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7-14-2026 FORMAL SESSION AGENDA
4G�N1A•BE,gC City ofVirginia Beach "COMMUNITY FOR A LIFETIME 1 2 �S e Op BUR NAT��N City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash" Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 ciacksongreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 stcummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 ivrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ischulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney City Manager Amanda Barnes City Clerk Mark D. Stiles City Attorney Sue Cunningham City Real Estate Assessor Lyndon S. Remias City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Phone: 757-385-4303 1 Fax: 757-385-5669 City Council Agenda July 14, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. FOCUSED ACTION PLAN PROGRESS UPDATE 3:00 P.M. Monica Croskey, Deputy City Manager B. HISTORIC KEMPSVILLE REQUEST FOR PROPOSAL (RFP) 3:45 P.M. Emily Archer, Acting Director— Economic Development C. DISPARITY STUDY UPDATE 4:15 P.M. Lavera Tolentino, Purchasing Agent— Finance Sameer Bawa, Managing Director— BBC Research & Consulting II. CITY COUNCIL DISCUSSION/INITIATIVES/COMfa`,'= NTS 5:00 P.M. III. CITY COUNCIL AGENDA REVIEW 5:15 P.M. IV. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTION 1. Resolution to DESIGNATE Beasley Drive in honor of the Grammy Award Winning Vocal Group Blackstreet (Requested by Mayor Dyer and Councilmember Ross-Hammond) 2. Ordinance to AMEND City Code Section 10-1 to ADD the Princess Anne Area Library as a location for absentee voting and REMOVE the Meyera Oberndorf Central Library location for absentee voting re in-person voting (Requested by the Local Electoral Board) 3. Ordinance to DECLARE 300 +/- acres of City-owned property at 2500 Tournament Drive to be in EXCESS of the City's needs and APPROVE the Term Sheet for the redevelopment of the Virginia Beach National Golf Course and AUTHORIZE the City Manager to enter into a Purchase and Development Agreement with Dragas Associates, Inc. re the sale and development of the property 4. Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission 5. Ordinance to APPROPRIATE $300,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY2026-27 Police Department Operating Budget re a $15,000 donation to the VirgMra Beach Recovery Court and $5,000 to the Nationz, Law Enforcement Officers Memorial Fund in honor of our fallen officers, Christopher Reese and Cameron Girvin I. PLANNING 1. SHORE DRIVE AREA PROPERTIES, LLC for a Conditional Change of Zoning from PD-H1 Planned Unit Development District to Conditional B-4 (SD) Mixed Use District and a Conditional Use Permit re develop a fifty-two (52) condominium project with a small commercial component at 3853 Shore Drive parcels directly Southeast of 3853 Shore Drive DISTRICT 9 RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH to Rezone R-7.5 Residential District to P-1 Preservation District at vacant parcel on Upton Drive, directly North of 1088 Nimmo Parkway DISTRICT 5 RECOMMENDATION: APPROVAL 3. CRAIG AND APRIL DEAN / CRAIG DEAN for a Conditional Use Permit re short term rental at 404 21St, Unit A DISTRICT 6 RECOMMENDATION: APPROVAL 4. CRAIG AND APRIL DEAN / CRAIG DEAN for a Conditional Use Permit re short term rental at 513 20th Street DISTRICT 6 RECOMMENDATION: APPROVAL 5. ADARSH JAIN / SHELLS AND PEARLS, LLC for a Conditional Use Permit re short term rental at 511 20th % Street DISTRICT 6 RECOMMENDATION: APPROVAL 6. AMRISH JAIN / A&A VACATION HOMES, LLC for a Conditional Use Permit re short term rental at 509 2011 % Street DISTRICT 6 RECOMMENDATION: APPROVAL J. APPOINTMENTS • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • DEVELOPMENT AUTHORITY • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREt�'N RIBBON COMMITTEE • HISTORIC PRESERVATION COMMISSION • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OCEANA LAND USE CONFORMITY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PUBLIC LIBRARY BOARD • STOP INC., BOARD • TIDEWATER YOUTH SERVICES BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 14, 2026. I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. FOCUSED ACTION PLAN PROGRESS UPDATE 3:00 P.M. Monica Croskey, Deputy City Manager B. HISTORIC KEMPSVILLE REQUEST FOR PROPOSAL (RFP) 3:45 P.M. Emily Archer, Acting Director—Economic Development C. DISPARITY STUDY UPDATE 4:15 P.M. Lavera Tolentino, Purchasing Agent— Finance Sameer Bawa, Managing Director— BBC Research & Consulting II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 5:00 P.M. III. CITY COUNCIL AGENDA REVIEW 5:15 P.M. IV. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTION 1. Resolution to DESIGNATE Beasley Drive in honor of the Grammy Award Winning Vocal Group Blackstreet (Requested by Mayor Dyer and Councilmember Ross-Hammond) 2. Ordinance to AMEND City Code Section 10-1 to ADD the Princess Anne Area Library as a location for absentee voting and REMOVE the Meyera Oberndorf Central Library location for absentee voting re in-person voting (Requested by the Local Electoral Board) 3. Ordinance to DECLARE 300 +/- acres of City-owned property at 2500 Tournament Drive to be in EXCESS of the City's needs and APPROVE the Term Sheet for the redevelopment of the Virginia Beach National Golf Course and AUTHORIZE the City Manager to enter into a Purchase and Development Agreement with Dragas Associates, Inc. re the sale and development of the property 4. Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission 5. Ordinance to APPROPRIATE $300,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY2026-27 Police Department Operating Budget re a $15,000 .zonation to the Virginia Beach Recovery Court and $ , 000 to the National Law Enforcement Officers Memorial Fund in honor of our fallen officers, Christopher Reese and Cameron Girvin Wu BE' 04, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating Beasley Drive in Honor of the Grammy Award Winning Vocal Group Blackstreet MEETING DATE: July 14, 2026 ■ Background: Blackstreet is a Grammy award winning vocal group whose current members include Chauncey "Black" Hannibal, Levi Little, Mark Middleton, Eric Williams and former members Joseph Stonestreet, Teddy Riley, Dave Hollister and Terrell Phillips. Blackstreet began in Virginia Beach, recording their debut album, Blackstreet (1993- 1994), along with subsequent albums, Another Level (1996), Finally (1999) Level II (2003) and are currently back in the studio recording their fifth album solidifying the City in the band's history and future. Blackstreet played a central role in defining the R&B and hip- hop crossover era, helping reshape the sound of mainstream music at a critical moment in its evolution. Their influence continues to be reflected across generations of artists and remains embedded in today's global music landscape. Their debut album featured four Top 40 songs with the second album featuring "No Diggity" which was Number 1 on the Billboard Hot 100 in November 1996. Blackstreet won the Grammy Award for Best R&B Performance by a Duo or Group with Vocals in 1998. There can be no doubt that Blackstreet represents more than a successful recording band. They are globally recognized for their music by shaping the soundscape of a generation and continue to be a worldwide success to this day. Blackstreet is not only a pioneer of R&B but is one of the most important forces in modern music. ■ Considerations: In recognition of all that the group has accomplished, in appreciation for music that is loved around the world, and created here in Virginia Beach, the attached resolution designates Beasley Drive in honor of Blackstreet and directs the City Manager to cause signs in honor of Blackstreet to be erected on street signs along Beasley Drive. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Resolution REQUESTED BY MAYOR DYER AND COUNCILMEMBER ROSS-HAMMOND REQUESTED BY MAYOR DYER AND COUNCILMEMBER ROSS-HAMMOND 1 A RESOLUTION DESIGNATING BEASLEY DRIVE IN 2 HONOR OF THE GRAMMY AWARD WINNING VOCAL 3 GROUP BLACKSTREET 4 5 WHEREAS, Blackstreet is a Grammy award winning vocal group whose current 6 members include Chauncey "Black" Hannibal, Levi Little, Mark Middleton, Eric Williams 7 and former members Joseph Stonestreet, Teddy Riley, Dave Hollister and Terrell Phillips; 8 9 WHEREAS, Blackstreet began in Virginia Beach, recording their debut album, 10 Blackstreet (1993-1994), along with subsequent albums, Another Level (1996), Finally 11 (1999) Level II (2003) and are currently back in the studio recording their fifth album 12 solidifying the City in the band's history and future; 13 14 WHEREAS, Blackstreet played a central role in defining the R&B and hip-hop 15 crossover era, helping reshape the sound of mainstream music at a critical moment in its 16 evolution. Their influence continues to be reflected across generations of artists and 17 remains embedded in today's global music landscape; 18 19 WHEREAS, their debut album featured four Top 40 songs with the second album 20 featuring "No Diggity" which was Number 1 on the Billboard Hot 100 in November 1996; 21 22 WHEREAS, Blackstreet won the Grammy Award for Best R&B Performance by a 23 Duo or Group with Vocals in 1998, 24 25 WHEREAS, in recognition of Blackstreet's enduring legacy, and with `No Diggity' 26 about their cultural significance, the City Council desires to dedicate a street in their honor; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH: 30 31 That the City Council hereby designates Beasley Drive in honor of Blackstreet and 32 hereby directs the City Manager to cause signage in honor of Blackstreet to placed on 33 Beasley Drive. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2026. AP ED AS TO LEGAL SUFFICIENCY: Ci At rney's Office CA17272 R-1 July 1, 2026 o° :ts CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Add the Princess Anne Area Library as a Location for Absentee Voting in Person and to Remove the Meyera Oberndorf Central library as a Location for Absentee Voting in Person PUBLIC HEARING: July 7, 2026 MEETING DATE: July 14, 2026 ■ Background: On June 8, 2026, the Electoral Board voted to relocate the satellite voting site from the Meyera E. Oberndorf Central Library to the Princess Anne Library located at 1444 Nimmo Parkway. The Voter Registration and Elections Office relocated to 500 Studio Drive in February. As a result, the Pungo/Blackwater area no longer has a convenient early voting location. Given that the Central Library is located only 1.4 miles from the new Voter Registration and Elections Office, the Electoral Board determined that it would be more beneficial to close the Central Library satellite voting site and establish a new satellite location at the Princess Anne Library to better serve voters in the southern part of the City. ■ Considerations: The proposed location meets the accessibility requirements of the Americans with Disabilities Act (ADA). City ordinance requires the Director of Elections to obtain a Certificate of No Objection from the Office of the Attorney General prior to implementing any satellite voting location change. Upon receipt of the certificate, the new satellite voting location will be utilized beginning with the November election. ■ Public Information: In accordance with § 24.2-306 of the Code of Virginia, notice of the proposed polling place change will be published in a newspaper of general circulation once a week for two consecutive weeks. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Map Requested by the Local Electoral Board REQUESTED BY THE LOCAL ELECTORAL BOARD 1 AN ORDINANCE TO AMEND SECTION 10-1.1 OF THE 2 CITY CODE TO ADD THE PRINCESS ANNE AREA 3 LIBRARY AS A LOCATION FOR ABSENTEE VOTING IN 4 PERSON AND TO REMOVE MEYERA OBERNDORF 5 CENTRAL LIBRARY AS A LOCATION FOR ABSENTEE 6 VOTING IN PERSON 7 8 SECTION AMENDED: § 10-1.1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 1. Section 10-1.1 of the City Code is hereby amended and reordained to read as 14 follows: 15 16 Sec. 10-1.1. Satellite absentee voting locations; notice. 17 18 (a) As authorized by Code of Virginia § 24.2-701.2, the satellite offices to be used 19 in the city for absentee voting in person are the following locations: 20 21 Bayside Recreation Center, 4500 First Court Road. 22 23 Great Neck Recreation Center, 2521 Shorehaven Drive, 24 25 Seatack Recreation Center, 141 S. Birdneck Road. 26 27 MeyeFa Obemdorf Central Library, 4100 Virginia BeaGh Boulevard. 28 29 Kempsville Area Library, 832 Kempsville Road. 30 31 Princess Anne Library, 1444 Nimmo Parkway. 32 33 (b) The general registrar shall provide notice of such absentee voting locations at 34 the office of the voter registrar and at the voter registrar's website. Such notice will include 35 information regarding what time the location is available for in-person absentee voting 36 and other pertinent details. 37 38 2. The Director of Elections (Voter Registrar) is hereby directed to seek a certification 39 of no objection from the Office of the Attorney General using the preclearance 40 procedure provided by Virginia Code§24.2-129(D)for the satellite location change 41 authorized herein. The precinct change shall not be administered unless and until 42 the Attorney General has provided such certification or if 60 days lapses without 43 the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar r y Attorneys Office CA17258 R-1 June 24, 2026 „ t'H[S'II'IAKt' �,.,�.....,,,.�. '4r. fir. �• N o r f o i k piatrict ? _. Districtt3 District t I f Illl%IIC ' trig 4 ,District3 t ► .. trict r Districts tricO N. N 1 1 � District 7 s a p e a k c i t 4 i BM h tilt f i i NOIt Ill I I NI)IN6 lit S't.'K - �.rw o-e w-.r,aa..aw.n Mi::.Y,ar.11lAvrl�MllR:qw�e+wmwlleuwruMa;afi<nrllri:NYr*w..r� Existing satellite locations �.� Meyera E. Oberndorf Central Library Proposed new location- Princess Anne Library Voter Registration and Elections Office Please note: Locations shown are approximate. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring 300+/- Acres of City Property to be in Excess of the City's Needs 2) Approving the Term Sheet for the Redevelopment of Virginia Beach National Golf Course and 3) Authorizing the City Manager to Enter into a Purchase and Development Agreement for the Sale and Development of the Property to Dragas Associates, Inc. PUBLIC HEARING: July 7, 2026 MEETING DATE: July 14, 2026 ■ Background: The City of Virginia Beach (the "City") owns property located at 2500 Tournament Drive (GPINs: 1494-34-4919 and 1494-52-3434) consisting of approximately 350 acres, a portion of which is currently operated by the City of Virginia Beach Development Authority (the "Authority") as the Virginia Beach National Golf Course (the "Golf Course Property"). The City also owns land adjacent to the Golf Course Property (GPINs: 1494-13-7202 and 1494-03-5237) currently leased for farming purposes (the "Farm Property"). On October 13, 2023, the City Auditor released its audit of the Virginia Beach National Golf Course (the "Audit"). The Audit identified numerous capital and operational maintenance needs at the golf course and further identified the need for substantial investment in the golf course to prevent further deterioration of the golf course and associated facilities. After the Audit, the City received unsolicited proposals from groups led by Dragas Associates, Inc. and L.M. Sandler & Sons, Inc. seeking to purchase the Golf Course Property. After consideration of the unsolicited proposals, City Council directed staff to develop and issue a request for proposals for the sale of Virginia Beach National. On October 12, 2025, the City issued its Request for Proposals (RFP#ED-25-04) ("RFP") seeking proposals for the purchase of land consisting of a portion of the Golf Course Property, for the operation of Virginia Beach National Golf Course ("VBN") and such other uses as deemed appropriate by the proposers. After a review of all responsive proposals received, City Council directed City staff to negotiate terms with Dragas Associates, Inc. (the "Developer") pursuant to the Developer's proposal submitted in response to the RFP. Approximately 50 acres of the Golf Course Property is currently operated as the First Tee of Virginia Beach by the YMCA of South Hampton Roads (the "First Tee Property"). The First Tee Property was not included in the RFP. To ensure continued operations on the First Tee Property, an Ordinance to transfer the First Tee Property to the YMCA of South Hampton Roads will be brought for City Council's consideration at a future meeting. The Developer proposes to (i) purchase a portion of the Golf Course Property and a portion of the Farm Property, consisting of approximately 300 acres (collectively, the "Property"), (ii) refurbish and partially reconfigure VBN utilizing the existing Golf Course Property and a portion of the Farm Property, (iii) develop a maximum of 20 stay and play cottages on the Golf Course Property, (iv) develop a potential daycare facility, and (v) develop new ancillary golf amenities such as a putting course, new maintenance facility and improved clubhouse (collectively, the "VBN Project"). In addition to the VBN Project, the Developer intends to construct 659 residential units and associated amenities on portions of the Property outside of the Interfacility Traffic Area where residential uses are allowed (the "Residential Project" and with the VBN Project, the "Project"). The proposed layout of the Project is shown on the attached Location Map. Once constructed, Developer would provide for the continued operation and maintenance of all elements of the Project at its cost. City staff and the Developer have negotiated the proposed Project and have agreed, subject to the approval of City Council and City of Virginia Beach Development Authority (the "Authority"), on terms and conditions for the Project and the relative responsibilities of the City, Developer and Authority necessary to execute a purchase and development agreement, as more specifically set forth in the Term Sheet attached to the Ordinance as Exhibit A. The continued operation of the golf course was a critical element in the selection of the Developer in the RFP process. Under the terms of the Project, VBN would remain a publicly accessible golf course designed to increase local play and add to the City's sports tourism market. The City will reserve a 99-year repurchase option for the golf course land should the golf course cease to be operated as a public golf course for a period of more than 2 years. ■ Considerations: The City leases the Golf Course Property to the Authority. The Authority entered into a management agreement in 2007 with Virginia Beach Golf Club, LLC for the management and operation of VBN that expires on December 31, 2026. Recent condition assessments of VBN have disclosed significant deterioration of the golf course and clubhouse. To maintain status quo at VBN, the cost of capital repairs and maintenance is estimated to be $7.7 million. The Authority's receipts under the current management agreement are not adequate to cover VBN's capital costs. The parties anticipate that new 'but-for' tax revenue generated by the Project will reach approximately $3.4 million per year once the Project is complete. The housing component of the Project would meet the diversity and attainability goals outlined for the Courthouse Area in the Comprehensive Plan. The anticipated total costs of refurbishing the golf course to its former Pete Dye standard and of constructing the stay and play cottages is approximately $38 million. This funding consists of (i) the $17.94 million purchase price paid by Developer for the Property, which will be reinvested in the golf course, (ii) plus an additional $18.4 million also contributed by the Developer and (iii) and $1.82 million in Authority funds, which were set aside by the Authority for golf course improvements, including upgrades to the stormwater facilities. ! The City would also be responsible for payment of (1) an additional $4.3 million for infrastructure to support the VBN Project, and (ii) up to an additional $3.6 million for contingency cost overruns associated with the infrastructure elements of the VBN Project. I Developer would be responsible for all other cost overruns, but could recoup up to a maximum of $10.2 million in cost overruns associated with the VBN Project. Those monies would be paid by the City from the'but-for'tax revenues generated at the Project. Approval of the sale of the Golf Course Property requires an affirmative vote of nine members of the City Council. The authorization to sell is conditioned on execution of a Purchase and Development Agreement consistent with the terms set forth in the Term Sheet attached to the Ordinance as Exhibit A. Should any terms of the transaction materially change during the development of the definitive Project documents, re- authorization of the sale and transaction would also require a nine-vote supermajority of City Council, The Farm Property was purchased as a part of the City and Commonwealth's Oceana and Interfacifity Traffic Area Conformity & Acquisition Project. As such, a repayment amount (estimated to be $178,000) will need to be refunded to the Commonwealth pursuant to the Grant Agreement between the City and Commonwealth. Funding to repay the Commonwealth will come from previously appropriated funds within Capital Project 100282 "Oceana & ITA Conformity and Acquisition II." ® Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on June 28, 2026, and will be held on July 7, 2026. An open session City Council briefing was held on June 16, 2026. Public information will also be provided through the normal City Council agenda process. The Developer intends to hold additional public engagement and information sessions prior to City Council's vote. +- i ® Recommendations:Approval. ® Attachments: Ordinance, Draft Term Sheet (Exhibit A), Location Map, Disclosure Statement I Recommended Action: Approval Submitting DepartmenfilAgency: Economic Development I City Manager: i i i a t 1 AN ORDINANCE 1) DECLARING 300+/- ACRES OF 2 CITY PROPERTY TO BE IN EXCESS OF THE CITY'S 3 NEEDS 2) APPROVING THE TERM SHEET FOR THE 4 REDEVELOPMENT OF VIRGINIA BEACH NATIONAL 5 GOLF COURSE AND 3) AUTHORIZING THE CITY 6 MANAGER TO ENTER INTO A PURCHASE AND 7 DEVELOPMENT AGREEMENT FOR THE SALE AND 8 DEVELOPMENT OF THE PROPERTY TO DRAGAS 9 ASSOCIATES, INC. 10 11 WHEREAS, the City of Virginia Beach (the "City") awns property located at 2500 12 Tournament Drive(GPINs: 1494-34-4919 and 1494-52-3434)consisting of approximately 13 350 acres, a portion of which is currently operated as the Virginia Beach National Course 14 (the "Golf Course Property"); 15 16 WHEREAS, the City also owns land adjacent to the Golf Course Property (GPINs: 17 1494-13-7202 and 1494-03-5237) currently leased for farming purposes (the "Farm 18 Property"); 19 20 WHEREAS, on October 12, 2025, the City issued its Request for Proposals (RFP 21 #ED-25-04) ("RFP") seeking proposals for the purchase of land consisting of a portion of 22 the Golf Course Property, for the operation of Virginia Beach National Golf Course 23 ("VBN") and such other uses as deemed appropriate by the proposers; 24 I 25 WHEREAS, after a review of all responsive proposals received, City Council 26 directed City staff to negotiate terms with Dragas Associates, Inc. (the "Developer") 27 pursuant to Developer's proposal submitted in response to the RF'P; 28 29 WHEREAS, the Developer proposes to (i) purchase a portion of the Golf Course 30 Property and a portion of the Farm Property, consisting of approximately 300 acres 31 (collectively, the "Property"), (iii) partially reconfigure and refurbish VBN, (ii) continue 32 operating VBN and associated amenities as a public golf course, (iii) develop 33 approximately 659 residential units and associated amenities, (iv) develop a maximum of 34 20 stay and play cottages, (v) develop a daycare facility, (vi) develop an illuminated 18- 35 hole putting course, (vii) create two grand entrances, and (vill) develop a new golf course 36 maintenance facility to replace the existing facility (collectively, the"Project"); 37 38 WHEREAS, City staff and the Developer have negotiated the terms and conditions 39 for the proposed Project and the relative responsibilities of the City, Developer and the 40 City of Virginia Beach Development Authority ("Authority") necessary to execute a 41 purchase and development agreement, as more specifically set forth in the draft Term 42 Sheet attached hereto as Exhibit A; 43 44 WHEREAS, VBN would remain a publicly accessible golf course and the City 45 would maintain a 99-year repurchase option should the golf course cease to be operated 46 as a public golf course for a period of more than 2 years, all as set forth and defined in 47 the Term Sheet; and i 48 WHEREAS, City Council is of the opinion that the sale of the Property and 49 development of the Project will support the creation of additional housing units while 50 ensuring the preservation of the golf course to the benefit of the citizens of Virginia Beach. I 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ' 53 VIRGINIA BEACH, VIRGINIA, 54 55 1. That the Property is hereby declared to be in excess of the needs of the City 56 of Virginia Beach. 57 58 2. That the Property is authorized to be sold on the terms and conditions as 59 materially set forth in the Term Sheet, attached hereto as Exhibit A, and incorporated i 6o herein. Any material change to the terms of the transaction shall require a new 61 authorization of sale. 62 63 3. That the City Manager,or his designee, is hereby authorized to execute any 64 and all documents necessary for the sale of the Property as contemplated herein, so long 65 as the documents are substantially in accordance with the terms set forth in the draft Term 66 Sheet, and such other terms,conditions or modifications as may be acceptable to the City i 67 Manager and in a form deemed satisfactory by.the City Attorney. 68 69 4. That the City Manager shall refund to the Commonwealth such amount 70 attributable to the Farm Property as required by the Grant Agreement between the City 71 and the Commonwealth for property acquisition around Oceana and the ITA. Funding for 72 this payment shall come from Capital Project 100282 "Oceana & ITA Conformity and 73 Acquisition 11". 74 75 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of I 76 , 2026. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTI-IS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL i APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY; City Attorney Econo 6c Development i CA 17166 Uvbgov.comWls 1lapplicalionslcitylav+lcycom32hvpdocsW0111p055101138766.docx R-1 i 6/30/2026 2 City 6-16-26 EXHIBIT A 4 i TERM SHEET PRINCESS ANNE LANDING June 2026 The City of Virginia Beach (the "City") owns approximately 300 acres used for the operation of Virginia Beach National Golf Course ("VBN") and approximately 45 acres directly adjacent to VBN, further described and defined in Section I below as the "Property"and depicted on Exhibit A. The City leases a portion,of the Property for VBN Y k'rk to the City of Virginia Beach Development Authority ("Autllo,'y") pursuant to a lease dated October 7, 1997 (the"Lease"). Included in the Lease,. proximately 50 acres,not �``"is included in the Property,operated as First Tee Virginia Bea61i iMrst Tee")pursuant to a sub-sublease between TPC of Virginia Beach and t e `CAth Hampton Roads ("YMCA") and an Assignment of Agreements . ,'nand between ,,uthority, the City, Hampton Roads Junior Golf Foundation and t CA dated July •.�,Q;09 (collectively the"Sublease"). r On October 12,2025,the City issued its Requests M 1 ga is(RFP#ED-25-04)("R.FP') F:A./;-- seeking proposals for the purchase ofo(2)parce`sfQland:a portion of 2500 Tournament Drive, GPIN 14943449190000; aril_{0�,W- 1494S234 b900 totaling approximately 350 acres, for the operation of VBN andf�sii {`tlerhuse :deemed appropriate by the proposers. After a review of all respousie pro ptias ,ceec�;tlie City Council of the City of Virginia Beach directed Ci staff to � ,negote`ern�s with Dragas Associates, Inc, ("Developer")p y,stylrafit tbvelapeosal sutiaitted in response to the RFP. Developer propose ,tke purch a. f the Pro e ty for (i) the partial reconfiguration and refiirbishment of VA jpcludig>#f :cous = d related facilities and(ii)the continued operation a V.4 s crated ain {1's as a public golf course and (iii) the ifs., :: ,. .., p developri xft�Of ap o i1ri'AR 59 residential uzuts and associated amenities, and(iv)the deve o ent of a ma num d Q�stay and play cottages,and(v)the development of a pad- 0 for a daycare fclity, ri vi)the development of an illuminated 18-hole putting course' additional e i cemefi s to the practice and training facility, and (vii) the creation of ,,:yyo ,and e�i ances, each with enhanced landscaping and large scale monumentatios:and (vi" 'tie development of a new golf course maintenance facility to replace the exist!" g fad W(collectively, and as fiuthex defined and described below,the "Project'). The pfif�kt`��'Packnowledge that new, `but-for' tax revenue generated by the Project is expected to`t each approximately$3,400,000 per year at full Project buildout. Staff and Developer have discussed the proposed Project and have agreed, subject to the approval of City Council and Authority, on terms and conditions for the Project and the relative responsibilities of the City, Developer and Authority necessary to execute a purchase and development agreement, (the "Purchase and Development Agreement") and expeditiously bring the Project to fiuition (the "Transaction") in order to minimize closure of the golf course for public play. This Term Sheet is an outline of terms. Moreover,this Term Sheet is not,nor is it intended to be, an offer, an acceptance, or a binding agreement of any kind. To the contrary, this Tenn Sheet is only a summary of the business terms of a possible transaction,which may be agreed in principle only. Although this Tenn Sheet identifies many of the material issues, any possible Transaction is complex and issues may arise during the preparation and negotiation of definitive documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations to each other will only be as specified in any definitive agreements that ultimately may be developed.However,it is anticipated that the ordinance approving this Term Sheet and authorizing the sale of the property, will also authorize the City Manager to execute the final and binding Pu,ghase and Development Agreement if there are no material changes in the business ,;t� i}i§ set forth herein. The parties acknowledge that negotiation of Purchase and ZJ `elopmenfi Agreement will inherently require flexibility, and that refinements, adsiEt#.s, and evolution of the business terns set forth herein are expected and anticited. Slii'��i material changes to the business terms set forth herein be identified, a r 'td Term She's"-` d/or Purchase and Development Agreement will need to be approy$ i` City Council aric.pAecuted by all of the parties. Whether a proposed change is Y, terial, thus requiring 'Ri atonal, formal Council approval,will be determined by thetll&.Wanage:.!T"b' n consultatio": th the City attorney and in their sole reasonable discretion,';:, cl �{�yi�l be exercised in good faith. M Additionally,while noiae of the pale .to this Tei`0i� t are under any obligation or duty to attempt to negotiate the Transactioiti% iiy,related documentation or,if such negotiations commence, to continue such negotia 4 s"•,tlie..•,Parties V1 y.use their good faith efforts to negotiate the Purchase and Developmi Agree° iitju? accocnce with the agreed upon Term Sheet.Nonetheless�i ,,'g proving f 9.T ,: ),'� h e# c i party indicates its belief that this Term Sheet can fOr s ie l a is for tl t �'�Czffidsaction and the willingness to commence negotiation and preation of da�fitive dornentation toward that end. 1. Pro ei,*���{�`;; r,r � fir} h YYI.}.giY Rt w1y,.yF �./ The boor ` o` .ixo e and a roxunated acrea es of various intended uses within ,{v ' p 'ur pP g it willdh6 detenninedIlt.a P'`"}chase and Development Agreement and refined prior to f�fS°'.t final`�,i;� plan approval5: ,,�s�requlreJ ;to accornmodate the execution of any or all elements of the `ry t L.> = {a A p*5101. iinately 300 acres constituting portions or all of parcels �v.r � ,.r1 GPINs 14943449 000n 941372020000, and 14940352370000,including a portion of the area known as- ` lBrown Farm, will be utilized for the continued operations of a reconfigured eighteen-hole golf course (the "Golf Course"), clubhouse, maintenance facility,associated recreational facilities,the Daycare Property(as defined below),and the Stay and Play Property(as defined below)(collectively,the"Golf Course Property"). (b) Approximately 52 acres constituting portions or all of parcels GPINs 14945234340000 and 14943449190000 will be utilized for the development of the planned residential for-sale units (the"Residential Property"). 2 E i (e) Approximately 6 acres of the Golf Course Property may be utilized for the development of a maximum of 20 cottages,predominantly as an accessory to the Golf Course Property(the"Stay and Play Property"). (d) Approximately 1.8 acres of the Golf Course Property, constituting portions or all of parcel GPIN 14943449190000 will be utilized for the development of a pad ready daycare site(the"Daycare Property"). (e) The proposed approximate boundaries of the Golf Course Property and the Residential Property are shown on Exhibit A, attached hereto, and are referred to collectively as the"Property". Q) The Property does not include they Y'4�titnately 50-acre parcel tt 77 {r uJf� shown on Exhibit A as First Tee Property". The Fjr 'Yee Prdpir shall be created by the City as a valid legal parcel through the Virgi, each subdivzs� atr process prior to Settlement, as defined below, and thereafter s111Se conveyed to the' CA pursuant to the direction of City Council. -afRi`' (g) The areas described inectlon }; (b), and (d) above shall be created as separate valid legal parcq,&through the s d'ision process in the City prior to Settlement,as defined below. Deve e City orQrity shall be jointly responsible for obtaining all subdivisions necessa ytfor'tiPoject, ,associated costs split equally between them. 2. Genera W666,y t f�;. �cfi�t;ion of f�ey ! (a)'W-,stGolf Corur'kc=` An est 38,160,000 will be invested into the Golf Course Propertyfol ov4f1; strnate r$19,760,000 from a combination of the Purchase e, 17 4�} f<{ r ' , ,{( �r,,,9 i0)fY,;,and Aulhozly{' tn�ds ($1,820,000), defined hereinafter,will be uivest01.t in tiefeovatrSzzhothe Golf Course to include construction of new golf holes and.a fated ixn r6 inents!-:`,,ovation of remaining existing golf holes construction of a net!: , arntenance facie.` co ion of deferred clubhouse repairs, and renovations of the carf t5 ibs,irrigation systems ar dlakes; an additional estimated$18,400,000 in private investn fi , tt f t.h sreiir, e Additioq` Private Investment")will be invested to include additional clubhouse upjo-',tes and iftting, up to 20 stay and play cottages, an illuminated 18-hole putting course, a.grarlceufance at Nimmo Parkway, and course oirtfittnrg including golf maintenance equrpr�ienf (i) Course Redesirr. The current 18 holes shall be redesigned to retain the style of Pete Dye, as agreed by the parties. The parties will collaborate in the redesign and agree to minimize, to the extent possible, the proximity of any of the Residential Units to the fairways or active play areas of the Golf Course. The "Course Redesign" shall include all Golf Course Property development and improvements, excluding the vertical construction of the Stay and PIay Property cottages. The Course Redesign shall also include the redesign, reconfiguration, and renovation of the Golf Course and all stormwater facilities necessary to serve the Property and Project and all 3 construction to fully complete same as approved. Course Redesign will be driven by stormwater design requirements,course playability,and the parties'shared commitment to the long-term financial sustainability of the Golf Course,and as such,Developer shall have the right to relocate, reconfigure, or otherwise modify any or all golf holes or associated features in the Course Redesign, provided such modifications are consistent with the existing course design and style. (ii) Clubhouse. The existing clubhouse will be renovated to improve the restaurant,locker rooms, and retail ("Clubhouse"). (iii) Additional Golf Amenities. An ' ziiinated 18-hole putting ,- course will be added, along with enhancements to the :eit" g practice and training facilities(collectively,the"Additional Golf (iv) Golf Maintenance Faehity The exxt', olf maurtenance facility will be demolished and a new facility i%a 1fbe constructed 6-!the Golf Course Property. rr (v) Construction. T.-He City agVowledges that"; If Course operations will be closed during the Course R6_091*n fcsi a period expected to be fifteen (15) to eighteen(18)months but not,'}}�o exceed twen: our 24 consecutive months from the time of Developer's receipt o i ll�pg }zits, apprti Is, and inspections required for Developer to commence the Course :edi i'g `• a ce tin'v(Z ues necessitated b casual p r� �p4 p �': y h', condemnation, force majeure, or other•`ftonts&T: r)eve opex s reasonable control. {rani nfr a iiew graii'd�ntrances will be constructed (b) ances. ti with one at the c '! ur: m#ersectiNof Tou;' went Drive and Princess Anne Road and the other new entrant@; .the interse.A on of Nizn�,o Parkway and West Neck Road("Grand Entrances')es )in accordcet ':���� ; S(e), j. �0n4r;fSta'_: d Pla . A maxunum of 20 cottages shall be constructed on the G6 °C{ourse Prop . Ali y and-play cottages will be used predominantly as an f• ,;� acceO amenity for fI> o1f Gb use Property. . ill''• •f. 110 ,(d) Res ��ntial Units. Approximately 659 for-sale dwelling units with ,,, pP Y amenities tofu . de a �p.Dr'! use, swimming pool, fitness center, and walking trail. The dwelling units veil On$ts Mour types of condominium units and will not exceed a density of eighteen (18) uft RV r acre of the Residential Property that is unencumbered by the r hiterfacility Traffic Area. Developer shall use best efforts to target two of the four residential product types to households earning under 120%of Area Median Income. (e) Daycare Property, Development of approximately 1.8 acres for a pad-ready site restricted to daycare use.Developer will develop a pad-ready site and market the Daycare Property to licensed,professional daycare providers,who will,in turn,operate the facility. The facility will be privately constructed. Daycare provider and Developer shall mutually agree upon a deal structure,options for which may include but not be limited to a ground lease,pad-ready parcel sale, build-to-suit, spec build, or traditional lease. 4 3. Purchase Price and Settlement. (a) City shall sell the Property to Developer for Seventeen Million Nine Hundred Forty Thousand Dollars $17,940,000 ("Purchase Price") with no financing contingency. The Purchase Price will be invested into the Golf Course Property as demonstrated by reasonable documentation of costs submitted prior to requesting or receiving any City fiords. (b) Transfer of title and payment pr fe Purchase Price (the "Settlement") c � f7;•;.:r. Settlement") shall take place on or before 30 days fr : A jeye�oper receiving all local, state, and federal permit approvals (including rezo a �Yi.visions necessary or desirable in Developer's sole and absolute opinion foie deveiopIrit ofthe Project.Prior ,.,..,� Redes to Settlement, should permits be approved for t-he_VgMrse ign or,agy,; ion thereof, and depending on the scope and nature of at} iKer outstanding peanut #gveloper may commence construction on the approved 'dn(s) of✓ e: Course Reden prior to Settlement by mutual agreement with the City. W1,01 co.- ction will serve to minimize the duration of the golf course closure accommodat9I's. 9onal grass grow-in requirements, and facilitate a smooth operational,OMition. At Settlement, the Purchase Price will be deposited into au interest-bearing ac ftif( >y F`Escrary �ecaunt"). (c) The ,, hase and .eve will contain provisions restricting any hansfer;; 6 ;8 ►arce ofiij�, eest in a part of the Properly, except to Developer, or as in. agree writiA Developer and the City. The parties agree to cooperate in o0 ,;raith and sli` 'take all i sonable and necessary steps to ensure that p g Developer's inveslmtit<,in the os ,i7edesx Clubhouse, Additional Golf Amenities, r and Grand Ept aces is� piolecfe�f t r c red pending transfer of title, and City and Authori 1L3jot take ai.It ion,or fail to#a71�.e any action,that would impair,encumber, or dinfin"isli DevelSf?<s inet in the Property, the value of Developer's investment therd or Developers ht anc Fability to receive title to the Property. Notwithstanding the prededng sentence,zpiing slab prevent the City from taking actions in its municipal capacity`ds!gquired or ant prized bylaw. '.'rr 7'ie.City or Authority agrees to convey and transfer to Developer all interests in all ''' extures and equipment located at or used in the operation of the f� Property (collective' the"FF&E"),to the extent the City or Authority has title to or any colorable interest in such FF&E or if same is abandoned at the Property by any third-party. Such conveyance shall be at no cost to Developer and delivered as part of the Purchase Price in consideration of the Developer's covenants in this Term Sheet and the Purchase and Development Agreement. 4. Developer Obligations. Developer shall be responsible for the following elements of the Project. 5 (a) Developer shall be responsible for payment of the full Purchase Price to City at closing as detailed in Sections 3 above. (b) Dragas Management Corporation, a related entity to Developer, shall serve as general contractor for the Project and all related improvements as described herein. Developer shall be responsible for submitting requests to draw from the Escrow Account (a "Draw Request") to the City or Authority, accompanied by reasonable documentation of costs incurred,no more frequently than monthly. (c) Developer acknowledges the City C,quncil's 12% minority subcontractor goal and will make good faith efforts to work 7,fl.1 he City to identify and fi.., use SWaM subcontractors to the extent commercially reasonabM. (d) In connection with the Course If esign"W.-Public Infrastructure Improvements, defined hereinafter, Developer sh ll }se best efforf's"Vsolicit a minimum of three (3) competitive bids for each material/c'i ponent of the wor ' r to awarding any contract. 5. City/Authority Obligations. City'`03ttiity shall be responsible for the following elements of the Project. ,1 {P (a) The Authori%��.c 'tl!r holds �s J50,000 in an account for maintenance at VBN (the "VBN Ma ena rnc ount"'x'`�t settlement the Authority ( tire :. ) r.. X:• shall deposit the greater,,;gf?r�. '.f $750 00:01:or � the% lace<of the VBN Maintenance Account, as well as a d f bn;� 1,070,09" the Esc'w Account. To the extent the Authority receives. ayments fro the exi iflg operator under the existing management agreement prior f&l ttlement :Authority ad s to apply those payments to satisfy its ','f' ','= �, maintenance obligaffifis;,at tl�e ,G f;t� �,jse ar c3,that it will add any remaining funds it retains frornlZ ,paymefiisa,the Escrolcecsiint at Settlement.The sum of all fiends and paymentfgsoia# with fN �Section 5(a)shall be the"Authority Funds." ;;,3r ,1 (b) ,Purchase,Price and the Authority Funds (collectively, the DedieWW'd Project Fun ''.) shah°be held in the Escrow Account. Any interest that is earned in`t����scxow Accgtit shall be added to the Dedicated Project Funds, •F^ 'l. Of- r Authority shall reimburse Developer for all hard and soft costs incurred t esign and construction of the Course Redesign following a corresponding Dr quest wither thirty (30) days after receipt of each eligible Draw Request and associated documentation of costs incurred. Such costs incurred prior to Settlement shall be eligible for reimbursement after Settlement, by corresponding Draw Request. (d) Inclusive in all Developer reimbursable costs described herein shall be a 10% general contractor fee paid to Developer's general contractor, Dragas Management Corporation, a related entity to Developer. 6 (e} The City agrees to provide such easements or use agreements on its property as may be needed for the performance of the Transaction and execution of the Plan of Development (as defined below) at no fee to Developer, including easements to allow the off-site enhancements for the Grand Entrance and any other signage related to the Project. The Grand Entrances may require additional area for monumentation and enhanced landscaping and,to the extent the real estate for the Grand Entrances is controlled by the City or Authority, the City or Authority will cooperate to provide required dedications,encroachment agreements,or temporary construction,perpetual maintenance, or other easements. t� (f) The City and Authority shall facilitate aye ecute any right of entry agreements or authorizations necessary to provide Develo }fr d its agents, contractors, and representatives access to the Property for pur�_d� diligence, design, engineering, and construction activities related to the Pz�gj-ct. rf4 6. Infrastructure Improvements: T} ,execution of the f'fct may require public and franchise utility and public roa4s',4mprovements (collecti eX s,the "Public Infrastructure Improvements") that prov#3 J�benefits.gfiRAhe Golf Cot Property, adjacent land owned by the City and Authofti ►;,ar +tfre First Tee Property. Such improvements also support the sustairvnnability of lofiX1m public recreation on the Golf Course Property.The Public Iafrasfijl�t g.Tmprovemext' hall include,but are not limited to,hard costs, soft costs, and associaf�t43er, fgl4r�, ntract ; ees of the following: ••i�F�h '�i;.•fi t•�t76''�S'�'. �rl y4i (a) T '!✓.'rT lanes, ,, roa_,a.. �� ' 3ez�ing, franchise utility relocations/improvem ;y srcl _ elks s 'ca a and 4&dsca in improvements to �� r '�. y,r p P g p Tournament Drive. folential it *' sign a� ournamentDrive and Princess Anne Road, and Project signag_; cluduig s)gr age excluely for the Residential Property. -10" ,. extensions, improvements, and decomnnisSX fis e�ryrylr-ed o s rive the Golf 6�{irse Property,the First Tee Property,and the two 2 s cels owri .t by thep uthor�ity on Tournament Drive. (c) Ti mplytln the Virginia Public Procurement Act the parties anticipaMllr sole source termination for the design and construction of the Public qy= t, Infrastructur ? �proveme 7. 1M.,Slot.. nd City/Authority Shared Obligations. (a) Public Infrastructure. City or Authority shall reimburse Developer for all hard costs, soft costs, and associated general contractor fees incurred in the design and construction of the Public Infrastructure Improvements up to a maximum of $4,300,000 (the"Public Infrastructure Cap")following proof of expenses incurred and submission of a corresponding Draw Request. Any Public Infrastructure Improvement costs incurred prior to Settlement shall be eligible for reimbursement after Settlement,by corresponding Draw Request. (b) Overages. 7 (i) In the event that Developer incurs any cost overages on the design and construction of the Course Redesign in excess of the Dedicated Project Funds, City or Authority shall reimburse Developer for all such hard costs, soft costs, and associated general contractor fees incurred up to$3,600,000(the"Project Cap")following proof of expenses incurred and submission of a corresponding Draw Request. (ii) Developer shall pay for all costs incurred in the development and construction of the Course Redesign and Public Infrastructure Improvements in excess of the Project Cap and Public Infrastructure Cap,respectively. 8. Development Plan. As a part of the negotiation ofe definitive documents, the parties will agree on an acceptable plan of developmen$,iFlhe Project (the "PIan of Development"). The Plan of Development will include ; '-,•.'`<< (a) a due diligence period comet .feirig upon e eq-1.ion of the Purchase and Development Agreement and exp rin� e later of{i) I 44ys from execution of the Purchase and DevelopmentA 'ement or(fi)45 days °('#fpeveloper's 'receipt of City's second round of comments i :xodengineere site plan s sul� -ed by l Developer for the Project{the"Due Diligence Pe ")`Ifs'' f �.,. f (b) reasonable di fox complig the subdivision process needed to create the various parcels constitutrYny tN%i'T` e� rty; ti �Yf�� (c) reaspnable deadli s fob.~`e pa ? ,to ee on the redesign for the Golf Course; /a• d �T reasonable ea es "r Developer to obtain, with the City's cooperation as a cont Ogrlpar�ez {ezoni-ng ot`th_ Property and any necessary conditional `�'' "' eded to execute the Project; use permits at other perms#s<atrd`inspeetoCs y j f//readlines for Developer, with City's timely cooperation as fttfl rty owner, to;i,opt Lain,< for City, with Developer's timely cooperation as applic' t to grant, all peits, apxovals, and other authorizations for all elements of the .. Project. I �"f� er to mirum3tiiclosure of the Golf Course, the parties will attempt to obtain all a rovals' June 3 4027. City shall facilitate cooperation with the Authority, pp 0r°, ,. a;,� includurg all ne �ssa a r6vals or authorizations for work to be completed on or adjacent to the Pro e �' `r`p rly. if-o IT' al approval of this Term Sheet by City Council,Developer and City shall agree on ail`-nterim management agreement for the Golf Course operations, if necessary, to minimize closure and ensure smooth transition of golf operations, with such agreement to be effective as of the expiration or termination of the existing management agreement between the Authority and Virginia Beach Golf Club,LLC.During the term of the interim management agreement, Developer to have sole responsibility and to bear all costs for the operation and maintenance of the Golf Course and shall be entitled to retain all revenues generated at the Golf Course during that time. Developer agrees to invest an amount equal to the revenues retained in course operation, maintenance, employee retention and operational support of the Golf Course; and 8 (f) reasonable deadlines for City to terminate or facilitate mutually agreed upon changes to all agreements that may encumber or restrict the realization of the Project including,but not limited to: (i) Management Agreement for Virginia Beach National Golf Course,originally dated March 30,2007,by and between the Authority and Virginia Beach Golf Club,LLC. (ii) Ground Lease for TPC Golf Course dated October 8, 1997, by and between the City and the Authority. (iii) Virginia Beach National; eeafhtrommercial Sub-Lease, dated November 1, 2017, by and between Virgini , ech Golf , �ub, LLC, and VBN Restaurant,LLC. (iv) Lease Agreeme at Marc .26,2026 by° between the City and Land of Promise Farms Partnership 'rtial ter fon contemplal,69). .rssrr, •sr iI'�f�' (g) Settlement on� he:Project s on or before an agreed date,as outlined in Section 3 and when DQ`Oft 'as secutl gall rezonmgs, permits, typical inspections, and approvals necessaryc5r,#he'Tiject� (h) 9' and o Fide°' afes-`f'E:tcfti encement of construction 'yam.: f,_;r,-i2�,iL ,rri'' 'J�r will be agreed on wi % pf�ties�i vIng termv #`fin rights sliould these not be met. � Ott IJ 9. GM��,?.,••I r burse Pro e'` Re urcHasE.Option. The City shall have an option to repurchase the Golf e.?>� Or P 3 f p thArproperty cease to be used for a publicly access'bIgY o Corse f6f "Niiod of 110 84}��'n twenty-four(24)months,excepting times needed p renmm r reb, f guration of the golf course in the future or necessitated by casualty'condemnati'o_�Y�qr fore ajeure (the "City Repurchase Option"). The parties agree:Mat the public f i at ivatmg the City Repurchase Option is the continued availabiliftt.qf public golf' a community. •'�.r fit 6m of City Repurchase Option shall commence upon the Settlement as dee :gin and shall automatically expire and be of no further force or effect on the ninetyie {99)year anniversary of such Settlement. The City Repurchase Option shall only apply to the Golf Course Property, excluding the Daycare Property, nor shall it apply to any of the Residential Property. (b) The repurchase price (the "Repurchase Price") shall equal the greater of the FMV or the Investment Recovery Amount, as defined below, at the time of the City's exercise of the City Repurchase Option. (i) The fair market value("FMV")of the Golf Course Property, excluding the Daycare Property and, if applicable pursuant to Section 10(a), the Stay and 9 Play Property,at the time of exercise shall be determined as follows: each party shall select a licensed MAI-certified appraiser to provide an appraised value. If the two appraisals differ by more than ten percent(10%),the two appraisers shall mutually select a third MAi- certified appraiser, the cost of which shall be shared equally. Fair Market Value for the Repurchase Price shall be the average of the two closest appraisals. Such determination shall be final and binding on the parties. The parties agree that the property will be valued as a golf course,and value shall include the stay and play cottages and any other accessory uses and improvements, whether or not that might be the highest and best use at the time of the appraisal. (ii) The "Investment Recovery Am ''''''t" shall equal the sum 121 of. (1) the Additional Priytilir stmemt multiplied by a fraction,the numerator of which is the number of yegarS, d naimifig the ninety-nine (99) year term at the time of exercise, and the denomingXg,.,:of which is ivn ly-nine(99);plus sS'r x ' (2) future oil investment made in"#lerGolf Course Property, excluding the Daycare Property, AffiRrthe date41 ettlement, aiitiltxplied by a fraction, the numerator of which is the number o'rYeai_s`, e'' aining in the ninety-nine (99) year term at the time of the future q ?it al invest f d the denominator of which is ninety-nine 99 Spending on re-PAR " a lacementS' t do not extend useful life shall not count toward future capital invest'r;entfl"`- "if _f- {c} UPOA-.thq occ ring-py. ent under this Section 10,the Cityshall have sixty 6 #k} ec# b �'" ttn notice t0evelo er whether to exercise xty�.t:��. Y� 4 Y p the City Repurchag7 pfion, (d) ; ,ile Ci ;= pu c ai r Op n shall be exercisable only if, at the time of exercrs •_ 4 yet(�'t hasF;e':otin'`tted to'"e'stli}srlr and operate a publicly accessible 1 S-hole a.rtllfa.SY� r_,,. golf co, e of''bZflieiutual'.F"agreeable ublic recreation facilityon the entire of the Golf �.: CouFrs ? operty exc.1ding tht D+aycare Property within two (2) years of the date of exeibQ .,and shall the t: era t s ch facility for the remainder of the City Repurchase Option` ecific terms of the City Repurchase Option shall be further 4;�„ ., p defined in the 15"1", i#Development Agreement. 10. Specia'Terms. (a) Performance Grant. Notwithstanding any other provision of this Agreement, in consideration of Developer's performance and potential advancement of fiends necessary to deliver a renovated public golf course, City will reimburse Developer for any costs Developer incurs in excess of the Public Infrastructure Cap and Project Cap (each cost,a"Performance Grant Expenditure")via a performance grant(the"Performance Grant") as set forth below: 10 i (i) Amount of Performance Grant. The total amount of the Performance Grant will be the lesser of(i)the amount sufficient to reimburse Developer for any Performance Grant Expenditure as inflation-adjusted pursuant to an inflation index and methodology which shall be defined in the Purchase and Development Agreement, or {ii) $10,200,000, as adjusted by inflation. The parties acknowledge this amount is the projected Incremental Tax Revenue (defined below) to be generated by the Project over three years after full residential buildout. (ii) Funding of the Performance Grant. The Performance Grant will be funded with annual appropriations approved by City Cquncil into the Escrow �,.,:.. Account in an amount equal to the incremental real estate tax0s;�plard at the Project. The incremental real estate taxes will calculated annually as the, erence between(i)the real estate taxes assessed at the Property in the fiscal year prorto:$ettlement(as the Property is publicly owned,that amount will be zero), and (ii),t amouht�gJ jeal estate taxes paid at the Property after Settlement(the"Incremental fax revenue"). 'I' d{Performance Grant x will be funded by the City depositing the Incrern � Tax Revenue, as ft opriated,in the Escrow Account commencing the first Ia l year_following Se�nent. The Incremental Tax Revenue shall be used e�t srvely toy"' trnburse Dev6l'qp�er for any F �S' Performance Grant Expenditure subject to ' aeon dfsent and Developer will be reimbursed following proof of expe es incurred an J% iuussion of a corresponding Draw Request. The parties shall execute a. ";if?(��]-(,J j ance Gra 'T, .reement setting forth all further details and procedures. The City s oblig fiNi t' die osit t f cremental Tax Revenue into the Escrow Account shall terminate at's ek tinipy/},}.yW eve o'(M'} r has been reimbursed for ��� all Performance Grant Expeiitltres. f/s, %'`'�' G . /�, r; 1 MaigRance Ri' Durin Closure.If the Golf Course is closed MN . to public play fore; a than six,� consecuter months for reasons other than renovation or reconfiguration o 4gess} °I sualty;ti bnden ation, or force majeure, the City shall havN" K he; g t, britr 'T161, 'obliga`fiti ur; bn reasonable prior notice to Developer, to enter the" f Cofl['r' �Prot' and perform such mowing, trimming landscaping debris , remQ ,OIJ''and related, pterior,;;:grQunds maintenance as the City reasonably determines neces&my, to keep the (�, Co fsrr m a sightly, safe, and orderly condition (the "City Main&Hi ee").Develops ckno*ledges that the purpose of this right is to allow the City to protec''� •� P' ►..' pp safety, P integrity p g '"``• �d reserve t_ea earance safe operational rote rr and public-facing condition of '' olf Cour';�yl3uring any extended closure.The City s exercise of such right shall not constr' ss, taking, default by Developer, assumption of ownership or operational cont-orassumption of any ongoing maintenance obligation. Any City Maintenance perform fed by the City shall be limited to exterior grounds maintenance and shall not include capital improvements,course restoration,structural repairs,or operational obligations.In the event that following a closure of more than six(6)months as described in this Section 10, the City does not ultimately exercise the City Repurchase Option, and the Golf Course Property remains under Developer's ownership or control,Developer shall reimburse the City for its reasonable costs incurred in performing such City Maintenance. (c) Standard of Operation of Golf Course. The standard of operation of the Golf Course will be established in the Purchase and Development Agreement. 11 (d) Compliance with laws. All development contemplated for the Project shall comply with all laws, rules and ordinances, including, but not limited to Article 18 of the City's Zoning Ordinance regarding special regulations in air installations compatible use zones. 11. Next Steps. (a) Closed session briefing on the Term Sheet and proposed project. a •. (b) Public Briefing on Term Sheet and prop t�;'HT' roject. c Public Hearin on proposed sale( ) g p p ?ropfy to Developer. 4,r t.....`�'1';r3 (d) Such other public engagem 93 directed b` Council. (e) Vote to approve , r. (i) Tenn Sheet(r I"}'19utlit�`irty vote). '�rifj�;.ter r�' •�t, sr ARf: (ii) Sale ' Pe (iu) Terniinati�o of s wi#i:.;;Authority (also requires Authority vote). K;,,t r'iv Di "�sition o".* y Tee Property{may occur out of sequence before other steps` •'L � fl l;•l 1• tgalion o �3fre documents to include a Purchase and are cqc r.;F Develo 1, r/ ez ent; d,if no material changes from Tenn Sheet to Purchase and Devel fi-flient AgreRNI. e e, then the execution of Purchase and Development Agre ent shall occur,"IfViaterAl.RX ranges occur,then an additional vote by City Council would bNNabequired. 1'"$, q p pp �, T uence of steps set forth herein is approximate and the parties may mutually ag.i#;to, ` 'tinge,modify, or reorder such steps as necessary or appropriate to facilitate the Traion. Jj [SIGNATURES ON FOLL 0WING PAGES J 12 CITY: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: Name: Title: City Manage/Authorized Designee Attest: fY`fJ Date: 4if By: ,.� }4 City Clerk/Authorized Designee APPROVED AS TO CONTENT: A'... APPROVE' AS TO FORM: Economic Develo went ,g?K ,S ATUI NTIN i. ONFOLLOWING PAGE] 'jam{;i'•X �'r t `�''�%. •ail• 0 ..pYri �, '•fir•J '•{'�-r 13 DEVELOPER: DR.AAGAS ASSOCIATES,INC.,a Virginia corporation By: Name: Title: Date: l i ;VM. �s ' rry.y. TI r� ITMO, VIRGINIA BEACH DEV +3IQI'1 NT AUTHORITY, a ;��folitical u vision of the k 4> `�'✓6?a ;,mmonw ,lof Virginia ..YY rt r4` 'F NN e: CHAIR/VICE-CHAIR f. ,: Attest: �.rr,•�V xffr'f fS S/r rl W i{,i' 'Fed Ser �y/Assistant 5� etary APPROVED AS T: APPROVED AS TO FORM: Economic Development City Attorney 14 ''' \N, EX�IT A ®THE "PROPERTY" �` THE"RESIDENTIAL PROPERTY" ® j THE"FIRST TEE PROPERTY" Q THE"GOLF COURSE PROPERTY" f I Portion of. Any PARCF�L C �9 include i the Property Portia of PAR C L C not included In t Prope. ' 165 Portion of PARCEL D PARCEL not Included C In the Property. f: PARCEL D . _..PARCEL .�• ���' o PARCELS PARCEL A: 14945234340000 ENTIRE PARCEL PARCEL B: 14941372020000 ENTIRE PARCEL PARCEL C: 14943449190000 A PORTION OF PARCEL,ESTIMATED ABOVE PARCEL D: 14940352370000 A PORTION OF PARCEL,ESTIMATED ABOVE 15 LOCATION MAP THE"PROPERTY" THE"RESIDENTIAL PROPERTY" ti�� F 7 j THE"FIRST TEE PROPERTY" THE"GOLF COURSE PROPERTY" �. - ......... . .: -. . ....• . Portion of',c�ss�n� .. .. . ... - ` PARCE�L,�-C Included n ' 1 the Property Portio of 1 . . PAR L C trot locluded l in toj Prope t6S Partibn of t PARCEL D • t PARCEL not included' In the Property PARCEL v: a p PARCEL ', , z. PARCELS PARCEL A: 14945234340000 ENTIRE PARCEL PARCEL B: 14941372020000 ENTIRE PARCEL PARCEL C: 14943449190000 A PORTION OF PARCEL,ESTIMATED ABOVE PARCEL D: 14940352370000 A PORTION OF PARCEL,ESTIMATED ABOVE i•, VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion'and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Dragas Associates, Inc Is Applicant also the Owner of the subject property? Yeso No(F) If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO Noe If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo if yes, list the names of all officers,directors, members, or trustees below AND businesses that have a parent-subsidiary-1 or affiliated business-edtity,2 relatlbn$hip with the applicant. (Attach list if necessary.) See attached list. Does the subject property have a`proposed or pending purchaser? Yes _U No s 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 NOG If yes, name the official or employee, and describe the nature of their interest. E: APPLICANT SERVICES DISCLOSURE" READ:The Applicant must certify whether the following service,arc being provided irr 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 Financing(mortgage, deeds of trust, Name en tit and/or individual cross-collateralization,etc.) 0 © Dragas Mortgage Company Real Estate Broker/Agent/Realtor (ED) 0 Dragas Companies Realty Disclosure Statement I rev. M a y-2024 page 1 of 3 SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Q 4 Tim Liddy+Associates, Inc Architect/Land Planner Construction Contractor © Dragas Management Corporation Engineer/Surveyor/Agent ® Timmons Group,inc Qa Sykes,Bourdon,Ahem&Levy;Carney Patterson Meade PLC 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. Dragas Associates, Inc 06/10/2026 Applicant Name(Print) Applicant S tur Date 1"Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (H) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the 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 page 2 of 3 Disclosure Statement I rev. May-2024 SECTION 2: PROPERTY OWNER PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? YesoNo(D 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 2relationship 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 () 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 entit and/or individual) Financing{mortgage, deeds of trust, O cross-collateraIization,etc.) //--�� 0 Real Estate Broker/Agent/Realtor V 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. !understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 DrnLasAssodofes,Inc Officers.Directors,I%Icmhers,and Tr"Ces Dimdor {• Helen E.Dragas Officers :• Helen E,Dragas,President,CEO,and Chainroman ofthe Board 4• Brian Kokoska,Vice President t• Sally VandergAft,Vice President :• Line Rollers,Treaswer 0 Amtha N,lVM%Secretary DmasA.isodnte%Inc.Afllllated Business Entities 757 OZ Enterprises,LC •. Kines Pointe Associates,L.C. 4 757 OZ Fund 1,LC 13 Landstown Associates,LLC 4, Bonney Road Associates,LLC Plnntntion Wood,East,LC d Branford Square,LC Siglrature Holdings,LC Cie Manngement Inc. :• SignafurePartners,LC r,. Columbus Station Associates,LLC •:• Spence Crossing Properties LC v Crestfield Associates,LLC •: Spence Crossing Residential,rnc, :• Dominion Boulevard Partners, Spcnce Fnrnr Holdings,L.C- L.L.C. v Spun ceProperties,L.C. •: Dragas Acquisition,LLC {• Springton Associates,L.C. Dragas Communities,LLC ':• lSoodlands oiChesapeake Dragas Companies Realty,hrc. Associates,L.C. :• Dmgas Design.L.C. •} Dragas Nfitnagemcnt Corporation b Dragas Morlgaga Company • Dragm Properties,LLC A Dragas Propertj hfanagemeni,LC e- Drages Service Compauy Dragas VB Properties L LC Dunmore Assail ates,LLC r Gcmini Builders,Ina. {• Grayson at Centervilte,Ina. e Grove Dcvelopmem,Inc. 4 GSW Propeilics 11,LLC 4 GSW Properties;LLC 4 Hawkins Mill,LC. Hickory Alanorrlssocintes,L.C. 'ZO} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Ratify Amendments to the Bylaws of the Parks and Recreation Commission MEETING DATE: July 14, 2026 ■ Background: The Parks and Recreation Commission approved changes to its bylaws regarding membership and attendance during their June 2026 meeting. Article 9 of the Commission's bylaws provides that amendments to the bylaws must be reviewed and ratified by the City Council. ■ Considerations: The attached revised bylaws include the amendments requested by the Commission. These changes conform with the amendments to City Code § 2-3.1 regarding attendance that the City Council approved earlier this year. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance and Revised Bylaws. Recommended Action: Approval Submitting Department: Parks and Recreationf ' City Manager: iV AN ORDINANCE TO RATIFY AMENDMENTS TO THE BYLAWS OF THE PARKS AND RECREATION COMMISSION 1 WHEREAS, the Parks and Recreation Commission approved various changes to 2 its bylaws; 3 4 WHEREAS, Article 9 of the Commission's bylaws provides that amendments to 5 the bylaws must be reviewed and ratified by the City Council; and 6 7 WHEREAS, the City Council has reviewed these recommended amendments and 8 finds them to be acceptable; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That the City Council hereby ratifies the amendments to the bylaws of the Parks 14 and Recreation Commission, a copy of which is attached. 15 16 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17 day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Parks and Recreation City Attorney's Office CA17147 R-1 April 1, 2026 REVISED 40"'2/20244/2/2026 VIRGINIA BEACH PARKS AND RECREATION COMMISSION BY-LAWS The Virginia Beach Parks and Recreation Commission has adopted the following articles in order to facilitate its powers and duties in accordance with the provisions of the ordinances and resolutions of the City of Virginia Beach, Virginia. ARTICLE 1 That there is hereby created a Commission to be known as the Virginia Beach Parks and Recreation Commission, hereinafter referred to as the "Commission." ARTICLE 2 — Purpose of the Commission The Commission shall serve as an advisory body of the Virginia Beach City Council ("Council") for the purposes set forth in this article. The Commission shall serve as a liaison between Council, the City Manager, the Director of the Department of Parks and Recreation therewith, and the citizens of the City. The Commission shall consult with and advise the City Manager, the Director, and the Council in matters affecting open space, parks and recreation policies, programs, finances, and the acquisitions and disposal of lands and properties related to the total community and open space, parks and recreation programs, and to its long-range projected program for open space, parks and recreation. ARTICLE 3 — Membership Section 1. The Commission shall be comprised of thirteen (13) members. One (1) member shall be appointed by City Council from the residents of each of the City's ten (10) election districts; one (1) member shall be appointed from the residents of the City at large, and two (2) additional members shall be high school students (i) who reside in the City and (ii) attend different high schools. 'Ritially, a high SGheel sen;Gr shall be-apneirited for a ene Year teFFFI, and a high SGhael iunieF shall he peiRted for a twe one year year eFrri? Thereafter, high school juniors shall he appeiRted for twe year The City Council will appoint the student members to one-year terms, with one member being a junior, and the other a senior. A junior member may be reappointed to an additional one-year term as a senior. Section 2. —Vacancies occasioned by removal, resignation, or otherwise, shall be reported to the Council, and shall be filled in like manner as original appointments, except that the term of office is restricted to the unexpired term of office. No member shall awe be absent from more than half of the total number of meetings held by the Commission within a given calendar year. If this limitation is exceeded, the chairperson shall report to the City Clerk the name of the member whose absences exceed the number allowedan a^n„al total of mere thar, three@bSeRGes fG reasons ether than, PeFSeRal illneSS, The ifkes-s-er death E)f a relative eF ether GiFGU _,�� REVISED 4,102,1202 44r/2/2026 shall RGtify the City GIeFk's effirae on wFitiRg, with a GGPY to the GhaiFpeFG0R, and advise the Gity by the City Code. The notification should reference the attendance policy set forth in City Code § 2- 3.1 and iRdiGate it was con+ on behalf of the C;h. iFpercon. In the event of an anticipated absence, a member shall diligently attempt to notify the Secretary of the absence prior to the meeting. Section 3. — Members may be reimbursed for travel and subsistence to professional recreation meetings, conferences, and workshops. Such reimbursement may be made in compliance with the general policies of Virginia Beach upon authorization of the City Manager. ARTICLE 4 — Officers The officers of the Commission shall be Chairperson, Vice-Chairperson, and Secretary. The officers shall be elected at the organizational meeting to serve for one year or until a successor shall be elected. ARTICLE 5 — Meetings Section 1. — Regular meetings shall be held the first Thursday of each month during the year, or at such other time of the month as may be determined by majority vote of all members of the Commission. Section 2. —Special meetings may be called by the Chairperson or upon the written request of at least three members. Section 3. —The time and place for the meetings shall be designated by the Chairperson. Section 4. — The first meeting in September of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, review of the inventory report, and other business that may need to come before such meetings. The presentation of the annual report shall be in August of each year. The Commission shall prepare and submit an annual report of its activities, recommendations, and proposals to the City Clerk's office, who shall transmit the document to City Council. Interim reports to City Council may be provided when deemed appropriate or necessary by the Commission, City Council, or the City Manager. In compliance with City Council's Ordinance No. 94-2258, attendance records shall be kept at each meeting of the Commission with a yearly compilation to be submitted with the Commission's Annual Report to the City Council via the City Clerk's Office. Section 5. —The majority of the members present and voting at any duly constituted meeting shall have the full authority of the Commission, provided that a majority of the voting members must be present to constitute a quorum, and thus shall constitute an organizational meeting. Section 6. —All meetings are open to the public. Where allowed by the Freedom of Information Act, the Commission, by majority vote, may go into a closed meeting. Section 7. — Meetings shall be conducted in accordance with procedures prescribed in the by- laws. REVISED 4�n�''�4./2/2026 Section 8. — The following shall be the order of business of the Commission, but the Rules of Order may be suspended and any matters considered or postponed by action of the Commission. Order of Business: — Call to order — Roll call — Minutes — Housekeeping — Agenda Additions — Correspondence/Public Comment — Old Business — New Business — Reports from Staff — Reports from Liaisons — Reports from Subcommittees — Report from Director — Good and Welfare — Adjournment Section 9. — The rules of procedures outlined in Robert's Rules of Order (revised), shall govern the Commission on all occasions in which they are applicable and in which they are not found inconsistent with the by-laws or special rules of the Commission. ARTICLE 6 — Duties and Responsibilities of the Commission Section 1. —The Commission shall make recommendations for approval by City Council. 1) The establishment of a system of supervised recreation for the City; to set apart for use as parks, playgrounds, recreation areas and structures, any lands, water areas, or buildings owned or leased to or controlled by the City and may suggest improvements of such lands or buildings and structures as may be necessary to the recreational program within funds allocated to the Department. 2) The Commission shall assist City Council and the City Manager by appointing subcommittees to study and evaluate certain matters dealing with Parks and Recreation as directed by City Council. Section 2. —The Commission shall advise Council in the acceptance of any grant, gift, bequest, or donation of any personal or real property offered or made available for recreational purposes and which is judged to be of present or possible future use for recreation, parks, or open space. Section 3. —The Commission shall interpret the recreation and park services of the Department to the community and interpret the needs and desires of the community to the Council, City Manager, and Director. Section 4. —The Commission shall determine and establish the general policies to be followed in carrying out the purposes for which the Commission was established. REVISED ^10 4T/2/2026 Section 5. — Financial Duties and Responsibilities — The Commission shall have no authority to enter into any contract or incur any obligation binding the City. 1) The Commission shall assist the Director in the development and preparation of an annual budget for the Department to be submitted to the City Manager and subsequently to City Council, at the time designated by the City Manager. 2) The Commission shall assist the Director in the development and preparation of an annual budget for capital improvements (acquisition and development) in accordance with the plan for parks and recreation for the City. Section 6. — Planning Duties and Responsibilities — The Commission shall investigate and determine the needs and interests of the community for open space, recreation facilities and programs, and recommend open space areas, recreational programs, and facilities to meet these needs and interests. ARTICLE 7 — Duties of Officers and Relationship of the Director of Parks and Recreation Section 1. — Chairperson — The Chairperson shall preside at all meetings, sign official papers, appoint committees, call special meetings when he or she deems it advisable, and perform all such duties as are usually handled by a Chairperson, except when such duties are properly delegated. The Chairperson may succeed himself or herself and shall be elected from the Commission members. Section 2. — Vice-Chairperson — The Vice-Chairperson shall perform all the duties of the Chairperson, in the absence of the Chairperson. The Vice-Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as planned by the Commission. In the absence of both the Chairperson and Vice-Chairperson, the Commission shall elect a Chairperson Pro Tempore who shall perform the duties of the Chairperson. Section 3. —Secretary—The Secretary shall perform the usual duties pertaining to the office. The Secretary shall keep or cause to be kept a full and true permanent record of all meetings of the Commission. This includes regular and special meetings plus reports of standing committees and the Secretary shall be the custodian of all documents committed to his or her care. Section 4. —Director's Relationship—The Director shall have a continuing responsibility to explain the organization, responsibilities, working relationships, and program objectives of the Department of Parks and Recreation to the Commission. The Director of Parks and Recreation shall work closely with the Commission in matters of interest to the Commission, involving the operation of an efficient parks and recreation program in the City of Virginia Beach. The Director is an ex-officio member (by virtue of his/her office) and attends the Commission meetings. The Director keeps the Commission informed concerning the interests, needs, objectives, the progress of plans, and other factors related to Parks and Recreation and considered to be of importance to the Commission. ARTICLE 8 — Reports REVISED 4"024/2/2026 The Commission shall make full and complete reports to the Council at such times as may be requested and at such other times as the Commission may deem proper. ARTICLE 9 —Amendments These by-laws may be amended at any regular meeting of the Commission by a majority of the entire Commission, provided previous notice of the nature of any proposed amendment shall have been given at least one regular meeting before the action thereon shall be taken and upon concurrence of the City Council of the City of Virginia Beach. The Commission's by-laws, rules, and regulations governing its procedure shall not be inconsistent with the provisions of the State laws and the approved ordinances and resolutions as set forth by the Virginia Beach City Council. Nu �vW CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $300,000 of Fund Balance from the Police Federal and State Seized Assets Special Revenue Fund for Various Police Requests MEETING DATE: July 14, 2026 ■ Background: The Police Department requests that City Council approve the use of $300,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items not funded through the VBPD's FY 2026-2027 Operating Budget: ➢ Police Leadership Training - $100,000 ➢ Forensic Services Unit Apprenticeship Training - $10,000 ➢ Software for Investigative Division - $170,000 ➢ Donations - $20,000 Leadership Training. The Leadership funding will be used for opportunities such as the Police Executive Leadership School, FBI LEEDA Institute courses, the Senior Management Institute for Police, or other appropriate leadership courses as they come available for suitable staff. Forensic Services Unit. Due to difficulties in hiring for the Latent Fingerprint Examiner positions, the Forensic Services Unit has been working with Human Resources to form an apprenticeship program. This program would provide internal and external training for selected candidates. This request is funding the Latent Print Examiner Training Experience for two new employees hired under the apprenticeship program. Training will be completed between 6-12 months depending on the activity and progression of the trainees and will cover various aspects of latent print examination. Investigative Division. The Investigative Division is requesting to purchase software that will enhance geolocation analysis and allow investigators to streamline data collection and visualize key evidence. In addition, software that allows data sharing with the Office of the Commonwealth Attorney is requested. This software will eliminate the need for sharing data via external drives. This will be more efficient, faster and more secure. Donations. There are two uses of funds to community based non-profit organizations that are supportive of law enforcement. First, a donation of $15,000 to the Virginia Beach Bar Foundation for its work with the Recovery Court. Recovery Courts are specialized court dockets within the court system offering treatment, monitoring, and supervision in drug related cases. This program reduces recidivism and reduces prison costs. Second, a donation of$5,000 to the National Law Enforcement Officers Memorial Fund in honor of our fallen officers, Christopher Reese and Cameron Girvin. ■ Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, but cannot be used to supplant local funding. Rather, seized asset resources must be above and beyond City funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action, as of June 2026, the unassigned fund balance is around $1.3 million. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance; Disclosure Form (2) Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:/�W 1 AN ORDINANCE TO APPROPRIATE $300,000 OF FUND 2 BALANCE FROM THE POLICE FEDERAL AND STATE 3 SEIZED ASSETS SPECIAL REVENUE FUND FOR 4 VARIOUS POLICE REQUESTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $300,000 is hereby appropriated, with revenues increased accordingly, from 10 the fund balance of the Police Federal & State Seized Assets Special Revenue Fund to 11 the FY 2026-27 Police Department Operating Budget. Of this amount, two donations are 12 authorized. First, $15,000 is to be provided to the Virginia Beach Bar Foundation for 13 support of the Virginia Beach Recovery Court. Second, $5,000 is to be provided to the 14 National Law Enforcement Officers Memorial Fund in honor of our fallen officers, 15 Christopher Reese and Cameron Girvin. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 udget an anagement Services o 1ice CAI 7270 R-1 June 29, 2026 I. PLANNING 1. SHORE DRIVE AREA PROPERTIES, LLC for a Conditional Change of Zoning from PD-H1 Planned Unit Development District to Conditional B-4 (SD) Mixed Use District and a Conditional Use Permit re develop a fifty-two (52) condominium project with a small commercial component at 3853 Shore Drive parcels directly Southeast of 3853 Shore Drive DISTRICT 9 RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH to Rezone R-7.5 Residential District to P-1 Preservation District at vacant parcel on Upton Drive, directly North of 1088 Nimmo Parkway DISTRICT 5 RECOMMENDATION: APPROVAL 3. CRAIG AND APRIL DEAN / CRAIG DEAN for a Conditional Use Permit re short term rental at 404 211t, Unit A DISTRICT 6 RECOMMENDATION: APPROVAL 4. CRAIG AND APRIL DEAN / CRAIG DEARS for a Conditional Use Permit re short term rental at 513 20t" Street DISTRICT 6 RECOMMENDATION: APPROVAL 5. ADARSH JAIN / SHELLS AND PEARLS, LLC for a Conditional Use Permit re short term rental at 511 20t" % Street DISTRICT 6 RECOMMENDATION: APPROVAL 6. AMRISH JAIN / A&A VACATION HOMES, LLC for a Conditional Use Permit re short term rental at 509 201" 2 Street DISTRICT 6 RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,July 14,2026 at 6:00 p.m.in the Council Chamber at City Hail,Building 1,2"Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through Iivestreaming on https://virginiabeach.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either In-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All Interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on July 14,2026. 2. Download WebEx and view the meeting at: https://Vbgov.w_ x.com/weblink/rei!lster/rbba0fe8c692mac 1 79f422655d7faf55 The following requests are scheduled to be heard: Shore Drive Area Properties, LLC (Applicant & Owner) Conditional Rezoning(PD-H1 Planned Unit Development District to Conditional B-4 (SD) Mixed Use District) & Conditional Use Permit (Multi-Family Dwellings)Address:3853 Shore Drive&two vacant parcels directly southeast of 3853 Shore Drive GPINs: 1489286485, 1489289308,1489288247 City Council:District 9(Schulman) City of Virginia Beach(Applicant&Owner)Rezoning(R-7.5 Residential District to P-1 Preservation District)Address:Vacant parcel on Upton Drive,directly north of 1088 Nimmo Parkway GPIN:2414460549 City Council:District 5(Wilson) Craig&April Dean Property Owner:Craig Dean Conditional Use Permit (Short Term Rental) Address: 404 21st Street, Suite A GPIN: 2427085169 City Council:District 6(Remick) Craig&April Dean Property Owner:Craig Dean Conditional Use Permit (Short Term Rental)Address:513 20th Street GPIN:2417979808 City Council:District 6(Remick) Adarsh Jain Property Owner:Shells and Pearls LLC Conditional Use Permit(Short Term Rental)Address:511 20th%Street Drive GPIN: 24179799630004 City Council:District 6(Remick) Amrish Jain Property Owner:A&A Vacation Homes,LLC Conditional Use Permit(Short Term Rental)Address:509 20th 34 Street Drive GPIN: 24179799630003 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 https://virginiabeach.gov/pc.For Information call 757-385-4621. If you require a reasonable accommodatidn for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing Impaired,you can contact Virginia Relay at 711 for TOO service. The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https.,//clerk.virginiabeach.gov/city- council for the most updated meeting information. Amanda Barnes,MMC City Clerk PILOT-JUNE 30,2026&JULY 7,2026-1 TIME EACH SHORE DR �O O SNARE DR N stioRE DR .r 3 W 0 2 W U O PDN�1 BAY DR �',f,, �,✓� CLIPPER O,Q C-2 — cu 4), oR , oR Site Shore Drive Area Properties, LLC Zoning 3853 Shore Drive & two parcels directly ,�, 0 Property Polygons southeast of 3853 Shore Drive S Feet 0 40 80 160 240 320 Mao created by Plannina Department on 6/9/2026 x s 14Vv��. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHORE DRIVE AREA PROPERTIES, LLC [Applicant & Property Owner] Conditional Rezoning (PD-H1 Planned Unit Development District to Conditional B-4(SD) Mixed Use District) & Conditional Use Permit (Multi- family Dwellings) for the property located at 3853 Shore Drive & two parcels directly southeast of 3853 Shore Drive (GPINs 1489286485, 1489289308, 1489288247). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: July 14, 2026 ■ Background: The applicant is requesting a Conditional Rezoning from PD-111 Planned Unit Development District to Conditional B-4 Mixed Use District, along with a Conditional Use Permit for multi-family dwellings, to develop a 52-unit condominium project with a small commercial component on a 2.2-acre site within the Shore Drive Corridor Overlay District. The property is currently developed with a bulk storage yard and two vacant parcels. The proposed development would achieve a density of 23.63 units per acre and feature a building oriented toward the intersection of Shore Drive and Marlin Bay Drive, consisting primarily of five stories with ground-level parking and four residential floors above. The building transitions to three stories adjacent to existing townhomes to provide compatibility with neighboring residential development. A community-oriented retail space of approximately 2,000 to 2,500 square feet is proposed at the intersection of Shore Drive and Marlin Bay Drive. The development will include a mix of two-, three-, and four-bedroom condominium units ranging from approximately 1,200 to 2,430 square feet, each with a private balcony. Resident amenities include shared and private rooftop terraces as well as an on-site pet relief area. Landscaping plans include enhanced streetscape plantings, parking lot and foundation landscaping, a 15-foot landscaped buffer with a privacy fence along the southern property line, and decorative fencing for surface parking areas. The applicant is requesting two deviations from the B-4 (SD) Mixed Use District standards: a 15-foot reduction to the required setback along Clipper Bay Drive and an approximately 8-foot height increase for the rooftop-access stairwell projections near the residential properties to the south. Transportation improvements include a 10-foot-wide multi-use trail along Shore Drive and a 5-foot-wide sidewalk along Marlin Bay Drive, complementing the ongoing Shore Drive Pedestrian Improvements project. The proposal provides 126 parking spaces, exceeding the Shore Drive Area Properties, LLC Page 2 of 6 112 to 114 spaces required by ordinance, and includes seven bicycle parking spaces. Because the site is located within the Shore Drive Corridor Overlay District, the applicant also presented the proposal to the Bayfront Advisory Commission on May 21, 2026, for review and discussion. ■ Considerations: Staff and Planning Commission recommend approval of the applicant's requests to rezone the property from PD-H1 Planned Unit Development to Conditional B-4 Mixed Use District (SD) and for a Conditional Use Permit for a 52-unit condominium development with a small commercial space. The proposal is consistent with the Comprehensive Plan and Shore Drive Corridor objectives by redeveloping an underutilized bulk storage yard and vacant parcels into a neighborhood-serving mixed-use project that enhances the residential character of the corridor. The development includes a thoughtfully designed building that is oriented toward the Shore Drive and Marlin Bay Drive intersection, incorporates a prominent corner feature, and steps down from five stories to three stories adjacent to existing townhomes to improve compatibility with surrounding residential uses. The project also provides private balconies, rooftop amenities, extensive landscaping, buffering, and screening to minimize impacts on neighboring properties. Staff and the Planning Commission find the project supports multimodal transportation goals through the addition of a multi-use trail, sidewalks, internal pedestrian connections, bicycle parking, and the elimination of direct vehicular access to Shore Drive. Parking exceeds ordinance requirements, and the proposal is expected to have only a modest traffic impact relative to existing corridor traffic volumes. School, fire, and infrastructure reviews identified no significant concerns. The requested setback and height deviations are supported because they are limited in scope, necessary for the building design, and are not expected to create adverse impacts on adjacent properties. The proposal still offers a 15-foot setback along Clipper Bay Drive, and the height deviation is strictly related to the stairwell projections, with the primary roofline meeting the 35-foot maximum height requirement when within 100 feet of a residential property. The project is also generally consistent with the intent of the Shore Drive Corridor Design Guidelines. Overall, the proposal advances key planning objectives, improves land use compatibility, and represents a high-quality redevelopment opportunity for the Shore Drive Corridor. The applicant received support from the Bayfront Advisory Commission (BAC) contingent upon several recommendations to include, reducing the corner building height by at least 10 feet, increasing horizontal architectural articulation to reduce the perceived building mass, exploring permeable paving materials for stormwater management, providing an on-site pet relief station, and addressing potential undesirable commercial uses. The applicant has since provided revised Shore Drive Area Properties, LLC Page 3 of 6 renderings to address these comments and has revised the elevations and proffers based on feedback from BAC. Staff received 2 letters of support, 3 letters of concern, and 51 letters of opposition regarding the application. At the public hearing, one neutral speaker provided comments, two speakers expressed support, citing the project's contribution to long-term community investment and stability, aesthetic and economic benefits, improved stormwater management, and the incorporation of native species in the landscaping. Seven speakers spoke in opposition, raising concerns about building height, environmental impacts, increased traffic, overflow parking in surrounding neighborhoods, and potential flooding. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 1 with 1 abstention. Conditional Rezoning Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL SITE DEVELOPMENT PLAN", prepared by Timmons Group dated May 12, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council"), is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department") and is included herein by this reference. Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 2 The architectural design, appearance and exterior building materials of the building to be built on the Property shall be substantially compatible with the architectural design, appearance and exterior building materials depicted on the building renderings entitled "SHORE DRIVE CONDOMINIUM PROJECT REVISED CONCEPTUAL RENDERINGS", dated Decerbe1°;202o June 30, 2026, prepared by Cox, Kliewer & Company, P.C. and the building elevations entitled "SHORE DRIVE CONDOMINIUM PROJECT MATERIAL SAMPLE ELEVATION", dated Jaeuae¢28June 30, 2026, prepared by Cox, Kliewer & Company, P.C., which have been exhibited to City Council, are on file with the Planning Department and are included herein by this reference. Shore Drive Area Properties, LLC Page 4 of 6 Proffer 3 The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL LANDSCAPE PLAN" prepared by Timmons Group dated May 12, 2026 ("Landscape Plan"), which has been exhibited to City Council, is on file with the Planning Department and is included herein by this reference. Significant changes to the Landscape Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 4 All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 5 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 6 A designated pet relief area will be provided on the Property for residents. Proffer 7 Prior to final site plan approval, GRANTOR will convey to GRANTEE a public access easement for portions of the multi-use trail along Shore Drive that are located outside the existing public right-of-way. Proffer 8 The following uses will be prohibited on the Property whether by right or with a conditional use permit: bars and nightclubs; liquor stores and the sale of vape products. Proffer 9 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. Shore Drive Area Properties, LLC Page 5 of 6 Conditional Use Permit 1. There shall be a 15-foot setback for portions of the building and associated balconies along Clipper Bay Drive. This 15-foot setback is a deviation from the 30-foot setback required by the City Zoning Ordinance. 2. There shall be an approximate 8-foot increase (43 feet in height) above the maximum permitted height within 100 feet of a residential dwelling solely to accommodate localized stairwell projections that provide rooftop access at the southern end of the building. This 43-foot height is a deviation from the 35-foot height maximum required by the City Zoning Ordinance. 3. The site shall be developed in substantial conformance to the conceptual site plan entitled " SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL SITE DEVELOPMENT PLAN", prepared by Timmons Group, dated May 12, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. The site shall be developed in substantial conformance to the conceptual landscape plan entitled "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL LANDSCAPE PLAN", prepared by Timmons Group, dated May 12, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 5. The architectural design, appearance and exterior building materials of the building shall be developed in substantial conformance to the building renderings entitled "SHORE DRIVE CONDOMINIUM PROJECT REVISED CONCEPTUAL RENDERINGS", dated DeGe ber 19 2025 June 30, 2026, prepared by Cox, Kliewer & Company, P.C. and the building elevations entitled "SHORE DRIVE CONDOMINIUM PROJECT MATERIAL SAMPLE ELEVATION", dated january 28 June 30, 2026, prepared by Cox, Kliewer & Company, P.C., which have been exhibited to City Council, are on file with the Planning Department and are included herein by this reference. 6. An eight-foot-tall privacy fence shall be installed and maintained along the southern property line. The fence shall be constructed of a wood-like, low- maintenance material and finished in an earthtone color, as depicted on the building renderings referenced in Condition 5. 7. 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. Shore Drive Area Properties, LLC Page 6 of 6 8. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval during the final site plan review. 9. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter(s) of Support (2) Letter(s) of Concern (3) Letter(s) of Opposition (51) Revised Building Renderings entitled "SHORE DRIVE CONDOMINIUM PROJECT REVISED CONCEPTUAL RENDERINGS", dated June 30, 2026 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r `� Submitting Department/Agency: Planning Department City Manager: to Agenda I Applicant & Property Owner: Shore Drive Area Properties, LLC Planning Commission • • • VB City • • Project Details Request Conditional Rezoning (PD-H1 Planned Unit U p w� ? Development District to Conditional B-4 (SD) Mixed �pQ SURRy 3e � yWAV� '°Pf�'5190} P SIP ,NOOK Q JEFf ER50N gt VC �P Use District) O� p P 09kS 49� O�c. ,<. PN°F Conditional Use Permit (Multi-family Dwellings) ��" °RAP °R°3P SuRyRo G Staff Recommendation wtir�oO �P° y P,w v ON° Av,un a viNrAc eP P WOOO�'A cSNPs m°� �syn Or POtNrE PL o Approval a StA Staff Planner o 9F Q c SHORE OR �P A V°P ORO Marchelle Coleman o o °�cuPRea�P RO Location R P W Z My rep 3853 Shore Drive &two parcels directly southeast " °` °,R¢ It: of 3853 Shore Drive — . GPINs m 1489286485, 1489289308, 1489288247 Site Size M ° 2.2 acres AICUZ Less than 65 dB DNL Wa tershed �N o Chesapeake Bay SHORE•dR Q� 0 v�'.t •Ham"`. ., Existing Land Use and Zoning District o Wi Bulk Storage Yard / PD-H1 Planned Unit - ~' Development �' Surrounding Land Uses and Zoning DistrictsIN r cLi BAYR Niiflil :OA7 R" ' r Shore Drive �q.Q��• how �+ Townhomes/A-18 Apartment dR South '' Townhomes/ PD-H1 Planned Unit Development .. Clipper Bay Drive Boat sales and repair establishment/ B-2 Community Business West Marlin Bay Drive Pleasure House Point/ P-1 Preservation Shore Drive Area Properties, LLC Agenda Items 13 &14 page 1 of 28 Background & Summary of Proposal • The applicant is requesting a Conditional Rezoning from PD-H1 Planned Unit Development District to Conditional B-4 Mixed Use District and a Conditional Use Permit for Multi-family dwellings to develop a 52- unit multi-family residential development with a commercial space, resulting in an overall density of 23.63 units per acre. • The 2.2-acre site, located within the Shore Drive Corridor Overlay District, is currently developed with a bulk storage yard and includes two additional vacant parcels. • As depicted on the proffered conceptual site plan, the building will be oriented towards the intersection of Shore Drive and Marlin Bay Drive. The main portion of the building will be five stories tall, consisting of four residential floors over ground-level parking. The building height will decrease to three stories where it is adjacent to the existing townhomes. A 2,000 to 2,500 square foot community-oriented retail space is proposed at the corner of the building adjacent to the intersection of Shore Drive and Marlin Bay Drive. • The development will offer a mix of two-, three-, and four-bedroom condominium residential units ranging in size from approximately 1,200 to 2,430 square feet. Each unit will include a private outdoor balcony designed as a single-story exterior amenity space. • Multiple rooftop amenity areas are designed for residents to enjoy. A shared rooftop deck located atop the five-story portion of the building will serve as a common outdoor gathering space accessible to all residents. An additional rooftop terrace situated above the three-story portion of the building will provide more private outdoor space and will be limited to residents of the adjoining or directly connected units. The project will also incorporate an on-site pet relief area for residents' convenience. • The proposed building materials will consist of light-colored fiber cement siding, architectural masonry block, simulated wood vertical plank siding in brown and dark earth tones, with light and dark colored metal accents, balconies with dark colored prefinished aluminum railings and glass infill panels, and vinyl windows and sliding patio doors with dark exterior trim. • As shown on the conceptual landscape plan, the applicant will provide streetscape plantings along Shore Drive and Marlin Bay Drive, as well as interior parking lot and building foundation plantings. A 15-foot wide buffer with Category IV landscape screening and an eight-foot-tall wood-look privacy fence in an earthtone color will be provided along the southern property line. Additionally, all surface parking will be located behind a four-foot-tall decorative fence with landscaping. The proposed landscaping appears to meet the standards of the Zoning and Site Plan Ordinances; however, a more detailed review of all screening and planting requirements will occur during final site plan review. • The applicant is requesting approval of two deviations from the dimensional requirements of the B-4 (SD) Mixed Use District. The first request is for a 15-foot reduction to the required 30-foot setback for portions of the building and associated balconies along Clipper Bay Drive. The second request involves an approximate 8-foot increase over the maximum permitted building height within 100 feet of a residential Shore Drive Area Properties, LLC Agenda Items 13 &14 page 2 of 28 dwelling to accommodate stairwell projections that provide rooftop access at the southern end of the building. While these stairwell elements will reach an approximate height of 43 feet, the primary height for this portion of the building is approximately 33.5 feet, which is within the 35-foot maximum required by the Ordinance. Accordingly, the applicant seeks approval of the setback and height deviations pursuant to Section 221(i) of the Zoning Ordinance. • Right-of-way improvements are proposed in accordance with the proffered conceptual plans and include a 10-foot-wide multi-use trail along Shore Drive and a 5-foot-wide sidewalk proposed along Marlin Bay Drive, consistent with the recommendations of the Public Works Design Standards Manual. In addition, the Shore Drive Pedestrian Improvements project is currently under construction along the frontage of the subject property, which includes the installation of curb and gutter and a new 5-foot-wide sidewalk within the public right-of-way. Completion of these improvements is anticipated by September 2026. • Per Section 203 of the Zoning Ordinance, multi-family dwellings require 2 spaces per dwelling unit for the first 50 units located on a zoning lot and 1.75 spaces per dwelling unit for all units in excess of 50 units, and retail establishments require 1 space per 250 square feet of floor area. The proposed 52 multi-family dwellings require 104 parking spaces, and the proposed 2,000 to 2,500 square foot commercial space requires 8 to 10 parking spaces for a total of 112 to 114 required spaces. The conceptual plan depicts 126 parking spaces, thereby satisfying the parking requirement. Additionally, as required by Section 203(b)(12) of the Zoning Ordinance, seven bicycle parking spaces are required and provided to accommodate both residents and visitors, as depicted on the proffered conceptual site plan. • Since the property is located within the Shore Drive Corridor Overlay District, the applicant appeared before the Bayfront Advisory Commission (BAC) on May 21, 2026, to brief the commission on the proposal. More detailed information regarding this meeting is provided in the evaluation section of this report. Shore Drive Area Properties, LLC Agenda Items 13 &14 page 3 of 28 • •ry # Request L'T 3 A18(SD)(PDH2) o sno 1 REZ (PD-H1 to P-1 Preservation) Approved B2(SD) o cn -'" 11/27/2012 ---.-.. `�o v oRE DR v m �< p - CRZ (13-2 to Conditional B-4) Approved A v� 07/01/2003 82 SD W 2 CUP (Multiple-Family Dwellings and Office ( ) y� Space) Approved 07/01/2003 PpH� CLIPPER 3 REZ (B-2 & P-1 to A-18 (PDH2) Approved 1 PDH1'(SD,) BAY DR 04/28/1998 4 REZ Approved 11/23/1987 6- 0��` ' 6gyAR 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 • . . • These requests for a Conditional Rezoning from PD-H1 Planned Unit Development district to Conditional B-4 Mixed Use District (SD) and a Conditional Use Permit for Multi-family dwellings to develop a 52-unit multi- family residential development with a commercial space are, in Staff's opinion, acceptable. The requested Conditional Rezoning to Conditional B-4 (SD) Mixed-Use District and the associated Conditional Use Permit for Multi-family dwellings are recommended for approval by staff based on the project's consistency with adopted land use policies, its redevelopment of an underutilized site, and its generally appropriate compatibility with the surrounding Shore Drive Corridor Overlay District. Ultimately, the proposed redevelopment replaces a bulk storage yard and vacant parcels with a thoughtfully designed 52-unit condominium development and approximately 2,000 to 2,500 square feet of community- oriented retail. This transition represents a clear improvement in land use compatibility and is consistent with the Comprehensive Plan and Shore Drive Corridor objectives that encourage the reuse of aging commercial properties, support neighborhood-serving mixed-use development, and enhance the corridor's identity as a residential community rather than a destination-oriented commercial area. The inclusion of small-scale, Shore Drive Area Properties, LLC Agenda Items 13 &14 page 4 of 28 corner-oriented retail further supports the daily needs of nearby residents and contributes to a more active and walkable street environment. The proposed site design demonstrates strong planning principles through its orientation of the building toward the Shore Drive and Marlin Bay Drive intersection, incorporation of a defined corner feature, and step- down in building height from five stories to three stories adjacent to the existing townhomes.These elements reflect sensitivity to surrounding residential uses and align with guidance that encourages compatible transitions in scale, particularly adjacent to established neighborhoods. The proposed unit mix, private balconies, and rooftop amenity areas further support a residential character appropriate for the corridor. Staff also finds the proposal generally consistent with mobility and multimodal objectives. The inclusion of a 10-foot-wide multi-use trail along Shore Drive, sidewalk along Marlin Bay Drive, and coordination with the ongoing Shore Drive Pedestrian Improvements project advance long-term goals for a continuous pedestrian network within the corridor. The project's commitment to internal pedestrian connectivity between the public sidewalk, trail system, building entrance, and retail corner helps ensure that pedestrian access is prioritized and integrated into the overall site design. Additionally, the elimination of direct vehicular access to Shore Drive improves traffic safety and supports corridor function. Parking and bicycle accommodations meet and exceed zoning requirements, and the provision of bicycle parking further supports multimodal transportation goals. Additionally, the project incorporates meaningful buffering and screening measures that further support compatibility with adjacent residential uses. Enhanced landscaping, a IS-foot-wide buffer with privacy fencing along the southern property line, and screening of surface parking areas help reduce visual impacts and reinforce separation from neighboring townhomes. These measures are consistent with Shore Drive Corridor Design guidelines, which recommends strong landscape edges and minimizing parking visibility from the public rights-of-way. As previously discussed, the applicant is requesting two deviations from the dimensional requirements of the B-4 (SD) Mixed Use District: (1) a 15-foot reduction to the required 30-foot setback for portions of the building and associated balconies along Clipper Bay Drive, and (2) an approximate 8-foot increase above the maximum permitted height within 100 feet of a residential dwelling to accommodate localized stairwell projections that provide rooftop access at the southern end of the building. Although these stairwell elements reach an approximate height of 43 feet, the primary roofline for this portion of the structure remains significantly lower at approximately 33.5 feet, which is within the 35-foot maximum building height established by the Ordinance. Section 221(i) of the Zoning Ordinance authorizes the City Council to approve such deviations when good cause is demonstrated, and no significant adverse impact on surrounding properties is expected. Staff supports the requested deviations as they are limited in scope,functionally necessary, and carefully integrated into the overall building design. The setback reduction is applied to minor portions of the building and balconies and does not materially alter the building's overall massing, while the requested height increase is isolated to rooftop access stair enclosures and does not reflect an increase in the principal habitable building height. Importantly, both deviations are offset by the project's broader design approach, which includes step-down massing toward adjacent residential uses, architectural articulation, and enhanced landscaping and buffering Shore Drive Area Properties, LLC Agenda Items 13 &14 page 5 of 28 along property edges. Accordingly, staff finds that good cause has been demonstrated for both deviations and that they can be supported as part of the overall redevelopment plan without resulting in significant adverse effects to adjacent properties or the surrounding corridor context. From a design perspective, the proposed building generally reflects the intent of the Shore Drive Corridor Design Guidelines and demonstrates numerous positive architectural and site planning elements consistent with those principles. These include a well-defined corner treatment at Shore Drive and Marlin Bay Drive, articulated building facades, incorporation of a mix of materials, a clearly defined primary entrance, and a step-down in building height toward adjacent residential properties. Collectively, these features indicate a design approach that is responsive to key corridor objectives. However, it is important to note that the Shore Drive Corridor Design Guidelines are intended to function as guiding principles rather than strict regulatory requirements. They are used to inform the design review process and evaluate whether a proposal is generally consistent with the desired character of the corridor, but they do not constitute mandatory standards that must be met in all respects. As such, conformance is appropriately considered in terms of overall intent and design response rather than strict compliance with each individual guideline. Overall, staff finds the project to be generally consistent with the intent of the Shore Drive Corridor Design Guidelines. Traffic Engineering evaluated the proposed redevelopment and determined that the project would generate an estimated 460 average daily trips (ADT), based on the proposed mix of 52 multi-family residential units and a commercial retail use. As stated previously, the site is currently developed as a bulk storage yard, which generates negligible daily traffic volumes. Shore Drive, adjacent to the subject property, currently carries approximately 40,500 ADT and operates above its estimated capacity of 36,900 ADT at a Level of Service (LOS) "D" Shore Drive is classified in the Master Transportation Plan as a four-lane divided major urban arterial, with future plans ultimately envisioning a six-lane facility within a 150-foot right-of-way. Several transportation and pedestrian infrastructure improvements are planned or underway within the corridor. The Shore Drive Pedestrian Improvements project, currently under construction along the frontage of the site, includes curb and gutter improvements and installation of a new 5-foot sidewalk within the public right-of-way, with completion anticipated in September 2026. Additionally, the Shore Drive Corridor Improvements— Phase IV project is proposed to extend from Marlin Bay Drive to the western end of the Lesner Bridge and is intended to improve vehicular operations, pedestrian and bicycle connectivity, drainage infrastructure, and corridor aesthetics through the addition of multi-use trails, sidewalks, bike lanes, landscaping, and lighting enhancements. This project is currently in the Preliminary Engineering Report phase, with construction anticipated to begin in 2032. The preliminary design identifies a potential stormwater pump station on the northern portion of the property, which may require future coordination with the proposed development. Access to the site will be provided from Marlin Bay Drive, a two-lane divided local street for which no current traffic counts are available. No roadway improvements are currently planned for Marlin Bay Drive. Overall, Traffic Engineering finds the projected trip generation associated with the redevelopment to be relatively modest given the existing traffic volumes along Shore Drive and recognizes that ongoing and planned corridor improvements will continue to enhance multimodal connectivity and transportation infrastructure within the area. Shore Drive Area Properties, LLC Agenda Items 13 &14 page 6 of 28 Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the acceptable threshold for increases in student population. Based on this, the proposal is not expected to negatively impact the current student enrollment. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office and no concerns were raised with the proposed layout or circulation. Further review will be conducted during the final site plan review process. This site is located within the Chesapeake Bay Watershed; therefore, a preliminary stormwater analysis was not required prior to review by the Planning Commission and City Council. According to the applicant, stormwater will be managed underground, as no BMP or above-ground stormwater management facility is proposed for this development. A comprehensive review of the stormwater management strategy will be conducted during the site plan review process to ensure compliance with all applicable stormwater regulations and to confirm that the project will not cause adverse flooding impacts upstream or downstream. The applicant presented their development proposal, including sharing the concept site plan, as well as the building elevations and renderings, to the Bayfront Advisory Commission on May 21, 2026. The Bayfront Advisory Commission voted to support the application contingent upon several recommendations, including reducing the building height at the corner of Shore Drive and Marlin Bay by a minimum of 10 feet; revising the building elevations to reduce the perceived scale through greater horizontal articulation rather than the current vertical emphasis; evaluating the use of permeable materials to enhance stormwater management and minimize community impacts; providing a pet relief station; addressing unwanted uses; and establishing operational and management standards for the commercial space. Overall, staff finds the proposal to be a well-planned development that advances key Comprehensive Plan objectives for the Shore Drive Corridor, including redevelopment of underutilized properties, promotion of neighborhood-serving mixed-use development, improved pedestrian connectivity, and enhanced design quality. The project appropriately balances increased residential density with thoughtful transitions, buffering, and design elements that maintain compatibility with adjacent residential uses. Based on the considerations above, Staff recommends approval of this request, subject to the proffers and conditions listed below. �- � Shore Drive Area Properties, LLC Agenda Items 13 &14 page 7 of 28 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 "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL SITE DEVELOPMENT PLAN", prepared by Timmons Group dated May 12, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department") and is included herein by this reference. Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 2 The architectural design, appearance and exterior building materials of the building to be built on the Property shall be substantially compatible with the architectural design, appearance and exterior building materials depicted on the building renderings entitled "SHORE DRIVE CONDOMINIUM PROJECT REVISED CONCEPTUAL RENDERINGS", dated Deep'mher 19 2925 June 30, 2026, prepared by Cox, Kliewer & Company, P.C. and the building elevation-,entitled "SHORE DRIVE CONDOMINIUM PROJECT MATERIAL SAMPLE ELEVATION", dated :laa June 30, 2026, prepared by Cox, Kliewer & Company, P.C., which have been exhibited to City Council, are on file with the Planning Department and are included herein by this reference. Proffer 3 The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL LANDSCAPE PLAN" prepared by Timmons Group dated May 12, 2026 ("Landscape Plan"), which has been exhibited to City Council, is on file with the Planning Department and is included herein by this reference. Significant changes to the Landscape Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 4 All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 5 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 6 Shore Drive Area Properties, LLC Agenda Items 13 &14 page 8 of 28 A designated pet relief area will be provided on the Property for residents. Proffer 7 Prior to final site plan approval, GRANTOR will convey to GRANTEE a public access easement for portions of the multi-use trail along Shore Drive that are located outside the existing public right-of-way. Proffer 8 The following uses will be prohibited on the Property whether by right or with a conditional use permit: bars and nightclubs; liquor stores and the sale of vape products. Proffer 9 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. 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 In • • The Comprehensive Plan identifies this site as being in Suburban Focus Area 1—Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges.The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses that support the neighborhoods, and passive recreational and tourism activities. Similar to all the Suburban Areas in the City, the character of the established neighborhoods along the Corridor must be preserved and protected. Though revitalization and reuse of existing commercial properties in the Corridor is encouraged, one must be mindful of the land use compatibility and avoidance of over- commercialization to ensure that resort-based uses complement rather than dominate the Corridor. Future residential uses should strive to achieve the lowest reasonable density to be compatible with the existing neighborhood residential density. (Shore Drive Corridor Plan (2000)) This site is located within the Mixed Zone of Shore Drive Corridor, which generally suggests an area for a mix of residential and commercial uses, while being compatible with surrounding neighborhood through careful site design, landscaping, screening, and a softer transition in character along Shore Drive Corridor, especially given the site's proximity to the Green Zone. However, the portion of the south side of Shore Drive is characterized primarily by commercial uses and natural areas rather than a traditional residential pattern, including within the adjacent Green Zone, which is generally envisioned for low-density residential development(Shore Drive Corridor Design Guidelines(2002)). Planning policies that apply to this request include improving the land use compatibilities, avoiding over- commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. Shore Drive Area Properties, LLC Agenda Items 13 &14 page 9 of 28 Recommended Conditions 1. There shall be a 15-foot setback for portions of the building and associated balconies along Clipper Bay Drive. This 15-foot setback is a deviation from the 30-foot setback required by the City Zoning Ordinance. 2. There shall be an approximate 8-foot increase (43 feet in height) above the maximum permitted height within 100 feet of a residential dwelling solely to accommodate localized stairwell projections that provide rooftop access at the southern end of the building. This 43-foot height is a deviation from the 35-foot height maximum required by the City Zoning Ordinance. 3. The site shall be developed in substantial conformance to the conceptual site plan entitled " SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL SITE DEVELOPMENT PLAN", prepared by Timmons Group, dated May 12, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. The site shall be developed in substantial conformance to the conceptual landscape plan entitled "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL LANDSCAPE PLAN", prepared by Timmons Group, dated May 12, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 5. The architectural design, appearance and exterior building materials of the building shall be developed in substantial conformance to the building renderings entitled "SHORE DRIVE CONDOMINIUM PROJECT REVISED CONCEPTUAL RENDERINGS", dated '° 2Q29 June 30, 2026, prepared by Cox, Kliewer & Company, P.C. and the building elevations entitled "SHORE DRIVE CONDOMINIUM PROJECT MATERIAL SAMPLE ELEVATION", dated jaRuaFy-28 June 30, 2026, prepared by Cox, Kliewer & Company, P.C., which have been exhibited to City Council, are on file with the Planning Department and are included herein by this reference. 6. An eight-foot-tall privacy fence shall be installed and maintained along the southern property line.The fence shall be constructed of a wood-like, low-maintenance material and finished in an earthtone color, as depicted on the building renderings referenced in Condition 5. 7. 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. 8. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. A Photometric Lighting Plan shall be submitted for review and approval during the final site plan review. 9. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All Shore Drive Area Properties, LLC Agenda Items 13 &14 page 10 of 28 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. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. The site is also located in the AE and X Flood Zones with a Base Flood Elevation of 7 feet. 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 Shore Drive 40,500 ADT' 36,900 ADT 1(LOS 4 "D") Existing Land Use Z-0 ADT Proposed Land Use 3-460 ADT 1 Average Daily Trips 'As defined by a Bulk 'As defined by 52 4LOS = Level of Storage Yard multi-family units and Service retail Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Shore Drive in the vicinity of this application is considered a four-lane divided major urban arterial.The Master Transportation Plan proposes a six-lane facility within a 150-foot right-of-way. The Shore Drive Pedestrian Improvements project is now under construction along the frontage of this site. This project will add curb and gutter and a 5-foot-wide sidewalk in the right-of-way. Construction is scheduled to be completed in September 2026. Shore Drive Area Properties, LLC Agenda Items 13 &14 page 11 of 28 The Shore Drive Corridor Improvements-Phase IV project begins at the Marlin Bay Drive intersection and ends at the west end of the Lesner Bridge.This project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections; improve storm drainage; include a multi-use trail, 5-foot-wide sidewalk and on-street bike lanes; and enhance the corridor with aesthetic elements such as landscaping and lighting. It will include improvements at the East Stratford Road intersection. The project is currently in the Preliminary Engineering Report (PER) phase, and construction is scheduled to begin in 2032. The PER identifies a proposed stormwater pump station within the northern portion of the property in an area that may affect the proposed development. However, the pump station location shown is conceptual and remains under evaluation as part of the ongoing design process, which includes consideration of surrounding properties and alternative siting options. As such, the final design and location of the pump station have not yet been determined. Marlin Bay Drive is a two-lane, divided local street. There are no traffic counts available for this roadway and there are currently no plans to improve this roadway. Active Transportation Plan(ATP) The Active Transportation Plan calls for a shared-use path with a minimum width of 11 feet. Public Utility Impacts Wa ter There is an existing 16-inch City water transmission main along Shore Drive and an existing 8-inch City water main along Marlin Bay Drive. The site must connect to City water. Sewer There is an existing 18-inch HRSD sanitary sewer force main along Shore Drive and an existing 8-inch City sanitary sewer gravity main along Ocean Tides Drive and Clipper Bay Drive. The site must connect to City sewer. Sanitary sewer pump station #308 has capacity for the proposed 52 condo units. Extension of the City sanitary sewer gravity main to the site will be required from the existing sanitary sewer on Ocean Tides Drive. Public Utilities review will be necessary for the extension. School • . School Current Capacity Generation' Change2 Enrollment Thoroughgood Elementary 726 students 709 students 7 students 7 students Great Neck Middle 1,060 students 1,103 students 4 students 4 students Cox High 1,586 students 1,743 students 5 students 5 students 1 "Generation" represents the number of students the development will add to the school. Shore Drive Area Properties, LLC Agenda Items 13 &14 page 12 of 28 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 • Over the past two years, the applicant has participated in more than 30 meetings with community members, civic leagues, neighborhood organizations, City staff, and stakeholder groups, including the Ocean Park Civic League, Aeries on the Bay Civic League, Baylake Pines Civic League, Chesapeake Beach Civic League, and the Bayfront Advisory Commission. These meetings were conducted to present the proposed development, gather community feedback, and facilitate ongoing dialogue regarding the project. Input received throughout this outreach process contributed to several modifications to the proposal, including reductions in overall density and refinements to the site design, architectural character, and project features. This extensive public engagement process has helped shape a project that is more responsive to the character and priorities of the Shore Drive Corridor community. • As of June 2, 2026, Staff has received 16 letters of opposition expressing concerns related to building height, potential environmental impacts, increased traffic and associated safety issues, the potential contribution to vacant housing in the area, overflow parking into surrounding neighborhoods, and potential flooding impacts. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 25, 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 June 4, 2026. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, June 30, 2026 and July 7, 2026. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 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 July 10, 2026. Shore Drive Area Properties, LLC Agenda Items 13 &14 page 13 of 28 10'MULTI-USE TRAIL- 1 REQUEST VARIANCE--� TO REDUCE SETBACK FROM 30'TO 15' 0 PROPOSED PEDESTRIAN /� CZ 1 p p 4'DECORATIVE FENCE EASEMENT 8'PRIVACY FENCE s u OUTDOOR ` \\ BAY D R I V E WOOD-LIKE,LOW SEATING AREA '� I MAINTENANCE) w - ! CATEGORY iV S RAISED -- {SCULPTURE PAD 1 BUFFER-LANDSCAPE.= _ I SEAT WALL f tiy7 ... r n _ EXISTING p PLANT BED _ �� � 7' '�. BICYCLE PARKING COMMERCIAL -6, MONUMENT PROJECT DATA: SIGN --.: 'E PREP :2.2 AC SITECOVERAGEALL0ma 75%(71,474 SF! SDE COVERAGE PROPOSED e2,2%(59,658 SF; S NUMBER OF UNRS. 57 / GRNS 1lIR]1WR50000 (D �4'DECORATIVE 5'SIDEWALK JI /89Mt2I1247 FENCE EX6MGZ WNG "10 12, <' MARLIN DRIVE PROPOEDZN PRovIDEo wwRKRRc. tee D (D I TOTAL REOVIRED PARI(ING 112 D PET RELIEF AREA, RICS'QEPMKINGREDVIRED 7 (D —{ RICYCIE PARKING PROVIDED 7 :3 lD LOCATION TO BE RESIDENIIAI I" FINALIZED """ncancE 2S°5F' f'D 0 3 SHORE DRIVE CONDOMINIUM PROJECT '•• N � TIMMONS GROUP 0 w N CONCEPTUAL DEVELOPMENT PLAN-May 12, 2026 - WWW.nMMONS.COM -'' 20 r tv N r 00 n ,;,' 'w�� il. k*' �> 'Ay `' ' rip ,, • o a:xy A C4 • � ,� 1ppFR BAY DRIVE ' CATEGORY IV LANDSCAPE r _ I CONCEPT PLANT SCHEDULE - LARGE CANOPY TREE gg UPRIGHT EVERGREEN SHRUB 0 pu.mn pMba'WAowN Nxun aY.Wi'�...dr _ _ __ � Owcn lirn SwMn.ed f1Y Lgnvun Yc:lq-a�m `�-----... MEDIUM SHADE TREE BACKGROUND EVERGREEN SHRUB N+aep�rihb'Y�'eN�Fln `Irv..nluvwwu Zbf�u'ILbICAxry Wd � Maad.�egv.ra/Ss.nbq lYpni. H.wb Nbmy Ndy ACCENT TREE FLOWERING SHRUB A R l N BAY D R I V E D D b .� ram- eryRda dl 5VERGREEN TREE LOW EVERGREEN SHRUB Q ...uw:tedaN Rn �Rtruyaun wb.'�Mwlnadwf ipwrfRnxpoaun _ 00 v) � SHORE DRIVE CONDOMINIUM PROJECT o w �° CONCEPTUAL LANDSCAPE PLAN-May 12,2026 — TIMMONS GROUP go r N F- r- 00 4�::- n Proposed Building Renderings l a Fm DO Y�� o w�2zz f v�033 lam lam R m Cw0 O�x ., jG ryZm ' ■ � au ia3� �d zam iq2 A a :5f 24 WOMI law, oz ■ w Iffm lam _ 0 0 v ro Proposed Building Renderings 7 W W v� O z OC � O Z oo� O >z s J • • i Proposed Building Renderings t t} n fi e , t, a I t I , 4 f E !, Shore Drive Area Properties, LLC Agenda Items 13 &14 page 18 of 28 Proposed Building Renderings sA t r i .. I r r� F Proposed Building Renderings SALA IIIII 4 111 rc 4 i� �e i Shore Drive Area Properties, LLC Agenda Items 13 &14 page 20 of 28 Proposed Building Renderings 40 llillllllll •7T1'E .l�4�;ikF � � Proposed Building Renderings / 4a A ■L 5 R j vm W �n 0 Z LU , G O z I c:>I �I W O x , Cie 0 Z p O< > /. Z*; N V µ Site Photos tl - tI l s 2 �W ;, t ,� •:, a '., a,,.. rT. fig' a"^.-�. eR�''('�^1✓ �`{B' f ilk. n',�e! K. o. 9W r .s N� ,�� * =� � � a�'� ,;`yam s• •'� �� —c�,.� ��'� � •5r,�;+ s-+.:z�7.E w. Site Photos .t 0 �'All MINE i TM Of 0 �r F ,i c a r s i i, R � R Shore Drive Area Properties, LLC Agenda Items 13 &14 page 24 of 28 Disclosure DisclosureCITY OF ■ RGINIA Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Shore Drive Area Properties, LLC Is Applicant also the Owner of the subject property? Yes • Noo if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes NoO If yes,name Representative: Lisa Murphy,Wilcox&Savage, P.C. 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.) F Wayne McLeskey,Jr QTIP Marital Trust FBO Cheryl McLeskey See Attachment 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 No0• If yes,name the official or employee,and describe the nature of their interest. F - APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the 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, i cross-collateralization,etc.) 0 O Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Shore Drive Area Properties, LLC Agenda Items 13 &14 page 2S of 28 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Forvis Mazars,LLP Architect/Designer/Landscape O 0 Cox,Kliewer&Company,P.C. Architect/Land Planner Construction Contractor © 0 Engineer/Surveyor/Agent 0 1 0 Timmons Group O 0 -AYepny,Wdwx&SwOM P C Katlayn P McWM,Wmq Alper.Ha wwd 6 Akl*m P C 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. Applicant Na a(Print) Appli n ignat a 6ate 1"Parent-subsidiary relationship"means"a reloti ship that exists when one corporation directly or indirectly owns shares possessing more than 50 ercent 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,f ii) a controlling owner in one entity is also a controlling owner in the other entity,or flit)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act,Va.Code§2.2-3101, FOR CITY USE ONLY: No changes as of(date): 6/30/2026 L � 6/302026 Marchelle L. Colemanle- / Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Shore Drive Area Properties, LLC Agenda Items 13 &14 page 26 of 28 Disclosure Statement 3/24/2026 2 33 PM Shore Drive Area Properties,LLC Listing of businesses that have a parent-subsidiary or affiliated business entity relationship with Applicant Entity Name Washington Square Townhouses,LLC Bel-Aire LLC Virginia Beach Fishing Center,LLC FWM Residential Rental Properties,LLC 2859 VBB,LLC Elizabeth City Development Company LLC Elizabeth City Airport Industrial Park,Inc. LDSM Properties LLC Mortons Baye LLC J&W Investors,LLC Radcliffe Townhouses,LLC Cepco LLC COLONY PINES APARTMENTS,LLC Coastal Investors LLC Norfolk-Virginia Beach Airport LLC 2648 VBB,LLC Lynnhaven Shopping Center,LLC(dba Market Square) Riverwalk LLC Newtown Convenience Center,LLC Front Street Investors LLC MGM Associates Furberfax,LLC Air Taco,LLC 103,LLC Croupier LLC Air Walker LLC Bayliner Building,LLC Little Neck Commercial Property,LLC McLeskey&Associates,LLC Lynnhaven Area Properties,LLC Little Creek Road Properties,LLC Rudee Heights Properties,LLC Southside Waterfront Properties LLC F.Wayne McLeskey,Jr..OTIP Marital Trust Regency Hilltop Associates,LLP BA-GB,LLC Dam Neck Associates,LLC 2540 VBB,LLC Cepco Management,LLC Cepco 1,LLC Meadow Creek Village,LLC TB&M Residential LLC Arctic Rentals,LLC Harbour Point McLeskey,LLC McLeskey Development,LLC s� Shore Drive Area Properties, LLC Agenda Items 13 &14 page 27 of 28 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Shore Drive Area Properties, LLC Agenda Items 13 &14 page 28 of 28 SHORE DRIVE AREA PROPERTIES, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between SHORE DRIVE AREA PROPERTIES, LLC, a Virginia limited liability company being 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, GRANTOR is the owner of those certain parcels of partially improved real property located in the City of Virginia Beach, Virginia, all as more particularly described in Exhibit A, attached hereto and incorporated herein by reference(collectively, "Pro e "); WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from PD-HI Planned Unit Development District to Conditional B- 4 (SD) Mixed Use District, and has applied for a conditional use permit to construct multi-family dwellings on the Property; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach, Virginia("Zoning Map")with respect to the Property,the following 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. GPIN#s: 1489-28-9308-0000; 1489-28-8247-0000& 1489-28-6485-0000 Prepared by: Lisa M.Murphy,Esquire(VSB#39111) Willcox& Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 NOW, THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit, or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled"SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL SITE DEVELOPMENT PLAN",prepared by Timmons Group dated May 12, 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 architectural design, appearance and exterior building materials of the building to be built on the Property shall be substantially compatible with the architectural design, appearance and exterior building materials depicted on the building renderings entitled"SHORE DRIVE CONDOMINIUM PROJECT REVISED CONCEPTUAL RENDERINGS", dated June 30, 2026,prepared by Cox, Kliewer& Company, P.C. and the building elevation entitled"SHORE DRIVE CONDOMINIUM PROJECT MATERIAL SAMPLE ELEVATION", dated June 30, 2026,prepared by Cox, Kliewer& Company, P.C.,which have been exhibited to City Council, are on file with the Planning Department and are included herein by this reference. 3. The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled"SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL LANDSCAPE PLAN'prepared by Timmons Group dated May 12, 2026("Landscape Plan"), which has been exhibited to City Council, is on file with the Planning Department and is included herein by this reference. Significant changes to the Landscape Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2 4. All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. 5. 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. 6. A designated pet relief area will be provided on the Property for residents. 7. Prior to final site plan approval, GRANTOR will convey to GRANTEE a public access easement for portions of the multi-use trail along Shore Drive that are located outside the existing public right-of-way. 8. The following uses will be prohibited on the Property whether by right or with a conditional use permit: bars and nightclubs; liquor stores and the sale of vape products. 9. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination,this Agreement shall be null and void. All references herein to the Conditional B-4 (SD)Mixed Use District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and 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. 3 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia,to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing, that any noncompliance with such conditions be remedied, and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 4 WITNESS the following signature and seal. GRANTOR: SHORE DRIVE AREA PROPERTIES,LLC a Virginia limited liability company By: (SEAL) Name:Willi . W' ox, II Title: M ger COMMONWEALTH/STATE OF V i r ( ri l a CITY/COUNTY OF i L ,to wit: t The foregoing instrument was acknowledged before me this day of 1-) 2026 by William A. Wilcox, II, as Manager of Shore Drive Area Properties, LLC,a Virginia limited liability company, on behalf of said company. [SEAL] '�pNU+uppM a�,tA, SCH•� N tary Pub t:�v Y P Z Registration No: 60 3 9 3 ' 2 aa1 _co M 393 4 My Commission Expires: 313 t $ C'Q EXP1 z �t 'cam••• ... •••'' J���', U'y���'1'EAl1K r;.�`` 'w4"puu I$00 [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants,Restrictions and Conditions Legal Description of the Property G P I N: 1489-28-9308-0000: All those certain lots, pieces or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Bayside Borough, Virginia Beach, Virginia, designated and described as Lot 11 and Lot 12 in Block 42, on a certain plat entitled, "PLAT, SECTION "D" OF OCEAN PARK, PORTION OF THE PROPERTY OWNED BY OCEAN PARK CORPORATION," dated March 20, 1917, made by P.F. Mueller, C.E., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 197; reference to which plat is made for a more particular description of said lots. LESS, SAVE AND EXCEPT those portions of the aforesaid Lot 11 and Lot 12 subdivided into and made a part of"PARCEL A" as shown on that certain plat entitled "SUBDIVISION OF MARINERS LANDING ON THE LYNNHAVEN SECTION ONE" dated October 1974 made by Marsh and Basgier, Inc., PC recorded in the aforesaid Clerk's Office in Map Book 113, Page 14. G PIN: 1489-28-8247-0000: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Bayside Borough, Virginia Beach, Virginia, designated and described as Lot 16, in Block 42, on a certain plat entitled "PLAT, SECTION "D" OF OCEAN PARK, PORTION OF THE PROPERTY OWNED BY OCEAN PARK CORPORATION," dated March 20, 1917, made by P.F. Mueller, C.E., and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Map Book 5 at page 197; reference to which plat is hereby made for a more particular description of said lot. LESS, SAVE AND EXCEPT the portion of the aforesaid Lot 16 subdivided into and made a part of"PARCEL A" on that certain plat entitled "SUBDIVISION OF MARINERS LANDING ON THE LYNNHAVEN SECTION ONE" dated October 1974 made by Marsh and Basgier, Inc., PC recorded in the aforesaid Clerk's Office in Map Book 113, Page 14. G PI N: 1489-28-6485-0000 All those certain lots, pieces or parcels of land known, numbered and designated as Lots 1 through 10, inclusive, and 17 through 24, inclusive, Block 42, as shown on that certain plat entitled "Section D of Ocean Park", duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5 at page 197. LESS AND EXCEPT that portion of property conveyed to Commonwealth of Virginia by Certificate recorded in Deed Book 564, Page 257 and shown on State Highway Plat 2, pages 222-224. A-1 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #13 & 14 Shore Drive Area Properties, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: The vote is open. By a recorded vote of eleven to zero, item eleven, City of Virginia Beach, has been recommended for approval. Our next item is items thirteen and fourteen, Shore Drive Area Properties, LLC. Ms. Murphy: Good afternoon, Chair, Vice Chair, members of the Planning Commission, and staff. For the record,my name is Lisa Murphy. I'm a local zoning attorney, and I'm here today on behalf of the applicant, Shore Drive Area Properties LLC, which is a McCluskey and Associates affiliate. The subject property before you is 2.2 acres, with a street address of 3853 Shore Drive being the principal property, and then there are a couple of parcels directly to the southeast that you see as sort of a pie shape on the aerial. As Marchelle indicated in the informal session, the property is zoned PD-H1, which is Planned Unit Development District, and it is in the Shore Drive Corridor Overlay District. It's currently developed as a fenced bulk storage yard,principally storing boats, boat trailers, that type of thing. It's compacted gravel with a fence around it. Not a whole lot of green space and really no landscaping to speak of. The applications are two. In this case, it's a request for a conditional rezoning from PD-H 1 to B- 4 SD, which is that mixed-use Shore Drive corridor overlay, and then being in the Shore Drive Corridor overlay district,we need a conditional use permit for the multifamily component of it. How did we get here? When I started preparing for today, I realized that the last time we were here talking about this property was just about five years ago. On July 14, 2021, we were before the Planning Commission. That application was far different than this application. It involved additional properties across Clipper Bay and Ocean Tides, was six or so acres, and it was for 197 apartment units. So much bigger, much more dense. Since that time, and specifically in the last two to three years, the applicants'representatives have been going along Shore Drive, meeting with community leaders, business leaders, civic league presidents, Bayfront Advisory Commission members. As it says in your staff report, over thirty meetings have occurred over the last couple of years. I tell you that so that you understand the level of outreach the applicant has done, but also the fact that after the last application, they went to the community to elicit that feedback and to find out what type of project the community thought would be compatible from a use and a scale perspective. That's how we got to the application before you today. Two big comments: one,they heard we want this to be a for-sale,owner-occupied project, and not a for-rent project. The feeling was that an owner-occupied project would have a greater sense of community and stability, and that that would be an asset for the surrounding neighborhoods. Through the course of those conversations, they reduced the number from sixty-two to the fifty- two units that you have in front of you today. The current project, as I mentioned, is 52 for-sale units, that results in a density of just under 24 units per acre. If you look at the Shore Drive corridor overlay, that would be the recommended density for a mixed-use project. The number of bedrooms is two two-bedroom units, forty-two three-bedroom units, and eight four-bedroom units. Each of these will have a very large balcony, one-story balcony,ten feet by twenty feet,a large outdoor living space. There'll be green space in the center available as amenity for all of the owners, and then the property goes from the building itself, five stories down to three stories where it's adjacent to the residential. This did go before the Bayfront Advisory Commission. There were several recommendations they made, and we've addressed virtually all of them. Two of them made it into the proffers: the pet relief area for the owners, and a proffer that was added that excluded certain uses from that 2,000 square feet of retail space. That's in the front corner right there at the intersection of Shore Drive and Marlin Bay. The other thing that we did, which took a little bit longer, was to address that horizontal articulation and the height at the corner. We've peeled back that direct corner piece. It's actually ten feet shorter than it was. It'll become a big patio unit for that particular condominium unit. Also, really does help to reduce the scale. As I mentioned, the corner unit will be a commercial unit. We're envisioning a local market with complementary retail space. It'll have some outdoor space, again trying to engage pedestrians and the surrounding community. The building's been oriented to face the intersection, and there'll be a piece of artwork at the corner that provides a focal point for this very important gateway into the resort area. All the surface parking is located behind the building facade. 126 parking spaces are provided,which is actually in excess of what would be required. I wanted to touch on stormwater. You should have in your packet a letter from Lynnhaven River Now. The short answer is there's no stormwater management today. It's a compacted gravel yard. The water that comes across in a storm sheet flows mostly into Shore Drive. There's no stormwater management, no pollution control. As Karen Forger says in her letter, this redevelopment project is really going to help the environmentally sensitive area by keeping the pollutants out of the creek, but also helping to manage that stormwater going into Shore Drive. So it significantly improves the current conditions. Stormwater will be managed underground,which is why you don't see the ponds and the facilities. Staff is recommending approval. Your Bayfront Advisory Commission is recommending approval. And we respectfully request that you recommend approval to City Council as well. I'm happy to answer any questions. Mr. Coston: Well, we'll have you back for questions after we hear from speakers. I believe we have some speakers on this one. Madam Clerk. Clerk: Yes, our first speaker is Danny Murphy, followed by Dave Redman. Mr. Murphy: Good afternoon, Chairman Coston, Commissioners, staff. My name is Danny Murphy. I am the president of the Ocean Park Civic League. I am here to formally state that the civic league has chosen not to take an official position for or against the Shore Drive Area Condo Project application. Over the past five years, this site and adjacent parcels have been the focus of redevelopment plans. The civic league and community have strongly opposed those previous plans. We believe it is important to prioritize the residents' voices by stepping back and allowing them to present their individual perspectives directly to you. According to the bylaws of the civic league, our mandate is to inform residents of issues of neighborhood importance, to provide forum for discussion and concerns, and to promote participation in public affairs such as this hearing. We operate for the mutual benefit and interest of the Ocean Park community. I would like to thank the City of Virginia Beach Planning Department,particularly Deputy Director Bookholt and staff planner Marchelle Coleman, for dedicating an evening to come speak to our members about land use and redevelopment. The Q&A portion of that was exceptional, and I applaud them. They represent the city very well. I would also like to thank the developer, the McCluskey Organization, for addressing past concerns, working to mitigate them where possible, and continuing to seek input throughout the process. Redevelopment is inevitable and necessary, and welcome. As a civic league observes the future of Shore Drive, we respectfully ask that you evaluate this application within the context of the long-term vision of Virginia Beach as adopted by the Shore Drive Corridor Plans. We emphasize that this project, if ultimately approved, must not set a precedent for other nearby redevelopment proposals. Several of which may arise. All of the projects must meet the standards of the Comprehensive Plan, Shore Drive Overlay District, Shore Drive Corridor Plans, and the design guidelines. There are concerns, I think many of us share, regardless of the position on the project. I ask that these concerns accompany your recommendation to City Council,which will ultimately make the final decision. Scale, density and massing are significant documented concerns. To reach the nearly 24 units per acre, the applicant is requesting variances to reduce the 30-foot setback on Clipper Bay to 15 feet and lower the step down adjacent to the existing townhomes. Ask the Commission to consider these facts carefully before granting approval. Neighborhood character and corridor alignment: the key consideration is whether the project reflects Ocean Park's historic coastal community and aligns with the adopted city corridor plan. Parking and traffic: the trade- off between building height to have ground-level under-building parking is significant. Neighbors are concerned that residents and guests will still spill over into Marlin Bay Street for parking. Shore Drive already exceeds its capacity, and the Shore Drive Improvement Plan Phase Four project is not scheduled to even begin until 2032. Stormwater management and the Lynnhaven Watershed: any new development must demonstrate that it will not increase runoff or drainage issues, nor hinder the possible need for the West Shore Drive Phase Four stormwater pump station. Pleasure House Point area: this adjacent property is the crown jewel of the city. The new 52 units will likely increase the use of this facility, and we just want to make sure that there are safeguards and protections for the habitat and trails. We respectfully request, regardless of your recommendation, that these concerns are included in the record and forwarded to council. Thank you for your time. Mr. Coston: Thank you, sir. Clerk: Our next speaker is Dave Redman, followed by Terry Browning. Mr. Redman: Good afternoon, Mr. Chairman, members of the commission. For the record, I'm Dave Redman. I've lived in District Nine for 44 years. In fact, I served on this body representing District Nine for 15 years, and then Mr. Coston took the baton. It's my home, so I travel this portion of Shore Drive virtually every day. And it's hard for me to express how strongly I support this superb renewal of an underutilized eyesore of a property. I hope everyone interested has read the staff report, because the staff report very convincingly explains how completely this project fits within the Shore Drive Corridor guidelines, comports with the comprehensive plan, and incorporates genuinely exceptional planning principles and design guidelines. I'm a sucker for beautification,a sucker for landscaping. This project beautifies not just this property, but the entire bayfront. And I challenge anyone to show me a residential community on Shore Drive with better landscaping than what's proposed. This project incorporates modern stormwater management on this site for the first time ever. Quit making excuses of flooding if you turn your nose up at stormwater improvements, particularly when the private sector initiates and pays for them. That's what we should be doing. With articulate architecture and high-end building materials, this project provides a more welcoming presence to the Pleasure House Point Natural Area. At fewer than twenty-four units per acre, this project is far less dense than many existing, older and less attractive properties in very close proximity. And only to Lilliputians is five stories a tall building in the Shore Drive corridor. There are far, far taller buildings within eyesight of this project. This property, through no fault of the applicants, has been the skunk at the Shore Drive Garden Party for far too long, and now you can fix that. Look at the rendering of this beautiful bayfront community that's proposed compared to what's there today. It is a no-bramer. I urge you to support this application. Thank you for your time, and I will be happy to answer any questions. Clerk: Our next speaker is Terry Browning, followed by Kim Mayo. Mr. Browning: My name is Terry Browning. I'm the adjacent property owner to the project. I own 3829 Shore Drive. We're here in support of this project today because I feel it'll bring a nice area to the corner of Marlin Bay and Shore Drive. They've done an outstanding job. I was involved with them in the original project five years ago. The reason for my involvement? At that time, I had two brothers that were owners in the property with me,that were left to us from the demise of my parents. When we bought this property, there was nothing around us. There was no Marlin Bay. There were no condos. There were sand dunes and live oaks. Time marches on. Things need to be improved. The main reason for me coming here today is I've heard a lot of conversation about my affiliation with them when we were trying to do the Marlin Bay project. I now am the owner of that property, and my son is now running Browning's Marine,which we've been in business since 1955. It cost me greatly to acquire this property from my brothers at a time in life when I'm 72 years old and I'm working seven days a week. But our intention is to take our property and move it forward. Now that I can spend money on it and upgrade our properties and make it a lot better than it is now. I just wanted to lay their fears aside that I'm not waiting for this to get passed and then I'm going to do something on my property. That is not going to happen. As long as my son wants to be in the boat business,we're going to be in the boat business. I am going to be impacted by it. And it's probably that some things are not going to be good because anytime you get residents next to a business, you have issues. But I do feel strongly that they're going to do a great job to improve this piece of property and make a nice community. As a side note, my relatives developed Ocean Park in 1912. Some of the paper streets,which one of them has been saddle property, were still in the Newtons' name on the plats. So, we've been involved in Ocean Park for a very long time. All my children graduated from the local schools, Cox, John B. Dye, and I now have five grandchildren in school there. So, I'm there for the community. I want what's good for the community, and I support this project. Mr. Coston: Thank you, sir. Your time has expired. Thank you. Mr. Camp: Mr. Browning, for being here today. Could you please tell us, does your business use the paper street Clipper Bay for access into your yard? Mr.Browning: Yes, sir. We do. Mr. Camp: Thank you very much. Clerk: Our next speaker is Kim Mayo, followed by Wendy Crutchfield. Ms.Mayo: Good afternoon. I'm speaking in opposition. My name is Kim Mayo. I'm a District Nine civic leader, and we live a few miles away from this site. The landowner, by right, can put in some housing and develop there within existing zoning rules. No upzones. Unfortunately for taxpayers and all impacted, Councilman Schulman does support this upzone. He's also taken campaign contributions from this developer. The property we're discussing is adjacent to ecologically sensitive Pleasure House Point,our public land. Last March, Councilman Schulman put forth a CIP to bulldoze a maritime forest at a cost of approximately $12 million to taxpayers. There is now a federal lawsuit to hold all accountable and protect the rest of the park. Furthermore, every zoning decision affects every resident. When the city makes a land use or zoning decision, it's easy to think it only matters to the people who live nearby. It doesn't. Every zoning approval sets a precedent. The next applicant points to the last approval and says, "Well, you already said yes to this one." One decision at a time, the character of Virginia Beach shifts. Lastly, there's a local YIMBY organization who has members advocating for this upzone. I have experience with YIMBY groups. More housing does not mean lower rents. YIMBYs have a history of online bullying and clashing with housing justice advocates in displacing working class and people of color. Finally, as we all know, our City Council takes huge amounts of campaign donations from the real estate industry. YIMBYism gives them political cover to deregulate land use protections and build more luxury housing, such as this, and generate huge profits at our expense. Thanks so much for your time. Clerk: Our next speaker is Wendy Crutchfield, followed by John Moss. Ms. Crutchfield: Good afternoon, commissioners, Chair Coston. My name is Wendy Crutchfield,and I am speaking as a property owner adjacent to this proposed development. Today, I would like to ask a simple question:why did Virginia Beach spend years creating the Shore Drive Corridor Design Guidelines if we are willing to ignore them when they matter most? The property before you sits literally on the boundary between the green zone and the mixed zone at Marlin Bay Drive. That was not an accident. It was a result of extensive public planning, professional study, and taxpayer investment. According to these guidelines, the green zone's east boundary is Marlin Bay Drive,and is characterized by mature live oaks and pine forests of Pleasure House Point. Marlin Bay Drive then transitions to the mixed zone. The plan states that the homes, some dating back to the early 20th century, provide a defining design image for the area and the corridor, and recommends the Ocean Park neighborhood for residential land use at low and medium densities, which reflects the character of our coastal community. This property fails to fill the bill. The proposed density increases what is currently allowed by six times. The building rises five stories in a location specifically intended to transition away from the environmental protections of the green zone. If a five-story building at this density belongs in a transition area, then what exactly is a transition area? If a six-fold increase in density is compatible in the mixed zone,then what does low to medium density mean? This decision is about much more than one parcel. It's about whether our adopted plans have meaning. It's about whether residents can trust the rules they helped create will actually guide future development. The Shore Drive Corridor is one of Virginia Beach's greatest assets because it is different. It is not the oceanfront. It is not Town Center. It is a unique coastal community shaped by a deep and rich history, waterways, maritime forests, wildlife habitat, and neighborhoods that have evolved alongside them for generations. The purpose of planning is not simply to determine what can be built. The purpose of planning is to determine what should be built. Today, I respectfully ask that you uphold the vision established in the Comprehensive Plan and the Shore Drive Design Guidelines, protect the integrity of the green zone and mixed zone transition,and deny this rezoning request unless it is substantially reduced in density and intensity. Thank you for your time. Clerk: Our next speaker is John Moss, followed by Martha Tharald. Mr. Moss: Good afternoon, everyone. Chair and members of the Planning Commission, my name is John D. Moss. The case before you today seeks an upzoning, a conditional use, along with a variance. The applicant has no legal entitlement to receive a favorable recommendation, and the benefit of the doubt goes to a denial. In my judgment,the proffers offered by the applicant are overwhelmingly insufficient to overcome the points made by the community opposition. The community critiques, with supporting empirical evidence submitted by various individuals and civic leagues, makes an undisputable case for denial. Why is that? A comparative analysis of the applicant's submission, the city staff analysis, the submitted public written comments, and the oral testimony today yield only one answer: a recommendation for denial. I see no need to revisit the evidentiary record. You have the opportunity today not to repeat the Windsong Apartments upzoning decision on Pleasure House Road. All the concerns raised in opposition to the Windsong Apartments, 36 units to the acre by 16 civic leagues,were discounted by the then city council majority. Those concerns cast aside in approving the Windsong upzoning have largely come to pass, a lesson you should heed. The Marlin Bay application, like a data center, creates major profits for the applicant by imposing tangible and intangible cost on the immediate neighborhoods,the use of Shore Drive,and Virginia Beach taxpayers at large. I believe you have a duty to do no harm in making your recommendations. The speakers today, by their evidentiary assessments, have proven the Marlin Bay application items before you, if approved,will do harm. May God grant you the wisdom,the courage, the compassion, and humility to respond favorably to the community's petition to recommend denial of the Marlin Bay request in each of its agenda items. Thank you very much. Mr. Coston: Thank you, sir. Clerk: Our next speaker is Martha Tharald, followed by Mary Riesmeyer. Ms. Tharald: Good afternoon. My name is Martha Tharald, and I respectfully ask that you recommend denial of this rezoning application. This request is not simply about one property; it is about flooding, public trust, environmental stewardship, and the precedent we set for future development along this corridor. In September 2021,Virginia Beach City Council unanimously adopted a resolution urging citizens to approve the Stormwater Bond referendum. The voters kept their end of the bargain and approved it. One of the promises made to the public was clear: council committed to amending the comprehensive plan to recommend denial of projects that create a net increase in stormwater discharge demand beyond the capacity of the drainage system to handle it. That commitment was never honored. The language was omitted from the recently adopted comprehensive plan, despite repeated opportunities to include it. Now we are being asked to approve a rezoning that would dramatically increase development intensity on this 2.2-acre site. The current zoning allows development generally consistent with the surrounding neighborhood. The proposed zoning would permit substantially greater density, taller buildings,greater lot coverage,and commercial uses. The site is located across from publicly owned natural land, recognized as environmentally sensitive and fragile, and along an already heavily traveled coastal corridor where residents regularly experience congestion and flooding concerns. Most importantly, we still do not have a completed stormwater plan. We have been told that flooding may be significant enough that the city could ultimately need to acquire a portion of this very property for a future pump station. Think about that for a moment. If the city may need to purchase part of this property because flooding is already a concern, why are we being asked to approve a far more intensive use of the property before those flooding issues are resolved? How can anyone determine that increasing lot coverage from approximately 40 percent to 75 percent will not worsen stormwater conditions when the drainage solution itself has not yet been finalized? Approving this application would send a message that major increases in density can be moved forward before more critical infrastructure questions are answered. It would establish a precedent that other property owners along the corridor will undoubtedly cite in future zoning requests. The Planning Commission's responsibility is not merely to accommodate development; it is to protect the public interest, safeguard our natural resources, and ensure that growth occurs responsibly. The voters of Virginia Beach were promised that stormwater capacity would be a determining factor in development decisions. Before this property is upzoned, the public deserves proof that promise can be kept. For these reasons, I respectfully ask you to recommend denial of this application. Thank you. Clerk: Our next speaker is Mary Riesmeyer, followed by Leslie Colbertson. Ms. Riesmeyer: Good afternoon. My name is Mary Riesmeyer, and I'm here on behalf of the Baylake Pines Civic League. So, I should have 10 minutes, not three. The Baylake Pines Civic League represents 336 single-family homes adjacent to the Ocean Park neighborhood, and we appreciate the opportunity to be here today to comment on this rezoning application. Representatives of Shore Drive Area Properties, LLC attended our March membership meeting and presented the proposal to our residents. We support the redevelopment of this eyesore,but we recognize the value of thoughtful reinvestment in the Shore Drive corridor. Our opposition is not to redevelopment itself, but to the unprecedented scale, density, and intensity of the project being proposed, especially considering key missing data, including traffic impact study on Marlin Bay and stormwater impacts on this flood-prone area. We respectfully urge denial of the rezoning request because it conflicts with adopted policy, exceeds the intended scale of development for this location, and establishes a precedent that could permanently alter the character of the Bayfront Corridor. I want to repeat: we are not opposed to the development of this parcel of land. We are opposed to the proposed development for the following reasons, any one of which alone is the basis for denial. First,inconsistency with the comprehensive plan. The staff report acknowledges that,per the 2026 Comp Plan, established neighborhood character should be preserved and protected, and future residential development should strive for the lowest reasonable density compatible with the existing neighborhood. 52 condos on 2.2 acres,which equals a density of 23.63 dwelling units per acre, is not consistent with the current neighborhood. There is absolutely nothing in the record that shows the applicant has demonstrated this is the lowest reasonable density. Second, density and scale beyond the intended development pattern. The current PD-H 1 zoning allows for 4.25 dwelling units per acre. The proposed is nearly six times that amount. The proposed project also includes a five-story building. Current zoning is 35 feet. The proposal exceeds the current zoning allowance by 77%. Third, failure of the transitional design concept. Shore Drive Corridor Design Guidelines established that a deliberate transition between zones. Marlin Bay is an important boundary. The proposed development, by its size and density, completely obliterates a transition area. Going from five stories down to three stories is not a transition area sufficient for this purpose. Fourth, traffic, transportation, parking, and pedestrian safety. The city's analysis acknowledges that Shore Drive is already operating above its intended capacity. Shore Drive currently carries approximately 40,500 average daily trips. It has a roadway capacity for 36,900. The proposal is expected to add approximately 460 ADTs. It is unreasonable to approve a project that would add more ADT to a corridor that the city itself acknowledges is already carrying approximately ten percent more than it was ever intended to. The absence of current traffic counts on Marlin Bay Drive and lack of planned roadway improvements are also problematic. Fifth, unresolved stormwater and public infrastructure issues. Per the staff report, preliminary engineering for Shore Drive Corridor Improvements Phase Four identifies a potential stormwater pump station on the northern portion of the property. No project on this land should be approved until the city determines if it is needed for future public drainage infrastructure. No preliminary stormwater analysis was required prior to the Planning Commission review. The applicant is to evaluate underground stormwater management systems later during the site plan stage. This is putting the cart before the horse. Sixth, Bayfront Advisory Committee findings. The committee's support for this application was not unconditional,nor was it unanimous. There were several project modifications recommended. I recommend that the recommendations from the BAC be implemented and adapted into this program,just as they were for item 10, regarding building height, perceived scale and massing, evaluating permeable materials, restricting incompatible commercial uses, and establishing operational standards for the commercial component. Seventh, corridor-defining precedent. As others have mentioned, this project cannot and should not be treated in a vacuum. Approval of this project will open the door and forever influence future development of the Shore Drive corridor west of the Lesner Bridge. It will dramatically and negatively change the character of this particular bayfront corridor. In conclusion, this decision is larger than a single development project. At a minimum, we respectfully request the Planning Commission to defer this application until the unresolved transportation, stormwater, and public infrastructure issues identified in the staff report have been fully analyzed and presented to the public. Should the application proceed,we respectfully request the commission deny the rezoning as proposed unless substantial reductions in density,height,and overall intensity bring the project into alignment with the Comprehensive Plan, the Shore Drive Corridor Design Guidelines, and the surrounding neighborhood context. Thank you. Mr. Coston: Commissioner Hippen. Ms.Hippen: I have some questions for you. Ms. Riesmeyer: Okay. Ms. Hippen: So you said that your civic league supports development,just not this one. Am I correct? Ms. Riesmeyer: Yes. Ms. Hippen: Okay. So let me see if I've got correct what you said,because you said you wanted some conditions added, and I'm trying to make sure I understood which conditions you were talking about. You were talking about stormwater, correct? And you were talking about traffic, correct? You were talking about density. Ms. Riesmeyer: Correct. Ms.Hippen: Okay. Were you in on the discussions or the presentations from the prior application for this area? Ms. Riesmeyer: I was aware of the bigger complex, more acres, more units, apartments versus owned condos. Yes, I was aware. Ms. Hippen: Okay, so did your civic league disapprove of that as well? Ms. Riesmeyer: Correct, we did. Ms. Hippen: Okay, and that was because it was rentals, because it was over density, the whole shebang? Ms. Riesmeyer: Too big, too much. Ms. Hippen: So, what is not too big? Ms. Riesmeyer: What's consistent with current would be ten to twelve units. Ms. Hippen: So, your civic league is looking for single-family homes because that is what is predominant in this area? Ms.Riesmeyer: Townhomes are on that side. The area immediately behind are townhomes. But what would be consistent with current zoning would be approximately ten to twelve. Ms. Hippen: Okay. So,your objection is due to the current zoning. Because they are asking for a zoning change, which is why I'm making sure I understand. Ms. Riesmeyer: We do not want. We do not support a zoning change. Ms. Hippen: Roger that. Okay. Thank you. Ms. Riesmeyer: Okay. Clerk: Our next speaker is Leslie Colbertson, followed by our final speaker, Rhona Marsh. Ms. Colbertson: My name is Leslie Colbertson. I'm a lifelong resident of Virginia Beach and a property owner in Baylake Pines, as well as Chesapeake Beach. I'm asking that you oppose the proposed zoning increase for the Marlin Bay condo lot from planned residential development to business/residential high density. This proposed development will detrimentally alter the character of Shore Drive and any sense of special place. Shore Drive is a local corridor for residents, and is not the commercial tourist location like the oceanfront. Shore Drive does not have the capacity at this time to support current local traffic on this corridor, or to meet safety concerns for pedestrians or current beach visitors to the bay. Virginia Beach has historically done a poor job of protecting its history and any sense of community. In regards to this revised proposal, less bad doesn't snake it a good proposal. Please oppose the zoning request. Thank you. Clerk: Our final speaker is Rhona Marsh via WebEx. Ms.Marsh: Thank you. My name is Rhona Marsh,and I am in favor of this being built out using the current zoning that it currently has,without rezoning. I believe fifty-two condos with a hundred and sixty-two bedrooms will result in three hundred and twenty-four allowed residents. I say that because HUD requires that you have two people per bedroom permitted. You cannot discriminate and tell people they can't have two people per bedroom. So having a hundred and sixty-two bedrooms means you're going to have three hundred and twenty-four allowed residents. This is something that no one ever wants to talk about because they don't want to talk about the density. But this is the Fair Housing Act. I feel the rendering looks like a hospital, and that there should be valet parking,because there's not enough parking spaces. With 104 parking spaces for 324 allowed residents. The area has had traditionally heavy stormwater flooding, and I have sent you photos by email of the flooding most recently in 2025. All this flooding, tidal flooding, makes it dangerous when you have so many people on a roadway that is not designed to handle already more traffic. If you keep doing this and you don't have enough parking, you're going to have people who are going to be parking illegally. We don't need double parking or roadside parking. Where are the delivery trucks going to park? The third precinct is going to have to handle the illegal parking disputes. There's more development right around the corner by this same developer who wants to build fourteen units on Marlin Bay Drive extension and Winston Place. So this is going to be cumulative, and you need to deny this and let the developer build as it's already zoned. Building is not the issue; it's just overbuilding, and density of 324 people is too much. Thank you very much. Mr. Coston: Thank you,ma'am. And that was our last speaker. Clerk: That was our last speaker. Mr. Coston: Would the applicant like to come back for rebuttal? Ms. Murphy: Thank you for the opportunity. I'll start with stormwater. While a stormwater analysis isn't required in the Chesapeake Bay watershed as part of the rezoning, as part of the site development and site plan approval process, the applicant absolutely has to go through a full- blown stormwater design and stormwater management plan. At this point, based on the prior stormwater analysis that was done, they know that to meet the current regulations, which the property does not meet right now,they will have to build underground storage chambers. So, this will absolutely improve the flooding situation on Shore Drive,because you'll take a gravel lot with no stormwater management and develop it to current, very detailed and very robust city standards. It will be detained on site. It will help not only with flooding,but with pollution. The other thing that was added that addresses stormwater and the environment is the applicant worked with Lynnhaven River Now to identify plant species to incorporate as part of the landscaping, so that it does benefit the environment and fits more with the Pleasure House Point development. The pump station came up. We were told that the pump station,which has nothing to do with this particular project and would not and could not serve this project, would be at the end of Clipper Bay Drive in that public street. There's no final determination. As your staff report indicates, the additional trips per day for this particular development would be modest overall. This section of Shore Drive is in a CIP. It's the Phase Four CIP where they've got a design that would expand it to six lanes on either side with a bike path, with a sidewalk, which, incidentally, would be in addition to the 10-foot multi-use trail that we're showing. We could go to 11 feet if that was the body's will, but it will be next to a city sidewalk. So, ours is a multi-use trail that is not in the right of way. But in the right of way, next to it would be a city sidewalk. Just wanted to address that. You have a professional staff that analyzes every application. You have, in this case, also a Bayfront Advisory Commission that reviews the applications very specifically to make sure that your comprehensive plan and that the Shore Drive design guidelines and the Shore Drive corridor guidelines are all being met. As your staff report indicates, this well-planned development advances key concepts of the comprehensive plan and objectives of the Shore Drive corridor, including redevelopment of underutilized properties and the promotion of neighborhood enhancement. It avoids the overcommercialisation of the corridor, and, as the staff report indicates,protects and preserves the established neighborhoods. The Bayfront Advisory Commission recommended approval. There were a number of items that were addressed in their recommendation. I think we've addressed all of those, but for one, and that was a suggestion that we incorporate permeable pavers throughout the project. Because this is an owned condominium structure, there will be an HOA, a condo owners association that will have to take care of the maintenance and the use. We're looking into the permeable pavers,but it's something that would increase maintenance costs for the owners association. And we have, as I said, incorporated significant landscaping with those native species. The question about the use of the corner market—I think one of the speakers brought up—we have specifically added a proffer to proffer out noxious uses. Nobody wants to see it as a vape shop or a tattoo parlor, or some of those other commercial uses that frankly wouldn't be in keeping with the local neighborhood market, which is what the applicants intend. The applicants will be the owners of that unit, which will be a commercial unit. So, they will control that, as well as the owners' association. I'm happy to answer any other questions. But again, your staff, your professional staff, is recommending approval. The Bayfront Advisory Commission has recommended approval, and we have addressed nearly all of their recommendations and suggestions as far as ways to further enhance the project and the application. Mr. Coston: Commissioner Hippen. Ms. Hippen: Hi there. Okay, so I have a few questions for you. So,to let you know, I live over near Magnolia, on Magnolia Chase, Infinity and the Cascades, and all of the rest of the homes around there are single family homes. Okay, so I live across town from this. So, my questions. First of all,let me give you some stats here. We had letters received. We had fifty-seven negatives, three neutrals, two positives. Okay, so that gives us sixty-two letters. We had nine speakers, of which two were positive, six were negative, and one was neutral. We've got one civic league that says we don't have a position,but we've got a civic league and Lynnhaven River Now saying yes, this is a good thing. Okay, so first question is proximity to Pleasure House Point. That is where Lynnhaven River Now's letter came in. Am I correct? Ms. Murphy: Pleasure House Point. Yes. Ms.Hippen: Okay,I just want to make sure. Talk about the upzone and the fact that the difference in the density from whence you came. One of the things you stated when you talked was that this started in 2021. Where you are now,and from whence you came, and how, if approved,this would fit in,to rebut that. And I have more after that,but you did answer one. Ms.Murphy: Do you want me to start there? I would say,you know,by comparison to a project like West Neck or something like that,where you had a room full of people,the number of speakers and the letters really is representative of the fact that you have thousands and thousands of people who live in this corridor. And through my client's outreach over the last couple of years, they really have been able to work through a lot of the issues that have come up. I noticed several of the speakers are from Baylake Pines, which is on the other side of Shore Drive, and they have historically had concerns about people on their beach or people in their park. But if you go to the website for Pleasure House Point, it's a city park open to all residents of the city, and it specifically says parking is available along Marlin Bay Drive. So, these amenities are amenities, not just for the residents in direct proximity, but they are amenities for all citizens. I go to Pleasure House Point. I live close, but not in Ocean Park. So, I think it's difficult to say that this is something that's impacting them just on the basis of having more people come to the park or more people come to the beach. Five years ago, as you mentioned, we started out with 227 units. That was reduced over time to 197,to get to just under 36 units per acre. That was more dense. You've had some of the speakers say that was big, it was more dense,and really, my clients have worked very hard to come up with something that's less dense,but that commercially makes sense, and from an economic standpoint, makes sense. So, they have addressed making sure this is less dense. The density that would be allowed, and we talked about this a little bit. It's PD-H 1, right? PD-H 1 implies that at one point there was a master plan for Ocean Park, which there was, and there was a mix of densities throughout Ocean Park, and there are sections of Ocean Park that were intended to be commercial. A lot of the frontage on Shore Drive was intended to be commercial. We don't have, nor can we find, that master plan. So, we don't know what the overall plan for this was. But the current density, which under the PD-H 1 for this size property,would be 4.25 units to the acre. So, you're talking ten-ish units. And that's where that number comes up. So we feel that our rezoning request is in keeping with the Shore Drive Corridor guidelines, which, in this section, call for mixed use. So, you've got the mix of a neighborhood commercial that serves the neighborhood, but you also have some additional density. The way the building is designed, it's five stories with a peel back at the comer, but then it steps down to the three stories as it gets closer to the residential behind it. There was a question that came up about the deviation. So, the building itself, that section of the building is only 33 feet. But the stairwell enclosures that you can't see on this one, there's another view that shows the stairwell enclosures are just under 43 feet, so that's the deviation. It's for the stairwell enclosures. Ms. Hippen: Okay, so it's not the entire building. Ms. Murphy: Not the building. The building at that section is only 33 feet. Ms. Hippen: Okay. Tell me about Clipper Bay. So, on Clipper Bay, there's also a setback deviation. Ms. Murphy: Yeah. So,the deviation there. So,there's a 30-foot setback from the right of way, which the building meets at 30-foot setback. Those large patios, or the large balconies that we talked about—they extend into Clipper Bay. Not all of them, but as you see, there are sections that are extending. Then that's the request for the deviation there. Ms. Hippen: Got it. I see it on mine. Okay. Let me make sure I have all my questions here. I'm going to ask some of the planning staff here to clarify for me the comp plan. I heard some folks say that this was not in line with the comp plan. Can you help me,please? Ms. Warren: So, I would say it is. Now,we're dealing with two things. We're dealing with the former comprehensive plan of 2016,and now the newly adopted. So,because this application was submitted prior to the adoption of the 2040 Comprehensive plan, we are looking at the 2016. And Hank, can I ask you to come up and just clarify for us where this meets the goals of the 2016 Comprehensive plan? Ms. Hippen: See, I saw you sitting over there. Mr. Morrison: Good afternoon, Hank Morrison, Comprehensive Planning Administrator. So, this is in the 2016 plan. This is in the Shore Drive Suburban Focus area, which talks about mixed uses along Shore Drive, and also compatibility with the neighborhood. So, we talk about within the Shore Drive design guidelines as well. Their folks did bring up the green zone versus the mixed zone. Marlin Bay is that borderline. But the mixed zone does call for things like mixed uses, which this does provide. Ms. Hippen: So, it's in the mixed zone portion. Is that what you're telling me? Mr. Morrison: Yes, this property is fully in the mixed zone,but it is right on the border. That is correct,but it is in the mixed zone. Ms. Hippen: Thank you. Mr.Morrison: Sure. Ms. Hippen: That's all. Commissioner Cromwell. Mr. Cromwell: How does the B-4 overlay? That's something new, correct? In 2026. Mr.Morrison: So,B-4 is the zoning, and there's always been a Shore Drive overlay. That's what the B-4 SD stands for. So that's been in existence for I don't know when it was adopted, but it predates the new comp plan. Mr. Cromwell: Okay. Mr. Coston: Commissioner Camp. Mr. Camp: My question is not for Mr. Morrison, but I have questions if everyone else is done with him. Mr. Coston: Yeah,you go ahead and go to your question. Mr. Camp: Nobody else has a light on. All right, Mr. Hanson. For the record, would you please state your name and title? Mr. Hanson: Yes, L.J. Hanson. I'm the director of public works for the city of Virginia Beach. Mr. Camp: Thank you again for making yourself available this afternoon to help us out. I have a couple of questions for you. One of the questions that was asked at the site visit of the planning commission last Thursday was with regard to Marlin Bay Drive itself. It is scheduled for milling and repaving, and a question was raised about the on-street parking, the possibility of bike lanes, and, of course, vehicular traffic. Are you able to tell us whether the current configuration on that pavement will be restored,whether there'll be any changes after it's milled and repaved? Mr. Hanson: So, following your inquiry this morning, I did a little checking. It is scheduled to be milled and overlaid this summer season. It will be restriped at the conclusion. It'll look a little bit different,but function essentially the same. Our intent is to stripe a full 11-foot lane width for the travel lane, and then we'll stripe out the parking area so that there's an area for cars. There's an area between those two areas. It is not quite wide enough to make a designated bicycle lane, but as this is a 25 mile an hour zone, we don't typically create bike lanes in a 25 mile an hour zone. So, I think that goes to the heart of your question. Pertinent to this rezoning, there is on-street parking,though. Mr. Camp: Thank you for clarifying that. Appreciate it. Moving on to other public works priorities, Shore Drive Phase Four has been mentioned, as well as what I'll term matters related to the Western Lynnhaven drainage basin plan. That is the stormwater mitigation plan for this part of the city. It is my understanding that a pump station, at least at this point in the planning, has been identified as a need that would serve both of those functions. Is that generally correct? Mr. Hanson: That is generally correct. There have been two ongoing assessments, as you just identified. One is a preliminary engineering report, which I'll come back to in just a moment for the Shore Drive Phase Four project, and the other is the stormwater master plan that governs this area. Both of those projects have identified the need for a pump station in this general vicinity. The preliminary engineering report, this is not a design level document. This is a document that we do first to make sure that we have an understanding of what all the constraints are on the proj ect. There are some recommendations that are in that preliminary engineering report that identify this as a potential location, but it is not set in stone. We have not created any design documents whatsoever that identify this space as being necessary or needed, and we certainly have not advanced the project to a place where,as I believe the council gave earlier,that it would be relevant to this rezoning at this point. Mr. Camp: Well, I'd like to probe just a little more deeply there. I think it's fair to say that if a pump station is needed, it physically has to go somewhere. I have great faith in our engineers, and I know that they will solve to the best of their abilities almost any problem that they've been given, and they've sure been given some complex ones in this area. But I am concerned about making that job harder, more expensive, more time-consuming, or other things that impact the public interests. I'm also concerned about other private interests. It's one thing to say that needs to happen, just don't do it on my land. Well, it's going to happen on somebody's land, and the applicant has chosen to come forward now at this time, so we can kick the can down the road and say we'll figure it out later,perhaps at greater public expense or impairment of access, or whatever it may be, or we can start to talk generally about it now, and that's where I'm at. I want to make sure that I understand it, because the applicant has a right to develop what by right is on the property zoning right now. But that's not what they're asking for. They're asking for a significant change, and if your department comes back and says, "Well, this is the optimum site after this is rezoned,"then I would assume that the acquisition costs to impair it or take it back would therefore be higher, because they have a right to do more with it. Is that generally correct? Mr. Hanson: Well, I think the optimum location is a difficult thing to answer at this stage, and I think that's part of if you're gathering that I'm equivocating a little bit. I am, and the reason I'm equivocating a little bit is because I'm trying to look at both the city's needs and the applicant's needs. It is incumbent upon us to preserve individual property rights. We are not at a stage yet where I could tell you with certainty how big the pump station is going to be, both in terms of capacity of pumping and in physical size. So, it would be difficult for me at this point to say that this is the optimum location. It is certainly a location that, if it were available to us when we come to design,we are actually in full-throated design that we would be looking at. But there are other opportunities. This is not our only opportunity to develop a pump station. Additionally, it is possible for us to work with the applicant after the rezoning. It might be potentially something that we could work with the applicant on. It has been pointed out we have some adjacent property with the adjacent street there,Clipper Bay Drive. Potentially,that's something we could work with them on. I guess what I'm trying to say today is that the Department of Public Works is not in a position to stand in the way of the rezoning. I don't have enough information to do that. If I did, I would. I promise. Mr. Camp: Oh, I know that. But we are in a position of trying to weigh the same interests you just identified, the public interests, versus a private interest, and we are working with the same lack of information,or maybe even a greater lack of information than you,as a design professional working on these projects, have. So, I think it is incumbent on us to try to understand as best we can what may need to happen. We know that it's not definite. It is my understanding that some of the—and let me preface this out of respect for the many positions you hold here. Your department is vast. One of the things you're charged with, as I understand it,is real estate acquisition, and that means that there's some care given to not prejudice the city's position on other sites you might be looking at by giving very measured testimony today. Is that correct? Mr. Hanson: Yes, sir. Mr. Camp: All right. So, I'm trying to respect that, too. If engineers suggest that a site is preferred, it would suggest to me that other places have some type of space limitation, wetland impact, additional cost, something that makes them less than optimal. And that there would therefore be a difference that the taxpayer would have to pay if a less than optimal location was chosen. We just don't have the numbers to deal with it today. Correct. Mr. Hanson: In theory, yes, sir. What I would like, what I'm trying not to say, I guess, is that when you're asking an engineer how valuable a piece of property is,they have only one metric to look at. When you are asking a planning body to look at how valuable a piece of property is, you are looking at a multitude of metrics. I have to say that when the preliminary engineering report was done, it was looking at solely one metric, and so that's why again, that's why you hear me equivocating up here. I recognize that you all have a difficult decision to make. If this piece of property is available, we'll be happy to talk to the applicant. If it's not, we will find another location. We feel confident that there is another solution here if this moves forward. Mr.Camp: I appreciate what you just said. There's a reason I'm not asking engineering questions of the attorney for the applicant, and I'm not asking you legal questions. I get why you're here. Mr. Hanson: Yes, sir. Mr. Camp: One last question for you. When you look at the site plan, and you are saying that there are ways you may be able to work with the applicant after a rezoning, should it be granted, and I read the staff report, which says, in part, future coordination may be required if this is approved and the pump station is also needed on the site. Is that really possible? If the building is built as depicted here,I know you can't say how big the pump station is,but I think there's some indication, given how close he would put such a thing to a residential use, and the linear feet we have available. Is it really practical to say at this point that these things could coexist there, or are we talking about a different type of solution? Mr. Hanson: I don't know the answer to that question. It's a great question. Do I think that they could coexist? I do think there's a potential that they could coexist. There would be some challenges, to be sure. For instance, if we had a diesel generator there to support the enterprise, that would be an imposition. But it likewise would be an imposition on the existing townhomes that exist there. So, we would have to work with the community, as we do on all of our projects. We try to reach out and make sure that we have an understanding. This project is still in design phase. I mean,I think you have some very good renderings,with some rather tacit projections and promises that have been put forward. But it's still not a designed building yet. It has not gone through the design review process. As you heard, stormwater is still yet to be discussed, and making sure that we have all that stuff covered. So, there is a design process that's left to be done on this. If it's at all possible, we could try to work with the applicant during that process. Mr. Camp: And with regard to one of the earlier speakers, who owns an adjoining property and testified on the record that he uses the paper street for access to that property, if you're going to put a pump station in the paper street, I would assume that he would also need to be part of those conversations because it could impair his property rights. Mr. Hanson: That seems reasonable,yes, sir. Mr. Camp: All right. I don't want to call you back up because I know your time is extremely valuable. I just want to make sure that I've got it all here. The question has come up with regard to timing,that you reported to City Council about six weeks ago on the budget,the CIP in particular that was adopted, and in that CIP, if I recollect correctly, there are six roadways that currently are on hold. I believe it was said on April 21 st to council that we lack approximately $116 million of funding,per the city manager. Is that generally correct? Mr. Hanson: $116 million. Mr. Camp: Yes, $116 for six that are ready to go,and are on hold, generally for funding reasons. Correct. Mr.Hanson: I think that's correct, sir. Mr. Camp: And that there are another ten plus projects that we as a city have not yet identified more than four hundred million dollars to fully fund that are in the CIP. These are the outer years. The balance to fund, as currently depicted. Mr. Hanson: Part of that, I think, is descriptive of the Independence 264 Interchange, which is not exactly one hundred percent. But the point being, yes, sir, there is a large, unfunded amount for roadway construction that we're still looking at, yes. Mr. Camp: All right. And the reason I'm going through this point here is with regard to Shore Drive Phase Four. You're at an early stage of the design. As I look at this part of the CIP, and the CIP is how the city executes its portion of the comp plan. That's why I'm talking about it. It's part of our land use plan, the city's part that we have to build. When I look at this, I see Shore Four being no sooner than five years out, and I think that would be optimistic to find the funding, given the competing priorities, and finish out all of the preliminary type of steps that need to occur for a road project of that magnitude. Mr. Hanson: You've caught me a little off guard because I don't have the planning documents at my disposal, but that does seem reasonable. I'm looking behind me as if Kathy knows the CIP better than I do,but that certainly seems reasonable. Mr. Camp: All right, because as a planning commissioner, what I'm having to wrestle with here is something that isn't going to have a lot more of the definition we would really like for a couple years. It sounds like. Mr. Hanson: Well, I do believe that we have funding that will allow us to move into the design phases. So, we hope to be able to put some numbers to it, but it's still probably a good 36 months or so. Mr. Camp: You've been very indulgent with my questions. Thank you for bringing the rest of this information onto the record for us. Mr. Hanson: Can I help anybody else with anything while I'm here? All right. Thank you. Ms. Schoonover: Commissioner Schoonover. I just wanted to make a motion. I'll wait. Ms. Cuellar: Oh,thank you for coming today. I'm not an engineer, and I'm concerned with tidal flooding, because I understand, of course, we want development, we want responsible development, but we must have the infrastructure to support it. And we received dozens and dozens of letters of opposition. I'm not sure I've ever, in my two and a half years on this commission, I'm not sure if I've ever received so much opposition as I have on this one. And the people who live there tell us we can't handle this because of flooding and because of traffic. So, I just appreciate if you could address that for me. Mr. Hanson: Well, thank you for the opportunity. You mentioned tidal flooding. A big part of what we're looking at, and we're working on with the Army Corps of Engineers right now, is the Coastal Storm Risk Management project,or the CSRM. For folks in this area,they will have heard us talking about a barrier that we are proposing, in conjunction with the Army Corps of Engineers, to be constructed at the Lesner Bridge. That would affect the impacts of tidal flooding significantly. Imagine, if you would,when high tides—really high tides—due to offshore storms, coastal storms, were coming in. If we could close that gate and prevent that water from coming in,which would have a definite impact as it came up Pleasure House Creek and into this area. The other part that we're doing for this area is, as part of the Shore Drive Four improvements, is to lift the road up itself. We're actually elevating it,and because we're doing that,when that water drains off, it will drain into a lower area. But because it's lower than the outfall, that's what we need the pump station for. So, we will have raised the road. We will have tried to intercept the water coming in from a coastal storm, and that should make a huge, significant difference. Now those are projects that are going to take several years ahead of us,but we're working diligently on them to make them happen now. Ms. Cuellar: I appreciate your response. Raising the road and those kinds of things make sense to me. Fighting Mother Nature by putting up a wall makes very little sense to me. I don't think we're ever going to beat Mother Nature. Let's work with her instead of against her. So tell me, this project, particularly, does this project in your mind exacerbate the issues that the neighbors who live there now tell me they're overwhelmed with,and that's primarily flooding and traffic and safety? I've heard a lot of safety concerns about Shore Drive being the most dangerous road in Virginia Beach, and so many deaths. Mr. Hanson: Well, I don't believe that Shore Drive is the most dangerous road. I'm sure we all have perceptions where we live, and the things that we see, and our perception is local. It is not the most dangerous road to the best of my knowledge. I will tell you that the Shore Drive Phase Four improvements will make a marked improvement to Shore Drive. They're not capacity enhancing significantly. So, there will be some minor improvements for capacity. Some of the work that we're doing,they will defmitely improve the flow of traffic. As it relates to this project and the flooding as a result of this development, as has been stated both by Ms. Murphy and by myself, in the design process, they are required to meet the city's very stringent stormwater standards in order to move forward in the design process. And so,it will not be discharging more water than it does today,and it will be discharging it in a cleaner fashion than it is today. As has been pointed out,it's an undeveloped parcel;really, it's dirt,and when the water hits it, it's just running off. So, we would anticipate an improvement over what runs off the site today. I hope that's helpful. Thank you. Mr. Cromwell: Commissioner Cromwell. Two quick questions about what you were just talking about: if they develop the ten single-family units or the ten townhouses with the PD-H 1 that's there now, or if they do the 52-unit condominium, as far as stormwater and the systems between the two, which is more efficient? Mr. Hanson: The requirement is the same, sir. They're not allowed to increase the flow off the property. Mr. Cromwell: So equal with both,then. Mr. Hanson: Well, yes. I mean, ostensibly, yes. How they would get there might be different. There might be a plus or minus, depending upon how they got there. But yes, sir. Mr. Cromwell: I see. All right. Mr. Hanson: Thank you. Ms. Schoonover: Thank you. Mr. Coston: Commissioner Schoonover. Back to you again. Ms. Schoonover: I move that we approve this project. I love it. I think it's a vast improvement for this area. I think it's going to solve some of the stormwater problem. I love that it's mixed use. I can't wait to see this go through. Mr. Coston: It's been moved by Commissioner Schoonover and seconded by Commissioner Anderson that we approve. Mr. Plumlee: Chairman, if I may, I'm abstaining from this matter for reasons set forth in a letter with the City Attorney's Office. Mr. Coston: Yes, sir. Mr. Camp: Will we have discussion now that there's a motion on the table? Mr. Coston: If you... Mr. Camp: Is discussion open now? Mr. Coston: Okay,yes, yes, sir. If you want to discuss. Mr. Camp: Yes. I have had fifteen hours of phone calls, dozens of emails, read hundreds of pages of reports, listened to all the speakers,been on site. I've tried to take it all in here. It doesn't matter a bit to me for the thing that we're voting on all of the prior variations, we're dealing with what's here today. But I do appreciate that the applicant has engaged with the community and has tried to modify their proposal to accommodate the community in the current iteration. It is my assessment that I have to hold the public interest higher than a private interest. When City Council has raised it to the magnitude that we have with stormwater mitigation and our primary roads, these are not incidental factors; these are major factors that involved a bond referendum, and, as we went through earlier, hundreds of millions of tax dollars and priorities. Taking an option off the table for our engineers,making their work harder, is not in the public interest. Now, that does have to be weighed against the private interest. Had the applicant come forward today to say that they wanted to build what they can build by right, that could be weighed very easily. But that's not what they're asking. They're asking to intensify the use by five times. And I can't support that. I cannot support taking options off the table that we may need to execute major public initiatives for the public good. It floods there now. The traffic is impaired now with a level D service. We just heard the Public Works director say, even after Shore Four is done, it's not going to change the capacity that much. And this is going to add another ten percent to the overage that's already there. For these reasons, among many others, I cannot support this motion. Mr. Coston: Any further discussion? Yes. Vice Chair. Ms. Byler: This is a really difficult application for me, as Commissioner Camp just said. I've spent dozens of hours looking at this and listening to people,talking with concerned citizens, some of whom are my very close friends,and I am very compassionate for the problems of Shore Drive. I'm a big supporter of mixed-use buildings because it's what we've just spent a lot of time on, a new comprehensive plan coming up with, and it's supposedly going to be part of the fix of the new vision, and it's what's going to make it all work and take some of the cars off the road, and to make our communities more walkable and more livable, and I know that's something that we all want. I very much appreciate the applicant's approach to this and that everything has been done first class, and all of the outreach. I have to admit, I'm very surprised, after all that outreach, that we still have so many people opposed to it. So, after all those meetings, I would have thought that there had been more compromise or somehow reached a project that more people were in favor of. So there's still a lot of people opposed to this. While I'm in favor of responsible development, the city must meet that with infrastructure that is balanced. We can't build things where there are no roads, where there are inadequate roads. We can't allow things that don't have the support they need. So, again, this is a real difficult one for me. I'm inclined at this point, and now that we're calling for the vote, I'm inclined to favor it. But I will say that I hope before it gets to City Council, some of these other issues are worked out. Thank you. Mr. Coston: Ms. Hippen. Ms. Hippen: As I stated earlier, I live over near Magnolia Run, Magnolia Chase, the Cascades, and Infinity. When Magnolia Chase was put in, I used to have to go up and down Centerville Turnpike because Lynnhaven Parkway did not go through to Volvo, nor did Volvo go through to Kempsville Road. Magnolia Run was then put in, and there was a cul-de-sac just on the other side of that. We do need to ensure that infrastructure meets the needs of the community. However, Shore Drive gets a lot more attention than Centerville Turnpike. Shore Drive is scheduled to be widened. Unfortunately, we've got budgetary concerns that are difficult for the city to meet because the state is having trouble,because the federal government is having trouble. Mixed use is pretty good. I'm glad that this design says no noxious uses for that business. The only thing that I don't think that I heard was the impact on schools. I think that's the one thing I didn't hear. And over in my neck of the woods,there is an apartment complex being planned, and that was one of the first things that was asked. So, there was a lot of outreach, from what I am hearing. I am disappointed that there are a lot of folks here, including some friends, who do not like this. And that's all I'm going to say. Ms. Moorjani: I was going to say something. I believe the applicant has done a very good job. I sit on the Bayfront Advisory Commission; they've been incredibly responsive. One thing that we're not talking a lot about that is a priority for our city council is that we do have a housing crisis. No project is perfect. I do believe, with the stormwater regulations that we have, that this will be managed by the applicant, and it will have an opportunity to increase our housing allotment for our residents, so that we can continue to grow our economies. So, I'm going to be supporting this application. Mr. Coston: Are we ready for the vote? Call for the vote. Madam Clerk. Clerk: The vote is open. Mr. Coston: Yes. Clerk: Commissioner Mauch. Mr. Mauch: Aye. Clerk: Commissioner Camp. Mr. Camp: Nay. Clerk: Commissioner Cromwell. Mr. Cromwell: Aye. Clerk: Commissioner Anderson. Mr.Anderson: Aye. Clerk: Vice Chair Byler. Ms. Byler: Aye. Clerk: Chair Coston. Mr. Coston: Aye. Clerk: Commissioner Cuellar. Ms. Cuellar: Aye. Clerk: Commissioner Schoonover. Ms. Schoonover: Aye. Clerk: Commissioner Plumlee. Mr. Plumlee: Abstain. Clerk: Commissioner Hippen. Ms. Hippen: Aye. Clerk: Commissioner Moorjani. Ms.Moorjani: Aye. Clerk: By a recorded vote of nine to one,with one abstention from Commissioner Plumlee, items thirteen and fourteen, Shore Drive Area Properties LLC,has been recommended for approval. Our next item is item twenty, Charlene Livers. Mr. Coston: We need a break before we get started. Ms. Cuellar: Yes. Can we just like do a little exercise? We've all been sitting for so long. Mr. Coston: Well, I have a request for about a five-minute break. So, give us about five or ten minutes, and we'll be right back with you. Thank you. Vote Tall Commission Member AYE 9 NAY 1 ABS 1 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moorjani X Mauch Ix Proffers Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL SITE DEVELOPMENT PLAN", prepared by Timmons Group dated May 12, 2026 ("Conceptual Site Plan"),which has been exhibited to the Virginia Beach City Council ("City Council'), is on file with the Virginia Beach Department of Planning & Community Development("Planning Department") and is included herein by this reference. Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 2 The architectural design, appearance and exterior building materials of the building to be built on the Property shall be substantially compatible with the architectural design, appearance and exterior building materials depicted on the building renderings entitled "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL RENDERINGS", dated December 19, 2025, prepared by Cox, Kliewer& Company, P.C. and the building elevations entitled "SHORE DRIVE CONDOMINIUM PROJECT MATERIAL SAMPLE ELEVATION", dated January 28, 2026, prepared by Cox, Kliewer& Company, P.C., which have been exhibited to City Council, are on file with the Planning Department and are included herein by this reference. Proffer 3 The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL LANDSCAPE PLAN" prepared by Timmons Group dated May 12, 2026 ("Landscape Plan"), which has been exhibited to City Council, is on file with the Planning Department and is included herein by this reference. Significant changes to the Landscape Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 4 All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 5 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 6 A designated pet relief area will be provided on the Property for residents. Proffer 7 Prior to final site plan approval, GRANTOR will convey to GRANTEE a public access easement for portions of the multi-use trail along Shore Drive that are located outside the existing public right-of-way. Proffer 8 The following uses will be prohibited on the Property whether by right or with a conditional use permit: bars and nightclubs; liquor stores and the sale of vape products. Proffer 9 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. Conditions 1. There shall be a 15-foot setback for portions of the building and associated balconies along Clipper Bay Drive. This 15-foot setback is a deviation from the 30-foot setback required by the City Zoning Ordinance. 2. There shall be an approximate 8-foot increase (43 feet in height) above the maximum permitted height within 100 feet of a residential dwelling solely to accommodate localized stairwell projections that provide rooftop access at the southern end of the building. This 43-foot height is a deviation from the 35-foot height maximum required by the City Zoning Ordinance. 3. The site shall be developed in substantial conformance to the conceptual site plan entitled " SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL SITE DEVELOPMENT PLAN", prepared by Timmons Group, dated May 12, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. The site shall be developed in substantial conformance to the conceptual landscape plan entitled "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL LANDSCAPE PLAN", prepared by Timmons Group, dated May 12, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 5. The architectural design, appearance and exterior building materials of the building shall be developed in substantial conformance to the building renderings entitled "SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL RENDERINGS", dated December 19, 2025, prepared by Cox, Kliewer & Company, P.C. and the building elevations entitled "SHORE DRIVE CONDOMINIUM PROJECT MATERIAL SAMPLE ELEVATION", dated January 28, 2026, prepared by Cox, Kliewer& Company, P.C., which have been exhibited to City Council, are on file with the Planning Department and are included herein by this reference. 6. An eight-foot-tall privacy fence shall be installed and maintained along the southern property line. The fence shall be constructed of a wood-like, low-maintenance material and finished in an earthtone color, as depicted on the building renderings referenced in Condition 5. 7. 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. 8. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval during the final site plan review. 9. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Erica Rorrer via email: ericarorrer@gmail.com June 8, 2026 Planning Administration City of Virginia Beach 2403 Courthouse Drive, Building 3, Virginia Beach, VA 23456 City Council 2401 Courthouse Drive Virginia Beach, VA 23456 RE: Marlin Bay Proposed Condos Dear Members of the Planning Commission and Virginia Beach City Council, As a long-term homeowner and resident in Ocean Park, I am writing to express my support for the proposed Marlin Bay condominium project on Shore Drive. I was a member of the silent majority who did not speak up to support the previous development on this corner and I am writing today to not repeat that mistake. While I believe the previous development proposal, which included the Browning parcel, was an excellent plan—and perhaps even superior in some respects due to its additional green space, larger biking/walking paths, greater setbacks from Shore Drive and more commercial space—the current proposal remains a strong and worthwhile development for this site. Given the reduced acreage now available, the applicant has designed a project that is aesthetically pleasing and will be successful and beneficial to the Shore Drive corridor. One particularly positive aspect of the proposal is that it consists of condominiums rather than apartments, as previously proposed. Owner-occupied housing often creates a greater sense of long-term community investment and stability, which is an asset for the surrounding neighborhoods. The property's current use as a boat trailer storage yard is both unsightly and an inefficient use of valuable waterfront-adjacent land. The site generates minimal economic benefit, contributes little to the tax base, and does not represent the highest and best use of this prominent location. There is also a legitimate concern that if this project is rejected, the property could remain in its current condition indefinitely. The continued existence of a boat trailer "graveyard" at this location would not serve the interests of the Shore Drive community or the city as a whole. I am also encouraged by the involvement of McLeskey as developers. They have a long and respected history of developing quality projects throughout the region and have earned a reputation as trusted stewards of the area. Their early involvement as residential developers in the Shore Drive corridor has continued for decades including working with the city and conservation partners to create what is now known as Pleasure House Point, permanently sparing our sandy shores and wetlands from major commercial and residential development. Their track record gives confidence that this project will be developed responsibly and with consideration for the community. For these reasons, I respectfully urge the Planning Administration and City Council to approve the Marlin Bay project as it is a quality development that will improve the appearance of the site, generate tax revenue, provide desirable owner-occupied housing, and contribute positively to the ongoing evolution of the Shore Drive corridor. Thank you for your time and consideration. Sincerely, Erica Rorrer cc: Shore Drive Area Properties, LLC LRNow June 8, 2026 Planning District Commission City of Virginia Beach Re: Support for the Proposed Shore Drive Condominium Development at Shore Drive and Marlin Bay Drive Dear Members of the Planning District Commission: On behalf of Lynnhaven River NOW (LRNow), I am writing in support of the condominium development proposed by the McLeskey Group at the corner of Shore Drive and Marlin Bay Drive. As an organization dedicated to restoring and protecting Virginia Beach waterways and natural areas, LRNow recognizes that one of the most effective ways to improve stormwater management in developed areas of our city is through redevelopment. Many older properties were constructed before modern stormwater regulations existed and therefore contribute significant volumes of untreated runoff to nearby waterways. Redevelopment projects provide valuable opportunities to replace outdated conditions with modern infrastructure that reduces pollution and improves water quality. The existing site is currently used primarily as a boat storage facility consisting of compacted soil and gravel surfaces that generate substantial stormwater runoff. The property does not currently contain an on-site stormwater management system to slow, capture, or treat runoff before it reaches Pleasure House Creek. The proposed redevelopment will significantly improve these conditions. The development team has indicated that the project will meet all applicable stormwater management requirements established by the City of Virginia Beach and the Commonwealth of Virginia. The proposed stormwater system will capture and detain runoff on-site, reducing the volume and rate of discharge while allowing pollutants and sediment to be removed before water leaves the property. The facility will be designed to meet state and local standards, incorporate monitoring and maintenance features, and be maintained regularly in accordance with manufacturer recommendations and City requirements. These improvements will greatly reduce pollutants entering Pleasure House Creek and help manage stormwater flows that can contribute to localized flooding. From an environmental perspective, this represents a substantial improvement over existing site conditions. 3712 Holland Road, Virginia Beach, VA 23452 www.LRNow.org 757-962-5398 In addition, representatives of the McLeskey Group have met with LRNow staff to discuss opportunities to incorporate native plant species into the landscape design. We appreciate their willingness to consider a landscape that reflects the natural character of nearby Pleasure House Point. Native vegetation provides important habitat and food sources for pollinators, birds, and other wildlife while requiring fewer inputs and supporting healthier ecological systems. By incorporating native plantings, the project can help extend some of the ecological benefits of the protected natural areas at Pleasure House Point into the surrounding developed landscape. We believe this redevelopment presents an opportunity to improve environmental conditions on a currently developed site while contributing to the long-term health of the Lynnhaven watershed. For these reasons, LRNow supports the proposed development and encourages the Planning District Commission to give it favorable consideration. Thank you for your time and consideration. Sincerely, t9v4�7 Karen g Executive Director June 1, 2026 Dear Marchelle, On May 21, 2026,the Bayfront Advisory Commission voted 8-2 to support Shore Drive Area Properties, LLC s request for a Conditional Rezoning and Conditional Use Permit to develop a multifamily residential building with commercial retail,with the following conditions: 1. A request for more horizontal articulation of the building, rather than its current vertical design,to be in better keeping with the Shore Drive Corridor Design Guidelines. 2. A request to reduce the height of the building at the corner of Shore Drive and Marlin Bay, either by pulling back the upper floor a minimum of 10 feet or possibly eliminating the two upper floor units to better align with the Shore Drive Design Guidelines. 3. A request for increased use of permeable materials on the site. These conditions brought forward by the Commission were strongly felt. The vote to recommend approval would have been substantially altered without these conditions and the conditional nature of the recommendation for approval of the application must be stressed. The Commission appreciates the inclusion of new proffers#6 and#8 to further address some of the BAC s concerns that were brought up after the project was presented to the Design/Infrastructure Committee on May 14, 2026. Should you have any questions, I can be contacted at awrl95@icloud.com Thank you, Andrea Lindemann Chair, Bayfront Advisory Commission Cc: Joe Bovee, Chair BAC Design Committee Sandy Cohen, Chair BAC Infrastructure Committee Hank Morrison, Comprehensive Planning Administrator From: Carrie Walker To: Planning Commissioners Subject: Marlin Bay project Date: Monday,June 8,2026 5:27:36 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. To the Planning Commissioners of the Marlin Bay project, I am writing regarding the proposed development at Marlin Bay and Shore Drive. I recognize this proposal has evolved from prior concepts and appears to be an improvement over previous high-intensity projects considered for this corridor. My concern is not whether redevelopment should occur, but whether the current proposal appropriately fits the environmental, infrastructure, and neighborhood realities of Shore Drive. As discussion continues among residents, civic leaders, and advisory groups, recurring concerns remain around scale, density, height, and the cumulative impacts development can create in this area. I respectfully ask the Commission to consider modifications and mitigation measures before approval, including: • Reducing overall density and/or building height to better transition adjacent to existing townhomes and nearby residential character • Increasing setbacks, buffering, and landscaping to preserve neighborhood compatibility • Requiring additional analysis and mitigation for traffic flow, seasonal congestion, and emergency access along Shore Drive • Evaluating parking adequacy to reduce overflow impacts on surrounding neighborhoods and public access areas • Strengthening stormwater protections and reviewing cumulative flooding impacts in an already sensitive coastal corridor • Protecting environmental resources adjacent to the project, including impacts to nearby natural areas and wildlife habitat associated with Pleasure House Point Natural Area • Considering the cumulative effect of continued upzoning and increased intensity along Shore Drive rather than evaluating projects in isolation Shore Drive is valued because of its balance between neighborhoods, coastal ecosystems, natural spaces, and local access. Once scale and density decisions are approved, the impacts to character and infrastructure become long term. I respectfully request that any approval include meaningful modifications that reduce impacts and improve compatibility with the surrounding community. Thank you for your consideration and service to Virginia Beach residents. Have a great day, Carrie Walker From: Jennifer Concepcion To: Planning Commissioners Subject: Marlin Bay Date: Tuesday,June 9,2026 2:39:54 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 Planning Commissioners: My name is Jennifer Concepcion and I am a 25 year resident of the Ocean Park neighborhood in Virginia Beach. I am writing regarding the proposed development at Marlin Bay and Shore Drive. I recognize this proposal has evolved from previous concepts and attempts to offer an improvement from previous high-intensity projects in the neighborhood. My concern is not whether redevelopment should occur, but whether the current proposal appropriately fits the environmental, infrastructure, and neighborhood realities of Shore Drive. As discussion continues among residents, civic leaders, and advisory groups, recurring concerns remain involving the proposal's scale, density, height, and the cumulative impacts development can create in this area. I respectfully ask the Commission to consider modifications and mitigation measures before approval, including: • Reducing overall density and/or building height to better transition adjacent to existing townhomes and nearby residential character. • Increasing setbacks, buffering, and landscaping to preserve neighborhood compatibility. • Requiring additional analysis and mitigation for traffic flow, seasonal congestion, and emergency access along Shore Drive. • Evaluating parking adequacy to reduce overflow impacts on surrounding neighborhoods and public access areas. • Strengthening stormwater protections and reviewing cumulative flooding impacts in an already sensitive coastal corridor. • Protecting environmental resources adjacent to the project, including impacts to nearby natural areas and wildlife habitat associated with Pleasure House Point Natural Area. We cannot look at these projects in isolation, rather we must consider the cumulative effect of continued upzoning and increased density along Shore Drive. It seems this neighborhood is frequently undervalued. We continue to have issues with flooding. We have issues with the boat ramp and overflow parking. As a neighborhood, our concerns with flooding impacts from the 5,000+ plus trees being removed were ignored. We have developers that with each build they are asking for variances and exceptions where the existing neighbors impact is not considered. These items continue to add up. Including such things as unsatisfactory beach replenishment. With that said, please listen to the community. Please do not approve such a larger project for our small neighborhood. These buildings are for the Oceanfront, not for Ocean Park. I urge our city leaders to work to maintain balance between neighborhoods, coastal ecosystems,natural spaces, and local access. Once scale and density decisions are approved, the impacts to character and infrastructure become long term and set precedent for additional high density projects. I respectfully request that any approval require meaningful modifications that reduce the above mentioned impacts and most importantly, improve compatibility with the adjacent neighbors. Thank you for your consideration and service to Virginia Beach residents. From: Gmail To: City Council;Breotnie C.N.Harrison Subject: Shore Drive Development Date: Saturday,May 2,2026 9:18:29 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 Members of the Virginia Beach City Council and Planning Commission, My name is Suzanne Ore Phelps, and I have been a resident of Virginia Beach for 68 years. I am writing to express my strong opposition to the proposed Marlin Bay Condominiums project along the Shore Drive corridor. While I appreciate the effort to revise and present the project to the community, my concerns remain unchanged. The proposed five-story condominium structure is fundamentally incompatible with the established vision, zoning intent, and environmental priorities outlined in the Shore Drive Corridor Design Guidelines and the City's Comprehensive Plan. The Shore Drive Corridor has long been guided by a deliberate and thoughtful framework. From Lake Joyce through the Green Zone, the intent is clear: preserve a quiet, open, natural, and low-density residential character. This is not incidental—it reflects a commitment to environmental stewardship and neighborhood integrity. As development moves eastward into the Mixed Zone, the Guidelines call for a gradual and respectful transition—not an abrupt shift. This area is explicitly intended for low to medium density development. A five-story condominium building represents high-density intensity and disrupts that carefully planned progression. This proposal does not create a transition—it overrides it. Equally concerning is the requested zoning change from PD-H 1, which allows a maximum of 40% lot coverage, to B-4 zoning, which permits up to 75% lot coverage. Even if the applicant proposes less coverage today, the rezoning establishes a precedent and future entitlement that significantly increases development intensity at this sensitive location. This site's proximity to Pleasure House Point Natural Area makes these concerns even more critical. This is one of the most environmentally sensitive and defining features of the Shore Drive corridor. The Design Guidelines clearly emphasize that development in this area should remain subordinate to the natural landscape, incorporating extensive greenspace, low visual impact, and unobtrusive design. A five-story structure cannot be considered subordinate to this environment. Instead, it becomes the dominant feature—visually, environmentally, and contextually. The central question is not whether this proposal is an improvement over earlier versions. The question is whether it aligns with the City's adopted plans and long-standing vision for this corridor. Approval of this project at the proposed scale would effectively redefine the boundary between the Green Zone and Mixed Zone, setting a precedent for increased density and intensity in an area where restraint has been intentional and essential. Once that precedent is established, it will be exceedingly difficult to reverse. I respectfully urge you to uphold the Shore Drive Corridor Design Guidelines, the Comprehensive Plan, and the established zoning intent by rejecting this proposal in its current form. This is a unique and sensitive area where thoughtful, measured development matters deeply—not only for current residents, but for the long-term character and environmental health of Virginia Beach. Thank you for your time and consideration. Sincerely, Suzanne Ore Phelps Sent from Suzanne's iPhone From: Alison Ruzbacki To: Planning Commissioners Subject: Marlin Bay Project Date: Thursday,May 14,2026 2:43:17 PM CAUTItlit 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. r Good afternoon, I'm writing this email to express my OPPOSITION to this project. Shore Drive cost of living is already unattainable and other similar structures near the Lesner Bridge(Cape Henry Towers, Chesapeake House on the Bay, Point Chesapeake on the Bay)host a vast number of vacant units unwanted by residents. Same in Chic's Beach with Attain. Check your local Zillow/Trulia ads. It's our civic duty to protect un(der)developed areas. We do not need more buildings,we do not need more places to live,we do not need another high-rise eye sore where no one wants to live. Ocean Park is a family neighborhood. No high rises, no complex community buildings,just townhouses and single family homes in a peaceful neighborhood. There was huge protest against the deforestation of Loch Haven Park. LOCAL RESIDENTS DO NOT WANT THIS. We do not have the infrastructure with our roadways to support this. Sincerely, Your local Shore Drive resident From: lei neski To: Planning Commissioners Subject: Upzoning Proposal Shore Drive Date: Tuesday,May 19,2026 1:45:35 PM ECAUTi0W: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 Commissioners of the City of Virginia Beach, I reside at 3780 Shore Drive which is almost directly across the street from the proposed site for the Upzoning proposal / Marlin Bay Development on Shore Drive. I have lived in my townhouse for 16 years and have seen several new residential structures built on Shore Drive within the past decade. These new housing developments have greatly increased the traffic and subsequent accidents. The pedestrian and bicycle traffic congestion has also increased in the Ocean Park neighborhood, as well as in the Pleasure House Point Natural Reserve. When there is an accident you can be literally trapped on Shore Drive and I'm sure this will occur more frequently with the increase in population. Based on what I experience on a daily basis, I do not think Shore Drive and the surrounding areas in the Ocean Park neighborhood can accommodate the tremendous amount of auto and pedestrian traffic that a large multi-story complex / 52 condos would bring to our community. My immediate neighbors in my townhouse complex as well as myself oppose this rezoning and potential development of Marlin Bay. I ask that you NOT recommend the construction of this development to city council at the June 10th meeting. Thank you for your time and consideration, Jeanine Leneski From: Karole To: Plannina Commissioners Cc: Karole Flockenbroch Burris Subject: Opposition to Proposed McLeskey Condominium Project on Shore Drive Date: Tuesday,May 19,2026 1:48:36 PM CAUTIGIN: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 Members of the Planning Commission, I am writing to express my opposition to the proposed 52-unit McLeskey condominium project on Shore Drive and to respectfully urge the Planning Commission to deny the requested rezoning application. While I understand the desire for thoughtful redevelopment and additional housing opportunities along the Shore Drive corridor,this proposal represents a significant departure from the established character,density,and environmental balance of the Ocean Park community. The requested increase from approximately 4.25 units per acre to nearly 24 units per acre is substantial and incompatible with the surrounding neighborhood pattern. Ocean Park is a unique coastal community defined by its scale,natural beauty, and longstanding residential character.A building approaching 62 feet in height,even with stepped-down transitions,would dramatically alter the visual landscape of this portion of Shore Drive and create a precedent for future overdevelopment along the corridor. This scale of construction is inconsistent with the community's identity and raises serious concerns regarding whether the project aligns with the City's stated long-term vision for the Shore Drive area. In addition,traffic and parking impacts remain a major concern. Shore Drive already experiences congestion,limited sight lines,and safety challenges,particularly during peak tourist and seasonal periods. Introducing 52 additional residential units and commercial activity will inevitably increase traffic volume and strain surrounding neighborhood streets.Overflow parking on Marlin Bay Drive and adjacent residential areas is likely to become a persistent issue,negatively affecting residents' quality of life and neighborhood accessibility. Equally concerning are the environmental impacts associated with this development. The Shore Drive corridor and surrounding bayfront areas are already vulnerable to flooding,stormwater runoff,and drainage challenges. Increased impervious surface and density in such close proximity to Pleasure House Point Natural Area could exacerbate these conditions and place additional stress on an already sensitive ecosystem. Pleasure House Point is one of Virginia Beach's most treasured natural resources. Increased residential density adjacent to the preserve will bring greater foot traffic,pet activity,noise,and environmental pressure to wildlife habitats,trails,and nesting areas. Once these impacts occur,they cannot easily be reversed. I respectfully ask the Planning Commission to carefully consider the long-term consequences of approving a rezoning of this magnitude. Development decisions made today will permanently shape the future of Ocean Park and the Shore Drive corridor. Growth should complement and protect the community's character and environmental assets—not overwhelm them. Thank you for your time and consideration. Sincerely, Karole Burris 3740 Chesterfield Ave Virginia Beach VA 23455 Burris22@verizon.net From: Kate L. To: Plannino Commissioners Cc: City Council Subject: JUNE 10 Council Meeting:Marlin Bay Date: Tuesday,May 19,2026 3:37:43 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners- Thank you for the work you're doing to make this city better for all its residents.I'm writing you today about Shore Drive,where we've made our home for many years,and the proposed multi-family dwellings at Marlin Bay. As you know,the local community vigorously opposes this high-density project.What I want to write about today is why.When we bought our home,we were drawn to the hallmarks of Ocean Park-an active coastal community with charm.It felt like a respite from the rampant over-commercialism of Lynnhaven Parkway,with its entanglement of concrete and lack of character.This project is an attempt to permanently alter the existing character of Ocean Park and the surrounding communities,and will turn this Bayfront area into another Lynnhaven Parkway-a snarl of traffic and concrete,uninhabitable for families,hostile to pedestrians,completely lacking the charm and character that have made this area desirable to both families and developers. It's a mistake. Under current zoning,the developer can already build condos and townhouses that conform to the current character and density of our area.Instead of moving forward with projects under existing allowances,they continue to try and defy existing zoning with only their own profit in mind.It is beyond disappointing.The proposed condos are not only illegal under our current zoning,they're ugly to boot.They're designed to maximize money for the developer without any consideration for the neighborhood to which they will ultimately belong.They will inescapably change our neighborhood for the worse:more traffic,more accidents,and a density which the planning community previously deemed too high for this area. I urge you to vote against this project.Please urge the developers to build the number of condos they are currently allowed by zoning and bring an end to this much-hated project and this needless dismantling of our much-loved neighborhood. All the best, Kate Lewis From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW:Marlin Bay Proposed Development Date: Wednesday,May 20,2026 7:56:40 AM From: Matthew Williford<matthewwillifordPcox.net> Sent:Tuesday, May 19, 2026 12:50 PM To: Hank Morrison<JMorrisonPvb.Qov.com> Subject: Marlin Bay Proposed Development CAUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments 1 unless you recognize the sender and know the content is safe. Mr. Morrison, I am writing to you to express my displeasure at any attempts to move forward with this unnecessary project! I am 72 years old and I grew up a stones throw from this spot on Rampart St/Ave in Baylake Pines.The area has always been a beautiful sandy marsh area full of different wild life and serenity.The area needs to, no must,stay natural to maintain the ambience of what defined this City from the beginning.WE do not need more HOUSING complexes.This City already has too much vacant housing that has not been utilized. I have witnessed this City go from a beautiful coastal City to one that has let out of control building of all type fall into vacant, hollow areas. I urge you not to move forward with this project. Sincerely, Matthew D.Williford III Sent from my iPad Matthew Williford From: Carly Swi To: Plannino Commissioners Subject: Marlin Bay Shore Drive Date: Wednesday,May 20,2026 8:55:55 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. I am writing regarding the proposed development at Marlin Bay and Shore Drive. I recognize this proposal has evolved from prior concepts and appears to be an improvement over previous high-intensity projects considered for this corridor. My concern is not whether redevelopment should occur, but whether the current proposal appropriately fits the environmental, infrastructure, and neighborhood realities of Shore Drive. As discussion continues among residents, civic leaders, and advisory groups, recurring concerns remain around scale, density,height, and the cumulative impacts development can create in this area. I respectfully ask the Commission to consider modifications and mitigation measures before approval, including: • Reducing overall density and/or building height to better transition adjacent to existing townhomes and nearby residential character • Increasing setbacks,buffering, and landscaping to preserve neighborhood compatibility •Requiring additional analysis and mitigation for traffic flow, seasonal congestion, and emergency access along Shore Drive • Evaluating parking adequacy to reduce overflow impacts on surrounding neighborhoods and public access areas • Strengthening stormwater protections and reviewing cumulative flooding impacts in an already sensitive coastal corridor • Protecting environmental resources adjacent to the project, including impacts to nearby natural areas and wildlife habitat associated with Pleasure House Point Natural Area • Considering the cumulative effect of continued upzoning and increased intensity along Shore Drive rather than evaluating projects in isolation Shore Drive is valued because of its balance between neighborhoods, coastal ecosystems, natural spaces, and local access. Once scale and density decisions are approved,the impacts to character and infrastructure become long term. I respectfully request that any approval include meaningful modifications that reduce impacts and improve compatibility with the surrounding community. Thank you for your consideration and service to Virginia Beach residents. Have a great day, Dr. Carly Swift Wave Of Life Chiropractic Center Shore Drive&Landstown Commons 757-321-7776 Wave of Life website LIKF, US on FACEBOOK! "Dedicated to transforming Virginia Beach into a community of health &vitality." The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material.Any review,retransmission,dissemination or other use of this information by persons or entities other than the intended recipient is prohibited without the original sender's prior written consent.This e-mail is for general informational purposes only and of itself creates no obligations on the part of the sender or sender's affiliates. From: Sarah Pope To: Marchelle L.Coleman: Planning Commissioners Subject: Marlin Bay Condos Date: Friday,May 22,2026 12:49:47 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. TWIMC: The proposed building of 52 units on Marlin Bay Cove does not fit the zoning constraint for the area. We all understand that the more units that are built,the more profit and tax revenue.However,doing so is not in the public's best interest.We fought to keep PHP a natural area.We do not want,nor need any more high density apartments on Shore Drive.The resources and environment will be strained. I am voicing my concern,even though it seems that it is a done deal.All the meetings are an act-a dog and pony show-to demonstrate that city council considered what the residents want.If they did care about its constituents,this area and other parcels of land adjacent to PHP would be left alone-undeveloped. The proposed five-story condo does not align with the"low density"green zone.How can this even be considered, if it's so blatantly misaligned? This area of Shore Drive is not zoned for this type of development.Please,follow the guidelines previously established. If the rezoning occurs,it will be hard to deny that corruption does not exist within the City of Virginia Beach. Developers,campaign funding and council members should be investigated. Sincerely, Sarah Pope 43 year resident of Virginia Beach Bay front community member since 2003 From: Jennifer Snyder To: Planning Commissioners Subject: Marlin Bay Proposal,Shore Dr Date: Thursday,May 21,2026 6:54:06 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. Greetings, My name is Jenny Snyder and I have been a resident of the Ocean Park neighborhood in Virginia Beach for 10 years. I am writing regarding the proposed development at Marlin Bay and Shore Drive. I recognize this proposal has evolved from previous concepts and attempts to offer an improvement from previous high-intensity projects in the neighborhood. My concern is not whether redevelopment should occur,but whether the current proposal appropriately fits the environmental, infrastructure, and neighborhood realities of Shore Drive. As discussion continues among residents, civic leaders, and advisory groups,recurring concerns remain involving the proposal's scale, density,height, and the cumulative impacts development can create in this area. I respectfully ask the Commission to consider modifications and mitigation measures before approval, including: • Reducing overall density and/or building height to better transition adjacent to existing townhomes and nearby residential character. • Increasing setbacks,buffering, and landscaping to preserve neighborhood compatibility. • Requiring additional analysis and mitigation for traffic flow, seasonal congestion, and emergency access along Shore Drive. • Evaluating parking adequacy to reduce overflow impacts on surrounding neighborhoods and public access areas. • Strengthening stormwater protections and reviewing cumulative flooding impacts in an already sensitive coastal corridor. • Protecting environmental resources adjacent to the project, including impacts to nearby natural areas and wildlife habitat associated with Pleasure House Point Natural Area. We cannot look at these projects in isolation, rather we must consider the cumulative effect of continued upzoning and increased density along Shore Drive. I urge our city leaders to work to maintain balance between neighborhoods,coastal ecosystems, natural spaces, and local access. Once scale and density decisions are approved, the impacts to character and infrastructure become long term and set precedent for additional high density projects. I respectfully request that any approval require meaningful modifications that reduce the above mentioned impacts and most importantly, improve compatibility with the adjacent neighbors. Thank you for your consideration and service to Virginia Beach residents. Jennifer Snyder,MPH,CHES From: Charlene Cerza To: Plannina Commissioners Subject: Marlin Bay/Shore Dr Date: Friday,May 22,2026 12:25:55 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. My husband and I moved into Ocean Park 5 years ago. We moved from a big house with a large lot and pool and nice neighborhood to our 2 family duplex. We love it in Ocean Park. We knew we had to make concessions due to the compact living that Ocean Park has. We now live much closer to our neighbors, share a driveway, and have limited parking for family and guests. We chose this and are fine with our decision to move here. We checked out the building restrictions for our area too due to the density of Ocean Park. I am NOT at all in favor of changing the building restrictions for the Marlin Bay project. Please adhere to the building rules that are currently in affect!!! That is all I ask of you, don't change it and make it so crowded that it won't be a nice place to still live. Thank you for your time, Charlene Cerza From: K,M To: Planning Commissioners Subject: Marlin Bay Condo Project Date: Wednesday,May 27,2026 8:40:21 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. Good morning all, I can not believe this condo project has been approved by the Bayfront planning commission. 5 more condo units, housing at least 3 people per unit is 5 too many, 52 units is unbelievable! This is the same commission as well as the city council that fought to keep I VRBO license being granted! The reason for voting against; increased traffic. This is horrible. R, Kim From: Anne Halal To: Plannina Commissioners Subject: Marlin Bay Condo project Date: Wednesday,May 27,2026 8:49:58 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. Planning Commission- I would like to express my opposition to the rezoning of the area to allow for the new bayfront development. I do think the impact on traffic,parking and overall character will impact what we love about Ocean Park. We love open views near shore drive, and the pleasurehouse point natural area. We purposefully purchased our home in Ocean park because of the overall character, nature, walkability that is so different from the other side of the Lesner bridge where the area has become overdeveloped, congested. Please do NOT approve the rezoning and development of this condo. THank you Anne Halal, 3934 Whispering Oaks Pl,Virginia Beach, VA From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW:Vote NO on the Marlin Bay Cove Condo Project!!! Date: Monday,June 1,2026 2:34:02 PM From: naneric<nanericC5)cox.net> Sent: Monday,June 1, 2026 1:49 PM To:Joashua F. Schulman <JSchulmanPvbgov.com>; Breotnie C. N. Harrison <BNHarrisoPvbgov.com> Subject:Vote NO on the Marlin Bay Cove Condo Project!!! 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:Joash Schulman The proposed building of 52 units on Marlin Bay Cove does not fit the zoning constraint for the area. We all understand that the more units that are built,the more profit and tax revenue. However, doing so is not in the public's best interest. If you approve a building of this scale, at this location, you are not just approving a project.You will be resetting the dial for what this boundary means going forward. I fought to keep Pleasure House Point a natural area. I do not want, nor need any more high density apartments on Shore Drive.The resources and environment will be strained. I am voicing my concern, even though it seems that it is a done deal.All the meetings seem to be an act to demonstrate that you and the rest of VB city council are considering what the residents want but your vote does not reflect what we want. If you care about your constituents then this area and other parcels of land adjacent to PHP should be left alone and undeveloped. The proposed five-story condo does not align with the"low density"green zone. How can this even be considered, if it's so blatantly misaligned? This area of Shore Drive is not zoned for this type of development. Please,follow the guidelines previously established. If the rezoning occurs, it will be hard to deny that corruption does not exist within the City of Virginia Beach. Developers, campaign funding and council members should be investigated. Sincerely, Nancy Poutiquen 21 year resident of Virginia Beach Sent from my Ga[axv From: Sandra Dawe To: Plannina Commissioners Subject: Opposition to Proposed 52-Unit Marlin Bay Project Development Date: Monday,June 1,2026 6:38:26 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern: I respectfully oppose the proposed rezoning and development of 52 condominium units at Marlin Bay Drive. This proposal does not appear to align with the existing zoning, the established vision for the Shore Drive Corridor, or the low-density character of this portion of the community. While I understand the desire to maximize development opportunities, land-use decisions should be guided by adopted plans, infrastructure capacity, environmental considerations, and the long- term interests of residents. The proposed five-story condominium development is inconsistent with the low-density green zone designation and represents a significant increase in intensity for this location. If adopted planning documents and zoning guidelines are to have meaning, they should be followed rather than set aside whenever a higher-density proposal is presented. In addition, Shore Drive already experiences substantial traffic congestion during peak periods, weekends, and tourist season. Adding 52 residential units, along with the proposed B- 4 commercial zoning,will generate additional vehicle trips and further strain an area that is already challenged by traffic,parking,pedestrian safety concerns, and limited roadway capacity. I also question the necessity of including B-4 zoning within a condominium development. Commercial uses are already available throughout the Shore Drive corridor. Introducing additional business uses within this project creates the potential for increased traffic,parking demand, deliveries,noise, and future uses that may not be compatible with the surrounding residential community. Many residents worked diligently to preserve nearby natural areas, including Pleasure House Point, because they recognize the environmental and community value these spaces provide. Continued pressure for higher-density development adjacent to these areas risks undermining those efforts and placing additional strain on local resources and infrastructure. I urge city officials to uphold the zoning and planning principles that have guided development in this area and deny this rezoning request. Residents deserve confidence that established land-use policies will be applied consistently and that community input is genuinely considered in the decision-making process. Thank you for your consideration. Sincerely, Sandra Dawe Ocean Park Resident From: Michael Dawe To: Plannina Commissioners Subject: Opposition to Marlin Bay Drive Rezoning and 52-Unit Condominium Development Date: Monday,June 1,2026 6:39:21 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern: I am writing to express my strong opposition to the proposed rezoning and construction of a 52-unit condominium development at Marlin Bay Drive, including the request for B-4 Conditional Business zoning. This proposal is fundamentally inconsistent with both the existing zoning and the long-established vision for this portion of the Shore Drive corridor. While I understand the desire for economic development and increased tax revenue, those goals should not come at the expense of sound planning, neighborhood compatibility, and the commitments that have been made to residents regarding the future character of this area. The proposed five-story, 52-unit development is a dramatic departure from the low- density character that defines this part of Ocean Park. Residents have relied on adopted zoning regulations and planning documents to provide a reasonable expectation of how their community will develop over time. If those standards can be set aside whenever a developer seeks greater density, then the public is left wondering what purpose those plans serve in the first place. I am also concerned about the precedent this rezoning would establish. Approving a project of this scale in an area designated for lower-density development sends the message that established land-use policies are negotiable rather than meaningful. Once such exceptions are granted, it becomes increasingly difficult to defend the integrity of the City's planning process in future cases. Traffic impacts cannot be overlooked. Shore Drive already experiences significant congestion, particularly during weekends, holidays, and the tourist season. Adding 52 residential units and a commercial component will inevitably increase vehicle trips in an area that already struggles with traffic flow, pedestrian safety, and limited roadway capacity. The impact will extend beyond Shore Drive itself. Marlin Bay Drive and neighboring residential streets are likely to experience increased cut-through traffic as drivers seek alternate routes around congestion. Residents should not be expected to absorb additional noise, traffic, and safety concerns resulting from a development that is out of scale with the surrounding neighborhood. I also question the need for B-4 business zoning at this location. Commercial services are already readily available throughout the Shore Drive corridor. Introducing business uses into the heart of a residential neighborhood creates the potential for additional traffic, deliveries, parking demands, and future uses that may be incompatible with the character of the surrounding community. Perhaps most troubling is the location of this project directly across from Pleasure House Point. The City, conservation organizations, and local residents invested tremendous effort to preserve this unique natural area because of its environmental, recreational, and community value. Constructing a large, high-density development at its doorstep would significantly alter the character of the area and diminish the setting of one of Virginia Beach's most important natural assets. The issue is not whether this property should be developed, but whether it should be developed in a manner that is consistent with existing zoning, adopted plans, and the character of the surrounding neighborhood. Residents are not opposing this project simply because it represents change. We are opposing it because it conflicts with established plans, exceeds the scale and density envisioned for the area, introduces unnecessary commercial zoning, and threatens the character of a neighborhood and natural resource that make this part of Virginia Beach special. As a long-time Ocean Park resident, I chose to live in this community because of its unique character, environmental resources, and lower-density development pattern. Those qualities deserve to be protected and should not be compromised by development that is inconsistent with the vision residents and City leaders have worked to establish. I respectfully urge the Planning Commission to recommend denial of this application and ask City Council to reject the requested rezoning. Doing so would demonstrate a commitment to the City's adopted plans, to responsible growth, and to the residents who have invested their lives in this community. Thank you for your time, consideration, and service to the citizens of Virginia Beach. Sincerely, Michael D. Dawe Commander, U.S. Coast Guard (Retired) 3632 E Stratford Rd. Virginia Beach, VA 23455 757-617-0673 From: Deborah Williams To: Plannino Commissioners Subject: Marlin bay Date: Monday,June 1,2026 7:36:16 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I've been an ocean park resident for over 20 years.Over the years ocean Park has been hammered with so much destruction.The destruction of PHP.Trying to change the Baptist church on DuPont circle to an event venue to a B4 zone property,the public boat ramp and now we're faced with Marlon Bay again. We do realize that building units on Marlon Bay is destined to happen.The problems I have are the rezoning of property to B4 in our neighborhood. We fought to eliminate the church from doing the same thing.The reason is we didn't want alcohol in our neighborhood plus limited parking.If the developer wants stores then it should face Shore Dr,not into our neighborhood.Another issue I have is the traffic.For the 52 units there will be at approximately 2 cars per each unit.That's an additional 104 cars or more.We are already over crowded with traffic.Add tourism and special events with the residents that pay taxes.We feel you don't give the tax payers of ocean park any kind of grace, instead the developers and builders are given whatever they want.The residence want some kind of consideration on the decisions,the city makes when developing areas around us(especially when we are the ones impacted by your decisions).I don't think we ask much out of the elected officials except represent the people that put you in office. Without us you wouldn't have a job.Thank you for considering our issues in this manner. Debbie Williams 3650 DuPont Circle iurap.>ti Y N:6 r,:N:fA Yr1 carman nw aorta«�woda,m,wwawdtyarn�g.a..d�.bo�o<:�.ik�nk.o;rn.�,wd,.,�r.w�mwr.�.a•rn.,.ne..�ek�.we...e�.r. CAROL MERWIN<carolmerwln4l ftmail.cg-ml Mon,Jun 1,10.31 PM(23 hours ago) to Plan nlogCommissbn G Myame n m Ceml Menm aW 1 an a resiJent d Ne Ocean Fork rggbborlro,d m Vngmlo Be«b. am wming regarbrg the proposed deveMrgrlenl at Male Bev aM sttora Dove recognize tMs ptopo,al rMs evWeO M1wn pevaus cmcepis atW anerr�6lo Doer on npovartent tmm pr.—hlgh-t n—ny polecis n 1M nagtdorbood CRY cnnaarn s not WeNer nWevelognae strotd0«cur,w wllaifer ibe nxrent vo i aPVr"at,'Rts tfe enwravner w rdresbucMe,antl nagbbafao0 roaMlas of sMra Onve &arscv—n cmmaws snag readans,avlc Irgdas,and ad ns«v groups.recamrg cancans remora,mwl Ne proposers scab,density.haghl,ab me o—Aawe�mpans davek—t can creel,In Ns arse I respecddN ask the Cgtaassbn to can:smer rrwdNcetpns end nutg.t-measures before approval.rcludrg •Ralwing overall do"alydor 6—I g hagM to better trensilwn adlacant to Glmblg lownllnres and neaby n—nlgl cParacta. •Increasng setbacks,buffemg,,ni In—,gng to preserve-ghborhw compatibbkty Ralumig xddnorwti analyvs—miligatnn kr trena fbw,seasonal cmgeshm,and emergency access along Shwa Dnve •Evakwag parking akamcy to redwe ovaflnw im(`Acls on sun--g reghMrh,ods aA pudic ec •Strergmenng stormweter pmkcams eM revimwrg cumdavve fbo]ng impnccs in en ekeady ser¢Nve coastal paodar •Rotectag en ,nalni resources ay—to Ne protect mcbdng impacts to nearby m—1 aaas ana w 11,badlat—atad wM Reesure/base PqM Natural Aree we caatot b,k at grew Maleck m—at—rattler we must ca—the cwn W—affect of rminrxn upzmng end nueased dansily ekrg store Dnve I,rq,ow any leaders N work to maintan betake between rlei borhoods,mestal ecosystem,—1 spaces,and Iocel access Once seek and density d«rsbra ore app—d,the enPacts to tltemda atd infra—ur.become bog tam artd set precedent fa add,b hgh density prgxts. I respell request Net any approval require meaningrd madificabons that reduce In.above nreMion,d mWts at,most knpata tly,improve mmpabbAdy win the"scent raighbgrs Thank y b y r consMamlan ant write,to V,q Beatlt restletK S,—.y Card Mawr From: Brian Deschler To: Plannina Commissioners Subject: Opposition to Shore Drive Condominium Project Date: Wednesday,June 3,2026 8:34:12 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 Commissioners, My name is Brian Deschler, a resident in the Ocean Park(OP)neighborhood of Virginia Beach. I oppose the proposed Shore Drive Condominium Project at the corner of Marlin Bay and Shore Drive. The developer's proposal is not a good fit with the characteristics of the residential properties in OP. I am against using the south side of Shore Drive to build a 52-unit building. All other similar multi-unit buildings are located on the north side. Additionally, the current multi-unit building exteriors are a better match with the exteriors of the residential properties. The proposed development has extensive glass which make it look too glitzy(more like Orion's Roof vs.an OP property). I also oppose any rezoning variance which increases the allowable density from 4.25 to nearly 24 units per acre. Regards, Brian Deschler 3626 E Stratford Road. From: Deborah Williams To: Planning Commissioners Subject: Re:Marlin bay Date: Wednesday,June 3,2026 5:33:37 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 Planning Commissioners: My name is Debbie Williams and I am a resident of the Ocean Park neighborhood in Virginia Beach.I am writing regarding the proposed development at Marlin Bay and Shore Drive.I recognize this proposal has evolved from previous concepts and attempts to offer an improvement from previous high-intensity projects in the neighborhood.My concern is not whether redevelopment should occur,but whether the current proposal appropriately fits the environmental,infrastructure,and neighborhood realities of Shore Drive. As discussion continues among residents,civic leaders,and advisory groups,recurring concerns remain involving the proposal's scale,density,height,and the cumulative impacts development can create in this area. I respectfully ask the Commission to consider modifications and mitigation measures before approval,including: •Reducing overall density and/or building height to better transition adjacent to existing townhomes and nearby residential character. •Increasing setbacks,buffering,and landscaping to preserve neighborhood compatibility. •Requiring additional analysis and mitigation for traffic flow,seasonal congestion,and emergency access along Shore Drive. •Evaluating parking adequacy to reduce overflow impacts on surrounding neighborhoods and public access areas. •Strengthening stormwater protections and reviewing cumulative flooding impacts in an already sensitive coastal corridor. •Protecting environmental resources adjacent to the project,including impacts to nearby natural areas and wildlife habitat associated with Pleasure House Point Natural Area. We cannot look at these projects in isolation,rather we must consider the cumulative effect of continued upzoning and increased density along Shore Drive. I urge our city leaders to work to maintain balance between neighborhoods,coastal ecosystems,natural spaces,and local access.Once scale and density decisions are approved,the impacts to character and infrastructure become long term and set precedent for additional high density projects. I respectfully request that any approval require meaningful modifications that reduce the above mentioned impacts and most importantly,improve compatibility with the adjacent neighbors. Thank you for your consideration and service to Virginia Beach residents. >On Jun 1,2026,at 7:35 PM,Deborah Williams<iladeb@icloud.com>wrote: >I've been an ocean park resident for over 20 years.Over the years ocean Park has been hammered with so much destruction.The destruction of PHP.Trying to change the Baptist church on DuPont circle to an event venue to a B4 zone property,the public boat ramp and now we're faced with Marlon Bay again. We do realize that building units on Marlon Bay is destined to happen.The problems I have are the rezoning of property to B4 in our neighborhood. We fought to eliminate the church from doing the same thing.The reason is we didn't want alcohol in our neighborhood plus limited parking.If the developer wants stores then it should face Shore Dr,not into our neighborhood.Another issue I have is the traffic.For the 52 units there will be at approximately 2 cars per each unit.That's an additional 104 cars or more.We are already over crowded with traffic.Add tourism and special events with the residents that pay taxes.We feel you don't give the tax payers of ocean park any kind of grace, instead the developers and builders are given whatever they want.The residence want some kind of consideration on the decisions,the city makes when developing areas around us(especially when we are the ones impacted by your decisions).I don't think we ask much out of the elected officials except represent the people that put you in office. Without us you wouldn't have a job.Thank you for considering our issues in this manner. Debbie Williams 3650 DuPont Circle From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW:Shore Drive Date: Thursday,June 4,2026 12:12:13 PM From: Mary Conner<conner.1955C@yahoo.com> Sent:Thursday,June 4, 2026 11:49 AM To:City Council<CITYCOUNClU@vbgov.com>; plannin2comissioners(@vbgov.com; Breotnie C. N. Harrison<BNHarriso(@vbgov.com> Subject:Shore Drive 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 hope this letter will be considered by everyone who receives it. I have lived in Baylake Pines since 1968. I am upset by the lack of concern for the residents of Virginia Beach, especially along Shore Drive from Pleasure House Road to First Landing State Park. Why are you destroying Shore Drive Corridor? You are destroying not only the road but the communities along it as well. What has historically been such a pleasant introduction to Virginia Beach is becoming a blacktop freeway with no beauty. In addition, you are flooding the area with dense housing decisions. You are not considering the residents who live there. Please stop this destruction of Shore Drive Corridor. Thank you. Please stop this madness! Mary Elizabeth Conner 2429 Indian Hill Road Virginia Beach, VA 23455 From: Ashley Aulisio To: Planning Commissioners Subject: Marlin Bay/Shore Dr. Date: Wednesday,June 3,2026 11:45:06 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 Planning Commissioners: My name is Ashley Aulisio/Adam Fatjo and we are residents of the Ocean Park neighborhood in Virginia Beach. I am writing regarding the proposed development at Marlin Bay and Shore Drive. I recognize this proposal has evolved from previous concepts and attempts to offer an improvement from previous high-intensity projects in the neighborhood. My concern is not whether redevelopment should occur,but whether the current proposal appropriately fits the environmental, infrastructure, and neighborhood realities of Shore Drive. As discussion continues among residents, civic leaders, and advisory groups,recurring concerns remain involving the proposal's scale, density,height, and the cumulative impacts development can create in this area. I respectfully ask the Commission to consider modifications and mitigation measures before approval, including: • Reducing overall density and/or building height to better transition adjacent to existing townhomes and nearby residential character. • Increasing setbacks, buffering, and landscaping to preserve neighborhood compatibility. •Requiring additional analysis and mitigation for traffic flow, seasonal congestion, and emergency access along Shore Drive. • Evaluating parking adequacy to reduce overflow impacts on surrounding neighborhoods and public access areas. • Strengthening stormwater protections and reviewing cumulative flooding impacts in an already sensitive coastal corridor. • Protecting environmental resources adjacent to the project, including impacts to nearby natural areas and wildlife habitat associated with Pleasure House Point Natural Area. We cannot look at these projects in isolation,rather we must consider the cumulative effect of continued upzoning and increased density along Shore Drive. I urge our city leaders to work to maintain balance between neighborhoods,coastal ecosystems,natural spaces, and local access. Once scale and density decisions are approved, the impacts to character and infrastructure become long term and set precedent for additional high density projects. I respectfully request that any approval require meaningful modifications that reduce the above mentioned impacts and most importantly, improve compatibility with the adjacent neighbors. Thank you for your consideration and service to Virginia Beach residents. From: rkwhite2l To: John H.Coston Cc: Marchelle L.Coleman Subject: Proposed Marlin Bay Condo project Date: Wednesday,June 3,2026 10:52:07 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 Chairperson Coston: I wanted to take this opportunity to share my position on the proposed Marlin Bay Condo project. Born and raised in South Hampton Roads I've lived in Virginia Beach for nearly 60 years, currently living just a block away from the proposed site in Baylake Pines since 1998 and previously lived in Cape Henry Shores, Lake Shores (where I was president of their civic league) and Chesapeake Beach — all along the Shore Drive corridor. I've led local and regional government and government-affiliated economic development organizations for nearly 30 years, before retiring in 2003. During my career, I was blessed with several awards including a Proclamation by the Mayor of Virginia Beach for "Raymond White Day" and was presented with the Virginia Beach City Manager's Award for Excellence in Creativity, Innovation and Public Service. After hearing presentations and researching the proposed development, I wanted to share with you again my thoughts regarding the Marlin Bay Condo project: - This is a rework of a similar higher density project, on part (2.2 acres vs. 6.2 acres) of the land that McLeskey proposed an apartment project, several years ago. This is a Condo proposed project, rather than an apartment project. - The current zoning is Planned Unit Development District-Shore Drive Corridor (PDH1-SD). All of the housing units, directly behind the proposed project, have this same zoning designation. McLeskey would have to change the current zoning and they plan to ask for variances. Mr. Rosenfield said at this meeting, and at subsequent meetings on March 19th at an open house in Ocean Park and on March 23rd at the Baylake Pines Civic League meeting, that his company and the City do not know what this historic zoning designation means and what they could build under PDH1- SD. This was very disturbing to me. - On the current proposed project, they are requesting 52 housing units. 42 are 3 bedrooms, 8 are 4 bedrooms and 2 are 2 bedrooms. Up to 2,500 sq. ft. for retail space, also. This amounts to 23.6 units per acre, not including the retail space. As you are aware, the current zoning will allow approximately 10 units on this property. - Shore Dr. traffic has steadily increased throughout the years, with substantially more during the tourism season. This high-density project will make the situation worse. - The surrounding housing units and neighborhood are not designed for multi-family units under a single roof. Approval of this project would change the makeup of the immediate surrounding area and potentially open the door to other potential projects beside this property, or nearby. - Parking would seem to be a key issue also. With the 3- and 4-bedroom units, two spaces each unit will not be enough. When family and friends come to stay with them, especially in the warmer months, the demand on on-site parking will be dramatically over the spaces provided, spilling into the surrounding neighborhood. - Aeries on the Bay/Pelican Dunes neighborhoods will see a drastic increase in traffic during the warmer months as people living in the proposed Marlin Bay Condos, and their guests, will be most likely driving the 4 or so blocks to the beach in their community taking up the extremely limited parking spaces each unit has in front of their homes. I believe this will cause increased tension and potentially heated discussions and potentially violence. - Affiliated with my previous comment, I'm concerned that adults partaking in alcoholic beverages that decide to walk across the extreme heavy traffic on Shore Dr. to the beach could put themselves and potentially others in harm's way. - If approved, this proposed project would be the tallest structure from the City of Norfolk to near the foot of the west side of the Lesner Bridge and potentially opening the flood gate to other hi-rise projects along this beautiful corridor of our city. These are just a few of my concerns with this project. At the briefing by the developer at the Baylake Pines Civic League meeting, I asked their representative if they could fit 10-12 units on this property, similar to the surrounding residential units. He said that they probably could. So, in my opinion, as a retired professional economic developer, they could develop the property with the 10-12 units and still make a very healthy profit. I would estimate this type of development would be priced between $750,000 and $1 million dollars for each unit. This, to me, would be a win-win for all those involved and the City. I've attached several pictures indicating the surrounding residential area and one indicating the traffic that consistently backs up at the Marlin Bay Dr./Shore Dr. intersection during daily rush hours and on warmer months' weekends. I encourage you to take a closer look at this project and recommend to the developer and the City to redesign a potential project that would be compatible to the surrounding residential area. In my opinion, the current developer's condo project is just not compatible with the contiguous housing projects and I encourage you to not support the developers' current plans to rezone and their request for variances to this small 2.2 acre parcel. I appreciate your consideration. Sincerely, Raymond K. White 2208 Bayville Rd. Virginia Beach, VA 23455 757-375-3468 p. K m by a 4� ,fir +YJ "h. f� iff 1 c �z ..9�� � �r• T�t�� t � f r J� a ' MEMN r� Moi •_ 01, t 11 a `c 1./ ►wi:� N�Sa EMM ll -fit = s w 0.7i� i�F 'i ♦ \� ;� '�y,,��;� .♦ t !•liY ►s'e�r,`A'— =�. :���Ti,i'sy •� ����y / i- i'�f (������ wi;r, '\1 rh INV _'�„''-.." .T�a� :+.\ a► Q i��t � � ��� l�i� I mil i :,,•::,;.$* E�� '� w ��� r e �'•>�•/r, �++ • ram. � 1' z. f s d t � _ e r _ oil' ` f p x 4 � •¢l4t �$l�C ��.x ,:1"s€t 't�If oy'�`t4 t7� i1�If � •, }1. 1 » � ^�-i-,.:.J� —• �r yam' �4'' ]v��`— ,�,�„�r �� Aw . t ,► ai , j J .. '' '�"'i � `::t � ri i fjg� g�'i �i V2��' ��y � v "r"-.�..r. R� �'• w c r� Ay f .o ,. J •�i�1M t���� i -,�.� .7 K4 �'ua+ut II gnu s ` t` '4��.wr�,t��w'.ye ..,.�a,?A'T ... A" ...., r:�,, S-silt:✓ �t v M rt �k r't. From: Steve Vinson To: Planning Commissioners Subject: Shore Drive Condominium Project Proposal Date: Wednesday,June 3,2026 9:57:55 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. I just wish to express my opposition as a resident of the Shore Drive community for over 40 years to this project as proposed due to concerns about parking being inadequate and spilling on to Marlin Bay Drive;stormwater management being inadequate for storm events more severe than as planned and as are more currently being experienced;and overall increase in congestion in the Shore Drive corridor as is currently being experienced and not adequately planned for or ameliorated against by any mitigating plans(35 mph zone for Shore Drive has failed in my opinion,maintenance of current path and adjacent landscaping along Shore Drive west of the Lesner Bridge is abysmal,etc.). Thanks you. Dr.Steve Vinson stevevinson925@gmail.com From: Ronald Marciszvn To: Marchelle L.Coleman Subject: shore Drive Area Properties Consideration Date: Thursday,June 4,2026 9:18:43 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Evening, I'd like to offer a letter to the Planning Department regarding Shore Drive Area Properties in one encompassing statement:I am not opposed to development of the parcels, I strongly encourage it. I, however, am passionately opposed to the requested change in rezoning and the sizing/density it permits. I recognize the efforts to shape the current proposal from that of previous,however, I still hold several concerns regarding the impact on this particular section of the community, of which I own a home a few hundred yards from. The majority of these concerns stem from the density and size,as well as the unknown long term impacts of the proposed development. I boil it down to one simple question: Does the proposed fit the existing and planned development of the area?As a resident here,my opinion is no. With a lack of insurances and enforceable metrics,there is undue potential to alter the community towards the negative going forward. First,the community would benefit from understanding a parking and traffic plan. What assumptions and factors have been taken into consideration with parking? If it becomes an issue and spills into neighboring streets,what grounds are there for enforcement and what assurances can be made?We cannot simply go with assumptions. With regards to traffic,I would propose peak transit times be studied particularly at Marlin Bay Drive as well as busy summer weekend times. Can Shore Drive handle the increase during these times?Add in a traffic event that has and will again occur between Bayville Road and Marlin Bay or the Lesner Bridge that makes East/West transit impossible. Given all the work going on across the Lesner Bridge,how does this proposal fit in for the intended work already in plan for this portion of Shore Drive? One aspect that is most difficult to study is the sheer height of the proposed structure. In the surrounding neighborhoods that are predominantly single family homes and townhomes,the treeline still maintains some aspect of the Bayside community. The proposed structure must be compared to its surrounding development, of which I would argue nearly double the height is not acceptable. It cannot and should not be compared to the structures closer to the bridge. Anyone can sense the change as you transition East on Shore Drive,particularly to the other side of the Lesner Bridge. The proposed height would stick a large structure in an area it just does not fit within,permanently altering that corridor. The density change is multiple times that of the surrounding neighborhood. This again is difficult to put into perspective until the mass of residents appear when it is already too late. Can the area truly support this?This has nothing to do with the style of housing(condo, townhome, single family home),but has everything to do with the number of residents in a presently undeveloped area that is already intertwined with the surrounding infrastructure and community. The community is not opposed to development of the land. The only ask is that conditional rezoning be considered just as that, conditional and not a right, and only allow a structure/structures that fits with the intent, compatibility, and lastly character of the Ocean Park community. I thank you for taking the time to read this and consider one of many thoughts on this matter. Very Respectfully, Ron Marciszyn 3840 Three Ships Landing From: PATRICIA HASSELL To: Plannina Commissioners Subject: Marlin Bay/Ocean Park Date: Thursday,June 4,2026 12:39:27 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 Planning Commissioners: My name is Patricia Hassell,and I am a resident of the Ocean Park neighborhood in Virginia Beach.I am writing regarding the proposed development at Marlin Bay and Shore Drive.I recognize this proposal has evolved from previous concepts and attempts to offer an improvement from previous high-intensity projects in the neighborhood albeit should not be compared as a lesser impact on Ocean Park.My concern is not whether redevelopment should occur,but whether the current proposal appropriately fits the environmental,infrastructure,and neighborhood realities of Shore Drive and Ocean Park. While the proposed rendering is an attractive building,it definitely does not have any coastal design whatsoever and is not appealing in my opinion. As discussion continues among residents,civic leaders,and advisory groups,recurring concerns remain involving the proposal's scale,density,height,and the cumulative impacts development can create in this area. I respectfully ask the Commission to consider modifications and mitigation measures before approval,including: •Reducing overall density and/or building height to better transition adjacent to existing townhomes and nearby residential character.By reducing the number of units,it would solve the height issue. •Increasing setbacks,buffering,and landscaping to preserve neighborhood compatibility. •Requiring additional analysis and mitigation for traffic flow,seasonal congestion,and emergency access along Shore Drive. •Evaluating parking adequacy to reduce overflow impacts on surrounding neighborhoods and public access areas. •Strengthening stormwater protections and reviewing cumulative flooding impacts in an already sensitive coastal corridor. •Protecting environmental resources adjacent to the project,including impacts to nearby natural areas and wildlife habitat associated with Pleasure House Point Natural Area. We cannot look at these projects in isolation,rather we must consider the cumulative effect of continued upzoning and increased density along Shore Drive. I urge our city leaders to work to maintain balance between neighborhoods,coastal ecosystems,natural spaces,and local access.Once scale and density decisions are approved,the impacts to character and infrastructure become long term and set precedent for additional high density projects. I respectfully request that any approval require meaningful modifications that reduce the above mentioned impacts and most importantly,improve compatibility with the adjacent neighbors. Thank you for your consideration and continued dedication to Virginia Beach residents. Respectfully, Patricia S.Hassell Namaste From: Lisa Deschler To: Plannina Commissioners Subject: Shore Drive Condominium Project Date: Thursday,June 4,2026 12:40:40 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 Commissioners, My name is Lisa Deschler, a resident in the Ocean Park(OP)neighborhood of Virginia Beach. I oppose the proposed Shore Drive Condominium Project at the corner of Marlin Bay and Shore Drive. The developer's proposal is not a good fit with the characteristics of the residential properties in OP. I am against using the south side of Shore Drive to build a 52-unit building. All other similar multi-unit buildings are located on the north side. Additionally, the current multi-unit building exteriors are a better match with the exteriors of the residential properties. The size of the proposed development and the extensive glass do not match the current aesthetics of Ocean Park. I also oppose any rezoning variance which increases the allowable density from 4.25 to nearly 24 units per acre. Lisa Deschler From: Hex View To: Plannina Commissioners Subject: RE:Formal Opposition to the Proposed High-Density Development in the Ocean Park Neighborhood Date: Thursday,June 4,2026 4:59:10 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. Date: June 4, 2026 To: The City Planning Commission, City of Virginia Beach 2401 Courthouse Drive, Virginia Beach, VA 23456 Dear Honorable Members of the Planning Commission, I am writing as a deeply concerned resident of Virginia Beach to formally register my strong opposition to the proposed large-scale development project currently under consideration for the historic Ocean Park neighborhood. While economic advancement is an important component of city planning, it must not come at the expense of irreversible environmental degradation, acute public safety hazards, and the erasure of our city's unique coastal heritage. The Ocean Park community occupies an exceptionally ecologically sensitive geography, positioned directly between the fragile ecosystems of the Lynnhaven Inlet and the Chesapeake Bay. Introducing high-density infrastructure into this fragile landscape poses profound risks that cannot be mitigated by standard engineering practices. I urge the Commission to reject this proposal based on the following compelling public interest criteria: • Exacerbation of Civil and Stormwater Flooding: Ocean Park sits on a low-lying topography highly susceptible to tidal fluctuations, heavy rainfall, and recurrent storm surges. Replacing natural,permeable maritime soils and wetlands with impervious surfaces—such as concrete roads, driveways, and high-density foundations—will severely restrict the land's natural drainage capacity. This shift will inevitably redirect millions of gallons of unabsorbed stormwater directly into adjacent residential areas and the Lynnhaven River, dramatically escalating flood risks for existing households. • Ecological Degradation and Habitat Loss: The proposed footprint threatens to raze sections of mature maritime forest canopy and disrupt protected coastal wetlands. These ecosystems serve as essential breeding grounds and migratory stopovers for vulnerable avian species, marine life, and local wildlife. Furthermore, the resulting increase in urban runoff—carrying oils, heavy metals, and fertilizers—will heavily impact the water quality of the Lynnhaven Inlet,undermining decades of costly local conservation and oyster reef restoration initiatives. • Severe Infrastructure Overcapacity and Traffic Gridlock: The transport corridors serving Ocean Park,particularly the Shore Drive artery, are already plagued by severe congestion, high accident rates, and bottlenecking near the Lesner Bridge. Forcing hundreds of additional vehicle trips daily onto an outdated, localized street grid will paralyze transit times for daily commuters. More alarmingly, this gridlock will severely compromise emergency vehicle response times during critical medical events or mandatory hurricane evacuations,when every minute is vital. • Erasure of Neighborhood Identity and Coastal Scale: Ocean Park is one of Virginia Beach's oldest and most historically distinct communities, defined by its modest, eclectic architecture,mature trees, and intimate, walkable lanes. Erecting a modern, high-density development completely subverts this established neighborhood character. The visual impact, structural massing, and associated light pollution will permanently sever the community from its historic identity,replacing a cherished piece of old Virginia Beach with generic urban sprawl. Good governance dictates that smart growth must harmonize with local ecological realities and infrastructure capabilities. The proposed development forces an unsustainable burden onto a neighborhood that is physically and environmentally unsuited to handle it. For these reasons, I respectfully request that the Planning Commission uphold its duty to protect our city's natural resources and public safety by denying the zoning variances and permits required for this project to move forward. Thank you for your time, consideration, and continued service to the citizens of Virginia Beach. Sincerely, Huy Vu&Duyen Tr uong Concerned Citizen& Resident of Virginia Beach 3622 E. Stratford Rd Virginia Beach, VA 23455 huyxvu,(jj�email_com 703-481-3532 From: Walt Stone To: City of Virainia Beach Mayors Office;Patrick Duhanev:Joashua F.Schulman•Breotnie C.N.Harrison;QJy Council;Plannina Administration Cc: Windy Crutchfield:yresidentCalo cg_I.oro;Julia Bell Subject: Deny Re-Zoning/Approval of this Project Date: Thursday,June 4,2026 7:28:18 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 Marlin Bay/Ocean Park development project design should be denied based on its request to change zoning code in order to take a maximum yield density buildout combined with commercial business development in a 2+acre site. The area is zoned consistent with what it is and the surrounding area. There's no driving need to add commercial business in that site, in fact, there's every reason not too. All building needs to remain consistent with the surrounding area. Anything other is chiefly based on someone's gross need for max density profit-- and not the people living in the area and adjacent community along Shore Drive. You must abide by the VB Comp Plan. Thank you. Property Owner/Ocean Park WALT STONE Sincerely WALT STONE, MS, Director CORNERSTONE Child and Family Services LLC Specialized Counseling for Children and Families 1209 Independence Blvd. Suite 105 Virginia Beach, Virginia 23455 Office: 757-464-2470 Fax: 757-464-2472 Cell: 757-870-1998 www_comerstonechildfamily .rvi . .s .om From: Amy Meverden To: Plannina Commissioners Subject: Concerns Regarding Marlin Bay/Shore Drive Development Date: Thursday,June 4,2026 10:30:02 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners: I am a resident of the Ocean Park neighborhood in Virginia Beach, and I am writing regarding the proposed development at Marlin Bay and Shore Drive. I recognize this proposal has evolved from previous concepts and attempts to offer an improvement from previous high- intensity projects in the neighborhood. My concern is not whether redevelopment should occur,but whether the current proposal appropriately fits the environmental, infrastructure, and neighborhood realities of Shore Drive. To me, it does not. As discussion continues among residents,civic leaders,and advisory groups,recurring concerns remain involving the proposal's scale, density,height,and the cumulative impacts development can create in this area. I respectfully ask the Commission to consider modifications and mitigation measures before approval, including: •Reducing overall density and/or building height to better transition adjacent to existing townhomes and nearby residential character to match something like townhomes or the homes in East Beach,Norfolk that match the beachy vibe of our neighborhood. •Increasing setbacks, buffering, and landscaping to preserve neighborhood compatibility. •Requiring additional analysis and mitigation for traffic flow, seasonal congestion, and emergency access along Shore Drive. • Evaluating parking adequacy to reduce overflow impacts on surrounding neighborhoods and public access areas. • Strengthening stormwater protections and reviewing cumulative flooding impacts in an already sensitive coastal corridor. •Protecting environmental resources adjacent to the project, including impacts to nearby natural areas and wildlife habitat associated with Pleasure House Point Natural Area. We cannot look at these projects in isolation,rather we must consider the cumulative effect of continued upzoning and increased density along Shore Drive. I urge our city leaders to work to maintain balance between neighborhoods,coastal ecosystems, natural spaces,and local access. Once scale and density decisions are approved, the impacts to character and infrastructure become long term and set precedent for additional high density projects. I respectfully request that any approval require meaningful modifications that reduce the above mentioned impacts and most importantly, improve compatibility with the adjacent neighbors. Thank you for your consideration and service to Virginia Beach residents. Sincerely, Amy Meverden From: bookandoentoo0amail.com To: Planning Commissioners Subject: Stop the Marlin Bay Dr./Shore Dr.Proposed High Density Condo Building Date: Friday,June 5,2026 12:55:22 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 Planning Commissioners, As a resident of the Shore Drive community, I am appalled at the Mcleskey developer plans for an ugly high density housing unit at the corner of Marlin Bay and Shore Drive. This building is much too large for the lot size. The number of units inside is insanely packed. Parking would be a problem for current residents and any new neighbors! In addition, the exterior of the building proposed is quite dark,pointy and shiny. It's actually quite ugly and doesn't fit the aesthetics of our pleasant beach neighborhood. I ask that this project go back to the drawing board with a prettier exterior, smaller building with greenspace and many fewer condos inside. Vivian Clark 4 _ n r _ WW E - y � ! r � SHORE DRIVE CONDOMINIUM PROJECT REVISED CONCEPTUAL RFNDERINGS '_ s JUNE X 2026 �� v� 3cmaH =moor l . -- •tl i WEI UiXaSA I dt. P�f, e� �tA s rr • 4� -- d zr ! ! SHORE DRIVE CONDOMINIUM PROJECT REVISED CONCEPTUAL RENDERINGS DUNE 30 2026 ���eucotwunkcm�cr,vcauuewsnunw r .,tr` WINL_5 . r r (.i l_I 3 1 11 IF I �. %jYZ:':211�1 l:P3)\la NOW irl 1 ... w.. , pq -js r JIL LIP i r • y ml II No I■ R NO . . r ��� a .4Y ■1 ■ �� all- STOREFRONT GLAZING,TYP.6 ALUMINUM RAILINGS W/ ARCHITECTURAL PUBLIC AND AMENITY SPACES GLASS INFILL PANELS MASONRY BLOCK WOOD.LOOD METAL SLATS ' METAL FRAMED OPENINGS, BETWEEN PTD.METAL LAYOUT TO MATCH COLUMNS ! Cnpa�-�.y,�'C, SHORE DRIVE WINDOWS ABOVE,TYPS lam() PARKING GARAGE CONDOMINIUM PROJECT JON MpHrpC' R75 FRCr �10 R7.5 W c R7,.5 a�. tiirFs r044 FWgy a R7:5 J \RT.5 R10 HjMM 0 HjMMNO�pM py kwykH,y B2 zo°o� B2 y� ® site City of Virginia Beach 4 r--I Zoning Vacant parcel on Upton Drive Property Polygons directly north of 1088 Nimmo Parkway S Feet 0 40 80 160 240 320 Man created by Plannina Department on 6/9/2026 Y4J+„NN'�4N R7. Ifc� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] Rezoning (R-7.5 Residential District to P-1 Preservation District) for the vacant parcel on Upton Drive, directly north of 1088 Nimmo Parkway (GPIN 2414460549). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: July 14, 2026 ■ Background: The applicant is seeking a Rezoning from R-7.5 Residential District to P-1 Preservation District. The vacant parcel is located within the 65-70 dB DNL, Sub- Area 2 of the AICUZ. This parcel was acquired by the City of Virginia Beach in 1985 by a certificate of taking for the Red Mill Farms Project (CIP 2-024). After receiving input from adjacent property owners who expressed a desire for the property to remain undeveloped, the City Council directed staff to pursue a rezoning of the parcel to P-1 Preservation District. A deviation is requested from the minimum 5-acre lot area requirement, as the subject parcel is only 1.68 acres. ■ Considerations: The proposed use is consistent with the Comprehensive Plan's land use policies for the Suburban Area, where one of the guiding development principles is the creation of"Great Neighborhoods." This use is considered a complementary, non-residential use that works to ensure the stability and sustainability of the Suburban Area. Use of the parcel as a tree planting site would further advance the Comprehensive Plan's recommendation to ensure that all new development and redevelopment preserve the quality of our natural environment to increase areas of preserved natural resources. Furthermore, staff notes that development of the parcel would be challenging due to the location of a 30-inch stormwater pipe that bisects the site and multiple easements that encumber approximately the rear third of the property. Staff received one letter of support from the adjacent South Shore Estates Civic League, and a representative from the civic league spoke in support at the Planning Commission hearing. There is no known opposition to this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. City of Virginia Beach Page 2 of 2 ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. ■ Attachments: Staff Report Location Map Minutes of Planning Commission Hearing Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. -� Submitting Department/Agency: Planning Department City Manager: Agenda Applicant & Property Owner: City of Virginia Beach Planning Commission • 1 2026 CouncilCity • Project Details Request Rezoning (R-7.5 Residential District to P-1 - 14 M TENHy Preservation District) REo c °0-1Ro it< 22 W W Staff Recommendation oo0q, Q o tRNq((O ;° Approval W R �o WP OT 6D 20 (' lot?,4O N (N y u M errs �y WN,jEsrONE �o�? SpRN�,2 H o W a 4 t Oy Sta ff Planner iA<R DRR o�2 FP �O`�MOHTp O O cT off Yz Kristin Bauer g 102 y °4 WFPRk TER _.� Location N'Ma c Vacant parcel on Upton Drive, directly north of 1088 Nimmo Parkway o KERRo h� GPIN 4 o R 3 Oy � CJ�� P4iyTERS(N 2414460549 MILL O ,- CROSSING ` 'ORWSy'v' i 414ING Site Slze DR 'oyr xP 4P y2= SUIV 73,203 square feet AICUZ 6S-70 dB DNL; Sub-Area 2 i Watershed Southern Rivers 'Ho ;.o, f R Existing Land Use andZoning District � � Vacant lot/ R-7.5 Residentialio ;§` Surrounding Land Uses and Zoning Districts North Hospice facility/R-7.5 Residential a Eating & Drinking Establishment/ B-2 Community Mopk Business wy East Single-family dwellings/ R-10 Residential Single-family dwellings/ R-7.5 Residential _ City of Virginia Beach Agenda Item 11 page 1 of 8 Background of Proposal • The vacant parcel lies within the R-7.5 Residential District and is located within the 65-70 dB DNL, Sub-Area 2 of the AICUZ. • This parcel was acquired by the City of Virginia Beach in 1985 by a certificate of taking for the Red Mill Farms Project (CIP 2-024). After receiving input from adjacent property owners who expressed a desire for the property to remain undeveloped, the City Council directed staff to pursue a rezoning of the parcel from R-7.5 Residential District to P-1 Preservation District. • While there is no definitive use identified for the property at this time, it may be utilized as a future tree planting site. • The parcel, which is approximately 1.68 acres, does not meet the 5-acre minimum lot area requirement for properties within the P-1 Preservation District. Accordingly, the applicant is requesting a deviation to the minimum lot area. Zoning • Map Key No. Request CUP (Sanitarium) Approved 1 08/16/2017 p �? R7.5 / HF RZ.5 wqY R10' H/,yyoA� 62 B2 Applica tion 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 City of Virginia Beach Agenda Item 11 page 2 of 8 Evaluation • • • In Staff's opinion, this request for a Rezoning from R-7.5 Residential District to P-1 Preservation District is acceptable. The proposed zoning district will allow the natural area to be protected and create an additional buffer between the nearby residential development and the commercial development to the south. The proposed use is consistent with the Comprehensive Plan's land use policies for the Suburban Area, one of the guiding development principles for which is the creation of "Great Neighborhoods." This use is considered a complementary non-residential use that works to ensure the stability and sustainability of the Suburban Area. Use of the parcel as a tree planting site would further advance the Comprehensive Plan's recommendation to ensure that all new development and redevelopment preserve the quality of our natural environment to increase areas of preserved natural resources" (p. 1-64, Comprehensive Plan 2016 Policy Document) No physical changes to the site are proposed with this request, other than the potential planting of trees in the future. Staff notes that numerous site-specific factors would make the development of the parcel more challenging. Such factors include an existing 30-inch stormwater pipe, located within a 20-foot-wide public drainage easement, which bisects the site and ultimately outfalls into the BMP to the east of the site. Additionally, the rear of the site is encumbered by a 15-foot-wide Dominion Energy Virginia easement, a variable-width public drainage, access, and maintenance easement, and a variable-width public impoundment, drainage, access, and maintenance easement. Collectively, said easements encumber approximately the rear third of the property. Based on these considerations, Staff is recommending approval of this request. Comprehensive Plan Information This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to protect and enhance natural areas and open spaces. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. Additionally, the Comprehensive plan states, "it is important for the City to continue providing sufficient resources to ensure an effective, ongoing open space preservation and acquisition program as identified in the Virginia Beach Outdoors Plan and within other areas of the City, as deemed appropriate." (p. 1-63 Policy Document). 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. City of Virginia Beach Agenda Item 11 page 3of8 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 3-0 ADT' Upton Drive 13,300 ADT' 12,500 ADT'(LOS z "D") Existing Zoning'- 60 ADTI Proposed Land Use 5-0 ADTI 1 Average Daily Trips 'As defined by a 'As defined on 1.7 5 As defined on 1.7 ZLOS = Level of vacant 1.7 acres acres within R-7.5 acres within P-1 Service parcel Residential Preservation Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Upton Drive, in the vicinity of this application, is considered a two-lane undivided collector street. The existing infrastructure currently resides in a 60-foot right-of-way. The MTP proposes a four-lane facility within a 115- foot right-of-way. There are currently no roadway CIP projects slated for this section of the roadway. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Ufflity Impacts Water&Sewer The site is not connected to city water or sewer. City of Virginia Beach Agenda Item 11 page 4 of 8 Public Outreach Information Planning Commission • Staff has received one letter of support that was submitted by the South Shore Estates Civic League. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 25, 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 June 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 30, 2026 and July 7, 2026. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 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 July 10, 2026. City of Virginia Beach Agenda Item 11 page 5 of 8 m O M G m L oa 1 UPTON DRIVE (VARIABLE WIDTH R\W) >, (FORMERLY PARCEL 1) may, 8 (At.B 30 2M. E6=57) (DTB. 2A66. P0G6 258--259) --_- C� s( -- -. ",.. PARCEL Y PTY`P+'la•s1,�' .. 1TSX1' N 21'39'4E`E 41 86 �a�5 e11U 2fTM E XtM.01 6M PARCEL X �1 r -( -4 2414-46-0549 r PN raw 1 �� �.A F- • 7w rT N Corl'RFa ^ 1 --__-__-- W p err Lj � rl 1 _ • aoRwR rAaxssar s I _ /� V1 LDN /ANMPry wMr[Y 1ARv.RKo Q Y N 1^ a I j SM}$'--u�.. (34—P]pf/p1 AtIAW A[) V) r S"/ 5 1VW46'w W B Z 3. =Z ` I5,5 6� 5 2A'31'3e' 56 w SUBDMSION OF -) •r.:=sr nn a . a nay.c RED MILL FARM 4 0U 'aN��t SECTION 22 PHASE THREE = R.1sRfslofNruL DRSTOP1 O lal� y S� (Y.(M.S. G W 755.P // U PRFSE SER VA/ION Yw p $3q" r/'""_ L A K E Q aaracr 1 m-1 ENEROYEASfMENT ry m� � za ' - VAR/Aalf WIOTN „ ¢• z„ n� �- q SS,_ _ � ♦ DRAINAGEACCESS,&Vr 2S y g'Z di ErS: � AND MAINTENANCEZ2 RY ..0 gQ�2� CASEMENT - of 115 B su"D's"N of LOT 1393A RESUBOEVIVON OF PROPI RTY LOT I SUBDIVISION OF RED MILL FARM SECTIOEF23/SOUTHSHOREESTATE INS 279.PG 921 AND RESIDUAL PARCELS A & B PROPERTY a tvY DE VIRcmu RIEAtH • SEE SHEET ) FOR CERTIFICATIONS AND NOTES ' IDS 21"PUs 129a e12s91 M.a 279.PC.92 �pyTH fA'A, SHEET 2OF 3 E^,/� �,�ppp• THE IRIDiRSIGNFD DFPiVY THAT THIS RESUWNISIMI,AJ R APPEARS ON iwS PLAT.CONFORMS (/�PF LO TNC APPLIURIE RECULATIONS RE.LATR/D TO TIRE RE4U8.'NNSION OF LAND AND IS K.0 ONOLr APN R�SwW. Z APPYF ROO.R HE Y aKH APPROVAL,T UNDERSIDRm DO NOT CERYRS'AS 10 THE CORRECTNESS Lv..Ro 3A2a > OF TW BOlP1DARY.STREETS OR OTHER UE6 SHOWN ON THIS PUT.EAMTINC PJBUC DEYAK71JT Oi PIBUC WORKS,E.NGLNEEKL'6 fiROlP.St:RVEY tlIREA1 EI7ECTOF-wA O O =WBSYS NOT SH N TH6 PUT RENNIN R:TND A51i OMISSION FApI THIS PUT. TEL(737)585-4 181:247O N.LANDI%G ROAD:BLDG.23:ROOM 160 4a SORN E� ���� VIRWLA REACH,VIRGINIA 25456 OATE iz— P PWFNRID ORRECrON.crry or S'MIORLA APPPOVED. �_•~ DATE. DRFCTOR OF PUBLIC WORKS.CIEY OF YHORIA 6EACN CRY Of VIRGINIA BEACH GRAPHIC SCALE AYHIL YA.YOI9 1-00 REVISED:MAY 07.2021 JOB a190E15i OKAR7:tll,U.Sf I: NONE Site Photos s r s ,p i. ' � y ts'4,a'F'sr .•, 2Y x 5 ..»r..+.p ....z a... .. .�•w. •� .a yaw _. • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. City of Virginia Beach Agenda Item 11 page 8 of 8 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #11 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item eleven, City of Virginia Beach. Mr. Kugler: Good afternoon. Bob Kugler is my name. I represent... Clerk: Excuse me, sir. We need to hear from the representative first, and then we'll call up the speakers. Mr. Kugler: Oh, I'm very sorry. First time. Obviously anxious. Mr.Copeland: Good afternoon,Mr.Chairman,Madam Vice Chairman,members of the Planning Commission. My name is Tim Copeland, a city real estate agent, Public Works. The item today is a request to rezone a portion of city-owned property, all of a city-owned parcel, from R-7.5 to P-1 preservation. The property is 1.68 acres. It's on Upton Drive. It's located just north of the Red Robin on Nimmo Parkway,and just south of the Hospice House facility. The city has owned this property since 1985. Filed a certificate of take as part of the Red Mill Farms project at that time,and a portion of this property was sold off originally,or transferred to Hospice House for the development of that facility a couple years ago. The request to rezone came through the adjoining neighborhood, through City Council, and then it is my job to bring it to you all. Mr. Coston: Thank you. Do we have any speakers? Clerk: Yes, we have one speaker, Bob Kugler. Mr. Kugler: Thank you. I appreciate the second chance. We've been working with the city on this particular property for now almost twenty years. Back in 2012,we had contributed$500 from our civic league to the city in order to plant live oaks, which they did, and it worked out well. Unfortunately, then they got cut down by mistake. The city replaced them for us. So it's a case where we've been working with the city and very favorably happy with the city's results. In 2017, when Westminster Canterbury came in front and supported the Hospice House,we as a community took a view of that. Said, "Is that a good use for the land?" We all agreed it was. Mutually, we thought that's a great use for property that's on a beautiful lake next to our community. But we also asked that it not be changed. No further change would put commercial or anything else on that land,and we asked that it be considered for one of the programs to put more trees on the land. In support of that,the City Council passed a recommendation,a resolution, I should say,that said: Resolution to maintain a buffer of vegetation adjacent to the lake on the property owned by the City of Virginia Beach on Upton Drive adjacent to the Hospice House, and turns that Red Robin is on the other side. So why am I here today? Because we wish to go forward with this change from R-7.5 to P-1, and we ask that it be maintained in trees. We'd even love for more trees to be planted, and we think that's a great use for the property, not only for our own sake, but even for the Hospice House who is right next door. So we think it's a good fit, and we'd appreciate your considering. I'm open for questions. Mr. Coston: Commissioner Plumlee. Mr. Plumlee: Sir, tell me your name one more time. I apologize. Mr. Kugler: Bob Kugler, K-U-G-L-E-R, and I represent the civic league on this topic. Mr. Plumlee: What is the name of the civic league? Mr. Kugler: South Shore Estates Civic League. We're happy to say that we've been very active, even through COVID. As of this moment,yesterday, I found that our people that have paid have 120 paid out of 220,which we thought was pretty good because we're not an HOA,we don't always get people to volunteer. But it's an active civic league, and we're very appreciative of Virginia Beach. Mr.Plumlee: Okay,and you have the support of your civic league coming before on their behalf? Mr. Kugler: I absolutely do. Mr. Plumlee: Is there anyone opposing this request that you're aware of? Mr.Kugler: Actually,no. We did a survey,particularly at the time of the Hospice House,because there was some consternation about is that going to cause a problem. But after that, people were very happy with that decision,and furthermore,they very much support this decision,this request. Mr. Plumlee: Thank you very much. I appreciate you. Mr.Camp: Thank you,too,for coming forward. When I asked for the deferral last month,I hope you understand that what we were given was very thin,and through the course of asking questions before the meeting, at the informal, and even during the formal, the story just kept changing, and when I heard that a civic league was involved, I asked for a one-month deferral to give you a chance to come and speak. I've learned things since you came and spoke. I did not know until now that there was a city council resolution pertaining to this. No one shared it with us. No one shared with us about your investment in the parcel. So I appreciate you taking the time to come and clarify the record. There are other aspects of the record that maybe we have questions for other people, but you've done exactly what we hoped would happen today, that when we serve it up to City Council with a recommendation, it's the most complete record we can. And when citizens do take an interest in these public lands, it's important to have that accompany the rest of the record. So thank you for taking time out of your day, sir. Mr. Kugler: And thank you for deferring it because I missed the meeting, not knowing when it occurred, or I would have been here last time. So you gave me a chance to speak, and for that, I greatly appreciate it. Thanks. Mr. Coston: Thank you, sir. The chair will like to open the floor for discussion or a motion. Ms. Schoonover: I wanted to ask a question of Kathy Warren, if you don't mind, just some clarification about the trees and some things that Commissioner Camp had brought up. He had just raised some questions about the safety of putting trees there in terms of what comes underneath, and previously about whether any building could take place on that space, and I know that the city had mentioned that was not the best place to build based on what was underneath, et cetera. Could you just address that,please? Ms.Warren: There are several challenges with this site to develop it. We did confirm last week with Frank Fentress with Landscaping that if the city did want to,in fact,plant some of those trees, where they have the funding to plant trees, they can do that if they're asked to do that. Ms. Schoonover: Thank you. Mr. Coston: Any further discussion or motion? Ms. Schoonover: I move that we approve this proposal. Mr. Mauch: Second. Mr. Coston: It has been moved by Commissioner Schoonover and seconded by Commissioner Mauch that we approve this item. Madam Clerk, ready for the vote. Clerk: The vote is open. By a recorded vote of eleven to zero, item eleven, City of Virginia Beach, has been recommended for approval. 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 �s Rezoning Request R7.5 Residential District to P-1 Preservation District for GPIN 2414460549 Members of the Planning Commission 10 June 2026 Addendum to clarifythe notes I have already submitted: Our community unanimously supports our request to rezone this property to P-1 Preservation and suggests that this property would be a good candidate for inclusion in the City's reforesting initiative. As such, it would be a better fit for the adjacent Hospice House and for our community. Only if the City ops to sell the property to a developer instead of rezoning it to P-1 would we support keeping it zoned as R7.5 in order to preclude commercial or higher density housing from being authorized for construction on this property. We continue to request that our P-1 rezoning be approved. Thank you for your consideration of our input. Bob Kugler Representative for the South Shore Estates Civic League 2084 Bierce Drive Virginia Beach, VA 23454 757-430-6228 t n �G m OR OR(STR-OR) F sT Y OR(STR-OR) ® site Craig & April Dean Zoning 404 21st Street, Unit A Property Polygons Feet 0 10 20 40 60 80 Mao created by Plannino Department on 6/9/2026 zi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CRAIG & APRIL DEAN [Applicants] CRAIG DEAN [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 404 211t Street, Unit A (GPIN 2427085169). COUNCIL DISTRICT 6 (Remick) MEETING DATE: July 14, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a two-bedroom apartment unit located at 404 21st Street, Unit A. A Notice of Violation was issued by staff in 2026 for the operation of a Short Term without a Conditional Use Permit or Short Term Rental Zoning Permit. The Violation was resolved when the rental listing was deactivated. The site is not currently advertised, and the last known documented stay was August 4, 2022. The site contains a two-unit apartment building as well as a single-family dwelling, the latter of which was granted a Conditional Use Permit for a Short Term Rental in 2025. ■ Considerations: A total of seven parking spaces are required for the site, including: two parking spaces for the proposed Short Term Rental (404 21st Street, Unit A), two parking spaces for the other apartment unit (404 21st Street, Unit B), and three parking spaces for the single-family dwelling (404 21st Street, Unit C). The site has a two- car driveway accessed from 21st Street, a four-car driveway accessed from 20th '12 Street, and an agreement to lease one gravel parking space from the neighboring property to the east. Collectively, these parking areas provide the required seven off-street parking spaces. 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. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 1. Craig &April Dean Page 2 of 5 1. The following conditions shall only apply to the dwelling unit addressed as 404 21 st Street, Unit A, 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. Craig &April Dean Page 3 of 5 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). Craig & April Dean Page 4 of 5 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Minutes of Planning Commission Hearing Craig & April Dean Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: f1w Agenda Item 21 + •• April Dean Property Owner: Planning Commission • • 1 2026 V_B' CouncilCity . •. Project Details Request 2pTH5 Conditional Use Permit (Short Term Rental) 13Ro„P`Fst ' Staff Recommendation a„oHr`F$' Approval NA�F 5T d ➢ G '�` v T F n n Staff Planner Alexis Bailey 201H ST r ✓ 1 � '. 1 3f' �. 1 �t Location « Tt1 404 21st Street, Unit A GPI/V r NA Y1 49TH St , 2427085169 X oREHAM —".T��j 1� {i 1 ` `� OEFCH6 vo Site Size 6,653 square feet AICUZ 65-70 dB DNL; Sub-Area 1 �u� h Wa tershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling with two apartments/OR Oceanfront Resort n Surrounding Land Uses and Zoning Districts i North 21St Street Condominiums/OR Oceanfront Resort South 20th% Street Parking Lot/ OR Oceanfront Resort F'}<f Commercial Parking Lot/OR Oceanfront Resort V1Je�t Hotel /OR Oceanfront Resort Craig &April Dean Agenda Item 21 page 1 of 15 Background Summary of Proposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 404 21s' Street, Unit A. The 6,653 square foot parcel contains a single-family dwelling and a two-unit apartment building and is zoned Oceanfront Resort District. • According to City records, this two-unit apartment was constructed in 1945. • Staff inspected the site on April 15, 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 STR from parking on the street during the restricted hours. • A Notice of Violation was issued by staff in 2026 for the operation of a Short Term without a Conditional Use Permit or Short Term Rental Zoning Permit. The Violation was resolved when the rental listing was deactivated. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental, and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of May 26, 2026, as shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No August 4, 2022 No Craig&April Dean Agenda Item 21 page 2 of 15 Short , F t� 1 0 I o o`o 0 00 o O o ,o ©t a tz 'y �• � 4F cad '' _ - - F , 20 SA 1. Short Term Rentals O STR Permits(34) Craig & April Dean Agenda Item 21 page 3 of 15 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 2 • Number of off-street parking spaces provided: 2 s Craig & April Dean Agenda Item 21 page 4 of 15 Zoning History # Request 2 , 1 CUP (Short Term Rental) Approved 03/17/2026 OR(STR-O' R) 2 CUP (Short Term Rental) Approved 03/17/2026 SVR Approved 09/06/2016 5 2�sT st 3 CUP (Short Term Rental) Approved 04/15/2025 4 CUP (Short Term Rental) Approved 01/19/2021 9 ; CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/18/2020 QkPS R-OR)OR m CUP (Short Term Rental) Approved 07/07/2020 ALT Approved 04/18/2017 CUP (Short Term Rental) Approved 07/14/2020 2aSHHsT CUP (Short Term Rental) Approved 07/14/2020 OR(STR-OR}���' 6 CUP (Short Term Rental) Approved 07/14/2020 10 8 CUP (Short Term Rental) Approved 07/14/2020 ALT Approved 04/18/2017 7 CUP (Short Term Rental) Approved 06/09/2020 8 CUP (Short Term Rental) Approved 06/09/2020 CUP (Short Term Rental) Approved 06/09/2020 9 ALT Approved 10/08/2013 SVR Approved 10/08/2013 MDC Approved 11/09/2010 10 CUP (Commercial Parking Lot) Approved 03/10/2009 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 Craig&April Dean Agenda Item 21 page 5 of 15 Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental within an existing apartment unit on the site. The other structure on the site, which contains a single-family dwelling fronting 21st Street, was approved for Short Term Rental Use in 2025 and is not the subject of this application. A total of seven parking spaces are required for the site, including: • Two parking spaces for the proposed Short Term Rental (404 21s'Street, Unit A) • Two parking spaces for the other apartment unit (404 215t Street, Unit B) • Three parking spaces for the single-family dwelling (404 215t Street, Unit C) The site has a two-car driveway accessed from 215t Street, a four-car driveway accessed from 20th % Street, and an agreement to lease one gravel parking space from the neighboring property to the east. Collectively, these parking areas provide the required seven off-street parking spaces. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met and that the use of the property at this location for Short Term Rentals is appropriate. 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. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 404 21St Street, Unit A, 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. S. 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, Craig&April Dean Agenda Item 21 page 6 of 15 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. Craig & April Dean Agenda Item 21 page 7 of 15 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 Craig & April Dean Agenda Item 21 page 8 of 15 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 26, 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 June 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 30, 2026 and July 7, 2026. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 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 July 10, 2026. Craig &April Dean Agenda Item 21 page 9 of 15 Site Layout & Parking Plan 1. THIS SURVEY WAS PERFORMED WTHOT THE BENEFIT OF A TITLE REPORT AND WAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. 2. THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE X AND SHADED X.AS SHOWN ON PANEL 01260 OF THE FLOOD INSURANCE RATE MAPS FOR THE CITY OF VIRGIMA BEACH, VIRGINIA,COMMUNITY NO.: 515531,DATED JANUARY 16,2015.FLOOD ZONE INFORMATION SHOWN HEREON IS NOT GUARANTEED AND WAS APPROXIMATELY SCALED FROM THE FLOOD INSURANCE RATE MAPS FOR THE CITY/COUNTY INDICATED.MSA,P.C.IS NOT A PARTY IN DETERMINING THE REOUIREMETNTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN.FOR FURTHER INFORMATION AND TO CONFIRM THE FLOOD ZONE FOR THIS PROPERTY,CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL.FLOOD ZONE DETERMINATION IS BASED ON THE FLOOD INSURANCE RATE MAPS AND DOS NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE FREE FROM FLOODING OR DAMAGE. 3. THIS SURVEY DOES NOT ADDRESS THE EXISTENCE OR NONEXISTENCE OF WETLANDS,ENNRONMENTAL HAZARDS,CEMLTER:ES OR ANY lRYk7tGROUND STRUCTURE NOT CBSERVED DURING THE COURSE OF THE SURVEY. 4. NORTH MERMAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM,SOUTH ZONE NAD83M HARN,AS REFERENCED FROM INSTRUMENT NUM9ER 20180328=250010.COORDINATE VALUES AND LENGTHSICISTANCES SHOWN ARE EXPRESSED IN U.S.SURVEY FEET. 21ST STREET('80'R/W) , 45PRALT r� (F.(A. OELAWARE"AYENUE) �M (NB 5 PC 10J) N76'09'55"E EASTERN 20' OF LOT 10 50.00'(O/A) Lfly N•3,478,246.87 I,E:12,220,487.7 U 5 x 10000'TO WESTERN R/IY OF AR07C �� LOT 14 LOT 12 20.00' 30.00' - LOT 6 LOT 4 OMERN 10'- STEPS fLOO'n ZONE or LOT f0 Apr 6'Ova,FFNC£ CRAIG DEAN L01 8 (INST. NO. 20070402000435940) 0 LOT 8 & EASTERN 20' OF LOT 1 STAQY J' FE/CE 10, BLOCK 44 BLOCK& (MB 5, PG 103) Wn GPIN:2427-08-5169 1 1404 0 --) 1.11 404 21ST STREET I 1 w AREA = 6,500 SF I 0.4J OR0.149AC ', 5 STi10.J? '� ` J'Wad fitNCE ly AC 0J7 aw I S1UCC� +� 1.15`. 1066� I I I Pai 6'WOW FENCE" i N13'50'05'W �X S13'50'05"E 130.00' 130,00' N/r :. 6 2F 10, 218 N� I N&S EN9hW1SES; 11W ARCTIC RAZA, LLC I (08 *790 PC 1-559) 1 SIWY ^'�, ('INST. NO 2016092100=8440) LOTS 12, !4, 16, 16 20, �6 MNJLG�f' REA/A/N/NC CW716W 6r LOT 2, WESTERN 10'Or LOT �I }F104-A AND 1075 4, & 68LOOr 44 10, 810L'YI'44 04W4 S� (A(B 5, PC 10)"t 1.J5'N+ (NB 5 PC 10J) p (INST. NO. 1009051-0"5"M) I ORIN.2427-Gig-4/46 A 1.J5 CON.2417-08-5210 410 21ST STREET 2016 AR�'T1C Alt-NUE POST ., _ P/PE(F)NJ47478 W N: 0.7J'FR6W¢'CAP E:12,220,518.86, - 1 30.00' I 1,78 I ,ASPHAL T - S1EP� �` .,ry. � Q\41 y� .S76'09*55"W - - - 50.00'(O/A) MN 1A STREET(20'RA)� Tr (AdF 5 PC 10J) Craig & April Dean Agenda Item 21 page 10 of 15 Site Photos W Alwrr J r xly ` I � u y rty i '' tir 4 d Craig & April Dean Agenda Item 21 page 11 of 15 Disclosure CITY OF Disclosure VIRGINIA 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. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application T- Is Applicant also the Owner of the'subject property? Yeso No0 !f 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'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(_g If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noth If yes,name the official or employee,and describe the nature of their interest. ---------------- APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individuate Financing(mortgage,deeds of trust,cross-collateralization,etc.) 0/ 0 Real Estate Broker/Agent/Realtor O 0/1 Disclosure Statement I rev. May-2024 page 1 of 3 Craig&April Dean Agenda Item 21 page 12 of 15 Disclosure SECTION 1: APPLICANT DISCLOSURE confirmed SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 0 �{ vx Architect/Designer/Landscape 0 0 Architect/Land Planner _ Construction Contractor 0 0 Engineer/Surveyor/Agent 0 ©j1 ` Legal Services v 0 APPLICANT 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, 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'Od7or com n connection with this application. J !��A-2 Applicant Name(Print) pp' nt Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation."See State and Local Government Conflict of interests Act VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 6/23/2026 Alexis Bailey /_/1P.2'l�� <lllPU 6/26/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Craig & April Dean Agenda Item 21 page 13 of 15 Disclosure SECTION - • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Is the Owner apcorporation,pa t ershi ,fir Owner Name: as listed on application CG !Ca t m,business,tru"s,or unincorporated business? YesONoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary t or a filiated business entity Z relationship with the applicant.(Attach list if necessary.) Does the subject property have a ro osed or endin j p p Y p p p g purchaser? Yesl� 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& I es,name the a ficial or em loyee,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 entit and/or individual) _ Financing(mortgage,deeds of trust, � cross-co[late ralization,etc.) a� 0 Real Estate Broker/Agent/Realtor O 01' Accounting/Tax Return Preparation - O Architect/Designer/landscape O Architect/Land Planner (D Construction Contractor 0 (D Engineer/Surveyor/Agent 0 Legal Services O 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 infarmation r 'ded erein three weeks prior to the meeting of Planning Commission, City Council, VBDA,6PA, Wetla s Boar or any public body or co m Wee in connection with this a pit tion. Proper Name-( mt) Property Owner Signature Dat Disclosure Statement I rev. May-2024 page 3 of 3 Craig & April Dean Agenda Item 21 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. Craig &April Dean Agenda Item 21 page 15 of 15 STIR VICINITY MAP CRAIG & APRIL DEAN tv i 2 , r , 1 Short Terns Rentals # ® STR Permits(34) Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #21 Craig & April Dean Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: The vote is open. By a recorded vote of seven to four, item twenty, Charlene Livers, has been recommended for denial. Our next item is item twenty-one, Craig and April Dean. Mr.Dean: Yeah. Ms. Byler: Good afternoon. Mr. Coston: Afternoon. Could you please state your name for the record? Mr.Dean: Craig Dean and April Dean. Mr. Coston: Okay. Can you tell us what y'all are trying to do? Mr. Dean: Yeah. We're requesting Airbnb at 404 21 st Street and 513 20th Street. Mr. Coston: Do we have any questions? Commissioner Plumlee. Mr. Plumlee: So, currently,you have a conditional use permit for a short-term rental on this lot, correct? Mr.Dean: That is correct, sir. Mr. Plumlee: And you have multiple dwellings on this lot. Mr. Dean: That's correct. Mr. Plumlee: And so these are separated dwellings, but they're all on one parcel. Is that fair? Mr. Dean: It's four apartments on one lot. Mr. Plumlee: Okay. So, if I understand right, there's an A, B, and C apartment, and we're considering today—is that what your correct conditional use permit? Ms.Dean: Yes,yes, sir. Mr. Plumlee: And you've had in the past a conditional use permit for—is it both B and C? Mr.Dean: Currently,just for C. Mr. Plumlee: So you're not requesting a permit. Mr. Dean: Just one more. There's going to be total two. Mr. Plumlee: There's just a total of two. There are three. Mr.Dean: There's four units,but we're only requesting two. Well,only requesting one now. We already have one. Mr. Plumlee: You have one. Mr. Dean: Yeah, we have one already. Mr. Plumlee: And you got the conditional use permit for this current one that you have in 2025. Is that fair? Mr. Dean: I thought it was 2024. Somewhere around there. I'm not exactly sure. Mr. Plumlee: But what was interesting to me is that there had been a violation, a notice of violation, for advertisement at this current location that you're seeking a conditional use permit for. Ms. Dean: For what unit? Mr.Plumlee: It says here, and this is on the staff report. Have you seen this that came out? Ms.Dean: I'm surprised,because we haven't used that as an Airbnb in a couple of years. Mr. Plumlee: It says a notice of violations issued by staff in 2026 for short-term rental without a conditional use permit. That's in 2026. Mr.Dean: So what happened was my son,without us knowing,he lives there,and he was running it out to some of his surfer buddies. And so we told him he had to stop until we got this done legally, and so he stopped since then, and he stopped like four months ago. Mr. Plumlee: Okay. Mr. Dean: And that's why we came down here. Ms. Dean: Are you talking about Unit A? Mr.Plumlee: It says here a notice of violation was issued in 2026 for the unit that you're applying for today, and I'm getting nods behind you from staff. Mr. Dean: That's correct. Mr. Plumlee: Okay. Ms. Dean: Okay. Mr. Plumlee: That's why—helps me just to get it smooth. If you can give it to me, do you see the picture that I'm looking at on the screen? Is the unit that you're seeking approval for on the left or the right? Mr.Dean: It's on the right. Mr. Plumlee: Okay. So that is—that doorway entry is gone at the moment? Is that what you said? Mr. Dean: So on the bottom there, that's where our washer and dryer is. The actual front of the house is facing 21 st Street. Mr. Plumlee: So the front of the house is there, but the parking that's for this location is here, on 20th and a Half Street. Is that fair? Okay. And I tell you, quite honestly, I've received a number of comments on short-term rentals. It's a lot. I don't get a lot of comments typically on short-term rentals, quite honestly. But I've received a number of them objecting to additional traffic on 20th and a Half Street, and it appears to me, for this access,you're coming from 20th and a Half, is what you're telling me,to get in and out. I just want to make sure I understand that's what is requested. Mr. Dean: But there will be no more traffic because in the off season, we rent that out for nine months, and then there would be no more traffic than there is now at any time. Mr. Plumlee: I see. And the other unit, you use parking from the adjacent parking lot? Mr. Dean: So we have a lease agreement for three spots from Keith, who owns the hotel right there, in his big parking lot across the alley. Mr. Plumlee: All right. Thank you very much. I appreciate it. Mr. Dean: You're welcome. Mr. Camp: Mr. Coston, thank you for coming down. How many short-term rentals do you operate in Virginia Beach? Mr.Dean: Right now, we are licensed for five. Mr. Camp: Five. Okay. Ms.Dean: We have one that we just rented out to a regular tenant because we liked him so much, and we decided not to Airbnb,and that's the Blue property. So it's approved,but it's not an Airbnb right now. Mr. Camp: Very good. And are you running this business yourself or personally? Mr.Dean: I'm the maintenance man and owner. Mr. Camp: I believe it. Mr. Coston: Any further discussion? Are there any speakers on this one? Clerk: There are no speakers on this item. Mr. Coston: Does someone want to make a motion? Ms. Schoonover: I can make a motion. We should approve the request. Mr. Coston: A second. Okay. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch that we approve this item. Ms. Schoonover: Let the record reflect that. Mr. Plumlee: I do want to make a comment. I'm not going to vote for this, and I'm not trying to sway my fellow commissioners. I know they probably feel differently than I do. But there has been an issue on 20th and a Half Street. I understand,and I'm glad you're leasing that out now that I've learned this. The other Airbnb that you have, you're leasing it long term. But at this point, there has been a lot of disturbances along that corridor, and with traffic. So I'm opposing it, but that's why I wanted you to know why. Mr. Dean: Okay. Ms.Dean: Okay. Thank you. Clerk: The vote is open. Mr.Dean: Is this for 513 also? Ms. Alcock: No, one at a time. This is just 404. Clerk: By a recorded vote of ten to one, item twenty-one, Craig and April Dean, has been recommended for approval. Mr. Coston: Thank you. Have a nice evening. Vote Tall Commission Member AYE 10 NAY 1 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 404 215t Street, Unit A, 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. OR(STR-O OR(.STR,. 1 t�R 2pTN g'C 4 ® site Craig & April Dean Zoning 513 20th Street Property Polygons Feet 0 10 20 40 60 80 Mao created by Plannina Department on 6/9/2026 c° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CRAIG & APRIL DEAN [Applicants] CRAIG DEAN [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 513 20t' Street (GPIN 2417979808). COUNCIL DISTRICT 6 (Remick) MEETING DATE: July 14, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a two-bedroom unit in a duplex located at 513 20th Street. The site has no prior zoning complaints or violations. The site is not currently advertised, and there are no prior documented stays. ■ Considerations: The two-bedroom Short Term Rental is required to have two off-street parking spaces. The site contains a four-car parking pad with two parking spaces for each unit in the duplex, thereby meeting the parking requirement. 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. 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. Staff received three letters of opposition to the request, and two speakers spoke in opposition at the Planning Commission hearing, citing concerns about parking and impacts to neighborhood character. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 1. 1. The following conditions shall only apply to the dwelling unit addressed as 513 20th Street, and the Short Term Rental use shall only occur in the principal structure. Craig &April Dean Page 2 of 5 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Craig &April Dean Page 3 of 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time Craig &April Dean Page 4 of 5 or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (3) Craig & April Dean Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda ••licant: Craig& April Dean ' ••- • DeanVB ' • • ' • • CouncilCity Project Details Request Conditional Use Permit (Short Term Rental) t 2}RO ST p n 5 2pTH 5 t x Sta/1,C�Recommendation 2}ROSY Approval 22HP HA f 5T 72it0`'T C Staff Planner 2,5,HP F 5T Alexis Bailey o TSTST Location y N 20TH MPIF ST rt. Q ?^20TM ST 513 20th Street `^M M GPIN 20TH ST TH ST 2417979808 nxM P pA m N Site Size =OFEHAM` BTHST 7,800 square feet THH"`FST cHOUD V1RGtNlA gEP AICUZ 65-70 dB DNL; Sub-Area 1 Wa tershed Chesapeake Bay sS` Existing Land Use and Zoning District Duplex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts 201 H HP� North , r 201h % Street Single-family dwellings, multi-family dwellings, Duplex dwellings/OR Oceanfront Resort r •r_ ' SO Uti'i th � 20SN'SS `a�.. 20 Street � Single-family dwellings, multi-family dwellings, Duplex dwellings/ OR Oceanfront Resort Duplex dwelling/ OR Oceanfront Resort VV _t Duplex dwelling/OR Oceanfront Resort Craig & April Dean Agenda Item 22 page 1 of 15 Background of Proposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 513 201h Street. The site contains a duplex dwelling and is zoned OR Oceanfront Resort District. • According to City records, this duplex was constructed in 1972. • Staff inspected the site on April 15, 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. • The site has no prior zoning complaints or violations. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018,the property would not be considered a grandfathered Short Term Rental, and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of April 13, 2026, as shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Craig &April Dean Agenda Item 22 page 2 of 15 Short t_ Ko s, g y 0 .t0k-�`'� 1 C) O a C7 151 4 - 4 , VA-- s O 1pt A � � q O } �{ST 0� t 1 � � 1 � , a � a O w 10 O � 4 t , r 1, • Short Ternn Rentals Q STR Permits(73) a Craig&April Dean Agenda Item 22 page 3 of 15 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 2 • Number of off-street parking spaces provided: 2 Craig & April Dean Agenda Item 22 page 4 of 15 Zoning • # Request CUP (Short Term Rental) Approved 04/15/2025 OR(STR-OR) 1 CUP (Short Term Rental) Approved 04/15/2025 , 6 ,.�-- CUP (Short Term Rental) Approved 04/15/2025 -, 5 2 CUP (Short Term Rental) Approved 07/12/2022 501N1�p1.F S� 3 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 10/20/2020 0,R(S�T�R-OR) ,t 3 4 ALT Approved 06/19/2018 , OR 5 ALT Approved 06/07/2016 4 6 ALT Approved 06/07/2016 7 ALT Approved 09/16/2014 1 8 NON Approved 04/27/1993 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • . • The applicant is requesting to operate a two-bedroom Short Term Rental within an existing duplex dwelling. The two-bedroom Short Term Rental is required to have two off-street parking spaces. The site contains a four- car parking pad with two parking spaces for unit in the duplex meeting the parking requirement. 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. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The site is not actively advertised, and there are no prior documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Craig & April Dean Agenda Item 22 page 5 of 15 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 513 201h 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 physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Craig &April Dean Agenda Item 22 page 6 of 15 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. Craig&April Dean Agenda Item 22 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. 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. Craig &April Dean Agenda Item 22 page 8 of 15 Public • • Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 26, 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 June 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 30, 2026 and July 7, 2026. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 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 July 10, 2026. Craig&April Dean Agenda Item 22 page 9 of 15 Site Layout & Parking Plan r Y4 4 Car _. Parking Pad, 2 per unit m 0..h L � Craig &April Dean Agenda Item 22 page 10 of 15 1 fjlr, e , q). 4 Site Photos 1 Craig & April Dean Agenda Item 22 page 11 of 15 Disclosure Disclosure VB_ CITY 0[ 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: J as listed on application L111fa C4 2 Z 1 t2 t"' t� Is Applicant also the Owner of the subject property? Yeso N-0 If no,Property Owner must complete SECTION 2: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? YesQNoQ If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity I relationship with the applicant.(Attach list if necessary.) 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(D' 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 entitv and/or individual Financing(mortgage,deeds of trust, e,/ O cross-collateralization,etc.) lam_ Real Estate Broker/Agent/Realtor 0 ar Disclosure Statement I rev. M a y-2024 page 1 of 3 - � Craig& April Dean Agenda Item 22 page 12 of 15 Disclosure • DISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 . Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,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 Oadyor coim� n connection with this application. _ ti Applicant Name(Print) Apppeant Signature Date 1"Parent-subsidiory relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act VA.Code§2.2-3101. 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 shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 6/23/2026 Alexis Bailey <<' ./Plrt �Vl7ni�Pri 6/26/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Craig&April Dean Agenda Item 22 page 13 of 15 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: I as listed on application 4 /1C4_1Tf� Is the Owner a corporation,partnershij,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 z relationship with the applicant_(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso Nokv if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No Q' If yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services 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 YE5 NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, 0 O cross-collateralization,etc.) Yo V Q ry Real Estate Broker/Agent/Realtor/ Accounting/Tax Return Preparation v tt 1 3.1 Architect/Designer/Landscape 0 Architect/Land Planner �-y Construction Contractor 0 V Engineer/Surveyor/Agent 0 el Legal Services PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this Form is complete, true,and accurate.!understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information p/6%dam,e f erein three weeks prior to the meeting of Planning Commission, City Council, VBOA,CBPA, We-la s Boar or any public body or com ittee in connection with this a pli tion. - Property r Name( mt) Property Owner Signature Dat Disclosure Statement I rev. May-2024 page 3 of 3 Craig & April Dean Agenda Item 22 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. Craig&April Dean Agenda Item 22 page 15 of 15 STIR VICINITY MAP CRAIG & APRIL DEAN o o 00 ` p ©p p 10 0 t ' , , _ O 1 _ � O i 111 , , 19tH`'S p 4 Short Tern Rentals _- — 0 STR Permits(73) Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #22 Craig & April Dean Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item twenty-two, Craig and April Dean. Mr. Coston: Tell us about that one, then. Mr.Dean: The second one, right now,it's a duplex. My daughter is living in it with her husband, and she's getting ready to go in the Navy. Wants to fly jets. But yeah, this is basically for next year. She's going to be in there till October,November, and this will be for next year. And again, it doesn't increase any traffic because we have it rented out during the off season, and then we just Airbnb for three months in the summertime, and that's it. Has been fully renovated. Has the electrical, fire alarm, carbon monoxide, fire extinguisher, and I know all the rules. Ms. Dean: And there's plenty of parking there. Mr. Plumlee: Is this one? Do we have a speaker? Clerk: Yes, we have two speakers. Mr. Coston: Okay,y'all can be seated for a moment while we get the other speakers to come. Mr. Dean: Can we go sit down? Mr. Coston: Yes. Clerk: Our first speaker is Sarah Welch, followed by Sandra Diedrich. Mr. Coston: Good afternoon. Ms. Welch: Good long afternoon. My name is Sarah Welch, and I reside at 522 20th and a Half Street. And we actually have the other two proposals after this, I believe, are on our street. So we have three in a row that are all proposing short-term rentals. I stand in opposition of these short- term rentals and the conditional use permit. And the rationale for my opposition is that we are already active with several homes that are either legally permitted or unpermitted on our street. I consider our street—the 35 homes between Mediterranean and Baltic, north of 20th Half, and south of 21 st Street. And on each end of Mediterranean and Baltic, there are also short-term rentals. So when you're coming down our street,turning onto Mediterranean, there's a short-term rental,and when it's full,it's really hard to see to pull out onto Mediterranean. We've had situations of just in general, loud tenants, parking issues, lawns unkempt. And with the new Atlantic Park, which is a great facility,we've become more of a thoroughfare than we had in the past. Regularly, especially through the hundred days of summer that Mr. and Mrs. Dean have already commented on, there are parking issues on move-in, move-out days. Those are typically on the weekends, when more of us are home. I still work full time, and I believe based on the code of one parking space per bedroom,there's just not ample parking on this half street. In this situation, these three addresses all in a row. I personally experienced a situation where I had a renter from one of the other homes knock at my door and ask if they could pay to park in my driveway. I moved to Virginia Beach in 2019. I moved here for personal hardship. I purposely bought my house where I did because it was a neighborhood. I looked from Sandbridge to East Beach, and I ended up in the Vibe District because it was walkable and it seemed like a neighborhood. And I didn't buy in other parts of Virginia Beach because of the higher concentrations of investor real estate. And as a homeowner, I'm concerned with the potential of too much investor real estate on my street. I'm also concerned about property value,home upkeep, safety—a lot of the things you've heard about today. So I'm requesting you consider not approving for this short-term rental because we know it's the address that gets the STR approval, not the owner. So they can sell the property, and it's still the address. If we continue to have investor real estate, I think zoning really needs to think about a density cap. Pve talked a lot to Worth Remick about this, Councilman Remick. So I respectfully request my feedback into consideration. Thank you. Mr. Coston: Commissioner Plumlee. Mr.Plumlee: Just one question. With regards to the condition of 20th and a Half Street and using this half street for parking,try to help describe if you could a little more. What's happening in the summertime? And if you could give us some detail, what's going on there that's disruptive in particular? Ms. Welch: Sure. Move in, move out. Right. There's usually a couple parking spots per house that are in front of the home, and then people will pull up behind the two cars that are in the driveway on our half street, unload stuff. They have their flashers on. They have somebody standing there waiting. They unload their stuff and then they park wherever they have to park. But when I pull out of my driveway to go to the grocery store, go to my sister's, go anywhere, I either have to not pull out and go down Mediterranean, or pull out left to go down Baltic. It's just inconvenient. It's inconvenient, and it's transient neighbors. Mr.Plumlee: And it's commercial, is it not? Ms. Welch: That's not my neighborhood. Mr. Plumlee: Thank you. I appreciate that. Ms.Welch: Yep. Mr. Camp: Ma'am,may I ask you a question? Ms.Welch: It's okay. Mr. Camp: Are you aware that City Council has considered changing the boundaries for where short-term rentals may occur? Ms. Welch: I didn't get there in my talking points because I was running out of time. Mr. Camp: So you are aware of that? Ms. Welch: I was told, neighborhood grapevine, that city council had decided to revoke the overlay change. Mr. Camp: Well, if I may correct that understanding, City Council has sent that issue to us, and at our morning conversation, which you may want to play the tape back on, we talked about what we're going to do with that and when. It will be scheduled for a future hearing. And to the extent that you have strong opinions—I do about investor activity where you live—I would invite you to please engage and share those opinions when that topic is back before us. Ms. Welch: I certainly will. Thank you. Mr. Coston: Before you go, one more comment from me. Have you ever called 311? Ms.Welch: I haven't needed to call. But I will say that, and this is information I've shared when I've been in front of this council or city council in the past. We had a neighbor who did rent their house. They ended up selling it because the first time they rented it, it was out of control, and so that time it was called. Mr. Coston: Well, you can call anytime there's any type of disturbance where you might need some assistance. Ms.Welch: I understand. Mr. Coston: And it also documents what's going on there. Ms.Welch: Fair enough. Thank you. Mr. Coston: You're welcome. Clerk: Our final speaker is Sandra Diedrich. Ms.Diedrich: Hi,my name is Sandra Diedrich,and my husband and I live at 518 20th and a Half Street, and we are in opposition to this property being given a short-term rental permit. We've been having a lot of difficulty. In fact,the next two that will be presented,they haven't even gotten approval, and the properties are already being rented as short-term rentals. And I think one of my perceptions is that owners are renting properties prior to receiving approval for short-term rental permits. They have the attitude that they will automatically get approved. So they purchase them; they're kind of told, yes, you could get—you're in the district. You get your approvals,but we're never really heard. The expansion of short-term rentals continues on a street. I don't feel like it's a neighborhood. It's just a vacation area. Recently, in the Virginian-Pilot article, it stated approximately 40% of short-term rentals are operating illegally. This is discouraging. With at least two properties-511 and 524 on our block—are operating illegally without STR permits. Nothing is being done regarding these properties. There is no oversight or recourse. We feel there are no consistent regulations regarding short-term rentals or enforcement. Our street is an alley. It's not a road. It's an alley, and barely two cars can pass. And on April 13th of this year, there was a significant garage fire with multiple fire trucks and emergency vehicles on our street managing the fire to ensure it was contained to just the single structure. Again, it was very difficult for anyone to pass through, and we understand that we did not want that to happen. We cannot accommodate all the extra cars due to short-term rentals, especially during the summer months,with concerts at the Dome. We have experienced even heavier traffic looking for vacant parking spots, causing unnecessary congestion. We retired and moved to Virginia Beach in 2018 with the anticipation of enjoying a beach lifestyle and friendly street with other families,not a community of vacationers coming and going,with no attachment to our neighborhood. We are equally concerned with maintaining our property value with the increase of short-term rentals on our street. We respectfully request that you consider not allowing these three addresses to become short-term rentals as you make your upcoming decisions. Thank you very much. Mr. Coston: Commissioner Camp. Mr. Camp: It's a question based on her testimony for staff. Were the addresses that she just mentioned stating that there are illegal short-term rentals? Was staff aware of that? And does staff want to respond to the comment that we just heard on testimony that nothing's being done about it? Ms. Bailey: So I looked at 511 20th and a Half Street, and I'm not showing where we've received any complaints about that one. It does show that there was an application for an STR from a couple of years ago, but that it was withdrawn. But I'm not showing any complaints for that property. For the other one, 524 20th and a Half Street, I am showing a couple of complaints here, and I'll have to do a little more investigating to see where we are with those. Mr. Camp: So, Ms. Bailey, would you be willing to speak to the witness about these other properties and make sure that you've got the information? You said you don't have a complaint on file,but it sounds like she's forming a complaint. Ms. Bailey: Yes, we can. I will log that as a complaint and have an inspector look into that one. Ms.Diedrich: Also,we've also met with Worth Remick,and he's aware of both of these addresses being not permitted. Mr.Camp: I appreciate that. I'm trying to get you right to the folks who are enforcing these regs. All right. Thank you so much. Ms. Diedrich: Thank you very much. Ms. Moorjani: Just for clarification, the property in question at the moment of the applicant is there. Has there been any complaints on this property? Ms. Bailey: Not for this property. Mr. Coston: Okay. Was that the last speaker? Clerk: That was our last speaker. Mr. Coston: Okay, applicants, if you would return to the podium so that you may rebut. Mr. Dean: It doesn't increase any traffic at all. Because if there's not a tenant in there, it's still only two cars per unit, and we have room for five parking spots in our space there. Mr. Coston: Any questions? Do I hear a motion? Mr.Plumlee: Well,I'll make a motion,but it's not to approve it. I'll just tell a quick story because we have plenty of time. I served on the Wetlands Board,and I voted against every single bulkhead improvement on Sandbridge. And I don't think I ever got a single voter with me. But it was the only way I could say, "you're ruining this beach. You're never going to stop the sand from moving anyway." Mr. Plumlee: At some point, I've been looking when I'm going to dig in and say no to these things. I'm a little tired of them, quite honestly, and it's nothing personal to the two of you. We're hearing complaints from residents. We are a car society. It's not Rome, where we walk everywhere. Everything requires a parking space, and two bedrooms requires two parking spaces. So, this is a half street where all this activity back and forth is occurring, and it's gotten to me. I don't know how many dozens of these I've approved,but this one I'm not going to support. So, in the way it works in reverse, if they go against me, you win and I lose. They don't need to pass it. They can vote against me. So I'm making a motion. I may not get a second. I'm making a motion to deny or to recommend denial of this application for short-term rental. Mr.Dean: Can I say something? I'm just—hearing is over. Oh, I'm sorry. Sorry. Mr. Coston: Is there a second? Well, do I hear another motion? I'll make a motion to approve. Ms.Moorjani: I'll second it. Mr. Coston: It has been moved by Commissioner Mauch and seconded by Commissioner Moorjam that this item be approved. Thank you for discussion. Mr. Mauch: I can appreciate Commissioner Plumlee's want and desire to kind of limit the amount,but we're kind of stuck with an overlay that some people like, some people don't. And in my opinion, to deny this application, there being no complaints on this property, I just don't see how it could work. Mr. Plumlee: I just want to address the no complaints, and I don't want to interrupt you, Commissioner Mauch. But they don't have it yet. Mr.Mauch: Correct. Which means they're not doing it illegally. Mr. Plumlee: Well, on this one,but the last one they did. Mr.Mauch: Correct. Mr. Plumlee: And I'm only going to—I don't want to parry with you. We're waiting for the equipment to be fixed. But yes, I do. This is my point, and these are conditional use permits. So we grant them still, even in the overlay. So I just want to make those points since you brought them up. Mr. Mauch: Yeah, I think that's fair. I just think that to deny one without anything that's really substantial, I just—I did the same thing. Would put us as a city in a bind,but I could be wrong. Mr. Plumlee: It did. It was on the same street. Clerk: Can I say something? Mr. Coston: Okay, say something. Clerk: We have the movers logged in. I was just waiting to see. Are we still having discussion or no? No, the vote is open. By a recorded vote of ten to one, item twenty-two, Craig and April Dean, has been recommended for approval. Mr.Dean: Thank you very much. Mr. Coston: Nice thing. Vote Tall Commission Member AYE 10 NAY 1 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch Ix Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 513 20tn 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 physically present at the Short Term Rental within one (l) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. May 30, 2026 To: City of Virginia Beach Planning Commission My name is Sarah Welch and I reside at 522 20 1/2 Street down the street from the three (3) proposed short-term rentals at 509 & 511 20 1/2 Street and 513 20th Street. I stand in opposition of these proposed Short-Term Rental (STR) conditional use permit (CUP) requests. My rationale for this opposition is our street is already active with several homes that are either active as legal permitted (518 21 St St., 525 20th St., 2003 Mediterranean) or unpermitted (524 20 '/2 St.) short-term rentals. There are 35 houses between Mediterranean and Baltic on north side of 20th, 20 '/2, and south side of 21 St streets. As well as Baltic and Mediterranean at these intersections. With the current number of STRs, we have had situations of loud tenants, parking issues, and the lawns unkept. With the new Atlantic Park our street (alley way) has become more of a thoroughfare. The STR at 2003 Mediterranean makes it difficult to pull out when fully occupied with renters. Regularly, especially through the 100 days of summer, there are parking issues on move in and move out days. I believe based on the code of 1 parking space per bedroom there is not ample parking. In this situation of 3 addresses, it may cause even greater parking issues on move in and move out days. I personally experienced a situation where had a renter came to my home and ask if they could pay me to park in my driveway. I moved to Virginia Beach and into my home in May 2019. 1 purposefully bought this house in this neighborhood as it was in a single-family home area with homeowners in most of the houses. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate properties. As a homeowner, on this small street (basically an alley way) I am concerned with the potential for too many investor properties in a half block situation. I am also concerned about the potential of property value degradation, home upkeep, and safety within our neighborhood with too many homes as investor real estate properties. I am requesting that you consider not allowing these 3 addresses all in a row to become short-term rentals. If we must continue to have investor real estate in the Ocean Resort district, I am requesting that this council consider a density cap to ensure that no one neighborhood turns into an area where the propensity of homes is investor-owned and short-term rentals. I believe that no more than 5-10% of the homes in each location should be investor and short term rental. I know that Councilman Remick has been trying to get the overlay changes and that was recently defined. Given this new information, I continue to request that you think about the density cap as part of the zoning redesign. I respectfully request you take my feedback and not allow these 3 STRs onto our very small street into consideration as you make your upcoming decisions. Thank you in advance for your time. Sarah R. Welch 522 20 '/2 St. Virginia Beach, VA 23451 srwelch64@icloud.com 704.609.1590 -y 2GU� ICAVE 2013 554 zan 42 516-B 508 t 1 s; 2004 518 2007 �r 526 524 522 512 530 St8-CM 516-A 522-CM 508-B - �... 518 -.. --�" . 4,2 522 2005 1 6S 5 ? _ g 524 _ fi "' 429-CM 2005 t CAVE 2003 h AVE � 2001 r St8 s r _ 523 s } .A�. 1 523CM S1T .r. z ;a AGO 49g i ^ — t 323 521 ,•• 24T } t OW z 5M1420TH s y P —` 33f ll 3N,11 ` 1900BALncAVE of Virginia Beach,VITA,Esri,HERE,Garmin,INCREMENT P,US From: michael k To: Alexis Bailey Subject: Formal Opposition:Conditional Use Permit Application—513 20th Street Date: Friday,June 5,2026 7:58:32 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the Planning Commission, I am writing to formally voice my opposition to the Short-Term Rental (STR)Conditional Use Permit application submitted by Craig and April Dean for the property located at 513 20th Street, to be heard on Wednesday, June 10, 2026. As a long-term resident and the owner of the primary residence at 522 21 st Street, I have witnessed firsthand the uncontrolled expansion of STRs throughout our immediate neighborhood. The cumulative impact of this unchecked growth has fundamentally eroded the character of our community. What was once a neighborhood defined by stability and residential normalcy has been transformed, disrupting the peace of the families who have invested here. Furthermore,this proliferation continues to remove essential housing stock,making it increasingly difficult for those who live and work in our area to find permanent, affordable homes. Given the existing density of STRs already surrounding my property, I urge the Commission to deny this application. Preserving our remaining residential inventory and protecting the quality of life for full-time residents must take precedence over further commercial conversion. Thank you for your time and your commitment to the long-term well-being of our community. Respectfully, Michael Kisiel 522 21 st Street 1 1 OR(STR-OR) 2p�H HPLF ST u OR(STR- OAR ® site Adarsh Jain Zoning 511 20th 1/2 Street Property Polygons Feet 0 10 20 40 60 80 Mao created by Plannino Department on 6/9/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ADARSH JAIN [Applicant] SHELLS AND PEARLS LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 511 20t'"/2 Street (GPIN 24179799630004). COUNCIL DISTRICT 6 (Remick) MEETING DATE: July 14, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a four-bedroom condominium unit located at 511 20tn '/2 Street. The site has no prior zoning complaints or violations. The site is not currently advertised, and there are no prior documented stays. ■ Considerations: The four-bedroom Short Term Rental is required to have four off-street parking spaces. The site has two assigned parking spaces for the unit, and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two off-street parking spaces at a privately owned and operated commercial parking lot at 2016 Arctic Avenue, located 0.13 miles from the site, for a total of four parking spaces. 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. Staff received three letters of opposition to the request, and two speakers spoke in opposition at the Planning Commission hearing, citing concerns about parking and impacts to neighborhood character. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 1. 1. The following conditions shall only apply to the dwelling unit addressed as 511 20th '/2 Street, and the Short Term Rental use shall only occur in the principal structure. Adarsh Jain Page 2 of 5 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Adarsh Jain Page 3 of 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time Adarsh Jain Page 4 of 5 or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (3) Adarsh Jain Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: �w Agrenda A•• Adarsh Jain Property • and Pearls' • • ' • 1 2026 VB' CouncilCity Project Details Request Conditional Use Permit (Short Term Rental) a a lfst1 sy `fit Staff Recommendation $ 1> ; Approval , Staff Planner Alexis Bailey ?,'` Q t 1TS0$ ` m ST n Location H N N ZOTH HA F ST �r m 13 '� ym 511 20th %Street y '` GPIN loTH ST 9TH ST - 24179799630004 _ N G 7' �m _ Site Size oReHnMs n r- 1 TH ST LA L 2,068 square feet a�HAeEA e� AICUZ �` 16TH ST 65-70 dB DNL; Sub-Area 1 Wa tershed Chesapeake Bay Existing Land Use and Zoning District Condominium/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North �' F 20th%Street Single-family dwelling, duplex dwelling/OR Oceanfront Resort South 20th St reet Single-family dwellings/OR Oceanfront Resort East s Multi-family dwellings/OR Oceanfront Resort West Duplex/OR Oceanfront Resort Adarsh Jain Agenda Item 23 page 1 of 16 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 511 20th '/z Street. The site contains a four-unit condominium and is zoned OR Oceanfront Resort District • According to City records, this four-bedroom unit was constructed in 2025. • Staff inspected the site on April 15, 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. • The site has no prior zoning complaints or violations. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental, and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of April 13, 2026, as shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Adarsh Jain Agenda Item 23 page 2 of 16 Short Term Rentals in the Vicinity - -f 001, 0 �y r tl It i ' 1 0 t tN = © - s ; ', Short Term Rental: 0 STR Permits(77) Adarsh Jain Agenda Item 23 page 3 of 16 ProposalSummary 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: 4 • Maximum number of guests permitted on the property after 11:00 pm: 8 • Number of parking spaces required (1 space per bedroom required): 4 • Number of off-street parking spaces provided: 4 (2 provided on-site, 2 provided off-site) Adarsh Jain Agenda Item 23 page 4 of 16 Zoning • # Request CUP (Short Term Rental) Approved 04/15/2025 1 CUP (Short Term Rental) Approved 04/15/2025 CUP (Short Term Rental) Approved 04/15/2025 2 CUP (Short Term Rental) Approved 07/12/2022 CUP (Short Term Rental) Approved 10/20/2020 3 CUP (Short Term Rental) Approved 10/20/2020 Z�tN H , 2 R 1 3 4 ALT Approved 06/19/2018 5 ALT Approved 06/07/2016 6 ALT Approved 06/07/2016 7 ALT Approved 09/16/2014 Z 20�N 8 NON Approved 04/27/1993 my- 8 �. �QR(STR-OrR�) 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 four-bedroom Short Term Rental within an existing condominium. The four-bedroom Short Term Rental is required to have four off-street parking spaces. The site has two assigned parking spaces for the unit, and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two off-street parking spaces at a privately owned and operated commercial parking lot at 2016 Arctic Avenue, located 0.13 miles from the site, for a total of four parking spaces. 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. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The site is not actively advertised, and there are no prior documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Adarsh Jain Agenda Item 23 page 5 of 16 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 511 20th 2 Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. S. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Adarsh Jain Agenda Item 23 page 6 of 16 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. Adarsh Jain Agenda Item 23 page 7 of 16 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, 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. Adarsh Jain Agenda Item 23 page 8 of 16 Public • • Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 26, 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 June 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 30, 2026 and July 7, 2026. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 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 July 10, 2026. Adarsh Jain Agenda Item 23 page 9 of 16 STR �M VEC.551- 20A OF IMO COOL %R. 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Y 2005 524 r 2003 ] 421 2 100E ,� 505 139 2001 � 'i9 5i5 2M2 523 5t17 2003-t37 613 in 400 525 5210 }; 5T 2447 7903-A 19i5 19ii6 2D4 5,25,23td6 19D5 74D3§7 �p 1�9i0S?Si2 6" 5M UW 502 1906 1 -2di 5??Di79Q5 211 #5-2310+5 2d 3g�S 26i8 � 516-A 511 512 1905 260Tgp 5 2�$ 1gp3 2215 5-251 51A 152l15 5-2424 5i6.CM1 1��g52'di. 4% s;kG 1 1 J7 119U5 2319 2328 INS `-T)A507.A 19052527- Adarsh Jain Agenda Item 23 page 11 of 16 Site • • W7 - F7., yy 1 F Adarsh Jain Agenda Item 23 page 12 of 16 Disclosure DisclosureVIRGINI BEACH Lit 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 ether bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Adarsh Jain is Applicant also the Owner of the subject property? Yeso Noe o property Owner must complete SECTION 1:PROPERTY OWNER DISCLOSURE(page 3) Does Applicant have a Representative?Yese NoO f yes, name Representative: Host my Home_Shannon Neiman!Brittnee Marsaw/Sara Norris Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoe Yes, list the names of all officers,directors,members,or trustees below AND businesses that hove a aarert-subsidiary'or affiliated business entity relationship with the opplicont. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • -`yes name proposed or pending purchaser: i______ _ KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesO Noe `yes, name the official or employee,and describe the noture of their interest. 1 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 and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER _Lame entity and or individual Financing(mortgage,deeds of trust, O O cross-collateralization,etc. Real Estate Broker„/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 l Adarsh Jain Agenda Item 23 page 13 of 16 Disclosure SECTIONDISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting(Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O O Engineer/Surveyor/Agent 0 0 Legal Services 0 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Adarsh Jain U�,)LL, 03/31/2026 Applicant Name(Print) Applicant tgrrature Date 1"Parent-subsidiary relationship"means a relationship that exists when one corporation directly or indirectly awns shares possessing more than 50 percent of the voting power of another corporation."See State and local Government Conflict of Interests Act,VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 6/24/2026 Alexis Bailey____ 6/26/2026 Staff Name(Print) Staff Signature Date _w ......._........, . Disclosure Statement I rev. M a y-2024 page 2 of 3 Adarsh Jain Agenda Item 23 page 14 of 16 Disclosure SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: cs listed on application Shells and Pearls LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YesOi NoQ if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or p filiated business entity 2 relationship with the applicant.(Attach list if necesso .) IAdarsh Jain, ShilpaJain Does the subject property have a proposed or pending purchaser? Yeso No& if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o No G) If yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O O cross-collateralization,etc. Real Estate Broker/Agent/Reakor O Accounting/Tax Return Preparation Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 0 En ineer/Surveyor/ ent 0 G Legal Services 0 G 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 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 r c mittee in connection with this application. Adarsh Jain U 7 03/31/2026 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Adarsh lain Agenda Item 23 page 15 of 16 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Adarsh Jain Agenda Item 23 page 16 of 16 STIR VICINITY MAP ADARSH JAIN r s� 0 a 2�Sj""� o 00 t st , O , , , : 0 " Q i rn v , , , r L m, 0 �1 _ _ t• __. A—A -_ r• o , - Short Term Rentals > 7 STR PerYnits(7'7).w _ E Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #23 Adarsh Jain Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item twenty-three, Adarsh Jain. Ms. Norris: Hi,my name is Sarah Norris. I'm the representative of this home. I am the Director of Operations for Host My Home, a professional short-term management company. We manage about 85 short-term rentals total, about 35 in Virginia Beach. I do want to clear up, and I do have evidence of it here, that we are not operating illegally. We do have a guest in both of the homes that are coming up,both over thirty days. I have proof of that here in the reservations. It is one of the things that's concerning that it's so easy to make a false complaint, and I just want to clear that up. We take this very seriously. All of our homes are legal. We operate legally. These owners of this and the next one just bought these homes within the last two months. They have taken the time to get it ready, invested in within the overlay in a tourist area. And I just do want to clear up that our team and our company—I'm born and raised here. I know it's a great place to come and visit. We take it seriously, and I want to clear up that for both of those homes, they are not operating illegally. And if anybody would like to see that, I have that here for you. If you have any other questions, I'd be happy to answer. Mr. Plumlee: I'm sorry. Was there anything in the staff report about violations on this site? Ms. Norris: Yes. Mr. Plumlee: Okay. Ms. Bailey: There are none. Mr. Plumlee: But that was the comment that there are none. Ms. Bailey: That's correct. It's in your staff report that there are no violations. Ms. Hippen: But it says known short-term rental activity. The last bullet says this site has no prior... then it says, then there's another bullet, and then it says known short-term rental activity as of April 13. Ms. Bailey: Right,but then the chart says none for all. Ms. Hippen: I know. That's why it's confusing. Ms.Bailey: But if you see the bullet above it,this site has no prior zoning complaints or violations. Maybe it's just missing. Mr. Plumlee: It should say no known short-term. Ms. Bailey: Well, that's what the table says. Ms. Hippen: Right. I was just explaining why she was saying they operated legally. Mr. Coston: Any questions? Anybody want to make? Oh, Commissioner Camp. Mr. Camp: We have speakers. Then I'll hold the questions. Mr. Coston: Okay. Clerk: We have speakers. Sarah Welch and Sandra Diedrich, if they'd like to come up again. Ms. Welch: Thank you. And I won't bore the commission with the same information again, but I will share that this quad was just built. I believe the homeowners who built it or who bought these two properties do not live in Virginia Beach. They will be managed. They are not neighbors. I will go on to say that I bought in this area to be a neighborhood. Thank you. Clerk: Sandra Diedrich. Ms. Diedrich: Thank you. Our concern with these two side by side duplexes is that they are identical duplexes attached. Behind them are on 20th Half Street, and their parking is in front of these units. So each of these two units have two parking spaces,yet they're four bedrooms.It looks like they have four spots;they do not. Because on 20th Street,their parking is also in front of 20th and a Half Street. So these two duplexes, even though they're four bedrooms, only have two parking spaces in front of their houses. Because the units behind them on 20th Street also park on those concrete driveways. So that is our concern: where, if you only have four bedrooms and two dedicated parking spaces, where are the other two cars going to park? So that is one of our big objections. There's not enough parking. If you're going to allow one car per bedroom,there is not enough parking spaces for those two units. Mr. Coston: Okay, thank you. Applicant, if you would like to come back and answer the discrepancy. Ms. Norris: Hi, thank you. We do have the two parking spaces,and mind you, one of the homes within the quad is for sale,and then there's a neighbor directly behind, 511,who the owners myself have spoken with,and he had to sign off for approval on this. We also have two additional parking spaces, per the city's requirement, at a nearby lot. We also, since we're a bigger property management company, we have software systems and we have messages that are very clear in regards to the fact that there are only two parking spaces on site. With any homes where there may be concerns with parking,we make that very clear with check-in instructions to let them know where to park and how many spaces are on site. Of course, I respect their opinions and their concerns. But again, these owners have done everything that they are supposed to do. They're within the overlay. There have been no issues. We have not had violations. I have about 15 years of property management experience. We have a team who has lots of property management experience. I will gladly give them my business card so they can email me directly if there's concerns. We love to work with the neighbors, and we all want the same thing. Mr. Coston: Any questions? Commissioner Camp. Mr. Camp: Yes, ma'am. So this is another one. I'm trying to sort out the who's who here. Ms. Norris: Sure. Mr. Camp: The owner of the property is A&A Vacation Homes LLC. Ms.Norris: Well,we have two of them back to back. 511, 1 think, is the one we're on right now. Mr. Camp: Am I on the wrong application? Ms. Norris: Yeah, that's the next one, 509. Mr. Camp: Who owns the property that we're now talking about? Ms. Norris: Adarsh Jain is the name of the applicant. Mr. Camp: I'm sorry. It says Shells and Pearls? Ms.Norris: That's the LLC that is under,yes. Mr. Camp: Shells and Pearls LLC owns the property. Ms. Norris: Yes. Mr. Camp: The applicant for the short-term rental is Adarsh Jain. Ms. Norris: Yes. Mr. Camp: How is Adarsh Jain related to Shells and Pearls LLC? Ms. Norris: That's his LLC. Mr. Camp: Well, it says that the applicant is not a business because it's this individual who's applying for it. Correct. Ms. Norris: He filled out the application personally. I didn't see how he filled it out. Mr. Camp: All right, and who are you with? Ms. Norris: I'm with Host My Home. We're a representative. I signed up as a representative on behalf. We will be managing the home. Mr. Camp: And how many short-term rentals does this owner have in Virginia Beach? Ms.Norris: This owner,this would be the only one. Host My Home manages about thirty-five. Mr. Camp: Very good. Thank you so much. Ms.Norris: Thank you. Mr.Plumlee: I have a question. So you essentially are signed up to act as the representative, and so everything you're representing to us is attributable to this applicant. Fair? Ms. Norris: That is fair. Mr. Plumlee: Okay. Thank you. Ms. Norris: Thank you. Mr. Coston: Discussion. Motion. Ms. Schoonover: I'll do it. I move to approve. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Schoonover and seconded by Commissioner Hippen that we approve the site. Clerk: The vote is open. By a recorded vote of nine to one, item twenty-three, Adarsh Jain, has been recommended for approval. Vote Tall Commission Member AYE 9 NAY 1 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moor'ani X Mauch Ix Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 511 20th 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 physically present at the Short Term Rental within one (1) hour. 9. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-S (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. May 30, 2026 To: City of Virginia Beach Planning Commission My name is Sarah Welch and I reside at 522 20 1/2 Street down the street from the three (3) proposed short-term rentals at 509 & 511 20 1/2 Street and 513 20th Street. I stand in opposition of these proposed Short-Term Rental (STR) conditional use permit (CUP) requests. My rationale for this opposition is our street is already active with several homes that are either active as legal permitted (518 21 St St., 525 20th St., 2003 Mediterranean) or unpermitted (524 201/2 St.) short-term rentals. There are 35 houses between Mediterranean and Baltic on north side of 20th, 20 1/2, and south side of 21 St streets. As well as Baltic and Mediterranean at these intersections. With the current number of STRs, we have had situations of loud tenants, parking issues, and the lawns unkept. With the new Atlantic Park our street (alley way) has become more of a thoroughfare. The STR at 2003 Mediterranean makes it difficult to pull out when fully occupied with renters. Regularly, especially through the 100 days of summer, there are parking issues on move in and move out days. I believe based on the code of 1 parking space per bedroom there is not ample parking. In this situation of 3 addresses, it may cause even greater parking issues on move in and move out days. I personally experienced a situation where had a renter came to my home and ask if they could pay me to park in my driveway. I moved to Virginia Beach and into my home in May 2019. 1 purposefully bought this house in this neighborhood as it was in a single-family home area with homeowners in most of the houses. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate properties. As a homeowner, on this small street (basically an alley way) I am concerned with the potential for too many investor properties in a half block situation. I am also concerned about the potential of property value degradation, home upkeep, and safety within our neighborhood with too many homes as investor real estate properties. I am requesting that you consider not allowing these 3 addresses all in a row to become short-term rentals. If we must continue to have investor real estate in the Ocean Resort district, I am requesting that this council consider a density cap to ensure that no one neighborhood turns into an area where the propensity of homes is investor-owned and short-term rentals. I believe that no more than 5-10% of the homes in each location should be investor and short term rental. I know that Councilman Remick has been trying to get the overlay changes and that was recently defined. Given this new information, I continue to request that you think about the density cap as part of the zoning redesign. I respectfully request you take my feedback and not allow these 3 STRs onto our very small street into consideration as you make your upcoming decisions. Thank you in advance for your time. Sarah R. Welch 522 20 1/2 St. Virginia Beach, VA 23451 srwelch64@icloud.com 704.609.1590 Wgovxom Map Center Open Data 2013 r' 2008 42 2011 51S-B - yu 2009 518 2007 526 524 522 512 .�;:�*" �- �"'.- 2006 �� 530 518-CM 516-A 522-CM 508-B 530 215T 51 v-. 432 518 �_ 1 --^-' 522 { lie - 2005 Y: 2l ...� �-'- 2004 BALTICAVE 4°" .,-. 5112i7TH 5" ST f 2002SAUKAVE ` 4 u Pro �--20TH- - 51d2JTH 1"7 , S' G. 4 r J _ ! � "'._ 516-p S16-C ��� 1 ��t, j 1 4Q AOCAVE y t. }. ep�► l t 1905 ^« of Virginia Beach,VITA,Esri,HERE,Carmin,INCREMENT P,US From: Karol Hottle To: Alexis Bailey Subject: Comment on Short term rental application for 509 20th 1/2 Street&511 20th 1/2 Street Date: Monday,June 8,2026 7:55:05 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. In 2017 my husband and I purchased our home on 20th Street. 20th Street was a quiet residential block, close enough to the ocean that we could enjoy walking, but away from the busy hotel area. Since then, the block east of us has become a massive parking garage which defied multiple zoning regulations. My objection is that if a short term rental is allowed in the back of a building (20 1/2 Street), the front of the building (20th Street) will follow. Our neighborhood will become an extension of the hotel district. It seems the city is prioritizing tourist over residents. Parking is also an issue. Each of these units has 2 narrow parking spaces for a 4 bedroom unit. I thought a designated parking space was required for each bedroom. If the Jain brothers wish to run a hotel, they should purchase property in an area that already has short term rentals. Sincerely, Karol Hottle 505 20th Street Virginia Beach, VA OR(STR-OR) 0R(ST; r OR _- -_-- 2� SZ ® site Amrish Jain Zoning 509 20th 1/2 Street " Property Polygons Feet 0 10 20 40 60 80 Mao created by Plannina Department on 6/9/2026 o- y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AMRISH JAIN [Applicant] A&A VACATION HOMES, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 509 20t' % Street (GPIN 24179799630003). COUNCIL DISTRICT 6 (Remick) MEETING DATE: July 14, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a four-bedroom condominium unit located at 509 20th '/2 Street. The site has no prior zoning complaints or violations. The site is not currently advertised, and there are no prior documented stays. ■ Considerations: The four-bedroom Short Term Rental is required to have four off-street parking spaces. The site has two assigned parking spaces for the unit, and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two off-street parking spaces at a privately owned and operated commercial parking lot at 2016 Arctic Avenue, located 0.13 miles from the site, for a total of four parking spaces. 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. Staff received three letters of opposition to the request, and two speakers spoke in opposition at the Planning Commission hearing, citing concerns about parking and impacts to neighborhood character. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 1. 1. The following conditions shall only apply to the dwelling unit addressed as 509 20th '/2 Street, and the Short Term Rental use shall only occur in the principal structure. Amrish Jain Page 2 of 5 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Amrish Jain Page 3 of 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11.00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time Amrish Jain Page 4 of 5 or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (3) Amrish Jain Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ' City Manager: 141) Agenda ItemI •• VB ••' • i • • • • • • • CouncilCity • •' Project Details Request Conditional Use Permit (Short Term Rental) �ptN SZ .�R�Nplf 51 Staff Recommendation x Approval p= z�RDSj FS a Staff Planner 5 Alexis Bailey 5' Location N z `p1H HALF st Q r HS G 509 20th % Street m m GPIN Zo.H 5t qZM st N 9 =m 24179799630003 mp Site Size F SS 2,068 square feet Rc PeE AICUZ 6 H5 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay .. _ OVA Existing Land Use and Zoning District , Condominium / OR Oceanfront Resort ' t - Surrounding Land Uses and Zoning Districts k" ST �p North - 'oTNHP�F D 20lhy 2Street m Single-family dwelling, duplex dwelling/ OR Oceanfront Resort 201h Street Z, a Single-family dwellings/OR Oceanfront Resort r � Multi-family dwellings/OR Oceanfront Resort Duplex/ OR Oceanfront Resort Amrish Jain Agenda Item 24 page 1 of 16 Background SummaryofProposal The applicant is seeking a Conditional Use Permit for a Short Term Rental at 509 202h%2 Street. The site contains a four-unit condominium and is zoned OR Oceanfront Resort District • According to City records, this four-bedroom home was constructed in 2025. • Staff inspected the site on April 15, 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. • The site has no prior zoning complaints or violations. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental, and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of April 13, 2026, as shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Amrish Jain Agenda Item 24 page 2 of 16 Short Term Rentalsin the Vicinity per a. i 1 i -- i �, Aw } 4 A • � R A � A , — fl 0�� � A � A c 1 i 1 i 0 - - A SA 1 Short Terni Rentals _ ® STR Permits(77) Amrish Jain Agenda Item 24 page 3 of 16 Summary of Proposal 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: 4 • Maximum number of guests permitted on the property after 11:00 pm: 8 • Number of parking spaces required (1 space per bedroom required): 4 • Number of off-street parking spaces provided: 4 (2 provided on-site, 2 provided off-site) Amrish lain Agenda Item 24 page 4 of 16 Zoning • # Request CUP (Short Term Rental) Approved 04/15/2025 1 1 CUP (Short Term Rental) Approved 04/15/2025 i OR(STR-OR) CUP (Short Term Rental) Approved 04/15/2025 !` 5 61 2 CUP (Short Term Rental) Approved 07/12/2022 CUP (Short Term Rental) Approved 10/20/2020 3 CUP (Short Term Rental) Approved 10/20/2020 2fl Nti1iA , , 2 0 3 4 ALT Approved 06/19/2018 4 QR(STR-OR) 5 ALT Approved 06/07/2016 r 6 ALT Approved 06/07/2016 7 ALT Approved 09/16/2014 y 20TN ST 8 NON Approved 04/27/1993 m ,01R(STRmOR) 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 four-bedroom Short Term Rental within an existing condominium. The four-bedroom Short Term Rental is required to have four off-street parking spaces. The site has two assigned parking spaces for the unit, and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two off-street parking spaces at a privately owned and operated commercial parking lot at 2016 Arctic Avenue, located 0.13 miles from the site, for a total of four parking spaces. 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. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The site is not actively advertised, and there are no prior documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Amrish Jain Agenda Item 24 page 5 of 16 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 509 201h 2 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. Amrish Jain Agenda Item 24 page 6 of 16 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 Amrish Jain Agenda Item 24 page 7 of 16 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. Amrish Jain Agenda Item 24 page 8 of 16 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 26, 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 June 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 30, 2026 and July 7, 2026. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 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 July 10, 2026. 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SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as i;sted Or application Atnnsh Jain Is Applicant also the owner of the subject property? Yes Nt: --- lf no,Property Garner must campJete SECTION 2 PROPER YCIWNER DISCL"O�S'URE(page 3). Does Applicant have a Representative?Yes(D No Ncst MYh" AttK0 Nel "'n/15 1 Kee.M46-A If yes,name Representative: Sierra Alderman(Host My Horne LLC) ' Yam. � }. � Is Applicant a car qc corporation,partnership,firm,business,trust or unincorporated business? Yesor o • ?f yes,list the names of ail officers,directors;members,or trustees below AND businesses that have a parent-subsidiary'ar affiliated business entity'relationship with the applicant. (Attach list if necessary.,i i Does the subject property have a proposed or endin -- p g purchaser, Yes No • _ � —`---— " Of 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) yes name the official or employee,and describe the nature of their interest. i APPLICANT SERVICES DISCLOSURE _ l 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 nome of the entit and/or individual providing such services must be ideni fled.(Attach list if necessary y,i SERVICE YES NO - -- _ SERVICE PRt?ViDER _ ��' - _._.__ _, Name rntit andjor lndiv�dual) Financing(mortgage,deeds of trust, +, cross-collateralization,etc.) a d tRealEstate Broker)%ent/Realtor 0 0 D sdosure Statement I rev. M a y-2024 page page.w_ 1 of 3 Amrish Jain Agenda Item 24 page 13 of 16 Disclosure SECTION - - • SERVICE YES NO SERVICE PROVIDER Name entity andfor individuql) I Accounting/Tax Return Preparation O O Architect/Designer/landscape O Q Architect/Land Planner ��Construction Contractor 0 01, Engineer/Surveyor/Agent 0 Le al 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. _ Amrish Jain 03/31/2026 Applicant Name(Print) Applicant Signa re 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. 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,(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 Store and Local Government Conflict of Interests Act, Vo. Code§1.2-3101. FOR CITY USE ONLY: No changes as of(date); 6/2S/2026 Alexis Bailey r_l7lPtt% Cllh!/ _ 6/26/2026 Staff Name(Print) Staff Signature `��- Date Disclosure Statement I rev. M a y-2024 page 2 of 3 �~ Amrish Jain Agenda Item 24 page 14 of 16 Disclosure SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as tatedon nppl,catlor, A&A Vacation Homes LLC(Amrish Jain &Alpa Kothari)_ Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YeseNoo if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) ,,Amrish Jain,Alpa Kothari-Members _ Does the subject property have a proposed or pending purchaser? Yeso No& {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 e *yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER _ Name entity and/or individual Financing(mortgage,deeds of trust„ O O cross-coliateralization,etc.) --t -- --- Real Estate Broker/Agent/Realtor O Q Accounting/Tax Return Preparation o Architect/Designer/landscape O O Architect/Land Planner Construction Contractor O e Engineer/Surveyor/Agent O E) — - --------- Legal Services 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 nny public body or committee in connection with this application. Amrish Jain _ 4x X "V\ 03/31/2026 Property Owner Name(Print) Property Own r Sig—nature Date Disclosure Statement I rev. May-2024 page 3 of 3 Amrish Jain Agenda Item 24 page 15 of 16 • • 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. Amrish Jain Agenda Item 24 page 16 of 16 STIR VICINITY MAP AMRISH JAIN . Od O a O 0 qx , ' 1 ; O 11;o o O al Short T erne Rentals 0 STR Permits(77) Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #24 Amrish Jain Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: The vote is open. By a recorded vote of nine to one, item twenty-three, Adarsh Jain, has been recommended for approval. Our final item is item twenty-four,Amrish Jain. Ms.Norris: Hi, Sarah Norris. Pretty much the same spiel. It's the same thing. These are brothers. They've purchased at the same time. They closed at the same time. This also has a 30-plus day rental currently in it. We will be managing it. If there's any further questions,I'm happy to answer. Mr. Plumlee: I have a question. What is the average rental per night to stay in one of these locations? Ms. Norris: This one, it depends on the time of year. Mr. Plumlee: Let's say high summer. Ms.Norris: High summer,probably between four to five hundred a night. Mr. Coston: Okay. Thank you. Ms. Norris: Yes. Mr. Coston: Always have the speakers coming back. All right,you can be seated. Ms. Welch: Thank you. Clerk: Yes, Sarah Welch. Ms. Welch: I'll just come in as I did before. These houses haven't even been built a year, and they're already being turned into a short-term rental. Clerk: Sandra Diedrich. Ms. Diedrich: Well, I know same thing. But in the Virginian-Pilot, in the same article,they said that city is considering changing, prohibiting owners from leasing public parking spaces and city garages to meet the parking requirements of one space per bedroom. So,based on those guidelines, if they go through,this property would not have adequate parking spaces. Mr. Plumlee: I have a question, if I may, if she's finished. So, what are you doing to get people to look into this issue? You know, one commissioner is not going to do a lot. Ms. Diedrich: Well, I attend the civic associations, and we talked to Worth Remick, our councilman. Talked to neighbors. I think some other neighbors may have written objection letters. Mr. Plumlee: Other than that's a lot of money, $500 a night, to stop it. Ms. Diedrich: And it's not like we haven't had issues. And like I say, we're getting a lot more traffic on our street due to the Dome. And I'm not saying the Dome is a bad thing. It's just we're a block and a half from the garage, or people just don't want to pay for parking and that type of thing. We have had some issues with parties and things going on at different ones. So I think we're doing all we can respectfully. Mr. Coston: Thank you. Do I hear a motion? I don't think we need it really. So do I hear a motion? Mr. Camp: I have one question for staff. Mr. Coston: Okay. Mr.Camp: If I understand correctly, to satisfy the parking requirement, a space in a commercial parking lot is being utilized. Is that correct? Ms.Bailey: That's correct. Mr.Camp: And so,is it correct that if the matter referred to us by City Council is adopted, it will actually have no effect on this because that only applies to city garages and lots? Ms. Sabo: That's correct. Mr. Camp: Okay,thank you for clarifying that. Ms. Hippen: Motion to approve. Ms. Moorjani: Second. Mr. Coston: Second. It is moved by Commissioner Hippen and seconded by Commissioner Moorjani that this item be approved. Clerk: By a recorded vote of nine to one, item twenty-four, Amrish Jain,has been recommended for approval. That is our final item. Mr. Coston: Thank you for participating today. 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 Moorjani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 509 201E/z 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. May 30, 2026 To: City of Virginia Beach Planning Commission My name is Sarah Welch and I reside at 522 20 112 Street down the street from the three (3) proposed short-term rentals at 509 & 511 20 1/2 Street and 513 20th Street. I stand in opposition of these proposed Short-Term Rental (STR) conditional use permit (CUP) requests. My rationale for this opposition is our street is already active with several homes that are either active as legal permitted (518 21 St St., 525 20th St., 2003 Mediterranean) or unpermitted (524 201/2 St.) short-term rentals. There are 35 houses between Mediterranean and Baltic on north side of 20th, 20 '/2, and south side of 21 St streets. As well as Baltic and Mediterranean at these intersections. With the current number of STRs, we have had situations of loud tenants, parking issues, and the lawns unkept. With the new Atlantic Park our street (alley way) has become more of a thoroughfare. The STR at 2003 Mediterranean makes it difficult to pull out when fully occupied with renters. Regularly, especially through the 100 days of summer, there are parking issues on move in and move out days. I believe based on the code of 1 parking space per bedroom there is not ample parking. In this situation of 3 addresses, it may cause even greater parking issues on move in and move out days. I personally experienced a situation where had a renter came to my home and ask if they could pay me to park in my driveway. I moved to Virginia Beach and into my home in May 2019. 1 purposefully bought this house in this neighborhood as it was in a single-family home area with homeowners in most of the houses. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate properties. As a homeowner, on this small street (basically an alley way) I am concerned with the potential for too many investor properties in a half block situation. am also concerned about the potential of property value degradation, home upkeep, and safety within our neighborhood with too many homes as investor real estate properties. am requesting that you consider not allowing these 3 addresses all in a row to become short-term rentals. If we must continue to have investor real estate in the Ocean Resort district, I am requesting that this council consider a density cap to ensure that no one neighborhood turns into an area where the propensity of homes is investor-owned and short-term rentals. believe that no more than 5-10% of the homes in each location should be investor and short term rental. know that Councilman Remick has been trying to get the overlay changes and that was recently defined. Given this new information, I continue to request that you think about the density cap as part of the zoning redesign. I respectfully request you take my feedback and not allow these 3 STRs onto our very small street into consideration as you make your upcoming decisions. Thank you in advance for your time. Sarah R. Welch 522 20 1/2 St. Virginia Beach, VA 23451 srwelch64@icioud.com 704.609.1590 VBgov.com e ` 12008 BALT Ii A'Jf 2013 t 2011 304 1 2M 42 516E 508 -,h 2009 518 504 218T 5T•' ^. 2"T 526 324 522 512 t- �.- 2006 530 518-CIA 515•A - 522-CM S08-B r-,,. 4-12 M1S 522 518 ! t 2005 yt, 524t ,s Y 2� 1 1` 429-CM Y ; ;. 2005 yfyy.. �.--" ,r,..x�^"'� l407•CM - IONB4LTIG A`E �. 2003 507 50.5 .r0.BAL'nCA'sE 2007 515 509 1 523 519 505 ' t 523CM 517 513 .. 507 51420TH M { 19WI)ALncAVE ` of Virginia Beach,VITA,Esri,HERE,Garmin,INCREMENT P,US From: Karol Hottle To: Alexis Bailey Subject: Comment on Short term rental application for 509 20th 1/2 Street&511 20th 1/2 Street Date: Monday,June 8,2026 7:55:05 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. In 2017 my husband and I purchased our home on 20th Street. 20th Street was a quiet residential block, close enough to the ocean that we could enjoy walking, but away from the busy hotel area. Since then, the block east of us has become a massive parking garage which defied multiple zoning regulations. My objection is that if a short term rental is allowed in the back of a building (20 1/2 Street), the front of the building (20th Street) will follow. Our neighborhood will become an extension of the hotel district. It seems the city is prioritizing tourist over residents. Parking is also an issue. Each of these units has 2 narrow parking spaces for a 4 bedroom unit. I thought a designated parking space was required for each bedroom. If the Jain brothers wish to run a hotel, they should purchase property in an area that already has short term rentals. Sincerely, Karol Hottle 505 20th Street Virginia Beach, VA J. APPOINTMENTS • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • DEVELOPMENT AUTHORITY • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREEN RIBBON COMMITTEE • HISTORIC PRESERVATION COMMISSION • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZE111 REVIEW BOARD • OCEANA LAND USE CONFORMITY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PUBLIC LIBRARY BOARD • STOP INC., BOARD • TIDEWATER YOUTH SERVICES BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 14, 2026. .1 CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:07/07/2026 PAGE: 1 R U T N H C L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIL'S BRIEFINGS A. 2027 LEGISLATIVE AGENDA TIMELINE Brent McKenzie, Legislative Affairs Director B. RETAIL CANNABIS UPDATE Amanda Jarratt, Deputy City Manager Hannah Sabo,Zoning Administrator— Planning II-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES 9-0 A A Y Y Y Y Y Y Y Y Y B B 1. INFORMAL AND FORMAL SESSIONS S S June 16,2026 T T A A I I N N E E APPROVED D D 2. SPECIAL FORMAL SESSION 10-0 A Y Y Y Y Y Y Y Y Y Y June 23,2026 B S T A I N E D [I. MAYOR'S PRESENTATION I. RESOLUTION IN RECOGNITION Dr.Judy Jankowski I. PUBLIC HEARINGS 1. Proposed Ordinance to ADD a satellite absentee NO SPEAKERS location at Princess Anne Library and REMOVE the satellite absentee location of Meyera Oberndorf Central Library 2. DECLARATION AND SALE OF EXCESS 42 SPEAKERS PROPERTY Approximately 300+/-acres at 2500 Tournament Drive(known as Virginia Beach National Golf Course)to Dragas Associates,Inc. K.I. Ordinance to AUTHORIZE acquisition of ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y property in fee simple and the acquisition of CONSENT temporary and permanent easements, either by agreement or condemnation re Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program (HSIP) Project, CIP 100423.025 J CITY OF VIRGINL4 BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:07/07/2026 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K2. Ordinance to MODIFY the boundary of the Old ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Donation Neighborhood Dredging Special Service CONSENT District(SSD)re remove one(1)property and AUTHORIZE the REFUND of SSD Levies K.3. Ordinance re the Compensation of the City ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Manager effective July 1, 2026 (Requested by CONSENT City Council) K.4. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Attorney effective July 1, 2026 (Requested by CONSENT City Council) K.5. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Clerk effective July 1,2026(Requested by City CONSENT Council) K.6. Ordinance re the Compensation of the City Real ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Estate Assessor effective July 1,2026(Requested CONSENT by City Council) K.7. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Auditor effective July 1,2026(Requested by City CONSENT Council) K.8. Ordinance to ADD a third Student Member to the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Flood Prevention Bond Referendum Oversight CONSENT Board K.9. Ordinance to ADD two (2) additional Student ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Members to the Virginia Beach Clean CONSENT Community Commission K.10. Ordinance to AMEND the Attainable Workforce ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Housing Performance(AWHP)Grant Program CONSENT and AUTHORIZE certain actions in furtherance thereof K.11. Resolution to GRANT a permit re ALLOW ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Midwest Medical Transport, LLC (MMT CONSENT Ambulance)to operate in the City K.12. Resolution to EXTEND the Transmittal Date of ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y the Planning Commission's recommendation on CONSENT the proposed Amendments to the City Zoning Ordinance(CZO)to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District and AMEND CZO Section 241.2 re Short Term Rentals K.13. Ordinance to ADD Article VI to City Code ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Chapter 31 re use of expanded polystyrene CONSENT foodservice containers K.14. Resolution to SUPPORT the City's 2026 Round ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Seven(7)Applications to the Virginia Department CONSENT of Transportation(VDOT)re SMART SCALE program I CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S I)A]Il :07/07/2026 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.15. Ordinance to AUTHORIZE temporary ADOPTED,BY 1 1-0 Y Y Y Y Y Y 1" Y Y 1" Y encroachments into a City-owned drainage and CONSENT pondage easement at the rear of 528 Melrose Circle re construct and maintain a timber wharf, rip rap revetment, and maintain an existing timber bulkhead DISTRICT 8 K.16. Ordinance to AUTHORIZE a temporary ADOPTED,BY 1 140 Y Y Y Y Y Y Y Y Y Y 1' encroachment into a City-owned property known CONSENT as Treasure Canal at the rear of 2229 Spinnaker Circle re maintain two (2) existing timber floating piers,existing aluminum boat lift with timber piles, existing aluminum personal watercraft lift,remove and replace an existing timber floating pier and construct and maintain a replacement vinyl bulkhead with two return walls DISTRICT 8 K.17. Ordinance to APPROPRIATE$3-Million of the ADOPTED,BY I 1-0 Y Y Y l' Y Y Y } } } Open Space Special Revenue Fund Balance to the CONSENT FY 2026-27 Capital Improvement Program; AMEND the scope of Capital Project#100667 "Rudee Loop Park Development"; and AUTHORIZE the acquisition of property at 310 Atlantic Avenue from 310-314 Atlantic Avenue, LLC K 18. Ordinance to APPROPRIATE$516,923 from the ADOPTED,BY 11-0 1" 1" Y Y Y Y Y Y Y Y Y Hurd's Cove Special Service District (SSD) CONSENT Special Revenue Fund and$128,227 from private access basin funds within the FY 2026-27 Capital Improvement Program re Capital Project #100210 "Hurd's Cove Neighborhood Dredging" K.19. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $6,000 from the Virginia Department of Criminal CONSENT Justice Services(DCJS)to the FY 2026-27 Police Department Operating Budget re purchase Axon Fuses Core Pro L.1. JOHN TRAN & LIEN NGUYEN / LIEN APPROVED/ 11-0 Y Y l' Y 1' l Y Y Y 1 l NGUYEN NGOC-THI & JOHN TRAN for a CONDITIONED,BY Variance to Section 4.4 (b) of the Subdivision CONSENT Regulations re lot area and width at 1117 Beautiful Street DISTRICT 6 L.2. MATTHEW & JESSICA FIRME for a APPROVED/ 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions to a Conditional Use MODIFIED/ Permit re home occupation at 1492 Back Bay CONDITIONED,BY Landing Road DISTRICT 2 CONSENT L.3. YOUR NOT ALONE LLC for Modification of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y 1" Y Conditions to a Conditional Use Permit re short MODIFIED/ term rental at 207 79" Street,Suite C DISTRICT CONDITIONED,BY 6 CONSENT 1_4. WESTMINSTER CANTERBURY ON APPROVED/ 11-0 Y Y Y Y Y Y Y Y CHESAPEAKE BAY for a Modification of MODIFIED/ Conditions to a Conditional Use Permit re CONDITIONED,AS construct a four-level parking structure at 3100 AMENDED,BY Shore Drive DISTRICT 8 CONSENT J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:07/07/2026 PAGE: 4 R U T N H C L M H C R A H W U M E H G E M R U 1 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 L.5. EMMANUEL B.PLATON/GLASSON APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y PROPERTIES,LLC for a Conditional Change PROFFERED/ of Zoning from Conditional R-51)Residential CONDITIONED,BY District to Conditional I-1 Light Industrial CONSENT District&Conditional Use Permit re automobile repair garage at 3288 Dam Neck Road DISTRICT 10 L.6. DIANE J DAVIS/VIRGINIA HICKORY APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ASSOCIATES LLP for Conditional Use CONDITIONED,BY Permits re adult daycare at 215&241 CONSENT Expressway Court DISTRICT 4 L.7. ANDALE GUEY TACOS LLC / ESTELA APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y GOMEZ/BOWEN PROPERTY VENTURES CONDITIONED,BY LLC for a Conditional Use Permit re open air CONSENT market at 549 Newtown Road DISTRICT 4 L.8. Ordinance to AMEND City Zoning Ordinance APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (CZO)Sections 401,501,901 and 1001 re solar CONSENT facilities as a conditional and accessory use in the agricultural, residential, commercial and industrial districts L.9. Ordinance to AMEND City Zoning Ordinance APPROVED,BY I1-0 Y Y Y Y Y Y Y Y Y Y Y (CZO) Section 207 re building-mounted CONSENT antennas, small wireless facilities and temporary communication towers L.10. Ordinance to AMEND City Zoning Ordinance APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (CZO) Section 203 re minimum parking CONSENT requirements for residential and mixed uses L.11. Ordinance to AMEND City Zoning Ordinance APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (CZO) Article 5 re uses and dimensional CONSENT requirements in the R-2.5 Residential Zoning District L.12. Ordinance AMEND City Zoning Ordinance APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (CZO)Section 105 re nonconforming mobile CONSENT homes M. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION INDEPENDENT CITIZEN REVIEW BOARD PARKS AND RECREATION COMMISSION J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:07/07/2026 PAGE: 5 R li T N H C L M H C - R A H W U M E H G E M R U I C 1 D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N ji ACTIVE TRANSPORTATION ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Kayla Jones- Representing High School Student One Year Term 7/7/2026—6/30/2027 Reappointed: Allison Allred 3 Year Term 8/l/2026—7/31/2029 ADVERTISING ADVISORY COMMITTEE Appointed: 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Bryan Pettit— Representing Member of the VBRA w/ restaurant outside of the Oceanfront Area Unexpired term thru 8/31/2027 BAYFRONT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Marcella Pero— Representing High School Student Elena Vilches- Representing High School Student One Year Term 7/7/2026—6/30/2027 BEACHES AND WATERWAYS ADVISORY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y l l' COMMISSION Michael Agresti- Representing District 5 Patrick Clark- Representing District 4 Steven Gibson- Representing District 6 Lance Lesher- Representing District 8 Daniel Murphy- Representing District 9 3 Year Term 8/1/2026—7/31/2029 OPEN SPACE ADVISOTY COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y l Addison Azar- Representing High School Student One Year Term 7/7/2026—6/30/2027 Reappointed: Dianna McDowell 3 Year Term 8/1/2026—7/31/2029 TRANSITION AREA/INTERFACILITY Appointed: i t-0 Y Y Y Y Y Y Y Y Y Y Y TRAFFIC AREA CITIZENS ADVISORY Lea Matanovic— COMMITTEE Representing High School Student One Year Term 7/7/2026—6/30/2027 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:07/07/2026 PAGE: 6 R U T N H C L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 8:49 PM OPEN DIALOGUE 5 SPEAKERS 9:07 PM