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11-10-2026 FORMAL SESSION AGENDA
city of Virginia Beach"COMMUNITY FOR A LIFETIME U rY �2 r z 5 �F DUR NAT��A City Council Agenda November 10, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. MAYOR'S TASK FORCE FOR A SAFER VIRGINIA BEACH RECOMMENDATIONS 2:30 P.M. Monica Croskey, Deputy City Manager B. 2027 DRAFT LEGISLATIVE AGENDA 3:30 P.M. Brent McKenzie, Deputy Commissioner of the Revenue Jessie Williams Reynolds, Director— Legislative Affairs II. CITY COUNCIL LIAISON REPORTS 4:00 P.M. III. CITY COUNCIL DISCUSSION / INITIATIVES /COMMENTS 4:15 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:30 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:45 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 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 20, 2026 2. FORMAL SESSION —October 27, 2026 H. PUBLIC HEARING 1. PROPOSED CHARTER AMENDMENT Land Use and Public System Approvals South of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND City Code Section 21-202 re prohibit through trucks and require signage of such prohibition on Upton Drive between Nimmo Parkway and Dam Neck Road (Requested by Mayor Dyer and Vice Mayor Wilson) 2. Ordinance to DIRECT the City Manager to use project funds in Capital Project#100730, "Traffic Safety Improvements V" re replace the Windsor Woods subdivision identification sign (Requested by Vice Mayor Wilson and Council Members Berlucchi, Cummings, Jackson- Green and Schulman) 3. Ordinance to AUTHORIZE acquisition of 13,735 square feet (0.32 acres) of vacant land on Sharp Street from the Roderick Macrae Revocable Trust and AUTHORIZE the City Manager to EXECUTE all necessary documents re improvements to adjacent City-owned pump station for future public utilities and drainage purposes 4. Ordinance to AUTHORIZE acquisition of 12,909 square feet (.30 acres) of property located at 1132 Kittery Drive and AUTHORIZE the City Manager to EXECUTE all necessary documents re replace pump station for public utilities 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Mill Pond (a/k/a Bass Inlet) and a 5-foot public drainage and utility easement located at 2941 Sand Bend Road re maintain existing rip rap revetment and timber pier, and construct and maintain a timber floating pier, aluminum gangway, timber pier addition, timber pile aluminum boat lift and two jet ski floats DISTRICT 2 6. Ordinance to AUTHORIZE temporary encroachments into a portion of a 20-foot and 30-foot City-owned drainage and utility easements located at 1288 Holly Point Road re maintain existing timber bulkhead, four (4) 8-foot timber piles, 48-inch metal fence, portion of a pool house, woodshed, brick patio, and construct and maintain a wood deck and boat lift for existing piles DISTRICT 8 7. Ordinance to EXTEND the date for satisfying the conditions in the matter of Whitney W. Elliott re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55th Street, Unit B 8. Ordinance to EXTEND the date for satisfying the conditions in the matter of Matthew E. Mancoll and Robin A. Mancoll re closure of an unimproved, unnamed alley adjacent to the rear of 219 54th Street 9. Ordinance to ACCEPT and APPROPRIATE $425,224 from the cities of Chesapeake, Norfolk, Portsmouth and Suffolk to the FY2026-27 Human Services Operating Budget; AUTHORIZE $106,306 local match; and TRANSFER $106,306 within the Consolidated Grants Special Revenue Fund to the FY2026-27 Human Services Operating Budget re bring awareness, resources and treatment services to address the opioid epidemic in Hampton Roads 10. Ordinance to ACCEPT and APPROPRIATE $62,500 from the Virginia Department of Emergency Management (VDEM)to the FY2026-27 Fire Department Operating Budget re purchase equipment to support technical rescue response and training activities 11. Ordinance to ACCEPT and APPROPRIATE $39,821 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget re support substance abuse disorder services 12. Ordinance to ACCEPT and APPROPRIATE $14,810 from the Library of Virginia to the FY2026-27 Library Department Operating Budget re professional development 13. Ordinance to ACCEPT and APPROPRIATE $8,135 from the Virginia Department of Emergency Management (VDEM)to the FY2026-27 Fire Department Operating Budget re purchase equipment to support hazmat response 14. Ordinance to ACCEPT and APPROPRIATE $3,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget and AUTHORIZE $1,000 local match re support the Projects for Assistance in Transition from Homelessness (PATH) Program 15. Ordinance to APPROPRIATE $157,764 from the fund balance of the Commonwealth's Attorney's Forfeited Assets Special Revenue Fund to the FY2026-27 Commonwealth's Attorney Operating Budget re purchase desktop printers and scanners 16. Ordinance to APPROPRIATE and TRANSFER$1-Million from the Debt Service Reserve of the Water and Sewer Enterprise Fund as Pay-Go funding to Capital Project#100327, "Pump Station Program VI" and APPROPRIATE and TRANSFER $1-Million from the Debt Service Reserve of the Water and Sewer Enterprise Fund as Pay-Go funding to Capital Project #100685, "Water Meters Replacement Program" re water and sewer infrastructure improvements 17. Ordinance to TRANSFER $500,000 from Capital Project #100463, "Virginia Aquarium Renewal and Replacement III" to Capital Project #100749, "Virginia Aquarium Modification" and TRANSFER $500,000 from Capital Project #100437, "VA Aquarium Bldg. Systems & Facility Infrastructure II" to Capital Project #100749, "Virginia Aquarium Modification" re retain Architectural/Engineering design and consultation services K. PLANNING 1. LBC VENTURES, LLC for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re deficiencies in required lot width, street line frontage and lack of direct access to a public street at 4716 Hook Lane DISTRICT 9 RECOMMENDATION: APPROVAL 2. 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 storage yard at 2548 Potters Road DISTRICT 3 (Deferred from October 20, 2026) RECOMMENDATION: APPROVAL 3. VB INVESTMENTS, LLC/ B & L INVESTMENT GROUP LLC for a Conditional Change of Zoning from B-2 Community Business District to Conditional A-18 Apartment District re construct a 23-unit townhome-style condominium development at 700 & 724 Baker Road DISTRICT 4 RECOMMENDATION: APPROVAL 4. SECTORSITE TOWER ASSETS L.L.C. / SECTORSITE TOWER ASSETS L.L.C., GREAT EASTERN RESORT CORPORATION AND VICINITY HOLDINGS LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit re mini-warehouse and a Conditional Use Permit re bulk storage yard at 3386 & 3396 Holland Road DISTRICT 10 (Deferred from October 6, 2026) RECOMMENDATION: APPROVAL APPLICANT REQUESTS INDEFINITE DEFERRAL 5. GIUSEPPINA POLLICE & MARISA CORSALE / EUGENIO CORSALE for a Conditional Use Permit re family day-care home at 993 Autumn Harvest Drive DISTRICT 1 RECOMMENDATION: APPROVAL 6. BRANDON IACHETTA/JAMES L. HARRELL III AND ASSOCIATES LLC for a Conditional Use Permit re tattoo parlor and a Conditional Use Permit re body piercing establishment at 481 South Lynnhaven Road DISTRICT 3 RECOMMENDATION: APPROVAL 7. REAL ESTATE PURSUITS LC/ BIVI REAL ESTATE LLC for a Conditional Use Permit re mini- warehouse at 941 Laskin Road DISTRICT 6 RECOMMENDATION: STAFF - DENIAL PLANNING COMMISSION - DENIAL 8. ZOE MILLAY DUKAS for a Conditional Use Permit re residential kennel at 3012 Edinburgh Drive DISTRICT 8 RECOMMENDATION: APPROVAL 9. 511 215t STREET, LLC for a Conditional Use Permit re short term rental at 511 21St Street DISTRICT 6 RECOMMENDATION: APPROVAL 10. ALEXANDRA& CONSTANCE MENSING/ARCON INVESTMENTS VA LLC for a Conditional Use Permit re short term rental at 414 22nd % Street DISTRICT 6 RECOMMENDATION: APPROVAL L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CHESAPEAKE BAY PRESERVATION AREA BOARD • COMMUNITY SERVICES BOARD • DEFERRED COMPENSATION BOARD • GREEN RIBBON COMMITTEE • HISTORIC PRESERVATION COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OCEANA LAND USE CONFORMITY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • STORMWATER APPEALS BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT VII. PUBLIC COMMENT/OPEN DIALOGUE Open Dialogue For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the meeting at: https://vbgov.webex.com/webIink/register/r76cd2b935a774fe48f82978232ledc3c 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 10, 2026. City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson District 5 rcwilson@VBgov.com 1 757-713-3616 District 1: David Hutcheson I dhutcheson@VBgov.com 1 757-651-7641 District 2: Barbara M. Henley I bhenley@VBgov.com 1 757-426-7501 District 3: Michael F. Berlucchi I mberiucc@VBgov.com 1 757-407-5105 District 4: Dr. Amelia N. Ross-Hammond I arosshammond@VBgov.com 1 757-840-0735 District 6: Robert W. "Worth" Remick I wremick@VBgov.com 1 757-840-5855 District 7: Cal "Cash" Jackson-Green I ciacksongreen@VBgov.com 1 757-629-8792 District 8: Stacy Cummings I stcummings@VBgov.com 1 757-629-8691 District 9:Joashua F. "Joash" Schulman I jchulman@VBgov.com 1 757-840-1291 District 10:Jennifer Rouse I ivrouse@VBgov.com 1 757-840-1821 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney I City Manager Amanda Barnes I City Clerk 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 BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. MAYOR'S TASK FORCE FOR A SAFER VIRGINIA BEACH RECOMMENDATIONS 2:30 P.M. Monica Croskey, Deputy City Manager B. 2027 DRAFT LEGISLATIVE AGENDA 3:30 P.M. Brent McKenzie, Deputy Commissioner of the Revenue Jessie Williams Reynolds, Director— Legislative Affairs II. CITY COUNCIL LIAISON REPORTS 4:00 P.M. III. CITY COUNCIL DISCUSSION / INITIATIVES/COMMENTS 4:15 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:30 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:45 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 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 20, 2026 2. FORMAL SESSION —October 27, 2026 H. PUBLIC HEARING 1. PROPOSED CHARTER AMENDMENT Land Use and Public System Approvals South of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) rj PUBLIC NOTICE Proposed Charter Amendment Land Use and Public System Approvals South of the Blue Line On Tuesday,November 10,2026,at 6:00 pm in the City Council Chamber on the second floor of the City Hall Building,2401 Courthouse Drive,Virginia Beach,Virginia, the Virginia Beach City Council will hold a Public hearing to provide the citizens an opportunity to be heard to determine whether there is public support for the City Council to request the General Assembly amend its City Charter. The proposed amendment will do three things. First,It will define the blue line. Second,it will require a supermajority three- fourths approval fa any rezoningof properly to a higher density or more Intense zoning district south of the blue line. Third,the amendment would require a public hearing and various findings by the City Council prior to any extension of public water and sanitary sewer service('public services')south of the blue line. The required findings are drawn from a 2004 formal action of the City Council which prohibited the extension of Public services south of the blue line except in very narrowly defined circumstances. A copy of the text amendments Is available for Inspection in the Office of the City Clerk. The hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office. If you are physically disabled or visually 00 impaired and need assistance at this meeting please call (757)38"303. Hearing impaired,TDD-711. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below. 1. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m. on November 10,2026. 2. Download WebEx and view the meeting at: httos•//vhgov.webex.tQm/wetli n k/re2is 1W-a-6cd2 9353274f08f829782321 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-October 26&November 2,2026. <t I It CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Request the General Assembly Add Section 2.03 to the City Charter to Protect the Blue Line PUBLIC HEARING: November 10, 2026 MEETING DATE: November 17, 2026 ■ Background: The City Council is authorized to request the General Assembly amend the City Charter. Prior to making such request the City Council is required to either undertake a referendum election or hold a public hearing. For the following request, the City has elected to hold a public hearing. This proposed amendment will define the "blue line" and subject any rezoning of property to a higher density or a more intense zoning district south of the blue line to a super- majority 3/4 affirmative vote. Exhibit A, attached hereto, provides the proposed text of the requested Section 2.03. The "blue line" runs 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. The City Council believes that enacting the proposed charter request is a statement of the Council's commitment to preserving the rural character of the southern part of the City. ■ Considerations: The City Council adopted a policy on September 19, 2023, that imposes a vote requirement of three-fourths of the members of the City Council for adoption of a request for the General Assembly to amend the City Charter. ■ Public Information: A public hearing will be held on November 10, 2026. The City Council previously held a public comment on the Legislative Agenda, including this item on October 20, 2026. ■ Attachments: Resolution, Exhibit A Requested by Mayor Dyer and Vice Mayor Wilson. REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 ADD SECTION 2.03 TO THE CITY CHARTER TO REQUIRE 3 A SUPER-MAJORITY VOTE TO REZONE PROPERTY TO A 4 HIGHER DENSITY OR A MORE INTENSE ZONING 5 DISTRICT SOUTH OF THE BLUE LINE AND TO REQUIRE 6 A PUBLIC HEARING AND FINDINGS PRIOR TO 7 EXTENDING WATER AND SEWER UTILITIES SOUTH OF 8 THE BLUE LINE 9 10 WHEREAS, after due advertisement, the City Council conducted a public hearing 11 on the proposed Charter Amendment at its November 10, 2026; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 The City Council hereby requests the General Assembly add Section 2.03 to the 17 City Charter to increase the vote threshold to rezone property to a higher density or a 18 more intense zoning district south of the Blue Line and to require a public hearing and 19 findings prior to extending water and sewer utilities south of the Blue Line. The attached 20 Exhibit A, which is incorporated herein, provides the requested text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2026. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: ey's O ice CA17335 R-1 October 28, 2026 Exhibit A 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 notformally 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 tine 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 propertyto 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: 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. I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND City Code Section 21-202 re prohibit through trucks and require signage of such prohibition on Upton Drive between Nimmo Parkway and Dam Neck Road (Requested by Mayor Dyer and Vice Mayor Wilson) 2. Ordinance to DIRECT the City Manager to use project funds in Capital Project #100730, "Traffic Safety Improvements V" re replace the Windsor Woods subdivision identification sign (Requested by Vice Mayor Wilson and Council Members Berlucchi, Cummings, Jackson- Green and Schulman) 3. Ordinance to AUTHORIZE acquisition of 13,735 square feet (0.32 acres) of vacant land on Sharp Street from the Roderick Macrae Revocable Trust and AUTHORIZE the City Manager to EXECUTE all necessary documents re improvements to adjacent City-owned pump station for future public utilities and drainage purposes 4. Ordinance to AUTHORIZE acquisition of 12,909 square feet (.30 acres) of property located at 1132 Kittery Drive and AUTHORIZE the City Manager to EXECUTE all necessary documents re replace pump station for public utilities 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Mill Pond (a/k/a Bass Inlet) and a 5-foot public drainage and utility easement located at 2941 Sand Bend Road re maintain existing rip rap revetment and timber pier, and construct and maintain a timber floating pier, aluminum gangway, timber pier addition, timber pile aluminum boat lift and two jet ski floats DISTRICT 2 6. Ordinance to AUTHORIZE temporary encroachments into a portion of a 20-foot and 30-foot City-owned drainage and utility easements located at 1288 Holly Point Road re maintain existing timber bulkhead, four (4) 8-foot timber piles, 48-inch metal fence, portion of a pool house, woodshed, brick patio, and construct and maintain a wood deck and boat lift for existing piles DISTRICT 8 7. Ordinance to EXTEND the date for satisfying the conditions in the matter of Whitney W. Elliott re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55th Street, Unit B 8. Ordinance to EXTEND the date for satisfying the conditions in the matter of Matthew E. Mancoll and Robin A. Mancoll re closure of an unimproved, unnamed alley adjacent to the rear of 219 54th Street 9. Ordinance to ACCEPT and APPROPRIATE $425,224 from the cities of Chesapeake, Norfolk, Portsmouth and Suffolk to the FY2026-27 Human Services Operating Budget; AUTHORIZE $106,306 local match; and TRANSFER $106,306 within the Consolidated Grants Special Revenue Fund to the FY2026-27 Human Services Operating Budget re bring awareness, resources and treatment services to address the opioid epidemic in Hampton Roads F 10. Ordinance to ACCEPT and APPROPRIATE $62,500 from the Virginia Department of Emergency Management (VDEM) to the FY2026-27 Fire Department Operating Budget re purchase equipment to support technical rescue response and training activities 11. Ordinance to ACCEPT and APPROPRIATE $39,821 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget re support substance abuse disorder services 12. Ordinance to ACCEPT and APPROPRIATE $14,810 from the Library of Virginia to the FY2026-27 Library Department Operating Budget re professional development 13. Ordinance to ACCEPT and APPROPRIATE $8,135 from the Virginia Department of Emergency Management (VDEM) to the FY2026-27 Fire Department Operating Budget re purchase equipment to support hazmat response 14. Ordinance to ACCEPT and APPROPRIATE $3,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget and AUTHORIZE $1,000 local match re support the Projects for Assistance in Transition from Homelessness (PATH) Program 15. Ordinance to APPROPRIATE $157,764 from the fund balance of the Commonwealth's Attorney's Forfeited Assets Special Revenue Fund to the FY2026-27 Commonwealth's Attorney Operating Budget re purchase desktop printers and scanners 16. Ordinance to APPROPRIATE and TRANSFER $1-Million from the Debt Service Reserve of the Water and Sewer Enterprise Fund as Pay-Go funding to Capital Project #100327, "Pump Station Program VI" and APPROPRIATE and TRANSFER $1-Million from the Debt Service Reserve of the Water and Sewer Enterprise Fund as Pay-Go funding to Capital Project #100685, "Water Meters Replacement Program" re water and sewer infrastructure improvements 17. Ordinance to TRANSFER $500,000 from Capital Project #100463, "Virginia Aquarium Renewal and Replacement III" to Capital Project #100749, "Virginia Aquarium Modification" and TRANSFER $500,000 from Capital Project #100437, "VA Aquarium Bldg. Systems & Facility Infrastructure II" to Capital Project #100749, "Virginia Aquarium Modification" re retain Architectural/Engineering design and consultation services �1M�BBC L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 21-202 to the City Code to Prohibit Through Trucks on Upton Drive between Nimmo Parkway and Dam Neck Road and to Require Signage of Such Prohibition MEETING DATE: November 10, 2026 ■ Background: Virginia Code § 46.2-1304 authorizes the City Council to prohibit by ordinance the use of through trucks on certain designated streets, whenever in their judgment conditions so require. In response to citizen concerns over through truck traffic, the Mayor and Vice Mayor have requested staff to bring forward such an ordinance for Upton Drive between Nimmo Parkway and Dam Neck Road. This ordinance will enable Public Works and Traffic Engineering to erect signs prohibiting through trucks and the Police Department to enforce the same. ■ Considerations: This prohibition will apply only to trucks traveling on Upton Drive between Nimmo Parkway and Dam Neck Road. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Requested by Mayor Dyer and Vice Mayor Wilson REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 AN ORDINANCE TO AMEND SECTION 21-202 2 TO THE CITY CODE TO PROHIBIT THROUGH 3 TRUCKS ON UPTON DRIVE BETWEEN 4 NIMMO PARKWAY AND DAM NECK ROAD 5 AND TO REQUIRE SIGNAGE OF SUCH 6 PROHIBITION 7 8 SECTION AMENDED: § 21-202 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 1. That Section 21-202 is hereby amended to the Code of the City of Virginia Beach, 14 Virginia, to read as follows: 15 16 Sec. 21-202. No through trucks permitted on certain roadways. 17 Through Trucks are prohibited on the following roadways, except for the purpose of 18 receiving loads or making deliveries: 19 Twin Mills Road 20 Regent University Drive 21 Upton Drive between Nimmo Parkway and Dam Neck Road 22 23 2. The City Manager is hereby directed to have appropriate signage providing the 24 prohibition upon through trucks authorized herein. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2026. APPROVED AS TO LEGAL SUFFICIENCY: I ity A rney's Office CA17334 R-1 October 28, 2026 ���wYMy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Use Project Funds for the Replacement of a Subdivision Identification Sign MEETING DATE: November 10, 2026 ■ Background: Capital Project #100730, "Traffic Safety Improvements V," is a citywide project that funds traffic safety improvements, including constructing turn lanes and bypass lanes, realignment of existing roadways, installing traffic signals, installing guardrails, installing sidewalks, removing visual obstructions, and other safety improvements. In performing work at the intersection of Rosemont Road and S. Plaza Trail (the "Intersection") near the Windsor Woods neighborhood, the project requires the removal of the Windsor Woods subdivision identification sign from the public right-of-way. The sign has been located at the Intersection for at least 50 years and likely longer. Because the City project requires the removal of the existing sign, the neighborhood has asked the City to use project funds to provide a new subdivision sign at a suitable location at the Intersection as part of the project. ■ Considerations: The installation of a new subdivision sign is expected to cost no more than $30,000. Capital Project #100730 has sufficient funds to absorb this cost. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Requested by Vice Mayor Wilson and Councilmembers Berlucchi, Cummings, Jackson-Green, and Schulman. REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, CUMMINGS, JACKSON-GREEN, AND SCHULMAN 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 2 USE PROJECT FUNDS FOR THE REPLACEMENT OF A 3 SUBDIVISION IDENTIFICATION SIGN 4 5 WHEREAS, a road safety project near the Windsor Woods neighborhood in the 6 City will require the removal of a subdivision identification sign from the public right-of- 7 way, and the neighborhood has asked the City to use project funds to install a new 8 subdivision identification sign in a suitable location as part of the project. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 The City Manager is hereby authorized to use project funds in Capital Project 14 #100730, "Traffic Safety Improvements V," for the construction of a new Windsor Woods 15 subdivision identification sign in a suitable location. Such replacement is expected to cost 16 no more than $30,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO LEGAL SUFFICIENCY: ney's Office CA17340 R-1 November 4, 2026 Nwe�. V �aj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of 13,735 sq. ft. (0.32 acres) of vacant land on Sharp Street (GPINs: 1497-37-6836 and 1497-37-6737) from the Roderick Macrae Revocable Trust MEETING DATE: November 10, 2026 ■ Background: The Roderick Macrae Revocable Trust (the "Macrae Trust") owns two (2) vacant parcels of land consisting of approximately 13,735 sq. ft. (0.32 acres) on Sharp Street (GPINs: 1497-37-6836 and 1497-37-6737) in the City of Virginia Beach (collectively, the "Property"). The City owns a pump station at 506 Sharp Street (GPIN: 1497-37-6809) adjacent to the Property. City staff has determined that a portion of the Property is needed for improvements to the City's pump station and for future public utilities and drainage purposes. The City initially contacted the Macrae Trust for the purchase of one of its parcels, but the Macrae Trust is requiring the purchase of both parcels. The Property is being sold for $18,000 because it has a use restriction that no residence or dwelling may be constructed on the Property. ■ Considerations: City staff recommends purchasing the Property for $18,000 and the acquisition can be funded from the Pump Station Program VI Project, CIP 100327. ■ Public Information: Public notice via the normal City Council agenda process. ■ Alternatives: Deny the request to acquire the Property. ■ Recommendations: Approve the request subject to the terms and conditions of the Summary of Terms. ■ Attachments: Ordinance, Property Description, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: r ,� 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 13,735 SQ. FT. (0.32 3 ACRES) OF VACANT LAND ON SHARP 4 STREET (GPINS: 1497-37-6836 AND 1497-37- 5 6737) FROM THE RODERICK MACRAE 6 REVOCABLE TRUST 7 8 WHEREAS, the Roderick Macrae Revocable Trust(the"Macrae Trust")owns two (2) 9 vacant parcels of land on Sharp Street (GPINs: 1497-37-6836 and 1497-37-6737) in the 10 City of Virginia Beach (collectively, the "Property"), as further described on Exhibit A, 11 attached hereto and incorporated herein, 12 13 WHEREAS, the City of Virginia Beach (the "City") owns the adjacent property at 506 14 Sharp Street, which contains a pump station, and needs the Property to make 15 improvements to the City's pump station and for future public utilities and drainage 16 purposes; 17 18 WHEREAS, the Macrae Trust has agreed to convey the Property to the City for 19 $18,000 and funding for the acquisition is available in the Pump Station Program VI Project, 20 CIP 100327; 21 22 WHEREAS, the Macrae Trust has agreed to convey the Property to the City in 23 accordance with the Summary of Terms attached hereto as Exhibit B and incorporated 24 herein; and 25 26 WHEREAS, the City Council finds that it is in the best interests of the City to acquire 27 the Property in accordance with the Summary of Terms. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA- 31 32 1. That the City Council authorizes the acquisition of the Property described on 33 Exhibit A pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended. 34 35 2. That the City Manager or his designee is further authorized to execute all 36 documents that may be necessary or appropriate in connection with the purchase of the 37 Property, in accordance with the Summary of Terms attached hereto as Exhibit B, and 38 including such other terms, conditions and modifications as may be acceptable to the City 39 Manager and in a form deemed satisfactory by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 42 of 12026. CA17188 R-1 PREPARED: 9/29/26 t APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIEN Y AND FORM P BLIC WOR S, REAL ESTATE CITY ATTORNEY APPROVED AS TO AVAILABILITY OF FUNDS: FINANCE EXHIBIT "A" Parcel C-1 (GPIN 1497-37-6836) ALL THAT certain lot, tract or parcel of land, together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as "C-1 ", as shown on that certain plat entitled "Resubdivision of Parcel C Subdivision of Parcel A Eastern Park Section 3 Lynnhaven Mag. District Princess Anne Co., VA," dated July 27, 1957, made by John M. Baldwin & Associates, Civil Engineer & Surveyors, Norfolk, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 44, at page 3, to which plat reference is made for a more particular description. Together with all right, title and interest of the Landowner, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. Parcel C-2 (GPIN 1497-37-6737) ALL THAT certain lot, tract or parcel of land, together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as "C-2", as shown on that certain plat entitled "Resubdivision of Parcel C Subdivision of Parcel A Eastern Park Section 3 Lynnhaven Mag. District Princess Anne Co., VA," dated July 27, 1957, made by John M. Baldwin & Associates, Civil Engineer & Surveyors, Norfolk, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 44, at page 3, to which plat reference is made for a more particular description. Together with all right, title and interest of the Landowner, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. EXHIBIT "B" SUMMARY OF TERMS SELLER: The Roderick Macrae Revocable Trust BUYER: City of Virginia Beach PROPERTY: 13,735 sq. ft. (0.32 acres) of vacant land on Sharp Street known as Parcel C-1 (GPIN: 1497-37-6836) and Parcel C-2 (GPIN: 1497-37-6737) CONSIDERATION: $18,000.00 SOURCE OF FUNDS: Pump Station Program VI Project, CIP 100327 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City • Settlement will be within 90 days after full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs. • City shall bear the costs of obtaining a title report and preparation of closing documents. • Approval of this purchase shall be revoked if closing has not occurred on or before December 31, 2027, unless extended by the City Manager prior to such date. 9 3P„�UBLIC �.. W' DRAINAGE EASEMENT o>` r t _ r o r, _vA plk- LOCATION MAP PROPERTY ACQUISITION OF PARCELS C-1 & C-2 �� `y►'� FOR PUMP STATION PROGRAM VI Legend CIP 100327 PROPERTY OWNER: 1497-37-6836 THE RODERICK MACRAE REVOCABLE TRUST GPINs: 1497-37-6836 & 1497-37-6737 1497-37-6737 0 50 100 ❑ CITY PROPERTY MARS S7 LIM Feet reparK v MANrPWEnq,SurvevBufeaul- - 2> s O ted a state aen a Mar00tv ProDerty,260381 GPIN 1497- -37-6836Aerial aprx ���` N SITE it; ` 30' PUBLIC DRAINAGE EASEMENT S V RWAI r 1-264 PARCEL C-1 [� N PARCEL C-2 0 LOCATION MAP PROPERTY ACQUISITION OF PARCELS C-1 & C-2 FOR PUMP STATION PROGRAM VI Legend CIP 100327 PROPERTY OWNER: 1497-37-6836 THE RODERICK MACRAE REVOCABLE TRUST GPINs: 1497-37-6836 & 1497-37-6737 1497-37-6737 0 50 100 F� CITY PROPERTY MARS S7 Feet s repaf V - nqi urvev ureau' - - VS rc Gis Proiects'Real EstateAqenda klamC4v OpertV - -b... aprx VBCITY OF VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION DISCLOSURE APPLICANT INFORMATION Applicant Name: os listed on application The Roderick Macrae Revocable Trust Is Applicant also the Owner of the subject property? Yes(F) Noo if no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO No0 If yes, name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesONoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant. (Attach list if necessary.) 7ickacrae, Trustee Does the subject property have a proposed or pending purchaser? Yes T No if yes, name proposed or pending purchaser: The City of Virginia Beach 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 Nome entity and/or individual Financing(mortgage, deeds of trust, O O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation © 0 Architect/Designer/Landscape © O Architect/land Planner Construction Contractor © O Engineer/Surveyor/Agent © G) Legal Services t Q © 1 R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Roderick Macrae, Trustee T vsrt't ���� 1�ZOZ6, Applicant Name(Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm,business, trust,or unincorporated business? YesONoO !f yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso Noo !f yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No 0 If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O 0 cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor O O Accounting/Tax Return Preparation O O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 i xJ ✓n° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of 12,909 sq. ft. (0.30 acres) of property located at 1132 Kittery Drive for a replacement pump station for Public Utilities MEETING DATE: November 10, 2026 ■ Background: The City of Virginia Beach owns and operates Pump Station 440 Bellamy Manor East Orkney (the "Pump Station"), located at 1139 Orkney Drive (the "Existing Site"), which services the subdivisions located around Bellamy Manor and Stratford Chase. The Pump Station was built in the 1970s and is nearing the end of its useful life. The Pump Station's location behind a residence is challenging, particularly during emergency events. Because the Existing Site, consisting of approximately 1,600 sq. ft., does not provide adequate space for an emergency backup generator to remain onsite, during power outages a portable generator or bypass pump must be brought to the Existing Site to service the Pump Station. Because the Pump Station is located behind a residence rather than abutting the public right-of-way, sanitary sewer gravity mains and force mains leading to the Pump Station are also located in backyards of residences, resulting in difficult access for maintenance of these facilities. The Pump Station is critical to keep in service as it conveys sanitary sewer flows from five other service areas into the Hampton Roads Sanitation District system. Denice Ann Rudolph, Corrine There'se Barbato, William James Huguenel and Eileen Mary Zimmerman (collectively, the "Seller") own the property located at 1132 Kittery Drive (GPIN: 1476-01-4074) (the "Property"), which is adjacent to the Existing Site. The Seller has listed the Property for sale and City staff has determined that the Property is an ideal location for a replacement pump station. The Property abuts the public right-of-way of Kittery Drive, providing easy access for service, operation, and maintenance, and allowing existing utilities in backyard easements to be relocated to the right-of-way. The Property is larger than the Existing Site with adequate space for a newer pump station and for a generator or permanent bypass pump to remain onsite. Because the Property is adjacent to the Existing Site, constructing a new pump station on the Property rather than a farther location within the service area will provide cost savings by avoiding utility relocations and associated costs that would otherwise result. ■ Considerations: City staff and the Seller have reached an agreement, subject to Council approval, for the purchase of the Property. The proposed purchase price is $510,000 and is recommended to be funded from the Pump Station Program VI Project, C I P 100327. 0 Public Information: Advertisement of City Council Agenda ■ Alternatives: Deny the request, find an alternative site. ■ Recommendations: Approve the purchase of the Property subject to the terms and conditions of the Summary of Terms. ■ Attachments: Ordinance, Property Description, Summary of Terms, Disclosure Statements, and Location Map. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 12,909 SQ. FT. (0.30 ACRES) OF PROPERTY 3 LOCATED AT 1132 KITTERY DRIVE FOR A 4 REPLACEMENT PUMP STATION FOR PUBLIC 5 UTI LITI ES 6 7 WHEREAS, Denice Ann Rudolph, Corrine There'se Barbato, William James 8 Huguenel and Eileen Mary Zimmerman (collectively, the"Seller") own the property located 9 at 1132 Kittery Drive, in the City of Virginia Beach, Virginia (GPIN: 1476-01-4074) (the 10 "Property"), as further described on Exhibit A, attached hereto and incorporated herein, 11 12 WHEREAS, adjacent to the Property, the City of Virginia Beach (the"City")owns the 13 pump station known as Pump Station 440 Bellamy Manor East Orkney, located at 1139 14 Orkney Drive, that needs to be replaced; 15 16 WHEREAS, the Seller has agreed to convey the Property to the City for$510,000 in 17 accordance with the Summary of Terms attached hereto as Exhibit B and incorporated 18 herein; 19 20 WHEREAS, funding for the acquisition is available in Pump Station Program VI 21 Project, CIP 100327; and 22 23 WHEREAS, the City Council finds that it is in the best interests of the City to acquire 24 the Property in accordance with the Summary of Terms. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the City Council authorizes the acquisition of the Property described on 30 Exhibit A pursuant to §15.2-1800 of the Code of Virginia (1950), as amended. 31 32 2. That the City Manager or his designee is further authorized to execute all 33 documents that may be necessary or appropriate in connection with the purchase of the 34 Property, in accordance with the Summary of Terms attached hereto as Exhibit B, and 35 including such other terms, conditions and modifications as may be acceptable to the City 36 Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 39 of , 2026. 40 CA17199 R-2 PREPARED: 10/16/2026 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: bC P BLI WORK , REAL ESTATE AT NE APPROVED AS TO SUFFICIENCY OF FUNDS: FINANCE EftPARTMENT EXHIBIT "A" Legal Description G PI N: 1476-01-4074 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 4, in Block L, Section 2, as shown on that certain plat entitled "PLAT OF STRATFORD CHASE SUBDIVISION SECTION 2," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 114, at pages 49 and 49A, to which reference is made for a more particular description. TOGETHER WITH all right, title and interest of the Landowner, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. EXHIBIT "B" SUMMARY OF TERMS SELLER: Denice Ann Rudolph, Corrine There'se Barbato, William James Huguenel and Eileen Mary Zimmerman, and their respective heirs, successors and assigns BUYER: City of Virginia Beach, VA PROPERTY: Approximately 12,909 square feet (0.30 acres) of property located at 1132 Kittery Drive (GPIN: 1476-01-4074) CONSIDERATION: $510,000.00 SOURCE OF FUNDS: Pump Station Program VI Project, CIP 100327 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs, if any. • Seller may remove the lighting fixtures and carpeting throughout the property prior to sale. • City shall bear the costs of preparation of closing documents and recording fees. • The brokerage fee of the Seller's Broker will be paid by the Seller. The City is not responsible for any payment to the Broker. s r u , warn t C� Y r tt y� ( f t 4� a. } rL 10 PUBLIC UTILITIES & . J 1 DRAINAG&MEMENT w s , t{ �� f t — UTILITIES �. 1 P,116 � & DRAINAGE EASEMENT LOCATION MAP INVESTIGATION OF PROPERTY FOR Legend � ��� CiP 100327 9 OWNER DENICE ANN Tm HUGUENEL RUDOLPH et. al. City PropertyF GPIN 1476-01-4074 1476-01-4074 "�, r•" ' 0 50 100 � . . - Feet CITY OF Disclosure VIRGINIA VB BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia 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: Denice A Rudolph as listed on application Is Applicant also the Owner of the subject property? Yese Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso Nou' If yes, name Representative: Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YesoNo® If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor C.J C) Morewitz Realty/ Lindsey Davis Disclosure Statement I rev. May-2024 page 1 of 3 Authentisign ID:69A507F9-6DD4-F1 1 1-BF5B-000D3A4FF82A SECTION continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 v Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 9 0 MN Legal Services APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. V—t :;Denice A RudolphrD' eh►ce A ,QudolpC► 10/30/26 Applicant Name (Print) Applicant Signature Date "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities,there are common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 � Authentisign ID:69A507F9-6DD4-F111-BF5B-00OD3A4FF82A SECTION PROPERTY r • r PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Denice A Rudolph Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? YesNo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, Q cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation o Architect/Designer/Landscape Q Architect/Land Planner UA Construction Contractor 0 Engineer/Surveyor/Agent O ilquh Legal Services 0 PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. Authent s.;u Denice A Rudolph rDehi'ce A Rud00 10/30/26 Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 DisclosureCITY OF VB VIRGINIA Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. •N 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: Corrine T Barbato as listed on application 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? Yeso No If yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesONo® If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes 0 No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No' If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 10 0 Morewitz Realty/ Lindsey Davis Disclosure Statement I rev. M ay-2024 page 1 of 3 Authentisign ID:69A507F9-6DD4-F111-BF5B-00OD3A4FF82A SECTION • • i • continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 E) Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 LJ Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. A the t-:.:-.. Corrine T Barbato rcore;iie HprW o 10/30/26 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities. See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Authentisign ID:69A507F9-6DD4-F111-BF5B-00OD3A4FF82A SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: Corrine T Barbato as listed on application Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? YesbNog If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 Non If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, Q cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation kiy Architect/Designer/Landscape ® 0 Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services 0 PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. uthent, Corrine T Barbato [CO' rrlhe T&r6to 10/30/26 Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M ay-2024 page 3 of 3 DisclosureCITY OF VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: William 1 Huguenel as listed on application 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? Yeso No If yes, name Representative: Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YesoNo� If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, Q cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Q Morewitz Realty/Lindsey Davis Disclosure Statement I rev. May-2024 page 1 of 3 Authentisign ID:69A507F9.6DD4-F111-BF5B-00OD3A4FF82A SECTION continued SERVICE YES NO SERVICE PROVIDER �y (Name entityand/or individual) Accounting/Tax Return Preparation 0 v Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Authentl,... William 1 Huguenel CWillim,J Huguehel 10/30/26 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. z"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities, there are common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 � Authentisign ID:69A507F9-6DD4-F111-BF5B-OOOD3A4FF82A SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: William J Huguenel as listed on application Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? Yeso N If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? YesC) No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 G Engineer/Surveyor/Agent Legal Services n PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. A�th. William J Huguenel rUWSiAh.]HUIuenel 10/30/26 Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M ay-2024 page 3 of 3 DisclosureCITY OF VB VIRGINIA Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: Eileen M Zimmerman as listed on application Is Applicant also the Owner of the subject property? YesE) Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso No© If yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes©Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso NoE) If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor © Morewitz Realty/Lindsey Davis Disclosure Statement I rev. May-2024 page 1 of 3 Authentisign ID:69A507F9-6DD4-F111-BF5B-000D3A4FF82A SECTION continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Authentic:: Eileen M Zimmerman r6leeh �A 7' Qeh 10/30/26 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M ay-2024 page 2 of 3 Authentisign ID:69A507F9-6DD4-F111-BF56-000D3A4FF82A SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Eileen M Zimmerman Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? YesoNoM If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? YesO Nol) If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No® If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. uthentisc. Eileen M Zimmerman [ieeh M ZllhhieYhtGth 10/30/26 Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 �C 7$ tZ) 44+��Va..Irr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- owned Property Known as Mill Pond (a/k/a Bass Inlet) and a 5' Public Drainage and Utility Easement Located at 2941 Sand Bend Road MEETING DATE: November 10, 2026 ■ Background: Cynthia Vassiliou and Marius Vassiliou (the "Applicants") requested permission to maintain existing rip rap revetment and an existing timber pier, and to construct and maintain a timber floating pier, an aluminum gangway, a timber pier addition, a timber pile aluminum boat lift and two jet ski floats (collectively, the "Temporary Encroachment") into City-owned property known as Mill Pond (a/k/a Bass Inlet) (GPIN: 2433-33-0267) and a 5' public drainage and utility easement, located along the side and rear of 2941 Sand Bend Road (GPIN: 2433-33-1477). The Temporary Encroachment exceeds the size restrictions set forth in City Code Section 33-113.3, and therefore, does not qualify for Sandbridge's administrative approval and requires City Council action. ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Mill Pond (a/k/a Bass Inlet), which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: r w `F� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF 5 CITY-OWNED PROPERTY KNOWN AS MILL 6 POND (A/K/A BASS INLET) AND A 5' PUBLIC 7 DRAINAGE AND UTILITY EASEMENT 8 LOCATED AT 2941 SAND BEND ROAD 9 10 WHEREAS, Cynthia Vassiliou and Marius Vassiliou (the "Applicants") desire to 11 maintain 100' lineal feet of existing rip rap revetment and an existing 12' x 16' timber pier, 12 and to construct and maintain a 10' x 14'timber floating pier, a Tx 10' aluminum gangway, 13 a 5' x 12' timber pier addition, a 12' x 12' timber pile aluminum boat lift and two 10' (total) x 14 14'jet ski floats (collectively, the"Temporary Encroachments") into a portion of City-owned 15 property known as Mill Pond (a/k/a Bass Inlet) (GPIN: 2433-33-0267) and a 5' public 16 drainage and utility easement located at the side and rear of 2941 Sand Bend Road (GPIN: 17 2433-33-1477); and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's right-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 27 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, assigns 28 and successors in title are authorized to construct and maintain the Temporary 29 Encroachments as shown on the map entitled: ""EXHIBIT `A' — ENCROACHMENT 30 REQUEST FORAN EXISTING TIMBER PIER, EXISTING RIP RAP REVETMENT AND A 31 PROPOSED PIER ADDITION, FOUR TIMBER PILE ALUMINUM BOAT LIFT,ALUMINUM 32 GANGWAY, TIMBER FLOATING PIER AND TWO JET SKI FLOATS FOR: MARIUS & 33 CYNTHIA VASSILIOU 2941 SAND BEND ROAD BACK BAY MEADOWS SECTION 3 LOT 34 79 M.B. 67, PG. 45", Scale: 1" =40', dated December 17, 2025, prepared by Chesapeake 35 Bay Site Solutions, a copy of which is of which is attached hereto as Exhibit A and on file in 36 the Department of Public Works and to which reference is made for a more particular 37 description; 38 39 BE IT FURTHER ORDAINED, that the Temporary Encroachments are expressly 40 subject to those terms, conditions and criteria contained in the agreement between the City 41 of Virginia Beach and Cynthia Vassiliou and Marius Vassiliou (the "Agreement"), an 42 unexecuted copy of which has been presented to the Council in its agenda, and will be 43 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 44 Beach; 45 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 47 hereby authorized to execute the Agreement; and 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 49 time as Cynthia Vassiliou and Marius Vassiliou and the City Manager or his authorized 50 designee execute the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 53 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P LI WORK , REAL ESTATE CITY ATTORNEY CA17154 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d005\p057\01150051.doc R-1 Prepared: 10/21/26 I' Docusign Envelope ID:8FF156FC-3B4B-83C2-8115-58B9E1D4F4D5 VASSILIOU ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE ti--- COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. Z 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS I REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. M.B.67 PG.45 PIER DETAIL 1"=30' ° MILL POND w M.B. 67 PG. 45 12' w o z z EBB —ai -- ------ w a o- �E �LOOD � a CANAL d p CITY OF VIRGINIA BEACH 4 cd z GPIN:2433-33-0267 _ 100.0' _ - ___ _ M.B.67,PG.45 12.2'�f N 10'39'00'lC/l --- 100.00, - /MEAN LOGY!WATER - -----_— _-- __ ---- _\\\ _..J EX.RIPRAP EXISTING MEAN HIGH WATER I TIMBER PIER EX.BULKHEAD i I I I I I I _ I LOT 78 0l i POOL i o LOT 80 NOW OR FORMERLY of i� i o NOW OR FORMERLY JOHN F.&ELIZABETH M. LEPINE �, I� I _ IMAGE HOME DEVELOPMENT LLC GPIN:2433-33-2328 im i GPIN:2433-33-1547 INST: 200404090056388 �I i i 1 INST: 2024030171 17 M.B.67,PG.45 N0 Iw I 'N M.B.67,PG.45 �I Iui c Ln i'n LOT 79 j N NOW OR FORMERLY MARIUS&CYNTHIA VASSILIOU I GPIN:2433-33-1477 I INST: 202503033062 ***f f 00 I� M.B.67,PG,45 I ( 4�+;p,LTFjOFff0 FLqc♦ Ic I� I I I GREGORY 0, MILSTEAD5. Lic. No. 047323 P(F) I I P(F) W� 860'TO N 1O'34'00"W 100.00' EXISTING BACK SAY SAND BEND ROAD ■0f00o1:A1,1'��� ■ CONDITIONS 50'RIGHT-OF-WAY 0 40 80 M.B. 67,PG.45 EXHIBIT'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER SCALE: 1"=40' PIER, EXISTING RIP RAP REVETMENT AND A PROPOSED PIER ADDITION, ,ram FOUR TIMBER PILEALUMINUM BOAT LIFT, ALUMINUM GANGWAY, TIMBER FLOATING PIER AND TWO JET SKI FLOATS CHIN,APIAKE 13AY FOR: MARIUS&CYNTHIA VASSILIOU SITE SOLUTIONS 2941 SAND BEND ROAD P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 79 VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG. 45 DECEMBER 17, 202S PAGE 1 OF 2 (7S7)575-3715 Docusign Envelope ID:8FF1 56FC-3B4B-83C2-8115-58B9E1 D4F4D5 VASSILIOU ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE -- COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 2 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. ny PIER DETAIL 1+=30 PROPOSED(4)TIMBER z Z M.B.67 PG.45 PILE ALUMINUM w w z MILL POND — 12 v BOAT LIFT Zp v w r' ' z - o LL M.B. 67 PG.45 z _j --EBB 14' 14' a w X Y a LOOD-- 0 12 Ln , z r u m < a ; CANAL a --►I 10, - JO LD 46.6' - ` N CITY OF VIRGINIA BEACH w Q m o GPIN:2433-33-0267 LD M.B. 67,PG.45 m iD -- PROPOSED TIMBER FLOATING PIER N 10'34'00-lr/ WITH ALUMINUM GANGWAY 100.00 10.0'TO PL - - - 43.7'TO PL MEAN LOW WATER - EX.RIPRAP I _ . _ — ,i _ �t �" _ i I PROPOSED TIMBER t- EXISTING EX.BULKHEAD MEAN HIGH WATER PIER ADDITION ; PROPOSED TIMBER PIER I ; JET SKI FLOATS i I LOT 78 0, I� POOL I : o LOT 80 NOW OR FORMERLY o' i� NOW OR FORMERLY JOHN F.& ELIZABETH M. LEPINE _� I� I I - IMAGE HOME DEVELOPMENT LLC GPIN:2433-33-2328 im GPIN:2433 33 1547 INST: 200404090056388 I INST: 2024030171 17 M.B.67,PG.45 N' Iw I ' N M.B.67, PG.45 I I W LOT 79 j 1 �w NOW OR FORMERLY 1 MARIUS&CYNTHIA VASSILIOU I J �1 GPIN:2433-33-1477 4+F,P•LTH F� INST: 202503033062 •va r o O jlr Iw M.B.67,PG.45 IQ I • Q o �U GREGORY 0. 1,11LSTEAD 1� 1 *b Lic. No. 047323 a� �Ar 0� 8/4/2026 P(F)1 I I P(F) Cytia -—860'TO N 10°34'00"W 100.00' r0;2YONAL � BACK BAY CRIES PROPOSED SAND BEND ROAD IMPROVEMENTS 50'RIGHT-OF-WAY M.B. 67,PG.4S 0 40 80 EXHIBIT'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER SCALE: 1"=40' PIER, EXISTING RIP RAP REVETMENT AND A PROPOSED PIER ADDITION, FOUR TIMBER PILE ALUMINUM BOAT LIFT, ALUMINUM GANGWAY, a ,rr TIMBER FLOATING PIER AND TWO JET SKI FLOATS GHESAPM1 ,13AY FOR: MARIUS &CYNTHIA VASSILIOU srrF,SOLUTIONS 2941 SAND BEND ROAD P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 79 VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG.45 DECEMBER 17, 2025 PAGE 2 OF 2 (757)575-371S PREPARED BY VIRGINIA BEACH CITYATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of %Qgt2VN)RX, 20)J by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CYNTHIA VASSILIOU and MARIUS VASSILIOU, Spouses, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 79" as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA.", Scale: 1" = 100', dated February 4, 1966, prepared by W. B. Gallup - Certified Land Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 2941 Sand Bend Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain 100' lineal feet of existing rip rap revetment and an existing 12' x 16' timber pier and to construct and maintain a 10' x 14' timber floating pier, a 3' x 10' aluminum gangway, a 5' x 12' timber pier addition, a 12' x 12' timber pile aluminum boat lift and two (2) 10' (total) x 14' jet ski floats, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City property known as Mill Pond, a/k/a Bass Inlet and a City-owned 5' drainage and utility easement located at the side and rear of 2941 Sand Bend Road, the "Encroachment Area"; and GPIN: 2433-33-0267 — City Property (Mill Pond a/k/a Bass Inlet) GPIN: 2433-33-1477 (2941 Sand Bend Road) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' — ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, EXISTING RIP RAP REVETMENT AND A PROPOSED PIER ADDITION, FOUR TIMBER PILE ALUMINUM BOAT LIFT, ALUMINUM GANGWAY, TIMBER FLOATING PIER AND TWO JET SKI FLOATS FOR: MARIUS & CYNTHIA VASSILIOU 2941 SAND BEND ROAD BACK BAY MEADOWS SECTION 3 LOT 79 M.B. 67, PG. 45", Scale: 1" = 40', dated December 17, 2025, prepared by Chesapeake Bay Site Solutions, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that Grantee will not disturb or remove any existing trees on City Property without the prior written consent of City. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance 2 activities upon public property adjacent to 2941 Sand Bend Road, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 2941 Sand Bend Road. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities, the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, Cynthia Vassiliou and Marius Vassiliou, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 CY T IA VAS ILIOU, Owner AOL" rIUS VASSILIOU, Owner STATE OF � � CITY/COUNTY OF - �`� iSeek , to-wit- The foregoing instrument was acknowledged before me this day of Sleek!!16/ , 2", by CYNTHIA VASSILIOU. (SEAL) Notary Public Notary Registration Number: 66V976 M Commission Expires: 1'3I`dJ2� - .y_ Y p AUSTIN S FITZGERALD L Public Commonwealthotary Pu of Vir4inia i Re;istratian No.3098876 My Commission[xpires A":,.y 31,2027 STATE OF CITY/COUNTY OF t i--•r` 'eC4, , to-wit: The foregoing instrument was acknowledged before me this day of 20A by MARIUS VASSILIOU. (SEAL) Notary Public Notary Registration Number: ��0�� 7A My Commission Expires: AUSTIN S FIT-2 Notary Public Commonwealth of Viro.inia 1 Registration No. 809 37G My Contmisslon Expires Mzy 31,2027 7 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM PU Lfd W RK - REAL ESTATE CITY ATTORNEY--- -- 8 Docusign Envelope ID:8FF156FC-3B4B-83C2-8115-58B9E1D4F4D5 VASSILIOU ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3, THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 2 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. ni M.B.67 PG.45 PIER DETAIL 1"=30' z MILL POND u w M.B.67 PG.45 12' W a w w EBB ---or -- — w a a- w �LOOD— d � bo v a W CANAL O CITY OF VIRGINIA BEACH 4 z GPIN.2433-33-0267 06 —100.0' M.B.67,PG.45 12.2' N 10'34'00'W 100.00' MEAN LOW WATER --- ------ ---------- --- _.._. EX.RIPRAP .. _ i j EXISTING I MEAN HIGH WATER TIMBER PIER EX.BULKHEAD I I I I i I LOT 78 al i POOL i l o LOT 80 NOW OR FORMERLY NOW OR FORMERLY JOHN F.&ELIZABETH M.LEPINE _� I o ±" IMAGE HOME DEVELOPMENT LLC GPIN:2433-33-2328 im i GPIN:2433-33-1547 INST. 20040409DOS6388 3i �� 3 INST. 202403017117 M.B.67,PG.45 N' I 'N M.B.67,PG.45 I � I ^� j"' LOT 79 NOW OR FORMERLY I 1� MARIUS&CYNTHIA VASSILIOU I 5 GPIN:2433-33-1477 INST. 202503033062 I IW M.B.67,PG.45 T110,6 p I(n I O I I •UGREGORY 0. IdILSTEAD�� ' 4b Lic. No. 047323 P(F)1 I 1 1 PlF) �� W •O 8/4/2026 860'TO N 10°34'00'W 100.00' Ar EXISTING im BACK BAY SAND BEND ROAD i,� CONDITIONS 50'RIGHT-OF-WAY 0 40 80 M.B.67,PG.45 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER SCALE:1"=40' PIER, EXISTING RIP RAP REVETMENT AND A PROPOSED PIER ADDITION, ,ram FOUR TIMBER PILE ALUMINUM BOAT LIFT,ALUMINUM GANGWAY, TIMBER FLOATING PIER AND TWO JET SKI FLOATS APPAL BAY FOR: MARIUS&CYNTHIA VASSILIOU SITK SOLUTIONS 2941 SAND BEND ROAD P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 79 VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG.45 DECEMBER 17, 202S PAGE 1 OF 2 (757)575-3715 Docusign Envelope ID:8FF156FC-3B4B-83C2-8115-58B9E1D4F4D5 VASSILIOU ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARYSURVEY. 2 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. n� PIER DETAIL 1"--30' PROPOSED(4)TIMBER z M.B.67 PG.45 PILE ALUMINUM w w z MILL POND ,--------. w BOAT LIFT o a w tz M.B.67 PG.45 G _ N w w --EBB 14' 14' a z � � E LOOD—� 0 12v, o zQ ': tz CO v CANAL 10' O z 46.6' oo `� N OTYOFVIRGINIABEACH J LL Q a, GPIN:2433 33 0267 ir? M.B.67,PG.45 rn to PROPOSED TIMBER FLOATING PIER m N 10'34'00'W WITH ALUMINUM GANGWAY 1 100.00 10.0'TO PL 43.7'TO PL MEAN LOW WATER _.. .._. EX.RIPRAP PROPOSED TIMBER 1 ' I MEAN HIGH WATER EXISTING EX.BULKHEAD PIER ADDITION; i PROPOSED TIMBER PIER 1 ; JET SKI FLOATS 1 1 LOT 78 0l i POOL i I o LOT 80 NOW OR FORMERLY �' la: '� NOW OR FORMERLY JOHN F.&ELIZABETH M.LEPINE ' I it, 1 I— IMAGE HOME DEVELOPMENT LLC GPIN:2433-33-2328 im i ' GPIN:2433-33-1547 INST: 200404090056388 3I I3 INST: 202403017117 M.B.67,PG.45 N' 1w 1 'N M.B.67,PG.45 I 1 ^� j W LOT 79 j E NOW OR FORMERLY I 14 MARIUS&CYNTHIA VASSILIOU 1 GPIN:2433-33-1477 i 0 INST. 202503033062 ; O 1w M.B.67,PG.45 I I +O �✓�Z _z GREGORY 0. MILSTEAD�• ID I � • • `n i i3O Lic. No. 047323 P(F)' i 'P(F) �O� 8/4/2026 i ---860'TO N 10°34'00'W 100.00' •0��IONALE�� BACK BAY CRES PROPOSED SAND BEND ROAD IMPROVEMENTS 50'RIGHT-OF-WAY 0 40 80 M.B.67,PG.45 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER SCALE:1"=40' PIER, EXISTING RIP RAP REVETMENT AND A PROPOSED PIER ADDITION, FOUR TIMBER PILEALUMINUM BOAT LIFT, ALUMINUM GANGWAY, TIMBER FLOATING PIER AND TWO JET SKI FLOATS CUSAPI�AAKP BAY FOR: MARIUS&CYNTHIA VASSILIOU SITE SOLUTIONS 2941 SAND BEND ROAD P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 79 VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG.45 DECEMBER 17,2025 PAGE 2 OF 2 (757)575-3715 Docusign Envelope ID:F261FA79-CB38-429C-B385-818024CAEB7B Vassitiou Encroachment Photo Exhibit .C. .. a . Sl�i .. •V - a. 1��. , e.,..•tom A � 3. a`. ,5. . ,F�. View looking West showing existing pier. A 1� t -- View looking South Docusign Envelope ID:F261FA79-CB38.429C-B385.818024CAEB7B Vassiliou Encroachment Photo Exhibit DWI- I • View looking North IAN r s a 1 s ' F Aerial View I` w r, s ,µ u ,vxk.��wL,• ' �I 5' PUBLIC'DRAINAGE AND UTILITY EASEMENT t wpp N a 0 � 1 s r ^o- I LOCATION MAP ENCROACHMENT REQUEST FOR Legend CYNTHIAAND MARIUS VASSILIOU 2941 SAND BEND ROAD L 2433-33-1477 GPIN: 2433-33-1477 0 50 100 City Property L I I Feet NOBY-\pG� N RD E N , �Z s SITE -- �O T PUBLIC DRAINAGE AND UTILITY EASEMENT � O � Z �k5s <Gv0N. 2Q33 33 LOCATION MAP ENCROACHMENT REQUEST FOR Legend CYNTHIAAND MARIUS VASSILIOU 2941 SAND BEND ROAD 2433-33-1477 GPIN: 2433-33-1477 0 50 100 City Property I I I Feet A I � Docusign Envelope ID:F261FA79-C838.429C-8385.818024CAEB7B CIfY OF VIRGINIA Disclosure V—S, BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: Marius&Cynthia Vassiliou as listed on application Is Applicant also the Owner of the subject property? YesO Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO Noo If yes, name Representative: Waterfront Consulting, Inc, Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? Yes0No0 if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes() No If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing (mortgage, deeds of trust, O O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 Docusign Envelope ID:F261FA79-CB38-429C-B385-818024CAEB7B SECTIONAPPLICANT DISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation O O None Architect/Designer/Landscape 0 Q Architect/Land Planner Construction Contractor 0 Waterfront Consulting,Inc. ent Surve or En ineer A g / Y / g Gregory 0.Milstead,P.E.of Chesapeake Bay Site Solutions Legal Services 0 APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. Signed by: Marius&Cynthia Vassiliou �t�iuta UaSSi�ietti 2/20/2026 f5301�8/45... Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the 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): ��Risro>�4ek 0 CA� I Staff Name (Print) Staff Ignature 6ate Disclosure Statement I rev. M a y-2024 page 2 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City- owned 20' and 30' public drainage and utility easements, located at 1288 Holly Point Road MEETING DATE: November 10, 2026 ■ Background: Andris Jankevics and Natalia Kaylin (the "Applicants") have requested permission to maintain existing encroachments consisting of a timber bulkhead, four (4) 8' timber piles, a 48" metal fence, a portion of a pool house, a woodshed, a brick patio, and to construct and maintain a proposed wood deck and boat lift utilizing existing piles (collectively, the "Temporary Encroachments") within the City's 20' and 30' public drainage and utility easements, located at 1288 Holly Point Road (GP I N: 1498-75-2807). ■ Considerations: City Staff reviewed the Temporary Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. If approved, the Applicants will be required to comply with the City's zoning regulations. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: fiy 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF THE CITY-OWNED 20' 6 AND 30' PUBLIC DRAINAGE AND 7 UTILITY EASEMENTS, LOCATED AT 8 1288 HOLLY POINT ROAD 9 10 WHEREAS, Andris Jankevics and Natalia Kaylin (the "Applicants") have 11 requested permission to maintain existing encroachments consisting of 41.75± linear feet 12 timber bulkhead, four (4) 8' timber piles, a 187.56± linear foot 48" metal fence, an 8.02' x 13 6.43±' portion of a pool house, an 8.21' x 12.2' woodshed, a 20.98' x 5.89±' sq. ft. brick 14 patio, and to construct and maintain a proposed 4' x 10.61' wood deck and a 12' x 11.5' 15 boat lift utilizing existing piles within the City-owned 20' and 30' public drainage and utility 16 easements located at 1288 Holly Point Road (collectively, the "Temporary 17 Encroachments"); and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's easements subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 28 assigns and successors in title are authorized to construct and maintain the Temporary 29 Encroachments as shown on the map entitled: "EXHIBIT A ENCROACHMENT EXHIBIT 30 SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD 31 SHED, & BRICK PATIO AND PROPOSED WOOD DECK & BOAT LIFT FOR ANDRIS 32 JANKEVICS & NATALIA KAYLIN I.N. 202503020258 LOCATED ON LOT 10, ROSE HALL 33 SHORES M.B. 89, PG. 54 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated 34 June 4, 2026 and revised through August 11, 2026, prepared by Gallup Surveyors & 35 Engineers, a copy of which is attached hereto as Exhibit A and on file in the Department of 36 Public Works and to which reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 39 expressly subject to those terms, conditions and criteria contained in the agreement 40 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 41 copy of which has been presented to the Council in its agenda, and will be recorded among 42 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 1 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Applicants and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of 2026. CA17179 R-1 Prepared: 10/27/26 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BL C WORK , REAL ESTATE BRI156ET L. HENZEL ASSISTANT CITY ATTORNEY 2 EX. TIMBER PILE 0' PUB�1C SEMEN TYPICAL DRPINPCE2& PG. 54 1 g2�6��1 M•B' rE �4'3 EX 9 N3og" RCP TIMBER CD�� BULKHEAD Q .O/ J LOT 10 M.B. 89, PG. 54 GPIN: 1498-75-2807VL CV •— U = CQ D7 r Q O p wcr, oN0 V t N uj �tiALTH OF v 0� �l 0- 3 CONCRETE co a N DRNEWAY CO v qDA� n� Uv o mi . c.No. 38395 20' PUBLIC DRAINAGE �SSjONAL ECG` & UTILITY EASEMENT M.B. 89, PG. 54 o S44'07'39"W 1 14.22' 0 40 80 � w SEE SHEET 8 FOR NOTES & EXHIBIT A ADJACENT OWNER DATA. ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: Existing Sheet: 1 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: 1"=40' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA H'.Vankevi['s.And,,,&Uylin.Natalie 128 Holly Pant Road-lob#25.48\DraN ,\25.48 E--h-t Erhibitdwg.9/10/2026 1a5621 AM.1.1 o m BACK NECK o of bi m COVE r O h EX. BULKHEAD U DA �R UTLER I. Qp• (OTHERS) Y y, c.No. 38395 'S6 � 5 �'w m• �ssf ONA L E �. APPROXIMATE MLW=(-1.3) 2 �g r- ;n N 0 cD w i� CD F— G a z QO60F, N :;�z w � w o v' 0 k�'QG• J d- c� `g` � 00 �a RGP 04 / LOT 10 / APPROXIMATE M.B. 89, PG. 54 MHW=0.4 ALONG GPIN: 1498-75-2807 1 EX. BULKHEAD 18.42' 0 6 12 EX. TIMBER BULKHEAD `r EXHIBIT A SEE SHEET 8 FOR NOTES & ENCROACHMENT EXHIBIT SHOWING ADJACENT OWNER DATA. EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: BULKHEAD Sheet: 2 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: 111=6' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON ki 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W)-k......And,,,L K ylin,Nadal,12W Holly Point RmC-lob•25-4\D—.qs\25-d E—cb—t Exhibitdwg.9/10/202610.5621 AM.1.1 ��VNLTH o f o t o m BACK NECK 0 of Lu m COVE EX. BULKHEAD U DA B UTLER Q� �(OTHERS) Qj— ``I c.No. 38395 T �6 q000 ,�g2 5 810NAL rn 3 APPROXIMATE c MLW=(-1.3) 2 � N M 1 CO) �Ch --4.00'I I N N tq 06 O T W G _ < Z LLJ LLJ W cn PROPOSED 4'x20' N m �7- cr WOOD DECK 00 � m / LOT 10 / APPROXIMATE M.B. 89, PG. 54 MHW=0.4 ALONG GPIN: 1498-75-2807 i EX. BULKHEAD 0 6 12 EX. TIMBER 7 BULKHEAD SEE SHEET 8 FOR NOTES & EXHIBIT A ADJACENT OWNER DATA. ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: WOOD DECK Sheet: 3 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4 2026 DECK & BOAT LIFT Scale: 1"=6' Job: 25-48 , FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W V-ke i,,.And,,,&"ylin,Nata11-12M Holly Point Road-lob k25 M Encroachment&hibltdvg.9/10/2026105621 AM,1:1 o m BACK NECK 6 {�0 f o Li LL m COVELL- 59 ELL X. BULKHEAD U DA �� UTLER Y Qom' (OTHERS), `I c.No.38395 �39� P �► ��26 �`� w°j' 5' O in NAL APPROXIMATE MLW=(-1.3) cV CDO to LO w C M M c� `c� � Q ow � cn (D :DJ00 d � CQ o0 o m 12.00' 5.08' ) / LOT 10 APPROXIMATE M.B. 89, PG. 54 MHW=0.4 ALONG PROPOSED GPIN: 1498-75-2807 12'x11.5' BOAT LIFT EX. BULKHEAD UTILIZING X. PILES 0 6 12 EX. TIMBER BULKHEAD m SEE SHEET 8 FOR NOTES & EXHIBIT A ADJACENT OWNER DATA. ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: BOAT LIFT Sheet: 4 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: 111=6' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA �..,lan 1,11,Andris d Kaylin.Nata1,-12M Holly Point Road Job♦25 MT—ngs\25-0 Encroachment Exhibitdwg.9/10/202610.56:22 AM.11 I L=HH=U I n E H I no = BRIC-K J J `� N PATIO 1 En=lli IIIH POOL HOUSE m 1.,32, C _ N O 49, h. N �6' �? C� I L ?'90' o M o �J CO 1� v, m• M N � N 5.89' 9.24 1.26' G! DAPf��-.`BUTLER G' �lK � Q ` c.No. 38395 C 05 0 0 6 12 �. NAL C / ll EXHIBIT A SEE SHEET 8 FOR NOTES & ENCROACHMENT EXHIBIT SHOWING ADJACENT OWNER DATA. EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: POOL HOUSE& BR. PATIO Sheet: 5 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4 2026 DECK & BOAT LIFT Scale: 1"=6' Job: 25-48 , FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLU P I.N. 202503020258 SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA sY'Vanke k,And is&Kaylin,N-ia 128 Nolly Point Road-Job♦25 de,Dr—gs,25-d Encroachment Uhibit dM 911 012 0 2 6 IO56'22 AM.1.1 tNLTIi NF Lf u DAB UTLER c.No. 38395 �. LOT 10 � M.B. 89, PG. 54 GPIN: 1498-75-2807 �SSIONAL ECG` 20' PUBLIC DRAINAGE & UTILITY EASEMENT TO INTERSECTION M.B. 89, PG. 54 OF EASEMENT 46.48' 12.20' 42.94'--V--j 12.20' FT tp C! WOOD SHED 04 00 0 ti 12.20' --'�—46.24' 12.20' 55.78'—/\,-� S44'07'39"W _�0 114.22' N N 0 6 12 EXHIBIT A SEE SHEET 8 FOR NOTES & ENCROACHMENT EXHIBIT SHOWING ADJACENT OWNER DATA. EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: WOOD SHED Sheet: 6 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: 1"=6' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W Vanter,And,,&Uylin,Wta,12M Holly Point Road-lob x25-48\D—,g,\25-48 Encroachment ExhNtdw9.9/10/2026105622 AM.I ,NLTI1O� 0 25 50 cCO O �f � �r �1.pg, u DA ,� v 54•17, / ``I cR. UTLER.No. 38395 �y ONAL \, c� a- N N Oo 47.62' " 00 LOT 10 C6 M.B. 89, PG. 54 d GPIN: 1498-75-2807 EX. 48" METAL FENCE � 20' PUBLIC DRAINAGE cGO N & UTILITY EASEMENT N M.B. 89, PG. 54 6 pp' LO I co Z x N 5.84' 52.73' 15.65' o X X S44'07'39"W 114.22' \��1 0o O � LLJ ai SEE SHEET 8 FOR NOTES & EXHIBIT A ADJACENT OWNER DATA. ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name. METAL FENCE Sheet: 7 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: 1"=25' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:Van—ics 126 Nally Point Road-lob+'25-48\Drarvings\25-48 Encroachment Ezhibietrry.9/10/202610,56'22AM.1'.1 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. XLTg O�G 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. `�� 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: GORDON LAND SURVEYING, PLLC DATED: MAY 17, 2025 O 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF U DA �, UTLER RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. �I c.No. 38395 5. THE EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. '� ��SIONAL ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN REN CHEN I.N. 202603028202 LOT 11, ROSE M.B. 89, 1498-76-0050 HALL SHORES PG. 54 BRADLEY ALAN JONES AND LAURA MILES I.N. 202303037596 LOT 8, ROSE HALL M.B. 89, 1498-76-2152 JONES JOINT SHORES PG. 54 REVOCABLE TRUST ROBERT LEE CRAWFORD D.B. 3305, PG. 2018 LOT 9, ROSE HALL I M.B. 89, 1498-75-3927 SHORES PG. 54 PUMP STATION 89, CITY OF VIRGINIA BEACH D.B. 1405, PG. 679 SITE, ROSE HALL tM.B.PG 54 54 1498-75-3845 SHORES NOAH M. HILL & PARCEL A & B & M.B. 89, CULLEN J. HILL I.N. 20150507000412900 30 FT RD, ROSE PG. 54 1498-75-3758 HALL SHORES EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: NOTES Sheet: 8 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: N/A Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLU P I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA WV—,—,An&,1 Aay0 Nata11-12M H.I y Paint Nwd lob s25 48\Drawings\25 Eah,bitdvg,9/10/2026105622 AM.I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of �� 2026, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ANDRIS JANKEVICS and NATALIA KAYLIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "10" as shown on that certain plat entitled: "SUBDIVISION OF ROSE HALL SHORES LYNNHAVEN BOROUGH — VIRGINIA BEACH VIRGINIA," Scale: 1" =100', dated November 1971, prepared by Marsh and Basgier, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 89, at page 54, and being further designated, known, and described as 1288 Holly Point Road, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to maintain an existing 41.75± linear feet timber bulkhead, four (4) 8' timber piles, a 187.56+/- linear foot 48" metal fence, an 8.02' x 6.43±' portion of the pool house, an 8.21' x 12.2' woodshed, a 20.98' x 5.89±' sq. ft. brick patio, and to construct and maintain a proposed 4' x 10.61' wood deck and a 12' x 11.5' boat lift utilizing the existing piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1498-95-2807 (1288 Holly Point Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City- owned 20' and 30' public drainage and utility easements located on Grantee's property, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat consisting of (8) eight sheets entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & BRICK PATIO AND PROPOSED WOOD DECK & BOAT LIFT FOR ANDRIS JANKEVICS & NATALIA KAYLIN I.N. 202503020258 LOCATED ON LOT 10, ROSE HALL SHORES M.B. 89, PG. 54 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated June 4, 2026 and revised through August 11, 2026, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities on the City's easements, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 188 Holly Road, Virginia Beach, Virginia. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or 4 termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities, the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment, and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 5 IN WITNESS WHEREOF, Andris Jankevics and Natalia Kaylin, husband and wife, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit.- The foregoing instrument was acknowledged before me this day of , 2026, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 ANDRIS JA EVICS NATALIA KAYLIN STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2026, by Andris Jankevics and Natalia Kaylin. flk&u 60� (SEAL) otary Public Notary Registration Number: 0 C)q S-T 0 ZC LEI ��a� TOMMIE NICOLE BOYD My Commission Expires: NOTARY PUBLIC AEG.OBM59 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 28.2027 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BL C WOR — REAL ESTATE BRIDGET L. ENZEL ASSISTANT CITY ATTORNEY 8 EX. TIMBER PILE TYPICALomov 2p, Pt)8�1C SEMENS ��1 P 54 pRPINA M B g9, PG �92 36 Np3 4'39~E r'XAB . ° „ RCp TIMBER �1 BULKHEAD J LOT 10 M.B. 89, PG. 54 v G P I N: 1498-75-2807 „ h� VL o rn z Q� Q r w Owe V V) o LLJ VNLTIIO M o F Gr 0 o a 3 CONCRETE,::;:';:r t N 01-DR.I.VEWNY 00 DA W4 UTLER J m � o '��` J Ic.No. 38395 o � �,26 w� = z 20' PUBLIC DRAINAGE SIONAL E"G� & UTILITY EASEMENT M.B. 89, PG. 54 o \� � � 1 o o i S4407'39"W 1 14.22' 0 40 80 SEE SHEET 8 FOR NOTES & EXHIBIT A ADJACENT OWNER DATA. ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: Existing Sheet: 1 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: 1"=40' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:Vank°ics,And ris&Uylin,Nata1ia-1288 Holly Polnt R.d-lob M25A8\0—ngs\25-8 Encroachment bbibiLdwg,9/10/2026 1056:21 AM,1:1 `��ALT H�FG o m BACK NECK / o r o m COVE d& O EX. BULKHEAD u DA �R UTLER Qom' (OTHERS) `I` c.No. 38395000 �SSIONA L APPROXIMATE MLW=(-1.3) 2 cV 0 CO \G M < z Ld � w � 4- S2 o g• (0 » PO 0) � � � m / LOT 10 APPROXIMATE M.B. 89, PG. 54 MHW=0.4 ALONG GPIN: 1498-75-2807 EX. BULKHEAD 0 6 12 EX. TIMBER 18•42' BULKHEAD SEE SHEET 8 FOR NOTES & EXHIBIT A ADJACENT OWNER DATA. ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: BULKHEAD Sheet: 2 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: 1"=6' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W.Vankevlcs.Andris&Kaylin,Natalia-12R6 Holly Point Road lob 025d6\Drawings\25- Encroachment Exhibitdwg,9110/202610.56:21 AM,1:1 o �ALTHopGr o m BACK NECK of w COVE 4p ELL X. BULKHEAD u DARE UTLER Qom' (OTHERS) ti�16 `I c.No. 38395000 ''j S10NAL V, �� Cs 3 _ APPROXIMATE � N M 1 "' 4.00' ti N r N CO 00 O w w w PROPOSED 4'x20' N m �0 WOOD DECK M 00 � m / LOT 10 APPROXIMATE M.B. 89, PG. 54 MHW=0.4 ALONG GPIN: 1498-75-2807 EX. BULKHEAD 0 6 12 EX. TIMBER BULKHEAD SEE SHEET 8 FOR NOTES & EXHIBIT A ADJACENT OWNER DATA. ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: WOOD DECK Sheet: 3 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: 1"=6' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:Vank,k,,And,m&Kaylin,Natalia-12M Wily Point Road-Job M25AS\Drawings\25AB En—uh—t bhib,Ldwg,911012 02 6 10.5621 AM.1:1 ��EALTh o�� o m BACK NECK 6 r \ �o � Lu w COVE 5g EX. BULKHEAD u DARE UTLER D. Qom• (OTHERS), c.No. 38395 .A,�g,L^j` Ai o00 i6 �s`sIONAL E�G1 `� in APPROXIMATE I r oo MLW=(-1.3) 0 r, ,fig — b 04 O O LO to w O Qve� W LO L c� 0 �'QG• d- c� a m cr g. cD � J00 GQ 00 ' m 12.00'/ 5.08' � � LOT 10 M.B. 89, PG. 54 APPROXIMATE PROPOSED MHW=0.4 ALONG 12'x11.5' BOAT LIFT GPIN: 1498-75-2807 L EX. BULKHEAD UTILIZING EX. PILES 0 6 12 EX. TIMBER BULKHEAD `: SEE SHEET 8 FOR NOTES & EXHIBIT A ENCROACHMENT EXHIBIT SHOWING ADJACENT OWNER DATA. EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: BOAT LIFT Sheet: 4 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: 1"=6' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLU P I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W.Vanke i,.A,d,i,&Kayli,,Natalia-1206 Holly Point Road-)ob•25-06\Drawings\2 A8 Encroachment Uhib,Ldwg,9/10/2026 19,5622 AM,1:1 IDno00o�00 J� BRICK-J� N PATIO a CO 0 POOL J� HOUSE `r 1.32' c w 10• v`O N 49, h' cv a 11 16' 0 2.90, OJ CO H E CO CV �N 5.89, 9.24' v ALTH of 1.26. Gf DA -"BUTLER G' Q `I c.No. 38395 CIS ,26 � ��sSjONAL ��G1� 0 6 12 �. EXHIBIT A SEE SHEET 8 FOR NOTES & ENCROACHMENT EXHIBIT SHOWING ADJACENT OWNER DATA. EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & 1ca t Name: POOL HOUSE& BR. PATIO Sheet: 5 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT le1"=6tJob: 25-48 FOR REV: AUGUST 11, 2026ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W Vankevics,gndiis&Kaylin,Nays l'ia-128B Holly Point Pond-lob x26J8\Drawings\25J8 Encroachment Evhibitdvq,9/10/2026 106622 qM,1:1 vALTH o f Gl o h O � Q�' v DA lWR- UTLER `I c.No. 38395 �. LOT 10 � M.B. 89, PG. 54 GPIN: 1498-75-2807 �SSIONAL ti�G� 20' PUBLIC DRAINAGE & UTILITY EASEMENT TO INTERSECTION M.B. 89, PG. 54 OF EASEMENT ��—46.48' 12.20' -I---42.94'-V-- i 12.20' c.p C! WOOD SHED IN r- 12.20' 46.24' 12.20' 55.78'--A -i S44'07'39"W b b 114.22' N N 0 6 12 SEE SHEET 8 FOR NOTES & EXHIBIT A ADJACENT OWNER DATA. ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & 1 Sheet Name: WOOD SHED Sheet: 6 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Scale: 111=6' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:Uank,,i,,And,is&Kaylin,NaWia-12M Holly Point Road-lob M2548\Drawings\2546 Encroachment Exhibildwg,9/10/202610:56:22 AM,1:1 SLTHOFG 0 25 50 c� u DARE UTLER `I c.No.38395 - SSIONAL E� o o N cv �ELI�j o a 47.62'— -{ x 00 LOT 10 x - 0' M.B. 89, PG. 54 Mg O GPIN: 1498-75-2807 EX. 48" METAL FENCE ,N �O 00 20' PUBLIC DRAINAGE c� N & UTILITY EASEMENT co N M.B. 89, PG. 54 6.00' bn � I - �k co Z x �V 5.84 52.73' 15.65' o x x � cy- z f 17, S44'07'39"W 114.22' 000 EXHIBIT A SEE SHEET 8 FOR NOTES & ENCROACHMENT EXHIBIT SHOWING ADJACENT OWNER DATA. EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: METAL FENCE Sheet: 7 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4, 2026 DECK & BOAT LIFT Ln Scale: 1"=25' Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W'Vankevi.,Anddm h"ylin,Natalia-126R ftl Point Road-lob N25d6\D—ings\25-46 Encroachment EahibiLdwg,9110120261A56:22 AM,1:1 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. ALTH 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. �`�v Ow 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: O GORDON LAND SURVEYING, PLLC G' DATED: MAY 17, 2025 p ,� 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF U DA �R UTLER RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. �I c.No. 38395 5. THE EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON 5,�,26�w� AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. t' �sSIONAL E��1 ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN REN CHEN I.N. 202603028202 LOT 11, ROSE M.B. 89, 1498-76-0050 HALL SHORES PG. 54 BRADLEY ALAN JONES AND LAURA MILES I N. 202303037596 LOT 8, ROSE HALL M.B. 89, 1498-76-2152 JONES JOINT . . SHORES PG. 54 REVOCABLE TRUST _ ROBERT LEE CRAWFORD D.B. 3305, PG. 2018 LOT 9, ROSE HALL M.B. 89, 1498-75-3927 SHORES PG. 54 PUMP STATION M.B. 89, CITY OF VIRGINIA BEACH D.B. 1405, PG. 679 SITE, ROSE HALL PG. 54 1498-75-3845 SHORES NOAH M. HILL & PARCEL A & B & M.B. 89, 5 CULLEN J. HILL I.N. 20150507000412900 30 FT RD, ROSE PG. 54 1498-75-3758 HALL SHORES EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD BULKHEAD, METAL FENCE, POOL HOUSE, WOOD SHED, & Sheet Name: NOTES Sheet: 8 of 8 BRICK PATIO AND PROPOSED WOOD Date: JUNE 4 2026 DECK & BOAT LIFT , Scale: N/A Job: 25-48 FOR REV: AUGUST 11, 2026 ANDRIS JANKEVICS & NATALIA KAYLIN GALLUP I.N. 202503020258 SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 10, ROSE HALL SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 89, PG. 54 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:Vank,vics,Andris h Kaylin,Nata1ia-1288 Holly Point Ro d-lob a25A8\Drawings\25-48 Enc—h.—E hibitdw,9/10/202610.56:22 AM,1:1 p j vi3Z7 o IN w. R a .r fr r a, 9 en 4 F, S; UTILITIES DRAINAGElEASEMENT `r ,n LOCATION MAP ENCROAC REQUEST HMENT Legend FOR •,. WHARF AND BOAT LIFT IMPROVEMENTS PROPERTY OWNER: SALLY FERGUSON 2433-22-4895 GPI N: 2433-22-4895 CITY PROPERTY 0 75 150 Feet iepa! V . - .'tn4�urveV ureau' rVCVS Is roiects.Real LstateAoenda NUDsA260183 GPIN 2433-22-4895V433-227n7&—n—a7ai),—x 'NIMMO N # 1I/ 1.7 L SANDBRIDDE I/ z 4 ui �' a U, Lu �( �flo z o SITE r r r , r , r , r r r � r 5' UTILITIES & 'F�, r DRAINAGE EASEMENT V LOCATION MAP ENCROACHMENT REQUEST Legend FOR WHARF AND BOAT LIFT IMPROVEMENTS PROPERTY OWNER: SALLY FERGUSON 2433-22-4895 GPIN: 2433-22-4895 F CITY PROPERTY 0 75 150 Feet fepa!ed Bv MAIAPWEnq urveyBureaLl 5- J- _ urvevsl C 1s ProjectsReal Estate'AQenda Maos260183 GPIN 2433-22-48951, -22-4895 apr% I,�! w- t • +i(y,t - J. w. 1...Y _ T s'� .3 .t \ - �. °It;wv,. 5 � ,s",'L a`i. yf• } �fr 5�. .�.i� y�•. f . - 1� �' fit,• 4M �-�. f '�, `' F-' #x:. "S ..�����.." `ram 9 r � �'£ t+• , r t L r � Y = ar t �f- �b IS s. '_ ,sue.. v "�':7 I t• ��' I •,r�i gyp, x :T: r ��• ,� V.K. t s y t C � 44' S 'i �. .; � •...' kw.'- �' � �r -` :fie ,,T' e`.. - - ,a�' �sr -_.�r�. �,rA ! xra�e;i ',� wt-y TtM �+-� �� � � :x � � x.. r,,, 'i •xt tea' r ..a�� .'"' "1' ��'. 'tl _i • d . �h. L � 9 3� a i k - .. - ,ta+•-.-w,y�a,��wr!!•.:+�,.. a:p, ,-ter ., ... a„ :: �� � iN °"��`�^•.�.. i .. L �', ' t4 ,. r..,,C. n Y.Thfir' >. k zr,;G• t .s.. "r ri` ...""". t „,' a'v '^ws} �' c xe i CITY OF Disclosure VB VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Andris Jankevics & Natalia Kaylin Is Applicant also the Owner of the subject property? Yese Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso Noe If yes, name Representative: Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? Yes©No(F) If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noq) If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation O 0 Cara Hall Architect/Designer/Landscape O 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0 David Butler Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Andris Jankevics & Natalia Kaylin Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. z "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Andris Jankevics & Natalia Kaylin Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? YesQNoe If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso Noe If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 Noe If yes, name the official or employee, and describe the nature of their interest. F_ PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O Q cross-collateralization, etc.) Real Estate Broker/Agent/Realtor © @ Cara Hall Accounting/Tax Return Preparation e Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent (2) 0 David Butler Legal Services 0 G) PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Andris Jankevics & Natalia Kaylin � C o o� Property Owner Name (Print) Pr perty Owner Signature D6te Disclosure Statement I rev. M ay-2024 page 3 of 3 ;rr"^•, i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Whitney W. Elliott for the Closure of One-half of an Unimproved, Unnamed Alley Adjacent to the Rear of 218 55th Street, Unit B MEETING DATE: November 10, 2026 ■ Background: On November 14, 2023, by Ordinance ORD-3753Q, City Council approved the request by Whitney W. Elliott (the "Applicant") to close approximately 375 square feet of an unimproved, unnamed alley (the "Right-of-Way") adjacent to the rear of her property located at 218 55th Street, Unit B, for the purpose of incorporating the closed area into her adjoining property. ■ Considerations: There were four (4) conditions to the approval of the street closure- 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining 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 street to the City of Virginia Beach, subject to approval of the Department of Public Works, and the City Attorney's Office, which easements shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the Right-of-Way proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia shall be provided. Additionally, the Applicant shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the Whitney W. Elliott Page 2 of 2 conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right- of-Way, this approval shall be considered null and void. On October 8, 2024, and September 24, 2025, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3753Q. Staff concluded that the request for additional time was reasonable, and City Council, by Ordinances ORD-3789F and ORD-3831 E, approved the extensions until November 13, 2026. The Applicant's subdivision plat has been submitted for review but has not yet received approval by the Planning Department; therefore, it will not be ready to record prior to the deadline to meet the conditions. On October 9, 2026, the Applicant requested additional time to satisfy the conditions and staff concluded that the request for additional six-month extension of time is reasonable. ■ Recommendation: Allow an extension of six (6) months for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department Olt City Manager:09 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF WHITNEY W. ELLIOTT FOR THE 4 CLOSURE OF ONE-HALF OF AN 5 UNIMPROVED, UNNAMED ALLEY ADJACENT 6 TO THE REAR OF 218 55T" STREET, UNIT B 7 8 WHEREAS, on November 14, 2023, the Council of the City of Virginia Beach 9 acted upon the application of Whitney W. Elliott (the "Applicant") for the closure of one- 10 half of an unimproved, unnamed alley adjacent to the rear of 218 55t" Street, Unit B; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3753Q) to close, 13 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 14 conditions being met on or before November 13, 2024; 15 16 WHEREAS, on October 8, 2024, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action and, by Ordinance adopted 18 on November 12, 2024 (ORD-3789F), City Council approved the extension until 19 November 13, 2025; 20 21 WHEREAS, on September 24, 2025, the Applicant requested an extension of 22 time to satisfy the conditions to the aforesaid street closure action and, by Ordinance 23 adopted on October 21, 2025 (ORD-3831 E), City Council approved the extension until 24 November 13, 2026; and 25 26 WHEREAS, on October 9, 2026, the Applicant requested an additional six-month 27 extension of time to satisfy the conditions to the aforesaid street closure action. 28 29 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 30 Beach, Virginia: 31 32 That the date for meeting conditions of closure as stated in the Ordinance 33 adopted on November 14, 2023 (ORD-3753Q), upon application of Whitney W. Elliott, is 34 extended to May 13, 2027. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 37 of , 2026. 38 39 No GPIN assigned (City Right-of-Way) 40 Adjacent to GPIN: 2419-70-6052-0002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _ Planning Department City Attorney CA17355 4f R5R(NE) tCeet \ RS,R(IV E) 5th S 5 ' 55th Street" 01\ R5R-N.E) , \ R5,R(N , s , 1 5 5tvee�' �th R5�R(NE�f Site N Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll w. Property Polygons Zoning 50' by 15' portion of an unimproved alley between Lots 12 & 21 , s Building Block 11 , Ubermeer Subdivision Feet 01020 40 60 80 100 120 Disclosure Disclosure Statement Yi.tnning tx Community The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Whitney W.Elliott Daes the applicant have a representative? M Yes ❑No • if yes,list the name of the representative. R_Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? El Yes FK No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. ' Affiliated business entity relationship'means'a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity Is also a controlling owner In the other entity,or(iii)there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. Rrv�srd}1 1r11�rDC1 1 i I';,p r Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 8 Disclosure Disclosure Statement X ID VJO Planning&C<nnnnulitc Ikrveitlpmm�t r Known Interest by Public Official or Employee Does an official oremployee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes Ili No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-col lateraliratlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes O No • If yes,identify the financial institutions providing the service, MERS,Inc. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes N No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?O Yes W No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?O Yes V No • If yes,identify the firm and individual providing the service, S. Is there any other pending or proposed purchaser of the subject properly?O Yes R No • If yes,identify the purchaser and purchasers service providers. R,wstd11GY7020 2 11 Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 9 Disclosure Fl DiSCIOSure Statement a_ Pii nnin{;t:f'c.7nnlrlDA? (>.ulujrlrr lit 6. Does the applic and have a consiructlon contractor in connection with the subject of the aPPhea I'm or any bus ir,ess operatms a to be operated on the property?❑Yes N No It yes,ideri ify the company and individual providing the se—e. 7. Does the applicant have an en;Irxer/surveya/went in connection with the subject of the appbcatlon or any business opetating or to be operated on the property?OR Yes ❑No . If yes,identify the firm and individual providing the se—ct. Jeffrey D.Williams,Rouse-Siiine Associates,lid. S. Is the applicant receiving sepal services in connecion with the subject of she application or any business operating or to be operated on the property?0 Yes O No . 11 yes,identify the Firm and individual providing the service. R.Edward Bourdon,lr.,Esq.,Sykes,Bourdon,Ahern b levy,P.C. Applicant Signature I certify that a1I or the information contained in this D'sciosure Statement 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 tyro weeks Prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public bo y or commit) in connection with this application, Appilw is st, afar Whitney W.Elliott Print flame an Title � �ti3 Date Is the applicant also the owner of the subject Property? JK yes ❑NO a It yes,you do not need to fill out the owner disclosure statement. a• a ® • �� 11a�iMt �.et� .�._.___._ , 1t� Ne.harvt..rsl C. t—u Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 10 t'J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Matthew E. Mancoll and Robin A. Mancoll for the Closure of an Unimproved, Unnamed Alley Adjacent to the Rear of 219 54th Street MEETING DATE: November 10, 2026 ■ Background: On November 14, 2023, by Ordinance ORD-3753P, City Council approved the request by Matthew E. Mancoll and Robin A. Mancoll (the "Applicants") to close approximately 375 square feet of an unimproved, unnamed alley (the "Right-of- Way") adjacent to the rear of their property located at 219 54th Street, for the purpose of incorporating the closed area into their adjoining property. ■ Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The 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 street to the City of Virginia Beach, subject to approval of the Department of Public Works, and the City Attorney's Office, which easements shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the Right-of-Way proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia shall be provided. Additionally, the Applicants shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the Matthew E. Mancoll and Robin A. Mancoll Page 2 of 2 conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right- of-Way, this approval shall be considered null and void. On October 8, 2024, and September 24, 2025, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3753P. Staff concluded that the request for additional time was reasonable, and City Council, by Ordinances ORD-3789E and ORD-3831 C, approved the extensions until November 13, 2026. The Applicant's subdivision plat has been submitted for review but has not yet received approval by the Planning Department; therefore, it will not be ready to record prior to the deadline to meet the conditions. On October 9, 2026, the Applicant requested additional time to satisfy the conditions and staff concluded that the request for additional six-month extension of time is reasonable. ■ Recommendation: Allow an extension of six (6) months for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager:fhr 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF MATTHEW E. MANCOLL AND 4 ROBIN A. MANCOLL FOR THE CLOSURE OF 5 ONE-HALF OF AN UNIMPROVED, UNNAMED 6 ALLEY ADJACENT TO THE REAR OF 219 7 54TH STREET 8 9 WHEREAS, on November 14, 2023, the Council of the City of Virginia Beach 10 acted upon the application of Matthew E. Mancoll and Robin A. Mancoll (the 11 "Applicants") for the closure of one-half of an unimproved, unnamed alley adjacent to 12 the rear of 219 54th Street; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3753P) to close 15 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 16 conditions being met on or before November 13, 2024; 17 18 WHEREAS, on October 8, 2024, the Applicants requested an extension of time 19 to satisfy the conditions to the aforesaid street closure action and, by Ordinance 20 adopted on November 12, 2024 (ORD-3789E), City Council approved the extension 21 until November 13, 2025; 22 23 WHEREAS, on September 24, 2025, the Applicants requested an extension of 24 time to satisfy the conditions to the aforesaid street closure action and, by Ordinance 25 adopted on October 21, 2025 (ORD-3831 C), City Council approved the extension until 26 November 13, 2026; and 27 28 WHEREAS, on October 9, 2026, the Applicants requested an additional six- 29 month extension of time to satisfy the conditions to the aforesaid street closure action. 30 31 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 32 Beach, Virginia: 33 34 That the date for meeting conditions of closure as stated in the Ordinance 35 adopted on November 14, 2023 (ORD-3753P), upon application of Matthew E. Mancoll 36 and Robin A. Mancoll, is extended to May 13, 2027. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 39 of 2026. 40 41 No GPIN assigned (City Right-of-Way) 42 Adjacent to GPIN: 2418-79-6899 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL . , S FFICIENC�Y:a/A ,4� Planning Department City Attorne Y/� CA17197 RS'R'(NE' RSR(NE) StCeet 1 55th 1 �, 5501 Street 01\ N E). 1 \O, '1 R5R .N-E) R5{R(N E � 1 ;, nth Street 5 RS.R(N E) Site Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll w: E Property Polygons Zoning 50' by 15' portion of an unimproved alley between Lots 12 & 219 S Building Block 11 , Ubermeer Subdivision Feet 0 1020 40 60 80 100 120 Disclosure Disclosure Statement • I),�rlllllmtnt - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Matthew E.Mancoll&Robin A.Mancoll Does the applicant have a representative? IN Yes ❑No • lives,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?D Yes IN No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list it necessary) If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA.Code§2.2-3101. 1"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,(A)a controlling owner in one entity Is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. 'ewser•/JU9?020 I I( a P Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item i Page 14 Disclosure Disclosure Statement 10 Planning Co1IlIIIIII ill' ` ik�t�k/pirn:nl 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?0 Yes K No • If yes,what is the name of the official or employee and what Is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,c(oss•collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? N Yes 0 No • If yes,identify the financial institutions providing the service. Mortgage Electronic Registration Systems,Inc.(Tidewater Home Funding,ltC);The Old Point National bank of Phoebus 2 Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? 0 Yes ©No . If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 9 No If yes,Identify the firm and individual providing the service, 4. Does the applicant have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes Ft No . If yes,identify the firm and individual providing the service. S. is there any other pending or proposed purchaser of the subject property?0 Yes IN No If yes,identify the purchaser and purchaser's service providers. 1 1 04?0211 2 11 1 L Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 15 Disclosure Disclosure Statement 13 Hamlin Colmllllnill r t - Ikwr,tJlynivnt 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Jeffrey D.Williams,Rouse-Sirine Associates,Ltd. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?Ali Yes ❑No • if yes,identify the firm and Individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,Cl Wetlands Board or any public body or committee in connection with this application. A�Zl-�4111-1�5r A plicant Slgnature Matthew E.Mancoll Robin A.Mancoll Print Name a99d Title rl7o�� Date Is the applicant also the owner of the subject property? W Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. TOR CITY USE ONLY/All disclosuires must be updated two(2)weeks prior to any Planning Commission and City Council torteetIZI that pertains to the applications, No thrnjer at of O+te 2iJ23.1024 Stinaure �l �� ` +�I3X��j Print Name Hoa N Dao S, c+l.i 09?C20 31: h. Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item i Page 16 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to 1) Accept and Appropriate Funds, 2) Transfer Funds within the Consolidated Grants Fund, and 3) Authorize Local Match Payments to Address the Opioid Epidemic MEETING DATE: November 10, 2026 ■ Background: In 2021, the General Assembly created the Virginia Opioid Abatement Authority (Virginia Code § 2.2-2366) (VOAA) as an independent body whose purpose is to abate and remediate the Opioid epidemic in the Commonwealth through financial support from the Settlement Fund in the form of grants, donations, or other assistance. The financial support from VOAA is specifically for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. Funding is distributed to localities using three primary methods: 1) direct distribution, 2) individual distribution, and 3) collaborative partnerships. In 2024, Virginia Beach became the fiscal agent for a partnership between Virginia Beach, Chesapeake, Norfolk, Portsmouth, Suffolk, and Sentara Healthcare. The partnership utilized an $833,785 grant from the Commonwealth and ongoing local direct distribution settlement funding for the establishment and operation of a Regional Mobile Healthcare Clinic to provide Primary Care and Substance Use Disorder services to several communities. Revenue from the partner localities' contributions totaling $425,224 have not yet been appropriated based on the partner locality shares. The local match is funded through direct distributions from the Virginia Opioid Abatement Authority, which requires a transfer within the Consolidated Grants Special Revenue Fund. ■ Considerations: If approved, the City's $106,306 local match would utilize direct distribution funding from the Virginia Opioid Abatement Authority and not impact the General Fund. ■ Public Information: Normal Agenda Process. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:AV 1 AN ORDINANCE TO 1) ACCEPT AND APPROPRIATE 2 FUNDS, 2) TRANSFER FUNDS WITHIN THE 3 CONSOLIDATED GRANTS FUND, AND 3) AUTHORIZE 4 LOCAL MATCH PAYMENTS TO ADDRESS THE OPIOID 5 EPIDEMIC 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $425,224 is hereby accepted from the Cities of Chesapeake, Norfolk, 11 Portsmouth, and Suffolk, and appropriated, with revenue increased 12 accordingly, to the FY 2026-27 Department of Human Services Operating 13 Budget to bring awareness, resources, and treatment services to address the 14 opioid epidemic in Hampton Roads. 15 16 2. A required local match in the amount of $106,306 is hereby authorized to be 17 provided from the Department of Human Service's Operating Budget for this 18 purpose. 19 20 3. $106,306 is hereby transferred within the Consolidated Grants Special 21 Revenue Fund to the FY 2026-27 Department of Human Services Operating 22 Budget for the local match. 23 24 4. The equipment purchased with these grant funds is not guaranteed to be 25 replaced by 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A Budget an Man t gement Services Ci y' ffice CA17337 R-1 October 28, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management to the Fire Department for Special Operations MEETING DATE: November 10, 2026 ■ Background: The Fire Department receives annual funding from the Virginia Department of Emergency Management through a federal pass-through grant from the United States Department of Homeland Security to support technical rescue response activities. In October 2026, the Fire Department was contacted about accepting the FY 2025 Special Operations Technical Rescue Team Grant in the amount of$62,500. ■ Considerations: FY 2025 Special Operations Technical Rescue Team Grant will be used to purchase rope rescue gear, heavy lifting gear, and structural stabilization equipment. The funding will also be utilized for participation in the Commonwealth's annual Rescue Challenge training event. There is no local match required for this grant. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE FIRE DEPARTMENT FOR 4 SPECIAL OPERATIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $62,500 is hereby accepted from the Virginia Department of Emergency 10 Management and appropriated, with revenue increased accordingly, to the FY 2026-27 11 Operating Budget of the Fire Department to purchase equipment used to support 12 technical rescue response activities and training activities. 13 14 2. Equipment purchased with this grant is not guaranteed to be replaced by the City 15 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services r ey's Office CA17331 R-1 October 28, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support Substance Use Disorder Services MEETING DATE: November 10, 2026 ■ Background: The Behavioral Health Division of the Department of Human Services provides targeted services to address substance use in the community. These support and recovery services provide comprehensive care to help individuals in need. The adopted FY 2026-27 budget included $1,832,861 in revenue from the Commonwealth for this purpose. Additional funds for the grant period July 1, 2026 through June 30, 2027, have been awarded by the Virginia Department of Behavioral Health and Developmental Services, for a total of$1,872,682. ■ Considerations: The $39,821 is available for appropriation to support substance use disorder services. Funding will cover staff and client support costs. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: /)� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR SUBSTANCE USE DISORDER SERVICES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $39,821 is hereby accepted from the Virginia Department of Behavioral Health and 8 Developmental Services and appropriated, with revenue from the Commonwealth 9 increased accordingly, to the FY 2026-27 Operating Budget of the Department of Human 10 Services for substance abuse disorder services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Mancfgement Services Cit rn y's Office CA17336 R-1 October 28, 2026 Nu ems, ti. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Public Libraries for Professional Development MEETING DATE: November 10, 2026 ■ Background: Each year the Virginia Beach Public Libraries (VBPL) is awarded funds from the Library of Virginia by way of the State Aid Grant. When the FY 2026-27 Operating Budget was passed, it included an estimated $363,619 in revenue from the State Aid Grant. VBPL have received the approved award letter with a total award of $378,429. This amount is $14,810 higher than anticipated. ■ Considerations: The additional $14,810 is to be used for professional development. These funds help fulfill the department's mission to connect diverse communities to lifelong learning, quality resources, knowledgeable staff, engaging programs, and welcoming spaces. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager:/jv 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE DEPARTMENT OF PUBLIC LIBRARIES 3 FOR PROFESSIONAL DEVELOPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $14,810 is hereby accepted from the Library of Virginia, State Aid Grant and 9 appropriated, with revenues increased accordingly, to the FY 2026-27 Operating Budget 10 of the Department of Public Libraries for professional development. 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: udget aInd Mafagement Services Ci rney's Office CA17329 R-1 October 28, 2026 s 04t' cl wy � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management to the Fire Department for Hazmat Response MEETING DATE: November 10, 2026 ■ Background: The Fire Department receives annual funding from the United States Department of Homeland Security through a federal pass-through grant from the Virginia Department of Emergency Management to support hazmat response efforts. In October 2026, the Fire Department was contacted regarding accepting the FY 2025 Special Operations Hazmat Team Grant in the amount of$8,135. ■ Considerations: The FY 2025 Special Operations Hazmat Team Grant will be used to purchase chemical detection and identification equipment, chemical leak stopping equipment and handheld computing devices for chemical identification, and methane detection equipment. This equipment will be utilized in local and regional hazardous materials responses and will increase the capabilities of the Fire Department's hazardous materials team. There is no local match required for this grant. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommendations: Approval Submitting Department/Agency: Fire Department City Manager-rw 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE FIRE DEPARTMENT FOR 4 HAZMAT RESPONSE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $8,135 is hereby accepted from the Virginia Department of Emergency 10 Management and appropriated, with revenue increased accordingly, to the FY 2026-27 11 Operating Budget of the Fire Department to purchase equipment used to support hazmat 12 response. 13 14 2. Equipment purchased with this grant is not guaranteed to be replaced by the City 15 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7 udget And Matyagempnt Services City Attorney's Office CA17332 R-1 October 28, 2026 rr�a-I -ar ti r z .I JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support the Projects of Assistance in Transition from Homelessness (PATH) Program and to Authorize a Local Match MEETING DATE: November 10, 2026 ■ Background: Virginia Department of Behavioral Health and Developmental Services provides ongoing and one-time funds to support the Virginia Beach Department of Human Services for the Project for Assistance in Transitioning from Homelessness (PATH) program annually. The PATH program provides support to individuals with serious mental illness who have experienced homelessness. ■ Considerations: This is one-time funding of $3,000 to support staff training and travel as well as outreach services, including supply costs for outreach intended for PATH program beneficiaries. A local match of $1,000 is required and is funded through the existing budgeted resources in Human Services. Funds must be fully expended by September 30, 2027. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:AD 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT THE PROJECTS OF ASSISTANCE IN 3 TRANSITION FROM HOMELESSNESS (PATH) PROGRAM 4 AND TO AUTHORIZE A LOCAL MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $3,000 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services and appropriated, with revenue increased 11 accordingly, to the FY 2026-27 Department of Human Services Operating 12 Budget for the PATH Program. 13 14 2. An additional required local match in the amount of$1,000 is hereby authorized 15 to be provided from the Department of Human Service's Operating Budget for 16 the Project for Assistance in Transitioning from Homelessness. 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: 13udgcft and-Management Services Cit y's Office CA17339 R-1 October 28, 2026 u � 1 v S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $157,764 from the Fund Balance of the Forfeited Assets Special Revenue Fund to the Office of the Commonwealth Attorney MEETING DATE: November 10, 2026 ■ Background: The Office of the Commonwealth Attorney requests that the City Council approves the use of$157,764 in fund balance from the Forfeited Assets Special Revenue Fund to fund the purchase of desktop printers and scanners as the office transitions to a digital case filing system. These purchases have been coordinated with the Department of Information Technology. ■ Considerations: There is sufficient fund balance in the Office of Commonwealth's Attorney's Forfeited Assets Special Revenue Fund to cover the amount requested in this action, as of November 2026, the unassigned fund balance is approximately $225,587. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth Attorney City Manager:/$ 1 AN ORDINANCE TO APPROPRIATE $157,764 FROM THE 2 FUND BALANCE OF THE FORFEITED ASSETS SPECIAL 3 REVENUE FUND TO THE OFFICE OF THE 4 COMMONWEALTH ATTORNEY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $157,764 is hereby appropriated, with revenue increased accordingly, from the 10 fund balance of the Commonwealth Attorney's Forfeited Assets Special Revenue Fund 11 to the FY 2026-27 Operating Budget of the Office of the Commonwealth's Attorney for 12 the purchase of desktop printers and scanners. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget anb Man gement Services Cliry 5torney's Office CA17328 R-1 October 28, 2026 ro, j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate and Transfer Funds from the Debt Service Reserve of the Water and Sewer Enterprise Fund to the FY 2026-27 Capital Improvement Program MEETING DATE: November 10, 2026 ■ Background: The City routinely issues Water and Sewer System Revenue Bonds to finance Water and Sewer Utility System capital projects. The Revenue Bonds are secured by revenues from the Water and Sewer Utility System and are not obligations of the City's General Fund. Under the Revenue Bond program, the Public Utilities Department (PUD) must maintain a Debt Service Reserve equal to the maximum annual debt service on all outstanding Water and Sewer System Revenue Bonds. Following the issuance of the City's 2026 Water and Sewer Revenue Bonds, a review of the Debt Service Reserve has identified $2 million in excess funds available for transfer to support capital projects. To maximize the use of available financial resources, the financial advisors at Davenport and internal staff recommend reallocating these funds to support Water and Sewer capital projects. PUD have identified two CIP projects to receive this funding, Capital Project #100327, "Pump Station Program VI," and Capital Project #100685, "Water Meters Replacement Program." This allocation will provide additional funding for critical water and sewer infrastructure improvements while making effective use of available funds. ■ Considerations: An appropriation is needed to move these funds from the Debt Service Reserve to the two identified capital projects. PUD intends to split the funds evenly between the two projects. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, CIP Detail Sheet (2) Recommended Action: Approval Submitting Department/Agency: Department of Public Utilities City Manager: 1 AN ORDINANCE TO APPROPRIATE AND TRANSFER 2 FUNDS FROM THE DEBT SERVICE RESERVE OF THE 3 WATER AND SEWER ENTERPRISE FUND TO THE FY 4 2026-27 CAPITAL IMPROVEMENT PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $1,000,000 is hereby appropriated from Debt Service Reserve of the Water and 10 Sewer Enterprise Fund, with revenues increased accordingly, and funds are 11 transferred as pay-as-you-go funding to Capital Project #100327 "Pump 12 Station Program VI." 13 14 2) $1,000,000 is hereby appropriated from Debt Service Reserve of the Water and 15 Sewer Enterprise Fund, with revenues increased accordingly, and funds are 16 transferred as pay-as-you-go funding to Capital Project #100685 "Water 17 Meters Replacement Program." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and M nagement Services torney's Office CA17330 R-1 October 28, 2026 City of Virginia Beach FY 2028 through FY 2033 Capital Improvement Program Project: 100327 Title:Pump Station Program VI Status:Proposed Category:Sewer Utility Department:PUBLIC UTILITIES Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 Funding 151,331,898 69,329,398 12,275,000 11,720,000 12,177,500 13,180,000 15,950,000 16,700,000 0 Description and Scope This program provides funding to meet the need for sanitary sewer pump station rehabilitation or replacement throughout the city.Typical work includes upgrading or replacing stations experiencing hydraulic,mechanical,and electrical problems;as well as addressing wet well rehabilitation,safety issues, ventilation,corrosion and odor problems.New stations will also be programmed when sanitary sewer system condition assessments indicate a new or additional station is necessary to meet the needs of a given service area.Pump station initiatives can have equipment replacement,land acquisition,site assessment and modifications,design,and construction associated with new,rehabilitated and replacement stations. Purpose and Need Pump stations are prioritize ased on sanitary sewer system con ition assessments.Stations may require re a i itation or replacement aue to aeterioratea condition of the facility,capacity of the station to handle sanitary sewer flows,or other hydraulic,mechanical and electrical deficiencies.In addition,pump stations are evaluated for modification,renewal or replacement when complementary work is being performed in the area by Public Utilities,Public Works, Hampton Roads Sanitation District,or another city agency.This project directly supports the mission and goals for Public Utilities,to include providing safe and reliable water and wastewater services;investing responsibly to ensure infrastructure is reliable and resilient to meet current and future needs; safeguarding water resources and protecting public health and the environment;promoting trust within our community;and balancing capital investment needs with long-term affordability. History and Current Status This program project first appeared in the FY 2019-2020 CIP and is a continuation of project 100326-Pump Station Program V. The program represents an on-going effort to invest in renewal of the City's aging sanitary sewer system that was initiated in FY 2004-05. In FY 2021-22,this project received a total transfer of$2,259,405 in appropriations to date from several Water and Sewer Utility projects. Operating Project Map Schedule of Activities Project Activities From-To Amount Design 07/19-06/32 13,221,690 Construction 07/19-06/32 119,311,840 Contingencies 07/19-06/32 18,798,368 Total Budgetary Cost Estimate: 151,331,898 Means of Financing Funding Subclass Amount Local Funding 151,331,898 Total Funding: 151,331,898 NO MAP REQUIRED City of Virginia Beach FY 2028 through FY 2033 Capital Improvement Program Project: 100685 Title:Water Meter Replacement Program Status:Proposed Category:Water Utility Department:PUBLIC UTILITIES 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 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 Funding 34,090,000 6,600,000 4,250,000 4,380,000 4,510,000 4,650,000 4,770,000 4,930,000 0 Description and ..- This project provides funding for the systematic replacement of aging,outdated water meters with new,more accurate,and technologically advanced meters throughout the service area.The program will upgrade approximately 130,000 direct read water meters to radio read,enabling future integration with an Advanced Metering Infrastructure(AMI)system. This project also includes the purchase and installation of meter transceiver units(MXU),meter boxes,and other necessary appurtenances for the operation of water meters. Purpose T e purpose or t e project is to upgra a aging,out ate irect reaci water meters witn new meters t at a ow or remote water meter rea ings. Aging, outdated water meters can lead to several issues including inaccurate readings,leaks,performance degradation,and inefficient water management. This project addresses these issues and will improve accuracy,reduce water loss,and enhance overall water management efficiency.This project directly supports the mission and goals for Public Utilities,to include providing safe and reliable water and wastewater services;investing responsibly to ensure infrastructure is reliable and resilient to meet current and future needs;safeguarding water resources and protecting public health and the environment; promoting trust within our community;and balancing capital investment needs with long-term affordability. History and Current Status This project first appeared in the FY 2025-26 CIP.Meter replacement is currently underway. Operating Budget Project Map Schedule of Activities Activities From-To Amount Furniture and Equipment 07/25-06/32 34,090,000 Total Budgetary Cost Estimate: 34,090,000 -----Means of Financing-- Funding Subclass Amount Local Funding 34,090,000 Total Funding: 34,090,000 NO MAP REQUIRED tt`i`aN1'V.�`a.'•'l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the FY2026-27 Capital Improvement Program for Capital Project #100749, "Virginia Aquarium Modification," for Design Services MEETING DATE: November 10, 2026 ■ Background: The Adopted FY 2026-27 Capital Improvement Program established Capital Project #100749, "Virginia Aquarium Modification," for the development of a concept for the refurbishment, replacement, improvement, and/or renewal of the Virginia Aquarium North Building. To support this project, the Office of Public Facilities is requesting a transfer in the amounts of$500,000 from Capital Project#100463, "Virginia Aquarium Renewal and Replacement III," and $500,000 from Capital Project #100437, WA Aquarium Bldg. Systems & Facility Infrastructure II," to Capital Project #100749, "Virginia Aquarium Modification." The total transfer is $1,000,000. This transfer will fund architectural and engineering services to advance the project through schematic design. The work will provide more comprehensive site and building analyses, detailed planning, and further-developed schematic designs, resulting in reliable cost estimates to guide future funding, design, and implementation decisions. The consultant's proposal exceeds the original budget estimate because of the complexity and breadth of services required to achieve these outcomes. If approved, this would leave Capital Project #100437, WA Aquarium Bldg. Systems & Facility Infrastructure I," with approximately $4.6 million within the project's account. For Capital Project #100463, "Virginia Aquarium Renewal and Replacement III," this would leave the project with approximately $4.3 million available for any remaining work items. ■ Considerations: The transfer is necessary for the Office of Public Facilities to retain Architectural/Engineering design and consultation services for Capital Project #100749, "Virginia Aquarium Modification." ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachment: Ordinance, Project Detail Sheets (3) Recommended Action: Approval Submitting Depa ment/Agency: Office of Public Facilities City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE 2 FY2026-27 CAPITAL IMPROVEMENT PROGRAM FOR 3 CAPITAL PROJECT #100749, "VIRGINIA AQUARIUM 4 MODIFICATION," FOR DESIGN SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $500,000 is hereby transferred from Capital Project #100463, "Virginia 10 Aquarium Renewal and Replacement III,"to Capital Project#100749, "Virginia 11 Aquarium Modification." 12 13 2) $500,000 is hereby transferred from Capital Project #100437, "VA Aquarium 14 Bldg. Systems & Facility Infrastructure II,"to Capital Project#100749, "Virginia 15 Aquarium Modification." Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services C rney's Office CA17338 R-1 October 28, 2026 City of Virginia Beach FY 2027 thru FY 2032 Capital Improvement Program Project: 100437 Title:VA Aquarium Bldg.Systems&Facility Infrastructure II Status:Approved I Category:Buildings&Assets Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:6 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 19,145,912 10,538,672 1,434,540 1,434,5401 1,434,5401 1,434,540 1,434,5401 1,434,540 0 ScopeDescription and This project provides for the replacement of building systems at the Virginia Aquarium to ensure they meet the American Museum Standards.This will involve all building systems such as heating,ventilation and air conditioning,electrical,plumbing,and roofing.Most of the building system items in this project are on a projected life cycle(e.g.emergency generators,chillers and air handlers,fire alarm systems,water heaters,roofs);therefore,the programmed replacement provides for the replacement of all of the operating systems at the Aquarium based on a recommended schedule. Purpose , Need is project esta is es an on-going program o re a i itation an rep acement or T interior and exterior ui cling systems for this eavi y use aci ity.It is required to maintain the safety,security,reliability,energy efficiency,and appearance of the Aquarium's structures and operating systems. History and Current Status This project first appeared in the FY 2019-20 CIP and is a continuation of project 3-146 VA Aquarium Bldg.Systems&Facility Infrastructure. Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Construction 07/18-06/32 19,145,912 OW Creek Boat Ramp Total Budgetary Cost Estimate: 19,145,912 Means of Financing PO Funding Subclass Amount Local Funding 19,145,912 0 0 s Total Funding: 19,145,912 • 100437 'k ,o; }mo a° o; Camp Pendleton u ✓sryER$ON 4yt FY 2026-27 TO FY 2031-32 16 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2027 thru FY 2032 Capital Improvement Program Project: 100463 Title:Virginia Aquarium Renewal and Replacement III Status:Approved Category:Buildings&Assets Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:6 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 11,671,019 8,071,019 600,000 600,000 600,000 600,000 000,000 600,000 0 ScopeDescription and This project increase will fund the design,construction,electrical,plumbing,equipment,and all associated utility upgrades and costs for Aquarium life support upgrades and maintenance. This project is for refurbishment,replacement,improvement,and renewal of infrastructure items necessary for the operation of the Virginia Aquarium. Items include but are not limited to:animal life support systems,animal habitat structures,animal care equipment,operational equipment, ticket printers and related components,and security equipment. Funding for specialized diagnostic equipment and required material handling equipment is also provided. Purpose Given t e eavy usage o t e aci ity,p anne rep acement an renews are essentia or t e continue operations o t e aci ity.T is un ing is critics or emergency life support purchases and repairs.It will provide planned upgrades and alterations to animal habitats in order to maintain compliance with governmental agencies(e.g.United States Department of Agriculture,Department of Environmental Quality and the Fish and Wildlife Service)as well as accreditation agencies(e.g.Association of Zoos and Aquariums,International Marine Animal Trainer's Association,and Alliance of Marine Mammal Parks and Aquariums). History and Current Status This project first appeared in the FY 2018-19 CIP and is a continuation of project 3-278 Virginia Aquarium Renewal and Replacement II. In FY 2024-25,$156,815 was transferred to this project from the VA Aquarium Monument Sign project.In FY2026,$3.2 million was transferred to this project to support structural and exhibit repairs in the North Aquarium building interior. Operating Project Map Schedule of Activities Project Activities From-To Amount Construction 07/19-06/32 11,671,019 N4 Creek Baku Ramp Total Budgetary Cost Estimate: 11,671,019 Means of Financing �Q9 Funding Subclass Amount o Private Contribution 140,604 9 Local Funding 11,530,415 Total Funding: 11,671,019 • 100463 o� f0 r° Vy Camp , pendleton u �fryERSON 4" FY 2026-27 TO FY 2031-32 1 3 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2027 thru FY 2032 Capital Improvement Program Project:100749 Title:Virginia Aquarium Modification Status:Approved Category:Buildings&Assets Department:PUBLIC WORKS Ranking.0 Project Type Project Location Project Type:Rehabilitation/Replacement District:6 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 3,000,000 0 3,000,000 0 0 0 0 0 0 ScopeDescription and This project is for the development of a concept for the refurbishment,replacement,improvement,and/or renewal of the Virginia Aquarium North Building. Items include but are not limited to:public areas,exhibit areas,animal support systems,animal habitat structures,animal care equipment,operational and administrative spaces,and site improvements.A joint committee comprised of City staff,Foundation members,and City Council liaisons will provide options on scope and project cost for City Council's consideration before design or construction funding is appropriated. Purpose T e Virginia Aquarium n=oeen in operation or near y 40 years an t e nort ouli ing is in nee o repair Mu re ur is ment to interior ex i its an t e external structure.The original facility was constructed in partnership with the State;however,the annual operations and maintenance has been a obligation of the City through cooperation with the Foundation. History and Current Status This project first appeared in the FY 2027 CIP.Funding appropriated to this project will not be spent until the City Council is provided a report outlining recommendations on a sustainable operational model of the Aquarium from the Foundation. Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Study 07/26-06/27 3,000,000 Total Budgetary Cost Estimate: 3,000,000 Means of Financing Funding Subclass Amount Local Funding 3,000,000 'k Total Funding: 3,000,000 o- aQ • 100749 a r�P h Camp Pendleton fgO �FFFFkS"NgVE 0� r At, FY 2026-27 TO FY 2031-32 1 2 CAPITAL IMPROVEMENT PROGRAM K. PLANNING 1. LBC VENTURES, LLC for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re deficiencies in required lot width, street line frontage and lack of direct access to a public street at 4716 Hook Lane DISTRICT 9 RECOMMENDATION: APPROVAL 2. 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 storage yard at 2548 Potters Road DISTRICT 3 (Deferred from October 20, 2026) RECOMMENDATION: APPROVAL 3. VB INVESTMENTS, LLC/ B & L INVESTMENT GROUP LLC for a Conditional Change of Zoning from B-2 Community Business District to Conditional A-18 Apartment District re construct a 23-unit townhome-style condominium development at 700 & 724 Baker Road DISTRICT 4 RECOMMENDATION: APPROVAL 4. SECTORSITE TOWER ASSETS L.L.C. / SECTORSITE TOWER ASSETS L.L.C., GREAT EASTERN RESORT CORPORATION AND VICINITY HOLDINGS LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit re mini-warehouse and a Conditional Use Permit re bulk storage yard at 3386 & 3396 Holland Road DISTRICT 10 (Deferred from October 6, 2026) RECOMMENDATION: APPROVAL APPLICANT REQUESTS INDEFINITE DEFERRAL 5. GIUSEPPINA POLLICE & MARISA CORSALE / EUGENIO CORSALE for a Conditional Use Permit re family day-care home at 993 Autumn Harvest Drive DISTRICT 1 RECOMMENDATION: APPROVAL 6. BRANDON IACHETTA/JAMES L. HARRELL III AND ASSOCIATES LLC for a Conditional Use Permit re tattoo parlor and a Conditional Use Permit re body piercing establishment at 481 South Lynnhaven Road DISTRICT 3 RECOMMENDATION: APPROVAL 7. REAL ESTATE PURSUITS LC/ BIVI REAL ESTATE LLC for a Conditional Use Permit re mini- warehouse at 941 Laskin Road DISTRICT 6 RECOMMENDATION: STAFF - DENIAL PLANNING COMMISSION - DENIAL 8. ZOE MILLAY DUKAS for a Conditional Use Permit re residential kennel at 3012 Edinburgh Drive DISTRICT 8 RECOMMENDATION: APPROVAL 9. 511 21St STREET, LLC for a Conditional Use Permit re short term rental at 511 215t Street DISTRICT 6 RECOMMENDATION: APPROVAL 10. ALEXANDRA & CONSTANCE MENSING/ ARCON INVESTMENTS VA LLC for a Conditional Use Permit re short term rental at 414 22nd % Street DISTRICT 6 RECOMMENDATION: APPROVAL r�/ NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, November 10,2026 at 6:00 p.m.In the Council Chamber at City Hall,Building 1, 2-FIM at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on httpsV/Yirginiabeach.gov,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All Interested parties are Invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385,4303 prior to 5:00 p.m.on November 10,2026. 2. Download WebFx and view the meeting at: httosV/v¢gov.webex cool/we MinWfeMter/r76cd2b935a774fe48f82$ 7823ZIN99c The following requests are scheduled to be heard: LBO Ventures,LLC(Applicant&Owner)Subdivision Variance(Section 4.4(b)(d)of the Subdivision Regulations)Address:4716 Hook Lane GPIN:1479550578 City Council:District 9(Schulman) 449 London LLC(Applicant&Owner)Conditional Rezoning(R-10 Residential District to Conditional 1.1 tight Industrial District)&Conditional Use Permit(Bulk Storage Yard)Address:2548 Potters Road GPIN:1497733185 City Council: Dlstdct 3(Beriucch() VB Investments,LLC Property Owners:B&L Investment Group LLC Conditional Rezoning (B-2 Community Business to Conditional A-18 Apartment District) Addresses: 700&724 Baker Road GPINs: 1468221483, 1468221519 Clty Council:District 4(Ross-Hammond) Sectorsite Tower Assets LL.C.Property Owners:Sectorsite Tower Assets LLC., Great Eastern Resort Corporation&Vicinity Hollings,LLC Conditional Rezoning (02 Office District to Conditional B-2 Community Business District)&Conditional Use Permits(Mint-Warehouse&Bulk Storage Yard)Addresses:3386&3396 Holland Road GPINs:14868270070002,14868270070001,1486815934 Ctty Council:Dlstrkt SO(Rouse) Gluseppina Pollice and Marisa Corsale Property Owner. Eugenio Corsale Conditional Use Permit(Family Day-Care Home)Address:993 Autumn Harvest Drive GPIN:1466823051 City Council:District i(Hutcheson) Brandon lachetta Property Owner: James L Harrell III and Associates LLC Conditional Use Permits(Tattoo Parlor&Body Piercing Establishment)Address: 481 S.Lynnhaven Road GPIN:1496183564 City Council:District 3(Beduccho Real Estate Pursuits LC Property Owner:BIV Real Estate LLC Conditional Use Permit(Mlni-warehouse)Address:941 Laskin Road GPIN: 2418716272 City Council:District 6(Remick) Zoe Millay Dukes(Applicant&Owner)Conditional Use Permit(Residential Kennel) Address: 3012 Edinburgh Drive GPIN: 1497283871 City Council: District 8 (Cummings) 511 21st Street,LLC(Applicant&Owner)Conditional Use Permit(Short Term Rental)Address:511 21st Street GPIN:2417988293 City Council:District 6 (Remick) Alexandra &Constance Mensing Property Owner:Arcon Investments VA LLC Conditional Use Permit(Short Term Rental)Address:414 22nd%Street GPIN: 24270837640414 City Council:District 6(Remick) Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center,Building 3,Virginia Beach,VA 23456 or online at hops//virginlabeach.gov/pc.For information call 757-385-062L If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-38541303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,httpsV/virginiabeach.gov and Faoebook Live. Please check our website at htlpsJ/clerk.virginlabeach.gov/citycouncil for the most updated meeting Information. All Interested parties are Invited to participate. Amanda Barnes,MMC City Clerk PILOT-OCTOBER 27,2026&NOVEMBER%2026-1 TIME EACH CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LBC VENTURES, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(b)(d) of the Subdivision Regulations) for the property located at 4716 Hook Lane (GPIN 1479550578). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: November 10, 2026 ■ Background: The applicant is requesting a Subdivision Variance to Section 4.4(b) and (d) of the Subdivision Regulations for deficiencies in required lot width, street line frontage, and lack of direct access to a public street for proposed Lots 7A and 7B. The subject site currently contains a single-family dwelling which is proposed to be demolished. The R-7.5 Residential District requires a minimum lot area of 7,500 square feet, a minimum lot width of 75 feet, and a minimum street line frontage of 60 feet for single-family dwellings. While proposed Lot 7C will meet all dimensional requirements of the R-7.5 Residential Zoning District, proposed Lots 7A and 7B will be deficient in lot width and street line frontage and will lack direct access to a public street. To provide access to the proposed lots, the conceptual site plan depicts a 29-foot-wide private access easement. ■ Considerations: In its current form, with a lot area of 36,624 square feet and a lot width of approximately 128 feet, the subject parcel is unique in that it is much larger than the majority of parcels within the Beechwood neighborhood, which range in size from approximately 7,500 to 15,000 square feet in area and approximately 75 to 120 feet in lot width. It is also a through lot with frontages along both Hook Lane and Northampton Boulevard; however, Northampton Boulevard is an access- controlled roadway, and thus direct access from the subject parcel to Northampton Boulevard is not permitted. The original parcel was over an acre in size when it was first platted in 1902. The site has been the subject of two takings since that time, the first in July of 1962 by the Commonwealth of Virginia, which took approximately 5,266 square feet for the creation of Northampton Boulevard, and the second in 1981 by the City of Virginia Beach, which took approximately 3,722 square feet to widen Hook Lane. Given the unique dimensional characteristics, the parcel has the lot area to accommodate the three proposed parcels but lacks sufficient street frontage to subdivide as proposed without a Subdivision Variance being granted. LBC Ventures, LLC Page 2 of 3 Since the Shore Drive Corridor Design Guidelines recommend the use of shared access drives, staff recommended that access to all proposed lots be via the private ingress/egress easement depicted on the conceptual layout and that the separate curb cut and driveway proposed for Lot C not be permitted. Utilizing a shared access would limit the number of curb cuts along Hook Lane, thereby reducing the number of conflict points for vehicles and pedestrians while also reducing the amount of impervious cover. The applicant provided inspiration images depicting the proposed single-family dwellings, which appear to be generally consistent with the character of the surrounding area and the design principles outlined in the Shore Drive Corridor Design Guidelines. Staff recommended Condition 5, to require the architectural design of the three proposed single-family dwellings to be consistent with the recommendations outlined in the imagineVB 2040 Comprehensive Plan for the area and subject to the review and approval of the Planning Director. Similarly, to further ensure consistency with the Shore Drive Corridor Design Guidelines, staff recommended Condition 6 to require the front fagade of the dwelling on proposed Lot 7C be at least five feet wider than the garage and that the garage portion of the dwelling be set back at least five feet farther than the house from the street. At the request of the applicant, the Planning Commission recommended approval of the request with modifications to the staff-recommended conditions, including the requirement to utilize a shared access and removal of recommended Condition 6. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request and a letter of support was received from the Beechwood Civic League. ■ Recommendation: On October 14, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 1. 1. The site shall be in substantial conformance with the conceptual subdivision plan entitled "LAYOUT EXHIBIT BAYVILLE GARDENS/PARK LOT 7" dated May 1, 2026, prepared by Good Land Engineering, except that aGGess to all proposed lots shall be via the proposed�pFiyate ingress/errress easement dePiGter✓ and a separate nUrh nUt solely fr,r the benefit of Let G_ shall not he permitter) A copy of the proposed layout has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. Public drainage easements shall be required along the north and south sides of the site based on the field-surveyed locations of the existing public drainage ditch and public storm pipe. LBC Ventures, LLC Page 3 of 3 3. A final subdivision plat for the proposed lots shall be submitted for review, approval, and recordation in accordance with the requirements of the City of Virginia Beach Subdivision Regulations. 4. Prior to recordation of the final subdivision plat, a legal document establishing a private cross-access reciprocal easement between the proposed lots shall be recorded. The document shall also include provisions for a shared maintenance agreement. 5. The architectural design and materials of the proposed single-family dwellings shall be consistent with the recommendations outlined in the imagineVB 2040 Comprehensive Plan for the area. Architectural elevations shall be submitted to the Planning Director for review and approval prior to issuance of building permits for proposed structures. Lane, the fFE)Rt -sh�ll��least fide foot wider than the gaFage and the garage shall be set baGk at least five feet farther thaR the house from the street, in aGGOF-lanne with theQhore Driv Gerriclnr the �m--avcvraarrac-vrrcrr Design G iidelineS 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. --�1 Submitting Department/Agency: Planning Department 1 City Manager:(101 Agenda Applicant & Property Owner: LBC Ventures, LLC Planning Commission ' • October1 • VB_ CouncilCity 1 District • Project Details Request Subdivision Variance (Section 4.4(b) and (d) of the Subdivision Regulations) Staff Recommendation _ v ,oH Approval = Staff Planner " Alexis Bailey �`R�R „��,,,`A"°� `H U.41 HI EL n �c . 4` �vside Roca Goner _. t00:c LN — Location _ 4716 Hook Lane 3 GPIN i rN 1479550578 Site 5ize "....Surxco,r 36,624 square feet - AICUZ Less than 65 dB DNL Watershed Chesapeake Bayf _ �' mod" Existing Land Use and Zoning District a , . Single-family dwelling/ R-7.5 Residential , .: CORALREEF Surrounding Land Uses and Zoning Districts ` m w North , "`*z Northampton Boulevard Single-family dwelling/R-7.5 Residential r South ` Hook Lane Single-family dwelling/ R-7.5 Residential East Single-family dwelling/ R-7.5 Residential West Single-family dwelling / R-7.5 Residential LBC Ventures, LLC Agenda Item 2 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Subdivision Variance to Section 4.4(b) and (d) of the Subdivision Regulations to address deficiencies in required lot width, street line frontage, and lack of direct access to a public street for proposed Lots 7A and 713. This 36,624-square-foot parcel is zoned R-7.5 Residential District and located in the Beechwood neighborhood and Shore Drive Corridor Overlay District. • The site currently contains a single-family dwelling constructed in 1940, which is proposed to be removed. • The applicant seeks to subdivide the parcel to create three single-family parcels. • The R-7.5 Residential District requires a minimum lot area of 7,500 square feet, a minimum lot width of 75 feet, and a minimum street line frontage of 60 feet for single-family dwellings. • While proposed Lot 7C will meet all dimensional requirements of the R-7.5 Residential Zoning District, proposed Lots 7A and 713 will be deficient in lot width and street line frontage and will lack direct access to a public street. As such, a Subdivision Variance is required.To provide access to the proposed lots, the conceptual site plan depicts a 29-foot-wide private access easement. Required Proposed Lot Required Proposed Required Proposed Street Proposed Minimum Lot WidthLot Area (square Area (square Lot Width Lot feet) feet) (feet) (feet) (feet) (feet) 7A 7,500 13,295 75 0* 60 0* 7B 7,500 13,329 75 29.13* 60 29.13* X 7,500 10,000 75 100 60 100 * indicates a substandard value that requires a Variance LBC Ventures, LLC Agenda Item 2 page 2 of 14 ' Zoning History There is no previous zoning history. R1o(SD) CLML- aaa'"PMp,a"B`�u REEF RD1 =N R7i5 r z HOOK LN R7.5(SD.) Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rent MDC. Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation - • • • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized, whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. LBC Ventures, LLC Agenda Item 2 page 3 of 14 The applicant plans to subdivide the subject parcel to create three single-family lots. In its current form, with a lot area of 36,624 square feet and a lot width of approximately 128 feet, the subject parcel is unique in that it is much larger than the majority of parcels within the Beechwood neighborhood, which range in size from approximately 7,500 to 15,000 square feet in area and approximately 75 to 120 feet in lot width. It is also a through lot with frontages along both Hook Lane and Northampton Boulevard; however, Northampton Boulevard is an access-controlled roadway, and thus direct access from the subject parcel to Northampton Boulevard is not permitted. The original parcel was over an acre in size when it was first platted in 1902. The site has been the subject of two takings since that time, the first in July of 1962 by the Commonwealth of Virginia, which took approximately 5,266 square feet for the creation of Northampton Boulevard, and the second in 1981 by the City of Virginia Beach, which took approximately 3,722 square feet to widen Hook Lane. Given the unique dimensional characteristics, the parcel has the lot area to accommodate the three proposed parcels but lacks sufficient street frontage to subdivide as proposed without a Subdivision Variance being granted. Staff is of the opinion that the proposed layout, which includes one conforming single- family parcel along Hook Lane, will conform to the overall character and development pattern of the neighborhood, and approval of the Subdivision Variance would not adversely affect the surrounding properties or overall neighborhood. While the proposed layout initially proposed a shared access easement to serve all three proposed parcels, an updated exhibit was later provided by the applicant which depicted a separate driveway to serve proposed Lot C. As the Shore Drive Corridor Design Guidelines recommend the use of shared access drives, staff is recommending that access to all proposed lots be via the private ingress/egress easement depicted on the conceptual layout and that the separate curb cut and driveway proposed for Lot C shall not be permitted. Utilizing a shared access will limit the number of curb cuts along Hook Lane, thereby reducing the number of conflict points for vehicles and pedestrians while also reducing the amount of impervious cover. The applicant has provided inspiration images depicting the proposed single-family dwellings, which appear to be consistent with the character of the surrounding area and the design principles outlined in the Shore Drive Corridor Design Guidelines. Staff has recommended Condition 5, which requires the architectural design of the three proposed single-family dwellings to be consistent with the recommendations outlined in the imagineVB 2040 Comprehensive Plan for the area and subject to the review and approval of the Planning Director. Similarly, to further ensure consistency with the Shore Drive Corridor Design Guidelines, staff has recommended Condition 6 to require the front facade of the dwelling be at least five feet wider than the garage and that the garage portion of the dwelling be set back at least five feet farther than the house from the street. As such, Staff finds the proposal to satisfy the criteria found in Section 9.3 of the Subdivision Regulations and recommends approval of the request subject to the conditions listed below. Recommended Conditions 1. The site shall be in substantial conformance with the conceptual subdivision plan entitled "LAYOUT EXHIBIT BAYVILLE GARDENS/PARK LOT 7" dated May 1, 2026, prepared by Good Land Engineering emeept that LBC Ventures, LLC Agenda Item 2 page 4 of 14 sepa ate ,uFb eut solely f„r the -h-e„ fit f 1-et G Shall r b peFmi#ed. A copy of the proposed layout has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. Public drainage easements shall be required along the north and south sides of the site based on the field- surveyed locations of the existing public drainage ditch and public storm pipe. 3. A final subdivision plat for the proposed lots shall be submitted for review, approval, and recordation in accordance with the requirements of the City of Virginia Beach Subdivision Regulations. 4. Prior to recordation of the final subdivision plat, a legal document establishing a private cross-access reciprocal easement between the proposed lots shall be recorded.The document shall also include provisions for a shared maintenance agreement. 5. The architectural design and materials of the proposed single-family dwellings shall be consistent with the recommendations outlined in the imagineVB 2040 Comprehensive Plan for the area. Architectural elevations shall be submitted to the Planning Director for review and approval prior to issuance of building permits for proposed structures. dwelliRg shall be at least five feet vdid_eFthan the gaFage and the gaFage shall be set bar_-k _;A lea-st five feet 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. LBC Ventures, LLC Agenda Item 2 page 5 of 14 Comprehensive Plan Information The site under the imagineVB 2040 Comprehensive Plan falls within the Shore Drive Corridor Overlay District and a Type 1 Neighborhood Place Type.The primary goal of"Type 1 Neighborhoods is to provide a well- landscaped, quiet, and safe setting for single-family homes" (p. 175, imagineVB 2040 Comprehensive Plan). It is recommended that, when possible, proposals "reduce the number of vehicular access points to major roadways" (p. 176, imagineVB 2040 Comprehensive Plan). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic i Existing Land Use Z- 10 ADT Hook Lane No counts available No counts available Proposed Land Use 3-30 ADT 1 Average Daily Trips 'As defined by one 'As defined by three 'LOS = Level of Service single-family dwelling single-family dwellings Master Transportation Plan(MTP)and Capital Improvement Program(C/P) Hook Lane is considered a two-lane local roadway. No CIP Projects are slated for this area. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water There is an existing 6-inch city water main along Hook Lane, and there is an existing 20-inch city water transmission main along Northampton Boulevard.The site is connected to City water. Sewer There is an existing 8-inch city sanitary sewer gravity main along Hook Lane. The site is connected to City sanitary sewer. LBC Ventures, LLC Agenda Item 2 page 6 of 14 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 14, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 30, 2026, and October 7, 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 September 28, 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 October 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 27, 2026 and November 3, 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 26, 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 November 6, 2026. LBC Ventures, LLC Agenda Item 2 page 7 of 14 VT jo g a2led Z wall epua0v Dll 'saanlu@A J8l \ \ \ 9, —77 I.1 V • I � ,� \ \ \sm �� 4 4 s —r a LAYOUT EXHIBIT N GOOD LAND ENGINEERING BAYVILLE GARDENS/PARK LOT 7 amo_ .. xou.r nn �� 4 4716 I-CJ LN v�emeu'a prn 4wQ ¢s•at t nrzcrn,a ncaor.�acm�a 2�as m+�•.. .e•w...� Example • ofProposedHomes _ a z �ss scam 2 ���a o � h lt t� VALLEY RIDGE -, J «G• � r I LEIGH LOT B LBC Ventures, LLC Agenda Item 2 page 9 of 14 Example Renderings of Proposed Single-family Homes oil rrr _ i k� F`. h •. • F h _ _ .•-7s'�r. ,air Z-'— �nr _ r ' Site Photos � 1 0. Agenda Item 2 page of Disclosure CITY OF V_B_ BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT • APPLICANT INFORMATION Applicant Name: as listed on application LBC Ventures, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yes@ No© If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ Noc) If yes,name Representative: R. Edward Bourdon,Jr., Esq. 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 Z relationship with the applicant.(Attach list if necessary.) Steven W.Bishard,President of Bishard Development Corporation,Manager of Bishard Family Real Estate,LLC, Manager of LBC Venture, 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, @ TowneBank cross-collateralization,etc. Real Estate Broker/Agent/Realtor @ Disclosure Statement I rev. May-2024 page 1 of 3 LBC Ventures, LLC Agenda Item 2 page 12 of 14 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER (Nome entity and/or individual .Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 1 01 Colliers Engineering legal Services 0 R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern A Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. D19#.#y signed by Steven W Steven W. Bishard Steven WBishardDk.22026.08.03 09 30 05-04,o 08/03/2026 Applicant Name(Print) Applicant Signature Date 1'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101, 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the 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): 10/20/2026 Alexis Bailey 10/20/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 LBC Ventures, LLC Agenda Item 2 page 13 of 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LBC Ventures, LLC Agenda Item 2 page 14 of 14 R10(SD) �NpMpt�N ewo N NOR�HPMP ty NORM N aMP�o � CORAL REEF LN 1 R"7:5 - " o r z HOOK LN R7.5(SD) ® site LBC Ventures, LLC Zoning 4716 Hook Lane w I; Property Polygons Feet 0 30 60 120 180 240 Map created by Planning Department on 10/9/2026 Virginia Beach Planning Commission October 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #2 LBC Ventures LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. The next order of business is the consent agenda, and I'm going to turn that over to the vice chair to run this portion of the meeting. Ms. Byler: Thank you, Chair Coston. In addition to the minutes,today we have six items on the consent agenda. These are applications that are recommended for approval by staff, and the Planning Commission concurred. And there are no speakers signed up in opposition. (The following dialogue reflects the discussion to pull the item from the consent agenda, which may not have directly followed the above discussion in this document) Ms. Byler: Thank you, Commissioner Camp. The next item on the consent agenda is Item 2, LBC Ventures,LLC. Is there a representative here to speak on this? Mr.Plumlee: I believe there is a condition that the applicant does not want to approve on consent. Mr.Bourdon: Yeah,we based on what you all discussed in the informal. If you're putting on consent based on the conditions,we would like it pulled,please. Ms.Byler: So you do not agree to--your client does not agree to the conditions, in which case, we will remove you from the consent agenda and have that matter heard. Mr. Bourdon: Yes, ma'am. Ms. Byler: Thank you,Attorney Bourdon. (The following dialogue reflects the hearing for the item, which may not have directly followed the above discussion in this document) Mr. Coston: If you had an application that was on the consent agenda today, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting either virtually or in person,but you are free to leave. Our next order of business is the regular agenda. The regular agenda will proceed as follows, applicant will be given up to 10 minutes to present their item. We will then hear from speakers in support and opposition. The applicant may then return to the podium for up to 3 minutes for rebuttal,and then answer any questions from the commission. Madam Clerk,we are ready for the first item. Clerk: Our first item is Item 2,LBC Ventures,LLC. Mr. Bourdon: Mr. Chair, members of the commission, for the record, Eddie Bourdon, Virginia Beach Attorney, representing LBC Ventures, LLC. Sorry, we had to pull this from the consent agenda, but it was not a secret. I'll start very briefly. Since it was on the consent agenda, I won't go into all the hardship. But the one thing that stands out is this piece of property was first created in 1902. Roughly, it's existed. For half the time that our country has existed, and it's never been subdivided in spite of the rest of the neighborhood around it, pretty much having been done so. The only thing that's happened was. In 1962, the Commonwealth of Virginia took 5,200 plus square feet of the property for Northampton Boulevard, and in 1981, the City of Virginia Beach took 3,277 square feet of the property. For Hook Lane, so we have a piece of property that's in an existing, long existing, one could probably argue, historic area of the city, and it's a small community. Hook Lane is the essentially the only road in the community. It does have a cul-de-sac that's been created in recent years off the northeast corner of the neighborhood. Neighborhood on a coral bay Court. The staff report indicates that the lots in the neighborhood are 7,500 square feet and greater, and that's not exactly accurate. There are a number of lots in this neighborhood that are well under 7,500 square feet, and the three proposed lots here, for which there's really only one variance. That's the lot in the back, but we'll call it two. This the one in the middle. Was approved administratively,but that's fine. The these lots are bigger than every other lot in the neighborhood, except for two to the west and one to the east of the subject property. The lot on Hook Lane is 100 feet wide and it contains 10,000 square feet. The other two lots are well in excess of 10,000 square feet in R-7.5. The staff report also indicates incorrectly, not in the conditions, but what, Mr. Camp stated was accurate. It does state on page four that my client submitted a plan. It is that showed a driveway coming to the front lot on hook lane from the access that will be shared by the two lots in the back, and that never happened, never been such, but the conditions one and six are the conditions that we have a problem with. There are a total of 48 homes,not counting the one that was on this one, in this neighborhood, and of those 48, 46 do not have a side-loading garage or a garage set back five feet from the front of a house that has a bigger front facade than the garage. Chesapeake Beach, Ocean Park, Cape Story by the Sea, the North End of Virginia Beach, the Hollies, Old Beach,Shadow Lawn,Croatan,Birdneck Lake,Sandbridge Beach. Neighborhoods in the city that have some of the most valuable properties, residential, in the city of Virginia Beach, and those neighborhoods. Have far,far more front-loading garages than anything else,and far,far more that are not set back. Five feet from the front, with a side, that's, that's not the garage in front of it, bigger than the garages. I've built myself with my lovely wife two houses, one in Birdneck Lake and one in Croatan. Both of those houses have garages that sit out well in front of the rest of the house. We happen to. Be on the water in both cases, and that's how we chose. And there are other houses in those neighborhoods. I say they exist everywhere. I get the aspirational idea. But that's not consistent with this condition, and it's not consistent with a lot of neighborhoods on shore Drive. So that we do show a two-foot setback. Further for the garage on the front lot than the than the rest of the house, but it's not five, and the rest of the house isn't bigger than the garage. The lots are in small lot subdivisions,and what I just let read you a list of the Sandbridge. They are 10,000 square feet. Some are larger. That doesn't change the fact that. Telling someone that their garage has to be five feet back from the front of the house. And the rest of the house has to be bigger than the garage that's an aspiration. And if you're if you're doing a large lot subdivision in the transition area, which I've represented a few, where we actually did exactly that in the guidelines for that neighborhood for more than one. But that's not what we're dealing with here. We're dealing with an existing neighborhood, and all this this idea does is cause greater expense to a developer who has a beautiful house. You,you've got a copy of it to have to go design a house just for this lot. And I'm sorry,but we do not agree with condition number six,and we don't agree with condition number one. Because we were never, never planning on adding that to the driveway,and this street doesn't. Doesn't handle anything. You have to be looking for somebody in this neighborhood. It doesn't cut through to any other neighborhood. It just serves the 40 lots, 48 houses that exist there today. So we would respectfully request that condition number one. Be that you approve the plan as it's been submitted, and including what I passed out or what we passed out,which shows the landscaping. So this lot in the front will have its own yard,its own fenced-in yard,and we'll put landscaping between the fence and the driveway. That'll serve the two in the back. All the other conditions dealing with, shared maintenance and all that—absolutely perfect. Agree with them 100%. Just those two,number six,which should be eliminated in art. We ask that you all recommend it with that elimination. And then the condition one just be modified to be the plan that we've submitted, and the only plan that we've submitted. I will be happy to answer any questions? Mr. Coston: Are there any questions? We don't have anybody else to speak,do we? Mr. Plumlee: No one else to speak. So I do have questions. Mr. Bourdon, as members of the bar,I think we should recognize the passing of Mark Stiles. We've not had the chance to talk about it. I was with Judge Lilly yesterday. It was such a busy and intense hearing. I didn't have an opportunity to express my condolences,but I want to do that for him and his family,the department here that he led for so many years,and the city. So that's just I didn't want to miss that opportunity. Mr.Bourdon: Thank you,Mr.Plumlee,and you're spot on. And there,and with Les is wonderful person, wonderful judge, and did a lot, a lot of work with, with Les, Sandbridge Beach, and a lot of other things. And Mark is every bit as good a human being, if not better than Judge Lilly, and that's and that -- but they're in the same, they're in the same league. He was one, one, one. Wonderful,and unfortunately,you know,we lost him way,way too soon. Mr.Plumlee: Very young. Very young. Mr. Bourdon: But thank you for that. I appreciate the opportunity. Mr.Plumlee: I just wanted to get clear. When I went through the community, it looked like most of the homes had front driveways. Mr. Bourdon: Font driveways and front garages and there's actually, I counted 15 that don't have garages at all. Mr. Plumlee: This plan appeared to be,to me,more in line and less of a deviation than what the city is asking for with the conditions. That was how it appeared to me. Mr. Bourdon: Correct. There are there are a grand total of two out of 48 houses that have a side loading garage. One is the house next door to this property on the west side,where they have -- it was a beautiful. It is a beautiful brick home,for which they have added a garage on the northwest corner. That was an add-on, and then there's a house on the corner of Hook Lane, and they may call it Hook Court, but it's to the east. There's a lot on the corner that has a newer home for that neighborhood,and it has a side-loading garage, but it's a side corner lot, so it's easy to do that. Mr. Plumlee: And you've put on the record the only changes you need to those conditions. Mr. Bourdon: That is just. Thank you. Mr.Plumlee: Commissioner Camp. Mr. Camp: Thank you,Mr. Chair. Attorney Bourdon,my question is not for you; it's a question for staff. Actually, two questions. Would you be able to tell me when the shore drive design guidelines were adopted?And the related question,which we can look into while we're waiting on that answer, is roughly when were most of the homes here built? Mr.Morrison: Good afternoon,Commissioners. For the record,Hank Morrison,Comprehensive Planning Administrator. I don't have the answer to number two, but the design guidelines were adopted by council in 2002. Mr. Camp: Thank you, sir. Mr.Morrison: Thank you. Mr. Camp: And with regard to roughly the age of the other homes in the community? Ms. Walsh: We're looking for that right now. It's going to be a minute. Mr. Camp: All right,may I have a follow up with Mr. Morrison? Ms. Walsh: Sure. Mr. Camp: Mr. Morrison, I know that this particular plan was adopted prior to your arrival as our city's comprehensive planning administrator. But would you be able to tell us, was the intention of those design guidelines to bring about change in the community,versus what had been created organically prior to the adoption of the guidelines? Mr.Morrison: I would,I would say that the design guidelines were are an aspirational viewpoint into what the community was hoping to achieve as the development continues in the future. Mr. Camp: So what I'm trying to do here with these two questions is to reconcile what we see today and Attorney Bourdon's comment that what's being asked for in this particular application doesn't align with the rest of what we may see. If the homes were created before the adoption of the guidelines, naturally, I wouldn't necessarily expect them to look like what the guidelines say. If they were built more recently, contemporaneously with the guidelines, are after, then yes, I would expect them to look more like what the guidelines call for, and that's what I'm trying to understand here. If this application is one more in line with a pattern, although we don't see too many in this older neighborhood, or if this is an exception. Mr. Morrison. That's all I have for you. Thank you. Ms.Walsh: Okay, so we've been able to pull at least a handful of homes, and it does range from the 1940s to 2019, more on the 1940s side. Mr. Camp: So, in general, Director Walsh, would it be reasonably accurate to say that a substantial portion of this neighborhood, as we see it today, was built out prior to the adoption of the guidelines? Ms.Walsh: Yes, sir. Mr. Camp: Okay,thank you for that clarification. Mr. Coston: Okay, Commissioner Schoonover. Ms.Schoonover: I move that we approve this application with the requests that Attorney Bourdon asked us for,removing number six and modifying number one to correspond with his application. Mr.Plumlee: Second. Mr. Coston: Has been moved by Commissioner Schoonover and seconded by Commissioner Plumlee that we approve this item as is the desire of the applicant. Mr. Plumlee: Is there time for discussion? Ms. Byler: If appropriate, at this time under discussion, I would like to ask the staff. As I understand it, all applications are run through our traffic department, and I assume there was a reason that they didn't want this side entrance on Hook Lane. I wonder if staff could speak to that. Ms. Walsh: I don't believe that this was a traffic comment. This was based on the shore drive corridor guidelines. Is that correct, Hank? Mr. Morrison: That's correct. So, the design guidelines, when there's a development of more than one home, it encourages the sharing of a driveway, and so having multiple driveways also creates conflict points for vehicles and pedestrians. So, trying to reduce the conflict points and also reduce the amount of impervious surface on the site. That's where that suggestion came from. Ms. Byler: Thank you. I appreciate that. Mr. Coston: Any further discussion?Are we ready for the vote? Clerk: The vote is open. Chair Coston, your vote. I can take a verbal vote. Mr. Coston: I vote yes. Aye. Clerk: A recorded vote of 9 to 1,item 2,LBC Ventures,LLC,has been recommended for approval as modified. Mr. Bourdon: Thank you all very much for your patience, and hope everybody has a wonderful Thanksgiving and doesn't get tricked too much. Mr. Coston: Thank you. Vote Tall Commission Member AYE 9 NAY 1 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The site shall be in substantial conformance with the conceptual subdivision plan entitled "LAYOUT EXHIBIT BAYVILLE GARDENS/PARK LOT 7" dated May 1, 2026, prepared by Good Land Engineering, except that access to all proposed lots shall be via the proposed private ingress/egress easement depicted, and a separate curb cut solely for the benefit of Lot C shall not be permitted. A copy of the proposed layout has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. Public drainage easements shall be required along the north and south sides of the site based on the field-surveyed locations of the existing public drainage ditch and public storm pipe. 3. A final subdivision plat for the proposed lots shall be submitted for review, approval, and recordation in accordance with the requirements of the City of Virginia Beach Subdivision Regulations. 4. Prior to recordation of the final subdivision plat, a legal document establishing a private cross-access reciprocal easement between the proposed lots shall be recorded. The document shall also include provisions for a shared maintenance agreement. 5. The architectural design and materials of the proposed single-family dwellings shall be consistent with the recommendations outlined in the imagineVB 2040 Comprehensive Plan for the area. Architectural elevations shall be submitted to the Planning Director for review and approval prior to issuance of building permits for proposed structures. 6. Should a front-loading garage be proposed for the lot adjacent to Hook Lane, the front facade of the dwelling shall be at least five feet wider than the garage and the garage shall be set back at least five feet farther than the house from the street, in accordance with the Shore Drive Corridor Design Guidelines. 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: Joyce Vennina To: Alexis Bailey Subject: 4716 Subdivision Regulations Date: Tuesday,October 13,2026 4:16:09 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. Good Afternoon Mr Bailey, Mr. Brishard met with the Beechwood Civic League on Thursday October 1 st 2026 and assured us that the Historical Culture of our community would not be compromised . A meeting was held and members of the civic league found no reason to object to the proposed project at 4716 Hook Lane 23455. Thank you Joyce Venning, Beechwood representative. .emu e (4 E.ich Z '�4yvv 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: November 10, 2026 (Deferred at October 20, 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 449 London LLC Page 2 of 4 75 DNL noise zone significantly limits the types of uses that can reasonably be developed on the site. Many of the office uses envisioned by the Comprehensive Plan are not considered compatible within APZ-1 under AICUZ guidance. In contrast, the proposed bulk storage yard is a low-intensity, low-occupancy use that does not concentrate employees or the public on the site for extended periods and is considered compatible with both the high noise zone and the accident potential zone. Staff finds that the proposal incorporates several design elements to reduce impacts on surrounding properties, including enhanced landscaping, preservation of existing wooded areas where feasible, fully shielded lighting, controlled site access, privacy fencing, and required stormwater management measures. While the proposal does not fully advance the Comprehensive Plan's long-term vision for mixed-use redevelopment, Staff believes the property's unique military compatibility constraints are a significant planning consideration. Given these constraints, the proposed bulk storage yard represents a reasonable and appropriate use of the property that balances the City's redevelopment goals with its longstanding commitment to protecting the operational mission of Naval Air Station Oceana. Staff received one letter of opposition to the request noting incompatibility with the surrounding residential neighborhood, location of the site within the Lynnhaven SGA, and proximity to sensitive waterways. The applicant met with surrounding property owners to discuss their concerns regarding potential noise impacts. In response, the applicant has agreed to establish quiet hours from 6:00 p.m. to 8:00 a.m., seven days a week. The applicant is willing to establish quiet hours should the City Council deem such a condition appropriate. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ 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. Conditional Rezoning 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; 449 London LLC Page 3 of 4 (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. Conditional Use Permit 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. 449 London LLC Page 4 of 4 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 Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �--� Submitting Department/Agency: Planning Department may; City Manager: Applicant i Property / 449 London Planning Commission • • • VB' City Council District: i Project Details Requests Conditional Rezoning (R-10 Residential District to Conditional 1-1 Light Industrial District) + —KAVEN f REMI 1 eko P� LYNNRNER DR Conditional Use Permit (Bulk Storage Yard) 1 L" ll 1 s«,THEw,e�w - Staff Recommendation Approval - / 1 Nrri l _ Staff Planner P - I Marchelle Coleman . � Location �� r r1-p� 2548 Potters Road T r 14,71H. GPIN 1497733185 Site Size �- +1f`i i ! . T 2.89 acres AICUZ 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 Flo 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 # Request 1 CUP (Residential Kennel)Approved 11/24/2009 2 MDC Approved 11/27/2001 CUP (Church Addition)Approved 06/08/1999 R10 10 2 11 � 02 s R9 R5D� 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 area eenstFa*Red by„ „tal f +, Fes that limit f„twFe d l + ti 4. [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. 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). R 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 Traft Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2— 10 ADT Potters Road 5,450 ADT' 12,500 ADT 1(LOS 4 "D") Proposed Land Use 3—No Trip Generation Data Available ' Average Daily Trips 'As defined by a 3As defined by a bulk 4LOS = Level of single-family dwelling storage use Service Master Transporta tion 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. v 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 27, 2026 and November 3, 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 26, 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 November 6, 2026. 449 London LLC Agenda Items 9 & 10 page 9 of 17 SITE DATA: GPIN:14977331850000 . TOTAL AREA:2.891 AC • EXISTING ZONING:R10 PROPOSED ZONING:CONDITIONAL 1-1& CONDITIONAL USE PERMIT TOTAL SF OF FENCED LOTS:47,513(14 LOTS) 80'X40'STORAGE LOTS:12 a 80'X40'STORAGE LOTS:2 PARKING SUMMARY: THERE ARE NO PARKING REQUIREMENTS FOR A a e STORAGE YARD. .. .7"JFvllr7, r w' vsYrt xaw Wwll 'il I W I T - • r1 i +r f 1 L { f Concept Plan - Bulk Storage Q .� p g Legend For 449 London L.L.C. o Virginia Beach, VA 23454 ,, s , —17 Source: YHB 4c� O Cl. . Prepared for McLeskey vt' l0 O Date: 05/29/2026 r Y'Proposed Landscape Plan 0 aim - a a g s o zz o -jw f=o W < = w dF _ w u N d F H 0 aLU C. M a t ITS N_ •3 � �Yffi V yw o"av Q21 SU3 Z d 5 V o�=� Z6 t10 a i< •- a w < O 6ri W a_ 3.0 �_ 8 - o i o wY t :n iv S I-I o � pY� ri CY fill ' V o K J i r l7 2 w x Z z + V vi ,mr, Z Q . x AdX3 ts7t9�11A =3 z w S voIQ,a - !! 449 London LLC Agenda Items 9 & 10 page 11 of 17 Se Ptatas . . f C w � d!/F ♦w�7 Mts� e Site Photos ►t � ti '-r 17 z �s ,tl� ; . 44 ti e � � s Disclosure CITY OF DisclosureVIRGINIA 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 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: os listed on opplicotion 449 London LLC, a Virginia limited liability company 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?YesQ Noo if yes,name Representative. R. Edward Bourdon, Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yesl,• No0 If yes,list the names of all officers,directors,members,or trustees below AND businesses thot have o parent-subsidiary'or affiliated business entity'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 • ijr 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(j) ;t yes,norne the official or emoioyee,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 O Disclosure Statement I rev. May-2024 page 1 of 3 449 London LLC Agenda Items 9 & 10 page 14 of 17 Disclosure SECTIONAPPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0 Matt Mader,VHB Legal Services O 0 R Edward Bourdon.Jr,Esq.,Sykes Bourdon,Ahern&Levy.P.C. APPLICANT CERTIFICATION READ:I certify that all information contowed 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 om responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. William Wilcox, Member , ., Applicant Name(Print) Applic Signatur Date" "Parent subsidiary relrtionshrp'rnearas"a re/atr0, nip that s when one corporation directly or indirectly owns shares possessing more than 50 p 'cent of the -xrng power of 000ther corporation.'"See State and Local Government Conflict of interests Act,VA.Code 4 2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(6) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shored management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the same person own or rrnonoge the two entities;there are Cnmmoin or commingled fonds or assets;the business entities shore 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,Vo Code¢2.2-3101, FOR CITY USE ONLY: No changes as of(date): 10/26/2026 Marchelle L. Coleman ������� � 10/26/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-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 26A Vill R10 R�1�0 Io P --- a o R5D 0 ® site 449 London LLC N Zoning 2548 Potters Road %, 1: 0 Property Polygons Feet 0 37.5 75 150 225 300 Map created by Planning Department on 8/11/2026 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 28rs 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 Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for 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 quo 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 meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions 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 CIerk'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 �Oxember STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of J_Une 2026,by William Wilcox, Member of 449 London LLC, a Virginia limited liability company, Grantor. Notary Public Jennifer Krelsah Rawlings My Commission Expires: YY�tvyc In aI NOTARY PUBLIC Notary Registration Number: 00118 393 � ' �'mg e�7 is �' Re Corn.Exp.March 31,2028 5 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 Anne 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 Jaynes 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/Proffer Agreenient.docx 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 I-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 Moor'ani 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: Plannina 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 facility 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 Plan 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 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VB INVESTMENTS, LLC [Applicant] B & L INVESTMENT GROUP LLC [Property Owner] Conditional Rezoning (B-2 Community Business District to Conditional A-18 Apartment District) for the property located at 700 & 724 Baker Road (GPINs 1468221483, 1468221519). COUNCIL DISTRICT 4 (Ross- Hammond) MEETING DATE: November 10, 2026 ■ Background: The applicant is requesting a Conditional Rezoning from B-2 Community Business District to Conditional A-18 Apartment District to develop the 1.66-acre site with a 23-unit townhome-style condominium development, resulting in a density of 13.9 dwelling units per acre. The site is currently developed with a day-care center and a commercial office complex. As depicted on the proffered conceptual site plan, the proposed development will consist of five three-story buildings with a maximum building height of 33 feet 8 inches. Vehicular access will be provided by a shared driveway from Baker Road. The proposed maximum lot coverage is 41.8 percent, which complies with the 50-percent maximum permitted for multiple-family dwellings in the A-18 Apartment District pursuant to Section 602(d) of the Zoning Ordinance. Proposed site improvements include street frontage and building foundation landscaping along Baker Road, interior parking lot landscaping, and an 8-foot-tall, earth-toned panel-style vinyl PVC fence. The proposed landscaping appears to satisfy the applicable Zoning Ordinance and Site Plan Ordinance standards, with a comprehensive review of planting, landscaping, and screening requirements to be conducted during final site plan review. Right-of-way improvements are also proposed in accordance with the proffered conceptual plans, including improvements to the existing sidewalk along Baker Road to provide an 8-foot-wide side path along the entire site frontage, consistent with the City's Active Transportation Plan. A 5-foot-tall, freestanding monument-style sign with the required landscaping is proposed at the development entrance. Each unit will include a one-and-a-half-car garage and a two-car driveway, with an additional six guest parking spaces provided throughout the development, thereby satisfying the two off-street parking spaces per unit required by the Zoning Ordinance. ■ Considerations: VB Investments, LLC Page 2 of 3 Staff finds, and the Planning Commission concurred, that the request to conditionally rezone the 1.66-acre site from B-2 Community Business District to Conditional A-18 Apartment District for a 23-unit townhome-style condominium development is acceptable and supportive of the imagineVB 2040 Comprehensive Plan. The proposed density of 13.9 dwelling units per acre and three-story building design are consistent with the surrounding Type 2 Neighborhood context and provide an appropriately scaled transition from the existing commercial uses. The development incorporates pedestrian-friendly improvements, including an 8-foot- wide side path along Baker Road, consolidated vehicular access, and homes oriented toward the public right-of-way to enhance the streetscape. The proposal also exceeds applicable parking requirements, is not expected to negatively affect school enrollment, and is anticipated to generate fewer daily vehicle trips than the existing commercial development. The Fire Marshal's access and circulation comments have been satisfied, with further review to occur during final site plan review. Overall, Staff and the Planning Commission support the Conditional Rezoning, subject to the proposed proffers. 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 October 14, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Proffer 1 When the Property is redeveloped, it shall be improved with a twenty-three (23) unit townhome condominium community with fencing, landscaping, access, community identification signage and parking substantially as shown on the exhibit entitled "BAY LANDING TOWNHOMES 700 & 724 BAKER ROAD VIRGINIA BEACH, VA 23462", dated 04/28/2026 and revised 09/21/2026, prepared by Painted Fern Landscape Architecture, which has been exhibited 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 this reference (hereinafter "Conceptual Master Plan") Proffer 2 The architectural design and features, along with the height, primary exterior building materials and colors of the buildings depicted on the Conceptual Master Plan will be substantially as depicted and described on the three (3) page exhibits entitled, "BAY LANDING —4 UNIT TOWNHOUSE — FRONT ELEVATION", BAY LANDING —4 UNIT TOWNHOUSE — REAR ELEVATION"; and BAY LANDING —4 UNIT TOWNHOUSE — LEFT SIDE ELEVATION", dated 09.16.2026 (hereinafter "Building Elevations") and "BAY LANDING —4 UNIT TOWNHOUSE — FRONT VIEW"; "BAY LANDING —4 UNIT TOWNHOUSE — REAR VIEW"; and "BAY LANDING —4 UNIT TOWNHOUSE — LEFT VIEW' (hereinafter "Building Renderings"), dated 9/8/26 prepared by OneSpace VB Investments, LLC Page 3 of 3 Architects. The Building Elevations and Building Renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference. Proffer 3 When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty (30) days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 4 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 1',—) Submitting Department/Agency: Planning Department City Manager:�0 Agenda Item 7 A•• C Investments, LLC Property • C & L Investment Group LLC Planning Commission ' • October1 • V_B� CouncilCity 1istrict: District 4 (Ross-Hammond Project Details Request Conditional Rezoning (B-2 Community Business District to Conditional A-18 Apartment District) CP Ot C'PLPUPEATTE CR F Y OQ4GN(44F COy`Tl Stag`Recommendation BPO p O n r W TT Approval nmm ^P m= o Staff Planner Marchelle Coleman J�yE�s9 9 y LN "G UPY sl3.o tF` GENt .� S FPNSMAW 4to �, T< yq CT - Location P 2. Q a a P2 Ct. 'fs BENTCTY"9 700 &724 Baker Road �� zi S p'P =A 6P�'E"a`t N6UR�o Zs Wgyti/ lju" co GPINs } N tilsrEp PNPy ¢ >R�OP.ft N 1468221483 & 1468221519 3.......°°`E Y NEst Ga` r m Z SANG Fc FR' P S'y�tii�c( j'n SEP E`��G� yfES9C`Np yrCF ta\N�0.$ A RPoh Site Size MPv pLLE{ f m q Z 1 Ct a Z o 1.66 acres s BPS Pic i= n La fs P�QS� �� AII.UL Less than 65 dB DNL Watershed Chesapeake Bay , o Existing Land Use and Zoning District Day-Care Center, office complex/ B-2 Community 0s pO�NG Business �6 P Surrounding Land Uses and Zoning Districts North _ Regent Lane r`Q Multi-family dwellings/A-18 Apartment South � t Baker Court •" Multi-family dwellings/A-18 Apartment V Q East Multi-family dwellings/A-18 Apartment West Baker Road Multi-family dwellings/A-18 Apartment VB Investments, LLC� Agenda Item 7 page 1 of 20 Background SummaryofProposal • The applicant is requesting a Conditional Rezoning from B-2 Community Business District to Conditional A- 18 Apartment District to develop the 1.66-acre site with a 23-unit townhome-style condominium development, resulting in an overall density of 13.9 units per acre. • The site is currently developed with a day-care center on one lot and a commercial office complex on the other. • As depicted on the proffered conceptual site plan, the proposed development consists of five three-story buildings, including three buildings with four units, one building with five units, and one building with six units.The buildings will have a maximum height of 33 feet 8 inches. • Vehicular access to the development will be provided by a shared driveway from Baker Road. • The proffered conceptual site plan depicts a maximum lot coverage of 41.8 percent, which complies with the 50-percent maximum lot coverage permitted in the A-18 Apartment District for multiple-family dwellings pursuant to Section 602(d) of the Zoning Ordinance. • As shown on the proffered building elevations, the proposed buildings will be finished with premium vinyl siding, premium vinyl board and batten, white PVC trim, black vinyl windows, and a gray stone veneer water table. • The applicant proposes street frontage and building foundation landscaping along Baker Road, as well as interior parking lot landscaping throughout the site. Based on the conceptual site plan, the proposed landscaping appears to satisfy the applicable Zoning Ordinance and Site Plan Ordinance standards. A comprehensive review of all planting, landscaping, and screening requirements will be conducted during final site plan review. • Right-of-way improvements are proposed in accordance with the proffered conceptual plans. Consistent with the City's Active Transportation Plan, the existing sidewalk along Baker Road will be improved to provide an 8-foot-wide side path along the entire frontage of the site. • An 8-foot-tall panel-style vinyl PVC fence in an earth-tone/tan color is also proposed, as depicted on the proffered conceptual site plan. • A 5-foot-tall, freestanding monument-style sign is proposed at the development entrance, with the required landscaping provided around the sign. • As specified in Section 203(b)(11.1) of the Zoning Ordinance, a reduced parking requirement of one-half space per dwelling unit is permitted for developments located within one-half mile of a covered bus stop. A covered bus stop is proposed along Baker Road directly adjacent to the site (CIP 100050.009A); however, there is no specific timeline for installation, as such reduced parking could not be utilized since the covered bus stop is not currently in place. Each unit will include a one-and-a-half-car garage and a two-car driveway, with an additional six guest parking spaces provided throughout the development. Therefore, the proposed u VB Investments, LLC Agenda Item 7 page 2 of 20 development exceeds the applicable Zoning Ordinance parking requirements by providing a minimum of two off-street parking spaces per unit, in addition to the six guest parking spaces. HistoryZoning # Request Oo G CRZ (B-2 Community Business to A18 Conditional A-18 Apartment) Approved N A18 �� VN 1 07/02/2013 CUP (Church) Approved 06/23/2009 CUP (Church) Approved 03/11/1997 �\ A18 f 62 �tt<L�S � A18 NPK�NGt qY 132 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 to conditionally rezone this 1.66-acre site from B-2 Community Business District to Conditional A-18 Apartment District for the construction of 23 multi-family townhouse-style units is acceptable. Under the imagineVB 2040 Comprehensive Plan, the subject site is located within the Business Special Use Place Type and is surrounded by Type 2 Neighborhoods. While the Business Place Type is intended to accommodate business and service uses that provide services to surrounding communities, the surrounding Type 2 Neighborhood designation recognizes areas that may include a range of housing types, including townhomes and apartments, alongside neighborhood-serving commercial and service uses.The proposed 23- unit townhome-style condominium development provides a residential use and housing type that is consistent with the range of housing contemplated within the surrounding Type 2 Neighborhood context. At 13.9 units VB Investments, LLC Agenda Item 7 page 3 of 20 per acre, the proposed density also falls within the density range identified for Type 2 Neighborhoods, which the Comprehensive Plan notes can range from 4 to 20 or more units per acre. The request also provides an opportunity to transition two existing developed commercial properties into a cohesive residential development designed at a scale compatible with the surrounding area.The proposed development consists of five three-story buildings with a maximum height of 33 feet 8 inches. The buildings will provide a townhome-style residential form rather than a large-scale apartment building, with each unit having an individual one-and-a-half-car garage and a two-car driveway. In addition, six guest parking spaces will be provided throughout the development. Overall, the proposed development provides parking in excess of the applicable Zoning Ordinance requirements while supporting the residential character and scale of the development. The proposed site design also incorporates several elements consistent with the Comprehensive Plan's design principles.The Plan encourages development to connect to existing sidewalks and walkways and to provide opportunities for walking and cycling connections into adjacent neighborhoods. Consistent with these principles, the applicant is proposing improvements to the existing Baker Road sidewalk to provide an 8-foot- wide side path, consistent with the City's Active Transportation Plan.The development will also utilize a shared driveway from Baker Road, providing a consolidated point of vehicular access while maintaining pedestrian improvements along the site's frontage and ultimately closing four existing entrances. In addition, the proposed homes will face Baker Road, creating a more intentional and attractive presence between the development and the public right-of-way.This orientation will provide a more cohesive streetscape by presenting the front elevations of the homes toward Baker Road, rather than having the development appear primarily oriented towards internal drives or parking areas.Together with the enhanced pedestrian connection and consolidated access,this design approach will create a more visually appealing and pedestrian-oriented frontage along Baker Road and contribute to a development pattern more compatible with the surrounding area. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. 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 indicated that they have no concerns with the proposed development. 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 Baker Road. The conceptual site plan has been reviewed by the Fire Marshal's Office, which provided a comment that a dedicated fire department turnaround is required at any location where a dead-end fire department access road exceeds 150 feet. This comment has been satisfied, per the Fire Marshal's Office and no concerns were raised regarding the proposed access, circulation, or overall layout. Further review will be conducted during the final site plan review process. Traffic Engineering has reviewed the request. Based on the anticipated trip generation associated with the proposed 23-unit multifamily residential development, the project is expected to generate approximately 164 average daily trips (ADT), compared to approximately 710 ADT generated by the existing commercial VB Investments, LLC Agenda Item 7 page 4 of 20 development. Therefore, the proposed residential development is anticipated to result in a reduction of daily traffic than the existing commercial use. Overall, Staff finds that the proposed Conditional Rezoning provides an appropriate redevelopment opportunity for an already-developed site and introduces a residential development pattern that is compatible with the surrounding Type 2 Neighborhood context. The proposed density, townhome-style building form, building height, parking, landscaping, screening, architectural materials, and Baker Road pedestrian improvements collectively provide a development that is appropriately scaled and designed for the surrounding area.The request also advances Comprehensive Plan principles related to providing a mix of housing types, supporting walkable and connected neighborhoods, maintaining human-scaled development, incorporating landscaping, and creating attractive and vibrant settings. For these reasons, Staff supports the Conditional Rezoning from B-2 Community Business District to Conditional A-18 Apartment District, 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 When the Property is redeveloped, it shall be improved with a twenty-three (23) unit townhome condominium community with fencing, landscaping, access, community identification signage and parking substantially as shown on the exhibit entitled "BAY LANDING TOWNHOMES 700 & 724 BAKER ROAD VIRGINIA BEACH, VA 23462", dated 04/28/2026 and revised 09/21/2026, prepared by Painted Fern Landscape Architecture, which has been exhibited 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 this reference (hereinafter "Conceptual Master Plan") Proffer 2 The architectural design and features, along with the height, primary exterior building materials and colors of the buildings depicted on the Conceptual Master Plan will be substantially as depicted and described on the three (3) page exhibits entitled, "BAY LANDING —4 UNIT TOWNHOUSE—FRONT ELEVATION", BAY LANDING—4 UNIT TOWNHOUSE—REAR ELEVATION"; and BAY LANDING —4 UNIT TOWN HOUSE—LEFT SIDE ELEVATION", dated 09.16.2026 (hereinafter "Building Elevations") and "BAY LANDING—4 UNIT TOWNHOUSE—FRONT VIEW"; "BAY LANDING—4 UN IT TOWN HOUSE— REAR VIEW"; and "BAY LANDING —4 UNIT TOWN HOUSE— LEFT VIEW" (hereinafter "Building Renderings"), dated 9/8/26 prepared by OneSpace Architects. The Building Elevations and Building Renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference. VB Investments, LLC Agenda Item 7 page 5 of 20 Proffer 3 When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty(30) days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 4 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information Under the imagineVB 2040 Comprehensive Plan, the subject site is located within the Business Special Use Place Type and is surrounded by Type 2 Neighborhoods.The Business Place Type is intended to provide an attractively designed setting for groups of business and service uses that are distinct from the Center, Institutional, and Industrial Place Types (p. 170, imagineVB 2040 Comprehensive Plan).The Comprehensive Plan further states that the Business Place Type is expected to provide services to surrounding local communities and accommodate a considerable number of daily trips (p. 170, imagineVB 2040 Comprehensive Plan). The surrounding Type 2 Neighborhood Place Type is characterized as a moderate-to higher-density residential setting that provides a range of housing options, including single-family homes, townhomes, and apartments, alongside neighborhood-serving commercial and service uses (p. 36, imagineVB 2040 Comprehensive Plan). The Comprehensive Plan further explains that Type 2 Neighborhoods include zoning districts that allow both single-and multi-family homes, with densities ranging from 4 to 20 or more units per acre, and that these areas typically include small-scale civic and retail uses that residents can access by walking, biking, or rolling(P. 101, imagineVB 2040 Comprehensive Plan).The overarching goal of the Type 2 Neighborhood Place Type is to support the design and maintenance of well-landscaped, safe, and vibrant settings that accommodate a mix of single-family and multi-family housing types together with neighborhood-serving commercial and service uses (p. 178, imagineVB 2040 Comprehensive Plan). The Comprehensive Plan's design policies further emphasize connectivity, pedestrian accessibility, appropriate building scale, and high-quality site design within these areas.The Plan encourages opportunities for exclusive walking and cycling connections into adjacent Centers and neighborhoods and directs development to connect sites to existing public sidewalks and walkways (p. 179, imagineVB 2040 Comprehensive Plan).The Plan also encourages the provision of bicycle storage near building entrances and, where applicable, the use of alleys or side-yard driveways to provide access to detached or rear garages (p. 179, imagineVB 2040 Comprehensive VB Investments, LLC Agenda Item 7 page 6 of 20 Plan). In addition, the Plan encourages gentle increases in density when promoting attainable housing and recommends that building exteriors maintain a human scale that helps people relate to the size of the building (p. 179, imagineVB 2040 Comprehensive Plan). Building design and site aesthetics are also addressed through recommendations for long-lasting, attractive, and high-quality materials, as well as architectural features such as front porches, windows, and balconies that face surrounding streets (p. 179, imagineVB 2040 Comprehensive Plan).These principles are intended to reinforce a pedestrian-oriented environment and strengthen the relationship between buildings, streets, and surrounding neighborhoods. The Comprehensive Plan also places an emphasis on preserving and enhancing the natural environment through site design. Specifically, the Plan encourages the preservation of existing upland and wetland tree stands whenever possible and recommends the incorporation of shading and cooling strategies through structures, technology, and landscaping(p. 180, imagineVB 2040 Comprehensive Plan).The Plan further recommends the use of landscaping to enhance site aesthetics and biodiversity through the incorporation of native plants throughout the site (p. 180, imagineVB 2040 Comprehensive Plan). Collectively, these land use and design policies support development that is appropriately integrated with surrounding neighborhoods, provides neighborhood-serving uses, promotes pedestrian and bicycle connectivity, incorporates human- scaled and high-quality building design, and enhances landscaping and environmental features consistent with the long-term vision of the imagineVB 2040 Comprehensive Plan. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-710 ADT Baker Road 12,550 ADT' 15,400 ADT 1(LOS 4 "D") Proposed Land Use 3- 164 ADT ' Average Daily Trips 2As defined by a 'As defined by 23 4LOS = Level of 1,400 SF day care & townhome style units Service 10,000 SF commercial VB Investments, LLC Agenda Item 7 page 7 of 20 Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Baker Road is a two-lane undivided Minor Suburban Arterial Roadway in the vicinity of this site with a variable right-of-way width. This section of Baker Road is included in the MTP as a 2-lane minor collector roadway within a 70-foot right-of-way. There are currently no CIP projects scheduled for this segment of Baker Road. Active Transportation Plan(ATP) The Active Transportation Plan calls for the improvement of the existing sidewalks on Baker Road to an 8-foot- wide side path. Public Utility Impacts Water There is an existing 12-inch city water main and an existing 30-inch city raw water main within Baker Road. The site currently connects to city water. Sewer There is an existing 10-inch city sanitary sewer force main along Baker Road. There is an existing 8-inch city sanitary sewer force main within the 5-foot public utility easement along the northern property line of 700 Baker Road. PU will not permit the proposed building to be constructed over the existing force main. School • . School Current Enrollment Capacity Generation' Change' Tri-Campus Elementary 1,269 students 1,303 students 1 student 1 student Bayside Middle 900 students 965 students 1 student 1 student Bayside High 1,819 students 2,005 students 1 student 1 student 1 "Generation" represents the number of students the development will add to the school. 2 "Change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 14, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 30, 2026, and October 7, 2026. VB Investments, LLC Agenda Item 7 page 8 of 20 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on September 28, 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 October 81 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 27, 2026 and November 3, 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 26, 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 November 6, 2026. VB Investments, LLC Agenda Item 7 page 9 of 20 SJ ilt Da"a SIGNAGE NOTES FENCE NOTES Site Area. 11.655.A,. •ra.sln.att■m.s-:,�Y.xsx asa: rwasr.Erey:zas l-.cwlrowl. jinn PrererlJ YM Tra4on) n.wtt■a re■v2rerr.or+very - lVE caruvawfaeV,@e-1. GPIN'e 1468-22-1519 118E-22-I03 o*■Yw•I.rsaerr�; as Hdw.g Zoning 32 Nri+Yw'awu'+is+i+s.+rts.;IR a Ya is+a=-csee r.r.n�a:.w'v Hrirling live Commercial Proposed Zoning Condition.)AIE - Pelted Fern Pmposed Use Cando/Multi-Femi17 Pabst rTo a w Proposed ure111ng C.H. Z7 Tomeomee(E ER/2 EA) BAY �I unit./Ac. t19.9 r 6 Yarlmum lot C.—ge 50%(_s6.101 SF) Proposed Lot Coverage 41.8%(}10,181 SF) .,, n Hequ3red Puking 23:1 SPeae/unit (.' pmided Perking 46 n/1.5 C.,G.nge And a G@e.t Spaces ---- anrti srr-EEExcE ❑ _AYO -KEY 40CErIIA M1pE9EM I 'rJosD 12C Y-4r IMF73 n s e 1 a4'xnl oat�t �h fl Iv x7., � 9 3■nt 31eC<'::n,i""P})'SY I ... .`.. /Y// /� ///�� / !/ / !' / / E ar;:em @e MI(F rrr,OF G W i eEY't JFT&C PKKCY_JE C ■Mp wY'47Eu a 3C'MRaf Hi f r4.oa s4o.ut OL a 1 Arv�. 'er�'r 'I-x 9c11'r AMF;sF m[ra nw t aaR) „ AM slur 1ME m; 'nrm CL Y rlwt ro) T T l,-T- -T .- -r - T II O W > 1e W 4 re.wa.sa_ 12 T 14 3 E_"@It t.1 L 1 J_ 1 J 1: � _1 J-1_ 1 1 Is aE lFwa.t II ae elelri�4@ \ `J p_Il.__ { Iver �I ►� e z t6 4vIFD4 lIXA p.ar RAC 2;1T4r3C X LR V4■A II E '�� ■ 3 @ 1 3 ,'E 1 1 :� Q 8 (� AWN 1: 5iL1W.l'nS I[r.:Y t"J.i f W I II T F TI T 7 fT-.. Tl . TF T T T+ 1- �y J 11 4° ;CICKI a FMI�-- A I I I I '' I f I I 19 :-ow a'mr,Sim .. 1. r f m •COe[PJIL ST i1V EYSD l•].awr13 R!R%i P aElr I YY�4 (� LE-;i ¢r iw->7-'r:trsar.rv�ws,r_.ur■zw(\ala ne:s/Ixru:+. mr i.ss-:2-ns x+aa x raF.tt us;slams az:rrn�.x, 1 � = 4 �1 Y 7r uutssow Ye la arselE ax ieE wl r.<ru.realer�,te ran ___ — — ._ ._. _ — — — _ nn N sea a on■.Yol N�uv val ar M ue aoM TL use■r Ym r u no-=mrJe lees lu,r_m10•ssoesm I■tle lealo r eo ue @;sY■ia Nra6@wa Ner Nm.s.,s..foaitmw.inrtanr I ircaba�U,Yfi5Ye1!_�NFrSr��In[II�Y4�Yl I ) 1 r• � � 9#741GY 9901NrA a ersm r]rsal AnfS arana IN,noe @ @!NS➢eLL s[PNY'n ( N rtB11•r N:wet s a■Ns IC�.r"F.enE wc:nra en H,ae.u t YYM 10:6r 11111^_r H CeRYEIq 9rli e'le SOn RP]rnn S N p1eY:IN • • X7:: .• oEr -W— W 5 ILIAtf7i.Plla�ew4r,•rm YMU: r-a 0U � rNr KM rD 3 N v O O m `n A' 3 0 -�j n Proposed Building Elevations WlI c PREMIUM VNYI_ "RITE PREMIUN VNY BOARD k BATTEN BOARD 6 BATTEN BLACK VINYL wNOCW wN WTE PVC TWM YM 7 W -E PREMUM VNrL 1 I BOARD d BATTEN 0 ID l� BLACK VINYL WNDOW WTH SOFT GREEN PVC TRIM j ED SOFT GREEN r— PRENIUM"N SIDING 0 I � GRAY STONE VENEER WATER I , TABLE I E—WYTE aREM1UM 'ACN VINYL I—COB8a STONE LUG";MIST `BUCK VINYL VINYL SANG WNOOW NTH PRLMtUV VINYL P INYL REMIUM V "wow NTH FRONT ELEVATION MaB,E STONE SIDING SIDING LIGHT MST PyV TRIM PVC MIN r-BLACK VAYL WNDOW 'WTR;COBBLE STONE PVC TRW ---� BLACK ANY. P WTH Wri1TE PVC TRIP t � . ' i WF9TF _ PREMIJIM 3 BATTEN BUCK NNYI.NND,D, � . WTH LIGHT MIST PVC TRIM I __ m I � f 1 LIGHT MST PRD"VINYL I BLACK VINYL SIDING WIDOW NTH SOT GREEN PVC TRIM 77 SOPT GREEN PREWUY VINYL SONG CRAP STaiE VENEER . i WATER TABLE 1`COBBLE STONE L_AHITE PREMIUM REAR ELEVATION WMILIM"N� NBVYL swRc VB Investments, LLC Agenda Item 7 page 11 of 20 Proposed Building Elevations LHW-11TE PREMIUM VINYL 00 -----BLACK VINYL WINDOW WITH SOFT GREEN PVC TRIM 7- PREMIUM VINYL SIDING GRAY STONE VENEER WATER TABLE LEFT SIDE ELEVATION VB Investments, LLC Agenda Item 7 page 1Jof20 Proposed Building Renderings m m E i 7 ttt Ill tit #X4 "BAIL,LANDING—4 UNIT TOWNHOUSE FRONT VIEW 0.85E T f£N[�M#.CS RtmWCESR�S MFHURMSW.C'ON[FpIiJk PUpP0.5ESON1Yif4 HNM Gf Ig,pNG MRY YAFV ENOM THE CON(FPiUK UESWN LNG i}+l.RiM;ECt t%i:NffS.'RCE AgCMSE4T5<ANNOf BE 1klU EihRIEUR FE5IKNVSIBtEFpi THE SRMF.' .f w a . _ i - IIlIIlI II iiiii�iillllllll } W% Al LA`d��is�� 4 UNIT TOWNHOUSE REARVIEW Proposed Building Renderings -------------- a r I T SIDE VIEW �$ aX'IUsxNt f,e UM1IS�'. • '4t Cf5N'aW11Lm.9�N nMM WMFKOM fkS C(uiC,F1'NK OF•JuN•M1U TY aP.LlRS�F OR6MSPK:L NKMLKtttAVNC)f BE ML�::.� - Site • • •' , x " VB Investments, LLC Agenda Item 7 page 15 of 20 i �.�.... t :e x' f ",. r w Uzi,, .. .�. ;,.r_..,.„ _' ...� &": VB Investments, LLC Agenda Item 7 page 16 of 20 Disclosure CITY OF_ ■ • _ --il� 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 farm is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application VB Investments, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yeso Nol If no,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(�)Noo If yes,list the names of OR 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.) Enzou,Manager&Sole Member Does the subject property have a proposed or pending purchaser? Yes • No If yes,name proposed or pending purchaser: the applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesQ NoQ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name emit and/or individual) Financing(mortgage,deeds of trust, © 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor (F) ® Jason Loizou,JL Commerical Real Estate Disclosure Statement I rev. May-2024 page 1 of 3 VB Investments, LLC Agenda Item 7 page 17 of 20 Disclosure DISCLOSURESECTION 1: APPLICANT • -• SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation C) Architect/Designer/Landscape O O Neha Vishwakarma&Jinal Kothan,1 Space Architects Architect/Land Planner Construction Contractor e Engineer/Surveyor/Agent (i) 0 Jason Thomas,Painted Fern Landscape Architecture Legal Services Q O R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Jason Loizou, Manager �� �fi� 0A 6 6 Applicant Name(Print) A�jg,t Signature —�`Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the 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): 10/26/2026 Marchelle L. Coleman _ r' 10/26/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev.�M a y-2024 page 2 of 3 VB Investments, LLC Agenda Item 7 page 18 of 20 Disclosure SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application B& L Investment Group, L.L.C., a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yesl Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Manager/Member:Jason Loizou;Members:Adam Beck&Andreas Loizou Does the subject property have a proposed or pending purchaser? Yes No® If yes,name proposed or pending purchaser: VB Investments, LLC, a Virginia limited liability company 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 NoO 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 (Nome entity and/or individual) _ Financing(mortgage,deeds of trust, ® © Southern Bank&Trust Company cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Q Jason Loizou,JL Commercial Real Estate Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape • Architect/Land Planner Neha Vishwakarma,1 Space Architects Construction Contractor O Engineer/Surveyor/Agent IF) © Jason Thomas,Painted Fern Landscape Architecture Legal Services k!) O R.Edward Bourdon,Jr.,Esq,Sykes,Bourdon,Ahem&Levy,P.C. PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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 cgmmittee in connection with this application. Jason Loizou, Manager j �j , `t ?.g a-a)t Property Owner Name(Print) Property'11rwner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 VB Investments, LLC Agenda Item 7 page 19 of 20 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. VB Investments, LLC Agenda Item 7 page 20 of 20 C 2 GtiN�VN N ON A18 �o rRECCis w,qY K gP� ti B2 �s ® site VB Investments, LLC Zoning 700 & 724 Baker Road 0 Property Polygons Feet 0 45 90 180 270 360 Map created by Planning Department on 10/9/2026 VB INVESTMENTS, LLC,a Virginia limited liability company B & L INVESTMENT GROUP,L.L.C.,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 2801 day of April, 2026, by and between VB INVESTMENTS, LLC,a Virginia limited liability company,party of the first part,Grantor;B &L INVESTMENT GROUP, L.L.C.,a Virginia limited liability company,party of the second part, Grantor and THE CITY OF VJRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part,Grantee. WITNESSETH: WHEREAS, the party of the second part, Grantor is the owner of two (2) parcels of property located in District #4 in the City of Virginia Beach, Virginia, containing approximately 1.658± acres as more particularly described as "THE PROPERTY" on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part, Grantor as the contract purchaser of the Property 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 Classification of the Property from Conditional B-2 Community Business District to Conditional A-18 Apartment District;and GPIN: 1468-22-1483 1468-55-1519 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23,462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that 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 protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise;and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Apartment 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 party of the first part, 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 >l Lo io for zoning,rezoning,site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is redeveloped, it shall be improved with a twenty-three (23)unit townhome condominium community with fencing,landscaping,access,commm-lity identification signage and parking substantially as shown on the exhibit entitled "BAY LANDING TOWNHOMES 700&724 BAKER ROAD VIRGINIA BEACH,VA 23462",dated 2 04/28/2026 and revised 09/21/2026, prepared by Painted Fern Landscape Architecture, which has been exhibited 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 this reference (hereinafter"Conceptual Master Plan") 2. The architectural design and features, along with the height,primary exterior building materials and colors of the buildings depicted on the Conceptual Master Plan will be substantially as depicted and described on the three (3) page exhibits entitled, "BAY LANDING - 4 UNIT TOWNHOUSE - FRONT ELEVATION", BAY LANDING - 4 UNIT TOWNHOUSE - REAR ELEVATION"; and BAY LANDING - 4 UNIT TOWNHOUSE - LEFT SIDE ELEVATION", dated 09.16.2026 (hereinafter "Building Elevations") and "BAY LANDING - 4 UNIT TOWNHOUSE - FRONT VIEW"; "BAY LANDING - 4 UNIT TOWNHOUSE - REAR VIEW"; and "BAY LANDING - 4 UNIT TOWNHOUSE - LEFT VIEW" (hereinafter"Building Renderings"),dated 9/8/26 prepared by OneSpace Architects. The Building Elevations and Building Renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beads Department of Planning and Community Development and are incorporated herein by this reference. 3. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Conunonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty (30) days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the A-18 Apartment District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and 3 Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded, said instrument shall be void. The Grantors covenant and agree that- (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia 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, abatennent, 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; 4 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of tine Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: VB Investments,LLC, a Virginia limited liability company By: (SEAL) Jason ou, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this"Ab day of April,2026, by Jason Loizou, Manager of VB Investments, LLC, a Virginia limited liability company, Grantor. Public My Commission Expires: Nota>y Registration Number:Go 1610-1 1 CRYSTALMARIEM IKAN NOTARY PUBLIC REGISTRATION*00370711 COMMONWEALTH OF VIRGINIA MY COwMAiSSION D�fRES AUGUST31,2Q211 6 WITNESS the following signature and seal: Grantor: B &L Investment Group, L.L.C., a Virginia limited liability company By: (SEAL) Jas 'zo anager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of April,2026, by Jason Loizou, Manager of B & L Investment Group, L.L.C., a Virginia limited liability company,Grantor. taiy Public My Commission Expires: " aA Notary Registration Number:003'1021 t ��-_ CRYSTAL MARIE#MLLIKAN NOTARY PUBLIC REGISTRATION R 0070711 COMMONWEALTH OF VIRG'NvfA MY C0A1WSSI0N E%PIRESAUG0F' . ;n20 7 EXHIBIT"A" THE PROPERTY PARCEL 1: ALL THAT certain lot,piece or parcel of land lying, situate and being in the City of Virginia Beach, Virginia and known, numbered and designated as Lot B, 1.025 Acres, as shown on that certain plat entitled "Subdivision of Property of Daniel H. Templeton and Associates, Bayside Borough, Virginia Beach, Virginia", dated March 22, 1978 and made by Harold C. Warren,Jr., Land Surveyor, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 128,at Page 54. GPIN: 1468-22-1483 PARCEL 2: ALL THAT certain lot, piece or parcel of land situate in Bayside Borough of the City of Virginia Beach, Virginia, and being a portion of parcel "B" on that certain plat entitled "Survey of Property for Banks Enterprises, Incorporated", dated June, 196 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 76, at Page 10. The property being more particularly bounded and described as follows: BEGINNING at a point on the eastern line of Baker Road in the dividing line between the property of Banks Enterprises,Incorporated and the property now or formerly J.C. Hudgins Estate as shown on said plat;thence North 26 degrees,34 minutes,26 second West along the eastern line of Baker Road 92.93 feet to a point;thence North 63 degrees 25 minutes 34 seconds East 151.81 feet to the dividing line aforesaid;thence South 76 degrees 40 minutes 39 seconds West 256.85 feet to the point of beginning. Also shown as 0.634 Acre on a plat entitled "Subdivision of Property for Banks Enterprises, Incorporated, Bayside Borough - Virginia Beach,Virginia",dated June,1969 and recorded in the aforesaid Clerk's Office in Map Book 80,at Page 45. GPIN: 1468-22-1519 AM/"Conditional Rezoning/`B&L Investment Grp/Proffer Agreement.dou 8 Virginia Beach Planning Commission October 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #7 VB Investments, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next item on the consent agenda is item number 7,VB Investments,LLC. Is there a representative here today? Welcome back,Attorney Bourdon. Are the conditions acceptable? Mr. Bourdon: Yes,they are. As proffered, and I wanted to mention, since it was brought up in the informal, my client will be meeting with housing,and we are hopeful that some of these units will be affordable under the city's program. Thank you. Appreciate being on the consent agenda. Thank you. Ms. Byler: Thank you. You may be seated. Is there any opposition to this item being added to the consent? Hearing none, I've asked Commissioner Moorjani to read it into the record. Ms.Moorjani: The applicant, VB Investments,LLC, is requesting to rezone the current property located on 700 and 724 Baker Road from B-2 Community Business to Conditional A-18 Apartment District to develop a twenty-three-unit multifamily condominium community. We have received no opposition,therefore we have placed it on the consent agenda. Ms. Byler: Thank you, Commissioner Moorjani. (The following dialogue reflects the discussion to approve the item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda,the several records of minutes and agenda items 2, 6, 7, 10, 11, and 12. I make a motion that these items be approved by consent. Mr. Plumlee: Second. I do abstain from the one visit, but I was inquiring, 4 and 5 was removed off the consent? Ms. Byler: That's correct. Mr.Plumlee: Okay,I just wanted to be clear. Thank you. Ms. Alcock: If I could just make one point of clarification, Item 2 was also pulled from the consent agenda. Ms. Byler: Oh,thank you for that correction. So the remaining items on the consent agenda, just for clarity, items 6, 7, 10, 11, and 12. Mr. Coston: Motion has been made for approval by Vice Chair Byler and seconded by Commissioner Plumlee. Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 6, 7, 10, 11, and 12 have been recommended for approval by consent. Mr. Coston: If you had an application that was on the consent agenda today,your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tally Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X Byler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moor'ani X Mauch X Proffers Proffer 1 When the Property is redeveloped, it shall be improved with a twenty-three (23) unit townhome condominium community with fencing, landscaping, access, community identification signage and parking substantially as shown on the exhibit entitled "BAY LANDING TOWNHOMES 700 & 724 BAKER ROAD VIRGINIA BEACH, VA 23462", dated 04/28/2026 and revised 09/21/2026, prepared by Painted Fern Landscape Architecture, which has been exhibited 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 this reference (hereinafter"Conceptual Master Plan") Proffer 2 The architectural design and features, along with the height, primary exterior building materials and colors of the buildings depicted on the Conceptual Master Plan will be substantially as depicted and described on the three (3) page exhibits entitled, "BAY LANDING —4 UNIT TOWNHOUSE — FRONT ELEVATION", BAY LANDING —4 UNIT TOWNHOUSE — REAR ELEVATION"; and BAY LANDING —4 UNIT TOWNHOUSE — LEFT SIDE ELEVATION", dated 09.16.2026 (hereinafter "Building Elevations") and "BAY LANDING — 4 UNIT TOWNHOUSE — FRONT VIEW"; "BAY LANDING — 4 UNIT TOWNHOUSE — REAR VIEW", and "BAY LANDING —4 UNIT TOWNHOUSE — LEFT VIEW' (hereinafter "Building Renderings"), dated 9/8/26 prepared by OneSpace Architects. The Building Elevations and Building Renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference. Proffer 3 When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty (30) days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 4 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. 1A ro 'ti S�u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SECTORSITE TOWER ASSETS L.L.C. [Applicant] SECTORSITE TOWER ASSETS L.L.C., GREAT EASTERN RESORT CORPORATION, AND VICINITY HOLDINGS LLC [Property Owners] Conditional Rezoning (0-2 Office District to Conditional B-2 Community Business District), Conditional Use Permit (Mini-Warehouse), and Conditional Use Permit (Bulk Storage Yard) for the property located at 3386 Holland Road and 3396 Holland Road (GPIN 14868270070002, 14868270070001, 1486815934). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: November 10, 2026 (Deferred at October 6, 2026, CC Hearing) ■ Background: The applicant is requesting a Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit for Mini- Warehouse, and a Conditional Use Permit for a Bulk Storage Yard in order to develop and operate a Mini-Warehouse Facility that includes fully enclosed storage units, covered storage units for boats and RVs, and surface storage spaces. The site is a two-unit land condominium. Unit A occupies the front portion of the site and contains a building occupied by a church and offices, which will remain in the 0-2 Office District. Unit B occupies the rear portion of the site and is subject to the proposed Conditional Rezoning and Conditional Use Permits. The proposal includes a gated self-storage facility with 25 fully enclosed storage units, 12 covered storage spaces, and 14 open-surface storage spaces. The fully enclosed storage spaces will be 16 feet in height and will consist of metal siding and corrugated steel roll-up doors. The metal exterior will be painted beige with earth-tone accents. Per Section 904(b) of the Zoning Ordinance, zoning lots in the B-2 Community Business District that are adjacent to an apartment district require a 15-foot-wide landscape buffer with Category IV plantings along all adjoining lot lines. The applicant proposes to retain a 20-foot-wide Category IV landscape buffer along the northeastern property line to buffer the facility from the adjacent residential uses. In accordance with Section 228 of the Zoning Ordinance, the Bulk Storage Yard is required to provide Category VI screening, consisting of a six-foot-tall solid fence with Category I plantings. The facility will be surrounded by an 8-foot-tall neutral- colored composite fence. The applicant proposes to retain a 15-foot-wide buffer of existing mature trees and vegetation along the northwestern property line, a 20- Sectorsite Tower Assets L.L.C. Page 2 of 5 foot-wide Category IV landscape buffer along the northeastern property line, a 6- foot-wide Category IV landscape buffer along the southeastern property line, and a 5-foot-wide Category IV landscape buffer along the southwestern property line. The applicant is requesting a deviation from the Bulk Storage Yard screening requirements, specifically the installation of plantings along the southeastern and southwestern property lines. The applicant has indicated that they would be unable to install the required landscaping due to the limited space and existing utility and drainage easements within these areas, as well as the location of the communication tower at the front of the property. While Mini-Warehouses require one space per employee on the maximum working shift, since the applicant is not proposing any employees, there is no parking required on the site. The applicant is, however, proposing five customer parking spaces. ■ Considerations: These requests are in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it pertains to infill development. The proposed self-storage facility is surrounded by both commercial and residential uses and provides a service to the surrounding businesses and residences. Additionally, the proposed use is located at the rear of the site, minimizing visibility from Holland Road, and existing vegetation is proposed to remain along the northwest property line, with new landscape buffers proposed along the northeast and east property lines to screen the proposed uses. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 9, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Conditional Rezoning Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully Sectorsite Tower Assets L.L.C. Page 3 of 5 engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 2 The Access Road will remain in its current state, except for modifications made to the entrance as depicted on the Conceptual Site Plan and it will continue to provide ingress, egress and access to the SECTORSITE Property over the GREAT EASTERN Property and to serve the conditional and permitted uses on each. The portions of the GREAT EASTERN Property outside the Access Road will remain 0-2 Office District. Proffer 3 All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 4 All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 5 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. Conditional Use Permit for Mini-Warehouse 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Sectorsite Tower Assets L.L.C. Page 4 of 5 Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Conditional Use Permit for Bulk Storage Yard 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated FebFuary 25August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. Sectorsite Tower Assets L.L.C. Page 5 of 5 3. The fence shall be developed in substantial conformance with the exhibit on page 14 of this Staff Report which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 4. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. Storage within the outdoor bulk storage yard shall be limited to boats, and RVs, and operable vehicles. 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 0 Agenda A••licant: Sectorsite Tower Property Owners: Sectorsite Tower Assets L.L.C., Great Eastern Resort Corporation, • Vicinity Holdings CouncilPlanning Commission Public Hearing: September 9, 2026 City 1 '• Project Details Requests Conditional Rezoning (0-2 Office District to Conditional B-2 Community Business District) Q\P�oF°��`� e��oF �Sy^ q�L"hQpQ� °N( Conditional Use Permit (Mini-Warehouse) W° Conditional Use Permit (Bulk Storage Yard) ONE 6v�i .TdF9°� hO OyYF c SP,�`HG SNpNj� Staff Recommendation Approval �i- W S -� MNDR!°il°E "O °FOR RRU�p Rp 1- Cl T04 z Staff Planner �. ° Rp5E0a,PR eti� �0 9°cF Alexis Bailey Location s °� 3386 Holland Road &3396 Holland Road , GPINsv1� PQ 14868270070002, 14868270070001, 1486815934 °EL°"`RE5 440 a= Site Size F M R 2.164 acres A/CUZ 65-70 dB DNL; Sub-Area 3, 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office/0-2 Office Surrounding Land Uses and Zoning Districts North Semi-detached dwellings/A-12 Apartment South Holland Road Multiple-family dwellings/ PD-H1 Planned Unit Development East Mini-Warehouse/ B-2 Community Business West Childcare Education Center, office/ 0-2 Office, B-2 Community Business Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 1 of 22 Background SummaryofProposal • The applicant is requesting a Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit for Mini-Warehouse, and a Conditional Use Permit for a Bulk Storage Yard in order to develop and operate a Mini-Warehouse Facility that includes fully enclosed storage units, covered storage units for boats and RVs, and surface storage spaces on a portion of this 2.164-acre site. • The site is a two-unit land condominium. Unit A occupies the front portion of the site and contains a building occupied by a church and offices, which will remain in the 0-2 Office District. Unit B occupies the rear portion of the site and is subject to the proposed Conditional Rezoning and Conditional Use Permits. • The proposal includes a gated self-storage facility with 25 fully enclosed storage units, 12 covered storage spaces, and 14 open-surface storage spaces. • The fully enclosed storage spaces will be 16 feet in height and will consist of metal siding with galvanized or red-oxide light gauge framing with corrugated steel roll-up doors.The metal exterior will be painted beige with earth-tone accents. • The facility will be open from 7:00 a.m. to 9:00 p.m. daily. Although the facility will be unmanned, it will be monitored remotely via video cameras. • Per Section 904(b) of the Zoning Ordinance, when a zoning lot within a B-2 Community Business District adjoins an apartment district without an intervening street, alley, or body of water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required along all lot lines adjoining the residential or apartment district. The applicant proposes to retain a 20-foot-wide Category IV landscape buffer along the northeastern property line to buffer the facility from the adjacent residential uses. • Section 228 of the Zoning Ordinance requires the Bulk Storage Yard area to be enclosed by Category VI screening, which consists of a minimum six-foot-tall solid fence with Category I plantings. The facility will be surrounded by an 8-foot-tall neutral-colored composite fence. Additionally, the applicant proposes to retain a 15-foot-wide buffer of existing mature trees and vegetation along the northwestern property line to buffer the facility from adjacent office uses, a 20-foot-wide Category IV landscape buffer along the northeastern property line to buffer the facility from the adjacent residential uses, a 6-foot-wide Category IV landscape buffer along the southeastern property line, and a 5-foot-wide Category IV landscape buffer along the southwestern property line.The applicant is requesting a deviation to the required landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance. The submitted site plan, depicted on page 11 of this report, includes an eight-foot-tall fence; however, the applicant is requesting a deviation to the installation of plantings along the southeastern and southwestern property lines.The applicant has indicated that they would be unable to install the required landscaping due to the limited space and utility and drainage easements along the entire perimeter and the location of the communication tower at the front of the property. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 2 of 22 • There is an existing 10-foot-wide VEPCO Easement along the northeastern property line, a 5-foot-wide utility and drainage easement along the entire perimeter of the site, and a stormwater pipe along the eastern property line, all of which impact the location and type of proposed plantings. • Per Section 203(a)(32) of the Zoning Ordinance, the parking requirement for a Mini-Warehouse is one space per employee on maximum working shift. Since the applicant is not proposing any employees for the Mini-Warehouse use, no parking spaces are required on site.The applicant is proposing five customer parking spaces. Zoning History YX # Request �k't2 o � 1 REZ Approved 01/16/2024 ME t <o �Q Fm�y CUP(Tattoo Parlor) Approved 01/16/2024 CUP (Truck&Trailer Rental) Approved 6 yK r 2 09/20/2022 CUP (Mini-Warehouse)Approved 09/20/2022 4B2 CUP (Communication Tower)Approved y° 1 3 11/20/2018 7 �� B2 O2 Al2 CUP (Church) Approved 07/14/2009 yp�o02 3 B2 CRZ (B-1A to Conditional B-2) Approved B2 10/17/2017 2 CUP (Tattoo Parlor& Body Piercing Establishment) 10/17/2017 MDC (Business &Vocational School) 04/07/2017 - 4 CUP (Vocational Use) Approved 03/03/2015 CUP (Child Care Education Center)Approved Application Types 02/08/2005 CUP: MDP: Modification of Proffers CUP (Religious Use)Approved 11/23/2004 Conditional NON: Nonconforming Use CUP (Religious Use)Approved 11/27/2001 Use Permit STC:Street Closure CUP (Religious Use) Approved 10/10/2000 REZ:Rezoning FVR: Floodplain Variance CUP (Religious Use) Approved 11/22/1994 CRZ: ALT Alternative Compliance 5 CUP(Religious Use)Approved 04/08/1992 Conditional SVR:Subdivision Variance Rezoning LUP: Land Use Plan 6 LUP Approved 08/17/1987 MDC: STR:Short Term Rental CUP (Auto Repairs &Services)Approved � Modification ification of Conditions 8 LUP Approved 12/31/1973 Evaluation - • • • In Staff's opinion, these requests for a Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit for Mini-Warehouse, and a Conditional Use Permit for a Bulk Storage Yard are acceptable. These requests are in keeping with the policies and goals set forth in the Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 3 of 22 Comprehensive Plan for the Suburban Area, as it pertains to infill development. The proposed self-storage facility is surrounded by both commercial and residential uses and provides a service to the surrounding businesses and residences. Additionally, the proposed use is located at the rear of the site, minimizing visibility from Holland Road and existing vegetation is proposed to remain along the northwest property line with new landscape buffers proposed along the northeast and east property lines to screen the proposed uses. As the site is currently heavily wooded, the applicant is proposing to retain to the existing mature trees and vegetation along the northwestern property line to satisfy the requirement for a 15-foot-wide buffer for adjacent office uses, and a 20-foot-wide Category IV buffer will be planted along the northeastern property line to buffer the facility from the adjacent residential uses. While there is no trip generation data available for the RV and boat Mini-Warehouse and Bulk Storage land use,, it is the option of Staff that this is a very low trip-generating land use and will generate less trips than the 724 anticipated trips generated based on the existing 0-2 Office Zoning District. The Fire Marshal's Office has reviewed the proposal and has no issues with the development. Further review will take place during the final site plan review. Based on these considerations, Staff recommends approval of these applications, subject to the proffers and recommended Conditional Use Permit conditions listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH,VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering,topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer The Access Road will remain in its current state, except for modifications made to the entrance as depicted on the Conceptual Site Plan and it will continue to provide ingress, egress and access to the SECTORSITE Property Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 4 of 22 over the GREAT EASTERN Property and to serve the conditional and permitted uses on each. The portions of the GREAT EASTERN Property outside the Access Road will remain 0-2 Office District. Proffer All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals.The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 4 All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions for Mini-Warehouse 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 5 of 22 b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Recommended Conditions for Bulk Storage Yard 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated February 25, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. The fence shall be developed in substantial conformance with the exhibit on page 14 of this Staff Report which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 4. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 6 of 22 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. Storage within the outdoor bulk storage yard shall be limited to boats and RVs. 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan includes this parcel within the Suburban Area. In the Suburban Area, the City seeks to create and maintain "Great Neighborhoods" including through complementary non-residential uses. (p. 1-60, Comprehensive Plan Policy Document) Parking areas should be located at the rear of the site when possible. Existing trees and vegetation should be preserved and incorporated into the overall site design. Commercial uses when developed adjacent to residential uses should utilize landscape design to provide screening and buffers between the uses. (p. B-7, Reference Handbook) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 7 of 22 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-0 ADT Existing Zoning—724 ADT based on 2.2 acres of 0-2 Office District Holland Road 32,200 ADTl 32,700 ADT 1(LOS a Zoning "D") Proposed Land Use 3—There is no trip generation data available for the RV bulk storage land use. However, this is a very low trip generating land use. 1 Average Daily Trips 3As defined by a mini- 4LOS = Level of 2As defined by an warehouse and bulk Service empty 2.2-acre lot storage yard for RVs and boats Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Holland Road, in the vicinity of this application, is considered a four-lane divided minor urban arterial. The MTP proposes a six-lane facility within a 165-foot right-of-way. There are currently no CIP projects to upgrade this section of Holland Road at this time. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water There is an existing 16-inch city water transmission main along Holland Road and there is an existing 8-inch city water main within the property. The site is currently connected to city water. Sewer There is an existing 8-inch city sanitary sewer gravity main along the northwestern corner of the property. The site is currently connected to city sewer. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 8 of 22 Public • • 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 27, 2026 and November 3, 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 26, 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 November 6, 2026. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 9 of 22 M.�pp �_. Ak I} .!i'/ �I I x}�-x5,+c �i i is -• �{ r..e�, -- f�Yi�'S€9€ I �H 11 I IC 1 1 1 a"` _ - W I -m w �. '„". M6Fcr sn�He1(prt w�1:k.a.s R.ie.!e.) nmwrm duew snC n.w Rvry > Q yyy M.. ,.• �. [k�•i v�rt�romrrm�iwvu[Kcm rroro �fi su Milk ,0.x,sr�w i�o-]u�O�Yx�KIIn Otl IG (D erEr n w .-.ews H x w nova rHm � wu E u um w H.nn�arm .O[T '9 RLy�fx sr.(xxd.q� � Qo p 3 D h - .'.a nvw�c Hans r,rowm n.,n n,oe�irm.�r rire�m�rsiwr°x•," %■7dT1 UQ O (D O In. i lzx ;; r-r O NCNTY W1P ...p.Ksy"•,�.�.:,.�.ax`�:��Ho'bs w:«`�o.,�°,,'r....a�. ':+,..�,a = (D °cuer-saav - D rDD NJLn N (D O W r N C) N .A Proposed Elevation for Enclosed and Covered Storage Covered Storage rt� Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 11 of 22 Proposed Elevation for Enclosed and Covered Storage COLOR Material EXTERIOR CLADDING: METAL SIDING PROFILES FRAMING: Option GALVANIZED OR RED-OXIDE LIGHT GAUGE FRAMING ROLL-UP DOORS: 26 GA.CORRUGATED STEEL DOORS Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 12 of 22 Proposed Fence R . a 4 a' �L. Y^' � ry � Site • • 3 w .f Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 14 of 22 Site Photos s. avv v v v v v v v v v v v v v v v .......... .. ilk SAM s I= < xc 14 xilis ` N x, Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 15 of 22 Disclosure V BEACH Statement VIRGINIA Disclosure The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this 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 Sectorsite Tower Assets L.L.C. 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?YesO No© If yes,name Representative: Lisa M. Murphy, 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 2 relationship with the applicant.(Attach list if necessary.) Dan Gechtman,Sole Member of Sectorsite Tower Assets,L.L.C. There are no affiliates. Does the subject property have a proposed or pending purchaser? Yes No • if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 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, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev.�May 2024s page 1 of 3 Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 16 of 22 Disclosure SECTIONDISCLOSURE -. SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O 0 Architect/Land Planner Construction Contractor © 0 Engineer/Surveyor/Agent CMI Engineering and Construction Services Legal Services © 1 Lisa M.Murphy,Esq.Willcox&Savage,P.C. 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 ublic hearing,(am responsible for updating the information provided herein three weeks prior to the m e ing of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body or committe i connection with this application. Sectorsite Tower Assets L.L.C. Sectorsite Tower Assets L.L.C. By, Applicant Name(Print) Name Title: f Date L Z -4r- 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§2.1-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when N one business entity has a controlling ownership interest In the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the 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 CITYUIiLY SE x y�; W No changes as of(date): 10/21/2026 Alexis Bailey %// r l ,;G{ 10/21/2026 Staff Name(Print) Staff Signature Date Disclosure statement I rev. May-2024 page 2 of 3 Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 17 of 22 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application VICINITY HOLDINGS LLC _ Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yes•Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or a iliated business entity z relationship with the applicant. Attach list If necessary.) ✓� o �i�t./�'� Air o/r��v�; UN /� �c�r�-� I Does the subject property have a proposed or pending purchaser? Yes 0 No* if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No 1 yes,name the o idol or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, Q cross-collateratization,etc.) I Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation C) is I Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Is Engineer/Surveyor/Agent 01 0 ' Le al Services 0 r-0-11, PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this form is complete,true,and accurate.i understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. VICINITY HOLDINGS LLC VICINIPTiOSRy- ---- 51� z� Pro art YOwner Name(Print) Name Title-__� — rr G-.Li Dat Disclosure Statement I rev. May-2024 page 3 of 3 Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 18 of 22 Disclosure uo nxcv w,upyuwuvu v Nv Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesgNoo 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.) Exh ibit hibit"A"attached Does the subject property have a proposed or pending purchaser? Yes Noo If yes,name proposed or pending purchaser: Sectorsite Tower Assets, LLC, a New Jersey LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No 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 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 �0 Accounting/Tax Return Preparation 0 v Architect/Designer/Landscape O ry Architect/Land Planner (o Construction Contractor O C Engineer/Surveyor/Agent_ 0 (g _ Legal Services O er PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing, l am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Great Eastem Resort Corporation BY: Property Owner Name(Print) Property Owne nature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Sectorsite Tower Assets4L.L.C. Agenda Items 12, 13, & 14 page 19 of 22 Disclosure Statement Exhibit A Great Eastern Resort Corporation (GERC) Corporate Info. > (Developer) Corporate Entity > Great Eastern Resort Corporation (Al TRC Officers reported to FinCEN 12/2024) Chairman &CEO President&COO Steven C.Krohn Executive Vice President Matthias N-Smith Vice President Vice President John C.Alvarez Vice President Vice President Michael W.Owens Vice President Mark S.Wagner VP/CFO/Treas/Asst.Sec. Courtney E.Wenleder Treasurer Secretary/General Counsel John C.Alvarez Secretary Directors- Class I(through 2025)Chair Class ll(through 2026) Steven C.Krohn Class I(through 2025) Class II(through 2026) Class I(through 2025) (Classes are for TRC only;TRC Directors reported to FinCEN) Matthias N.Smith Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 20 of 22 Disclosure Exhibit A (continued) Parent Company:The Resorts Companies, Inc. Affiliates: • Recreational Resorts, Ltd. • Great Eastern Resort Management, Inc. • Peak Construction Company • Great Eastern Waterpark, LLC • Recreational Resorts Management, LLC Subsidiaries: • Spotswood Trail, LLC • Great Eastern Belleview, LLC • Great Eastern nelson Hopkins, LLC • Great Eastern Village Festival, LLC • Great Eastern Rentals, LLC • Great Eastern Western Slope, LLC Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 21 of 22 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. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 22 of 22 S� O R\ONOe P o� Al2 �o��5�°, 02 y �o O/2 -/"*\ B 2 ROS CII PR t Al2 tio`ltioo<< 90�2 B2 °�'0 02 B2 G site Sectorsite Tower Assets L.L.C. Zoning 3386 Holland Road & 3396 Holland Road Property Polygons Feet 0 45 90 180 270 360 Map created by Planning Department on 9/8/2026 SECTORSITE TOWER ASSETS L.L.C., a New Jersey limited liability company AND GREAT EASTERN RESORT CORPORATION, a Virginia corporation TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or"Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between SECTORSITE TOWER ASSETS L,L.C., a New Jersey limited liability company, being referred to herein as ("SECTORSITE"), to be indexed as grantor, and GREAT EASTERN RESORT CORPORATION, a Virginia corporation ("GREAT EASTERN"), to be indexed as grantor (SECTORSITE and GREAT EASTERN are collectively referred to herein as"GRANTOR")and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as("GRANTEE"). WITNESSETH: WHEREAS, SECTORSITE is the owner of that certain parcel of partially improved real property located in the City of Virginia Beach, Virginia, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference("SECTORSITE Property"); WHEREAS,GREAT EASTERN is the owner of that certain improved parcel of real property located in the City of Virginia Beach,Virginia, adjacent to the SECTORSITE Property, as more particularly described in Exhibit A,attached hereto and incorporated herein by reference("GREAT EASTERN Property"); WHEREAS, SECTORSITE has entered into an agreement with GREAT EASTERN for the purchase of the GREAT EASTERN Property; WHEREAS, the GREAT EASTERN Property and the SECTORSITE Property are Units A and B, respectively, of that certain condominium entitled "3386 Holland Road Office Park Condominium",located at 3386 Holland Road,Virginia Beach,Virginia created by Amended and Restated Declaration of Condominium executed by DRD, LLC and Great Eastern Resort Corporation dated April 18, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20080515000566450, as corrected by Instrument Number 20110930001012780(collectively, "Condominium Declaration'),and as shown on that certain plat entitled, "Supplemental Condominium Plat of 3386 Holland Road Office Park Condominium (Instrument#200408 1 1 01 26246),Virginia Beach, Virginia"dated GPIN Nos.: 1486-82-7007-0002&Portion of 1486-82-7007-0001 Prepared by: Lisa M.Murphy,Esquire(VSB#39111) Willcox&Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 July 2, 2007,prepared by John E. Sirine and Associates, Ltd. and recorded as Instrument Number 20080515000566440("Supplemental Condominium Plat") and as recorded and rerecorded with the aforesaid Condominium Declaration; WHEREAS,pursuant to Section 6.5 of the Condominium Declaration, the SECTORSITE Property was conveyed certain rights of ingress and egress over the"Access Road"(as such term is defined in the Condominium Declaration) located on the GREAT EASTERN Property, which is further described and depicted on the Supplemental Condominium Plat as being comprised of the portions of the GREAT EASTERN Property labeled"VARIABLE WIDTH COMMON INGRESS/EGRESS EASEMENT(D.B. 2100,P.790), and"VARIABLE WIDTH INGRESS/EGRESS EASEMENT ESTABLISHED FOR THE BENEFIT OF UNIT B (6,171 SQ. FT.)"; WHEREAS,GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the SECTORSITE Property and the Access Road,from 0-2 Office District to Conditional B-2 Community Business District, and has applied for conditional use permits to operate a mini-warehouse and bulk storage yard on the SECTORSITE Property to be served by the Access Road(collectively,"Pro a "); WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach,Virginia("Zoning Mau")with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW,THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest,voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit,or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property,which shall be binding upon the 2 Property and upon all parties and persons clainring under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The SECTORSITE Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD,VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council"), is on file with the Virginia Beach Department of Planning &Community Development("Planning Department")and is included herein by this reference. Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The Access Road will remain in its current state, except for modifications made to the entrance as depicted on the Conceptual Site Plan,and it will continue to provide ingress,egress and access to the SECTORSITE Property over the GREAT EASTERN Property and to serve the conditional and permitted uses on each. The portions of the GREAT EASTERN Property outside the Access Road will remain 0- 2 Office District. 3. All onsite signage shall meet the requirements of the City Zoning Ordinance,unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. 4. All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. 5. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council;provided, however,in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. All references herein to the B-2 Community Business District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, shall continue in 3 full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however,may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia("Clerk's Office")and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach,Virginia,to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing,that any noncompliance with such conditions be remedied, and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action,suit,or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. 4 WITNESS the following signature and seal. GRANTOR: SECTORSITE TOWER ASSETS L.L.C., a New ey limited liability company By: (SEAL) Name: `ram Title: t't5 COMMONWEALTH/STATE OF Nrw CITY/COUNTY OF t oy-(, S , to wit: The foregoing instrument was acknowledged before me this 2 7 day of Jc,n�tivh , 2026 by b Gh;c k Gcct \ h v,rt,as pK f;,��A of SECTORSITE TOWER ASSETS L.L.C., a New Jersey limited liability company, on behalf of said compan [SEAL] Notary i Zgistr=n No:Commission Ekpires: � Notary Public,State of New Jersey S{ My Commission Expires Apr 20,2026 e [Signatrn•e Page to Pi•offei•ed Covenants, Reslrictions and Conditions] WITNESS the following signature and seal. GRANTOR: GREAT EASTERN RESORT CORPORATION, a Virginia corporation By: -'" (SEAL) Name: 1.0�f .Idorevo Title: COMMONWEALTH/S ATE OF 4 !,HVCOUNTY OF ,to wit: The to ego'n instrument was c ge be re me this day of , 20 by , as j T of GREAT T RESORT CORPORATION, a Virginia corporation,on behalf of sai ompan [SEAL] EC,A,R'RIE K KIMBROUGH NO a ubllcNOTARY PUBLIC ISTRATION t7562867 R gistration No: NWEALTH OF VIRGINIAO UNE OI 2029 PIKES My Commission Expires: [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants,Restrictions and Conditions Legal Description of the Property SECTORSITE Property: (GPIN; 1486-82-7007-0002) ALL THAT certain lot,piece or parcel of land, with the buildings and improvements thereon and all appurtenances thereunto situate,known as Unit B,containing 2.164 acres in that certain condominium entitled "3386 Holland Road Office Park Condominium", located at 3386 Holland Road,Virginia Beach,Virginia created by Amended and Restated Declaration of Condominium executed by DRD,LLC and Great Eastern Resort Corporation dated April 18,2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,as Instrument Number 20080515000566450, as corrected by Instrument Number 20110930001012780(collectively,"Condominium Declaration"),and as shown on that certain plat entitled, "Supplemental Condominium Plat of 3386 Holland Road Office Park Condominium(Instrument#200408110126246),Virginia Beach,Virginia" dated July 2,2007, prepared by John E.Sirine and Associates,Ltd. and recorded as Instrument Number 20080515000566440("Supplemental Condominium Plat")and as recorded and rerecorded with the aforesaid Condominium Declaration,together with an undivided interest in the common elements appertaining thereto,pursuant to the condominium instruments. GREAT EASTERN Property: (GPIN: 1486-82-7007-0001) ALL THAT certain lot,piece or parcel of land, with the buildings and improvements thereon and all appurtenances thereunto situate, known as Unit A,containing 1.619 acres in that certain condominium entitled "3386 Holland Road Office Park Condominium", located at 3386 Holland Road,Virginia Beach,Virginia created by the Condominium Declaration,and as shown on the Supplemental Condominium Plat recorded and rerecorded with the aforesaid Condominium Declaration,together with an undivided interest in the common elements appertaining thereto,pursuant to the condominium instruments. Access Road: (A portion of GPIN: 1486-82-7007-0001) ALL THAT certain portion of Unit A,in that certain condominium entitled"3386 Holland Road Office Park Condominium", defined as "Access Road"in Section 6.5 of the Condominium Declaration, as described and depicted on the Supplemental Condominium Plat as consisting of those areas labeled"VARIABLE WIDTH COMMON INGRESS/EGRESS EASEMENT(D.B. 2100, P. 790) and"VARIABLE WIDTH INGRESS/EGRESS EASEMENT ESTABLISHED FOR THE BENEFIT OF UNIT B (6,171 SQ. FT.)". A-1 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #12, 13, 14 Sectorsite Tower Assets, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next three items will be heard together. They are Items 12, 13,and 14 and that is the Sectorsite Tower Assets, LLC. Is there a representative here today? Welcome, Attorney Murphy. Please state your name for the record. Ms. Murphy: Good afternoon, Chair, Vice Chair, members of the Planning Commission, and staff. For the record,my name is Lisa Murphy, local zoning attorney. I'm here today on behalf of the applicant, Sectorsite Tower Assets, LLC. We appreciate all of Alexis Bailey's work on this and being placed on the consent agenda, with the 2 slight modifications to the conditions that Alexis mentioned. One is with regard to the date of the concept plan for the bulk storage yard, conditional use permit, and that just lines up the conditional rezoning, conditional use permit for mini warehouse and bulk storage. So they all have the same date. And the other was just a clarification that operable vehicles can also be stored or parked at the storage bulk storage yard. Happy to answer any questions. Ms. Byler: Thank you. You may be seated. Is there anyone here in opposition to this matter? All three of these matters being placed on the consent agenda. Hearing none, I have asked Commissioner Moorjani to read it into the record. Ms. Moorjani: The applicant, Sectorsite Tower Assets, LLC, is requesting 3 items: one, a conditional rezoning from office district to conditional community business district; two, a conditional use permit for a mini warehouse; and three,a conditional use permit for a bulk storage yard in order to develop and operate a mini warehouse facility. That includes fully enclosed storage units, covered storage units for boats and RVs, and surface storage spaces. The Planning Commission recommends approval of the request with the following modifications:one,updating condition number one for the bulk storage yard to reflect a concept Plan date of August 14, 2026, and two, updating Condition number six for the bulk storage yard to allow storage of operable vehicles in addition to the boats and RVs. We have received no opposition. Therefore, we have placed it on the consent agenda. Ms. Byler: Thank you, Commissioner Moorjani. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda,three records of minutes, and Items number 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19. I make a motion that these matters be added. Ms. Cuellar: Second. Mr. Coston: It has been moved by Vice Chair Byler and seconded by Commissioner Cuellar. Is there anybody abstaining from this vote? Mr. Plumlee: I'm abstaining from the single item of the minutes from the visit. The visits always happen before I am able to conduct my conflicts check, and therefore I do not attend them until I understand whether there's a conflict. Thank you. Mr. Coston: Madam Clerk. Could you please open the vote? Clerk: The vote is open. Commissioner Moorjani your vote. By a recorded vote of 10 to 0, with the aforementioned abstentions, all aforementioned minutes and Items 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19 have been recommended for approval by consent. Mr. Coston: Thank you, Madam Clerk. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applications, applicants on the consent agenda, thank you for your participation, and you may remain in the meeting, or you may either virtually or in person. But you're free to leave. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Proffers Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH,VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering,topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer The Access Road will remain in its current state, except for modifications made to the entrance as depicted on the Conceptual Site Plan and it will continue to provide ingress, egress and access to the SECTORSITE Property over the GREAT EASTERN Property and to serve the conditional and permitted uses on each.The portions of the GREAT EASTERN Property outside the Access Road will remain 0-2 Office District. Proffer All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals.The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 4 All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. Conditions for Mini-Warehouse 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD,VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Conditions for Bulk Storage Yard 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD,VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated February 25, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. The fence shall be developed in substantial conformance with the exhibit on page 14 of this Staff Report which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 4. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signs. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. Storage within the outdoor bulk storage yard shall be limited to boats and RVs. 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. rJNw�iy�\ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GIUSEPPINA POLLICE & MARISA CORSALE [Applicants] EUGENIO CORSALE [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 993 Autumn Harvest Drive (GPIN 1466823051). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: November 10, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Family Day-Care Home for up to 12 children, ages 2 to 5, within an existing 2,304-square-foot single-family dwelling. The proposed Day-Care Home will operate from 6:30 a.m. to 5:30 p.m. Monday through Friday, with staggered drop-off and pick-up times to avoid traffic congestion. The applicant intends to utilize the fenced-in backyard to provide an outdoor play area for the children. An above-ground pool, connected to a back deck, is located in the backyard. Pool and deck access requires ascending a small staircase. The applicant plans to install a 4-foot-tall metal gate at the entrance of the steps to limit pool and deck access to children. Conditions 8 and 9 are recommended to ensure the area is properly enclosed. ■ Considerations: Staff finds the request to be acceptable. The site is located within a Type 1 Neighborhood which envisions a well-landscaped, quiet, and safe setting for single-family homes. The use will provide a needed and valuable service to the community and is considered compatible. One letter of support and six letters of opposition were received about the request. Those in opposition noted concerns related to safety, effect on property values, traffic impacts, and noise. Ultimately, the Planning Commission recommended approval of the request with modifications to Condition 1 to reflect a maximum of 10 children, rather than the original request of 12, and the addition of Condition 10 to require the applicant to install a side railing to the steps on the back deck. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On October 14, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 6 to 4. Giuseppina Pollice & Marisa Corsale Page 2 of 3 1. The Family Day-Care Home shall be limited to a total of 42 10 children. 2. The final number of children permitted in the Family Day-Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines, but not to exceed the number granted under Condition 1 of this Conditional Use Permit. 3. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 4. Any parking for the Family Day-Care Home shall utilize the on-site parking spaces or available public parking. 5. Arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day- Care Home. 8. Access to the pool and deck area shall be restricted to prevent children from accessing these areas. The pool and deck area shall be enclosed by a solid structure, fence, or gate at least four feet in height and constructed of a non- climbable material. The enclosure shall be maintained for so long as this Conditional Use Permit remains active. 9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at least four feet in height and constructed of non-climbable, maintenance-free material, such as vinyl plank or composite, and shall be maintained for so long as this Conditional Use Permit is active. 10.A side railing shall be installed along the steps leading to the deck and maintained for the duration of this Conditional Use Permit. 11.City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Giuseppina Pollice & Marisa Corsale Page 3 of 3 Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (1) Letters of Opposition (6) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Ckly City Manager:(0 AgendaItem • Property • • Corsale CouncilPlanning Commission Public Hearing: October 14, 2026 VB, City - • Project Details Request Conditional Use Permit (Family Day-Care Home) sF4R , f- PNY'itly![��en4xy Staff Recommendation a \ `.4 Approval ,p Wgr� 6r 7 u� i0a Staff Planner } w7 j J Arianna Low / �� A1. i Y 2 y°C Q Location�< s'+ 993 Autumn Harvest Drive f� Y` °// `(+� / GPIN 14 ' a 1466823051 Site Size r'a7Y 14,134 square feet AII.UZ r_CT� vs FT' PRYF Ij �� Less than 65 dB DNL Watershed ;.• Southern Rivers , Existing Land Use and Zoning District n Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling/ R-10 Residential of aR Southo Autumn Harvest Drive t� Single-family dwelling/ R-10 Residential East Single-family dwelling/ R-10 Residential West Single-family dwelling/ R-10 Residential Giuseppina Pollice and Marisa Corsale Agenda Item 9 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to 12 children within an existing single-family dwelling. The 2,304 square-foot dwelling is located on a 14,134 square-foot parcel within the R-10 Residential District. • The applicant is proposing to provide care for up to 12 children, ranging from 2 to 5 years of age, in order to provide a Montessori-inspired learning environment promoting independence, creativity, and school readiness. The final number of children will be determined by the Virginia Department of Education during the state permitting process, but cannot exceed 12. • The applicant is working on obtaining their Childcare License with the Virginia Department of Education. • The day-care will be operated by the applicants. No additional staff is anticipated at this time. The proposed hours of operation are 6:30 a.m. to 5:30 p.m., Monday through Friday, with staggered drop-off and pick-up times to avoid traffic congestion. • No exterior changes are proposed to the site, and the applicant intends to utilize the fenced-in backyard to provide an outdoor play area for the children. • There is an above-ground pool, connected to a back deck, in the backyard. Pool and deck access requires ascending a small staircase. The applicant plans to install a four-foot-tall metal gate at the entrance of the steps to limit pool and deck access to children. Condition 8 is recommended to ensure the area is properly enclosed. Giuseppina Pollice and Marisa Corsale Agenda Item 9 page 2 of 14 Zoning • No Zoning History to Report R10 0 A. a .c0+mo0 �0 R10 lyoc R10 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation • • • The request for a Conditional Use Permit for a Family Day-Care Home is, in Staffs, acceptable. A Family Day- Care Home will be a valuable service and is considered compatible with residential uses in the Comprehensive Plan's Type 1 Neighborhood. A Family Day-Care Home with four or fewer children is permitted by right in the Residential Districts. When the number of children in the day care increases to five or more, both state licensure and a Conditional Use Permit are required. The ultimate number will be determined by the Commonwealth of Virginia during the childcare licensing process; however, in no instance shall care be provided to more than 12 children at a given time. As stated previously, the outdoor play area, in the rear of the home, is fully enclosed by an existing fence. To provide for the safety of the children using the facility and to ensure compliance with applicable Department of Education requirements, Condition 8 is recommended to require that the pool be enclosed by a properly maintained fence or gate to limit access to the children. The applicant proposes installing a four-foot-tall metal gate to restrict children's access to the pool and deck area. As the outdoor play area will encompass the entire backyard of the property, an existing fence that meets the applicable requirements is already in place. The fence shall be maintained for the duration of the Conditional Use Permit, as specified in Condition 9. Giuseppina Pollice and Marisa Corsale Agenda Item 9 page 3 of 14 Staff is recommending that pick-up and drop-off times be staggered to avoid the potential for congestion in the right-of-way, as noted in Condition 5 below. Additionally, Staff recommends Condition 3 to limit the number of Home Occupations to one, to further minimize potential traffic impacts on the street. In Staffs view, the Family Day-Care Home will provide a needed and valuable service to the community and is generally a complementary use to residences, as stated in the Comprehensive Plan. Staff does not anticipate adverse impacts to the surrounding neighborhood. Staff recommends approval of this request, subject to the conditions listed below. Recommended Conditions 1. The Family Day-Care Home shall be limited to a total of 44-10 children. 2. The final number of children permitted in the Family Day-Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines, but not to exceed the number granted under Condition 1 of this Conditional Use Permit. 3. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 4. Any parking for the Family Day-Care Home shall utilize the on-site parking spaces or available public parking. 5. Arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 8. Access to the pool and deck area shall be restricted to prevent children from accessing these areas. The pool and deck area shall be enclosed by a solid structure, fence, or gate at least four feet in height and constructed of a non-climbable material. The enclosure shall be maintained for so long as this Conditional Use Permit remains active. 9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at least four feet in height and constructed of non-climbable, maintenance-free material, such as vinyl plank or composite, and shall be maintained for so long as this Conditional Use Permit is active. 10. A side railing shall be installed along the steps leading to the deck and maintained for the duration of this Conditional Use Permit. 11. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be Giuseppina Pollice and�Marisa Corsale Agenda Item 9 page 4 of 14 granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive • • The Comprehensive Plan identifies the site as being located within a Type 1 Neighborhood. The overarching goal of Type 1 Neighborhoods is to provide a well-landscaped, quiet, and safe setting for single-family homes. (p. 175, imagineVB 2040 Comprehensive Plan) ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Autumn Harvest Existing Land Use 2- 10 ADT No Data Available No Data Available Drive Proposed Land Use 3-48 ADT 1 Average Daily Trips 2As defined by a 'As defined by a 'LOS = Level of 2,304 SF Single Family 2,304 SF Dwelling— 1 Service Dwelling Unit & Daycare Master Transportation Plan(MTP)and Capital Improvement Program(CIP) - Giuseppina Pollice a*nd Marisa Corsale Agenda Item 9 page 5 of 14 Autumn Harvest Drive is a two-lane local residential street. The roadway is not included in the MTP, and no roadway CIP projects are slated for this area. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. Public Utility Impacts Wa ter and Sewer The site currently connects to city water and sewer. PublicOutreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 14, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 30, 2026, and October 7, 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 September 28, 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 October 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 27, 2026 and November 3, 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 26, 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 November 6, 2026. Giuseppina Po ice and Marisa Corsale Agenda Item 9 page 6 of 14 Proposed Layout a Proposed Outdoor Play Area (Grass .. Backyard) 5 s< . v Proposed Family Daycare F Home a �� v E f C Giuseppina Pollice and Marisa Corsale Agenda Item 9 page 7 of 14 Rendering ofGatefor Pool Enclosure i. 4*0016 Y �1 st`y Giuseppina Pollice and Marisa Corsale Agenda Item 9 page 8 of 14 Site Photos -77 Nv r i j •• •• • • Site Photos f3ri (( irir iormtsf-_€1 �.1. - — r.. gam.. F. , x 4 t k Disclosure Statement v—B- VIRGINIA Disclosure BEACH Statement The ciik*swres wnwimed in tiros lofm are nerassary to m1wm poblAr officWs wJw may vor+e on the A0107 iort AE to ride tffr they!love 4)COPfl ct of mtefest un*t V##Md r tier.ConWrtion and s bm-fui r of this J w"is that pertain to City real estate matters ot to to develbpowor anar use of properly in the City of ii4mv lurch r rttirin- rxcrion by the City Courxit boord� ci5mmilsLank or other SECTION APPLICANT INFORMATION Applileaft Nkffle+ and Mora(!mint) sax isrr%�farrppli,atf� +�mo Pollic� a en iupl,=,s K Aptiiica mt oleo tt*Owmer 0 the V*oct property? Vg4C hoe dt . €'ram,, y 0wort rrtuir mops rr sECTMAI 2:PRCIPER7 t'OWNIR WSCIOSURE fry*s 3), Do"ApOkarii hwe a adtrt?YesO Woo is Applicant a corponakm parowship,firm,bokms,vust or urAnswWated mess? Yes ►l00 d'f jvvs,#psr r#ic .nc s oa OU q'41 er-t,ditei rars" rtaembrrs„or rtusrees br ro AJVD b sn&ssrs!;apt havee u pcxrrgxib ,a sd4 ry Jor r:}}siYarrd tfni�ss efriir}rtreforiim±g ;►0rh rthr zrWawnu(Attach Mt Milt 0 oycwv LLC Gidseppina llrve and mar ss corsale [lots the subject proxy have a proposed or pending putthaser? Y (_) Ff>a e el y m,otamt pizposed or pro&ft4 patehatre. KNOWN INTEREST BY PUBLIC OrfrlCtAL OR EMPLOYEE [roes an official at employee M the City of VIg0tvia Reach haw an Interest in the subject 1wd or any dow1opment contingent an Ow subject public action? Yes N O d(ve-s #t OU,the ct' , (' :-_ ..?" .ood de:�cribe vc te of rilie)(i tote;t.APPLICANT SERVICES 01,11CLOSURE AMD. TdrrAf}pfjcgnr mv.%,certify whetdirr rhrJWJvw4,W smicirs we+bon# bi connertian to the sutq&t appkatkoor airy twsfawss t rorfny rar to errlti r ty, RM n rric of thr"rity and of)r aio al v4inq s h services mw to fr nlifwd.(Attach + essvrv.) SERVKE YES NO SERVICE(PROVIDER Ncsrrie ent' �.adl#u rrids>l '+�v1' Finaiwinit(mortease_deeds of true t uoss-coltateralization,etc,l Real fs#:ate Smkrr�'AgrntjRealior If Discto ere 540t nt I rev, May-2a24 page 1 of 3 Giuseppina Pollice and Marisa Corsale Agenda Item 9 page 11 of 14 Disclosure APPLICANTSECTION 1: continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual ��s . Accounting/Tax Return Preparation C-) 0 TElO Architect/Designer/Landscape Architect/Land Planner 0 Construction Contractor 0 ci) Engineer/Surveyor/Agent 0 Legal Services E J 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. l;wjq,&4a Paff&e &/RaT,ria Gluseppina Polllce&Marisa Corsale SWO26 Applicant Name(Print) Applicant Signature Date s"Parent-subsidiary relationship"means a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(if) a controlling owner in one entity is also a controlling owner in the other entity,or(W)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): _ October 23, 2026 Arianna Low �� .�Gv' October 23, 2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Giuseppina Pollice and Marisa Corsale Agenda Item 9 page 12 of 14 SECTIONDisclosure Statement PROPERTY DISCLOSURE PROPERTY OWNER INFORMATION Property Owner C N me°.Elnt o,i b5 tr��.- s7 trats'r�'.r r, ra csr lt? Is the Owner a corporadon,partnership,firm,business,trust,or unincorporated orporated business? Yesomof It Yee,Nst[he Mfts&I 04'r#XM,dafrrrors,=mearrtieri or trustees bekw AND that h&ve a rent-subsidvry r or aff6ated wsmess ent,t I r6atjomsNp with the ,cant.fAttmh)v it netessw .r Deft the sub)m property hwe apropos"or PwAn!purthasert Yes No + #[[SOWN INTEREST sT BY PUBLIC OFFICIAL OR ENIPL YEE Does an rof[Ital or arnpl€ayer of the City of Virginia S,earah haw an intomt In the subject land or any IYr> dl iF ri r5t tc►�tirsger,t sass the srr�jr�ct p lit itkir3rY? Yes CJ No -) PROPERTY OWNER SERVICES DISCLOSURE REIN:the der must f riffy whrrhef the/ ( Wing rv.:ets are !ray in cv 20 ties st4ect PFJkJJt,ran W arzyw to br gate(on tht Fm , Me immir of the entr inrfivWao? dry avrtran guar iN r5 s,r:!a trr,sst rn0fird—(Att r Wit 't` sary) SERVICE VIM No SERVICE PROVIDER f rs enbw qLbdLbr kWWWWIJ Fk m (mortgate,dreds of trust e 0 TOD srgrsss�c►Ilatrralataf�+�n,eta. �,���,� ��,��.�-��, Real Estate Rrag/Ajgent/fteakor Accountin axReturn Preparation Architect/Des ner/Landscape Architect/Land Planner 0 t,;.O"Ututtion Contractor 01 E rt�e rf erlt Legal services --=01 ., PROPERTY OWNER CERTIFICATION 9454M t certify thatr kJarmatiaan rantain"o in tfra5 ForM is a oi"rpfmt l trait',arld aarc«rn-Jr,rumde'xstr d that;' upon;favor of notr�' trt tr that thr applicqUon fga brerr scht u» F fs# fuhl' hrarjn ,t am res rts0*for updating the information peov led rear Ower wrekypnar to the rat+rag of ftming CammosskK City Courant, VaD C&PA, Werlands Board at any pu&k body or co m,mftfee in connection with trait t?Wxvrion. E oCW81b 8f3f2925 ikoperiv Owner Mvne Propeft Owner Stgnature sate Disclosure Stateme4n I rev. ha a w-202A r,a to 3 of 3 Giuseppina Pollice and Marisa Corsale Agenda Item 9 page 13 of 14 • 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. Giuseppina Pollice and Marisa Corsale Agenda Item 9 page 14 of 14 I U ry,-• .„ X �P �J PJ 0, O„p ® site Giuseppina Pollice & Marisa Corsale N Zoning 993 Autumn Harvest Drive {� Property Polygons S Feet 0 15 30 60 90 120 Man created by Plannina Department on 10/9/2026 Virginia Beach Planning Commission October 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #9 Giuseppina Pollice and Marisa Corsale Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: By recorded vote of 10 to 0, Items 4 and 5, Corporate Landing Development, LLC, have been recommended for approval. Our next item is Item 9: Giuseppina Pollice and Marisa Corsale. Ms. Corsale: Good afternoon. Mr. Coston: Please state your name for the record. Ms. Corsale: Marisa Corsale. Mr. Coston: Thank you. Ms. Corsale: I'm not too sure. What did you want me to? How do I do this? I'm sorry. Mr. Coston: Just tell us what you're trying to do. Ms. Corsale: I'm proposing a in-home daycare, running out of my mother's house, and it's going to be a Montessori-style daycare, a thoughtfully prepared space where children can learn independently, respectfully. And it's going to be an organized environment, nothing too chaotic, where children can learn in a loving environment and thrive. I also have three letters of support. I would have got more, but I ran out of time. Do you want me to give that to someone? Mr. Coston: I was just getting ready to ask the question. Madam Clerk, do we have any speakers for this item? Clerk: There are no speakers for this item. Mr. Coston: Okay. Are there any questions for the applicant? Mr. Anderson: Hi. Thanks for coming in. I do have a question on one of the pictures of the backyard, shows the steps, and this is your parents' house. Ms. Corsale: Yes, sir. Mr. Anderson: Okay. And. With the age of the kids that would be there, I would like to get a clarification and look at the steps on the back porch that they are out of code because as far as I can tell,there are not--there is not a railing on those steps, unless it's on the left,you just can't see it, so I would be worried that there are. There is not a railing coming down those steps because there. There's five steps, which would be at least 35, 36 inches high. Ms. Corsale: You're correct. There isn't a railing, but we're willing to do whatever. Mr. Anderson: I would not move forward with approving this application on my opinion until that is done. Mr. Coston: So,you're asking her to do that before? Mr.Anderson: I would just like to make that stipulation in the proffer, somehow. Ms. Corsale: We were aware that we needed the gate. Mr.Anderson: Well,the gate's completely different. Yeah,this is a this is a height hazard and a code hazard. Ms. Corsale: I would have addressed that if I knew that was a concern. Mr.Anderson: But yeah, if we can put that as a-- Ms. Alcock: We can certainly add that as a condition. That we just need to be stated in any motion. Mr. Coston: Any other questions, Commissioner Camp? Mr. Camp: Yes. Hi, Ms. Corsale. Thank you for coming down today. I represent District 1, which is where this site is located,and I've been contacted by a number of the residents,in addition to the letters of objection that we received. So,I'd like to ask you a couple of questions about your proposed business. Ms. Corsale: Sure. Mr. Camp: First, do you reside at the home? Ms. Corsale: I do not. It's my mother's home. Mr. Camp: Okay. Number two, with regard to your business model, you are seeking approval for up to twelve children. How did you arrive at twelve? Ms. Corsale: Under licensing, that's how many children you are -- that's the maximum amount of children that you can have. Mr. Camp: Okay, so you're seeking the maximum. Ms. Corsale: Yes, sir. Mr. Camp: All right. Tell me a little bit about the outreach in the neighborhood that you did. Ms. Corsale: So we sent out letters shortly after, we started this process, to the neighbors. Mr. Camp: When was that,please? Ms. Corsale: I'm sorry. Mr. Camp: When was that,please? Ms. Corsale: When was that? Sometime in September, maybe late August, early September. I don't recall exactly, but it was just basically saying that we are interested in opening the daycare and that we are going to be licensed. If they had any questions to contact me,I put my information on there,and no one contacted me. So that's pretty much it. Then my mom has a good relationship with a few of the neighbors, so I know she communicated with them. Mr. Camp: Okay, thank you. In terms of your business model, in reading some of the letters from the neighbors, there was discussion about not having as many children at the daycare. Can you tell me? Could your business model work if you had, let us say, six kids at the daycare,rather than the maximum allowed by law. Ms. Corsale: Yes, so we would like twelve children, but I am also comfortable with a smaller group of children, just because I have a daughter as well, and she's the whole reason for this daycare. So,yeah, six children is perfectly fine with us. We just want to spend as much time with her while earning an income and having a good outlook on the community. Mr. Camp: So this is interesting. I didn't expect this. So let me follow your comment a little bit. Is the purpose of this to run a business,or is it really? Well,tell me,tell me what your real purpose is here. So I think I heard you say it was more to do with your family. Ms. Corsale: Yeah. So the purpose is to run a daycare. It's always been a goal of mine to have my own business, and I work as an occupational therapist assistant right now. So I leave my daughter three days a week with my mother. And it's just becoming harder and harder as she gets older. So, in my big, wonderful brain, I had this idea that I could make an income while being with my daughter 24/7, which, hopefully, that works out. And just, I love children. I've been working with children so many years. I worked as a montessori teacher for three years, three or four years. I worked in schools as an occupational therapist. Right now,I work at a skilled nursing home, so children have always been near and dear to my heart. I hope, I answered your question. I feel like I'm going. Mr. Camp: Yes,that's fine. So,who is the applicant? Ms. Corsale: So, it's my mother and I. The license will be under her name because she lives at the home, but our daycare is an LLC, so it's both of us. Mr. Camp: So, the LLC is not applying for the daycare license with the state. You're doing it personally. Ms. Corsale: I'm sorry. Mr.Camp: What is the role of the,LLC?Is the LLC seeking a license,or are you doing it in your personal names? Ms. Corsale: The LLC would be seeking the license, I believe. Mr. Camp: Okay. The reason that I'm asking is this disclosure statement came in with your personal names on it, and then it said, "Are you a business?" And it said, "Yes," and then it lists an LLC. I'm trying to just sort out who's who because the LLC doesn't own the property. One of your,your family, owns the property,right? Ms. Corsale: Right. Mr. Camp: In terms of the other issues that were raised by the neighbors, we have twenty-eight homes in this cul-de-sac area, including the home that you're talking about. Out of those twenty- seven homes,five of them,nearly 20%, object to this, and that's serious. That's enough to bring it to my real attention that a common understanding has not been achieved with this neighborhood, and one of the challenges here has nothing to do with you or the way you would seek to run your business. It's with the street. That if we could display the site plan,the street has sort of an S shape here, and you're right out near the front of it, and the whole rest of the neighborhood is going to exit past your house after passing through this series of s turns, and we understand in a residential area like this,people shouldn't be traveling fast. But the sightlines aren't great,and I believe that human nature is going to lead some of your clients. Not to drive all the way in into the end and turn around neatly at the end of the cul-de-sac. I think they're going to be executing three-point turns or driveway turns, because it's just the quickest, shortest thing to do. By the traffic count and the staff report, what was ten trips per day? Their study says it's going to be forty-eight trips per day, almost five times the imposition on this neighborhood of what it currently is. So I understand the neighbors' concerns here. Did you talk to any of the neighbors about these concerns? Ms. Corsale: I have not. I've only spoken to the neighbors that my mother is familiar with. I'm not sure who sent the letters of opposition. I would love to speak to them, but I have not spoken to those neighbors. Mr. Camp: Because my concern here is that I don't think there's a lot you can do about it. If this business was approved to go forward in this site, it's going to place these cars in a particular place where the street is configured that is not optimal, and I can see many good businesses don't fit the site, and that's what I'm wrestling with here, and I don't believe that there's a simple solution to that. That's a challenge for us. You haven't seen any of the letters. Ms. Corsale: I have not, sir. Mr. Plumlee: All right, Mr. Coston: Commissioner Plumlee. Mr. Plumlee: Thank you, Mr. Chair. How long has your mom lived at this location? Ms. Corsale: I was a senior,2011. Mr. Plumlee: There is a large lot, a house away, big open space. Is that a privately owned lot, or is that a public space where people get to?If you're facing your mom's house to the right. Ms. Corsale: I think I know what lot you're speaking of. I'm not aware if it's private or-- Mr.Plumlee: So there's no access to that. I was there Monday. It seemed like, and it was,I don't know,04:30 in the afternoon. It seemed like a fairly slow lane. Can you describe what,how much traffic goes up and down that street? Ms. Corsale: It doesn't seem to be very busy, in my opinion. Just people coming in from home. So, in my opinion, I don't see the big issue with the traffic as some of the neighbors are concerned with. Mr. Plumlee: Have you looked into who would want your services in this area, or their young family is in that neighborhood that would want. These are for kids two to five. We're talking about. Ms. Corsale: Yes. Mr.Plumlee: Are you aware if there are going to be clients nearby, folks that want your services nearby, or do you know? Ms. Corsale: There's always a need for childcare, and the way I'm promoting it as a Montessori- style daycare, so it's not like,just structured. It's more like a classroom. So that's my take on that is there's always a need. I haven't really done too much research on how many families would come and work with us, but and also with licensing,there's a lot of, sorry, getting a little nervous. There's just a lot of regulations, and with them,they also promote your business. Mr. Plumlee: I see. Ms. Corsale: Yeah. Mr. Plumlee: Okay. Thank you very much. Ms. Corsale: Of course. Mr. Coston: Ms. Byler. Ms. Byler: Thank you for coming today. I don't have any qualms about your qualification to run this. I also agree, 100%, that there is a real need for this. However, this is a residential neighborhood, and a substantial number of your neighbors feel this is an appropriate location for a daycare, and as I listen to you describe it, it really sounds like, you know, it's a business, and there are reasons why businesses don't generally fit inside of residential neighborhoods because of the negative impact on your neighbors,and I'm sure you're sensitive to that also. I just wanted you to understand why I'm very hesitant to recommend approval of this application. Ms. Corsale: Okay. Mr. Camp: Mr. Chair, I'd like to make a motion. Mr.Coston: Well,I've got somebody over here wants to make a motion too,but I have a question first. For staff,the number of twelve children, does the Education Department refine that number, particular to this location, or is it just twelve? Ms. Corsale: So, in my understanding, zoning has a part to play in how many children you have in the home,but licensing can decrease the amount of children,or increase. Well,we can't go past twelve. But if, for instance, the zoning committee says I could have twelve children in the home, but the licensing comes in and sees no,this isn't appropriate for twelve children,then they can say we could have five or six, or what they recommend. Staff. So yes,the state department,the education department,they will set the maximum that can be at this, at the house. Twelve is the maximum. This commission also has the ability to change that maximum, as you've done on other applications. If you think there's a number better suited, less than twelve. Mr. Coston: Commissioner Schoonover wants to make a motion. Ms. Schoonover: Yes, I'd like to move that we approve this application with two additions: one, the requirement of the railing being put on the bottom, and Mike, if you have any particulars you would like to add to that, and to limit the number of children to ten,please. Mr. Camp: I'm sorry. Could you repeat that?I couldn't hear it. Ms. Schoonover: Yes, I wanted to approve the application with two changes. One, adding the requirement that we put the railing up in the back,what Commissioner Anderson was referencing, and to limit the number of children to ten. Mr. Plumlee: Second. Mr. Coston: Any discussion? Mr. Camp: Yes, I concur with Vice Chair Byler's comments,and had I been recognized, I would have put a motion forward to deny this application. I don't find that this particular site is appropriate for this particular land use. I also believe that the high percentage of neighbors expressing concerns,some of which are very strongly worded,are accommodated by the applicant. Number three,I also feel that the applicant has stated she would be willing to go with a lower limit of six to try to mitigate this, and that the limit that is being proposed in the current motion of ten is more than that number. It's not changing it too much from the twelve. Six would be a more meaningful change. Mr. Coston: Make the motion. Ms. Schoonover: Yes, I made the motion. Mr. Coston: So, I guess at this point we would need a substitute motion then. Ms.Byler: I would like to second Commissioner Camp's substitute motion. Mr. Camp: All right, let me clean that up. I'd like to make a substitute motion that continues to carry forward Commissioner Anderson's preferred recommendation with regard to the stairwell handrail, and that modifies Commissioner Schoonover's original motion with regard to the maximum number, lowering it from ten to six. Mr. Anderson: I will second Commissioner Camp's motion. Mr. Coston: Okay, so we have a substitute motion by Commissioner Camp, seconded by Commissioner Anderson. Ms. Eisenberg: Is there a motion to make the substitute motion the primary motion? Mr. Coston: Yes. Mr.Anderson: Yes, I'd like to make the secondary motion a primary. Clerk: The vote is open. Mr.Plumlee: I just want to add my comment before we vote. The applicant may want fewer, but our city needs more. Ms. Eisenberg: And this is just a vote to make the substitute motion,the primary motion,just for everyone's awareness. Ms. Schoonover: Mine's not showing now,but I don't want to make. I would like to vote against that. Clerk: Commissioner Cromwell. Mr. Cromwell: Aye. Clerk: By a recorded vote of 4 to 6, the motion to make the substitute motion, the main motion, has failed. Mr. Coston: So now we go back to the-- Ms.Eisenberg: So now the motion on the table is still the primary motion made by Commissioner Schoonover. Mr. Coston: Madam Clerk, are we ready for the vote? Clerk: We'll do a verbal vote. Commissioner Mauch? Mr. Mauch: Aye. Clerk: Commissioner Camp? Mr. Camp: Nay. Clerk: Commissioner Cromwell? Mr. Cromwell: Nay. Clerk: Commissioner Anderson? Mr. Anderson: Nay. Clerk: Vice Chair Byler? Ms. Byler: Nay. Clerk: Chair Coston? Mr. Coston: Aye. Clerk: Commissioner Schoonover? Ms. Schoonover: Aye. Clerk: Commissioner Plumlee? Mr. Plumlee: Aye. Clerk: Commissioner Hippen? Ms. Hippen: Aye. Clerk: Commissioner Moorjani? Ms. Moorjani: Aye. Clerk: By recorded vote of 6 to 4, item 9, Giuseppina Pollice and Marisa Corsale, has been recommended for approval as modified. Ms. Corsale: Thank you. 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 Hippen X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. The Family Day-Care Home shall be limited to a total of32L10 children. 2. The final number of children permitted in the Family Day-Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines, but not to exceed the number granted under Condition 1 of this Conditional Use Permit. 3. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 4. Any parking for the Family Day-Care Home shall utilize the on-site parking spaces or available public parking. 5. Arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 8. Access to the pool and deck area shall be restricted to prevent children from accessing these areas. The pool and deck area shall be enclosed by a solid structure, fence, or gate at least four feet in height and constructed of a non-climbable material. The enclosure shall be maintained for so long as this Conditional Use Permit remains active. 9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at least four feet in height and constructed of non-climbable, maintenance-free material, such as vinyl plank or composite, and shall be maintained for so long as this Conditional Use Permit is active. 10. 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. 11. A side railing attached to the steps of the deck shall be installed. The railing shall be maintained for so long as this Conditional Use Permit remains active. 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. OCTOBER 2026 To Whom It May Concern, My name is Shaela Kraenzle, and I am a former educator and professional living in the Hampton Roads area. I am writing this letter to highly recommend Marisa Ebbert to anyone seeking exceptional childcare. I had the pleasure of working with Marisa for over a year at Montessori Academy of Virginia in Suffolk, Virginia. Our work included managing a classroom with approximately 15 preschool-aged students, implementing a Montessori curriculum, and caring for and nurturing our students to ensure their physical safety, emotional well-being, and academic growth. Marisa demonstrated exceptional teaching and nurturing skills throughout our time working together. I was always thoroughly impressed with the individual support and care Marisa gave to each student. It was very obvious to me that she truly cared about each student on an individual level. A teacher wears many hats, and Marisa was able to balance her many classroom responsibilities with grace, kindness, and warmth. Marisa's experience as a classroom teacher and a mother has prepared her to be an excellent childcare provider. I believe that any child in her care will feel loved, nurtured, and excited to learn. Please feel free to reach out to me if you have any questions about my time working with Marisa Ebbert. I would be happy to share more about how highly I recommend Marisa for childcare! Warm regards, SHAELA KRAENZLE FAMILY RESOURCE SPECIALIST SHAELAMARTIN@GMAIL.COM Outlook Objection to the Proposed Home Day Care In Our Residential Neighborhood (Specifically at 993 Autumn Harvest Drive) From Terri Wargo <twargo@verizon.net> Date Mon 10/12/2026 2:39 PM To Arianna Low <ALow@vbgov.com> CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. October 12, 2026 Ms.Ariana Low Planning Commission City of Virginia Beach, VA RE: Objection to the Proposed Home Day Care In Our Residential Neighborhood(Specifically at 993 Autumn Harvest Drive) I am writing to express my serious concerns regarding the proposed establishment of a home day care in our quiet residential neighborhood. While I understand the importance of childcare services for families, I believe that the potential impact of this business on our neighborhood and the safety of its residents must be carefully considered before any approval is granted. Our neighborhood is a quiet residential area, and introducing a home day care could significantly increase traffic, congestion, and the number of vehicles entering and leaving the street throughout the day, The frequent arrival and departure of parents drooping off and picking up children could create parking problems, block driveways, and interfere with residents'ability to enter and exit their own properties safely and conveniently. I am particularly concerned about the potential effect of property values. Homeowners have invested in their properties with the expectation of living in a peaceful residential environment,An increase in traffic, congestion, noise, and parking difficulties could change the character of our neighborhood and potentially make our homes less attractive to prospective buyers. My greatest concern, however, is a matter of personal safety and emergency access. My husband is a cancer patient and has already experienced three medical emergencies requiring trips to the hospital, In an emergency, every minute matters, I am deeply concerned that increased traffic or vehicles parked in front of our driveway or along the street could delay our ability to leave our home or prevent emergency vehicles, including ambulances and fire and rescue personnel, from reaching our property promptly. This is not simply a matter of inconvenience. It is a potentially life-threatening concern. We must be able to depend on clear and unobstructed access to our home,particularly when a medical emergency occurs. No homeowner should have to worry that congestion associated with a business operating in a residential neighborhood could interfere with obtaining urgent medical care. I respectfully request that these concerns be given serious consideration before any permits, licenses, or approvals are granted for the proposed home day care. I also ask that the appropriate authorities evaluate the potential traffic and parking impacts, the ability of emergency vehicles to access the street, the protection of residents'driveways, and the potential consequences for the character and property values of our neighborhood. I believe that the safety and well being of existing residents must remain a priority when considering a proposed business in an established residential area. I urge you to carefully review this proposal and ensure that it will not compromise residents' safety,property rights, or quality of life. Thank you for your time and consideration. Sincerely, Teresa Wargo 992 Autumn Harvest Drive 757-416-8603 twargo@verizon.net 10/12/2026 Arianna Low Virginia Beach Planning Commission GPIN: 1466823051 Ms. Low, Concerning the Conditional Use Permit application for Family Day-Care Home at 993 Autumn Harvest Drive, Virginia Beach, please consider the following: Illustrated on the map below, the entrance to Autumn Harvest Drive (from Stratford Chase Drive) feeds to three courts, identified numerically: 1, to the left past the first three houses on the left. 2, to the right past the first two houses on the right. 3, straight back to the end of Autumn Harvest Drive. The Star identifies 993 Autumn Harvest Drive, where the Family Day-Care Home CUP is being requested. Please note the short frontage at the residence and that the road immediately feeds into a curve. Because of this unique road situation, it is reasonable that drop-off/pickup parking will take place across the street in front of the two houses indicated as (a) and (b). Since Autumn Harvest Drive is not a through street, most traffic is residents who live in this quiet, well- established neighborhood. The CUP is requesting to provide for a maximum of 12 children. This equates with 12 drop-offs and 12 pickups daily, which is an increase of 24 vehicles in a very short road space. map open Help V B M a p Center Data Map Open Help VBMap Center Data JMN HARVEST X JMN HARVEST... % I Search result v Search result v � x �PRVfST DR I �. a ems` ,. �(�( ��, •i J'll, I 993 NA r `a Distance 89.621 The definition of residential means relating to homes, houses, or places where people live rather than to businesses, offices, or factories. On behalf of our neighborhood community, please consider the impact this CUP will have. Respectfully, Kelly Durrett 5192 Foxboro Landing Virginia Beach, VA 23464 Alene Jo Kaufman October 9, 2026 Arianna Low Planning Commission Staff Member GPIN: 14668230SI Dear Ms. Low, As you are the staff member assigned to the request for a conditional use permit for a Family Day Care Home at 993 Autumn Harvest Dr., I would like to share some of my concerns about this request. We bought our home in Stratford Chase more than thirty years ago. In addition to the home itself meeting our personal needs, we were attracted to the quiet and privacy of the area. With the number of cut de sacs in the plan, we felt that there was a welcome level of privacy that one would not get on a main street with through traffic. There is a quiet enjoyment to our life in this neighborhood. I do not see twelve children playing in a nearby yard adding to that quiet enjoyment. I did not expect my neighbors to be operating a business with clients coming in and out of their home. As a former Early Childhood educator, I am quite aware of the delays that may happen when parents and children are involved. Despite the possible care givers notifications to the residents that they are planning to schedule staggered drop-off and pick-ups, delays happen and the possibility of traffic exists, especially since typical pick-ups will happen as homeowners are returning to their homes at the end of a work day. The house is located just before a curve in the road, which could also create safety/access/parking issues. I am also concerned about potential emergency situations. Autumn Harvest Dr has only one access point. In an emergency, there is only one way in and out, which could make ambulance and fire engine service more difficult, especially if there is ever a need for multiple emergency vehicles. In looking into this situation, I became aware that a change in the use permit becomes a permanent change to the house and property, which also concerns me. Any future resident could open a family day-care home and has no obligation to follow the current plans. I would ask that if the planning commission is going to recommend approval of this permit, please consider two modifications. Please consider a time limit for the duration of the years of the use permit and please consider fewer children than the maximum of 12 requested. Thank you for assessing this request with the benefit of Virginia Beach's citizens in mind. Sincerely yours, ,414e �Z 44w,( �e�eetraKie s�Katu�eJ Alene Jo Kaufman 5193 Foxboro Landing Virginia Beach, VA 23464 u Outlook Conditional Use Permit for Family Day-Care From Doc Haywood <carlwhaywood@gmail.com> Date Tue 10/13/2026 3:26 PM To Arianna Low <ALow@vbgov.com> Cc Doc Haywood <cariwhaywood@gmail.com> CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. TO WHOM IT MAY CONCERN: I, Carl W. Haywood, have resided at 5228 Foxboro Landing, Virginia Beach, 23464 since 1992. In this time, the Stratford Chase community has been outstanding, tranquil, secure, and pleasurable thanks to its charm and the wonderful neighbors who call it home. I hereby declare my strong opposition to a Permit for a Family Day-Care in our community. Many of the streets in this area of Stratford Chase, including mine, end with cul-de-sacs, and the additional traffic generated from the drop-off and pick-up for up to twelve babies or children would truly be obtrusive. Lastly, bringing additional traffic to our community for a business venture or endeavor would destroy the suburban aspects of this historic community. I am vehemently opposed to a Family Day-Care business in our residential community because it would destroy that which we seek to preserve: peace, quiet, and security. Yours truly, Carl Haywood ft Outlook Proposed Day Care Center at 993 Autum Harvest Drive From Nina Joyner <nina.joy@cox.net> Date Tue 10/13/2026 3:40 PM To Arianna Low <ALow@vbgov.com> CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Low, I am writing to express my concern regarding the zoning request to open a 12- bed child day-care center at 993 Autumn Harvest Dr, Virginia Beach, VA 23464. This is a very quiet neighborhood with minimal traffic and noise and well-maintained homes. I live across the street from the Pollice and Corsale family. I am NOT opposed to the owners opening a day-care center. Everyone needs to make a living, and a small day-care center is already up the street on Stratford Chase. I oppose the proposed twelve allowable beds if zoning is approved. I do not want the traffic. This is a quiet dead-end street, and I would like it to stay that way. I would not be opposed to six, but the permit should not exceed that number. Thank you for factoring my comments into your review of the zoning request. Sincerely Nina Joyner 5200 Foxboro Landing Virginia Beach, VA 23464 757-650-0508 Qff Outlook FW: Daycare Petition Autumn Harvest Drive/Va Bch From Planning Administration <PlanAdmn@vbgov.com> Date Thu 10/15/2026 7:59 AM To Arianna Low <ALow@vbgov.com> From: ME Travis<travisraider@gmail.com> Sent:Wednesday, October 14, 2026 6:46 PM To: Planning Administration<PlanAdmn@vbgov.com> Subject: Daycare Petition Autumn Harvest Drive/Va Bch 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. City Council / Planning Commission - I live 6 houses away from a family that is petitioning to run a daycare facility from their house on Autumn Harvest Drive, Stratford Chase, in Va Bch, which is not a through street, but a deadend. don't know the family, so to be clear, this note is not in any way to question their character, and I certainly am not opposed to anybody who wants to make an honest living. I am told by people in my neighborhood that their petition is to run a day care facility w/ a maximum 12 x kids, daily. The purpose of this email is to request that the commission and the council honestly evaluate the impact on residents in the neighborhood of up to 12 x parents trying to find turn around spots or temporary parking in front of 1 x house, morning and night, to drop off/ pick up kids. The challenge will be 12 x parents trying to find an empty curb, deciding whether they have to double park, or they even have to turn around in random driveways. Beyond that is the impact on folks walking by with or without pets, in an already busy neighborhood where folks are driving by for work, school, or going about their daily lives. With regards to pets, some pet owners, specifically those who live further back into Stratford Green, have no other choice but to walk along the street / sidewalk, & by the house in question. Is a daycare facility of this capacity rational in this residential neighborhood? Please comprehensively consider the petitioner's request, and specifically, the impact on the entire neighborhood. Sincerely, Matt Travis Foxboro Landing, Va Bch travisraider@gmail.com CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRANDON IACHETTA [Applicant] JAMES L. HARRELL III AND ASSOCIATES LLC [Property Owner] Conditional Use Permits (Tattoo Parlor & Body Piercing Establishment) for the property located at 481 S. Lynnhaven Road (GPIN 1496183564). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: November 10, 2026 ■ Background: The applicant is requesting Conditional Use Permits for a Tattoo Parlor and a Body Piercing Establishment within a 1,500-square-foot unit of an existing building within a shopping center. The proposed facility will be open from 10:00 a.m. to 7:00 p.m., daily, primarily operating with scheduled appointments. However, limited walk-in services will be offered on designated days. The business will employ up to 8 employees. ■ Considerations: Staff finds, and the Planning Commission concurred, the request to be acceptable as proposed. The site is located within the Special Use Business Place Type, which envisions business-non-center locations for commercial, office, and hotel uses for the surrounding local communities that accommodate a considerable number of daily trips. The use is considered compatible with the surrounding community. 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 October 14, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The Conditional Use Permits for a Tattoo Parlor and Body Piercing Establishment apply solely to 481 S Lynnhaven Road. 2. The applicant must comply with Chapter 23-51 of the'City Code prior to obtaining a business license for the Tattoo Parlor and Body Piercing Establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or Brandon lachetta Page 2 of 2 similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: PO Agenda Items 10 Applicant: Brandon PropertyOwner: JamesL. Harrell III And Associates Planning Commission •lic Hearing: October 14, 2026 CouncilCity C- Project Details Request Conditional Use Permits (Tattoo Parlor and Body Piercing Establishment) LoRV f IT- Staff Recommendation Approval a I \ S Staff Planner Arianna Low Location 481 S. Lynnhaven Road -_ "°RES`_ GPIN 1496183564 Site Size - 2.89 acres ' . @ AICUZ 70-75 dB DNL Watershed Chesapeake Bay !' Existing Land Use and Zoning District HUh7ER Q° CHASE "` y Shopping Center/ B-2 Community Business ,Rti. Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-7.5 Residential South Single-family dwellings, Daycare/ R-7.5 Residential, B-2 Community Business East S Lynnhaven Road Apartment/A-18 Apartment West Single-family dwellings/ R-7.5 Residential Brandon lachetta Agenda Items 10 & 11 page 1 of 13 Background & Summary of Proposal • The applicant is requesting Conditional Use Permits to operate a Tattoo Parlor and a Body Piercing Establishment within a 1,500 square-foot unit of an existing B-2 Community Business zoned shopping center. • The business will employ up to 8 employees. • The proposed hours of operation are from 10:00 a.m. to 7:00 p.m. daily, primarily operating with scheduled appointments. However, limited walk-in services will be offered on designated days. • A Sunchild Studio sign is proposed for installation at the front entrance of the building. A separate permit will be required and shall comply with the requirements of the City Zoning Ordinance. No other exterior modifications to the existing building are proposed. • Per Section 203 of the Zoning Ordinance, Personal Service Establishments require 1 parking space per 250 square feet. The 1,500-square-foot site requires 6 parking spaces, and approximately 115 spaces are provided in the shared parking lot of the shopping center, exceeding the requirement. The shopping center parking is shared amongst other commercial uses, including retail, grocery, and eating and drinking establishments. Zoning • Map Key No. Request '� % R2.5 B1 CUP (Church) Approved 07/14/2009 ,j G 1 CUP (Church) Approved 06/23/2009HU TIERS c CUP (Church) Approved 05/12/2009 -�� CH/ SE � r-- s ��Q�q� 7 5 ON � A18 R ,f 'PO y 1 co v7 9;1`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 Brandon lachetta Agenda Items 10& 11 page 2 of 13 Evaluation • • • In Staff's opinion, the request for a Conditional Use Permit for a Tattoo Parlor and Body Piercing Establishment is acceptable. The proposed use is compatible with the other commercial uses located in the shopping center and is an appropriate reuse of the vacant retail space. As the site was built to accommodate a variety of commercial uses, there is sufficient parking available on site to accommodate the proposed facility in addition to the existing commercial uses on site. The proposed use is consistent with the Comprehensive Plan's Special Use Business Place Type. The operation of a Tattoo Parlor, along with a Body Piercing Establishment, is not expected to negatively impact other uses within the shopping center or in the vicinity. The proposed use will occur entirely within an existing commercial building, with no exterior building modifications proposed. The use does not appear to introduce a land use intensity that would be inconsistent with the Special Business Place Type, as the use will operate as described, including appointment-based scheduling, limited walk-in activity, and no outdoor activities. Staff does not anticipate a significant increase in traffic volume with the addition of this use at this location. Prior to operating on the site, the applicant is required to obtain a Business License. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The Conditional Use Permits for a Tattoo Parlor and Body Piercing Establishment apply solely to 481 S Lynnhaven Road. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license for the Tattoo Parlor and Body Piercing Establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Brandon lachetta Agenda Items 10 & 11 page 3 of 13 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive • The Comprehensive Plan identifies the site as being located within the Special Use Business Place Type. The overarching goal across all Special Use Business Place Types is to provide services for the surrounding local communities and accommodate a considerable number of daily trips (p. 170, imagineVB 2040 Comprehensive Plan). Business - non-center locations for commercial, office, and hotel uses are envisioned for this Place Type (p. 36, imagineVB 2040 Comprehensive Plan). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Brandon lachetta Agenda Items 10 & 11 page 4 of 13 Traffic Impacts/Transportation Traffle Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2— No Data S. Lynnhaven Road 12,900 ADTl 31,100 ADT 1(LOS 4 Available D � Proposed Land Use 3—No Data Available 1 Average Daily Trips 2As defined by a 2.89 'As defined by a 2.89 4LOS = Level of AC Shopping Center AC Shopping Center Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) S. Lynnhaven Road is a four-lane minor urban arterial roadway along the east side of this site. The roadway is not included in the MTP, and no roadway CIP projects are slated for this area. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. Public Utility Impacts Water and Sewer The site currently connects to city water and sewer. Brandon lachetta Agenda Items 10 & 11 page 5 of 14 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 14, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 30, 2026, and October 7, 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 September 28, 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 October 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 27, 2026 and November 3, 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 26, 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 November 6, 2026. Brandon lachetta Agenda Items 10 & 11 page 6 of 14 Proposed Layout PROPOSED g TATTOO AND BODY PIERCING ESTABLISHMENT l � w T� e All 9f 4 e lot Brandon lachetta Agenda Items 10 & 11 page 6 of 13 Proposed Floor Plan TOOLBOX Rreak Room CLIENT CHAIR DESK • FRIDGE • ARTIST STOOL TRASH • ■ SHARPS 0 SINK #jp ■ PRINTER • • ■■ THERMOFAX ' ■ STATIM ■ p ■ BENCH Reception / Waiting , POS 37' Brandon lachetta Agenda Items 10 & 11 page 7 of 13 Site Photos Brandon lachetta Agenda Items 10 & 11 page 8 of 13 Site Photos PROPOSED TATTOO AND BODY PIERCING ESTABLISHMENT m� Brandon lachetta Agenda Items 10 & 11 page 9 of 13 Disclosure Statement CITY V p OF- Disclosure VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove a conflict of Interest under Virginia law. Completion and submission of this form is required far oil applications that pertain to City real estate matters or to the development ondlor use of property in the City of Virginia Beach requiring action by the City Counci., boards, commissions, or u(Ifel budir.-'. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name; as listed on application w ct-CN )i,' Is Applicant also the owner of the subject property? Yeso NoAly 1W If no,Property Owner must complete SECTION 2.-PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(ZNOO If yes,name Representobve A��Ic t"!n� T, L��.� Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Y"0NoQr If yes,fist the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the applicant.{Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest i th subject land or any proposed development contingent on the subject public action? Yeso N I!—ves,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ. The Applicant must certify whether the following services ore being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity andlor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER —----- (Name entity and riqdvJdq1J Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page I of 3 Brandon lachetta Agenda Items 10 & 11 page 10 of 13 Disclosure Docusgn Envelope ID.OM822ES-7Eo2-B547-822aet6CE3ABc743 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Marne entity and/or individual) Accountin /Tax Return Preparation j Ark p v 17 Architect/Designer/Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 z LL..egdl SnrJii c s 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,C8PA, Wetlands Board or any public body or committee in connection with this application. Applicant Name(Print) Applicant Signature Date "Porent-subsidtory relationship"ineons'a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation."See State and Local Government Conflict of interests Act VA.Code§2.2-3101. 2"Affiliated business entity relationship'means"a relationship,other than parent-subsidiory relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(h] a controlling owner in one entity is also a controlling owner in.the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets:the business entities share the use of the 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 Art, Vo-Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): October 23, 2026 Arianna Low ,rQ� .L eur October 23, 2026 Staff Name(Print) Staff Signature Late Disclosure Siaterient I rev. May-2024 page 2 of 3 Brandon lachetta Agenda Items 10 & 11 page 12of14 Disclosure Docusgn Envelope ID 076322E5-7E02,1507-8220-816GE3ABG743 SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed an application Jame-4 B.Harrell J.L Harrell III&Associates Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yeoo 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.) JAMEI S S HARRELL Does the subject property have a proposed or pending purchaser? Yeso Noi`-'` 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 t e s bject land or any proposed development contingent on the subject public action? Yes o No 1`yes,name the official or employee,and describe the suture of their inter,--, 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 _ (Nome entityandlor individual Financing(mortgage,deeds of trust,' O cross-collateralitation,etc.) Real Estate Broker/Agent/Realtor O Coastal Group Inc..Realtws.Owners Management � _ Accounting/Tax Return Preparation 10 Architect/Designer/Landscape 0 )g{ Architect/Land Planner �j Construction Contractor �� En iinneer/Surveyor/Agent 0 legal Services 4 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, C8PA, Wetlands Board or any public body or committee in connection with this application. James B.Hanell �jr„ca[?.RA"', 8n7r2026 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Brandon lachetta Agenda Items 10 & 11 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Brandon lachetta Agenda Items 10 & 11 page 13 of 13 r tb FR' HUNTERS CHASE DR y 'P 4X, y SK1PQ�' � �NF '9L q r Q t'g N�G�fc RD v GPI t �4� I Gil ti� v Site Brandon lachetta Zoning 481 S. Lynnhaven Road . i [� Property Polygons Feet 0 45 90 180 270 360 Mao created by Plannina DeDartment an 10/9/2026 Virginia Beach Planning Commission October 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #10 & 11 Brandon lachetta Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next items are together agenda Items 10 and 11, and that is Brandon Iachetta. Is there a representative here today?Thank you. Please state your name for the record. Mr. Iachetta: My name is Adrian Iachetta,representative Brandon Iachetta. Ms. Byler: All right. And are the conditions acceptable? Mr. Iachetta: Yes,ma'am. Ms. Byler: Thank you. You may be seated. Is there any opposition to this matter being placed on the consent agenda? Hearing none, I've asked Commissioner Anderson to read these into the record collectively. Mr. Anderson: Thank you, Madam Vice Chair. This applicant for conditional use permit for a tattoo parlor and a body piercing, located at 481 South Lynnhaven Road, has requested a conditional use permit to operate a tattoo parlor and body piercing establishment within a 1,500 square foot unit of an existing B-2 community Business Zone shopping center. Business will employ up to eight employees. The proposed hours for operation from 10 to 10 a.m. to 7 p.m. daily. Primary operating with scheduled appointments; however, limited walk-in service will be offered on designated days. There is no opposition to this application, so we put it on the consent agenda. Ms. Byler: Thank you, Commissioner Anderson. (The following dialogue reflects the discussion to approve the item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda,the several records of minutes and agenda items 2, 6, 7, 10, 11, and 12. I make a motion that these items be approved by consent. Mr. Plumlee: Second. I do abstain from the one visit, but I was inquiring, 4 and 5 was removed off the consent? Ms. Byler: That's correct. Mr. Plumlee: Okay, I just wanted to be clear. Thank you. Ms. Alcock: If I could just make one point of clarification, Item 2 was also pulled from the consent agenda. Ms. Byler: Oh, thank you for that correction. So the remaining items on the consent agenda, just for clarity, items 6, 7, 10, 11, and 12. Mr. Coston: Motion has been made for approval by Vice Chair Byler and seconded by Commissioner Plumlee. Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 6, 7, 10, 11, and 12 have been recommended for approval by consent. Mr. Coston: If you had an application that was on the consent agenda today, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tally Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X Byler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The Conditional Use Permits for a Tattoo Parlor and Body Piercing Establishment apply solely to 481 S Lynnhaven Road. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license for the Tattoo Parlor and Body Piercing Establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. �u ems. }E Zi a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REAL ESTATE PURSUITS LC [Applicant] BIVI REAL ESTATE LLC [Property Owner] Conditional Use Permit (Mini-Warehouse) for the property located at 941 Laskin Road (GPIN 2418716272). COUNCIL DISTRICT 6 (Remick) MEETING DATE: November 10, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Mini-Warehouse to develop a self-storage facility with ground-floor retail on a portion of a 4.1-acre B- 2 Community Business District zoned parcel. The applicant is proposing to construct a four-story self-storage facility with ground-floor retail with an overall building height of 54 feet, 7 inches, and a total floor area of 126,000 square feet, including 8,000 square feet of retail space. Per Section 903(b) of the Zoning Ordinance, when a zoning lot within the B-2 Community Business District adjoins an apartment district, a fifteen-foot-wide minimum yard shall be required along all lot lines adjoining the apartment district with Category IV landscape screening. Based on the conceptual plan, the existing landscaping appears to satisfy the applicable Zoning Ordinance standards; however, a comprehensive review of all planting and screening requirements will be conducted during final site plan review. The building is designed to resemble a commercial office or retail building and features fiber cement lap siding, James Hardie siding panels, EIFS, metal trellis canopies, metal awnings, and faux window systems. A freestanding monument- style sign is proposed along Laskin Road. The proposed sign will be eight feet in height and shall be designed using materials that are compatible with the architecture and building materials of the proposed mini-warehouse. A total of 26 parking spaces are required to support the uses: 2 spaces for the Mini-Warehouse use and 24 spaces for the proposed retail, with a total of 32 spaces proposed. ■ Considerations: Staff recommends denial of the request for a Conditional Use Permit for a Mini- Warehouse to develop a self-storage facility with ground-floor retail, finding it inconsistent with the Resort Area Strategic Growth Area (SGA) and the vision for the Laskin Road corridor. The Resort Area SGA calls for developments to have an active, engaging, and pedestrian-oriented frontage, while the goal of the Laskin Road Corridor is to serve as a gateway to the Oceanfront for both residents and Real Estate Pursuits LC Page 2 of 4 visitors, and uses within the corridor should promote and support that goal. While the applicant has proposed 8,000 square feet of ground-floor retail to create a more active, pedestrian-oriented frontage that would provide an amenity for residents and visitors, the primary self-storage use does not align with the vision for the Laskin Road corridor. Although staff does not find the use to be consistent with the recommendations of the Comprehensive Plan, staff does acknowledge the applicant's willingness to work with staff on the overall design of the building. The incorporation of high- quality materials and design along the entire Laskin Road frontage mimics the look of a more traditional commercial retail space rather than the more utilitarian design of a traditional self-storage facility. The use of the storefront windows along the entire ground floor on the Laskin Road frontage provides greater transparency, while the incorporation of awnings and building lights helps create clearly defined public entrances, all of which work to create a more active street-facing edge as recommended by the Comprehensive Plan. Similarly, the continuation of materials and fagade treatment along the upper floors, including the incorporation of large faux windows with metal awnings, better integrates the retail space into the overall design of the building in a manner that appears thoughtful and intentional. Prior to the Planning Commission hearing, the applicant proposed revised plans showing an increase in the proposed ground-floor retail from 6,000 square feet to 8,000 square feet and changes to the elevations to include a more coastal color palette to try to better conform with the recommendations for the area. Although the Active Transportation Plan calls for an 11-foot-wide Shared Use Path along Laskin Road, the applicant has indicated there would be difficulties with installing a Shared Use Path due to site constraints including reworking curb and gutter along the frontage of the site, relocating utility lines, relocating or modifying existing storm sewer systems and existing street lights, filling in wetlands along the northwestern portion of the site, and removal of existing mature vegetation. Staff is recommending Condition 4 to require the installation of a pedestrian facility along Laskin Road, with the exact dimensions and location to be determined during site plan review, when a more detailed review of the site constraints and associated impacts can be completed. The applicant presented to the Resort Advisory Commission's Planning and Design Review Subcommittee (PDRC) at the June 30, 2026, meeting; however, the group did not take a formal position on the application. Staff received 2 letters of support, 18 letters of opposition, and a petition of opposition with 1,040 signatures. Additionally, there was one speaker in opposition at the Planning Commission. Those in opposition noted concerns related to impacts to the environment, incompatibility of the use with the surrounding area and the Comprehensive Plan. Real Estate Pursuits LC Page 3 of 4 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On September 9, 2026, the Planning Commission passed a motion to recommend denial of this request by a vote of 7 to 3. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled, "Laskin Road Self Storage Conceptual Development Plan", dated June 24, 2026, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and incorporated herein by this reference. 2. The site shall be developed in substantial conformance to the landscape plan entitled "Laskin Road Self Storage Conceptual Planting Plan", dated June 24, 2026, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and incorporated herein by this reference. 3. The exterior of the building depicted on the Site Plan shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "Conceptual Elevations Laskin Road Self Storage", dated July 27, 2026, prepared by BWD Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 4. The exterior building signage and monument sign shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "Signage Sheet Laskin Road Self Storage", dated July 27, 2026, prepared by BWD Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 5. The applicant shall install a pedestrian facility (sidewalk) along Laskin Road the specific location and dimensions will be determined during site plan review and will be dependent upon any site constraints subject to the review and approval of the Director of the Department of Planning and Community Development. 6. Should outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: Real Estate Pursuits LC Page 4 of 4 a. 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. 7. The storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 8. There shall be no exterior (outside) storage of motorized vehicles, equipment, or materials on the property. 9. The first floor of the new building and all mechanical equipment serving the building will need to be elevated with at least 2 feet of freeboard, with a Finished Floor Elevation (FFE) of 9 feet or higher. 10. A final subdivision plat must be submitted for review, approval and recordation to create the proposed parcels. 11. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations 12. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Letters of Opposition (18) Petition of Opposition Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: )V Agenda A•• Pursuits LCV_B_ Property Owner: BIVI Real Estate LLC ' • • ' • September • 1 CouncilCity i District • Project Details Request Conditional Use Permit (Mini-Warehouse) , g Staff Recommendation Denial Staff Planner Alexis Bailey Location m .s Beach Gard-rt Pwx 941 Laskin Road o - + GPIN y7 °ovo 1.4 P O �i nunKrrniL tiN 2418716272 Pam. Site Size tigcy %aeA S°Rrote° �sq�v� o' 4.1 acres sFGz P 9 4 MAN°°M.N AICUZ {\NO,JP,V*LN s 9y�y0 �AVL mP O. 7bSH yt _ - - 70-75 dB DNL; APZ-2 Watershed Chesapeake Bay , v ', " i.A Existing Land Use and Zoning District Y Former Movie Theater/ B-2 Community Business ` ' Surrounding Land Uses and Zoning Districts North Laskin Road ' Shopping Center/ B-2 Community Business ° South Multi-family dwellings/A-12 Apartment i East Multi-family dwellings/A-36 Apartment West Indoor Recreation Facility/ B-2 Community Business Real Estate Pursuits LC Agenda Item 17 page 1 of 18 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Mini-Warehouse to develop a self-storage facility with ground-floor retail on a portion of this 4.1-acre B-2 Community Business District zoned parcel. • The applicant is proposing to construct a four-story self-storage facility with ground-floor retail with an overall building height of 54 feet, 7 inches, and a total floor area of 126,000 square feet, including 6,000 square feet of retail space. • The primary materials consist of fiber cement lap siding,James Hardie siding panels, EIFS, metal trellis canopies, metal awnings, and faux window systems. • Per Section 203(a) of the Zoning Ordinance, 1 space per employee on a working shift is required for a Mini- Warehouse facility, and retail establishments require 1 space per 250 square feet of floor area.Two parking spaces are required for the Mini-Warehouse facility, and 24 parking spaces are required for the retail space, for a total of 26 required parking spaces. A total of 32 parking spaces are depicted on the concept plan, exceeding the parking requirement by 6 spaces. • The site is located within the greater than 75 dB DNL of the AICUZ and the Accident Potential Zone 2 (APZ- 2).The proposed mini-warehouse is considered a compatible use within both the noise zone and the APZ. • Per Section 903(b) of the Zoning Ordinance, when a zoning lot within the B-2 Community Business District adjoins an apartment district without an intervening street, alley or body of water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required along all lot lines adjoining the apartment district with Category IV landscape screening. Based on the conceptual plan, the existing landscaping appears to satisfy the applicable Zoning Ordinance standards; however, a comprehensive review of all planting and screening requirements will be conducted during final site plan review. • A freestanding monument-style sign is proposed along Laskin Road.The proposed sign will be eight (8)feet in height and shall be designed using materials that are compatible with the architecture and building materials of the proposed mini-warehouse. • The Mini-Warehouse facility will be open from 6:00 a.m. to 10:00 p.m., seven days a week, with a maximum of two employees on site at any given time. Customers will access the facility utilizing keypads. The office for the Mini-Warehouse facility will be open from 9:30 a.m. to 6:00 p.m., Monday through Friday and from 8:30 a.m. to 5:00 p.m. on Saturdays. Real Estate Pursuits LC Agenda Item 17 page 2 of 18 Zoning History # Request B2 �—luq vs CUP (Indoor Recreational Facility) Approved `rsY- Rp' 1 02/17/2026 LpSK%tA ,�nK' o 2 CUP (Craft Distillery)Approved 01/7/2020 �y 3 CUP (Non-Commercial Private Marina) Approved 07/7/2015 - STC Approved 01/22/2002 2 -; CRZ (B-2 & R-7.5 to Conditional A-36) g ,,e2 Approved 06/12/2001 STC Approved 06/12/2001 A36 4 STC Approved 06/12/2001 STC Approved 06/12/2001 v STC Approved 06/12/2001 S'ORIOIE CIR STC Approved 06/12/2001 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 Ren MDC: Modification of FVR: Floodplain Variance Conditions ALT.,Alternative Compliance Evaluation - • • • The request for a Conditional Use Permit for a Mini-Warehouse to develop a self-storage facility with ground- floor retail is inconsistent with the Resort Area Strategic Growth Area and is therefore unacceptable.The Resort Area SGA calls for developments to have an active, engaging, and pedestrian-oriented frontage. While the applicant has provided 6,000 square feet of ground-floor retail to create a more active, pedestrian- oriented frontage, the primary self-storage use does not align with the vision for the Laskin Road corridor.The goal of the Laskin Road Corridor is to serve as a gateway to the Oceanfront for both residents and visitors, and uses within the corridor should promote and support that goal. While the proposed ground-floor retail will provide an amenity for residents and visitors, it is minimal in size compared to the primary self-storage use, which does not advance that goal. Although staff does not find the use to be consistent with the recommendations of the Comprehensive Plan, staff does acknowledge the applicant's willingness to work with staff on the overall design of the building. The incorporation of high-quality materials and design along the entire Laskin Road frontage mimics the look of a more traditional commercial retail space rather than the more utilitarian design of a traditional self-storage facility.The use of the storefront windows along the entire Real Estate Pursuits LC Agenda Item 17 page 3 of 18 ground floor on the Laskin Road frontage provides greater transparency, while the incorporation of awnings and building lights helps create clearly defined public entrances, all of which work to create a more active street-facing edge as recommended by the Comprehensive Plan. Similarly, the continuation of materials and facade treatment along the upper floors, including the incorporation of large faux windows with metal awnings, better integrates the retail space into the overall design of the building in a manner that appears thoughtful and intentional. The proposed development meets the dimensional standards for the proposed B-2 Community Business District, as well as landscaping requirements, to include building foundation and parking lot landscaping.The proposed parking meets and exceeds the parking requirement for both the proposed self-storage facility and ground-floor retail. Although, the Active Transportation Plan calls for an 11-foot-wide Shared Use Path along Laskin Road, the applicant has indicated there would be difficulties with installing of a Shared Use Path due to site constraints including reworking curb and gutter along the frontage of the site, relocating utility lines, relocating or modifying existing storm sewer systems and existing street lights, filling in of wetlands along the northwestern portion of the site, and removal of existing mature vegetation. Staff is recommending Condition 4 to require the installation of a pedestrian facility along Laskin Road, with the exact dimensions and location to be determined during site plan review, when a more detailed review of the site constraints and associated impacts can be completed. The applicant presented to the Resort Advisory Commission's Planning and Design Review Subcommittee (PDRC) at the June 30, 2026, meeting. Although staff recognize and appreciate the thoughtful building design, including the incorporation of a mix of materials and colors as well as the use of storefront windows and faux windows to break up the fagade, and the inclusion of 6,000 square feet of ground floor retail, staff does not support the proposal, as the use does not conform to the Comprehensive Plan's recommendation for this location and therefore recommends denial of the requests. Should the Planning Commission find the request to be appropriate for this site, Staff has included recommended conditions below. Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled, "Laskin Road Self Storage Conceptual Development Plan", dated June 24, 2026, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and incorporated herein by this reference. 2. The site shall be developed in substantial conformance to the landscape plan entitled "Laskin Road Self Storage Conceptual Planting Plan", dated June 24, 2026, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and incorporated herein by this reference. 3. The exterior of the building depicted on the Site Plan shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "Conceptual Elevations Laskin Road Real Estate Pursuits LC Agenda Item 17 page 4 of 18 Self Storage", dated July 27, 2026, prepared by BWD Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 4. The exterior building signage and monument sign shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "Signage Sheet Laskin Road Self Storage", dated July 27, 2026, prepared by BWD Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 5. The applicant shall install a pedestrian facility sidewalk along Laskin Road the specific location and dimensions will be determined during site plan review and will be dependent upon any site constraints subject to the review and approval of the Director of the Department of Planning and Community Development. 6. Should outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. 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. 7. The storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 8. There shall be no exterior(outside) storage of motorized vehicles, equipment, or materials on the property. 9. The first floor of the new building and all mechanical equipment serving the building will need to be elevated with at least 2 feet of freeboard, with a Finished Floor Elevation (FFE) of 9 feet or higher. 10. A final subdivision plat must be submitted for review, approval and recordation to create the proposed parcels. 11. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations 12. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all Real Estate Pursuits LC Agenda Item 17 page 5 of 18 applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information The site falls within the Resort Area Strategic Growth Area (SGA) and is identified as a Business Special Use Place Type. In the Business Place Type, the overarching goal "is to provide an attractively designed setting for groups and business and service uses" (p. 170, imagineVB 2040 Comprehensive Plan). Additionally, the Place Type is "expected to provide services for the surrounding local communities and accommodate a considerable number of daily trips" (p. 170, imagineVB 2040 Comprehensive Plan).The vision for the Resort Area SGA is for buildings to have an active, engaging, and pedestrian-oriented frontage. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and in the AE flood zone with a Base Flood Elevation (BFE) of 7 feet. There are no known historical or cultural resources that will be affected by this project. Traffic Impacts/Transportation e� tl �' y.'Nti t✓�t ivw L�I C $5 t £ Sf% g Existing Land Use z—2,000 ADT based on 4 acres of B-2 zoning Laskin Road 23,800 ADT' 34,800 ADT 1(LOS 4 Proposed Land Use 3—482 ADT based on 120,000 sf of self- storage (155 ADT) and 6,000 sf of retail (327 ADT) 'Average Daily Trips 'As defined by 'As defined by 120,00 'LOS = Level of 4 acre B-2 sf of self-storage and Service zoned parcel 6,000 sf of retail Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Laskin Road, in the vicinity of this application, is considered a four-lane divided major urban arterial. Real state Pursuits LC Agenda Item 17 page 6 of 18 There is a roadway CIP project slated for this area. Laskin Road Phase II (CIP 2-156) is for the construction of a six-lane divided highway in a 150-foot right-of-way from Oriole Drive to the Laskin Road roundabout. The feeder roads along Laskin Road within the project limits will also be removed. There is currently no funding for this project, and because of that, the design phase has not been initiated for this project. Active Transportation Plan The Active Transportation Plan recommends the installation of a 11-foot-wide shared use path along Laskin Road. ImpactsPublic Utility Water&Sewer The site is currently connected to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on 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 27, 2026 and November 3, 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 26, 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 November 6, 2026. Real Estate Pursuits LC Agenda Item 17 page 7 of 18 . • - .SITE DATA TOTAL AREA 2.2.AC EXISTING 20NING: B-2 �` - • EXISTING USE PARKING I j t'''OOD DUIv1P5TEF 1kOP05cD SUBDIVISION LINE PROPOSED USE: SELF STORAGE [NC'_OSIJPE PARKING REQUIRED ff 1 100 YEAR PLOODPLAIM1 -RETAIL 0 SP 1250 SF RETAIL) 24 SPACES l -SELF STORAGE 11 SPf EMPLOYEE MAX SHIFT) 3 SPACES _ PARKING PROVIDED: 'i25PAC 100'4-STORY BUILDING SETBACK 1 I � ADJACENT PROPERTY NOT j FIRST FLCOR LOADING INCLUDED IN CUP APPDCATION • low*& L------------ PROPOSED 4 STORY SELF STORAGE BUILDING RETAIL pFFICF I I PROPOSED BICYCLE � I STORAC'F I PARKING 1� r I , ,x � PROPOSED ACCESS EASEMENT I �I It P I 1� rf f`� e PROPOSED MONUMENT SIGN L A S K I N R O A D LASKIN ROAD SELF STORAGE N CONCEPTUAL DEVELOPMENT PLAN-June 24,2026 4. ./ IMMONS GROUP --°�' T D r+ aq (D r� v CL v � 00 r' c rD o 3 N N N r 00 _.I f7 IYI CONCEPT PLANT SCHEDULE PA REACH LANDSCAPE CAL REQUIREMENTS PARKING LOT INTEPIOR CALGVLATIONS: PLA INTERIOR PA RKING unLos nsT.ESucxToncv wuow wx 30R LNG LODNTEAOR OVERAGSPACERED9W -PARKING LOT INTERIOR PAREONG SPACE REQUIRED 9605E _ ;30 SF X 33 PARKING SPACES) PARKING LOT INTERIOR COVERAGEPROVIOED.I—SF EXISTING VEGETATION,TO REMAIN • FOUNDATION PLANTING -PARKING LOT INTERIOR TREE QUANTITY REQUIRED a TREES u Kw YAORZE IFAxTv/°ROxiF NAxir CIFYEM SF COVERAGE RFOJ 150 SF PLANTED AREA) n wruu' oY..' uxxErrs cox..cr rlw,. 'LOT INTERIOR TREE QUAMITV PROOVIDED)TREES I A SIGNAGE PLANTING t ,eew.V.. usual { DUMPSTERISCREENING e / •L�+L I • e...............,,�.:�. I I I ADJACENT PROPERTY NOT I / I FIRST FLOOR LOADING I INCLUDED IN CUP APPLICATION • I I E EXISTING VEGETATION, / I TO REMAIN PROPOSED A STORY _ /v SELF STORAGE BUILDING 3 I I —_ I 6.000 SF RETAIL I I *laoFFcE I I I ' 9 / I STORAGE I I I IS e a.,«,r.... .'�*'.,�.»�"aF.i.n:n... »f�k,"''r'E", g w EXISTING VEGETATION,TO REMAIN L A S K I N R O A D rD LASKIN ROAD SELF STORAGE °• m CONCEPTUAL PLANTING PLAN-June 24,2026 TIMMONS GROUP D ao Iv rD (D � Q v E-' c o Ln I-1 N r CO --1 (") LASKfFI '� 101111-4(Hake Metal Wrap) TS•S(M 900 Dry") • (YCMNekln Chad SOD ECHELONI i r .... 4 Story - $eH storage � lr Building 2ntl Flr awl O ; y. .3 i v ADriveway Entrance t - N 4 � MT62(D.amative P"'I Ho°FAC-CLAD) ..—S'l(Lap Siding FDer Cement -MTL-7(Faux Window System) -S(Sid"Panel MTb7 tFauX Window System)-.,,, ( HOD lames Hardie) .' HOD James Hurdle) K F3(Slorehont Window I-.__ __. _, _ ___ __-_ .___ .__ __...___-...____ .._.._..._____...___. _-__. _ _z.. V..^_ ._.___..__Mil-i(Met Awning ( -_ .. ... O C vHU) 4tA Fir � -_ (N lFS -- SRO(LaP Siding H.dT)Cement --__ _ \ - -- tF 60D James Hindle) 3rd fk --MR-7{Faux Window System) V ___-'____. _-- ._. _ q.- _l \ Imm _.._ .__ CM.2(SOWIer COune REIN— — b 2nd M _.c.:.; .. '._ — —•-- :_ �- _ _ _ __ - Mety.refl's CvnoPY. -t.(arclWclwa CMu _ bAD ECHELON) boo ECHELON) "'ZC) (D Ln bwd a re h i to e is P200 Conceptual Elevations �1 D o;27 p26 Laskin Road Self Storage O rD 0 3 h Ln 00 --I1 n • • —Mn-4(erake M.1.1 wiap) -Mna(Mw+aM+Mdd rmw r KOG:KINGSMN) • r� iineeneene ♦ i� t-:''* Tlew 4 Slim 3 .� Nd Sew 5(afap• c ciling 2nd W - ,,«�"".. S ,l 5 roi r,eV — .ter w• / e _.. off:.: P;,S,�, 1_-iParNMCIMR u x Mna(Coping 900 PAC-CLAD) 13•3(Mrs SOD MyN1) TS.1 p's.Complem r0" /? Scorksg ones BOA DryAt) a � 0 w i SM rt � 2nd R L P-201 ElevahonOption fy rri bwd a rc h i to c is 5 FT2Q15; Conceptual ElevationsPETERSON v — -----__._---- HEFT 2 f Laskin Road Self Storage Q r .r. (D v o r� 00 "I C� .............................. U LE E "U'R rage---- f Preferred Lockup#2 mm:Cmp m"f-s- A— CUBESMMT self storage . I------------- ---------------------------------------------- A(in) B B(in) Clin) DIFtin) D(ii) E(m) Flin) G[Ft in) G(inj T.,So i21 '52 171" 10 A,, '2.- —; 's,2 v :1 4—17-71-117 17,41 A 1.New Wall Sign 57.41 SF-1/P20 ARe&A-Z 2 Izeteril 3 A"Ik F77, CUBESnn r .: Pr.f-r.d Lockup 08 Nofe:Fh I 1-1 sign cl.Agn—d"dfi—fl-to be r.b"fled saparotely for A(m) BfFfln) B(inj C iFt n) C(in) D(,r) E(,,) F yni SQapproval F1,Now Monument Sign 91 SF M. 1 7.7 TP 7= 1 WN BI.New Wall Sion 36.56 SF-I IP201 ----------------------------k CI-New Wei go 13.36 SF-I/P Re&,03- b- El.New Wall Sion 19.35 5F-I/P2M m P-501 Signage Sheet P ETERSON SHEET 5 0'5t"t Laskin Road Self Storage COMPANIES. bwdarchitects 07/27/2026 rD n c off O'Q (D (D C: 0 h (A;;Ej : 00 Ili Site Photos C 3 z- c.r ,t Aid�o f "' ., iI �• ` i �,. - s .. �• <S '-mot At V Site • • Y _ hr A -CINEMA moss ALEHOUSE DOG MAGI° MAKlON VAL}A T a r WJfH THE WIND h - Real Estate Pursuits LC Agenda Item 17 page 14 of 18 Disclosure DisclosureV 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: as listed on application Real Estate Pursuits LC 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(F)No() If yes,name Representative: Tyler Rosa Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes&No() If yes,list the names of all officers, directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) s The Applicant is a Virginia limited liability company,which Manager managed by MVP Management, LLG a Virginia limited liability company,which is also Manager managed by Daniel McCahan,John M. j Peterson,and Nancy Z. McGrath. Does the subject property have a proposed or pending purchaser? Yes • No If yes,name proposed or pending purchaser: Real Estate Pursuits LC !! KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes() NoQ 1 yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust,! () O cross-col lateral ization,etc.) Real Estate Broker/Agent/Realtor. Disclosure Statement I rev. May-2024 page 1 of 3 Real Estate Pursuits LC Agenda Item 17 page 15 of 18 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation O 0 Architect/Designer/Landscape O O BWD Architects Architect/Land Planner Construction Contractor Q O Verra Construction Engineer/Surveyor/Agent Q O Timmons Group Legal Services Q 0 1 Williams Mullen 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 (�quncil, VBDA,C PA, Wetlands Board or any public body or committee in connection with this application. C,(---;A% \,L- b,\ N\vS M"kW%tVk,tU, W4- aa- 5/20/2026 Applicant Name(Print) J pplicant Signature Date "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 10/22/2026 Alexis Bailey T_l/P��%rl s�//i�P�/, 10/22/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Real Estate Pursuits LC Agenda Item 17 page 16 of 18 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application BIVI Real Estate LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONoo If yes,list the names of al/officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity I relationship with the applicant.(Attach list if necessary.) Fson Vickers-Smith Does the subject property have a proposed or pending purchaser? Yes No0 if yes,name proposed or pending purchaser. Real Estate Pursuits LC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No 0 ! yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, cross-col lateral ization,etc.) 0 Atlantic Union Bank Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Il Architect/Designer/Landscape Q 0 Saunders Crouse Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Timmons Legal Services 0 0 Williams Mullen PROPERTY OWNER CERTIFICATION READ:l certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Jason Vickers-Smith 19 May 2026 Property Owner Name(Print) Pr191y Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Real Estate Pursuits LC Agenda Item 17 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. Real Estate Pursuits LC Agenda Item 17 page 18 of 18 B2 ID tA VO) 0, . ..... %—PIS TT7 ......... 10 . A36 RT B2Mt, Al2 .ki 8 CM Site Real Estate Pursuits LC- N Zoning 941 Laskin Road W*J- Property Polygons S Feet 0 45 90 180 270 360 Map created by Planning Department on 9/8/2026 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #17 Real Estate Pursuits, LLC Recommendation: RECOMMENDED FOR DENIAL Discussion Clerk: Our next item is Item 17,Real Estate Pursuits,LLC. Mr. Coston: Excuse me. I think, I'm hearing a request for a 5-minute break. Mr. Plumlee: I can sit down,right? Mr. Coston: Yes. Mr. Rose: Good afternoon, Chairman Coston, Madam Vice Chair Byler, members of the Commission. My name is Tyler Rose. I'm a local land use attorney with the law firm Williams Mullin. Here today on behalf of the applicant and the project, The Shops, Laskin Road. We deferred the matter from the August 12th Planning Commission meeting to conduct additional public outreach and to respond to comments that we received from the public and the city. During the deferral period, we conducted an additional community meeting on September 3rd. In preparation for that community meeting, we sent letters to all the adjacent property owners and businesses. I personally called the Salt Meadow Bay Apartments and the Woodbury Forest Apartments to confirm the receipt of the letter and that they were making the residents aware of the meeting. I emailed everyone that had submitted a letter of opposition to the city as of the date of the meeting, to give them notice of the public meeting, And the meeting was also published on the Planning Commission's website, making them aware and providing my contact information if there were any questions. So, although we wish there were greater attendance at that meeting,we do believe we made every effort to engage with the community, make them aware of the meeting, and have an opportunity to discuss their questions and concerns regarding the project. So, additionally, during the deferral period, we did update our plans and submitted those to the city. We do recognize that those plans did not make it into the staff report, unfortunately, and acknowledge that it creates a bit of an awkward position in terms of the discrepancy. However, we don't believe the changes made during the deferral period submitted to the city preclude full consideration of the project from the Commission and the public. The scope of the changes were to update the color palette on the building to add more blues and coastal-inspired tones to better integrate into the resort area in the oceanfront corridor. We added 2,000 square feet of retail to bring the total to 8,000 square feet, and that's not up to. It is 8,000 square feet of retail. That is the maximum we believe the project can accommodate, based on the parking of the property, and we slightly changed the subdivision line in response to feedback from the city Fire department during this subdivision plat review,which is going on concurrently with this application. So, for purposes of planning and public consideration,we believe the project is fundamentally the same as what's in the staff report, and it is a mixed-use project with ground floor retail and self- storage. And believe that the comments we have received to date from the public reflect a full understanding of the project,despite the staff report's findings and recommendation of denial. We do believe the project is consistent with the comprehensive plan. Reviewing the staff report shows that the two primary conclusions in the recommendation are that the self-storage use do not align with the vision of the Resort SGA,and the self-storage use do not align with the goal of the Laskin Road corridor. The report continues and says that the vision for the resort SGA is for buildings to have an active, engaging,and pedestrian-oriented frontage,and we believe this project meets that vision. We have 8,000 square foot of retail, targeting a variety of tenants. We have high-end design and architecture, and we have a proposed pedestrian path. And the report further acknowledges that the project's thoughtful design works to create a more active street-facing edge, as recommended by the comprehensive plan. The report also says that the goal of the Laskin Road corridor is to serve as a gateway to the oceanfront for both residents and visitors, and we believe we meet this goal as well. We're transforming a vacant parking lot into a class A modern building with attractive design and retail options. The building is intentionally designed not to look like a storage facility. If you drive by, you would not know that it is a storage facility. It would be a Class A building with ground floor retail. There is no large signage on the building you may see in some other facilities. There is discreet signage on the far right corner of the building, over the office, and then some signage on the monument sign. But that really is the only indication that it's a storage facility. And the loading facility and the dock is at the rear of the building. So we believe we meet that goal as well. So we also believe we're consistent with the business special use place type, the goal of which is to provide an attractive, attractively designed setting for groups and businesses and service uses, and to provide services for surrounding local communities. And to quote a staff report from a recently approved storage facility just up the road, quote: "The storage facility will provide a service to surrounding businesses and residences, and we believe this facility will as well. Plus, provide additional retail to provide additional services to the community." And further regarding the other project up the road that was recently approved and found consistent with the comprehensive plan. Although we recognize that those two projects were evaluated under different comprehensive plans, when you review the 2016 and the 2040 comprehensive plans with respect to the resort SGA, the both have very similar goals with respect to unique senses of arrival and pedestrian- oriented environments. So, we believe that this project is substantially similar in terms of comprehensive plan and Resort SGA compliance as the recently approved project up the road,but we have an additional pedestrian-oriented retail component. So we believe that this project should receive similar consideration for compliance with comprehensive plan. And not only do we believe this is a consistent use,but we believe this is the highest and best use for this property. Given the zoning and development restrictions on the property. The property,the uses on the property are restricted for underlying zoning and overlay restrictions. It's in the B2 district,the AICUZ Noise zone of the APZ2 zone,And that really limits a lot of the uses,especially alternative uses that people have asked us about,including multifamily, residential,high-capacity restaurants, hospitals,nursing homes, and daycare facilities. And further,the unique shape of the parcel to be when it's subdivided,it's a bit of an angular parcel. Further constrains a lot of the development considerations for the property in terms of building placement, setbacks, access, parking layout, as well. So, we believe that self-storage with the ground-floor retail is one of the few viable uses that are allowed under this property and the combined zoning restrictions, and also provides the maximum value and tax revenue for the property. Additionally,one of the comments we've received is with respect to traffic. Self-storage, by nature, is a low-traffic generator. Most customers only visit their units once a month, and we've conducted a traffic impact study, And which accounts for the entire property the padel facility to be developed,the storage facility, and the 8,000 square feet of retail—and it results in an overall 65%reduction in traffic with relative to the prior movie theater use there. So, we don't believe there will be substantial traffic impacts related to the project. We also received comments from the community regarding the potential environmental impacts regarding the project. So, during the deferral period, we Commissioned an environmental study, and that study found that there would be no adverse impacts to wetlands, RPA, stormwater, threatened or endangered species. The project will reduce the overall impervious coverage on the property and improve the stormwater quality on the property by redirecting the stormwater into the existing treatment pond. Rather than just running off the parking lot into the surrounding marshlands and storm, or in wetlands and marshlands adjacent to the property, we've also received several questions of why another storage facility and is this really needed in this area? So,the market demand for this type of facility at the oceanfront, surrounding communities in the city, as at large, remains strong, and when defining a particular demographic and market for a storage facility. There's usually a two- mile radius that is kind of accounted for. Within two miles of this project, there are a number of new multifamily, senior housing, infill developments that are proposed and that have recently been developed. So, which will increase the demand and population going forward. Virginia Beach, as a whole, has a transient military population and a very seasonal visitor population, too. That provides additional demand that is unique to this area. Small businesses account for about 20% of the customers in these type of facilities, and then a lot of the facilities in the area are older facilities that don't have a lot of the modern amenities, safety control measures, and climate control. And some of the more recent facilities that have been built,We believe,by the time this comes online,that those would be either leased up or close to leased up. So, in terms of market demand, by the time this project comes online,and the increased population that's anticipated,we think there will be strong market demand at that time as well. So, in conclusion, we believe this is a great project for this property, representing its highest and best use. It's going to be a class A commercial building that will not look like a storage facility. Has been purposely designed for that purpose, we believe, is consistent with the zoning restrictions,the comprehensive plan,and city precedent for other facilities in this corridor. So,we would respectfully request a recommendation of approval. With that approval,accounting for the plans that are in your supplemental materials,which I believe would effectively require the update of the dates on conditions one through four. So,I'll stand by for any questions you may have. But thank you for your time and consideration this afternoon. Mr. Coston: Thank you, sir. Madam Clerk, do we have any speakers? Clerk: We have one speaker,Jackie Silberg. Ms. Silberg: Greetings, Commissioners. My name is Jackie Silberg. I'm a 26-year resident and taxpayer of Virginia Beach, a business owner, and a single mother. For the last nine years, I've raised my son at Woodbury Forest Apartments. We are directly behind and on the side of the proposed site. Behind this site is our beautiful Salt Meadow Bay Marsh. We have enjoyed watching the marsh, the ducks, the babies arrive every spring, and get peace and harmony with living with the marsh. This is a fragile marsh, an ecosystem that supports hundreds of different birds,turtles,water wetlands, and connects eventually into Rudy Inlet, Lake Wesley, and into the ocean. We,the people,are opposed to this project site for many reasons. We have an online petition that was started 30 days ago, and we have now 1,188 signatures against this. We understand that they want to incorporate restaurants,but don't be fooled. This is a metal storage facility. There's great feedback on the petition on the site at change.org, and you can read that as well online. We are not opposed to development, but we are, we are in, looking forward to green, future forward development for our city. One,we the reasons why we are opposed. There are already two storage unit facilities on our street, within less than a half of mile of my home. Last year, two years ago, you approved Ocean Storage to build another storage facility on Bird Neck and Laskin Road, which increases traffic,and they have 24-hour access. Three, there are over 71 storage units within the facilities and boundaries of Virginia Beach city limits, with many vacancies. Four. There are plenty of lots to build on that are not next to our precious and sensitive marsh. Five. The property has been a parking lot with in the movie theater since 1972, vacant most of the late hours in the daytime hours. We have seen and done a lot of building census,and we feel anything that is allowed to be built there must have an environmental impact study,which they did not have at their original public meeting. Six, But instead of asking what can we build here,I believe we should be asking,what should the gateway of Virginia Beach, the boardwalk, become and look like for the next hundred years. This is prime real estate. We must slow down and think and consider. We want, and the people want, to represent nature, education, culture,tourism,made in America, commerce. The city could and has the opportunity to purchase this and make a great,welcoming park and make plenty of revenue well into the future. Seven, the city's Owns 2040 Comprehensive Plan calls for an environmental Sustainability improvement on flood and Sea Level rise, resilience, wildlife habitat, ecological diversity, and great public enjoyment of nature. This lot can do that. This is a site and opportunity for forward- thinking green building,not a giant metal storage facility with vision. Mr. Coston: Excuse me, ma'am. Ms. Silberg: Yes. Mr. Coston: Your time is out. Can you wrap up? Ms. Silberg: Sure. Let's think about our children. Let's think about our generations from now. Do we want to get another storage facility off Laskin Road? No,thank you. And please read the comments on the petition. Thank you for your time. Ms. Hippen: I have a question. Ms. Silberg: Yes. Ms. Hippen: Did you go to the meeting? Ms. Silberg: All of them,yes. Ms. Hippen: You went to all of them. Ms. Silberg: And the reason he made deferment? Because I brought up the fact that they did not give public awareness for the original public meeting. It was only given to business owners. There was not a direct connection with the residents and the people that live here. And that's why I'm here, because we are a working class community that lives and resides around that, and we have to go to work, and we can't always make a noon meeting on a Wednesday, and that's not okay. Ms. Schoonover: But before you go, sorry, I have a question to you. Are you aware? This is something I had learned more recently about these self-storage units. Are you aware of how malleable these buildings are? And I ask because, for example, this particular building. If in the future we find that there is a market demand for something else there,because they did work to try to find something that would work there,that would meet the criteria we were looking for. Ms. Silberg: right? Ms. Schoonover: If in the future there is a market for something different there, they can completely redo this building and put something else there. Do you still object to the building, knowing that it is so malleable? Ms.Silberg: Absolutely. I think this site just came up recently,with,you know,as the new owner sold it,with the padel facility being offered. I think we have to slow down and take our time. We are directly connected to the marsh and all those animals. For forty years, there has not been anything in this parking lot. Why are we going to jump the gun and put this giant building there? We have enough storage units,and I think we need to slow down. Almost 1,200 people agree this is not the vision. Ms. Schoonover: What kind of building did you have in mind there? Ms. Silberg: It doesn't even have to be a building. It could be a recreational park. It could be conservation, education. It could be walkways into the boardwalk and drivable passes,pathways with golf carts, we could slow down the amount of traffic. You're going to be putting 24-hour access into a building with more traffic and more impact on that area. Ms. Schoonover: So, am I understanding it correctly that you prefer that it not be a revenue- generating development. You'd rather it be preservation land of some. Ms. Silberg: Absolutely. Ms. Schoonover: Is that also the view of the other people who have submitted this? Ms. Silberg: We they are opposed to a storage unit, and their majority of the people on there. I didn't talk to every single one of them want conservation? They want to go with your city's 2040 agenda of eco-friendly, environmental, and education. When we're building, we need to incorporate that we're not doing a great job at as a city,and we need to slow down. Ms.Schoonover: Okay,so broadly speaking,you really prefer no development of any kind there. Ms. Silberg: No,we are open to development,but not this quickly and not at this level in the size and the impact, and, like I said,the majority. Ms. Schoonover: I've got you. Ms. Silberg: Yeah. Ms. Schoonover: So knowing that there isn't much of a demand for the things we'd prefer to have there, do you still object to the development of this property for some other use in the meantime? Ms. Silberg: No. I'm open. It has to make sense environmentally, and also for the people that live there and pay taxes,not just for a business owner to make a lot of money. I believe there's not enough public awareness and conversation about what is going to go there. It is one of the last beautiful lots that we have coming into our boardwalk, and it's connected to the marsh, and we have to slow down and think consciously more about what we're building and how we're building it, and what we want to see as people, food trucks that could come in and out. We're looking at tourism,things that represent Virginia Beach people,our sea life,high-end American-made crafts, people that live here,not another commercial storage unit with a fancy name and a fancy restaurant. Ms. Schoonover: Okay,thank you. Ms. Silberg: Thank you. Mr. Coston: The applicant. Please come back for rebuttal. Mr. Rose: Thank you, Commissioners, and thank you, Ms. Silberg, for your comments. Been one of the constituents who've been communicating with this project, so definitely understand we're the scope for comments. So, in terms of the items you raised here,in terms of slowing down with respect to this development,my understanding is that this property has been on the market in terms of leasing activity for several years, and in terms of a lot of either the use restrictions or the nature of the property,there has been not a lot of demand in terms of some of the alternative uses. And this has been a project that meets a lot of the requirements. So, in terms of slowing down, this has been a longer process than, notwithstanding the fact that property owner just acquired the property, but, you know, this property has been under consideration for leasing activity for a while. In terms of turning it into a city park,obviously that would require the city buying the property from the from the private property owner. Don't know if that's something that the city would be inclined to do at this point, but that would. It's not as simple as a private developer turning it into a city park, either. In terms of the notice for the original community meeting, we did send the same notices to adjacent property owners. There were people that were made aware of it;they either just didn't attend. But in terms of sending the notices to the apartments, we sent them to the front office and the property manager and asked them to make folks be aware of the community meeting. So obviously,we didn't knock doors,but in in terms of if a particular resident wasn't made available of that,you know, there were some limitations in terms of the notices that you were providing to an apartment complex like that. Additionally,this will not be a 24-hour facility. It cuts off at 10 p.m., So the hours of operation would be from 6 a.m. to 10 p.m. For the warehouse facility. The office would be open from 9:30 to 6 p.m. Monday through Friday, and then 8:30 to 5 p.m. on Saturdays. So it would not be a 24-hour facility, as stated. So again, we believe that, you know, in terms of environmental impacts, we have evaluated those. We do think it will be an overall improvement in terms of the stormwater runoff to the marsh and the stormwater treatment going into the treatment pond. The study found that there would be no adverse impacts in terms of the endangered species that may or may not be present or the Marshlands in general. So we have believed that we've done everything we can to evaluate the environmental impacts or lack thereof. But so I would just close with that. We maintain that, you know, this is a great project for this parcel, and we believe that we've addressed all the impacts and have listened to the community that and the issues that they've raised, and we've done everything we can to evaluate those issues and believe we've addressed those here today. But I'll stand by for any additional questions you may have. Thank you again. Mr. Coston: Commissioner Hippen,then Commissioner Plumlee, and Commissioner Camp. Ms. Hippen: Okay, so this is the third time that this property has come before this board. Okay, the first time was for a church;they got deferred for 30 days because of lack of community contact. You deferred last month because you wanted to get with the community. How many people were at your meeting, not including people doing the project? I mean,how many community members were there? Mr.Rose: So there were two. I think there was two community members,and then an individual who I think was with the Chesapeake Bay Board. So I don't know if he was in there in a capacity, private capacity, or the board capacity,but either two or three. Ms. Hippen: What time of the day was the meeting, and where was it? Mr. Rose: It was from 5:00 to 6:30 at the Virginia Beach Oceanfront Library, the community room. Ms.Hippen: Okay,all right. So this area here,you've seen the 2040 Comprehensive plan. Okay, and this is not what the comprehensive Plan calls for. You,you do understand that? Mr. Rose: Well, I believe that the comprehensive plan is really more design driven and goal oriented. I don't believe it actually calls for particular uses,and I think the way that we've designed the project to make it look like a class A commercial building,to have an active frontage,to have retail, to have pedestrian-oriented uses. I think that we do meet a lot of the goals that are in the new comprehensive plan. I don't believe that it lists particular uses which are governed by the zoning ordinance,but,you know, in terms of reading a comprehensive plan,and the vision and the goals of the comprehensive plan. you know, obviously, happy to agree to disagree. But I think that there's. We would meet a lot of the vision and the goals and the aspects of the comprehensive plan that are stated in the current comprehensive plan. Ms.Hippen: And why do you think staff recommended denial? Mr. Rose: Well, I think it's, I think it's primarily maybe a oversaturation of or a perceived oversaturation of storage facilities in this area. When you look at the evaluation for our use, it's really use-driven. In terms of the self-storage facility itself is not a pedestrian-oriented use,which is inconsistent with the vision of the resort SGA and the goal of the Laskin corridor. I think that that does not account for the mixed-use nature of the project. We do have pedestrian elements, with a retail component to it, a proposed pedestrian path, and when reviewing the staff report for the other facility up the road, that one was found to be consisted primarily on design aspects and the architectural aspects, and so the ours was more use-driven and oriented, whereas that one appeared to be more design and elementally driven for consistency with the comprehensive plan, so obviously, I can't speak. I can only speak to what the report says and how it's been evaluated. But reading the report, I believe it was more of a use-driven oriented, use-driven analysis here,whereas previously, it was more of an architecturally driven analysis, which I believe is how the comprehensive plan is written. And in terms of the goals associated with the comprehensive plan,are more aesthetic and cohesive in nature, and having developments be more cohesive with surrounding uses and the corridor there,which I believe that we satisfy. Ms. Hippen: Okay, so I think you kind of agreed with why they disapproved it, and part of your answer. But I'll let it go at that. I'll let it go at that. Mr. Coston: Okay. Mr.Plumlee: Okay,Mr.Rose,I don't want to catch you unprepared on any items,but I'm curious. What is the loading side for the storage facility? Based on the, I don't know if you can go back to the other slide. Mr. Rose: It would be on the concept plan. In the very rear of the property, if you see that rectangle at the top there,where the kind of arrow,the back of the property,that's the loading dock. Mr. Plumlee: So that's the loading dock, and that areas anticipated to be clear for trucks to come and go from that side, or vehicles to come and go from that side. Mr. Rose: Correct. Mr. Plumlee: And then, it's my understanding from looking at the report, that only two parking spaces are required for the mini storage for employees to park. Is that fair? That hadn't changed from the most recent plan. Mr.Rose: Correct. Yeah. No,we still satisfy parking. It may be one space. I think it's one space per employee working for the mini warehouse facility. Mr. Plumlee: And then it's -- the rest of the parking is to be dedicated to the retail use. Is that fair? How many storage units are proposed? Mr.Rose: Based on the square footage on the revised plan,I believe it's approximately 800 units. I think would be able to fit into that building. Mr.Plumlee: So 800 individual units of 500 square feet,or what are we saying? Square footage wise. Mr. Rose: Well, so there's a variety of types of units that, and the calculation really is driven based on kind of the square footage,and it is an approximation. I don't believe there's been a floor plan generated with respect to particularly units,but it's usually square footage driven,and the type of units that generally are seen in these type of facilities, Mr. Plumlee: Have the aisleways or the drive lanes been designed to accommodate the level of traffic that could be called upon to enter and exit that number of storage locations. Is this elevation engineered to that? Mr. Rose: My understanding it is. I do have the project engineer in the audience. If you would like a more technical answer on that particular question, Mr.Plumlee: We looked at a church use at this site,as we've already talked about,and a big deal to us was the amount of traffic volume addressed. And I've heard from a lot of folks who don't want a lot of traffic coming out of there. Well,then I look at a 4-story storage unit facility, and I have a lot of folks that don't want a 4-story storage unit facility with a lot less traffic. So I'm trying to gauge: is this when we? When we look at the parking area,it's very small,but when we actually look at traffic impacts for 800 potential locations, have we,have we designed this to that criteria? And what do we anticipate? That's important. Mr. Rose: Yeah, my understanding that it has been evaluated in anticipation of that number of units. The store,the traffic impact analysis accounts for that size of a storage facility, in addition to the retail and the Padel facility. So, in terms of the type of traffic generation, it will remain a low traffic generating use by nature. But then also the circulation and the parking on site,and then any kind of traffic impacts have been fully evaluated based on that square footage of the facility and the anticipated number of units associated with that square footage. Mr. Plumlee: The other issue, I'm not sure the engineer is required for this. You know. It's important to understand there's sheet flow occurring right now off this parking lot. It's been going on since the parking lot was constructed there. It's been impacting the wetlands every day that that parking lot is there. It's a parking lot and it's not going anywhere unless something else replaces it. Can you explain,with a little more particularity,where is that water going to be diverted? Are tanks required? Are you going to have to disturb this cap? That's there. Raise or lower the elevation. You know,that sort of data. Do you have that ability to explain that? Mr. Rose: I'm going to do my best. My understanding is there is an existing dry pond on the property that is on the kind of other side of the property on the former beach cinema side. See that the transparent building. My understanding is there's a dry pond back there. That was sufficient in terms of the water, stormwater quantity, and in terms of having sufficient treatment of that stormwater. So the stormwater and will be redirected back to that dry stormwater pond back there for treatment, and then it will, you know, go treated into the Marshlands and in the surrounding Wetland areas rather than just. Mr. Plumlee: So the sediment will be held within the storage pond before the water is released into the wetland. Mr. Rose: Correct. Yeah, and my understanding is the pond is sufficient to handle the current pond configuration. Mr.Plumlee: Now,have you considered,or was it considered,to have more retail on the 1 st floor than this 8,000 square feet in the most recent plan? And why isn't there more retail planned for the first floor? Mr. Rose: Yeah, we have, and we've been considering. Just kind of, your answer is yes, and really,the limitation is the number of parking associated. I think it's one space per 250 square feet of retail. So, given the site constraints and the availability of parking, 8,000 square feet was the maximum amount of retail that we were able to accommodate for the project. Mr. Plumlee: And even with the shared arrangement with the padel facility next door, you couldn't get more parking to add more retail. Is that fair? Mr. Rose: That would be fair. Yeah, that hasn't, really. That will be a shared, joint access agreement, but I believe that they have their own parking considerations associated with their project,too. Mr. Plumlee: So you mentioned the site had been on the market for 5 or 6 years, I think. Mr. Rose: Yeah, my understanding, speaking with some of the retail broker associated with the site,in some conversations,he said that they've been marketing this property for,you know,several years, and you know, again, so in terms of, it's slowing down the process. This project just happened to come along. It's consistent with all the restrictions,and it's a project that can be built on the site, and,you know,will provide a,you know, a really class a project for this property. So there have been other projects that have been considered, but for one reason or the other, either market demand or use restrictions,those haven't come to fruition. Mr.Plumlee: But my recollection is the movie theater was operating up until maybe about a year plus ago, something like that. Mr. Rose: Just shortly before the Padel facility. Mr. Plumlee: So the lease was coming to an end. They've been shopping this around for other uses. Is that fair? Mr.Rose: Correct. Yeah,and I believe there was some activity even kind of at a prior point,that prior to that lease expiration, and maybe anticipation of that lease expiration as well. But yeah, there was some additional retail advertisement of the property shortly before the lease expired. Mr.Plumlee: I guess,you know,in looking at the opposition of this,and by the way,that petition made it to my house last night,and my marital privilege will keep me from disclosing the response to it. But I think, you know, we have got a concern for the wetlands. I have a concern for the wetlands right now. We have a parking lot. Water just washes into them without treatment. You know,and takes everything off that,off that,everything that settles on that parking lot goes straight into it. That's the current situation we have. You know, I know,we always look at profitability as number one goal in these projects because we want business. Tell us about the overlay and the restrictions of this overlay, and what can be done. Can we put a hotel there? Mr. Rose: No. Mr. Plumlee: Can we put residential development there? Mr. Rose: Cannot put multifamily residential. Mr.Plumlee: And why is that? Mr.Rose: It is restricted under the APZ-2 zone. It would be an incompatible use. Mr. Plumlee: And so,right now,we're limited to retail. Is that fair? Broadly speaking. Mr. Rose: Yeah, broadly speaking. Mr. Plumlee: We could have had the assembly hall for the church that was there. That would have been allowable. Mr. Rose: I don't believe,yeah, I don't believe,you can have assembly uses. Mr.Plumlee: If I may, under the, and you can ask and you can follow up and contradict me later on your own time. But I guess what I'm asking is,the assembly use was available under the Navy overlay. That was we didn't vote for. I understand that, but the overlay, it was permitted for assembly use. But we're fairly limited and restricted on what we can do at this location. Mr. Rose: Correct. Mr. Plumlee: All right. Thank you very much for that, for that cross examination. I appreciate it. Mr. Rose: No problem. Been a while, Mr. Coston: Commissioner Camp. Mr. Camp: I'm hopeful this will be easier. Two questions with regard to the site plan along Laskin Road, and condition number five states that the applicant shall install a pedestrian facility sidewalk along Laskin Road. Details to be determined. In order to do that and reach the next street over to the east, you are going to have to cross that wet area over there. Even if everything else about this site is fine and easy, I think that's going to be a challenge. I mentioned this to you earlier. Have you had a chance to look at that? Do you anticipate that that is a condition you will be able to comply with? Mr.Rose: So,the engineers have evaluated that. We have evaluated the prior project, evaluated on this project,the same site constraints. So, in the proposed condition that the city has provided, the location and scope of the use path would be determined at site plan review. My understanding and reading that condition that it's as determined by the director of planning as well. So there is a feasibility component to that,with based on the site constraints. So it may not even be the location and width of the use path,but if it, if the environmental impacts outweigh the pedestrian use path. At this point, I believe that the as determined language would allow for kind of a feasibility determination at the site plan review as well. Mr.Camp: So it is your understanding that,potentially the word"shall"doesn't mean"you shall." That there could be something extending from the driveway over toward the east, only so far as it's economic to build it, even if it doesn't go anywhere or connect to anything. Is that your understanding? Mr.Rose: So my understanding was that it shall, as will,be dependent upon any site constraints. So it would be kind of a conditional, and that was my understanding of the condition. I've, you know,we can discuss that. Mr. Camp: Okay. Well, that was the question I asked you. I thank you for answering it, that you've generated, if I may, a question to staff after my second question. My second question is along the theme that some of the other Commissioners have mentioned. This site has been here with your advocacy, I think,three times, not counting deferrals. Three different concepts for this land. Do you envision challenges in executing what you're seeking to execute here that could potentially bring you back a fourth time, or are you only here because the mini storage requires a conditional use permit, and otherwise,you would just fall back on the underlying B2 to figure out what to do with it? Mr. Rose: So, to so, I guess in terms of if there was a different use that came before the -- if I was, if the property owners were approached with a different use to build on that property that didn't require a condition of use permit, then I believe that would obviously not require the legislative action that we're here for. If it was, if the condition of use, if the storage facility did not require a condition of use permit,then I believe that this project still would be the highest and best use for this property in terms of traffic impact, especially the design on the building, the retail component to it, the mixed use nature of it. So, the fact, it requires a conditional use permit. Is obviously why we're here. Mr. Camp: I'm obviously not asking you to advocate against your own project. That's not what I'm doing, But it is recommended for denial by staff. There is public opposition. There are questions and concerns among the Commission. So potentially, council might turn this down. I guess, I'm asking -- well, I'm going to just knock that off, because if you come back, we'll ask it then. I do have a question for staff, though, if I may,to the planning staff. When condition five was written, shall install,with some flexibility as to,as I take it,the dimensions of what's going to work there,was it your intent that it would actually go somewhere and get to the to the adjoining street? Staff. Yes, sir. It was our intention that, and I do need to commend the applicant because before that was even shown on the plan, they asked us what they could do to improve their project, and one was the design of the building, and two was putting this walkway in place. And so, yes, the intent is to build this walkway and have it connect. Mr. Camp: Thank you. So, what I would call a logical termini—that is, it actually takes you somewhere, not just into open property or street. So,with that clarification, I'm going to ask you the question again: Do you think that you can comply with Condition 5, as staff has now clarified it? Mr. Rose: Well, yeah. Again, our understanding was, and obviously, we have been discussing this particular piece of property and the feasibility of the use path,and then also the future VDOT plans coming in. So our understanding was that, you know, we would do everything we can to develop the use path without causing more second and third order issues related to stormwater impacts and city infrastructure. So our reading of the and will be dependent upon any site constraints,was that we shall install it. The location to be determined at site plan, but the path as a whole would be dependent upon any site constraints, subject to review and a determination by the planning director. If the overall impacts were just so great that it didn't make sense to actually to develop the path. But if there was confusion there,then I,you know, happy to have that further discussion with staff. Mr. Camp: I thank you for answering my question. Ms. Hippen: One more. You said that there is a pond behind where the current theater building sits. Mr. Rose: Yeah. Ms. Hippen: Okay,I see. I'm looking at Google Maps. Mr. Rose: Yeah. It's a dry pond. Ms. Hippen: Excuse me. Mr. Rose: It's a dry pond. So it's not what. Ms. Hippen: There's a whole bunch of trees back there, and then I see the marsh that the that the lady was talking about. So are you looking at drainage going into that marsh? Or am I just not seeing the --you said there is a pond back there. Mr.Rose: Correct. I don't. Since the property has been vacant, I don't believe it's. I think there is some overgrowth in that pond. But there, if you on the if you're looking at the movie theater on the right side, you go back. So it's kind of recessed down in, kind of a ditch, but it's. It's a dry pond. There's grass back there, maybe overgrown, but it's there. It may not be visible given the tree coverage on Google Maps, but there is a dry pond there that has been evaluated by the engineers, and I've been out there and seen it personally as well. Ms. Hippen: Okay, I just want to make sure that that again, the natural habitat around that area is coming to mind, and when I look at this, I'm seeing that. If a lot of drainage happens, you're going to be messing with that marsh,that natural habitat. And, by the way, shall means you will. Just thought I'd add that. Mr. Plumlee: Is there a drainage engineer, erosion, sediment control engineer that helps us address it? Ms. Hippen: Come on up. Well,you could have come up when I asked the question. Staff: Staff has some information as well. If you would like information about the stormwater management, what's there now. We haven't seen what's planned, so the applicant can speak to what's planned. But we definitely, we pulled the plans from the late 80s, so there is a stormwater management system in place. It doesn't just sheet flow into the marsh. There is an extended dry detention basin behind the building. There are stormwater pipes within the parking lot now, so there is stormwater management, although to a lesser degree, on the property. Ms.Hippen: Thank you very much. Mr. Music: Hello, and for the record, my name is Brandon Music. I am with Timmons Group, the civil engineer. Ms. Hippen: Well, she just answered the question. Mr. Music: Here to answer questions. Mr.Plumlee: I have an additional question. Understanding what's there now,what is planned as any kind of improvement to what's already there? Mr. Music: So it's definitely overgrown. I've been back there. I've taken pictures of it. It needs a lawnmower and a weed eater, some fierce, but the city and DEQ both classify it as a infiltracin basin, so water goes in; it infiltrates into the ground. There's a outfall structure that water will stage up, get to a, you know, attenuate the flow before it goes down into the marsh. All of that was designed years ago. So,for this project,and really the padel project next door,the bulk of the stormwater runoff is generated from impervious surfaces. I'm not telling you anything you don't already know, but this project and the Padel project are cumulatively decreasing the impervious surface. So by that in itself,we are reducing the amount of runoff and volume going to that basin today. So in whatever capacity it's working today, it's going to be a betterment. In the proposed condition, after it gets cleaned up. Mr. Plumlee: Where is the reduction in impervious surface coming from? Is it just in the buffer that you're proposing? Mr. Music: So, no, it's kind of all throughout the site. So, right now, it's a big,just, I mean, concrete parking lot. There's not a lot of tree islands out there. But with this project,we're going to be carving out, and the padel project,we're going to be carving out those impervious areas and introducing more green area than what's out there today. Particularly, I know it's kind of hard to see, but in the bottom left corner of the site plan, that's probably where most of your credit is happening. But it's,you know,the parking lot today goes very much at a point, and we're carving all that back out and giving it back to the marsh and putting more turf in. Ms.Hippen: Thank you. Ms. Schoonover: I'd like to make a motion, if I may. Ms. Schoonover: Okay. I move that we approve this application. I was initially hesitant about this multi-use retail and self-storage project,as it was not our preferred use for the space. However, after reviewing this matter,I'm not no longer concerned. One,there does not appear to be a market interest in our preferred use at this time. Two, it is not an easy location to put other uses there. It is as a mini-storage space. It is so malleable; it can be converted at any time in the future. So, if there's ever a time when there is market for our preferred use, then that space could be easily converted. There is a market demand for self-storage. I personally have two, two storage units, and I kind of need another one. So, I do know that there is a high demand for self-storage in the city. In addition to support the city's preference,the applicant has designed the facade to resemble office space and included usable retail space below, making it the multi-use space the city would, in fact, prefer. And lastly, they have provided the maximum retail space below allowable based on parking restrictions. As a result, I am now in support of this application due to its extreme malleability. Mr. Coston: Ms. Alcock. Staff. Yeah, I just want to get one porting clarification, Commissioner Schoonover. Are you doing that as submitted and included in the staff report, or as revised and presented by the applicant? If you could just make that clarification. Ms. Schoonover: The revised application they have submitted. Mr. Coston: Second? Mr. Coston: Okay, I have motion by Commissioner Schoonover and a second by Commissioner Mr. Plumlee: Can I be heard prior to the vote, Mr. Chair? I'm only explaining my vote a little bit, and I don't mean to elaborate, but so much today, I apologize. You know, I think it's just a little too much. I think it could be pulled back a little more. I don't that this number quite meets what needs to be at this location. I know the struggle for finding uses at this location, and the perfect often is to the detriment of the good, but this is a special site. I think it could be pulled back, and so I'm going to vote against it. Ms. Byler: So, I also am not in favor of this, in spite of the excellent presentation by Attorney Rose and the engineers, and I do respect a lot of work has gone into this. I will say your very comments. That you're trying to make it look like, or you're trying to alter the appearance, is substantiation that it's the wrong use for this site. We're trying to disguise it because it is the wrong use for this site. That's what the comprehensive Plan says,and that's what the staff says,and that's what I say. I would say to respectfully to my fellow Commissioners' comments, that it could be easily converted to something down the road. That is incorrect because the size of this building is taking up almost the entire lot, so there's no room for parking, and there will be no ability to convert this to anything else except for what it is now, and that's a warehouse. You wouldn't put a warehouse on Atlantic Avenue,and you shouldn't put a warehouse on the gateway to the beach. This is a very unique site, and it's an inappropriate use. In my opinion, Mr. Coston: Commissioner Camp? Mr.Camp: I am concerned that this came back fairly quickly from the last time that this property was before us, and the particular issue with condition Five. I commend you for attempting to put that pedestrian walkway in. I think if once it eventually exists,however, it gets there, it will serve this site, all of the occupants of the site, and the surrounding community. I am not sure you're going to be able to do it, and I'm not sure that. There is a sound understanding between the staff and the applicant of what you're actually agreeing to here. And I would hate to see that be a sticking point. In addition, I concur with the Vice chair and with the staff on their overall assessment of the fit with the Comprehensive Plan. Mr. Coston: Ms. Hippen. Ms.Hippen: So this site,this site is. Way across town from where I live. However,the area that you want to put this storage facility in,this is not the land use that is prescribed in this area. And I'm sure you already know where I'm headed with this. It's a business decision. How many storage units are around you, and whether or not it's profitable. That's we're here for land usage. We're not here for business decisions. It's very clear to me that, and I have to echo what the Vice Chair said. You trying to disguise what the building looks like, because you know it ain't supposed to be there, and I'm just gonna leave it at that. Sir, you are very eloquent with what you say. I was just messing with you. Thank you for your input, but this is not the place for that facility. Mr. Coston: Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 3 to 7, Item 17, Real Estate Pursuits LLC,has been recommended for denial. Vote Tall Commission Member AYE 3 NAY 7 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. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled, "Laskin Road Self Storage Conceptual Development Plan", dated June 24, 2026, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and incorporated herein by this reference. 2. The site shall be developed in substantial conformance to the landscape plan entitled "Laskin Road Self Storage Conceptual Planting Plan", dated June 24, 2026, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and incorporated herein by this reference. 3. The exterior of the building depicted on the Site Plan shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "Conceptual Elevations Laskin Road Self Storage", dated July 27, 2026, prepared by BWD Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 4. The exterior building signage and monument sign shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "Signage Sheet Laskin Road Self Storage", dated July 27, 2026, prepared by BWD Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 5. The applicant shall install a pedestrian facility sidewalk along Laskin Road the specific location and dimensions will be determined during site plan review and will be dependent upon any site constraints subject to the review and approval of the Director of the Department of Planning and Community Development. 6. Should outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. 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. 7. The storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 8. There shall be no exterior (outside) storage of motorized vehicles, equipment, or materials on the property. 9. The first floor of the new building and all mechanical equipment serving the building will need to be elevated with at least 2 feet of freeboard, with a Finished Floor Elevation (FFE) of 9 feet or higher. 10. A final subdivision plat must be submitted for review, approval and recordation to create the proposed parcels. 11. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations 12. City Ordinances and Standards remain applicable to this property.Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the. Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Ross D.Vierra Birdneck Point Resident 713 Bobolink Drive Virginia Beach,VA 23451 July 27,2026 Virginia Beach Planning Commission and Virginia Beach City Councill c/o Department of Planning&Community Development 2403 Courthouse Drive,Building 3 Virginia Beach,VA 23456 Re: Letter of Support—Proposed Retail and Storage Use at 941 Laskin Road(GPIN 2418716272),City Council District 6 Dear Chair and Members of the Planning Commission: I am writing in strong support of the proposed retail and storage development at 941 Laskin Road. I am a lifelong Virginia Beach resident and live in the Birdneck Point community,immediately adjacent to this corridor,and I believe this project represents a thoughtful and appropriate use of the site. Laskin Road is one of the primary gateways to our Oceanfront,and this stretch is in need of additional retail amenities that serve both residents and the millions of visitors who travel it each year.This development delivers exactly that. Just as importantly, it puts an underused parking lot back into productive service—activating a parcel that today contributes little to the corridor and turning it into a well-designed,revenue-generating asset for the city. The developers have clearly put significant effort into the design. The result reflects the high-end,coastal character that this part of Virginia Beach deserves, and it will complement rather than detract from the surrounding neighborhoods.This is not a generic commercial box; it is a project designed with the setting in mind. I would also encourage the Commission to consider the storage component specifically in the context of this site.The parcel—a subdivision of the former Beach Movie Bistro property—lies within the 70-75 dB DNL noise zone and Accident Potential Zone 2 (APZ-2).Those designations meaningfully constrain what can responsibly be built here. The proposed storage use loads from the rear,keeps the active retail frontage facing Laskin Road, and is genuinely well matched to a location within the crash and noise zone.In my view,it represents the highest and best use for this constrained portion of the parcel — a use that is compatible with the AICUZ guidelines while still allowing the property to be developed to its full potential. Taken together,the proposal adds needed retail to Laskin Road,reactivates an underutilized site, honors the coastal character of the area, and places a lower-intensity storage use exactly where the site's noise and accident-zone constraints make it most appropriate.For these reasons,I respectfully urge the Commission and then City Council to recommend approval. Thank you for your service to our community and for your consideration. Respectfull , Ross D.Vierra (0 Birdneck Point Resident 713 Bobolink Drive Virginia Beach,VA 23451 9 IERR CONSTRUCTION+DEVELOPMENT July 7, 2026 Letter of Acknowledgement 941 Laskin Rd Retail and Self-Storage Development Project Virginia Beach, VA 23451 This letter serves as acknowledgement that the developer's representative and builder have informed us about the proposed development project located at 941 Laskin Rd, Virginia Beach, VA. Based on the information provided, I understand that the proposed project includes 4 story building that will have retail space on the first floor and will include self-storage in the remaining space and will have quality design features. I also understand that the project will require certain approvals, including a conditional use permit, through the appropriate local review process. I acknowledge that I have been made aware of the proposed development and have had the opportunity to ask questions or request additional information regarding the project. I have no objection to this project's approval and have been notified and understand the general nature of the proposed d elopment. Sincerely, Signatut Name: Address: 30G 2"°t s Si-t I t/ 1�0`t 2 3 Gl Date: 7 2 Jorge A. Dabul 472 Goodspeed Road Virginia Beach. VA 23451 iadcpa59 Wuniall.com July 22, 2026 To: Virginia Beach Planning Commission and Virginia Beach City Council Re: Opposition to the Proposed CubeSmart Self-Storage Development at 941 Laskin Road Dear Members of the Planning Commission and City Council, I am writing to urge you to deny the self-storage development proposed at 941 Laskin Road. As a Virginia Beach resident. I care deeply about how our limited commercial land is utilized -especially in one of the corridors that shape first impressions of our City. The property sits on one of only four major gateway corridors designated by the City to create a welcoming sense of arrival for residents and visitors entering our resort area. A large, nationally branded self-storage facility is inconsistent with that vision and does not belong at one of Virginia Beach's most prominent entrances. The proposal is also inconsistent with the City's Comprehensive Plan and the long-term vision for the Laskin Road Gateway. Regardless of architectural enhancements,yet another self-storage facility is not the type of development envisioned for this signature gateway and does little to contribute to the vitality, character, or economic strength of the corridor. At best, such a facility adds only nominal employment,especially when compared to the jobs and economic activity that a more appropriate commercial use would generate on this highly visible site. The City's own review process reinforces this conclusion. The Architectural Review Commission(ARC) has recommended against the project, and we understand that Planning Staff also does not support the application. Those recommendations deserve significant weight. There is also no demonstrated need for additional self-storage in Virginia Beach. A locally owned facility opened approximately one block away and an additional facility would result in a third self-storage facility within blocks of one another. The oversupply is well documented in Virginia Beach and continues to grow,making additional facilities unnecessary and economically unjustified. Approving yet another facility on one of the City's designated gateway corridors would permanently occupy a site that could instead support a use aligned with Virginia Beach's vision,tourism economy, and long-term planning goals. Residents generally are not opposed to self-storage as a land use; we are opposed to placing an unnecessary facility at one of the most important entrances to our City. For these reasons, I respectfully ask you to deny this application. Thank you for your consideration and for your service to the City of Virginia Beach. ncerely, Jo ge . Dabul -- July 20, 2026 To: Virginia Beach Planning Commission and Virginia Beach City Council Re: Opposition to the Proposed CubeSmart Self-Storage Development at 941 Laskin Road Dear Members of the Planning Commission and City Council, I respectfully urge you to deny the proposed CubeSmart self-storage development at 941 Laskin Road. The property fronts one of only four major gateway corridors designated by the City to create a welcoming sense of arrival for residents and visitors entering our resort area. The proposal is inconsistent with the City's Comprehensive Plan and the long-term vision for the Laskin Road Gateway at one of Virginia Beach's most prominent entrances. The City's own review process reinforces this conclusion. The Architectural Review Commission has recommended against the project, and I understand that Planning Staff does not support the application. Those recommendations deserve significant weight. There is no demonstrated need for additional self-storage at this location. A locally owned facility opened approximately one block away, adding more than 1,000 new storage units,which represents roughly an additional ten-year supply for the service area. The three-mile trade area already contains approximately 21 square feet of self-storage per capita,more than double the Hampton Roads regional average. This market is already oversupplied. A use consistent with Virginia Beach's vision,tourism economy, and long-tern planning goals should occupy this highly visible site. This proposal is generating significant public opposition, not because residents oppose self- storage, but because this is simply not the right location and the service area is already well, if not over, supplied. For these reasons, including the lack of market need, inconsistency with the Comprehensive Plan, conflict with the City's gateway vision,the recommendations of the Architectural Review Commission and Planning Staff,and widespread public opposition, I respectfully ask you to deny this application. Thank you for your consideration and your continued service to the City of Virginia Beach. Respectfully, Michael E. Barney PO BOX 964, Virginia Beach, VA 23451 From: Kaytren Bruner To: Alexis Bailev Subject: Concern for Proposed Storage Facility Project on Laskin Rd Date: Tuesday,August 4,2026 1:17:31 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachment unless you recognize the sender and know the content is safe. Hello Alexis! I was born and raised in Virginia Beach and am a resident on 23rd st in Old Beach. I wanted to share my concerns regarding the proposed self-storage facility on Laskin Road. I believe a huge storage building is the wrong fit for one of the primary gateways into our Oceanfront and resort area. Heading East on Laskin Road toward the beach is one of the first impressions visitors have of Virginia Beach, and a large commercial storage facility would be an eyesore that adds no value for tourism. Our resort area should reflect the character of Virginia Beach and prioritize an attractive, welcoming development. I don't believe another large commercial building, especially a storage facility, supports that vision. I also hope the City continues to preserve the area and the marshland. Those natural areas are part of what makes Virginia Beach unique, and once they're developed,they can't be replaced. I am writing to express that I 100%oppose this development and respectfully ask that you consider the long-term character of the area and deny approval of this project. Thank you for your time and consideration. Kaytren Bruner Old Beach Homeowner From: Kathy Browning To: Alexis Bailey Subject: Conditional Use Permit for mini-storage at 941 Laskin Road Date: Wednesday,August 5,2026 5:21:21 PM Attachments: DC Logo final small.ong KBrowning 2026.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. Alexis Bailey, Virginia Beach City Planner Ref: Conditional Use Permit for an Indoor Recreational Facility at 941 Laskin Road Accela. No. 2025-PCCC-00170 I would like to express my concern about the request for a Conditional Use Permit for mini.- storage at 941 Laskin Road. The original presentation in November 2025 included a restaurant. It recently changed to a 4 story - 54'-7" height storage facility. The Laskin Road Gatewaywas designed to greet our visitors with natural habitat, professionally designed art and landscaping and elements compatible with the neighboring communities. Is this what we want to anchor the Gateway? There is nothing "mini' about the size, design and use of this building. If this was a new development I wonder if the Planning Commission and/or City Council would approve the plans. Please feel free to reach out with any insight or questions. The Best, Kathy Browning, CMP, MIRM, CGP, CAPS Design Consultants 708 Terrace Avenue Virginia Beach, VA 23451-4745 kgbrowning@att.net 757-618-3876 (c) "1` �.g From: Jackie Schilbero To: Alexis Bailev Subject: Conditional Use Permit-Mini WArehouse-Schilberg Date: Thursday,July 30,2026 3:35:05 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachment unless you recognize the sender and know the content is safe. Re: Conditional use Permit Mini WareHouse 941 Laskin Rd, Virginia Beach Va 23451 Dear Mrs. Bailey, Thank you for your help on the phone today to help me understand the process of the committee and how permits are issued and how to voice our concerns as tax paying citizens. I am completely against another storage unit being built on Laskin Road. WE already have Ocean Storage with two units on this street less than a block for this projected sight. We have seen an increase of traffic and congestion from the storage places and if the feeder roads are projected to disappear it will cause more problems. As a resident that has lived in Virginia Beach for over 26 years the speed and amount of building is mind boggling. I have enjoyed living at Woodbury Forest Apartment for over 9 years. We are located directly behind the proposed sight. We still have a live living Meadow and Marsh that homes many song birds cranes, turtles and ducks year round around the entire back and side of this lot. This is a working class area and we get many joys seeing and living in harmony with the wildlife. We usually have 5-7 sets of Ducks born each year. WE know this sight must be thought and planned out carefully because of the sensitive wet land around it. And we are running out of land. We know we can do better for the Marsh, and the wildlife than another storage unit. The city of Virginia Beach currently has 71 storage facilities and many have availability. Ocean Storage was just permitted on our street to build another storage unit less than two years ago. WE the tax payers say NO MORE . We are looking to add to our city, highlighting our amazing diverse wildlife and working for a better GREEN living as well as green eco friendly materials at the beach! THis area is one of last large lots for the working class residents of VA Beach. Please do not put another Metal ugly heavy building next to our homes and wet lands that we love. WE know better and now must do better to think about seven generations from now- environmentally, ethically and want a better GREENER place to live and play for everyone including the wildlife. We also would love an environmental impact study because the lots has mostly been empty more than 50 percent of the time being a parking lot. This building is a disaster and we deserve better. Thank you for your time and listening to my concerns about my home where I LIVE. Truly a single mother-of an FC graduate attending VCU in the fall an Edgar Cayce Alumni, Jackie L. Schilberg 715-458-6333 ps. I would also like to speak as a representative of the "no's" for WoodBury Forest Residents that cant attend. From: Kevin Wilson To: Alexis Bailey Subject: CubeSmart Self-Storage Date: Saturday,August 1,2026 12:52:15 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments l unless you recognize the sender and know the content is safe. _1I To:Virginia Beach Planning Commission and Virginia Beach City Council Re: Opposition to the Proposed CubeSmart Self-Storage Development at 941 Laskin Road Dear Members of the Planning Commission and City Council, I respectfully urge you to deny the proposed CubeSmart self-storage development at 941 Laskin Road. This is simply the wrong project for one of Virginia Beach's most important gateway corridors.The Laskin Road Gateway is intended to create a welcoming first impression for residents and visitors entering the resort area. A four-story, 120,000-square-foot self-storage facility is inconsistent with that vision and is not the type of development envisioned for such a prominent location. The proposal also appears inconsistent with the City's Comprehensive Plan and long-term vision for the corridor. It is particularly noteworthy that both the Resort Advisory Commission and, as I understand it, Planning Staff have concluded the project should not be approved. Those recommendations deserve serious consideration. There is also no demonstrated need for another self-storage facility. A locally owned project recently opened approximately one block away, adding more than 1,000 new storage units, roughly a ten-year supply for the area. In addition,the surrounding three-mile market already contains approximately 21 square feet of self-storage per capita, more than double the Hampton Roads regional average. This market is already oversupplied. This proposal has generated significant public opposition because residents believe this highly visible gateway deserves a use that better reflects the character and long-term vision of Virginia Beach. For these reasons, I respectfully ask that you deny this application and preserve this important gateway site for a more appropriate future use. Thank you for your time and thoughtful consideration. Respectfully, Kevin Wilson Chief Executive Officer Buzz Franchise Brands, LLC 2829 Guardian Lane, Suite 100 Virginia Beach, VA 23452 Connect on Link In w 757 215 4146 From: Brett Fiskus To: Alexis Bailev Subject: Laskin Road Self Storage Date: Thursday,August 13,2026 1:12:38 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachment unless you recognize the sender and know the content is safe. Good Afternoon Alexis, I am writing this email to express my opposition to the proposed Laskin Road Self Storage Development. As a local resident, I have concerns about the negative impact this development could have on the surrounding community. I ask the City to carefully consider the negative impact and not approve this project. Very Respectfully, Brett Fiskus From: Shechris Neikirk To: Alexis Bailey Subject: New Storage Facility on Laskin Road Date: Tuesday,August 4,2026 3:52:33 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. Hi-I just wanted to voice my concern/opposition to another storage facility coming to Laskin Road. There are already several in the area. We have a unit at Ocean Storage and I've noticed that many of the units are not full. When we shopped around,there was availability at all of the facilities nearby. It doesn't seem that there is a demand for more storage facilities.The plot of land that they are looking at would be great for more retail or entertainment. Would love to have a movie theater come back to the Beach Cinema Drafthouse! Thank you, Christine Neikirk Community Engagement Smartmouth Brewing Co. 313 32nd Street Virginia Beach VA 23451 757-478-3836 From: Judy Aspinwall To: Alexis Bailev Cc: John Subject: Notice of Opposition Date: Wednesday,July 22,2026 7:45:52 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 Alexis: This is an email to let you know that John&I are opposing the construction of yet another self-storage business on Laskin Road at the former movie theater site. We're long-time residents of Birdneck Point,&here are the reasons why we oppose this. There are currently three other self-storage facilities in that immediate area,&two are less than 1/4 mile away from the proposed location that I mentioned above. The construction of an additional warehouse looking building so close to our neighborhood certainly wouldn't be attractive for us&our many neighbors to see coming&going on a daily basis,OR for the many visitors to see as they drive into our beautiful oceanfront area. Thank you for your consideration of our opposition to this proposed business. Judy&John Aspinwall 1045 Curlew Dr. Va.Beach,VA. 23451 From: Keegan McLaughlin To: Alexis Bailev Subject: Opposition of Laskin Road Storage Facility Date: Monday,August 10,2026 3:35:02 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachment unless you recognize the sender and know the content is safe. Hi Alexis, My name is Keegan McLaughlin and I would like to voice my opposition to the storage unit facility that is proposed for Laskin Road/Salt Meadow Marsh. I was born and raised in Virginia Beach, living in the North End, Croatan and now a resident of Old Beach. I have real concerns about the proposed self-storage units under review for Laskin Road. Having grown up so close to the water and beach, I've seen firsthand how much our coastal areas struggle with flooding and drainage,even without additional development.A large storage facility means a large amount of impervious surface,which increases stormwater runoff in a part of the city that is already flood-prone.Adding more hardscape so close to the marsh and low-lying areas near Laskin Road seems like the wrong direction for a city that's actively working on flood mitigation. I'm also concerned about what this facility would say about our resort area. Laskin Road is one of the main routes visitors take to reach the Oceanfront, and it should reflect the best of Virginia Beach, not a large, utilitarian storage building. I am proud of our City and want one of the main roads into our beach community to feel like an extension of what makes Virginia Beach special,not an industrial-feeling structure that doesn't belong in a resort hub. Given the flooding risk and what this would mean for one of our main paths to the Oceanfront, I strongly urge you to deny approval of this project. I appreciate you taking the time to read this and hope you'll factor these concerns into your decision. Thank you, Keegan McLaughlin From: Hobie Whitmore To: Alexis Bailey Subject: Opposition to Proposed Laskin Road Self Storage Facility Date: Wednesday,September 2,2026 12:38:17 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachment unless you recognize the sender and know the content is safe. To the Virginia Beach Planning Department, I am writing to express my opposition to the proposed self-storage facility. Given the existence of two nearby self-storage facilities already serving the area, I do not believe there is a demonstrated need for another project of this size. The proposed building is massive in scale and appears inconsistent with the character of the surrounding community. Rather than enhancing the area, it would add a large commercial structure that generates limited economic activity, employment opportunities, or community benefit compared to other potential uses of the property. I respectfully ask the Planning Department to consider whether this project truly serves the long-term interests of nearby residents and businesses and to deny approval of the proposal. Thank you for your consideration. Sincerely, Hobie Whitmore 31148th Street, VA Beach, VA 23451 757-287-3695 From: lisa bruner To: Alexis Bailey Subject: Opposition to Proposed Mini Storage Near the Oceanfront Gateway Date: Monday,August 10,2026 8:31:40 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 Virginia Beach City Council, I am writing to express my concern and opposition to the proposed mini-storage facility currently under review. This location is an important gateway and main thoroughfare leading into the Virginia Beach Oceanfront,one of our city's most important tourist destinations. A large mini-storage facility in this prominent location would negatively impact the appearance and character of the area and would not be an appropriate use for such a visible gateway. There are already several storage facilities just a block away along Laskin Road,making another facility in this location unnecessary and potentially creating an overconcentration of this type of development. I respectfully ask the City Council to consider the long-term appearance,character,and economic importance of this gateway to the Oceanfront and to reject the proposed mini-storage development. Thank you for your consideration and for your commit Lisa Bruner Lifelong resident of Va Beach From: rick To: Planning Commissioners Cc: Robert Remick Subject: Please Uphold Staff's Denial Recommendation—Agenda Item 8,Laskin Road Self Storage CUP Date: Wednesday,August 12,2026 9:54:44 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Chair and Members of the Planning Commission, I'm writing regarding Agenda Item 8 on tonight's agenda,the Conditional Use Permit request from Real Estate Pursuits LC for a mini-warehouse/self-storage facility at 941 Laskin Road. I'm asking you to follow staff's recommendation and deny this request. I'm in the business of building and developing,and like every other developer I'm always looking for the next great opportunity. But this one doesn't work. Staff's own report is clear on why this use doesn't belong here.The site sits within the Resort Area Strategic Growth Area,designated a Business Special Use Place Type,where the Comprehensive Plan calls for an active,engaging, pedestrian-oriented frontage. Laskin Road is meant to serve as a gateway to the Oceanfront for residents and visitors alike.A four-story self-storage building—even dressed up with ground-floor retail and storefront windows—is fundamentally a storage use, not a destination that supports that vision.Staff acknowledged the applicant's design effort but still concluded the use itself doesn't conform to the Comprehensive Plan and recommended denial. Beyond the Comprehensive Plan conflict,there are already two new storage facilities within a half mile of this site.Approving a third self-storage facility in such close proximity doesn't serve any real community need—itjust consumes a key corridor parcel that could otherwise support the retail, hospitality,or pedestrian-oriented uses the Resort Area SGA is meant to attract.This location is too valuable,and too visible as an entry point to the Oceanfront,to be used for storage units when the market is already saturated nearby. appreciate the Commission's time and consideration, and I urge you to side with staff's recommendation and deny this application. Sincerely, Rick Savino Virginia Beach Resident From: Morgan Aspinwall To: Alexis Bailey Subject: Proposed Self-Storage Development on Laskin Date: Monday,July 27,2026 1:28:14 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. Good afternoon Ms.Bailey, I hope this emails finds you and yours doing well.I was given your email as a point of contact,so I also hope that my thoughts below are directed to the correct person! I am writing regarding the proposed self-storage facility adjacent to the former Beach Cinema Ale House. As someone who walks the peaceful marsh every day--often twice a day—with my toddler and puppy,I would be incredibly disappointed if the City allowed the natural,uninterrupted,and tranquil character of this space to be disrupted by a tall,unsightly storage facility. Not only is there already a self-storage building less than a block away,but this proposal also seems to undermine the significant time,effort,and resources the City recently invested in upgrading the boardwalks and enhancing the overall experience of the marsh walking paths.I regularly see residents from the Pinnacle and surrounding communities enjoying these walkways,and I am confident many of them would share my frustration at seeing their peaceful marsh views replaced with a looming self-storage building and prominent signage. One of the greatest draws of living in the growing Artery District is the opportunity to enjoy the open sunrises and sunsets while walking through this beautiful area.Constructing a large storage facility in such a prominent location would diminish that experience and set a troubling precedent for future development. I believe I speak for many residents when I say we would be deeply disappointed that the City is even considering such an incompatible addition to our community.I appreciate your time and consideration and trust that our City's leaders will make a thoughtful decision that preserves the character and beauty of this unique space. With-much gratitude, Morgan Aspinwall (757)641-5823 3205 Huntwick Lane Virginia Beach,VA 23451 From: Nancy Allan To: Alexis Bailey Subject: Proposed storage garage Date: Tuesday,August 11,2026 9:07:00 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. The last thing we need on Laskin Road near the oceanfront is another storage facility. A new one opened up recently much less than a mile away on Laskin, so it's ridiculous to consider a second one so nearby. Please vote against this and find a better use of the property. Nancy Allan From: Nezb eaigy To: Tm naRron:arcome wmaon ex: vhMFe,Marc�elk ra SubJeeb RE:Real EsfMe Pursugs 1c/...1-11 Ra'tle Doh: Monday,Aiqust 3,—1—:00 AM AtbcM1mards: maoe00�ono ae00a nna Hi Tim, I hope you are doing well. Yes,they are proposing to split the site with the western side as a padel facility and the eastern side as a proposed self-storage facility with 6,000 square feet of ground floor retail. The letter of opposition has been received and will be provided to Planning Commission and City Council prior to their respective hearings. Let me know if you have any questions. Have a great day, Alexis Bailey(she/her) DEPARTMENT OF PLANNING&COMMUNITY DEVELOPMENT Planner 1,Planning Administration Division 0:(757)385-8745 1 alebadevnd vbvov.com htt ns://ola n ning,yirgin is bea c h.aov/ 2403 Courthouse Drive Municipal Center,Building 3 Virginia Beach,VA 23456 CITY oaf VlRG�lV�A BEACH From:Tim Daffron<Tim@daffmnconstruction.com> Sent:Monday,August 3,202610.36 AM To:Alexis Bailey<alebailey@vbgov.com>;Breomie Harrison<BNHarriso@vbgov.com> Cc Robert Remick<WRemick@vbgov.com>;vbortho<vbortho@cox.net> Subject:RE:Real Estate Pursuits LC/BIVI 941 Laskin Rd :CAVTroN:This email wrginated from outsdeofthecityof Vkgnis Beach D not dick links or open attachments niessyo recognize the-iderand krro thecoctentis safe Alexis, Thanks for the prompt response.So PADEL would in theory still happening but splittingthe site to include more mini storage on eastern half—correct?Regardless,the Laskin corridor doesn't need another mini storage(3 within 1500 ft?!?),we would strongly oppose the application. Thanks, Txn Darrron DAFFRON TGYJ CONSTRUCTION CO. T�a«aM�awr�,.�A 1o3 cma.e�eao.a wabe xn vraF�rsast 0 9 a—.— a X 810.1— 0— —AT- ti 011 0 0 0 From lexis Bailey<aleba ilevlavheov.com> Sent Monday,August 3,2026 10:29 AM To:Tim Daffnan<Tm(a)daffron,onstrurt on.,,m-;Greatme Harrison<RNHarri,o(Dvb—ronn Subject:RE:Real Estate Pursuits LC/BIVI 941 Laskin Rd HI Tim, I hope you are doingwell. There are two separate applications submitted for 941 Laskin Road,a Modification of Conditions to a Conditional Use Permit for an Indoor Recreational Facility to modify the conceptual site plan and conceptual landscape plan to reduce the boundary of the Conditional Use Permit to only include the western half of the site and a Conditional Use Permit for a Mini-Warehouse to develop the eastern half of the site with a self-storage facility. Let me know if you have any questions. Have a great day, Alexis Bailey(she/her) DEPARTMENT OF PLANNING&COMM UNITY DEVELOPMENT Planner 1,Planning Administration Division 0:(757)385-8745 1 leb,iii-Oviagov ro, httns-1/olann nigMadmah-ch env 2403 Courthouse Drive Municipal Center,Building 3 Virginia Beach,VA 23456 BEACH From:Tim Daffron< Sent Monday,August 3,2026 10:11 AM To:Breotnie Harrison<RNHarrisot@vhwv com Subject:FW:Real Estate Pursuits LC/BIVI 941 Laskin Rd I cl ick Inks or open aftach—ts unless you recop,ze the sender a�know the content is safe ---------------------------------------—------ ---------—------------ We are APO at 100&101 Pinewood Rd and received notification. Not sure what happened with the PADEL FOUNDRY(as previously advertised)or is the mini warehouse facility the use permitfor this operation?If not with not 1 but 2 Ocean Storages within a stones throw the last thing VB needs on the Laskin corridor is another mini storage.If this this is the case,we would strongly oppose approval of the CUP. Regards, V.a,,.- DAFFRON From: Diane R To: Alexis Bailev Subject: Sept 9th Hearing:Conditional Use Permit:Mini-warehouse Date: Sunday,August 30,2026 3:27:36 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. August 30, 2026 Diane P Rinehard 1032 Quail Covey Lane Virginia Beach, VA 23451 Opposition to Proposed Mini-Warehouse at 941 Laskin Road Dear Members of the Virginia Beach City Council and Planning Commission: I am writing to express my strong opposition to the proposed mini-warehouse/storage facility at 941 Laskin Road. This property is located less than one-half mile from the Virginia Beach Oceanfront, and Laskin Road is one of the primary thoroughfares used by residents and visitors traveling to and from the Resort Area. Because of this highly visible location, I believe development of this property should complement and enhance the Oceanfront—not introduce another industrial-style use so close to our resort district. There are already two mini-warehouse/storage facilities within approximately one-half mile of this proposed location. Adding another large storage facility raises a reasonable question: Is this really the best and highest use of property located at one of the major gateways to the Virginia Beach Oceanfront? Virginia Beach has invested considerable effort and resources in making the Oceanfront an attractive, welcoming destination for residents and visitors. A concentration of mini-warehouse and storage buildings along a major entrance to the Resort Area works against that objective. Regardless of how attractively the building might be designed, its fundamental use remains storage rather than a business or amenity that contributes to the vitality of the surrounding area. I also understood that indoor padel courts had previously been proposed and approved for a portion of this site. If that is correct, I would like the City to consider whether recreational, restaurant, or indoor entertainment uses would be more appropriate for this location. These types of businesses could serve nearby residents while also contributing to the experience of visitors traveling to the Oceanfront. At the same time, because residential neighborhoods are located close to this property, I would not support outdoor entertainment uses that could create excessive noise or late-night disturbances. There should be a reasonable balance between protecting nearby residents and encouraging development that strengthens the Resort Area. Land this close to the Virginia Beach Oceanfront is limited and valuable. Once it is developed with a large mini-warehouse facility, the opportunity to use that property for something that better supports the Oceanfront may be lost for decades. I respectfully ask the City to deny the proposed mini-warehouse use at 941 Laskin Road and encourage development that enhances this important gateway to the Virginia Beach Oceanfront and is compatible with both the Resort Area and the surrounding residential community. Thank you for considering the concerns of residents when making this important land- use decision. Sincerely, �l<rite(�r�i�te�ar� Diane P Rinehard Virginia Beach Resident From: Bo Schrott To: Alexis Bailey Subject: Storage Facility Laskin Rd Date: Friday,August 7,2026 12:34:48 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 Alexis Bailey, I hope this email finds you well. I am writing to express my opposition to the proposed storage facility planned for the property next to the old movie theater on Laskin Road. As the owner of Nick's Restaurant, In the Field, and Broadside Realty—all located on Laskin Road—as well as another business on Birdneck Road, I have a strong interest in the continued growth and appearance of this corridor. While I fully support economic development and understand the importance of allowing businesses to invest and succeed, I do not believe that another large storage facility is the highest and best use for this property. We already have several storage facilities serving the area, including multiple locations on Birdneck Road, and I do not see a need for additional storage capacity. More importantly, I believe another large storage building would detract from the aesthetic appeal of Laskin Road and become an eyesore rather than an enhancement to the community. This is a prominent area of our city, and I believe this site presents an opportunity for a development that would better complement the surrounding businesses and contribute more positively to the character of the corridor. I respectfully ask that you take my comments into consideration as a business owner who has invested significantly in this community. Thank you for your time and for considering my perspective. If you have any questions or would like to discuss this further, please do not hesitate to contact me by phone or email. Sincerely, Bo Shrott Broker-Owner, Broadside Realty Owner, Nick's Restaurant 757-478-3020 Mail body: The Story Petition 941 Laskin Rd The Online Petition I have been a resident of Woodbury Forest Apartments for the past nine years. Here, as a single mother, I've nurtured my son amidst the natural beauty of Virginia Beach. Raising him in Virginia Beach Middle and First Colonial High School, and now seeing him off to VCU, has been a proud journey. Living in this community has meant watching Phoenix grow not just in schools but also in the heart of our vibrant neighborhood nature. We've delighted in the company of baby ducks every spring, majestic geese, elegant cranes, turtles, snakes, foxes, and more wild creatures that have peacefully shared our space. Yet, the serenity of our home and the invaluable habitats of the wildlife faces imminent threat from the proposed mini-storage and restaurant development at 941 Laskin Road, in the former parking lot of the Beach Cinema Ale House. This project proposes a conditional use permit to repurpose the area, which is half the time empty, and overlooks the precious marshlands and wetlands encircling its boundaries. Our concerns are valid and shared by many residents who cherish this ecological treasure. The marshlands function not only as a haven for local fauna but as crucial buffers against flooding and water runoff—key environmental services that protect our homes and communities. The introduction of a mini-storage facility, with its potential for increased traffic and pollution, threatens this delicate balance. We fear that the consequences could include irreversible damage to these ecosystems and a reduction in our quality of life due to more congestion and pollution. We urge the decision-makers to reconsider and deny the conditional use permit for 941 Laskin Road. Instead, there's an opportunity to prioritize eco-friendly development by incorporating sustainable building materials and designs that enhance rather than detract from the natural beauty and ecological function. Transforming this space into a green area that complements our community's aesthetic and functional needs can serve as a shining example of responsible urban development. By signing this petition, you join us in standing for a project that fosters future enjoyment and environmental stewardship. Let's push for a solution that prioritizes ecological sustainability over commercial convenience, ensuring that Virginia Beach remains a cherished sanctuary for all its residents and wildlife. Please sign and support our vision for a greener, more sustainable future for 941 Laskin Road. Together, we can make a difference. Mail body:petion PDF My petition Signatures Comments Promotions 7 comments a Export list Emmett Lawson• 4 hours ago Glad to support this.To whoever is managing this campaign,this service handles boosting signatures while you sit back: https:/ e Patricia Williiams• 15 hours ago Virginia Law requires any"new activity"adjacent to wetlands go through a review via the Dept.of Environmental Quality to det impact on wetlands and habitat.AND obtain a Water Protection Permit.The proposed division and sale of the lot now means tht site that immediately abuts the thriving wetlands on Laskin Rd, will change(and nullify?)the original agreement.The sale was as retail and"possible mini-storage," but when asked,Tyler t. Said CubeSmart was interested in the 2.2 acre plot.At an asking I million.The wastewater management guy said (for the former Cinema cafe site)they would use the existing retention pond in t and create more"tree Islands"like the ones that appear to be inside concrete enclosures. No answer re. a permeable surface of in the concrete in the parking lot.VB needs to address flooding mitigation, and environmental concerns, plus how to boost tour: going to be yet another fiasco.Even worse than the originally welcoming, artistic but now unmaintained and nonfunctioning We sculpture(that had water and lighting)) but led visitors via the"Not-A Traffic Circle"from Laskin Rd on to 32nd St.where they er dead end.A storage facility on prime real estate leading to the beach is even worse.The property could and should be better u wetlands information and education center with perhaps an outdoor cafe and gift shop that would draw tourists and generate n the city. Some retail, but no storage. Local residents are organizing to not only notify their neighbors, but engage with more tha local, regional,state and national organizations to collaborate,and gain advice and legal counsel for how to stop this.The props not only an eyesore,a huge dent in potential tourism sites, but a danger to our wildlife,including the Egrets,Great Blue Herons waterfowl,turtles, birds, and others we love to see. It will be met with a legal challenge beginning on a state level with multiple briefs.We can and should do better. W Julie Williams- 22 hours ago This spot is a small environmental refuge for Virginia Beach human and animal beings.You see families delighting In locating ar •experiences with snapping turtles and other species. It is an unrecoginzed little gem that needs preserving and protecting. Charles brown- 2 days ago This proposal is simply the wrong use in the wrong location.The property sits on one of only four major gateway corridors desig the City to create a welcoming sense of arrival for residents and visitors entering our resort area.A large,nationally branded se facility is inconsistent with that vision and does not belong at one of Virginia Beach's most prominent entrances.The proposal !: inconsistent with the City's Comprehensive Plan and the long-term vision for the Laskin Road Gateway. Regardless of architectu enhancements, a self-storage facility is not the type of development envisioned for this signature gateway.The City's own revie reinforces this conclusion.The Architectural Review Commission has recommended against the project,and it's understood tha Staff also does not support the application.Those recommendations deserve significant weight.There is also no demonstrated additional self-storage.A locally owned facility opened approximately one block away,adding more than 1,000 new storage uni represents roughly a ten-year supply for the area.The three-mile trade area already contains approximately 21 square feet of s per capita, more than double the Hampton Roads regional average.This market is already oversupplied.Approving an unneces storage facility on one of the City's designated gateway corridors would permanently occupy a highly visible site that could !nst support a use more consistent with Virginia Beach's vision,tourism economy,and long-term planning goals.This proposal has c significant public opposition, not because residents oppose self-storage as a land use, but because this is simply not the right IC Angela Chaffin- 3 days ago I recently moved to the oceanfront and Woodberry Forest and enjoy the peaceful surroundings and natural area, as well as feel safety here. I feel building this facility will upset the saltmarsh ecosystem, as well as increase traffic and potential crime. Joanne DeAngelis- 5 days ago There are more than enough of these in Virginia Beach; please stop ruining our cityl Put in something that residents can enjoy!; -- ---- ¢ �saaaaaasaaaaaaasaasaaasag �a5a� �� aaaas58 �s� $ ;......n'PRzMAU :scusse...,.,.,.:s Rs P k pa sb AYY➢YF's73�_°';9°�9Y YFBFFYFFFBFYF��'g gs`sY�Y3YYi28aB8iii4YY3F kas spa>�"x>A9aos P�' -�-�a-a-u-n�ua^E:�t�R£ ^a-cx- ---A afsa--sxa�-x-_'-_ -s xx i Maas�ssx3a3-s ¢ AA� a 3ss g AS m �� Y1 Y 4� � ��e Y�Y��9 II 9 9 9 4 Y 8 N 4�5 it 1 g qq 1 assess si a aadddd aaeaa i da aaaaaa4aaa aaa d Ed d! a�aa a e 3 : AE> SaR Ss _ _ - --e�a- �aaaa §� a e;;p; as stet S` emaes p� .£ � ;,�-t � fjs¢3 s ;�d d �c > •' t 9 �i sr� FFi Z ¢d o �'a 3utv5 �1 a3 Y 5 •.a, £ 4 � €tis a d 4�ax °�3�i,5'�6da�e�z� �a:<53��� S���x�a���aaSa�Rs�da�wA��<a�Y A:��a��R�J� .. . . .,. • . . ,; . . . ..,1, !!It ,la�,,,, __!. ! ; ,�1,,,.1..•! _ ))}||tj!||(;;�;;;�1� , , � °°` !! I„!!_,ll,=,■!ll;;;,!!,!!!!!!,l;,,>,}.11f�f!!}{|{ll=,= WE VOTE NO! WE ARE NOT IN FAVOR OF THE "MINI WAREHOUSE" ACQUIRING ANY PERMITS AT 941 LASKIN ROAD- "BEACH ALE HOUSE THEATER" PARKING LOT (LIVE ACTIVE MARSH WITH ANIMALS STILL LIVE IN BACK) Public Hearing Scheduled :August 12`h 2026 LETTERS & Emails of Concern to alebailey@vbgov.com 12:00(noon) pm Planning Commision Council Chamber City Hall Alexis Bailey-Planning Comission 757-385-8745 Also 6:00 PM City Counicl Will Meet to Hear Your Concerns 2401 LIVE Zoom Calls are also available Court House Drive City Council Chamber (second Floor) call to for people to voice their concern (must prergiser) speak 757-385-8745 Alexis Bailey she will add you to the speakers Name A. Number 1 P we" 4. 'c -7�:q- 3O—e 3 � ,' 1/�-- C l 752 Gam---- 5 7 117t $ Ai i cc 1 Sl-yn✓1 A AC 0 SCLY i M C )64 e,. eC M 9 s � i 10 Please send letters and register early they will be read/g en t the board send by Aug. 7t !!! They will, continue to receive all letters and concerns untillthe project is determied WE VOTE NO! WE ARE NOT IN FAVOR OF THE "MINI WAREHOUSE" ACQUIRING ANY PERMITS AT 941 LASKIN ROAD- "BEACH ALE HOUSE THEATER" PARKING LOT (LIVE ACTIVE MARSH WITH ANIMALS STILL LIVE IN BACK) Public Hearing Scheduled : August 12`h 2026 LETTERS & Emails of Concern to alebailey@vbgov.com 12:00(noon) pm Planning Commision Council Chamber City Hall Alexis Bailey-Planning Comission 757-385-8745 Also 6:00 PM City Counicl Wilt Meet to Hear Your Concerns 2401 LIVE Zoom Calls are also available Court :souse Drive Citv Council Chamber (second Floor) call to for people to voice their concern (must prergiser) spear 757-385-8745 Alexis Bailey she will add you to the spea.cers Mi Imail Name • . - , . - 71 1 � 4,L�A 3 �S 1 c� 1 t� C CcK.Jq �.�LC �� , SS 4 �\I C L A 5 J `�� � _ �- G `( Z Z -�z L 6 �C,�_ 5 �C.S .3� ��M jL �G �� -75-7 -ZZ - J� 8 9 10 a I Please send letters and register early they will be read/given to the board send by Aug. 7th!!! They will continue to receive all letters and concerns until[the project is determied WE VOTE NO! WE ARE NOT IN FAVOR OF THE "MINI WAREHOUSE" ACQUIRING ANY PERMITS AT 941 LASKIN ROAD- "BEACH ALE HOUSE THEATER" PARKING LOT (LIVE ACTIVE MARSH WITH ANIMALS STILL LIVE IN BACK) Public Hearing Scheduled :August 121h 2026 LETTERS & Emails of Concern to alebailey@vbgov.com 12:00(noon) pm Planning Commision Council Chamber City Hall Alexis Bailey-Planning Comission 757-385-8745 Also 6:00 PM City Counicl Will Meet to Hear Your Concerns 2401 LIVE Zoom Calls are also available Court House Drive City Council Chamber (second Floor) call to for people to voice their concern (must prergiser) speak 757-385-8745 Alexis Bailey she will add you to the speakers Name Emait Adress Phone Number Signature u 2 4 -Ilk 7/ 5 �i!1 �� 'C� z . 5 3 `-IS fSj �. 6 114qgZc(L, � � 7 8 9 al>lt, j Co - 10 I ��� 1 ' `'` Please send letters and register early they will be read/given to the board send by Aug. 7th!!! They will konti cieive all letters and concerns untill the project is determied Good evening, members of the Board. My name is Jackie Schilberg, and I have been a resident of Woodbury Forest Apartments for nine years. This is where I raised my son, watched him attend Virginia Beach Middle School and First Colonial High School, and recently watched him leave for VCU. For nine years, I have also watched the incredible natural world around our community. Every spring, we see baby ducks. We see geese, cranes, turtles, snakes, foxes, and so many other creatures that depend on our marshes and wetlands. I am asking you to deny the conditional use permit for the proposed mini-storage facility at 941 Laskin Road. This property has been a parking lot since 1972. But instead of asking, "What can we build here?" I believe we should be asking, "What should this gateway to Virginia Beach become for the next 50 years?" There are already two Ocean Storage facilities within approximately a half-mile of this proposed site. Do we really need another storage facility here? Virginia Beach is a tourist destination. People come here for our ocean, bays, parks, wildlife, wetlands, and natural beauty. So why aren't we thinking green? Why aren't we asking for green building materials, energy-efficient design, native landscaping, trees, permeable surfaces, and buildings designed to withstand the hotter temperatures and increasingly challenging weather conditions our coastal community faces? Climate change is real, and Virginia Beach is already planning for extreme heat, flooding, and sea- level rise. The City's own 2040 Comprehensive Plan calls for environmental sustainability, improved flood and sea-level-rise resiliency, wildlife habitat, ecological diversity, and greater public enjoyment of nature. The City has even identified flooding, tropical and coastal storms, sea-level rise, and land subsidence as significant hazards for Virginia Beach. So let's use this opportunity to show what resilient, future-forward development can look like. Imagine removing the blacktop and bringing back grass and native plants. Imagine protecting the marsh and watershed. Imagine educational space about the birds and wildlife of Virginia Beach, locally owned restaurants and shops, walking and biking paths, and areas designed for bicycles and golf carts. Imagine a place where nature, education, local culture, tourism, and commerce work together. That could create jobs, support local businesses, attract visitors, generate revenue, and become a lasting city asset. I am not against development. I am asking us to develop smarter. Please deny the conditional use permit for 941 Laskin Road and ask the property owner and the City to think beyond another steel storage building. Let's think about the Virginia Beach we want our children to inherit. Let's replace blacktop with green space, storage with experience, and ordinary development with a model of what a resilient, beautiful, future-forward Virginia Beach can be. Thank you. Name City State Postal Cod-Country Commented Date Comment Katherine Campbell Virginia Beach 23454 United States 8/6/2026"This is a major gateway to the resort area.It should not ever bean industrial or storage use." Joanne DeAngelis Virginia Beach VA 23454 United States 8/7/2026"There are more than enough of these in Virginia Beach;please stop ruining our city!Put in Angela Chaffin Virginia Beach VA 23451 United States 8/8/2026"I recently moved to the oceanfront and Woodberry Forest and enjoythe peaceful surroundings 'This proposal is simply the wrong use in the wrong location.The property sits on one of only four major gateway corridors designated by the City to create a welcoming sense of arrival for residents and visitors entering our resort area.A large,nationally branded self-storage facility is inconsistent with that vision and does not belong at one of Virginia Beach's most prominent entrances.The proposal is also inconsistent with the City's Comprehensive Plan and the long- term vision for the Laskin Road Gateway.Regardless of architectural enhancements,a self- Charles brown Virginia Beach VA 23451 United States 8/9/2026 storage facility is not the type of development envisioned for this signature gateway.The Citys Julie Williams Virginia Beach VA 23451 United States 8/10/2026'This spot is a small environmental refuge for Virginia Beach human and animal beings.You see "Virginia Law requires any"new activity"adjacent to wetlands go through a review via the Dept. of Environmental Quality to determine the impact on wetlands and habitat.AND obtain a Water Protection Permit. The proposed division and sale of the lot now means the 2.2 acre site that immediately abuts the thriving wetlands on Laskin Rd.will change(and nullify?.)the original agreement. The sale was explained as retail and"possible mini-storage,'but when asked,Tyler t. Said CubeSmartwas interested in the 2.2 acre plot.At an asking price of$3 million.The wastewater management guy said(for the former Cinema cafe site)they would use the existing Patricia Williiams Virginia Beach VA 23451 United States 8/11/2026 retention pond in the back and create more"tree Islands"like the ones that appear to be inside Emmett Lawson Huntington NY 11743 United States 8/11/2026"Glad to support this.To whoever is managing this campaign,this service handles boosting ny -1. 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COUNCIL DISTRICT 8 (Cummings) MEETING DATE: November 10, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Residential Kennel for up to six dogs within an existing 1,826-square-foot single-family dwelling. The proposed residential kennel will not be open to the public, as it is only for use in housing the applicant's personal pets. The applicant currently has four dogs and wishes to obtain up to two more, which exceeds the maximum amount permitted by right. All dogs will be kept inside the existing dwelling; no outdoor kennels are proposed. Outdoor activity will be limited to bathroom breaks and fresh air. ■ Considerations: Staff and the Planning Commission recommend approval of the request as proposed. The proposed Residential Kennel is located within a Type 1 Neighborhood, which envisions a well-landscaped, quiet, and safe setting for single-family dwellings. The use is considered compatible with the community. Staff received four letters of support and two letters of opposition related to the request, with those in opposition noting concerns with noise impacts due to excessive barking. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On October 14, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. No more than 6 dogs shall be housed on the property at any given time. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. All dogs must be properly vaccinated and immunized. 4. All dogs must be licensed through the City of Virginia Beach. Zoe Millay Dukas Page 2 of 2 5. Daycare, Training, and Boarding services for dogs or other animals for monetary compensation are not permitted on this site. 6. There shall be no breeding of dogs 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 Minutes of Planning Commission Hearing Letter(s) of Support (4) Letter(s) of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. '�—D Submitting Department/Agency: Planning Department �! City Manager:f�p Agenda Applicant & Property Owner: Zoe Millay Dukas Planning Commission PublicOctober1 CouncilCity ' (Cummings) vs, Project Details Request Conditional Use Permit (Residential Kennel) Staff Recommendation ��� J Approval fo�� Staff Planner �PV 7, - - Arianna Low W4FJ� EPEE `RgRFF1F- P Location 3012 Edinburgh Drive GPlN 1497283871 Site Size qai 1.09 acres mrtr Nl Jspl"R yF sr s A/CUZ 65-70 dB DNL; Sub-Area 3 Watershed _ Chesapeake Bay `~ # RG Existing Land Use and Zoning District ar Single-family dwelling/R-10 Residential Surrounding Land Uses and Zoning Districts ,, North Single-family dwellings/ R-15 Residential p! H DR � � ��4• South Edinburgh Drive Single-family dwellings/R-10 Residential East Single-family dwellings/R-10 Residential West Single-family dwelling/ R-10 Residential Zoe Millay Dukas Agenda Item 12 page 1 of 10 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Residential Kennel for up to 6 dogs within an existing 1,826-square-foot single-family dwelling on a 1.09-acre R-10 Residential District-zoned parcel. • The applicant is seeking approval solely to house her personal pets; no commercial kennel or boarding activities are proposed, and no other animal types will be present. • The applicant currently houses 4 dogs on site, which is allowed by right.The applicant wishes to obtain 1 or 2 additional dogs, which exceeds the maximum number allowed by right; therefore, a Conditional Use Permit is required. • All dogs will reside within the existing single-family dwelling. Dogs will only be outside for bathroom breaks and fresh air. • The backyard is fully fenced and includes a second interior fence that provides an additional layer of containment. A fence permit is on file. No exterior modifications are proposed. Zoning History No Zoning History to Report /R15 R30 WAT FRGATE LN R15 6INSU 0RGH DR v � tidy y� R10 / '-R110 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 Zoe Millay Dukas Agenda Item 12 page 2 of 10 Evaluation Recommendation The request for a Conditional Use Permit for a Residential Kennel is, in Staff's opinion, acceptable.The applicant is currently cares for 4 personal pets within the single-family dwelling, which is permitted by right. The applicant wishes to add 1 or 2 additional dogs, which exceeds the maximum number allowed by right and therefore necessitates this Conditional Use Permit. The applicant has reached out to nearby neighbors, and no opposition was communicated. The property is located in a Type 1 Neighborhood, which envisions a well-landscaped, quiet, and safe setting for single-family dwellings. All dogs will generally be kept inside the home, and no outside kennel structure is proposed.Traffic levels will remain low, as this is not a commercial operation and will not be open to the public. Only personal pets will be housed. The backyard is fully fenced, with an additional interior fence that provides a secondary layer of containment. Staff does not anticipate any adverse impacts to the surrounding properties as a result of this request. Based on these considerations, Staff recommends approval of this request, subject to the conditions below. Recommended Conditions 1. No more than 6 dogs shall be housed on the property at any given time. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. All dogs must be properly vaccinated and immunized. 4. All dogs must be licensed through the City of Virginia Beach. 5. Daycare,Training, and Boarding services for dogs or other animals for monetary compensation are not permitted on this site. 6. There shall be no breeding of dogs 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. Zoe Millay Dukas Agenda Item 12 page 3 of 10 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 a Type 1 Neighborhood. The overarching goal of Type 1 Neighborhoods is to provide a well-landscaped, quiet, and safe setting for single-family homes. (p. 175, imagineVB 2040 Comprehensive Plan). 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 Edinburgh Drive No data available No data available Proposed Land Use s-10 ADT 1 Average Daily Trips 2As defined by a 3As defined by a 'LOS = Level of 1,826 SF Single-Family 1,826 SF Single-Family Service Dwelling Dwelling Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Edinburgh Drive is considered a two-lane rural roadway.The roadway is not included in the MTP and no roadway CIP projects are slated for this area. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. Public Water and Sewer The site currently connects to city water and sanitary sewer. Zoe Millay Dukas Agenda Item 12 page 4 of 10 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. 3 letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on September 14, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 30, 2026, and October 7, 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 September 28, 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 October 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 27, 2026 and November 3, 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 26, 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 November 6, 2026. Zoe Millay Dukas Agenda Item 12 page 5 of 10 Proposed Layout Oot dlml�L" jot ir Proposed �. � Residential Kennel lk- Aft » Zoe Millay Dukas Agenda Item 12 page 6 of 10 ° e e ► S i' a X a ' si rt V i _ a r n . kr � -71 ne MW v „< Zoe Millay Dukas�� Agenda Item 12 page 7 of 10 Disclosure CITY OF V- r D • i StatementBEACH The disclosures contained in this farm ore necessary to inform public officials who may vote on the application as to whether they hove a conflict of interest under Virginia low. Completion and submission of this form is required for oil applications that pertain to City real estate matters or to the development andjor use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: Zoe Milay Dukas as liitedOn appiicatoor, Is Applicant also the+Owner of the subject property? Yes@Ncio if no,.Property Owner most compute SECTION.?:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso NOO if yes,name Representative Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YasONtsQ If yes,list the names of oil officers,directors,members,or trustees below AND businesses that have a parent-subsidiag t or affiliated business en ' 2 relationship with the a licant. Attach list if necessary.1 i Does the subject property have a proposed or pending purchaser? Yes No • tf yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYE'E Does an official or employee of the City of Virginia Beach have an int est In the subject land or any proposed development contingent on the subject public action? Yes }No It yes,name the official or employee,and describe the nature a their interest. APPLICANT SERVICES DISCLOSURE RLrAD:The Applicant roust certify whether the following services are being provided in coamirtion 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 necessoryJ SERVICE YES NO SERVICE PROVIDER Name entity an or rrsclividuai Financing(mortgage,deeds of trust, cross-collateralization,etc) 0 Real Estate Broker n 1tilidtor 0 e Qhdosure Statprient I rev. May-2024 page 1 of I Zoe Millay Dukas Agenda Item 12 page 8 of 10 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner 0 @ Construction Contractor 0 @ Engineer/Surveyor/Agent 0 0 [Legal Services 0 @ APPLICANT CERTIFICATION READ.I certify that a//information contained in this Form is complete,true,and occurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application, Zoe Dukas (4V 8/1/2026 Applicant Name(Print) )(PpIiZ5ntY6&ure- Date "Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act, VA.Code§21-3101. 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;(4) a controlling owner in one entity is also a controlling owner in the other entity,or fill)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities,'See State and Local Government Conflict of Interests Act, Va.Code§2,2-3101. FOR CITY USE ONLY: No changes as of(date): October 23, 2026 Arianna Low '44z,Z tr October 23, 2026 Staff Name(Print) Staff Signature Date Disdowre Statemard I rev. May-2024 page 2 of 3 Zoe Millay Dukas Agenda Item 12 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 757-38S-S692. • 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. Zoe Millay Dukas Agenda Item 12 page 10 of 10 W4TE l i RGATF CN R10 R�1.a x EpJNBURGH OR R10 Site Zoe Millay Dukas Q zoning 3012 Edinburgh Drive Property Polygons Feet 0 30 60 120 180 240 Map created by Planning Department on 10/28/2026 Virginia Beach Planning Commission October 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #12 Zoe Millay Dukas Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: Thank you,Commissioner Anderson. The next item is Item 12,and that is Zoe Millay Dukas, property owner. Is there a representative here today? Welcome. Please state your name for the record. Ms.Dukas: My name is Zoe Dukas. I am the property owner. Ms.Byler: Thank you, ma'am. Are the conditions acceptable? Ms.Dukas: Yes, ma'am. Ms.Byler: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Cromwell to read it into the record. Mr. Cromwell: This application comes to us at 3012 Edinburgh Drive. The applicant is requesting a conditional use permit to operate a residential kennel for up to six dogs within an existing 1,826 square foot single-family dwelling on a 1.09 acre R-10 residential District zone parcel,the applicant is seeking approval solely to house her personal pets. No commercial kennel or boarding activities are proposed, and no other animals will be present. All dogs will reside within the existing single-family dwelling. Dogs will only be outside for bathroom breaks and fresh air. The backyard is fully fenced and includes a second interior fence that provides an additional layer of containment. Hearing no opposition to this,we placed it on the consent agenda. Ms. Byler: Thank you, Commissioner Cromwell. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda,the several records of minutes and agenda items 2, 6, 7, 10, 11, and 12. I make a motion that these items be approved by consent Mr. Plumlee: Second. I do abstain from the one visit, but I was inquiring, 4 and 5 was remove_d off the consent? Ms. Byler: That's correct. Mr. Plumlee: Okay, I just wanted to be clear. Thank you. Ms.Alcock: If I could just make one point of clarification, Item 2 was also pulled from the consent agenda. Ms. Byler: Oh, thank you for that correction. So the remaining items on the consent agenda, just for clarity, items 6, 7, 10, 11, and 12. Mr. Coston: Motion has been made for approval by Vice Chair Byler and seconded by Commissioner Plumlee. Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 6, 7, 10, 11, and 12 have been recommended for approval by consent. Mr. Coston: If you had an application that was on the consent agenda today, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tally Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X Byler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. No more than 6 dogs shall be housed on the property at any given time. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. All dogs must be properly vaccinated and immunized. 4. All dogs must be licensed through the City of Virginia Beach. 5. Daycare, Training, and Boarding services for dogs or other animals for monetary compensation are not permitted on this site. 6. There shall be no breeding of dogs 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. Letter of Support Conditional Use Permit—Residential Kennel 3012 Edinburgh Drive,Virginia Beach,VA 23452 To the Virginia Beach Planning Commission and City Council, I am writing as a neighbor of Zoe Dukas and Charles Loxley,of 3012 Edinburgh Drive,to express my support for their application for a Conditional Use Permit for a Residential Kennel at that address. I have been made aware of the request and have no objection to it. In my experience,the dogs at this property are well cared for and have not caused any disturbance to the neighborhood. I respectfully ask that the Planning Commission and City Council approve this application. Signature: Printed Name: "'4 'C'J Lam-, Address: 3G i 3 wa-trl ��t, Date: 081 If/-�G Letter of Support Conditional Use Permit—Residential Kennel 3012 Edinburgh Drive, Virginia Beach, VA 23452 To the Virginia Beach Planning Commission and City Council, I am writing as a neighbor of Zoe Dukas and Charles Loxley,of 3012 Edinburgh Drive,to express my support for their application for a Conditional Use Permit for a Residential Kennel at that address. I have been made aware of the request and have no objection to it. In my experience,the dogs at this property are well cared for and have not caused any disturbance to the neighborhood. I respectfully ask that the Planning Commission and City Council approve this application. Signature: &r-� Printed Name: el &Y. Address: Date: ) ZQ 7 j Letter of Support Conditional Use Permit—Residential Kennel 3012 Edinburgh Drive, Virginia Beach,VA 23452 To the Virginia Beach Planning Commission and City Council, I am writing as a neighbor of Zoe Dukas and Charles Loxley,of 3012 Edinburgh Drive,to express my support for their application for a Conditional Use Permit for a Residential Kennel at that address. I have been made aware of the request and have no objection to it. In my experience, the dogs at this property are well cared for and have not caused any disturbance to the neighborhood. I respectfully ask that the Planning Commission and City Council approve this application. Signature- �.[.�( Printed Name: �- f�1P� -zi fAl Address:�.").A P-A.t '11�c� e. • �N Date: AID it Letter of Support � Conditional Use Permit—Residential K � 3012 Edinburgh Drive,Virginia Beach,VA To the Virginia Beach Planning Commission and City Council, l am writing as a neighbor of Zoe Dukas and Charles Loxle%,of 3012 Ea y support for their application for a Conditional Use Permit for a Residenti `t I have been made aware of the request and have no objection to it.In my Q- 'D "Ir property are well cared for and have not caused any disturbance to the ne I respcc0ui`sti ask that the Planning Commission and City Council approve this application. i Signature' -- ------V� ---- Printed Name: Address:--- — {'✓{ -iLct� �(.r 2�45Z Date:.2 V A,s ngag- � fi 'tom Outlook Conditional Use Permit (residential kennel) 3012 Edinburgh Drive From Lynne Hancock <catahoolalife@gmail.com> Date Tue 10/13/2026 4:18 PM To Arianna Low <ALow@vbgov.com> CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, am writing as I am unable to make the hearing tomorrow regarding the residential Kennel permit for 3012 Edinburgh Drive, VB, VA 23452. I have been a resident of the Kings Grant neighborhood for more than 20 years. I have grown up in the Virginia Beach area and chose to settle her due to the quiet neighborhood and the ability to take a walk without too much noise or chaos in the vicinity. I live directly across the waterway from he proposed kennels and already hear an increase in barking morning, noon and night. I understand the desire to have pets, but a kennel with up to 6 dogs at any given time is not acceptable in this environment. As you can imagine the waterway amplifies the sounds and when one dog starts, they all tend to chime in. When walking my dog on the road, they start barking and it causes a bit of disturbance with other dogs in the area as well. Additionally, I work from home and enjoy the ability to keep my windows open during the day but have had to close them on occasion. I have been woken up by my dog hearing them in the late evening once I have been asleep on more than one occasion and had to calm her down and try to get back to sleep. Many of us have chosen the neighborhood for its calm and quiet and that has already been disturbed this past couple of weeks with many neighbors asking what is coming of a residential neighborhood allowing a "residential kennel" of up to six (6) dogs. I understand everyones desire and choice to have animals however this is not a neighborhood that this will be a good fit for. There are many properties in more rural neighborhoods that could better accommodate this set up. I appreciate the opportunity to say my peace and voice frustration with the occupants already having the animals occupying the property as many of us are sadly aware. Respectfully, Lynne Hancock •e Outlook Residential Kennel at 3012 Edinburgh Dr (GPIN: 1497283871) From Emily Connett <mnms61 @yahoo.com> Date Tue 10/13/2026 4:23 PM To Arianna Low <ALow@vbgov.com> CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission, Public Hearing: 10/14/2026 at 12:00 PM I am writing to respectfully express my opposition to the request to operate a residential kennel for up to six dogs at 3012 Edinburgh Drive. My family and I live directly across the pond from this property, so we are particularly concerned about the potential noise impact. We already hear excessive barking from this area, and the pond carries and amplifies the sound across the water. Increasing the number of dogs at the property could make that existing issue significantly more disruptive for nearby homes. In a neighborhood where many residents already have dogs, barking from one property can also quickly prompt other dogs in the area to respond, creating a broader noise concern. We are new homeowners and intentionally chose this neighborhood because it is tucked away, peaceful, and quiet. We also hope to start a family here, and preserving that residential environment is very important to us. In our view, allowing a kennel operation of this size in a residential setting would be inconsistent with the quiet character that attracted us and, we believe, many of our neighbors to the area.Additionally, a business of this kind would contribute to additional traffic in and out of the neighborhood where people are walking with their children and animals daily. We are also a military family, so while we hope to enjoy our home for years to come, there is always a possibility that we may need to relocate. Because of that uncertainty, we are concerned about whether having a residential kennel operation so close to our home could negatively affect its future marketability or resale value. We respect our neighbor's right to enjoy and make reasonable use of their property.At the same time, we ask the Commission to carefully consider the impact this particular use could have beyond the property itself, especially the potential for recurring noise, the effect of sound traveling across the pond, the quiet residential character of the neighborhood, and neighboring homeowners' ability to peacefully enjoy their properties. For these reasons, we respectfully ask the Planning Commission to deny the request to operate a residential kennel for up to six dogs at 3012 Edinburgh Drive. Thank you for considering our perspective and the potential impact on surrounding residents. Sincerely, Matthew Holland & Emily Connett f� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 511 21ST STREET, LLC [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 511 21st Street (GPIN 2417988293). COUNCIL DISTRICT 6 (Remick) MEETING DATE: November 10, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a 3-bedroom single-family dwelling located at 511 21st Street. The site has no prior zoning complaints and is currently advertised, with the last known documented stay on June 1, 2026. ■ Considerations: The proposed three-bedroom Short Term Rental requires three parking spaces, which can be accommodated with the existing three-car gravel parking pad. Since the existing gravel parking pad does not meet the Public Works Design Standards, Condition 2 has been recommended to require a driveway to be designed and installed in accordance with all applicable city standards and with an approved driveway permit prior to the issuance of the first Short Term Rental Annual Permit. 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 Planning Commission recommended approval of the request with an added condition to require the property owner to be in good standing with the Commissioner of the Revenue prior to activation of the Short Term Rental Conditional Use Permit. 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 October 14, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. The following conditions shall only apply to the dwelling unit addressed as 511 21st Street, and the Short Term Rental use shall only occur in the principal structure. 511 21 st Street, LLC Page 2 of 5 2. A driveway shall be installed designed in accordance with all applicable city standards with an approved driveway permit prior to the issuance of the first Short Term Rental Annual Permit. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 9c' below. This information must be submitted to the Planning Department 511 21 St Street, LLC Page 3 of 5 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. 11. 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. 12. 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. 13. 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. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. 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. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. 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. 18. There shall be no outdoor amplified sound after 10.00 p.m. or before 10.00 a.m. 511 21" Street, LLC Page 4 of 5 19. 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). 20. 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. 21. 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) 511 21" Street, LLC Page 5 of 5 years for new construction inspected at the time of completion by the City's Permits and Inspections Division. 22. The Conditional Use Permit for the Short Term rental shall not be activated until the property is in good standing with the Commissioner of the Revenue. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Applicant & Property Owner: Planning Commission ' • October1 • V_B_ CouncilCity ! District • Project Details Request Conditional Use Permit (Short Term Rental) 10 Staff Recommendation Approval � „t n 1 A. 11, E Staff Planner r 14' Alexis Bailey t 9 Location i p m1 -1. 51121st Street F GPIN a� a r 2417988293 Site Size 5,158 square feet ytNst A/CUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning DistrictTW Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts p, North ' 21st%Street > "" Vacant lot/OR Oceanfront Resort South n_ 215t Street t� Single-family dwellings/OR Oceanfront Resort East Single-family dwelling/OR Oceanfront Resort West Single-family dwelling/OR Oceanfront Resort 51121st Street Agenda Item 13 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 511215t Street.The site contains a single-family dwelling and is zoned OR Oceanfront Resort District. • According to City records,this three-bedroom home was constructed in 1952. • Staff inspected the site on August 19, 2026, to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the Short Term Rental from parking in the street during the restricted hours. • There are no prior zoning complaints on this site. • Since this property was registered and paying transient occupancy taxes to the Commissioner of Revenue prior to July 1, 2018, the property would be considered a grandfathered Short Term Rental; however, since the property was not used as a Short Term Rental for a period of two (2) years or more, its grandfathered designation has been lost and a Conditional Use Permit is required prior to operating. • Known Short Term Rental activity as of August 7, 2026, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Yes June 1, 2026 Yes 511 21st Street Agenda Item 13 page 2 of 14 i i y Short Term Rentals in the Vicinity { w G m r+m t� `t t { i _ t t Short Term Rentals 4 ; 0 STR permits(34) i Property Polygons 511 21st Street Agenda Item 13 page 3 of 14 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 3 511 21st Street Agenda Item 13 page 4 of 14 Zoning History # Request i CUP(Short Term Rental)Approved 2 OR(STR-OR) W 10/07/2025 1 CUP (Short Term Rental)Approved Ha�F St 'c 05/20/2025 215T 2 CUP (Short Term Rental) Approved 05/20/2025 CUP(Short Term Rental) Approved , R 05/20/2025 flR(STR-OR} CUP(Short Term Rental) Approved 3 09/08/2020 3 CUP(Short Term Rental)Approved ' St 09/08/2020 OR(STR-OR) Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance EvaluationRecommendation The applicant is requesting to operate a three-bedroom Short Term Rental within an existing single-family dwelling. The three-bedroom dwelling requires three parking spaces.The site currently contains a three-car gravel parking pad.The existing parking pad and gravel do not meet the Public Works Design Standards, and as such Condition 2 has been recommended that a driveway shall be installed designed in accordance with all applicable city standards with an approved driveway permit prior to the issuance of the first Short Term Rental Annual Permit. 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. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. 51121st Street Agenda Item 13 page 5 of 14 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 511215t Street, and the Short Term Rental use shall only occur in the principal structure. 2. A driveway shall be installed designed in accordance with all applicable city standards with an approved driveway permit prior to the issuance of the first Short Term Rental Annual Permit. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 51121st Street Agenda Item 13 page 6 of 14 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. 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. 12. 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. 13. 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. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. 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. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. 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. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. 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). 20. 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. 511 21st Street Agenda Item 13 page 7 of 14 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 21. 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. 22. The Conditional Use Permit for the Short Term rental shall not be activated until the property is in good standing with the Commissioner of the Revenue. 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. 51121st Street Agenda Item 13 page 8 of 14 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 14, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 30, 2026, and October 7, 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 September 28, 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 October 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 27, 2026 and November 3, 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 26, 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 November 6, 2026. 51121st Street Agenda Item 13 page 9 of 14 LayoutSite Parking I THIS IS TO CERTIFY THAT I, ON JVLY 18, 2011, SURVEYED THE PROPERTY SHOWN HEREON AND THAT THE TITLE LINES AND PHYSICAL IMPROVEMENTS ARE AS SHOWN HEREON. THE IMPROVEMENTS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS EXCEPT AS SHOWN. SIGNED: NOTES: 1) THE PROPERTY SHOWN HEREON APPEARS TO LIE IN 'X" F_000 ZONE (AREA DETERMINED TO L!E OUTSIDE 500-YEAR Fi.00OPLAW) AOOORC!NG TO F.E.M_A. MAP PANEL NO. 51 5 531-01 26F, REVISED MAY 4, 2009. 2) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A ITLE REPORT, AND MAY NOT SHOW ANY/ALL EASEMENTS AFFECTING THE PROPERTY. 20'ALLEY 40.00' I 4.5' IN' m I 0.2' OUT SHED N12.2' o� ILL _ t— 10 6' WOOD Q O 1F FENCE Z I� o REMAINDER CF I< REMAINDER OF LOT 13 LOT 11 30.2' 4.4' C 1 STORY Op FRAME o n 511 3Q.+' 4' WOOD FENCE 'v n 0.4' IN O 1' IN IP F IP F 1.4' OUT-�7 170.00' TO P.t OF BALTiC AVENUE 215-T STREET(80'Rf14') PHYSICAL SURVEY OF PART OF LOTS 11 & 13, BLOCK 48 MAP NO. 6 PART OF THE PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO. Ts VIRGINIA BEACH, VIRGINIA FOR �+ MICHAEL S. WAGNON & t1 WARD M. HOLMMES CAM A. CARSON-WAGNON UC,No.1403 DATE: J`ULY 16. 2011 SCALE 1" a 25' NOTE: FOR PLAT SEE WARD M. HOLMES M.B.5 P0.103 LAND SURVEYOR, P.C. sv VA. BEACH, VA 9225 GRANBY STREET NORFOLK, VIRGINIA 23503 DRAWN BY: DHH 757-480-1230 PROJECT NO. 11-609 B74/63 i17) 511 21st Street Agenda Item 13 page 10 of 14 Site Photos Vy 4 - .1 Wam !r' c � 5 ,..ymX ! r - r _ �•Pnid�lealw' dW�h$b���Y�' _ _ �'_ ! i k S • 2 9. Ms Disclosure VIRGINIA Disclosure V-B- BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia 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. SECTIONAPPLICANT APPLICANT INFORMATION Applicant Name: as listed on application 511 21 st Street, LLC Is Applicant also the Owner of the subject property? Yes( Noo if no,Property Owner trust complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO Noe if yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo if yes,list the names of all officers, directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Kevin Fritz,Member Sarah Fritz.Member Does the subject property have a proposed or pending purchaser? Yes No • if yes,name proposed or pending purchaser: _ KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes,name the official or employee,and describe the nature of their interest. f i i i 1 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 andfar individual ' Financing(mortgage,deeds of trust, �^� cross-collateralization,etc.) Real Estate Broker/Agent/Realtor o G) _I Disclosure Statement I rev. M a y-2024 page 1 of 3 51121st Street Agenda Item 13 page 12 of 14 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER i (Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O Q Architect/Land Planner _ Construction Contractor Engineer/Surveyor/Agent Q e _ Legal Services © G APPLICANT CERTIFICATION READ.i certify that all information contained in this Form is complete, true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name(Print) Ap nt Signature Date Date "Porent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(h) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities:there are common or commingled funds or assets;the business entities shore the use of the same offices or employees or otherwise shore activities,resources or personnel on a regular basis,or there is otherwise o 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): 10/21/2026 Ct, - Alexis Baileyri�l � iir�i�ii 10/22/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 b page 2 of 3 � 511 21st Street Agenda Item 13 page 13 of 14 • • 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. h 511 21st Street Agenda Item 13 page 14 of 14 OR "Po F $T QR(STR-O ® site 511 21 st Street LLC L7 Zoning 511 21st Street ', Property Polygons s Feet 0 10 20 40 60 80 Map created by Planning Department on 10/9/2026 ST R VICINITY M A P 511 /lam STREET [[E \ . / 2 � Short Term Rentals 2STR �,e(») Virginia Beach Planning Commission October 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #13 511 21st Street, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 13, 511 21 st Street,LLC. Mr. Fritz: Hi. This is Kevin Fritz, owner of 511 21st Street. We are proposing to make this a short-term rental. Mr.Plumlee: I have some questions for you. This is Brian Plumlee. Mr.Fritz: Yes, sir. Mr. Plumlee: Where are you from? Where are you calling in from? Mr. Fritz: I'm currently in Northeast Texas. Mr.Plumlee: So you don't reside in Virginia Beach, is that fair? Mr. Fritz: No, we do not. This was a purchase for us as a dual-use property. It had been grandfathered in. I went and met with the revenue commissioner. Well,actually,did on the phone, and then Katie Kennedy. So we originally thought that this was grandfathered in as a short-term rental, but apparently he did not pay his or he did not have a renter for two years while his wife was sick, and so we're back to the beginning of the process for the CUP. Mr. Plumlee: Have you met with any of the neighbors surrounding this property to talk about it being a short-term rental? Mr. Fritz: No, our next-door neighbor is a renter. Actually, I've got two renters,that one on the left, one on the right, and then the owner of the property on the left, I've spoken to, and have not specifically said, "Hey, do you have any issue with this as a rental?" However, I do know that we're in the proposed overlay, and so my,I'm not sure what else to say about that. Mr. Plumlee: Have you been to the location? Mr.Fritz: Of course,yes,we have. We actually have gone,remodeled the property,have stayed in it probably since March, a total of, I would say, a couple of months off and on,maybe a month and a half. And then I've met with,I've met with zoning,multiple individuals within zoning, short- term rental, DSC. Because we've got to work on the parking, and then, yeah, I think that-- I can hear myself in the background, so I think that's the point I'd like to make. Mr. Plumlee: Do you own a number of short-term rentals? Mr.Fritz: No,we do not. We own a number of long-term rentals,but not a number of short-term rentals. Mr. Plumlee: Do you are you aware of because you've stayed there? How does it function for you getting in and out?The entry point is on the half street, correct? Mr. Fritz: That's correct. It's well positioned. So there is a 19 by 40 foot parking pad that is currently there. We thought what we were going to do is potentially have to resurface the back parking,but it has a very accessible gate,and then a shed in the back,and then you just walk across the lawn into the property. We've been there both in rainy time and dry time, and find it to be extremely accessible. Mr.Plumlee: Is it your intent to have short-term rentals year-round at that home? Mr. Fritz: I think, this is a dual-use property for us. My wife is from Virginia Beach, went to Cox High School, and so eager to get back and spend time there, and so we were considering, I would say primarily considering short-term rental in the summer,with the idea that we could short- term rent it or mid-term rent it in the winter, but there will be a couple of months that we want to be there at the property. Mr.Plumlee: Thank you very much. Those are my questions. I appreciate it. Mr. Fritz: Absolutely. Mr. Plumlee: I have a motion to approve this short-term rental request at this location, with the condition that the conditional use permit shall not be activated until the short-term rental is in good standing with the Commissioner of Revenue and is registered to pay taxes for this use. Ms. Schoonover: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Schoonover that this item be approved. Clerk: The vote is open. Commissioner Anderson,your vote. Mr.Anderson: Yay. Clerk: By a recorded vote of 10 to 0, Item 13, 511 21st Street, LLC has been recommended for approval as modified. 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/Proffers 1. The following conditions shall only apply to the dwelling unit addressed as 511215t Street, and the Short Term Rental use shall only occur in the principal structure. 2. A driveway shall be installed designed in accordance with all applicable city standards with an approved driveway permit prior to the issuance of the first Short Term Rental Annual Permit. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. 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. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. 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. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. 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). 20. 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. 21. 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. O w LZi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALEXANDRA & CONSTANCE MENSING [Applicants] ARCON INVESTMENTS VA LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 414 22"d 1/2 Street (GPIN 24270837640414). COUNCIL DISTRICT 6 (Remick) MEETING DATE: November 10, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a 3-bedroom condominium unit located at 414 22n6 '/2 Street. The site has no prior zoning complaints and is currently advertised, with the last known documented stay on June 21, 2026. ■ Considerations: The three-bedroom Short Term Rental is required to have three off-street parking spaces. The site has a one-car garage, and the applicant has submitted an Intent to Lease Off-Site Parking Agreement to lease two parking spaces at the Jungle Golf Commercial Parking Lot located 0.16 miles from the site. 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 Planning Commission recommended approval of the request with an added condition to require the property owner to be in good standing with the Commissioner of the Revenue prior to activation of the Short Term Rental Conditional Use Permit. 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 October 14, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling unit addressed as 414 22nd '/z Street, and the Short Term Rental use shall only occur in the principal structure. Alexandra & Constance Mensing Page 2 of 5 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Alexandra & Constance Mensing 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). Alexandra & Constance Mensing 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. 21. The Conditional Use Permit for the Short Term rental shall not be activated until the property is in good standing with the Commissioner of the Revenue. Alexandra & Constance Mensing Page 5 of 5 ■ 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. Submitting Department/Agency: Planning Department City Manager:X Agenda Item 14 A•• • . : Constance Property • Arcon Investments VA LLC CouncilPlanning Commission Public Hearing: October 14, 2026 VB� City • Project Details Request Conditional Use Permit (Short Term Rental) 26 P StaffRecommendation 25"5 Approval P s5 1 Staff Planner Alexis Bailey n Location p 22k�HPLF Sz n NO St 414 22nd % Street p' M GP/N HP F zs T m Z;c15 24270837640414 Site Size 2°1r HPv 20TH SS 1,532 square feet an c�A 19ZH ST AICUZ � N "10 s 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Condominium complex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts q North 22"d%Street Single-family dwelling/OR Oceanfront Resort South 22"d Street Condominium complex/OR Oceanfront Resort East Single-family dwellings/OR Oceanfront Resort ti- West Condominium complex/OR Oceanfront Resort Alexandra & Constance�Mensing' Agenda Item 14 page 1 of 15 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 414 22nd %2 Street.The site contains a three-unit condominium and is zoned OR Oceanfront Resort District. • According to City records, this three-bedroom unit was constructed in 2013. • 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 22nd %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 July 15, 2026, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Yes June 21, 2026 No Alexandra & Constance Mensing Agenda Item 14 page 2 of 15 t- rM r %Short Term Rentals in the Vicinity , , r 0 t 0 ; z , r t S ry�,j i" �AL , i r , t 43 ' R , r � , X s • L 0 ` , S 4, 3 n r ' , r A , ti c^ 03 % C. ' Short Terri Rentals ry r r STR Permits(3€) 0 , . r Alexandra & Constance Mensing Agenda Item 14 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: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 3 (1 provided on-site, 2 provided off-site) Alexandra & Constance Mensing Agenda Item 14 page 4 of 15 Zoning # Request 23Ro 51 CUP (Short Term Rental) Approved A112(08) 1 10/15/2024 CUP(Short Term Rental) Approved :, k .1 09/19/2023 2 CUP Rental Term Short Approved t.F SS p ( ) , 22NC HA 09/19/2023 3 CUP(Short Term Rental) Approved OR 6 v 08/15/2023 OR(STR-OR)� CUP(Short Term Rental) Approved 07/07/2020 4 CUP(Short Term Rental) Approved 22Np ST 07/07/2020 3 CUP(Short Term Rental) Approved 5OR(STR-01R) 07/07/2020 5 ALT Approved 03/11/2014 6 NON Approved 04/10/2012 7 NON Approved 05/08/2007 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation - • • The applicant is requesting to operate a three-bedroom Short Term Rental within an existing condominium unit. The three-bedroom Short Term Rental is required to have three off-street parking spaces. The site has a one- car garage, and the applicant has submitted an Intent to Lease Off-Site Parking Agreement to lease two parking spaces at the Jungle Golf Commercial Parking Lot located 0.16 miles from the site. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Alexandra & Constance Mensing Agenda Item 14 page 5 of 15 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 414 22nd Y2 Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Alexandra & Constance Mensing Agenda Item 14 page 6 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. Alexandra & Constance Mensing Agenda Item 14 page 7 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, 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. 21. The Conditional Use Permit for the Short Term rental shall not be activated until the property is in good standing with the Commissioner of the Revenue. 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. Alexandra & Constance Mensing Agenda Item 14 page 8 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 14, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 30, 2026, and October 7, 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 September 28, 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 October 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 27, 2026 and November 3, 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 26, 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 November 6, 2026. Alexandra & Constance Mensing Agenda Item 14 page 9 of 15 LayoutSite w .ram" Ow s 0l, 1 1 A rw t W r Z� t� �t z V# 9 Alexandra & Constance Mensing Agenda Item 14 page 10 of 15 - i Site Photos li . :. . A ` 07 4 t „" Alexandra & Constance Mensing Agenda Item 14 page 11 of 15 Disclosure 177-77 CITY OF VIRGINIA Statement BEXH he oisc'osures iontomed in th" form are nece.ssoly to inform pill it f,f; rri: who n 1 -tom c ,,,v?ixtron os t.>a•he,ther they have a conflict of interest under Vrrgrnui low.�vrnpletron and s,bm r o,' this form is required for oil applications that pertain to City real es tote motters nr to the development and: ose of property in the City of Virginia Beach requiring action by the City Councri, boards. -ommiss,ons, v t other bodies. t SECTION APPLICANT • • DISCLOSURE APPLICANT INFORMATION Applicant Name: re Co r S 1 ci'I C C He'l as listed on opplicotion Is Applicant also the owner of the subject property? eN � " if no,Property Owner must complete SECTION 1:PROP RTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso Nog If yes,name Representative: / -- Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Ye No0 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or offilioted business entity I relationship with the applicant.(Attach list if necessary.) �t('c o,•. �c, v�.�v.�J` VA LLC : A �a M cy.,r�v� so Does the subject property have a proposed or pending pur chaser 11 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 t 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.) NO YES SERVICE PROVIDER j SERVICE LtD Nome enti and/or irtdividuol tcT o:� Oi,O S CJV�C�`✓�5 �J'� Financing(mortgage,deeds of trust, O cross-collateralization,etc.) 1 Real Estate Broker/Agent/Realtor page 1 of 3 Disclosure statement I rev. May-2024 Alexandra & Constance Mensing Agenda Item 14 page 12 of 15 Disclosure APPLICANTSECTION 1: DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual .Accounting/Tax Return Preparation © -J:�c-�L (0 1C Architect/Designer/Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services 0 APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name{Print) Applicant ignature D to 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 porent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there ore common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CiTY USE ONLY: No changes as of(date): 10/22/2026 Alexis B al 10/22/2026 Staff Name(Print) taffSig�u eri/(ram Date Disclosure Statement I rev. May-2024 page 2 of 3 Alexandra & Constance Mensing Agenda Item 14 page 13 of 15 Disclosure • . • • • • : PROPERTI 0\NER INI k 11MAI ION Property Owner Name: a r-I �� ,�IN-1 i �'•t to+ . or k7ev;v'Wor, Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yv'.('iNo0 ;he^11 +ec<`f Jrl c`tf+Cr"r>. d11cch4s. members,i,r frlrsters br/cw ANP hwmr�w. or C hated business enhtl i rclationship with(fre aryilicanf AttnNr nt r nice�co ,' ��•+ .\.1 . `f +1�'...` � ��: \ I_L�— ._ i..1�� `l<ti�: � y .� l�r, ,' .,,e.,j Does the subject property have a proposed or pending purchaser? Yesf)Noa t`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 ap Interest in the s tect land or any proposed development contingent on the subject public action? Yes O No es.nome the o,",ciol or employee,and describe the nature,>f their interest._ PROPERTY OWNER SERVICES DISCLOSUR8 READ:The Owner must certify whether the foilowrl"ig services are being provided in connection to the subject application or any business operating or to be Ierated on the property. The name of the entity or individua providing such services must be identified.( loch list if necessary.J_ _ SERVICE fs NO SERVICE PROVIDER Nome entit and/or individual; Financing(mortgage,deeds of trus (°� Set< -� Orfi o f l cross-coliateralization,etc.) O Real Estate Broker/Agent/Re or e 0 —0&,k'`� Accounting/Tax Return Pr aration vC r�e- _._.___..--...- Architect/Designer/Lan ',cape O N Architect/Land Planngt �7 -- O 4( Construction Con actor __ { Engineer/Sury yor/Agent O v I i Legal Servi s -- O XREAD: Y OWNER CERTIFICATION fy that oil information contained in this Form is complete,true,and accurate.I understand that, of notification that the application has been scheduled for public hearing, I om responsible for e information provided herein three weeks prior to the meeting of Planning Commission, City A,CBPA,Wetlands Board or any pubs body or sommitttf a in connection with this application. 11GM Ko �l�c.,�'r UA LLC- oiJ w V L LL Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May•2024 page 3 of 3 Alexandra & Constance Mensing Agenda Item 14 page 14 of 15 • • 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. Alexandra & Constance Mensing Agenda Item 14 page 15 of 15 . 22N�HP�F SZ 22N�SI ® site Alexandra and Constance Mensing [� Zoning 414 22nd 112 Street " t Property Polygons Feet 0 10 20 40 60 80 Map created by Planning Department on 10/9/2026 STR VICINITY MAP ALEXANDRA AND CONSTANCE MENSING SA -119 f-. 9i t i , Z ^7 rr, 2 sSL1 sl m Ci ttij g';, Sl , , 1 S � i ' Short Term Rentals 0 STR Prarmts(31) t-'s Virginia Beach Planning Commission October 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #14 Alexandra & Constance Mensing Recommendation: RECOMMENDED FOR (APPROVAL/DENIAL/30/60/90- DEFERRAL/WITHDRAWAL) Discussion Clerk: Our final item is Item 14,Alexandra and Constance Mensing. Ms.Mensing: Good afternoon. Mr. Coston: Good afternoon. Please state your name for the record. Ms. Mensing: Yes, sir. My name is Constance Mensing, and we have applied for a short-term rental permit at 414 22nd and a Half Street. Like the gentleman before me, I've spent some time there since June,when we purchased the property. So some of the questions you asked him,I have some information. I've spent quite a bit of time there. We did some painting and remodeling and things like that. So I stayed at the property while I worked on those,and I've gotten to know most of the neighbors. They're a good group of people. They're mostly my age, some of them older, so it's fairly quiet. There's,as far as the traffic,there's really there's very little traffic honestly. There's a lot of foot traffic and bicycle traffic, but it's rare that vehicles go back and forth because there's nowhere to go unless you live back there. There's really no reason for you to be back there. Some of the parking,actually next door to me,the parking is for the building that faces the street behind me, which I believe is 23rd Street on the back of our house, so it's quiet and everybody knows where they're allowed to park. We kind of cooperate with each other if there's delivery to be made or something, we'll ask,you know,to move a car here or there, and the only rental that I'm aware of short term on that block right now is the one directly across the street from ours,and I was there most of July and into August daily. I stayed there for about six weeks,and they had renters all the time in and out, and they were, they were lovely. I mean, they were quiet. They were mostly families. They were,you know,they parked their cars in the driveway and walked everywhere or rode bikes. So there was,I don't know,I think, it's wonderful. It's a wonderful neighborhood. It's a wonderful location. It's very quiet,and I trying to think, what else you might have asked him. I don't reside. You asked him the same. You may want to know. I don't live here. I live in North Carolina. My daughter,though,is a Virginia Beach resident,and she's just a few miles away from the property. Is there anything else? Mr. Plumlee: Well, you were kind enough to meet with me before this formal, and we talked about these things. This is the kind of information we need to get up before council because they're considering this area actively. I think it's important to understand. The only complaints I've heard, well,the primary complaint I've heard is on these half streets where you have parking going on in and out. It has, on occasion, blocked people's ability to use their property conveniently at times. Doesn't always last that long,but it has been sort of a consistent theme,but I think you've addressed that, and I appreciate it very much. Ms. Mensing: You're very welcome. Mr. Mauch: Ms. Mensing, how long have you owned the property for? Ms. Mensing: We purchased it in June of this year. So we haven't rented it yet. We've been going through this process,and my daughter's military,so she's gone a lot,and I don't work as fast as I used to. So I've been working on my own there primarily. So that's why I spent so much time there. It takes a while for me to paint a room now. Mr. Plumlee: Yeah. Mr. Coston: Thank you. Ms. Mensing: You're welcome. Mr. Coston: Any further questions? Mr. Plumlee: Mr. Chair, a motion that the conditional use permit be granted for a short-term rental,but it not be activated until the short-term rental is in good standing with the Commissioner of Revenue. I move to approve. Ms. Schoonover: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Schoonover that this item be approved. Clerk: Thank you much. The vote is open. Commissioner Cromwell,your vote. Mr. Cromwell: Aye. Clerk: By a recorded vote of 10 to 0, Item 14, Alexandra and Constance Mensing has been recommended for approval as modified. Mr. Coston: We thank everyone for coming out today and participating. This meeting is adjourned. 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/Proffers 1. The following conditions shall only apply to the dwelling unit addressed as 414 22nd Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces,shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site,except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms,3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4)a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five(5)years. In years when an inspection is not required,the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CHESAPEAKE BAY PRESERVATION AREA BOARD • COMMUNITY SERVICES BOARD • DEFERRED COMPENSATION BOARD • GREEN RIBBON COMMITTEE • HISTORIC PRESERVATION COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OCEANA LAND USE CONFORMITY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • STORMWATER APPEALS BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD N. NEW BUSINESS 0. ADJOURNMENT VII. PUBLIC COMMENT/OPEN DIALOGUE Open Dialogue For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the meeting at: https://vbgov.webex.com/webIink/register/r76cd2b935a774fe48f82978232ledc3c 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 10, 2026. CITY OF VIRGINIA BEACH A R SUMMARY OF CITY COUNCIL ACTIONS K S B H S S E C U O - 5 R U T N H C DATE:10/20/2026 PAGE: 1 L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIL'S BRIEFING A. RUDEE PARK UPDATE Clay Dills,Owner— Dills Architects Chad Morris,Acting Chief Facilities Officer Michael Kirschman, Director—Parks and Recreation II. CITY MANGER'S BRIEFING A. EMS COMPASSIONATE BILLING UPDATE Jason Stroud,EMS Chief/Assistant City Manager III.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y A-F G. MINUTES A B 1. INFORMAL AND FORMAL SESSIONS APPROVED 9-0 S Y Y Y Y A Y Y Y Y Y October 6,2026 T A A A 2. SPECIAL FORMAL SESSIONS APPROVED 8-0 1 B October 13,2026 N S E T D A I N E D H. MAYOR'S PRESENTATION 1. RESOLUTION—Baylake United Methodist Church—70th Anniversary Reverend David Edinger—Pastor,Baylake United Methodist Church ADD- Phil Davenport ON 1. PUBLIC COMMENT 1. 2027 DRAFT LEGISLATIVE AGENDA 2 SPEAKERS K.1. Ordinance to AUTHORIZE vacation of ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y approximately 2,079 sq. ft. portion of a CONSENT 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") K.2. Ordinance to AUTHORIZE the Acquisition of ADOPTED,BY 10-D Y Y Y Y Y A Y Y Y Y Y an Agricultural Land Preservation Easement CONSENT (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$7SS,182;and TRANSFER offunds to purchase U.S.Treasury STRIPS 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:10/20/2026 PAGE: 2 L M H C — R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.3. Resolution to DESIGNATE the first full week in ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y November 2026 as Alzheimer's Awareness CONSENT 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) K.4. Ordinance to AUTHORIZE and ACCEPT ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Dedication of Easements re the Vacuum CONSENT Valve Monitoring System Project, (CIP 100440) K.5. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y APPROPRIATE$1,584,357 from the Federal CONSENT 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 K.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y $1,396,535.40 from the U.S. Department of CONSENT 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 K.7. Ordinance to ACCEPT and APPROPRIATE$1- ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Million from the United States Tennis CONSENT 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 K.8. Ordinance to APPROPRIATE$505,000 from ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y the Fund Balance of the Police Federal and CONSENT State Seized Assets Special Revenue Fund to the FY 2026-27 Police Operating Budget re software,equipment,and training K.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y $500,000 in pass-through revenue from the CONSENT Commonwealth to Nimmo United Methodist Church and DIRECTthe City Managerto enter into a Memorandum of Understanding(MOU) with the Virginia Department of Historic Resources re restoration of Nimmo United Methodist Church Building K.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y $416,862 in additional aid to Localities Grant CONSENT 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 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:10/20/2026 PAGE: 3 L M H C — R A H W U M E H G E M R U I C I D N E R M M O L L 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 LN K.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y $25,000 from the Virginia Department of CONSENT 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.1. JAMES M. MASTERS & MARY APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y L.OSTERHOUSfor a VARIANCE to Section CONDITIONED 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 L.2. JAMES P. BAKER & PATRICIA 0. BAKER, APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y TRUSTEES OF THE JAMES P. BAKER & CONDITIONED,BY PATRICIA O. BAKER REVOCABLE LIVING CONSENT 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 L.3. JEFFREY FOSTER & ANGELA FOSTER for a APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y Street Closure re one-half of an unimproved, CONDITIONED,BY unnamed alley adjacent to the rear of 512 CONSENT Vanderbilt Avenue in Croatan DISTRICT 5 L.4. GEORGE PITSILIDES/ TRUSTEE OF THE APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y PITSILDES LAND TRUST for a Street Closure re CONDITIONED,BY approximately 2,679 square feet of an CONSENT unimproved portion of Fountain Drive adjacent to 1945 Laskin Road DISTRICT 6 L.5 PRIME STORAGE BELLS RIDGE, LLC for a WITHDRAWN,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Modification of Proffers to a Conditional CONSENT Change of Zoning and a Conditional Use Permit re bulk storage yard at 1050 Bells Road DISTRICT 6 L.6. 449 LONDON LLC for a Conditional Change of DEFERRED TO 10-0 Y Y Y Y Y A Y Y Y Y Y Zoning from R-10 Residential District to NOVEMBER 10,2026, Conditional 1-1 Light Industrial District re BY CONSENT 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) L.7. BONNEY RD APARTMENTS LLC for a APPROVED/AS 10-0 Y Y Y Y Y A Y Y Y Y Y Conditional Change of Zoning from 1-1 Light PROFFERED Industrial District to Conditional A-24 Apartment District re develop a 209-unit multi-family community at 4576 Bonney Road DISTRICT 4 L.B. BEACH VIBE STAYS LLC/LEGACY BUSINESS APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y CENTRE LLC for a Conditional Use Permit re CONDITIONED,BY short term rental at 1909 Cypress Avenue CONSENT DISTRICT 6 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:10/20/2026 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 O ITEM# SUBJECT MOTION VOTE 1 5 R Y N N K D E N N L.9. WAVE INVESTMENT GROUP, LLC for a APPROVED/AS 10-0 Y Y Y Y Y A Y Y Y Y Y Conditional Use Permit re short term rental AMENDED/AS at 414 191"Street, Unit 104 DISTRICT 6 CONDITIONED,BY (Deferred from September 15,2026) CONSENT M. APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S 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 WETLANDS BOARD VIRGINIA BEACH COMMUNITY Appointed: 10-0 Y Y Y Y Y A Y Y Y Y Y DEVELOPMENT CORPORATION Chris Souther 4 Year Term 10/20/2026- 9/30/2030 N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT 7:10 P.M.