIZE and ACCEPT Dedication of Easements re the Vacuum Valve Monitoring System Project, (CIP 100440) 5. Ordinance to ACCEPT and APPROPRIATE $1,584,357 from the Federal Emergency Management Agency (FEMA) to the FY 2026-27 Fire Department Operating Budget re continued operation of Virginia Task Force 2 Urban Search and Rescue Team 6. Ordinance to ACCEPT and APPROPRIATE $1,396,535.40 from the U.S. Department of Homeland Security (DHS) to the FY 2026-27 Fire Department Operating Budget and AUTHORIZE $868,116.61 local match re salary and associated benefits of nine (9) full-time positions 7. Ordinance to ACCEPT and APPROPRIATE $1-Million from the United States Tennis Association to the FY 2026-27 Capital Improvement Program to Project #100714, "Tennis Court Renovations IV" and AUTHORIZE a local match of $667,000 within Capital Project #100714, "Tennis Court Renovations", and Capital Project #601002 "Tennis Court Renovations—Phase II" re renovation of tennis courts 8. Ordinance to APPROPRIATE $505,000 from the Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY 2026-27 Police Operating Budget re software, equipment, and training 9. Ordinance to ACCEPT and APPROPRIATE $500,000 in pass-through revenue from the Commonwealth to Nimmo United Methodist Church and DIRECT the City Manager to enter into a Memorandum of Understanding (MOU) with the Virginia Department of Historic Resources re restoration of Nimmo United Methodist Church Building 10. Ordinance to ACCEPT and APPROPRIATE $416,862 in additional aid to Localities Grant Funding from the Virginia Department of Fire Programs to the FY 2026-27 Fire Department Operating Budget re training, construction of training centers, firefighting equipment, and protective clothing 11. Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Housing and Community Development and $33,394.66 from the United States Department of Housing and Urban Development (HUD) to the FY 2026-27 Department of Housing and Neighborhood Preservation Operating Budget re support Virginia Homeless Solutions Programs and amend various grants L. PLANNING 1. JAMES M. MASTERS & MARY L. OSTERHOUS for a VARIANCE to Section 4.4(b)&(d) of the Subdivision Regulations re create two (2) parcels that are deficient in lot width & direct access to a public street for the property directly North of 1940 Gum Bridge Road and two (2) parcels West of 3953 Dawley Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. JAMES P. BAKER & PATRICIA O. BAKER, TRUSTEES OF THE JAMES P. BAKER & PATRICIA O. BAKER REVOCABLE LIVING TRUST for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 613 South Atlantic Avenue in Croatan DISTRICT 5 RECOMMENDATION: APPROVAL 3. JEFFREY FOSTER & ANGELA FOSTER for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 512 Vanderbilt Avenue in Croatan DISTRICT 5 RECOMMENDATION: APPROVAL 4. GEORGE PITSILIDES/ TRUSTEE OF THE PITSILDES LAND TRUST for a Street Closure re approximately 2,679 square feet of an unimproved portion of Fountain Drive adjacent to 1945 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 5. PRIME STORAGE BELLS RIDGE, LLC for a Modification of Proffers to a Conditional Change of Zoning and a Conditional Use Permit re bulk storage yard at 1050 Bells Road DISTRICT 6 APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION — DENIAL 6. 449 LONDON LLC for a Conditional Change of Zoning from R-10 Residential District to Conditional 1-1 Light Industrial District re develop site with a storage yard for contractors vehicles, equipment & materials and a Conditional Use Permit re bulk yard at 2548 Potters Road DISTRICT 3 (Deferred from September 15, 2026) RECOMMENDATION: APPROVAL 7. BONNEY RD APARTMENTS LLC for a Conditional Change of Zoning from 1-1 Light Industrial District to Conditional A-24 Apartment District re develop a 209-unit multi-family community at 4576 Bonney Road DISTRICT 4 RECOMMENDATION: APPROVAL 8. BEACH VIBE STAYS LLC/LEGACY BUSINESS CENTRE LLC for a Conditional Use Permit re short term rental at 1909 Cypress Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 9. WAVE INVESTMENT GROUP, LLC for a Conditional Use Permit re short term rental at 414 19th Street, Unit 104 DISTRICT 6 (Deferred from September 15, 2026) RECOMMENDATION: APPROVAL M. APPOINTMENTS • ACTIVE TRANSPORTATION COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BEACHES AND WATERWAYS ADVISORY COMMISSION • DEFERRED COMPENSATION BOARD • GREEN RIBBON COMMITTEE • INDEPENDENT CITIZEN REVIEW BOARD • PUBLIC LIBRARY BOARD • STORMWATER APPEALS BOARD • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • WETLANDS BOARD N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT 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/r6b25f9ca8Obe558aed5f7c3eOf27330c 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 20, 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. Beducchi I mberlucc@VBgov.com 1 757-407-5105 District 4: Dr. Amelia N. Ross-Hammond I arosshammond@VBgov.com 1 757-840-0735 District 6: Robert W. "Worth" Remick I wremick@VBgov.com 1 757-840-5855 District 7: Cal "Cash" Jackson-Green I ciacksongreen@VBgov.com 1 757-629-8792 District 8: Stacy Cummings I stcummings@VBgov.com 1 757-629-8691 District 9:Joashua F. "Joash" Schulman I jschulman@VBgov.com 1 757-840-1291 District 10:Jennifer Rouse I jvrouse@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 Dana R. Harmeyer I Acting 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. RUDEE PARK UPDATE 3:30 P.M. Clay Dills, Owner— Dills Architects Chad Morris, Chief Facilities Officer Michael Kirschman, Director— Parks and Recreation II. CITY MANAGER'S BRIEFING 4:00 P.M. A. EMS COMPASSIONATE BILLING UPDATE Jason Stroud, EMS Chief/ Assistant City Manager III. CITY COUNCIL DISCUSSION / INITIATIVES/COMMENTS 4:30 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:45 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION The Reverend David Edinger Pastor, Baylake United Methodist Church 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— October 6, 2026 2. SPECIAL FORMAL SESSION —October 13, 2026 H. MAYOR'S PRESENTATION 1 RESOLUTION — Baylake United Methodist Church—70th Anniversary Reverend David Edinger— Pastor, Baylake United Methodist Church �14'G�11A BEq�,$: G� RESOLUTION WHEREAS:Founded in 1956,under the sponsorship of Epworth Methodist Church in Norfolk and with a membership of 75 people,Baylake United Methodist Church grew its congregation and membership to 1,000+over the span of70 years;and WHEREAS.As years passed what began as a vision to establish a Methodist presence in the growing Bayside community has become a vibrant congregation whose ministry has touched countless lives in Virginia Beach and around the world through worship,discipleship,outreach,and mission;and WHEREAS:Since 1993,Baylake United Methodist Church has sheltered and fed the homeless living in Virgin Beach by providing overnight shelter,meals,clothing,and personal care items,reflecting its commitment to caringfor neighbors in practical and compassionate ways;and WHEREAS:Baylake United Methodist Church established a Tree Lotfundraiser that over the last 70 years has blossomed into a vital hub for hospitality and community connection,with the proceeds from the tree sales supports the church's outreach and community organizations;and WHEREAS:For many years,Baylake United Methodist Church has prepared and distributed food bags to Boyside Elementary School ensuring students have weekend meals;and WHEREAS.In 2024,Baylake United Methodist Church reaffirmed its commitment to the community by embracing the General Conference of the Unite dMe tho dist Church's decisions regarding the ordination ofLGBTQ+clergy and the celebration of same- sex marriages,and WHEREAS:In 2 02 6,Baylake United Methodist Church celebrated a 20 year partnership with Upward Sports,through Upward Soccer League. This program has provided athletic experiences for children ages 3 to 8'h grade resulting in a welcoming environment where children and families experience encouragement, teamwork, and God's love while also developing and improving their soccer skills.Yohmfeers from Baylake United Methodist Church have stepped into vital leadership roles serving as League Directors,Coaches,Referees,and Moment of Encouragement Leaders each spring,-and WHEREAS.Baylake United Methodist Church has a long history of supporting Boy Scouts ofAmerica and remains committed to ScoutingAmerica which led to the establishment ofBaylake Youth Programs,encompassing Cub Scouts—Pack 67,and Scouts —Troop 67(boys)and Troop 5067(girls);and WHEREAS:Through Baylake United Methodist Church's dedicated services over the years,the Congregation has remained deeply committed through the following.the Congregation Care ministries faithfully support older adults,home bound members, and those experiencing illness or hardship,including the pastorsproviding the spiritual needs ofolder adults livingwithin the Bay Lake Retirement and Westminster Canterbury Communities;Music ministries enrich worship through the gifts of the choir,while children,youth,adults,small groups,and Sunday school classes provide opportunities for spiritual growth and fellowship;The Endowment Committee continues to invest in future generations through scholarship support;and WHEREAS:Through worship,education,missions,community outreach,and faithful stewardship,Baylake United Methodist Church has continually adapted to meet the needs of a changing community while remaining rooted in its beliefs. NOYY THEREFORE,BE IT RESOLVED, that the Virginia Beach City Council hereby celebrates the 70'h Anniversary of' Baylake United Methodist Church and recognizes 70 years ofdedication,success,untiring efforts and tenacity ofthe congregation and its members. Given by the Council of the City of Virginia Beach,Virginia,this 20"day of October 2026,and presented this Resolution duly Signed by each Member ofthe Virginia Beach City Council. �' ram✓' �� .� � ncil M Aber Michael F.Ber7ucchi C l►nc7 Member Stacy mn mgs cuncil Member Barbara M Henle� i�►��' dE'i Goy etw► mcil Memb r avid Hutcheson Council Member al"Cash ckson-Green Council Me o ert W.'Wro�emick Council Member Dr.Amelia Ross-Hammond C cilMemberJenniferV.Rouse Council Member Joashua F.Schulman irceMayorRos�on Mayor Robe M" bby"Dyer I. PUBLIC COMMENT 1. 2027 DRAFT LEGISLATIVE AGENDA ro.• +1yL fJe .��> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2027 Legislative Agenda PUBLIC COMMENT: October 20, 2026 MEETING DATE: November 10, 2026 ■ Background: The City Council approves a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. ■ Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and the City Council's appointed boards and commissions. On September 19, 2023, the City Council adopted a policy regarding the vote upon the Legislative Agenda. For non-charter items, approval requires an affirmative vote of two- thirds of the members of the City Council. ■ Public Information: The Preliminary Draft of the Legislative Agenda was provided to the City Council at its October 13, 2026 workshop. Pursuant to City Council Policy, a Public Comment was held at the October 20, 2026 Formal Session. ■ Attachments: Resolution; 2027 Draft Legislative Agenda; City Council Policy The 2027 Legislative Agenda is presented to the City Council pursuant to the policy adopted September 19, 2023. 1 A RESOLUTION ADOPTING THE CITY'S 2027 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2027 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2027 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2027 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 31 day of , 2026. Requires a two-thirds affirmative vote by the members of the City Council. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office i torney Office CA17324 R-1 October 6, 2026 9ZOZ Aagol:)0 — uOsaaA pasodOAd NOISS3S LZOZ t OWL Mail mi -irl { Lij u m a { Q m w w L 0 a [[1 , epUaBV aAllelS iBal Jll8W3SSV IV ?33N3J VINIS �] IA HDb1B V I N 1 5 d I A 0 A i I D Table of Contents POLICYPRIORITIES...................................................................................................................... 3 AffordableHousing................................................................................................................. 3 Economic Development.......................................................................................................... 3 Education ................................................................................................................................4 Energy..................................................................................................................................... 4 Fiscal Responsibility and Budget Impacts............................................................................... 5 Flooding and Environment...................................................................................................... 5 LandUse.................................................................................................................................. 6 PublicSafety............................................................................................................................ 6 Transportation ........................................................................................................................ 7 BUDGET AMENDMENT............................................................................................................... 8 Expand Sales Tax Referendum Authority for Resiliency Projects........................................... 8 CODE AMENDMENTS.................................................................................................................. 9 Deferred Retirement Option Plan for Public Safety Employees............................................. 9 Tourism Development Financing Program........................................................................... 10 CommunitySafety Zones...................................................................................................... 14 Possession of Firearms While Intoxicated............................................................................ 15 Increase the Representation of Law Enforcement on the Forensic Science Board ............. 16 Extend the Court-Ordered Timeframe for Temporary Adult Protective Services................ 17 CHARTERAMENDMENT............................................................................................................ 18 Protectingthe Blue Line........................................................................................................ 18 REQUESTED BUT DEFFERRED.................................................................................................... 20 CODE AMENDMENT 1: Increase the Penalty for Prostitution Near a Massage Parlor......... 20 CODE AMENDMENT 2: Condominium Review Authority..................................................... 21 CODE AMENDMENT 3: Expand the Circumstances When a Court Can Temporarily Prohibit Disclosure of Subpoenas, Search Warrants, and Disclosure Orders.................................... 22 2 POLICY PRIORITIES Affordable Housing The City of Virginia Beach seeks to address the growing need for affordable housing with the goal to ensure that all residents have access to safe, high quality, and affordable housing and to promote inclusive and diverse communities. • Because every locality has its unique challenges,the City of Virginia Beach encourages the General Assembly to provide funding, incentives, and policy flexibility to allow localities to tailor solutions that will fit their communities while maintaining the ability to control land use decisions at the local level. • The City of Virginia Beach supports increased funding for the Virginia Housing Trust Fund to expand and preserve the supply of affordable homes. • The City of Virginia Beach supports efforts to establish,expand,and fund rental assistance programs and first-time homebuyer assistance programs. Economic Development The City of Virginia Beach aims to implement a dynamic and forward-thinking economic development strategy designed to foster sustainable growth, enhance economic diversification, and promote innovation. • The City of Virginia Beach encourages the General Assembly to support local and regional efforts to attract and retain talent that will support the growing workforce needs of the Hampton Roads region. • The City of Virginia Beach encourages the General Assembly to support initiatives that provide funding, incentives, and policy flexibility that aligns with the City's economic growth strategy. • The City of Virginia Beach requests continued support from the General Assembly to increase access to affordable childcare. • The City of Virginia Beach appreciates the General Assembly's establishment of the Sports Tourism Grant program and encourages the General Assembly to increase its funding. 3 POLICY PRIORITIES Education The City of Virginia Beach continues to support the Virginia Beach School Board's efforts to enhance educational resources, teacher support, and student development to foster a robust educational environment and prepare students for future success. • The City of Virginia Beach encourages the General Assembly to implement reforms to increase the Commonwealth's share of education funding as was identified in the 2024 JLARC study regarding Virginia's K-12 Funding Formula. • The City of Virginia Beach encourages the General Assembly to continue efforts to raise teacher pay beyond the national average. Energy With growing power demand and rising electric bills, the City of Virginia Beach encourages the Commonwealth to seek common sense solutions that enhance energy sustainability, reliability, and affordability. • The City of Virginia Beach appreciates efforts by the General Assembly to reduce the cost and administration of renewable energy interconnectivity at municipal facilities through the creation of the Solar Interconnection Grant Program and encourages the General Assembly to continue funding the grant program. • While the City of Virginia Beach supports the Commonwealth's goals to increase the use of clean energy, it is critical to recognize the potential impact utility scale energy and battery storage projects have on communities and localities. Because of these potential impacts, the City of Virginia Beach encourages the General Assembly to continue to support the authority of localities to regulate the siting and development of energy facilities. 4 POLICY PRIORITIES Fiscal Responsibility and Budget Impacts The City of Virginia Beach seeks to address fiscal challenges and annual budgetary impacts in a responsible manner that effectively meets essential services and community needs. • When resources are not available at the federal or state level, it falls onto local governments to provide resources for residents most in need, especially as it comes to health care, housing, and food insecurity. The City of Virginia Beach encourages the General Assembly to prioritize filling these funding gaps where possible and to partner with local governments to support those impacted. • The City of Virginia Beach requests that the General Assembly refrain from capping, removing, or restricting local government revenue sources without replacing it with a sustainable revenue source of equal rate. • The City of Virginia Beach requests that the General Assembly refrain from creating additional unfunded mandates and provide financial support to fill the gaps created by these unfunded mandates. • The City of Virginia Beach supports the statewide authority for local governments to establish an excise tax on the sale of vaping products. • The City of Virginia Beach supports maintaining the local option regarding collective bargaining for public sector employees. Flooding and Environment The City of Virginia Beach aims to improve resilience to flooding, enhance stormwater infrastructure, and promote sustainable practices to mitigate the impacts of extreme weather events. • The City of Virginia Beach requests that the Commonwealth develop a state funding program to support the non-federal match requirements of localities for federal grants that support large-scale flood relief projects. • The City of Virginia Beach supports continued investment in the Storm Water Local Assistance Fund (SLAF) for improvements and installation of effective storm water management controls. • The City of Virginia Beach supports increased funding for the Community Flood Preparedness Fund. • The City of Virginia Beach requests the Commonwealth to evaluate whether preservation of existing mature tree canopy should be recognized as a Best Management Practice (BMP) within Virginia's stormwater regulatory framework. 5 POLICY PRIORITIES Land Use The City of Virginia Beach aims to utilize a comprehensive land use and development strategy to guide sustainable growth, optimize land utilization, and enhance the quality of life for its residents. • The City of Virginia Beach requests that the General Assembly refrain from passing legislation that would reduce or eliminate the authority of the Commonwealth's localities from making their own land use decisions. • The City of Virginia Beach supports preserving local authority to regulate short term rentals and to enhance enforcement of those regulations, including greater authority to localities to enforce their zoning ordinances as they relate to short term rentals. Public Safety The City of Virginia Beach seeks to ensure a safe and healthy community for residents and visitors through proactive measures, enhanced technology, and increased resources. • The City of Virginia Beach requests that the General Assembly prioritize increased dedicated funding to police, fire, and emergency medical services. • The City of Virginia Beach requests that, as the General Assembly considers changes to the Aid to Localities funding formula, it ensures that no locality experiences a reduction in funding as a result of any changes to the formula and supports increased funding levels to strengthen state assistance to localities. • The City of Virginia Beach requests that the General Assembly preserve existing local authority to implement public safety technology, including expanding local authority to install speed enforcement cameras beyond school and construction zones and enable the use of noise abatement devices to better enhance the quality of life in our neighborhoods. 6 POLICY PRIORITIES Transportation The City of Virginia Beach seeks to enhance mobility, reduce congestion, and improve sustainability of transportation infrastructure through modernizing road networks, supporting public transit and multi-modal options, and ensuring safety and accessibility for all users. • The City of Virginia Beach supports efforts to continue to improve highway and secondary roadway infrastructure throughout Hampton Roads. • The City of Virginia Beach supports efforts by Hampton Roads Transit(HRT)to protect and enhance transit programs and funding including appropriate essential,consistent funding to meet HRT's capital and operating needs, including innovative transit options such as micro-transit. • The City of Virginia Beach supports General Assembly efforts to continue investing in trail projects with a request that the Virginia Beach Trail be considered for any future funding opportunities. • The City of Virginia Beach supports efforts by the General Assembly to protect vulnerable road users, including pedestrians and cyclists. • The City of Virginia Beach supports efforts to improve safety and user education related to a-bikes including options to ban the use of cell phones while cycling, clarifying the definition of an a-bike and other motorized two-wheeled vehicles, and by supporting the recommendations of the city and state a-bike workgroups. 7 BUDGET AMENDMENT Expand Sales Tax Referendum Authority for Resiliency Projects Background: In 2026, the General Assembly expanded Virginia law to allow counties and cities to seek voter approval through a referendum for a local sales tax of up to one percent to generate dedicated revenue for school construction and renovation projects. This proposal would build upon that 2026 authority by expanding the allowable use of the one- percent sales tax to include flood protection and coastal storm risk management infrastructure. The additional flexibility is particularly important to Virginia Beach because of the City's significant exposure to coastal and storm-related flooding. The U.S. Army Corps of Engineers' Virginia Beach Coastal Storm Risk Management (CSRM) Study is evaluating storm surge flooding and impacts from sea-level change and recommending infrastructure solutions throughout the City. Allowing referendum-approved sales tax revenues to be used for flood protection would strengthen the City's ability to provide the required local matching funds, advance project design and implementation, and demonstrate the local financial commitment necessary to compete for and leverage federal resources. The proposal would not require the City to impose the tax. Rather, it would provide Virginia Beach with the option to ask voters to authorize a one-percent sales tax dedicated to two significant long-term capital priorities: school construction and flood protection infrastructure. This approach would allow the community to determine whether to provide an additional locally controlled revenue source for these investments while creating a potential funding mechanism for the City's long-term coastal resilience strategy. Request: Amend existing budget language to authorize Virginia Beach to hold a voter referendum for a one-percent sales tax increase, with proceeds eligible for both school construction and flood protection and coastal storm risk management infrastructure. 8 CODE AMENDMENTS Deferred Retirement Option Plan for Public Safety Employees Background: This proposal would modernize the Commonwealth's Hazardous Duty Supplement to better support the retention of experienced firefighters and law enforcement officers. The existing supplement was designed as a bridge to Social Security for public safety employees who retire before reaching Social Security eligibility. However, because employees permanently forfeit the supplement for each year they continue working beyond eligibility, the current structure can create a significant financial incentive to retire as soon as possible — at a time when Virginia agencies are facing persistent public safety workforce shortages. The proposal would allow eligible employees who remain on the job after becoming eligible for the Hazardous Duty Supplement to have the value of that benefit credited annually to an individual investment account administered by the Virginia Retirement System (VRS). The funds would remain invested while the employee continues working and could be accessed upon retirement through a lump-sum payment, additional monthly retirement income, or continued investment under VRS rules. This would preserve the original purpose and value of the supplement while eliminating the financial penalty for employees who choose to continue serving. This approach would provide Virginia with a retention tool without creating an entirely new retirement benefit. In effect, the proposal would give employees the option of early retirement or preserving the value of continued public safety service. Request: Amend the Code of Virginia to create supplemental retirement accounts within the Virginia Retirement System which apply to qualifying firefighters and law enforcement. 9 CODE AMENDMENTS Tourism Development Financing Program Background: The Tourism Development Financing Program (TDFP) is a state authorized program that uses sales taxes, both the state and local portions, along with a developer imposed "access fee" to support the development of tourism projects that enhance the local economy.The existing TDFP program has three tiers with minimum qualifications and tiered levels of support utilizing the state and local sales tax as the funding mechanism, ranging from 1%to 2% of the state and local sales tax depending on the tier. This proposal creates a fourth financing tier that would support the redevelopment of a tourism facility by allowing the continued use of state and local sales tax revenues, while also authorizing the use of up to 20%of state income tax revenues generated by jobs created by the new tourism facility. The current tourism inventory in Virginia Beach requires significant revitalization through redevelopment. Redevelopment often requires additional public participation to provide tourism offerings that bring enhanced product to market. Request: That the Code of Virginia be amended by adding a new section numbered §58.1-3851.4 and titled "Entitlement to Tax Revenues from a Tourism Revitalization Project" A. For purposes of this section: "Economic development authority"means a local industrial development authority or a local or regional political subdivision, the public purpose of which is to assist in economic development. "Gap financing"means debt financing to compensate for a shortfall in project funding between the expected development costs of a tourism revitalization project and the debt and equity capital provided by the developer of the project and any refinancing of a gap financing. "Gap financing" includes a developer's primary debt financing, as well as any refinancing thereof, if the entitlements to tax revenues provided under this section are pledged as collateral for such primary debt financing. "Tourism revitalization project"means a tourism project that meets the requirements set forth in subdivision B 1 and that redevelops an existing tourism facility. Recognizing the unique challenges faced by redevelopment projects, a Tourism revitalization project may qualify as a Tourism Project of Regional Significance, pursuant to Va. Code 58.1-3851.Z or a Major Tourism Project, pursuant to Va. Code 58.1-3851.3, if such project has half of the capital investment and job creation, as applicable, set forth in such statutory definition. Such Tourism revitalization project may include 10 the acquisition cost of the existing tourism facility into the required capital investment. Such Tourism revitalization project shall, as determined by the Virginia Tourism Authority, support increased hotel occupancy, increase in the number of out-of-state visitors to the Commonwealth, and support such other factors of significant fiscal and economic impact. Any property, real, personal, or mixed, that is necessary or complementary,such as arenas, sporting facilities, hotels, and other tourism venues, developed in connection with any such tourism revitalization project, including facilities for food preparation and serving, parking facilities, and administrative offices, is encompassed within this definition, as is theme-related retail activity that occurs on site and directly supports the tourism mission of the project. "Tourism revitalization project" does not include,for purposes of this section, (i)general retail outlets, ancillary retail structures not directly related to the tourism purpose of the project, or other retail establishments commonly referred to as shopping centers or malls or(ii)residential condominiums, townhomes, or other residential units. B. 1. If a locality has established a tourism zone pursuant to §58.1-3851, has adopted an ordinance establishing a tourism plan as determined by guidelines set forth by the Virginia Tourism Authority, and has adopted an ordinance authorizing a tourism revitalization project to meet a deficiency identified in the adopted tourism plan approved by the Virginia Tourism Authority, and if the tourism revitalization project has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by this section and the applicable tier of Tourism Development Financing Program, including Va. Code 58.1-3851.1, 58.1-3851.2, and Va. Code 58.1-3851.3, the tourism revitalization project shall be entitled to an amount equal to the revenues generated by the relevant amount of state sales and use tax on transactions taking place on the premises of the authorized tourism revitalization project. The entitlement shall be contingent on the locality's enacting an ordinance designating certain local revenues to the project pursuant to subsection C and shall be subject to the conditions set forth in subsection D. The purpose of such entitlement shall be to assist the developer with obtaining gap financing and making payments of principal and interest thereon. 2. On a quarterly basis, the Tax Commissioner shall certify the amount of the entitled sales and use tax revenues to the Comptroller, who shall remit such revenues to the county or city in which the authorized tourism revitalization project is located. The county or city shall remit the revenues to the economic development authority or such other entity as the economic development authority shall designate. No payments herein shall be made until an agreement exists between the developer of the authorized tourism revitalization project and the economic development authority. The entitlement shall continue until the gap financing is paid in full or for the length of time specified in the agreement between the developer and the economic development authority, but in no event shall the entitlement extend beyond 20 years from the date of the accrual of the initial entitlement. Entitled sales and use tax revenues shall be applied solely to payments of principal and interest on the qualified gap financing. 3. The state sales and use tax entitlement established in subdivision 1 shall not include any (i) sales and use tax revenues dedicated pursuant to §58.1-538 or 58.1-638.1 or (ii) revenues 11 generated pursuant to Chapter 766 of the Acts of Assembly of 2013, the additional state sales and use tax in certain counties and cities assessed pursuant to subsection B of§58.1-603.1 and subsection B of§58.1-604.01; or the additional state sales and use tax in certain counties and cities of historic significance imposed under§58.1-603.2. C. If a locality has adopted the ordinances required by subdivision B 1 to entitle an authorized tourism revitalization project to an amount equal to tax revenues authorized by this section and the applicable tier of Tourism Development Financing Program, including Va. Code 58.1-3851.1, 58.1-3851.2, and Va. Code 58.1-3851.3, on transactions taking place on the premises of the authorized tourism revitalization project, or subsequently acquired premises for the tourism revitalization project, the local governing body of the county or city in which the authorized tourism revitalization project is located shall also direct by ordinance that an amount of local revenues,from any authorized source of revenues available to the locality, equal to tax revenues authorized by this section and the applicable tier of Tourism Development Financing Program, including Va. Code 58.1-3851.1, 58.1-3851.2, and Va. Code 58.1-3851.3, by transactions taking place on the premises of the authorized tourism revitalization project, or subsequently acquired premises for the authorized tourism revitalization project, shall be applied to the payment of principal and interest on the qualified gap financing. Such revenues shall be remitted in the same manner, for the same time period, and under the some conditions as the remittances paid in accordance with subsection B, mutatis mutandis. D. Prior to any entitlement to tax revenues for a tourism revitalization project pursuant to subsections B and C, the owner of such project shall have a minimum of 70 percent of funding for the project in place through debt or equity, enter into a performance agreement with the economic development authority or political subdivision, and enter into an agreement to pay an access fee. The access fee shall be equivalent to the state sales and use tax revenue generated by and returned to the project pursuant to subdivision B 1 and shall be collected by the locality and remitted to the economic development authority or such other entity as the economic development authority shall designate on a quarterly basis. The access fee and the state and local contributions pursuant to this section shall be used solely to make payments of principal and interest on the qualified gap financing. E. In addition to the sales tax portion provided pursuant to subdivision B 1, for an approved tourism revitalization project the Commonwealth may authorize an additional revenue stream for payments of principal and interest on the qualified gap financing in an amount equal to 20% of the income tax generated by the owner and/or operator of the tourism revitalization project. Such payments are to be made in the same manner and for the some duration as quarterly payments authorized in subdivision B 2 in the first quarter after the owner and/or operator files its state income taxes. F. In the event that the total amount of state and local contributions pursuant to this section and the access fee exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. 12 G. Neither the Commonwealth nor any political subdivision of the Commonwealth shall incur any debt under this section. Nothing in this section shall be construed as authorizing the pledging of the faith and credit of the Commonwealth, or any of its revenues, or the faith and credit of any other political subdivision of the Commonwealth, or any of its revenues,for the payment of any debt or debt financing, or meeting any contractual obligation incurred by the owner or developer of any authorized tourism revitalization project. H.A tourism revitalization project that is entitled to and receives revenues pursuant to this section shall not be eligible to receive revenues pursuant to§58.1-608.3, 58.1-3851.1, or 58.1-3851.2. 13 CODE AMENDMENTS Community Safety Zones Background: The way people gather has changed, and local governments need the tools to keep pace. Social media platforms can bring hundreds or thousands of people together in a matter of hours, often with little notice and without a clearly identified organizer or established plan for public safety. When these gatherings occur, the resulting demands on law enforcement, emergency services, transportation, businesses,and residents can be substantial. Events in Virginia Beach during 2026 demonstrated the consequences when these gatherings escalate into violence. These events are not an indictment of legitimate community events, car shows, or other organized gatherings. Rather, they demonstrate the need for local governments to have the appropriate tools to respond. Several jurisdictions, including Maryland, Florida, and the District of Columbia, have enacted legislation that allows localities to establish special event zones with the authority to impose temporary curfews under defined circumstances, establish occupancy and access restrictions, increase penalties for certain traffic and public safety violations, and recover extraordinary public-service costs associated with large gatherings. Request: The City of Virginia Beach requests that the General Assembly provide the authority for a locality to create community safety zones when large-scale unpermitted events present a potential risk to public health, safety, or welfare. 14 CODE AMENDMENTS Possession of Firearms While Intoxicated Background: Responsible gun ownership and community safety are core priorities in discussions around firearm regulations. Under current Virginia law, code § 18.2-308.012 makes it a Class 1 misdemeanor for concealed handgun permit holders to carry a concealed handgun while under the influence of alcohol or illegal drugs in a public place. Because of how the law is strictly worded around "concealed carry", it does not create a blanket prohibition against carrying a firearm while intoxicated. Request: Amend Virginia law to prohibit any person from carrying or possessing a firearm in a public place while under the influence of alcohol or illegal drugs, rather than limiting the prohibition to individuals carrying a concealed handgun. 15 CODE AMENDMENTS Increase the Representation of Law Enforcement on the Forensic Science Board Background: Amend Virginia Code § 9.1-1109 to expand law enforcement representation on the Forensic Science Board, including forensic science practitioners from state, local, and university law enforcement agencies with diverse agency sizes,capabilities, and accreditation statuses. Broader representation would ensure the Board considers the operational needs of agencies seeking to develop or maintain forensic capabilities, while supporting appropriate accreditation and quality assurance standards and helping address growing forensic evidence backlogs at the Department of Forensic Science. Request: Amend Virginia Code § 9.1-1109 (12)to expand law enforcement representation on the Forensic Science Board from one representative to three representatives based on population. 16 CODE AMENDMENT Extend the Court-Ordered Timeframe for Temporary Adult Protective Services Background: This proposal would amend Virginia Code §63.2-1609 to extend the duration of emergency temporary guardianship and conservatorship orders used by Adult Protective Services(APS)from the current 15-day period, with one possible five-day extension, to a single 90-day period. APS units across Virginia are experiencing increasing numbers of complex and emergency cases involving adult abuse, neglect, and financial exploitation. In Virginia Beach alone, APS received 1,759 valid reports during FY 2025-2026, including approximately 160 requiring an emergency response. The current timeframe is often insufficient to protect vulnerable adults and address their immediate needs. Temporary guardians and conservators may need to secure bank accounts, access Social Security or Medicaid benefits, obtain medical records, arrange emergency medical care or housing, and gather information necessary to determine the appropriate long-term protective arrangement. These processes frequently cannot be completed within the current statutory timeframe, leaving victims vulnerable and forcing APS to seek extensions through already overburdened courts. Extending the temporary order to 90 days would provide APS and appointed guardians and conservators the necessary time to stabilize the victim, protect their assets, and gather information needed to determine appropriate long-term services or guardianship. The change would also reduce the need for repeated emergency court proceedings and give community partners, including financial institutions and medical providers, adequate time to respond to requests. Because the statute already permits a court to terminate or modify an order before the 90-day period expires, the proposal would maintain appropriate judicial oversight and due process protections while providing APS with a more effective tool to protect vulnerable adults from abuse, neglect, and financial exploitation. Request: Amend Virginia Code § 63.2-1609 (13)(3) as follows: 3.Adult protective services may be provided through an appropriate court order only for a period of 4--5 90 calendar days. The ^ al epdeF m be efd A-Rr=e f^F a five day peFied ewe FgeRG�- 17 CHARTER AMENDMENT Protecting the Blue Line Background: In 1979, the City of Virginia Beach established a growth boundary, known as the Green Line, to both safeguard rural and agricultural property and limit local spending. The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts, with residential zones north and agricultural ones south.The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location.The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004, the City's Public Utilities Department introduced the Blue Line as an urban services boundary, which established a hard stop for further southernly expansion of City water and sewer services. While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan, the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council to rezone property south of the Blue Line to a higher density or a more intense zoning district. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (a) As used in this section,the "blue line"shall be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No application to rezone property to a higher density or a more intense zoning district south of the blue line shall be approved except by a recorded affirmative vote of three- fourths of all of the members elected to the City Council. (c) No extension of public water and sanitary sewer ("public system") shall extend south of the blue line absent a public hearing conducted pursuant to Virginia Code 15.2-1427 and a finding by the City Council that: 18 i. There is adequate capacity in the public system at the point of connection to accommodate the additional flow; ii. In the written opinion of the Virginia Department of Health, the existing on-site utilities are failing, or likely to fail, and there are no alternatives that would be approved and permitted by the Virginia Department of Health; iii. The principal use of the property served by the existing on-site utilities is not changed; and iv. The extension is to serve (a) an existing development, (b) the reconstruction or expansion of an existing commercial development consistent with its zoning resulting in a total floor area no greater than double that of the development prior to the expansion or(c)the reconstruction or expansion of an existing residence by no more than 10% of existing floor area or residential development where no additional dwelling units are constructed. 19 REQUESTED BUT DEFFERRED Due to the constraints of the upcoming 46-day short session and the need to prioritize the City's highest-impact legislative proposals, several items requested by departments were not carried forward for City Council consideration at this time. While these proposals address legitimate operational and policy needs, the limited timeframe of the short session necessitated a focus on items with the most immediate implications for City services, funding, and regulatory authority. The following department-requested items will therefore be included in a separate section for future consideration: increasing penalties for prostitution near massage establishments, strengthening condominium review authority, and expanding nondisclosure provisions for subpoenas and related court orders.These items may be revisited in subsequent sessions when sufficient bandwidth and strategic opportunity allow. CODE AMENDMENT 1: Increase the Penalty for Prostitution Near a Massage Parlor Background: Illicit massage businesses, commonly referred to as IMBs, are known venues for sex trafficking and human trafficking. Currently, convictions for prostitution and solicitation of prostitution are Class 1 misdemeanors, unless a minor is involved. Numerous independent organizations, Virginia State Police, Homeland Security Investigations, and local police have extensive documented cases to show that IMBs are a venue for commercial sex trafficking, that demand for prostitution services fuels the continued operation of said businesses, and that enhanced penalties are necessary to deter participation in the crimes. Often, victims are afraid of reporting themselves as victims or are manipulated into non- cooperation by controlling parties, thus making prosecution difficult without a cooperating victim. Due to its demonstrated connection to commercial sex trafficking, human trafficking, and organized criminal enterprises, the prostitution code should be amended to provide for enhanced penalties when the crime is committed within 100 yards of a massage parlor. Request: Amend §§18.2-346 & 18.2-346.01 to include that any person who solicits prostitution at, or engages in prostitution within, or in connection with a massage establishment shall be guilty of a Class 6 felony. 20 CODE AMENDMENT 2: Condominium Review Authority Background: This proposal would allow localities to ensure accessory dwelling units and other accessory structures remain under common ownership with the primary residence, preventing the ability to circumvent zoning requirements. Currently, the Code of Virginia governing condominium instruments does not allow for proper oversight and approval. This legislation would provide local governments with a mechanism to enforce the single- ownership requirements established under Virginia's recently adopted ADU legislation. Request: Amend Virginia Code § 55.1-1905 (A) to provide localities with clear authority to review condominium instruments for zoning compliance before they are recorded. A. No zoning or other land use ordinance shall prohibit condominiums solely on the basis of the form of ownership, nor shall any condominium be treated differently by any zoning or other land use ordinance that would permit a physically identical project or development under a different form of ownership. Except as provided in subsection E, no local government may require further review or approval to record condominium instruments When a pre eFty has ppeviewsly 69R;pla@ ' complies with subdivision, site plan, zoning, or other applicable land use regulations. 21 CODE AMENDMENT 3: Expand the Circumstances When a Court Can Temporarily Prohibit Disclosure of Subpoenas, Search Warrants, and Disclosure Orders Background: This proposal would amend Virginia Code § 19.2-70.3(L) to expand the circumstances under which a court can temporarily prohibit disclosure of subpoenas, search warrants, and disclosure orders. It would create two independent grounds for a 90-day nondisclosure order: minor-victim status alone, and a demonstrated risk of harm to an investigation—such as danger to safety, flight, destruction of evidence, witness intimidation, or jeopardizing the investigation— regardless of the victim's age. The change would strengthen protections for minor victims while giving law enforcement an additional investigative tool in cases involving adults, including gang, narcotics, human trafficking, and organized crime investigations. Request: Amend Virginia Code section § 19.2-70.3(L)to expand the circumstances under which a court can temporarily prohibit disclosure of subpoenas, search warrants, and disclosure orders. 22 City Manager's Office 757-385-4242 1 govaffairs0vbgov.com Municipal Center Bldg 1 2401 Courthouse Drive I Virginia Beach,VA 23456 Virginia #IA*BEA. y, City Council Policy Title: Legislative Agenda Process and Adoption Requirements Date of Adoption: Sept. 19,2023 Date of Revision:N�A Page 1 of 2 1.0 Purpose and Need The City Council desires to convey legislative requests and policy positions to the Virginia General Assembly that may be considered during the General Assembly session.These requests and policy positions are communicated to the General Assembly through the City Council's annual General Assembly Legislative Agenda. The purpose of this policy is to provide guidance regarding the adoption of that Legislative Agenda. This policy addresses the particular procedures required for the City Council to propose a legislative agenda item for consideration, to initiate a request to amend the City Charter, and the process to approve the adoption of the General Assembly Legislative Agenda. As a general matter, the City Council prefers its Legislative Agenda avoid national concerns that are not germane to the business of the City and the City Council. 2.0 Requirements for the Initial Draft of the Legislative Agenda A draft Legislative Agenda shall be presented by the City's Legislative Liaison in satisfactory draft form to City Council by October 15 of each year. A legislative agenda item for the draft legislative agenda may be proposed in one of three manners: 1. Proposed by the Mayor 2. Proposed by at least three members of the City Council 3. Proposed by a City Department and approved by the City Manager If one or more members of the City Council is a liaison to a board or commission, it is typical for this member to be one of the three sponsors for a legislative request originating from such board or commission. A request to add an item to the Legislative Agenda shall be made to the City Manager and the City's Legislative Liaison. The City Manager and the City's Legislative Liaison will prepare a first draft of the Legislative Agenda to be presented to the City Council. After the first presentation of the draft Legislative Agenda, a public comment shall be placed on a City Council meeting agenda to receive the input of the residents upon the draft Legislative Agenda. 3.0 The Legislative Agenda After receipt of input from the residents, the City Manager shall provide an opportunity for the City Council to discuss the Legislative Agenda at an Informal Session or Workshop meeting. The members shall be provided an opportunity to ask questions and seek input from the City Staff. At the conclusion of such meeting, the City Council may provide direction to the City Manager regarding items to be included or removed from the initial draft of the Legislative Agenda. Thereafter, the City Manager shall place the Legislative Agenda on the City Council's agenda to allow formal consideration of the Legislative Agenda. 4.0 Policy for Adoption of the Legislative Agenda The City Council may adopt the Legislative Agenda in a single motion in a manner that is analogous to the City Council's adoption of its consent agenda. Any single member may request an item be pulled from the Legislative Agenda to be considered individually. The City Council hereby imposes upon itself a requirement that the Legislative Agenda, as a whole or individual agenda items, require an affirmative vote of two-thirds of the members of the City Council. Title: Legislative Agenda Process and Adoption Requirements Date of Adoption: Date of Revision: N A Page 2 of 2 5.0 Past-adoption Supplement(s)to the Legislative Agenda At any time after the adoption of the Legislative Agenda, the Mayor or any combination of three(3) members of the City Council may make a request to supplement the Legislative Agenda. The form of such supplement shall be a resolution to add an item to the Legislative Agenda. The vote threshold required for such resolution is an affirmative vote of two-thirds of the members of the City Council. In addition, after the adoption of the legislative agenda, during the course of the General Assembly session, the Legislative Liaison may request that the City Council take a position on proposed legislation or budget amendments that are up for consideration. 6.0 City Charter Amendment Process Pursuant to the Code of Virginia, a request by the City Council to the General Assembly to amend the City Charter requires either a public hearing or a referendum. Any referendum request shall be made by the City Council at least 81 days prior to the November election in compliance with Virginia Code §24.2-682(B). The Mayor or the combination of any three (3) members of the City Council may request the placement of an advertisement in the newspaper for a public hearing to amend the City Charter. This request can be made in writing and a copy of the request shall be provided to all members of the City Council. Upon receipt of such request, the City Attorney in coordination with the City Clerk and the City's Legislative Liaison shall prepare the appropriate notice for the newspaper and scheduling of the public hearing. A request to amend the City Charter may be included in the draft Legislative Agenda, but the adoption of such request shall be by separate resolution. While unanimity is preferred, the City Council hereby imposes upon itself a requirement that such resolution be adopted by an affirmative vote of three-fourths of the members of the City Council. If adopted, the request to amend the City Charter, the publisher's affidavit, and a certified copy of the City Council's minutes shall be available to the General Assembly in compliance with Virginia Code § 15.2-202. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE vacation of approximately 2,079 sq. ft. portion of a variable width public pedestrian access easement located along the Western Boundary of 4576 Bonney Road re construction and maintenance of a portion of the Thalia Creek Greenway (the "Trail") 2. Ordinance to AUTHORIZE the Acquisition of an Agricultural Land Preservation Easement (ARP) 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), and the Issuance bythe City of its contract obligations in the maximum principal amount of$755,182; and TRANSFER of funds to purchase U.S.Treasury STRIPS 3. Resolution to DESIGNATE the first full week in November 2026 as Alzheimer's Awareness Week and AUTHORIZE the City Manager to illuminate Greenwich Flyover, Building 30, and other city facilities with teal lighting (Requested by Council Members Berlucchi, Hutcheson, Remick, Ross-Hammond, and Schulman) 4. Ordinance to AUTHORIZE and ACCEPT Dedication of Easements re the Vacuum Valve Monitoring System Project, (CIP 100440) 5. Ordinance to ACCEPT and APPROPRIATE $1,584,357 from the Federal Emergency Management Agency (FEMA) to the FY 2026-27 Fire Department Operating Budget re continued operation of Virginia Task Force 2 Urban Search and Rescue Team 6. Ordinance to ACCEPT and APPROPRIATE $1,396,535.40 from the U.S. Department of Homeland Security (DHS) to the FY 2026-27 Fire Department Operating Budget and AUTHORIZE $868,116.61 local match re salary and associated benefits of nine (9) full-time positions 7. Ordinance to ACCEPT and APPROPRIATE $1-Million from the United States Tennis Association to the FY 2026-27 Capital Improvement Program to Project #100714, "Tennis Court Renovations IV" and AUTHORIZE a local match of $667,000 within Capital Project #100714, "Tennis Court Renovations", and Capital Project #601002 "Tennis Court Renovations—Phase II" re renovation of tennis courts 8. Ordinance to APPROPRIATE $505,000 from the Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY 2026-27 Police Operating Budget re software, equipment, and training 9. Ordinance to ACCEPT and APPROPRIATE $500,000 in pass-through revenue from the Commonwealth to Nimmo United Methodist Church and DIRECT the City Manager to enter into a Memorandum of Understanding (MOU) with the Virginia Department of Historic Resources re restoration of Nimmo United Methodist Church Building 10. Ordinance to ACCEPT and APPROPRIATE $416,862 in additional aid to Localities Grant Funding from the Virginia Department of Fire Programs to the FY 2026-27 Fire Department Operating Budget re training, construction of training centers, firefighting equipment, and protective clothing 11. Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Housing and Community Development and $33,394.66 from the United States Department of Housing and Urban Development (HUD) to the FY 2026-27 Department of Housing and Neighborhood Preservation Operating Budget re support Virginia Homeless Solutions Programs and amend various grants � yt� 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 and recorded until the Developer's site plan has been approved by the City and the Developer has posted with the City a form of surety satisfactory to the City Attorney in an amount equal to the estimated costs of relocating and reconstructing the path within the 20' Easement (with such estimated costs agreed to 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 Department/Agency: Parks & Recreation City Manager: 1 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 and 60 recorded until the Developer's site plan has been approved by the City and the 61 Developer has posted with the City a form of surety satisfactory to the City Attorney in 62 an amount equal to the estimated costs of relocating and reconstructing the path within 63 the 20' Easement (with such estimated costs agreed to by the City). 64 65 2. That the City Manager or his designee is authorized to execute all 66 documents that may be necessary or appropriate in connection with the actions 67 authorized above, and including such other terms, conditions or modifications as may 68 be acceptable to the City Manager and in a form deemed satisfactory by the City 69 Attorney. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 72 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: ti Parks & Recreation City Attorney CA17187 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d011\p055\01158007.doc R-2 10/14/26 L2•:: \ N:3472734.24'----- \ E:12175224.18' 2 N/F ABEMS&ASSOCIATES \ (INST#20 14 1 10600 1060 160) \ GPIN 14775217610000 PORTION OF PUBLIC PEDESTRIAN }�( ACCESS EASEMENT (INST#202207000062) (INST#202203025237) �•:;• �'�I^ TO BE VACATED i tom.:: O PUBLIC PEDES TRIA N ACCESS EASEMENT INST#2022 0 700 00 62 ' ) (INST#202203025237) N/F ABEMS&ASSOCIATES : } (INST#20141106001060160) !• :; GPIN 1 4 7 742 9 69 70000 }j..:.:. (,.-j=::;. .•� j PARCEL-1 MB.298,P.9 NIF OB 22,LLC APPROXIMATE LOCATION OF "i :: :) , (INST#202203025236) 15'VIRGINIA ELECTRIC&POWER GPIN 14 775245 1 60000 ,.i..., , COMPA N Y(VEPCO)EASEMENT :•1;• R/W37811 (D.B.2304,P.928) 10A0 } T ': k 5.00 }}. .. 5.00 �t01i OF Dj ,. O :•!•• • •) O/TODD FRENCH N:347249540 �:;:::;.:.:::' Lic. No. 2410 �12174�94827' ::•�. •:•:• SURD t� I'AR/gg�NNEY �5 44 VOp7- 1 E 0_10D�- RnAD (D g 14 Rf'30044 73 1U1 pF�'qY (M•g SjpB�-6B o3p1) 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 k O U P Virginia Beach Virgins THIS DRAWING tREPAREO AT THE Date:0810412026 Scale: 1"= 40' VIRGINIA BEACH OFFICE Sheet 1 of 2 J.N.:49538.003 2501 S. Lyrnn3�.Read,S_t,200 I%T'rg 1.3 etldl,VA 23452 TEL 757.213.6679 FAY 757.350,1415"'Jimmc—x— 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 CAL 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' 5 AREA TO BE VACATED=2,079 SQ.FT. OR 0.048 AC. L5 N28°14'41'W 20.50' LCH OF D c TODD FRENCH a Lic. No. 2410 �-y-2a2G S� 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 Virginia Beach Virginia THIS DRAWING PREPARED AT THE Date: 0810412026 Scale: N/A VIRGINIA BEACH OFFICE Sheet 2 of 2 1.N.: 49538.003 2901 ScUh L}-, r—P-R J,S,to 200 1 Wg,va 8,xd%VA 23452 TEL 757.213.6679 FAX 7S7.340.1415 w—w.6mmons.com Last Revised: _. . LOCATION MAP 0 Air",114tv E »• vV cr z 2 - cl�ek R w Uj _R a aaoi ,.. CpN ' , 4576 Bonney Road (GPIN: 1477-52-4516) _ p Approx. Location of Public Pedestrian Access Easement1-264 .i�, „ -264 ■ Disclosure Statement ■ VIRGINIA Disclosure V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for of/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 BONNEY RD APARTMENTS LLC Is Applicant also the Owner of the subject property? Yeso Noe If no,Property Owner rrust complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(j)NoO If yes,name Representative: Richard L. Bowie Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo If yes,fist the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 1 relationship with the applicant.(Attach list if necessary.) ffs: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 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 TBD cross•collateralization,etc.) Real Estate Broker/Agent/Realtor Q e Disclosure Statement I rev. M a y-2024 page 1 of 3 Bonney Rd Apartments LLC Agenda Item 11 page 25 of 28 Disclosure SECTION DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O ® TBD Architect/Designer/landscape 0 0 Heffner Architects,PC Architect/Land Planner Construction Contractor 0 0 Terry/Peterson Residenfial Companies,L.L.C. Engineer/Surveyor/Agent 0 a Timmons Group Legal Services a O Wilcox Savage 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. John M. Peterson, III, Manager j�j-�, Applicant Name(Print) Ap icant Signature Date 7 "Parent subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2.3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (li) 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 dose working relationship between the entities."See State and Local Government Conflict of Interests Act Va.Code§2.2.3101, FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement i rev. May-2024 page 2 of 3 Bonney Rd Apartments LLC Agenda Item 11 page 26 of 28 SECTIONDisclosure Statement R• ■ OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application 08 22, LLC, a Virginia limited liability company 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 o porent-subsidiary'or affiliated business entity Z relationship with the applicant.(Attach list if necessary.) [Members:GLYWIL IN�ESTN1�i�, -Managers:Cecil V.Cutchins Does the subject property have a proposed or pending purchaser? Yeso Not 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 0 No0 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 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 legal Services 0 1 0 �Vkox Savage PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Farm 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 bas*& mmittee in connection with this application. Property Owner Name(Print) Propert Owner Signature Date Disclosure Statement l rev. May-2024 page 3 of 3 Bonney Rd Apartments LLC Agenda Item 11 page 27 of 28 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 (GPINs: 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 Submitting Department/Agency: Agriculture Department City Manager: /V 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 , 2026. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and Manageme'nl Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: &1A g. ff&4qXW 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 (I 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 fund 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. 1 .1 • _J —J • CLASS • • 1 • • - • 1 <Null> Class 1 Class I Mow Floodplain Class II .Class llt(Class 11-FP) Wet Soils _x • I • • • , � , a � n .{��r »t� tick r.{ Air �`�� '.f f vµ y` n 6y: t "�'"" °N. `f 'l, t j^ •sb,�. , tN it M1r V`• 4 .,s I/ Disclosure CITY of . BEACH Statement The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. Completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name; as listed on application 2Fk-, .J 4me FA-SU'✓ el—I)CSTF12 '�ulVTOM tc-/-`sav Is Applicant also the Owner of the subject property?Yes No Q 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 Noo If yes, list the names of all officers, directors, members,or trustees below AND businesses that have a parent-subsidiary 'or affiliated business entity -relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE 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 'o yes, name the official or employee, and describe the nature of their interest. i 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.) l SERVICE YES NO SERVICE PROVIDER (Name entity and/or Individual) Financing(mortgage,deeds of trust, Q cross-coliateralization, etc.) Disclosure Statement I rev.May-2024 page 1 of 4 f Real Estate Broker/Agent/Realtor 0 ,SECTION ' ' ' •SURE continued i I i i SERVICE YES NO SERVICE PROVIDER (Name entity and/or Individual) I ` Nor .f.v�¢ti• ' 1 Accounting/Tax Return Preparation 0 J` rvnbev- une ai It-(uw i Architect/Designer/Landscape Architect/Land Planner 0 i Construction Contractor 0 l Engineer/Surveyor/Agent O I 4 Legal Services 0 j APPLICANT CERTIFICATION READ.I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, i 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 orrcornmittee in connection with this application. _S v Applicant Name (Print) Applicant Signature Date "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 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, (il) I FOR CITY USE ONLY: i a controlling owner in one entity is also a controlling owner in the other entity, or(111)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 i person own or manage the two entities;there are common or commingled funds or assets; the business !!I entities share the use of the same 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. i Disclosure Statement rev.M ay-2024 page 2 of 4 i 1 VIRGINIA Disclosure ■ BEACH The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. ,SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on applications C� � ��M.r S 1a 50)\J Is Applicant also the Owner of the subject property?Yes 0 No 0 If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes If yes,name Representative: Is Applicant a corporation, partnership, firm,business,trust or unincorporated business? Yes 0 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 2relationship with the applicant. (Attach list if necessary.) i Does the subject property have a proposed or pending purchaser? Yes o If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE f Does an official or employee of the City of Virginia Beach have an Interest In the subject land or any i proposed development contingent on the subject public action? Yes i yes, name the official or employee, and describe the nature of their Interest. I i APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services 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.) j SERVICE YES NO SERVICE PROVIDER (Name entity and/or Individual) Financing(mortgage, deeds of trust, cross-collateralization, etc,) 0 ( tV �lfZ-S ��Disclosure Statement I rev. M ay-2024 page 1 of 4 i Fal Estate Broker/Agent/Realtor 1 01 i APPLICANT continued f I i SERVICE YES NO SERVICE PROVIDER i (Name entity and/or individual) hx / ( i Accounting/Tax Return Preparation �c TP-ACFY- t'i z�mJl 1 jJ 62 Architect/Designer/Landscape O Architect/Land Planner i Construction Contractor T Engineer/Surveyor/Agent O Legal Services APPLICANT 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, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. { l � ER- TA-I s lflSyiV 7 �� z� Applicant Name(Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101, j z 'Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when (1)one business entity has a controlling ownership interest in the other business entity, (H) I 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 relationshlp Include that the same person or substantially the same i person own or manage the two entities, there are common or commingled funds or assets;the business entities share the use o the same offices or employees or otherwise share activities,resources or personnel f � on a regular basis;or there is otherwise a close working relationship between the entities."See State and t Local Government Conflict of Interests Act, Va. Code§2.2-3101. Disclosure Statement rev.M ay-2024 page 2 of 4 j t 4-6, i DisclosureVIRGINIA i BEACH Statement i The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies, I SECTION 1: I APPLICANT • i APPLICANT INFORMATION Applicant Name: / i as listed on application�/'��T�Q q4' "U76`rt) So�� f/�a� �i�1/Ll�v;�/�/�% L-f.57a11 i 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 O O If yes,name Representative: �r Is Applicant a corporation, partnership, firm,business,trust or unincorporated business? Yes Mc NoO i If yes,list the names of all officers, directors, members, or trustees below AND businesses that have a j parent-subsidiary 'or affiliated business entity 2relotionshlp 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: 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. Ii 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.) I ! SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, O cross-collateralization,etc.) I Disclosure Statement I rev.M ay-2024 page 1 of 4 Real Estate Broker/Agent/Realtor 0 APPLICANT'SECTION 1: DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) i L�aL Accounting/Tax Return Preparation 0 L(kn gltrr�1 Architect/Designer/Landscape Architect/Land Planner { Construction Contractor O i Engineer/Surveyor/Agent O I Legal Services 0 I i 1 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 mmittee in connection with this application. G?i�lEiT�/� C�viivrvv Eiy��/� a�G�c�fi� ColXt/Ll.�w1WIt ab-m l-/b- Z G Applicant Name (Print) Applicant Signature Date j "'Parent-subsidiaryrelationship" "a relationship that exists when one corporation directly or P P p Y 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 that)parent-subsidiary relationship, 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 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 I Local Government Conflict of Interests Act, Va. Code§2.2-3101. Disclosure Statement I rev.M ay-2024 page 2 of 4 (as ! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating the First Full Week in November to Recognition of Alzheimer's Awareness and Authorizing the Illumination of Certain City Facilities in Teal Annually MEETING DATE: October 20, 2026 ■ Background: November is Alzheimer's Awareness Month. Alzheimer's disease is a progressive brain disorder that causes memory loss, confusion, and other cognitive decline. More than 6.2 million Americans live with Alzheimer's disease. There is currently no cure for Alzheimer's disease, but treatments can help manage symptoms and slow the progression of the disease. Research is ongoing to develop new treatments and prevention strategies for Alzheimer's disease November is National Alzheimer's Awareness Month, and it is a time to raise awareness about Alzheimer's disease and show support for individuals and families affected by Alzheimer's. Teal is used to demonstrate support for Alzheimer's awareness because teal is a calming color in psychology color studies. More than 1,300 structures around the world are illuminated in teal annually to raise awareness and show support for the millions of people impacted by Alzheimer's. ■ Considerations: This resolution designates the first full week in November, annually, in recognition of Alzheimer's Awareness. The resolution provides that the Virginia Beach Convention Center, the Virginia Aquarium & Marine Science Center, Building 30, and the Greenwich Flyover will be illuminated with teal lighting in recognition of Alzheimer's Awareness for the week. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Resolution Requested by Councilmembers Berlucchi, Hutcheson, Remick, Ross-Hammond, and Schulman REQUESTED BY COUNCILMEMBERS BERLUCCHI, HUTCHESON, REMICK, ROSS- HAMMOND, AND SCHULMAN 1 A RESOLUTION DESIGNATING NOVEMBER IN 2 RECOGNITION OF ALZHEIMER'S AWARENESS 3 AND AUTHORIZING THE ILLUMINATION OF 4 CERTAIN CITY FACILITIES IN TEAL ANNUALLY 5 6 WHEREAS, November is Alzheimer's Awareness Month; 7 8 WHEREAS, Alzheimer's disease is a progressive brain disorder that causes 9 memory loss, confusion, and other cognitive decline; 10 11 WHEREAS, more than 6.2 million Americans live with Alzheimer's disease; 12 13 WHEREAS, there is currently no cure for Alzheimer's disease, but treatments can 14 help manage symptoms and slow the progression of the disease; 15 16 WHEREAS, research is ongoing to develop new treatments and prevention 17 strategies for Alzheimer's disease; 18 19 WHEREAS, November is a time to raise awareness about Alzheimer's disease 20 and show support for individuals and families affected by Alzheimer's; 21 22 WHEREAS, teal is used to demonstrate support for Alzheimer's awareness 23 because teal has been shown to be a calming color in psychology color studies; and 24 25 WHEREAS, more than 1,300 structures around the world are illuminated in teal 26 annually to raise awareness and show support for the millions of people impacted 27 by Alzheimer's. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA- 31 32 That the City Council hereby designates November in recognition of Alzheimer's 33 Awareness; and 34 35 That the City Manager is directed to illuminate the Greenwich Flyover, Building 30, 36 and, if available, the Virginia Beach Convention Center and the Virginia Aquarium & 37 Marine Science Center, with teal lighting in recognition of Alzheimer's Awareness the first 38 full week of November annually. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of October, 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA17220/R-2/May 5, 2026 N1A c i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acceptance of dedications of easements for the Vacuum Valve Monitoring System Project, CIP 100440 MEETING DATE: October 20, 2026 ■ Background: The City of Virginia Beach operates six vacuum wastewater service areas: Sandbridge North and South, Dozier's Bridge, Alanton, Little Neck, and Salem. Vacuum wastewater systems were implemented in these areas due to their expansive, low-lying terrain and offered a relatively cost-effective alternative to traditional gravity sewer systems. However, vacuum systems are more labor-intensive to operate and maintain. As technology has advanced, vendors have developed monitoring capabilities that allow individual vacuum pits and stations to be remotely monitored, providing City employees with greater visibility and improving system management. The monitoring equipment requires a pedestal to be installed adjacent to each activated valve inside the manhole. The Vacuum Valve Monitoring System Project (the "Project") calls for the installation of these pedestals within the City's right-of-way in the Little Neck area. While these pedestals are necessary to support the monitoring system, some residents consider them visually intrusive or disruptive to the aesthetics of their properties. As a result, residents in the Little Neck area have requested that the pedestals be relocated outside the public right-of-way and placed within their yards where they can be incorporated more discreetly into the landscape. The residents who choose to have the pedestals relocated will dedicate easements to the City for installation and maintenance. This Project is 100% City funded. ■ Considerations: Public Utilities is generally required to install and maintain its infrastructure within the public right-of-way unless a dedicated utility easement is available. In the Little Neck area, residents have specifically requested that Public Utilities Operations consider installing monitoring pedestals within private yards when there is no practical or aesthetically appropriate location within the right-of-way. This creates a need to balance operational requirements, property- owner concerns, maintenance access, and the City's right-of-way and easement requirements. There is no additional cost to the City for moving the location of the pedestals into the dedicated areas. ■ Public Information: Public notice will be provided via the normal City Council agenda process. N SITE .iSHORE c CHESAPEAKE BAY S 2 m � r�z I SHORE DR VIRGINIA 6EACH:1.264 LITTLE NECK LYNNHAVEN BAY I , ' y "VT . { " ' `Y m A wCS d ��YqN 1 DR03 � �� • j - / 1• . `f Q c D E�LV ?eggROK .fi • F 1' . � a �A ry # r M � LOCATION MAP Le end VIRGINID � FOR g p Y. w ono aEPCH PROPERTIES AFFECTED BY ---- -U�BEACHLL:1p : z BL -VIRG�N�F VACUUM SEWER PEDESTAL INSTALLATION Property C I P 100440 City w } z � Properties affected by Lou m © 0 5,000 10,000 � ED Vacuum Sewer Pedestal QAT IL oN o Feet Installation �, S 6par&d By MANIL P W Eng,SuFveyBureau',9-24-2026urveys cis rogects. ea state gen a ps': otects -OP 10WD We Neck acuum Sewer Pedestal Installation260373aprx ■ Alternatives: Decline the proposed dedications. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Adopt Ordinance Submitting Department/Agency: Public Works/Real Estate City Manager: 9 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Federal Emergency Management Agency for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: October 20,2026 ■ Background: The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, has continued its funding for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. This funding supports personnel costs, equipment and supplies, facility leasing, training, and travel necessary to maintain the VA-TF2 team at an expected level of response capability. The City's Fire Department is the sponsoring agency for VA-TF2. To ensure that risk management, personnel and building lease costs would be appropriated through the Fiscal Year 2026-2027 City of Virginia Beach Budget Process, an estimate of these costs ($515,476) was utilized until the actual amount of the entire FY26 FEMA Cooperative Agreement grant was made available. An additional $1,584,357 needs to be appropriated, based on the actual award. ■ Considerations: FEMA has awarded $2,099,833 to VA-TF2 for support of ongoing expenses for a 36-month period from October 1, 2026, through September 30, 2029. The grant does not require a local match. As stated above, $515,476 of this funding has already been appropriated. The grant also provides funding for the continuation of equipment replacement, supplies, training, formal exercise costs, and travel expenses. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance levels. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: (W 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR THE CONTINUED 4 OPERATION OF THE VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $1,584,357 is hereby accepted from the Federal Emergency Management Agency 11 and appropriated, with federal revenue increased accordingly, to the FY 2026-27 12 Operating Budget of the Virginia Beach Fire Department, for the administration of Virginia 13 Task Force 2. 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: Budget and Management Services City Attorney's Office CA17320 R-1 October 6, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Department of Homeland Security, to Appropriate Fund Balance for a Local Match, and to Authorize 9.0 Positions in the Fire Department MEETING DATE: October 20, 2026 ■ Background: The Virginia Beach Fire Department was notified in September 2026 that the grant application for the FY 2025 Staffing forAdequate Fire and Emergency Response (SAFER) Grant was approved in the total amount of $2,264,652. Of this amount, $1,396,535.40 are federal funds along with a required local match of $868,116.60. In addition to the local match, the City has to purchase protective equipment at an estimated cost of $153,117 through a separate Aid-to-Localities grant funds and existing General Fund resources. The FY2025 SAFER grant will support the salary and benefit costs of nine additional full- time Firefighter I positions for a 36-month performance period. At the end of the 36-month period, should the City elect to keep the positions, the City would be required to absorb 100% of the costs. These firefighters will be assigned to frontline companies. The additional staff will allow experienced personnel to provide Battalion Accountability and Safety Technician (BAST) support without reducing apparatus staffing. BASTs provide direct support to an operational Battalion Chief with day-to-day management functions as well as when they are serving in the role of incident commander when responding to an emergency situation. The additional staffing will strengthen incident accountability, firefighter safety, and emergency response capability. Although this grant will result in additional BAST positions, the required daily minimum staffing numbers will not change, and this addition of FTEs will not increase the number of personnel requested to achieve 48-hour staffing. The purpose of the SAFER Program is to provide funding directly to fire departments to assist with increasing the number of firefighters to help communities meet industry minimum standards, to attain 24-hour staffing to provide adequate protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. The only eligible expenses are the salary and associated benefits for the new positions funded under the grant. Compensation for a firefighter's normal work schedule is reimbursable, but overtime costs are not eligible for reimbursement by the SAFER Program grant award (including overtime for holdovers, extra shifts, to attend training, etc.). Only costs for overtime that the fire department routinely pays as a part of the base salary or a 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE DEPARTMENT OF HOMELAND SECURITY, TO 3 APPROPRIATE FUND BALANCE FOR A LOCAL MATCH, 4 AND TO AUTHORIZE 9.0 POSITIONS IN THE FIRE 5 DEPARTMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $1,396,535.40 is hereby accepted from the United States Department of 11 Homeland Security via the Federal Emergency Management Agency, and 12 appropriated, with federal revenue increased accordingly, to the FY 2026-27 13 Operating Budget of the Fire Department for salary and associated benefits of 14 nine full-time positions. 15 16 2) $868,116.61 is hereby appropriated from the fund balance of the General Fund 17 for the local match component. 18 19 3) 9.0 full-time fire fighter positions are hereby authorized within the FY 2026-27 20 Operating Budget of the Fire Department. 21 22 4) These positions are contingent upon the continuation of grant funding from the 23 federal government. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services y t ney's Office CAI 7322 R-1 October 6, 2026 firefighter's regularly scheduled and contracted shift hours, in order to comply with the Fair Labor Standards Act, are eligible. ■ Considerations: The nine additional FTE authorizations will end when the grant period concludes. The firefighters could be retained by Fire Department if there are vacancies, which would avoid a permanent increase in authorized staffing from this grant. The local match of $868,116.60 will be provided from the Fund Balance of the General Fund. The City's General Fund Fund Balance policy states that the fund balance should be between 8 -12% of current year revenue. Through this additional appropriation, the estimate is currently approximately 9%. Final fund balance figures will be provided by the Department of Finance once the FY 2025-26 Annual Comprehensive Financial Report is completed in November. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommendations: Approval of Ordinance. Submitting Department/Agency: Fire Department City Manager:/11V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the United States Tennis Association to Capital Project #100714 "Tennis Court Renovations IV" and to Authorize a Local Match MEETING DATE: October 20, 2026 ■ Background: The Parks and Recreation section of the Capital Improvement Plan includes an ongoing series of projects dedicated to the renovation and maintenance of the City's tennis courts, both at public parks and high schools. As of FY 2026-27, the largest funding source for renovations is Capital Project #100714 "Tennis Court Renovations IV."This project is fully funded by the Outdoor Initiative dedication of the real estate tax. This project fully funds the renovation of park tennis courts and 50% of the cost of school tennis courts. The remaining cost of school courts is funded through the School-managed Capital Project#601002 "Tennis Court Renovations - Phase ll." In September 2026, the Parks and Recreation Department was awarded a $1,000,000 grant from the United States Tennis Association, a non-profit organization that governs tennis across the country. The grant, if accepted, will reimburse the City for costs related to the repair, resurfacing, and reconstruction of high school tennis courts over the next three years. The grant agreement specifies that 80% of funds shall be dedicated to the resurfacing of approximately 50 courts and the remaining 20% shall be dedicated to four new or reconstructed courts. ■ Considerations: The grant requires a local match totaling $667,000. Because this grant is for school courts, the local match would be split evenly between the City and Schools projects. If approved, the local match would be funded through existing appropriations to Projects #100714 "Tennis Court Renovations IV" and #601002 "Tennis Court Renovations— Phase II." Each project has sufficient appropriated and programmed funding for the match. The term of this grant is three years. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; Detail Sheets (2) Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Department City Manager: / 0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE UNITED STATES TENNIS 3 ASSOCIATION TO CAPITAL PROJECT #100714 4 "TENNIS COURT RENOVATIONS IV" AND TO 5 AUTHORIZE A LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $1,000,000 is hereby accepted from the United States Tennis Association and 11 appropriated, with revenue increased accordingly, to the FY 2026-27 Capital 12 Improvement Program to Project #100714 "Tennis Court Renovations IV" 13 14 2. A local match totaling $667,000 is hereby authorized from existing 15 appropriations within Capital Project #100714 "Tennis Court Renovations IV" 16 and Capital Project#601002 "Tennis Court Renovations — Phase II." 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: 09�� Z/ B dget and Management Services qty Attorney's Office CA17325 R-1 October 8, 2026 City of Virginia Beach FY 2027 thru FY 2032 Capital Improvement Program Project: 100714 Title:Tennis Court Renovations IV Status:Approved Category:Parks&Recreation Department:PARKS AND RECREATION Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 1,800,000 0 300,000 300,000 300,000 300,000 300,000 300,000 0 ScopeDescription and This project funds ongoing capital maintenance of city and schools public tennis courts at high schools and park sites throughout the city.When courts are renovated,opportunities to include striping for pickleball or incorporating stand along pickleball court conversations are considered and implemented when practical.Tennis court renovation and replacement projects at school sites are a cooperative 50/50 cost share between the city and schools for High School tennis courts.The school portion is funded in project 601002 Tennis Court Renovations II.During FY 2026-27,the next high school tennis court will be renovated based on condition and need. Purpose Iiiisprojectwi 'MA maintaine tennis aci ities Tor use oy nigffM=stu ents ana t e genera pu ic.An a icient an a ective tennis court action plan requires routine surface treatment and patching and periodic renovations or replacement. History and Current Status This project first appeared in the FY 2026-27 CIP and is a continuation of project 100413"Tennis Court Renovations III."This project is funded by the Outdoor Initiative dedication of the Real Estate Tax. Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Design 07/26-06/32 400,000 Construction 07/26-06/32 1,400,000 Total Budgetary Cost Estimate; 1,800,000 Means of Financing Funding Subclass Amount Local Funding 0 PAYGO-Outdoor Initiative 1,800,000 Total Funding: 1,800,000 NO MAP REQUIRED FY 2026-27 TO FY 2031-32 1 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2027 thru FY 2032 Capital Improvement Program Project:601002 Title:Tennis Court Renovations-Phase II Status:Approved Category:Schools Department:PUBLIC EDUCATION Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 4,040,000 2,410,0001 240,000 250,0001 260,000 280,0001 290,0001 310,0001 0 Description and Scope This project is a cooperative effort by schools and the city to implement a citywide program for renovation and rehabilitation of public tennis courts at various school and park sites.It is anticipated that this project will be jointly funded(50/50)between the school division and the City's Department of Parks and Recreation. Purpose TA.is project wiA7r-3vrSrT7Y=bMA maintaine tennis aci ities or use oy ti ie genera pu ic.An e icient an a ective tennis court maintenance p an requires routine surface treatment,patching,and periodic renovations/rehabilitation.In addition,some tennis courts will have to be completely rebuilt or renovated. This project first appeared in the FY 2014-15 CIP. History and Current Status Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 07/14-06/32 170,000 Design 07/14-06/32 640,000 Construction 07/14-06/32 2,900,000 Contingencies 07/14-06/32 330,000 Total Budgetary Cost Estimate; 4,040,000 Means of Financing Funding Subclass Amount Local Funding 4,040,000 NO MAP REQUIRED Total Funding: 4,040,000 FY 2026-27 TO FY 2031-32 0 CAPITAL IMPROVEMENT PROGRAM �Nv. o. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $505,000 from the Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund for Police Software, Equipment, and Training MEETING DATE: October 20, 2026 ■ Background: The Police Department requests that the City Council approve the use of $505,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items not funded through the Virginia Beach Police Department's FY 2026-2027 Operating Budget: ➢ Police Leadership Training - $100,000 ➢ Upfitting —Animal Protection Unit Vehicle - $55,000 De-Escalation Bumpers for Patrol Cars - $70,000 Personal Watercrafts for Marine Patrol - $40,000 ➢ Software for Detective Bureau - $150,000 ➢ Surveillance Equipment for Special Investigations - $65,000 ➢ Triage Computers for Special Investigations - $25,000 The Leadership funding will be used for opportunities such as the Police Executive Leadership School, FBI LEEDA Institute courses, the Senior Management Institute for Police, and other appropriate courses as they come available for suitable staff. The Animal Services Unit recently acquired a new truck to be assigned to the Animal Services Officers. This truck will be used for enforcement, public safety and animal welfare. This request will upfit the vehicle with fiberglass animal transport compartments, temperature controls, lights, safety doors, and other equipment to make it suitable for safe animal transport. The de-escalation bumpers will be added to the Police Department's fleet. This equipment allows officers to bring a suspect vehicle to a controlled stop quickly to end chases and enhance officer and public safety. This will fund seven bumpers and related equipment. The Marine Patrol will purchase two personal watercrafts (jet skis) to be used for enforcement in areas of high traffic and shallow water, provide increased visibility to serve as a deterrent to unsafe boating behavior, and to allow officers to reach emergencies faster. The Detective Bureau is requesting a software subscription that helps investigators to analyze various evidence formats to include call detail records, video and audio, warrant returns, documents, and messages. This software will serve as a force multiplier which is significant due to the vacancies in the Bureau. Investigations continue to involve large volumes of digital evidence. This tool will reduce labor-intensive reviews and allow detectives to focus on interviews, developing suspects and witnesses, and pursuing leads. The Special Investigations Bureau is requesting funding for equipment to be used in criminal investigations, surveillance operations, intelligence gathering and other public safety missions. Equipment requested will increase productivity, improve case management and enable the department to accomplish more with existing staffing levels. The Special Investigations Bureau is requesting funding for two triage laptops for the Digital Forensic Examiners assigned to the Computer Crimes Squad. These can be used in the execution of search warrants to identify relevant evidence on scene. The laptops can also be used to process cellular devices, serve as secondary forensic workstations, and present evidence to Commonwealth's Attorneys and defense counsel during case preparation and prosecution. ■ Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, but cannot be used to supplant local funding. Rather, seized asset resources must be above and beyond City funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action. As of September 2026, the unassigned fund balance was approximately $1.9 million. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 14V 1 AN ORDINANCE TO APPROPRIATE $505,000 FROM THE 2 FUND BALANCE OF THE POLICE FEDERAL AND STATE 3 SEIZED ASSETS SPECIAL REVENUE FUND FOR POLICE 4 SOFTWARE, EQUIPMENT, AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $505,000 is hereby appropriated, with revenues increased accordingly, from the 10 fund balance of the Police Federal & State Seized Assets Special Revenue Fund to the 11 FY 2026-27 Police Department Operating Budget for software, equipment, and training. 12 13 2. Equipment purchased through this funding is not guaranteed to be replaced by 14 the City of Virginia Beach. 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: 21�JFA A B dget and anagement Services ey s O ice CA17323 R-1 October 6, 2026 „��a'.” �GZ u _ .S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $500,000 in Pass-through Revenue from the Commonwealth to the Nimmo United Methodist Church and Directing the City Manager to Enter into a Memorandum of Understanding with the Virginia Department of Historic Resources MEETING DATE: October 20, 2026 ■ Background: In compliance with the provisions of Chapter 1 of the 2026 Special Session I of the Virginia General Assembly, the Virginia Department of Historic Resources will transfer award funding in the amount of $500,000 to the City of Virginia Beach to be awarded to the Nimmo United Methodist Church (UMC). These funds are to be used exclusively for the restoration of the Nimmo UMC building. The Nimmo UMC building is located in a historic overlay district which mandates the use of original materials for building restoration efforts. As original materials are cost prohibitive, grant funding is intended to alleviate the financial burden related to use of original materials. The pass-through funding is contingent upon the execution of a Memorandum of Understanding (MOU) between the Virginia Department of Historic Resources and the City. The MOU outlines the allowable uses of the funding including responsibilities of each of the three parties. The City must act as the "locality" by accepting and appropriating the funding for the Church to receive these funds. After disbursement of the funds, the Church must maintain records and submit a report to the Deputy Director of Administration of the Virginia Department of Historic Resources must occur from the Church. ■ Considerations: The attached ordinance appropriates the $500,000 in pass- through revenue to the Church and directs the City Manager to enter the required MOU. The Nimmo United Methodist Church will administer the grant as required by state law and the MOU.There is no required local match. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance; Memorandum of Understanding; Disclosure Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager-)V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $500,000 IN PASS-THROUGH REVENUE FROM THE 3 COMMONWEALTH TO THE NIMMO UNITED METHODIST 4 CHURCH AND DIRECTING THE CITY MANAGER TO 5 ENTER INTO A MEMORANDUM OF UNDERSTANDING 6 WITH THE VIRGINIA DEPARTMENT OF HISTORIC 7 RESOURCES 8 9 WHEREAS, pursuant to Chapter 1 of the 2026 Virginia Acts of Assembly, Special 10 Session I the Commonwealth of Virginia appropriated $500,000 to the Virginia 11 Department of Historic Resources for the exclusive support of the Restoration of the 12 Nimmo United Methodist Church Building; and 13 14 WHEREAS, State pass-through funding is contingent upon the City of Virginia 15 Beach acting as the entity responsible for disbursement of funds and establishment of a 16 Memorandum of Understanding between the City of Virginia Beach, Nimmo United 17 Methodist Church, and the Virginia Department of Historic Resources; 18 19 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 20 VIRGINIA, THAT: 21 22 1) $500,000 is hereby accepted from the Commonwealth and appropriated, with 23 estimated state revenues increased accordingly, to the FY 2026-27 Operating 24 Budget of the Planning Department for the purpose of executing a pass-through 25 grant from the Commonwealth to the Nimmo United Methodist Church for the 26 purpose of restoration of the Nimmo United Methodist Church Building. 27 28 2) The City Manager is hereby directed to enter into a Memorandum of 29 Understanding with the Virginia Department of Historic Resources to obtain the 30 pass-through contribution from the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services 11City Atto ey's Office CA17318 R-1 October 6, 2026 Memorandum of Understanding Among The Virginia Department of Historic Resources And The City of Virginia Beach And the Nimmo United Methodist Church For the Administration of the FY 2026-2027 State Grant for Historic Preservation The Commonwealth of Virginia through the Department of Historic Resources will provide $500,000 to the Nimmo United Methodist Church for the exclusive support of the Restoration of the Nimmo UMC Building (hereinafter"the Project"). This Memorandum of Understanding (hereinafter WOU")establishes a partnership among the Virginia Department of Historic Resources (hereinafter "DHR"), the City of Virginia Beach, an official subdivision of the Commonwealth (hereinafter "the Local Government"), and the Nimmo United Methodist Church (hereinafter "the Recipient") (Collectively, DHR, the Local Government, and the Recipient are "the Parties"). I. MISSION DHR is the State Historic Preservation Office of the Commonwealth. DHR fosters, encourages, and supports the stewardship and use of Virginia's significant architectural, archaeological, and historic resources as valuable assets for the economic, educational, social, and cultural benefit of citizens and communities. A significant responsibility is the administration and review of state and federal historic preservation grant programs for financial and programmatic compliance. DHR is authorized to administer state grants to non-state agencies under the Code of Virginia. Nimmo UMC serves as the hands and feet of Jesus in the community and in the world. They dedicate a portion of the annual budget specifically for missions. Together, the Parties enter into this MOU to mutually promote efforts to execute the Project. Accordingly, DHR, the Local Government and the Recipient operating under this MOU agree as follows: II. PURPOSE AND SCOPE DHR, the Local Government, and the Recipient will cooperate to ensure the correct and timely administration of the grant and the appropriate use and disbursement of its funds. 1. The "Partners" are forming a collaboration to comply with the provisions of Chapter 1 of the 2026 Special Session I of the Virginia General Assembly. 2. The collaboration is intended to benefit the citizens of the City of Virginia Beach and the Commonwealth. 3. Each organization which is a party to this MOU is responsible for its own expenses related to this MOU. 4. There will be an exchange of funds between the parties for tasks associated with this MOU as outlined below. III. RESPONSIBILITIES Each party will appoint a person to serve as the official contact and coordinate the activities of each organization in carrying out this MOU. The initial appointees of each organization are: DHR: Stephanie Williams, Deputy Director of Administration Stephanie.williamsCa)_dhr.virginia.gov (804) 482-6082 2801 Kensington Ave., Richmond, VA 23221 Local Government: Patrick Duhaney, City Manager pduhaneY(aDvbgov.com 757-385-4242 City Hall, Building 1, Suite 2017 2401 Courthouse Drive, Virginia Beach, VA 23456 Recipient: Mary Barnes, Leadership Board Chairperson Mary.barnes.11 @cnu.edu (757)-339-5246 2040 Nimmo Church Ln, Virginia Beach, VA 23456 DHR will: • Transfer award funding in the amount of$500,000 to the Local Government upon full execution of this MOU, but no later than June 30, 2027; • Authorize and instruct the Local Government to transfer funds to the Recipient upon full execution of this MOU; • Instruct the Recipient on the procedures for maintaining the financial records of the grant; The Local Government will: • Serve as fiscal conduit for the Project by receiving and transferring the grant funds in full to the Recipient upon full execution of this MOU. The Recipient will: • Submit project information form • Maintain accurate records for the use of the grant funds and retain the records for a minimum of five (5) years from completion of the Project. • Submit a final project report (see Exhibit A) to DHR and the Local Government within 30 days of the full expenditure of the grant funds. IV. TERMS OF UNDERSTANDING The term of this MOU is for a period of two years from the effective date of this agreement and may be extended upon written mutual agreement. It shall be reviewed annually to ensure that it is fulfilling its purpose and to make any necessary revisions. V. Exhibit B The terms set forth in Exhibit B, attached hereto, are incorporated fully herein by reference. Authorization On behalf of the organization I represent, I agree to the terms set forth in this agreement. DHR: (signature) (date) Roger Kirchen, Director and SHPO Local Government: (signature) (date) Name/Title Approved as to Content: (signature) (date) Name/Title Approved as to Legal Sufficiency: (signature) (date) Name/Title Recipient: (signature) (date) Name/Title EXHIBIT A Name of Recipient: Project Director Name: Project Director Title: Project Director Phone: Project Director Email: Grant Period: End date Project Title: Final Report Instructions: Please answer all questions within this document. Label all pages with the name of the Recipient organization. The final project worksheet, and all supporting materials, including copies of all invoices and receipts, must be submitted to DHR with this report. Project Description 1. Summarize the results of the project accomplished under this grant. 2. Describe any differences between the planned results as stated in the Project Scope of Work and the actual results. (N/A is an allowable response) Financial Information Please describe how the state funds were allocated to your project. Note: You may indicate non-state funds that were used to complete the project, however, no matching funding is required. Experience Answers to the following questions will help us improve the administration of this grant program. 1. What were the major successes or obstacles you faced in implementing your grant project and what additional assistance (from partner organizations, the community, DHR, etc.) would have benefited your organization? 2. Provide a quote and citation/author that describes how this project has benefited the local community and the Commonwealth and how it has furthered the public's knowledge of significant historical/cultural event(s) that shaped the nation. This quote may be used by the Commonwealth and/or DHR in publications or other social media. Final date due: Final date submitted: Recipients Official's Signature: Date: Printed Name: Phone: Email: Date Final approved by DHR: DHR Grant Manager Signature: Exhibit B 1. Compliance with All Laws. The Parties shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of scope of work set forth herein. 2. Agreement interpreted under laws of Virginia. This MOU shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this MOU shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 3. Independent Party. The Parties agree and covenant that they are, and shall be at all times, independent parties, and as such, shall have and maintain complete control over all of their employees and operations. The Parties, and anyone employed by them, shall not be, represent, act, purport to act, or be deemed to be an agent, representative, employee or servant of any other Party. Nothing in this section shall be deemed to absolve or otherwise limit the Parties' liability and responsibility to safely and correctly perform their duties under this MOU. 4. Non-appropriation. It is understood and agreed between the Parties hereto that the Parties shall be bound and obligated hereunder only to the extent that funds shall have been appropriated and budgeted for the purpose of this MOU. In the event funds are not appropriated and budgeted in any fiscal year for payments due under this MOU, a Party shall immediately notify the other Parties of such occurrence and this MOU shall terminate on the last day of the fiscal year for which appropriations were received without penalty or expense to the cities of any kind whatsoever. 5. Faith Based Organizations. The City of Virginia Beach does not discriminate against Faith- Based Organizations. 6. Compliance with Immigration Laws. The Parties agree that they do not currently, and shall not during the performance of this MOU, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. 7. Compliance with the Virginia Human Rights Act. The Virginia Human Rights Act, as amended, includes protections against discrimination based on an individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. During the performance of this MOU, the Parties shall comply with the Virginia Human Rights Act, as amended. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Nimmo United Methodist Church SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include ❑ lending/banking institutions and current mortgage holders as applicable) ❑ Legal Services Broker/Contractor/Engineer/Other - Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Mary Louise Barnes Mary Louise Barnes 10/14/26 APPLICANT'S SIGNATURE PRINT NAME DATE i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Fire Programs MEETING DATE: October 20,2026 ■ Background: Each year during the budget development process, the Fire Department estimates the amount of Aid to Localities (ATL) Grant funding that will be received from the Commonwealth. ATL provides Virginia cities, towns, and counties with population-based funds to pay for training, public safety education programs, construction of training centers, firefighting equipment, vehicles, uniforms and protective clothing. In FY 2026-27, the adopted budget included $2,357,490 in estimated revenue from the ATL Grant program. An additional $416,862 was allocated to the Fire Department by the Virginia Department of Fire Programs since that time, bringing the total FY 2026-27 grant award to $2,774,352. ■ Considerations: Until this funding is appropriated, it cannot be used by the Fire Department to support the Department's operational needs. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:pft 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF FIRE PROGRAMS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT- 6 7 1) $416,862 in additional Aid to Localities Grant funding is hereby accepted from 8 the Virginia Department of Fire Programs and appropriated, with revenue from 9 the Commonwealth increased accordingly, to the FY 2026-27 Operating 10 Budget of the Virginia Beach Fire Department for training, construction of 11 training centers, firefighting equipment, and protective clothing. 12 13 2) The City does not guarantee the replacement of equipment purchased with 14 grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services y Attorney's Office CA17319 R-1 October 6, 2026 o •,,,s'tytp iu' €Si �VYr` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding to the Department of Housing and Neighborhood Preservation and to Amend Various Grant Awards MEETING DATE: October 20, 2026 ■ Background: The Department of Housing and Neighborhood Preservation submitted their budget for FY 2026-27 based on estimated federal award funding. Since the finalization of the City's budget, actual allocations have been determined. As such, the Department is requesting to amend the FY 2026-27 Operating Budget as follows: • Continuum of Care Grant funds — Increase federal funds by $24,399 to align with actual funds awarded. • Emergency Shelter Grant funds— Increase federal funds by$20 to align with actual funds awarded. • Community Development Block Grant (CDBG) funds — Increase federal funds by $1 to align with actual funds awarded. • HOME Program Grant funds — Increase estimated program revenue by $8,974.66 to align with actual program income received. In addition to these annual grants, the Virginia Department of Housing and Community Development (DHCD) has awarded $25,000 to the Department through the Virginia Homeless Solutions Program for FY 2026-27. Funding will be used in accordance with the grant agreement to support eligible activities such as: • The development and management of homeless crisis response systems; • Grant administration and reporting of DHCD-administered programs; and • Staff training and operations. ■ Considerations: The adjustments are needed to be able to fully utilize the funding from the Federal Government. ■ Public Information: Normal City Council agenda process ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing & Neighborhood Preservation City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING TO THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION AND TO AMEND 4 VARIOUS GRANT AWARDS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $25,000 is hereby accepted from the Virginia Department of Housing and 10 Community Development and appropriated, with revenue increased 11 accordingly, to the FY 2026-27 Operating Budget of the Department of Housing 12 and Neighborhood Preservation to support Virginia Homeless Solutions 13 Programs. 14 15 2) $33,394.66 is hereby accepted from the United States Department of Housing 16 and Urban Development and appropriated, with revenue increased 17 accordingly, to the FY 2026-27 Operating Budget of the Department of Housing 18 and Neighborhood Preservation in the following amounts, and for the following 19 purposes: 20 21 a. $24,399 to support the Continuum of Care Grant programs. 22 b. $20 to support the Emergency Shelter Grant programs. 23 c. $1 to support the Community Development Block Grant programs. 24 d. $8,974.66 to support the HOME Grant programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Att e s Office CA17321 R-1 October 6, 2026 L. PLANNING 1. JAMES M. MASTERS & MARY L. OSTERHOUS for a VARIANCE to Section 4.4(b)&(d) of the Subdivision Regulations re create two (2) parcels that are deficient in lot width & direct access to a public street for the property directly North of 1940 Gum Bridge Road and two (2) parcels West of 3953 Dawley Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. JAMES P. BAKER & PATRICIA O. BAKER, TRUSTEES OF THE JAMES P. BAKER & PATRICIA O. BAKER REVOCABLE LIVING TRUST for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 613 South Atlantic Avenue in Croatan DISTRICT 5 RECOMMENDATION: APPROVAL 3. JEFFREY FOSTER & ANGELA FOSTER for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 512 Vanderbilt Avenue in Croatan DISTRICT 5 RECOMMENDATION: APPROVAL 4. GEORGE PITSILIDES/ TRUSTEE OF THE PITSILDES LAND TRUST for a Street Closure re approximately 2,679 square feet of an unimproved portion of Fountain Drive adjacent to 1945 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 5. PRIME STORAGE BELLS RIDGE, LLC for a Modification of Proffers to a Conditional Change of Zoning and a Conditional Use Permit re bulk storage yard at 1050 Bells Road DISTRICT 6 APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION — DENIAL 6. 449 LONDON LLC for a Conditional Change of Zoning from R-10 Residential District to Conditional 1-1 Light Industrial District re develop site with a storage yard for contractors vehicles, equipment & materials and a Conditional Use Permit re bulk yard at 2548 Potters Road DISTRICT 3 (Deferred from September 15, 2026) RECOMMENDATION: APPROVAL 7. BONNEY RD APARTMENTS LLC for a Conditional Change of Zoning from 1-1 Light Industrial District to Conditional A-24 Apartment District re develop a 209-unit multi-family community at 4576 Bonney Road DISTRICT 4 RECOMMENDATION: APPROVAL 8. BEACH VIBE STAYS LLC/ LEGACY BUSINESS CENTRE LLC for a Conditional Use Permit re short term rental at 1909 Cypress Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 9. WAVE INVESTMENT GROUP, LLC for a Conditional Use Permit re short term rental at 414 19th Street, Unit 104 DISTRICT 6 (Deferred from September 15, 2026) RECOMMENDATION: APPROVAL r4f L� 2) &' NOTICE OF PUBLIC HEARING A Public Nearing of the Virginia Beach City Council will be held on Tuesday,October 20,2026 at C-00 p.m.In the Council Chamber at City Hall,Building 1,24 Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public wit be able to observe the City Council meeting through Iivesueaming on httpsV/vitg4mabeach.gcw, broadcast on VBTV, and via 1YebFx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via vlebEx by Completing the two step process below.All interested parties are invited to observe. If you wish to snake conrnents virtually during the public hearing, {lease foflc av the two-step process provided below: 1. Register with the City Clerk's Off"by Galling 757-385-4303 prior to 5,00 p,m.on October 20,202& 2, Download Web&aril view the meeting at: 2ZT�s.�'.}_Y�f,`rJY'Leb[tx.'{�sfaez+Y rrr�7r2,£i��ras't�'2x'�b i°.+tx ��x$3�,.tt5f,7+;."ar.612P The following requests are scheduled to be heard: James At Masters & Mary L Ostencous (Applicants & Owners) Subdivision Variance (Section 4A(bgd) of lire Subdivision Regulations)Address:Parcel directly north of 1940 Gum Bridge Road & two parcels west of 3953 Oawley Roars GPINs: 2411275330,2411276592,2411260710 City Couricit District 2 (Henley) Jeffrey&Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust (AWacants & t)&gners) Street Closure Adjacent Addresses: 512 Vanderbilt Avenue & 613 S Atbaniie Avenue Adjacent GPINs:2426394620,2426395633 City C ounclt: District 5 6Wsota) Pitsilides Lao{Trust(Applicant&Owner)Street Closure Adjacent Addresses: 1945 Laskin Road Adjacent GPIN:2407473331 City Councbk District 6(Remick) Prime Storage Sells Ridge,LLC(Applicant&Omer)Modification of Proffers&Corkiitional Use Permit(Bulk Storage Yard)Address: 1050 Setts Road GPIN: 2416581162 City Council District 6 (RemW 449 London LLC(Applicant&Owner)Conditional Rezoning(R-10 Residential OisIrct to Conditional 1-1 Light industrial District)& Condiltorial Use Permit(Bulk Storage Yard)Address:2548 Potters Road GPIN:1497 733185 CityCouncit District 3(Berkicehl) Bonney Rd Apartinenis LLC Property{honer:OB 22 LLC Co ndd ional Rezoning 04 Light Industrial District to Conditional A-24 Apartment District) Address: 4576 Bonney Road GPIN: 1477524516 City Council:District 4(Ress-Hammond) Beach Valk'.Stays LLC Property Owner.Legacy Business Centre LLC Conditional Use Permits (short Term Rental) Addresses: 1909 Cypress Avenue GPIN:241797O 2CityCouncrl:District6(Remck) Wave Investment Group,LLC(Applicant&Owner)Conditional Use Permit(Short Term Rental)Address:414 19tb Street,Unit 104 GPIN:2427075404 CityCounc41:D:sirict 6(Remick) Copies of the proposed plans,ordirwrces,amendments and/or resollaWs are on file and may be examined Icy appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center, Building 3, Virginia Beacb, VA 23456 or oibne at bltps;//virgr0abCachgov/p,ac.For infoanvation call 757-38,E-0621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-3854303,If you are heating impaired,you Can contact Virgini9 Relay at 711 for TDD service. The meeting will be broadcast or, cable TV, https:J/virgin abeach.gov and Facetmck L+ve. Please check our websile at hIIpW/derkvirginiabeach.gov/oty- council for the roost updated meeting information- Ali interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-OCTOBER 6,2026&OCTOBER 13,2026-1 TIME EACH AG1 AG 1 oar AG2 AG 1 A.G2 AG2 AG2 AG2 AGI AG2 �eRio. GF�o p site James M Masters & Mary L Osterhous N p zoning Parcel directly north of 1940 Gum Bridge Road w&'1 0 Property Polygons & two parcels west of 3953 Dawley Road Feet 0 112.5 225 450 675 900 Map created by Planning Department on 9/8/2026 N� esj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMES M MASTERS & MARY L OSTERHOUS [Applicants & Property Owners] Subdivision Variance (Section 4.4(b)(d) of the Subdivision Regulations) for the property located directly north of 1940 Gum Bridge Road & two parcels west of 3953 Dawley Road (GPINs 2411275330, 2411276592, & 2411260710). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 20, 2026 ■ Background: The applicant is requesting a Subdivision Variance to Section 4.4(b) & (d) of the Subdivision Regulations to create two parcels that are deficient in lot width, street line frontage, and lack direct access to a public street. The subject properties are zoned AG-1 and AG-2 Agricultural Districts and are depicted on plats recorded in Map Book 85, Page 23, and Map Book 101, Page 43. However, the properties were improperly subdivided by deed, as the referenced plats were not approved by the Princess Anne County Planning Director prior to recordation, as required at the time. For residential development, the AG-1 and AG-2 Agricultural Districts require a minimum lot area of one acre, a minimum lot width of 150 feet, measured at the 50-foot front yard setback, and a minimum street line frontage of 120 feet. In addition, residential development is limited to a maximum density of one dwelling unit per 15 acres of Class 1 and Class 2 soils. Both proposed lots will satisfy the minimum lot area requirement; however, neither lot will meet the minimum lot width or street line frontage requirement or have direct access to a public street. Proposed Lot X-1 will obtain access through an existing 18-foot-wide private ingress/egress easement, while proposed Lot A-1 will obtain access through an existing 20-foot-wide ingress/egress easement. ■ Considerations: The proposed resubdivision will correct an apparent historical subdivision issue by vacating the existing interior lot lines and creating two new lots, identified as Lots X-1 and A-1. The proposal is also generally consistent with the recommendations of the imagineVB 2040 Comprehensive Plan, which emphasizes preserving the rural and agricultural character of the Rural Context Area while limiting development intensity. The proposed subdivision does not extend urban services into the Rural Area, does not increase the intensity of development beyond what is contemplated by the Comprehensive Plan, and maintains the low-density James M Masters & Mary L Osterhous Page 2 of 3 residential development pattern encouraged within the Agriculture Non-Place Type. Strict application of the Subdivision Regulations would create an undue hardship because of the existing configuration of the property and the historical lot arrangements that have existed for decades. The hardship is not self-created, but rather results from the physical characteristics and unique circumstances associated with the existing parcels, including their dimensions, configuration, and prior conveyances. The proposed subdivision exhibit has been reviewed by the Fire Marshal's Office, which stated that fire access shall be provided in accordance with all applicable Fire Code requirements. Condition 6 has been recommended to require fire apparatus access 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. Planning Commission recommended the removal of Condition 5, which required a new ingress/egress easement with a shared maintenance agreement to be recorded. It was determined that the existing ingress/egress easements provided sufficient legal access to the proposed parcels and that the maintenance of said easements would be the responsibility of the owner(s) of the proposed parcels. Staff received 1 letter and 2 affidavits of opposition. There were 2 speakers in opposition at the Planning Commission hearing who cited concerns with the proposed access, access by the fire department, safety, and tree removal. 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 0 with 1 abstention. 1. The lots shall be developed in substantial conformance with the conceptual subdivision plan entitled "Subdivision Exhibit of 18' Strip Parcel `X' & 9.76 Acre Parcel" dated June 27, 2026, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall be subject to the review and approval of the Planning Director. James M Masters & Mary L Osterhous Page 3 of 3 3. Approval from the Virginia Beach Department of Public Health shall be required for development on each lot. 4. A final subdivision plat shall be submitted to the Department of Planning/Development Services Center for review, approval and recordation for the lots being created. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 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. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Affidavit of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department f City Manager: Agenda Item I CouncilApplicant & Property Owner:James M Masters & Mary L Osterhous Planning Commission Public Hearing: September 9, 2026 V_B, City Project Details Request Subdivision Variance (Section 4.4(b)(d) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Marchelle Coleman Location l 7` �� -� F l Parcel directly north of 1940 Gum Bridge Road & two parcels west of 3953 Dawley Road / ,� , l �`�° i �tao GP/Ns 2411275330, 2411276592, & 2411260710 � � Site Size 13.212 acres A/CUZ Less than 65 dB DNL Watershed Southern Rivers �� Existing Land Use and Zoning District Cultivated fields/AG-1 Agricultural, AG-2 Agricultural Surrounding Land Uses and Zoning Districts 71 North a rT Single-family dwellings/AG-1 Agricultural, AG-2 Agricultural South , cud Single-family dwellings/AG-2 Agricultural �` R�OoF. East J Single-family dwellings/AG-1 Agricultural, AG-2 �` Agricultural West Single-family dwellings/AG-2 Agricultural James M Masters & Mary L Osterhous Agenda Item 1 page 1 of 13 Background Summaryof Proposal • The applicant is requesting a Subdivision Variance to Section 4.4(b) and (d) of the Subdivision Regulations to create two parcels that are deficient in lot width, street line frontage, and lack direct access to a public street. • The subject properties are zoned AG-1 and AG-2 Agricultural Districts and are depicted on plats recorded in Map Book 85, Page 23, and Map Book 101, Page 43. However, the properties were improperly subdivided by deed, as the referenced plats were not approved by the Princess Anne County Planning Director prior to recordation, as required at the time. The applicant seeks approval to legally create the proposed lots for future sale. • The applicant proposes to resubdivide Parcels X, A, and B by vacating the existing interior lot lines to create two lots, identified as Lot X-1 and Lot A-1. • For residential development, the AG-1 and AG-2 Agricultural Districts require a minimum lot area of one acre and a minimum lot width of 150 feet, measured at the 50-foot front yard setback. In addition, residential development is limited to a maximum density of one dwelling unit per 15 acres of Class 1 and Class 2 soils. Any proposed lots must comply with all applicable standards of the Zoning Ordinance. • The 1974 survey plat recorded in Map Book 101, Page 43, appears to have been prepared in connection with the exchange or conveyance of property between the subject property owners and adjacent property owners. Specifically, the plat indicates that Parcel B was to be conveyed to Parcel A. • Although both proposed lots will satisfy the minimum lot area requirement, neither lot will meet the minimum lot width requirement or have direct access to a public street. Therefore, approval of a Subdivision Variance is required to allow the proposed resubdivision and creation of Lots X-1 and A-1. Proposed Lot X-1 will obtain access through an existing 18-foot private ingress/egress easement recorded in Deed Book 1881, Page 748, while proposed Lot A-1 will obtain access through an existing 20-foot ingress/egress easement recorded under Instrument No. 202403035765. • The proposed lots will also be required to comply with all other applicable requirements of the Zoning Ordinance and Subdivision Regulations. Required Required Required Proposed Minim m Proposed Minimum Proposed Minimum Street • • . • • Lot Area (acres) (acres) (feet) (feet) Frontage Frontage Lot X-1 1 8.855 150 0* 120 0* Lot A-1 1 4.357 150 0* 120 0* *indicates a substandard value that requires a Variance James M Masters & Mary L Osterhous Agenda Item 1 page 2of13 Zoning • # Request AG1 G —ff, 1 SVR Approved 04/15/2025 AG2 2 SVR Approved 02/04/2025 3 SVR Approved 10/15/2024 g AG1 Z 4 SVR Approved 02/20/20242 5 SVR Approved 01/15/2019 6 CUP (Riding Academy and Horse Boarding " A 1 Facility) Approved 07/01/2008 CUP (Horse Riding Academy) Approved AG2 04/22/2008 AG2 9 AG1 CUP (Riding Academy) Approved 1/2 � � �,; 08/09/2005 8 MDC Approved 01/23/1996 ' CUP (Boarding Horses) Approved A11 / 10/24/1995 Fq CUP (Alternative Residential Development) Approved 11/10/1992 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR:Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation - • - • • Section 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. James M Masters & Mary L Osterhous Agenda Item 1 page 3 of 13 E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request for a Subdivision Variance to allow deficiencies in lot width and access to a public street is, in Staff's opinion, acceptable.The proposed resubdivision will correct an apparent historical subdivision issue by vacating the existing interior lot lines and creating two new lots, identified as Lots X-1 and A-1.Although the subject properties appear on plats recorded in Map Book 85, Page 23, and Map Book 101, Page 43, the properties appear to have been improperly subdivided by deed because the plats were not approved by the Princess Anne County Planning Director as required at the time. The proposal is also generally consistent with the recommendations of the imagineVB 2040 Comprehensive Plan, which emphasizes preserving the rural and agricultural character of the Rural Context Area while limiting development intensity. The proposed subdivision does not extend urban services into the Rural Area, does not increase the intensity of development beyond what is contemplated by the Comprehensive Plan, and maintains the low-density residential development pattern encouraged within the Agriculture Non-Place Type. Staff finds that the requested variance satisfies the criteria established in Section 9.3 of the Subdivision Regulations. Strict application of the Subdivision Regulations would create an undue hardship because of the existing configuration of the property and the historical lot arrangements that have existed for decades. The hardship is not self-created, but rather results from the physical characteristics and unique circumstances associated with the existing parcels, including their dimensions, configuration, and prior conveyances. In addition, Staff does not believe that approval of the variance will be detrimental to adjacent properties or adversely affect the character of the surrounding area. Although the proposed lots do not meet the minimum lot width requirement and do not have direct access to a public street, both lots will exceed the minimum one- acre lot area requirement and will obtain legal access through existing private ingress/egress easements. Furthermore, each proposed lot is intended to be sold with the intention to accommodate only one single- family dwelling, and all future development will be required to comply with all applicable provisions of the Zoning Ordinance and Subdivision Regulations. The proposed subdivision exhibit has been reviewed by the Fire Marshal's Office stating 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. The Virginia Department of Public Health reviewed the application and indicated that Lots X-1 and A-1 are not residential building sites until approval for the installation of onsite sewage disposal systems and private wells has been granted by the Virginia Beach Department of Public Health. Based on the above considerations, Staff is recommending approval of the variance request subject to the conditions provided below. James M Masters & Mary L Osterhous Agenda Item 1 page 4 of 13 Recommended Conditions 1. The lots shall be developed in substantial conformance with the conceptual subdivision plan entitled "Subdivision Exhibit of 18' Strip Parcel 'X' &9.76 Acre Parcel" dated June 27, 2026, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot.The architectural design of any new dwelling shall be subject to the review and approval of the Planning Director. 3. Approval from the Virginia Beach Department of Public Health shall be required for development on each lot. 4. A final subdivision plat shall be submitted to the Department of Planning/Development Services Center for review, approval and recordation for the lots being created.The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 5. A new ingress/egress easement with shared maintenance agreement must be recorded with the final subdivision plat. 6. 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. 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. James M Masters & Mary L Osterhous Agenda Item 1 page 5 of 13 Comprehensive • • Under the imagineVB 2040 Comprehensive Plan, the subject property is located within the Rural Context Area and the Agriculture Non-Place Type.The Comprehensive Plan calls for maintaining the rural and agricultural character of this area and limiting urban development. Specifically, the Plan states that the City should "continue the policy of not extending urban services south of the Rural Area Boundary(Blue Line)" (p. 30, imagineVB 2040 Comprehensive Plan).The Rural Context Area is intended to continue supporting rural and agricultural lands and providing essential conservation functions, with agriculture identified as an important component of the City's economy and the preservation of its rural character (p. 32, imagineVB 2040 Comprehensive Plan). The Plan further recommends following existing agricultural zoning requirements that limit development intensities and uses, limiting significant development activity outside of Rural Villages— particularly non-agricultural development—and ensuring that existing agricultural zoning districts function as intended without inhibiting desirable primary or secondary agricultural activities (p. 144, imagineVB 2040 Comprehensive Plan). In addition, the Plan calls for not extending water, sewer, or other utilities into the Rural Area and limiting infrastructure investments to those that directly support roadway safety, stormwater management, and flood mitigation (p. 144, imagineVB 2040 Comprehensive Plan). With regard to rural residential development, the Plan identifies a maximum density of one dwelling unit per ten acres within areas of lesser-quality soils identified as Soil Area #2 (p. 267, imagineVB 2040 Comprehensive Plan). Overall, the Comprehensive Plan emphasizes the preservation of agricultural uses, rural character, and low-intensity development within the Rural Context Area. 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. Impacts/TransportationTraffic Traft Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-10 ADT Dawley Road No Data Available No Data Available Proposed Land Use 3—20 ADT 1 Average Daily Trips 2As defined by vacant 'As defined by a two 4LOS = Level of parcels single-family dwelling Service Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Dawley Road is considered a two-lane rural roadway. There are no CIP projects slated for this roadway. James M Masters & Mary L Osterhous Agenda Item 1 page 6 of 13 Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water City water is not available for connection.The proposed lots will be required to obtain approval from the Department of Public Health for well water. Sewer City sanitary sewer is not available for connection.The proposed lots will be required to obtain approval from the Department of Public Health for on-site septic systems. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) were 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, October 6, 2026 and October 13, 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 October 5, 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 16, 2026. James M Masters & Mary L Osterhous Agenda Item 1 page 7 of 13 Proposed Subdivision Exhibit ^ EF v! T a��yfb8 r�x.+rs.roan.inr3.aon:w•.wn a'ciYo.o:«�"�. �,n.�. � ��& � �� ry� o Y ( � �CC ,.�.a. ... ....o�vevau►. .Bowe °. S 8 X `(� �s�ara au�r.c.•.x.'ooYva anus Ar � 3 af° �Y s � g r t s ao ues�xa ao�nwana °.,_,. §r e s e ;! W w'�i �• _ ___- ss a IL dig Yi < r Y F � F�n V r_N 1 ed�c IR— IL :� ; E.° a St Am 11 rr1� j - I p+ I k 99 R James M Masters& Mary L Osterhous Agenda Item 1 page 8 of 13 Site • • P� w s3 m. M+ Y f � fd # A. A � .a i k b James M Masters & Mary L Osterhous Agenda Item 1 page 9 of 13 Site Photos } `4 Sk X Awl _q +g ' x . Disclosure The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. APPLICANT INFORMATION Applicant Name: as listed on application James M Masters&Mary L Osterhous Is Applicant also the Owner of the subject property? YesO No0 If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(�)Noo if yes,name Representative: Bryan S. Peeples Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNoe 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.) Does the subject property have a proposed or pending purchaser? YesU No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 '� Disclosure Statement I rev. May-2024 page 1 of 3 James M Masters & Mary L Osterhous Agenda Item 1 page 11 of 13 Disclosure Statement SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 G) Legal Services 0 Q Bryan S. Peeples, Pender Coward APPLICANT CERTIFICATION READ:I certify that aii 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;(9 ee in connection with this application. James M Masters/Mary L Osterhous /21/2026 Applicant Name(Print) Applicalat Date 1 "Parent-subsidiary relationship"means "a relationship texists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. z'Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 10/7/2026 Marchelle L. Coleman 10/7/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 James M Masters& Mary L Osterhous Agenda Item 1 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. James M Masters& Mary LOsterhous Agenda Item 1 page 13 of 13 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #1 James M. Masters and Mary L. Osterhous Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our first item is Item 1: James M. Masters and Mary L. Osterhous. Mr. Peeples: Okay. Good afternoon,Mr. Commissioner, and members of the Commission. My name is Brian Peeples. I'm an attorney representing the applicants, Jim Masters and Mary Osterhous. They're a married couple that own these parcels together,jointly. I did send in a letter yesterday in response to some of the objections that we've received from neighbors, and also objecting to recommended condition number five. And I know that you received that because I did listen in on the informal conference and heard you discussing it. But I just want to make sure that letter is part of the record. I want to thank the staff for all the really hard and great work that they've done on this application. And I want to be clear that this is an administrative issue. That's intended to correct an error caused by a prior owner, several owners ago, in that the lots were sold via deed as separate lots, but there was not a correct subdivision approved by the city,and we're here to correct that. It's important to understand that we're not asking for any kind of exceptions or variances to build more houses or anything of that nature. We understand that if this is granted, if these variances are granted, it's still one house per lot because it's an agricultural zoning district. We're not trying to subdivide the lots. We're not trying to have it rezoned. We're just trying to correct that administrative oversight. Because my clients are thinking about selling these lots, and they want to make sure that when they do so, they're conveying buildable lots to their buyers,so that this issue won't carry forward. There's two aspects to our application. The first is pertaining to the parcel to the north, which I've referred to in my letters, the 4.51 acre parcel. That's because if currently there, there are two little parcels there. There's a big parcel and there's a small,rectangular one. Appears to be part of 3553 Dawley Road. We're asking to vacate that little rectangle that looks like it's part of 35. I'm sorry, 3953 Dawley Road, and combine it into one 4.51 acre lot. They're also seeking to increase the existing 20 foot wide easement that goes from Dawley Road along the northern boundary of Lot Al to make it 30 feet wide instead of 20 feet wide. Important to understand that our clients,the applicants, own all these parcels. They own again the little rectangle that we're seeking to vacate and make part of the bigger parcel, and they also own the parcel to the west, which is Steadfast Aquarian Equestrians,usually,which is the access to which they're seeking to increase the width from 20 to 30 feet. As far as we know,there's no opposition to this. So, if there's no questions about that,I'm going to move forward to what I've called the 9.76 acre parcel, and again, the 9.76 acres is the aggregate size. If you approve what we're requesting to do. So this is a pretty large farmland agricultural lot that's called X 1,and there's an access way to X 1 from Gum Bridge Road. The access way runs between two existing homes. And our clients own the northern part of that access way, which currently is a separate parcel, Parcel X. Elizabeth Ward, who we understand is going to speak here today, or have someone speak on her behalf,owns the southern part of that strip. But our clients own an 18 foot wide easement across the southern part of that strip. I heard in the informal meeting today that there was some confusion about the ownership of these parcels. At some point, it was referred to as owned by multiple owners or jointly owned. So I want to be clear: that's not accurate. My clients, the applicants, own Parcel Xl, which is the big one. They own Parcel X,which is the northern half of that access strip, and they own an easement across the parcel that Ms. Ward owns. Ms. Ward owns the southern half of that access strip. Now we've seen a lot of correspondence between Ms. Ward and the city staff over the last few weeks, and there's been some claims made. For example, Ms. Ward has claimed that this lot has been stolen from her. She's also claimed at various times that there is no easement across the southern part of the strip that she owns, and that is not accurate. We've conducted a thorough title search. The ingress egress easement across Ms. Ward's property legally exists. It has existed for years, and we've put the chain of title in our letter. If Ms. Ward does want to dispute that,you know,to claim that some land has been stolen from her, or that an access easement doesn't exist, the proper venue for that, with respect, isn't here, but it's through the court. We also understand that the owners of the two houses that are on either side of that access easement, the one that Ms. Ward owns, might be here in objection. And one of the objections that we've seen is quite interesting. The Harcourts,who own 1944 Gum Bridge Road have said you shouldn't approve this subdivision because they,the Harcourts,have placed a shed on our client's property and some electrical wiring to that shed and a fence on Parcel X,which again is owned in fee simple by our clients, and that's wrong for so many reasons. First, the shed has been put on our client's property without their permission, so it's trespass and it shouldn't be there, and we will be addressing that via separate venue, via the circuit court, if we have to. Secondly, the Virginia Beach Zoning Office has confirmed that the shed needs a 20-foot setback. So not only does it need to be moved off of Parcel X, it needs to be moved 20 feet off of Parcel X. They've also said the Harcourts have that part of their septic system is located on Parcel X or in the easement. We've confirmed with the Virginia Department of Health that there are no septic lines or any part of the septic system that has been permitted to be on the easement or on our client's land. So if they're there,they are in violation of the permit that they've been issued by the Virginia Department of Health. We've also spoken to Marty Rollins,who is the person who installed the septic system, and he's confirmed that no part of it is on the Harcourts. I'm sorry, on our client's property. And again,those are civil matters,which are not in the Planning Commissions purview. The Harcourts also sent in a letter claiming that the 18-foot-wide ingress egress easement on which our clients own across Ms.Ward's property,not the Harcourts'properly,but Ms.Ward's property is a violation of the fire code,and that's untrue. I addressed this in the letter that I sent. This is farmland,because it's exempted from the fire code. The applicants, I'm sorry, the objectors, the Harcourts cited part of the Virginia Administrative Code, which is 13 VAC 552 170 B3, to say that the access needs to be 20 feet wide. That's not accurate. In fact, what that administrative code does is allow it to be 18 feet wide, as long as a home that's built there has a sprinkler system. There is no house there; it doesn't apply. But if in the future someone wants to build a house, all they have to do is build a house with a sprinkler system, and you don't have to take my word for this, because, as the staff report confirms,the fire marshal has seen this application and the fire marshal has no objection to it. We also received from affidavits some affidavits from Christopher Cardone and Elizabeth Ward,who say that there are trees growing along the easement, or maybe in the easement, and they don't want those trees to be cut. First, let me just say that the applicants don't have any plans to cut those trees, because, in their opinion,those trees do not block the easement. But if the trees do block the easement,then that is illegal. Virginia Code 55.1305, says the owner of the Servient estate,which would be Ms. Ward, in this case, doesn't have the right to block an easement. I'm paraphrasing. Doesn't have the right to block an easement. And also under Virginia law, and this is very well settled case law, the owner of an easement, which in this case again is the applicants, have the duty and have the responsibility and the authority to maintain the easement. I cited a bunch of cases for that proposition in my letter, and I won't read those names again. But again,that's a matter for the civil courts,and not for,not for the Planning commission. So,we appreciate the recommendation from the staff to approve this, and we agree with all of the recommended conditions, except for one. I addressed this in my letter as well. We ask that you delete condition number five. Condition number five says a new ingress egress easement with shared maintenance agreement must be recorded with the final subdivision plat. We think it's unfair to condition approval of this application on the actions of a third party. Because what you're requesting, there, what you're requiring, if you approve this, is that the owner of that Ms. Ward essentially grant another easement and enter into a maintenance agreement for that access way. There's already an easement across Ms. Ward's property. It's recorded in the chain of title. I don't think it's seriously disputed. And again,I put the whole chain of title in my letter. As far as the maintenance agreement,it's not necessary. Because, again, the owner of the easement, which is my clients or whoever they sell their property to,they have the authority and they have the responsibility to maintain that easement, and they're willing to do so. Given the nature of the claims that have been called into the city staff over the last few weeks, and the letters that we've seen, we don't think it's realistic to expect that Ms. Ward is going to enter into a maintenance agreement or grant another easement. That, again, we believe, is not required because it's already recorded in the land records. And so we ask that you forward this application to the City Council with a recommendation to approve, but with condition five deleted. Thank you. Mr. Coston: Thank you,Madam Clerk. Do we have speakers? Clerk: Yes, we have two speakers. Our first speaker is Jack Harcourt, followed by Benjamin Tatum III. Ms. Byler: Chair Coston, on reasons indicated in a letter I submitted to the Assistant City Attorney, I will not be commenting or voting on this matter. Mr. Coston: Thank you. Please state your name, sir, for the record. Mr. Harcourt: Jack Harcourt, and I'm here with my wife, Kathy Harcourt, and we're also representing Mary. I can't even speak. Chris Cardone and Elizabeth Ward. That was a mouthful. Good job, though. A couple questions. Anyway, I own the property adjoining this application, and we are opposed. The requested variances of Section 4.4(b) and (d) of the Subdivision Regulations for Mary Osterhous and James Masters. I'm also speaking in behalf of Mr. Cardone and Ms. Ward, who also adjourn property and share this. Their positions have been provided to you in affidavits and already submitted for record. Our first objection is an access to this proposed property X1 Parcel X,an 18-foot created right away, in 1971,the Tatum family were creating and plotting land off of Gum Bridge Road, hundreds of acres. At that time,they created an 18-foot easement so he could run his tractor across as needed back to the agricultural land, which it was at that time. And it was deeded at that time as an ingress and egress for that, for the tractor stuff. Our home was originally placed next this ingress and egress in 1971. Before all the codes and things occurred in Virginia Beach about 1973, our home was. The scope of the easement reflects occasional seasonal farm traffic, not permitted, not the permanent burden of a single family resident, daily vehicle trips,construction traffic, and reliance on the access of emergency responders. Converting this property, converting this parcel X to residential use via access of Parcel X, substantially and unreasonably increases the burden of the right-of-way next to our home that has never been designed for. Second, the applicant's parcel has been actively farmed for over 50 years. Parcel X has not been used at all for access in over 30 years, when the Tatum family, before he passed. Another access can be used to Parcel X via Dawley Road,with a joint access through the other property that they have. I believe it's listed as Al. They can create another shared driveway through their own property that they own at this time,with access to Dawley Road. We feel that Parcel X cannot be brought into compliance without infringing on the rights of Cardona Ward. As mentioned before, fourteen large pine trees straddle the boundary line between Cardone and Ward properties along Parcel X. Under common law doctrine,these boundary trees,jointly owned,have been confirmed in affidavit, and they do not grant permission to remove the trees. It was mentioned that, in some particular form, that these trees were blocking the egress. When Mr. Tatum created Parcel X, he planted those trees back in the seventies. Around 71, he put them on the border. That's what he did. That was his land,and he created it. They have grown. It will not meet the 18-foot standard in Virginia Beach fire code. They would have to be removed, which they are not giving permission for them to remove. So,I see it's an argument there. But the original owner and creator put those trees there. In addition, there's drainage from this property that drains through my property. Residential land and properties cannot drain onto another property,and it's right next to my land,and that needs to be resolved. Also,there's mentions about sheds being placed in their property. They are absolutely right. When we moved there, we did not know that was our property line. That was a mistake on our part. We've been notified,and we do intend to move them. And that—that is our plan, and we're working on that as we speak. And as far as the sewage and septic, some communication error has occurred. I have the drawings. There are two septic lines on the access in the back part, owned by Osterhous and Masters, and is on there. There are two lines. I didn't do it. Marty Built did it,but he did it with the plans of the company that does the drawings. Now I've already researched, and I'll find a way to remove those two and cut those off and meet the codes for the state and health department. So, once again, we oppose approval, especially Parcel X1, unless they use access and create their own access with their own land off of Dahlia Road. Thank you. Mr.Plumlee: Mr. Chair. Mr. Coston: Excuse me, sir. Could you come back to some questions from the commissioners? Mr. Plumlee: Mr. Harcourt, it may be in the materials that we have that I've not printed out for this hearing, and I'm just going to ask you to inform me with regards to the easement. Are you aware of any language that limited its scope to farm tractor use? Mr. Harcourt: It did not. It did not. Mr. Plumlee: It just simply says, ingress,egress. Is that fair? Mr. Harcourt: In 1971, when it was agriculture and everything was agriculture at that time, I guess they didn't think of terminology. As far as the future and the assumption with the family, and speaking to the Tatum family and their ancestors, that that was used as a for a track for his tractor to go back there from time to time, and then he used Dawley Road and then further down the road to go to the land he farmed back there,which he stopped farming in around '91. Mr.Plumlee: I appreciate your answer. I appreciate you coming in and explaining your position to us today. Thank you. Mr. Harcourt: Thank you. Your call, Mr. Cromwell. Mr. Cromwell: But you, you do say that there, that there is an 18-foot easement there that was established in 1970, 18-foot, with trees down it, which is about seventeen to seventeen and a half foot width. But the It was established in nineteen seventy, and it simply says ingress and egress. Mr. Harcourt: Yes, it did. Yes, sir. Mr. Coston: Thank you. Any more questions? Thank you, sir. You may be seated. Clerk: Our final speaker is Benjamin Tatum III. Mr. Tatum: Hey, I'm Bill. Mr. Coston: All right,please state your name for the record. Mr.Tatum: Benjamin Tatum III. The piece of property that we're discussing today was the house I grew up in. As far as the right-of-way egress,it never was used as farm entrance way. It was an area for my mother to park her school bus. She drove for the city of Virginia Beach for forty- seven years. It was a place for her to park her school bus. About the same time that piece of land was granted, my father also purchased a little bit more land behind it that the egress did not cross. Originally on the farm, my grandfather's house sat next door. You went in the driveway, you turned right,and you went back to the horse barn and the hay barn. You crossed over a canal ditch. The canal ditch was the end of the resident houses' property lines. The only access ever used to that piece of property out back was across my granddad's driveway, back to a piece of property where my mother's house sits at this time. And in the '70s, all of that was woods. I was with my grandfather, my dad. We cut all the trees down. We stumped it. We turned it into field. And it's never been used as a road, access to the back field. It was just a place for my mother to park her school bus. You had to cross my granddad's property to get to the field to do what you needed to do. The piece on Dawley Road at that time was the Malbin's Hog Farm. Occasionally, we would use that piece if it was really wet,muddy, rainy, or something. But over here,where the people on Gum Bridge bought my old family home, it's never used to access the field. It was just a place for my mother to park her bus. That's about all I have to say about it. Mr. Coston: Any questions for the speaker? Commissioner Plumlee? Mr. Plumlee: Sir,tell me—I Ms. ed what you said. What parcel did you own, or you currently own? Mr. Tatum: My parents owned the piece. That was the house I grew up in. Is where this gentleman owns, and I don't know him from Adam. The house has been sold several times, and as far as my parents were concerned,when they sold it, it was just sold as a lot for the house. Mr. Plumlee: Okay. Mr. Tatum: And it was no egress across it. If it was, it was an egress for my mother to park her bus, and, like I said. They have filled in a ditch behind that house, and there had been more land added to it. So there is a blank piece of property behind it,that has no egress to it. Mr. Plumlee: But your interest is no longer in that parcel. Is that fair? Mr. Tatum: No, we're not. We're on the piece to the right behind Ms. Ward's house. Mr.Plumlee: Okay,thank you. Mr. Tatum: Which is the old farm path that went to the field. Mr. Plumlee: I see. Thank you. Mr. Coston: Okay. We ready for discussion, or anybody want to make a motion? Oh, rebuttal. That's right. Mr. Peeples: Thank you. Appreciate it. I just have a quick rebuttal. First, for the comments made by Mr. Harcourt, I just want to reiterate what he said,which is he does not actually own the parcel, the southern part of the access way. He's speaking to some, in some regard, I guess, on behalf of Ms. Ward, who does own the easement. I don't believe he has standing to do that, to speak for another person. Furthermore. The venue, if he wants to challenge the easement, or if anyone wants to challenge the easement again, isn't here in the planning commission ion, But it's in the circuit court. Mr.Plumlee asked a question that I was going to hit before, so I'll reiterate it again. Although people might testify as to how they think the easement should be used and how it's been used,whether it's to park a school bus or for tractors,that is not what is in the deeds. Okay,the deeds have an 18-foot ingress egress easement to this parcel,and it's not limited to farm use or anything like that. And again, if they want to challenge overburdening of easement,this is not the venue for that. The suggestion was made by Mr. Harcourt that perhaps our clients could just have an easement across, I'll say, the Pink property, you know, from Dawley Road across the Pink property into the Green property. That is not realistic at the current time. My clients do own both of those parcels, but they are thinking about selling it. And it's not realistic to burden a property with an easement that's not required, because there's already another easement which comes directly off Gum Bridge Road. We're not aware. I heard Mr. Harcourt mention a common law doctrine about joint tree ownership. I'm not aware of that. I work in the environmental law and property law field. If that's a common law doctrine, then I can't say for sure that it isn't. But I certainly have never heard of anything like that. I want to point out,too,that there's one row of trees, and it's growing only on the left side of the easement. As you look down the easement between the houses,and it's right on the property line. It most,maybe it's a half foot onto the 18 foot easement. We don't think it blocks anything,but again, if it does,then that's not proper because you can't block an easement. Drainage was mentioned. That's the first time I've heard about that. Of course, everybody knows that prior to any house being permitted or any development being permitted,of my client's lot,there would have to be an erosion and sediment control plan, and all kinds of plans that will address any easement. I mean, I'm sorry, any drainage concerns. So, we don't believe that's a valid concerns. And again,I'm confused about this,this argument that there's septic lines. We've talked to the TO Develop,to the person who installed the septic lines,who has told us they aren't there. But if they are there, they have to be removed, and it has nothing to do with whether or not these lots should be combined into one lot,and subject to your questions,that concludes my rebuttal. Mr. Coston: Do we have any questions, Commissioner Cromwell? Mr. Cromwell: Has the land been surveyed recently? Was a survey necessary, like for the installation of the septic field? Mr. Peoples: Surveyed in June of this year, I believe, and that survey has been given to the city staff. And that is the survey that that we've used as part of this application. It's by Mr. Fox. I want to say it's June of 2026. Mr. Mauch: February. On the survey we have here, it's February 27 of 2026. Mr. Peeples: But if you look, there's actually a revision date on it. It's really hard to see, but I think it says June 26. But in any event, it's very recent. Mr. Cromwell: And it shows ingress and egress. Mr.Peeples: It does, clearly. Well, I'm trying to find the survey right now. Okay,yes, eighteen. It's part of the packet. Ingress, egress, easement. Mr. Cromwell: Right. Thank you. Mr. Peeples: And again, we just reiterate that we ask this to be recommended for approval with the elimination of condition number five, and for the reasons that I think have been made evident by the other speakers here today. Thank you. Mr. Coston: Any other questions for the applicant before he leaves? Ready for discussion or vote? Mr. Harcourt: Any speaking rebuttal to the statement? Mr. Coston: No, sir. Out of order. Mr. Plumlee: I'll make a motion to approve. Ms. Schoonover: Second. Mr. Plumlee: We are not a body to resolve private land disputes. We do have what appears to be a lawfully stamped survey. I noted the surveyor stamped it just four days before he lost his license or renewed it. I imagine,but. The reason we? We do have this ingress egress,which does burden the opponent's property, as it stated, it is not limited as ingress egress, And therefore, I think it's appropriate if there is some lawful reason that's not been presented to us. I would say this does not prevent challenges in court if there are legal rights that are being impinged through this process. So, with that being said, I move to approve it. Ms. Schoonover: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by commissioner Schoonover that this item be approved. Are there any abstentions? Ms. Alcock: Just for clarification, does that motion include the removal of condition number 5ive? Mr.Plumlee: Yes,the removal. We're not going to get an agreement. Thank you for clarifying. Mr. Coston: Thank you. Clerk: By a recorded vote of 9 to 0,with one abstention from Vice Chair Byler, Item 1,James M. Masters and Mary L. Osterhous has been recommended for approval as modified. Vote Tall Commission Member AYE 9 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 Moor ani X Mauch X Conditions 1. The lots shall be developed in substantial conformance with the conceptual subdivision plan entitled "Subdivision Exhibit of 18' Strip Parcel 'X' & 9.76 Acre Parcel" dated June 27, 2026, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall be subject to the review and approval of the Planning Director. 3. Approval from the Virginia Beach Department of Public Health shall be required for development on each lot. 4. A final subdivision plat shall be submitted to the Department of Planning/Development Services Center for review, approval and recordation for the lots being created.The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 5. A new ingress/egress easement with shared maintenance agreement must be recorded with the final subdivision plat. 6. 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. 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. Jack and Kathy Harcourt 1944 Gum Bridge Rd Virginia Beach, VA 23457 September 1,2025 Marchelle Coleman, Staff Planner City of Virginia Beach Planning& Community Development,Planning Administration Building 3,Municipal Center 2403 Courthouse Drive Virginia Beach, VA 23456 Sent via email to mColeman(crwbgov.com Re: Opposition to Subdivision Variance—Accela Record 2026-PCCC-00082 Applicants/Owners: James M. Masters& Mary L. Osterhous Variance requested: Section 4.4(b)&(d), Subdivision Regulations GPINs: 2411275330,2411276592,2411260710 Public Hearing: Wednesday, September 9,2026, 12:00 p.m., Virginia Beach Planning Commission Dear Ms. Coleman and Members of the Planning Commission: We are the owners of property adjoining the parcels subject to the above-referenced variance application, and I am writing to formally oppose the requested variance to Section 4.4(b)& (d) of the Subdivision Regulations. The applicant seeks relief from Section 4.4(d),which requires that each lot created in a subdivision have direct access to a public street,and from Section 4.4(b),regarding lot width. The only access available to the proposed lots is an 18-foot private right-of-way ("Parcel X," recorded in Map Book 85,Page 13), created by a 1979 deed granting a right of way for ingress and egress. This is a private easement, not a public street,and it does not meet the minimum width required under the Virginia Statewide Fire Prevention Code. Under 13VAC5-52-170(Virginia Statewide Fire Prevention Code, adopting International Fire Code Section 503), fire apparatus access roads must have an unobstructed width of not less than 20 feet, exclusive of shoulders. The only exception permitting a reduced width of 18 feet applies exclusively to fully sprinklered single-family developments—and even then, 18 feet remains the floor, exclusive of any shoulder. Parcel X does not meet the 20-foot standard under any circumstance, and it cannot be widened, as the properties bordering it on both sides cannot accommodate additional width. The condition is worse in practice than the deed reflects. Mature trees line both sides of the 18- foot right-of-way. These trees stand on the adjoining properties—owned by Christopher Cardone on the west side and by Elizabeth E. Ward, owner of Parcel X itself—and neither property owner consents to their removal. Enclosed with this letter are notarized affidavits from Mr. Cardone and Ms. Ward confirming that they have not granted, and do not grant,permission for the applicant to remove, cut,or otherwise disturb these trees. As a result,the actual usable width of this access way is less than the already-deficient 18 feet described in the deed, and the applicant has no legal means to correct that deficiency. For these reasons, I respectfully ask the Planning Commission to deny the requested variance: 1. The proposed lots lack direct access to a public street, as required by Section 4.4(d), and access instead depends on a private easement that does not meet the applicable fire code standard. 2. The 18-foot right-of-way cannot be widened, as the adjoining parcels cannot accommodate additional width. 3. The applicant has no legal right to remove the trees that further narrow the usable width of the right-of-way, as confirmed by the enclosed affidavits of the affected property owners. 4. Granting this variance would allow a residential dwelling to be built on a site that fire apparatus cannot safely and adequately access,presenting a direct public safety concern that this Commission is charged with weighing. I ask that this letter and the enclosed affidavits be entered into the record for the September 9, 2026 public hearing, and I intend to appear and speak in opposition to this application. Respectfully submitted, Jack Harcourt Enclosures:Affidavit of Christopher Cardone;Affidavit of Elizabeth E. Ward S5 OOORD"4 4tf� P" P`pNNPg g3I SS PS LONE, �RG\N\SOOSN Ditch draining from proposed Zoning Change through our residential property our our MAIL Covers a 20'x 125 area 98.86'(P) 98.44'(F) J'�t -- 3'83 147.88'(P) 148.15'(F)- BOX S 2843'32" W 246.74'(P)246.5 9 DRAINAGE $) i. ^� ii STRUCTURE LINE SHOWN II U) ON PLAT HVACUNIT a II 3 (M.B. 72, PG. 15) Iz.e'^ UNIT o II SEPTIC TANK (M.B. 85, PC. 23) VALVES e az.I' ` i V,+ 7.0'a O I I L j. Q z 43.7' n l l 2 u PARCEL Z a w j _ DRAINAGE I I 5.4f 'd m _ PIPE I Q N o 17,497 Sq. Feet P- 4" I�z'h MAIL ii Q!S O 0.401 Acres BOX II Z W V ° �ul'a WOODEN I I �I C v DECK GRAVEL ii 3 _ _ ? DRIVE u o Q9 u L LINE SHOWN a N 2843'32"E 237.73'(P)246.74'(F) Q) ON PLAT Property owned b Osterhous and Masters NOW OR FORMERLY Libby Ward Property (M.B. 85, PG. 13) o m p y 18'STRIP PARCEL X o N = part of 9.76 acres 18'x 122.7 (M.B. 85. PG. 13) 18'x 124' " r oN ` N N y^ L NOW OR FORMERLY Qm 4) J T TATEM p p EST Christopher Cardone Property LY PHYSICAL SURVEY CL (M.B. 85, PG 23) OF p PARCEL Z L PARTITION OF PROPERTY (' J.T. TATEM ESTATE ET AL ORGINIA BEACH, VIRGINIA ��PVTH OF`7 MAY 14, 2025SCALE 1"=20' EXCLUSIVELY 05/14/2025�d JACK E. HARCOURT AND KATHY P. HARCOURT 0 JOHN F. HIW, JR.> 4Nc6URII J S U R V E Y O R S L T D 530 WOODLAKE CIRCLE, SUITE 200, CHESAPEAKE, VA 23320 0' 20 0' 60' TEL.: (757) 563-5261 FAX: (757) 963-5262 ' � DRAWN BY: I PROJECT NO. 26090 SHEET I OF 1 CHKD. BY: ALP/,fH I DWG. NO. : 36190 AFFIDAVIT COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: 1,Christopher Cardone,of 1956 Gum Bridge Rd,Virginia Beach,VA 23457, being first duly sworn.depose and state as follows: 1. 1 am the owner of real property located at 1956 Gum Bridge Rd,GPIN 24111664410000. located on the west side of Parcel X, in the City of Virginia Beach, Virginia. 2. My property adjoins,in whole or in part,the 18-foot right-of-way known as "Parcel X" (recorded in Map Book 85, Page 13,in the land records of the Circuit Court of the City of Virginia Beach),which is the subject of a pending application before the Virginia Beach Planning Commission for a Subdivision Variance to Section 4.4(b)& (d)of the Subdivision Regulations,filed by James M. Masters and Mary L. Osterhous(Accela Record 2026-PCCC- 00082). 3. Mature trees and vegetation growing along the boundary of the above-referenced right-of-way have trunks situated on,or straddling,the property line between my property and Parcel X,such that these trees are owned in common by myself and the owner of Parcel X, Libby Ward. 4. 1 have not granted,and I do not grant,permission to James M.Masters,Mary L. Osterhous, their agents,contractors,or any other party,to remove,cut,clear,trim,or otherwise disturb these trees or any other vegetation in which I hold an ownership interest. 5. 1 make this affidavit freely and voluntarily,of my own personal knowledge,for the purpose of submission to the Virginia Beach Planning Commission in connection with the above-referenced application,and for such other lawful purposes as it may serve. Further affiant sayeth not. hrikopher Cardone,Affiant AFFIDAVIT COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: I,Elizabeth Ward,of 1924 Gum Bridge Rd, Virginia Beach, VA,being first duly sworn,depose and state as follows: 1. I am the owner of real property known as"Parcel X,"GPIN 24112611160000, in the City of Virginia Beach,Virginia. This property is subject to an ingress/egress right-of-way agreement benefiting a 9.76-acre parcel to the north,the owners of which are seeking a subdivision variance affecting that right-of-way. 2. My property is, in whole or in part,the 18-foot right-of-way known as"Parcel X"(recorded in Map Book 85, Page 13,in the land records of the Circuit Court of the City of Virginia Beach), which is the subject of a pending application before the Virginia Beach Planning Commission for a Subdivision Variance to Section 4.4(b)&(d)of the Subdivision Regulations, filed by James M. Masters and Mary L.Osterhous(Accela Record 2026-PCCC-00082). 3. Mature trees and vegetation growing along the boundary of the above-referenced 18-foot ingress/egress right-of-way have trunks situated on,or straddling,the property line between Parcel X and the adjoining property of Christopher Cardone,such that these trees are owned in common by myself and Mr. Cardone. 4. I have not granted,and I do not grant,permission to James M. Masters,Mary L. Osterhous, their agents,contractors,or any other party,to remove,cut,clear,trim,or otherwise disturb these trees or any other vegetation in which I hold an ownership interest. 5. I make this affidavit freely and voluntarily,of my own personal knowledge, for the purpose of submission to the Virginia Beach Planning Commission in connection with the above-referenced application,and for such other lawful purposes as it may serve. Further affiant sayeth not. ,izab6fi E. Ward, Affiant R16 .....,.. is Q m � R:1.iJ v s0 R 16 ?, m m r, site Jeffrey & Angela Foster & James P Baker and Patricia O Baker Zoning Revocable Living Trust 1 Property Polygons Adjacent to 512 Vanderbilt Avenue & y Adjacent to 613 S Atlantic Avenue Feet 0 10 20 40 60 80 Mao created by Plannino Deoartment on 9/10/2026 .raye�'ate".«..°FMyL` fC�i° 5' a��• tfi i 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of James P. Baker and Patricia O. Baker, Trustees of the James P. Baker and Patricia O. Baker Revocable Living Trust for the Closure of One-Half of an Unimproved, Unnamed Alley Adjacent to the Rear of 613 S. Atlantic Avenue in Croatan MEETING DATE: October 20, 2026 ■ Background: James P. Baker and Patricia O. Baker, Trustees of the James P. Baker and Patricia O. Baker Revocable Living Trust (the "Applicants") requested the closure of approximately 375 square feet of unimproved, unnamed alley (the "Right-of-Way") adjacent to the rear of their property located at 613 S. Atlantic Avenue for the purpose of incorporating the closed area into their adjoining property. The owners of 512 Vanderbilt Avenue have joined the Applicants in the street closure application and have requested that the remaining 375 square feet portion of the unimproved, unnamed alley also be closed. A separate Ordinance will be presented to City Council for consideration of that request. ■ Considerations: The street closure request is consistent with the City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There is no known opposition to this request. ■ Recommendation: On September 9, 2026, after an advertised public hearing, the Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval of this request with the following conditions, except Condition 1 has been modified to include the specific purchase price: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of James P. Baker& Patricia O. Baker Revocable Living Trust Page 2 of 2 the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the Right-of- Way this approval shall be considered null and void. ■ Attachments: Ordinance Staff Report and Disclosure Statement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: OW 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES P. BAKER AND PATRICIA O. BAKER, 3 TRUSTEES OF THE JAMES P. BAKER AND 4 PATRICIA O. BAKER REVOCABLE LIVING 5 TRUST FOR THE CLOSURE OF ONE-HALF OF 6 AN UNIMPROVED, UNNAMED ALLEY 7 ADJACENT TO THE REAR OF 613 S. ATLANTIC 8 AVENUE IN CROATAN 9 10 WHEREAS, James P. Baker and Patricia O. Baker, Trustees of the James P. 11 Baker and Patricia O. Baker Revocable Living Trust (the "Applicants"), applied to the 12 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 13 of an unimproved, unnamed Right-of-Way discontinued, closed, and vacated; and 14 15 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 16 discontinued, closed, and vacated, subject to certain conditions having been met on or 17 before two (2) years from City Council's adoption of this Ordinance. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 SECTION 1 23 24 That the hereinafter described portion of unimproved, unnamed Right-of-Way 25 (the "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions 26 being met on or before two (2) years from City Council's adoption of this ordinance: 27 28 ALL THAT certain piece or parcel of land situate, lying and 29 being in the City of Virginia Beach, Virginia, designated and 30 described as "AREA OF PROPOSED STREET CLOSURE 31 (375 SQ.FT. OR 0.009 ACRES), and shown as the cross- 32 hatched area on that certain street closure exhibit entitled: 33 "STREET CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET 34 OF THE 15' UNIMPROVED 15' ALLEY (A PUBLIC R/W) LOT 35 21; BLOCK 22 CROATAN BEACH (M.B. 24, P. 37) VIRGINIA 36 BEACH, VIRGINIA", Scale: 1" = 20', dated August 5, 2026, 37 prepared by WPL, a copy of which is attached hereto as 38 Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before two (2) years from City 43 Council's adoption of this ordinance: 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2426-39-5633 47 1. The City Attorney's Office shall make the final determination regarding ownership 48 of the underlying fee. The purchase price to be paid to the City shall be determined 49 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 50 Street Closures," approved by City Council. Copies of the policy are available in the 51 Planning Department. It has been determined that the purchase price to be paid to the 52 City shall be $3,000, which is consistent with similar street closures in this area.. 53 2. The Applicants shall resubdivide the property and vacate internal lot lines to 54 incorporate the closed area into the adjoining lot. The resubdivision plat must be 55 submitted and approved for recordation prior to the final street closure approval. Said 56 plat shall include the dedication of a public drainage easement over the closed portion 57 of the alley to the City of Virginia Beach, subject to the approval of the Department of 58 Public Works, and the City Attorney's Office, which easement shall include a right of 59 reasonable ingress and egress. 60 3. The Applicants shall verify that no private utilities exist within the Right-of-Way 61 proposed for the closure. If private utilities do exist, easements satisfactory to the utility 62 company must be provided and shall be recorded after the final resubdivision plat is 63 recorded with the Clerk of Circuit Court. 64 4. Closure of the Right-of-Way shall be contingent upon compliance with the above- 65 stated conditions within 730 days of approval by City Council. If the conditions noted 66 above are not accomplished and the final plat is not approved for recordation within two 67 years of the City Council vote to close the Right-of-Way this approval shall be 68 considered null and void. 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before October 19, 2028, 72 this Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before October 19, 2028, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 77 5. In the event the City of Virginia Beach has any interest in the underlying 78 fee, the City Manager or his designee is authorized to execute whatever documents, if 79 any, that may be requested to convey such interest, provided said documents are 80 approved by the City Attorney's Office. 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH (as "Grantor") and JAMES P. BAKER AND PATRICIA O. BAKER, 86 TRUSTEES OF THE JAMES P. BAKER AND PATRICIA O. BAKER REVOCABLE 87 LIVING TRUST ("Grantee"). 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 89 of . 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA17151 October 7, 2026 EXHIBIT A INTEND �+ NOTES; . ATLANTIC A VENUE i. THIS THE AREABIT OFIPROPO ED TO SHOW a7 (50 R/W)(M.8. 24, PG. 37) RIGHT—OF—WAY CLOSURE AND (FORMERLY CHAUTAUOUA AVENUE) INDEPENDENT OF THE ASSOCIATED S 12*18'JJ" E 50' RECORD DOCUMENT(S) AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 150' TO THE P. OF TWILIGHT LANE ��©/ (FORMERLY DIANE LANE) (M.B �� S'D ?yt PG,U�,F N/F REFRESHING RETREATS, LLC (IN. 202503027867) O O NSF LOT 22A DAVID WILLIAM LEE & (IN. 20090521000564420) W N/F KIMBERLY BETH LEE GPIN: 2426-39-5617 A JAMES P. BAKER & PATRICIA 0. BAKER TRUSTEES OF THE N TRUSTEES OF THE >: N JAMES P. BAKER & PATRICIA 0. BAKER N D IMBERLY BE LEE KIMB�RLY BETH LEE '- REVOCABLE LIVING TRUST LIVING TRUST N1'H of y, (IN, 20080911001076320) (IN. 20180214000124350) O f�j (M.B. 24, PG. 37) ^ LOT 20A Z GPIN: 2426-39-5633 (IN. 20200429000367750) GPIN: 2426-39-5547 o IC ARNER Lie. o. 2904 TARS4 OF a PROPOSED STREET 0810512026 CLOSURE (375 50. FT. OR � SURy� LOT 21 0.009 ACRES) 15" ALLEY (M.8. 24, PG. ,37) BLOCK (UNIMPROVED) N 04'14'15" W 50' n n Lo GG N 04'14')5" W WO0D�50' �? — N/F r DECK N/F CHARLES R. DOMAN N/F JOHN PAGE DUFFY JR & BONNIE K. DOMAN JEFFREY FOSTER & ANGELA FOSTER & CARRIE BASSO DUFFY (IN. 20130124000095660) (IN. 202603031463) (IN. 20200827000782600) LOT 10A LOT 9 LOT BA (IN. 20160901000782780) (M.B. 24, PG. 37) (M.B. 291, PG. 98) GPIN: 2426-39-4604 GPIN: 2426-39-4620 GPIN: 2426-39-4545 STREET CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF THE wi w 15' UNIMPROVED 15' ALLEY (A PUBLIC R/W) LOT 21; BLOCK 22 CROATAN BEACH Landscape architecture (M.B. 24, PG. `377)/r Land Surveying J5�-a31 t n i VIRGINIA BEACH .IRGINIA 2 Ott Engineering T ArN �vp35iie.cE rl SHEET 1 OF 1 x�z MUSTANG Matt. sums SCALE: 1"=20' AUGUST 5, 2026 'JtRGf NtA. df.AC H, YtlG!#tiA 2143i CAD/chk: BKM/eag CITY OF VIRGMU BEACH, VA F.B.1107 PG.28 PIAT: C-84 JIr:228-0172 Agenda PatriciaApplicants& Property Owners:Jeffrey&Angela Foster and James P. Baker& ! RevocableVB� Planning Commission PublicSeptember i CouncilCity i 1 • Project Details Request Street Closure (50'x15` portion of an unnamed, unimproved 15-foot-wide alley) . - $ Staff Recommendation Approval Staff Planner l Arianna Low ; AdjacentAddress IF- , m 512 Vanderbilt Avenue & 613 S Atlantic Avenue I r G Adjacent GPiNs ,� t -"� OATAN 2426394620, 2426395633 , �-�- Site Size 750 square feet ��` `, ' � �•t 1�� j AICUZ 65-70 dB DNL; Sub-Area 2 Watershed ,- Atlantic Ocean U1 Existing Land Use and Zoning District _ _ I Unimproved right-of-way " ' Surrounding Land Uses and Zoning Districts y, Single-Family Dwelling/R-10 Residential SOUT l y Single-Family Dwelling/R-10 Residential , - " East South Atlantic Avenue Single-Family Dwelling/R-10 Residential West Vanderbilt Avenue Single-Family Dwelling/R-10 Residential Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 1 of 12 -Background & Summary of Proposal • The applicants are requesting to close a SO-foot by 15-foot portion of an unnamed, unimproved 15-foot- wide right-of-way between the rear of their respective properties at 512 Vanderbilt Avenue and 613 S Atlantic Avenue.The total area proposed for closure equates to approximately 750 square feet. • Prior owners of the properties made improvements, including a wood deck, in the area proposed for closure, and the applicants wish to incorporate the adjoining 7.5-foot by 50-foot closed portion of the alley into their respective properties. Zoning History Map Key No. Request 1 STC(Half of the 15-foot-wide alley) Approved 09/09/2019 STC(Western 7.5 feet of a 15-foot 2 wide unimproved alley) Approved 01/27/2009 RIBS m 3 STC(Half of the unimproved alley) yZ Approved 06/24/2008 STC (Western 7.5 feet of a IS-foot- 4 wide alley) _ Approved 06/14/2000 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ:Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR:Floodplain Variance Conditions ALT.,Alternative Compliance ' EvaluationRecommendation As required by City Code, a Viewers' Meeting was held on August 3, 2026, that included City Staff from the Departments of Public Works, Public Utilities, Planning& Community Development, and the City Attorney's Office, to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable. Several similar requests have been reviewed and approved by the City Council for the closure of alleys within the Croatan neighborhood. Consistent with those approvals, Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley. Based on the Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable living Trust Agenda Item 5 page 2 of 12 consideration above,Staff recommends approval of the proposed Street Closure subject to the conditions provided below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicants shall verify that no private utilities exist within the right-of-way proposed for the closure. if private utilities do exist,easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. There are no known historic or cultural resources that will be affected by this project. Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 3 of 12 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. ��IIII II�IIIIII��11 Jeffrey and Angela Foster&James P Baker and Patricia O Baker Revocable Living Trust Agenda Item S page 4 of 12 ClosureStreet i JrttES P,RQU E PAIKIA O.Bk R NIT N/F TRUSTEES OF K AICS P.MR k MYTO YALLIA1t ICE & KI#18£RlY BETH REFRESHING RETREATS, LLC PAWN 0.MR REYWal LhW TRUST TRUSTEES OF {W. 202503027867) (Ptt 2MI10010161M) ONAO 1WLW LEE &KOMY BETH LOT 22A LOT 21 1w 1w TRUST (IN. 20M521000564420) (VR.24 Pc. 31) -72- VNF (N,20180214004)243W) GPIN: 2426-39-6617 {431t 242f-39.563} LOT 20t Tn (IN. G 47 26355410) '`tS 047415 E -50' —\ 15' ALLEY _ _. s .�a IS• E �o' BLOCK (UNIUPROED)7) 22 pCURCl' Q T PROPOSED STREET `1? CLOSURE (J75 50 FT, OR a OO9 ACRES) NF 00JUS R,, OOVAN N/F o JOHN PAGE MFY JR k WNW K. UOM JEFFREY FOSTER & ANGELA FOSTER dt CARRiE BASSO DUFFY (IN. 20130124000095660) tag (ft. 202603031463) 3 (IN. 20200827000782600) T (IN. 20160901000782780) (U: -39 37) LOT 8A GPIN; 2426--34-4620 � (1J,13. 241, PG. 98) CTrN: 2426-39-4604 GFIN: 2426�-39-4545 2 �t,�,TIIOfi1'l o IC ARNER 150, TO THE P,I Lie. o. 2904 OF TWi IGHT LANE (FORMERLY D/AN£ LANE) 08/OS/1016 O .� NO!ES: 1. TIVS mtel Ira WIEIr0E0 TO W)w THE N 04'14'15" }y 50' AREA OF PROPOSfO Rr ffT-OF-riAY CLOSURE AND WORD DOTWEH OF THE ASSNOT I D VANDERB/L T A VENUE RECORD OOTHER TK N ANO 6 NOT fnwfa 80' R M,8. 24, PG, J7 FOR Atn OTHER rww GE,�RAL tfFER£rttE, ( /�'I( ) 2. A TIRE WORT ILAS NOT SEEN PROA)ED (FORMERL Y PACIFIC AWNUE) FOR IIIS FFN.PfRTY, STREET CLOSURE EXHIBIT OF THE WESTERN 7.5 FEET OF THE 15' UNIMPROVED 15' ALLEY (A PUBLIC R/If) LOT 9; BLOCK 22 CROATAN BEACH (M.D. 24, PG. 37) VIRGINIA BEACH, VIRGINIA SHEF.'T I OF I 'atisi SCALE: 1`=20' AUGUST 5, 2026 CAD/eak, DK1I/cag CITY OF VIRGINIA DEACII, VA I F.D.1107 PG.28 1 PLAT:C--84 JN:228-0172 Jeffrey and Angela Foster&James P Baker and Patricia O Baker Revocable Living Trust Agenda Item 5 page 5 of 12 ClosureStreet • NOTES: S. ATLANTIC A VENUE '' "MC OorKP mmoROOMD 10 '"" (50' R/tY)(M.&. 24, PG. 37) RrcHT-OF-WAY CLOSURE AM (FORMERLY CtMUTAUOUA AVENUE) INDEI'DWO Of THE WACIATED S i?'i833" E 5D' RED OtCLWHT(S)MID IS NOT •NEh%D FOR ANY OTHER RON GEWPAL WERM. 2. A TITLE WORT HAS NOT BEEN PR"D FOR M PROPERLY. 150' TO THE P.1. OF TWILIGHT LANE (F'ORM£RL Y DMhE LANE) NJF _J REFRESHING RETREATS, lLC (IN. 202503027867) o Njf LOT 22A DMID 151tuM LEE & (IN. 20090521000564420) W NJF KINBERLY BETH LEE MN: 2426-39-5617 JANES P. BAKER& PAIKIA 0. BAKER � TRUSTEES OF IRE TRUSTEES Of THE 1�1 DAV@ WILLM LEE & �+ MIS P. BAKER & PATMA 0. BAKER ;V KIMBERLY BETH LEE RE1 LTfI j OWLE LIVING TRUST LINNG TRUST ',A h' (IH. 200809I1001076320) 1, N (IN. 20180214000124350) I (u.B. 24, P0. 37) LOT 20A Z GPIN: 2426-39-5633 (n (IN. 2020042"OOM7750) O IC ARNER H GPIN: 2426-39-5547 LAC. 0. 2904 'R64 OF PROPOSED STREET 48/OSi201d 4 CLOSURE (375 SO. Fr OR S U N LOT 21 0.009 ACRES) W ALLEY 24, PG. 37) LOCK (UN/AlPROVED) N 04'14'15' W 5022 ^. t h N '14'15"W WOOD}50' N/F n DECK N NJf CHARLES R. DO1bW N/F JOHN PAGE DUFFY dR & BONNIE K. DOVA'1 & CAME BASSO DUFFY (IN, 201301740M5660) JEFFREY FOSTER&ANGEI4 FOSTER IN. 20200827000782600) LOT t0A ( �LOT38031463) ( LOT 8A (114. 2016o9DI000782780) u.e. 24, PG. 37) (we. 291, PG. 98) GPIN: 2426-39-4604 LIT. 2426-39-4620 GPIN: 2426-39-4545 STREET CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF THE 16' UNIMPROVED 16' ALLEY (A PUBLIC R/W) LOT 21; BLOCK 22 CROATAN BEACH (M.B. 24, PG. 37) , � ��"" ' VIRGINIA BEACH, VIRGINIA S}IFFY 1 OF 1 vxeiac.escr..v:c +.teas: SCALE: 1-=20' AUGUST 6. 2020 CAD/rdk; BK1lfeea CITY OF VIRGINIA BRACH, VA I P.B.1107 PG.28 1 PLATI C-84 M 226-0172 Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 6 of 12 ExhibitStreet Closure w$P.MER P1�f{1A AT 0,POSER WID WXLW1 LEE& KJ1IORY BIMti tFUSTEES(f Tif WtS P.WER& TRUSTEES Cr HEFRfSFIITIG RE lETREATS, LlC PAM A O.(Am Rr AE1.E UANG TRUST (IN. 2,0250,5021861) (IN 2MII00107634) OAND AILLIAN LEE& WRY 8ETH LOT 22A LOT 21 THE LT+%WIT (IN. 2009 05 2 1 000 564 4 2 0) ( &24,PO.31) 72' VNF (N.20184214000124350) GPRI: 2426-39-56T7 X11-2426-31-5633 L07 204 h in (N. 2020042M3677`0) IQ GPN:2426-39-5541 WOOD 15P ALLEYS A DECK BLOCK (fA.& 24, PG. 37) S 04'14'15'° E `)0' 22 (UNIMPROVED) t4 'VI II-4 T S � AREA OF 4 '."0 wee AREA PROPOSE 0 FOR PROPOSED STREET CLOSURE BY TAKER CLOSURE FA (375 SO. FT. OR AREA PROPOSED FOR 0.009 ACR£S) N/F O CLOSURE BY FOSTEP' � N/f CHA.RLES R. 00%wI N/T O JgiN PAGE OLIFFY JR & BONNIE K. Dw N JEFFREY FOSTER & AI AIA FOSTER & CARRIE LASSO DUFFY (IN. 2010240Ct WO) 1u (IN, 20260"31463) (IN. 2020082700078200) LOT IOA . (U.B. 24, PG. 37) , LOT 8A (Ik 2016001000782780) GPRL: 2426-39-4620 'n (M.O. 291, PG. 98) GPIN: 2426-34-4604 ', GFIN: 2426-39-4545 t j A SEPARATE ENCROACHMENT � AGREEMENT,APPROVED BY °p �,LTht THE CITY COUNCIL,WILL BE � �� opt- REQUIRED FOR ANY IN ROVEMENTSWITHINTHE ��• lIC ARNER� CLOSURE AREA THAT WILL BE ,t* 15O' TO THE f?1. Lie. o. 2904 OF TWILIGHT LANE SUBJECTTOTHE OSIOS12026 (FORMERLY D/ANE LANE) CONDITIONED PUBLIC -• DRAINAGEEASEMENT(S) b SUR�� NOTES: r 1. THIS EM311 13 MINECO TO THE N 04'14'15" W 50' AKA Of FWOSED EM-GF-WAY(MURE MQ INDEME0T OF THE ASSOCIATED VANDERBIL T A VENUE RECORD CMWENT(S)uA t5 NOT PM10 D FOR ANY OTHER THAN GENERAL REFEREKE (8U' R/Y/)(//£3 24, PG. 37) 2. A TITLE REP I H4.5 HOT BEEN MUM (FORMERLY PACIFIC AVENUE) FOR INS Pa'OfERTY. STRBBT CLOSURE HmHIBIT OF THE WESTERN 7.5 FM OF THE 155' UNWROVED is' ALLY (A PUBLIC R/W) LOT 9; BLOCK 22 CROATAN BEACH » ,: (WD. 24, PG. 37) MGM BEACH, VIRGMU SHEET 1 OF i ,A.,1i Fk#k � 14Y11. $1�itj } wx+a�r�#ititMw rs,+�v,,;s��sa SC,11S: !"=2O' AtTG(JST 5, 202iS CAb cEk: biDl cf CM OF VIRGINIA BEACH, PA F.D.1107 PG.28 PLAT:C-84 1N:226-0172 Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 7 of 12 �y t Site Photos 3 , i111 ff f r Jeffrey and Angela Foster&lames P Baker and Patricia O Baker F'r:vocable Living Tr,;-st Agenda Item 5 page 8 of 12 Disclosure VIRGINIA IFDisclosure s BEACH ' The disrlosaws contained In this form ore necessary to inform public officials who may vote an the application as to whether they hove a conflict of interest under Virginia low.Completion and submission of this form is requiredfor all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Reach requiring action by the City rouncil,boards,commissions,or other bodies, SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Jeffrey&Angela Foster Is Applicant also the Owner of the subject property? Yes@ No0 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(D No0 If yes,name Representative. R, Edward Bourdon,Jr.,,Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0No0 If yes,list the names of all officers,directors,members,or trustees below AND businesses thot have a parent•subsidiary r or affiliated business entity*'relationship with the applicant,(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No i 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 Not i yes,name the official or employee,and describe(lie nature of their interest. APPLICANT SERVICES DISCLOSURE READ.,The Applicant must certify whether the following services ore being provided In connection to the subject application or any business operating or to be operated on the property. The name of the entity andlor Individual providing such services must be Identified.(Attach list if necessary.j SERVICE YES NO SERVICE PROVIDER _ Name entit and/or Individual Financing(mortgage,deeds of trust, 0 0 cross-collateralization,etc. Real Estate llrokerf entfRealtor 0 0 Maryna De Wers,Swell Realty Disclosure Statement I rev. May•2024 page t of 3 Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 9 of 12 Disclosure SECTION • :. �- —SERVICE � YES NO SERVICE PROVIDER Nome entity and or individual AccountingLaxReturn Preparation 0 a Architect/Designer/landscape O O Architect/Land Planner _ Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Eric Wes,WPL Legal Services Q 0 R.Edtard8u6m,Jr.,Es4.Srkes.&urkn,Ahm&Levy,P.C. APPLICANT CERTIFICATION READ;1 certi/y thot all information contolnedin this corm is complete,true,and accurote.l undeastond 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,V80A,CBPA,Wetionds Board or any public body or committee in connection with this application. Jeffrey/Angela Foster ni Applicant Name(Print) A pli nt signature 0 to t"Porent-subsidiary relationship"meons 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 Stole and Local Government Conflict of Interests Act,VA.Code§2,2-3101, 2"Affiliated business entity relationship"meons a relationship,other than porent-subsidiaryrelationship, that exists when(1)one business entity has a controlling ownership interest in the other business entity,(U) a controlling owner in one entity is also a controlling owner in the other entity,or(111)there is shored management or control between the business entities.Factors(hot should be considered in determining the existence of on affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities,there ore common or commingled funds or assets;the business entitles shore the use of the some offices or employees or otherwise shore activities,resources or personnel on a regular basis,or there Is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.2.3101. FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure statement I rev. May-2024 page 2 of 3 Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 10 of 12 Disclosure Statement SECTION 2:PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: its h5trdor? The Jams P.Baker&Patricia O. Baker Revocable Living Tru-il It the Owner a corporation,partnership,firm,buslinoss,trust,or unlincotpwated business?Yos(i}Noo if yes,P31 the nofllv of 00 officers,directors,members,or trustees b0bw AND bwioesses that hove a porrel",11 1Amloary'ot offillorld k Iinqs en&!rck Ion Aftocht1fL too lPalrua O.Baker,Truvpe Do"the subject property have a propoied or pending purchaser? Yrio N00) If yes,nomr propa"ot pvvdVnq pvrchaier: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official of employee of the City of Virginia Beach have an Inter" I In the jubject land or any proposed cleveloprunt contingent on the subject public actloo? Yes No 0! If y4%naive the s6f�i�'cial�tx,erylpioy ce,ii od de's c tibe the nu r we of their interest. PROPERTY OWNER SERVf CES DISCLOgURE READ,the owner must r,jt vdiethet(he 16116tjvi'nq se)vkcs of e belAq pfovided iq coonectiba to the suNre t osipbtathvi or any bakiorls Opel atiny or to be opetoted oit the property.The waterer of the ratify ot IndiwVool (ow'djnq sack 5crvkcs must be ident' edd,(Attc h,ksiff rieres5oryj SERVICE YES NO SERVICE PROVIDER fHante entily andlor Indivfdual) Financing fmortgage,deeds of trust, cross-tollaterailzation,e 0 0 Truisl Bank by rnerW w1h SunTrusi Real Estate Wokcr/Ag!ent/Reactor 0 0 Accounting/Tax Return Preparation 0 0 AichitettlDesigner/Landscape Architect/Land Planner Construction Contractor 0 0 EnrJneer/Surveygq6lteint (j) C) Erk Claim.WK Legal Svrvices o () R PROPERTY OWNER CERTIFICATION READ:t certify tho(oil informalkan contained in This Form is comp(rte,true,and vrcfffate,I lmdelstond thot, upon receipt of notifiwathm that the oppIkott'vo hits becit schedWed for pvtWk heorPlq,I am fc4vnsiW for updminq the Information provi(led herein three wer'A's Prior to the meeting of PIPAning(ornmrssion, City Counot V80A COPA.WrOwtds 04 aid or any pub,!iv body or carnrnir(ee in twin&-tkin with this appkatiom Patricia 0.Baker,Trustee JuIv 26.2026 Property Owner Name(Print) Property Owmor Sggnature t3ate Disclosure Statement I rev, M a v-2024 oge 3 of 3 Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 11 of 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 12 of 12 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #5 Jeffrey &Angela Foster& James P. Baker and Patricia O. Baker Revocable Living Trust Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on the consent agenda is Item 5, and that is an application by Jeffrey and Angela Foster,James P.Baker and Patricia O.Baker Revocable Living Trust. Is there anyone here on behalf of that application? Mr. Bourdon: Thank you, Madam Vice Chair, Chairman Coston, honorable members of the Commission, for the record, Eddie Bourdon, Virginia Beach Attorney,representing Mr. and Mrs. Foster, as well as the Baker Trust,appreciate Ariana's work on this application. All 4 conditions, as recommended in the staff report, are acceptable, and appreciate being on the consent agenda. Thank you. Ms.Byler: Thank you,Attorney Bourdon. 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 Schoonover to read it into the record. Ms.Schoonover: The applicants and property owners Jeffrey and Angela Foster and James Baker and Patricia O. Baker Revocable Living Ti-List at the adjacent address of 512 Vanderbilt Avenue and 613 South Atlantic Avenue are requesting a street closure. This is a written request and has been placed on the consent agenda. Kathryn, did we,did we catch two and three? There was just some confusion. Ms.Byler: That's I'm sorry. That's been moved to the hearing. Ms. Schoonover: Okay,just checking. Thank you. We've worked. That's why we're confused on here. Ms. Byler: Yes, someone signed up to speak on that. (The following dialogue reflects the discussion to approve the minutes as a part of the consent agenda in its entirety, which may not have directly_followed the above discussion in this document) Ms. Byler: Chair Coston,that was the last item on the consent agenda. The Planning Conunission 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. Plunilee: 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? Cleric: 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 City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures;' approved by City Council, 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicants shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. m RIO G _ N RIO Zt9 _ m R,1.Q z a � E3 site Jeffrey & Angela Foster & James P Baker and Patricia O Baker Zoning Revocable Living Trust .E Property Polygons Adjacent to 512 Vanderbilt Avenue & Adjacent to 613 S Atlantic Avenue Feet 0 10 20 40 60 80 Man created by Plannina Department on 9/10/2026 f*'~.lA Bpi, t 544 ;i 4k.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Jeffrey Foster and Angela Foster for the Closure of One-Half of an Unimproved, Unnamed Alley Adjacent to the Rear of 512 Vanderbilt Avenue in Croatan MEETING DATE: October 20, 2026 ■ Background: Jeffrey Foster and Angela Foster (the "Applicants") requested the closure of approximately 375 square feet of unimproved, unnamed alley (the "Right-of-Way") adjacent to the rear of their property located at 512 Vanderbilt Avenue for the purpose of incorporating the closed area into their adjoining property. The owners of 613 S. Atlantic Avenue have joined the Applicants in the street closure application and have requested that the remaining 375 square feet portion of the unimproved, unnamed alley also be closed. A separate Ordinance will be presented to City Council for consideration of that request. ■ Considerations: The street closure request is consistent with the City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There is no known opposition to this request. ■ Recommendation: On September 9, 2026, after an advertised public hearing, the Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval of this request with the following conditions, except Condition 1 has been modified to include the specific purchase price: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. It has been determined James P. Baker& Patricia O. Baker Revocable Living Trust Page 2 of 2 that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the Right-of- Way this approval shall be considered null and void. ■ Attachments: Ordinance Staff Report and Disclosure Statement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ftly City Manager: 1 ORDINANCE APPROVING APPLICATION OF 2 JEFFREY FOSTER AND ANGELA FOSTER FOR 3 THE CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT 5 TO THE REAR OF 512 VANDERBILT AVENUE IN 6 CROATAN 7 8 WHEREAS, Jeffrey Foster and Angela Foster (the "Applicants"), applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 10 of an unimproved, unnamed Right-of-Way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before two (2) years from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved, unnamed Right-of-Way 22 (the "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions 23 being met on or before two (2) years from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED STREET CLOSURE 28 (375 SQ.FT. OR 0.009 ACRES), and shown as the cross- 29 hatched area on that certain street closure exhibit entitled: 30 "STREET CLOSURE EXHIBIT OF THE WESTERN 7.5 FEET 31 OF THE 15' UNIMPROVED 15' ALLEY (A PUBLIC R/W) LOT 32 9; BLOCK 22 CROATAN BEACH (M.B. 24, P. 37) VIRGINIA 33 BEACH, VIRGINIA", Scale: 1" = 20', dated August 5, 2026, 34 prepared by WPL, a copy of which is attached hereto as 35 Exhibit A. 36 37 SECTION 11 38 39 The following conditions must be met on or before two (2) years from City 40 Council's adoption of this ordinance: 41 42 No GPIN Assigned (City Right-of-Way) 43 Adjacent GPIN: 2426-39-4620 44 1. The City Attorney's Office shall make the final determination regarding ownership 45 of the underlying fee. The purchase price to be paid to the City shall be determined 46 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 47 Street Closures," approved by City Council. Copies of the policy are available in the 48 Planning Department. It has been determined that the purchase price to be paid to the 49 City shall be $3,000, which is consistent with similar street closures in this area. 50 2. The Applicants shall resubdivide the property and vacate internal lot lines to 51 incorporate the closed area into the adjoining lot. The resubdivision plat must be 52 submitted and approved for recordation prior to the final street closure approval. Said 53 plat shall include the dedication of a public drainage easement over the closed portion 54 of the alley to the City of Virginia Beach, subject to the approval of the Department of 55 Public Works, and the City Attorney's Office, which easement shall include a right of 56 reasonable ingress and egress. 57 3. The Applicants shall verify that no private utilities exist within the Right-of-Way 58 proposed for the closure. If private utilities do exist, easements satisfactory to the utility 59 company must be provided and shall be recorded after the final resubdivision plat is 60 recorded with the Clerk of Circuit Court. 61 4. Closure of the Right-of-Way shall be contingent upon compliance with the above- 62 stated conditions within 730 days of approval by City Council. If the conditions noted 63 above are not accomplished and the final plat is not approved for recordation within two 64 years of the City Council vote to close the Right-of-Way this approval shall be 65 considered null and void. 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before October 19, 2028, 69 this Ordinance will be deemed null and void without further action by the City Council. 70 71 2. If all conditions are met on or before October 19, 2028, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 5. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 SECTION IV 79 80 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 81 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 82 VIRGINIA BEACH (as "Grantor") and JEFFREY FOSTER AND ANGELA FOSTER 83 ("Grantee"). 84 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 85 of . 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attor ey CA17175 October 7, 2026 EXHIBIT A AMES P. BAKER k PATRIC4A 0. BAKER DAVID WILLIAM LEE & KIMBERLY BETH N/F TRUSTEES OF THE JAMES P, BAKER & TRUSTEES OF REFRESHING RETREATS, LLC PATRICIA 0. BAKER REVOCABLE LIVING TRUST DAVID WILLtAb1 LEE KItABERLY BETH (IN. 202503027867) (IN. 20080911001076320) THE LIVING TRUST LOT 22A LOT 21 (IN. 20090521000564420) (M.8. 24, PG. 37) 72" VNF (IN. 20180214000124350) GPIN: 2426-39-5617 GPIN: 2426-39-5633 LOT 20A (IN, 20200429000367750) S 04 14 5 E 50' GPIN: 2426-39-5547 Y'r'OOD 15' ALLEY n DECK ^ BLOCK (M.B. 24, PG. 37) S 04'14'15" E 5O' n n (UNIMPROVED) G G 'i�F�r'lp�,gN LOT 9 AREA OF FMB 24 'Too LOT PROPOSED STREET Z J CLOSURE (375 SO FT. OR 0.009 ACRES) CHARLES R DOMAN N/F JOHN PAGE DUFFY JR & BONNIE K. DOMAN JEFFREY FOSTER & ANGELA FOSTER & CARRIE BASSO DUFFY (IN. 20130124000095660) W (IN. 202603031463) 3 (IN. 20200827000782600) LOT 10A (M.B. 24, PG. 37) LOT 8A (IN. 20160901000782780) h GPIN: 2426-39-4620 (M.B. 291, PG. 98) GPIN: 2426-39-4604 GPIN: 2426-39-4545 ZNLTH OpDj IC ARNER 150' TO THE P.I. 11c. o. 2904 ' OF TWILIGHT LANE 08/05/2426 (FORMERLY DIANE LANE) SURy NOTES: r� Qua 1. THIS EXHIBIT IS INTENDED TO SHOW THE N 04'14'15" W 50' AREA OF PROPOSED RIGHT—OF—WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED VANDERBJL T A VENUE RECORD DOCUMENT(S) AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. (8O' R W)E M.B. 24, PG. 37) 2. A TITLE REPORT HAS NOT BEEN PROVIDED (FORMERL Y PAC1F/C AVENUE) FOR THIS PROPERTY. f STREET CLOSURE EMBIT miw OF THE WESTERN 7.5 FEET OF THE 15' UNIMPROVED 15' ALLEY (A PUBLIC R f W) LOT 9; BLOCK 22 CROATAN BEACH ondscape Architectvre (M.B. 24, PG. 37) Land Surveying 757- ,_ nl VIRGINIA BEACH VIRGINIA � rii Enyir�eetitg �vp:5vhe.Con' � SHEET i OF i VIRGINIA.1FACH.`w RGINIA 2334 11 52 SCALE: 1"-20' AUGUST 5, 2026 CAD/ehk: BKM/eag CITY OF VIRGMU BEACH, VA I F.B.1107 PG.26 1 PLAT:C-84 JN:226-0172 / / ` Agenda Item 5 Applicants& Property Owners:Jeffrey&Angela Foster and James P. Baker& Patricia 0. Baker Revocable Living Trust Planning Commission Public Hearing: September 9,2026 V_B' City Council District: District 5(Wilson) Project Details � | Request � Street Closure(60'x1S/ portion ufon unnamed, i ' unimproved 1S-font-vvidealley) . Staff Recommendation ' Approval / Staff Planner ' ArianDaLovv � � AdvcooAdwess ` S12 Vanderbilt Avenue 6k613S Atlantic Avenue "-W1, Adjacent`~ ..^ rAN CR 2426394620, 2426395633 Site Size 7SU square feet " '4/CUZ 65'70dBDNL;Sub-Area2 � Watershed . Atlantic Ocean Existing Land Use and Zoning District Unimproved right-of-way Surrounding Land Uses and Zoning Districts North � Sin0|e'Fannik/DmeUin8 /R,10 Residential ' South | | Single-Family Dwelling /R-1OResidential | East | | South Atlantic Avenue | Single-Family Dwelling/R-1OResidential ! West � Vanderbilt Avenue Single-Family Dwelling/R-10Residential | Jeffrey and Angela Foster&James P Baker and Patricia O Baker R�v aNe6vingTrust Agenda Item 5 page 1of12 Background SummaryofProposal • The applicants are requesting to close a 50-foot by 15-foot portion of an unnamed, unimproved 15-foot- wide right-of-way between the rear of their respective properties at 512 Vanderbilt Avenue and 613 S Atlantic Avenue.The total area proposed for closure equates to approximately 750 square feet. • Prior owners of the properties made improvements, including a wood deck,in the area proposed for closure, and the applicants wish to incorporate the adjoining 7.5-foot by 50-foot closed portion of the alley into their respective properties. Zoning • Map Key No. Request i STC(Half of the 15-foot-wide alley) q Approved 09/09/2019 STC(Western 7.5 feet of a 15-foot- - 2 wide unimproved alley) Approved 01/27/2009 -' RiO` 3 STC(Half of the unimproved alley) - - ` Approved 06/24/2008 STC(Western 7.5 feet of a 15-foot- �_- 4 wide alleys m'; Approved 06/14/2000 Application Types CUP:Conditional Use Permit MDP:Modification of Proffers SVR:Subdivision Variance REZ.Rezoning NON:Nonconforming Use LUP:Land Use Plan CRZ:Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR:Floodplain Variance Conditions ALT Alternative Compliance Evaluation • • . • As required by City Code,a Viewers' Meeting was held on August 3, 2026,that included City Staff from the Departments of Public Works, Public Utilities, Planning& Community Development, and the City Attorney's Office,to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable. Several similar requests have been reviewed and approved by the City Council for the closure of alleys within the Croatan neighborhood. Consistent with those approvals, Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the dosed portion of the alley. Based on the Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 2 of 12 consideration above, Staff recommends approval of the proposed Street Closure subject to the conditions provided below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval.Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicants shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist,easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. ResourcesNatural & Cultural • The site is located in the Atlantic Ocean Watershed. There are no known historic or cultural resources that will be affected by this project. Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 3 of 12 PublicOutreach 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.govjpc on September 3, 2026. Jeffrey and Angela Foster&James P Baker and Patricia O Baker Revocable Living Trust Agenda Item 5 page 4 of 12 ClosureStreet a 44AS P,SIM k PAIMIA 0.8WR LAAD ypF�TEE&KWRLY BETH N/F IRUSTUS Of 1K.M{IES P.Wit&W-f iR17 REFRESHING RETREATS, EEC PAR"0.BARER RE OME UM'T9G T (N. 202503027867) (a?M110)1016320) ��N1EENlt TRUSTEES OF Ka18ERtY BETN LOT 22A LOT 21 1NE ENw TRUST (N. 20090521OW564420) (ua 24,PG.3I) -12- VNF (IN. 24180?1�124SW) GPIN: 2426-39-5617 QM 2426-39-�J3 T^ Try' (Nl 2020042900OM7750) S L7414 15 £ 50' E 2426-39-5547 >5' ALLEYS > _ BECK ►� BLOCK (U..B. 24, PG J7) 22 r Od i4`15' EI 0' (UNIMPROVEO) t!£h+jDlgt,s LOT AREA of PROPOSED STREET CLOSURE (J75 50. FT. OR 0.009 ACRES) N/F O O N/F CNARLES R. 0C1#I1VT O N/F JONN PAGE fN1FFY JR dt BOW1 K. OOMM JEFFREY FOSTER A A%fl-A FOSTER k CARRIE BASSO OUf7Y (IN. 20130124000095660) W (14, 202603031463) (N. 20200827000782600) LOT 10A LOT 8A (14. 2016M1000782780) h GPINg2426-9-4 20 'n U 291. PG. 98) CJ'1N: 2426-39-4604 InGPd1; 2426-39-4545 v v I,I,TIi Opr1 o� IC t, ARNER 150' TO THE P.I. Lie, o. 2904 OF TWILIGHT LAN£ 08/1512026 (FORMERLY D14NE LANE) No,rES: S U 1. TIIIS W T 6 POINOEn To Ixr na N 04'14'15' W 50' AMA Of PROPOSED RIGNT-of-Y4AY CtmRt AM INDEPE OEM Or TK ASSCXIATEO VANDERB/L T AVENUE RICORD 00CUVINT(S)AND 6NOT PITENUD FOR ANY 011IR TIM GEMRA1 REFIREW. (8©' R/W)(M.B. 24, PC. .37) 2. A TITLE WORT 19AS NOT FFFN FRC tM (FORMERLY PACIFIC AVENUE) KA 1145 PP,opfRTl', STREET CLOSURE EXHIBIT OF THE WESTERN 7.5 FEET OF THE 15' UNIMPROVED 15' ALLEY (A PUBLIC R/R) LOT 9; BLOCK 22 CROATAN BEACH (M.D. 24, PG. 37) VIRGINIA BEACH, VIRGINIA SNEt'!' 1 OF I SCALE: 1'=20' AUGUST 5, 2026 CAD/,U: BKSI/ena CITY OF VTRGINIA DEACII, VA I P.D.It07 PG.28 PLIT:C-84 M228-0172 Jeffrey and Angela Foster&James P Baker and Patricia O Baker Revocable Living Trust Agenda Item 5 page 5 of 12 ClosureStreet NOTES: S. ATLANTIC A VENUE1. TWAHIS REABOF IT 6OPOSE°TO�'"'" (50' R/W)(AL B. 24, PG. 37) OFOr-WAY CLOSURE AND (FoRM£RLY ChAUTAUOUA AVENUE) NDEPf74EHT OF TIIE ASSOCIATED 5 12'1&33"£ 50' RED DOCWENT(S)AND IS NOT MENDED FOR AW OTHER TITAN CERERN.FUERENCE. 2, A TITLE REPORT KAS NOT BEEN y _-------- PROYAED FOR TI#S PROPERTY. 150' TO THE P.I. OF TWILIGHT LANE (FORMERLY DGWE LANE) N/F C� REFRES"43 RETREATS, LLC q (IN. 202503027867) g a NJF LOT 22A DAVID wiLLIAM LEE & (IN. 20090521000564420) Ly NjF KIMBERLY 00i LEE C,f'N: 2426-39-5617 JAMES P. BAKER& PATR'CIA 0. BAKER TRUSTEES OF THE TRUSTEES OF THE DAVID WILLIAM LEE & JAMES P. BAKER & PATRiCtA 0, BAKER N KIMBERLY BE11i LEE �,�)) Q REVOCABLE LIVINFG TRUST LIVING TRUST �'� (IN. 20080911001076320) (IN. 20180214000124350) `' �� ^ (WEL 24, PG. 37) LOT 20A O 2 GPRN: 2426-39-5633 Iq (IN. 20200429000367750) o IC ARNER H GP4N: 2426-39-5547 L1c. o, 2904 D' I-AftA OF PROPOSED STREET P8/43/2416 CLOSURE (375 SO, 1`7 OR LOT 21 0.009 ACRES) 15' ALLEY etacK (hl.B. 24, PG. 37) N 04'T4`15' W 50' (UNIMPROVED) 22 JJ- N�N" N ra'15" p D 50' �. — — — — Ix N/F DO&LES R. OOW NjF JOHN PAGE DUFFY JR &BONNIE K. DO►AN JEFFREY FOSTER &ANGELA FOSTER & CARRE BASSO DUFFY (IN. 20130124000095660) (94. 202603031463) (IN. 20200827000782600) LOT 10A LOT 9 LOT 8A (IN. 20160901000782780) (M.B. 24,PG. 37) (N.D. 291, PG. 98) GPIN: 2426-39-4604 IN: 2426-39-4620 GPIN: 2426-39-4545 STREET CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF THE 15' UNIMPROVED 16' ALLEY (A PUBLIC R f W) LOT 21; BLOCK 22 wjl` CROATAN BEACH (M.D. 24, PG. 37) VIRGINIA BEACH, VIRGINIA SIIEL-r I OF I SCALE: 1"=20' AUGUST 5, 2020 CAD/cblh BK1(/cik=CrrY OF VIRGINIA BRACH, VA 1 F.D.1107 PG.28 1 PLAn C-84 IN;228-0172 Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 6 of 12 ClosureStreet • N/F N/F 4xs P. nR A PATF.ICN 0,MLR OA510 NHLN11 LEE&1011L�'+I.Y ECH N TTl1i PM(F THE UAS P.WKER A REfRESFIIT} RETREATS, 11C PPTRY A O.64EN FtS'tK'.u UAW im-T T�iTEE�CF (IN. 202503021861) 04 2LC I100107E,120) DA14O Wttl W LEE& *YeU%tY 60H LOT 22A LOT 21 THE Wro TRUST (IN. 20010521CO0564420) (ae, 24,Pe.31) 72" V lF (N. 20150214000124350) G4 242E-39-5633 zLOT 2OA GF�f1. 2426-39-5617 h h (t1. 2OW29J00367750) 2426-39-5547 wf h - 15' ALLEY� 13E£R �: _ BLOCK (Y.U. 24, PG 37) S U4`14'1�'�E�W. �2 (UNIMPROVED) LOT 9 ARIA OF p0U�f PROPOSED STREET FEc P c PUS Fl7 2 1 ��t.o �,E�Y e�r;�R CLOSURE (375 SO. FT OR AREA PROPOSED FOR 0.009 ACRES) N/F OEl C4.CISUREBYfOSTER O N/F (HARLfS R. 00114'I N/F - ,OH14 PAGE OUT"JR & 0344IE K. OCgkN JEFFREY FOSTER & A14 114 FOSTER & MR1E HASCSO OUFTY (N. 20130124OM5,560) I+T (IN. 202603031463) 3 (N. 202008270007821500) LOT IOA : (M.G. 24. PG. 37) LOT BA (I4. 20160901000782780) GPIN; 2426-39-4620 h (M.D. 291, PG. OTT) GPM: 2426-39-4W4 h MR! 2426-39-4545 t} A SEPARATE ENCROACHMENT � AGREEMENT,APPROVED BY Ii,TH 0$' 2 THE CITY COUNCIL,WILL BE � �� 1, REQUIRED FOR ARTY IMPROVEMENTS WITHIN THE o _SIC ARNER►� 150' TO NE P.1. CLOSURE AREA THAT WILL BE Lic. o. 2004 2 OF MIGHT CANE SUB7ECTTOTAE o�rnsr�a2a (FORMERLY D/ANE LANE) CONDrTIONEOPUBUC 1 �' - DRAINAGEEASfh4ENT(S) � SuR�w`�O NOTES: 1 01 1. THIS D)01 IS NffhtfO TO S"TFE N 04'14'15" W 50' MEA OF FROPOSED RIGK—OF—WAY CLOSURE /��y /�� MO INDEPINKOEIT OF THE ASSOCIATED VANDE/9B/G T A VENUE RECORD DOCtyENT(S)AM)rs NOT r+iE XV) 80' R W 1 LH. 24, PC. 37 Fc T LE OTHER TRAKAS NOT QIEL REFEREED (FORM RCY PACIFIC AVENUE 2. +<TITLE REf`RYT HA5 I:OI OfEN FFO'rT.'.EO ( ) KQ 1113 PROPERTY. STPJMT CLOSvM 1XIMI THE WESTERN 7 6 FUT OF THE 15' UNWROVED 15' AIM A PUBLIC R/W) TAT 9; BLOCK 22 CROATAN BUCH (M.B. 24, PG. 37) `rt"e" aw1 a t" z VIRGMA BEACH, VMGMU " t�Y SKEET 1 OF 1 V044104#tic-`140;14 a(Ira SCALE- t"=20' AUGUST 5, 2020 CAD Wv BW/esg I CM OF VIRCINIA BEACH, VA I F.B.1107 PG.26 PLAT:C-84 I 3N:226-0172 Jeffrey and Angela Foster&lames P Baker and Patricia O Baker Revocable Living Trust Agenda Item 5 page 7 of 12 Is ite • f § fri r � r y tii h �fi It( 1m i� II� c � ^ . ems.... ,.. Jeffrey and Angela Foster&lames P Baker and Patricia O Baker Revocable L vis,-7!us( Agenda Item 5 page 8 of 12 Disclosure VIRGINI• 4 Disclosure BEACH Statement The disclosures contained In this form ore accessory 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 f at oil opplicotions that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Reach requiring action by the City Council,boards,commissions,of other bodies. APPLICANTSECTION 1: DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Jeffrey&Angela Foster Is Applicant also the Owner of the subject property? Yes@ No@ _. If no,Property Oovner must complete SECDON 2:PROPER/YOWNER 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@No0 If yes,list the names of all officers,directors,members,or trustees belotvANO businesses shot have a parent•subsidiary r or of ilialed business entity'felotionship with the applicant.(Attach list if accessory.) Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed at pending purchaser; i KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia teach have an Inte est in he subject land or any proposed development contingent on the subject public action? Yes( No% If yes,name the official or employee,and describe the nature of their interest. F { { APPLICANT SERVICES DISCLOSURE READ;The Applicant must certify whether the fallowing services ore being providedin connection to the subject application or any business operating at to be operated on the property.The name of the entity and/or individual providing such services must be Identified.(Attoch list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing{mortgage,deeds of trust, cross-coilateralization,etc.) J Real Estate Broker/Agent/Realtor Maryna DeMasters,Swell Really W Disclosure Statement j rev. May•2024 page 1 of 3 Jeffrey and Angela Foster&James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 9 of 12 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER 1Nome entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O Q Architect/Land Planner Construction Contractor 0 0 _o- Engineer/Surveyor/Agent 0 Q Eric Gamer,W1. Legal Services Q O R E4Ax;1t3aaran,,k.,Esq,Sytti.B wdM.ANm&Ley,P.C. APPLICANT CERTIFICATION READ.,l certify that aNinformation conto►ned 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,V80A,CBPA,Wetlands Board at any public body or committee in connection with this application. Jeffrey/Angela Foster Applicant Name Print ti nature VU- 0 to (Print) P nt St g t"Parent-subsidiary relationship"means a relationship that exists when one corporollon ditectlyor indirectly owns shores possessing more than 50 percent of the voting power of another corporation,"See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101, 2"Affiliated business entity relationship"means a relationship,other than porent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii) a controlling owner In one entity is also a controlling owner In the other entity,or(ill)there is shared management or control between the business entities.Foctors that should be considered in determining the existence of an affiliated business entity relationship include that the some person of substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entitles shore the use of the some offices or employees or othenvise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entitles."See Stole and tocnI Government Conflict of Interests Act,Va.Corte§2.2.3101. FOR CITY USE ONLY, No changes as of(date): i c i Staff Name(P(int) Staff Signature Date i Disclosure Staternent I rev. May-2024 past?2 of 3 I i Jeffrey and Angela Foster&James P Baker and Patricia O Baker RevocableLiving Trust Agenda Item 5 page 10 of 12 Disclosure SECTION • • • OWNER PR01"ERTY (WII IEN I1',1f OWAATICIIN Property Owner Name: ej +�sted anoppt otia+ Thor James P. Baker&Pairif;a 0. maker Revocable L iving Tara! Is the QWrW A o"potation,partnership,firm,business,trust,or unincorporated business?Yes •�}fio0 11 yes,1.41 the nomes of ool of ficcas,directors,members,or trustees below ANO bustuesses that have o pprcnt•fubsi rr�r�frrliorediwiinfssentityrreMt tfsliwiththeo phront,(At tcxhlist ff accesaory,! Patricia 0.Baker,Trustee Does the subject property hwe a proiroied or pending purchaser? Yes'o ti4li If yes,nomr proposed of pending purrhzrser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE floes an official or employee of the City of Virginia Beach have an Interest In the ublect land or any proposed developrmnt contingent on the subject public action? Yes{y fie l'I If yes,mrrne fire c dotty ernployce,onddescrlbe the norwed tbeif huerest. PROPERTY OWNER SERVICES DISCLOSURE READ:the owner must certify whether the foltourrnp services are being provided in con`tectiorr lathe sutfect roppl.kalkm or any bostoess operating or to be oprroted evi the property.The name of the catify of hic(M gaol nrovidrna sui h see ees mint tre°rdenti led Attorh hst t necessa , SERVO YES I NO SERVICE PROVIDER (Name enthy and/or ind viduo0 financing(mortgage,deeds of trust, TntI51 Ber#(b%R r SUnTNSi cross•collateralization,etc.1 kcal I%tatr ftrok,r! ent Lcattor 0 Accounting/TaxReturn Preparation 0 Architect/Designer/Landscape Architect/tand Plarnncr Construction Contractor 0 V Englneer/Surveyor/Agent 0 0 EkCwrer,WPL Legal Scrvtices 0 R Ed*-"Bir'-k" P.Efq,S)srs eklvo-4Al-4Wy.P,C. PROPERTY OWNER CERTIFICATION READ:(certify that 0 inforrnaVon conto'ned to this foam as Complete,true,and accurate,)understand(hot, upon receJpI of notrfkrolion that the oppiicoloan has teen scheduled for tauNk heoring,r am reWnsAh-for updating fbe lnformotksn provided herein three weeks prior to the meeting of Planning tomm"30o s, arty Cornell, VBGA,CBPA Wetlands Board or any pub4lt tsody or comrnlrtee in tonnectlan with this nppiication. Patricia O.Baker,Trustee Iufv 26.2(126 TIC•.....__�_________ ____..� Property Owrwr Name(Print) Properly Owner Signature Wte Disclosure Statement I rev, t t a y-2024 � page 3 of 3 Jeffrey and Angela Foster &James P Baker and Patricia 0 Baker Revocable Living Trust Agenda Item 5 page 11 of 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Jeffrey and Angela Foster&James P Baker and Patricia O Baker Revocable Living Trust Agenda Item 5 page 12 of 12 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #5 Jeffrey & Angela Foster & James P. Baker and Patricia O. Baker Revocable Living Trust Recommendation; RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Tile next item on the consent agenda is Item 5, and that is an application by Jeffrey and Angela Foster,James P.Baker and Patricia O. Baker Revocable Living Trust. Is there anyone here on behalf of that application? Mr. Bourdon: Thank you, Madam Vice Chair, Chairman Coston, honorable members of the Commission, for the record, Eddie Bourdon, Virginia Beach Attorney, representing Mr. and Mrs. Foster, as well as the Baker Trust, appreciate Ariana's work on this application. All 4 conditions, as recommended in the staff report, are acceptable, and appreciate being on the consent agenda. Thank you. Ms.Byler: Thank you,Attorney Bourdon. 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 Schoonover to read it into the record. Ms.Schoonover: Tile applicants and property owners Jeffrey and Angela Foster and James Baker and Patricia O. Baker Revocable Living Trust at the adjacent address of 512 Vanderbilt Avenue and 613 South Atlantic Avenue are requesting a street closure. This is a written request and has been placed on the consent agenda. Kathryn, did we,did we catch two and three? There was just some confusion. Ms. Byler: That's I'm sorry. That's been moved to the hearing. Ms. Schoonover: Okay,just checking. Thank you. We've worked. That's wily we're confused on here. Ms. Byler: Yes, someone signed up to speak on that. (The following dialogue reflects the discussion to approve the ininutes as a part of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston, that was the last item on the consent agenda. The Planning Conunission 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. 1 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? W. 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. W. Coston: Madam Clerk. Could you please open the vote? Cleric: The vote is open. Commissioner Mootjani 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 retrain 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 8 ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moodani X Mauch X Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures.' approved by City Council. 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicants shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. B2 f� O,Q B2 B`2 A18 Al2 ED Site Pitsilides Land Trust Zoning Adjacent to 1945 Laskin Road �] Property Polygons Feet 0 15 30 60 90 120 Mao created by Plannino Department on 9/8/2026 Q4FNA'�c �'a,fr'*+tayL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of George Pitsilides, Trustee of the Pitsilides Land Trust, for the Closure of Approximately 2,679 Sq. Ft. of an Unimproved Portion of Fountain Drive Located Adjacent to 1945 Laskin Road MEETING DATE: October 20, 2026 ■ Background: George Pitsilides, Trustee of the Pitsilides Land Trust (the "Applicant"), requested the closure of approximately 2,679 sq. ft. of an unimproved portion of Fountain Drive (the "Right-of-Way") adjacent to his property at 1945 Laskin Road, for the purpose of incorporating the closed area into his adjoining property. ■ Considerations: The viewers determined that the closure of the Right-of-Way, with the conditions set forth below, will not result in a public inconvenience. 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, to recommend approval of this request, with the following conditions: 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 and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the right-of-way shall be contingent upon compliance with the above- stated conditions within 730 days of approval by City Council. If the conditions George Pitsilides, Trustee of the Pitsilides Land Trust Page 2 of 2 noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Ordinance Staff Report and Disclosure Statement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 ORDINANCE APPROVING APPLICATION OF 2 GEORGE PITSILIDES, TRUSTEE OF THE 3 PITSILIDES LAND TRUST, FOR THE CLOSURE 4 OF APPROXIMATELY 2,679 SQ. FT. OF AN 5 UNIMPROVED PORTION OF FOUNTAIN DRIVE 6 LOCATED ADJACENT TO 1945 LASKIN ROAD 7 8 WHEREAS, George Pitsilides, Trustee of the Pitsilides Land Trust (the 9 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 10 hereinafter described portion of an unimproved right-of-way discontinued, closed, and 11 vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before two (2) years from City Council's adoption of this Ordinance. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION 1 21 22 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 23 Way") be discontinued, closed and vacated, subject to certain conditions being met on 24 or before two (2) years from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE 29 (2,679 SQ. FT. OR 0.062 ACRES)", and shown as the cross- 30 hatched area on that certain street closure exhibit entitled: 31 "STREET CLOSURE EXHIBIT OF AN UNIMPROVED 32 PORTION OF FOUNTAIN DRIVE ADJACENT TO LOT 16-A 33 RESUBDIVISION PLAT OF LOT 15, BLOCK 1, MAP OF 34 BEECHWOOD (M.B. 8, PG 43) & LOTS 1, 2, 3, PARCELS `A' 35 & 'B' OF MAXEY MANOR (M.B. 36, PG. 51A) (IN. 36 20230700107), VIRGINIA BEACH, VIRGINIA," dated June 25, 37 2026, Scale 1" = 80', prepared by wpl Landscape Architecture 38 Land Surveying Civil Engineering, a copy of which is attached 39 hereto as Exhibit A. 40 41 SECTION II 42 43 The following conditions must be met on or before two (2) years from City 44 Council's adoption of this ordinance: 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPIN: 2407-47-3331 48 1. The City Attorney's Office will make the final determination regarding 49 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 50 Beach shall be determined according to the "Policy Regarding Purchase of City's 51 Interest in Streets Pursuant to Street Closures," approved by City Council. 52 53 2. The Applicant, or the Applicant's successors and assigns, shall 54 resubdivide the property and vacate internal lot lines to incorporate the closed area into 55 the adjoining lot. The resubdivision plat must be submitted and approved for recordation 56 prior to the final street closure approval. 57 58 3. The Applicant shall verify that no private utilities exist within the right-of- 59 way proposed for closure. If private utilities do exist, easements satisfactory to the utility 60 company must be provided and shall be recorded after the final resubdivision plat is 61 recorded with the Clerk of Circuit Court. 62 63 4. Closure of the right-of-way shall be contingent upon compliance with the 64 above-stated conditions within 730 days of approval by City Council. If the conditions 65 noted above are not accomplished and the final plat is not approved for recordation 66 within two years of the City Council vote to close the right-of-way this approval shall be 67 considered null and void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before October 19, 2028, 72 this Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before October 19, 2028, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the underlying 78 fee, the City Manager or his designee is authorized to execute whatever documents, if 79 any, that may be requested to convey such interest, provided said documents are 80 approved by the City Attorney's Office. 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH (as "Grantor") and GEORGE PITSILIDES, TRUSTEE OF THE 86 PITSILIDES LAND TRUST ("Grantee"). 87 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 88 of . 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ldwwj��- Planning Department City Attorney CA17173 EXHIBIT A NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT—OF—WAY ,AL`H Ojy CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT f INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 'i l'q0 RIC ARNER P� LASKIN ROAD Lip. 2904 5�py5l>,g (VARIABLE WIDTH R/W) � 06/1511016 (S.H.P.B. 2, FIGS. 56 & 63) �r� (D.B. 389, FIG. 72)(D.B. 377, PG. 1597) SUR��' N 45 f031 E R=5084.64 ' �p 55.06' R=20.00' L= 128. 14 L=31.85' LOT 16-A (62,240 SO. Fr. N/F OR 1.521 ACRES) W N/F NNN REIT, L.P. 3 GEORGE PITSIL DES, TRUSTEE OF N 3 g (I.N. 202603033984) THE PITSILIDES LAND TRUST LOT 15-A (D.B. 3029, PG. 411) Z p (IN. 2023 ) (I.N. 202303037446) p GPIN: 2407-47 107-47-1270 WGPIN: 2407-47-3331 , 3 AREA OF PROPOSED STREET N W�co CLOSURE (2,679 SQ. FT OR NN �' m�Qi 0 N q,5'10'31' E 174.02' 0 062 ACRES) N 44'19'32" W S 502351" W 57.37' 95.20' N J,927 44" W t� S 8354'09" E 33.69' N 02'40'37" E S 485454"" 6v 18.62' 203.56' 47.80' 5.70' S 50*2351" W 189,60' S 47 34'02" W S 50 23'51" W 70.70' 13.96' S 48 54,54" W S 50 23'51" W 47.30' 41.74 S 48'5454" W FOUNTAIN DRIVE 14.30' (VARIABLE WIDTH R/W) (FORMERLY GREENWOOD DRIVE) 80 0 80 (M.S. 21, PG. 41)(M.B. 90, PG. 46) (M.B. 36, PG. 51A) GRAPHIC SCALE SCALE: i"=ao' STREET CLOSURE KMBIT SHEET 1 of 2 OF 06f25/2028 AN UNIMPROVED PORTION OF FOUNTAIN DRIVE ADJACENT TO LOT 16-A RESUBDIVISION PLAT OF LOT 15, BLOCK 1, MAP OF BEECHWOOD (M.B. 8, PG. 43) & LOTS 1, 2, 3, PARCELS Landscape Architecture 'A' & 'B' OF MAXEY MANOR (M.B. 36, PG. 51A) Landeyng Cm Engineering vrphite.conn (IN. 20230700107) 241 MUSTANG TRAIL. SUITE E GR41A BEACH, VIRGINIA tlACX. YId GINI♦ 13157 VIR� Y VIR�GINIA CAD/chk: BKM/eag CITY OF VIRGMU BEACH, VA I I PLAT:M-627 F 225-0284 LOT# OWNER(S) - N/F GPIN REFERENCE(S) ❑1 PARCEL A, HILLTOP STATION CO. 2407-47-0079 I.N. 202100000020 (PLAT) BLOCK 1 I.N. 20201009000959510 EASTWOOD VILLA DAVID GLENN BUNTING, APARTMENTS HEATHER BUNTING FLOHR 2407-47-3013 M. . 9 2026 46 (PLAT} I. SECTION AND GAY P. MILLER N. 03034589 THREE DAVID GLENN BUNTING, PARCEL A-1 HEATHER BUNTING FLOHR 2407-47-5141 M.B. 90, PG. 46 (PLAT) AND GAY P. MILLER I.N. 202603034589 p� LTH t r�Gl RIC gRNER LAC. 2904 SURv��o SCALE: NTS STREET CLOSURE EXHIBIT SHEET' 2 OF 2 li OFJUNE 25, 2026 AN UNIMPROVED PORTION OF FOUNTAIN DRIVE ADJACENT TO LOT 1B—A RESUBDIVISION PLAT OF LOT 15, BLOCK 1, MAP OF BEECHWOOD (M.B. 8, PG. 43) & LOTS 1, 2, 3, PARCELS � 'A' & 'B' OF MAXEY MANOR (M.B. 36, PG. 51A) (IN. 20230700107) z w m a►�75era�u'z°i�' VIRGINIA BEACH, VIRGINIA NAD/chk. BKM/eag CITY OF VIRGMU BEACH, 71PLAT:M-627 JN:225-0284 Agenda Item • Applicant: •. Land Trust Planning Commission Public • •' CouncilCity District • Project Details Request Street Closure (a 2,679-square-foot portion of the unimproved Fountain Drive right-of-way) Staff Recommendation Approval r_ Staff Planner Alexis Bailey AdjacentAddress �;' 1 `Sri [LEWR 1945 Laskin Road ff wwoR Adjacent GPIN *�+� '''` .- ;cl' _ s j 2407473331 Site Size �o"�rr_ I' ` ta+,�,,hu sErcK etw 1 2,679 square feet IT u RE�crr aro ry AICUZ Greater than 7S dB DNL; APZ-1, APZ-2 Watershed Chesapeake Bay { Existing Land Use andZoning District Unimproved right-of-way �. Surrounding Land Uses and Zoning Districts 1 1= . North '# Office/ B-2 Community Business f' South Townhouses J A-18 Apartment East4. Office/ B-2 Community Business West Office/ B-2 Community Business Pitsilides Land Trust Agenda Item 6 page 1 of 10 Background & Summary of Proposal • The applicant is requesting to close the northern portion of the unimproved right-of-way of Fountain Drive adjacent to 1945 Laskin Road.The area proposed for closure equates to approximately 2,679 square feet. • When the adjacent parcel, 1945 Laskin Road, was subdivided by plat into 5 lots in 1954(Map Book 36, Page 51), the terminus of what was then known as Greenwood Drive (now Fountain Drive)was platted as a means to provide access to each of the 5 lots. • A resubdivision plat for 1945 Laskin Road was recorded in 2023 (Instrument Number 202307000107), combining the 5 lots from the 1954 plat into a single parcel with frontage along Laskin Road and Maxey Drive. As such, the terminus of Fountain Drive is no longer needed for access. Zoning • There is no previous Zoning History i B2 A18 Al2 Application Types CUP: Conditional Use Permit MDP:Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON:Nonconforming Use LUP: Land Use Plan CRZ:Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC.Modification of FVR:Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • . • As required by City Code,a Viewers' Meeting was held on August 3, 2026, that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development, and the City Attorney's Pitsilides Land Trust Agenda Item 6 page 2 of 10 Office, to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. Based on the consideration above,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant,or the applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Pitsilides Land Trust+ Agenda Item 6 page 3 of 10 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, October 6, 2026 and October 13, 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 October 5, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.90v/city-council on October 16, 2026. Pitsilides Land Trust Agenda Item 6 page 4 of 10 ClosureStreet • NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY 'LTH �l'Gr CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR MY OTHER THAN GENERAL REFERENCE. �Gz RIC ARNER a �4 9�a� ROAD zaoa S4PV`;g L A SKIABLE WIDTH R/W) 1 aaizs7�ozs (S,H.P.B. 2, PGS. 56 7, PG.do G. 9�jr p p (D.B. 389, PG. 72)(D.B. 37 1597) S U 1 N 45'10D6 R=5084.64' R=20.00' L-- 128.14' L=31.85' LOT 16-A (62,240 SO. FT N/F OR 1,521 ACRES) N/F NNN REff, LP. 3 GEORGE PfTSIL DES, TRUSTEE OF I (I.N. 202603033984) THE PITSILiDES LAND TRUST p (IN. 202305000107)LOT 1 -A (D.B. 3029, PG. 411) N Q p (I•N. 2023-47- 33 W GPIN: 2407-47-1270 p y GPIN: 240747-31 , 3� 2 AREA OF PROPOSED S7REET N 1v CLOSURE 2,679 S4. fT. OR N '1, N 45'10'Jf'E 174,02' 0.062 ACRES) N 44'19 32' W -S 50'23 51" W o 57,37' 95.20' N 39 2744" P/ S 83'54 09" F-� - 3j•69 18.N 02'40 E S 48'54 54" W 8.62' 203,56' 4 7.80 5.70' S 50'23 51' W 189.60' S 4734 02' W S 50 23 51' W 70.70' 13.96' S 48'54 54' W S 50 23 51" W 4730' 41.74' S 48 54 54' W FOUNTAIN DRIVE 14.30' (VARIABLE WIDTH R/W) (FORMERLY GREENWOOD DRIVE) 60 o 80 (M B, 21, PG. 41)(M.B. 90, PG. 46) (M8 36, PG. 51A) GRAPHIC SCALE SCALE: 1"=80' STREET CWSURE EXHIBIT SHEET i OF 2 OF 06/25/2026 AN UNIMPROVED PORTION OF FOUNTAIN DRIVE ADJACENT TO LOT 18-A RESUBDIVISION PLAT OF LOT 15, BLOCK 1, MAP OF BEECHWOOD (M.B. 8, PG. 43) & LOTS 1, 2, 3, PARCELS 'A' & 'B' OF MAXEY MANOR (M.D. 36, PG. 51A) (IN, 20230700107) '40 HIA SIAC � INO .a„�. VIRGINIA BEACH, VIRGINIA Y41 MU,♦AIR X.Yi,6/MI•.11 a UD shb B e CITY OP VIRGINU BEACH, VA PLAYS M-627 1 JN:22E-0284 Pitsilides Land Trust Agenda Item 6 page 5 of 10 Site Photos Al.• •� 1 ,f� T'� .i v . ti a. Site Photos J T k l - � V fir'-• � •3:'♦ K Disclosure VIRGINIA Disclosure 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 low. Completion and submission of this form is required for oll applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application The Pitsilides Land Trust Is Applicant also the Owner of the subject property? YesO Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)N.0 if yes,name Representative: R, Edward Bourdon, Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity?relationship with the applicant.(Attach list if necessary,) Gearge Pitsilides,Trustee Does the subject property have a proposed or pending purchaser? Yes U No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes©No • If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity ondfor 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 e Disclosure Statement l rev. May-2024 page 1 of 3 Pitsilides Land Trust Agenda Item 6 page 8 of 10 Disclosure APPLICANTSECTION 1: SERVICE YES NO SERVICE PROVIDER Name entity and/or Individual Accounting/Tax Return Preparation O Q Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 OEngineer/Surveyor/Agent O Eric Garner,WPL Legal Services o R Edward Bowdon Jr,.Esq,Sy9kes,Baadort 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,VBOA,CBPA, Wetlands Board or any public body or committee in connection with this application. �r�tiGidef George Pitsilides, Trustee i5emae 06/29/2026 Applicant Name(Print) Applicant Signature Date 1 Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101, 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiaryrelationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(h) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the 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 at-otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Pitsilides Land Trust Agenda Item 6 page 9 of 10 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. Pitsilides Land Trust Agenda Item 6 page 10 of 10 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #6 Pitsilides Land Trust Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on the consent agenda is Item 6, and that is Pitsilides Land Trust. Welcome back, Mr. Bourdon. Mr. Bourdon: Good, good to be back again. Eddie Bourdon, Virginia Beach attorney, representing the Pitsilides Land Trust. I thank Alexis for her work on the application. The four conditions,as recommended in your staff report,are acceptable to my clients,and appreciate being on the consent agenda. 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 Plumlee to read it into the record. Mr. Plumlee: Thank you. This is a request by Pitsilides Land Trust for street closure at 1945 Laskin Road, the street closure is for 2,679 square feet. It was viewed by city staff. It does not appear to interfere with any public use. Therefore, it's been recommended for the consent agenda. Ms. Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirelj; which may not have directly followed the above discussion in this docianent) 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. 1 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? Cle;-k: The vote is open. Commissioner Mooriani 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. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant, or the applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 730 days of approval by City Council. If the conditions.noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the right-of-way this approval shall be considered null and void, 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 far crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. R 1 0 LIV R10 V Ln G Cs r r� a B2 i z cv o z m 11 � 11 I.1 0 B2 R10 � BELLS y� RIO 11 ® site Prime Storage Bells Ridge, LLC 0 Zoning 1050 Bells Road 0 Property Polygons Feet 0 45 90 180 270 360 Map created by Planning Department on 9/8/2026 From: Kelvin Morales To: Alexis Bailey Subject: RE: Prime Storage CUP/Modification Date: Monday,October 12,2026 1:15:26 PM Attachments: image.ong CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, Alexis, I hope you are doing well. I am writing this email to you and your office to formally withdraw the Conditional Use Permit and Modification of Proffers applications for Prime Storage Bells Ridge, LLC from the City approval process. Please let us know that this withdrawal has been accepted for the application(s) or whether additional information needs to be provided at your earliest convenience. Thank you, Kelvin Morales, P.E. Project Manager AES Consulting Engineers EFS CtNaSW Et+0f*fRS 816 Greenbrier Circle, Suite F Chesapeake, Virginia 23320 Office (757)410-7436 aesva.com AES Consulting Engineers Confidentiality Note:This e-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient,be aware that any disclosure,copying,distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error,please notify us immediately by returning it to the sender and deleting this copy from your system.Thank you for your cooperation. A Please consider the environment before printing this email. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRIME STORAGE BELLS RIDGE, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning and Conditional Use Permit(Bulk Storage Yard) for the property located at 1050 Bells Road (GPIN 2416581162). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 20, 2026 ■ Background: The applicant is requesting a Modification of Proffers and a Conditional Use Permit for a Bulk Storage Yard in order to develop the site with covered storage for commercial and recreational vehicles. The site is located within the greater than 75 dB noise zone and the 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 zone and APZ-2. On February 7, 2017, a Conditional Rezoning from R-10 Residential District to Conditional 1-1 Light Industrial District was granted on the site. The proffers approved at that time specified that the site shall not be used for the storage of motorized vehicles. As the current proposal includes the storage of motorized vehicles, a Modification of Proffers is required. All vehicles will be stored beneath roofed structures which will be 22 feet, 10 inches in height and will be made with a corrugated metal roof and siding. The Zoning Ordinance requires the Bulk Storage Yard area to be enclosed by Category VI screening. The proposed Bulk Storage Yard will be fully enclosed with a seven-foot-tall solid privacy fence with Category I plantings. The applicant is requesting a deviation from the required landscaping requirements specific to the installation of plantings along portions of the east and west property lines where the subject property abuts parcels zoned 1-1 Light Industrial District, which have established landscaping in these areas. The conceptual Landscape Plan depicts the required 25-foot-wide landscape buffer along all property lines that abut the adjacent R-10 Residential District. Additionally, the proffered conceptual plan depicts the installation of a 5-foot-wide sidewalk along Bells Road. ■ Considerations: The property is identified in the imagineVB 2040 Comprehensive Plan as within an Industrial and Logistics Place Type, which is an area designed to provide a well- Prime Storage Bells Ridge, LLC Page 2 of 4 landscaped, buffered setting for large-scale industrial, logistics, and warehousing uses, along with supporting services and retailers. The proposed Bulk Storage Yard is consistent with the Comprehensive Plan's land use policies for this area, as the majority of the land in the vicinity is envisioned for commercial and industrial uses and, more specifically, uses that are compatible with Naval flight operations. Staff received four letters of opposition, and there were four speakers in opposition at the Planning Commission hearing citing concerns about the compatibility of the use with the adjacent properties and the Seatack Neighborhood, safety, and impacts to stormwater, lighting, noise, and trash. 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 denial of this request by a vote of 10 to 0. If the City Council chooses to approve the request, Staff recommends the following conditions: Modification of Proffers Proffer 1 Upon development, the Property shall adhere to the site layout, parking configuration, building design, setbacks, dimensions, sidewalk, and landscaping as generally shown and described in the exhibit titled "Prime Storage Commercial Vehicle Parking," dated March 2, 2026 prepared by AES (the "Concept Plan"). This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. Proffer 2 When the Property is developed, the parking structures depicted on the Concept Plans shall have the general architectural design, appearance, height and exterior building materials as depicted on the exhibit labeled "Site Plan & Elevations VA20 Bells Rd. RV Storage- Bells Rd, VA" dated July 22, 2026 which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). Proffer 3 When the Property is developed, the freestanding sign depicted on the Concept Plan shall be an externally lit, monument style sign not exceeding eight feet (8') in total height, which will be constructed using materials of a color and quality that is substantially similar and compatible with that used on the exterior of the buildings developed on the Property. An elevation depicting and describing the monument style sign shall be submitted to the Planning Director for approval prior to issuance Prime Storage Bells Ridge, LLC Page 3 of 4 of a permit for its construction or installation. A permit shall be obtained from the Planning Department, Zoning Division, for any signage located on the Property. Proffer 4 When the Property is developed, there will be no permanent dumpster location on the Property. Proffer 5 When the Property is developed, a photometric (i.e. lighting) plan shall be submitted for review and approval with the Site Plan to confirm that all lighting will be shielded and directed downward to limit the amount of light overspill outside the property boundary. Proffer 6 When the Property is developed, a detailed landscape plan shall be submitted for review and approval with the Site Plan which is reflective of the plantings depicted on the Concept Plan. Proffer 7 When the Property is developed, the property shall be used only for the covered parking of recreational and commercial vehicles. No repair or maintenance of vehicles shall occur on the Property. Proffer 8 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditional Use Permit for Bulk Storage Yard 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Prime Storage Commercial Vehicle Parking," dated March 2, 2026, prepared by AES (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The site shall be developed in substantial conformance with the conceptual landscape plan entitled, "Conceptual Landscape & Lighting Plan for Prime Storage Commercial Vehicle Parking," dated March 2, 2026, prepared by AES, 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. 3. The covered parking structures shall be developed in substantial conformance with the exhibit labeled "Site Plan & Elevations VA20 Bells Prime Storage Bells Ridge, LLC Page 4 of 4 Rd. RV Storage- Bells Rd., VA" dated July 22, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). 4. The fencing shall be developed in substantial conformance with the exhibit entitled "Site Details VA20 Bells Rd RV Storage — Bells Road, VA" dated August 13, 2026, prepared by bwd architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 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. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 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 Letters of Opposition (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: Agenda • Applicant i Property Owner: Prime Storage Bells Ridge, - Planning Commission Public • •' • 2026 V_B� CouncilCity • Project Details Requests Modification of Proffers ST �. �7p""f Conditional Use Permit (Bulk Storage Yard) 71 1_ < �7 Staff Recommendation Approval " .� ` ,--E' Staff Planner i Alexis '�-Bailey _- Location Ja= 1050 Bells Road GP/N L� 2416581162 Site Size 1.97 acres - J A/CUZ Greater than 75 dB DNL; APZ-2 Watershed Atlantic Ocean k, Existing Land Use and Zoning District N ' Vacant lot/ 1-1 Light Industrial ' Surrounding Land Uses and Zoning Districts mI North r Single-family dwellings/ R-10 Residential South Bells Road Wooded parcel/ R-10 Residential East Industrial office, single-family dwelling/ 1-1 Light ' Industrial, R-10 Residential West Industrial office, single-family dwelling/ 1-1 Light Industrial, R-10 Residential Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 1 of 18 Background ► SummaryofProposal • The applicant is requesting a Modification of Proffers and a Conditional Use Permit for a Bulk Storage Yard to develop the site with covered storage for commercial and recreational vehicles on this 1.97-acre 1-1 Light Industrial District zoned parcel. • The site is located within the greater than 75 dB noise zone and the 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 zone and APZ-2. • On February 7, 2017, a Conditional Rezoning from R-10 Residential District to Conditional 1-1 Light Industrial District was granted on the site. The proffers approved at that time specified that the site shall not be used for the storage of motorized vehicles. As the current proposal includes the storage of motorized vehicles, a Modification of Proffers is required. • All vehicles will be stored beneath roofed structures which will be 22 feet, 10 inches in height and will be constructed with a corrugated metal roof and siding. • 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 proposed Bulk Storage Yard will be fully enclosed with a seven-foot-tall solid privacy fence with chain-link security gates and landscape maintenance gates with Category I plantings.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 9 of this report, includes a seven-foot-tall fence; however, the applicant is requesting a deviation to the installation of plantings along portions of the east and west property lines.The portions of the property lines are adjacent to parcels zoned 1-1 Light Industrial District which already have landscaping, and as such, the applicant believes additional plantings in these areas are unnecessary. • Per Section 1003 (a) of the Zoning Ordinance, when a zoning lot within an 1-1 Industrial District adjoins a residential district without an intervening street, alley or body of water over twenty-five (25) feet in width, a twenty-five-foot minimum yard containing Category II landscape screening shall be required along all lot lines adjoining the residential district. 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 fence rendering has been provided, depicting a seven-foot-tall, composite board-on-board solid privacy fence, as recommended in Condition 3. • The installation of a five-foot-wide sidewalk is proposed along Bells Road, as shown on the proffered conceptual site plan. Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 2 of 18 Zoning History # Request R10 1 CUP (Bulk Storage Yard) Approved 02/15/2022 ocos L CRZ (R-10 Residential to Conditional 1-1 Light N 2 Industrial)Approved 02/07/2016 R10 8 SVR Approved 04/11/2000 B2 3 3 CRZ (R-10 Residential to Conditional 1-1 Light Industrial)Approved 10/12/2006 5 I1 4 CUP (Bulk Storage Yard)Approved 04/12/2005 1 CRZ (B-2 Community Business & R-10 5 Residential to Conditional 1-1 Light Industrial) Approved 07/13/2004 BE1.1.5 RD 6 SVR Approved 10/09/2001 R10 7 CUP(Communication Tower) Approved --I 12/11/2000 8 SVR Approved 03/26/1996 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 • • • In Staff's opinion, this request for a Modification of Proffers and Conditional Use Permit to operate a Bulk Storage Yard for the covered storage of commercial and recreational vehicles is acceptable. The property is located within the greater than 75 dB DNL noise zone and the APZ-2.The property is also identified in the imagineVB 2040 Comprehensive Plan as within an Industrial and Logistics Place Type which are areas designated to provide a well-landscaped, buffered setting for large-scale industrial, logistics, and warehousing uses, along with supporting services and retailers. The proposed Bulk Storage Yard is consistent with the Comprehensive Plan's land use policies for this area, as the majority of the land in the vicinity is envisioned for commercial and industrial uses and, more specifically, uses that are compatible with Naval flight operations. The site is located adjacent to residential properties at the rear of the site and in order to minimize the impact of the proposed facility to from the residences the applicant has worked with staff to revise the renderings of the proposed coverings to improve the look of the structures, incorporating a pitched roof with an overhang. Additionally, the proffered Landscape Plan depicts the required 25-foot-wide Category II landscape buffers adjacent to all neighboring residential properties. Said buffers are heavily landscaped with a mix of evergreen Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 3 of 18 and deciduous trees and shrubs designed to provide both a physical and visual separation of uses. Furthermore, a seven-foot-tall solid privacy fence is proposed around the entire perimeter of the Bulk Storage Yard, exceeding the minimum fence height required by the Ordinance. As stated previously, the applicant is requesting a deviation to the required landscaping through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." In Staff's view, the requested deviations to the required landscaping along portions of the east and west property lines. The portion of the property lines are adjacent to parcels zoned 1-1 Light Industrial District and which already have landscaping as such the applicant believes additional plantings in these areas are unnecessary. Staff concludes that the proposed deviations to this requirement are acceptable and recommends approval. In Staff's view, the proposed use is compatible with the other industrial uses located along Bells Road and is deemed compatible with Naval flight operations. As the subject property is subject to a Navy Restrictive Easement, the applicant was made aware that an Easement Compliance review should be conducted through the Department of the Navy to ensure the proposed use is consistent with the language of the restrictive easement . This is considered a private matter between the property owner and the Navy. As recommended by Parks and Recreation staff, the applicant has proposed the installation of a five-foot-wide sidewalk along Bells Road to improve and enhance pedestrian movement and safety. Based on these considerations, Staff recommends approval of this application, subject to the proffers and conditions listed below. LQ The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 Upon development, the Property shall adhere to the site layout, parking configuration, building design, setbacks, dimensions, sidewalk, and landscaping as generally shown and described in the exhibit titled "Prime Storage Commercial Vehicle Parking," dated March 2, 2026 prepared by AES (the "Concept Plan"). This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. Proffer When the Property is developed, the parking structures depicted on the Concept Plans shall have the general architectural design, appearance, height and exterior building materials as depicted on the exhibit labeled "Site Plan & Elevations VA20 Bells Rd. RV Storage- Bells Rd, VA" dated July 22, 2026 which has been exhibited Prime Storage Bells Ridge, LLC Agenda Items 8& 9 page 4 of 18 to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). Proffer When the Property is developed, the freestanding sign depicted on the Concept Plan shall be an externally lit, monument style sign not exceeding eight feet (8') in total height, which will be constructed using materials of a color and quality that is substantially similar and compatible with that used on the exterior of the buildings developed on the Property. An elevation depicting and describing the monument style sign shall be submitted to the Planning Director for approval prior to issuance of a permit for its construction or installation. A permit shall be obtained from the Planning Department, Zoning Division, for any signage located on the Property. Proffer 4 When the Property is developed, there will be no permanent dumpster location on the Property. Proffer When the Property is developed, a photometric (i.e. lighting) plan shall be submitted for review and approval with the Site Plan to confirm that all lighting will be shielded and directed downward to limit the amount of light overspill outside the property boundary. Proffer 6 When the Property is developed, a detailed landscape plan shall be submitted for review and approval with the Site Plan which is reflective of the plantings depicted on the Concept Plan. Proffer 7 When the Property is developed, the property shall be used only for the covered parking of recreational and commercial vehicles. No repair or maintenance of vehicles shall occur on the Property. Proffer 8 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Prime Storage Commercial Vehicle Parking," dated March 2, 2026, prepared by AES (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The site shall be developed in substantial conformance with the conceptual landscape plan entitled, "Conceptual Landscape & Lighting Plan for Prime Storage Commercial Vehicle Parking;" dated March 2, 2026 prepared by AES, 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. Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 5 of 18 3. The covered parking structures shall be developed in substantial conformance with the exhibit labeled "Site Plan & Elevations VA20 Bells Rd. RV Storage- Bells Rd, VA" dated July 22, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). 4. The fencing shall be developed in substantial conformance with the exhibit entitled "Site Details VA20 Bells Rd RV Storage— Bells Road, VA" dated August 13, 2026, prepared by bwd architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 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. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 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 site falls within Historic Seatack, the Accident Potential Zone-2 (APZ-2), and within an Industrial and Logistics Special Use. A goal of the Industrial and Logistics Place Type is "provide a well-landscaped, buffered setting for large-scale industrial, logistics, and warehousing uses, along with supporting services and retailers" (p. 167,imagineVB 2040 Comprehensive Plan). Additionally, as the site is located within Historic Seatack "new Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 6 of 18 development should respect the historic settlement of this area and should be compatible with the neighborhood" (p. 92, imagineVB 2040 Comprehensive Plan). Natural : Cultural ResourcesImpacts The site is located in the Atlantic Ocean. 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 2-0 ADT No recent traffic Bells Road counts available for 9,900 ADT 1(LOS 4"D") Proposed Land Use 3—There is no this section of Bells trip generation information Road. available for outdoor bulk storage of vehicles. ' Average Daily Trips 'As defined by a 3As defined by an 4LOS = Level of vacant site outdoor bulk storage Service of vehicles Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Bells Road in the vicinity of this application is considered a two-lane undivided local street. There are no roadway CIP projects slated for this area. This roadway is not included in the MTP. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Water&Sewer The site is connected to city water and sanitary sewer.There is a 10-inch city water main and an 8-inch city sanitary sewer gravity main along Bells Road. Prime Storage Bells Ridge, LLC Agenda Items 8& 9 page 7 of 18 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, October 6, 2026 and October 13, 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 October 5, 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 16, 2026. Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 8 of 18 Proposed Site Layout 11 H-11 Arl , 20 hi. O .......... fit Prime Storage Bells Ridge, LLC Agenda Items 8&9 page 9 of 18 ■ ii I iiI iN ■ IlI:,W 0 �■ � � I Q i _ I 9 I I � 1 pit t s y Proposed Landscape Plan �e g; 0 Imo,- 4 - I yg a (S ('-' 4 7 l Prime Storage Bells Ridge, LLC Agenda Items 8 &9 page 10 of 18 McIA Roof C-m ed Meld Sdng Roof H' Pt Rod MM Pt M11ow Drupoul 8 _. b i/P001 Sodh 9evaMon 2/PODI North Elevation r�,,„,...• 1 �— r 74 a� Rod R — - ...._ b r t PJ h - I 3/1`001 East Elevation Comigcre:: structure Maki Roof Beyond __•. „_._ Roof M hM Architectural Site Plan p o < cant Iete ease 4/1`001 West Elevation LAbwdarchiteets SP-001 Site Plan & Elevations LA P1ANN�NG • AR ,: 07/22/2025 VA20 Bells Rd RV Storage - Bells Road, VA D v vo oa rD m M w C- rn v — °' — to 0o r•+ rD rD z 3 n -- Lnas o CO fD N Q° rr- 00 (�D n Fence Rendering 1]-1111,111 lift I it f--------------------- MIN 16;........... ,.'4 VERTICAL PIVOT GATE PLAN DETAIL PIVOT GATE ELEVATION GATE ELEVATION&PLAN DETAIL r aA I�PLAL MAN GATE BOARD ON BOARD PRIVACY FENCE TYP.ELEVATION FENCESECTION _v* bwdarchitects P-53 500 Site Details I"z Y6Z"ells Rd RV Storage- Bells Road,VA 06/1 /2026 Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 12 of 18 Site Photos Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 13 of 18 Disclosure CITY OF Disclosure 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. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Prime Storage Bells Ridge LLC 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: Anthony KOUardaoughli Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@No4 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) tt Operations Agreement Does the subject property have a proposed or pending purchaser? Yes U No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No@ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, Q0 Citibank and Societe Generale(motgagees) cross-collateralization,etc.) Real Estate Broker/Agent/Realtor © NIA Disclosure Statement I rev. May-2024 page 1 of 3 Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 14 of 18 Disclosure SECTION APPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation (i) O KFMG Architect/Designer/Landscape O 0 BV/D Architects-James Dankovlch Architect/Land Planner Construction Contractor (j) O Marko Rabco-Darrell Betley Engineer/Surveyor/Agent O AES Consulting Engineers-Kelvin Morales Legal Services 0 Williams Mullen-Grady A. Palmer APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Robert Moser- Manager 9/12/2& 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. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors thatshould be considered in determining the existence of an affiliated business entity relationship include that the same person orsubstantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 9/30/2026 Alexis Bailey -a1ha 9/301/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 15 of 18 Disclosure IN WITNESS WHEREOF, the undersigned have executed this Agreement to be effective as of the date and year first above written. MEMBER: PRIME STORAGE FUND 11,LP By:Prime Storage Fund II GP,LLC, its General Partner By: Name: Rob Moser Title: Man ger MEMBER: PRIME STORAGE FUND If IDF,LP By:Prime Storage Fund lI GP,LLC, its General Partner By: t - Name: Robert oser Title: Manag r MEMBER: PRIME STORAGE SOUTHEAST SPV,LLC By:Prime Storage Fund It GP,LLC, its Manager By: Name: RobeMoser Title: Man T er [Signature page to Limited Liability Company Agreement of Prime Storage Bells Ridge,LLC] Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 16 of 18 Disclosure MANAGER: PRIME STORAGE FUND 11 GP,LLC By: Naive: Ro Moser Title: Ma lager SPRINGING MEMBER: Robert 1.r r /Signature page to Limiled Liability Company Agreement ojPrime Storage Bells Ridge,LLC] Prime Storage Bells Ridge, LLC Agenda Items 8 & 9 page 17 of 18 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. Prime Storage Bells Ridge, LLC Agenda Items 8& 9 page 18 of 18 Prepared by: Grady A.Palmer.(VSB 45730) Williams Mullen 222 Central Park,Ave.Suite 1700 Virginia Beach, VA 23462 AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS, AND CONDITIONS PRIME STORAGE BELLS ROAD,LLC,a Delaware Limited Liability Company: TO (PROFFERED COVENANTS,RESTRICTIONS, AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia GP1N:24165811620000 AGREEMENT THIS AGREEMENT("Agreement") is made as of the__Lp day of , 2026, by and between PRIME STORAGE BELLS ROAD,LLC, (together with its successors and/or assigns, the "Grantor"), to be indexed as grantor, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(the"Grantee";together with the Grantor, collectively, the"Parties"), to be indexed as grantee. WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach,Virginia identified by GPIN No.24165811620000,as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the "Property"); WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to modify proffers associated with the existing Conditional I-1 zoning district; WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,the following conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, to be incorporated as a part of and to replace the proffers associated with the previously adopted amendment to the Zoning Map; i i I 1 WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, fiirther, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers(collectively, the "Proffers")shall constitute covenants running with said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns,grantees and other successors in interest or title,namely: 1. Upon development,the Property shall adhere to the site layout,parking configuration, building design, setbacks,dimensions, sidewalk,and landscaping as generally shown and described in the exhibit titled "Prime Storage Commercial Vehicle Parking," dated March 2,2026 prepared by AES (the "Concept Plan"). This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, and is incorporated herein by reference. 2 2. When the Property is developed,the parking structures depicted on the Concept Plans shall have the general architectural design,appearance, height and exterior building materials as depicted on the exhibit labeled "Site Plan &Elevations VA20 Bells Rd. RV Storage- Bells Rd,VA"dated July 22, 2026 and which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"), and is incorporated herein by reference. 3. When the Property is developed, the freestanding sign depicted on the Concept Plan shall be an externally lit, monument style sign not exceeding eight feet(8')in total height, which will be constructed using materials of a color and quality that is substantially similar and compatible with that used on the exterior of the buildings developed on the Property.An elevation depicting and describing the monument style sign shall be submitted to the Planning Director for approval prior to issuance of a permit for its construction or installation.A permit shall be obtained from the Planning Department, Zoning Division,for any signage located on the Property. 4. When the Property is developed,there will be no permanent dumpster location on the Property. 5. When the Property is developed, a photometric(i.e. lighting)plan shall be submitted for review and approval with the Site Plan to confirm that all lighting will be shielded and directed downward to limit the amount of light overspill outside the property boundary. 6. When the Property is developed, a detailed landscape plan shall be submitted for review and approval with the Site Plan which is reflective of the plantings depicted on the Concept Plan. 7. When the Property is developed,no repair or maintenance of vehicles shall occur on the Property. 8. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and 3 administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia("CZO"), in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach,Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. This Agreement constitutes the full and entire agreement between the Parties with regard to the subject matter hereof and supersedes any other prior promises, representations or warranties (oral or otherwise)made by any person. IN WITNESS WHEREOF, the Parties have authorized and duly executed and delivered this Agreement as of the date first above written. SIGNATURE ON FOLLOWING PAGE 4 GRANTOR: PRIME STO 41ELLS RIDGE, LLC By; 7 Robert ser,Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing Agreement was acknowledged before me in the jurisdiction aforesaid this `T day of 2026, by Robert Moser, Manager of Prime Storage Bells Ridge, LLC. My commission expires: Notary Registration No.: Notary Public �� 'b�P co 5 Exhibit A ALL THAT certain lot pieces or parcel of land with the buildings a nd improvements thereon, situate,Iying and being in the City of Virginia, Beach, Virginia, and being known,numbered and designated as Lot T_2A as shown that certain plat entitled 'RESUBDIVISION PLAT OF LOTS T-2,T-3, & T-4 n ' SUBDIVISION OF PARCEL'T'HEIRS PG. 95),which said plat is duly recorded in the Clerk's Office of the Circuit ' OF OTIS TAMES FARRER(M,B. 285 for the City of Virginia Beach, Virginia in Instrument No. 20180511000388780 Court s IT BEING the same property conveyed unto Birdneck Storage 2,L.L.C., a Virginia limited liability company by deed from Andrea C.Hill and James C. Gehring, her husband and Thomas Farrar,unmarried,dated November 17,James and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument No. 20151202001159420. 6 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #8 & 9 Prime Storage Bells Ridge, LLC Recommendation: RECOMMENDED FOR DENIAL Discussion Mr. Plumlee: Mr. Chair, I apologize for interrupting again, but I received a request from a local community leader whose mother-in-law passed away last night and has an emergency. They intended to come and address Items 8 and 9. I'm therefore going to recommend this item for deferral. Is there anyone here that came to discuss Items 8 and 9, which is Prime Storage, Bells Ridge Road? Okay. Is there any objection? I don't know if you want to ask them if they have an objection to a deferral of this item. Mr. Coston: I don't think he could make that assumption. Mr. Plumlee: Yeah,we should probably go ahead and proceed with the hearing. We've got that many speakers. Thank you. I'll wait until the hearing. Thank you. (The following dialogue reflects the discussion to for agenda items 8 & 9, Prime Storage Bells Ridge, LLC, which may not have directly followed the above discussion in this document) Clerk: Our next items are Items 8 and 9. Prime Storage,Bells Ridge, LLC. Mr. Morris: Hello, Commission. My name is Kelvin Morris. I'm from AES Consulting Engineers. I'm the representative for Prime Storage, Bells Ridge, LLC. My application is asking for a conditional use permit to allow a bulk storage yard and a modification of proffers to allow for vehicle storage on that yard. I think there's a miscommunication with this application of bulk storage yard. That is what the city classifies this as. What it is a 68 space parking lot for commercial and recreational vehicles. These are per our client. Our operation hours are 7 to 7, Monday through Sunday. They are going to be key locked, and it's a self-sufficient site. They will be given a key code. They will come in. They will. Drop off their vehicle and they will leave. That is what we have done. We've,we've been asked to do here. We have had some opposition, and I've been able to review that opposition. A lot of their comments seem to be interpreted as. We're going to be a bulk storage yard, as in we're going to hold materials on site. That is not what they are proposing for this site. They,they do not want to have commercial, large commercial vehicles. This is really for recreational boats, for RVs,things of that nature. We had some opposition from, I believe, 1053 Olds Road and 1049 Olds Road, which they. Had some questions about the drainage pattern on site. They expressed that there is a lot of flooding that happens on Olds Road and probably their backyard area. With this application,we should be improving that condition. We are providing, we're going to provide stormwater per the state and local regulations for the site. And about half of the site currently drains to the back and. We are taking every from the building, from all the buildings forward to Bells Road rather than Olds Road, so the drainage condition should be approved or improved from that. Additionally,we are providing landscaping along the back. There is an existing drainage easement there. That easement is meant to, we believe, is meant to take our what used to be a part a parcel. That was adjoining this one, to the Olds Road. There's a catch basin at the back end of 1049 Olds Road, Olds Lane, and that is what we believe. That easement was to take that front parcel,which is currently a commercial lot,and take it to that that inlet. That commercial lot has taken,has done their own stormwater and has taken everything to the front of their site. So the easement is no longer needed. We're asking to they to vacate that easement and to provide a 5-foot easement for the drainage ditch that appears to be behind some of the residential homes there. And then we would like to extend a 30-foot landscape easement from that 5-foot easement. Allowing thirty-five feet. That landscaping should also assist with the drainage pattern, as the trees would assist in providing somewhere for the water to go. Additionally, we had some questions about the homes and some solar issues. They read the plan and saw that there was a thirty-5-foot allowed building height. That is not what we are proposing. We are proposing. I believe the canopy piece would be 22 feet 10 inches. From that is about the same as a 2-story building. Their solar is on the second story of their house. I do not see there being any, any cause for that for them to be concerned that their solar would be blocked in any way. The trees in the neighboring areas would probably be more likely to do that than the building itself. They're also. Was some pushback about saving some of the trees along the north east portion of the property. Our client is more than welcome, is more than willing to save those trees and to add additional buffer to that area. It would be this bottom portion to the to the right. Overall,we. Are looking for. We are okay with the conditions as provided to us by the city staff,and we are looking to hopefully develop a site plan that will help with the area and the drainage. We also worked very closely with the staff to make sure that we meet as much of the Seatack requirements. When it comes to the way,the fencing --the look of the fencing and everything for the site. We're going to propose composite fencing,board on board, and everything will be gated and 7-foot tall fences. Mr. Coston: Thank you, Madam Clerk. Do we have speakers? Clerk: We have four speakers. Our first speaker is Scott Sonnier, followed by Robert Wilson. Mr. Sonnier: Okay. Good afternoon. My name is Scott Sonnier, and thank you for the opportunity to speak on this issue. Myself and my extended family,my mother, live at 1049 Olds Lane, 1053 Olds Lane, And that would be at the north and northeast corner of their lot, basically. So I border the northeast,or,I'm sorry,the east side. Mom borders the north side. We are opposed to the request for the conditional use permit and the modifications to the proffers. This is my fourth time in a public setting doing this. The first time in 2016,when the Planning Commission denied the application,and then in 2017 the City Council approved it,and we had a formal meeting or an informal meeting with the Seatack Civic League, where the Planning Commission and the applicants were there as well. So at the this proposed pre or re-proffering to now allowed for bulk, bulk storage and or commercial vehicles for RVs, boats, bulk materials. I understand what he's saying, but if it's not in writing, it wasn't said,right? So it wasn't in writing--would alter the existing plan,which was approved with the Proffers in 2017. As you are aware, the original rezoning of the land was not approved, and then was subsequently overturned by the City council, and it was approved. And so, according to the, as you're aware, the Comprehensive Plan 2040 approved in April of 2026. The Seatack community has been now designated as Seatack Historical District, And in there, there's a lot of recommendations for abutting type structures. New development should respect the historic settlement of this area and should be compatible with the neighborhood. A careful mix of compatible land uses should encourage, as new land uses are proposed, so as to contribute to the day-to-day life of the community residents. Use is incompatible with existing residential should be discouraged to minimize the impact of adjacent residential neighborhoods. Building and design should be visually interesting, encourage greater social interaction, and provide memorable character. All new development should be designed such that site drainage and stormwater does not negatively impact adjacent properties. The proffers that are in question, I believe, are proffer number one and two,which addresses the accepted structure elevations to be followed. Currently,these Mr.Bedan,the other attorney from earlier,he was the attorney involved in the original, and these are the original elevations for what is currently acceptable. So, Mr. Bedan and I,we talked a lot, and he said, "Hey, it's going to happen. Is this acceptable?" And we said, "Yes. You know, if it's got to happen,the least amount, let's mitigate those impacts." I'll get to further to those later on. Propers at this time,access with the current propers at this time, the access, parking setbacks, and building locations were noted in the various exhibits. The applicant is now proposing bulk storage, commercial parking lot. The original buildings had a back side with no entrance or egress,and they were set at thirteen and a half feet high. Now we're looking at so that would block what was happening on the property. Now,now,we're proposing. It says up to thirty-five feet. He's proposing twenty-two feet. I can tell you, a 2-story house. I just measured it today 25 feet. So basically,the roof is as high as the house. And so you're gonna. That's all you're gonna see out the back doors of, ten fifty, ten fifty three, and ten fifty seven old Slain. Those are both two stories. Property number four. Addresses, access times. Currently, the proper says 7 to 9 p.m. On weekdays, 8 to 8 on weekends, And so that was a big concern for the property owners as far as unencumbered family time, right? So basically, if you think of the winter, there's no unencumbered family time during daylight hours. Even in the winter, if they're proposing 6 a.m. To 10 p.m., So what if a guy comes in with a boat at 11 o'clock after striper fishing in the winter? He's going to want to put his boat away, Or if a an RV comes in, and RVs are typically what thirteen feet high,boats can be that high or higher, depending on the superstructure they have. So we're still at no encumbered time without the possibility of people being in our business. Proffer number six addresses lighting and overspill,with roofing up to 35 feet,22 feet or 23,and the large footprints of these structures. I think it would be naive to think that no light would come into to the neighboring, you know, houses and areas like that. And then,proffer number eight. When the property is developed,now this is the big one. I think because this is one that Mr. Bedan and I really worked on. When the property is developed,the property shall be used only for the storage of goods. It shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any purposes not consistent with the storage of goods. There shall be no exterior outside storage of motorized vehicles on this property. And so that that was in accordance to help with the Civic League and help with the Seatack community, and now we're looking at 68 possible spots for this. I think that's kind of unacceptable. Mr. Coston: Excuse me, sir. Your time is expired. If you got anything to close, Mr. Sonnier: Seven seconds. Mr. Coston: Okay. Mr. Sonnier: Yeah. Mr. Plumlee: Mr. Chair, I do have a question. If that was a good time? Okay. Was it, Mr. Sonnier? Did I have your name,right? Mr. Sonnier: Sonnier. Yes. Mr. Plumlee: Okay. I had said earlier in that hearing that there was a community leader from Seatack that's not able to attend, and they intended to come here and speak in opposition. At the informal, I suggested that we defer this 30 days to allow them the opportunity to appear because they had a family emergency last night. Is that something you would object to? I know you've been here a number of times, and you've,you've put in the record now your objections. But I just want to understand. You know, I'm being asked for that. I didn't know if that's something that you would object to. Mr. Sonnier: Sure. I mean, I think that's probably the best way to go. I, you know, I would certainly like for it to be decided today. But I understand the power of the Civic league, and unfortunately, Mr. Menz has since passed, and he was our chairperson of the Civic League or president. And Mr. Mr.Jackson,He,I don't know if he's still with us,but they were very vocal on this issue. Mr. Plumlee: Well, I think, and I asked that question only as a matter of convenience. Now to let you know that, I mean, it's. It would be my preference that this community leader be permitted to come and speak their piece,and that we not have a vote. And on the merits of the case until that time. It also may provide an opportunity for the applicant to reach out and see if there's more that can be done with this application. There may not be anything that's. That's attractive to you all, and I understand that entirely. And I'm not suggesting there would be,but I have that sense that it should be. We should afford them that opportunity to come and be heard. Mr. Sonnier: Right. Yeah, and I agree. I think we -- my big question would be: we? We've already battled this issue. Why are we battling it again? This,this has already been discussed and done, and here we are back again. Mr.Plumlee: As I've always learned, land goes nowhere. It's right there. Mr. Sonnier: That's it. Mr. Plumlee: It's there to greet us the next day. So,but I appreciate very much your patience for that. I don't know if the other speakers are here with you or they're separate,with separate groups. But we'll hear them all today if they want to be heard today. Mr. Sonnier: Right on. Thank you so much. Mr. Plumlee: Thank you. Ms. Schoonover: Could I ask a quick question before you go? Mr. Sonnier: Absolutely. Ms. Schoonover: If the project is in fact, as the applicant has described, where it's just RVs, people are probably not in and out too much. And if it's as described, when we were at the site visit, because I asked about noise and light and things like that, if it really isn't that active and it's not causing any kind of obstruction in terms of light and so forth,would you object to it then? Mr. Sonnier: Absolutely. Yeah, I think, and there's more issues aesthetically. It, it doesn't meet with what's currently there. Not, not that storage units would, but I think they're less invasive. And then if you just think of vehicles being on site, let's say they get all the vehicles on site, 68 RVs, boats, whatever, tractor, trailer. What's the average gas that's going to be in that? Twenty, thirty gallons times 68. That's eighteen hundred gallons. What happens if a fire happens? Right, that spreads. It'll be like the bow tie over off, Great Neck and. You know, a fire of that extent— not that the fire Department couldn't put it out—but there's issues there. What about people working on their vehicles? And that's why that was one of the things that,when we first came up with this, that no vehicles, no bans, is because when you work on vehicles, of course, you got— you might have waste there or something of that nature. You're gonna. People are going to be out there all the time for,and with the community,that's going to be in the business of the community all the time. Ms. Schoonover: Are you aware that they're not supposed to do that? It's not allowed with this project. You're just,you're just thinking, it's going to happen anyway. Mr. Sonnier: Absolutely. You know,human nature. Yeah,not supposed to do it. Not supposed to speed, but we all do it. Mr. Coston: Thank you, sir. You may be seated. Mr. Sonnier: Thank you. Clerk: Our next speaker is Robert Wilson, followed by Brian Keel. Mr. Wilson: Good afternoon, Commissioners. Mr. Coston: Please state your name for the record. Mr.Wilson: I'm sorry. My name is Robert Wilson. I'm a resident at 1056 Bells Road on the east side of the applicant's property. So first, I just want to say that. I listened to the hearing this morning and I heard Commissioner Plumlee's point about deferring to allow the Seatack Civic League to state their case. I think that's a good idea. Of course, Historic Seatack got designated as a national Historic community in 2023, and, you know, in line with the city's planning and the historic preservation documents that the city has, I think it's important that we hear from the civic leaders. We made multiple attempts to reach out, but apparently there's,there's family issues. So I'd be in favor of a deferral. I think I want to echo first some. Important points in addition to the historic district, not just the landscaping components, but that allowing this use, this type of use for this piece of land, does set a precedent for the continuing industrialization of historic area land, which can be a problem. Additionally, Commissioner Schoonover,one thing that you asked was,okay,if the applicant met the terms as they were,would the adjacent landowners be still in opposition,and I think that's yes for most of us, if not all,to the points that Mr. Sonnier's already delivered. But also that RV storage,you know,you think RV is essentially a mobile home. Bells Road is pretty widely known in law enforcement second precinct as an area that attracts homeless encampments. We've had residential and business problems with crime that includes attempted entry of homes, attempted assaults, entry into businesses. What's to stop any illegal action from taking place on that land? And I know what's not supposed to happen, but of course, policing happens after the fact. If this storage unit or this storage facility has recreational vehicles on it. And it's key code only, and there's no persons who can police. What's to stop individuals who are motivated from going in there and causing crime. So that's another issue that's been raised among both residents and businesses. In addition to the points that have already been explained by Mr. Sonnier's and the historical area,because Bells Road,of course, is a border for historic Seatack. Mr. Coston: Any questions, Mr. Speaker? Thank you, sir. You're very seated. Clerk: Our next speaker is Brian Keel, followed by Tommy Gill. Mr. Keel: Hi, my name is Brian Keel. I am a property association officer as well as an owner and tenant in the approximately 75,000-square-foot office condominium development, which includes four structural phases, comprising Bells Road Commerce Park, immediately to the east of the property under consideration. The proposed boat, trailer and RV parking lot would be adjacent to our 100%leased, majority owner occupied office Center that includes, amongst other businesses,a financial advisory services firm,a production,art studio and classroom,professional dietitian and clinical services, an ERP and CRM software advisory firm, distributors and light manufacturers of tactical gear, specialty foods, and tethered drones, as well as our largest owner tenant, which is the East Coast hub for a health and wellness facility designed for and catering to some of America's bravest combat warriors,both active duty and retired. I'm standing here for all of us concerned that the outdoor boat trailer and RV storage lot is not compatible with the professional office environment that currently exists adjacent to this lot. Our concerns are similar to those of our residential neighbors here today, and those of the greater historic Seatack community,whose voices on this matter are pretty well known and documented. These concerns include,but are not limited to,the compatibility of the surrounding uses,the visual impacts, property values and investments, traffic and maneuvering, stormwater, environmental impact,noise, and hours of operations,which seem to vary from different proffers and statements today. Security concerns, gentlemen,just before we spoke of,particularly the potential for such a development becoming a habitat for the nearby. Homeless and related property crimes that the city can't seem to get a handle on already in the Bells Road corridor. If the city fails to yield to some very reasonable historic objections to this site's development and those presented from speakers today, we respectfully request stronger proffers requiring substantially enhanced screening and landscaping,far more reasonable property line setbacks,security measures limits on operating hours, restrictions with enforceable penalties for any mechanical repair activities. We ask the council to carefully consider whether the use is appropriate next to existing office condominiums,and whether it aligns with the long-term vision for the historic Seatack community keeping in mind, the lot currently acts as a nice buffer from our business park to the east and the existing residential housing to the west and directly to the north. I certainly yield to any follow- up questions. I just learned at the meeting today, I was entitled 10 minutes as a property owner representative of the association, but I will give up at three. Mr. Coston: Commissioner Camp. Mr.Camp: Yes,sir. Thank you for coming today. Can you tell us the hours of operation of your office park? Mr.Keel: The offices in the Office park are typically business hours, so generally 8 to 6. 1 would say is the higher volume activity. There's certainly some early, you know, and late, but no, that's about it. I watched the session this morning as well,and I think you asked a question about the R- 10 zoning just to the south of that lot. I think there's several here today that would say that lot is already residential. Certainly, some encampments there that would gladly move across the street, like was suggested today, in some of these vacant boats or motorhomes. Mr. Camp: Is your office park, and I understand their owner tenants primarily business week or weekend hours. Mr. Keel: It is mostly business week,yes. Mr. Camp: Okay. Thank you so much. Mr. Coston: Thank you, sir. You may be seated. Clerk: Our final speaker is Tommy Gill. Ms. Gill: Hello, my name is Tommy Gill. I'm here to oppose the proposed use of 1050 Bells Road as a vehicle storage yard. The project would run along the entire east boundary of my property. The East, it would be the top part. So all of the where you saw, all the trees that they propose and everything. I'm in the property on Bells Road,that's R10. There's one more property in front of me, but they're not here today. But before addressing the merits, I would like to also respectively request a deferral of the decision on this matter because the Seatack Civic League is unable to attend. Given the magnitude of the proposed change and its impact on the surrounding neighborhood, I believe the residents deserve to have their civic organization present and represented. I also would like to address the applicant's proposed proffers, including fencing, landscaping, lighting,and other site controls. Those measures may reduce some impacts,but they do not change the fundamental intensity or character of the proposed use. Most importantly,this type of use was previously identified in the existing proffers as non-compatible. Those protections were put into place to protect the surrounding homes and to preserve the residential character of the area. So the question is, what has changed? The homes are still there. The residents are still here. Their investments are still here. And the need to protect the neighborhood from incompatible use has not disappeared. When we moved into this neighborhood, the property was zoned R10 and contained three homes. We made our investment in our home based on the residential character of the land uses that existed there. The scale of this proposal is significant: 68 large vehicles on roughly 2 acres of pavement, buildings approximately 23 feet tall, approximately three quarters of an acre of roofing, and extensive pavement. A seven-foot fence does not change that scale. It cannot screen a 22-foot building. A newly planted landscaping cannot provide a mature visual buffer immediately. The proposed hour of operation were previously listed to us as 6 a.m. to 10 p.m. When we received a letter,we're now hearing 7 a.m.to 7 p.m.,But that still creates concern. That allows for vehicle movement, engines, alarms, stores, and other operational activity, beginning early in the morning and continuing into the evening. Immediately beside our established home, with no unencumbered time. Homes are located on two of the three sides of this property. This is not an isolated commercial site. Is directly adjacent to people's home, where they live, sleep, and invest their money. There's also the environmental concerns of the paving, water, water movement, which has been addressed. It looks like also oil and other runoffs from the vehicles. There's concerns about with traffic circulation. Also,there at the beginning of the road, on Belz Road,there's a facility that has large trucks,and they don't really have any excuse me room to maneuver. They do block the road very often,trying to get into the building that they go to. No single one of these impacts tells the entire story. It's the cumulative effect of them all: the vehicles,the buildings,the paving,roofing, Extended operating hours, increased stormwater runoff, traffic noise, and large-scale commercial operation immediately in a residential area. This is a fundamental change to the character of the property. Ultimately, I ask that you deny the requested approval because this proposed use is incompatible with the surrounding historical residential neighborhood and undermines the protections previously established for the surrounding residents. Mr. Coston: Thank you. Any questions? Thank you, sir. You may be seated. Mr. Gill: Thank you. Mr. Coston: Commissioner Plumlee. Mr.Plumlee: Yes, I'm going to move to defer this item. Now I know we haven't heard from the applicant rebuttal, but let me, since I'm proposing that defer, let me ask the applicant. If there would be any objection from the applicant to a deferral for 30 days, Mr. Morris: I would object to that. I don't necessarily think it's necessary. When it comes to light, I heard there is concern about lighting. When it comes to the ordinance, the ordinance is clear that we need to provide shields for all lighting. The lighting will not leave our site. All the lighting should be facing the pavement sections. Those would be the only places that would be lit. Up to probably a little bit of the landscape, but for the most part, everything needs to be shielded. Circulation—we're doing—we have gone one way in, one way out. So they come in through this,this as you look at it,the southern portion,and they come out through the northern portion. Additionally, this is an I-1 zoning district, so it is for commercial use or warehouse use. So from what I know,warehouses can start as early as 5:00 in the morning. If this becomes some sort of warehouse building,they would still be hearing doors. They would still be hearing cars. It is something that happens,unfortunately. Security, similarly, we can do as much as we can on site to make sure that the site is secure. However,crime—if crime's going to happen, crime's going to happen. I don't necessarily think we can put as many security measures in. If someone's going to try to do something,someone can try to do it to the neighboring site. Someone can try to do it to the site at the corner. Those are two commercial sites. I understand their concerns. We will do the best we can. I'm pretty sure my client is going to do the best he can. He, he owns the, or they own the portion,the prime storage that's on the opposite corner of Bells Road and South Bird Neck. They will do what they can security-wise. However, I don't necessarily think any measure can stop crime if someone's trying to do that. Mr. Coston: Commissioner Camp. Mr. Camp: Yes, sir. Would you please clarify, at this time, what your intended operating hours and days of the week are? Mr. Morris: When I discuss this with the client last week, he had said and had wrote in writing in an email that it was 7 a.m.to 7 p.m. seven days a week, Monday through Sunday. Mr.Plumlee: 7 to 7, seven. Mr. Coston: Commissioner Plumlee. Mr.Plumlee: Thank you,Chair. How many times have you met with Mr. Sonnier and the others that have come here today to discuss some of their concerns? Mr. Morris: The attorney, Brady Palmer, has reached out to them. We did provide additional information to them to show them drainage patterns,to show them. We were willing to work on the trees that they wanted to keep, and discussed the height of the building in opposition to their solar. From what I know, as of yesterday, no one has reached out to him on those matters, and he has asked them that they can come in and meet with him at any time. Mr.Plumlee: But, but you've not met with them. Mr. Morris: I have not. But if great, if Brady Palmer were to come in, I would be there. Mr. Coston: Commissioner Hippen. Mr. Plumlee: I have a new motion that I would like to make. Ms. Hippen: I have a question. You just had someone state that the letter that they received at their home said one set of work hours. You, said another. There is nothing in the package here that describes the hours or states the hours of the business. Mr. Morris: I mean, that could be provided to you if, if needed. From what I got, in an email from the client on the September 4th, he states that with customer access generally anticipated between 7 a.m. and 7 p.m. Monday through Sunday. Ms. Hippen: Okay,because I believe that should be a condition, regardless of when we vote on it now or 30 days. Mr.Plumlee: I was going to modify my motion,but I don't know if Mr.Mauch needs to be asking another question he might have. Mr. Mauch: Yeah,just one question. What type of outreach have you, have you done with the Historic Seatack Civic League? Mr. Morris: From what I know, Mr. Brady has met with them and we have sent letters to them. I have not personally received any letters from Seatack other than the opposition letter I received from the city prior to this meeting, Mr. Mauch: My fear is that in in the past, and I think that things have gone in a better direction in the most recent past. But in the past,the Civic League has sometimes been overlooked,and this is a historic area, and it has a lot of meaning to the people that live there and have lived there forever, and we haven't heard from them. I struggle to make a decision today, and I would feel much more comfortable had this had they been contacted and be here to speak for themselves. So I'll defer my final comments until Commissioner Plumlee makes a motion. Mr. Plumlee: I was going to make a motion to defer, and I thought I'd have the cooperation of the applicant for a 30-day deferral. Quite honestly, I've heard nothing but negatives about this project. I don't think he's rectifying with his statements that he's made about crime will happen, and some other things that are very curious to me. He's not extended himself to the people in this community to give them an opportunity to exchange information. So I make a motion to deny, recommend denial of this project at this juncture. Ms. Byler: And I second that motion. And I will add to Commissioner Plumlee's comments that it appears that the conditions controlling this lot were fully considered not long ago, as part of a bigger package, and the conditions were set. So now you're coming back,trying to modify them, and I find that distasteful. And to do that, in spite of the fact that it's been well stated that Historic Seatack is unable to be represented today, I think speaks negatively to the applicant's position. Mr. Coston: So I have a motion. I have motion by Commissioner Plumlee and a second by Vice Chair Byler that this item be disapproved. Clerk: The vote is open by a recorded vote of 10 to 0. Items 8 and 9, Prime Storage Bells Ridge, LLC. Has been recommended for denial. Vote Tall Commission Member AYE # NAY# ABS # ABSENT# Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Proffers Proffer 1 Upon development, the Property shall adhere to the site layout, parking configuration, building design, setbacks, dimensions, sidewalk, and landscaping as generally shown and described in the exhibit titled "Prime Storage Commercial Vehicle Parking," dated March 2, 2026 prepared by AES (the "Concept Plan").This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. Proffer 2 When the Property is developed, the parking structures depicted on the Concept Plans shall have the general architectural design, appearance, height and exterior building materials as depicted on the exhibit labeled "Site Plan & Elevations VA20 Bells Rd. RV Storage- Bells Rd, VA" dated July 22, 2026 which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). Proffer 3 When the Property is developed, the freestanding sign depicted on the Concept Plan shall be an externally lit, monument style sign not exceeding eight feet (8') in total height, which will be constructed using materials of a color and quality that is substantially similar and compatible with that used on the exterior of the buildings developed on the Property. An elevation depicting and describing the monument style sign shall be submitted to the Planning Director for approval prior to issuance of a permit for its construction or installation. A permit shall be obtained from the Planning Department, Zoning Division, for any signage located on the Property. Proffer 4 When the Property is developed, there will be no permanent dumpster location on the Property. Proffer When the Property is developed, a photometric (i.e. lighting) plan shall be submitted for review and approval with the Site Plan to confirm that all lighting will be shielded and directed downward to limit the amount of light overspill outside the property boundary. Proffer 6 When the Property is developed, a detailed landscape plan shall be submitted for review and approval with the Site Plan which is reflective of the plantings depicted on the Concept Plan. Proffer 7 When the Property is developed, the property shall be used only for the covered parking of recreational and commercial vehicles. No repair or maintenance of vehicles shall occur on the Property. Proffer 8 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditions 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Prime Storage Commercial Vehicle Parking," dated March 2, 2026, prepared by AES (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The site shall be developed in substantial conformance with the conceptual landscape plan entitled, "Conceptual Landscape & Lighting Plan for Prime Storage Commercial Vehicle Parking," dated March 2, 2026 prepared by AES, 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. 3. The covered parking structures shall be developed in substantial conformance with the exhibit labeled "Site Plan & Elevations VA20 Bells Rd. RV Storage- Bells Rd,VA" dated July 22, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). 4. The fencing shall be developed in substantial conformance with the exhibit entitled "Site Details VA20 Bells Rd RV Storage—Bells Road, VA" dated August 13, 2026, prepared by bwd architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 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. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 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. From: Lucy Ballard To: Plannino Commissioners Subject: Fw:OPPOSITION to Case 2026-PCCC-00104(Bulk Storage Yard at 1050 Bells Road) Date: Wednesday,August 19,2026 10:56:35 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. Sent from Yahoo Mail for iPhone Begin forwarded message: On Wednesday, August 19, 2026, 10:45 AM, Lucy Ballard <lucyvb@cox.net>wrote: Dear Planning Commissioners, My name is Lucy Ballard, and I live in the Lands End Condos off of Norfolk Ave. in Virginia Beach. My residence is geographically and administratively considered part of the Seatack community within the 23451 zip code, and I personally love this entire community and how it has grown and thrived so remarkably in recent years. As one of the nation's oldest historic African American communities, recently recognized on the National Register of Historic Places, Seatack MUST BE PROTECTED from industrial encroachment that threatens its cultural integrity, safety, and quality of life! It is VITAL to look at what the current bylaws actually allow on this property. Under the existing conditional rezoning, the developer is fully permitted to run a successful, profitable business completely indoors. They can operate climate- controlled indoor self-storage, professional offices, and enclosed warehousing. The current rules work perfectly. They allow business growth while keeping the historic Seatack community safe from noise, dust, and visual blight. The developer bought this property knowing exactly what the rules were. They are not being denied the use of their land;they are simply being told to keep their business inside four walls as previously promised. I ask you to uphold the current bylaws and deny this intensive, open-air industrial expansion. I request a recommendation of DENIAL based on the following specific land-use criteria: 1. Breach of Community Protections (Proffer Modification 2026-PCCC-00104): The existing proffers on this property were legally binding covenants designed to protect the adjacent residential neighborhood from heavy industrial activity. Allowing the applicant to strip away these protections to introduce an open-air bulk storage yard sets a dangerous precedent and violates the good-faith agreements previously made with our community. 2. Incompatibility with Neighborhood Character (CUP 2026- PCCC-00057): A bulk storage yard is an intensive, industrial use that is inherently incompatible with a historic residential district. The outdoor storage of heavy commercial equipment, vehicles, and raw materials will create a severe, permanent visual eyesore at a primary gateway to our neighborhood. 3. Unmitigated Noise and Traffic Impacts: The operations of a bulk storage yard—including heavy equipment movement, backup alarms, and commercial truck loading—will introduce disruptive noise pollution directly adjacent to residential homes. Furthermore,the influx of heavy commercial vehicle trips onto Bells Road poses an unmitigated traffic safety risk to our residents, pedestrians, and local infrastructure. Will there be tall spotlights glaring over and into childrens' bedrooms? Will there be loud noise as heavy equipment maneuvers in and out at all hours? No barrier will be wide enough or high enough to keep peace for the residents on Olds Lane and I know there are many young families there as well as seniors who currently maintain the best neighborhood values I've seen anywhere. House values throughout Seatack will be significantly depreciated. I beseech each of you to please consider how you would personally feel if you or your loved ones lived near this atrocity. The Virginia Beach Comprehensive Plan explicitly emphasizes the preservation of historical neighborhoods. Approving an open-air industrial yard on this parcel directly contradicts that vision. I strongly urge the Planning Commission to uphold the existing protections and recommend denial of both applications. Will you stand with the historic community of Seatack and vote NO on both applications? We are counting on you! Sincerely, Lucy Ballard 407 Canvasback Way,Va. Beach Lucyvb@cox.net From: Jane Sheffield To: abowman(abvbaov.com Cc: Planning Administration;Robert Remick;Marchelle Coleman;City Council Subject: OPPOSITION to Case 2026-PCCC-00104(Prime Storage Bells Ridge,LLC) Date: Sunday,August 16,2026 7:50:43 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Bowman, Commissioner Plumlee, and Councilmember Remick, Our names are Quinton and Jane Sheffield and we are residents of the historic Seatack community living at 1057 Olds Ln Virginia Beach, VA. We are writing to formally state our strong opposition to application 2026-PCCC-00104(Modification of Proffers) and its companion application 2026-PCCC-00057 (Conditional Use Permit) for a bulk storage yard at 1050 Bells Road. This address is directly behind our home. The original protective proffers on this property were put in place to ensure that commercial activities would not erode the residential safety and historic character of the adjacent Seatack neighborhood. Allowing Prime Storage Bells Ridge, LLC to modify these conditions to operate a bulk storage yard directly threatens our community in several critical ways: • Incompatibility with Historic Character: Seatack is a nationally recognized historic district. The outdoor, industrial nature of a bulk storage yard is fundamentally incompatible with the residential and cultural character of our neighborhood. • Insufficient Screening and Visual Blight: Modifying the design and buffering conditions will leave nearby residents exposed to unsightly commercial containers, heavy equipment, and outdoor storage, lowering local property values and damaging the neighborhood's aesthetic fabric. • Traffic and Pedestrian Safety: A bulk storage yard will introduce heavy commercial vehicles and increased truck traffic to Bells Road. Our local streets are not designed to handle this type of industrial flow safely, creating direct hazards for Seatack families and pedestrians. • Environmental and Stormwater Concerns: Increased industrial footprint and vehicle staging threaten to exacerbate local neighborhood drainage and stormwater runoff issues, which are already persistent concerns in the Seatack area. For these reasons, we urge the Planning Commission to recommend denial of case 2026-PCCC-00104 and protect the integrity of the Seatack community. Please ensure that our written opposition is officially entered into the public record and included in the staff report package distributed to the Planning Commissioners. Thank you for your time, your leadership, and your dedication to protecting our historic neighborhoods. Sincerely, Quinton Sheffield Jane Sheffield From: Jeanette Sonier To: Alexis Bailey Subject: Public Hearing September 9,2026 Prime Storage Bells Ridge,LLC Application GPIN 2416581162 Date: Saturday,August 29,2026 3:40:57 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. In response to the Certified Mailing dated August 24, 2026. We, Jeanette and Robert Sonier, purchased the property at 1053 Olds Lane 8 years ago. We have lived in Virginia Beach for almost 50 years from Kempsville to Shore Drive and now Seatack to be near our son and his growing family at 1049 Olds Lane for our mutual generational needs. Ours is one of the six single family homes circling 2/3 of the above property at 1050 Bells Road. The major concern for this proposal is DRAINAGE. Residences on the Olds Lane 5 foot drainage easement are a lower elevation with heavy rains already an issue. (ODU is currently conducting a door-to-door survey throughout Seatack on this subject. We do have flood insurance with FEMA.) The neighboring warehouse building has a significant system in place for their roof drainage adjacent to this1049 Olds Lane proposal site. With the four oversized canopy structures 35 feet in height presented to us, we see no such plans or even a retention pond. Needless to say, we are opposed to the modification of the Use Permit from a contained storage facility to the open air Bulk Storage Lot: HOURS=NOISE=LIGHTING AIR QUALITY/POLUTION=EXHAUST=TRASH all excessive for 'existing' residential properties in this Historical Seatack Community. Our property has roof top solar collection panels facing south and west that would be majorly affected by the 35 foot height of the 19 parking space canopy adjacent to our home on the northeast corner of the proposal Thank you for consideration of these concerns for ourselves and the community we share with our friends and neighbors. 264 1'1'ba R10 R-1-0 11 02 .. W ----_ T R5D �m w o 0 ® site 449 London LLC p zoning 2548 Potters Road145, Property Polygons r Feet 0 37.5 75 150 225 300 Map created by Planning Department on 8/11/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 449 LONDON LLC [Applicant & Property Owner] Conditional Rezoning (R- 10 Residential District to Conditional 1-1 Light Industrial District) & Conditional Use Permit (Bulk Storage Yard) for the property located at 2548 Potters Road (GPIN 1497733185). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: October 20, 2026 (Deferred at September 15, 2026, CC Hearing) ■ Background: The applicant is requesting a Conditional Rezoning from R-10 Residential District to Conditional 1-1 Light Industrial District and a Conditional Use Permit for a Bulk Storage Yard to develop the site with a storage yard for contractors' vehicles, equipment, and materials on this 2.89-acre parcel. The site is located within the greater than 75 dB noise zone, Accident Potential Zone 1 (APZ-1), and is located within the Lynnhaven Strategic Growth Area (SGA). The property contains an existing residential structure that has been vacant for approximately one year and was placarded as uninhabitable by the Department of Housing and Neighborhood Preservation in July of 2025. Since residential uses are considered incompatible within the APZ-1, should the residential use of the property cease for a period of two or more years, future residential use of the property would not be permitted. The property will be divided into 12 fenced storage lots ranging in size from approximately 3,200 to 5,200 square feet, as well as a proposed future steel storage building. The site will be fully secured, with gated access, security cameras, and lighting. Lighting will consist of light poles not to exceed 14 feet in height and will be fully shielded to minimize impacts on adjacent properties. 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 solid fence with Category I plantings. The applicant is proposing a 10-foot-wide Category VI landscape buffer along the eastern and western property lines, as well as 15-foot- wide Category VI Landscape buffer along Potters Road. The applicant is requesting a reduction in the width of the landscape buffer along the R-10 Residential property line to the east from 25 feet to 10 feet. A conceptual landscape plan includes a six-foot-tall, earthtone solid privacy fence enclosing the entire site, including interior storage areas, with chain-link gates limited to access points. ■ Considerations: Staff recognizes that the Comprehensive Plan and the Lynnhaven Strategic Growth Area Master Plan envision this area for office and mixed-use riverfront redevelopment. However, the property's location within APZ-1 and the greater than Applicant i Property / 449 London Planning • • • • • V_B, City Council District: i Project Details Requests Conditional Rezoning (R-10 Residential District to Conditional 1-1 Light Industrial District) �NAVENQ—KAVENRDREI eka P�LYNNRMER OR y,+ Conditional Use Permit (Bulk Storage Yard) ,•.,_ ttt' W _ r 77-_ SOUTHERN BIND' __. _ ._ Staff a ! � �fJ` � Approval C J 71 Staff Planner °A• Marchelle Coleman `as � -�A .' W N- yg��E W� "T5!% M v SRO 0.-1,-� '�\ sTT Location r fo rr l�-° '�` ? `i 2548 Potters Road r � °°*� t�Ta��°'t /A ' 1 cr k�7 �1 r y 1, f,., �'1 �-N r4l5t'`, 'r-i--: ��;`I GP/N - —� �o� #t oa ti t c Lek— _ ., �; r 1 �T `'1"0 �P 1497733185 ; �� { APfARY Site Size I 2.89 acres A/CUZ Greater than 75 dB DNL; APZ-1 Watershed Chesapeake Bay Existing Land Use and Zoning District Former Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North 1-264 South Potters Road Single-family dwellings/ R-51) Residential East Religious use/ R-10 Residential West Parking lot/0-2 Office 449 London LLC Agenda Items 9 & 10 page 1 of 17 Background SummaryofProposal • The applicant is requesting a Conditional Rezoning from R-10 Residential District to Conditional 1-1 Light Industrial District and a Conditional Use Permit for a Bulk Storage Yard to develop the site with a storage yard for the storage of contractors'vehicles, equipment, and materials on this 2.89-acre property. • The site is located within the greater than 75 dB DNL of the AICUZ and the Accident Potential Zone 1 (APZ- 1). The proposed use of a bulk storage yard is considered a compatible use within both the noise zone and the APZ-1. • As depicted on the conceptual site plan, the property is proposed to be divided into 14 fenced storage lots ranging in size from approximately 3,200 square feet to 5,234 square feet. The conceptual plan also includes a future steel storage building for the storage of materials associated with the operation. In addition, the site is proposed to include a stormwater management facility with a 12-foot-wide maintenance access path surrounding the facility to accommodate ongoing maintenance and inspection activities. • The site will be gated and secured to control access. The property will be fully secured and equipped with security cameras and appropriate site lighting. As shown on the conceptual plan, the applicant proposes light poles not to exceed 14 feet in height. As recommended in Condition 5, all proposed lighting will be fully shielded to direct illumination onto the subject property, and any light or glare will be deflected, shaded, and oriented away from adjoining properties. • 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 applicant is proposing a 10-foot-wide Category VI landscape buffer along the eastern and western property lines, as well as 15-foot-wide Category VI Landscape buffer along Potters Road. • The applicant is requesting a deviation pursuant to Section 221(i) of the Zoning Ordinance for a reduction in the width of the landscape buffer along the R-10 Residential property line to the east. Per Section 1003 (a) of the Zoning Ordinance, when a zoning lot within an 1-1 Industrial District adjoins a residential district without an intervening street, alley or body of water over twenty-five (25) feet in width, a twenty-five-foot minimum yard shall be required along all lot lines adjoining the residential district. As stated previously, a 10-foot-wide Category VI landscape buffer is proposed. • A fence rendering has been provided on the Conceptual Landscape Plan depicting a six-foot-tall, earthtone solid privacy fence. The entire bulk storage area, including the interior storage lots, will be enclosed with this solid privacy fence. The only exception will be the designated ingress and egress points for each lot, which will include chain link gates as shown on the Landscape Plan. • A freestanding monument-style sign is proposed along Potters Road. As depicted on the conceptual site and landscape plans, the sign shall not exceed six feet in height. 449 London LLC Agenda Items 9 & 10 page 2 of 17 • Additionally, the applicant is proposing a 10-foot wide Multi-Use Path along Potters Road. Zoning History # Request11 ry6� 1 CUP (Residential Kennel)Approved -- 11/24/2009 Z� 2 MDC Approved 11/27/2001 CUP (Church Addition) Approved 06/08/1999 R10 R10 � Z 11 02 Vol R� C � �F�EL� R5D R� o p y i RSDo Q �. 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 • • • In Staff's opinion, the proposed rezoning of the parcel from R-10 Residential to Conditional 1-1 Light Industrial District, along with the associated Conditional Use Permit to allow the operation of a Bulk Storage Yard for the storage of materials and equipment, is appropriate and acceptable. The Lynnhaven SGA Master Plan designates this area for office use, with the Character Area Plan envisioning the site for Riverfront Development. More specifically, the Plan calls for redevelopment that contributes to a compact, mixed-use, walkable environment while enhancing access to and appreciation of the adjacent riverfront. Additionally, the subject property is currently mapped within the Type 1 Neighborhood Place Type, and Appendix A of the Comprehensive Plan indicates that the 1-1 Light Industrial District is not a zoning district that contributes to this Place Type. Under typical circumstances, these policies would not support a transition to industrial zoning or the development of a bulk storage yard. However, this property possesses unique characteristics that distinguish it from many other properties within the Lynnhaven SGA. The site is located within the greater than 75 dB DNL noise contour and within Accident Potential Zone 1 (APZ-1).These military compatibility constraints significantly influence the range of 449 London LLC Agenda Items 9 & 10 page 3 of 17 appropriate land uses that can reasonably be developed on the property.The Comprehensive Plan and the Lynnhaven SGA Master Plan both recognize the importance of ensuring that development remains compatible with the City's Air Installation Compatible Use Zone (AICUZ) regulations. Consistent with these policies, low- intensity uses with limited occupancy are encouraged within higher noise areas and accident potential zones to minimize the exposure of people to aircraft noise and potential safety hazards. The proposed Bulk Storage Yard is inherently a low-occupancy use that does not concentrate employees or the general public on the site for extended periods. As such, it is considered compatible with the property's location within APZ-1 and the greater than 75 dB DNL noise contour. In Staff's opinion, this compatibility is a significant planning consideration that outweighs the site's Office land use designation, as many traditional office uses, including personal and professional services, are not considered compatible within the APZ-1. Furthermore, as the site is currently zoned R-10 Residential, most redevelopment of the site would require discretionary action, either in the form of a rezoning or conditional use permit, which in turn would require any proposed use to be compatible with Article 18 of the City's Zoning Ordinance. The proposal also incorporates design features intended to minimize impacts on adjacent properties and the surrounding environment. The site will be fully enclosed with a six-foot-tall earth-tone privacy fence, with additional Category VI screening provided where appropriate. The applicant proposes to retain existing wooded areas along portions of the property to supplement buffering, while fully shielded lighting, limited pole heights, controlled access, security measures, and landscaped screening will reduce visual impacts and help maintain compatibility with nearby residential properties.These measures, together with required stormwater management and environmental regulations, provide additional safeguards for the adjacent neighborhood and the environmentally sensitive London Bridge Creek corridor. Although the proposed use does not advance the Comprehensive Plan's long-term vision for mixed-use, walkable redevelopment within the Lynnhaven Strategic Growth Area, Staff recognizes that the property's military compatible constraints substantially limit its redevelopment potential. Rather than introducing a high- intensity use that would be inconsistent with AICUZ guidance, the proposed Bulk Storage Yard represents a low-intensity industrial use that is compatible with the property's location within the APZ-1 and the high aircraft noise environment. Staff finds that the request appropriately balances the Comprehensive Plan's broader redevelopment objectives with the City's longstanding commitment to protecting the operational mission of Naval Air Station Oceana and promoting land uses that are compatible with military operations. As stated previously, the applicant is requesting a deviation pursuant to Section 221(i) of the Zoning Ordinance to reduce the required landscape buffer along the eastern property line adjacent to land zoned R-10 Residential. Section 1003(a) of the Zoning Ordinance requires a 25-foot minimum landscape yard when property within the 1-1 Industrial District adjoins a residential zoning district without an intervening street, alley, or body of water greater than 25 feet in width. In lieu of the required 25-foot landscape yard, the applicant is proposing a 10-foot-wide Category VI landscape buffer. Staff is supportive of the requested deviation based on the unique circumstances of the adjoining property and the proposed site design. Although the property to the east is zoned R-10 Residential, it is currently developed as a religious institution rather than a single-family residential neighborhood. Furthermore, the owner has indicated that there are no plans to develop the portion of the property adjacent to the subject site for single-family residential use. In addition to 449 London LLC Agenda Items 9 & 10 page 4 of 17 environmental constraints that limit future development potential development of single-family residential uses in this area would not be permitted under the APZ-1 regulations [begn strikethrough] as the @Fea ;F, [end strikethrough] Staff finds that the existing natural vegetation, together with the enhanced landscape buffer, will effectively mitigate visual impacts while maintaining compatibility with the adjacent property. Given the existing land use, the environmental constraints affecting the adjacent property, and the proposed landscaping, Staff finds that the requested reduction in the landscape buffer width is appropriate and will continue to provide an adequate transition between the industrial use and the neighboring property.Therefore, Staff supports the requested deviation. Accordingly, Staff concludes that the proposed Conditional Rezoning and Conditional Use Permit represent a reasonable use of the property given its unique physical and operational constraints and recommends approval, subject to the proffers and conditions listed below. Ems irm The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The following principal and conditional uses within the 1-1 Light Industrial District shall not be permitted on the Property: (a) Automobile service stations; (b) Bars or nightclubs; (c) Eating and Drinking Establishments where food and beverages are consumed onsite; (d) Communication towers; (e) Heliports and helistops; (f) Passenger Transportation Terminals; and (g) Any use which is listed as incompatible with airfield operations at N.A.S. Oceana in APZ-1 or the greater than 75 dbn noise zone in Tables 1 and 2 contained in Article 18 of the CZO. 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. 449 London LLC Agenda Items 9 & 10 page 5 of 17 Recommended Conditions 1. The site shall be developed in substantial conformance to the conceptual site plan entitled, "Concept Plan- Bulk Storage for 449 London, L.L.0—Virginia Beach, VA 23454", dated 5/29/2026, prepared by VHB, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The site shall be developed in substantial conformance to the conceptual landscape plan entitled, "CONCEPTUAL LANDSCAPE PLAN POTTERS ROAD STORAGE—Virginia Beach, VA", dated 5/29/2026, prepared by VHB, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the 6-foot-tall solid privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and continuously maintained for the duration of the site's use as a Bulk Storage Yard. The required 25-foot-wide landscape yard along the eastern property line adjacent to land zoned R-10 Residential shall be a 10-foot-wide Category VI landscape buffer, pursuant to the deviation under Section 221(i) of the City Zoning Ordinance. The 10-foot-wide Category VI landscape buffer shall be installed and maintained in accordance with the approved site plan for the duration of the use. 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. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 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. 449 London LLC Agenda Items 9 & 10 page 6 of 17 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan information The Comprehensive Plan identifies the site as being located within the Lynnhaven Strategic Growth Area (SGA), and within a Type 1 Neighborhood, and is designated as Office land use, and Riverfront Development character area in the Lynnhaven SGA Master Plan.The land use policies and principles of the imagineVB 2040 Comprehensive Plan and Lynnhaven Strategic Growth Area (SGA) Master Plan establish several land use policies and principles applicable to the subject property. Appendix A of the Comprehensive Plan identifies that the 1-1 Light Industrial District is not an eligible zoning district to contribute to the Type 1 Neighborhood Place Type (p. 214, imagineVB 2040 Comprehensive Plan). The Lynnhaven SGA Master Plan designates the property for Office land use and identifies it within the Riverfront Development Character Area (p. 48, Lynnhaven SGA Master Plan). The Office designation is intended to preserve and reinforce existing office areas as desirable employment locations (p. 46, Lynnhaven SGA Master Plan), while the Riverfront Development Character Area encourages redevelopment that capitalizes on the Lynnhaven River and London Bridge Creek by orienting development toward the waterfront, integrating public access with the open space system, and creating opportunities for high-quality redevelopment that embraces these natural amenities. (p. 53, Lynnhaven SGA Master Plan) The Comprehensive Plan further states that the overarching goal of the Type 1 Neighborhood Place Type is to provide a well-landscaped, quiet, and safe environment for single-family residential development, with only limited civic uses, such as schools and parks, considered appropriate non-residential uses (p. 53, Lynnhaven SGA Master Plan). In contrast, the Industrial and Logistics Place Type is intended to provide a well-landscaped and buffered setting for large-scale industrial, logistics, warehousing, and supporting commercial uses with safe and efficient truck access (p. 167, imagineVB 2040 Comprehensive Plan). The Comprehensive Plan also emphasizes that Strategic Growth Areas were established to accommodate future growth through higher- density, mixed-use, walkable development patterns that transform conventional suburban, auto-oriented development into urban, multimodal environments offering a variety of transportation choices. (p. 17, imagineVB 2040 Comprehensive Plan) The Lynnhaven SGA Master Plan also promotes environmental stewardship by encouraging development that capitalizes on the area's waterways and marshlands while improving stormwater runoff quality through effective stormwater management practices (p. 4, Lynnhaven SGA Master Plan). In addition, the Master Plan recognizes the importance of locating land uses that are compatible with the City's Air Installation Compatible Use Zone (AICUZ) regulations, including the applicable noise contours and Accident Potential Zones established under Article 18 of the Virginia Beach Zoning Ordinance (p. 4, Lynnhaven SGA Master Plan). The Plan further seeks to protect and strengthen existing neighborhoods through the provision of compatible community services and convenient retail opportunities while maintaining an appropriate balance between residential development, employment opportunities, and supporting services throughout the Lynnhaven Strategic Growth Area (p. 4, Lynnhaven SGA Master Plan). 449 London LLC Agenda Items 9 & 10 page 7 of 17 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- 10 ADT Potters Road 5,450 ADT1 12,500 ADT 1(LOS 4 "D") Proposed Land Use'—No Trip Generation Data Available 1 Average Daily Trips 2As defined by a 3As defined by a bulk ILO5 = Level of single-family dwelling storage use Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Potters Road is a two-lane minor suburban arterial roadway. There are currently no CIP projects to upgrade this section of Potters Road at this time. Active Transportation Plan(ATP) The Active Transportation Plan proposes Shared Use Paths for Potters Road. Public Utility Impacts water There is an 8-inch City water main along Potters Road.The site currently connects to city water.The existing water meter and service line must be abandoned if not used. Sewer City sanitary sewer is not available to the site. 449 London LLC Agenda Items 9 & 10 page 8 of 17 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August 5, 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 July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 6, 2026 and October 13, 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 October 5, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on October 16, 2026. 449 London LLC Agenda Items 9 & 10 page 9 of 17 SITE DATA: ,•. GPIN 14977331850000 TOTAL AREA:2.891 AC • EXISTING ZONING:R10 I PROPOSED ZONING:CONDITIONAL 1-1& CONDITIONAL USE PERMIT , • • > ,� TOTAL SF OF FENCED LOTS:47,513(14 LOTS) 80'X40'STORAGE LOTS:12 80'X40'STORAGE LOTS:2 i PARKING SUMMARY: THERE ARE NO PARKING REQUIREMENTS FOR A STORAGE YARD. i � rr---- —� ---- ----- mn+t sia --- ---- -- a tv t, ' Ij { r I 4Y fi i aAfISM1 WY `° Concept Plan - Bulk Storage Q � p g Legend For 449 London L.L.C. m /D o Virginia Beach, VA 23454 Vnb fD 3 � Source: VHB ..Y..�...,,�.+.,.o, to fZ Prepared for McLmkey l0 O Date: 05/29/2026 0 Qp r Ili 0 n Proposed Landscape Plan zw 5 a U Q z w u z 00 S g Z Z W o W J L U 0 a n. Izi a m aS g o= waf m !T !aa��f O 0 yip 1 O s Z 1l � LL r , c, } w « 4 s { f F ( 40, 1 WZ I a �t x i � w -�� \ s I a ¢ Io ¢ _ Z a �Q3� v AdX3 HDb39 Ht N19a1/1 --3 z w ^ o 0o�s ,r- s m 449 London LLC Agenda Items 9 & 10 page 11 of 17 i,tr „ • s Site Photos .,-�� i .� —yew t• V � J4 •a ,A Ax � ` Y +_ r px �.. d.yg•}y iq . f Y it Y pek V S•�y" HH R p ya Disclosure CITY.• D • GINIA 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 of/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 449 London LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yes@ No0 Ifn,a, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ NoO if yes,name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@No0 If yes,list the names of ail officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity I relationship with the applicant. (Attach list if necessary.) William Wilcox,Member Aaron Lawyer,Member Does the subject property have a proposed or pending purchaser? Yes U No • if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesO No(F) if yes,norne 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 Nome entity and/or individual Financing(mortgage,deeds of trust, O O cross-coilateralization,etc.) Real Estate Broker/Agent/Realtor O @ Disclosure Statement I rev. May-2024 page 1 of 3 449 London LLC Agenda Items 9 & 10 page 14 of 17 Disclosure SECTIONDISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O 0 Architect/Designer/Landscape O Q Architect/Land Planner Construction Contractor O 0 Engineer/Surveyor/Agent e O Matt Mader,VH13 Legal Services O O R.Edward Bourdon,Jr.,Esq.,Sykes.Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that alf 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. William Wilcox, Member G zit, Applicant Name(Print) Applic Signatur Date/ "Parent-subsidiary relationship"means"a relotio 7fp shot i , is when one corporation directly or indirectly owns shares possessing more than 50 p rent of the voting powet of 000ther 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 parept-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 o controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or co.mmtngled funds or assets;the business entities share the use of the some offices or employees or otherwise shore activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See .State and Local Government Conflict of interests Act, Va Code§2.2-3101, FOR CITY USE ONLY: No changes as of(date): 10/72026 Marchelle L. Coleman 10/7/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 449 London LLC Agenda Items 9 & 10 page 15 of 17 Disclosure London Center, LLC (Applicant/Owner) Lising of businesses that have a parent-subsidiary or affiliated business entity relationship with Applicant/ Owner Atlantic Heating and Cooling Service, Inc. Mr. Plumber, Inc. Betty's Plumbing and Heating Inc. ALAWLLC 509 London LLC 449 London LLC London Bridge Holdings LLC London Center LLC Splash Management LLC 449 London LLC Agenda Items 9 & 10 page 16 of 17 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 449 London LLC Agenda Items 9 & 10 page 17 of 17 449 LONDON LLC,a Virginia limited liability company TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 28th day of May,2026, by and between 449 LONDON LLC,a Virginia limited liability company,Grantor;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of land located in District #3 of the City of Virginia Beach,containing approximately 2.891 acres and described in Exhibit"A" attached hereto and incorporated herein by this reference,which parcel is hereinafter referred to as the"Property";and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from R-10 Residential District to Conditional I-1 Light Industrial District;and WHEREAS, the Grantees policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the GPIN: 1497-73-3185-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise;and WHEREAS,the Grantor has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro cquo for zoning,rezoning,site plan,building permit,or subdivision approval, hereby make the following declaration of conditions and restrictions wluch shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees,and other successors in interest or title: 1. The following principal and conditional uses within the I-1 Light Industrial District shall not be permitted on the Property: (a) Automobile service stations; (b) Bars or nightclubs; (c) Eating and Drinking Establishments where food and beverages are consumed onsite, (d) Communication towers, (e) Heliports and helistops; (f) Passenger Transportation Terminals;and (g) Any use which is listed as incompatible with airfield operations at N.A.S.Oceana in APZ-1 or the greater than 75 dbn noise zone in Tables 1 and 2 contained in Article 18 of the CZO. 2 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. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action,suit,or proceeding; (2) The failure to lneet 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 3 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 name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: 449 London LLC, a Virginia limited liability company By: (SEAL) Wil ' m 01kcox, ember STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: S t' _ The foregoing instrument was acknowledged before me this I day of ,J line_ , 2026, by William Wilcox, Member of 449 London LLC, a Virginia limited liability company, Grantor. (� Notary Public Jenniter Welsch Rawlings My Commission Expires: Y (-Na/vCAg 31 NOTARY PUBLIC Notary Registration Number: QAI)f�3 93 ry Commonwealth of Virginia Reg.#00278393 Com.EXP.March 31,2028 Ec EXHIBIT "A" ALL THAT certain lot,piece or parcel of land,with the buildings and improvements thereon, situate, lying and being in Lynnhaven Magisterial District, Princess Annie County (now the City of Virginia Beach),Virginia,and more particularly described as follows: BEGINNING in the northerly line of London Bridge Road at the point of intersection therewith of the boundary line between the property described herein,and/or belonging to the Shepherd Estate as shown on the Plat entitled,"Plat of property situate in Princess Anne County,Virginia,surveyed for Sarah E.Sawyer",made by J.H.Milhulland,dated May,1919, and recorded in the Clerk's Office of the Circuit Court of Princess Anne County (now the City of Virginia Beach),Virginia, in Map Book 6,at Page 15,and running thence along said boundary line North 21 degrees 40 minutes west 849.66 feet, more or less, as far as the law allows, into the waters of Lynnhaven River;thence running along the Lynnhaven River in a line as far out into the bed thereof as the laws of this State permit, (in a general direction North 65 degrees 40 minutes East) 255.59 feet,more or less, to a point in the waters of said river; thence South 21 degrees 40 minutes East 881 feet, more or less to the North line of the said London Bridge Road,and thence along same South 72 degrees 35 minutes West 256 feet more or less to the point of beginning,containing 5.07 acres,more or less;and SAVE AND EXCEPT that portion of said property which was conveyed pursuant to condemnation proceedings for the Virginia Beach - Norfolk Toll Road, as shown on Plat entitled,"Survey of Property of James F.Wisniewski,et ux.,by W.B.Gallup,Surveyor,dated July 17,1970,wluch said plat is duly recorded in Deed Book 1192,at Page 154;and SAVE AND EXCEPT all that certain property conveyed to James E. Hale, E.J. Quesenberry and Victor Debray,Trustees of the London Bridge Baptist Church by Deed dated November 5, 1980, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Deed Book 2075,at Page 27;and SAVE AND EXCEPT all that certain property conveyed to the City of Virginia Beach by Deed dated July 28,1976,and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1600,at Page 547, and as shown on that certain plat entitled, "Plat of Property to be Acquired for Potters Road and Acquisition of Permanent Drainage Easement, Virginia Beach,Virginia,from Gary Lee Snyder", made by Talbot and Associates,Ltd.,dated January 29,1976,as"Parcel 0005",which said plat is duly recorded in the aforesaid Clerk's Office in Map Book 109,at Page 56. GPIN: 1497-73-3185-0000 AM/'-Conditional Rezoning/ 449 London/ProfferAgreement.dou 6 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #9 & 10 449 London LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next matter is agenda Item 9, 449 London LLC. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Mr. Bourdon: Thank you, Madam Vice Chair. For the record, Eddie Bourdon, Virginia Beach attorney representing the applicant, 449 London LLC, on Items 9 and 10. Ms. Byler: Yes, sir. Mr.Bourdon: And all 7 conditions of the use permit are acceptable for my client. We appreciate being on the consent agenda and appreciate Marchelle's work on this application,and it's based on the landscaping plan that's in this package, not the one that you had on the board this morning. Ms.Byler: Right. Thank you so much. You may be seated. Is there any opposition to this matter being added to the consent agenda? Hearing none, I have asked Commissioner Anderson to read it into the record. Mr.Anderson: Thank you. This is for agenda items 9 and 10, located at 2548 Potters Road. The applicant is requesting a conditional rezoning from R-10 Residential District to Conditional 1-1 Light Industrial District, and a conditional use permit for a bulk storage yard, to develop the site with a storage yard for the storage of contractors' vehicles, equipment, and materials on approximately 2.89-acre property. The site is located within the greater than 75 decibel noise zone of the AICUZ and the Accident Potential Zone 1. The proposed use of a bulk storage yard is considered a compatible use within both the noise zone and the APZ 1. As depicted on the conceptual site plan,the property is proposed to be divided into 14 fenced storage lots ranging in size from approximately 3,000 to 5,000 square feet. The conceptual plan also includes a future steel storage building for the storage of materials associated with the operation. In addition, the site is proposed to include a stormwater management facility with a 12-foot-wide maintenance access path surrounding the facility to accommodate ongoing maintenance and inspection activities. Hearing no opposition,we put this on the consent agenda. Ms. Byler: Thank you, Commissioner Anderson. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you.Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report,and agenda items 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Schoonover: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Proffers Proffer 1 The following principal and conditional uses within the 1-1 Light Industrial District shall not be permitted on the Property: (a) Automobile service stations; (b) Bars or nightclubs; (c) Eating and Drinking Establishments where food and beverages are consumed onsite; (d) Communication towers; (e) Heliports and helistops; (f) Passenger Transportation Terminals; and (g) Any use which is listed as incompatible with airfield operations at N.A.S. Oceana in APZ-1 or the greater than 75 dbn noise zone in Tables 1 and 2 contained in Article 18 of the CZO. Conditions 1. The site shall be developed in substantial conformance to the conceptual site plan entitled, "Concept Plan-Bulk Storage for 449 London, L.L.0—Virginia Beach, VA 23454", dated 5/29/2026, prepared by VHB, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The site shall be developed in substantial conformance to the conceptual landscape plan entitled, "CONCEPTUAL LANDSCAPE PLAN POTTERS ROAD STORAGE —Virginia Beach, VA", dated 5/29/2026, prepared by VHB, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the 6-foot-tall solid privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and continuously maintained for the duration of the site's use as a Bulk Storage Yard.The required 25-foot-wide landscape yard along the eastern property line adjacent to land zoned R-10 Residential shall be a 10-foot-wide Category VI landscape buffer, pursuant to the deviation under Section 221(i) of the City Zoning Ordinance. The 10-foot-wide Category VI landscape buffer shall be installed and maintained in accordance with the approved site plan for the duration of the use. 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. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning &Community Development is required for any new signage installed on the site. 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. From: Cristin Pullman To: Planning Administration Subject: Opposition to Agenda Items 9 and 10—2548 Potters Rd Date: Tuesday,August 11,2026 12:29:35 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Chair and Members of the Planning Commission: am sending this letter as I am not able to attend this week's meeting due to travel.As a 19- year resident of Brookgreen Commons, I respectfully oppose Agenda Items 9 and 10,which would allow an industrial bulk storage yard near established residential neighborhoods within the Lynnhaven Strategic Growth Area.While the staff materials note compatibility with the AICUZ noise zone and Accident Potential Zone,that does not resolve the core land-use issue: this is an industrial storage operation beside residential zoning, near a neighborhood entrance, and close to sensitive waterways. The proposed contractor facitity with paved storage lots,vehicles, lighting,and gates is not a neighborhood-compatible transition use.Access from a 35-mile-per-hour road with regular pedestrian and cycling use raises additional safety and compatibility concerns, especially if trucks and heavy equipment enter and leave the site. The number of requested deviations underscore that the proposal is not an appropriate fit for this property as designed.The applicant seeks to reduce the residential-edge buffer to 10 feet despite the need for stronger separation from adjoining residential zoning,and the proposal also raises Chesapeake Bay Protection Area concerns involving tree removal and reduced setback protections from the adjacent waterway. The City's Comprehensive Ptan and Lynnhaven Strategic Growth Area vision call for strategic, well-designed, connected growth that protects established neighborhoods and environmental resources.This proposal does neither. A bulk storage yard would instead add to the industrial creep along Potters and London Bridge Roads that is surrounding our neighborhoods.This is to residents'detriment as it affects our home values and quality of life by weakening the transition between industrial activity and our homes while lessening protection for the watershed. For these reasons, I respectfully request that the Planning Commission recommend denial of Agenda Items 9 and 10.Taken together,the deviation from the Lynnhaven SGA,the location in a residential area, Chesapeake Bay Protection Area impacts,and tree removal show that the proposed zoning change and use are an inappropriate match for this property under both applicable regulations and the Comprehensive Plan. Thank you for your consideration. Sincerely, Cristin Pullman 2617 Eton Dr Virginia Beach,VA 23454 7, 94, B2 CIR 7-- B 4 ... ....... ... .... ..... B3 t. .100,100 B2 B4C B- 100 B 3 tiA. "IS)-1�b Site Bonney Rd Apartments LLC Zoning 4576 Bonney Road Property Polygons Feet 0 70 140 280 420 560 Map created by Planning Department on 9/8/2026 �u ems„ «_1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BONNEY RD APARTMENTS LLC [Applicant] OB 22 LLC [Property Owner] Conditional Rezoning (1-1 Light Industrial District to Conditional A-24 Apartment District) for the property located at 4576 Bonney Road (GPIN 1477524516). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: October 20, 2026 ■ Background: The applicant is seeking to rezone an 11.8-acre parcel at 4576 Bonney Road from 1-1 Light Industrial District to Conditional A-24 Apartment District to develop the site with a 209-unit multi-family development. The property is currently undeveloped, lies within the Central Business District/Bonney Area of the Pembroke Strategic Growth Area (SGA), includes the Thalia Creek Greenway, and a portion of the site is located within the Chesapeake Bay Resource Protection Area (RPA). The proposed development would result in a density of 21.5 units per acre and consist of two four-story apartment buildings. The proposed buildings at the tallest point will have a maximum height of 55 feet, 1 inch. Per Section 604(b) of the Zoning Ordinance, the maximum building height in the A-24 Apartment District is 45 feet; as such, the applicant is requesting a deviation from the height requirements, in accordance with Section 107(i) of the Zoning Ordinance. Residential amenities include a resort-style swimming pool and courtyard, as well as a fitness center with views overlooking the pool. Landscaping plans include street frontage plantings, as well as parking lot and foundation landscaping. Additional site improvements include an 11-foot-wide shared use path along Bonney Road, as recommended by the Active Transportation Plan. The Thalia Creek Greenway multi-use path will remain, and as part of the project, approximately 150 linear feet of the trail will be realigned to accommodate the development. The existing and realigned portion of the path will be within a pedestrian easement, the width of which is proposed to be reduced from 25 feet to 20 feet. The 10-foot-wide multi-use path will be centered within the 20-foot easement, providing a 5-foot area on either side of the path. At the time this application was submitted, the proposed development did not satisfy the minimum parking requirement for multi-family dwellings established in Section 203(a)(12) of the Zoning Ordinance. As such, a parking study was submitted and approved by the Zoning Administrator supporting that the proposed 307 spaces would adequately serve the development's needs. Since submission of the parking study, the parking requirements have been amended, as specified Bonney Rd Apartments LLC Page 2 of 5 in Section 203(b)(11.1) of the Zoning Ordinance, to allow a reduced requirement of one-half parking space per dwelling unit for developments located within one- half mile of a covered bus stop. Under the amended requirements, the development is only required to provide 105 parking spaces. Despite this reduction, the applicant believes the proposed 307 spaces are needed to support the units. Additionally, 11 bicycle parking spaces are required and provided on- site. A variance to the Chesapeake Bay Preservation Area (CBPA) Ordinance was pursued and granted by the CBPA Board in May of 2020 for an office development at this site. This proposal substantially reduces encroachment into the RPA and the amount of impervious cover within the buffer compared to the previously approved variance. The previous variance authorized just over 18,000 square feet of encroachment into the RPA, while the current proposal reduces the encroachment by more than 50%, to approximately 8,753 square feet. ■ Considerations: Staff and Planning Commission recommend approval of the applicant's request to rezone the property from 1-1 Light Industrial District to Conditional A-24 Apartment District for a 209-unit multi-family development. The proposal is consistent with the Comprehensive Plan and Pembroke Strategic Growth Area objectives, which encourages infill and redevelopment as well as identifying the Central Business Districts including the Bonney Area as locations intended to accommodate future growth and redevelopment. The proposed multi-family development is particularly consistent with the Comprehensive Plan's objective of expanding housing opportunities within strategic growth areas. The Comprehensive Plan specifically encourages additional multi-family housing to strengthen the area's attractiveness to both residents and employers while enhancing the overall quality of place. While the Comprehensive Plan encourages development within strategic growth areas to establish a more urban development pattern by locating buildings closer to the street and reducing setbacks, there are several site-specific constraints that significantly influence the development pattern, including the presence of the Chesapeake Bay Resource Protection Area, the Thalia Creek Greenway, and the associated buffer and environmental preservation requirements. These natural features limit development opportunities and require the site design to balance environmental protection with redevelopment objectives. The development also remains subject to the previously approved CBPA variance and its associated conditions, which address environmental protection measures, including limits on encroachment, land disturbance, stormwater management, tree preservation, and buffer restoration. These conditions help ensure that redevelopment of the property occurs in a manner that protects the environmentally sensitive areas that define the character of the Bonney Area. Bonney Rd Apartments LLC Page 3 of 5 Staff received one letter of opposition and one letter of concern regarding the application. Both cited concerns regarding traffic and impacts to surrounding properties. There was one speaker registered for Planning Commission hearing; they were not online when the item was heard. Between the Planning Commission and City Council hearings, the applicant added Proffer 8 to address on-site stormwater management and drainage, including provisions to accommodate and manage stormwater runoff from the portion of the paved multi-use trail located along the western boundary of the property. 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. Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "BONNEY ROAD Conceptual Development Plan", prepared by Timmons Group dated August 1, 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 fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 2 The architectural design, appearance, exterior building materials and height of the buildings to be built on the Property shall be substantially compatible with the architectural design, appearance, exterior building materials and heights depicted on the building renderings and elevations entitled "BONNEY ROAD", dated June 26, 2026, prepared by HEFFNER ARCHITECTS PC, which have been exhibited to City Council, are on file with the Planning Department, and are included herein by this reference. Proffer 3 The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "BONNEY ROAD Conceptual Landscape Plan" prepared by Timmons Group dated August 1, 2026 ("Landscape Plan"), which has been exhibited to City Council, is on file with the Planning Department and is included herein by this reference. Significant changes to the Landscape Plan may be made to accommodate environmental, engineering, topographical or other development Bonney Rd Apartments LLC Page 4 of 5 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 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 When developed, a maximum of 209 multi-family residential units will be developed on the Property. Proffer 6 Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 7 The Applicant will construct the following road improvements within the right of way of Bonney Road: (i) a right turn lane into the Property with 100 feet of storage and 100 feet of taper; and (ii) a left turn lane into the Property with 150 feet of storage and 150 feet of taper. The location and symmetry of the proposed road improvements will be determined in consultation with Traffic Engineering and the Virginia Department of Transportation during site plan review. If insufficient right of way or design limitations prevent the construction of the required left turn lane, the Property will be developed in such a way as to prevent vehicles from turning left into the Property from Bonney Road. Proffer 8 The Applicant will design its on-site stormwater management and drainage system to accommodate and manage stormwater currently handled by the ditch running roughly parallel to the Grantee's paved multi-use trail located along the western boundary of the Property, including any public water carried by that ditch. Proffer 9 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 10 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 Bonney Rd Apartments LLC Page 5 of 5 the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Concern (1) Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department �f City Manager:1� Agenda Applicant: Bonney Rd Apartments LLC Property • •i Planning Commission ' • September • 2026 V_B� CouncilCity / /istrict 4 (Ross-Hammond Project Details Request Conditional Rezoning (1-1 Light Industrial District to — . .. ... Conditional A-24 Apartment District) __. ,.. _ r j NINA DR 0 _.. _. x u. $f(GUVIA CT a ~ m `2 Staff`Recommendation y 22; p s CARA LNfA v y m LI°, ?SFP v - ACLOR O p a Y,(, y a 2 O z BAN Approval PQ m aO INO LSC c °A z N w �OPVP i �k � O CFNO CO_S, Staff Planner Marchelle ColemanP`N z Location 4576 Bonney Road GP/N 1477524516 26' NON SOU, ,, 51Y0 c 114 Site Size LTON 11.8 acres Z n A'loN e G vF - )R .4 P 1i 1. A/CUZ aQ° Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant lot/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts North Multi-family dwellings/ B-4 Mixed Use South Bonney Road Hotel, office/ B-3 Central Business, 1-1 Light Industrial East Funeral home, multi-family dwellings/ B-3 Central Business, B-4C Central Business Mixed Use West Hotel, multi-family dwellings, Interstate-264/ B-3 Central Business, B-4C Central Business Mixed Use Bonney Rd Apartments LLC Agenda Item 11 page 1 of 28 Background SummaryofProposal • The applicant is requesting a Conditional Rezoning from 1-1 Light Industrial District to Conditional A-24 Apartment District to develop the site with a 209-unit multi-family development resulting in an overall density of 21.5 units per acre. • The 11.8-acre site is currently undeveloped, lies within the Central Business District/Bonney Area of the Pembroke Strategic Growth Area (SGA), includes the Thalia Creek Greenway, and a portion of the site is located within the Chesapeake Bay Resource Protection Area (RPA). • The proposed development includes two 4-story multi-family residential buildings; the tallest point of the buildings will have a maximum height of 55 feet, 1 inch. Per Section 604(b) of the Zoning Ordinance, the maximum building height in the A-24 Apartment District is 45 feet; as such, the applicant is requesting a deviation from the height requirements, in accordance with Section 107(i) of the Zoning Ordinance. • The building elevations will incorporate high-quality exterior materials, including vinyl siding, brick veneer, and glass, complemented by an earth-tone, neutral color palette consisting of gray, beige, and brown. • Amenities include a resort-style swimming pool and courtyard, as well as a fitness center with views overlooking the pool. • As depicted on the conceptual landscape plan, the applicant proposes street frontage and building foundation plantings along Bonney Road and interior parking lot landscaping throughout the site. Based on the conceptual landscape plan, the proposed landscaping appears to satisfy the applicable Zoning Ordinance and Site Plan Ordinance standards; however, a comprehensive review of all planting and screening requirements will be conducted during final site plan review. • Right-of-way improvements are proposed in accordance with the proffered conceptual plans, including an 11-foot-wide side path along Bonney Road, as recommended by the City's Active Transportation Plan, as well as a right-turn lane with 100 feet of storage and 100 feet of taper and a left-turn lane with 150 feet of storage and 150 feet of taper.The final location and configuration of the roadway improvements will be determined in consultation with Traffic Engineering and the Virginia Department of Transportation during site plan review. • The building fronting the Thalia Creek Greenway is thoughtfully designed to complement the adjacent greenway and enhance the pedestrian experience. The Thalia Creek Greenway multi-use path will remain, and as part of the project, a portion of approximately 150 linear feet or less of the trail will be realigned to accommodate the development. The existing and realigned portion of the path will be within a pedestrian easement which is proposed to be reduced from 25 feet to 20 feet. The 10-foot-wide multi-use path will be centered within the 20-foot easement, providing a 5-foot area on either side of the path. • A freestanding monument-style sign is proposed at the entrance of the site along Bonney Road. In accordance with Proffer 6, the sign shall not exceed eight(8) feet in height and shall be constructed using materials that are compatible with the architecture and building materials of the multi-family buildings. Bonney Rd Apartments LLC Agenda Item 11 page 2 of 28 Additionally, the proffered landscape plan depicts the required landscaping around the base of the proposed sign. • At the time this application was submitted, the proposed development did not satisfy the minimum parking requirements for multi-family dwellings established in Section 203(a)(12) of the Zoning Ordinance. To support a reduction in the required number of parking spaces, the applicant submitted a parking study prepared by Timmons Group, dated June 16, 2026. The study was reviewed pursuant to Section 203 of the Zoning Ordinance, which permits reductions in required parking when a significant number of patrons are anticipated to arrive by walking, public transportation, bicycle, or other alternative modes of transportation. Based on the applicable requirements at the time of submission, 378 parking spaces would have been required for the proposed development.The parking study demonstrated that the proposed 307 spaces would adequately accommodate the anticipated parking demand. Since submission of the parking study, the parking requirements have been amended, as specified in Section 203(b)(11.1) of the Zoning Ordinance,to allow a reduced requirement of one-half parking space per dwelling unit for developments located within one-half mile of a covered bus stop. Under the amended requirements, the development is required to provide only 105 parking spaces. Because the parking study was submitted prior to the amendment,the study was reviewed and approved by the Zoning Administrator under the requirements in effect at the time of submission.The Parking Study Determination Letter is provided on page 22 of this report. • The development will also provide 11 bicycle parking spaces, as required, including six covered spaces and five outdoor spaces. • A variance to the Chesapeake Bay Preservation Area (CBPA) Ordinance was pursued and granted by the CBPA Board in May of 2020. The CBPA variance approval includes 16 conditions addressing the amount of encroachment into the RPA, limits of land disturbance and fill, buffer restoration and tree preservation, stormwater management, construction practices, and a contribution to the Lynnhaven Oyster Heritage Program. This proposal substantially reduces encroachment into the RPA and the amount of impervious cover within the buffer compared to the previously approved variance. The previous variance authorized just over 18,000 square feet of encroachment into the RPA, while the current proposal reduces the encroachment by more than 50%, to approximately 8,753 square feet. Environmental staff conducted a preliminary review of the proposal, with a more detailed review to be completed during the site plan process. • A Phase I Environmental Site Assessment was provided by Olympia Development, dated August 23, 2021. The Phase I Environmental Site Assessment revealed that there is no evidence of Recognized Environmental Conditions (REC), Controlled Recognized Environmental Condition (CREC), or Historical Recognized Environmental Conditions for the subject site. Based upon the results of the investigation, Olympia Development recommends no further action be taken with respect to the environmental integrity of the subject property at this time. Bonney Rd Apartments LLC Agenda Item 11 page 3 of 28 Zoning • # Request BZ FNoq CRZ (0-2 to B-4C) Approved 02/08/20,05 � B4 �R CUP (Multi-family Dwellings) Approved 1 02/08/2005 B3 CUP(Grocery Stores) Approved 02/08/2005 2 CUP(Motel) Approved 09/12/1995 3 CRZ (0-1 to B-3)Approved 08/24/1987 �p �1f Z B4C B3 B3 R ?6, 1/ B3 R Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Bonney Rd Apartments LLC Agenda Item 11 page 4 of 28 Evaluation • • • In Staff's opinion, this request to conditionally rezone this 11.8-acre parcel from 1-1 Light Industrial District to Conditional A-24 Apartment District for the construction of up to 209 multi-family dwelling units is acceptable. The request is consistent with the overall redevelopment objectives, land use policies, and housing goals established in the imagineVB 2040 Comprehensive Plan and the Pembroke SGA Implementation Plan. Although the proposed development does not fully incorporate all of the urban design principles associated with the Pembroke SGA, specifically those that encourage reduced setbacks and buildings located closer to the public street, staff finds that the development, when evaluated in its entirety, remains compatible with the vision for the Bonney Area and advances many of the policies intended to guide redevelopment within this strategic growth area. The proposed development would transform an undeveloped 11.8-acre 1-1 Light Industrial zoned parcel within the Pembroke SGA into a 209-unit multi-family residential community at a density of 21.5 units per acre.The imagineVB 2040 Comprehensive Plan specifically identifies infill and redevelopment as the primary strategy for accommodating future growth, stating that redevelopment should focus on replacing or improving underutilized sites to meet current community needs. Furthermore, the Comprehensive Plan identifies the Central Business Districts within the Pembroke SGA, including the Bonney Area, as locations specifically intended to accommodate future growth and redevelopment. Although the site's future land use designation is identified as an Industrial and Logistics Place Type, the property's location within the adopted Pembroke SGA boundaries requires consideration of the more detailed policies contained within the Pembroke SGA Implementation Plan, which specifically encourages a broader mix of residential, office, commercial, and hospitality uses. The proposed multi-family development is particularly consistent with the Comprehensive Plan's objective of expanding housing opportunities within strategic growth areas. The Comprehensive Plan specifically encourages additional multi-family housing to strengthen the area's attractiveness to both residents and employers while enhancing the overall quality of place. Likewise, the Pembroke SGA Implementation Plan identifies the Bonney Area as a location suitable for residential mid-rise and high-rise development because of its interstate visibility, access to major transportation corridors, and proximity to employment centers.The proposed four-story residential buildings are consistent with this vision and contribute to the creation of a stronger residential presence along the Bonney Road corridor, which is specifically identified as a long-term redevelopment objective. While the Comprehensive Plan encourages development within strategic growth areas to establish a more urban development pattern by locating buildings closer to the street and reducing setbacks, there are several site-specific constraints that significantly influence the development pattern, including the presence of the Chesapeake Bay Resource Protection Area, the Thalia Creek Greenway, and the associated buffer and environmental preservation requirements. These natural features limit development opportunities and require the site design to balance environmental protection with redevelopment objectives. Although the building is not located directly adjacent to the street, the site layout limits parking between the building and roadway to two rows of parking with an intervening drive aisle, while the remaining parking is located along the side and Bonney Rd Apartments LLC Agenda Item 11 page 5 of 28 interior portions of the site.This configuration allows the development to maintain a more prominent building presence along the roadway while responding to the site's unique characteristics and minimizing the visual impact of surface parking. Additionally, although the buildings are not positioned immediately adjacent to Bonney Road, the proposed development incorporates numerous design elements that support the Comprehensive Plan's broader urban design principles.The applicant proposes high-quality building materials, including brick veneer, vinyl siding, and glass, as well as foundation plantings and interior parking lot landscaping. Right-of-way improvements include an 11-foot-wide side path along Bonney Road, which directly supports the City's Active Transportation Plan and strengthens pedestrian connectivity within the Pembroke SGA.The development also provides bicycle parking and includes a parking reduction supported by a professionally prepared parking study that recognizes the site's potential to accommodate alternative modes of transportation, including walking, bicycling, and future transit opportunities. As mentioned previously, Per Section 604(b) of the Zoning Ordinance, the maximum building height in the A-24 Apartment District is 45 feet. At the tallest point, the buildings reach a maximum of 55 feet and 1 inch, as such the applicant is requesting a deviation to the height requirements, in accordance with Section 107(i) of the Zoning Ordinance. Section 107(i) authorizes the City Council to approve deviations from applicable dimensional requirements when good cause is demonstrated and no significant adverse impact on surrounding properties is anticipated. Staff finds the requested 10-foot, 1-inch deviation to be relatively modest and is supportive of the request, as the proposed height remains compatible with the surrounding development pattern and supports the residential density envisioned for the Bonney Area. Many of the adjacent properties are developed with three-story structures of comparable scale, including the nearby Extended Stay Hotel, which appears to be approximately 40 feet in height. While the proposed buildings would exceed the height of some immediately surrounding development, the property is also located in close proximity to Virginia Beach Town Center, where substantially taller buildings are present. The proposal also demonstrates a commitment to preserving and enhancing the site's relationship with the adjacent Thalia Creek Greenway. The applicant has coordinated with the City regarding the relocation of the trail and has agreed to assume all costs associated with those improvements. As part of these discussions, the applicant has requested a reduction of the existing 25-foot-wide pedestrian access easement (Instrument No. 202207000062) to 20 feet.The proposed realignment will include a 10-foot-wide multi-use path centered within the 20-foot easement, providing a 5-foot area on either side of the path. This configuration exceeds the VDOT requirement for a 10-foot-wide path with a minimum 2-foot shoulder on each side.The existing drainage ditch adjacent to the trail will be removed, and runoff from the relocated path will be collected and conveyed through the proposed development's stormwater management system. The final design and drainage improvements will be incorporated into the construction plans for the project. The requested reduction of the existing pedestrian access easement from 25 feet to 20 feet will require City Council approval. The request will considered at a future City Council meeting. The development also remains subject to the previously approved CBPA variance and its associated conditions, which address environmental protection measures, including limits on encroachment, land disturbance, stormwater management, tree preservation, and buffer restoration.These conditions help ensure that Bonney Rd Apartments LLC Agenda Item 11 page 6 of 28 redevelopment of the property occurs in a manner that protects the environmentally sensitive areas that define the character of the Bonney Area. Consistent with Section 203 of the Zoning Ordinance, the applicant submitted the Bonney Road Apartments Parking Analysis, dated June 16, 2026,to support a reduction in the minimum required parking. At the time the study was submitted, 378 parking spaces were required. Pursuant to Section 203(b)(11), the Zoning Administrator may approve a reduction when a substantial number of patrons are expected to arrive by walking, bicycle, public transportation, or other alternative modes of transportation.The submitted study, which included Institute of Transportation Engineers (ITE) parking generation data and a site-specific parking analysis, supported a reduction to 307 spaces.The Zoning Administrator subsequently approved the reduction based on the requirements in effect at the time the study was submitted. Since that determination, the parking requirements have been amended to allow residential developments located within one-half mile of a covered public transportation shelter to provide one-half parking space per dwelling unit. Under the amended requirements, 105 parking spaces are required, which is exceeded by 202 spaces. However, following a review of the submitted parking study, the Zoning Administrator determined that a reduction in the minimum ' required parking from 378 spaces to 307 spaces was justified. With the subsequent amendment to the parking requirements, the development satisfies the applicable minimum parking requirement on site.The Parking Study Determination Letter is provided on page 22 of this report. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. Only the elementary school data indicates a student population above capacity. The 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. As depicted on the proffered conceptual site plan, primary access to the site is proposed from Bonney Road, with a separate 20-foot-wide emergency fire access also provided along Bonney Road. The conceptual site plan has been reviewed by the Fire Marshal's Office, which raised no concerns regarding the proposed access, circulation, or overall layout. Further review will be conducted during the final site plan review process. Traffic Engineering has reviewed this request. Based on the anticipated trip generation associated with the proposed 209-unit multi-family residential development, the project is expected to generate approximately 1,298 average daily trips (ADT). As a result of the trip generation for the proposed multi-family development, both left-and right-turn lanes will be required at the proposed access point on Bonney Road. As proffered, if the left-turn movement from Bonney Road cannot be designed in accordance with the City of Virginia Beach Public Works Design Standards, during the site plan review process, the left-turn movement from Bonney Road into the development shall not be permitted. In such an event, the access point shall be designed to physically prohibit left turns into the development, as noted in proffer 7. Based on the considerations mentioned above, Staff finds that the proposed development is compatible with the goals, policies, and principles of the imagineVB 2040 Comprehensive Plan and the Pembroke SGA Implementation Plan. Although the development does not fully incorporate every recommended urban design principle, including reduced building setbacks, the proposal successfully advances the Comprehensive Plan's Bonney Rd Apartments LLC Agenda Item 11 page 7 of 28 broader objectives of encouraging higher-density residential development, promoting infill and redevelopment, enhancing multimodal connectivity, preserving environmental resources, and strengthening the long-term vision for the Pembroke Strategic Growth Area. As such, staff is supportive of this request subject to the proffers listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "BONNEY ROAD Conceptual Development Plan", prepared by Timmons Group dated August 1, 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 fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer The architectural design, appearance, exterior building materials and height of the buildings to be built on the Property shall be substantially compatible with the architectural design, appearance, exterior building materials and heights depicted on the building renderings and elevations entitled "BONNEY ROAD", dated June 26, 2026, prepared by HEFFNER ARCHITECTS PC, which have been exhibited to City Council, are on file with the Planning Department, and are included herein by this reference. Proffer The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "BONNEY ROAD Conceptual Landscape Plan" prepared by Timmons Group dated August 1, 2026 ("Landscape Plan"), which has been exhibited to City Council, is on file with the Planning Department and is included herein by this reference. Significant changes to the Landscape 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 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. Proffers When developed, a maximum of 209 multi-family residential units will be developed on the Property. Bonney Rd Apartments LLC Agenda Item 11 page 8 of 28 Proffer 6 Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 7 The Applicant will construct the following road improvements within the right of way of Bonney Road: (i) a right turn lane into the Property with 100 feet of storage and 100 feet of taper; and (ii) a left turn lane into the Property with 150 feet of storage and 150 feet of taper. The location and symmetry of the proposed road improvements will be determined in consultation with Traffic Engineering and the Virginia Department of Transportation during site plan review. If insufficient right of way or design limitations prevent the construction of the required left turn lane, the Property will be developed in such a way as to prevent vehicles from turning left into the Property from Bonney Road. Proffer The Applicant will design its on-site stormwater management and drainage system to accommodate and manage stormwater currently handled by the ditch running roughly parallel to the Grantee's paved multi- use trail located along the western boundary of the Property, including any public water carried by that ditch. Proffer Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer io 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. Comprehensive Plan Information Under the imagineVB 2040 Comprehensive Plan, the subject site is located within the Pembroke Special Growth Area (CBD/Bonney Area), is designated as an Industrial and Logistics Place Type, and is adjacent to the Thalia Creek Greenway.The Comprehensive Plan directs future growth toward infill and redevelopment opportunities, noting that "imagineVB directs most growth through infill and redevelopment techniques. Infill involves adding new buildings to vacant or underutilized land within already developed areas. Redevelopment is replacing or upgrading older buildings or sites to meet today's needs" (p. 17, imagineVB 2040 Comprehensive Plan).The site is also located within the adopted boundaries of the Pembroke SGA, which identifies the Central Business Districts in the Pembroke SGA, including the Core, Waterfront, and Bonney Area, as locations intended to accommodate future growth and redevelopment (p. 96, imagineVB 2040 Comprehensive Plan). Bonney Rd Apartments LLC Agenda Item 11 page 9 of 28 The long-term vision for the Pembroke SGA recognizes the area's strategic location along 1-264 and identifies opportunities for higher-density development supported by future transit investments (p. 89, imagineVB 2040 Comprehensive Plan). The Comprehensive Plan specifically encourages the development of additional multifamily housing, including mid-rise structures, to strengthen the area's appeal to residents and businesses while enhancing Virginia Beach's overall quality of place (p. 95, imagineVB 2040 Comprehensive Plan). Similarly, the Pembroke SGA Implementation Plan identifies the Bonney Area as a location that benefits from interstate visibility and is supported by a mix of residential high-rise and mid-rise developments and hotels (p_ 28, Pembroke SGA Implementation Plan).The plan further emphasizes that the area is organized around the natural setting of Thalia Creek, which serves as the greenway open space for downtown Virginia Beach (p. 28, Pembroke SGA Implementation Plan). The Pembroke SGA Implementation Plan notes that the area includes refurbished hotels, office buildings, and newer residential developments and anticipates additional office and commercial development supported by a strong residential presence along the Bonney Road corridor(p. 29, Pembroke SGA Implementation Plan).The plan further states that higher-density development should be concentrated along Bonney Road, with development transitioning to a smaller scale near Thalia Creek and Columbus Station (p. 29, Pembroke SGA Implementation Plan). The site is adjacent to the Thalia Creek Greenway.The Comprehensive Plan states that "Trail-oriented Development standards will help coordinate form and land uses along the trail links" (p. 66, imagineVB 2040 Comprehensive Plan). These standards encourage developments to provide safe and convenient walking, rolling, and cycling connections and to provide access to natural open spaces and parks (p. 153, imagineVB 2040 Comprehensive Plan). Additional design principles encourage the separation of vehicular and non- vehicular circulation (p._154, imagineVB 2040 Comprehensive Plan), locating buildings closer to pedestrian streets (p. 155, imagineVB 2040 Comprehensive Plan), orienting primary building entrances toward the street (p. 155, imagineVB 2040 Comprehensive Plan), using durable and high-quality building materials (p 155, imagineVB 2040 Comprehensive Plan), and locating parking areas to the side or rear of buildings rather than along the street frontage (p. 158, imagineVB 2040 Comprehensive Plan).Trail-specific design recommendations also encourage residential structures to maintain a 20-to 35-foot setback from the trail edge, provide doors, windows, and outdoor amenities that face the trail, and limit auto-oriented uses, including surface parking, adjacent to designated trail locations (p. 200, imagineVB 2040 Comprehensive Plan). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and specifically within the Resource Protection Area (RPA), which is the more stringently regulated portion of the Chesapeake Bay Preservation Area (CBPA). Additionally, the property is located in the Special Flood Hazard Area Zone AE, with a Base Flood Elevation (BFE) of 7 feet NAVD88. There are no known historic or cultural resources that will be affected by this project. Bonney Rd Apartments LLC Agenda Item 11 page 10 of 28 Tragic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-0 ADT Bonney Road 17,300 ADTI 25,100 ADT 1(LOS 4 "D") Existing Zoning: 895 ADT on 11.8- acre 1-1 zoning Proposed Land Use a-1,298 ADT 1 Average Daily Trips 2As defined by a 'As defined by 209 4LOS = Level of vacant parcel multi-family dwelling Service units Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Bonney Road, in the vicinity of this application, is a four-lane undivided minor urban arterial. It is shown as an undivided facility on a 70-foot right-of-way on the MTP Map. There are no proposed CIP projects for Bonney Road in the area of this application. This section of Bonney Road does fall within the study area for the VDOT I- 264/Independence Interchange study. A preliminary study has been completed and VDOT and the City of Virginia Beach are now moving the project to the next stage of project study, which is the Interchange Access Report. Active Transportation Plan(ATP) The Active Transportation Plan proposes a protected bike lane along Bonney Road. A protected bike lane and a 5-foot-wide sidewalk will provide safe active transportation options for both pedestrians and bicyclists and supports the implementation of the SGA CBD plan. Parks&Recreation would support an 11-foot-wide minimum sidepath in lieu of the sidewalk and protected bike lane because it also increases pedestrian and bicyclist safety in this busy corridor, supports the SGA plan, and is cohesive with apartment developments in walkable communities. Public Utility Impacts water There is an existing 8-inch City water main along Bonney Road.The site must connect to City water. Sewer There is an existing 8-inch City sanitary sewer gravity main along Bonney Road. The site must connect to City sewer. Bonney Rd Apartments LLC Agenda Item 11 page 11 of 28 School • . School Current Capacity Generation' Change Enrollment Thalia Elementary 591 students 588 students 24 students 24 students Independence Middle 1,154 students 1,999 students 9 students 9 students Princess Anne High 1, 572 students 1,679 students 13 students 13 students 1 "Generation" represents the number of students the development will add to the school. 2 "Change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • 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, October 6, 2026 and October 13, 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 October 5, 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 16, 2026. Bonney Rd Apartments LLC Agenda Item 11 page 12 of 28 _ m SITE DATA: • TOTA-AREA 11.8+P-AC AREA IN WETLANDS 2.1 t1,AC F .+ NET AREA 9.7+/-AC • :EXISTING ZONING 1-1 PROPOSED ZONING CONDITIONAL A-24 TOTAL UNITS 209 • PROPOSED DENSITY 21.5 UNITS I AC J ,,,R? PARKING PROVIDED 307 SPACES ,I K ® BICYCLE PARKING REOVIRED 11 SPACES ..BICYCLE PARKING PROVIDED 11 SPACES .6 COVERED SPACES • -5 OUTDOOR SPACES -' MAXIMUM SITE COVERAGE 60% `l ,�,:f _ SITE COVERAGE PRUVIDED 35% � n REQUIRED/PROPOSED SETBACKS: .FRONT 30, SDE 10 -REAR 10, ` �(Mr M z o a O r iI w CL w D D v BONNEY ROAD N .�•` ,' Lu Conceptual Development Pfan Augusf 1,2026 �� 1 TIMMONSM.NGROUP o �+ h r 00 I- n vNueroscaaE PARKINGLO'RlIF.R1C7R CAlOtilA110N5. + ' `I 30 S.-PLANTED AREA PER PARKNG SPACE REQU�RE6 ;P ^ PARKING L01 INTERiOk COVERAGE R€OUREb 92�O SF � (30 Sf x 3V PARKING SPACES) PARKING LOT INTERIOR COV'ERACE PROVIDED305E x �, �l ,,f F ,/ ^ .PAWJNG LOI IN I ERIQR ME OVAN11MREWRpD§j. ` ,;r=,' � % '� ; N.3?Q�SF Ct?VERA9E NE4J 7SU SF PtANT£flAREA( ,. e. 10�. r • r s Ill y v ��I I V t 3 r� roece+rnAxF scxmu " o :a a aK. moxrs - ,, r r b 1ALks o R 94RS(N rD Qj k Q BONNET( ROAD - � I — rD Conceptual Landscape Plan-August 1,2026 ;�,yi T1MM©NS GROUP o o N r 00 N r) Conceptual Lighting Plan 4 �o 2� j µ p � a y p a o. , a O cN In q Q , a. m p WF Bonney Rd Apartments LLC Agenda Item 11 page 15 of 28 Proposed Building Elevations � s — y.. r ; :e LA O Q 0 N O W Z 071 m ` Lj a r R''0 r a jai } ` � 1Y t ' W r Bonney Rd Apartments LLC Agenda Item 11 page 16 of 28 Proposed Building Elevations 1 � ❑ El iCi[ s a r [ o0e N El L_] i...._I W C ( z m El r G c9 LE' LEI z z z � c c : W Y .;L!; Bonney Rd Apartments LLC Agenda Item 11 page 17 of 28 Proposed Building Elevations ■ MA � �r a e epal "M 1 on..:. , Ito Is MIA w MalNOwe ON MM UAW ! INK ■• W� 8 SIMON �•I, O M Aw wh 3 OWN .. W. m £, Proposed Building Elevations CO El ca OF j Hi BonneyRd Apartments LLC Agenda Item lI page l9of28 Proposed Building Elevations m ` am �mm No :s s m m n c,.. r. a. .o o A . .. an as L"a .. mr! on an .r ! :.E ®as me six an y .ri I � • I .. j SAllx ak } � t Li I ENLARGE PARTIAL ELEVATION ENLARGE PARTIAL ELEVATION ENLARGE PARTIAL ELEVATION BASIS OF DESIGN na ru-a.-�u�x iF {FYI-4'.C:.i{i+.�x»FY-Y%ar�Yny.a•Y1F WU {DL:®.3tliMf FIlQSTONThYA•i.INL H {IItl- CY{ H {V[tl-0.:F'a�.11.AX[ODSIDMNmO[-bTpa IPD '." '. •• ':• FI YP'{ACYG-MOD.f,M.�MINC YM1IW�G.Y w W rD Ye .!FYI S:YiG-XOn:CM'.N.tt-.AtR Y6 MH 4X.enD CflMllnlFC.i+\TF@1Y _--____ > � BRICK BASIS OF DESIGN _0 rD § v r N - rD BONNEY ROAD ��EFF�GQ rD h FFGM1iC7ifC 0 cn 2026.06-26 00 N C7 Parking • y Determination Lefter I CITY OF PLANNING &COMMUNITY DEVELOPMENT V I RG I N I A Zoning Administration �Y BEACH 2403Courrginia each,ve,Building C Virginia Beach,VA 23456 DATE August 17,2026 TO Tuck Bowie I Terry Peterson Companies Steve Schmidt, PE, PTOE,AICP I Timmons Group FROM Hannah Sabo,Zoning Administrator SUBJECT Parking Reduction—Bonney Road Apartments Mr.Bowie, This letter is in response to your request for an administrative parking reduction.According to section 203(b)(11)of the City Zoning Ordinance,the Zoning Administrator can reduce the number of required parking spaces if a substantial number of patrons are pedestrians or arrive by bicycle or alternative modes of transportation. The Bonney Road Apartments project includes 209 total units of multifamily housing.The parking study entitled,"Bonney Road Apartments Parking Analysis"and dated June 16,2026,has been submitted to the Zoning Office. Included in the document is ITE parking generation data and a site-specific parking study. Following review of the document, I have determined that the proposed reduction to 307 required parking spaces for the above referenced property is approved.The following factors were considered in approving this reduction in parking from 378 required spaces to 307 spaces. • Sidewalks are provided along one or both sides of Bonney Road, Independence Boulevard,and Constitution Drive in the vicinity of the site.A community shared use path travels through the site and connects Independence Boulevard to Constitution Drive. • The site is located less than a%mile walk/bicycle ride from Virginia Beach Town Center. • The site is within the Pembroke Strategic Growth Area which encourages opportunities for shared and mass transportation and opportunities to commute by walking or biking. • The site is within a half mile of a Hampton Roads Transit bus stop at Independence Road and Wicklow Place with multiple routes servicing the area.Section 203(b)(11.1)of the City Zoning Ordinance allows a reduction in required parking for dwellings within a half mile of a public transportation facility shelter to.5 parking spaces per dwelling unit. Based on the factors listed above,this site is approved to have a required 307 off-street parking spaces to accommodate 209 apartment units.This approval is valid only for the use as described. Redevelopment or repurposing the site to a new use voids this approval.Should the site increase in size and/or capacity,a new parking study will need to be provided to the Zoning Office for review. If I can be of further assistance,please give me a call at(757)385-8545 or email at HSabo@VBgov.com. Sincerely, Hannah Sabo Zoning Administrator,City of Virginia Beach (757)385-4621 virginiabeach.gov/planning Bonney Rd Apartments LLC Agenda Item 11 page 22 of 28 Site Photos '3t s., Y . s4 `r +p s Site Photos 77177"7717 . i i' Bonney Rd Apartments LLC Agenda Item 11 page 24 of 28 Disclosure V- i BEACH ' The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION . . DISCLOSURE APPLICANT INFORMATION Applicant Name: B as listed on applicationONNEY RD APARTMENTS LLC Is Applicant also the Owner of the subject property? Yeso Noe If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese Noo if yes,name Representative: Richard L. Bowie Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yeso,+ Noo !f yes,list the names of all officers,directors,members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity I relationship with the applicant.(Attach list if necessary.) trs-- OB 22,LLC and J&L BONNEY RD APMTS LLC;Managers:Cecil V.Cutchins,Jr.and John N.Peterson,III Does the subject property have a proposed or pending purchaser? Yes U 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 Noe If yes,name the official or employee,and describe the nature of their interest. I I APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services 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 andfor individual Financing(mortgage,deeds of trust,cross-collateralization,etc.) e 0 1 ® TBD Real Estate Broker/Agent/Realtor 4 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 SECTION APPLICANT DISCLOSURE . -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation G 0 TBD Architect/Designer/Landscape O 0 Heffner Architects,PC Architect/Land Planner Construction Contractor (D Q Terry/Peterson Residential Companies,L.L.C. En ineer/Surve or/Agent 0 0 Timmons Group Legal Services 0 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,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. John H. Peterson, III, Manager _ 7-9 zp-L� Applicant Name(Print) Ap icantSignature Date I"Parent subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation,"See State and Local Government Conflict of interests Act VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an offiliated business entity relationship include that the some person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va.Code§2.2-3101. FOR thy USE ONLY: No changes as of(date): 10/7/2026 _Marehelle L. Coleman �( � 10/7/2026 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 SECTIONPROPERTY 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 2 relationship with the applicant. (Attach list if necessary.) Members.0LYWlU i� '::5TM'U-1J} LLLManagers:Cecil V.Cutchins Does the subject property have a proposed or pending purchaser? Yesl) 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? Yes 0 No O 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, crass-collateralization,etc.) 0 Lam:,)Real Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation O O Architect/Designer/Landscape O Architect/Land Planner Construction Contractor O Q Engineer/Surveyor/Agent O 0 Legal Services 0 0 Wilcox Savage PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. i understand that upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public b ore mmittee in connection with this application. Property Owner Name(Print) Property'Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Bonney Rd Apartments LLC Agenda Item 11 page 27 of 28 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. Bonney Rd Apartments LLC Agenda Item 11 page 28 of 28 OB 22,LLC, a Virginia limited liability company and BONNEY RD APARTMENTS LLC,a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement"or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between OR 22, LLC, a Virginia limited liability company ("Owner') and BONNEY RD APARTMENTS LLC, a Virginia limited liability company ("Applicant") being referred to collectively 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, Owner is the owner of that certain parcel of vacant partially wooded real property located in the City of Virginia Beach,Virginia, all as more particularly described in Exhibit A,attached hereto and incorporated herein by reference(collectively,"Property"); WHEREAS, Applicant has entered into an agreement with Owner for the acquisition of the Property; 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 Property,from I-1 Light Industrial District to Conditional A-24 Apartment District to construct multi-family dwellings on the Property; 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 GPIN#:-1477-52-4516-0000 Prepared by: Lisa M.Murphy,Esquire(VSB#39111) Willcox& Savage, P.C. 440 Monticello Avenge, Suite 2200 Norfolk,Virginia 23510 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 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: l. The Property shall be developed in substantial conformity with the conceptual site plan entitled"BONNEY ROAD Conceptual Development Plan",prepared by Timmons Group dated August 1,2026("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 architectural design,appearance,exterior building materials and height of the buildings to be built on the Property shall be substantially compatible with the architectural design, appearance,exterior building materials and heights depicted on the building renderings and elevations entitled `BONNEY ROAD", dated June 26, 2026,prepared by HEFFNER ARCHITECTS PC,which have been exhibited to City Council,are on file with the Planning Department, and are included herein by this reference. 3. The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled"BONNEY ROAD Conceptual Landscape Plan"prepared by Timmons Group dated August 1,2026 ("Landscape Plan"), which has been exhibited to City Council, is on file with the Planning Department and is included herein by this reference. Significant changes to the Landscape 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 fiilly engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2 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. S. When developed, a maximum of 209 multi-family residential units will be developed on the Property. 6. Freestanding signage located on the Property shall be monument-style,no larger than eight feet(8') in height,and shall be constructed of materials compatible with those used for the buildings located on the Property. 7. The Applicant will construct the following road improvements within the right of way of Bonney Road: (i)a right turn lane into the Property with 100 feet of storage and 100 feet of taper; and (ii)a left turn lane into the Property with 150 feet of storage and 150 feet of taper. The location and symmetry of the proposed road improvements will be determined in consultation with Traffic Engineering and the Virginia Department of Transportation during site plan review. If insufficient right of way or design limitations prevent the construction of the required left turn lane, the Property will be developed in such a way as to prevent vehicles from turning left into the Property from Bonney Road. 8. The Applicant will design its on-site stormwater management and drainage system to accommodate and manage stormwater currently handled by the ditch running roughly parallel to the Grantee's paved multi-use trail located along the western boundary of the Property,including any public water carried by that ditch. 9. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 10. 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 Conditional A-24 Apartment 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 full force and effect until a subsequent amendment changes the zoning of the Property and 3 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. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 4 WITNESS the following signatures and seals. GRANTOR: OB 22, LLC, a Virginia lin ited liability company By: (SEAL) Name: &4 Title: COMMON WEALTH/STATE OF CITY/COUNTY OFNa R C*4c�- ,to wit: The foregoing instrument was acknowledged before me this Aday of 2026 by y�( � � ;as � of OB 22, LLC, a Virginia limited liability company; on behalf of said company. [SEAL] • Notary Public z Tggt,•:�� Registration No: My Commission Expires: Oki ItO [Sigtt«!tne Page to P1offerer/Covencinty, Resirrclions an(I Con(fillons] GRANTOR: BONNEY RD APARTMENTS LLC, a Virginia limited liability company By: (SEAL) Name:Jo&61CX5Q�1 Title: McAno►�-4u�— COMMONWEALTH/STATE OFVi►'' +r-d' CITY/COUNTY 0Nrdj(-AC{ , to wit: The foregoing instrument was acknowledged before me this L`tf'day ofT O , 2026 b}t ( 7n t el-�, t , as of BONNEY RD I APARTMENTS LLC, a Virginia limited liab' ity company, on of of said company. [SEAL] oNAHUF,y of Public .c O ••,"qR�, Re shation No: 3Y ••.. .... . .w .• •�ti��' �":°•�OTiaY *u a boa�l My Commission Expires:.3 ' N11554 Q 'r G 1 ar [,Vgr atur•e Purge to Pr-gffer'ed C'ovencinis, Restrictions eind Conditions] Exhibit A to Pi-offered Covenants,Restrictions and Conditions Legal Description of the Property GPIN: 1477-52-4516-0000: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, situate, lying, and being in the City of Virginia Beach, Virginia, designated and described as "PARCEL - 1", as shown on that certain plat entitled: "RESUBDIVISION PLAT OF EMELINE DAUGHTREY PROPERTY "PROPERTY SURVEY OF C. W. MILLER PROPERTY" (MB 69, PG 32)AND PARCEL Al "PROPERTY OF GEORGE E. PEACE, ET AL" (MB 257, PG 40) AND LOT A, LOT B, LOT C & LOT D "PROPERTY OF COBO CORPORATION" (MB 114, PG 44) VIRGINIA BEACH, VIRGINIA", Scale 1" = 50', dated April 19, 2001, prepared by MSA, P.C,, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 298, Pages 9-13, to which reference is made for more particular description. And being further described as: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, situate, lying, and being in the City of Virginia Beach, Virginia, designated and described as "PARCEL- 1", as shown on that certain plat entitled: "PLAT SHOWING EASEMENTS TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH THALIA CREEK GREENWAY PARCEL -1 (M.B. 298, P. 9)", Scale 1" = 50'. dated February 25, 2020, and revised through February 24, 2022, prepared by the Department of Public Works, Engineering Group, Survey Bureau, which plat is duly recorded in the aforesaid Clerk's Office as Instrument No. 202207000062, to which reference is made for a more particular description. It being the same property conveyed to OB 22, LLC, a Virginia limited liability company by deed from City of Virginia Beach, dated April 28, 2022 and duly recorded April 29, 2022 in the aforesaid Clerk's Office as Instrument Number 202203025236. A-1 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #11 Bonney Rd Apartments, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 11,Bonney Rd Apartments,LLC. Ms. Murphy: Good afternoon again, Chair, Vice Chair, members of the Planning Commission, and staff. For the record,my name is Lisa Murphy. I'm a local zoning attorney,and I'm here today on behalf of the applicant, Bonney Road Apartments, LLC. With me today are Tuck Bowie, the Bowie, the president of the Terry Peterson Companies, and Henry Sills of Timmons Group, who are also available to answer any questions that you might have that I'm not able to answer. Just really briefly,wanted to go over the general specifics of the application. The applicant is seeking to conditionally rezone an 11.8-acre parcel,known as 4576 Bonney Road, and it's currently 1-1 Light Industrial, and the proposal is to conditionally rezone to A-24, in order to develop a 209-unit multifamily residential apartment community. The proposed development consists of, as I said, a 209-unit luxury apartment community, and it's designed as two buildings. So, you've got two 4-story residential buildings. One of the buildings, the larger building, is organized around a private, resort-style amenity courtyard, and that building faces Bonney Road. The second building is oriented toward the recently completed Salia Creek Greenway,that,as you all know, is a major pedestrian and bicycle corridor that connects Bonney Road with the Virginia Beach town Center. Parking between the front of the building and Bonney Road is limited, and the remaining parking spaces are located along the side and interior portions of the site. This particular configuration allows the development to maintain a more prominent building presence along the roadway, which is one of the design requirements of the SGA, while responding to the site's unique characteristics. There'll be a primary entrance on Bonney Road, with a separate gated emergency access as well. Proffered right away improvements include, and I think this is important to point out, an eleven- foot sidewalk along Bonney Road, As well as a right-turn lane with 100 feet of storage and 100 feet of taper, and a left-turn lane with 100 feet of storage and 100 feet of taper. As Marchelle mentioned this morning,if the left-turn lane can't be designed to VDOT and public work standards, then the proffer indicates that there would be no left turn lane into the property. Proffered landscaping includes street frontage and building foundation plantings along Bonney Road,as well as parking lot landscaping throughout the site. Wanted to touch on the site characteristics, especially the environmental. So, although this is an 11.7-acre site, 2 acres of the property are not developable. You've got the existence of Chesapeake Bay resource protection Areas, the Thalia Creek Greenway, forested wetlands, and associated buffers and environmental preservation requirements, as well as the fact that, as you see on the screen, this is a very strangely shaped parcel. The proposed site layout balances environmental protection with redevelopment objectives and your zoning ordinance requirements. We still have setbacks. That we have to meet,as well as the efficient layout of the project, The far eastern portion of the property, which contains forested wetlands, will remain undeveloped, so that will stay in its natural state. A Chesapeake Bay variance was previously granted for the development of the property, that would have allowed for 18,000 square feet of encroachment into the resource protection area. The proposed development, as Marchelle mentioned this morning, reduces that by 50 percent, so it's a much lesser impact on that. CBPA Resource Protection area, Thalia Creek Greenway. So obviously, the building fronting the Thalia Creek Greenway has been intentionally designed to activate the public realm and to support this safe, engaging pedestrian environment. Our clients fully intend that their residents will utilize that Thalia Creek Greenway,that,as you see,runs along the northeastern part of the property, as well as along the western property line, which is the area of concern that was addressed this morning. Residential units and interior walkways are oriented towards the greenway to provide continuous activity along the corridor, creating sort of an eyes on the greenway approach that enhances the passive surveillance,the safety, and the overall user experience. Most of you all went out for the site visit. This is an empty lot. There may or may not be homeless people living at the rear of the property, but in its undeveloped state, it really is not enhancing the greenway at all. But it's also not doing anything for this important SGA. So,this design really reinforces the city's investment in the greenway system, and supports its function as a recreational amenity and a functional transportation corridor. As was discussed, there's an existing 25-foot public access easement that runs along the Western property line. Outside of this easement is a city drainage ditch that encroaches on the property. Prior to filing this application. In recognizing all of the unique characteristics and constraints of this property,About 9 months ago,the applicant met with the City Attorney's office,public works, planning staff,various city departments to talk about. What are the options for being able to fully utilize this site with the existence of this 25-foot public access easement. As a result, staff came up with three options. There were two options that involved completely relocating this section of the trail to other portions of the property, and there was a third option, which really was staffs preferred option, and that was leave the trail where it is, or leave the easement where it is, where you've got the existing ten-foot trail currently, and allow for a slight modification to that existing paved area. That's the 150 linear foot modification that's discussed in the SAF report. It may not be that much,but that's the area that may have to be adjusted. And then the last thing would be a 50, sorry,a 5-foot reduction in the width of that easement. So,even with a 20-foot easement, you have the 10-foot improved multi use trail, and then you have five feet of shoulder on either side. This satisfies VDOT's requirements because all they require is two feet of shoulder on either side and a 10-foot multi-use trail. To Mr. Camp's point, if the city came back and wanted to make this a 14-foot trail, they could certainly come back and improve or add to the trail two feet on either side, and still have sufficient width to meet VDOT's shoulder requirements. So, it's still possible. There was concern about losing potentially light poles and landscaping. Obviously, there will be landscaping on the western side of the property,adjacent to the easement and the trail. There'll be lighting in the parking lot,and to the extent any lights need to be relocated. The client is happy to relocate those lights. In addition, in exchange for reducing the width of this section of the Public Access easement, that, as I mentioned, runs along the Western property line, the applicant is proffering to design for and accommodate the stormwater from the existing ten-foot trail and the improvements,and to increase that to include additional improvements that the city might require, which I think is an important point. As an added benefit, on-street parking lot lighting, as I mentioned, will be there. Canopy trees along the western portion of the property will enhance trail safety and overall user experience. In a way that, as I mentioned, an undeveloped lot really doesn't achieve any of those things. This is a high-quality exterior elevation. The elevations that have been proffered,obviously,high-quality architectural design. You've got premium amenities,as Marcel indicated. The because of the pitch of the roof and this nice design that has been proposed,we are requesting a height deviation,which was covered at the informal session. The proposed development advances key planning goals related to infill development. This is where you want infill development. This is where you want density. It also enhances your goals of multimodal connectivity, urban design quality, and efficient land use, while transforming a transitional office and industrial site into a high-quality residential community. That's really going to strengthen the Bonney Road corridor and support continued growth of this critical urban core. I'm happy to answer any questions that you have. Staff is recommending approval. We respectfully request that you also recommend approval to City Council. I'm happy to address questions. And one more time,I think it's important to point out that this proposal has to go to council for the five-foot easement adjustment, But also, it is a proposal that's been fully vetted by public works staff, VDOT staff. City Attorney's Office and other city departments. Thank you for your time. Mr. Coston: Thank you, Madam Clerk. Do we have any speakers? Clerk: We have one speaker, Josh McDonald, via WebEx. Josh McDonald. That was our only speaker. Mr. Coston: I guess you can come back, ma'am. Commissioner Hippen. Ms.Hippen: Okay,I heard everything you said. I heard everything that was said at the informal. But when you guys purchased this parcel of land, you knew that that trail was there, the Thalia Creek Greenway. Ms. Murphy: It's under contract. It's it hasn't been purchased yet. Ms. Hippen: Okay. You went into,your client went into purchasing this property, knowing that path was there, that the greenway was there. So according to what is in the application according to what's in here,what staff wrote,you have still exceeded the number of parking spaces. So why can't that corner be redesigned to maintain what we have? I understand everybody's given the green light, but why do we need to tear up something that's already there that was planned for a long,long time? We had to wait to get that money. It's an established thing,and that's my question. Ms. Murphy: Let me start with the second part of your question,because we're not proposing to tear up what's there now. So, the existing 10-foot trail would remain. The request is the 5-foot easement vacation. But as far as parking, the operator or the developer, as is the case with most of the apartment community developers in town, they know how much parking typically is required, and in a normal situation, and when we filed this, it was before the reduction in parking that was approved. We give that to Hannah, the zoning administrator, and she looks at, okay, is this a reasonable amount of parking? So,the developer is comfortable with the amount of parking that was in their parking study, which,you're correct, is now more than the requirement, although it was less than the requirement earlier in the year. So that parking aspect of it. Based on their studies and their other properties in the area,that is the amount of parking they need. It's based on the mix of one- story,two-story, one-bedroom,three-bedroom units. It's based on the type of units. They've already adjusted the design and tweaked it in a way that they can leave the multi-use trail where it is. They're just seeking to reduce a five-foot section. And in turn,they're going to provide stormwater management for the whole trail,which currently there is not stormwater management. So that would be incorporated as part of their overall project design. Ms. Hippen: Okay, so then what we were told at the site visit and everything about moving part of the trail is not correct. Ms. Murphy: There was a part of the request, which now they don't think they need to do, is adjust a section up towards the end of the property, so that it lines up straight with the property line. They now think that they're not going to need the 150 feet or anywhere near 150 feet. Ms. Hippen: That's what I want. Ms. Murphy: So,they're,yeah,two separate issues. Mr. Camp: Thank you,thank you,Attorney Murphy. Appreciate you being here to explain this. With regard to the part that you last spoke to,is there a new exhibit illustrating this reduced impact to the pedestrian corridor,the pedestrian easement? Ms. Murphy: No, what they submitted, and actually what they've submitted as part of the application to City Council to reduce the width of the easement, incorporates a smaller reduction or a smaller relocation area, if any. And again, they still have to go through the design, but they think they now can work with the existing trail and not have to have that. I guess that would be the northwestern or northeastern end line up with the property line. Mr. Camp: This public amenity is called the Thalia Creek Greenway. The greenway consists of an asphalt trail,natural and intentional planted landscaping,space on either side that is open space, part of the viewshed,as well as lighting. To talk about just the asphalt path,as if that is the amenity, minimizes the 25-year plan that has been executed here by private developers, by the city, with state and federal dollars in it. It is an intentional corridor that is much more than an asphalt path. I believe, and I think you, as an applicant,would agree, it's highly attractive for the very uses that you want to put here. I like most of what is in your application. My questions here:when you talk about VDOT requirements,I'd like to put a finer point on that. Do you really mean this is the limit at which we could reduce the amenity without them having, without the city having to give back the grant money that paid for it. Is that really the standard you're talking about? Ms.Murphy: So,because,and we discussed this fact,this sort of stub section of the trail. Because if you look at it,the main portion of the trail runs along the northern property and then goes back over the brand new bridge. This stub to Bonney Road, as I understand it, was a VDOT requirement. So, any change to the easement or any adjustments require not only public works approval, but also VDOT's approval. So, this has been vetted through VDOT, and VDOT has indicated that their requirement is a 10-foot paved trail for the funding they provided the city, and that that trail have a shoulder of 2 feet in width on either side. Those are the VDOT requirements, as I understand them. So,this would,having five feet of shoulder on either side,would exceed the VDOT requirements for the trail. Mr. Camp: But the point about the VDOT requirements, this is a greenway that was built to exceed the mere VDOT requirements. It's a public amenity that's wider and has more in it. That the VDOT requirements are only a concern here because the city would have to give back a couple million dollars if so much alteration occurred that VDOT objected. It is my belief that our city standard, once we create a public amenity of this nature, is not to see how much we can reduce it before we have to give back money to a granting agency. It's to try to find a way to accommodate all of the uses,which I think is possible here. So, to that point, my next question. With regard to the parking, I had the benefit of conversation with Mr. Bowie,who went through each type of apartment and how many parking spaces. It was a good little bit of math, and I applaud you for not trying to overly reduce the parking on this site. That you are trying to have adequate parking. I believe,though,that the way that it is laid out,and Commissioner Hippen's point. In that corner where you're choosing to impact the pedestrian easement, I believe there are 17 parking spaces that are deadheaded toward the trail. In the area of potential impact, I believe you could realign those to be not vertical in, but either angled or sidled in. You might lose about eight of them, and you have enough room on the back of this parcel facing the greenway without hitting the RPA. Where you could slide in eight more parking spaces, It's all just marks on a paper now, and they cost money to produce. I appreciate that, but it seems to me that with sharp or pencil, you cannot impact some of these important lands, get all the parking that you're seeking to get, and not bother the 25-foot greenway. Has your applicant explored that? Ms. Murphy: So, as I mentioned, this process started over 9 months ago, and all of the options that city staff and VDOT presented were explored. I think, to the extent that you're saying the relocation of the,I guess that would be the northern portion,may not be necessary. That 150 linear feet, I think we would agree with you, and I think the engineer can probably address the fact that we don't need that 150 linear feet. But if you're really, what you're addressing is the 5-foot reduction in the public access easement, which, frankly, is an action that council is going to have to take. This is the layout in the design through the over the last year or so has been the one that meets all of the technical requirements,right? You've got the setback and the zoning ordinance and parking. You've got your landscaping,your open space, in addition to these environmental constraints. So,this is the threading of the needle that the engineers who are far more capable than I am of coming up with a design that threads the needle and meets all those requirements. This is the result of extensive work. Mr. Camp: I don't doubt that it's the result of extensive work. And I don't doubt that it meets all of these other requirements,including encroaching on a public amenity. My question was whether it had been looked at since this issue was raised. And as I understand it, I was the first person to raise it about the potential expansion of the trail within the pedestrian easement once it hooks up to the VB trail, and far more people are using this thing. Has someone gone back and looked? Can we adjust a couple parking spaces here and not impact, not encroach upon the easement? Ms. Murphy: That wouldn't fix the easement issue. I think the two issues are the reduction in the overall size of the easement, and then whether or not a section, a small section of the existing trail,needs to be adjusted or realigned. They've addressed the issue of probably don't need the 150 linear foot realignment. Whether or not the easement reduction is necessary is part of this engineered and designed plan that the engineers came up with. Mr.Camp: This is very difficult,and I'm going to stop belaboring this because I'm just not getting an answer. I asked, "Have you looked at adjusting it?" I've asked it a couple times, so I'll just leave the record show that I didn't get an answer to, was it adjusted? Has the city already invested $625,000 into this parcel, initially through an EDP grant through the VBDA? Later, converted into a reduction in the purchase price of public property. Ms.Murphy: City Council has taken two actions with regard to this property. One, I believe, in 2019, was the authorization to sell the property for a specified amount, and then a second action in 2021,which I believe was to reduce the purchase price and to offer a credit. That relates to the owner of the property and not the developer and the applicant, And I'm not sure that the price at which City Council decided to sell the land, or subsequent discounts, or subsequent council actions, how that would bear upon this planning activity. And as I mentioned, City Council will again have to address the width of that easement. Looking at the totality of the benefits, including the stormwater management,as we discussed,which is not currently provided within the easement, nor could it be provided within the confines of that easement. So,ultimately,the sale and the discount and the credits and all of that—that's a city council action. And frankly,that's why the reduction in the easement,which is also a City council action,is going to be heard by City council before this application gets to City Council. So, it was our understanding that it would be heard this month, But it can still be heard at the first meeting in October if we go to the second October meeting. Mr. Camp: Well, I'll just tidy up my question then, to me, the reason that this all ties together with this development application is that the public has already invested in this through the creation of a public amenity, which is now proposed for diminishment, and through the investment in a reduced purchase price for public land, where these easements and eventually, the amenity were already present and known to those who acquired it, and known in advance to those who now propose to develop it, I have to say that I am disappointed that the design over the course of 11.8 acres, nine of which are developable, couldn't accommodate five feet here to leave the public amenity alone,but thank you. Mr. Coston: Good, Mr. Plumlee. Mr.Plumlee: Thank you, Chair. With the Chesapeake Bay Preservation Area Ordinance, it was discussed at the informal and in the report. And if you could take us through, what is the current approval with regards to this site and the disturbance that could be done at this location. If it was to go forward, Ms. Murphy: The current approval,that was for the prior development. That included not only these two pieces that you see, but the portion that you can't really see to the east that connects would provide another connection with Bonney Road. That's the other part of the property,on the other side of Dragas,between Dragas and the funeral home. That's the other part of it. The CBPA variance that was granted previously was for 18,000 square feet of encroachment into the RPA, which is, you know, is a very sensitive area. This current proposal allows us to reduce that by more than 50%. Mr. Plumlee: I would just lecture, Having spent nine years on the Wetlands Board, if we're not going to stare at anything on our trail other than phragmites,we might want to pull our structures off the waterfront. So that we can have this look like something other than a sidewalk going through parking lots, is there anything else? There were a number of conditions placed on that approval. Is my understanding? Ms. Murphy: Which approval? Mr.Plumlee: The CBPA. That's right. Ms.Murphy: Yeah,that's my understanding. There were a number of conditions,and that prior application would have involved an impact to that the forested Wetland area,which is the you see the white area with the dots next to the landscaping on that eastern side of the property. So,yeah, it would have been a significant impact. Mr. Plumlee: So, the current owner, at my understanding, is an office builder, and has held this property for some time. And could build just that at this location, digging straight into this area. That is my understanding. The current approval. Ms. Murphy: Correct. There's not demand currently for office,right? Mr. Plumlee: I mean, frankly, I was looking for higher density on 12 acres in the middle of our city, than what you're able to produce with the parking limitations that we have already, and this variance, as I understand it, was done specifically to try to accommodate at least 200 units, when we're desperate for housing in this part of the city, is that fair? Ms. Murphy: Correct. Right. Mr. Coston: Thank you. Any other questions? Thank you. Open the floor for discussion or a motion. Ms.Byler: Chair Coston, I move that the application be approved. I would say that I very much appreciate the comments that I heard today and the alterations that have been made,just even this week since we met last week. I heard you say you probably don't need the 150-foot realignment. I would like to know if that could be removed from this application somehow, so that we know that's been taken care of. And regarding the 25-foot, or the 10-foot reduction in the easement, I recognize that's not a question for us. That's a matter that council is taking rather, the 5-foot reduction and the 25-foot easement is not a matter for us. So, I won't address it. I would just say, this is my district. I live there. I work there. I walk there. I jog there. I ride my bicycle. It's a highly used trail. It's a very valuable public amenity. Diminishing that public amenity in anyway, in my opinion, would be a very bad idea. Embracing it and seeing it as a wonderful amenity to this new luxury apartment complex is a good idea. Because people renting these apartments will come to work at town Center, and they're going to be using that trail. It's already highly used. Every time I go there, I see other people using it: baby carriages,joggers, walkers—you name it. So, long-winded way of saying that I make a motion that the application be approved. Mr. Coston: Second. Who was that second? Mr. Mauch: Mauch. Mr. Coston: Okay. It has been moved by Vice Chair Byler, and seconded by Commissioner Mauch,that this item be approved. Clerk: The vote is open. By a recorded vote of 9 to 1, Item 11,Bonney Rd Apartments,LLC, has been recommended for approval. Vote Tall Commission Member AYE 9 NAY 1 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 Moor'ani X Mauch X Proffers Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "BONNEY ROAD Conceptual Development Plan", prepared by Timmons Group dated August 1, 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 fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 2 The architectural design, appearance, exterior building materials and height of the buildings to be built on the Property shall be substantially compatible with the architectural design, appearance, exterior building materials and heights depicted on the building renderings and elevations entitled "BONNEY ROAD", dated June 26, 2026, prepared by HEFFNER ARCHITECTS PC, which have been exhibited to City Council, are on file with the Planning Department, and are included herein by this reference. Proffer 3 The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "BONNEY ROAD Conceptual Landscape Plan" prepared by Timmons Group dated August 1, 2026 ("Landscape Plan"), which has been exhibited to City Council, is on file with the Planning Department and is included herein by this reference. Significant changes to the Landscape 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 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 When developed, a maximum of 209 multi-family residential units will be developed on the Property. Proffer 6 Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 7 The Applicant will construct the following road improvements within the right of way of Bonney Road: (i) a right turn lane into the Property with 100 feet of storage and 100 feet of taper; and (ii) a left turn lane into the Property with 150 feet of storage and 150 feet of taper. The location and symmetry of the proposed road improvements will be determined in consultation with Traffic Engineering and the Virginia Department of Transportation during site plan review. If insufficient right of way or design limitations prevent the construction of the required left turn lane, the Property will be developed in such a way as to prevent vehicles from turning left into the Property from Bonney Road. Proffer 8 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 9 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. From: Harry Warren To: Marchelle Coleman Subject: Bonney Rd Apartments LLC application feedback Date: Friday,August 28,2026 9:59:44 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Coleman, I am an owner/occupant at Columbus Station Condos, and my opinion is that I do not believe the intersection of Bonney Rd. & Independence Blvd. can handle the additional traffic caused by the addition of this apartment complex. The traffic situation at this intersection is already awful. I come home on 264 East and take the second Independence exit. Often the cars are lined up at a standstill waiting to take the exit, and when we finally get onto Independence, we run into the cars coming off 264 West, which is the cause of all the backup of cars waiting on 264 East to take the Independence exit. If this apartment complex is built so close to the intersection, it will turn this place into a disaster, paralyzing the 264 East traffic trying to take the second Independence exit. It would make the backup of cars on 264 East even more dangerous with the potential for big crashes. An additional problem is, there would be a line of cars on Bonney Road waiting to make a left turn to get into the apartment complex. To prevent this, the Bonney Road apartment complex would need to be blocked off from vehicles making left turns into it. Perhaps there could be an Independence Blvd entrance to the complex created on the northside of the McDonald's on the corner, which would eliminate the need to enter via a left turn off Bonney Road. Thank you for your time and consideration. Sincerely, Harry Warren 4505 Indies Court Virginia Beach, VA 23462 From: tarheeIblu02(d'9mai1.com To: Marchelle Coleman Subject: BonneyRoadApartments LLC Date: Wednesday,September 2,2026 1:24:17 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. To whom it may concern, No just no!!There is NO justification for another apartment complex in this area.There are already plenty of apartment/condo choices.You are increasing crowding and traffic issues for those of us that live here.Why does the city of Virginia Beach insist on over building?There is no demonstrated concern for current homeowners! Janice Robinson 4500 Genoa circle Sent from my iPhone x _ OR(STR-OR) S'T tAR N ti� m i n n ® site Beach Vibe Stays LLC Ci zoning 1909 Cypress Avenue 0 Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 9/8/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACH VIBE STAYS LLC [Applicant] LEGACY BUSINESS CENTRE LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1909 Cypress Avenue (GPIN 2417970552). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 20, 2026 ■ Background: The applicant is requesting to operate five one-bedroom and one two-bedroom Short Term Rentals at 1909 Cypress Avenue. The applicant intends to convert the 2"d floor of the existing building into six apartment-style units while utilizing the ground floor for office space. The site has no prior zoning complaints, is not currently advertised, and has no prior documented stays. ■ Considerations: The five one-bedroom Short Term Rentals are required to have one off-street parking space per unit, and the one two-bedroom Short Term Rental is required to have two off-street parking spaces, totaling seven parking spaces. All seven parking spaces will be accommodated on site in spaces designated for the individual units. Additionally, adequate parking is available on site to accommodate the by-right office use. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The site has no prior rental listing or documented stays. 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 request by a vote of 6 to 4. 1. The following conditions shall only apply to the 6 proposed dwellings at 1909 Cypress Avenue to include 1 two-bedroom unit and 5 one-bedroom units, as shown on the concept plan, and the Short Term Rental use shall only occur in the principal structure. Beach Vibe Stays LLC Page 2 of 5 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Beach Vibe Stays LLC Page 3 of 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). Beach Vibe Stays LLC Page 4 of 5 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Beach Vibe Stays LLC Page 5 of 5 Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:1W Agrenda A•• Beach Vibe Stays LLCB Property ''. Business CouncilPlanning Commission Public Hearing: September 9, 2026 V _ City District • •' Project Details Request Conditional Use Permits (Short Term Rental) 3RO ST 23RD St 12Np HPLF 5 Staff Recommendation N° 22N°5 Approval sr vtµt B—hMddL SChCOi N ,. TL ,. EqChGiNtq 6y q`. m 215T9T Staff Planner R° s Alexis Bailey 26 .. d m�twrtY + a x Location p:� �z 1909 Cypress Avenue q 19Z"St rn .A�P GPIN m Y 2417970552 -` L A 6"s "YP4FSY Site Size >� 14 Va '� '. N nct Paq c ;Bexh i l OEP�"-6LVD ---� 26,013 square feet �Z r wRGtN,a m AICUZ " v PZ FOSHR 6�"5T' 70-75 dB DNL Watershed Chesapeake Bay ' Existing Land Use and Zoning District Former office/ OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Retail / OR Oceanfront Resort South Vacant lot/ OR Oceanfront Resort East Cypress Avenue Retail / OR Oceanfront Resort West Multi-Family Dwellings/OR Oceanfront Resort Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 1 of 17 Background SummaryofProposal • The 26,013-square-foot parcel is zoned OR Oceanfront Resort District. • According to City records, this former office building was constructed in 1999. • The proposed Short Term Rentals require one space per bedroom and the proposed office requires one space per three hundred thirty (330) square feet of floor area. The proposed Short Term Rentals require seven (7) parking spaces and the proposed 6,292 square foot office requires 19 parking spaces for a total of 26 parking spaces.The site contains 30 parking spaces, meeting and exceeding the parking requirement. • Staff inspected the site on May 20, 2026, to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Cypress Avenue. • There are no past violations or Zoning Complaints on this site. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018,the property would not be considered a grandfathered Short Term Rental, and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of May 18, 2026, as shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 2 of 17 Short , , k G r'M „ � E i 7 a , f , c�eva, `y S, N E ' E �E �S 1 4i -G 4 S, - x- = .A �ry ; Short Term Rentals STR Permits(8) Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 3 of 17 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Short Term Rental Details Unit 1 Unit 2 Unit 3 Unit 4 Unit 5 Unit 6 Number of 2 bedrooms: 1 1 1 1 1 Maximum number of guests 4 2 2 2 2 2 permitted after 11:00 P.M. Number of parking spaces 2 1 1 1 1 1 required (1 space per bedroom) Number of parking spaces 2 1 1 1 1 1 provided on site Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 4 of 17 HistoryZoning # Request OR{STR-0R) CUP (Short Term Rental) Approved 4, 02/18/2025 s� CUP(Short Term Rental)Approved �aSN 02/18/2025 CUP (Short Term Rental) Approved 02/18/2025 ti a OR(STIR- RIZZ CUP (Short Term Rental) Approved i C3R{S'CR=oR)� �< 02/18/2025 do CUP (Short Term Rental) Approved N N 02/18/2025 to i CUP (Short Term Rental) Approved 02/18/2025 CUP (Short Term Rental) Approved ,- 02/18/2025 CUP (Short Term Rental) Approved Application Types 02/18/2025 CUP: Conditional MDP: Modification of Proffers CUP (Short Term Rental)Approved Use Permit NON:Nonconforming Use 02/18/2025 REZ: Rezoning STC:Street Closure CUP (Short Term Rental)Approved CRZ: Conditional FVR: Floodplain Variance 02/18/2025 Rezoning ALT Alternative Compliance CUP (Short Term Rental) Approved MDC: SVR:Subdivision Variance 02/18/2025 Modification of LUP: Land Use Plan CUP (Outdoor Recreational Facility)Approved Conditions STR:Short Term Rental 12/1/2015 CUP (Off-Site Parking Lot) Approved 2 07/05/2000 CUP (Recreational Facility of an Outdoor Nature (Skateboard Ramp)) Approved 02/09/1993 3 CUP (Outdoor "Green Market") Approved 07/03/2012 4 CUP (Motor Vehicle Rentals) Approved 12/06/1994 Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 5 of 17 Evaluation • • • The applicant is requesting to operate five, one-bedroom and one, two-bedroom Short Term Rentals at 1909 Cypress Avenue. The six apartment-style units will be located on the top floor of the building with the ground floor containing office space. The 5 one-bedroom Short Term Rentals are required to have one off-street parking space per unit, and the 1 two-bedroom Short Term Rental is required to have two off-street parking spaces, totaling seven parking spaces. All seven parking spaces will be accommodated on site by parking one vehicle in each of the units' assigned parking spaces. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met and that the use of the property at this location for Short Term Rentals is appropriate. The site is centrally located in the ViBE Creative District and is in close proximity to the amenities offered at the Oceanfront. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 6 of 17 Recommended Conditions 1. The following conditions shall only apply to the 6 proposed dwellings at 1909 Cypress Avenue to include 1 two-bedroom unit and 5 one-bedroom units, as shown on the concept plan, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 7 of 17 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street.The sign required by this section shall include the owner or property manager's contact information. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 8 of 17 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use.The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 9 of 17 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, October 6, 2026 and October 13, 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 October 5, 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 16, 2026. Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 10 of 17 LayoutSite CT GAB d 2) 4'6 TO 5' LINE METER 2'G TO PROPERTY LINE 3 TELEPHONE BACKBOARD OFFICE BUILDING I � r-- 7th B-25 VIA TIMEGLOCK, - 3•iO,1#10 CAv O Q p*O ti SITE Fl.A 1 56-ALE: 1' = 20' Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 11 of 17 FLOOR PLAN NOTES ------- THE DIMENSIONS SHOWN ON DRAWINGS ARE APPROXIMATE AND SHALL BE VERIFIED BY ON SITE BEFORE PROCEEDING WITH INSTALLATION WORKS. urcP�rc 'b RMn�arc rA7H' y CONTRACTOR TO VERIFY ALL DIMENSIONS AND p CONDITIONSSHOWN ON THE DRAWINGS AT THE JOB �- SITE AND NOTIFY ARCHITECT OF ANY OMISSIONS, ) d -a•.R•- DISCREPANCIES,AND/OR CONFLICTS BEFORE PROCEEDING WITH THE WORK %/A1O1EN� uwn at U _ u DEMOLITION WORKS(IF ANY REQUIRED)SUCH AS REMOVAL OF PLANTS,TRESS FROM THE SITE AREA SHALL BE SUBJECTED TO EXISTING SITE CONDITIONS - (l}.11 7 s y _........ AND NECESSARY APPROVALS. � � NktH ��r-r�- 8 n WALL MATERIALSELECTION SHALL BE AS PERTHE CLIENT REQUIREMENT AND SHALL BE EITHER CONCRETE rcncnlxmt iJ k,, LL ORANYOTHER MATERIAL AS APPROPRIATE AND COST EFFECTIVE. syett. t kEeFa urn� L I~ YIIwIF'FiF—twa UNR-OS I � UNR O6 A t A L vp 13f, SIN m9 U\UNd1k' Q OJ ID 3 — -_ STAMP: NORTH: SCALE: DATE: N 06-22-2026 N SHEET: TRLE: N (D A-OS PROPOSED SECOND N FLOOR PUN N3 ............... W C N 0- Ln N N I.I. N Lri 0) O LA — N r � rn n Site Photos 7 }` Beach Vibe Stays LLC Agenda • page of Disclosure Statement CITY OF Disclosure V BEACH Statement VIRGINIA 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: f as listed on application PArib V I& Is Applicant also the Owner of the subject property? Yes No® If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes*No() If yes,name Representative: rtJA( L{�✓ Ci t pry Is Applicant a corporation,partnership,firm,business,tru t 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 I or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Gyvrr �7crF�- lv t5 �l`� Sl` U lta�cf0li LC. Does the subject property have a proposed or pending purchaser? Yes No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services 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.) 0 or Real Estate Broker/Agent/Realtor O 111111 Disclosure Statement I rev. May-2024 page 1 of 3 ~Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 14 of 17 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation ® O -z 1 qC Q ^ L L, Architect/Designer/Landscape O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 Legal Services 0 Q APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification thnt 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 N me� Applicant g ure Date 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§2.2-3101. Z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 10/8/2026 Alexis Bailey 10/8/2026 Staff Name(Print) Staff Signature ' Date Disclosure Statement I rev. May-2024 page 2 of 3 Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 15 of 17 SECTIONDisclosure Statement R• • OWNER DISCLOSURE PROPERTY OWNER INF RMATION Property Owner Name: as listed on application Is the Owner a corporation,pgtri ship,firm,business,trust,or unincorporated business? YeseNoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) �AYr.. ��rc�� Cv{'d►� 1S �i�P gl, � ��t't-'' �(' Cr,�.Q-y,-fc._.,_ Does the subject property have a proposed or pending purchaser? Yeso No® If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 Nola 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 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation ® 0 ZT J"" �- Arch itect/Designer/Landscape 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent © 1 0 Legal Services 0 I 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,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 comp.ttee in connection with this application. Ploperty Owner Name(Print) operty Ow i nature Date Disclosure Statement I rev. May-2024 page 3 of 3 Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 16 of 17 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Beach Vibe Stays LLC Agenda Items 21, 22, 23, 24, 25, & 26 page 17 of 17 STIR VICINITY MAP BEACH VIBE STAYS LLC H ' j1GA4 r+ .G 2ntH St Ak m �44 A ._ 1 "- d Short Term Rentals '�:' STR^rerrt�,is 4 B? Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #21 — 26 Beach Vibe Stays, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next items are Items 21 through 26, Beach Vibe Stays,LLC. Mr.Lancaster: Good afternoon. My name is Mike Lancaster. This is my second time here. The first time, obviously, we were denied. What I'm trying to understand is, my client purchased a property on Cypress Avenue. She has all the required parking. She currently has a BMP that sits in front of her property. She's not asking to go outside the current footprint to get the short-term rentals,but for some reason,we keep getting denied. The this body has approved a developer that has probably built maybe 12 to 14 3-story condos behind her, along with commercial building going up,and it's a concrete jungle. So I've been over there when it's rained,and I've watched that water just shed onto her property to try to make it to that BMP. If she was in full operational use, she would be conflicting, or he would be conflicting with her operation. But he was approved for short-term rental. He's got all the buildings going up. Mr.Plumlee: Chair, may I interrupt this gentleman just quickly,just a redirection. Because you didn't come for an approval of a specific project, what you came here before was to object to a reduction. My understanding, a reduction, and I may be getting confused, so you can correct me. A reduction in the overlay. That was the last proceeding. Was that the one you were talking about? Mr. Lancaster: I just want to make sure that overlay was changed after the gentleman, the developer, behind us. You guys gave him that green pass. Mr. Plumlee: But let me, let me make sure I'm understanding you. Did you come and object to the reduction in the overlay? That was my understanding. Has this appeared before this exact plan or not? Mr. Lancaster: No. Mr. Plumlee: Okay. So you said you've been rejected before, and I'm looking at a plan. And I believe the last time you appeared,you did not submit a plan to this board. Am I correct? Mr. Lancaster: The plan was submitted. I don't know if you received. Mr.Plumlee: There had been a plan submitted before. I just want to make sure I'm understanding. Mr. Lancaster: If you're able to pull up and look at the far side of that property, it doesn't look that anymore,the building does. Mr.Plumlee: One second,please. Have this appeared before us before? Ms. Eisenberg: This is the first time this application is before this body. Mr. Plumlee: Okay. Ms. Eisenberg: There hasn't been action on this. Mr. Plumlee: So I just want to make sure I'm what you're asking for. I'm understanding. You said you've been turned down before for this. Is that accurate, or is that inaccurate? Mr. Lancaster: Well,that's inaccurate because you guys removed that. Mr.Plumlee: So maybe you can explain what you're here to receive approval for. Mr. Lancaster: Yes, we'll do. So what's happened is, during this process, the gentlemen who developed behind this, I'm pretty sure a lot of folks are familiar with that building. It's a very nice building. It sits right over by WRV. It probably stayed vacant for a couple years. She went in attention. She purchased the vehicle. I mean, the building, and trying to find a proper use for it, which is not going outside that footprint, which does not require any additional parking. We're just asking to be approved for the short term rental. Mr. Plumlee: So I'm just if you could begin by telling us what this is an application for. It's my understanding, this is an application for six separate units within this 20006 foot structure. One having two bedrooms and the others having one bedroom. Is that fair? Mr.Lancaster: Yeah, it's one bedroom. The one at the very end is a little larger,which we could reduce to make it. Mr. Plumlee: Because I think you came to argue with us, and what I'm asking for is that you explain what it is you're seeking approval for,just to begin. Mr.Lancaster: We're seeking approval for short-term rental. That's what we're seeking. Mr. Plumlee: In what space? This is an office space,correct? Mr. Lancaster: Correct. Mr. Plumlee: So how is this going to be converted to be an appropriate location for people to sleep? Mr.Lancaster: Well,we're going to have to do some work. We already hired an architect,which you're seeing concept drawings. I actually have part of the building design now,but we don't want to keep spending money if, if it's not going to make it. Mr. Plumlee: Well, can you tell me, for instance, what are the various sizes of these STRs? I thought there was, in fact, one that was two-bedroom because I was looking at the breakdown. The one that there was one was two bedrooms,and the other were single bedrooms. So,having the detail is as important as having the argument. Okay, so I'm just really asking you to describe what are what is, what are these going to look like? How are they going to be laid out? What is the idea? Mr. Lancaster: Basically,they're going to be a lot nicer than a lot of the folks that are out there. It's all, it'll be all tiled, one bathroom. It'll have the amenities of a microwave. It'll have refrigerators. It's ceramic tile, LVP flooring, nice furniture. Everything is brand new, everything is completely new. Mr. Plumlee: So they have,they have one common hallway between them. Is that fair? Mr. Lancaster: Yes. Mr. Plumlee: With separately locked doors. Mr. Lancaster: Correct. Mr.Plumlee: As you're sort of going down the hallway of a hotel. Is that fair? Mr.Lancaster: Yes. Mr. Plumlee: And then is there access ways from the exterior entrance and access, or is it one single entry coming in and then you go to your single apartment or whatever? Mr.Lancaster: We have options right now to do either or. So that's kind of why we're still sitting in this space because we have the ability to bring people into the back, the one door, we have the ability to bring them through the front. Whatever is going to satisfy, you know, building codes, zoning,and so forth, is what we're going to adhere to. Mr. Plumlee: And these are all on one level or they're multiple. Mr. Lancaster: It's they would be on 2nd floor. That is correct. Mr. Plumlee: Okay. And what is on the 1 st floor? Mr. Lancaster: It's pretty much open office space. It was an old architect's building. It's just office. It'll be offices on the on the 1 st floor, possibly, maybe the future, maybe try to sell coffee or something out of there,but office use. Mr. Plumlee: So at this point, it would be retail or office on the 1 st floor, and then STRS on the 2nd floor. Is that fair? Mr.Lancaster: Yes. Mr. Plumlee: So this is the kind of explanation I'm trying to get,you know, of what,what you're asking for,because I see just the footprint, or the blueprint for this STR out layout,but I don't see much in the way. I don't see side elevations or other things to give us a clue as to how this would look. I see a photograph of the building as it is in its current condition in the parking lot. Mr.Lancaster: We do have a. I thought the planning department had it. We do have a elevation of the building showing the dormers that would be added. The building is currently constructed out of brick,and the roof is currently a metal roof. So,yeah,we would have to add the dormers to the top to meet the egress requirement for the fire department and code. Ms. Schoonover: Is the office space below part of your project? Because now I'm looking at this and I'm thinking, maybe it's a little different than I thought. I mean,that's part of your project, or is it somebody else's project? Mr. Lancaster: First floor, second floor. Ms.Hippen: Okay,so I do remember you,and you were one of the people when we were talking about the overlay. You were one of the people who had submitted your project. It had not come to us,and because I asked the question,is there anybody who submitted,and it hasn't gone through, and you were one of the ones. So that's why the Commissioner was asking you those questions. There is elevation at all. I'm looking at this, so I see that one of them has a separate bedroom,and the rest are studios. Am I correct? Mr.Lancaster: Yes, ma'am. Ms. Hippen: Okay, all right, and at this point in time, there is only one entrance, a stairway up. Correct? Mr. Lancaster: Yes. Ms.Hippen: Okay. All right. And so you've got studios. Okay. All right. Okay. That's what I was trying to figure. But I do remember. Because, like I said, I asked the question:who has stuff in the pipeline that would get disapproved? And this is outside that overlay. Am I correct? Mr. Lancaster: Correct. Ms.Hippen: Okay. Thanks. Mr. Lancaster: I'm a product of Virginia Beach. I've lived in this area since 1980. One of the first places I got my haircut at was right around the corner. So,this area kind of sits where the old pavilion was located. These other little, like Washington Street. So, I know that area because I grew up here. You know, I spent my whole life. You know, from 12 years old, working at that Oceanfront Chester Rodeo. This was back when Bruce Thompson was running Beach Quarter. So, I know the palm. I know the beach very well. I went to Virginia Beach Middle School. A lot of folks that are going to be working me in this facility, in this building actually reside in the Seatack, so we're just asking for your support. We don't need any parking. We have a BMP. It's going to enhance the look of that area, and keep the -- unfortunately, right now, we do have homeless people that are. They gather there all the time,just to sleep in front of this building. So hopefully we can convert those people into maybe short-term rentals or something. But we're just asking for you guys to, you know, to allow us to do that. As long as we meet all the other requirements for building code, it's not a problem. Ms. Hippen: So are there windows in any of these? Mr. Lancaster: I did submit an elevation for the front. I guess you guys don't have it, But it shows the dormers that meet egress, leaving that facility. Ms.Hippen: Okay,because I'm looking to see. The picture that we have,and I don't know if you can see it. Mr. Lancaster: That's a very old picture. It looks nothing. I mean,the buildings stay the same, but that whole area is different now. But the building would have dormers,that would obviously be the Egress points to get out in every room. Ms. Hippen: Okay. So you are looking-- Mr. Lancaster: Imagine a little but or a little house with the dormer for that window to sit, you know, for fire code reasons, and so forth. I do have that elevation. I did send it. Unfortunately, I thought you folks had it,too. Ms. Schoonover: Are you able to email it to the staff? Mr. Lancaster: Alexis has a copy of that. She does have a copy of it. Mr. Coston: Commissioner Camp, Mr. Camp: Thank you, Mr. Chair. Thank you. I remember you from last time, and I remember speaking with you outside after last time. I have two questions. One for you and one for staff. My question to you is: the potential change for the STR overlay, as I understand it, this property was proposed to not be eligible for STR use if that had advanced. Mr. Lancaster: Yes, sir. Mr. Camp: Is that part of your concern in trying to secure this approval? Mr.Lancaster: Yes, sir. Mr. Lancaster: Yes. Mr. Camp: Okay. Thank you for your honesty on that. Mr. Lancaster: We have spent a lot of money so far to. You guys understand, but I've already hired the architect. A lot of the work has been done, and I actually didn't think it was going to be -- it's more challenging than I thought to get something approved. I look around. I'm very pro Virginia Beach. I don't like to stop anyone from doing their development or what they're doing. I see the variance signs, and I like progress here. I kind of know a little bit how things work. I served on the Virginia Beach Minority Business Council, so I kind of know how things function behind closed doors. We're just trying to do good business with the folks. That's it. That's all we're looking for. I've been in a lot of situations working with the city, where sometimes I was always pushed out away because a large developer would come in, and we've had one take a job from me, which this was back when Mr. Sessoms was a mayor, and Patty Phillips was involved. They positioned me with a guy,a large prime contractor,who took my job. Then I tried to purchase property near Rudy Inlet. I couldn't get that. Sir, I've been kind of-- Mr. Camp: I'm going to bring you back a sec here. And that's not to minimize your personal journey, but we've got to deal with the thing in front of us here. My question for staff: we don't have a lot here in this application, but when I look at what I now understand to be a second floor set of sleeping spaces, and I see, 1 means of egress, reference was made to compliance with building code, other codes, is what we've shown is this acceptable, or how does that work? Staff. So we did have a preliminary review by the building official, and it's to date, and again on a very preliminary level, it does meet the requirements. Mr. Camp: Okay,thank you for answering my question. Thank you, sir. Ms.Hippen: Okay, so my next question is for staff. I understand what you're trying to do on the 2nd floor. But well, let me ask you first: what will the first floor be? Mr. Lancaster: Offices. Ms. Hippen: Okay. Now, my question for staff: this sounds like a mixed use, and not just a an STR. So,how come we--and I'm, I'm not, like,accusatory asking,but should this not be a mixed use project here because the STRS that we had before, that were built from the from the ground up, were only used for STRs. The applicant is stating that he's going to put offices on the bottom floor, so. Ms. Sabo: So we will look at all of the uses for this building,but short-term rentals are a use that goes into an existing or would go into a dwelling, whether it's a single-family dwelling or an apartment. So, in order for that apartment or single-family dwelling to be utilized as a short-term rental,they would have to get this STR application. You conditional use permit. Ms. Hippen: So he's been through a lot. Okay, he's, he's frustrated. I can tell that, and that's okay. I don't want to see him,you know,lose use of the bottom of the building because it's another use. You get what I'm saying? He's got to submit another application for that, correct? Ms. Coleman: No, the office can,the office can stay by,right. Well,what the next steps will be will be to submit their building plans to the Permits and Inspections Office to make sure everything can be done per the building code, and then they will apply for their annual short-term rental use permits once the CUP is approved,and then that's when we'll come in,we'll do safety inspections, we'll make sure everything is up to snuff. That they've met all the conditions of the conditional use permit prior to issuing them an operating permit. Ms. Hippen: Okay. Are these offices going to be connected with the short-term rentals, or are these offices going to be used by somebody else? Mr.Lancaster: Someone else. Some people. They're not going to be connected for those folks, unless they choose to. Ms. Hippen: So you see my confusion, staff? Ms. Sabo: So a mixed-use building is permitted here. Mr. Plumlee: That because it allows both residential and office in the same structure. Is that what you're saying? Ms.Hippen: See,you saw those bright lights flash,right? Mr. Coston: Commissioner Schoonover, did you have your light on a minute ago? Ms. Schoonover: Well,I did,but I think it's a little bit more clear. I'm just trying to, I was trying to, I guess, figure out if we needed to get more information before we did anything. Because I'm not saying no at all. I just, it was a little unclear. But now that we're we've gotten some clarity to this mixed use aspect, it's a little bit different. I'm just not sure. Are we feeling like we need more information before we proceed? Mr.Plumlee: My question:You've got laundry on--is that downstairs or upstairs? The laundry? Mr. Lancaster: Right now, we're if you're possibly upstairs or downstairs. The architect is still currently designing this. We're going to find, like the, you know, obviously, the best position to put that in. But right now,we will put that upstairs. Mr.Plumlee: The laundry is upstairs. And what says in deposit? Tell me what that means. One of the rooms is marked deposit. I don't know what that means. Mr.Lancaster: I'm not looking at what you're looking at. Ms.Hippen: It's right across from the from the large one-bedroom. This is the whole application. Mr. Plumlee: Yeah,you can see it. Yeah, it's up behind you as well. Do you see at the top left? It says deposit. I believe that's what it says. I can still see. Mr. Lancaster: That's not a room. I don't know why it's labeled that way, but that's not a room or anything. Mr.Plumlee: And so,do you know what each unit square footage is? Mr. Lancaster: Yeah, I want to say it'd be roughly, about a 100 something. Mr. Plumlee: I mean, I could try to do the math myself, but I think you'd rather tell me, since you, you were going to build this. Mr. Lancaster: Yeah,they are roughly, they're a little bit over a 100 square feet each unit, each unit. Mr. Plumlee: Each unit is what? Mr.Lancaster: I believe each unit is over a 100 square feet. Mr.Plumlee: Well, I bet they're a lot bigger than that,aren't they? So,we've got a building that's 26,000 square feet, half of it's dedicated to the STR, so that's 13,000 square feet. We've got six, six units,right? Or are we saying seven? Ms. Hippen: Six units. Mr.Plumlee: So are they averaging,you know, 1,500 square feet or something? A 1000 square feet,at least more than that. Ms.Hippen: This is 10 by 11. Mr. Plumlee: Yeah, I'm just confused by these drawings. I'm not sure. Ms. Hippen: And the other one is bigger. Mr. Lancaster: That's just a concept, meaning that's not. That's just a concept drawing. But obviously,we have to submit the correct,you know,architectural plans to the planning department to get approved,which will meet those requirements. Mr.Mauch: Sure. The downstairs,the building as it stands,how many square? How, how, how much square footage is in that building? Mr.Lancaster: It's about 10. Mr. Mauch: 10,000. Okay,that's a little helpful,just to get the size of what would be enough. Mr.Lancaster: It might be a little less. I want to say the initial folks were using the second floor for storing purposes and so forth. So what we're trying to do is make sure we meet all the requirements that zoning is going to give us. And that's how this will be obviously addressed and make sure it meets code,zoning, so forth. Right. We can't make it without those folks approving the plans to get the alterations done. Mr. Mauch: I don't know if you remember last meeting when we had approved and sent forward to City council, I did ask that there be consideration for anything that's in the pipeline. So, I understand the rush to get this done, but I hope that consideration was taken into consideration. Mr.Lancaster: I apologize. I am a little behind. My wife and son just got back in from Columbia, so I just got in from Dallas. My wife and son were caught in the earthquake, so it's been a little challenging. So that's why I'm a little unprepared this morning, and I apologize for that. Mr. Coston: Commissioner Byler has a question. Ms. Byler: Thank you, sir. I think my question is for staff. I'm not sure what the difference in a hotel or apartment complex or short-term rental is, so I'm finding that a little confusing. Also, I want to be clear: This appears to be in the area where short-term rentals are currently allowed,but with the new overlay, will be prohibited. Is that correct? Staff. So,yes,that's correct. This would be mapped out, but it's important for everyone to know that City Council has indefinitely deferred that item. Ms. Byler: Interesting. All right. Staff: To adjust the boundary for short-term rentals. Ms. Byler: Okay. Thank you. Staff: So to answer your question, it's a completely reasonable question. A hotel is a building, and I apologize again, I will read this to you, but it is a building or group of attached or detached buildings containing dwelling or lodging units in which 50 or more of the units are lodging units, but so, essentially, a hotel includes a lobby, a clerk's desk or counter, and then facilities for registration and keeping of records relating to hotel guests. So it is, and this definition was made, I think, before short-term rentals became a thing. Short-term rentals are residential dwellings, so either a single-family dwelling or an apartment that are built to be for residential use,that are then used as short-term rentals. So rather than having a long-term rental or owner live there,they have a short-term rental. Somebody that stays there only 30 days, or,you know, 30 days or less. And short-term rentals are for dwellings that have a bedroom,a kitchen,and a bathroom,and they don't have to have a check-in registration area. So there are some apartment complexes that could be have a bunch of those units converted to short-term rentals. If they get conditional use permits for that,or if they wanted to do whatever building code requirements there are,an apartment complex could also be converted into a hotel for the zoning ordinance. As long as they had facilities for registration and a lobby, clerk's desk that could be converted into a hotel. Again, as long as that use is permitted there, but the big difference here is having that lobby, clerk's desk, and then a facility for registration. Mr. Plumlee: I may ask another question, Mr. Lancaster. Ms. Marva Gutierrez, she appeared with you at the last proceeding, if am remembering correctly, and I believe she indicated that she had purchased this property about a year prior to. Is that fair? Mr. Lancaster: Yes, sir. Mr.Plumlee: Okay. Thank you very much. Mr. Coston: I don't know, but I think in the past, so this is for staff. We have approved plans, and I don't know if they've already been to the to the planning department. I mean to the-- Staff: Approved construction plans? Mr. Coston: Yes. Staff. No, we do not. We've just taken a preliminary review of these, but we have not gone through a detailed plan review for construction. Mr. Coston: Okay. Any more discussion? Motion? Ms.Byler: I have,by way of discussion, I have a question for my fellow Commissioner Plumlee, Brian,you appear to be the expert on short-term rentals at the Oceanfront. You and Commissioner Mauch, actually, both of you are very knowledgeable on this, and I appreciate that because I'm struggling to keep up. But the potential overlay that right now is, you know, in abeyance and not moving forward, that was brought about due to serious concerns at the beach. So now we're thinking of adding something expressly in the area that was of serious concern. Do either of you have any concerns about that that I should know before I cast my vote? Mr. Plumlee: I think that's a great point. Commissioner Byler, I will tell you. I think, I have great respect for people that own property,that want to make the best of their property,and I sense very much that this is. Let's try to get this under the wire. I worry about the drawings, the presentation, and the plans, and I ask that question, Mr. Lancaster, because I asked it of her when she came. She purchased the property a year before. We considered this change in the overlay, and I felt as though we had to draw a line then. This application may technically be on time,while things are pending. But I think,you know,quite honestly, I haven't seen enough to satisfy myself with regards to the layout, and all those other factors that we'd want to see. This is my district. I take very seriously people's ability to develop the property to the greatest,not just the greatest use, as determined by some governmental agency, but to their own profitability and their own ability to express themselves. I feel that very deeply, and so it bothers me, quite honestly, that I cannot feel supportive of this in its current form. I do appreciate very much the time that you've put into this and the money, but that's my position as I see it. Ms.Byler: Thank you,Brian. If I could hear from Commissioner Mauch,please, regarding short term rentals in this location. Mr. Mauch: Yeah, I mean, my opinion at this moment doesn't really matter. Because we have an overlay that states that that short term rentals are acceptable in this area. I say that, and I also share some of the sentiment that Commissioner Plumlee has. Where the plans that I see in front of me, I can't visualize how it actually looks to be able to make a well-informed decision. I think because I do know you had mentioned that if somebody wanted to join the bottom and the downstairs, they may have the ability to. I don't know how that looks when it comes to building code, because if there's a business downstairs, and would that be considered a mezzanine? Would they have to sprinkler their building now? I think there's a lot of unanswered questions that maybe a little bit further advanced plan could probably answer for us. And at this time, I mean, I would prefer to allow for him to come back with those, but. You know, if we were, if we were doing a yes or no at this moment, I could. I couldn't support it just because I don't feel like I have enough information in order to support whether it's a good, good plan or not. And I understand that it's going to go for further design and review when it comes to passing through this body and .passing through the next. But generally, we have a little bit more of an idea of what we're, what we're saying. Yes,this can be here forever, or no,this can't. Staff. Thank you, Chair. Can I ask a quick question,please? Just point of clarification: what it is that you're looking for? What would make you feel more comfortable? We do have the elevations that were provided. If we could pull those up on the screen really quick, it'll be a little clunky because we'll have to kind of work through the PowerPoint. But if we can get that done really quick, I don't know if that's really all the what you're looking at to give you more clarity beyond the floor plan. Ms. Schoonover: Well,part of the issue is that the numbers don't make sense,and we're trying to figure out what's happening. So, you know, we have things that are labeled maybe incorrectly. We have numbers that are not quite correct,that don't make sense for the building. We didn't know that it was mixed use at all. I mean, there's just there's just so much that that we've been trying. We've been having to kind of figure out as we go through. And I think everybody's uncomfortable trying to assess what's happening with so little on paper. Staff: Understood. And I will point out because I know this is part of the conversation. So yeah. Page two of the staff report, Third bullet, It does say the proposed 6292 square foot office, and it states the parking that's required for that. So that was included with the staff report to give you a feel for the square footage of the office space. And like I said, we'll pull up the elevations, and then I can't speak to the numbers on the floor plan,other than that's all included on page 12 of your staff report. Ms. Schoonover: Were these numbers that you put in here on the one picture we had? Were these meant for this building, or these accurate? Because it says things like you can see the same page,you've got six point, five feet. I mean,we were just looking at this,and it didn't make sense for the square footage of the of the building. Were these designs for the specific building or something else? Mr.Lancaster: That we actually have another drawing which you may not have that goes along with the elevation. That was, I think, that's the original concept that came in. But you probably, you folks probably haven't seen the elevation. There's work that's been put into this. The exterior of the building will built will be built the same as what you see currently at that building, brick with the metal roof to match. So it's not going to be an odd. So it's actually a very nice looking building, and it will continue to look that way. Ms. Schoonover: Gotcha. I don't think you're getting a no per se. I think we're getting is we're just not sure how to make a decision based on the little information that we have. That doesn't seem to be quite clear, and that doesn't seem to be quite accurate. And, you know, typically, if you look at the other staff reports that we have for the different projects, you see how much detail there is,and it gives us a sense of what's happening. And you say,we are pulling up those pictures. Is that what we're saying? Ms. Hippen: So, everybody is not confused. I realize that this is a concept drawing. You've answered the questions that I had. You were a little rough at the beginning. But you, you cool now,and I am supportive of this. I trust that the staff has gone through. Oh,that looks nice. There you go. That's what we're looking for. I think, you know, now that we've gotten the questions answered,I trust in what the staff has put forward. I just put it that way. I'd like to move to approve this project. Mr. Coston: Any further discussion? Ready for a vote? It has been moved by Commissioner Hippen and seconded by Commissioner Moorjam. Ms.Byler: Mauch has a comment. Mr. Coston: You have a comment, sir? Mr. Mauch: It's beautiful,but it still doesn't-- it still doesn't give me the information that I need, as far as how it is going to be set up. I want to make sure that you get a fair shake because I just don't feel like I have the information. If we're doing a yes or no,I can't say yes to it at the moment. I would prefer to defer it. But if it's the will of the body to just to give you more time to be able to bring us the information. I mean,we didn't even have this in our in our packet. I mean, is maybe a question for staff? Is Council -- it's deferred indefinitely, so they're not taking action immediately? Would it? Staff. I do not know the answer to that question. We're waiting to hear from City Council on what the next steps are. I can say for this project, I'm not sure what happened with the elevations. Obviously,you're getting to see them now. But these are studio apartments. We do currently have studio apartment STRS in our inventory in the resort,so that's really nothing new. It's a mixed use project. It's permitted in the OR. The 1st story is office. Second story is going to be STRs. So, yes,we don't have the square footage of each unit. That might be a question still, but it's going to have to go through all of the review and approval processes. Mr. Coston: Are we ready for the vote? Mr.Plumlee: One follow-up question. I'm sorry to interrupt you,Kathy. So we have half of the building is office, and the and so the calculation for parking was done for those, correct? Staff: Yes, I believe it's on page two. Mr.Plumlee: Short term is seven,and then the office requires nineteen,but they have 30 spaces, so there are 4 above the required parking for a total of them. Okay,thank you very much. Ms. Byler: I believe the comprehensive plan encourages mixed use in this area and encourages building up instead of out, and I think this design meets the comprehensive plan, and I respect staffs recommendation. For those two reasons, I'm going to support it. Regarding the short-term rental aspect, on which we are actually voting today, I am not really in a position to say whether or not they're going to be allowed in this area,and I don't think any of us is.So you're going forward whether or not your short-term rental is renewed in the future, at some point, it might be revoked. I have no idea how that's going to work. But I guess that would just make your second floor just studio apartments to rent long-term instead of short term, and if you're okay going with that, you know, God bless you. Ms. Schoonover: I really don't want to say no. I would really prefer that we defer this because I don't. Feel like I have enough, to be sure. You know,we're so careful of making these demands of people and putting things on record. I feel like there's just so little on record here for me to say anything. I just would really prefer that we defer this because I don't want to say no to you, but I don't feel like I can say yes yet. Mr. Coston: Ready for the vote? Clerk: The vote is open. By a recorded vote of 6 to 4, Items 21 through 26, Beach Vibe Stays, LLC has been recommended for approval. Mr. Lancaster: Thank you, folks, so very much. Mr. Coston: Thanks, everybody, for your participation today. Vote Tall Commission Member AYE 6 NAY 4 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 following conditions shall only apply to the 6 proposed dwellings at 1909 Cypress Avenue to include 1 two-bedroom unit and 5 one-bedroom units, as shown on the concept plan, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. OR(STR-OR) f OR(STR-OR) OR(STR-OR) OR m x�$ R(S -0- } ® site Wave Investment Group, LLC =1 Zoning 414 19th Street, Unit 104 "'*': Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 8/11/2026 rr� �Lv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAVE INVESTMENT GROUP, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 414 19th Street, Unit 104 (GPIN 2427075404). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 20, 2026 (Deferred at September 15, 2026 CC Hearing) ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a 1-bedroom apartment unit located at 414 19th Street, Unit 104. The site has no prior zoning complaints, is not currently advertised, and has no prior documented stays. ■ Considerations: The one-bedroom Short Term Rental is required to have one off-street parking space. The site has one assigned parking space for the unit, thereby meeting the parking requirement. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The site has no prior rental listing or documented stays. The applicant has indicated they are willing to install a fence on the subject property to address the privacy concerns raised by an adjacent property owner who spoke during the September 15, 2026, City Council hearing. The proposed fence would need to meet all applicable requirements of the Zoning Ordinance. 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 August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 414 19th Street, Unit 104, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. Wave Investment Group, LLC Page 2 of 4 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department, however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Wave Investment Group, LLC Page 3 of 4 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11-00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. Wave Investment Group, LLC Page 4 of 4 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r— Submitting Department/Agency: Planning Department City Manager:) Agrenda Item 20 PlanningApplicant & Property Owner: Wave Investment Group, LLC Commission Public1 CouncilCity . •. Project Details Request Conditional Use Permit (Short Term Rental) `j4p S` 22�c HALF 51 � Staff Recommendation zST Ha� zt vm Approval 7TH HAj 51 5 m tit Staff Planner 1�(H f Alexis Bailey Location 414 19th Street, Unit 104 ust H5 GPIN HP f 5. 2427075404H$4vG �4RGiN\.46� Site Size 8,200 square feet �A + y 55YH St AICUZ z a 65-70 dB DNL; Sub-Area 1 Watershed y Atlantic Ocean Existing Land Use and Zoning District Apartment complex/OR Oceanfront Resort - gTysi Surrounding Land Uses and Zoning Districts h i North 19t" Street ' The Dome/OR Oceanfront Resort ",t South ► Funeral Home/OR Oceanfront Resort East - •, ' - e , 1gTH SS Apartment complex/OR Oceanfront Resort West - v Condominium complex/OR Oceanfront Resort Wave Investment Group, LLC Agenda Item 20 page 1 of 15 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 414 19th Street, Unit 10413. The site contains an apartment complex and is zoned OR Oceanfront Resort District. • According to City records, this apartment complex was constructed in 1972. • Staff inspected the site on June 17, 2026,to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 19th Street. • There are no prior zoning complaints on this site. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit before operating. • Known Short Term Rental activity as of June 17, 2026, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Wave Investment Group, LLC Agenda Item 20 page 2 of 15 ShortRentals , 1 , -S 1 ti x , , i� 0 3 r + F x 5 A SA AC.'ri U'�-'� Short Term Rentals _ 0 STR Permits(46) Wave Investment Group, LLC Agenda Item 20 page 3 of 15 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Wave Investment Group, LLC Agenda Item 20 page 4 of 15 Zoning History # Request MEVS Approved 01/21/2025 1 STC Approved 12/01/2020 1 o �sr�•oa� 2 ALT Approved 09/17/2024 3 CUP(Short Term Rental) Approved 1 �gtKst t 04/04/2023 CUP (Short Term Rental) Approved OR 4o,�sr o ) 01/18/2022 CUP (Short Term Rental) Approved .,01/18/2022 1 I — 1 9 ~2 CUP Rental A Short Term y� ( )Approved � , �' m � oR(sTR-OR) 01/18/2022 - 1 CUP (Short Term Rental) Approved 1aTNst 01/18/2022 1� _ 4 CUP(Short Term Rental)Approved 01/18/2022 CUP (Short Term Rental) Approved 01/18/2022 CUP (Short Term Rental) Approved Application Types 01/18/2022 CUP: Conditional MDP: Modification of Proffers CUP (Short Term Rental) Approved Use Permit NON: Nonconforming Use 01/18/2022 REZ: Rezoning STC:Street Closure CUP (Short Term Rental) Approved CRZ: Conditional FVR:Floodplain Variance 01/18/2022 Rezoning ALT.•Alternative Compliance 5 CUP (Short Term Rental) Approved MDC: SVR:Subdivision Variance 08/25/2020 Modification of LUP:Land Use Plan 6 CUP(Short Term Rental)Approved Conditions MEV. Major Entertainment 02/18/2020 Venue Sign 7 CUP (Short Term Rental) Approved STR:Short Term Rental 02/04/2020 8 CUP(Short Term Rental)Approved 02/04/2020 CUP (Short Term Rental) Approved 06/09/2020 9 CUP (Short Term Rental)Approved 01/18/2022 Wave Investment Group, LLC Agenda Item 20 page 5 of 15 Evaluation • • • The applicant is requesting to operate a one-bedroom Short Term Rental within an existing apartment unit. The one-bedroom Short Term Rental is required to have one off-street parking space. The site has one assigned parking space for the unit, thereby meeting the parking requirement. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The site has no prior rental listing or documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Wave Investment Group, LLC Agenda Item 20 page 6 of 15 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 414 19th Street, Unit 104I3, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Wave Investment Group, LLC Agenda Item 20 page 7 of 15 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. Wave Investment Group, LLC Agenda Item 20 page 8 of 15 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5)years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, 13, or C general contractor qualified to perform such inspection and are safe for use.The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Wave Investment Group, LLC Agenda Item 20 page 9 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August 5, 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 July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 6, 2026 and October 13, 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 October 5, 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 16, 2026. Wave Investment Group, LLC Agenda Item 20 page 10 of 15 Site Layout & Parking Plan ��,, 0 ( alrsr o aw ,�v /Uh7 CYr dk4A'M/iC JO Nw N7616'♦2'C 1. ��---- JTJ 1?7D .. aIY K 202 104 102 I 1 I 203 201 103 101 i a 204 1 Q wf a+F rw.1 of lAt 25 �' /w..R&+raffiW�7) MUM ( C5) Ow�a7 LOT M erw 2427-07-5404 E] §F xxr G x — AREA-MOO 5f _ AO a.16 3V 0R 0.192 AC Q91'NPr-Or-3I75 i i B'b 1 O t 1 1 O 1w 1 1 1 i i 0 s7616•42'M' a,1' 60.0C MOW a •. QKm ALA Q _ a!7'U9 4nw awv car 1 �" I Mw we w! Wave Investment Group, LLC Agenda Item 20 page 11 of 15 Site • • A - Ot -__.,,---.1.-- v Ty Wave Investment Group, LLC Agenda Item 20 page 12 of 15 Disclosure VIRGINIA Disclosure V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Wave Investment Group, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? YesQ No0 (f no, Property Owner must complete SECT IO.N 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO Noo R. Edward Bourdon,Jr., Es . If yes,name Representative: q Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(�)Noo If yes,list the narries of ail officers,directors,members,or trustees below AND businesses that mauve a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Jason Loizou,Manager;Adam Beck,Adam Morgan&Rodney Clemente,Members Does the subject property have a proposed or pending purchaser? Yes U No& If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No& If yes,name the ol, ;rat or employee,and describe the nature of their interest. i APPLICANT SERVICES DISCLOSURE READ: 1-he 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 ServisFirst Bank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor (i) Q Jason Loizou,JL Commercial Real Estate ~� Disclosure Statement I rev. May-2024 page 1 of 3 Wave Investment Group, LLC Agenda Item 20 page 13 of 15 Disclosure APPLICANTSECTION 1: DISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner J Construction Contractor Q Engineer/Surveyor/Agent 0 Legal Services t�+ Q Eddie Bourdon,Sykes Bourdon Ahern&Levy PC { APPLICANT 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,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Jason Loizou ? 05/20/2026 Applicant Name(Print) plicant gigriature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and local Government Conflict of interests Act, VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(h) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 9/29/2026 Alexis Bailey 9/29/2026 Staff Name(Print) Staff Signature 1 Date Disclosure Statement I rev. May-2024 page 2 of 3 Wave Investment Group, LLC Agenda Item 20 page 14 of 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Wave Investment Group, LLC Agenda Item 20 page 15 of 15 STIR VICINITY MAP WAVE INVESTMENT GROUP LLC tk SA �Z F , �Eu4tY - ' a apC_!i'f3- .------- i Short Terns Rentals 'fir STR Permits(45) Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #20 Wave Investment Group, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is agenda number 20, Wave Investment Group, LLC. Thank you, sir. Please state your name for the record. Mr. Bourdon: Madam Vice Chair Byler, for the record, Eddie Bourdon, attorney, representing Wave Investment Group, LLC. I want to briefly thank Alexis Bailey for correcting the zoning map on the staff report to depict the 9 units,all short-term rentals,on the property directly adjacent to the east of this property. We appreciate being on the consent agenda. All 20 conditions are acceptable. Ms.Byler: Thank you. You may be seated. Is there any objection to agenda item 20 being added to the consent agenda? Hearing none, I have asked Commissioner Plumlee to read it into the record. Mr. Plumlee: This is an application for a short-term rental conditional use permit from Wave Investment Group,LLC. The address is 414 19th Street,Unit 104. It meets the restrictions of the zoning ordinance. There has been no opposition, and therefore,Planning Commission believed it was appropriate for the consent agenda. Ms. Byler: Thank you. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3,4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Byler: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 414 191h Street, Unit 104B, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, 13, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. M11SYKES9 ROURDON, MR AURN & MY P.C. ATTORNEYS AND COUNSELORS AT LAW 4429 BONNEY ROAD JON M.gHERN SUITE 500 R. EDWARD BOURDON, JR. VIRGINIA BEACH,VIRGINIA 23462 October 14 2026 JAMES T. CROMWELL _ ASHLEY M. EICK TELEPHONE: 757-499-8971 MARK R. GARRETT FACSIMILE: 757-466-5445 JOSHUA M. KERNER SANDRA M. LIEDL' KIRK B. LEVY Via Email:nlebniley®vbgoncom HOWARD R. SYKES,JR, DAVID M.ZOBEL Alexis Bailey,Planner 'Admitted in Virginia and North Carolina Department of Planning&Community Development 2403 Courthouse Drive Building 3, Municipal Center Virginia Beach,Virginia 23456 Re: October 20, 2026 City Council Agenda; Application of Wave Investment Group, LLC for a Conditional Use Permit for one(1)Short Term Rental apartment,Unit 104,41419q Street Dear Alexis: Per authorization from my client and as requested by and agreed upon by Ms. Jill Flood, the President of the Baltic Village Townhouses P.O.A., Inc., please add the following as an additional condition (#21) to the currently recommended conditions of an approval, if granted by City Council, of the above referenced STR/CUP: "Issuance of the STR Zoning Permit shall be conditioned upon the property owner erecting and maintaining a 6' high maintenance free earth tone color fence on the property running north to south adjacent to the eastern edge of the 20' wide alley (public right of way). The fence shall begin at the southwestern corner of the parking space labeled "8" on the submitted site plan,where the southernmost section of curbing along the east side of the alley commences,and shall extend to the southwestern corner of the Property." I believe our intent is clear,however, I have no pride in authorship and if you or Tori Eisenberg desire to edit my language, feel free to do so. In addition, if you do edit the language,please timely send me a copy so that I may provide it to Ms. Flood. With kind regards, I am Very truly yours, (,Zard Jr. REBjr/arhm cc: Ms.Jill Flood Wave Investment Group,LLC Kathy M.Walsh,Director,Department of Planning Kaitlen AIcock,Planning Administrator Amanda Barnes,City Clerk AM/Short Term Rentals/Wave Investment Group/Bailey_Ltr 10-14-2026.docx 4 rV-.-.FVtE DEPARTMENT CONNECTION I 0 WLZ--.-UDMTOR Val.10 AIN WATER MANHOLE -OV-WAIM VALVE I a 6w.._sAMFTARY MANHOLE a"....-SANITARY CLEANOUT VALVE •iW-JDRM MAIN VALVE pAr swiga-&V tOr.-COMWUNICATIONS Box -fPI52,--.TEUEPHOW FLUL�IAL, 0--JEL.MANHOLE ow-.-,CAME IV PEDESTAL Ov 6V,.-W MEIER -6V- QS eq.-DROP TRUETT 2 3 N Cf-.-..CA sig-m L r DOWNSPOUT CONNECTOR Is. LAMB'S TONGUE I"f�r-...STORM CLEANOUT -.,STORM DROP*LET VrZ.-FARED-Eftl)5LU &-..-.-AC UNIT' W.--KMHM -POST AX-30ILLAM POST _pLj TNORVW I I U.±V..--- CURB AND GUTTER Fj CONCRETE PAVEMENT F GRAVEL, LOT 26 4 WESTERN cAr.HAmw dc RIPRAP 7 BOX Fl— CAP:_C TE _T,_ -_EF (CONTINUES_P_T BO. 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APPOINTMENTS • ACTIVE TRANSPORTATION COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BEACHES AND WATERWAYS ADVISORY COMMISSION • DEFERRED COMPENSATION BOARD • GREEN RIBBON COMMITTEE • INDEPENDENT CITIZEN REVIEW BOARD • PUBLIC LIBRARY BOARD • STORMWATER APPEALS BOARD • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • WETLANDS BOARD N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT 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:Hvbgov.webex.com/weblink/register/r6b25f9ca80be558aed5f7c3e0f27330c 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 20, 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:10/06/2026 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 AGENDA C N Y L S E 1 O U M S H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIL'S BRIEFING A. LAW ENFORCEMENT TRAINING Ron Davenport, ACADEMY PROJECT UPDATE Project Manager- Moseley Architects Chad Morris,Acting Chief Facilities Officer-Public Facilities II. A. PRINCESS ANNE ATHLETIC CENTER Chad Morris,Acting CROSS COUNTRY COURSE Chief Facilities Officer-Public Facilities B. LARGE-SCALE PUBLIC ART Emily Labows, INSTALLATION COMING TO MOUNT Director-Cultural TRASHMORE PARK Affairs Emily Labows,Director-Cultural Affairs II.-VI. CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y A- F G. MINUTES 1. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y September 15,2026 2. SPECIAL FORMAL SESSIONS APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y 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 CITY OF VIRGINIA BEACH ' A R SUMMARY OF CITY COUNCIL ACTIONS K B H S S E C U O - S R U T N H C DATE:10/06/2026 PAGE: 2 L. M H C - R A H W U M E H G E M R U C I D N E R M M O L L AGENDA C IN L. S E 1 O U M S H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K 0 E N N I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LAND NO SPEAKERS PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 81.6 acres at 3993 and 3995 Muddy Creek Road 2. PARTIAL EASEMENT VACATION NO SPEAKERS Approximately 5 feet of the existing 25-foot pedestrian access easement along the western boundary of 4576 Bonney Road K.1. Ordinance to AUTHORIZE a temporary ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y encroachment into a portion of City- CONSENT owned property known as the Lake Gaston Pipeline adjacent to 0 Kientz Road re maintain an existing 30'-wide gravel drive K.2. Resolution to WITHDRAW the ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y Resolution referring to the Planning CONSENT 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) K.3. Ordinance to EXTEND the date for ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y satisfying the conditions inthe matterof CONSENT Commonwealth Brewing Company, LLC re closure of a portion of Lake Drive adjacent to 2444 Pleasure House Road K.4. Ordinance to APPOINT Dana R. ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y Harmeyer as Acting City Attorney CONSENT (Requested by City Council) K.5. Ordinance to APPROPRIATE $655,931 ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y from the fund balance of the Technology CONSENT Trust Fund to the FY 2026-27 Clerk of the Circuit Court Operating Budget re support technology needs and upgrades CITY OF VIRGINIA BEACH A R SUMMARY OF CITY COUNCIL ACTIONS K B H S S E C U O - S R U T N H C DATE:10/06/2026 PAGE: 3 L M H C - R A H W U M E H G E M R U C I D N E R M M O L L AGENDA C N Y L S E 1 O U MS 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 LIN K.6. Ordinance to APPROPRIATE $29,532 ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y from the balance of the Schilling Point CONSENT Special Service District Special Revenue Fund to Capital Project #100643, "Schilling Point Neighborhood Dredging II" within the FY 2026-27 Capital Improvement Program K.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y $177,136.44 from the Virginia Early CONSENT Childhood Foundation and Old Dominion University Research Foundationtothe FY 2026-27 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services K.B. Ordinance to ACCEPT and APPROPRIATE ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y $60,076from the Virginia Department of CONSENT Motor Vehicles(DMV)to the FY 2026-27 Police Department Operating Budget and AUTHORIZE SO% in-kind match re overtime and equipment expenses related to enhanced speed enforcement K.9. Ordinance to ACCEPT and ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y APPROPRIATE $27,750 from the CONSENT Virginia Department of Motor Vehicles (DMV) to the FY 2026-27 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime, training, and equipment expenses related to DUI enforcement K.10. Ordinance to TRANSFER$260,000 from ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y Capital Project#100489"Winston Salem CONSENT Avenue Improvements" and $200,000 from Capital Project#100576"VA Beach Innovation Park Infrastructure II" to Capital Project #100459, "ViBe District Street Infrastructure Improvements"re close Capital Project#100459 L.1. DAVID B. TURTON REVOCABLE TRUST APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y for a Variance to Section 4.4(b)&(d)of CONDITIONED/ the Subdivision Regulations re lotwidth, PROFFERED,BY street line frontage&direct access to a CONSENT 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 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:10/06/2026 PAGE: 4 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 0 ITEM# SUBJECT MOTION VOTE 1 S R Y N N K D E N N L.2. DANIEL RUBY, TIMMONS GROUP / APPROVED/MODIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y CATHOLIC DIOCESE OFRICHMOND for a /CONDITIONED,BY Modification of Conditions to a CONSENT Conditional Use Permit re construct a 20,000 square foot field house at 4552 Princess Anne Road DISTRICT 1 L.3. SECTORSITE TOWER ASSETS L.L.C. / DEFERRED TO 10-0 A Y Y Y Y Y Y Y Y Y Y SECTORSITE TOWER ASSETS L.L.C., NOVEMBER 10,2026, GREAT EASTERNRESORT CORPORATION BY CONSENT 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) I-A. GENESIS HOLDINGS OF HAMPTON APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y ROADS,LLC/STARLING FARM,LLCfora CONDITIONED,BY Conditional CONSENT Use Permit re bulk storage yard at parcel South of Dam Neck Road, directly Northeast of 3024 Holland Road DISTRICT 2 L.5 SOUTHSIDE BARBELL LLC / BAPA APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y PROPERTIES LLC SERIES 5512 VIRGINIA CONDITIONED,BY BEACH BOULEVARD for a Conditional CONSENT Use Permit re indoor recreational facility at 5512 Virginia Beach Boulevard DISTRICT 4 L.6. 446 OCEANA BLVD,LLC fo r a Co nd i t i o n a I APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y Use Permit re bar and night club at 446 CONDITIONED,BY Oceana Boulevard DISTRICT 6 CONSENT L.7. BIRCHWOOD MALL ASSOCIATES,L.L.P. APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y for a Conditional Use Permit re indoor CONDITIONED,BY recreational facility at 3754 Virginia CONSENT Beach Boulevard DISTRICT 8 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:10/06/2026 PAGE: 5 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 AGENDA C N Y L S E 1 O U M S H G E E O E C N S A O ITEM 4 SUBJECT MOTION VOTE I S R Y N N K D E N N M. APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S ACTIVE TRANSPORTATION ADVISORY 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 WETLANDS BOARD BEACHES AND WATERWAYS ADVISORY Appointed: 10-0 A Y Y Y Y Y Y Y Y Y Y COMMISSION Ryan Davidson- Representing At-Large Member 3 Year Term 10/6/2026-9/30/2029 CLEAN COMMUNITY COMMISSION Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y Y Alexis Willams 3 Year Term 12/l/2026-11/30/2029 COMMUNITY ORGANIZATION GRANT Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y Y (COG)REVIEW&ALLOCATION Tiffany Arguello- COMMITTEE Representing Public Library Board Member 3 Year Term 11/1/2026-10/31/2029 MINORITY BUSINESS COUNCIL Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y Y Cynthia Terry 2 Year Term 11/1/026-10/31/2028 RESORT ADVISORY COMMISSION Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y Y William Almond- Representing Design Professional 3 Year Term 12/1/2026-11/30/2029 VIRGINIA BEACH COMMUNITY Appointed: 10-0 A Y Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION Mark Carter 4 Year Term 10/6/2026-9/30/2030 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:10/06/2026 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 L_P_L E N N VIRGINIA BEACH TOWING ADVISORY Appointed: 10-0 A Y Y Y Y Y Y Y Y Y Y BOARD Jonathan M.Sawyers- Representing Towing Industry Unexpired Term 10/6/2026-5/31/2027 +3 Year Term 6/1/2027-5/31/2030 N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT 6:28 P.M. OPEN DIALOGUE 13 SPEAKERS 7:18 P.M.