Loading...
HomeMy WebLinkAbout8-18-2026 FORMAL SESSION AGENDA G City of Virginia Beach U rY v FOR A LIFETIME OF aUR NAj�QNS City Council Agenda August 18, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. ADS, INC. OVERVIEW 3:30 P.M. Ryan Angold, CEO—ADS, Inc. (Requested by Mayor Dyer) B. BUREAU OF OCEAN ENERGY MANAGEMENT SEABED MINING UPDATE 4:00 P.M. Nino Ripepi, Associate Professor, Virginia Tech College of Engineering Richard Bishop, Professor of Practice, Virginia Tech College of Engineering (Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Berlucchi and Hutcheson) II. CITY COUNCIL DISCUSSION / INITIATIVES/ COMMENTS 4:30 P.M. III. CITY COUNCIL AGENDA REVIEW 4:45 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:00 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. PUBLIC HEARING 1. LEASE OF CITY PROPERTY—VIRGINIA BEACH FARMERS MARKET Building 1, Space 10 to TFK Deli LLC (d/b/a TFK Deli & General Store), and Building 8, Spaces 23 and 24 to Wild Works of Whimsy, LLC (d/b/a Southern Branch Nursery) H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 16-44, 16-46, 16-51, 16-52, 16-53 and 16-56 and ADD Section 16-51.1 re Workforce Housing 2. Resolution to APPROVE the 2026 Plan of Financing with the Virginia Beach Development Authority (VBDA) not to EXCEED $175-Million, APPROVE certain documents prepared in connection with such financing and AUTHORIZE the execution and delivery of the same 3. Resolution to ESTABLISH a moratorium on the issuance of permits related to any new data centers for twelve (12) months from the adoption of this Resolution or until such time as City Council takes final action on an Ordinance regulating data centers, whichever occurs first 4. Ordinance to AUTHORIZE temporary encroachments into a 5' City-owned drainage and utility easement, located along the sides and rear of 700 Greensboro Avenue re construct and maintain a vinyl bulkhead, return walls and maintain an existing timber bulkhead DISTRICT 5 5. Ordinance to AUTHORIZE the use of$75,000 from the Sandbridge Special Service Fund re creation of a Sandbridge water tower mural (Requested by Mayor Dyer and Council Member Henley) 6. Ordinance to ACCEPT and APPROPRIATE $55,515 from the Edward Bryne Justice Assistance Grant (JAG)to the FY 2026-27 Police Operating Budget re purchase of a narcotics tester and an equine J. PLANNING 1. ALLISON H. SITAR&ANTHONY J. SITAR for a Street Closure re 7.5' x 50' portion of an unnamed, unimproved 15' lane and the eastern 25' x 125' unimproved portion of Holly Road along the rear of and adjacent to 252 Bay Colony Drive DISTRICT 6 RECOMMENDATION: APPROVAL 2• 33rd STREET, LLC for a Street Closure re approximately 3,680 square feet improved portion of 33rd% Street adjacent to 3300 & 3330 Pacific Avenue and 305 33rd Street DISTRICT 6 RECOMMENDATION: APPROVAL 3• 33rd STREET, LLC for a Modification of Conditions to a Special Exception for Alternative Compliance re construct an 85' senior living facility at 3300 & 3330 Pacific Avenue, 305 33rd Street, property east of 3300 Pacific Avenue, property west of 305 33rd Street DISTRICT 6 RECOMMENDATION: APPROVAL 4. 232 JERSEY AVE., LLC for a Conditional Use Permit re bulk storage yard at 233 & 241 Pennsylvania Avenue DISTRICT 4 RECOMMENDATION: APPROVAL 5. CITYVIEW TWO, LLC for Conditional Use Permit re mini-warehouse at a parcel directly north of 20 Constitution Drive DISTRICT 4 RECOMMENDATION: APPROVAL 6. 1036 FP ROAD LLC for Conditional Use Permits re mini-warehouse and bulk storage yard at 1036 Ferry Plantation Road DISTRICT 9 RECOMMENDATION: APPROVAL 7. Ordinance to AMEND City Zoning Ordinance (CZO) Sections 2100 & 2102 and ADD Section 2107 re Workforce Housing RECOMMENDATION: APPROVAL K. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • DEVELOPMENT AUTHORITY • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREEN RIBBON COMMITTEE • HISTORIC PRESERVATION COMMISSION • HOUSING ADVISORY BOARD • HUMANS 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 �� �A " L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT AGENDA ITEM Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the https://vbgov.webex.com/weblink/register/rf8ef42e419537c902l2fd870dff05ee3 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 18, 2026. City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson District 5 rcwilson@VBgov.com 1 757-713-3616 District 1: David Hutcheson I dhutcheson@VBgov.com 1 757-651-7641 District 2: Barbara M. Henley I bhenley@VBgov.com 1 757-426-7501 District 3: Michael F. Berlucchi I mberiucc@VBgov.com 1 757-407-5105 District 4: Dr. Amelia N. Ross-Hammond I arosshammond@VBgov.com 1 757-840-0735 District 6: Robert W. "Worth" Remick I wremick@VBgov.com 1 757-840-5855 District 7: Cal "Cash" Jackson-Green I ciacksongreen@VBgov.com 1 757-629-8792 District 8: Stacy Cummings I stcummings@VBgov.com 1 757-629-8691 District 9:Joashua F. "Joash" Schulman I ichulman@VBgov.com 1 757-840-1291 District 10:Jennifer Rouse I ivrouse@VBgov.com 1 757-840-1821 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney I City Manager Amanda Barnes I City Clerk Mark D. Stiles I City Attorney Sue Cunningham I City Real Estate Assessor Lyndon S. Remias I City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach,VA 23456 Phone:757-385-4303 1 Fax:757-385-5669 I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. ADS, INC. OVERVIEW 3:30 P.M. Ryan Angold, CEO —ADS, Inc. (Requested by Mayor Dyer) B. BUREAU OF OCEAN ENERGY MANAGEMENT SEABED MINING UPDATE 4:00 P.M. Nino Ripepi, Associate Professor, Virginia Tech College of Engineering Richard Bishop, Professor of Practice, Virginia Tech College of Engineering (Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Berlucchi and Hutcheson) II. CITY COUNCIL DISCUSSION / INITIATIVES/ COMMENTS 4:30 P.M. III. CITY COUNCIL AGENDA REVIEW 4:45 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:00 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. PUBLIC HEARING 1. LEASE OF CITY PROPERTY—VIRGINIA BEACH FARMERS MARKET Building 1, Space 10 to TFK Deli LLC (d/b/a TFK Deli & General Store), and Building 8, Spaces 23 and 24 to Wild Works of Whimsy, LLC (d/b/a Southern Branch Nursery) ,-.1f� Z. ) v �•�i f/f PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, August 18,2026,at 6:00 p.m.in the Council Chamber,City Hall-Bldg.1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City-owned property located at the Virginia Beach Farmers Market: 1) Building 1,Space 10 consisting of approx.939 sq.ft.of space and a storage space consisting of approx.100 sq.ft.,to TFK Deli LLC(d/b/a Team Fat Kid Deli& General Store),and 2) Building 8, Spaces 23 & 24, consisting of approx.1,126 sq. ft. of space to Wild Works of Whimsy, LLC (d/b/a Southern Branch Nursery) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385-4303; hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works/Real Estate,2473 N. Landing Road,Building 23,Municipal Center at(757)385-4161, pwrealestate@vbgov.com. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 18,2026. 2. Download WebEx and view the meeting at: https://vbgov.wet>ex.com/web I i n k/re9ister/rf8ef42e419537 c90212fd870dffO5ee3 All interested parties are Invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 9,2026 t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with TFK Deli LLC for City-Owned Property Known as Building 1, Space 10 and the Guard House in the Virginia Beach Farmers Market PUBLIC HEARING DATE: August 18, 2026 MEETING DATE: September 1, 2026 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 10 in Building 1 at the Virginia Beach Farmers Market, consisting of approximately 939 sq. ft. of space (the "Store"), together with a storage building (the "Guard House") consisting of approximately 100 sq. ft. of space (the Store and the Guard House, collectively, the "Premises") and received three responses. An RFP committee evaluated all the responses to the RFP and recommends that a lease be awarded to TFK Deli LLC, a Virginia limited liability company (d/b/a TFK Deli & General Store) ("TFK"). TFK would utilize the Store for the sale of deli items and meats, cheeses, salads, homemade sauces, condiments and dressings, prepared sandwiches and soups, and the Guard House for storage of nonperishables, and for no other purpose. ■ Considerations: The initial term of the Lease is for two (2) years and ten (10) months, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice. For rnore specific terms, see Summary of Terms attached to the Ordinance. Typically leases at the Farmers Market run for terms of up to 5 years, including renewals. The initial term of this Lease is for two years and ten months rather than three years so that the Lease stays on the same schedule as other leases at the Farmers Market. ■ Public Information: A public hearing was advertised on August 9, 2026 in The Virginian-Pilot and will be held on August 18, 2026. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: 1 AN ORDINANCE AUTHORIZING THE 2 CITY MANAGER TO EXECUTE A 3 LEASE WITH TFK DELI LLC FOR 4 CITY-OWNED PROPERTY KNOWN AS 5 BUILDING 1, SPACE 10 AND THE 6 GUARD HOUSE IN THE VIRGINIA 7 BEACH FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 10 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia 11 (the "Farmers Market"); 12 13 WHEREAS, the City issued a Request for Proposals ("RFP") for Space 10 in 14 Building 1 at the Farmers Market, consisting of approximately 939 sq. ft. of space (the 15 "Store"), together with a storage building (the "Guard House") consisting of 16 approximately 100 sq. ft. (the Store and the Guard House, collectively, the 17 "Premises") and received three responses; 18 19 WHEREAS, an RFP committee evaluated all the responses to the RFP and 20 recommends that a lease be awarded to TFK Deli LLC, a Virginia limited liability 21 company (d/b/a TFK Deli & General Store) ("TFK"); 22 23 WHEREAS, TFK would utilize the Store for the sale of deli items and meats, 24 cheeses, salads, homemade sauces, condiments and dressings, prepared 25 sandwiches and soups, and the Guard House for storage of nonperishables, and for 26 no other purpose; and 27 28 WHEREAS, TFK has agreed to pay the City base rent in the amount of 29 $1,400.00 per month for the first ten months of the initial term, with a five percent 30 (5%) annual rent escalation beginning July 1, 2027, and each year thereafter. 31 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 33 CITY OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute a lease for up to 4 36 years and 10 months between TFK Deli LLC, a Virginia limited liability company, and 37 the City for the Premises in accordance with the Summary of Terms, attached hereto 38 as Exhibit A and made a part hereof, and such other terms, conditions or 39 modifications as may be acceptable to the City Manager and in a form deemed 40 satisfactory by the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the day 43 of , 2026. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM APTdS C ty A ey Pi lid Works/Veal Estate CA 043 Wbgov.comldts 1\appl!cation slcilylaw\cycom321vrpdocsld 0271p057101157716.doc R-1 August 4, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: TFK Deli LLC, a Virginia limited liability company (d/b/a TFK Deli & General Store) PREMISES: Building 1, Space 10, consisting of 939+/- sq. ft. and a storage building (known as the Guard House), consisting of 100+/- sq. ft. TERM: September 1, 2026 through June 30, 2029, with two (2) additional one-year renewal options. RENT: Base rent of$1,400.00 per month from *December 1, 2026 through June 30, 2027, with five percent (5%) annual escalation beginning July 1, 2027 and each year thereafter (*Rent will be abated from September 1, 2026 through November 30, 2026. Abatement is conditional on Lessee's good faith start-up expenditures and a timely opening of the restaurant on or before December 1, 2026.) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of deli items and meats, cheeses, salads, homemade sauces, condiments and dressings, prepared sandwiches and soups, and that the Guard House shall be used to store nonperishables, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate by giving one hundred eighty (180) days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advanced written notice to the City. LOCATION MAP /44 a F L \ t e } } J 1 1 t" z. f s Building 1 Space 1t3 ' ;± ^ Approx.939 Sq.Ft Approx.Location of +, Guard House(riot enom) Q Approx.100 Sq.Ft. X Own Neck Rand �a a� r Wd 1 ! V-S, I CITY 017 BEACH Statement I ' � The disclosures contained In this form are necessary to Inform public offlclals who may vote on the dPPllcatlotr Its to Whether they have a conflict of Interest wider Vlrglnla lain. Completlon and subinkslon of this form Is required for(ill appllcatlons that pertah►to My real estate►nat tens or to the development and/or use of property hr the Clty of Vlrglnla Reach requlring action by the Clty Council, boards, commisslons, or i SECTION " DISCLOSURE APPLICANT INFORMATION I Appld 0 Name; JJ ' as fisted on (rpplicnilon Is Applicant also the Owner of the subject property? Yes(D No© If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(pane 3), Does Applicant have a Representative? Yes Noo If yes,name Representative:. /rJI s k ✓1 tzp-e ; Is Applicant a corlwatlon,partnership,firm,bushnass,trust or unhtcorporated btfslness? Yes©NoC) If yes,list the names of all officers, directors,trnemllers,or trustees helow AND businesses that have a i urrent-subs Idlaryl ora(Illaled bushtess entity zrelatlonsh0 tv1H► a ► c t. Attach list if ne L shmlVI-Sandmllch ' Does the subject property have a proposed or pending purchaser? Ye N I � � If yes,ntnrre iroposed or pending purcinitser. KNOWN INTEREST BY PUDLIC OFFICIAL OR EMPLOYEE I e Does an official or-employee of the City of Virginia Deach have an lilt e est In l,e subject land by any proposed development contingent on the subject public action? Yes No (/yes,name the offlclal or emploveg, and describe the nature of.thelrhiterest. ! r APPLICANT SERVICES DISCLOSURE READ;The Applicant must certify whether the follolving setvlces are.being provided In connection to'the subject appllcatlon oranybush►ess operating or to be operated on the property. The mine of the entity and/or ftrdlvkhtal providing such services must be Identified. (Attach list If necessary.) 1. SERVICE YES NO SERVICE PROVIDER Name entiiyotitl orltf(livldllal L artcing(mortgage,deeds of trus ss•collaterallzatlon.etc t •. , . �` i I(atate Droke►Affeut e Disclosure StatementI rev. May-2024 page 1 of 3 t, � 1 SECTION APPLICANT ■ l DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent Legal Services APPLICANT CERTIFICATION READ:l certify that all information contained in this Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee In connection with this application. Applicant Name (Print) plicant gnature Date 1 "Parent-subsidiary relationship"means "a re ationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices a•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: r No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 O qq; P 2 S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with Wild Works of Whimsy, LLC (d/b/a Southern Branch Nursery) for City-Owned Property Known as Building 8, Spaces 23 and 24 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: August 18, 2026 MEETING DATE: September 1, 2026 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals ("RFP") for Spaces 23 and 24 in Building 8 at the Virginia Beach Farmers Market, consisting of approximately 1,126 sq. ft. of space (the "Premises"), and received two responses. An RFP committee evaluated the responses to the RFP and recommends that a lease be awarded to Wild Works of Whimsy, LLC, a Virginia limited liability company (d/b/a Southern Branch Nursery ("Southern Branch Nursery"). Southern Branch Nursery would utilize the Premises for the retail sale of native seasonal shrubs and small trees, grasses and groundcovers, gardening books, field guides, artisan goods, habitat supporting items, garden tools, and to host gardening classes and workshops, etc., and for no other purpose. Southern Branch Nursery will also be permitted to use the adjacent outside end cap for a permanent demonstration garden for seasonal native plants. ■ Considerations: The initial term of the Lease is for two (2) years and ten (10) months, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice. For more specific terms, see Summary of Terms attached to the Ordinance. Typically leases at the Farmers Market run for terms of up to 5 years, including renewals. The initial term of this Lease is for two years and ten months rather than three years so that the Lease stays on the same schedule as other leases at the Farmers Market. ■ Public Information: A public hearing was advertised on August 9, 2026 in The Virginian-Pilot and will be held on August 18, 2026. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate) City Manager:/V 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE WITH WILD WORKS OF 3 WHIMSY, LLC (D/B/A SOUTHERN BRANCH 4 NURSERY) FOR CITY-OWNED PROPERTY KNOWN 5 AS BUILDING 8, SPACES 23 AND 24 IN THE 6 VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia 10 (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals ("RFP") for Spaces 23 13 and 24 in Building 8 at the Farmers Market, consisting of approximately 1,126 sq. ft. 14 of space (the "Premises"); 15 16 WHEREAS, an RFP committee evaluated the responses to the RFP and 17 recommends that a lease be awarded to Wild Works of Whimsy, LLC, a Virginia 18 limited liability company (d/b/a Southern Branch Nursery ("Southern Branch 19 Nursery"); 20 21 WHEREAS, Southern Branch Nursery would utilize the Premises for the retail 22 sale of native seasonal shrubs and small trees, grasses and groundcovers, gardening 23 books, field guides, artisan goods, habitat supporting items, garden tools, and to host 24 gardening classes and workshops, etc., and for no other purpose; 25 26 WHEREAS, Southern Branch Nursery will also be permitted to use the 27 adjacent outside end cap for a permanent demonstration garden for seasonal native 28 plants; and 29 30 WHEREAS, Southern Branch Nursery has agreed to pay the City base rent in 31 the amount of $1,500.00 per month for the first ten months of the initial term, with a 32 five percent (5%) annual rent escalation beginning July 1, 2027, and each year 33 thereafter. 34 35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 36 CITY OF VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute a lease for up to 4 39 years and 10 months between Wild Works of Whimsy, LLC, a Virginia limited liability 40 company, and the City for the Premises in accordance with the Summary of Terms, 41 attached hereto as Exhibit A and made a part hereof, and such other terms, 42 conditions or modifications as may be acceptable to the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day 46 of , 2026. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM =ey�/UP bli Works / eal Estate \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpd ocs\d027\p057\01147836.doc R-1 August 4, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Wild Works of Whimsy, LLC, a Virginia limited liability company (d/b/a Southern Branch Nursery) PREMISES: Building 8, Spaces 23 and 24, consisting of 1,126+/- sq. ft. and the adjacent outside end cap TERM: September 1, 2026 through June 30, 2029, with two (2) additional one-year renewal options. RENT: Base rent of $1,500.00 per month from September 1, 2026 through June 30, 2027, with five percent (5%) annual escalation beginning July 1, 2027 and each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the retail sale of native seasonal shrubs and small trees, grasses and groundcovers, gardening books, field guides, artisan goods, habitat supporting items, garden tools, and to host gardening classes and workshops, etc., and for no other purpose. • Lessee will be permitted to use the adjacent outside end cap for a permanent demonstration garden for seasonal native plants, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate by giving one hundred eighty (180) days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advanced written notice to the City. City of Virginia Beach Farmers Market 3640 Dam Neck Road Virginia Beach,VA 23453 757-3854388 FAX:368-5249 LOCATION MAP Water Gardeners � ers , 11 El New K(tdmn t ❑ ❑ a Garden t C �--------- \ K Ririe 8 i —?— 30Space .pen / 23 24 26 i Space / 3 37 Building 8, Spaces 23 & 24 / 20l Approx. 1,126 Sq. Ft. �\ U new Epaeea Ian AI PaWng Spaces �L r/ Except apace 1 / 7 6 6 4-T 2 1 / Bldg.4 y sawon Spam,4e.- !C 78 to'%,C era L r° 9 10 11 12 13 14 16 16 17 8 O 6GGE .. .—. u I N \ po \ 4;: 101, . speakers y Dam Neck Road 01-Y OF Disclosure VIRGINIA V--B, BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Wild Works of Whimsy, LLC dba Southern Branch Nursery Is Applicant also the Owner of the subject property? Yeso Noe If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO Noe If yes, name Representative: Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Trista Imrich, 100% owner Does the subject property have a proposed or pending purchaser? Yes 0 No(!) If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® 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 individual Financing (mortgage, deeds of trust, Cc.`p"�-r-1 cross-collateralization, etc.) �u\`t�( ��vY\�I, �u�,�� .,ham - -k, Real Estate Broker/Agent/Realtor O e Disclosure Statement I rev. May-2024 page 1 of 3 SECTION APPLICANT DISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation Architect/Designer/Landscape Q O Architect/Land Planner Construction Contractor 0 e Engineer/Surveyor/Agent ® 0 Legal Services O O 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. Trista Imrich 07/22/2026 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 16-44, 16-46, 16-51, 16-52, 16-53 and 16-56 and ADD Section 16-51.1 re Workforce Housing 2. Resolution to APPROVE the 2026 Plan of Financing with the Virginia Beach Development Authority (VBDA) not to EXCEED $175-Million, APPROVE certain documents prepared in connection with such financing and AUTHORIZE the execution and delivery of the same 3. Resolution to ESTABLISH a moratorium on the issuance of permits related to any new data centers for twelve (12) months from the adoption of this Resolution or until such time as City Council takes final action on an Ordinance regulating data centers, whichever occurs first 4. Ordinance to AUTHORIZE temporary encroachments into a 5' City-owned drainage and utility easement, located along the sides and rear of 700 Greensboro Avenue re construct and maintain a vinyl bulkhead, return walls and maintain an existing timber bulkhead DISTRICT 5 5. Ordinance to AUTHORIZE the use of$75,000 from the Sandbridge Special Service Fund re creation of a Sandbridge water tower mural (Requested by Mayor Dyer and Council Member Henley) 6. Ordinance to ACCEPT and APPROPRIATE $55,515 from the Edward Bryne Justice Assistance Grant (JAG)to the FY 2026-27 Police Operating Budget re purchase of a narcotics tester and an equine CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Sections 16-44, 16-46, 16-51, 16-52, 16-53 and 16-56 and Add Section 16-51.1 Pertaining to Workforce Housing MEETING DATE: August 18, 2026 ■ Background: The subject amendment proposes to remove the locality restriction from the workforce housing ordinance and to align other program eligibility requirements, verification methods, and the City's compliance agreement with federal and state programs. The Workforce Housing Ordinance encourages the development of high- quality housing that is affordable to households with annual incomes within a prescribed range. In order to accomplish this goal, the ordinance establishes incentives in the form of a density bonus for the construction of workforce housing in areas of the city in which the Comprehensive Plan recognizes increased density to be appropriate. This amendment is brought forward in conjunction with an amendment proposed by the Department of Planning for a corresponding section of the City Zoning Ordinance. ■ Considerations: As currently written, the requirements found in the rental housing component of the City's workforce housing density bonus program conflict with requirements of federal and state programs, such as the Low-Income Housing Tax Credits (LIHTC). More specifically, the locality-specific restriction jeopardizes the tax- exempt status of private-activity bonds issued for workforce housing rental projects and impedes developers' ability to use LIHTC in conjunction with the City's workforce housing density bonus program for rental housing. The elimination of the live-or-work requirement and changes to other eligibility requirements, verification methods, and the City's Compliance Agreement will bring the City's program into conformity with the federal and state program requirements, thereby enabling developers to utilize the City's program in conjunction with crucial state and federal funding streams. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval. Submitting Department/Agency: Housing and Neighborhood Preservation City Manager: ft 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTIONS 16-44, 16-46, 16-51, 16-52, 16-53AND 3 16-56 AND ADD SECTION 16-51.1 PERTAINING 4 TO WORKFORCE HOUSING 5 6 Sections Amended: §§ 16-44, 16-46, 16-51, 16-52, 7 16-53 and 16-56 8 9 Section Added: § 16-51.1 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA THAT: 13 14 That Sections 16-44, 16-46, 16-51, 16-52, 16-53 and 16-56 of the City Code are 15 hereby amended and Section 16-51.1 is hereby added and reordained to read as follows: 16 17 ARTICLE Vill. WORKFORCE HOUSING 18 19 DIVISION 1. GENERAL PROVISIONS 20 21 Sec. 16-44. Definitions; explanatory material. 22 23 . . . . 24 25 Developer. The developer of workforce housing who sells or rents a workforce 26 housing unit pursuant to the provisions of this article. The term includes other persons or 27 entities, such as homebuilders, who purchase workforce housing units for the purpose of 28 selling such units pursuant to the provisions of this article, but does not include any person 29 who resells a workforce housing unit pursuant to section 16-49. 30 31 Director. The director of the department of housing and neighborhood preservation 32 or 14is their designee. 33 34 Discounted sales price. The consideration paid to the developer for a workforce 35 housing unit; provided, however, that in the case of a resale, the discounted sales price 36 is the difference between the initial sales price and the amount of funds provided by the 37 city, as evidenced by a promissory note, to help buy down the eligible buyer's first 38 mortgage. 39 40 Eligible buyer. A household whose workforce housing application has been 41 approved and who meets the requirements of section 16-46. Such requirements include, 42 among other things, the household's gross annual income, financial assets and liabilities, 43 and location in which an adult, non-dependent household member lives and works. In 44 order to qualify to purchase a workforce housing unit, a household's annual gross income 45 must generally be between eighty (80) percent and one hundred twenty (120) percent of 46 AMI. 47 48 Eligible renter. A household whose workforce housing application has been 49 approved and who meets the requirements of section 16-51. Such requirements include, 50 among other things, the household's gross annual income, and financial assets-, -and 51 IGGatinn in whinh an adult, nnn dependent hou h ld member lives d works. In order 52 to qualify to rent a workforce housing unit, a household's annual gross income must 53 generally be between forty (40) percent and ninety (90) percent of AMI or, where the 54 building contains an elevator, between forty (40) percent and one hundred (100) percent 55 of AM I. 56 57 . . . . 58 59 Workforce housing or workforce housing unit. Dwellings or dwelling units, whether 60 single-family dwellings, duplexes, semi-detached dwellings, townhouses or multiple- 61 family dwelling units, approved by the city council pursuant to article 21 of the city zoning 62 ordinance. Such housing is generally affordable to households with working members 63 whe love er werk OR the Gity of Virginia BeaGh. 64 65 Workforce housing application. An application submitted to the city or to a rental 66 property owner or manager that provides the necessary information to determine if a 67 household qualifies for the workforce housing program. Participation in the program is 68 contingent upon approval of this application. 69 70 . . . . 71 72 DIVISION 2. SALE AND OWNERSHIP OF WORKFORCE HOUSING 73 74 Sec. 16-46. Eligibility requirements for buyers of workforce housing units. 75 76 (a) In order to be deemed an eligible buyer of a workforce housing unit, a household 77 shall meet the following criteria: 78 79 (1) At least one adult, non-dependent member of the household to be shown on the 80 deed of trust note as a borrower or other obligor shall, at the time of application 81 to the workforce housing program, live or work full-time in the City of Virginia 82 Beach, or must have a bona fide offer of full-time employment within the City of 83 Virginia Beach commencing within three (3) months of the time of application; 84 (2) No member of the household shall own or have a controlling interest in any other 85 real property; 86 (3) The household's combined annual gross income shall, at the time of application, 87 be between eighty (80) percent and one hundred twenty (120) percent of area 88 median income, adjusted for household size; and 89 (4) The net worth (assets less liabilities) of the household shall not exceed fifty (50) 90 percent of the sales price of the workforce housing unit being financed. The 91 following items shall not be included in determining the net worth of a household: 92 93 . . . . 94 95 DIVISION 3. RENTAL OF WORKFORCE HOUSING 96 97 Sec. 16-51. Eligibility requirements for renters of workforce housing units; 98 verification. 99 100 (a) In order to be deemed an eligible to rent a workforce housing unit, a household's 101 shall meet the follGWing GF48ria: �a� .,. .,,.. ,., .,.., ,y ,,,,,,.,,u. gross annual income shall, at the time of application 102 be between forty percent (40%) and ninety percent (90%) of area median income 103 or, where the building contains an elevator, between forty percent (40%) and one 104 hundred percent (100%) of area median income, adjusted for household size The 105 tenant income eligibility criteria shall be determined in accordance with the income 106 and asset calculation rules utilized under Section 42 of the Internal Revenue Code 107 and applicable Treasury regulations, as such rules may be amended from time to 108 time. 109 110 , 111 shall, at the tame of appliGat+eato-the werkfeMe hewsinn nregFam live Gr WerL 112 full time in the Gity of Virginia Beach er must have a bona fide offer of full tome 113 empleymencRt within the Gity gi--Virginia—Be h nom thFee�} 114 months of the time of nnnliGation• 115 116 (2) NG mernber of the household shall ewn or have a GentrelliRg aRY other 117 real proper+ 118 119 (3) The u ef;Gld'-s g Fessr aRRual EneeMe shall, at e tome-ef-eppl+EatieR,be 120 between forty n PeMent and ninety (90) peFGe Rt of area mediall i r1 .sew 121 where th�he-.-building GGRt'ains an elevator, between fort, (40) percent "zr and-GRe 122 hU Rdred (100) ne en+efAFea MediaR I nvomeadjusted for household zc; a-ndr 123 124 LShe net worth of the household shall not evoeed fifty (50) nernent of the total of 125 rent payments �. fed of twelve (12-)-eeRt#s. The follE)Wing items shall Rot 126 he ORGlu led in determining the net w girth of household: 127 128 a. The preseRt value of insu{- eliGies,_ retiFemTent nlaR , furniture or 129 a � G 130 b— ^rr e-p dt�eip� assets needed as a-�s��FGe Of income to_ meets 131 the minimum g alif�ying requirementG for eligible renter state .. �.�... �.�...�.. cfa aTry�-rr�Tr.ci-a rrcTr�c���vrcngrv7c�-cTrccr-.rccr��J. 132 133 (b) Before a household may enter into a rental agreement for a workforce housing unit, 134 the property owner or manager of the unit shall verify that such household meets the 135 foregoing eligibility requirements. All property owners or managers of workforce 136 housing units for rent shall maintain a list of households it has screened and 137 determined to be eligible renters. 138 139 (c) Property owners or managers shall also maintain documentation on each household 140 currently occupying a workforce housing unit for rent. At a minimum, such 141 documentation shall include: 142 143 144 (21)Composition of the household; and 145 (32)Annual gross income for the household and each of the household members 146 whose income is included in determining eligibility. 147 148 (d) Property owners or managers shall ensure that all persons living in a workforce 149 housing rental unit are listed on the rental agreement. It shall be a condition of the 150 rental agreement for any such unit that the city may inspect the records of the 151 property owner or manager to ensure compliance with eligibility requirements and 152 may, at reasonable times, enter any workforce housing rental unit to verify that it is 153 occupied by an eligible renter. 154 155 (e) Property owners or managers shall, upon renewal of a rental agreement, but no less 156 often than annually, verify that the occupants of a workforce housing unit for rent 157 continue to meet applicable eligibility standards. 158 159 (f) If a property owner or manager determines that a household occupying a workforce 160 housing unit for rent no longer meets applicable eligibility requirements, such 161 property owner or manager shall: 162 163 (1) Require the household to vacate the unit upon the expiration of the current rental 164 agreement; or 165 (2) Allow the household to continue to occupy the unit upon expiration of the current 166 rental agreement at up to the market-based rental price and make the next 167 comparable market-based rental unit available to an eligible renter at a rental 168 price deemed affordable under the standards prescribed in this article. 169 170 The household shall be removed from the list of eligible renters and shall not thereafter 171 be eligible to rent a workforce housing unit for such period of time as applicable the 172 household meets applicable eligibility requirements. 173 174 (g) For development that is financed under a federal or state affordable housing program 175 with affordability restrictions that are at least as restrictive as the Workforce Housing 176 Program, property owners or managers may follow the rules under the federal or 177 state housing program for verifying eligibility for initial and continued occupancy, 178 including the treatment of households that become over-income during their tenancy 179 to the extend such rules differ from subsections (a) (b) (e) or (f) of this section with 180 respect to the workforce housing units within the development that are subject to 181 such federal or state program. 182 183 Sec. 16-51.1 Rental Occupancy Requirements. 184 185 (a) A workforce housing unit shall be rented and occupied as the principal residence 186 of the eligible renter at all times. 187 (b) It shall be a condition of the rental agreement that an eligible renter may not assign 188 the rental agreement or sublet the Workforce Housinq Unit or any part thereof or 189 give accommodation to any roomer, lodger, or other person not on the rental 190 Agreement. 191 192 Sec. 16-52. Rental property compliance agreement. 193 194 (a) A property owner desiring to rent property under the workforce housing program shall 195 enter into a compliance agreement with the city. The terms of such agreement shall 196 be prescribed by the city and shall set forth the terms and conditions of the owner's 197 participation in the workforce housing program, including, but not limited to, 198 occupancy and rent requirements, including maximum rents, means of preserving 199 the long-term affordability of workforce housing rental units, and such other terms 200 and conditions as are, in the judgment of the director, reasonable and necessary to 201 ensure compliance with applicable provisions of this article and the goals of the 202 workforce housing program. All workforce housing rental units shall be rented in 203 conformity with the income and rent limitations specified in the compliance 204 agreement for a period of not less than fifty (50) years. Notwithstanding the 205 foregoing, in order to satisfy the requirements of a proiect's affordable housing 206 mortgage lender with respect to affordability restrictions that are intended to survive 207 a foreclosure of such lender's financing, the director is authorized to adjust the target 208 area median income set-aside and the percentage of income-restricted units within 209 the project, or other income and rent limitations that will apply following such a 210 foreclosure, as set forth in the compliance agreement, provided that (i) such adjusted 211 target is no higher than the maximum area median income or rent limitation otherwise 212 permitted under this article, (ii) such adjusted target is no lower than sixty (60) percent 213 of area median income, adjusted for household size, and (iii) the percentage of 214 income-restricted units within the project is no lower than the minimum number 215 otherwise required under Article 21, Section 2106 of the City Zoning Ordinance with 216 such minimum required percentage being no greater than twenty percent (20%). 217 218 (b) The compliance agreement required by subsection (a), together with the affordability 219 terms applicable to the development, including, but not limited to, the number, type 220 and location of workforce housing units, the income and rent limitations applicable 221 thereto, and the duration of such restrictions, shall be in a form satisfactory to the city 222 attorney and shall be recorded in the land records of the Clerk of the Circuit Court of 223 the City of Virginia Beach prior to the issuance of the first certificate of occupancy for 224 any workforce housinq unit in the development. Such agreement shall run with the 225 Land and shall be binding upon the owner and all successors, assigns mortgages 226 and other parties in interest for a period of not less than fifty (50) years from the date 227 of initial occupancy of the first workforce housing unit in the development. 228 229 (c) Notwithstanding the provisions of subsections (a) and (b) if an extended use 230 regulatory agreement, as defined in Section 42(h)(6)(B) of the Internal Revenue 231 Code, in favor of the Virginia Housing Development Authority or other state housing 232 finance agency, is recorded in the land records of the Clerk of the Circuit Court of the 233 City of Virginia Beach against the property that is the subject of an application under 234 article 21 of the city zoning ordinance, the owner shall nonetheless be required to 235 record the compliance agreement in the aforesaid land records in accordance with 236 subsection (a). Such compliance agreement shall set forth the affordability 237 restrictions applicable to the development including without limitation the specific 238 percentage of units within the development that are subject to income restrictions 239 and the applicable area median income levels for such units, together with such other 240 terms and conditions as may be required by this article and article 21 of the city 241 zoning ordinance. In the event of any conflict between the terms and conditions of 242 the compliance agreement and the extended use regulatory agreement the 243 extended use regulatory agreement shall control for so long as the extended use 244 regulatory agreement remains in effect. The compliance agreement shall survive the 245 expiration or termination of the extended use regulatory agreement including 246 without limitation, any early termination upon a foreclosure or other event described 247 in Section 42(h)(6)(E) of the Internal Revenue Code. Upon the expiration or 248 termination of the extended use regulatory agreement, the affordability restrictions 249 set forth in the compliance agreement—including the specific percentage of units 250 within the development that are subject to income restrictions and the applicable area 251 median income levels for such units—shall remain in full force and effect for the 252 remainder of the original fifty (50) year term of the compliance agreement. The owner 253 shall provide the director with a true copy of the recorded extended use regulatory 254 agreement and any amendments thereto. 255 256 (d) No substantial modification of a recorded compliance agreement shall be effective 257 unless approved by the city council, upon recommendation of the director, and such 258 modification is recorded in the land records of the Clerk of the Circuit Court of the 259 City of Virginia Beach. Notwithstanding the foregoing, if an extended use regulatory 260 agreement, as defined in Section 42(h)(6)(B) of the Internal Revenue Code, is 261 recorded pursuant to subsection (c) above, then city council approval will not be 262 required unless such modification reduces the affordability requirements for the 263 development below the levels required by the compliance agreement between the 264 property owner and the city. 265 266 (be) Property owners or managers shall, upon request of the director, provide a copy of 267 their most current tenant selection policy or criteria. 268 269 (sfl Any material failure to comply with the terms of a compliance agreement shall subject 270 the owner to a liquidated damages penalty in the amount of fifty dollars ($50.00) per 271 unit for each day such noncompliance continues, unless the director waives such 272 penalty, in whole or in part, based upon his determination that the owner has taken 273 timely corrective action to cure such noncompliance. Liquidated damages collected 274 by the city shall be deposited into the workforce housing revolving fund. 275 276 Sec. 16-53. Rental procedures. 277 278 . . . . 279 280 (c) Any household desiring to rent a workforce housing rental unit shall submit to the 281 property manage owner or manager an application for determination of its 282 eligibility to rent a workforce housing unit. Such application shall contain such 283 information concerning the residencY, ernpleyment, g,ss income and ne+„ems 284 assets for each member of the household as may be necessary to determine the 285 eligibility of such household. The property owner or his designee 286 shall determine the eligibility of the household and shall promptly notify the director 287 of its determination. 288 289 . . . . 290 291 DIVISION 4. ADDITIONAL PROVISIONS 292 293 . . . . 294 295 Sec. 16-56. Violations. 296 297 (a) The following tables list certain violations of the Workforce Housing ("WFH") Program 298 requirements and the penalties for their violation. Where more than one penalty is 299 prescribed, they shall be deemed cumulative, such that any or all applicable 300 penalties may be imposed: 301 302 . . . . 303 304 305 Table 2 rentals of workforce housing units): Program Violation Penalties Falsification of eligibility requirements such Permanent loss of eligibility for the WFH as income, FesidenGy, empleyrnent orprogram. persons who will be occupying the unit, etc. Must move from the units within 60 days from date of written notice of being in violation of program Must pay market rate rent on the unit until he unit is vacated Failure to occupy WFH unit as primary Immediately reoccupy WFH unit. residence If unable to reoccupy unit, the following penalties apply: 1. Permanent loss of eligibility for the WFH ro ram. 2. Must move from the unit within 60 days. 3. Required to pay market rate rent on unit after receiving notice of violation until unit is vacated Failure to list all persons living in the1. Permanent loss of eligibility for the WFH household on lease; allowing person or ro ram. persons not listed on lease to move in after 2. Must move from the WFH unit. lease is signed 3. Required to pay market rate rent until household is in compliance or moves from the unit. rUnauthorized persons ust immediately move from WFH unit. 306 307 . . . . Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Housing a6 Neighborhood ey's Office Preservation CAI 7287 R-1 August 4, 2026 9 k Al, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City of Virginia Beach, Virginia Approving the 2026 Plan of Financing with the City of Virginia Beach Development Authority Not to Exceed $175 Million, Approving Certain Documents Prepared in Connection with Such Financing and Authorizing the Execution and Delivery of the Same MEETING DATE: August 18, 2026 ■ Background: In accordance with the City's Capital Improvement Program (CIP), the City Council has previously authorized the issuance of Public Facility Revenue Bonds (PFRB) through the City of Virginia Beach Development Authority (VBDA) to finance certain capital improvements. The bond proceeds from the Series A and B would reimburse prior capital expenditures for the City and Schools, and the project list is attached as Exhibit B to the Twelfth Supplemental Support Agreement. In addition to Series A and B, the Department of Finance and the City's financial advisor recommend that the City include a current refunding Series C to refinance the $35.7 million currently outstanding 2013A, 2015A, 2015B and 2016A PFRB bonds to reduce future debt service costs. The refunding bonds would only be issued if the minimum net present value debt service savings threshold of 3.0% was met. Per the industry's best practice, the final maturity date of the refunded bonds would not be extended. ■ Considerations: The City's bond counsel, Kutak Rock prepared the enclosed resolution which provides for the distribution of the Preliminary Official Statement along with other necessary actions. The Resolution also amends the Master Agreement of Trust between the VBDA and US Bank with a Thirteenth Supplemental Agreement which authorizes the issuance of the 2026 PFRB bonds. Under the plan of financing, a Twelfth Supplemental Support Agreement between VBDA and the City will update the City's annual payments to VBDA to include amounts sufficient to pay the debt service on the 2026 bonds. On August 11, the VBDA approved a resolution authorizing the issuance and sale of the PFRB bonds upon Council's approval of the attached resolution. The bonds will be sold electronically by competitive bid on September 16. The true interest cost for the tax-exempt series will not exceed 5.0% and the true interest costs of the taxable bond series will not exceed 6.5%. The final maturities will be no later than the year 2046 for the Series A and B bonds and 2036 for the Series C bonds. The results of the bond sale will be reported to City Council shortly after pricing. ■ Public Information: Public information will be handled through the normal Council agenda process. Additionally, the Resolution authorizes the distribution of the Preliminary Official Statement for marketing purposes. A Notice of Sale will be posted on the Municipal Securities Rulemaking Board's (MSRB) Electronic Municipal Market Access (EMMA) site. ■ Attachments: Resolution; Draft of Thirteenth Supplemental Trust Agreement; Draft of Twelfth Supplemental Support Agreement with Project List Recommended Action: Approval Submitting Department/Agency: Finance Department City Manager: �c RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing from time to time of projects for the acquisition, construction, renewal, upgrade, replacement and other improvements for various public facilities and equipment, including projects for public buildings and structures; public school facilities; public streets and roads and related infrastructure; computer and information technology systems; aquarium facilities; communications systems and related hardware and software; public parks and other recreational facilities; and funding for sports tourism and economic development programs (collectively, the "2026 Projects"); and WHEREAS, the City further desires to achieve debt service savings by refinancing certain of the public facility revenue bonds and refunding revenue bonds (the "Prior Bonds") previously issued by the Authority on behalf of the City to finance or refinance various public facilities; and WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of"Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its Public Facility Revenue Bonds in the maximum principal amount of $175,000,000 (the "Series 2026 Project Bonds") and its Public Facility Refunding Revenue Bonds (the "Series 2026 Refunding Bonds") in the maximum principal amount necessary to pay the principal of, premium if any, interest on and related issuance cost of any Prior Bonds to be refunded, to finance the 2026 Projects and refund selected Prior Bonds and in paying costs of issuing the Series 2026 Project Bonds and Series 2026 Refunding Bonds (together the"Series 2026 Bonds); and WHEREAS, there have been provided or made available to City Council of the City (the "City Council") drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2026 Projects, the refunding of the Prior Bonds and the issuance and sale of the Series 2026 Bonds, which Documents will be provided to the Authority in connection with the approval requested of the Authority: (a) Thirteenth Supplemental Agreement of Trust draft, to be dated the first day of the month of its execution and delivery (the "Thirteenth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as 4918-2582-9818.4 previously supplemented, including the form of the Series 2026 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2026 Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Twelfth Supplemental Support Agreement draft, to be dated the first day of the month of its execution and delivery, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (the "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2026 Bonds; (c) Preliminary Official Statement draft of the Authority, to be dated the date of its public distribution, relating to the public offering of the Series 2026 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft, to be dated the first day of the month of its execution and delivery, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2026 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. The following plan for financing the 2026 Projects and refunding the Prior Bonds is hereby approved. (a) The Authority will issue the Series 2026 Project Bonds in a maximum aggregate principal amount not to exceed $175,000,000. The Authority will issue the Series 2026 Refunding Bonds in the maximum principal amount necessary to pay the principal of, premium if any, and interest on any Prior Bonds to be refunded plus issuance costs and expense related to any such refunding. The Authority will use the proceeds of the Series 2026 Bonds to finance the costs of the 2026 Projects and proceeds of the Series 2026 Refunding Bonds to refund the Prior Bonds selected for refunding, all within the limitations set forth in paragraph(b) and Section 4 below, and at the election of the City Manager to pay all or a portion of the costs of issuance of the Series 2026 Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2026 Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Series 2026 Bonds will be limited to Annual Payments and Additional Payments received from the City. The Series 2026 Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Series 2026 Bonds. The undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations an in amount sufficient for such purposes. The plan of financing 2 4918-2582-9818.4 for the 2026 Projects shall contain such additional requirements and provisions as may be approved by the City. (b) In connection with the refunding of the Prior Bonds, the City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and, working with the Authority, to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the City's financial advisor, Davenport & Company LLC (the "Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold portions of the proceeds of the Series 2026 Bonds, defeasance securities purchased with such proceeds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 2. The City Council,while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes, including changes to the dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at all times sufficient to make, the payments on the Series 2026 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; subject to the following: (a) With respect to the Series 2026 Project Bonds, such bonds (i) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than February 1, 2028, and ending no later than February 1, 2048, (ii) have a true or "Canadian" interest cost not exceeding (A) 5.00% respecting any such bonds issued as tax- exempt obligations and (B) 6.50% respecting any such bonds issued as taxable obligations (in each case taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than 99% of the aggregate principal amount thereof and(iv) shall be subject to optional redemption beginning no later than February 1, 2037, 3 4918-2582-9818.4 at an optional redemption price of no more than 100% of the principal amount to be redeemed plus accrued interest to the optional redemption date; and (b) With respect to the Series 2026 Refunding Bonds, such bonds (i) shall mature not later than the end of the fiscal year in which the related series of Prior Bonds being refunded matures, (ii) have a true or "Canadian" interest cost not exceeding 5.00% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than 99% of the aggregate principal amount thereof and (iv) may or may not be subject to optional redemption prior to maturity depending on their term to maturity as determined by the City Manager in consultation with the Financial Advisor. (c) The City Manager is further authorized to approve the principal amounts, maturity schedules and interest payment dates, including determination of any serial maturities and any term maturities, for the Series 2026 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2026 Bonds in one or more series at the same time or at different times as tax-exempt or taxable obligations, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (d) The Series 2026 Bonds may be sold by competitive bid, negotiated sale to one or more underwriters or private placement as the City Manager may determine in consultation with the Financial Advisor. The Series 2026 Bonds may be issued in one or more series in the principal amount determined by the City Manager, in collaboration with the Financial Advisor. In the case of a competitive sale, the City Manager shall receive bids and award the Series 2026 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraphs above. In the case of a negotiated sale or private placement, the City Manager and the Finance Director, with the consent of the City Manager are each authorized to enter into a purchase contract or agreement for the sale of the Series 2026 Bonds, subject to the limitations set forth in the paragraphs above. Following the sale of the Series 2026 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2026 Bonds. The actions of the City Manager in approving the terms of the Series 2026 Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2026 Bonds. Such distribution shall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2026 Bonds, within the limitations as set forth in Section 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and 4 4918-2582-9818.4 distribution thereof to the purchaser or purchasers of the Series 2026 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2026 Bonds issued as tax-exempt obligations to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on such Series 2026 Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of the gross proceeds of such Series 2026 Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. To ensure compliance with federal tax law regarding tax-exempt obligations after the Series 2026 Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post-Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Series 2026 Bonds, including the use of the projects financed and refinanced with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements, and to ensure compliance with continuing disclosure requirements of federal securities law with respect to the Series 2026 Bonds, such officers are authorized and directed to apply the continuing disclosure procedures contained in such Compliance Policies and Procedures to such Series 2026 Bonds. 8. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Series 2026 Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2026 Bonds, the undertaking of the 2026 Projects and the refinancing of the Prior Bonds are hereby approved and ratified. The City Manager is authorized to prepare, modify or amend such documents and agreements as may be required to evidence the approval of such other actions. 11. The City Manager is authorized and directed to cause a certified copy of this Resolution to be filed with the Authority to evidence the City Council's request for assistance and approval of the plan of financing for the 2026 Projects and refinancing of the Prior Bonds through the issuance by the Authority of the Series 2026 Bonds. 5 4918-2582-9818.4 12. This Resolution shall take effect immediately. CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON August 18, 2026. Clerk, City Council of the City of Virginia Beach, Virginia 6 4918-2582-9818.4 Adopted by the City Council of the City of Virginia Beach,Virginia,this day of August 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL �1�FF1 IENCY: Finance Department City Attorney's Office CA-17287 R-1 August 6,2026 7 4918-2582-9818.4 THIRTEENTH SUPPLEMENTAL AGREEMENT OF TRUST Between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY And U.S. BANK TRUST COMPANY,NATIONAL ASSOCIATION, as successor Trustee Dated as of October 1, 2026 4892-7666-4754.4 TABLE OF CONTENTS Parties I Recitals 1 Granting Clause 1 ARTICLE I TWELFTH SUPPLEMENTALAGREEMENT Section 1-101. Authorization of Twelfth Supplemental Agreement...................................... 2 Section1-102. Definitions. .....................................................................................................2 Section 1-103. Rules of Construction. ................................................................................... 3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2026 BONDS Section 2-201. Authorization of Series 2026 Bonds.............................................................. 4 Section 2-202. Details of Series 2026 Bonds. ........................................................................ 4 Section 2-203. Form of Series 2026 Bonds. ........................................................................... 6 Section 2-204. Securities Depository Provisions ................................................................... 6 Section 2-205. Delivery of Series 2026 Bonds. ..................................................................... 7 ARTICLE III REDEMPTION OF SERIES 2026 BONDS Section 3-301. Redemption Date and Price. .......................................................................... 7 Section 3-302. Selection of Series 2026 Bonds for Redemption. .......................................... 7 Section 3-303. Notice of Redemption. ................................................................................... 8 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2026 BONDS Section 4-401. Application of Proceeds of Series 2026 Bonds. ............................................. 9 ARTICLE V ESTABLISHMENT OF ACCOUNTS Section 5-501. Series 2026A Project Account and Series 2026C Project Account. .............. 9 i 4892-7666-4754.4 Section 5-502. Series 2026B Refunding Account. ............................................................... 10 Section 5-503. Costs of Issuance Account. .......................................................................... 10 ARTICLE VI SECURITY FOR SERIES 2026 BONDS Section 6-601. Security for Series 2026 Bonds. ................................................................... 10 ARTICLE VII PRIOR AMENDMENT TO AGREEMENT OF TRUST Section 7-701. Prior Amendment to Agreement of Trust. ................................................... 10 ARTICLE VIII MISCELLANEOUS Section 8-801. Limitations on Use of Proceeds.................................................................... 11 Section 8-802. Limitation of Right. ..................................................................................... 11 Section 8-803. Severability. ................................................................................................. 12 Section 8-804. Successors and Assigns. ............................................................................... 12 Section 8-805. Applicable Law. ........................................................................................... 12 Section8-807. Counterparts. ................................................................................................ 12 Exhibit A—Form of Series 2026A Bond Exhibit B—Form of Series 2026B Bond Exhibit C—Form of Series 2026C Bond Exhibit D—Previously Issued and Outstanding Public Facility Revenue Bonds Exhibit E—Summary of Refunded Prior Bonds ii 4892-7666-4754.4 This THIRTEENTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of _October 1, 2026, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION (as successor to Wachovia Bank,National Association and U.S. Bank National Association), a national banking association, having a corporate trust office in Richmond, Virginia, as trustee in such capacity, together with any successor in such capacity, herein called the "Trustee"),provides: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), as previously supplemented and amended, pursuant to which the Authority has agreed to issue from time to time, and has issued under supplemental agreements of trust public facility revenue bonds or notes to finance or refinance the costs incurred in connection with certain Projects (as hereinafter defined) for the benefit of the City of Virginia Beach, Virginia(the"City); and WHEREAS, within the limitations of and in compliance with the Master Agreement of Trust, the City has requested the Authority to issue public facility revenue bonds to finance the costs of the Series 2026A Projects and Series 2026B Projects (as such terms are hereinafter defined) [and to refund for debt service savings certain of the Authority's Public Facility Revenue Bonds, Series which had been previously issued by the Authority on behalf of the City to assist the City in financing various public facilities]; and WHEREAS, the Authority has agreed to issue its Public Facility Revenue Bonds, Series 2026A in the aggregate principal amount of $ , Public Facility Revenue Bonds, Series 2026B (Federally Taxable) in the aggregate principal amount of $ , and [its fu m Public Facility Rending Revenue Bonds, Series 2026C in the aggregate principal amount of $ ] (collectively, the Series 2026 Bonds"), with each of such Series 2026 Bonds being secured by a pledge of the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as previously supplemented and amended in connection with previously issued Prior Public Facility Revenue Bonds (herein defined) by supplemental support agreements, and as supplemented with respect to the Series 2026 Bonds by a Twelfth Supplemental Support Agreement dated as of October 1, 2026 (collectively, the "Support Agreement"), between the Authority and the City, and the City has agreed, subject to the annual appropriation by the Council of the City, to make annual payments that will be sufficient to pay the principal of and premium, if any, and interest on all of such public facility revenue bonds as the same shall become due; and WHEREAS,the Authority has taken all necessary action to make the Series 2026 Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Thirteenth Supplemental Agreement of Trust (the "Thirteenth Supplemental Agreement") a valid and binding agreement authorizing and providing for the details of the Series 2026 Bonds. 4892-76664754.4 NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained,the parties hereto agree as follows: ARTICLE I THIRTEENTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Thirteenth Supplemental Agreement. This Thirteenth Supplemental Agreement is authorized and executed by the Authority and delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement of Trust shall apply with full force and effect to the Series 2026 Bonds and to the holder thereof, except as otherwise provided in this Thirteenth Supplemental Agreement. Section 1-102. Definitions. Except as otherwise defined in this Thirteenth Supplemental Agreement, words defined in the Master Agreement of Trust are used in this Thirteenth Supplemental Agreement with the meanings assigned to them in the Master Agreement of Trust. In addition, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Thirteenth Supplemental Agreement" shall mean this Thirteenth Supplemental Agreement of Trust between the Authority and the Trustee, which supplements the Master Agreement of Trust. "Letter of Representations" shall mean the Blanket Letter of Representations dated July 11, 1997, from the Authority to the Securities Depository and any amendments thereto or successor agreements between the Authority and any successor Securities Depository with respect to the Series 2026 Bonds. Notwithstanding any provision of the Master Agreement of Trust, including Article X regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Prior Public Facility Revenue Bonds" shall mean the currently outstanding public facility revenue bonds previously issued pursuant to the Master Agreement of Trust and certain supplements thereto described in Exhibit D. "Project" or"Projects" shall have the meaning set forth in the Support Agreement. ["Refunded Prior Bonds" means the maturities of the Public Facility Revenue Bonds, Series described in Exhibit E to this Thirteenth Supplemental Agreement.] "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2026 Bonds appointed pursuant to Section 2-204, and their successors. 2 4892-7666-4754.4 "Series 2026 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2026A, $ Public Facility Revenue Bonds, Series 2026B (Federally Taxable) and [$ Public Facility Refunding Revenue Bonds, Series 2026C] authorized to be issued pursuant to this Thirteenth Supplemental Agreement. "Series 2026A Projects" shall mean have the meaning set forth in the Twelfth Supplemental Support Agreement. "Series 2026A Project Account" shall mean the Series 2026A Project Account established in Section 5-501 of this Thirteenth Supplemental Agreement. "Series 2026B Projects" shall mean have the meaning set forth in the Twelfth Supplemental Support Agreement. "Series 2026B Project Account" shall mean the Series 2026A Project Account established in Section 5-501 of this Thirteenth Supplemental Agreement. "Twelfth Supplemental Support Agreement" shall mean the Twelfth Supplemental Support Agreement dated as of October 1, 2026 between the City and the Authority. Section 1-103. Rules of Construction. The following rules shall apply to the construction of this Thirteenth Supplemental Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Series 2026 Bonds shall not be deemed to refer to or connote the payment of Series 2026 Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Thirteenth Supplemental Agreement. (d) The headings herein and Table of Contents to this Thirteenth Supplemental Agreement herein are solely for convenience of reference and shall not constitute a part of this Thirteenth Supplemental Agreement nor shall they affect its meaning, construction or effect. (e) All references herein to payment of Series 2026 Bonds are references to payment of principal of and interest on the Series 2026 Bonds. 3 4892-76664754.4 ARTICLE II AUTHORIZATION,DETAILS AND FORM OF SERIES 2026 BONDS Section 2-201. Authorization of Series 2026 Bonds. There are hereby authorized to be issued Public Facility Revenue Bonds, Series 2026A in the aggregate principal amount of $ , Public Facility Revenue Bonds, Series 2026B (Federally Taxable) in the aggregate principal amount of $ , [and Public Facility Refunding Revenue Bonds, Series 2026B in the aggregate principal amount of$ ,] the proceeds of which to be applied in accordance with Article IV hereof to finance the costs of the Series 2026A Projects, Series 2026 Projects, [refund the Refunded Prior Bonds] and pay costs incident to issuing the Series 2026 Bonds. Section 2-202. Details of Series 2026 Bonds. (a) The Series 2026A Bonds shall be designated "Public Facility Revenue Bonds, Series 2026A," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of$5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2026A Bonds shall bear interest at rates, payable semiannually on each October 15 and April 15, beginning April 15, 2027, and shall mature in installments on October 15 in years and amounts, as follows: Year Amount Rate Year Amount Rate (b) [The Series 2026B Bonds shall be designated "Public Facility Revenue Bonds, Series 2026B (Federally Taxable)," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2026B Bonds shall bear interest at rates, payable semiannually on each October 15 and April 15, beginning April 15, 2027, and shall mature in installments on October 15 in years and amounts, as follows:] 4 4892-76664754.4 Year Amount Rate Year Amount Rate (c) [The Series 2026C Bonds shall be designated"Public Facility Refunding Revenue Bonds, Series 2026C" shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2026C Bonds shall bear interest at rates, payable semiannually on each October 15 and April 15, beginning April 15, 2027, and shall mature in installments on October 15 in years and amounts, as follows:] Year Amount Rate Year Amount Rate (d) Each Series 2026 Bond shall bear interest (a) from its date, if such Series 2026 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2026 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2026 Bond interest thereon is in default, such Series 2026 Bond shall bear interest from the date to which interest has been paid. Interest shall be calculated on the basis of a 360-day year of twelve 30- day months. (e) Principal of the Series 2026 Bonds shall be payable to the registered holder(s) upon the surrender of Series 2026 Bonds at the corporate trust office of the Trustee in Richmond, Virginia. Interest on the Series 2026 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Trustee on the first day of the month preceding each interest payment date; provided, however, if the Series 2026 Bonds are registered in the name of a Securities Depository or its nominee as registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2026 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Trustee from such registered holder(s). If the nominal date for making any payment on the Series 2026 Bonds is not a Business Day, the payment may be made on the next Business Day with the 5 4892-76664754.4 same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest shall be payable in lawful money of the United States of America. Section 2-203. Form of Series 2026 Bonds. The Series 2026A Bonds shall be in substantially the form set forth in Exhibit A, [the Series 2026B Bonds] shall be in substantially the form set forth in Exhibit B and the Series 2026C Bonds shall be in substantially the form set forth in Exhibit C, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Thirteenth Supplemental Agreement. Section 2-204. Securities Depository Provisions Initially, one certificate for each maturity of each Series of the Series 2026 Bonds will be issued and registered to the Securities Depository, or its nominee. The Authority has entered into a Letter of Representations relating to a book-entry system to be maintained by the Securities Depository with respect to the Series 2026 Bonds. In the event that (a) the securities Depository determines not to continue to act as a securities depository for the Series 2026 Bonds by giving notice to the Trustee and the Authority discharging its responsibilities hereunder or (b) the Authority, at the direction of the City, determines (1) that beneficial owners of Series 2026 Bonds shall be able to obtain certificated Series 2026 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the direction of the Authority, attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2026 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Exhibit A, Exhibit B [or Exhibit C], as appropriate; provided, however, that such form shall provide for interest on the Series 2026 Bonds to be payable (i) from its dated date if it is authenticated prior to the first interest payment date or (ii) otherwise from the interest payment date that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2026 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2026 Bonds,the Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2026 Bonds will be registerable, transferable and exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust. So long as there is a Securities Depository for the Series 2026 Bonds (A) it or its nominee shall be the registered holder(s) of the Series 2026 Bonds, (B) notwithstanding anything to the contrary in this Thirteenth Supplemental Agreement, determinations of persons entitled to payment of principal and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C)the Authority and the Trustee shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references 6 4892-7666-4754.4 in this Thirteenth Supplemental Agreement to registered holder(s) of the Series 2026 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2026 Bonds and (E) in the event of any inconsistency between the provisions of this Thirteenth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations such provisions of the Letter of Representations shall control. Section 2-205. Delivery of Series 2026 Bonds. The Trustee shall authenticate and deliver the Series 2026 Bonds when there have been filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2026 BONDS Section 3-301. Redemption Date and Price. Optional Redemption. The Series 2026 Bonds may not be called for redemption by the Authority except as follows. (a) The Series 2026A Bonds maturing on or after October 15, 2037 may be redeemed by the Authority, at the direction of the City, on or after October 15, 2036, in whole or in part at any time (in increments of$5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2026A Bonds to be redeemed plus interest accrued to the redemption date. (b) The Series 2026B Bonds maturing on or after October 15, 2037 may be redeemed by the Authority, at the direction of the City, on or after October 15, 2036, in whole or in part at any time (in increments of$5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2026B Bonds to be redeemed plus interest accrued to the redemption date. (c) [The Series 2026C Bonds are not subject to optional redemption prior to maturity]. Section 3-302. Selection of Series 2026 Bonds for Redemption. If less than all of the Series 2026 Bonds are called for redemption, the maturities of the Series 2026 Bonds to be redeemed shall by selected by the Authority as directed by the City. If less than all of a particular maturity of the Series 2026 Bonds are called for redemption, the Series 2026 Bonds to be redeemed shall be selected by the Securities Depository or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2026 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2026 Bonds for redemption, each Series 2026 Bond shall be considered as representing that number of Series 2026 Bonds which is obtained by dividing the principal amount of such Series 2026 Bonds by 7 4892-7666-4754.4 $5,000. If a portion of a Series 2026 Bond shall be called for redemption, a new Series 2026 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 3-303. Notice of Redemption. The Trustee, upon being satisfied as to the payment of its expenses and upon receiving the notice of redemption from the Authority not less than 45 days prior to the redemption date, shall send notice of the call for redemption, identifying the Series 2026 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to DTC, or if DTC is no longer serving as securities depository for the Series 2026 Bonds, to the substitute securities depository, or if no securities depository exists, to the respective holders of each Series 2026 Bond to be redeemed at the holder's address as it appears on the registration books kept by the Trustee, (b) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories and (c) to each nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. In preparing and delivering such notice, the Trustee shall take into account, to the extent applicable, the prevailing tax-exempt securities industry standards and any regulatory statement of any federal or state administrative board having jurisdiction over the Authority or the tax-exempt securities industry, including Release No. 34-23856 of the Securities and Exchange Commission or any subsequent amending or superseding release. Failure to give any notice specified in (a) above, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 2026 Bond with respect to which no such failure or defect has occurred. Failure to give any notice specified in (b) or (c) above, or any defect herein, shall not affect the validity of any proceedings for the redemption of any Series 2026 Bonds with respect to which the notice specified in (a) above is correctly given. Any notice mailed or provided herein shall conclusively be presumed to have been given whether or not actually received by any Series 2026 Bondholder. In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or(2) the Authority, as directed by the City, retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption in (2) above may be rescinded at any time prior to the redemption date if the Authority delivers a written direction to the Trustee directing the Trustee to rescind the redemption notice and any funds deposited with the Trustee in connection with such rescinded redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission to the affected Series 2026 Bondholders. Any Series 2026 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of Conditional Redemption, the failure of the Authority to make funds available on or before the redemption date shall not constitute an Event of Default, and the Trustee shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the 8 4892-7666-4754.4 affected Series 2026 Bondholders that the redemption did not occur and that the Series 2026 Bonds called for redemption and not so paid remain outstanding. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2026 BONDS Section 4-401. Application of Proceeds of Series 2026 Bonds. (a) The proceeds of the Series 2026A Bonds in the amount of$ shall be deposited into the Series 2026A Project Account in the Project Fund. The amount of $ for reimbursement of prior expenditures for Series 2026A Projects, shall be transferred from the Series 2026A Project Account upon receipt by the Trustee to the City in accordance with instructions provided by the City. (b) The proceeds of the Series 2026B Bonds in the amount of$ shall be deposited into the Series 2026B Project Account in the Project Fund. The amount of $ for reimbursement of prior expenditures for Series 2026B Projects, shall be transferred from the Series 2026B Project Account upon receipt by the Trustee to the City in accordance with instructions provided by the City (c) [The proceeds of the Series 2026C Bonds in the amount of$ shall be deposited by the Trustee upon receipt under the Escrow Deposit Agreement for which the Trustee serves as escrow agent to effect the refunding of the Refunded Prior Bonds.] (d) The remaining balance of the Series 2026 Bonds, $ , shall be applied by the City to pay issuance costs as follows: Series 2026A Bonds, $ ; Series 2026B Bonds $ ; [and Series 2026C Bonds $ 1 any amount remaining after payment of such costs may be used to pay additional costs of the related Series 2026 Project. (e) The amounts for deposit in paragraphs (a), (b) and (c) above are inclusive of good faith deposits in the aggregate amount of$ previously paid to the City on behalf of the Authority by the purchasers of the Series 2026 Bonds in the amount of(i) $ for the Series 2026A Bonds, (ii) $ for the Series 2026B Bonds [and (iii) $ for the Series 2026C Bonds,] which aggregate amount has been provided to the Trustee and instructed to be applied in accordance with this Section 4-401. ARTICLE V ESTABLISHMENT OF ACCOUNTS Section 5-501. Series 2026A Project Account and Series 2026B Project Account. There shall be established within the Project Fund a special account entitled "Series 2026A Project Account" to be funded as specified in Section 4-401(a). Money in the Series 2026A Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust to pay or reimburse Series 2026A Project costs. 9 4892-7666-4754.4 There shall be established within the Project Fund a special account entitled "Series 2026B Project Account" to be funded as specified in Section 4-401(b). Money in the Series 2026B Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust to pay or reimburse Series 2026B Project costs. [Section 5-502. Series 2026C Refunding Account.] [There shall be established a special account entitled "Series 2026C Refunding Account." The portion of the proceeds of the Series 2026C Bonds specified in Section 4-401(c) shall be deposited by the Trustee under the Escrow Deposit Agreement and accounted for within such refunding account.] Section 5-503. Costs of Issuance Account. There is hereby established in the Project Fund a "Series 2026 Bond Costs of Issuance Account" into which the proceeds of the Series 2026 Bonds in Section 4-401(d) shall be deposited. Subaccounts shall be established therein for each of the Series 2026A, 2026B and 2026C Bonds, Such account will be used as directed in such section to pay issuance costs or applied to pay or reimburse Series 2026A and Series 2026B Project costs. ARTICLE VI SECURITY FOR SERIES 2026 BONDS Section 6-601. Security for Series 2026 Bonds. The Series 2026 Bonds shall be equally and ratably secured under the Master Agreement of Trust with the Authority's Prior Public Facility Revenue Bonds and any other series of public facility revenue bonds issued pursuant to Article III of the Master Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, except as provided in the Master Agreement of Trust. ARTICLE VII PRIOR AMENDMENT TO AGREEMENT OF TRUST Section 7-701. Prior Amendment to Agreement of Trust. Section 1305 of the Master Trust Agreement was amended by the Eleventh Supplemental Trust Agreement and Amendment to Agreement of Trust by inserting the following paragraph at the end of such section: "Notwithstanding the first paragraph of this section, the Trustee shall have the right to accept and, as applicable, act upon notices, approvals, consents, requests, opinions, instructions or directions pursuant to this Agreement sent in writing, provided that any communication sent to the Trustee hereunder must be in the form of a document signed manually or by way of a digital signature provided via DocuSign (or such other digital signature provider as specified in 10 4892-7666-4754.4 writing by an Authorized City Representative or an Authorized Authority Representative), in English (herein "Digital Signatures"), by unsecured e-mail, facsimile transmission, portable data format ("PDF"), or other similar unsecured electronic methods, provided, however, that the sender shall provide to the Trustee an incumbency certificate listing designated persons with the authority to provide such instructions and containing specimen signatures of such designated persons, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If a sender elects to give the Trustee e-mail, PDF or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee's understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such instructions notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction. The sender agrees to assume all risks arising out of the use of Digital Signatures and electronic methods to submit communications, instructions and directions to the Trustee, including, without limitation, the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties." ARTICLE VIII MISCELLANEOUS Section 8-801. Limitation on Use of Proceeds. The Authority intends that interest on the Series 2026A Bonds [and Series 2026C Bonds] shall be excluded from gross income for Federal income tax purposes. The Authority covenants with the holders of the Series 2026A Bonds [and Series 2026C Bonds] not to take any action that would adversely affect, and to take all action within its power necessary to maintain, the exclusion of interest on all Series 2026A Bonds [and Series 2026C Bonds] from gross income for Federal income taxation purposes. Section 8-802. Limitation of Right. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Thirteenth Supplemental Agreement or the Series 2026 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2026 Bonds any legal or equitable right, remedy or claim under or in respect to this Thirteenth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Thirteenth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Bonds as herein provided. 11 4892-76664754.4 Section 8-803. Severability. If any provision of this Thirteenth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Thirteenth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 8-804. Successors and Assigns. This Thirteenth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 8-805. Applicable Law. This Thirteenth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 8-806. USA Patriot and Freedom Act Compliance. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a Trust or other legal entity the Trustee will request documentation to verify its formation and existence as a legal entity. The Trustee may also request financial statements, licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. Section 8-807. Counterparts. This Thirteenth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 12 4892-7666-4754.4 IN WITNESS WHEREOF, the Authority and the Trustee have caused this Thirteenth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Title: U.S. BANK TRUST COMPANY,NATIONAL ASSOCIATION, As Trustee By: Title: Acknowledged and Consented To: CITY OF VIRGINIA BEACH,VIRGINIA, By: Title: 13 4892-7666-4754.4 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co.,has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2026A INTEREST RATE MATURITY DATE DATED DATE CUSIP % October 15,20_ October [71,2026 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each on each October 15 and April 15, beginning April 15, 2027, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from on each October [7], 2026 if this bond is authenticated prior to April 15, 2027 or (b) otherwise from the October 15 or April 15 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in A-1 4892-7666-4754.4 which case this bond shall bear interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Series 2026A Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is not a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter of Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2026A (the "Series 2026A Bonds") authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Series 2026A Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as further supplemented with respect to the Series 2026A Bonds by a Thirteenth Supplemental Agreement of Trust dated as of October 1, 2026 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the 2026, (a)the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2026A Bonds by a Twelfth Supplemental Support Agreement dated as of October 1, 2026 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b)the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Series 2026A Bonds and the terms upon which the Series 2026A Bonds are issued and secured. The Series 2026A Bonds are equally and ratably secured on a parity basis with $ in aggregate principal amount of Prior Public Facility Revenue Bonds previously issued by the Authority[ and $ Public Facility Revenue Bonds, Series 2026B (Federally Taxable) [and $ Public Facility Refunding Revenue Bonds, Series 2026C] issued on the date hereof (collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Series 2026A Bonds and the Parity Bonds may be issued under the terms and conditions A-2 4892-7666-4754.4 set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Series 2026A Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Series 2026A Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE SERIES 2026A BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE SERIES 2026A BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE SERIES 2026A BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE SERIES 2026A BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this bond shall be liable personally on hereon or be subject to any personal liability or accountability by reason of the issuance hereof. The Series 2026A Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. Optional Redemption. The Series 2026A Bonds maturing on or after October 15, 2037 may be redeemed prior to their respective maturities on or after October 15, 2036 at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of A-3 4892-7666-4754.4 100% of the principal amount, or portion thereof, of Series 2026A Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Series 2026A Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority, at the direction of the City. If less than all of the Series 2026A Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2026A Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof. In selecting Series 2026A Bonds for redemption, each Series 2026A Bond shall be considered as representing that number of Series 2026A Bonds which is obtained by dividing the principal amount of such Series 2026A Bond by $5,000. If any of the Series 2026A Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Series 2026A Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Series 2026A Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or(2)the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Series 2026A Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book-entry system is discontinued, to the registered owners of this bond. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Series 2026A Bonds are issuable as registered bonds in the denomination of$5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing A-4 4892-7666-4754.4 interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by the manual or facsimile signature of its Chairman, its seal or a facsimile thereof to be imprinted hereon and attested by the manual or facsimile signature of its Secretary, and this bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) By Chairman Attest: Secretary A-5 4892-7666-4754.4 CERTIFICATE OF AUTHENTICATION Date Authenticated: , 2026 This bond is one of the Series 2026A Bonds described in the within mentioned Agreement of Trust. U.S. BANK TRUST COMPANY,NATIONAL ASSOCIATION, as Trustee By Authorized Officer A-6 4892-7666-4754.4 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. A-7 4892-76664754.4 [EXHIBIT B] Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede& Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2026B (Federally Taxable) INTEREST RATE MATURITY DATE DATED DATE CUSIP % October 15,20_ October [7],2026 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each October 15 and April 15, beginning April 15, 2027, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from October [7], 2026 if this bond is authenticated prior to April 15, 2027 or (b) otherwise from the October 15 or April 15 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this B-1 4892-76664754.4 bond shall bear interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Series 2026B Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is not a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter of Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2026B (Federally Taxable) (the "Series 2026B Bonds") authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Series 2026B Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as further supplemented with respect to the Series 2026B Bonds by a Thirteenth Supplemental Agreement of Trust dated as of October 1, 2026 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Series 2026B Bonds, (a)the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2026B Bonds by an Twelfth Supplemental Support Agreement dated as of October 1, 2026 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia(the"City"), and (b)the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Series 2026B Bonds and the terms upon which the Series 2026B Bonds are issued and secured. The Series 2026B Bonds are equally and ratably secured on a parity basis with $ in aggregate principal amount of Prior Public Facility Revenue Bonds previously issued by the Authority and $ Public Facility Revenue Bonds, Series 2026A [and $ Public Facility Refunding Revenue Bonds, Series 2026C] issued on the date hereof(collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Series 2026B Bonds and the Parity Bonds may be issued under the terms and B-2 4892-76664754.4 conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Series 2026B Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Series 2026B Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE SERIES 2026B BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE SERIES 2026B BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE SERIES 2026B BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE SERIES 2026B BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this bond shall be liable personally hereon or be subject to any personal liability or accountability by reason of the issuance hereof. The Series 2026B Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. Optional Redemption. The Series 2026B Bonds maturing on or after October 15, 2037 may be redeemed prior to their respective maturities on or after October 15, 2036 at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of B-3 4892-76664754.4 100% of the principal amount, or portion thereof, of Series 2026B Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Series 2026B Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority, at the direction of the City. If less than all of the Series 22026B Bonds of any maturity are called for redemption, the Series 2026B Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2026B Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof. In selecting Series 2026B Bonds for redemption, each Bond shall be considered as representing that number of Series 2026B Bonds which is obtained by dividing the principal amount of such Series 2026B Bond by $5,000. If any of the Series 2026B Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Series 2026B Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Series 2026B Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or(2)the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Series 2026B Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book-entry system is discontinued,to the registered owners of this bond The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Series 2026B Bonds are issuable as registered bonds in the denomination of$5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing B-4 4892-7666-4754.4 interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by the manual or facsimile signature its Chairman, its seal or a facsimile thereof to be imprinted hereon and attested by the manual or facsimile signature of its Secretary, and this bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) By Chairman Attest: Secretary B-5 4892-76664754.4 CERTIFICATE OF AUTHENTICATION Date Authenticated: 12026 This bond is one of the Series 2026B Bonds described in the within mentioned Agreement of Trust. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee By Authorized Officer B-6 4892-7666-4754.4 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. B-7 4892-76664754.4 EXHIBIT C Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof,Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Refunding Revenue Bond, Series 2026C INTEREST RATE MATURITY DATE DATED DATE CUSIP % October 15,20_ October [7],2026 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, and to pay, solely from such source, interest hereon on each October 15 and April 15, beginning April 15, 2027, at the annual rate stated above, calculated on the basis of a 360- day year of twelve 30-day months. Interest is payable (a) from October [7], 2026 if this bond is authenticated prior to April 15, 2027 or(b) otherwise from the October 15 or April 15 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest C-1 4892-7666-4754.4 hereon is in default, in which case this bond shall bear interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Series 2026C Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is not a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter of Representations to DTC. This bond is one of an issue of$ Public Facility Refunding Revenue Bonds, Series 2026C (the "Series 2026C Bonds") authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Series 2026C Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as further supplemented with respect to the Series 2026C Bonds by a Thirteenth Supplemental Agreement of Trust dated as of October 1, 2026 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the 2026, (a)the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2026C Bonds by an Twelfth Supplemental Support Agreement dated as of October 1, 2026 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b)the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Series 2026C Bonds and the terms upon which the Series 2026C Bonds are issued and secured. The Series 2026C Bonds are equally and ratably secured on a parity basis with $ in aggregate principal amount of Prior Public Facility Revenue Bonds previously issued by the Authority and $ Public Facility Revenue Bonds, Series 2026A and $ Public Facility Revenue Bonds, Series 2026B (Federally Taxable) issued on the date hereof(collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Series 2026C Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the C-2 4892-76664754.4 Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Series 2026C Bonds are issued to refund certain of the Parity Bonds. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Series 2026C Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE SERIES 2026C BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE SERIES 2026C BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE SERIES 2026C BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE SERIES 2026C BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this bond shall be liable personally on hereon or be subject to any personal liability or accountability by reason of the issuance hereof. [The Series 2026C Bonds may not be called for redemption by the Authority.] The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of C-3 4892-7666-4754.4 any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Series 2026C Bonds are issuable as registered bonds in the denomination of$5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by the manual or facsimile signature of its Chairman, its seal or a facsimile thereof to be imprinted hereon and attested by the manual or facsimile signature of its Secretary, and this bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) By Chairman Attest: C-4 4892-7666-4754.4 Secretary C-5 4892-7666-4754.4 CERTIFICATE OF AUTHENTICATION Date Authenticated: _, 2026 This bond is one of the Series 2026C Bonds described in the within mentioned Agreement of Trust. U.S. BANK TRUST COMPANY,NATIONAL ASSOCIATION, as Trustee By Authorized Officer C-6 4892-7666-4754.4 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s)unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. C-7 4892-76664754.4 EXHIBIT D CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PREVIOUSLY ISSUED AND OUTSTANDING PUBLIC FACILITY REVENUE BONDS Outstanding Bonds Bond Issue as of August 31,2026 2024A Public Facility Revenue $ 30,090,000 2024B Public Facility Refunding Revenue 21,260,000 2024C Public Facility Revenue (Federally 115,270,000 Taxable) 2020A Public Facility Revenue 114,500,000 2018A Public Facility Revenue 14,425,000 2016A Public Facility Revenue 10,185,000 2016B Public Facility Refunding Revenue 475,000 2015A Public Facility Revenue 17,410,000 2015B Public Facility Refunding Revenue 5,400,000 6,550,000 $335,565,000 D-1 4892-7666-4754.4 EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY SUMMARY OF REFUNDED PRIOR BONDS Maturity CUSIP Interest Par Call Call Bonds Date Number Rate Amount Date Price Public Facility Revenue Bonds, Series 20 Public Facility Revenue Bonds, Series 20 E-1 4892-7666-4754.4 TWELFTH SUPPLEMENTAL SUPPORT AGREEMENT between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY and CITY OF VIRGINIA BEACH,VIRGINIA Dated as of October 1, 2026 NOTE: THIS TWELFTH SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF, U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, AS PREVIOUSLY SUPPLEMENTED AND AMENDED, AND AS FURTHER SUPPLEMENTED BY A THIRTEENTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF OCTOBER 1, 2026,WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME. INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE OBTAINED FROM THE TRUSTEE AT RICHMOND,VIRGINIA. TABLE OF CONTENTS Parties.................................................................................................................................................1 Recitals...............................................................................................................................................1 GrantingClauses................................................................................................................................l ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section1.1 Definitions............................................................................................................... 2 Section 1.2 Rules of Construction ............................................................................................. ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority .................................................................................4 Section 2.2 Representations by City..........................................................................................4 ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2026 Bonds .................................................................. 5 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section4.1 Amounts Payable.................................................................................................... 6 ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption.................................................................................. 6 ARTICLE VI SERIES 2026 ARBITRAGE REBATE FUND Section 6.1 Series 2026 Arbitrage Rebate Fund........................................................................ 7 Section 6.2 Rebate Requirements.............................................................................................. 7 Section 6.3 Calculation and Report of Rebate Amount............................................................. 7 Section 6.4 Payment of Rebate Amount.................................................................................... 8 Section6.5 Reports by Trustee.................................................................................................. 8 Section 6.6 Disposition of Balance in Series 2026 Arbitrage Rebate Fund.............................. 8 ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants..................................................................................... 9 Section 7.2 Post-Issuance Compliance...................................................................................... 9 Section7.3 Severability..............................................................................................................9 Section 7.4 Successors and Assigns........................................................................................... 9 Section7.5 Counterparts.......................................................................................................... 10 Section 7.6 Governing Law..................................................................................................... 10 Exhibit A—Schedule of Payments A-1 Exhibit B—Description of Series 2026A Projects and Series 2026B Projects B-1 Exhibit C—Administrative Fee Schedule C-1 H THIS TWELFTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of October 1, 2026, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia(the "City"), provides: WITNESSETH: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act"); and WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, own, lease and dispose of"Authority facilities," as defined in the Act,to finance or refinance and lease facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, the City desires to undertake a program of financing or refinancing the acquisition, construction and equipping of various public facilities that the City determines to undertake from time to time; and WHEREAS, in furtherance of the purposes of the Act, the City has requested the Authority to undertake one or more series of Projects (as defined in the Support Agreement, as hereinafter defined), and the Authority has determined to issue from time to time its public facility revenue bonds and to loan the proceeds thereof to the City to finance or refinance costs incurred in connection with such Projects and costs of issuing such bonds pursuant to the terms of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), between the Authority and U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association and U.S. Bank National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as supplemented and amended in connection with previously issued Prior Public Facility Revenue Bonds (herein defined), and as further supplemented in connection with the Series 2026 Bonds (herein defined) by a Thirteenth Supplemental Agreement of Trust dated as of October 1, 2026, all between the Authority and the Trustee (collectively,the "Agreement of Trust"); and WHEREAS, in furtherance of the purposes of the Act,Authority has agreed to loan from time to time proceeds of such bonds to the City, and the City has agreed to repay such loans, subject to appropriation by the City Council of sufficient moneys for such purpose pursuant to a support agreement between the City and the Authority dated as of September 1, 2003 (the "Master Support Agreement"), as previously supplemented and amended in connection with each prior series of public facility revenue bonds; and WHEREAS, within the limitations and in compliance with the Agreement of Trust, the City has requested the Authority to issue a series of Public Facility Revenue Bonds in the aggregate principal amount of $ a series of Public Facility Revenue Bonds (federally taxable) in the aggregate principal amount of $ [and a series of Public Facility Refunding Revenue Bonds in the aggregate principal amount of $ 1 (collectively, the "Series 2026 Bonds") and to loan such proceeds to the City pursuant to the terms of this Twelfth Supplemental Support Agreement to finance the cost of the Series 2026A Projects and Series 2026B Projects (as such terms are hereinafter defined) [and to refund certain of the Authority's Public Facility Revenue Bonds, Series previously issued by the Authority to assist the City in financing various public facilities;] and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Twelfth Supplemental Support Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Twelfth Supplemental Support Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions. Unless otherwise defined in this Twelfth Supplemental Support Agreement, all words used herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master Support Agreement. The following words as used in this Twelfth Supplemental Support Agreement shall have the following meanings unless a different meaning clearly appears from the context: "Agreement of Trust" shall mean the Agreement of Trust dated as of September 1, 2003, as previously supplemented and amended, and as further supplemented with respect to the Series 2026 Bonds by the Thirteenth Supplemental Agreement of Trust. "Basic Agreements" shall mean the Agreement of Trust and the Support Agreement. "Twelfth Supplemental Support Agreement" shall mean this Twelfth Supplemental Support Agreement dated as of October 1, 2026, between the Authority and the City, which supplements the Master Support Agreement. "Master Support Agreement" shall mean the Support Agreement dated as of September 1, 2003,between the Authority and the City. "Prior Public Facility Revenue Bonds" means the previously issued and outstanding public facility revenue bonds shown in Exhibit D to the Twelfth Supplemental Trust Agreement, 2 debt service payments on which are shown, together with debt service payments on the Series 2026 Bonds, on Exhibit A hereto. "Series 2026 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2026A, $ Public Facility Revenue Bonds, Series 2026B (Federally Taxable) [and $ Public Facility Refunding Revenue Bonds, Series 2026C] authorized to be issued pursuant to the Thirteenth Supplemental Agreement of Trust. "Series 2026A Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects identified as Series 2026A Projects as set forth on Exhibit B. "Series 2026 Arbitrage Rebate Fund" shall mean the fund established in section 6.1 "Series 2026B Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects identified as Series 2026B Projects as set forth on Exhibit B. "Support Agreement" shall mean the Master Support Agreement, as previously supplemented and amended, and as supplemented and amended by this Twelfth Supplemental Support Agreement. "Thirteenth Supplemental Agreement of Trust" shall mean the Thirteenth Supplemental Agreement of Trust dated as of October 1, 2026, between the Authority and the Trustee, which supplements the Agreement of Trust. Section 1.2 Rules of Construction. The following rules shall apply to the construction of this Twelfth Supplemental Support Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Bonds shall not be deemed to refer to or connote the payment of Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Twelfth Supplemental Support Agreement. (d) The headings herein and Table of Contents to this Twelfth Supplemental Support Agreement herein are solely for convenience of reference and shall not constitute a part of this Twelfth Supplemental Support Agreement nor shall they affect its meaning, construction or effect. 3 (e) All references herein to payment of Bonds are references to payment of principal of and premium, if any, and interest on the Bonds. ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority. The Authority makes the following representations: (a) The Authority is a political subdivision of the Commonwealth of Virginia duly created under the Act; (b) Pursuant to the Act, the Authority has full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements. (c) The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of its assets is subject; (d) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any Federal or state securities laws; and (e) There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, the knowledge of the Authority, threatened with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to issue and sell its bonds. Section 2.2 Representations by City. The City makes the following representations: (a) The City is a political subdivision of the Commonwealth of Virginia; 4 (b) The City has full power and authority to enter into the Basic Agreements to which it is a parry and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements; (c) The City is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d) The City is not in default under or in violation of, and the execution, delivery and compliance by the City with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the City or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the City with the terms and conditions of the Basic Agreements to which it is a party; and (f) There is no litigation at law or in equity or any proceeding before any governmental agency involving the City pending or, to the knowledge of the City, threatened with respect to (1)the authority of the City to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance Agreements, or(3)the ability of the City to undertake the Series 2026A and 2026B Projects. ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2026 Bonds. The Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2026 Bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. 5 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable. The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A attached thereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master Support Agreement and subject specifically to the limitation of Section 4.4 thereof,the City shall pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto. The Annual Payments shall be payable without notice or demand at the designated corporate trust office of the Trustee, and shall be paid on or before the applicable payment due dates for the Prior Public Facility Revenue Bonds and the Series 2026 Bonds. Pursuant to the First Amendment to 2002 Support Agreement dated as of May 1, 2010 between the Authority and the City, the parties agreed to fix the Authority's administrative fee payable by the City for all existing public facility revenue bonds and any public facility revenue bonds to be issued in the future in accordance with the fee schedule attached to such agreement (the "Former Fee Schedule"). Pursuant to the Seventh Supplemental Support Agreement dated as of June 1, 2015, entered into in connection with the Authority's Public Facility Revenue Bonds, Series 2015 (the "Series 2015 Bonds") issued at the request of the City, the Authority and the City have agreed upon a new administrative fee schedule for such public facility revenue bonds which is attached as Exhibit C. The fee schedule in Exhibit C became effective as of June 25, 2015,the date of issuance of the Series 2015 Bonds, and applies to all previously issued and outstanding public facility revenue bonds, the Series 2015 Bonds and any public facility revenue bonds to be issued in the future, including the Series 2026 Bonds. All prior support agreements between the Authority and the City were amended by replacing the Former Fee Schedule with the schedule in Exhibit C, such amendments becoming effective on the date of issuance of the Series 2015 Bonds. ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption. The City, on behalf of the Authority, shall have the option to prepay an Annual Payment at the times and in the amounts as necessary to exercise its option to cause any Series 2026 Bonds subject to optional redemption to be redeemed as set forth in such Series 2026 Bonds. Such prepayments of Annual Payments shall be made at the times and in the amounts as necessary to accomplish the optional redemption of such Series 2026 Bonds in accordance with the terms thereof. Upon the exercise of such option, the City shall also pay as Additional Payments, the amounts necessary to pay the premium, if any, due on such Series 2026 Bonds on the date or dates of their redemption. 6 The City, on behalf of the Authority, shall give the Trustee notice of any redemption of such Series 2026 Bonds at least 15 days prior to the latest date that notice of redemption may be given pursuant to Section 402 of the Master Agreement of Trust. Such notice to the Trustee shall specify the redemption date, the principal amount of Series 2026 Bonds to be redeemed, the premium, if any, and the section of the Agreement of Trust pursuant to which such redemption is to be made. ARTICLE VI SERIES 2026 ARBITRAGE REBATE FUND Section 6.1 Series 2026 Arbitrage Rebate Fund. There is hereby established the City of Virginia Beach, Virginia, Series 2026 Public Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2026 Arbitrage Rebate Fund") respecting the Series 2026A Bonds [and the Series 2026C Bonds] (the "Tax-Exempt Bonds") to be held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support Agreement,the City shall deposit moneys in the Series 2026 Arbitrage Rebate Fund from time to time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City may establish separate accounts in the Series 2026 Arbitrage Rebate Fund for such payments. The Series 2026B Bonds, issued as federally taxable obligations, are not subject to arbitrage rebate requirements. Accordingly, no such account need be established for the Series 2026B Bonds. Section 6.2 Rebate Requirements. Except with respect to earnings on funds and accounts qualifying for any exceptions to the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in the Series 2026 Arbitrage Rebate Fund, the Rebate amount to the United States of America, as and when due, in accordance with Section 148(f) of the Code, as provided in this Article, and shall retain records of all such determinations until four years after payment of the Tax-Exempt Bonds. Section 6.3 Calculation and Report of Rebate Amount. (a) The City selects February 1 as the end of the bond year with respect to the Tax- Exempt Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date which is the last day of the fifth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Tax-Exempt Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed and shall deliver a copy of such computation (the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, a Rebate Amount Certificate setting forth such Rebate Amount shall be prepared or approved by (1) a 7 person with experience in matters of governmental accounting for Federal income tax purposes or(2)a bona fide arbitrage rebate calculation reporting service. Section 6.4 Payment of Rebate Amount. Not later than 60 days after the initial installment computation date, the City shall pay solely from amounts in the Series 2026 Arbitrage Rebate Fund to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date or on or before 60 days after every fifth anniversary date thereafter until final payment of the Tax-Exempt Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2026 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Tax-Exempt Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made solely from amounts in the Series 2026 Arbitrage Rebate Fund. Notwithstanding any provision of the Support Agreement to the contrary, no such payment shall be made if the City receives and delivers to the Trustee and the Authority an opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in order to prevent the Tax-Exempt Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (b) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. The Authority covenants that, if so requested by the City, it shall execute any form required to be signed by an issuer of tax-exempt bonds in connection with the payment of any Rebate amount (including Internal Revenue Service Form 8038-T) based on information supplied to the Authority by the City. The City shall supply all information required to be stated on such form and shall prepare such form. Except for the execution and delivery of such form upon timely presentation by the City, the Authority shall have no responsibility for such form or the information stated thereon. Section 6.5 Reports by Trustee. The Trustee shall provide the City within 10 days after each October 15 and within 10 days after the final payment of the Tax-Exempt Bonds with such reports and information with respect to earnings of amounts held under the Agreement of Trust as may be requested by the City in order to comply with the provisions of this Article. Section 6.6 Disposition of Balance in Series 2026 Arbitrage Rebate Fund. 8 After each payment required in Section 6.4 is made and any additional amount necessary to pay the full rebate obligation is retained, the remaining amount in the Series 2026 Arbitrage Rebate Fund shall be retained by the City and used for any lawful purpose. ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants. The City covenants not to permit the proceeds of the Tax-Exempt Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that any such covenants need not be complied with to prevent the interest on the Tax-Exempt Bonds from being includable in the gross income for Federal income tax purposes under existing law,the City need not comply with such covenants. Section 7.2 Post-Issuance Compliance. After the Series 2026 Bonds are issued, the City covenants to monitor the use of the proceeds of such bonds, and the projects financed or refinanced with such bonds, and requirements related to arbitrage yield restriction and rebate with respect to such bonds under the City's Post-Issuance Compliance Policy and Procedures (the "Policy") for tax-advantaged governmental purpose bonds adopted by resolution of the City Council on March 13, 2012. In any instance of noncompliance detected through application of the Policy, the City covenants to take corrective action in accordance with the Policy, and to notify the Authority of the matter and corrective action taken or to be taken. The Authority agrees to cooperate with the City in any instance where action of the Authority may be required in connection with the City's corrective action. Section 7.3 Severability. If any provision of this Twelfth Supplemental Support Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 7.4 Successors and Assigns. This Twelfth Supplemental Support Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 9 Section 7.5 Counterparts. This Twelfth Supplemental Support Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. Section 7.6 Governing Law. This Twelfth Supplemental Support Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. [REMAINDER OF PAGE INTENIONALLY LEFT BLANK] 10 IN WITNESS WHEREOF, the parties have caused this Twelfth Supplemental Support Agreement to be duly executed by their duly authorized representatives as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Chairman CITY OF VIRGINIA BEACH,VIRGINIA By: City Manager Seen and agreed to: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, As Trustee By: Title: 11 RECEIPT Receipt of the foregoing original counterpart of the Twelfth Supplemental Support Agreement dated as of October 1, 2026, between the City of Virginia Beach Development Authority and the City of Virginia Beach,Virginia, is hereby acknowledged. U.S. BANK TRUST COMPANY,NATIONAL ASSOCIATION,as Trustee By: Title: 12 EXHIBIT A SCHEDULE OF PAYMENTS OUTSTANDING PUBLIC FACILITY REVENUE BOND PLUS:SERIES 2026 LESS:REFUNDED DEBT TOTAL OUTSTANDING PUBLIC FACILITY 'FISCAL. DEBT SERVICE BONDS SERVICE REVENUE BOND DEBT SERVICE YEAR PRINCIPAL INTEREST TOTAL PRINCIPAL (INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST TOTAL 2027 24995,000 00 10,365,523.76 35,360,523.76 24995,000.00 10,365,523.76 35,360,52376 2028 30,455,00000 13,452,191,26 43,907,19126 30455,00000 13,452,191.26 43,907,191.26 2029 23,965,000.00 12085,578.76 36,050,578.76 _23,965,00000 12,085,578.76 36,050,578.76 2030 23,845,000,00 10,894,54L26 34,739,541.26 23,845000.00 10,894,541.26 34,739,54126 2031 23,870,000,00. 9,722,510.00 33,592,510.00 23,870,000.00 9,722,510,00 33,592,510 00 2032 23,895,000 00 8,622,785 00 32 517,785 00 23,895,000 00 8,622,785,00 32,517,785.00 2033 23,935,000.00 7,520,660.00 31,455,660.00 23,935,000.00 7,520,660.00 31,455,660.00 2034 22,030,00000 6,417,310.00 28,447,310.00 22,030,00000 6,417,310,00 28,447,310,00 2035 20200,00000 5,400,035.00 25,600,035.00 20200,000.00 5,400,035,00 25,600,035.00 2036 18260,000 00 4,637,40250 22,897,402,50 18260,000 00 4,637,40250 22,897,402.50 2037 18260,00000. 3,942,81750 22,202,81T50. 18260,00000 3.942,81Z50 22202,817.50 2038 17335,00000 3262,107,50 20,597,10T50 17,335,00000 3262,107.50 20597,107.50 2039 16,130,000.00 2,674,170,00 18,804,170.00 16,130,000.00 2,674,170.00 18,804,170,00 2040 16,130,000.00 2,115,407.50 18.245,40750 16,130,000.00 2,115,40750 19245,407,50 2041 8,070000,00 1,553,44250 9.623,44250 8,070,000.00 1,553,442.50 9,623,442.50 2042 8,065,000,00 1,159,550M 9224,550.00 8,065,000.00 1,159,550.00 9224,550.00 2043 8,065.000,00 772,950.00 8,837,950.00 8,065000.00 772,950.00 8,837,950,00 2044 8,060,000.00 386,350.00 8,446350.00 8,060,000.00 386350.00 8,446,350.00 B-1 EXHIBIT B DESCRIPTION OF SERIES 2026A AND SERIES 2026B PROJECTS The following sets forth brief descriptions of the City projects to be financed in whole or in part with public facility revenue bonds ("PFRB") of the Authority, and the amount of each project to be financed with proceeds of the Public Facility Revenue Bonds, Series 2026A and Public Facility Revenue Bonds Series 2026B (Federally Taxable): Projects to be Financed with Series 2026A Public Facility Revenue Bonds Project Amount 100001 17th Street Improvements (TIP) 5,326,610.00 100047 FACILITIES ACCESS SYSTEMS 519,137.00 100059 Resort Parking District(241) 4,200.00 100138 Convention Center Capital Maintenance (TIP) 3,882,549.89 100175 FIRE APPARATUS - PHASE IV 10,076,590.00 100235 LANDSTOWN ROAD IMPROVEMENTS PHASE I 1,435,806.14 100262 Lynnhaven Parkway Corridor 2,030,058.00 100651 Critical Court Facility Safety and ADA Accessibility(Major Projects) 179,400.08 100666 Dam Neck Road-London Bridge Connector Improvs 22,500,000.00 100677 WASTE MANAGEMENT FACILITY REPLACEMENT 118,113.31 $ 46,072,464.42 B-2 Projects to be Financed with Series 2026B Public Facility Revenue Bonds (Federally Taxable) Project Amount 100015 AQUARIUM MARSH PAVILION ENHANCEMENTS 6,185,037.01 100016 AQUARIUM MARSH PAVILION - PHASE II 12,480,569.81 100047 FACILITIES ACCESS SYSTEMS 544,404.76 100048 BURTON STATION ROAD IMPROVEMNTS-PHASE III 2,573,868.84 100120 CITY HALL REPLACEMENT 2,641,954.13 100300 ATLANTIC AVENUE STREET IMPROVEMENTS (TIP) 337,871.92 100138'Convention Center Capital Maintenance (TIP) 5,521,476.11 100146 Atlantic Park Entertainment Venue - PRIVATE USE(TIP) 1,411,893.86 100175 FIRE APPARATUS - PHASE IV 16,061,363.91 100181 Burton Station Fire Station 494,349.07 100192 GENERAL BOOTH-CAMP PENDLETON INTERS IMPR 236,062.36 100199 Greenwich Rd. Crossover 1,101,857.89 100233 LANDFILL#2 - PHASE I CAPPING 2,664,339.82 100262 Lynnhaven Parkway Corridor 485,919.70 100268 MAJOR BRIDGE REHABILITATION - PHASE II 2,894,725.67 100334 Replacement for Rudee Inlet Dredge 2,161,426.77 100355 SANDBRIDGE ROAD BRIDGE REPLACMENT 4,11 1,053.39 100393 SPORTSPLEX-NATL TRNG CTR REN & REPLACE- Private Use 10,653,451.84 100399 STRATEGIC GROWTH AREA PROGRAM 11,004,605.26 100424 TRAFFIC SAFETY IMPROVEMENTS - PHASE III 3,231,730.39 100425 TRAFFIC SIGNAL REHAB- PHASE II 2,149,784.31 100459 VIBE District 2,431,918.02 100466 Virginia Beach Sports Center(TIP) 13,462,700.67 100575 31 ST STREET STAGE CANOPY 33,857.80 100629 Sports Tourism Infrastructure - Private Use(TIP) 12,189,956.55 601027 RENOVATIONS AND REPLACEMENT— SAFE SCHOOLS IMPROV. 530,331.00 601015 Princess Anne High School Replacement 2,805,971.00 $ 120,402,481.86 B-3 EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PUBLIC FACILITY REVENUE BOND ADMINISTRATIVE FEE SCHEDULE Administration Due Date Fee 12/1/15 $35,000.00 12/1/16 $35,000.00 12/1/17 $34,205.00 12/1/18 $29,222.50 12/1/19 $23,970.00 12/1/20 $18,430.00 12/l/21 $12,597.50 12/1/22 $6,455.00 12/1/23 $0.00 The administrative fee schedule set forth above effective as of June 25, 2015 supersedes all prior payment arrangements for the payment of administrative fees by the City of Virginia Beach to the Virginia Beach Development Authority in connection with the issuance of public facility revenue bonds by the Authority for the benefit of the City. The administrative fee schedule applies to all currently outstanding public facility revenue bonds and all public facility revenue bonds to be issued in the future. C-1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a Moratorium on the Issuance of Permits Related to Any New Data Center for Twelve Months from the Adoption of this Resolution or Until Such Time as City Council Takes Final Action on an Ordinance Regulating Data Centers, Whichever Occurs First MEETING DATE: August 18, 2026 ■ Background: On April 8, 2026, the Planning Commission was given a briefing on data centers, which generated discussion among Commissioners regarding the current regulatory framework. The Planning Commission recommended City Council also receive a briefing on the use. On June 2, 2026, the Departments of Information Technology and Planning and Community Development provided a briefing on data centers and current land use regulations to City Council. As this use is not specifically identified in the City's Zoning Ordinance, data centers are considered "Wholesaling, warehousing, storage, or distribution establishments," which are permitted by right within the City of Virginia Beach, solely in the Industrial Districts. Following those discussions, City Council directed staff to bring forward an amendment to the Zoning Ordinance banning all large data centers. ■ Considerations: While there is an abundance of information about data centers, there are no established industry standards or best practices, such as standard definitions of data center types, suggested setbacks, buffering, or noise thresholds. Additionally, data centers are not required to provide reports on their energy or water usage. Specific information about cooling systems used in data centers is often considered proprietary information and not available to the public. Research on the long-term environmental and infrastructure impacts of this use is minimal. City Council expressed their desire to ban large-scale data centers, however, without industry standards, finding the correct threshold of what would be permitted vs. banned has proven to be a challenge. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Department of Planning and Community Development City Manager: PN 1 A RESOLUTION ESTABLISHING A MORATORIUM ON 2 THE ISSUANCE OF PERMITS RELATED TO ANY NEW 3 DATA CENTER FOR TWELVE MONTHS FROM THE 4 ADOPTION OF THIS RESOLUTION OR UNTIL SUCH TIME 5 AS CITY COUNCIL TAKES FINAL ACTION ON AN 6 ORDINANCE REGULATING DATA CENTERS, 7 WHICHEVER OCCURS FIRST 8 9 WHEREAS, on April 8, 2026, the Planning Commission was given a briefing on 10 data centers, which generated discussion among Commissioners regarding the current 11 regulatory framework and a recommendation that City Council also receive a briefing on 12 the use; 13 14 WHEREAS, on June 2, 2026, the Departments of Information Technology and 15 Planning and Community Development provided a briefing on data centers and current 16 land use regulations to City Council; 17 18 WHEREAS, this use is not specifically identified in the City's Zoning Ordinance, 19 data centers are considered "[w]holesaling, warehousing, storage, or distribution 20 establishments", which are permitted by right within the City of Virginia Beach, solely in 21 the Industrial Districts; 22 23 WHEREAS, City Council directed staff to bring forward an amendment to the 24 Zoning Ordinance banning all large data centers; 25 26 WHEREAS, since that time, staff has reached out to industry professionals and 27 reviewed existing data center ordinances and regulations revealing that although there is 28 an abundance of information about data centers, there are no established industry 29 standards or best practices; 30 31 WHEREAS, establishing a moratorium on the issuance of permits related to any 32 new data centers while research and stakeholder engagement continues, will provide the 33 time necessary to craft a Data Center Ordinance that promotes the health, safety, and 34 welfare of the citizens of the City; 35 36 WHEREAS, a moratorium on the issuance of permits related to any new data 37 center while land use impacts the use are fully vetted is consistent with good zoning 38 practice, 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA- 42 43 That there is moratorium on the issuance of permits related to any new data center, 44 as a primary use, which shall remain in place for twelve (12) months from the date of this 45 resolution or until such time as City Council takes final action on an ordinance regulating 46 data centers, whichever occurs first. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department Ci y Attorney's Office CA17291 R-1 August 6, 2026 2 4 N1A may` 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a 5' City-owned drainage and utility easement, located along the sides and rear of 700 Greensboro Avenue. MEETING DATE: August 18, 2026 ■ Background: Alexander R. Oliver and Sabra D. Oliver (collectively, the "Applicant"), request permission to construct and maintain a vinyl bulkhead and return walls, and maintain an existing timber bulkhead (collectively, the "Temporary Encroachment"), into a City-owned drainage and utility easement, located along the sides and rear of 700 Greensboro Avenue (GPIN: 2427-01-4893). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned easement, which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate ] City Manager: �/ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A 5' CITY-OWNED DRAINAGE 6 AND UTILITY EASEMENT, LOCATED 7 ALONG THE SIDES AND REAR OF 8 700 GREENSBORO AVENUE 9 10 WHEREAS, Alexander R. Oliver and Sabra D. Oliver (collectively, the 11 "Applicant"), request permission to construct and maintain a 62.7' vinyl bulkhead, a 5' 12 return wall, and a 6' return wall, and to maintain an existing timber bulkhead (collectively, 13 the "Temporary Encroachment"), into a 5' City-owned drainage and utility easement, 14 located along the sides and the rear of 700 Greensboro Avenue (GPIN: 2427-01-4893); 15 and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, their heirs, 26 assigns and successors in title are authorized to maintain the Temporary Encroachment 27 within the City-owned property as shown on the exhibit entitled: "EXHIBIT A 28 ENCROACHMENT REQUEST FOR RETURN WALLS AND TIMBER AND VINYL 29 BULKHEADS LOCATED IN 5' PUBLIC UTILITY & DRAINAGE EASEMENT ON LOT A, 30 BLOCK 42 SHADOWLAWN HEIGHTS (MB 131, PG 50)," Scale: 1" = 25', dated October 31 27, 2025, and revised thru March 24, 2026, prepared by Marine Engineering LLC, a copy of 32 which is attached hereto as Exhibit A and is on file in the Department of Public Works and 33 to which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 36 subject to those terms, conditions and criteria contained in the agreement between the City 37 of Virginia Beach and the Applicant (the "Agreement"), a copy of which has been presented 38 to the Council in its agenda, and will be recorded among the records of the Clerk's Office of 39 the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Applicant and the City Manager or his authorized designee execute the 46 Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PU611-11t, WORKf/ REAL ESTATE LUCIA G. WHITLOW ASSOCIATE CITY ATTORNEY CA17031 THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. SHADOW LAWN HGTS LOT X BLK 43 SHADOW LAWN HGTS LOT A-1 BLK 43 SHADOW LAWN HGTS N/F EMERY A& ALYSE M CHICKEY N/F STEPHEN BECKWITH 2OFT X 50FT GREENSBORO GPIN#2427013964 GPIN#2427014934 AVE CLOSED INSTR#20150914000896030 20160603000474130 N/F LINDA FORE HINNANT MB 207 PG 16 MB 207 PG 13 GPIN#2 27015922 50') PROPOSED 62.7'LONG Mgt pG)4 CPSP�PN PVE l RIPRAP R BBLE (214'O.A.A-F)VINYL MHW 'DB 2897 PG 22 MBi PG 14 a cn NOT PART F THIS ENCROAC MENT BULKHEAD \ p�o n a 5'PUBLIC UTILITY& D INAGE EAS€MEN� M6b1 PG 50 a3°p000'E G) o Z — — 130.00 N LAKE RUDEE\` N 6 r B MB 7 1PGG4 50 01 \ � Zo <n SW PIPE OUTFA L .3' �3.2' \ . 2 t MHW AT EXISTING TIMBER BULKHEAD TO REMAIN M W m ------EXCEPT FOR REPLACEMENT NEAR PTA ` D Z co r�� O o o S gT°34'26"W I o Z N o rn SHADOW LAWN HGTS LOT A BLK 42 N o o o PROPOSED 5'LONG > m Z J RETURN WALL ALE NDER R&SABRA D OLIVER o �rn m Z IPF (6'O.A.) PIN 2427014893 cn � Z O N PRIVATE ING ESS INSTR 20190418000304130 o Z EGRESS EASEMENT VE o MB 131 PG 50 6,` Z MB 131 PG 50 10 CIS, ENA P z °O\`\o 405 00 m / Z cp THIS EXHIBIT IS A RESULT OF FIELD �'w 7-0 o MLW TIES TO EXISTING MONUMENTS o z-m #700 N � �. COMBINED WITH THE v' 0 4° COMPILATION OF DEEDS AND ,m= PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY o � SURVEY. G 03 PROPOSED 6'LONG �N1,TH OF y mo RETURN WALL G IPF o� � \`, _ _- Sa3°00,p0„wK29`O�X,1gLK29 U DAVID KLMZIK NGSS 8` O S� N�SIF Rwy PN MPSw1NN SHjGR# 06 160 W Lie, No.034674 42 SHADOW\-P1PPM VERS 8K NPlR 3/24/2026 015 OK IF �C5T ISGP CO #240 0p0a1 4250 & N� 0' 10' 25' ONAL SHADOW NEWK\V 02 GPIN5�3260 F# G 365 PG14 Da PG 1451 22M8T DB360 SCALE: 1"= 25' APPLICATION FOR EXHIBITA PREPARED BY: ENCROACHMENT BY: MARINE ENGINEERING LLC ALEXANDER & SABRA OLIVER ENCROACHMENT REQUEST FOR RETURN 1932 CHARLA LEE LN GPIN 2427014893 WALLS AND TIMBER AND VIRGINIA BEACH, VA 23455 INSTR# 20190418000304130 VINYL BULKHEADS LOCATED IN 5' 757 477-4787 700 GREENSBORO AVE PUBLIC UTILITY & DRAINAGE EASEMENT SHEET 1 OF 1 VIRGINIA BEACH, VA 23451 ON LOT A, BLOCK 42 SHAWDOWLAWN DATE: OCTOBER 27, 2025 HEIGHTS (MB 131, PG 50) REVISION 2: MARCH 24, 2026 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this J� day of Jk a 2026, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ALEXANDER R. OLIVER and SABRA D. OLIVER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot A as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 2, 4, 6, AND 8, BLOCK 42 SHADOW LAWN HEIGHTS (MB 7, P 14) (SHEET 3) AND A PORTION OF CYPRESS AVENUE (FORMERLY CASPIAN AVENUE) AND GREENSBORO AVENUE (DB 827, P 399) (DB 1094, P 447) (DB 1838, P 432) VIRGINIA BEACH BOROUGH-VIRGINIA BEACH, VIRGINIA," which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map book 131, page 50, and being further designated, known, and described as 700 Greensboro Avenue, Virginia Beach, Virginia 23451, WHEREAS, it is proposed by the Grantee to construct and maintain a 62.7' vinyl bulkhead, 5' return wall, and 6' return wall and to maintain an existing timber bulkhead (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment GPIN: 5' DRAINAGE & UTILITY EASEMENT (NO GPIN ASSIGNED) 2427-01-4893 (700 GREENSBORO AVENUE) it is necessary that the Grantee encroach into City-owned easement known as 5' public drainage and utility easement, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR RETURN WALLS AND TIMBER AND VINYL BULKHEADS LOCATED IN 5' PUBLIC UTILITY & DRAINAGE EASEMENT ON LOT A, BLOCK 42 SHADOWLAWN HEIGHTS (MB 131, PG 50)," Scale: 1" _ 25', dated October 27, 2025 and revised thru March 24, 2026, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee, and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Alexander R. Oliver and Sabra D. Oliver, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name 4 and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK". 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Notary Commission Expires: (SEAL) ATTEST.- City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Notary Commission Expires: 6 �,) _ zo%, ALEXANDER R. OLIVER SABRA D. OLIVER STATE OF CITY/COUNTY OF�_ �9�\� 6 to-wit: The foregoing instrument was acknowledged before me this day of V� 20%1 by Alexander R. Oliver and bra D. Oliver. ( AL) Notary Public My Notary Registration Number: 'I My Notary Commission Expires: ` DANA Y.PETERMAN NOTARY PUBLIC REG.97884791 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 05/310a ----------------- APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS - REAL ESTATE LUCIA G. WHITLOW ASSOCIATE CITY ATTORNEY r b i� yq ar♦ ilk [♦ •{••{ ■••t ..�,_CJ+++. o ' a.ax Mt 4 1 suei�i l ems.,:"` • - � _ �. b>l l `._ire w now s ga40 s e N } - yq tl 1 T o n�e�► _ �" �� it �0 f v r t A a„ Y y wsi a rt { t aY , t ■1/ t ler rr. Yr�1`r 11 II��,rr�•r��• �.. � _..-- � � .- .. .. T� �.e'�Y�I ii.��Y�Y rr•1,I rr�i,I tII,t1 IItlltrr�•; , i Y e f M ^A w '; 9y e l c . .s I. W , p F. 4 - ` r e, ri ,4 r r K�e � �» t ; ' I - •. ...Y . M ,nyi ""E t °i •....... Y k N.Y.f... r Mm ............. ....�&35........... —awnr iu u... �� ri.....• iti H. -f Y"� Y iiIta I +" €, ra zz Iwo j- �y •15*..ay ■■ ,Y i PI a ,n *� soma 6E •«w , .i Y x Y J +�y i� rrT AV CRO 5',DRAINAGE AND UTILITY EASEMENTA INGRESS/EGRESS EASEMENT FOR LOT A Kt t a LOCATION MAP Legend ENCROACHMENT REQUEST PROPERTY OWNER: ALEXANDER R. OLIVER & SABRA D. OLIVER GPIN: 2427-01-4893 2427-01-4893 0 50 100 City Property „ \ '. _ `` l I I Feet 22ND 2�Sl a .SSiS� tr y 264• n CN �tR�iNtA�E�VD �O N0RF0LK-A y Z AV �z SITE p O cs v cU 1t t N .. 5'DRAINAGE AND \t UTILITY FASEMEI1T INGRESS/EGRESS 1 EASEMENT FOR 1 1 LOT A' ` 1 1 t 1 1 LOCATION MAP Legend ENCROACHMENT REQUEST PROPERTY OWNER: ALEXANDER R. OLIVER & SABRA D. OLIVER GPI N: 2427-01-4893 2427-01-4893 "�'" ' 0 50 100 City Property I Feet E VB • •VIRGINIA Statement I i t i The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT i ' APPLICANT INFORMATION Applicant Name: as listed on application ALEXANDER OLIVER Is Applicant also the Owner of the subject property? YesO No0 If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO No0 if yes, name Representative: David Kledzik Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesONot�) If yes,list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No Q9 If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia i3each have an interest in the subject land or any proposed development contingent on the subject public action? Yes© No� If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage, deeds of trust, 0 Carrington Mortgage Services cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION APPLICANT SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Marine Engineering LLC c/o David Kledzik Legal Services 0 APPLICANT CERTIFICATION READ.,1 certify that all information contained in this Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior- to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or-committee in connection with this application. Alexander Oliver � 06/30/2026 Applicant Name (Print) Applicant Signature Date 2 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percetrt of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code §2.2-3.101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person orsubstontiolly 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. Cade § 2.2-3101. FOR CITY USE ONLY: No changes as of (date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Use of $75,000 from the Sandbridge Special Service Fund for the Creation of a Mural on the Sandbridge Water Tower MEETING DATE: August 18, 2026 ■ Background The Sandbridge Special Service District (SSD) was created by the City Council in November 1994 to create a consistent funding source for the management, replenishment, and restoration of the Sandbridge Beach. The ordinance established that the district shall fund the maintenance of the beach itself, as well as "services required to provide beautification, access, and upkeep of the beach." The Sandbridge SSD is funded solely by revenues collected within the boundaries of the district. SSD revenues consist of (1) additional taxes levied within the district ("the SSD Taxes"), pursuant to an SSD Ordinance adopted by the City Council and authorized by a specific Virginia statute and (2) dedications of a portion of otherwise existing revenue streams ("the Dedications"). The SSD Taxes include an additional 1 cent real estate tax levy on real property within the district and an additional 1.5 percent transient occupancy tax charged on transactions within the district. The SSD Taxes are limited in their use by the relevant state enabling authority and local ordinance. For example, the additional transient occupancy tax can only be used for beach and shoreline management and restoration. The Dedications include 5% of the 8% transient occupancy taxes levied citywide and $1 of the $2 per night transient occupancy tax charged City wide. The City Council has broader discretion to amend these revenue dedications and the purposes for which those dedicated revenues may be used. In March 2026, the Sandbridge Civic League, an organization of residents and property owners within Sandbridge, requested funding for the creation of a mural on the Sandbridge water tower to "create a highly visible gateway feature for residents and visitors." The Sandbridge Civic League's request stated that this year is an ideal time to paint the mural due to the completion of improvements along the Sandbridge corridor and the water tower being recently repainted. A freshly repainted surface requires less preparation for a mural, meaning the project may be cheaper now rather than later. If approved, the Department of Public Utilities would be responsible for coordinating the creation of the mural. In order to maintain the warranty on the water tower's coating, Public Utilities would utilize the same contractor that painted the tower previously. ■ Considerations: The capital projects for the next two replenishments of Sandbridge Beach are fully funded, so this request would not impact core operations of the SSD. If approved, the mural would not be a one-time expense. As part of regular maintenance, the water tank is required to be recoated every 15 years. Any mural would have to be maintained as part of this process, which would require a regular funding source to be identified in future budget processes. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Letter of Request Requested by the Mayor and Councilmember Henley REQUESTED BY THE MAYOR AND COUNCILMEMBER HENLEY 1 AN ORDINANCE TO AUTHORIZE THE USE OF 2 $75,000 FROM THE SANDBRIDGE SPECIAL 3 SERVICE FUND FOR THE CREATION OF A MURAL 4 ON THE SANDBRIDGE WATER TOWER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $75,000 from the Sandbridge Special Service District Fund is hereby authorized 10 to be used for the creation of a mural on the Sandbridge water tower. The revenue 11 supporting this authorization shall come from the dedication of 5% transient occupancy 12 tax occurring within the Sandbridge Special Service District. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA17288 R-1 August 4, 2026 Elaine Fekete President, Sandbridge Beach Civic League presidentsbcl@gmail.com 757-435-6965 March 15, 2026 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, VA 23456 Subject: Funding Request for Sandbridge Water Tower Welcome Mural Dear Honorable Members of the Virginia Beach City Council, I hope this message finds you well. I am writing on behalf of the Sandbridge Beach Civic League to formally request funding support for a mural project on the Sandbridge water tower located at the entrance to our community. We hope to begin this project during the upcoming fiscal year while the tower remains freshly prepared following the City's recent maintenance, cleaning, and painting work. Sandbridge Beach has become one of Virginia Beach's most significant coastal tourism destinations. Each year, tens of thousands of visitors travel to Sandbridge, with the area hosting a large concentration of the City's short-term vacation rental homes and welcoming families from across the United States and beyond. Sandbridge plays an important role in Virginia Beach's broader tourism economy, serving as a premier family vacation destination that complements the Oceanfront while expanding the City's visitor base. These visitors contribute substantially to the City's economy through lodging taxes, meals taxes, retail purchases, and recreational spending. In addition, Sandbridge properties generate significant real estate tax revenue for the City. When tourism-related tax revenues are combined with the real estate taxes generated by Sandbridge homes, the community contributes well over$200 million annually to the City of Virginia Beach. As the primary gateway into the Sandbridge community, the water tower is one of the first landmarks visitors see when arriving via Sandbridge Road. The recent completion of the Nimmo Parkway Phase VII-A Extension has significantly enhanced access and improved the overall entrance corridor leading toward Sandbridge—an investment the community has long anticipated. With these transportation improvements now in place, this is an excellent opportunity to complement that progress with a distinctive visual landmark that reflects the natural beauty and coastal heritage of the area. A professionally designed mural on the Sandbridge water tower would create a welcoming feature for residents and visitors alike while highlighting the unique coastal character and community identity of Sandbridge Beach. Together, these improvements would create a more welcoming and recognizable gateway into one of Virginia Beach's most visited coastal communities. The proposed funding would be used for the design, artist selection, and professional installation of a large-scale public mural on the water tower. Because the City recently completed maintenance and repainting of the tower, this is an ideal and cost-efficient time to add a mural, maximizing the value of that recent infrastructure investment and transforming a functional structure into a civic landmark and piece of public art. Requested Amount: $75,000 Project Duration: Design and planning during FY2026 with installation following approval and artist selection Expected Outcomes: • Creation of a distinctive gateway landmark welcoming visitors and residents to Sandbridge Beach • Enhancement of the visitor experience for the thousands of families who vacation in Sandbridge each year • Strengthening of community pride and neighborhood identity for one of Virginia Beach's most unique coastal communities The Sandbridge Beach Civic League is committed to responsible stewardship of public funds. Should the total project cost come in below the requested amount, any unused funds will be returned to the City. The Sandbridge Beach Civic League believes this project aligns closely with the City's strategic priorities of supporting tourism, enhancing public spaces, and investing in placemaking that reflects the distinct character of Virginia Beach neighborhoods. Given the substantial annual tax revenue generated by the Sandbridge community, this modest investment would provide a highly visible and lasting enhancement to one of Virginia Beach's most recognized coastal destinations. We respectfully request your consideration and support for this funding proposal. The Sandbridge Beach Civic League would welcome the opportunity to partner with the City in bringing this project to life and helping create a landmark that reflects the pride, economic vitality, and coastal heritage of the Sandbridge community. I would be happy to provide additional information or discuss this project further with Council or City staff. Thank you for your time and continued commitment to the residents and communities of Virginia Beach. Sincerely, Elaine Fekete President Sandbridge Beach Civic League Nu e h 0 ®-r 4 p`� �a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Department of Justice to the FY 2026-27 Police Department Operating Budget MEETING DATE: August 18, 2026 ■ Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Formula Solicitation is a grant from the United States Department of Justice (DOJ) that is used to assist with law enforcement and criminal justice programs. The Byrne JAG Local Formula Solicitation Program supports a broad range of activities to prevent and control crime based on local needs and conditions. The policy of the City is for a Community Criminal Justice Board, comprised of City representatives from Police, the Sheriff, the Courts, and Community Corrections and Pre-Trial Services, to agree upon the best use of these funds prior to the City's application to the DOJ. This board convened in October 2024 to consider spending proposals and determine distribution of funds anticipated to be received from the federal Fiscal Year 2027 version of this grant. The grant period is from October 1, 2024 through September 30, 2028. ■ Considerations: The total award for this grant is $55,515. No local match is required. The Virginia Beach Community Criminal Justice Board recommends that the funds be used as follows: • $38,200 to the Police Department for the purchase a narcotics tester; and • $17,315 to the Police Department to acquire an equine. ■ Public Information: Normal Council Agenda process. This grant requires a public comment opportunity, which will occur at the August 18, 2026 Formal Session. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: i:�Ao 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE DEPARTMENT OF JUSTICE TO THE FY 2026- 3 27 POLICE DEPARTMENT OPERATING BUDGET 4 5 WHEREAS, the City Council provided an opportunity for public comment upon the 6 foregoing uses of federal funds at the August 18, 2026, Formal Session; 7 8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1. $55,515 is hereby accepted from the Department of Justice Edward Bryne 12 justice Assistance Grant and appropriated, with federal revenue increased accordingly, 13 to the FY 2026-27 Police Department to purchase a narcotics tester and an equine. 14 15 2. The Mayor, in his capacity as chief elected official of the City of Virginia Beach, 16 is hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary 17 agreements, certifications, and assurances as instructed and required by the United 18 States Department of Justice. 19 20 3. The replacement of the above items purchased with these grant funds is 21 conditioned upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ) 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: rx� Budget and Management Services orn s Office CA17290 R-1 August 5, 2026 J. PLANNING 1. ALLISON H. SITAR &ANTHONY J. SITAR for a Street Closure re 7.5' x 50' portion of an unnamed, unimproved 15' lane and the eastern 25' x 125' unimproved portion of Holly Road along the rear of and adjacent to 252 Bay Colony Drive DISTRICT 6 RECOMMENDATION: APPROVAL 2. 33�d STREET, LLC for a Street Closure re approximately 3,680 square feet improved portion of 33rd 2 Street adjacent to 3300 & 3330 Pacific Avenue and 305 33rd Street DISTRICT 6 RECOMMENDATION: APPROVAL 3• 33�d STREET, LLC for a Modification of Conditions to a Special Exception for Alternative Compliance re construct an 85' senior living facility at 3300 & 3330 Pacific Avenue, 305 33rd Street, property east of 3300 Pacific Avenue, property west of 305 33rd Street DISTRICT 6 RECOMMENDATION: APPROVAL 4. 232 JERSEY AVE., LLC for a Conditional Use Permit re bulk storage yard at 233 & 241 Pennsylvania Avenue DISTRICT 4 RECOMMENDATION: APPROVAL 5. CITYVIEW TWO, LLC for Conditional Use Permit re mini-warehouse at a parcel directly north of 20 Constitution Drive DISTRICT 4 RECOMMENDATION: APPROVAL 6. 1036 FP ROAD LLC for Conditional Use Permits re mini-warehouse and bulk storage yard at 1036 Ferry Plantation Road DISTRICT 9 RECOMMENDATION: APPROVAL 7. Ordinance to AMEND City Zoning Ordinance (CZO) Sections 2100 & 2102 and ADD Section 2107 re Workforce Housing RECOMMENDATION: APPROVAL T NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,August 18,2026 at 6:00 p.m.in the Council Chamber at City Hall, Building 1,2^d Floor at 2401 Courthouse Drive, Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV,and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below. All interested parties are Invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m.on August 18,2026. 2. Download WebEx and view the meeting at: https://vbgov.webex.com/weblink/register/rf8ef42e4l9 537c90212fd870dff0 The following requests are scheduled to be heard: Allison H.Sitar&Anthony J.Sitar Street Closure Adjacent Address: 252 Bay Colony Drive Adjacent GPIN:2418871755 City Council: District 6(Remick) 33rd Street L.L.C.Street Closure Address: Portion of 33rd Y2 Street,west of Pacific Avenue Adjacent GPINs:2428020963, 2418929868,2428020835,2418939083,2418928882 City Council:District 6(Remick) 33rd Street L.L.C.(Applicant&Owner)Modification of Conditions Addresses: 3300 & 3330 Pacific Avenue, 305 33rd Street, Property east of 3300 Pacific Avenue,Property west of 305 33rd Street GPINs: 2428020963, 2418929868, 2428020835, 2418939083,2418928882 City Council:District 6(Remick) 232 Jersey Ave.,LLC(Applicant&Owner)Conditional Use Permit (Bulk Storage Yard)Address:233&241 Pennsylvania Avenue GPINs:1467859161,1467859063 City Council:District 4(Ross- Hammond) CityView Two,L.L.C.(Applicant&Owner)Conditional Use Permit (Mini-warehouse)Address:Parcel directly north of 20 Constitution Drive GPIN:1477730250 City Council: District 4 (Ross- Hammond) 1036 FP Road LLC(Applicant&Owner)Conditional Use Permits (Mini-warehouse & Bulk Storage Yard) Address: 1036 Ferry Plantation Road GPIN: 1478450391 City Council: District 9 (Schulman) Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center, Building 3, Virginia Beach, VA 23456 or online at https://virginiabeach.gov/pc. For information call 757-385- 4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303. Ifyou are hearing Impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, https:Hvirginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city- council for the most updated meeting Information. All interested parties are Invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 4,2026&AUGUST 11,2026-1 TIME EACH NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,August 18,2026 at 6:00 p.m.in the Council Chamber at City Hall,Building 1,2^1 Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on httPs:Hvirginiabeach.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 August 18,2026. 2. Download WebEx and view the meeting at: https:llvbgov.webex.com/weblink/registe r/rf8ef42e4l9537c9O2l2fd87OdffO5ee a The following requests are scheduled to be heard: CITY OF VIRGINIA BEACH -AN ORDINANCE TO AMEND SECTIONS 2100 AND 2102 AND TO ADD SECTION 2107 TO THE CITY ZONING ORDINANCE PERTAINING TO WORKFORCE HOUSING Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center,Building 3,Virginia Beach,VA 23456 or online at https://virginiabeach.gov/pc. For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,https://virginiabeach.gov and Facebook Live. Please check our website at Apr//clerk.virg*nFabeach.goy/city-council for the most updated meeting Information. All Interested parties are Invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 9,2026&AUGUST 11,2026- 1 TIME EACH NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,August 18,2026 at 6:00 p.m.in the Council Chamber at City Hall, Building 1,2^d 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 duringthe 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 August 18,2026. 2. Download WebEx and view the meeting at: hips.//vbgov.webex.com/weblink/register/rt8ef42e479 537c90212fd870dff05ee3 The following requests are scheduled to be heard: Allison H.Sitar&Anthony J.Sitar Street Closure Adjacent Address: 252 Bay Colony Drive Adjacent GPIN:2418871755 City Council: District 6(Remick) 33rd Street L.L.C.Street Closure Address: Portion of 33rd'h Street,west of Pacific Avenue Adjacent GPINs:2428020963, 2418929868,2428020835,2418939083,2418928882 City Council:District 6(Remick) 33rd Street L.L.C.(Applicant&Owner)Modification of Conditions Addresses: 3300 & 3330 Pacific Avenue, 305 33rd Street, Property east of 3300 Pacific Avenue,Property west of 305 33rd Street GPINs: 2428020963, 2418929868, 2428020835, 2418939083,2418928882 City Council:District 6(Remick) 232 Jersey Ave.,LLC(Applicant&Owner)Conditional Use Permit (Bulk Storage Yard)Address:233&241 Pennsylvania Avenue GPINs:1467859161,1467859063 City Council:District4(Ross- Hammond) CltyView Two,L.L.C.(Applicant&Owner)Conditional Use Permit (Mini-warehouse)Address:Parcel directly north of 20 Constitution Drive GPIN:1477730250 City Council: District 4 (Ross- Hammond) 1036 FP Road LLC(Applicant&Owner)Conditional Use Permits (Mini-warehouse & Bulk Storage Yard) Address: 1036 Ferry Plantation Road GPIN: 1478450391 City Council: District 9 (Schulman) CITY OFVIRGINIA BEACH-AN ORDINANCE TO AMEND SECTIONS 2100 AND 2102 AND TO ADD SECTION 2107 TO THE CITY ZONING ORDINANCE PERTAINING TO WORKFORCE HOUSING Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center, Building 3, Virginia Beach, VA 23456 or online at https://virginiabeach.gov/pc. For information call 757-385- 4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable IV, https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city- council for the most updated meeting Information. All Interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 4,2026&AUGUST 11,2026-1 TIME EACH m nlAl c chi. az' jtl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Allison H. Sitar and Anthony J. Sitar for the Closure of a Portion of an Unnamed, Unimproved 15' Lane and an Unimproved Portion of Holly Road adjacent to 252 Bay Colony Drive MEETING DATE: August 18, 2026 ■ Background: Allison H. Sitar and Anthony J. Sitar (the "Applicant"), requested the closure of the 7.5' x 50' portion of an unnamed, unimproved 15-foot lane and the eastern 25' x 125' portion of unimproved Holly Road (collectively, the "Right-of-Way"), located along the rear of and adjacent to 252 Bay Colony Drive (GPIN 248-87-1755), for the purpose of incorporating the closed area into their adjoining property. ■ Considerations: The street closure request is consistent with the City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners. On August 20, 2024, a similar request was approved for the western 25' of Holly Rd and the 7.5' portion of the lane adjacent to 300 Bay Colony Drive, directly west of the subject site. The Viewers determined that the closure of the Right-of-Way, with the conditions set forth below, will not result in a public inconvenience. There was a speaker in opposition present at the public hearing citing concerns with the potential impacts to wildlife and a potential beach access. Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach of a public utility and Allison H. Sitar&Anthony J. Sitar Page 2 of 2 access easement over approximately the western 12.5'of the closed portion Holly Road, over the closed portion of the lane, and over the rear 12.5' of the applicant's lot for access to and maintenance of the public infrastructure located within or to be located within the alley, which easement is subject to approval of the Department of Public Utilities and City Attorney's Office, respectively, and which easement shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors and assigns, shall verify that no private utilities exist within the Right-of-Way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and access easement to be dedicated to the City of Virginia Beach as set forth in Condition 2, the applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and access easement. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the Right-of-Way this approval shall be considered null and void. ■ Attachments: Ordinance Staff Report and Disclosure Statement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:-OYO 1 ORDINANCE APPROVING APPLICATION OF 2 ALLISON H. SITAR AND ANTHONY J. SITAR FOR 3 THE CLOSURE OF A PORTION OF AN UNNAMED, 4 UNIMPROVED 15' LANE AND AN UNIMPROVED 5 PORTION OF HOLLY ROAD ADJACENT TO 252 6 BAY COLONY DRIVE 7 8 WHEREAS, Allison H. Sitar and Anthony J. Sitar (the "Applicant"), applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 unimproved rights-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved rights-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before two (2) years from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described unimproved portions of an unnamed, unimproved 15' 22 lane and an unimproved portion of Holly Road (collectively, the "Right-of-Way") be 23 discontinued, closed and vacated, subject to certain conditions being met on or before 24 two (2) years from City Council's adoption of this ordinance: 25 26 ALL THOSE certain pieces or parcels of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE (3,312 29 SQ. FT. OR 0.076 ACRES)" and "AREA OF PROPOSED LANE 30 CLOSURE (375 SQ. FT. OR 0.009 ACRES)", shown as the honey- 31 combed and the cross-hatched areas on that certain exhibit plat 32 entitled: "STREET CLOSURE EXHIBIT OF A 25' X 132.5' 33 PORTION OF HOLLY ROAD AND A 7.5' X 50' PORTION OF AN 34 UNNAMED 15' LANE ADJACENT TO LOT 126 THE HOLLIES 35 (M.B. 6, PG. 107) VIRGINIA BEACH, VIRGINIA", Scale: 1"=30', 36 dated June 26, 2026, prepared by WPL, a copy of which is 37 attached hereto as Exhibit A. 38 39 SECTION II 40 41 The following conditions must be met on or before two (2) years from City Council's 42 adoption of this ordinance: 43 44 NO GPIN (Right-of-Way) 45 Adjacent GPIN: 2418-87-1755 46 1. The City Attorney's Office shall make the final determination regarding 47 ownership of the underlying fee. The purchase price to be paid to the City shall be 48 determined according to the "Policy Regarding Purchase of City's Interest in Streets 49 Pursuant to Street Closures," approved by City Council. 50 51 2. The Applicant, or the Applicant's successors and assigns, shall 52 resubdivide the property and vacate internal lot lines to incorporate the closed area into 53 the adjoining lot. The resubdivision plat must be submitted and approved for recordation 54 prior to the final street closure approval. Said plat must include the dedication to the City 55 of Virginia Beach of a public utility and access easement over approximately the 56 western 12.5' of the closed portion Holly Road, over the closed portion of the lane, and 57 over the rear 12.5' of the applicant's lot for access to and maintenance of the public 58 infrastructure located within or to be located within the alley, which easement is subject 59 to approval of the Department of Public Utilities and City Attorney's Office, respectively, 60 and which easement shall include a right of reasonable ingress and egress. 61 62 3. The Applicant, or the Applicant's successors and assigns, shall verify that 63 no private utilities exist within the Right-of-Way proposed for closure. If private utilities 64 do exist, easements satisfactory to the utility company, must be provided and shall be 65 recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 66 67 4. Prior to the finalization of the street closure, if any improvements are to 68 remain or be constructed in the public utility and access easement to be dedicated to 69 the City of Virginia Beach as set forth in Condition 2, the applicant shall apply for an 70 encroachment agreement with the City for the improvements located or to be located in 71 the public utility and access easement. 72 73 5. Closure of the Right-of-Way shall be contingent upon compliance with the 74 above stated conditions within 730 days of approval by City Council. If the conditions 75 noted above are not accomplished and the final plat is not approved for recordation 76 within two years of the City Council vote to close the Right-of-Way this approval shall be 77 considered null and void. 78 79 SECTION III 80 81 1. If the preceding conditions are not fulfilled on or before August 17, 2028, 82 this Ordinance will be deemed null and void without further action by the City Council. 83 84 2. If all conditions are met on or before August 17, 2028, the date of final 85 closure is the date the street closure ordinance is recorded by the City Attorney. 86 87 3. In the event the City of Virginia Beach has any interest in the underlying 88 fee, the City Manager or his designee is authorized to execute whatever documents, if 89 any, that may be requested to convey such interest, provided said documents are 90 approved by the City Attorney's Office. 91 SECTION IV 92 93 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 94 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 95 VIRGINIA BEACH as "Grantor" and ALLISON H. SITAR AND ANTHONY J. SITAR, as 96 "Grantee." 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 98 of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: MA4,&jv✓ Planning Department City Attorney CA17152 August 3, 2026 EXHIBIT A NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. N/F I N/F i N/F MATTHEW WHITE & 1 JACK L SIEGEL & ! JOHN R SAVINO JR VALERIE WHITE USA A BERTINI & SANDRA S SAVINO (I.N. 202303013507) (I.N. 20030529000832140) LOT 147 LOT 149A LOT 148A (M.B. 6, PG. 107) (I.N, 20161110001021810) (I.N. 20161110001021810) (I.N. 20121107001294360) GPIN: 2418-87-0843 GPIN: 2418-87-1815 GPIN: 2418-87-1884 N 742530" E 75' (O.A.) 15P LANE --- 75.00' 25' Z��S0' (UNIMPROVED) (M.B. 6, PG 107) 7.5' 7.5' 3 ' �, i o AREA of N/F ! ^q PROPOSED LANE PAUL A. HOLLAND & L I CLOSURE BRENDA E. PARENT (375 SQ, f7 OR LOT 125 0.009 ACRES) (M.B. 6, PG. 107) Q (D.B. 3123, PG. 1389) N{ ;� GPIN: 2418-87-2706 LOT 126 N/F ALUSON H. SITAR & 4+ ANTHONY J. SITAR (IA. 202603026424) � �NLTH Op yr N/F i (M.B. 6, PG. 107) EMMET S. GATHRIGHT & Z GPIN: 2418-87-1755 MELISSA MCKENDRY (I.N. 202603030190) 'i AREA OFRIC ARNER►—+ LOT 127-At PROPOSED Lie. 2904 a (D.B. 3829, PG. 657) 0313112026 STREET CLOSURE GPIN: 2418-87-07 (3,312.5 SQ. f?. y VARIABLE WIDTH I OR 0.076 ACRES sURN PUBLIC UTILITY AND ACCESS EASEMENT (IN. 202507000147) I 25' 50' S 7425'.3O- W 75' (O.A.) 450' TO MYRTLE AVENUE BA Y COLONY DRIVE (70' R/W) (FORMERLY ERLPG. 107E AVENUE C) SCALE: i"=3a' STREET CLOSURE EXHIBIT SHEET i OF 2 OF JUNE 28, 2028 A 25' X 132.5' PORTION OF HOLLY ROAD AND A 7.5' X 50' PORTION OF AN UNNAMED 15' LANE or* ADJACENT TO LOT 126 Landscape Architecture THE HOLLIES Land Surveying 751-430-Q41 Civil Engineering wpl5ite;com (M.B. 6, PG. 1�}0�7) }�}�� 242 MUStANG IRAIE: SUITE 5 �G� BEACH iiR(�i111A VIRGINIA $EACH. YIRGINIA 23iS2 CADjchk: BKMfeaa I CITY OF VIRGMU BEACH, VA I I PLAT:H-691 JN:226-0061 NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY, N/F N/F N/F MATTHEW WHITE & ! JACK L SIEGEL & I JOHN R SAVINO JR VALERIE WHITE USA A BERTINI & SANDRA S SAVINO (I.N. 202303013507) (I.N. 20030529000832140) LOT 147 LOT 149A LOT 148A (M.B. 6, PG. 107) (I.N. 20161110001021810) (I.N. 20161110001021810) (I.N. 20121107001294360) GPIN: 2418-87-0843 GRIN: 2418-87-1815 GPIN: 2418-87-1884 N 7425'30" E 75' (O.A.) 151 LANE 75 00' (UNIMPROVED) (M.B. 6, PG. 107) 20.0'PUBUC PAUL A. HOLLAND & Q i Q M1C4rM m BRENDA E. PARENT Q\ I t1 Q ME MY OF I LOT 125 HRaW BEaCH (M.B. 6, PG. 107) �� 1♦ O Q `0 20' SETBACK I (D.B. 3123, PG, 1389) h GPIN: 2418-87-2706 N `r I LET 1261 so� � iZt o � N/F NLTHop� ALLISON H. SITAR & t0 1 N ANTHONY J. SITAR Q G' (I.N. 202603026424) I N/F (M.B. 6, PG. 107) TM RIC ARNER►-� EMMET S. GATHRIGHT & J Z GPIN: 2418-87-1755 I Lie. 2904 MELISSA MCKENDRY W BUILDING ( 0612612026 (I.N. 202603030190) O ( SETBACK (D.BL03829?PG, 657) IL. SETBACK LINE (TYP.) �llyd SUBN GPIN: 2418-87-0770 5' VARIABLE WIDTH 1 12.5'PUBLIC IJ71u7Y U SETBACK PUBLIC UTILITY AND 1 E4S&V17Vr O��7Fa Tl? 7HE CITY OF t'1 ACCESS EASEMENT 1 kIRcrNu BE4CH (IN. 202507000147) 1 50' S 74'25'30" W 75' (O.A.) 450' TO MYRTLE AVENUE�y BA Y COLONY ©RIVE (70' RlW) (FORMERLY AVENUE C) (M.B. 6, PG. 107) SCALE: 1"=30' STREET CLOSURE EASEMENT E E1[B SHEET 2 of 2 IT JUNE 26, 2028 OF A 25' X 132.5' PORTION OF HOLLY ROAD AND A 7.5' X 60' PORTION OF AN UNNAMED 15' LANE ADJACENT TO LOT 126 Landscope architecture THE HOLLIES Land Surveying 757-431-1k43 Civil Engineering wplsite.com (M.B. 6• PG}. 107) s i a ra o a#a N c t e a t r. s v t t a VIRGINIA BEACH, VIRGMA 'Jt1GlNla aEaC M. VIRG#Nia 23452 CAD/chic: BKIA/eag CITY OF VERGINIA BEACH, VA I I PLAT:H-691 I JN:226-0081 Agenda Applicant:Allison Anthony J. Sitar Planning CommissionPublic Hearing:July 8,2026 CouncilCity • (Remick) vs, Project Details Request Street Closure (7.S'x 50' portion of an unnamed, unimproved 15-foot-wide lane& 2S' x 125' portion of the unimproved Holly Road) Staff Recommendation Approval Staff Planner Alexis Bailey rEGa - Cnt - Adjacent Address 252 Bay Colony Drive ` Adjacent GPIN 24188717S5 Site Size 3,687 square feet AICUZ 65-70 dB DNL; Sub-Area 3BtN . Watershed Chesapeake Bay Existing Land Use and Zoning District Unimproved right-of-way ` : Surrounding Land Uses and Zoning Districts Single-family dwelling/R-7.5 Residential Bay Colony Drive Single-family dwellings/ R-7.5 Residential po+ � '" ` + a,ITN t-_Est Single-family dwelling/R-7.5 Residential West Single-family dwelling/R-7.5 Residential Allison H. Sitar& AnthonyJ. Sitar Agenda Item 8 page 1 of 11 Background & Summary of Proposal • The applicant is requesting to close a 7.5-foot-wide portion of an unnamed, unimproved 15-foot-wide lane and a 25-foot-wide portion of the unimproved Holly Road right-of-way adjacent to 252 Bay Colony Drive. The total area proposed for closure equates to approximately 3,687.50 square feet and the area will be incorporated into the applicant's adjacent property. • A similar request was approved by the City Council in 2024, for the other half of the unimproved Holly Road right-of-way and a 7.5-foot-wide portion of the unimproved lane adjacent to 300 Bay Colony Drive, directly west of the subject site. Zoning History # Request 1 STC Approved 08/20/2024 _ R..0 2 STC Approved 12/01/2015 3 3 STC Approved 12/01/2015 _ REZ Approved 08/22/2000 STC Approved 03/23/1999 f� 1 4 ti R40 SPY r -0N't Application Types CUP: Conditional Use Permit MOP:Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ:Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC. Modification of FVR:Floodplain Variance Conditions ALT Alternative Compliance Evaluation : Recommendation The request to close the 7.5-foot by 50-foot portion of an unnamed, unimproved 15-foot-wide alley and the 25-foot by 125-foot portion of the unimproved Holly Road right-of-way adjacent to 252 Bay Colony Drive is, in Staff's opinion,acceptable. Allison H. Sitar & Anthony J. Sitar Agenda Item 8 page 2 of 11 As required by City Code, a Viewers' Meeting was held on May 6, 2026, that included City Staff from the Departments of Public Works, Public Utilities, Planning & Community Development, and the Office of the City Attorney, to consider the request.The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable, subject to the conditions set forth below. Due to the existing public gravity sanitary sewer main located within the 15-foot-wide alley, a public utility and access easement will need to be retained over a portion of closure area and over a portion of the applicant's property, as noted in Condition 2. Although there are no public utilities directly present in the portion of Holly Road proposed for closure, the easement is necessary over this area for access to and workspace for the sewer main in the lane. The Applicant is agreeable to this condition. The applicant intends to rebuild a home and has offered additional public easement at the rear of the site, closest to the sewer main, and an easement over a portion of the closure area in Holly Road for access to the utility. Condition 4 has also been added to indicate that no encroachment of private property should be made into the public utility and access easement without City approval. Based on the consideration above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach of a public utility and access easement over approximately the western 12.5' of the closed portion Holly Road, over the closed portion of the lane, and over the rear 12.5' of the applicant's lot for access to and maintenance of the public infrastructure located within or to be located within the alley, which easement is subject to approval of the Department of Public Utilities and City Attorney's Office, respectively, and which easement shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors and assigns, shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court, 4. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and access easement to be dedicated to the City of Virginia Beach as set forth in Condition 2, the applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility easement. Allison H. Sitar&Anthony J. Sitar Agenda Item 8 page 3 of 11 S. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Natural & Cultural Resources Impacts The site is located in the Chesapeake Say watershed. There are no known historic or cultural resources that will be affected by this project. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 24, 2026 and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on July 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 4, 2026 and August 11, 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 August 3, 2026. Allison H. Sitar&Anthony J. Sitar Agenda Item 8 page 4 of 11 • The City Clerk's Office posted the materials associated with the application on the City Council website of hops://clerk.virginiabeach.gov/city-council on August 14, 2026. Allison H. Sitar&Anthony J. Sitar Agenda Item 8 page 5 of 11 ClosureStreet • NOTES: 1. THIS EXHIBIT IS MENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. N/F N/F I N/F MATTHEW WHITE & I JACK L SIEGEL & I JOHN R SAVINO JR VALERIE WHITE LISA A BERTINI & SANDRA S SAVtNO (IR 202303013507) (LN. 20030529000832140) LOT 147 LOT 149A LOT 148A (M.B. 6, PG. 107) (I.N. 20161110031021810) (I.N. 20161110001021810) (I.N. 20121107001294360) GPIN: 2418-87-0343 GPIN: 2418-87-1615 GPIN: 2418-87-1884 N 74;25:"'IF 75' (OA) 16' LANE 75.00' 25' S0' (41N1,VPR0t€27) (MB, 6, Pen 107) 7.5' AREA OF N F _+� PROPOSED LANE PAUL A. HOLLAND do L I CLOSURE BRENDA E. PARENT (375 SO FT. OR LOT 125 S. I ' 0,009 ACRES) (M•B. 6, PG. 107) (OR 3123, PG. 1389) LOT 126 GP% 2418-87-2706 N/F ~ ALLGoN H. srTAR do h' I '3 ANTHONY J. SITAR 1,TH (I<N. 202603026424) ' �ij N/F I '-4 (M.B. 6, PG. 107) ENMET S. "RIGHT & 2 iq GPIN: 2418-87-1755 MELISSA MCKENDRY (I.N. 2 0 26030301 90) RiC• ARFA OF ARNER LOT 127-Ai PROPOSED Lie. 2904 (O.B. 3829, PG. 657) STREET CLOSURE 0313112026 GPIN: 2418-87-07 (J'3>2.5 SQ. F7 �I iO� VARIABLE WIDTH I OR 0.076 ACRES) SUR• " PUBLIC UTILITY AND I ACCESS EASEMENT (IN, 202507000147) I 25' - 50, S 7475JO- If 75' (O.A.) 450' TO MYRTLE AVENUE v BA Y COLONY DRIVE (70 R/W) (FORMERLY AVENUE C) (M.B, 6, PC. 107) SCALE: 1'=30' STIMn CLOSM SXHIHIT UN Er I of 2 OF JUN6 28, 2028 A 25' X 132.6' PORTION OF HOLLY ROAD Mw AND A 7.6' X 50' PORTION OF AN UNNAMED 16' LANE ADJACENT TO LOT 128 t _'X.=a,-ri+•.<I:. THE HOTJ �� ➢ 3 X .�raacF M.B. 8, PG. 107 441 MUSIANC 11Att. SUITE 4 QMGMU BHACH, VMGINU 111GINIA 11AC11 111 INIA 11431 CAI)/el,Ic BKM/eag CITY OF VIRGM BEACH, VA PLAT:1I-691 JN:228-0081 Allison H. Sitar&Anthony J. Sitar Agenda Item 8 page 6 of 11 113o L aOed g wall epua5v je}lS 'f Auoglu`d 3 3e}IS 'H uOSlllV i900-OZ2::.qr 189-H UY'Id I VA 'HOYRO VMOWA d0 AM Bea/mu fi /an VMOWA `H3VRQ VMOWA (LOT 'Od '9 T'R) ssmon mu on ,LoT os ,Lri vrav a SIQPR ,41 Q5Q"l1'NtdII NY 30 NaLLtIOd ,09 X ,9'L V """ QtdY+ CIYOII AMOR 3o NOLLHod 4'2:8T X ,4?. v �- 0203 '99 aNfif d0 Mt z go z 199119 Stt� IRVIRM MIt OID :TIvas (Lill Od 9 9," (0 31?N3AV A7,Y-7n 1OJ) (41/8 ,OZ) RAIHO AA10700 A VG 317N3it V 3718 M 01 ,OSk, ('Y'O) ,SL M ,of;Se.*z 6 0S (MOOOL09ZOZ 'NI) 1 10' rvw_w ( I IN3Vt3SV3 SS303Y au���y3 !� / aNa l lnlln On6f)d NOy813S AUX0 XvV C'rt H101M 319Vi2fdA Afi S _ J OLLO-L9-914Z WdO �rQ, I (cttt)3Nf3 ��rat�s l (c5s 'ad `sze£ 'a'a) w-cat log ONW197m MINNOW 'N'I) Mzl9Z/90 ? /07i(76 z ' Q MONDOrl VSS113iV i 082 oT I y 99Lt-L9-9ttZ :NldO ( ` Z r" 1HORIHIVJ 'S 1315N3 (C0t '9d '9 '8'W) 31N 4i (tZt9Z4C09Z4Z WO c� o anus 'r A aum dfd v wljs 'H Nomw t n 9OL'ZZ--L9-9[K :NtdO v �9el 107 � (69£1 'Od '£Zt£ '8'0) I XOW-13S ,OL (Lot 'Od '9 '8TO k a NNMayYr I ' ( W ay szt Im I XAM-*,a ur3znrd 3 YONRO ' t ' �► a�,�a V aNfMH Y TNd aoa ( y 0 w (EOI Vas 9A) (2310,YWYINft) `r . ' 3NV7 91 ('Y'0) ,9l 3,OF,9Z tL N t99t-L9-9W !NWO St9t-L9-2W An £t9O-LB-9ttd :Kid`* (09Ct6ZIGOLOttZtOZ 'N't) (o121 tOOOttt9t0Z WI) (0IM0100OtIMOZ WI) (Lot 'Od '9 '811) VBtt 101 V6tt 101 Ltt 101 (OttZC90006Z9XOOZ 'N'I) (L49Ct000CZOZ 'N'I) aNt"s S V8(]Nvs v IN"38 V VSn 311HM 3189NA 8P ONIAVS N NHOr 11303tS 1 NOW I N 31MA KIH-UYfi 4/N i 3IN 3jN 'A183&8d SIH1 801 030V,08d N339 ION SVH 140d3d 31U1 V Z '30N383338 W43N30 NVHL 83HIO A,W UOJ 03401NI 1ON SI (S)1N3t'inOOO 0JOM 031VIDOSSY 3H1 30 1N3ON3d3ON1 ONY 38nSOID AVM-30-iHDRI 03SOdO8d 30 Y3Y 3HI *OHS 01 03M NI St 1181HX3 SIHI t :SR,LON • • Site Photos +tK4A l, �� �rim✓�an�lr4^ay� ,A. `F 1 ~r�' {jY �• ,f. .e .��-.d r,� fir 'S` W• ,pL i ri"i. t y U IT w T el ww r •. • Disclosure V CITY OF rDisclosure BEACH Statement VIRGINIA The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name; as listed on application Allison H. Sitar& Anthony J. Sitar is Applicant also the Owner of the subject property? YesO Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)Noo If yes,name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoe If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant,(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso NoQ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, Q O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor o e Disclosure Statement I rev. May-2024 page 1 of 3 Allison H. Sitar & Anthony J. Sitar Agenda Item 8 page 9 of 11 Disclosure SECTION 1.APPLICANT continued SERVICE YES NO SERVICE PROVIDER Name entity andlor individual Accounting/Tax Return Preparation O 0 Architect/Designer/Landscape Q O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent Q O Eric Garner,WPL Legal Services © K Ed"d Baudat.k.,Esq,Sykes,Bo &R Ahem&Lrry,PC. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Allison H. Sitar/Anthony J. Sitar AA4kt* Anthony a s;rm(Jun 17,2a2a ys:io_n+EDT) 06/17/2026 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiory relotionship"means "a relationship that exists when one corporotion 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.Corte§2.2-3101. 2"Affiliated business entity relationship"means'arelationship,other than paren t-subsidiary relo tionship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner In one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise shore activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101, FOR CITY USE ONLY: No changes as of(elate): 7/28/2026 Alexis Bailey 7/30/2026 Staff Name(Print) Staff Signature' Date Disclosure Statement I rev. May-2024 page 2 of 3 Allison H. Sitar&Anthony J. Sitar Agenda Item 8 page 10 of 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards, Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Allison H. Sitar&Anthony J. Sitar Agenda Item 8 page 11 of 11 w. 1 l 1 " 1 .✓''�... 7.5 R7.5 / BA G0-Ow OR R7.6 site Allison H. Sitar & Anthony J. Sitar Zoning Adjacent to 252 Bay Colony Drive W-*-- Property Polygons s Feet 0 10 20 40 60 80 Man created by Plannina Deoartment on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #8 Allison H. Sitar and Anthony J. Sitar Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 8, Allison H. Sitar and Anthony J. Sitar. Mr. Bourdon: Good afternoon,Mr. Chairman, members of the commission. For the record, Eddie Bourdon,Virginia Beach attorney, representing Allison and Anthony Sitar,who are the now the owners of this piece of property on this application. The first thing, I want to kind of straighten out some of the mistakes, that, or whatever misunderstandings that may have occurred this morning in your informal session. The only underground utility that exists anywhere on these this Alley and Holly Road portion to be closed is a city sanitary sewer line in the 12-foot alley,the 12-foot alley at the back of the property. There are no utilities in the Holly Road right of way that are below ground. There may be a Virginia power pole. I'm not 100% sure about that, but that's covered by the conditions. And having had the opportunity to represent the owners of the two properties. To the north, which closed Holly Road a number of years ago,when the sewer line was in the 12-foot alley that runs east-west. Behind those properties,just like they're behind this property and earlier. Well, last year, the property to the west of this property, in that closure, the city did not request to maintain an ingress egress easement through the Holly Road closure, and that Holly Road closure was added to the two properties, including the speaker who signed up to speak today. They did not have to provide any access to the sewer line in the alley that runs east west. The Folks, when we closed the one adjacent on, excuse me,to this property, the we did raise the concern. Why do you need a whole 50-foot right-of-way to turn into an ingress egress easement just to get to where the work is going to take place? But we didn't make a lot of noise about it, and went ahead and agreed to all of that. The Sitar's would like to build a home that's a little bit broader and don't care about restricting the 20 feet on the rear of their property completely, and that's why they came up with the idea, which is very helpful to public utilities,to give them a full 20-feet on the back of the property, and have only the 15 feet for the access on their property. So it's, it.should have been that done that way on the property next to this. And,arguably,on the properties to behind this,but the use of this Holly Road,unused right of way as a city right of way for a driveway is not unusual at all, and it happens in front of almost everybody's house in the City of Virginia Beach because your driveway, especially those at the north end, some of these right of ways are 80 feet wide with 20 feet of street, so you've got 30 to 40 feet of right of way to get to your property where your driveway is, so it's not unusual at all. So, all the conditions as recommended are acceptable to my clients. I believe that I have not spoken to Ms. Bertini. I believe there's some concern about some trees and birds. And to my knowledge, those trees are in the 20-feet, or actually, I think they're in (lie alley, or they may be a little bit south of the alley, but in the 20-feet that we're providing an easement over, and the Sitar's have no intention of clearing any of the trees, but in that area that we've provided to the city or will be providing to the city, but the city may, the city absolutely may, but the Sitar's won't be taking down those trees. Thank you. You have to answer any questions. Mr. Coston: Oh, we got here,speaker first. Clerk: We have one speaker via WebEx, Lisa Bertini. Ms. Bertini: Can you hear me? Clerk: Yes. Ms. Bertini: Okay. Thank you very much. Mr. Bourdon,I wish you had called me; would have saved me the last two and a half hours. But anyway,I'm calling because I have absolutely nothing against the Sitar's moving in. This is not hostile. This is me being very concerned, along with about fifteen other neighbors, who do not sit and wait to speak because of scheduling issues, that any more trees be taken down. And as Mr. Bourdon said, something with an eye roll about birds. We actually do, at the north end, as Mr. Plumlee knows and respects,really care about. The pelicans,the osprey,the gulls,the bald eagles, and the blue herons, and they're losing their canopies. And I love what I've heard from several of the planning commission members. That is important. It's also beautiful. It's also, in light of the world heating up, necessary for our existence, that we keep the trees. I have no reason to believe the Sitar's are going to do anything that they should not do. My concern is nothing to do with the closed street, but that area behind me and behind them,which we're calling an unimproved 15-foot-wide alley that I understand, Mr. Bourdon just called it 12- foot alley. I'm a little confused about how many feet it is. It's that alley where I understand that Anthony Sitar wants to make some sort of a pathway to the beach. That's what I wanted to hear more about. That does that mean taking down some of the brusli? Because while it looks like weeds,it actually are those tree weeds where they're--all the songbirds live in the morning. So that's what I need a little more information on. If, if, lie doesn't mind responding to that. Mn Bourdon: If I misspoke, I don't remember, but maybe I did. It's a 15-foot alley. The Sitar's are not going to take do«vri the first tree in what was a 15-foot alley, which again has a city sewer line in it. And they certainly cannot take down any trees to the east of this property either,because it's not their property. I don't know where. Again, I have no idea with this idea of, anyway, the answer is, they're not. They're not taking down any trees and any improvements that are done to the property to the east because it's an alley and the 7.5 feet that's adjacent to your property in the rear. They can't touch it. It's not their property. It's a city property, and they're not, they're not planning on taking down trees in the property that they're dedicating an easement to the city on, that is their property to make it 20 feet wide on their side, and the trees in that area aren't going to come down. But 1 will repeat that the city, if they had to replace that sewer line, which someday will probably happen, they have every right to do that. But the Sitar's are not going to do that, and they're not going to take down any trees on any other city property, that would be they would be fined or they would have to pay for the value of the tree under our tree preservation policies. Mr. Plumlee: Mr. Bourdon. Just for the record, do Allison or Anthony Sitar have any plans to construct a pathway to the beach that you're aware of? Mr. Bourdon: No. Mr. Plunilee: Thank you. Ms.Bertini: Okay, I got that from Anthony. So thank you for that. Thank you. I have no further comments. I appreciate the clarification. Mr.Plumlee: Thank you, Attorney Bertini. This is Brian. Ms. Bertini: Thank you, Brian. Mr. Coston: All righty. Are we ready for a vote, Madam Clerk? Ms. Byler: I move that the application be approved. Ms.Moorjani: Seconded. Mr. Coston: It has been moved by Vice Chair Byler and seconded by Commissioner Moorjani. Clerk: The vote is open. By a recorded vote of 11 to 0, Item 8, Allison H. Sitar and Anthony J. Sitar has been recommended for approval. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X Byler ice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach of a public utility and access easement over approximately the western 12.5' of the closed portion Holly Road, over the closed portion of the lane, and over the rear 12.5' of the applicant's lot for access to and maintenance of the public infrastructure located within or to be located within the alley, which easement is subject to approval of the Department of Public Utilities and City Attorney's Office, respectively, and which easement shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors and assigns, shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and access easement to be dedicated to the City of Virginia Beach as set forth in Condition 2,the applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility easement. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of 331d Street, LLC for the Closure of an Approximately 3,680 Sq. Ft. Improved Portion of 33rd '/2 Street Adjacent to 3330 & 3300 Pacific Avenue and 305 33rd Street MEETING DATE: August 18, 2026 ■ Background: 33rd Street, LLC, a Virginia limited liability company (the "Applicant"), requested the closure of an approximately 3,680 sq. ft. improved portion of 33rd '/2 Street (the "Right-of-Way") adjacent to 3330 & 3300 Pacific Avenue and 305 33rd Street, for the purpose of incorporating the closed area into their adjoining property to develop same as a senior living facility (the "Project"). The Applicant made a prior street closure request, approved by City Council on February 18, 2025, to close the air rights over a portion of the Right-of-Way, which authorization expired. This new application is a traditional surface street closure due to the redesign of the project. ■ Considerations: The portion of the Right-of-Way to be closed currently contains public and private infrastructure, including City stormwater and sanitary sewer pipes, and is actively used for pedestrian and vehicular traffic. The Applicant proposes to reroute the stormwater pipe and sanitary sewer pipe through a new right-of-way dedication, which will begin at 33rd '/z street west of the portion to be closed, and adjoin 33rd Street to the south. Staff requested and received documentation to determine the feasibility of the proposed improvements. As documented, the proposed improvements would require variances to the Public Works Design Standards Manual, the Public Utilities Design Standards Manual, and Appendix D of the City Code pertaining to Erosion and Stormwater Management. The approval of the closure of the Right-of-Way will not constitute approval of any variances. The viewers determined that the closure of the Right-of-Way, subject to the conditions set forth below, will not result in a public inconvenience. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There were speakers at the Planning Commission public hearing who supported the project but who had concerns regarding safe pedestrian access to 34th Street and Pacific Avenue. Additionally, staff received 1 letter of opposition and 3 letters of support but with concerns regarding safe pedestrian access to 34th Street and Pacific Avenue. 331 Street, LLC Page 2 of 3 ■ Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0 subject to the following condition: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat shall include the dedication to the City of Virginia Beach for right-of-way purposes of an approximately 32' strip of land along the southwest side of the Applicant's property between the south side of the area proposed for closure and the north side of 33rd Street, subject to the approval of the Department of Public Works and the City Attorney's Office. 3. Prior to the recordation of the final plat, the final infrastructure design showing the rerouting of public stormwater and utilities, including any required variances, shall be approved by the Departments of Planning, Public Works, and Public Utilities. Approval of the street closure request shall not constitute approval of the final infrastructure design or any associated variances. 4. There appear to be private utility facilities located within the Right-of-Way proposed for closure; therefore, the Applicant shall provide written agreement with the appropriate utility company regarding the utility company's approval of the relocation of the facilities located within the area proposed for closure and, if required by the utility company, shall provide an easement satisfactory to the appropriate utility company for the relocated facilities. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within 730 days of the City Council vote to close the Right-of- Way, this approval shall be considered null and void. 33rd Street, LLC Page 3 of 3 ■ Attachments: Ordinance Staff Report and Disclosure Statement Location Map Minutes of Planning Commission Hearing 1 Letter of Opposition and 3 Letters of Support but with Concerns Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:do 1 ORDINANCE APPROVING APPLICATION OF 2 33RD STREET, LLC FOR THE CLOSURE OF 3 AN APPROXIMATELY 3,680 SQ. FT. 4 IMPROVED PORTION OF 33RD '/z STREET 5 ADJACENT TO 3330 & 3300 PACIFIC 6 AVENUE AND 305 33RD STREET 7 8 WHEREAS, 33rd Street, LLC, a Virginia limited liability company (the "Applicant"), 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described improved portion of right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said improved portion of right- 13 of-way be discontinued, closed, and vacated, subject to certain conditions having been 14 met on or before two (2) years from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described improved portion of 33rd '/2 Street (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before two (2) years from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "PORTION OF 33RD '/2 STREET (M.B. 4, P. 28 266)(M.B. 5, P. 151) TO BE CLOSED AREA=3,680 SQ. FT. 29 OR 0.084 ACRE" and shown as the shaded area on that 30 certain street closure exhibit entitled: "STREET CLOSURE 31 EXHIBIT SHOWING PORTION OF 33RD '/2 STREET, 32 BLOCK 107 MAP III VIRGINIA BEACH DEVELOPMENT 33 COMPANY (M.B. 4, P. 266) AND LINKHORN PARK (M.B. 5, 34 P. 151) TO BE CLOSED VIRGINIA BEACH, VIRGINIA, 35 Scale: 1" = 50', dated February 4, 2026, prepared by 36 Timmons Group, a copy of which is attached hereto as 37 Exhibit A. 38 39 SECTION II 40 41 The following conditions must be met on or before two (2) years from City 42 Council's adoption of this ordinance: 43 44 No GPIN Assigned (City Right-of-Way) 45 Adjacent to GPINs: 2418-93-9083, 2428-02-0963, 2428-02-0835, 2418-92-9868, and 46 2418-92-8882 47 1. The City Attorney's Office shall make the final 48 determination regarding ownership of the underlying fee. The purchase price to be paid 49 to the City shall be determined according to the "Policy Regarding Purchase of City's 50 Interest in Streets Pursuant to Street Closures," approved by City Council. 51 52 2. The Applicant shall resubdivide the property and vacate internal lot lines to 53 incorporate the closed area into the adjoining property. The resubdivision plat must 54 be submitted and approved for recordation prior to final street closure approval. Said 55 plat shall include the dedication to the City of Virginia Beach for right-of-way purposes of 56 an approximately 32' strip of land along the southwest side of the Applicant's property 57 between the south side of the area proposed for closure and the north side of 58 33,d Street, subject to the approval of the Department of Public Works and the City 59 Attorney's Office. 60 61 3. Prior to the recordation of the final plat, the final infrastructure design 62 showing the rerouting of public stormwater and utilities, including any required 63 variances, shall be approved by the Departments of Planning, Public Works, and Public 64 Utilities. Approval of the street closure request shall not constitute approval of the final 65 infrastructure design or any associated variances. 66 67 4. There appear to be private utility facilities located within the Right-of-Way 68 proposed for closure; therefore, the Applicant shall provide written agreement with the 69 appropriate utility company regarding the utility company's approval of the relocation of 70 the facilities located within the area proposed for closure and, if required by the utility 71 company, shall provide an easement satisfactory to the appropriate utility company for 72 the relocated facilities. 73 74 5. Closure of the Right-of-Way shall be contingent upon compliance with the 75 above stated conditions within 730 days of approval by City Council. If the conditions 76 noted above are not accomplished and the final plat is not approved for recordation 77 within 730 days of the City Council vote to close the Right-of-Way this approval shall be 78 considered null and void. 79 80 SECTION III 81 82 1. If the preceding conditions are not fulfilled on or before August 17, 2028, 83 this Ordinance will be deemed null and void without further action by the City Council. 84 85 2. If all conditions are met on or before August 17, 2028, the date of final 86 closure is the date the street closure ordinance is recorded by the City Attorney. 87 88 3. In the event the City of Virginia Beach has any interest in the underlying 89 fee, the City Manager or his designee is authorized to execute whatever documents, if 90 any, that may be requested to convey such interest, provided said documents are 91 approved by the City Attorney's Office. 92 SECTION IV 93 94 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 95 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 96 VIRGINIA BEACH (as "Grantor") and 33RD STREET, LLC (as "Grantee"). 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 98 of . 2026. 99 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 100 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA 17034 August 4, 2026 EXHIBIT N/F ALTALAYLA SEENOT�c y/ PROPERTIES,L.C. N c, O.B.4649,P. f560 A O LOI"6,BLOCK 107 MB,4,P.266,MB,5,P. f5f GPIN 24109,788160000 b NAtI_(FJ D`I N/F L 1 N/F 33rd STREET,L.L.C. VTS LYND MAYFLOWER INS T20f4040f000279820 / OWNER LLC L45TS4.5,BLOCK J07 1NST20 19 1 12700fOf3840 MQ.4,A 286,M.B.5,P- M.B. 176,P.54 151 PARCEL A' o r:; `� GPIN 2af89?.B8820000 0 :• GPIN24IB9289480000 �. ro '. ski' V~j Nam- APPROXIMATE LOCATION 33rd STREET;L.L.C. n ' ' O 1NST 201Q040100027987.0 � •;��: ; OFUNSPEClFIEDWIDTH (O LOT 3,BLOCK 107 f :; a VIRGINIA POWER e M.D.4,P.266,M.B.5,P. 151 EASEIdENT RAN28278 D.B. 1 f88 p as7 0 GPIN24189298680000 DH(F) .':;'.;�: .- � � • N/F _ 33rd STREET,L.L.C. ;}; `l_ 33rd STREET�L�L.C. INST 202403041502 ;::; I&IST 20140401000279830 LOT 2,BLOCK 107 ^ LOTS 11-13,BLOCK 107 U.B.4,P.266,M.B,5,P. 151 ;;; 2 M.B.4,P.266,MB.5,P. 151 GPIN 24280208350000 _GPIN 24 f89390830000 N/F r--PORTION OF 33RD STREET 33rdSTREE7;L,L,C• (M.B,a,P.266)(MB.5,A 151) INST20140401000279830 '�• TO BE CLOSED LOT 1,BLOCK 107 AREA=3,680SO.FT,OR0,084ACRE M.B.4,P,266,M8,6,A 151 t ) tGPIA124280209630000 NAIL(F) DH(F) S 13 4838E 140.00' L4 S 13°48'38 E 140.00' -1482834 10 PACIFIC AVENUE M.3483125.43 ! 12220088.79 100'R1GHT-OF WAY E•12220017.17 LINE TABLE NOTES 1. THE MERIDIAN SOURCE OF THIS SURVEY IS BASED ON LINE BEARING LENGTH THE VIRGINLA STATE PLANE COORDINATESYSTEM, SOUTH ZONE,NORTHAMERICANDATUM 19,9311993 Ll N13.48'38'W 10.00, (HARN).COORDINA 7E VALUES SHOWN ARE EXPRESSED IN U.S SURVEYFEET. VIRGINIA BEACH STATIONS USED: L2 N78'11'22`E 68.00, 134.0087,2428-2ANDAC-42 L3 N13648'38'W 10,00, 2, MONUMENTATION:ALL BOUNDARYCORNERSFOUND L4 S 13'48'38"E 20.00' ARE 5/8"REBAR UNLESS OTHERWISE NOTED. 3. THIS EXHIBIT IS FOR STREET CLOSURE PURPOSES ��LTH OP PI�O ONLYAND DOES NOT CONSTITUTE A SUBDIVISION OF LAND. J� STREET CLOSURE EXHIBIT cvi ERIC ., PA TERSON SHOWING PORTION OF Lic. No. 2412 33RD Z STREET, BLOCK 107 MAP III VIRGINIA BEACH DEVELOPMENT SCAt F 1'=,50' COMPANY(M,B. 4,P. 266)AND � b SUR`h r� �� LINKHORN PARK(M.B. 5, P. 151) o fa l oo' T 0 BE CLOSED VIRGINIA BEACH VIRGINIA T7115 OlU41A PflEFAOFfIC EltE Oate:02/04 2026 Scale:l"=50' VIRGINIA BEA(II OFnCE lDJ4VlSf09ALH(MDFMLeGNOOAS , TCL 75).21 .6619 f Xf,77.a 0.141S n.e:,�vu.Wn Sheet I of I J.N.:49953 TEL 757.1i3.tb79 fAX 757.31P.tIlS vx.v.0'rr+M,f.fbfl Drawn by.B14H Checked by.-ESP TIMMONS GROUP -® Agenda a i •1 • Street, LLC Property Owner: 33r• Street, LLC PlanningCommission • i2026 V—B� CouncilCity District • • . Project Details West Request Multi-family dwellings/A-12 Apartment & A-18 Street Closure (3,680 square foot portion of the Apartment 33rd % Street alley) 11 E 11 A Staff Recommendation Approval Staff Planner j? ss, 11`�'���5` Kara McLane st. Adjacent Location i Portion of 33rd % Street, west of Pacific Avenue � block on the west side of Pacific Avenue 5� Adjacent GPINs p 1 2428020963; 2418939083; 2418929868; / WAD ; 2418928882; 2428020835 yen . Site Size 4360 square feet ;` AICUZ <r' flfl`N 70-75 dB DNL Watershedi1 Atlantic Ocean f Existing Land Use and Zoning District Vacant land, parking lot, office /OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi-family dwellings/OR Oceanfront Resort 341h Street South Office/ OR Oceanfront Resort 33`d Street East Municipal parking garage, retail/ OR Oceanfront Resort Pacific Avenue 33rd Street, LLC Agenda Item 9 page 1 of 10 Background & Summary of Proposal • In 2025, the City Council approved a request to close the air-rights above the subject portion of 33 %: Street. This previous approval was associated with the 2025 Beach Tower project and was never finalized. • The applicant is now requesting to close a variable-width portion of 33,d % Street, adjacent to 3330 Pacific Avenue, 305 33,d Street, and 3300 Pacific Avenue. The area proposed for closure equates to 4,360 square feet. • The portion of the alley to be closed currently contains city stormwater pipes, Dominion power lines, and is actively used for vehicular traffic. • This Street Closure application is part of the larger Beach Tower project, a 7-story Senior Living Facility. The granting of the requested closure of the alley would be necessary to complete the project, as proposed, since the facility is proposed to be developed on top of the existing alley. The additional application required for the Beach Tower project is the Modification of Conditions application, 2026-PCCC-00037. Zoning • 1i SA Map _Key No. Request - " 1 ALT (150.5-foot-tall senior living facility) Approved 02/18/2025 oR(sTR•oR) 2 STC (Air-rights) Approved 1 02/18/2025 ais f,sT i Y n 1 d (STR. R) ➢� Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use CUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance 33rd Street, LLC Agenda Item 9 page 2 of 10 Evaluation Recommendation As required by City Code, a Viewers' Meeting was held on February 27, 2026,that included City Staff from the Departments of Public Works, Public Utilities, Planning & Community Development, and the Office of the City Attorney, to consider this request. During this meeting, the Viewers discussed the existence of various infrastructure within the portion of the right-of-way to be closed. Following the Meeting, the Viewers requested documentation to determine the feasibility of rerouting the stormwater pipe and sanitary sewer through a proposed right-of-way dedication, which will begin at 33`d street west of the portion to be closed, and adjoin 33,d Street to the south. Staff has received the requested documentation, which included coordination with Dominion Power to place a line stop before the portion of the right-of-way to be closed; a preliminary proposal for the placement of the stormwater and sanitary sewer pipes within the relocated alley; a preliminary layout for the underground detention of stormwater on-site; and turning templates to demonstrate emergency access through the relocated alley. The proposed improvements, as documented, would require variances to the Public Works Design Standards Manual, Public Utilities standards, and to Appendix D of City Code pertaining to Erosion and Stormwater Management. The approval of this street closure request will not constitute approval of variances, and Staff has recommended conditions of approval that stipulate the same. Staff will continue to work with the applicant on the final infrastructure design during the site plan review process and is recommending conditions to require approval of the final infrastructure design, including any required variances, prior to finalization of the street closure. The infrastructure existing in the 3311 % Street alley creates complexity with this request, as detailed above, however, the Viewers find that no public inconvenience will be generated through the closure of the specified portion of right-of-way, subject to the conditions listed below. The closure of this portion of the right-of-way is deemed acceptable. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat shall include the dedication to the City of Virginia Beach for right- of-way purposes of an approximately 32' strip of land along the southwest side of the applicant's property between the south side of the area proposed for closure and the north side of 33`d Street, subject to the approval of the Department of Public Works and the City Attorney's Office. 33rd Street, LLC Agenda Item 9 page 3 of 10 3. Prior to the recordation of the final plat, the final infrastructure design showing the rerouting of public stormwater and utilities, including any required variances, shall be approved by the departments of Planning, Public Works, and Public Utilities. Approval of the street closure request shall not constitute approval of the final infrastructure design or any associated variances. 4. There appear to be private utility facilities located within the Right-of-Way proposed for closure;therefore, the applicant shall provide written agreement with the appropriate utility company regarding the utility company's approval of the relocation of the facilities located within the area proposed for closure and, if required by the utility company, shall provide an easement satisfactory to the appropriate utility company for the relocated facilities. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within 730 days of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning j Permits and inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Information The closure of a portion 3311 y2 Street should not have a negative impact on the overall transportation system. It is not a designated road in either the 2040 MTP or the RAMP. Ingress and egress from the site should be from 33rd or 34«'so as not to overwhelm the residents who utilize the portion of 33rd y2 street to access their homes and businesses, and to minimize conflict points along Pacific Avenue, a minor arterial road. CulturalNatural & • Impacts The site is located in the Atlantic Ocean watershed. There are known historic or cultural resources that will be affected by this project. As part of the larger Beach Tower project, the Jefferson Manor Motel Apartments (VLR Reference Number 134-5383), a historic resort- oriented efficiency apartment unit, has been demolished. The resource is listed on the Virginia Landmarks Register and the National Register of Historic Places. There are no deeded or codified protections to this historic resource. 33rd Street, LLC Agenda Item 9 page 4 of 10 Public Planning Commission • The applicant/applicant's representative met with the Planning Design Review Committee of the Resort Advisory Commission on June 2, 2026 to discuss the details of the request. According to the applicant, the group voiced no opposition to the proposal. No letter of recommendation was provided to Staff as a result of this meeting. • The applicant reported that they met with the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 24, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on July 1, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 4, 2026 and August 11, 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 August 3, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.vir-giiiiabeacii.gov/city-council on August 14, 2026. 33rd Street, LLC Agenda Item 9 page 5 of 10 ClosureStreet NI ALTALAYLA Se�NOTF PROPERTIES L.C. 4 W Al O.B.4649,P.15W LOT 6,BLOCK t07 M B.4,P.266,MB.5,P.151 y a GPIN 241892M 160" b y -- --— — ------• NAIL(F) D MF L 1 &F YTS LYYD MAYFLOWER 33rd STREET,L.LC. OWVERLLC INST 2014LNO fOLY1?T9810 INS T 2019 1 12700 10 13840 LOTS 4-5.BLOCK 107 PARCEL A' M8 4,P.266,MB.5,R 151 GP/N1418928882 At.B 176,P.54 0CC0 g GPIN241892&W6O" lL1 R W� t j N/F :t3. APPROVAL4TELOCAT10N 33,a1 STREET,L.L.C. Of UNSPECIFIED WIDTH I' C1 INS T2014040f000279820 """ LL LOT 3,BLOCK 107q VIRG/NU1 POWER M M.B.4.P.266,M.B.5,P.151 :d EA SE RAYZ8276 GPIN 24189298 D.B.7188 P.497 OH(f)'.r.0 Nr --�f-- 33rd S TREE T,t-L.C. I� 33mi STREE7 L.L.C._ INST 2024 030 4 1502 INS 2014040 f000279830 LOT2 BLOCK f07 o LOTS 11-13,BLOCK 107 MB.4,P.266,M.B.5,P.1.51 :;!::2 M.B.4,P.266,M.B.5,P.151 GPIN 1428020d?50000 _GPIN 2418939M30000 NIFPORT70N OF 33RD STREET 33rd STREET,L.L.C. (Al B.4,P 266)(M.B.5,P.151) LOTT 1,INST TO BE CLOSED B 0 BLOCCKK 1 10098307 AREA=3,680SO.FT.OR0.084ACRE ht B.4,P.266,1,f B.5 P.151 GPIN 2428020963 1 1 NAIL(F) DH(F) S13'4838E 140XCT L4 S13'4838'E 140.00' N:34&&M,1e pAClFlC AVENUE N 3483125.43 E t222t)088.79 100'RIGHT OF-WAY E:122200t7.17 LINE TABLE NOTES: 1. THE AIFR/DON SOURCE OF THIS SURVEYIS BASED ON LINE BEARING LENGTH THE VIRG/NIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE NOR TH AMERICAN DA TUM 196311993 L1 W3'48'3801 10,00, (hARN).COOROINA TE VAL UES SHO WY ARE EXPRESSED IN U.S.SURVEY FEET.VIRGINIA BEACH STATIONS USED: L2 N76'11'22'E 68.00, 134-0087,2428-2ANDAC-42 L3 N13'48'38W 10.00, 2. MONUMENTATION:ALL BOUNDARY CORNERS FOUND L4 S13'48'38'E 20.00' ARE 5✓8'RESAR UNLESS OTHER WISENOTED. 3. THIS EXHIBIT IS FOR STREET CLOSURE PURPOSES ONLY AND DOES NOT CONS TfTUTEASUBDiVISfON Of- LAND. o` STREET CLOSURE EXHIBIT E i PA £ D SHOWING PORTION OF RICS 33RD j STREET,BLOCK 107 Lic. No 2ER 03-a P- 12 MAP III VIRGINIA BEACH DEVELOPMENT SCALE 1`=50' COMPANY(M.B,4,A 266)AND Q'V SMR LINKHORN PARK(M.B.5,A 151) 0 50' 100' TO BE CLOSED VIRGINIA BEACH VIRGINIA n.G MAAdG NHAeFO AT Tte Date:0210412026 Scafe:1-50' v10MA CMOPPICe ,aKtua„a:nmr k,.<Kcu >5f15�te Ir.r„<,k,5:1c XI)1µr e.,w,v%74-Q Sheets oft J.N.:49953 TF1757113 M79 IM 117AIA 1115�.Cnrtea can Drawn try:BhlN Checked by:ESP TIMMONS GROUP .••'*0�. 33rd Street, LLC Agenda Item 9 page 6 of 10 PhotosSite t" A16 Sr ' t a 33rd Street, LLC Agenda Item 9 page 7 of 10 DisclosureDisclosure Statement Cl I y OIL VIRGINIA V J BEACH Statement The disclosures contained In this form are necessary to inform public officials who may vote on tine application as to whether they hove a conflict of interest under Virginia law,Completion and submission of this farm is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, hoards,commissions, or other bodies. DISCLOSURE • APPLICANT INFORMATION Applicant Name: as listed on application 33rd Street,L.L.C.,a Virginia limited liability company Is Applicant also the Owner of the subject property? Yes( No© If no,Proper(y 0tvrief must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO NoO if yes,name Representative: R.Edward Bourdon,Jr.,Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoo if yes,fist(tie names of all officers,directors members,or trustees below AND businesses that have a parent-subsidiary'or offitioted business entity I relationship with the applicant.(Attach list if necessary.) tbngdx K David Jesw.Brian Staub Menbers:to David Jestc<,Scots Trey.",Cris Cwdnv,Brian Staub,Jussesn Easr xa.Lynn Coup�ar4 ttoberl Bosley. Rrtk tiigltea 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(+ ti yes,name the official or employee,and describe the nature of their Interest. APPLICANT SERVICES DISCLOSURE READ:Tire 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 entit ondlor individual Financing(mortgage,deeds of trust, O Deteb>rttntFftr"gT60 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-204 page 1 of 3 33rd Street, LLC Agenda Item 9 page 8 of 10 SECTIONDisclosure Statement DISCLOSURE continued 1 _-- SERVICE YES _ NO SERVICE PROVIDER _ Name entity and/or Individual) Accountin TaxReturn Pre aration 0 Wait r`ktar 11 EWvn Architect/Designer/landscape n oeyWsc,,cor acwvxy.. c Architect/land Planner LJ Construction Contractor 0 © mmii,oe.eiap-Wi raze n Eric Gunct,Y� John 2aszewski/Eros En incer/Surveypr/Agent ,_, 0� _Q Pattsre ,-Titm _ Legal Services _.._ Q R.Edwxd Bowdon,Jr,,Esq,Sykes,Bwdoa,Ahern 3 Levi, APPLICANT CERTIFICATION READ.I certify that all information contained in this torn)i;complete,tree,and accuratr.I understand that, upon receipt of notification that the application has been s<heduled far public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,COPA,Wetionds boord or nny public body or committee in connection with flits application. Brian Staub'Manager _ r!r•an,` .;Utr:k},t§2ti ill7`,7"�ESe` '. Applicant Name(Print) Applicant Signature Date "Forent-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 corporotion."See State and Local Government Conflict of interests Act,VA.Code 4 2.2-3101. 2"Affiliated business entity relationship"meons"a relationship,other than parent-subsidiary relationship, that exists when(1)one business entity has a controlling ownership interest in the other business entity,(11) a controlling owner In one entity Is also a controlling owner in the other entity,or(lii)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 o close►votking relationship between the entities,"See State and local Government Conflict of Interests Act,Va.Code§2.2-3)01. FOR CITY USE ONLY: No changes as of(date): 7/13/2026 Kara McLane 7/13/2026 Staff Name(P(int) Staff Signature Date Disclosure Statement I rev. May•2024 page 2 of 3 33rd Street, LLC Agenda Item 9 page 9 of 10 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or'a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 33rd Street, LLC Agenda Item 9 page 10 of 10 n n � to V R(STR-O R .0 a A1$ --- s� OR 6 -o -n p R r, � OR(ST Al2is -n M � {T1 Site 33rd Street L.L.C. d zoning Portion of 33rd 1/2 Street, 'r Property Polygons west of Pacific Avenue` Feet 0 10 20 40 60 80 Mao created by Plannina Department on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #9 & 10 33rd Street, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next items are Items 9 and 10,33rd Street,LLC. Mr. Bourdon: Chairman, members of the commission, again, for the record, Eddie Bourdon, Virginia Attorney, representing the applicants on these two applications. With me this afternoon are Brian Staub, Vice President with Marlyn Development, and Gray Mason, with Cox Klewer and Company, the project architect. There are two applications involved, and I believe that the commission desires that we address them together, which we certainly think that makes a lot of sense. Is that, in fact, what you all wish to do? The first is the new alley closure application for the eastern portion of 33 1/2 Street, which, if approved by City Council, will supersede the alley air rights closure that council approved last year. The second application is for a modification of conditions which accompanied the City Council approval of my client's alternative compliance application,that also was approved in 2025, and again, if approved by Council, this modification of conditions will supersede those approved with the City Council's action in 2025. Both of the applications on your agenda today come before you with the city's professional staffs recommendation for approval, subject to five conditions with regard to item nine, which is the partial alley closure of 3,680 square feet, the eastern portion, most portion of the alley, and we ftilly accept the revised condition number two, which was passed out to you all this morning in your informal, and we ftilly agree to the 4 other conditions for a total of 5 conditions. And on item 10, the modification of conditions requests with 9 new conditions, all of which are approved and agreed upon by my clients,and obviously these conditions have been recommended with the input from high-level staff in public works, public utilities, and obviously the planning Department. The changes to this plan from the one that was approved previously—I'll go over them. They're not that numerous, The number of independent senior living apartments with this plan is 130. With the original approved plan, the number of units, including assisted living and memory care, were 132. The previous application included food preparation and food service in the building, which is no longer the case. And,excuse me,the previous application, there would have been employees who were therapists and assistants that would also have been employed in the building, which will no longer be the case. The biggest change is the fact that the building will now only be 85 feet in height versus 158 feet in height, which was one of the significant sources of objections from the neighbors. At 73 feet less in height and in line with the properties on the east side of Pacific Avenue, or shorter than those on the east side of Pacific Avenue. The entrance to the parking garage from 34th Street is unchanged. The previous application had an entrance, or the previously approved plan had an entrance, Full entrance from 33rd Street, as well as to the parking, as well as access from the alley, which was going to go underneath the building that would be built over top of the alley. The relocation. Well, the frill street closure,rather than just the air rights closure, is resulting in our relocating the eastern portion of 33 1/2 Street to intersect with 33rd Street. We are shifting that frill access to the parking structure from 33rd to the alley as an ingress, entrance and an exit only. To the alley, the alley dedication is a 32-foot dedication with a 22-foot alley section, and the rest of the alley is a 20-foot alley. The existing alley to the west that has an 18-foot pavement section. The relocated alley will accommodate fire trucks, garbage trucks, and the fire truck accommodation. Is much more of a stretch. I mean,it does,absolutely does that. But the garbage trucks or trash vehicles will not have any problem, according to our engineers. And I think that you heard that from Mr. Loman this morning. Shifting the access to the parking structure from 33rd Street to the relocated alley also is more in keeping with the preferred access under the OR guidelines in the or district, rather than from the numbered street. The prior plan had,as I said,not only access to the parking garage through,but it also had deliveries in the alley on the eastern end, underneath the building, which also was a source of a lot of objections from the neighbors. The only other things that I had. Or that the I mentioned the loading zone. There won't be deliveries like there were would be before, but there. 'There will be a loading zone on 33rd Street, where people who are moving in or moving out, that's where they will move from and there's an elevator and an entrance right there,where the loading zone on 33rd Street will be. So those are just the comparisons between this and the previous application. I'm happy to answer any questions, but Mr. Staub is going to come up and speak as well. So, if you want to save those until later,that's perfectly fine by me. Mr. Coston; Madam Clerk. Do we have speakers? Mr. Bourdon: Mr. Staub signed up to speak. Clerk: Then our first speaker is Brian Staub. Mr. Bourdon: -- to speak as an applicant. Mr. Staub: Mr. Chairman, Madam Vice Chairman, and members of the Planning Commission, my name is Brian Staub, and I am President of Marlyn Development. We are a Virginia Beach company that has been building and developing senior housing for over 30 years. I am here today to request modifications to our beach tower application. That will allow us to address the critical shortage of active adult housing at the Oceanfront and incorporate frilly affordable units into this project. The demand for senior housing is overwhelming. Across our portfolio of 1,300 senior units, Nve are consistently over 99 % leased. Right here in Virginia Beach, between just two of our communities, Lynnhaven Cove and the Arbors at Birchwood, we have over 130 local seniors on a waitlist for a home. Another example is our upcoming project in Chesapeake, whicli is already 50%pre leased months before opening. Our country's population is aging rapidly. Today, over 55 million Americans are 65 and older. By 2040, that number will reach 88 million. Right here in Virginia Beach, our senior population mirrors this demographic shift. Furthermore,senior households living on fixed incomes are being hit hardest by rising costs. Our revised proposal brings 130 independent living units to an oceanfront area that desperately needs them. Crucially, this redesign allows us to set aside 10 of these units for households earning at or below 50%of the area median income. These deeply affordable units would lease today for just under$1,000 per month—a commitment to affordability that we could not achieve under the previous. Design, layout. The project will be rich with amenities and activities. Residents will be greeted by a doorman. They will enjoy a pool, community rooms, rooftop deck, library, and fitness center through our Independence at Home program, we will be able to provide individualized support by coordinating services based on each resident's unique needs, including primary care. Rehabilitation and skilled nursing services. By approving these modifications,you are allowing our city's aging residents to remain close to the neighborhoods where they grew up, raised families, spent their lives. This project directly addresses a housing crisis, injects year-round economic activity into the resort area, and adds deeply needed affordable units to our housing stock. I respectfully request your approval. Thank you. I'm happy to answer any questions. Mr. Coston; Sir, you may be seated. I think we have some speakers that we need to hear before we get to y'all. Clerk: Our first speaker is Robert Fatovic,followed by Kitty Bowsher. Mr. Fatovic. Good afternoon,members. My name is Robert Fatovic. I live on the 400 block of 33 1/2 Street, and I'll just read from my email that I sent to you all regarding the Beach Tower development. I am generally in agreement. I would like to see them get on with it. With all my, with all my, I would like to see them get on with it and to address all the concerns my neighbors have. However,I wish to focus on a neighborhood concern that has been mentioned many times before, and that is pedestrian safety. Much has been stated in the staff report regarding improved walkability on Pacific Avenue. From the staff report to include enhanced corners and special paving to improve walkability along Pacific Avenue, I don't know what that means. But still,no mention has been made regarding hying to cross Pacific Avenue,which all can agree is a dangerous proposition. In our neighborhood meeting, this issue was raised, and a suggestion was made that the developer would contribute. To install an active pedestrian crosswalk or a traffic signal at 34th Street, with the addition of over 200 senior citizens, plus 50 or so citizens from an adjacent Bichard development on 34th Street, as advertised by these two developments, this population will try to make their way to the boardwalk along Pacific Avenue,along with the added volume of cars that are generated by a new parking garage at 35th Street. One could even consider this like a school zone and reduce the speed limits along this stretch of Pacific Avenue as one option. It has taken over three years for the Hawk signal to be installed at the Cavalier. I trust this will not take as long to provide some relief in this area, Pacific Avenue. Mr. Coston: Mr. Plumlee. Mr. Plumlee: I'm sorry, it's Mr. Fatovic. The crosswalk, mostly most of concern to you, is oil 34th Street. Is that is that correct? Mr. Fatovic: I think that would be the most advantageous block, considering there's a stoplight at 32nd Street, and there's not another slowdown until the 40th Street, and it's also adjacent to the other garage, and the Mayflower. Mr. Plumlee: Do you have concerns about the closure of the alley specifically? Mr. Fatovic: No, I do not personally, but I think my other neighbors do. I do not use that alley to on a daily basis. Mr. Coston: Thank you very much. Any other questions? You may be seated, sir. Mr. Fatovic: Thank you. Mr. Coston: Thank you. Clerk: Our next speaker is Kitty Bowsher, followed by Susan Reed. Ms. Bowsher: Good afternoon. My name is Kitty Bowsher. I've lived in Virginia Beach,my life of memory. For the last forty years,I've been a landlord on 40th. Excuse me,on 33rd and Arctic. The previous speaker presented most of my concerns. As a landlord,I've often said that my middle name is safety First. I have reached out to traffic engineering, and what I've wondered is, in a .planning commission meeting, where does traffic engine? Or when a developer comes, where does traffic engineering fit? Because,again, in 2020,I bought an apartment on 40th Street, so I've had a firsthand view of what has happened when 41 st Street was closed. There have been accidents and at least one death,and yes,the Hawk system is going to collie next year. So, you know, forewarned is forearmed. I'm delighted that seniors, residents, will have the access to the boardwalk and the Atlantic Ocean that our tourists do. But how are they going to cross the street? I'm not sure which one of you represents the oceanfront. Well, you must know how dangerous Pacific Avenue is. I personally drive around Holly when I'm going to 40th rather than Cross Pacific unless I'm at the 32nd Street light. Now, Traffic Engineering said, "Oh, they can walk down to the." No, those people are not going to walk down to 31 st or 32nd Street. They're going to cross that. Thirty third or thirty fourth, and I think thirty fourth does make the most sense. Because there are developments coming down 34th Street,right behind this one, and where I work every day, there was two houses that were torn down and sixteen, sixteen,were replaced. So I came up with a saying: you can quote me. They're not waking more dirt,and people want to be close to the. Ocean, and why not? But let's let them be safe. Now I'll tell you another safety concern, and that is the intersection at 32nd and HA and Arctic. And I personally got permission from 7-Eleven, and I removed one of the bushes, and I trim the one that's there. Because there were being so many accidents. I went to high school with Mike East, and he said, "Well, they want people to get out of the oceanfront,you know, to head to the interstate." I get it. But right now,the Alaskan Road,there's four-way stops right there. It's a two-way stop. Accidents happen there, and I want to kindly say that 33 1/2 Street is not an alley. It's a street. It has a name, 33 1/2 Street,and I use it every day, and often have to,you know. Mr. Coston: Ms. Bowsher. Ms.Bowsher: My time. Mr. Coston: Your time has expired. Do y'all have any questions for her? Mr. Plunilee: Ma'am, I do have a question. Wait a minute. Mr. Coston: 1 got a question. Mr. Phurtlee: Ms. Bowsher, you were about to talk about 33 1/2 Street, and that you use that. And how often do you use 33 1/2? Ms.Bowsher: Every day. When I leave 40th Street,I drive south and I turn right at 33 1/2 Street. Yeah, I put my blinker on. Mr. Plumlee: But I just want to make sure the direction you're coming off of Pacific on the 33 1/2, and then you take it down to Holly or wherever. Ms. Bowsher: Arctic. Mr. Plunilee: Arctic. Okay. Ms. Bowsher: Because I work on Arctic. Mr. Plunilee: I got it. Thank you very much. Ms. Bowsher: You're very welcome. Ms. Bowsher: Thanks for your help. Clerk: Our next speaker is Susan Reed,followed by James Westcott. Ms. Reed: My name is Susan Reed, and I did sign up for both 9 and 10. 1 think right now I'm just going to address the 9, which is the street closure. I live on 312 34th Street, which is right next to the Mayflower parking lot, and my home is probably about 100 feet from the new project that's going to be going on. I think there was my email in your packages this morning, so I'm not going to repeat that, I'll be brief. But (lie main thing I'm concerned about is that, the project calls for a substantial portion of the 33 1/2 Street Alley to be closed off,and that alley currently provides many of my neighbors and myself with our only direct access to Pacific Avenue from our driveways,which are on the alley. As a concession for cutting off our access, we think it's a reasonable request. For the project to include a walkway or a sidewalk on the west side of the property, which will connect the alley to 34th Street, and I believe James is going to kind of show you a little bit more specifically what we're requesting. But I'm happy to answer any questions that you might have. Mr.Plumlee: Mr. Reed,do you mind addressing all of your comments? Because we did combine both applications, and we'll give you time to make all of your comments. Ms. Reed: And you asked previously. I mean, my driveway is, as I said on 301h, so the way I leave my house is, I go down to Pacific and make a right. I mean, that's the way I get to the interstate,as opposed to winding all the way back through Arctic Avenue. Regarding the item 10, this project is going to require a lot of pile driving, and I think myself and my neighbors are concerned about the noise,but I think more importantly,the structural damage that might occur to the surrounding properties as a result of that pile driving, and we're curious if the applicant has considered any of the new technology that's out there, which I understand would pre-drill those holes for pilings. I think they did that at Westminster, Canterbury. So that's one question we have. And the other thing is,we would like the applicant to commit to repairing any damage to our power properties that its conduct causes, specifically any damaging again from the pile driving, and then the last thing is just on the density study, you know, the old project said there could only be 110 units. Now we've got 130 units. The staff did provide me with the calculations, and I understand the math. I mean, the only way it works is if you say, under the existing property, 35 feet high, you could have smaller units. I mean, that's how you make the math work. You know, it's a little inconsistent from my standpoint, but you know, that's how it is. So that's it. Any other questions? Mr. Plumlee: I would like, if you don't mind, can we put a street view so that Ms. Reed can tell us her concerns with sidewalk connection to the to the alley, and we can visualize it? I just think that's really important. Are we able to do that? Ms. Reed: And to be honest with you, I think James, you've got like some handouts to show people. I think he might be in a better position. I mean, I'll be happy to answer it. Mr.Plumlee: If you can just say again now that I'm looking at it,just to help. Tell me specifically where you would like to see a sidewalk. Ms. Reed: Okay. Well, you see 33 1/2 Street, right? That's the one that goes doWn the center, and you see the top yellow outline at the at the top up there. That's the one that's on the corner of 34th Street and Pacific. What we'd like is on that level, on that place that is right next to the Mayflower parking lot. Some way for us to get from the Half Street to 34th Street. That's what we're looking for on that west side of that,where the old Beach Tower used to be. That's the main thing. Now, I think James might say,we'd like to also be able to get down 33 1/2 Street to get to the out to get to the sidewalk. But that's the main concern. We can get to 33 now. Mr. Plumlee: That's helpful because when we ask him questions, we can have that in mind. So I appreciate you going through that with nie. Ms.Reed: That's my. That's what I'd like to see. Mr. Plumlee: Understood. Ms. Reed: Okay, Conunissioner Mauch. Mr. Coston: She's okay. Mr. Mauch: Commissioner Plumlee asked the exact question I was going to ask. Clerk: Our final speaker is James Westcott. Mr. Westcott: I'm James Westcott. I live at 316 34th Street. It's a three-story condo with the balconies on the front of it, and we live in the middle unit, which the only, the only way to get to the front of our house is to go around the block. We don't, we can't go through. I can't go through my two neighbors'yard. A little bit of difficulty there. But I think this morning I tried to listen to the meeting Us morning, and it seemed like there was some confiision about what we wanted in the sidewalk, and it was some discussion about, is it a street or is an alley? I don't think you can require, I mean, a sidewalk on an alley. If I'm, if I'm correct, I'm a class A contractor, residential contractor, so I understand this pretty well. That's not, that's really not what we're asking that the drawing I just passed out, we don't want it where we don't want it in the old section, but where you see that turn, where it goes into the new portion, connecting us to 33rd Street, that portion right there, that's going to get very congested with and I'm and I'm 63, so I'm not saying old people, but as they come down,and we're walking, and we're old,and they're old. And it's just not going to be a good mix,and I think that a sidewalk, and it's a short sidewalk, it's about 70 feet. Going up 33 1/2 street and turning between the two properties of Mayflower and the Beach Tower. Connect and there we can walk,we can safely walk back and forth,or we could go,you know,we could go in the new portion of 33 %2, but it's three times further to get to 34"'. It's that's a long, that's a long route, because I think that the stop there needs to be some sort of cross device there. At 34'11,it's pretty dangerous,but we're not opposing the project. It's we're so far beyond that point, and we, you know, with the modifications, new modifications, we don't have. We don't have any issues with that stuff. Our two concerns is safety, and I think that's everybody's concern is safety. And the one other thing is that is the power driving so close to the homes. Susan's condo unit is less than 100 feet from the corner of that property, from the corner of the Beach tower, the Beach Tower right there, it was 45 feet, and it's been raised to 100 and I think it's 110, but I could be wrong. But though, though the whole building came down, the part closest to us, it went up. We're not complaining, but, we just need, we need something here. We need to, we need to be able to get 34th Street. That's it. And I put a letter in there. That you can read and explains a little bit more, but we don't have, you know,we don't have disagreements. I don't think at this point. Mr. Coston: Any questions? Mr. Plumlee: The issue about the pile driving,we'll ask the applicant more specific questions on that—we haven't had a chance to do follow-up questioning. I think, I understand where everybody's coming from with that. With regards to the sidewalk, has have you had any chance to bring this tip with the development team yet? Mr. Westcott: I did. Well, I'didn't want to get into that, but I will. In our meeting on March 27, I brought it up with Dave Jester. And I explained to him that that we need a sidewalk. He suggested we walk across the Mayflower parking lot. That's not an option. There's a 10 inch curb right there. That's just not an option. So he said,"Okay," that he would,and worth was there. Be, they said,"Okay,we'll look at it." I've sent three emails to Kathy Warren requesting this. I've sent two emails to work. I hadn't heard from anybody. I didn't hear anything till I contacted CARE last week, and she sent me all the information within two hours. So yeah, we've tried to have, we've tried to have discussions, but it's just been one way. Mr. Plumlee: I just want you to say one more time, so I'm clear on what you think is the most efficient route for this sidewalk. Just say it. Mr.Westcott: So where the curve,where the road curves from the existing point into 33 1/2,that new portion right there, if a sidewalk could start, where that turn is, where it stops, where the straight stops, a sidewalk to the corner of the building, going, going, I guess behind where their parking area is, and then cut over, which is also their parking area. It's not, the walkway would not be,you know,within,within sight of homes or offices or anything. It's all,it's all parking area. So if we could get up there, it's about 70 feet. We could get to that point and turn left. Mr. Plumlee: So let me repeat what I think you're saying, because I need to understand what you're telling me. If we were to start the sidewalk on 34th Street, at that top yellow point where that red car is, do you see it? And bring it down towards the alley, bring it up the alley,and then down to 33 d. Is that what you're saying? I want to make sure I understand, because I don't, it's difficult to understand this drawing. Mr. Westcott: The orange markings on there is of the corner of the building, the corner of the Beach Tower, where that orange marking stops, or starts from that point of their building,tip and over to 34th Street. So you would,you would go,you would go in the direction that 33 1/2 Street was going. Mr. Plumlee: Thank you. Mr. Westcott: I'm sorry. Mr. Plumlee: I'm sorry for my confusion. I was trying to read the handwriting, but I've got you now. Thank you very much. I appreciate, appreciate you doing that. Mr. Coston: Hang on, sir. Mr. Camp: All right. So I try to keep up. But help me out here. You see? Can you see the drawing? All right. You see where the A and the L are in the middle of the word half? You talking about a sidewalk from there, going to the top along the yellow line to 34th Street? Mr. Westcott: Yes. Mr. Camp: Thank you, sir. Yeah, that's all we want. Mr. Coston: Madam Clerk, was that the last speaker? Clerk: That was our last speaker. Mr. Coston: Okay. There he is. Mr. Bourdon: I'm sure you all will ask me questions if I don't answer the ones that I've got. So, first of all, Mr. Fatovic, we do not have any disagreement. There is there other than to say there are crosswalks at both 33rd and 34th Street on Pacific. They exist now, and they've got protection by the median now. I think what's being requested is some form of what's the-- so when this goes through site plan review assuming that we get there, there will be a number of things that will be negotiated in that process. We're taking on water from other properties to the west, and that's a pant of the stormwater problem factor,whatever you want to call it. It's going to take a lot of time, effort,and money to solve,and we're certain that it can be solved. We've got issues with relocating the sewer line because the existing sewer line in the entire alley is not to anywhere near public work standards. Again,things that'll be worked out and negotiated through this process,and it'll be a fairly lengthy one, I suspect. The idea that my client would be responsible for the cost of putting a light up,we're not going to sit here today and say, yes, we're going to do that. We're not going to rule out the possibility of contributing to it, but that'll be among a lot of other things that will have to be negotiated in the site plan process. But again, no one is asserting that the existing situation is. That's the city might assert that it's it is safe, but, Nye are -- we're not there every day, so we're not going to pick a fight or an argument with the neighbors on that whatsoever. But the city will be the one to arbitrate that. Since we're on that subject, the existing alley, is 20 feet wide, and there is no sidewalk, and so, they'll be walking down the existing 18-foot-wide alley to head to where they're now going to Pacific Avenue and going right or left, and I presume they mostly go left since they're saying 34th Street's where it should be, but we can provide access to 33rd Street because we have -- we're talking about a 32-foot right-of-way dedication,and there is,we'd have to put a crosswalk in front of the entrance and exit to the parking garage, but that could be accomplished, and there could be access to 33rd Street,which will be,you know, pedestrian oriented anyway, and that's possible. The problem with 34th Street, there are two potential solutions, but again, it's not going to get being able to get taken care of today. The orange line draws us to the parking lot boundary with our property, the parking lot for the Mayflower auxiliary that no one uses very much, and so the existence of access, for all intents and purposes, as long as that parking lot stays the way it is,will be completely available. Because there's nobody policing it. You can walk across it any time you want. I suspect that that happens a good deal today. But if we, if we can, you cai3 come down on our property between the wall and that boundary. But unfortunately, the stairwell,which is a bump out,you know,we can't get by that other than by encroaching onto the Mayflower Auxiliary parking lot that's hardly ever used. But you can't -- you do have half an alley that'll get you down to that point. But when you go north. That stairwell, if you're looking at our layout plan, would block it for a short distance, and you'd have to go onto the Mayflower property. You also could, and no objection to it. You can go into the parking garage because that there is a there'll be a door there, an opening there, and you can walk down the sidewalk inside the parking garage. But then you get to the stairwell, and you have to walk around it, where there will be incoming traffic. To some degree,that's the people that are going up to the second floor to park. So there's no perfect way to do that to the north. There is the ability to do it going to 33rd Street, and we have no problem facilitating that. And while I'm on the topic, we also can plant a landscape buffer of one row of evergreens on the west side of the. Alley going out, where we're relocating the alley to go out to 33rd Street as well,and I think that's really the safest and most accessible way to do it. But we cannot, we cannot on our property get you to 34th Street other than through the parking garage and along the interior wall, and then you'd have to go around this parking. Assuming that this the stairwell structure, and that's a short wrap around. But again, as long as that parking lot for Mayflower stays as it is,everybody's going to cut across that. Because there's nothing stopping them from doing that. So moving on to the pile driving. First of all, load involved with a seven story building. First, or 85 foot building versus a 158 foot building is quite a bit less, so it won't nearly be as much pile driving required. We do not know at this point, and it's something that won't be determined for quite some time. How that is going to take place,the size of the piles,etc. It hasn't been that has not been engineered at this point. We certainly will do everything reasonably within our ability to limit. The noise, and to limit the time frame that it takes place, and I don't disagree with the idea, from an idea perspective, maybe not always works out in real world that to do it. Not during the middle of tourist season, and that's been a policy of the city for quite some time. I'm not sure it's adhered to as much as it used to be, because the construction involved can take a whole lot longer than back in the old days,when everything was just two or three stories high, but we would certainly be, and we are responsible as far as we will need,to get in and survey people's property. That's a standard in the in the construction business to make sure what the condition of properties are that are around us, and to the extent that there's damage done, we're responsible for that damage. That's a legal principle that's not in question, but that that does require some level of cooperation and. My clients certainly will be cooperative,and, you know, certainly do what they can to make sure that there's no, you know, no one suffers as a consequence any loss because of damage to their property. And for another, that's another reason why we want to minimize the pile driving as well. But we are not in a position to be able to say there won't be any pile driving,or that'll be this system or the other system. But Mr. Jester will certainly look at. Trying to do it in the way that's be least disruptive of the neighbors, and with that, I'm not sure if there was something else that that needed to be addressed, or that you may want to ask me questions about. Mr. Coston: Commissioner Plumlee. Mr. Plumlee: Mr. Bourdon, this facility is intended to have 130 apartments,correct? Mr. Bourdon: Correct. 130, ten of which are affordable. Mr. Plumlee: What did we previously approve? How many? Mr. Bourdon: 132. Mr. Bourdon: But that 132 includes the memory care and the assisted living. But 132, I don't, I don't know where, Ms. Reed's 120 came from,or 110, whatever it was, she said. Mr. Plumlee: I was confused on that point, too. That's why I want to make sure we're clear on that,and that we bring this out to have clarity in what we're doing. Mr. Bourdon: And that's what the Navy was provided, and that's what the Navy said. There's no, totally no increase in density here. Mr.Plumlee: I didn't hear a commitment to a sidewalk. I didn't hear a commitment to sidewalk. I'm just I'm just wanting to be clear. Mr. Bourdon: Well,if I said we can accommodate the sidewalk, but we can only do it going out to 33rd Street, because there's no, we don't have the ability to do it to go out at 34th Street, and that's what they were asking for. If that satisfies them, now again, when I say sidewalk, if you look at the plan,there'll be part of it, will be sidewalk,and part of it will be,you know, crosswalk in front of the exit and in front of the entrance from the alley to the parking garage,because it'll be on the east side of the alley. The alley is 22 feet wide and a 32-foot right-of-way that we'll dedicate. 12 feet wider than the current alley,that is,they've been using for years,without a sidewalk. They could, but again, with those verges we can get rid of the landscaping and the verges that we're creating, and put a sidewalk on those verges, And a crosswalk in front of the entrance and the exit. Mr. Plumlee: Well, what I want is if there is any kind of recommendation, positive from this body,that you will meet with these folks before City Council and discuss the routing of pedestrian traffic there. I'm not finished. Mr. Coston: You could hold on. You worded,Mr. Bourdon. Mr. Plumlee: What I'm asking for is that you provide them the feedback that you need. I'm not saying you can deliver all things to all people, but reasonable requests we need to accommodate. Now, getting to the closure of the alley -- Mr. Bourdon: Absolutely do not disagree. That's why I'm giving, giving everybody options as to ways can what they're trying to achieve can be accomplished. Mr. Plumlee: As to the closing of the alley, the 33 1/2 Street, we have very few people come to object to that closure today. I mean, I'm just being honest compared to the previous hearing that was held and the concerns. Have you looked into how many people are actually using that alley to leave their neighborhood? As far as coming in, there's a lot of access points in. But have you looked into actually how many homes are going through there? I mean,that's been closed for how long now? I mean, it's been closed for a while. Am I wrong? Mr.Bourdon: It's again. I don't want to get into a dispute with the neighbors about. And I don't. I don't. I'm not hearing that from them either. We're amenable to try. This is the first that we've heard of this desire to go out to 34th Sheet. We had gotten some indication that there was an interest in a sidewalk to go out to 33rd Street, so we were prepared to say we can make that work. We could even do it on the west side of the alley,relocated. But we would then be foregoing the ability to put up,you know,a row of evergreens,which would be to help screen the property to the west. Mr. Plumlee: These folks are correct, there are serious crossing concerns across Pacific. And if it is reconunended by city staff that there be a hawk signal, I believe the developer should take pant in those costs. Is that not a commitment on part of the developer? Mr. Bourdon: The developer is willing to participate, until we know what it is that we're being asked to participate in, we also have to participate in correcting a lot of other deficiencies. Here and say,but yeah, we again. That's what I. Mr. Plumlee: I don't disagree with that. Mr. Bourdon: We just we're committing to work with the city and with the-- Mr. Plumlee: If this moves beyond today, they will watch this proceeding, and I'm getting from you what you're willing to do for them to see this. Mr. Bourdon: The same was really true a year and a half ago. Yeah, because all of this, all of the things that you all read about that are variances, and what have you. Again, that all the department heads are on board with doing it this way. Because until we dig into it,we don't know what. What the options might be to totally upgrade all of the infrastructure that's out there, and that that's what, that's what will be discussed in that process. But we're, we have no aversion to (tying to provide access and providing access to one of those corners,which is how they get across Pacific today. As far as what, Ms. Reed is talking about in the pedestrian pant, and we, we know we're very confident we can make that work going to the south. We think it's workable going to the north, but it may not be the type of access that they're, you know, most comfortable with. That's a commitment. I mean, that will work. Mr. Coston: I don't know which one of you were first, but Commissioner Mauch and then Commissioner Camp. Mr. Mauch: I might have a couple of questions, but I'll just start with one or a statement and a question,maybe for staff. As far as the density calculation that was originally put on the property through the alternative compliance process,that density was calculated,not by the height of it, but by what could be there already. And the height was where the alternative compliance came in. And you're lowering it,but it still doesn't change the density that's available on that property. And I think some of the numbers that may have gotten confiised was the memory center, and I believe something else was considered institutional. So, therefore, it was you had a max occupancy, or density of I think it was 132. Is that correct,staff? Somewhere in there,and you're kind of keeping within the same density that you're allowed in that area. It's just the amount is being calculated. Is actually being calculated for the people that are outside of the memory care. We might have clarification. Staff: The density study is what the applicant shows is that the number of units that they are proposing could be built under without getting the height increase, so it's not showing the maximum density. All they're doing is showing what could be built. So when they originally submitted the density study, you're correct; they did not include the memory care units. But they 'weren't trying to have as many units as possible in it. They were just showing that what they,what they are proposing, that number of units could be built. So the density study they submitted this time does include additional an increase in the number of units. There was a change in the layout a little bit, and then they reduced the dwelling size to show that they could, in fact, fit the same number of units that they're proposing now, without the increase in height. Mr. Mauch: And the trade-off for that was the increase in height. And that was one of the concerns that the neighbors had was the height of the building,and this is helping that now. IT go ahead and let Walter, because he may end up. Asking or saying what? Mr. Camp: I'm going to ask your Pacific Avenue question. Mr.Mauch: Okay,so,you know, understanding that there is a need or a desire,I should say,and really, with Pacific Avenue, I think we all know that there's a need for safer connections across Pacific Avenue. It's difficult. Would you consider, if it was found acceptable to place a hawk signal in that area? Would you guys consider? And I'm not asking for a definitive, but a consideration for maybe a cost share, and helping to help that go forward, if there's a need there, that's found. Mr. Bourdon: I thought, I had already answered that,maybe I didn't, but we will be considering cost sharing on a number of infrastructure improvements. That's going to be a pail of the process. Of the site plan review, and so the answer is, we will be working hand in glove with the city on infrastructure issues, and that's what this is as well. Mr. Mauch: I do feel like you did answer it. I just wanted it to be said again because you are trying to be amenable to correct. Mr. Bourdon: Because there will be, there will he things that are a lot, potentially, potentially a lot greater expense. That involve,and again,that's an evaluation process on the part of the city. If it's stormwater and solving the stormwater issues that already exist because of stormwater that's being drained onto this property from other properties, is it could be very expensive, and lily client's responsible for having to fix those problems,and there's,the same holds true with the sewer line that doesn't meet current requirements that that we're going to have to get a variance for ours. We don't know what all those costs are going to be,but they had, they will be much more than this hawk sign, and so it's a question of, you know, trying to do an equitable job of sharing the responsibility because none of these things are solely my client's responsibility. But sharing is exactly the way these things get resolved through the site plan process. Mr. Mauch: That's the reason why I specifically said cost share, because it don't correct. It's going to benefit the entire community, and I'm not asking you to correct. Mr. Bourdon: We're fully aware that we will be cost sharing to one extent or another with resolving,and we have no objection to cost sharing as a concept, and certainly not as it pertains to a hawk signal. It's just, if we're, if we get stuck having to do 100 % of some other thing that the city should be participating in, then that's going to. You know, it's not, it's not a limitless pocketbook or wallet. Mr. Mauch: I think you've made yourself clear, or at least as clear as it can be at this moment. So, thank you. Mr. Camp: Thank you, Mr. Bourdon. And in your various remarks, you have answered several of the questions that I had, so I'm not going to go back over those. In particular, thank you for your work yesterday and today on the alley and trying to explain all of that—the widths,the trees, the sidewalk. Great. Different topic. When I look at the design of the building, it faces Pacific. That appears to be the front door, the prominent entrance,the sign of this building. The building, as I understand it, is built close up to the curb, allowing for, I believe, an 11-foot-wide sidewalk or something like that in front. Mr. Bourdon: On the front, it's 12, 1 believe. Mr. Camp: 12. Very good. My question is about drop off and pick tip. Is it anticipated that folks dropping off or picking up are just going to stop on Pacific in front of this building, or]low is that supposed to work? Mr. Bourdon: Tile 33rd Street. There's an entrance at the just right at,not directly on the corner, but just to the west of the corner. And there's also elevator inside, and that's where we've got the loading zone, which has got a number of parking spaces in it. But it'll also be used when people are moving in or moving out, and door there, elevator there, and that would be the place where people could would pick tip. And in most circumstances, now, again, someone could go into the parking garage and drop off and pick tip off of the alley or off of 34th Street. But as far as on street, it should be on 33rd, which is again, if you're]leading to the south, which is what you would be doing? If you're stopping in front, you just come around the curve and then you go tip to Arctic and take a left, and hopefully, Ms. Boesch will take care of 7-Eleven hedge row. Mr.Camp: Alright. So,what I understand is this building is going to surcharge westbound traffic on 33rd Street to the extent that it generates pickup,drop-off,deliveries. You're going to ask those vehicles to pull onto 33rd Street,adjacent to your building. They're going to be pointed west,and the in order to get anywhere else, they're going to go over to Arctic and go where they're going to go, correct? Mr. Bourdon: Well, that's what, that's what we anticipate. I mean, there could very well be someone who gets picked tip at the corner of 34th Street and Pacific, too. Mr. Camp: But the general design flow of the building is this where they? Mr. Bourdon: It's where they tell Uber, or where they they're able to pick them up. Mr. Camp: So in many other urbanized areas, we see actual municipal restrictions on rideshare pickup. Now I'm not suggesting such a thing here, but the future is a long time, and it seems to me that cultivating cars not to stop on Pacific,and training folks,or directing through the operation of the building that this kind of thing operate on side street is a good first step to being a good neighbor and allowing the traffic to operate more efficiently. It also helps our pedestrian issue over here. We don't have cars stopping, stop, starting, and creating a blockage on Pacific with unpredictable traffic behavior, where all of these other folks are trying to cross the street. So it seems to me,if that is something that the operator of the building can encourage,that would benefit everybody here. Mr. Bourdon: I have no doubt that we in the operation of the facility that they're going to encourage and more importantly discourage,anybody being picked up on? Because I think they're both important on Pacific Avenue. Mr. Camp: So my second question is with regard to the street closure. I'll draw your attention to condition number 5. I want you to help me understand this,please. Mr.Bourdon: To give me one second. Mr. Camp: It is on page 4 of 10 of Agenda item 9. Mr. Bourdon: There appear to be private utility facilities located within the right of way. Mr. Camp: That's number 4. Number 5,at least on the one that I've been handed, starts with the words"closure of the right of way."This is what I want to understand. It says closure is contingent on complying with all the other conditions within two years,within 730 days. And then it says in the next sentence, if the conditions aren't accomplished, and the plat isn't approved within one year, then this approval is null and void. Explain to me the two years and the one year and how that goes together. Mr. Bourdon: It should be two years. Mr. Camp: Which should be? Mr. Bourdon: The second one, should be two years. Because that's a leftover from the old conditions. We've for the for the last. Mr. Camp: I get it. We're working off a document from a prior approval, and we're modifying it. But now, as it's in front of us, it doesn't make sense in the present time. I'll just refer that to you and staff to sort out before you get to council. Because if you approve it as is, I don't know how we would enforce it or interpret it. Mr. Bourdon: That's no problem. It should. It's supposed to be two years. That's just a-- Mr. Camp: I read this stuff. Yeah. So. Thank you. My last question is with regard to the two applications: the street closure and the ability to build this building. At the site visit, I was told that essentially, they are contingent. In other words, you've referenced, and the staff report references some of the difficulties that will be inherent in closing the street. Relocating the utilities, what have you? That's why there's two years here to figure it out. Well,suppose that doesn't work out. I mean, the applicant was here what a year ago, thinking everything was going to work out for a twelve-story building, and now we're back. It didn't work out. So anything can happen. I'm looking at what happens if it doesn't work out. If the street closure doesn't work out, does the ability to build the building carry forward,or where are these two tied together,that you can't build the building. Mr.Bourdon: They're completely tied together because we're building the building on the closed portion of street. Mr. Camp: I understand the practical. I'm looking at the legal. You got permission to do something, but you can't practically do it. Mr. Bourdon: If the street closure or the alley closure, it's all called street, but they're different between alleys and streets. If the closure can, well, the closure won't become final until the re- subdivision plat is recorded. The re-subdivision Plat will not be approved to be recorded until the site plan is approved. Mr. Camp: Okay, I got you. Very good. So you won't get through site plan review. Mr. Bourdon: Correct. Until the site plan is approved, the re-subdivision plat never gets recorded, and it's all moot. Mr. Camp: Thank you. I understand. Slue. Thank you, sir. Mr. Coston: Are we ready for a vote? Who was that? Mr. Plumlee: Plumlee. Mr. Coston: Commissioner Plumlee. Mr. Plumlee: Yes, 1&-. Bourdon. Very quickly. Are there any of the conditions that are being released from the prior approval? I see the previous conditions. We've demolished the hotel. A lot of these things have been done. These are not to be STRs. Mr. Bourdon: No, all we need to do is approve the conditions recommended because they'll supersede the other ones, and those other ones have all been, well, they're being superseded, or they've been already accomplished. And the one, the one with regard to the historical information that will be surveying, all that stuff have been. Mr. Plumlee: That still carries forward. Mr. Bourdon: That carries forward,and we're going to have that in the lobby. Mr. Plumlee: And all the ones that are not superseded carry forward. That's what you're saying. Mr. Bourdon: I think there. I believe there. The ones that aren't superseded should be in the ones that we are that are before you today. I wasn't aware that we anything was left out. Mr. Plumlee: I do have a motion. Before I make the motion, I'm going to talk a little bit about the project. Mr.Bourdon is right. This is a lower height building,so the pilings and the fulfillment of the construction should be less intense than what you are currently under. What has been currently approved, so that is an improvement with this approval. We absolutely need 62-and- over housing. Everything I gather from the public,they want this project to proceed. The building has been taken down. The 10 affordable units is really a replacement of the Jefferson Hotel. Those units. That's essentially what's been done here with the thousand dollar rent. The applicant is a very experienced developer,and his word, Mr. Jester's word,and this is very important. I believe the more we can bring residential development along Pacific,the more our demands for improved traffic. Will occur because people will be there to demand it. Right now, it's an old bank structure where, with a huge parking lot, where people came in for office and they left. I think bringing residential down there will improve that area. Generally, we've already improved the density. Like I said. Anyway, for those reasons, I want to move to approve this project. Ms. Schoonover: Second. Mr.Mauch: Can I make a comment? Mr. Coston: Just a minute. It has been moved by Commissioner Plumlee and seconded by Commissioner Schoonover. The vice commissioner would like to have something to say first,and then Mr. Mauch. Ms. Byler: Thank you for coming. And this is an important application to me. When I saw it coming, I was very concerned about it because I sat here a year ago when Mr. Jester and Mr. Bourdon presented this, and I'm sorry, I don't remember if Mr. Staub was here at that time or not. But President Staub's comments today were concerning to me because they sounded genuine. But I remember what was said last year, and what was said last year was the urgent need for 62-plus, and memory care and assisted living at the oceanfront. So today, I'm hearing earnest comments that eliminate. The memory care and eliminate the assisted living, so that doesn't really match up. Also, I remember last year there was zero public outreach, and there was significant opposition 'from the houses. In the back, saying, "do not close 33 1/2 Street." And the applicant stood here and said, "We're not going to close 33 1/2 Street. We wouldn't do that." And now here you are back, saying we're closing thirty, third and a half Street. So this application does concern me. Having said that, I think it's a good project. Yes, we need. Yes, we need 62-plus housing. We need housing, and the height doesn't concern me. The fact that you're reducing the height does not concern me. To me, it's not really a benefit. Because Mayflower is way taller, the Navy did not object to it,and our COMP plan, which we all worked really hard on and was adopted last April, says we need to go taller, We need infill. So I don't really see that yes or no. I'm concerned that Mr. Bourdon said This is the first I've heard of a sidewalk,because there should have been a dialogue going on. The developer should know what the people behind them feel about this. So I am torn on this. I will probably support it because it's needed,but I don't like a lot of the things about it, and I do hope the public doesn't lose trust in us in what was said last year and how it matches up with what was said this year. Mr. Mauch: Thank you, Mr. Mauch. If the motion maker and the seconder would like to have a friendly amendment, because we. We received in our packet today an updated condition sheet, just with language for number two,And that was,I believe,updated by the applicant's attorney for application number nine. And it's the second condition. It just rewords it a little bit to, I guess, clarify. It was in this packet that had, I mean, in the form, that had an email in either opposition or support of the same project. And then, on the last page,there was an updated condition sheet. I would just like to use these conditions. Because I think that was the intent of cleaning it up, as well as cleaning up for council. By the time it gets there, so it doesn't have to be cleaned up,and it's a clear motion from us to reflect Commissioner Camp's condition number five of the 730 days. And then it goes on to say, one year. If we could strike one year and put 730 days to mirror what it says prior to, I don't have any other issues with it. I just wanted to make it clean. Everybody, I'd like to take a second to look at that, and while I've got the microphone on, I will make some comments. In the next 10 years, I do believe that senior housing is going to be one of the biggest things that we face in our community as our population ages here. And I think this is a very important project that is a necessity. And in the future, we're going to need to see more projects that are addressing this need. So I will be in support of it. I do hope that the consideration of the community is taken into account, and I do understand that there's a good faith effort to try to participate in the cost sharing. Participation for a lot of other factors that are in this proposal here that are not specifically due to this site's conditions. So thank you for that,and I will be voting to approve this, but if everybody,if the motion maker and the seconder had an opportunity to take a look at it,if they would. Mr.Plumlee: I don't have any objection to modifying it. We're at the top of the sheet. This grade area, it appears, it's agreeable with the applicant for this change, and also with regard to that's condition two and condition five, that that be modified. So the language should be appropriate, two years. That's fine. Mr. Coston: Thank you. Are we ready for the vote? Cleric: Right. The vote is open. As a reminder, you may need to refresh your tablets to access the voting actions. By a recorded vote of 11 to 0, Items 9 and 10, 33rd Street, LLC, has been recommended for approval as modified. Mr. Bourdon: Thank you all very much. Mr. Coston: All right. Before we move to the next item. We'd like to have a five-minute break or so. Vote Tali Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions for the Street Closure 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat shall include the dedication to the City of Virginia Beach for right-of-way purposes of an approximately 32' strip of land along the southwest side of the applicant's property between the south side of the area proposed for closure and the north side of 33ra Street, subject to the approval of the Department of Public Works and the City Attorney's Office. 3. Prior to the recordation of the final plat, the final infrastructure design showing the rerouting of public stormwater and utilities, including any required variances, shall be approved by the departments of Planning, Public Works, and Public Utilities. Approval of the street closure request shall not constitute approval of the final infrastructure design or any associated variances. 4. There appear to be private utility facilities located within the Right-of-Way proposed for closure; therefore, the applicant shall provide written agreement with the appropriate utility company regarding the utility company's approvai of the relocation of the facilities located within the area proposed for closure and, if required by the utility company, shall provide an easement satisfactory to the appropriate utility company for the relocated facilities. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within 730 days of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Conditions for the Modification of Conditions 1. Conditions attached to the existing Special Exception for Alternative Compliance approved by the Virginia Beach City Council on February 18, 2025, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled "Beach Tower independent Living Facility," dated June 24, 2026, and prepared by Cox, Kliewer& Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, building materials, and color schemes of the structure shall be in substantial conformance with the submitted elevations entitled, "Beach Tower Independent Living Facility," dated June 24, 2026, and prepared by Cox, Kliewer& Company, P.C.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, 4. If developed in accordance with this Alternative Compliance request and the conditioned plans, the project area is only to be used as a Senior Living Facility with an age-restriction of 62 years and older. If a change in use is requested after developing the site in accordance with this Alternative Compliance request, an additional Alternative Compliance will be required for the change in use. 5. If developed in accordance with this Alternative Compliance request and the conditioned plans, the overall density of this project shall be limited to 130 independent living units. 6. 8 bicycle parking spaces shall be provided and maintained on-site. Bicycle spaces shall be designed to accommodate electric as well as manual bicycles. 7. The final design of the structure shall include provisions for screening the parking adjacent to the proposed relocated alley, such that visibility and sight-distance requirements are met. Said screening shall be subject to the approval of the Department of Planning and Community Development and the Department of Public Works during the site plan approval process. 8. The applicant shall contract with a professional cultural resource management firm to perform and prepare an intensive level architectural survey to Virginia Department of Historic Resources standards for the historic Jefferson Manor building. A copy of the final report, including photographs and associated materials, shall be provided to the Virginia Beach Historic Preservation Commission in both digital and hard copy format. 9. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet al!applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Outlook 33 112 Street Closure From James Westcott <jewestcott@ymail.com> Date Tue 6/30/2026 11:03 AM To Kara Mclane <KMclane@vbgov.com> CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Greetings Kara, I hope this correspondence finds you well. I am writing to you today regarding the proposed Beach Tower development planned for Pacific Avenue, 34th Street, and 33rd Street, specifically concerning the potential implications for local infrastructure and community access. My understanding, based on the planning & community development notice, is that a key proposal involves the closure of 4,360 square feet of public access for private development. My primary objective in reaching out is to request copies of the staff reports and site plans. A particular area of concern arising from the proposed closure of 33 1/2 Street pertains to pedestrian connectivity and safety. Eliminating this thoroughfare would necessitate a substantial detour for residents attempting to access 34th Street from 33 1/2 Street, effectively cutting off direct foot traffic and potentially impacting accessibility for many. While traversing the Mayflower parking lot might appear to be an alternative, it is neither a designated nor a safe pedestrian route, and therefore not a viable long-term solution. Forty-two different homes depend on the 33 1/2 street alley to acces thier garage and parking spaces. Many of us are 62 and older, and some have mobility challenges. It is imperative that any development plan incorporates a dedicated, safe, and accessible ADA pedestrian pathway directly connecting the terminus of 33 1/2 Street to 34th Street. This would ensure continued ease of movement for residents and mitigate the negative impact of the proposed street closure and increased vehicular traffic. Any other route would be more than three times the current distance that the current neighbours travel to reach 34th & Pacific Avenue. We are asking for your support to add a sidewalk between the Mayflower parking lot and new Beach Tower development. Sincerely, James JAMES E. WESTCOTT 316 B 34th Street Virginia Beach,VA23451 Jewestcott@ymall.com JAMES E. WESTCOTT James and Andrea Westcott 316 Unit B 341"Street Virginia Beach,VA 23451 JewesteottQyinail.com 757-771-1126 July6,2026 Virginia Beach Planning Commission Municipal Center—Building 3 2403 Courthouse Drive Virginia Beach,VA 23456 Re: Request for Sidewalk Installation and Easement as part of 33 V2 partial street closure approval. Dear Planning Commissioners, I am writing to request as a condition of approval for the partial street closure&modification on 33 'h street,a sidewalk be added to the development plans submitted by 33rd Sheet L.L.C. for construction of the new Beach Tower.The closure of 4,360 square feet of city right away will eliminate the direct pedestrian route to Pacific Avenue and increase the distance to the corner of 34'h Street and Pacific Avenue by three times. Forty-two homes back up to 33 '/2 street between Arctic&Pacific Avenues. Twenty-three new homes have been added to 34& 33 %s streets over the past 10 years and 153 are scheduled in this area over the next 24 months. Pedestrian activity has increased significantly, and the absence of a designated walking path between 33 '/z street to 34'h street presents a clear safety concern for residents,visitors, and individuals walking from their homes to the nearby businesses, boardwalk, and beach.Many of us are 62 and older with limited capabilities. The new right away connecting the old portion of 33 '/2 street to 33ed street will incorporate two curb cuts for the Beach Tower parking garage, along with current traffic creating a dangerous pedestrian environment. With the additional traffic generated by this and other ne,.v development, pedestrians will be placed at unnecessary risk if no sidewalk is provided. A properly designed sidewalk would offer safe passage, improve walkability,and support the city's Resort Area Mobility Plan. I respectfully ask the Commission to require 33rd Street L.L.C. to incorporate a sidewalk along the west property line between the beach tower and Mayflower parking lot and along the south side of the Mayflower parking lot as part of the approved plans. This addition would greatly enhance pedestrian safety and contribute to a more functional and community-oriented development. Thank you for your consideration and for your continued commitment to responsible planning in Virginia Beach. Sincerely, James &Andrea Westcott Outlook Beach Tower Project- resent From susan reed <spreed@cox.net> Date Sun 7/5/2026 1:33 PM To Kara Mclane <KMclane@vbgov.com> CAUTION,This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Resending as there was a typo in the earlier email sent Kara, I live in unit 102 at 312 34th St. which is adjacent to the Mayflower Parking Lot. I was very involved in voicing our concerns when this project was first proposed. In regard to Items 9 and 10 on the July 8 Planning Commission meeting, I am requesting that you provide the Planning Department and Commission members with the following request and concern and that this email be included in the packet for the Wednesday meeting. 1. The Applicant is requesting that the alley, which currently provides many of my neighbors and me with direct access to Pacific Ave, be closed off. We are requesting that the project include a walkway or a sidewalk on the west side of the property which will connect the alley to 34th St. so we can access 34th St. and Pacific Ave. from our driveways, without having to walk up to Arctic Ave. and around the block to get there. We understand that access to 33rd St. from the alley will be provided by the proposed new dedicated right of way. 2. We are concerned about structural damage to the surrounding properties and would like the Applicant to commit to repairing any damage to surrounding properties its conduct causes, specifically, any damage attributable to pile driving, in addition to considering newer technology which pre-drills holes for pilings, as was done at Westminster Canterbury. Before the meeting on July 8 could you please provide me with the following: 1. A copy of the Density Study provided by the Applicant, 2. A copy of the Joint Review Process Group report dated June 1, 2026, and 3. The minutes if available from the site review that was conducted. Much has been stated in the staff report regarding the improved walkability of Pacific Avenue.From the staff report to include ....."enhanced corners and special paving to improve walkability along Pacific Avenue,33rd Street,and 34th Street,"But still no mention has been made regarding trying to cross Pacific Avenue which all can agree is a dangerous proposition. In our neighborhood meeting,this issue was raised and a suggestion was made that the developer would contribute to install an active pedestrian crosswalk signal or traffic light at 34th st.With the addition of over 200 senior citizens, plus another 50 or so citizens from an adjacent Bishard development on 34th street, as advertised will try to make their way to the Boardwalk.Along with the added volume of cars generated by the new parking garage at 35th street, one could even consider this like a school zone and reduce the speed limit along this stretch of Pacific. It has taken over 3 years for the Hawk signal to be installed at the Cavalier, I trust it will not take as long to provide some relief in this portion of Pacific Avenue.. Thank You for your consideration ROBERT J. FATOVIC' AIA SPORTS PLANNING CONSULTANT 404 33 1/2 Street Virginia Beach,VA 23451 703.582.8095 ��ra�Fu r ,eit. c" x , c' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 33R1 STREET, L.L.C. [Applicant & Property Owner] Modification of Conditions to a Special Exception for Alternative Compliance (Request to construct an 85-foot senior living facility) for the property located at 3300 & 3330 Pacific Avenue, 305 33rd Street, property east of 3300 Pacific Avenue, property west of 305 33rd Street (GPINs 2428020963, 2418929868, 2428020835, 2418939083, 2418928882). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 18, 2026 ■ Background: The applicant is requesting to modify the conditions associated with the 2025 City Council approval for Special Exception for Alternative Compliance. This proposal will deviate from the prescribed form of the Oceanfront Resort District Form-Based Code to develop a 7-story, independent-living, senior apartment building. The property is zoned OR Oceanfront Resort District (ORD) and is within the Resort Area Strategic Growth Area, as well as the 70-75 dB AICUZ noise zone. The development will include 130 apartment units, internal structured parking with 159 automobile spaces, ground-floor amenity and office space, and residential amenities such as a pool and rooftop deck. Per the Height Map of the Oceanfront Resort District Form-Based Code, the subject property is limited to a height of 35 feet, with a possible increase in height up to 42 feet permitted through Optional Forms of Development. As stated in Sec. 7.3 of the Form-Based Code, the City Council may approve special exceptions for Alternative Compliance if a greater deviation in height than that permitted through the Optional Form is proposed, if the applicant demonstrates that no increase in density will result from the additional height in excess of the maximum shown on the Height Map. The current request represents an overall reduction in the height from the 12-story, 158.5-foot-tall structure approved in 2025 to the 7-story, 85-foot- tall structure proposed. This request is part of the larger Beach Tower project, which includes a Street Closure request to close and reroute the westernmost position of 33rd % Street. ■ Considerations: Within the Oceanfront Resort District Form-based Code (ORD FBC), an increase in a site's maximum permitted building height beyond what can be administratively approved can only be permitted through an Alternative Compliance request. Furthermore, the request can only be approved if it is found that the proposed 331d Street, LLC Page 2 of 4 increase in height does not result in a greater density than could be achieved under the prescribed height limits of the Code. The consideration of density that allows for increases in height in the Oceanfront Resort Area is part of an ongoing agreement with the Navy that enables greater flexibility in use and design while reducing the overall density that could have been achieved prior to the adoption of the Form-Based Code. This request was considered by the Joint Review Process Group on June 1, 2026, and it was found that the proposed development does not result in a higher density than could have been achieved under the prescribed 35- foot height limitation. This was demonstrated through a density study that evaluated the theoretical buildable area using the prescribed form against the proposed residential floor layouts. Although the development does not strictly adhere to all requirements and recommendations found in the ORD FBC or the Resort Area Strategic Action Plan (RASAP), the proposal will provide much- needed senior housing, contribute to the aspirational goal of a year-round resort, reduce surface parking, and promote alternative forms of transportation. Staff received two letters of concern and two letters of opposition related to the request. Additionally, there were two speakers in support and two speakers with concerns at the Planning Commission hearing. Those with concern or opposition noted potential impacts to pedestrian safety and property damage during construction. Several speakers expressed a desire to have a continuous sidewalk from the relocated alley to 34th Street. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Opposition was present at the public hearing. ■ Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. Conditions attached to the existing Special Exception for Alternative Compliance approved by the Virginia Beach City Council on February 18, 2025, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled "Beach Tower Independent Living Facility," dated June 24, 2026, and prepared by Cox, Kliewer & Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, building materials, and color schemes of the structure shall be in substantial conformance with the submitted elevations entitled, "Beach Tower Independent Living Facility," dated June 24, 2026, and prepared by Cox, Kliewer & Company, P.C., which has been exhibited to the Virginia 33rd Street, LLC Page 3 of 4 Beach City Council and is on file in the Department of Planning and Community Development. 4. If developed in accordance with this Alternative Compliance request and the conditioned plans, the project area is only to be used as a Senior Living Facility with an age-restriction of 62 years and older. If a change in use is requested after developing the site in accordance with this Alternative Compliance request, an additional Alternative Compliance will be required for the change in use. 5. If developed in accordance with this Alternative Compliance request and the conditioned plans, the overall density of this project shall be limited to 130 independent living units. 6. 8 bicycle parking spaces shall be provided and maintained on-site. Bicycle spaces shall be designed to accommodate electric as well as manual bicycles. 7. The final design of the structure shall include provisions for screening the parking adjacent to the proposed relocated alley, such that visibility and sight-distance requirements are met. Said screening shall be subject to the approval of the Department of Planning and Community Development and the Department of Public Works during the site plan approval process. 8. The applicant shall contract with a professional cultural resource management firm to perform and prepare an intensive level architectural survey to Virginia Department of Historic Resources standards for the historic Jefferson Manor building. A copy of the final report, including photographs and associated materials, shall be provided to the Virginia Beach Historic Preservation Commission in both digital and hard copy format. 9. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Concern or Opposition (4) 3311 Street, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �— Submitting Department/Agency: Planning Department City Manager: (99�) Agenda Item 10 A•. • Street, LLC Property • • Street, LLCVB ' • • ' • 1 . Councili City • Project Details West Request Multi-family dwellings/A-12 Apartment &A-18 Modification of Conditions (Alternative Compliance Apartment to construct an 85-foot senior housing facility) Staff Recommendation / F ''a�"15' A\ Approval Sty r�6o Staff Planner `y ry �m,w iY%, ibmSS Kara McLane % .� Location Portion of 33rd % Street, west of Pacific Avenue - F _ i block on the west side of Pacific Avenue GPIN )3P0 2428020963; 2418939083; 2418929868; � - 2418928882; 2428020835 '' � ��---------- Site Size 1.28 acres " AICUZ 70-75 dB DNL Watershed at Atlantic Ocean t Existing Land Use and Zoning District Vacant land, parking lot, office/OR Oceanfront { Resort I ? Surrounding Land Uses and Zoning Districts X North " Multi-family dwellings/OR Oceanfront Resort j . 34Ih Street ( f South Office /OR Oceanfront Resort j 33R.owr-� 33rd Street East Municipal parking garage, retail /OR Oceanfront Resort Pacific Avenue 33rd Street, LLC Agenda Item 10 page 1 of 23 Background SummaryofProposal • In 2025, the City Council approved an application for Special Exceptions for Alternative Compliance to the Oceanfront Resort District Form-Based Code (ORD FBC) for the Beach Tower development, at the subject property. This previous approval permitted a 12-story senior living facility with a mix of independent living apartments, assisted living units, and memory care residences, along with supportive amenities. • This application is part of the larger Beach Tower project, which includes a Street Closure request (2026- PCCC-00034) to close and reroute the westmost portion of 33rd %Street, to be acquired by the applicant. • The property is zoned OR Oceanfront Resort District and is located within the AICUZ 70-75 dB noise zone, and the Resort Area Strategic Growth Area (SGA). • The maximum height permitted through the prescribed form of the ORD FBC is 35-feet, with a permitted increase to 42-feet through an administrative approval process in accordance with the Optional Form provisions found in Section 7.2.2 of the ORD FBC. The current request represents an overall reduction in height from the 12-story, 158.5-foot-tall structure approved in 2025 to the 7-story, 85-foot-tall structure proposed with this request. • The proposed facility will include 130 independent living apartments, with a mix of one-, two-, and three- bedroom units, for seniors ages 62 and older, with supportive residential amenities including an outdoor pool and rooftop deck. Ten of the proposed units will be affordable, while the remaining 120 units will be market-rate.The assisted living and memory care units approved with the 2025 application have been removed with this proposal. • Structured parking is proposed on the first and second stories, for a total of 159 automobile parking spaces. Spaces for low-speed vehicles and bicycle parking are also provided. To activate the ground floor, office and amenity space for the facility are proposed along the Pacific Avenue frontage. Additionally, the proposed affordable units will occupy space on the second floor, again, fronting Pacific Avenue. • Within the Oceanfront Resort District Form-based Code, an increase in a site's maximum permitted building height beyond what can be administratively approved can only be permitted through an Alternative Compliance request. The request may only be approved if it is found that the proposed increase in height does not result in a greater density than could be achieved under the prescribed height limits of the code.This consideration of density is part of an ongoing agreement with the Navy that enables greater flexibility in use and design while reducing the overall density that could have been achieved prior to the adoption of the Form-Based Code.This request was considered by the Joint Review Process Group (JRP) on June 1, 2026, and it was found that, based on criteria established for increasing height through the Alternative Compliance request, the proposed development does not result in a greater density than could have been achieved under the prescribed 35-foot height limitation.This was demonstrated to the satisfaction of the JRP group through a density study that analyzed the theoretical buildable floor area using the prescribed form with the applied residential floor area of the proposal. 33rd Street, LLC Agenda Item 10 page 2 of 23 HistoryZoning Map Key No. RequesttKs� 1 ALT (150.5-foot-tall senior living facility) Approved 02/18/2025 OR($ -OR) STC (Air-rights) Approved 2 02/18/2025 A18 sZ ail NON (Expansion to existing non- 3 conforming dwelling) Approved 01/14/1997 O� TR-t R) 1�2 r 3 424 33R�SS Application Types J/ 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 • • • This proposal will modify conditions attached to a previously approved application for Alternative Compliance to redesign the structure and remove the assisted living and memory care components of the previous approval.The Beach Tower project will remain a senior-living facility, with residents limited to those ages 62 and older,with all units being used for independent living. The redesigned structure will be 85 feet tall (7 stories) as opposed to the previously approved 158.5-foot height (12 stories). The Oceanfront Resort District Form-Based Code (ORD FBC) provides flexibility through the Alternative Compliance process to accommodate unique uses and development forms that contribute to the stated goals and objectives of the Resort Area Strategic Action Plan (RASAP 2030), per Sec. 7.3 of the ORD FBC. Although the proposed project does not fully align with all the prescribed forms of the code, including overall height, parking structure design, and setbacks, Staff has found that the use is consistent with the form and character of the Resort Area and provides much-needed senior housing,thus contributing to the aspirational goal of a year-round resort. Additionally, this proposal represents a significant investment in the Resort Area, aligning with the broader vision of the Resort Area Strategic Action Plan (RASAP). Situated along Pacific Avenue between 33rd and 34th Streets, the project will create a vibrant senior living community. This project is designed to cater to residents aged 62 and older, to foster year-round activity and economic vitality in the Resort District. The proposed 33rd Street, LLC Agenda Item 10 page 3 of 23 Beach Tower project aligns with many of RASAP's goals, including creating pedestrian-oriented streetscapes, reducing surface parking, and encouraging alternative modes of transportation; however, the proposal presents challenges that require careful consideration. The 7-story building height, which necessitates this Alternative Compliance request, far exceeds the 35-foot prescribed height limitations for a property located west of Pacific Avenue and adjacent to the Seapines Station neighborhood. There are also more minor aspects of the project that do not conform to any one set of Building Forms in the Code.These challenges have been recognized and addressed through several conditions that staff recommend be applied to this Alternative Compliance project. This section will evaluate the proposed development against the requirements for Alternative Compliance application type, focusing on how it does or does not align with the stated goals of RASAP and potential impacts on the surrounding area. Pursuant to Section 7.3.3 of the ORD FBC, the following 'Review Standards' have been set for applications seeking Alternative Compliance, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies these standards. Each of these standards is listed below with a Staff comment pertaining to the degree to which the proposal meets each: Promotes modes of transportation other than the automobile, including walking, biking, and transit. Staff Comments:The Beach Tower project promotes alternative modes of transportation by providing wide sidewalks, short- and long-term bike storage, and low-speed vehicles for use by its residents. Its location along Pacific Avenue and 33rd Street is within walking and biking distance to the Virginia Beach Boardwalk, 315t Street shops, and nearby retail shops and restaurants, allowing residents to access these amenities without relying on personal vehicles. Additionally,the project's integration with trolley routes and proximity to public transit options further support multimodal transportation. However, the inclusion of 161 parking spaces indicates that automobile use remains a priority for the development, which may conflict with broader efforts to reduce car dependency in the Resort Area. This condition is not unique to this development, nor development within the city, where dependency on the personal automobile is a necessary aspect of living in Virginia Beach; however, this project does present an alternative for its residents. Additionally, the proposal will redevelop two surface parking lots and incorporate structured parking, thereby reducing surface parking as recommended in the RASAP. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: The Beach Tower's design includes active frontages along Pacific Avenue and 34th Street, which contribute to a pedestrian-friendly streetscape. Architectural transparency, landscaping, and setbacks enhance the building's visual interest and create a welcoming environment for pedestrians. The use of hand-scaled breeze block material on the 33rd Street frontage adds pedestrian interest in an area without an active ground-floor use. However, the 7-story building with a height of 85 feet is significantly taller than existing structures in the low-density residential neighborhood, Seapines Station, located to the west of the project. This conflict in height could potentially create a sense of imbalance at the pedestrian level. The project features a relocated 33rd % Street alley between the residences to the west and the 33rd Street, LLC Agenda Item 10 page 4 of 23 proposed structure, which will help visually buffer and separate the structure. With that being said, staff acknowledges that the prescribed height of 35 feet does present a general scaling issue since the prescribed height for parcels on the east side of Pacific Avenue in this area is 110 feet. As such, staff believes the proposed height of 85 feet will create a transition between the taller structures on the east side of Pacific Avenue and those on the west side of Pacific Avenue. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: The proposed senior living community diversifies residential housing options in the Resort Area by providing dedicated independent living units.This focus on year-round residents helps stabilize the local economy and supports nearby businesses.The development introduces a compatible use that complements the surrounding hospitality and retail offerings, contributing to a vibrant mixed-use environment. While the project aligns with a specific market need, namely senior housing, rather than providing a more varied residential mix, it contributes to the overall variety of housing options in the Resort Area. Staff recognizes the impact the loss of the Jefferson Manor Motel Apartments has on preserving and maintaining the history of the Resort Area.The Jefferson Manor Motel Apartments have been demolished in accordance with the 2025 approval. In regard to the loss of an invaluable historic resource, Staff is recommending Condition 5 from the 2025 approval be retained with this request, as recommended Condition 8, to require that the historic Jefferson Manor Motel Apartments and site be properly surveyed and documented. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments: The project aligns with the general intent of the ORD FBC's street frontage regulations, particularly by enhancing pedestrian activity along Pacific Avenue and 33rd Street. Its active frontages, wide sidewalks, and landscaping encourage walkability and create an attractive public realm. While the proposed height deviation exceeds the prescribed standards, it is consistent with adjacent high-rise developments along the east frontage of Pacific Avenue and contributes to the evolving urban character of the area. Is physically and functionally integrated with the built environment in which it is located. Staff Comments: The Beach Tower's design complements nearby developments, such as the Cavalier Resort and 31st Street projects, helping to create a more cohesive urban fabric.The project replaces an older office building with contemporary architectural and landscaping features that integrate well with the proposed improved streetscape. The transition between the higher-density Beach Tower and the lower- density areas to its west requires careful consideration to ensure the proposed development does not negatively impact the adjacent Seapines Station neighborhood. There is no doubt that the properties included in this development are physically between the high-rises of the oceanfront and the low-density of the adjacent neighborhood, which makes any development of this property, by-right or discretionary, a challenge to balance.The project leverages enhanced landscaping, right-of-way improvements, and a more � 33rd Street, LLC Agenda Item 10 page 5 of 23 thoughtful consideration of the holistic design of the site and architecture that staff believe improves the physical and functional integration with surrounding properties. Advances the goals and objectives of the parking strategy for the District. Staff Comments: Current renderings show reduced screening along the relocated 33rd % Street, which would visually expose the ground-level parking area to the adjacent neighborhood and alley. Staff has recommended Condition 8 to require the final screening design to be reviewed and approved by both the Department of Planning & Community Development and the Department of Public Works to ensure the intent of the screening is met while still meeting visibility and safety standards. Additional deviations to the prescribed form of the ORD FBC include the use of high quality screening materials adjacent to 33rd Street in lieu of an active use and the placement of parking ramps on the perimeter of the parking structure. Staff finds these deviations acceptable through administrative review for Optional Forms of Development. Generally,though, by eliminating surface parking lots and consolidating 159 parking spaces into a structured facility, the Beach Tower supports the Resort Area Mobility Plan's (RAMP) goal of reducing visible car storage. Additionally, the provision of bikes and low-speed vehicles for residents aligns with efforts to promote alternative forms of transportation. While the inclusion of such a significant number of parking spaces reflects a continued reliance on automobiles, providing on-site parking alleviates the potential for overflow parking to impact adjacent neighborhoods. Staff finds that the proposed project will have no detrimental effect on the parking strategy for the Resort Area, as it not only accommodates all required on-site parking for the senior living facility, but also provides its residents with alternatives to moving around the Resort Area itself without the need for a personal automobile. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments: The height deviation, while consistent with nearby high-rise structures, may impact sunlight, privacy, and views for neighboring properties, especially those in the Seapines Station neighborhood directly adjacent to the west. However, the relocated alley helps to mitigate these effects, and the height aligns with the evolving character of Pacific Avenue. During construction, the noise, dust, and increased activity may temporarily disrupt the neighborhood, especially the use of 33rd %2 Street alley that feeds neighboring properties. Adherence to strict construction management protocols can minimize these impacts. Additionally, the project introduces a stable population of senior residents who are unlikely to generate significant traffic or noise, reducing potential long-term disruptions to the area. Given this, staff does not believe the proposed use will be a detriment to surrounding properties nor the Resort Area in general. While the proposed Beach Tower project poses some challenges, including its height deviation, reliance on parking, and the loss of the historic Jefferson Manor Motel Apartments, it does align strongly with the RASAP's goals of revitalizing the Resort Area with pedestrian-friendly design, diverse housing options, and improved urban aesthetics. Through thoughtful design and by implementing proactive mitigation strategies, this project 33rd Street, LLC Agenda Item 10 page 6 of 23 represents a valuable addition to the Resort Area. Given these considerations, Staff recommends approval of the proposal with the conditions listed below. Recommended Conditions 1. Conditions attached to the existing Special Exception for Alternative Compliance approved by the Virginia Beach City Council on February 18, 2025, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled "Beach Tower Independent Living Facility," dated June 24, 2026, and prepared by Cox, Kliewer& Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, building materials, and color schemes of the structure shall be in substantial conformance with the submitted elevations entitled, "Beach Tower Independent Living Facility," dated June 24, 2026, and prepared by Cox, Kliewer& Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. If developed in accordance with this Alternative Compliance request and the conditioned plans,the project area is only to be used as a Senior Living Facility with an age-restriction of 62 years and older. If a change in use is requested after developing the site in accordance with this Alternative Compliance request, an additional Alternative Compliance will be required for the change in use. 5. If developed in accordance with this Alternative Compliance request and the conditioned plans, the overall density of this project shall be limited to 130 independent living units. 6. 8 bicycle parking spaces shall be provided and maintained on-site. Bicycle spaces shall be designed to accommodate electric as well as manual bicycles. 7. The final design of the structure shall include provisions for screening the parking adjacent to the proposed relocated alley, such that visibility and sight-distance requirements are met. Said screening shall be subject to the approval of the Department of Planning and Community Development and the Department of Public Works during the site plan approval process. 8. The applicant shall contract with a professional cultural resource management firm to perform and prepare an intensive level architectural survey to Virginia Department of Historic Resources standards for the historic Jefferson Manor building. A copy of the final report, including photographs and associated materials, shall be provided to the Virginia Beach Historic Preservation Commission in both digital and hard copy format. 9. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department 33rd Street, LLC Agenda Item 10 page 7 of 23 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. Previous Conditionsfrom 125 Special Exceptionsfor • • 1. The site shall be developed in substantial conformance with the submitted concept site plan, floor plan, and architectural elevations, entitled "Beach Tower, Marlyn Development", prepared by Cox, Kliewer& Company, P.C., and dated October 15, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. All 97 independent living units shall be developed as presented in the conceptual floor plans in regard to the bedroom/unit breakdown and floor area. 2. The site shall be developed in substantial conformance with the submitted concept landscape plan, entitled "Beach Tower, Conceptual Landscape Plan", prepared by Timmons Group, and dated September 30, 2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. However, final approval of specific planting species shall be subject to the Development Service Center's Landscape Architect. 3. If developed in accordance with this Alternative Compliance request, and the conditioned plans, the project area is only to be used as a Senior Living Facility with an age-restriction of 62 years and older. If a change in use is requested after developing the site in accordance with this Alternative Compliance request, an additional Alternative Compliance will be required for the change in use. 4. If developed in accordance with this Alternative Compliance request, and the conditioned plans, the overall density of this project is limited to: a. 97 Independent Living Units b. 27 Assisted Living Units c. 8 Memory Care Units S. Prior to demolition of the historic Jefferson Manor Motel Apartments, the applicant shall contract with a professional cultural resource management firm to perform and prepare an intensive level architectural survey to Virginia Department of Historic Resources standards for the historic Jefferson Manor building. A copy of the final report, including photographs and associated materials, shall be provided to the Virginia Beach Historic Preservation Commission in both digital and hard copy format. 33rd Street, LLC Agenda Item 10 page 8 of 23 Comprehensive • • From a Comprehensive Planning standpoint, the proposal may be consistent with the Resort Area SGA and City Center Core Place Type because it adds residential density and intends to include some affordable units, and RASAP goal seeks to ensure that 15/20%of residential development is affordable. The reduced height from the previously approved structure is also positive. However, the design could be further refined to better respond to the surrounding two-story context, reduce mass, and strengthen the Pacific Avenue streetscape. While higher-intensity development is anticipated in the City Center Core, setbacks, facade modulation, material variation, upper-story recesses, and stronger articulation could be incorporated, particularly along side and rear frontages. Given the prior demolition of a historic building, the new structure should provide a more sensitive architectural response through high-quality materials, compatible detailing, and massing that reflects the established Resort Area character. The Pacific Avenue frontage should also be more active; structured parking should be screened, ground-floor commercial uses are recommended, or alternatively, transparent lobby, amenity, or community spaces could be maximized near corners and primary entrances. Parking, loading, utilities, and service areas should remain integrated and screened, and the streetscape should include native landscaping, street trees, shade, seating, pedestrian-scale lighting, enhanced corners, and special paving to improve walkability along Pacific Avenue, 33rd Street, and 34th Street. ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed. There are known historic or cultural resources that will be affected by this project. As part of the larger Beach Tower project, the Jefferson Manor Motel Apartments (VLR Reference Number 134-5383), a historic resort- oriented efficiency apartment unit, has been demolished.The resource is listed on the Virginia Landmarks Register and the National Register of Historic Places. There are no deeded or codified protections to this historic resource. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Approved Land Use 2-422 ADT Pacific Avenue 23,700 ADT' 25,100 ADT'(LOS°"D") Proposed Land Use 3-423 ADT ' Average Daily Trips 'As defined by 130 'LOS = Level of 2As based on 2025 independent living Service approval unit count units 33rd Street, LLC Agenda Item 10 page 9 of 23 Master Transportation Plan(MTP)and Capital Improvement Program(CIP) In the vicinity of this application, Pacific Avenue is a 4-lane minor urban arterial with an 80-ft (80') right-of-way width. 33 d Street and 34th Street are both two-lane local roadways. No roadway CIP projects are currently scheduled for this area. Active Transportation Plan No data available. ImpactsPublic Utility Water This site is connected to City water. There is an existing 8-inch city water main along 33rd Street. There is an existing 12-inch city water main along Pacific Avenue. There is an existing 6-inch city water main along 34th Street. The proposed development must connect to city water with a single point of service. Residential and commercial uses must be metered separately. Sewer This site is connected to City sanitary sewer. There is an existing 8-inch city gravity sanitary sewer main along 33rd Street. There is an existing 21-inch city gravity sanitary sewer main along Pacific Avenue. There is an existing 8-inch city gravity sanitary sewer main along 33rd %Z Street.The proposed development must connect to City sanitary sewer with a single point of service. With the closure of 33rd % Street, portions of the City sanitary sewer main must be abandoned and redirected to maintain service to the surrounding properties. Details of the design will be determined during site plan review. Public Outreach Information Planning Commission • The applicant/applicant's representative met with the Planning Design Review Committee of the Resort Advisory Commission on June 2, 2026, to discuss the details of the request. According to the applicant, the group voiced no opposition to the proposal. No letter of recommendation was provided to Staff as a result of this meeting. • The applicant/applicant's representative met with the Senior Housing Advisory Commission on May 26, 2026 to discuss the details of the request. According to the applicant, questions were raised and answered pertaining to emergency service access to the building and safety plans for residents who cannot use stairs. • The applicant reported that they met with the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. 33rd Street, LLC Agenda Item 10 page 10 of 23 • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 24, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on July 1, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 4, 2026 and August 11, 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 August 3, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on August 14, 2026. 33rd Street, LLC Agenda Item 10 page 11 of 23 u o cn a J + 3 4! :t4-1 c i -1 V D C Q) Q cn en _.._.._.._.._.._.._.._.._.._.._.._.. __.--•--._.._.._.._.._.._.._.._ m Q DATA: � r ICI ... .... AUAC ' ' S31 .-s O..SIDRF cgwCNel.0." .It� I � 1 /F�OtYR`MNDg4,T8115�81 I A # i I •,mil-Yw•IalM1�V�N18110.T:i DLLRCMT f4l�.T fe )W UWIS(YJ%; � i ,000N�T6TOfAL � MARLYN _ . .._..-------••—•.—•--.._.._.._.._..—•--.---. DEVELOPMENT STORAX # ! Y�.,�I��II. I ONOil.0 F,(f(W,d,&yp(iCGCY.DITI(MkO.].0>54G DARAC,E�SJP�:]p" # _A • # � � SECO,O FIAW i.'IS GBF WIdigMFG.3i./206F CMirucc l6U`IOgTi PNtOI,�ES ! # w �p�' � M>A9!i$FOMI9B,IRCLLONCa WIP,ONIk5lPfli UN'.�r-.tXIM) n ; # .) rsa sruwnr�Agn i� 1 • I I _r 1 TTT I ; lr - - - 'a - - - 6y - - -�-1 b I " I P 5T. 0 I# -i R. S 1. m J mTACE• —o— J o a � c o a # A. . SVE E7 AND l� PACFIC AVENUE Y—I'A( A ! 1 I MAY 19.2026 — I ADMIN OFFICES AMENITY I SUPPORT PRELIMINARY OVERALL SITE(GROUND FLOOR PLAN PACIFIC AVENUE A Q Proposed Floor Plan (Second Floor) C • o • -- — o r,• • n • . na I, 2 It� ... •I t I i 0 0 C F n L i !� c n 1351 1 r i I z I I CO • t • I L.._:, �_.._.._.._.._.._,._. - - — �__�.._.._.._.�_.__._�.._., I. i.. QM v m 2 0 Y Rt T. N 0� ° mZ 1 N 33rd Street, LLC Agenda Item 10 page 13 of 23 U o rn J e—i t V E O (u N - t10 O " N Q _.._.._.. .. .._.. .. .__. _.._.._.._.. .._.._.._.. Q CA _ DATA: A:.iCY �. SH1pnIf8 CW SSiCMir CONCAFTE PbPMBA 1-. � ' I AAi(%VANFtM1T81�UWt81 ( � •J-8TU{Np 1ptlte t,t lii j •�-�B0.UHt91{T11 i �� YNWCT M1E UMTS�,p UNITS) �. d I .ii-i B�i1 OFN NSA 8ily stir I •: MARLYN 'w 1]D UMITH T6iAl �.._.._.._ ._.._.._.._.._.._..__._.._.._.._..- DEVELOPMENT I 'I PAIMtMR Hi0Utll4U+,{,1SPACfB j i ".Cd�t'A'" :',..t"' 1"S'<`.i"" j IwolWonoa+uesoaaicwwrn.co ratssrwnAoe�>uwrotr j �ccru NTwa�..,.e�p4ltAlfl[ltA;6.01 w v MAAeE�#N.rvn*19N,canRs i � I +a.mawa?NwlroncalN�nt,A1lTa�m j ""F�°'"# «i.aus.cl.�as WawwoaucaN,Esmcnl,Wii�c�� ..__. � fi T.omsscgxlrvAlw L ���,• :�� � Bs ORb ELC)C)FV � A VV i C2 I 111,12010mm - k"".rNi m AI m T? f1f I f p1 I tCI�KAaAA A 1 . . ."•.•• -� '•""�•. 341H STREET AND t` PACIFIC AVENUE rr�WANKn vA I t y _ '£ ' AFIF, ('IEL,(U7G1N78f xi x a . .._.._.._.._.._...�...._.._.._.. _..�...� __.. _.._.._................._. ._.....jr iNTEWAI a FNQiitAtiE � tb eMM.•GIs:4 PRELIWNARY TYPICAL UNIT LEVEL FLOOR PLAN PACIFIC AVENUE u o m J C + C 0 Q) Ln S--I L uo (u Q m W T.._.._.._.._ ._ ._.._.._.._.._.. cn _.-_.._.._.._.._.._.._.._,._.._ -,z m _-- _ DATA: ' � K(ET � � 5HtOq[SW Ao<TORY GONfFIFTF nO[Mlll ' i g: I i Mf PgaRf of rt}r0 MT}i 'f � t_gTxglptwTe It i I lS.:•t•r WI YNIIHIH nN WWI{ETMTE UNrt3ItgnUMi81 ( w MARLYN Iw wHiH Tara. _.._.._.._.._.._.._.._.._.._.. DEVELOPMENT i ) ea«wovrwofo.m erecas i :.: I Iwa><rofxavt tawoo}f ctxawYvten.9rnt5lr owuge+els+aft ' ! ROOF DECK !lCRIU f((tOR��1 f.5(iH G(NI{M11PE0.9t W 8f tiSMOf}(pFbq I r nacwnle} ! I I .rp,.l}!tt#C(kgNYYTf(t(1'tH UNft f((tpRl I '. N'ltJ45ff➢f1IXGV.4KLINMY'1BMCCM�F,}IfEP IMIT fICOfp SF m1 I Y j I i I } W I � x I I ul) �_... � m I i 31IN SiREFi AND r I PACIFIC AVENUE • I JUNE 16.2026 I • I ! I (Ar\,hilr'151Y {4 n • WTESv�v t FW7fITWF >REUM7NARY ROOF PLAN PACIFIC AVENUE • • Proposed Renderingfrom Avenue) Proposed Rendering • m� I1� 1 x F III 11 Its I } 33rd Street, LLC Agenda Item 10 page 16 of 23 Proposed Rendering (View from 33rd Street) t .,Ihtuntrr� `] BEA ELCtLTEM LIVING FACILITY -~ Proposed Rendering (Facing 33rd % Street and Proposed Relocated Alley) f, . a GA, Nn1rF',\ NT LIV 'pREtr Proposed Materials Exhibit FIBER CEMENT VERTICAL SIDING W! ALUM,REVEALS.ACCENT COLOR RBER CEMENT-VERTICAL SIDING W! ALUM.REVEALS,ACCENT COLOR FIBER CEMENT-VERTICAL UD04G WJ FIBERGLASS OR COMPOSITE FRENCH ALUM.REVEALS.COLOR NO.I PATIO DOOR,SILVER ALUMINUM 1 GLASS RAILINGS.CLEAR ANODRED FBERGLASS OR COMPOSITE WNDOwS. ALUMINUM COPING TRIO rtlAlp.p>If PAEO AND CASEMENT.SILVER BtrArOr 1MNOME grdrABeM•w -- _. _ i1x liOCt-btr �� My HIM _� �fl�.Ntr x , nK,naa ua °a,� 4, " 91TEI STREET AND AV HUE JUNE 16.2026 FILER CEMENT-VERTICAL SIDING W/ µUMINUM STOREFRONT.CIE- ALUM.REVEALS,COLOR NO.T ALUMINUM FASCIA/CANOPY,BLACK FIBER CEMENT-VERMAL SIDING W1 MODULAR BRICK vFNE7:.R ALUM.REVEALS,COLOR NO 7 GLAZED TILE ACCENT PANEL DOWNUGHTS N SOFFIT ABOVE PACIFIC AVENUE ELEVATION (EAST) Proposed Exhibit MARLYN MexE e.oc.rxcorAm.T DEVELOPMENT soNRx uwtt PARTIAL 33RD STREET ELEVATION (SOUTH) -CH$vVE7R. J li� V Em 1111 JUI.F 16.2026 SaReP1E oEccovATwE MAsower uN�s t'T*!„!T�TT7 - INE MT—A ABOVE 33RD STREET ELEVATION (SOUTH) 33rd Street, LLC Agenda Item 10 page 18 of 23 } -- At W Ow 000 F '' •mac.-,.„Y � -+�1 � Lei, a 1t i v. k 33rd Street, LLC Agenda Item 10 page 19 of 23 j/ f 1 0001 - IMEN IMME MEMO IMME 'Tw"MMEN Mnsmes sEwusEEu Enos ME MEN SEEK rM = 7 33rd Street, LLC Agenda Item 10 page 20 of 23 Disclosure CITY V • i VIRGINIA Disclosure The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, Completion and submission of this form is required for al/applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application 33rd Street,L.L.C.,a Virginia limited liability company Is Applicant also the Owner of the subject property? Yese Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No0 If yes,name Represe•: ,e: R.Edward Bourdon,Jr.,Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity l relationship with the applicant(Attach list if necessary.) Managers:M David Jester,Brian Staub;Members:M,DavidJester,Scott Troutman,Chris Gardner,Brian Staub,Jussein EasmeO Lynn Couplard,Robert Bosley, Rick H4hes Does the subject property have a proposed or pending purchaser? Yes U No --- 1f yes,nomc 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 tj yes,Nome the Ojjicioi or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary,) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O O Deveiopment Financhtg TBD cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 33rd Street, LLC Agenda Item 10 page 21 of 23 Disclosure SECTION • condnued SERVICE YES NO SERVICE PROVIDER (Name entity anWor individual • ' Nxc*Knt YrgN E+kan Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O 1 GretMasm,Ca,+st dcoc� , inc Architect/Land Planner 0 Construction Contractor @ 0 kaIr D&*W~Cnwaeor EncGvwr VP Jcilm 2aszewski/Erne Engineer/Surveyor/Agent Patterse�n "Timmon Gr t Legal Services O 0 R Edmird Bourdon,dr..Esq-SykeS,Bauman.Ahern d Levy. o r. APPLICANT CERTIFICATION READ:t certify that oil i"nformotion contained in this Form is complete,true and accurate.t understund ttwt, upon receipt of notification that the application has been scheduled for public hearing 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,C•8PA, We0onds 8oard or any public body or committee in connection with this application. Brian Staub,Manager Applicant Name(Print) Applicant Signature pate "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation."see State and Local Government Conflict of Interests Act, VA. Code§2.2.310L I"Affiliated business entity relationship"means"a relationship,other thon parent subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(iij 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 ore common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a ciase working relationship between the entities,"See State and tocolGovernment Conflict of Interest;Act, Vo. Cade ?.Z 31 FOR CITY USE ONLY: No changes as of(date): 7/13/2026 Kara McLane ��% --%_ 7/13/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 33rd Street, LLC Agenda Item 10 page 22 of 23 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. n33rd Street, LLC Agenda Item 10 page 23 of 23 VBCITY OF VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • • • APPLICANT INFORMATION Applicant Name: as listed on application 33rd Street, L.L.C., a Virginia limited liability company Is Applicant also the Owner of the subject property? Yese Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes Noo If yes, name Representative: R. Edward Bourdon,Jr., Esq. Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? Yes(F)Nol If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Managers:M.David Jester,Brian Staub:Members:M.David Jester,Scott Troutman,Chris Gardner,Brian Staub,Jussein Easmeil,Lynn Coupland,Robert Bosley, Rick Hughes Does the subject property have a proposed or pending purchaser? YesU No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso NoO If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing (mortgage, deeds of trust, Q Development Financing TBD cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Q Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation O O "cote Kint,Wall Einhom Architect/Designer/Landscape O O Grey Mason,Cox,Kliewer&Company,Inc. Architect/Land Planner Construction Contractor O O Marlyn Development Corporation O Engineer/Surveyor/Agent Q Eric Garner,WPL Legal Services 0 R. Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy, 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. Brian Staub, Manager Brian tSaub(Jan3o,202r13:29:5GEST) Applicant Name (Print) Applicant Signature Date 1 'Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SD 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): 7/31/2026 Kara McLane 7/31/2026 w Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? YesoNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No0 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 0 If yes, name the official or employee, and describe the nature of their interest. F-- PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor PO 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 . PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. May-2024 page 3 of 3 A24 ` 3ATN gT OR(STR-OR) OR OR(STR-OR) A18 Al2T L y< LF gT m rn 33R9 Irk v n T OR y OR m O'R �.. OR � Al2 s A24 33RD ST site 33rd Street L.L.C. Zoning 3330 Pacific Avenue, 3300 Pacific Avenue, 305 33rd Street, Property Polygons property east of 3300 Pacific Avenue, property west of 305 33rd Street I Feet 0 20 40 80 120 160 Flap created by Planning Department on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #9 & 10 33" Street, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next items are Items 9 and 10, 33rd Street, LLC. Mr. Bourdon: Chairman, members of the commission, again, for the record, Eddie Bourdon, Virginia Attorney, representing the applicants on these two applications. With me this afternoon are Brian Staub, Vice President with Marlyn Development, and Gray Mason, with Cox Klewer and Company, the project architect. There are two applications involved, and I believe that the commission desires that we address them together, which we certainly think that makes a lot of sense. Is that, in fact,what you all wish to do? The first is the new alley closure application for the eastern portion of 33 1/2 Street, which, if approved by City Council, will supersede the alley air rights closure that council approved last year. The second application is for a modification of conditions which accompanied the City Council approval of my client's alternative compliance application,that also was approved in 2025, and again, if approved by Council, this modification of conditions will supersede those approved with the City Council's action in 2025. Both of the applications on your agenda today come before you with the city's professional staffs recommendation for approval, subject to five conditions with regard to item nine, which is the partial alley closure of 3,680 square feet, the eastern portion, most portion of the alley, and we fully accept the revised condition number two, which was passed out to you all this morning in your informal, and we fully agree to the 4 other conditions for a total of 5 conditions. And on item 10, the modification of conditions requests with 9 new conditions, all of which are approved and agreed upon by my clients,and obviously these conditions have been recommended with the input from high-level staff in public works, public utilities, and obviously the planning Department. The changes to this plan from the one that was approved previously—I'll go over them. They're not that numerous, The number of independent senior living apartments with this plan is 130. With the original approved plan, the number of units, including assisted living and memory care,were 132. The previous application included food preparation and food service in the building, which is no longer the case. And,excuse me,the previous application,there would have been employees who were therapists and assistants that would also have been employed in the building, which will no longer be the case. The biggest change is the fact that the building will now only be 85 feet in height versus 158 feet in height, which was one of the significant sources of objections from the neighbors. At 73 feet less in height and in line with the properties on the east side of Pacific Avenue, or shorter than those on the east side of Pacific Avenue. The entrance to the parking garage from 34th Street is unchanged. The previous application had an entrance, or the previously approved plan had an entrance, Full entrance from 33rd Street, as well as to the parking, as well as access from the alley, which was going to go underneath the building that would be built over top of the alley. The relocation. Well,the full street closure,rather than just the air rights closure, is resulting in our relocating the eastern portion of 33 1/2 Street to intersect with 33rd Street. We are shifting that full access to the parking structure from 33rd to the alley as an ingress,entrance and an exit only. To the alley,the alley dedication is a 32-foot dedication with a 22-foot alley section, and the rest of the alley is a 20-foot alley. The existing alley to the west that has an 18-foot pavement section. The relocated alley will accommodate fire trucks, garbage trucks, and the fire truck accommodation. Is much more of a stretch. I mean, it does,absolutely does that. But the garbage trucks or trash vehicles will not have any problem, according to our engineers. And I think that you heard that from Mr. Loman this morning. Shifting the access to the parking structure from 33rd Street to the relocated alley also is more in keeping with the preferred access under the OR guidelines in the or district, rather than from the numbered street. The prior plan had,as I said,not only access to the parking garage through,but it also had deliveries in the alley on the eastern end, underneath the building, which also was a source of a lot of objections from the neighbors. The only other things that I had. Or that the I mentioned the loading zone. There won't be deliveries like there were would be before,but there. There will be a loading zone on 33rd Street, where people who are moving in or moving out,that's where they will move from and there's an elevator and an entrance right there,where the loading zone on 33rd Street will be. So those are just the comparisons between this and the previous application. I'm happy to answer any questions, but Mr. Staub is going to come up and speak as well. So, if you want to save those until later,that's perfectly fine by me. Mr. Coston: Madam Clerk. Do we have speakers? Mr. Bourdon: Mr. Staub signed up to speak. Clerk: Then our first speaker is Brian Staub. Mr. Bourdon: --to speak as an applicant. Mr. Staub: Mr. Chairman, Madam Vice Chairman, and members of the Planning Commission, my name is Brian Staub, and I am President of Marlyn Development. We are a Virginia Beach company that has been building and developing senior housing for over 30 years. I am here today to request modifications to our beach tower application. That will allow us to address the critical shortage of active adult housing at the Oceanfront and incorporate fully affordable units into this project. The demand for senior housing is overwhelming. Across our portfolio of 1,300 senior units, we are consistently over 99 % leased. Right here in Virginia Beach, between just two of our communities,Lynnhaven Cove and the Arbors at Birchwood,we have over 130 local seniors on a waitlist for a home. Another example is our upcoming project in Chesapeake, which is already 50%pre-leased months before opening. Our country's population is aging rapidly. Today, over 55 million Americans are 65 and older. By 2040, that number will reach 88 million. Right here in Virginia Beach, our senior population mirrors this demographic shift. Furthermore, senior households living on fixed incomes are being hit hardest by rising costs. Our revised proposal brings 130 independent living units to an oceanfront area that desperately needs them. Crucially,this redesign allows us to set aside 10 of these units for households earning at or below 50%of the area median income. These deeply affordable units would lease today for just under$1,000 per month—a commitment to affordability that we could not achieve under the previous. Design, layout. The project will be rich with amenities and activities. Residents will be greeted by a doorman. They will enjoy a pool, community rooms, rooftop deck, library, and fitness center through our Independence at Home program, we will be able to provide individualized support by coordinating services based on each resident's unique needs, including primary care. Rehabilitation and skilled nursing services. By approving these modifications,you are allowing our city's aging residents to remain close to the neighborhoods where they grew up, raised families, spent their lives. This project directly addresses a housing crisis, injects year-round economic activity into the resort area, and adds deeply needed affordable units to our housing stock. I respectfully request your approval. Thank you. I'm happy to answer any questions. Mr. Coston: Sir,you may be seated. I think we have some speakers that we need to hear before we get to y'all. Clerk: Our first speaker is Robert Fatovic,followed by Kitty Bowsher. Mr.Fatovic: Good afternoon, members. My name is Robert Fatovic. I live on the 400 block of 33 1/2 Street, and I'll just read from my email that I sent to you all regarding the Beach Tower development. I am generally in agreement. I would like to see them get on with it. With all my, with all my, I would like to see them get on with it and to address all the concerns my neighbors have. However, I wish to focus on a neighborhood concern that has been mentioned many times before, and that is pedestrian safety. Much has been stated in the staff report regarding improved walkability on Pacific Avenue. From the staff report to include enhanced corners and special paving to improve walkability along Pacific Avenue, I don't know what that means. But still,no mention has been made regarding trying to cross Pacific Avenue,which all can agree is a dangerous proposition. In our neighborhood meeting, this issue was raised, and a suggestion was made that the developer would contribute. To install an active pedestrian crosswalk or a traffic signal at 34th Street, with the addition of over 200 senior citizens, plus 50 or so citizens from an adjacent Bichard development on 34th Street, as advertised by these two developments, this population will try to make their way to the boardwalk along Pacific Avenue,along with the added volume of cars that are generated by a new parking garage at 35th Street. One could even consider this like a school zone and reduce the speed limits along this stretch of Pacific Avenue as one option. It has taken over three years for the Hawk signal to be installed at the Cavalier. I trust this will not take as long to provide some relief in this area, Pacific Avenue. Mr. Coston: Mr. Plumlee. Mr. Plumlee: I'm sorry, it's Mr. Fatovic. The crosswalk,mostly most of concern to you, is on 34th Street. Is that is that correct? Mr. Fatovic: I think that would be the most advantageous block, considering there's a stoplight at 32nd Street, and there's not another slowdown until the 40th Street, and it's also adjacent to the other garage,and the Mayflower. Mr.Plumlee: Do you have concerns about the closure of the alley specifically? Mr. Fatovic: No, I do not personally, but I think my other neighbors do. I do not use that alley to on a daily basis. Mr. Coston: Thank you very much. Any other questions? You may be seated, sir. Mr. Fatovic: Thank you. Mr. Coston: Thank you. Clerk: Our next speaker is Kitty Bowsher,followed by Susan Reed. Ms.Bowsher: Good afternoon. My name is Kitty Bowsher. I've lived in Virginia Beach,my life of memory. For the last forty years,I've been a landlord on 40th. Excuse me,on 33rd and Arctic. The previous speaker presented most of my concerns. As a landlord,I've often said that my middle name is safety First. I have reached out to traffic engineering, and what I've wondered is, in a planning commission meeting, where does traffic engine? Or when a developer comes, where does traffic engineering fit? Because,again, in 2020, I bought an apartment on 40th Street, so I've had a firsthand view of what has happened when 41 st Street was closed. There have been accidents and at least one death, and yes,the Hawk system is going to come next year. So,you know, forewarned is forearmed. I'm delighted that seniors,residents, will have the access to the boardwalk and the Atlantic Ocean that our tourists do. But how are they going to cross the street? I'm not sure which one of you represents the oceanfront. Well, you must know how dangerous Pacific Avenue is. I personally drive around Holly when I'm going to 40th rather than Cross Pacific unless I'm at the 32nd Street light. Now, Traffic Engineering said, "Oh, they can walk down to the."No, those people are not going to walk down to 31 st or 32nd Street. They're going to cross that. Thirty third or thirty fourth, and I think thirty fourth does make the most sense. Because there are developments coming down 34th Street,right behind this one, and where I work every day, there was two houses that were torn down and sixteen, sixteen,were replaced. So I came up with a saying: you can quote me. They're not making more dirt, and people want to be close to the. Ocean, and why not? But let's let them be safe. Now I'll tell you another safety concern, and that is the intersection at 32nd and HA and Arctic. And I personally got permission from 7-Eleven, and I removed one of the bushes, and I trim the one that's there. Because there were being so many accidents. I went to high school with Mike East, and he said, "Well, they want people to get out of the oceanfront,you know,to head to the interstate." I get it. But right now,the Alaskan Road,there's four-way stops right there. It's a two-way stop. Accidents happen there,and I want to kindly say that 33 1/2 Street is not an alley. It's a street. It has a name, 33 1/2 Street, and I use it every day, and often have to,you know. Mr. Coston: Ms. Bowsher. Ms. Bowsher: My time. Mr. Coston: Your time has expired. Do y'all have any questions for her? Mr. Plumlee: Ma'am, I do have a question. Wait a minute. Mr. Coston: I got a question. Mr. Plumlee: Ms. Bowsher, you were about to talk about 33 1/2 Street, and that you use that. And how often do you use 33 1/2? Ms.Bowsher: Every day. When I leave 40th Street, I drive south and I turn right at 33 1/2 Street. Yeah, I put my blinker on. Mr. Plumlee: But I just want to make sure the direction you're coming off of Pacific on the 33 1/2, and then you take it down to Holly or wherever. Ms. Bowsher: Arctic. Mr. Plumlee: Arctic. Okay. Ms. Bowsher: Because I work on Arctic. Mr. Plumlee: I got it. Thank you very much. Ms. Bowsher: You're very welcome. Ms. Bowsher: Thanks for your help. Clerk: Our next speaker is Susan Reed, followed by James Westcott. Ms. Reed: My name is Susan Reed, and I did sign up for both 9 and 10. I think right now I'm just going to address the 9, which is the street closure. I live on 312 34th Street, which is right next to the Mayflower parking lot, and my home is probably about 100 feet from the new project that's going to be going on. I think there was my email in your packages this morning, so I'm not going to repeat that, I'll be brief. But the main thing I'm concerned about is that, the project calls for a substantial portion of the 33 1/2 Street Alley to be closed off,and that alley currently provides many of my neighbors and myself with our only direct access to Pacific Avenue from our driveways,which are on the alley. As a concession for cutting off our access, we think it's a reasonable request. For the project to include a walkway or a sidewalk on the west side of the property, which will connect the alley to 34th Street, and I believe James is going to kind of show you a little bit more specifically what we're requesting. But I'm happy to answer any questions that you might have. Mr.Plumlee: Mr.Reed,do you mind addressing all of your comments? Because we did combine both applications, and we'll give you time to make all of your comments. Ms. Reed: And you asked previously. I mean, my driveway is, as I said on 30th, so the way I leave my house is, I go down to Pacific and make a right. I mean, that's the way I get to the interstate,as opposed to winding all the way back through Arctic Avenue. Regarding the item 10, this project is going to require a lot of pile driving, and I think myself and my neighbors are concerned about the noise,but I think more importantly,the structural damage that might occur to the surrounding properties as a result of that pile driving, and we're curious if the applicant has considered any of the new technology that's out there, which I understand would pre-drill those holes for pilings. I think they did that at Westminster, Canterbury. So that's one question we have. And the other thing is,we would like the applicant to commit to repairing any damage to our power properties that its conduct causes, specifically any damaging again from the pile driving,and then the last thing is just on the density study, you know, the old project said there could only be 110 units. Now we've got 130 units. The staff did provide me with the calculations, and I understand the math. I mean, the only way it works is if you say, under the existing property, 35 feet high, you could have smaller units. I mean,that's how you make the math work. You know, it's a little inconsistent from my standpoint,but you know,that's how it is. So that's it. Any other questions? Mr. Plumlee: I would like, if you don't mind, can we put a street view so that Ms. Reed can tell us her concerns with sidewalk connection to the to the alley, and we can visualize it? I just think that's really important. Are we able to do that? Ms. Reed: And to be honest with you, I think James, you've got like some handouts to show people. I think he might be in a better position. I mean, I'll be happy to answer it. Mr.Plumlee: If you can just say again now that I'm looking at it,just to help. Tell me specifically where you would like to see a sidewalk. Ms. Reed: Okay. Well, you see 33 1/2 Street, right? That's the one that goes down the center, and you see the top yellow outline at the at the top up there. That's the one that's on the corner of 34th Street and Pacific. What we'd like is on that level, on that place that is right next to the Mayflower parking lot. Some way for us to get from the Half Street to 34th Street. That's what we're looking for on that west side of that,where the old Beach Tower used to be. That's the main thing. Now, I think James might say, we'd like to also be able to get down 33 1/2 Street to get to the out to get to the sidewalk. But that's the main concern. We can get to 33 now. Mr. Plumlee: That's helpful because when we ask him questions, we can have that in mind. So I appreciate you going through that with me. Ms. Reed: That's my. That's what I'd like to see. Mr. Plumlee: Understood. Ms. Reed: Okay, Commissioner Mauch. Mr. Coston: She's okay. Mr. Mauch: Commissioner Plumlee asked the exact question I was going to ask. Clerk: Our final speaker is James Westcott. Mr. Westcott: I'm James Westcott. I live at 316 34th Street. It's a three-story condo with the balconies on the front of it, and we live in the middle unit, which the only, the only way to get to the front of our house is to go around the block. We don't,we can't go through. I can't go through my two neighbors'yard. A little bit of difficulty there. But I think this morning I tried to listen to the meeting this morning, and it seemed like there was some confusion about what we wanted in the sidewalk, and it was some discussion about, is it a street or is an alley? I don't think you can require, I mean, a sidewalk on an alley. If I'm, if I'm correct, I'm a class A contractor, residential contractor, so I understand this pretty well. That's not, that's really not what we're asking that the drawing I just passed out, we don't want it where we don't want it in the old section, but where you see that turn, where it goes into the new portion, connecting us to 33rd Street, that portion right there, that's going to get very congested with and I'm and I'm 63, so I'm not saying old people,but as they come down, and we're walking, and we're old,and they're old. And it's just not going to be a good mix,and I think that a sidewalk, and it's a short sidewalk, it's about 70 feet. Going up 33 1/2 street and turning between the two properties of Mayflower and the Beach Tower. Connect and there we can walk,we can safely walk back and forth,or we could go, you know,we could go in the new portion of 33 %2, but it's three times further to get to 34th. It's that's a long, that's a long route, because I think that the stop there needs to be some sort of cross device there. At 34th,it's pretty dangerous,but we're not opposing the project. It's we're so far beyond that point, and we,you know,with the modifications,new modifications,we don't have. We don't have any issues with that stuff. Our two concerns is safety, and I think that's everybody's concern is safety. And the one other thing is that is the power driving so close to the homes. Susan's condo unit is less than 100 feet from the corner of that property, from the corner of the Beach tower,the Beach Tower right there, it was 45 feet, and it's been raised to 100 and I think it's 110, but I could be wrong. But though, though the whole building came down, the part closest to us, it went up. We're not complaining, but, we just need, we need something here. We need to, we need to be able to get 34th Street. That's it. And I put a letter in there. That you can read and explains a little bit more, but we don't have,you know,we don't have disagreements. I don't think at this point. Mr. Coston: Any questions? Mr. Plumlee: The issue about the pile driving,we'll ask the applicant more specific questions on that—we haven't had a chance to do follow-up questioning. I think, I understand where everybody's coming from with that. With regards to the sidewalk, has have you had any chance to bring this up with the development team yet? Mr. Westcott: I did. Well, I didn't want to get into that, but I will. In our meeting on March 27, I brought it up with Dave Jester. And I explained to him that that we need a sidewalk. He suggested we walk across the Mayflower parking lot. That's not an option. There's a 10 inch curb right there. That's just not an option. So he said, "Okay,"that he would,and worth was there. He, they said, "Okay,we'll look at it." I've sent three emails to Kathy Warren requesting this. I've sent two emails to work. I hadn't heard from anybody. I didn't hear anything till I contacted CARE last week, and she sent me all the information within two hours. So yeah, we've tried to have, we've tried to have discussions,but it's just been one way. Mr. Plumlee: I just want you to say one more time, so I'm clear on what you think is the most efficient route for this sidewalk. Just say it. Mr.Westcott: So where the.curve,where the road curves from the existing point into 33 1/2,that new portion right there, if a sidewalk could start, where that turn is, where it stops, where the straight stops, a sidewalk to the corner of the building, going, going, I guess behind where their parking area is, and then cut over, which is also their parking area. It's not, the walkway would not be,you know,within,within sight of homes or offices or anything. It's all,it's all parking area. So if we could get up there, it's about 70 feet. We could get to that point and turn left. Mr. Plumlee: So let me repeat what I think you're saying, because I need to understand what you're telling me. If we were to start the sidewalk on 34th Street, at that top yellow point where that red car is, do you see it? And bring it down towards the alley, bring it up the alley, and then down to 33`d. Is that what you're saying? I want to make sure I understand, because I don't, it's difficult to understand this drawing. Mr. Westcott: The orange markings on there is of the corner of the building, the corner of the Beach Tower, where that orange marking stops, or starts from that point of their building, up and over to 34th Street. So you would,you would go,you would go in the direction that 33 1/2 Street was going. Mr. Plumlee: Thank you. Mr. Westcott: I'm sorry. Mr. Plumlee: I'm sorry for my confusion. I was trying to read the handwriting, but I've got you now. Thank you very much. I appreciate, appreciate you doing that. Mr. Coston: Hang on, sir. Mr. Camp: All right. So I try to keep up. But help me out here. You see? Can you see the drawing? All right. You see where the A and the L are in the middle of the word half? You talking about a sidewalk from there, going to the top along the yellow line to 34th Street? Mr. Westcott: Yes. Mr. Camp: Thank you, sir. Yeah,that's all we want. Mr. Coston: Madam Clerk, was that the last speaker? Clerk: That was our last speaker. Mr. Coston: Okay. There he is. Mr. Bourdon: I'm sure you all will ask me questions if I don't answer the ones that I've got. So, first of all, Mr. Fatovic, we do not have any disagreement. There is there other than to say there are crosswalks at both 33rd and 34th Street on Pacific. They exist now,and they've got protection by the median now. I think what's being requested is some form of what's the--so when this goes through site plan review assuming that we get there, there will be a number of things that will be negotiated in that process. We're taking on water from other properties to the west, and that's a part of the stormwater problem factor,whatever you want to call it. It's going to take a lot of time, effort,and money to solve,and we're certain that it can be solved. We've got issues with relocating the sewer line because the existing sewer line in the entire alley is not to anywhere near public work standards. Again,things that'll be worked out and negotiated through this process,and it'll be a fairly lengthy one,I suspect. The idea that my client would be responsible for the cost of putting a light up,we're not going to sit here today and say, yes, we're going to do that. We're not going to rule out the possibility of contributing to it, but that'll be among a lot of other things that will have to be negotiated in the site plan process. But again, no one is asserting that the existing situation is. That's the city might assert that it's it is safe,but,we are --we're not there every day, so we're not going to pick a fight or an argument with the neighbors on that whatsoever. But the city will be the one to arbitrate that. Since we're on that subject, the existing alley, is 20 feet wide, and there is no sidewalk, and so, they'll be walking down the existing 18-foot-wide alley to head to where they're now going to Pacific Avenue and going right or left, and I presume they mostly go left since they're saying 34th Street's where it should be, but we can provide access to 33rd Street because we have -- we're talking about a 32-foot right-of-way dedication,and there is,we'd have to put a crosswalk in front of the entrance and exit to the parking garage,but that could be accomplished, and there could be access to 33rd Street,which will be,you know,pedestrian oriented anyway, and that's possible. The problem with 34th Street, there are two potential solutions, but again, it's not going to get being able to get taken care of today. The orange line draws us to the parking lot boundary with our property, the parking lot for the Mayflower auxiliary that no one uses very much, and so the existence of access, for all intents and purposes, as long as that parking lot stays the way it is,will be completely available. Because there's nobody policing it. You can walk across it any time you want. I suspect that that happens a good deal today. But if we, if we can, you can come down on our property between the wall and that boundary. But unfortunately,the stairwell,which is a bump out,you know,we can't get by that other than by encroaching onto the Mayflower Auxiliary parking lot that's hardly ever used. But you can't -- you do have half an alley that'll get you down to that point. But when you go north. That stairwell, if you're looking at our layout plan,would block it for a short distance, and you'd have to go onto the Mayflower property. You also could, and no objection to it. You can go into the parking garage because that there is a there'll be a door there, an opening there, and you can walk down the sidewalk inside the parking garage. But then you get to the stairwell, and you have to walk around it,where there will be incoming traffic. To some degree,that's the people that are going up to the second floor to park. So there's no perfect way to do that to the north. There is the ability to do it going to 33rd Street, and we have no problem facilitating that. And while I'm on the topic, we also can plant a landscape buffer of one row of evergreens on the west side of the. Alley going out, where we're relocating the alley to go out to 33rd Street as well, and I think that's really the safest and most accessible way to do it. But we cannot, we cannot on our property get you to 34th Street other than through the parking garage and along the interior wall, and then you'd have to go around this parking. Assuming that this the stairwell structure, and that's a short wrap around. But again, as long as that parking lot for Mayflower stays as it is,everybody's going to cut across that. Because there's nothing stopping them from doing that. So moving on to the pile driving. First of all, load involved with a seven story building. First, or 85 foot building versus a 158 foot building is quite a bit less, so it won't nearly be as much pile driving required. We do not know at this point, and it's something that won't be determined for quite some time. How that is going to take place,the size of the piles,etc. It hasn't been that has not been engineered at this point. We certainly will do everything reasonably within our ability to limit. The noise, and to limit the time frame that it takes place, and I don't disagree with the idea, from an idea perspective,maybe not always works out in real world that to do it. Not during the middle of tourist season, and that's been a policy of the city for quite some time. I'm not sure it's adhered to as much as it used to be, because the construction involved can take a whole lot longer than back in the old days,when everything was just two or three stories high,but we would certainly be, and we are responsible as far as we will need,to get in and survey people's property. That's a standard in the in the construction business to make sure what the condition of properties are that are around us,and to the extent that there's damage done,we're responsible for that damage. That's a legal principle that's not in question, but that that does require some level of cooperation and. My clients certainly will be cooperative,and,you know, certainly do what they can to make sure that there's no, you know, no one suffers as a consequence any loss because of damage to their property. And for another,that's another reason why we want to minimize the pile driving as well. But we are not in a position to be able to say there won't be any pile driving,or that'll be this system or the other system. But Mr. Jester will certainly look at. Trying to do it in the way that's be least disruptive of the neighbors, and with that, I'm not sure if there was something else that that needed to be addressed, or that you may want to ask me questions about. Mr. Coston: Commissioner Plumlee. Mr. Plumlee: Mr. Bourdon,this facility is intended to have 130 apartments, correct? Mr. Bourdon: Correct. 130,ten of which are affordable. Mr.Plumlee: What did we previously approve? How many? Mr. Bourdon: 132. Mr.Bourdon: But that 132 includes the memory care and the assisted living. But 132, I don't, I don't know where,Ms. Reed's 120 came from,or 110,whatever it was, she said. Mr. Plumlee: I was confused on that point, too. That's why I want to make sure we're clear on that, and that we bring this out to have clarity in what we're doing. Mr. Bourdon: And that's what the Navy was provided, and that's what the Navy said. There's no,totally no increase in density here. Mr. Plumlee: I didn't hear a commitment to a sidewalk. I didn't hear a commitment to sidewalk. I'm just I'm just wanting to be clear. Mr. Bourdon: Well, if I said we can accommodate the sidewalk,but we can only do it going out to 33rd Street, because there's no, we don't have the ability to do it to go out at 34th Street, and that's what they were asking for. If that satisfies them, now again, when I say sidewalk, if you look at the plan,there'll be part of it, will be sidewalk, and part of it will be,you know, crosswalk in front of the exit and in front of the entrance from the alley to the parking garage,because it'll be on the east side of the alley. The alley is 22 feet wide and a 32-foot right-of-way that we'll dedicate. 12 feet wider than the current alley,that is,they've been using for years,without a sidewalk. They could, but again, with those verges we can get rid of the landscaping and the verges that we're creating,and put a sidewalk on those verges,And a crosswalk in front of the entrance and the exit. Mr. Plumlee: Well, what I want is if there is any kind of recommendation, positive from this body,that you will meet with these folks before City Council and discuss the routing of pedestrian traffic there. I'm not finished. Mr. Coston: You could hold on. You worded, Mr. Bourdon. Mr. Plumlee: What I'm asking for is that you provide them the feedback that you need. I'm not saying you can deliver all things to all people, but reasonable requests we need to accommodate. Now, getting to the closure of the alley -- Mr. Bourdon: Absolutely do not disagree. That's why I'm giving, giving everybody options as to ways can what they're trying to achieve can be accomplished. Mr. Plumlee: As to the closing of the alley, the 33 1/2 Street, we have very few people come to object to that closure today. I mean, I'm just being honest compared to the previous hearing that was held and the concerns. Have you looked into how many people are actually using that alley to leave their neighborhood? As far as coming in,there's a lot of access points in. But have you looked into actually how many homes are going through there? I mean,that's been closed for how long now? I mean, it's been closed for a while. Am I wrong? Mr.Bourdon: It's again. I don't want to get into a dispute with the neighbors about. And I don't. I don't. I'm not hearing that from them either. We're amenable to try. This is the first that we've heard of this desire to go out to 34th Street. We had gotten some indication that there was an interest in a sidewalk to go out to 33rd Street, so we were prepared to say we can make that work. We could even do it on the west side of the alley, relocated. But we would then be foregoing the ability to put up,you know,a row of evergreens,which would be to help screen the property to the west. Mr. Plumlee: These folks are correct, there are serious crossing concerns across Pacific. And if it is recommended by city staff that there be a hawk signal,I believe the developer should take part in those costs. Is that not a commitment on part of the developer? Mr. Bourdon: The developer is willing to participate, until we know what it is that we're being asked to participate in, we also have to participate in correcting a lot of other deficiencies. Here and say, but yeah,we again. That's what I. Mr. Plumlee: I don't disagree with that. Mr. Bourdon: We just we're committing to work with the city and with the -- Mr. Plumlee: If this moves beyond today,they will watch this proceeding, and I'm getting from you what you're willing to do for them to see this. Mr. Bourdon: The same was really true a year and a half ago. Yeah, because all of this, all of the things that you all read about that are variances, and what have you. Again, that all the department heads are on board with doing it this way. Because until we dig into it,we don't know what. What the options might be to totally upgrade all of the infrastructure that's out there, and that that's what, that's what will be discussed in that process. But we're, we have no aversion to trying to provide access and providing access to one of those corners,which is how they get across Pacific today. As far as what, Ms. Reed is talking about in the pedestrian part, and we,we know we're very confident we can make that work going to the south. We think it's workable going to the north, but it may not be the type of access that they're, you know, most comfortable with. That's a commitment. I mean,that will work. Mr. Coston: I don't know which one of you were first, but Commissioner Mauch and then Commissioner Camp. Mr. Mauch: I might have a couple of questions, but I'll just start with one or a statement and a question, maybe for staff. As far as the density calculation that was originally put on the property through the alternative compliance process,that density was calculated,not by the height of it,but by what could be there already. And the height was where the alternative compliance came in. And you're lowering it,but it still doesn't change the density that's available on that property. And I think some of the numbers that may have gotten confused was the memory center, and I believe something else was considered institutional. So, therefore, it was you had a max occupancy, or density of I think it was 132. Is that correct,staff? Somewhere in there,and you're kind of keeping within the same density that you're allowed in that area. It's just the amount is being calculated. Is actually being calculated for the people that are outside of the memory care. We might have clarification. Staff: The density study is what the applicant shows is that the number of units that they are proposing could be built under without getting the height increase, so it's not showing the maximum density. All they're doing is showing what could be built. So when they originally submitted the density study, you're correct; they did not include the memory care units. But they weren't trying to have as many units as possible in it. They were just showing that what they,what they are proposing, that number of units could be built. So the density study they submitted this time does include additional an increase in the number of units. There was a change in the layout a little bit, and then they reduced the dwelling size to show that they could, in fact, fit the same number of units that they're proposing now, without the increase in height. Mr. Mauch: And the trade-off for that was the increase in height. And that was one of the concerns that the neighbors had was the height of the building,and this is helping that now. I'll go ahead and let Walter, because he may end up. Asking or saying what? Mr. Camp: I'm going to ask your Pacific Avenue question. Mr.Mauch: Okay, so,you know,understanding that there is a need or a desire,I should say, and really, with Pacific Avenue, I think we all know that there's a need for safer connections across Pacific Avenue. It's difficult. Would you consider, if it was found acceptable to place a hawk signal in that area? Would you guys consider? And I'm not asking for a definitive, but a consideration for maybe a cost share, and helping to help that go forward, if there's a need there, that's found. Mr. Bourdon: I thought, I had already answered that,maybe I didn't,but we will be considering cost sharing on a number of infrastructure improvements. That's going to be a part of the process. Of the site plan review, and so the answer is, we will be working hand in glove with the city on infrastructure issues, and that's what this is as well. Mr. Mauch: I do feel like you did answer it. I just wanted it to be said again because you are trying to be amenable to correct. Mr. Bourdon: Because there will be, there will be things that are a lot, potentially,potentially a lot greater expense. That involve,and again,that's an evaluation process on the part of the city. If it's stormwater and solving the stormwater issues that already exist because of stormwater that's being drained onto this property from other properties, is it could be very expensive, and my client's responsible for having to fix those problems,and there's,the same holds true with the sewer line that doesn't meet current requirements that that we're going to have to get a variance for ours. We don't know what all those costs are going to be,but they had,they will be much more than this hawk sign, and so it's a question of, you know, trying to do an equitable job of sharing the responsibility because none of these things are solely my client's responsibility. But sharing is exactly the way these things get resolved through the site plan process. Mr. Mauch: That's the reason why I specifically said cost share, because it don't correct. It's going to benefit the entire community, and I'm not asking you to correct. Mr. Bourdon: We're fully aware that we will be cost sharing to one extent or another with resolving,and we have no objection to cost sharing as a concept, and certainly not as it pertains to a hawk signal. It's just, if we're, if we get stuck having to do 100 % of some other thing that the city should be participating in, then that's going to. You know, it's not, it's not a limitless pocketbook or wallet. Mr. Mauch: I think you've made yourself clear, or at least as clear as it can be at this moment. So,thank you. Mr. Camp: Thank you, Mr. Bourdon. And in your various remarks, you have answered several of the questions that I had, so I'm not going to go back over those. In particular, thank you for your work yesterday and today on the alley and trying to explain all of that—the widths,the trees, the sidewalk. Great. Different topic. When I look at the design of the building, it faces Pacific. That appears to be the front door,the prominent entrance,the sign of this building. The building, as I understand it, is built close up to the curb, allowing for, I believe, an I1-foot-wide sidewalk or something like that in front. Mr. Bourdon: On the front, it's 12, I believe. Mr. Camp: 12. Very good. My question is about drop off and pick up. Is it anticipated that folks dropping off or picking up are just going to stop on Pacific in front of this building, or how is that supposed to work? Mr.Bourdon: The 33rd Street. There's an entrance at the just right at,not directly on the corner, but just to the west of the corner. And there's also elevator inside, and that's where we've got the loading zone, which has got a number of parking spaces in it. But it'll also be used when people are moving in or moving out, and door there, elevator there, and that would be the place where people could would pick up. And in most circumstances, now, again, someone could go into the parking garage and drop off and pick up off of the alley or off of 34th Street. But as far as on street, it should be on 33rd, which is again, if you're heading to the south, which is what you would be doing? If you're stopping in front, you just come around the curve and then you go up to Arctic and take a left, and hopefully, Ms. Boesch will take care of 7-Eleven hedge row. Mr.Camp: Alright. So,what I understand is this building is going to surcharge westbound traffic on 33rd Street to the extent that it generates pickup,drop-off,deliveries. You're going to ask those vehicles to pull onto 33rd Street, adjacent to your building. They're going to be pointed west, and the in order to get anywhere else,they're going to go over to Arctic and go where they're going to go, correct? Mr. Bourdon: Well, that's what, that's what we anticipate. I mean, there could very well be someone who gets picked up at the corner of 34th Street and Pacific,too. Mr. Camp: But the general design flow of the building is this where they? Mr. Bourdon: It's where they tell Uber, or where they they're able to pick them up. Mr. Camp: So in many other urbanized areas, we see actual municipal restrictions on rideshare pickup. Now I'm not suggesting such a thing here, but the future is a long time, and it seems to me that cultivating cars not to stop on Pacific,and training folks,or directing through the operation of the building that this kind of thing operate on side street is a good first step to being a good neighbor and allowing the traffic to operate more efficiently. It also helps our pedestrian issue over here. We don't have cars stopping, stop, starting, and creating a blockage on Pacific with unpredictable traffic behavior, where all of these other folks are trying to cross the street. So it seems to me,if that is something that the operator of the building can encourage,that would benefit everybody here. Mr. Bourdon: I have no doubt that we in the operation of the facility that they're going to encourage and more importantly discourage,anybody being picked up on? Because I think they're both important on Pacific Avenue. Mr.Camp: So my second question is with regard to the street closure. I'll draw your attention to condition number 5. I want you to help me understand this,please. Mr. Bourdon: To give me one second. Mr. Camp: It is on page 4 of 10 of Agenda item 9. Mr.Bourdon: There appear to be private utility facilities located within the right of way. Mr. Camp: That's number 4. Number 5, at least on the one that I've been handed, starts with the words"closure of the right of way."This is what I want to understand. It says closure is contingent on complying with all the other conditions within two years,within 730 days. And then it says in the next sentence, if the conditions aren't accomplished, and the plat isn't approved within one year, then this approval is null and void. Explain to me the two years and the one year and how that goes together. Mr. Bourdon: It should be two years. Mr. Camp: Which should be? Mr. Bourdon: The second one, should be two years. Because that's a leftover from the old conditions. We've for the for the last. Mr. Camp: I get it. We're working off a document from a prior approval, and we're modifying it. But now, as it's in front of us, it doesn't make sense in the present time. I'll just refer that to you and staff to sort out before you get to council. Because if you approve it as is, I don't know how we would enforce it or interpret it. Mr. Bourdon: That's no problem. It should. It's supposed to be two years. That's just a -- Mr. Camp: I read this stuff. Yeah. So. Thank you. My last question is with regard to the two applications: the street closure and the ability to build this building. At the site visit, I was told that essentially, they are contingent. In other words, you've referenced, and the staff report references some of the difficulties that will be inherent in closing the street. Relocating the utilities, what have you? That's why there's two years here to figure it out. Well, suppose that doesn't work out. I mean, the applicant was here what a year ago, thinking everything was going to work out for a twelve-story building, and now we're back. It didn't work out. So anything can happen. I'm looking at what happens if it doesn't work out. If the street closure doesn't work out, does the ability to build the building carry forward,or where are these two tied together,that you can't build the building. Mr.Bourdon: They're completely tied together because we're building the building on the closed portion of street. Mr. Camp: I understand the practical. I'm looking at the legal. You got permission to do something,but you can't practically do it. Mr. Bourdon: If the street closure or the alley closure, it's all called street, but they're different between alleys and streets. If the closure can, well, the closure won't become final until the re- subdivision plat is recorded. The re-subdivision Plat will not be approved to be recorded until the site plan is approved. Mr. Camp: Okay, I got you. Very good. So you won't get through site plan review. Mr. Bourdon: Correct. Until the site plan is approved, the re-subdivision plat never gets recorded, and it's all moot. Mr. Camp: Thank you. I understand. Sure. Thank you, sir. Mr. Coston: Are we ready for a vote? Who was that? Mr. Plumlee: Plumlee. Mr. Coston: Commissioner Plumlee. Mr. Plumlee: Yes, Mr. Bourdon. Very quickly. Are there any of the conditions that are being released from the prior approval? I see the previous conditions. We've demolished the hotel. A lot of these things have been done. These are not to be STRs. Mr. Bourdon: No, all we need to do is approve the conditions recommended because they'll supersede the other ones, and those other ones have all been, well, they're being superseded, or they've been already accomplished. And the one,the one with regard to the historical information that will be surveying, all that stuff have been. Mr. Plumlee: That still carries forward. Mr. Bourdon: That carries forward, and we're going to have that in the lobby. Mr. Plumlee: And all the ones that are not superseded carry forward. That's what you're saying. Mr. Bourdon: I think there. I believe there. The ones that aren't superseded should be in the ones that we are that are before you today. I wasn't aware that we anything was left out. Mr. Plumlee: I do have a motion. Before I make the motion, I'm going to talk a little bit about the project. Mr.Bourdon is right. This is a lower height building,so the pilings and the fulfillment of the construction should be less intense than what you are currently under. What has been currently approved, so that is an improvement with this approval. We absolutely need 62-and- over housing. Everything I gather from the public,they want this project to proceed. The building has been taken down. The 10 affordable units is really a replacement of the Jefferson Hotel. Those units. That's essentially what's been done here with the thousand dollar rent. The applicant is a very experienced developer, and his word, Mr. Jester's word, and this is very important. I believe the more we can bring residential development along Pacific,the more our demands for improved traffic. Will occur because people will be there to demand it. Right now, it's an old bank structure where, with a huge parking lot, where people came in for office and they left. I think bringing residential down there will improve that area. Generally, we've already improved the density. Like I said. Anyway, for those reasons, I want to move to approve this project. Ms. Schoonover: Second. Mr. Mauch: Can I make a comment? Mr. Coston: Just a minute. It has been moved by Commissioner Plumlee and seconded by Commissioner Schoonover. The vice commissioner would like to have something to say first,and then Mr. Mauch. Ms. Byler: Thank you for coming. And this is an important application to me. When I saw it coming, I was very concerned about it because I sat here a year ago when Mr. Jester and Mr. Bourdon presented this, and I'm sorry, I don't remember if Mr. Staub was here at that time or not. But President Staub's comments today were concerning to me because they sounded genuine. But I remember what was said last year, and what was said last year was the urgent need for 62-plus, and memory care and assisted living at the oceanfront. So today, I'm hearing earnest comments that eliminate. The memory care and eliminate the assisted living, so that doesn't really match up. Also, I remember last year there was zero public outreach, and there was significant opposition from the houses. In the back, saying, "do not close 33 1/2 Street." And the applicant stood here and said, "We're not going to close 33 1/2 Street. We wouldn't do that." And now here you are back, saying we're closing thirty, third and a half Street. So this application does concern me. Having said that, I think it's a good project. Yes, we need. Yes, we need 62-plus housing. We need housing, and the height doesn't concern me. The fact that you're reducing the height does not concern me. To me, it's not really a benefit. Because Mayflower is way taller,the Navy did not object to it, and our COMP plan,which we all worked really hard on and was adopted last April, says we need to go taller, We need infill. So I don't really see that yes or no. I'm concerned that Mr. Bourdon said This is the first I've heard of a sidewalk,because there should have been a dialogue going on. The developer should know what the people behind them feel about this. So I am torn on this. I will probably support it because it's needed, but I don't like a lot of the things about it, and I do hope the public doesn't lose trust in us in what was said last year and how it matches up with what was said this year. Mr. Mauch: Thank you, Mr. Mauch. If the motion maker and the seconder would like to have a friendly amendment, because we. We received in our packet today an updated condition sheet, just with language for number two,And that was,I believe,updated by the applicant's attorney for application number nine. And it's the second condition. It just rewords it a little bit to, I guess, clarify. It was in this packet that had, I mean, in the form, that had an email in either opposition or support of the same project. And then, on the last page,there was an updated condition sheet. I would just like to use these conditions. Because I think that was the intent of cleaning it up, as well as cleaning up for council. By the time it gets there, so it doesn't have to be cleaned up, and it's a clear motion from us to reflect Commissioner Camp's condition number five of the 730 days. And then it goes on to say, one year. If we could strike one year and put 730 days to mirror what it says prior to, I don't have any other issues with it. I just wanted to make it clean. Everybody, I'd like to take a second to look at that, and while I've got the microphone on, I will make some comments. In the next 10 years, I do believe that senior housing is going to be one of the biggest things that we face in our community as our population ages here. And I think this is a very important project that is a necessity. And in the future, we're going to need to see more projects that are addressing this need. So I will be in support of it. I do hope that the consideration of the community is taken into account, and I do understand that there's a good faith effort to try to participate in the cost sharing. Participation for a lot of other factors that are in this proposal here that are not specifically due to this site's conditions. So thank you for that,and I will be voting to approve this,but if everybody, if the motion maker and the seconder had an opportunity to take a look at it, if they would. Mr.Plumlee: I don't have any objection to modifying it. We're at the top of the sheet. This grade area, it appears, it's agreeable with the applicant for this change, and also with regard to that's condition two and condition five, that that be modified. So the language should be appropriate, two years. That's fine. Mr. Coston: Thank you. Are we ready for the vote? Clerk: Right. The vote is open. As a reminder, you may need to refresh your tablets to access the voting actions. By a recorded vote of 11 to 0, Items 9 and 10, 33rd Street, LLC, has been recommended for approval as modified. Mr.Bourdon: Thank you all very much. Mr. Coston: All right. Before we move to the next item. We'd like to have a five-minute break or so. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Conditions for the Street Closure 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat shall include the dedication to the City of Virginia Beach for right-of-way purposes of an approximately 32' strip of land along the southwest side of the applicant's property between the south side of the area proposed for closure and the north side of 33,d Street, subject to the approval of the Department of Public Works and the City Attorney's Office. 3. Prior to the recordation of the final plat, the final infrastructure design showing the rerouting of public stormwater and utilities, including any required variances, shall be approved by the departments of Planning, Public Works, and Public Utilities. Approval of the street closure request shall not constitute approval of the final infrastructure design or any associated variances. 4. There appear to be private utility facilities located within the Right-of-Way proposed for closure; therefore, the applicant shall provide written agreement with the appropriate utility company regarding the utility company's approval of the relocation of the facilities located within the area proposed for closure and, if required by the utility company, shall provide an easement satisfactory to the appropriate utility company for the relocated facilities. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within 730 days of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Conditions for the Modification of Conditions 1. Conditions attached to the existing Special Exception for Alternative Compliance approved by the Virginia Beach City Council on February 18, 2025, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled "Beach Tower Independent Living Facility," dated June 24, 2026, and prepared by Cox, Kliewer& Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, building materials, and color schemes of the structure shall be in substantial conformance with the submitted elevations entitled, "Beach Tower Independent Living Facility," dated June 24, 2026, and prepared by Cox, Kliewer& Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. If developed in accordance with this Alternative Compliance request and the conditioned plans, the project area is only to be used as a Senior Living Facility with an age-restriction of 62 years and older. If a change in use is requested after developing the site in accordance with this Alternative Compliance request, an additional Alternative Compliance will be required for the change in use. 5. If developed in accordance with this Alternative Compliance request and the conditioned plans, the overall density of this project shall be limited to 130 independent living units. 6. 8 bicycle parking spaces shall be provided and maintained on-site. Bicycle spaces shall be designed to accommodate electric as well as manual bicycles. 7. The final design of the structure shall include provisions for screening the parking adjacent to the proposed relocated alley, such that visibility and sight-distance requirements are met. Said screening shall be subject to the approval of the Department of Planning and Community Development and the Department of Public Works during the site plan approval process. 8. The applicant shall contract with a professional cultural resource management firm to perform and prepare an intensive level architectural survey to Virginia Department of Historic Resources standards for the historic Jefferson Manor building. A copy of the final report, including photographs and associated materials, shall be provided to the Virginia Beach Historic Preservation Commission in both digital and hard copy format. 9. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. James and Andrea Westcott 316 Unit B 3411 Street Virginia Beach,VA 23451 Jewestcott(a,ym ail.com 757-771-1126 July 6, 2026 Virginia Beach Planning Commission Municipal Center—Building 3 2403 Courthouse Drive Virginia Beach,VA 23456 Re: Request for Sidewalk Installation and Easement as part of 33 '/z partial street closure approval. Dear Planning Commissioners, I am writing to request as a condition of approval for the partial street closure& modification on 33 %z street, a sidewalk be added to the development plans submitted by 33rd Street L.L.C. for construction of the new Beach Tower. The closure of 4,360 square feet of city right away will eliminate the direct pedestrian route to Pacific Avenue and increase the distance to the corner of 34th Street and Pacific Avenue by three times. Forty-two homes back up to 33 % street between Arctic&Pacific Avenues. Twenty-three new homes have been added to 34& 33 %Z streets over the past 10 years and 153 are scheduled in this area over the next 24 months.Pedestrian activity has increased significantly, and the absence of a designated walking path between 33 %2 street to 34th street presents a clear safety concern for residents,visitors, and individuals walking from their homes to the nearby businesses,boardwalk, and beach. Many of us are 62 and older with limited capabilities. The new right away connecting the old portion of 33 %2 street to 33ed street will incorporate two curb cuts for the Beach Tower parking garage, along with current traffic creating a dangerous pedestrian environment. With the additional traffic generated by this and other new development,pedestrians will be placed at unnecessary risk if no sidewalk is provided. A properly designed sidewalk would offer safe passage, improve walkability, and support the city's Resort Area Mobility Plan. I respectfully ask the Commission to require 33rd Street L.L.C.to incorporate a sidewalk along the west property line between the beach tower and Mayflower parking lot and along the south side of the Mayflower parking lot as part of the approved plans. This addition would greatly enhance pedestrian safety and contribute to a more functional and community-oriented development. Thank you for your consideration and for your continued commitment to responsible planning in Virginia Beach. Sincerely, James&Andrea Westcott do Outlook Beach Tower Project- resent From susan reed <spreed@cox.net> Date Sun 7/5/2026 1:33 PM To Kara Mclane <KMclane@vbgov.com> CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Resending as there was a typo in the earlier email sent Ka ra, I live in unit 102 at 312 34th St. which is adjacent to the Mayflower Parking Lot. I was very involved in voicing our concerns when this project was first proposed. In regard to Items 9 and 10 on the July 8 Planning Commission meeting, I am requesting that you provide the Planning Department and Commission members with the following request and concern and that this email be included in the packet for the Wednesday meeting. 1. The Applicant is requesting that the alley, which currently provides many of my neighbors and me with direct access to Pacific Ave, be closed off. We are requesting that the project include a walkway or a sidewalk on the west side of the property which will connect the alley to 34th St. so we can access 34th St. and Pacific Ave. from our driveways, without having to walk up to Arctic Ave. and around the block to get there. We understand that access to 33rd St. from the alley will be provided by the proposed new dedicated right of way. 2. We are concerned about structural damage to the surrounding properties and would like the Applicant to commit to repairing any damage to surrounding properties its conduct causes, specifically, any damage attributable to pile driving, in addition to considering newer technology which pre-drills holes for pilings, as was done at Westminster Canterbury. Before the meeting on July 8 could you please provide me with the following: 1. A copy of the Density Study provided by the Applicant, 2. A copy of the Joint Review Process Group report dated June 1, 2026, and 3. The minutes if available from the site review that was conducted. The Density Study and the Joint Review Process Group report that were provided for the former project indicated that the maximum number of units that could be built was 110. 1 am seeking to understand how this project now allows for 130 units. Respectfully submitted, Susan Reed, CPA, Emeritus ii Outlook FW: Beach Tower Proposal From Planning Administration <PlanAdmn@vbgov.com> Date Mon 7/6/2026 8:01 AM To Kara Mclane <KMclane@vbgov.com> Hi Kara, I hope you are doing well. Please see the below email regarding Beach Tower. Have a great day, Alexis Bailey(she/her) DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Planner I, Planning Administration Division 0: (757) 385-8745 1 alebailey�vbgov.com httpslZplanning.virginiabeach.gov/ 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 TAIM CITY()F XrVIRGINIA BEACH From: Robert Fatovic'<rfatovic@aol.com> Sent:Saturday,July 4, 2026 12:40 PM To: Planning Commissioners<planningcommissioners@vbgov.com> Cc: Robert Remick<WRemick@vbgov.com>; Kathy Walsh<KMWalsh@vbgov.com> Subject: Beach Tower Proposal 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. Members of the Planning Commission: Regarding the new Beach Tower development, I am generally in agreement with this development. However, I wish to focus on a neighborhood concern that has been mentioned many times before, and that is Pedestrian Safety. Much has been stated in the staff report regarding the improved walkability of Pacific Avenue. From the staff report to include...."enhanced corners and special paving tc improve walkability along Pacific Avenue,33rd Street, and 34th Street." But still no mention has been made regarding trying to cross Pacific Avenue which all can agree is a dangerous proposition. In our neighborhood meeting,this issue was raised and a suggestion was made that the developer would contribute to install an active pedestrian crosswalk signal or traffic light at 34th St.With the addition of over 200 senior citizens, plus another 50 or so citizens from an adjacent Bishard development on 34th street, as advertised will try to make their way to the Boardwalk.Along with the added volume of cars generated by the new parking garage at 35th street, one could even consider this like a school zone and reduce the speed limit along this stretch of Pacific. It has taken over 3 years for the Hawk signal to be installed at the Cavalier, I trust it will not take as long to provide some relief in this portion of Pacific Avenue.. Thank You for your consideration &VOO-- 0 ROBERT J. FATOVIC' AIA SPORTS PLANNING CONSULTANT 404 33 1/2 Street Virginia Beach,VA 23451 703.582.8095 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 232 JERSEY AVE., LLC [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 233 & 241 Pennsylvania Avenue (GPINs 1467859161, 1467859063). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: August 18, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard for the storage of motor vehicles, delivery trucks, and construction equipment. The site currently contains two buildings and two carports, which are proposed to remain. The building located at 241 Pennsylvania Avenue will be used for office and storage space. Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with landscaping along the exterior of the fence. The applicant is requesting a deviation to the required landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance. The submitted site plan includes a six-foot-tall fence, however, the applicant is requesting a deviation for the installation of plantings along all sides of the Bulk Storage Yard. The applicant owns the parcels to the south and west and believes additional plantings in this area are unnecessary. ■ Considerations: The property is located in the Central Village District of the Pembroke Strategic Growth Area (SGA), which is recommended to transition away from autocentric uses and develop as an eclectic, mid-to low-rise commercial and urban residential area. While not meeting the Comprehensive Plan's recommendations for the Central Village District, the request for a Conditional Use Permit is an acceptable interim use given the current concentration of autocentric uses in the area. Since the proposed use does not align with the vision outlined in the Comprehensive Plan for this area, a five-year expiration on the Conditional Use Permit is recommended, should it be approved. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. 232 Jersey Ave., LLC Page 2 of 3 ■ Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 2. 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the Bulk Storage Yard use after such expiration, the applicant, their successors or assigns, shall seek and obtain approval of a new Conditional Use Permit by City Council. 2. Hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance with the Site Plan entitled "CUP Exhibit", dated May 6, 2026, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed around the entire Bulk Storage Yard as shown on the Site Plan identified above in Condition 3, and shall be maintained for the duration of the use of the site as a Bulk Storage Yard. 5. Should outdoor lighting be installed, a Lighting Plan, in accordance with the City's Lighting Ordinance, shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No vehicles in an obvious state of disrepair shall be parked on Pennsylvania Avenue or Admiral Wright Road, or in an area outside of the designated Bulk Storage Yard as identified in Condition 3 above. 7. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs that are painted, 232 Jersey Ave., LLC Page 3 of 3 pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 9. An approved means of Fire Department emergency access must be installed through the fence. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. The Knox device shall be maintained operational at all times. 10. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager-AO Agenda Applicant & PropertyOwner: Planning Commission • 2026 CouncilV_B_ City '• • • Project Details Request Conditional Use Permit (Bulk Storage Yard) i90 Staff Recommendation - I Approval -- ' -L - '- BRoADST N 40, •`�1 Staff Planner Alexis Bailey AD I WR16NT I RenaissatYsMadera} / ���� •h�5- � �—� I j Location 233 & 241 Pennsylvania Avenue - GP/Ns 1467859161, 1467859063 �'� V_ I -� a Site Size 21,566 square feet Aw SOVT - _ .--- NERN BIYD— --- --- AICUZ Less than 65 dB DNL Watershed Chesapeake Bay . Ex/sting Land Use and Zoning District I ADMIRAL WRIGHT. Former office/ 1-1 Light Industrial _T + Surrounding Land Uses and Zoning Districts - North w a Admiral Wright Road W Automobile repair garage/B-2 Community Business Z South ,iiq Industrial office/ 1-1 Light Industrial East �.• V"9„- i Pennsylvania Avenue Industrial office/ 1-1 Light Industrial West Bulk storage yard, Industrial office/ 1-1 Light Industrial 232 Jersey Ave, LLC Agenda Item 15 page 1 of 12 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard for the storage of motor vehicles, delivery trucks and construction equipment on this 21,566 square foot 1-1 Light Industrial District zoned parcel. • The site currently contains two buildings and two carports, with the remainder of the property consisting primarily of gravel-covered impervious surfaces.The building located at 241 Pennsylvania Avenue will be utilized as an office and storage space for the proposed Bulk Storage Yard. • The proposed hours of operation are 8:00 a.m.to 5:00 p.m., Monday through Saturday.Two employees are anticipated to support this business. • According to the applicant, no changes are proposed to the exterior of the buildings. • Given the site's location in the Pembroke Strategic Growth Area (SGA) and the improvements to this portion of Cleveland Street proposed with the upcoming Cleveland Street Capital Improvement Program (CIP) project, the applicant intends to use the site as-is and understands the use may only be permitted for a limited duration. • Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with landscaping along the exterior of the fence.The applicant is requesting a deviation to the required landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance.The submitted site plan, depicted on page 8 of this report, includes a six-foot-tall fence; however, the applicant is requesting a deviation to the installation of plantings along all four property lines.The applicant owns the parcels to the south and west and believes additional plantings in this area are unnecessary. • The applicant is proposing a six-foot-tall chain-link fence with white PVC slats along the north property line to connect to the existing eight-foot-tall chain-link fence and six-foot-tall wood fence along the east property line. Consistent with other Bulk Storage Yard requests, staff is recommending a condition to require installation of a 6-foot-tall privacy fence in a low-maintenance material, such as vinyl or a composite material, around the entire perimeter of the Bulk Storage Yard as required by Section 228 of the Zoning Ordinance. • Per Section 203(a)(24) of the Zoning Ordinance, offices require 1 space per 330 square feet of floor area. The proposed 650 square foot office will require [start strikethrough] twee [end strikethrough] two parking spaces, and the site has two parking spaces, thereby satisfying the parking requirement. 232 Jersey Ave, LLC Agenda Item 15 page 2 of 12 Zoning # Request 4 B2 1 62 CUP (Automobile Repair Garage) Approved 10/21/2025 1 CUP(Motor Vehicle Sales and Rentals) ADMIRAL WRIGHT RD Approved 10/21/2025 CUP (Motor Vehicle Repair) Approved 11 03/17/2015 2 ul CUP (Bulk Storage Yard) Approved W a 2 08/19/2025 } a 3 CUP (Automobile Repair Garage) Approved 11 11 08/20/2024 usz, 3 4 CUP(Tattoo Parlor)Approved 05/21/2024 a Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ. Conditional Rezoning STC:Street Closure STR:Short Term Rent MDC:Modification of FVR: Floodplain Variance Conditions ALT-Alternative Compliance Evaluation • • • In Staff's opinion, this request for a Conditional Use Permit for a Bulk Storage Yard is acceptable, as an interim use. The subject site is located in the Central Village District of the Pembroke Strategic Growth Area (SGA). While there are similar uses in the vicinity, the proposed use does not align with the Comprehensive Plan's recommendations for the area, which calls for an eclectic, mid-to low-rise commercial and urban residential area. This area is envisioned for live-work, loft, and row-house residential buildings and smaller-scale mixed- use commercial buildings. However, the proposed Bulk Storage Yard use is in keeping with the auto-oriented uses and landscape of the district today and are deemed appropriate as 'interim uses' until the surrounding area begins to redevelop consistent with the recommendations of the Pembroke SGA Plan. Previous Conditional Use Permits for similar uses in this district were approved in the mid-2010s and were conditioned with 10-year expirations, which were intended to coincide with the planned improvements to Cleveland Street. Given that such redevelopment is anticipated to follow the completion of the Cleveland Street Capital Improvement Program (CIP) project, Staff is recommending a five-year expiration date (Condition 1). At the end of the five-year period, the Conditional Use Permit will expire, and a new Conditional Use Permit must be applied for and approved for operations to continue. 232 Jersey Ave, LLC Agenda Item 15 page 3 of 12 As stated previously, the applicant is requesting a deviation to the required landscaping through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations if "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." In Staff's view, the requested deviations to the required landscaping along all property lines are acceptable given the interim nature of the proposed use and the similar uses located to the south and west of the site. The deviations will not negatively impact surrounding properties. Staff concludes that the proposed deviations to this requirement are acceptable and recommends approval. As such, Staff recommends approval of this request subject to the conditions and exhibit in this report. Recommended Conditions 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action.To continue the Bulk Storage Yard use after such expiration, the applicant, their successors or assigns, shall seek and obtain approval of a new Conditional Use Permit by City Council. 2. Hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance with the Site Plan entitled "CUP Exhibit", dated May 6, 2026, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed around the entire Bulk Storage Yard as shown on the Site Plan identified above in Condition 3, and shall be maintained for the duration of the use of the site as a Bulk Storage Yard. 5. Should outdoor lighting be installed, a Lighting Plan, in accordance with the City's Lighting Ordinance, shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No vehicles in an obvious state of disrepair shall be parked on Pennsylvania Avenue or Admiral Wright Road, or in an area outside of the designated Bulk Storage Yard as identified in Condition 3 above. 7. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs that are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 232 Jersey Ave, LLC Agenda Item 15 page 4 of 12 9. An approved means of Fire Department emergency access must be installed through the fence. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. The Knox device shall be maintained operational at all times. 10. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information This Central Village district is envisioned as an eclectic, mid-to-low-rise commercial and urban-residential area. This district will include live-work, loft, and rowhouse residential buildings as well as smaller-scale mixed-use commercial buildings and a sports arena. (p. 34, Pembroke Strategic Growth Area 4 Implementation Plan).The opening of new corridors at Cleveland Street and Southern Boulevard will aid in circulation and mobility in this district.The development to take place in this district will transform the area with a variety of mixed-use and residential development, new sidewalks, landscape, and streetscape improvements" (p. 34, Pembroke Strategic Growth Area 4 Implementation Plan). Quality landscaping is essential to the built urban environment. Where possible any existing natural landscaping should be retained. The corners of significant street intersections, gateways or site entries should be enhanced by special landscape treatments such as pavers, flowering plants, signage or decorative lighting (p. 18, Pembroke Strategic Growth Area 4 Implementation Plan). Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. 232 Jersey Ave, LLC Agenda Item 15 page 5 of 12 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use ?— Unknown uses Proposed Land Use 3—There is no Pennsylvania Avenue specific trip generation data for a and Admiral Wright No Counts Available 9,900 ADT 1(LOS a"D") bulk storage facility but reviewing Road the needs and purpose of the applicant, it is concluded that there will be minimum impact to traffic. 1 Average Daily Trips 2As defined by an 3As defined by a bulk 'LOS= Level of unknown use storage yard Service Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Pennsylvania Avenue and Admiral Wright Road are two-lane local streets. These roadways are not included on the Master Transportation Plan. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water The site currently connects to city water. There is an existing 6-inch city water main along Pennsylvania Avenue. Sewer The site currently connects to city sewer. There is an existing 8-inch city sanitary sewer gravity main along Pennsylvania Avenue. 232 Jersey Ave, LLC Agenda Item 15 page 6 of 12 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 24, 2026 and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 29, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on July 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 4, 2026 and August 11, 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 August 3, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on August 14, 2026. 232 Jersey Ave, LLC Agenda Item 15 page 7 of 12 REFERENCES: CXb 6�CE FENCE AND +w WF GATE MC:VIT30Ff!:.VtvWWWANOWN, /° 232 JERSEY,LLC. STORACf SHOWN ON T`.E AP?RO\ED,ICLP•MI9CI n -- GPIN:1467g6 6101 0 0 0 0 CCNCFJTIAL STIE PIA`: N1F (IA8.4 PG.62) F0RV33ACMRALWRIGH- 232 JERSEY AVE.LLC. 61f N:DD'EW,�AND RD,DATED NAY r 2D2E uw.. GPIN:14672 S'TE SUMMARY. %W10000 UM TS OF eu STORAGE 's( 61ChN CN'NE APPROVED , I 4 (M.8.4,P6.62) rlw"S'.cO\c=�rDA,. 6T="FORM w.n.uwx AP A.ARIGHT RD. •_ • . DATED VAY 27 ZZ _ • 100.00, BULK STORAGE ',4WLFEDRHT '•'",� 41M'LFENCE CARPORT Ey ETI`.G 5' Wr ew.arr CAV�TE C NEW 20 SNF.G I e F'c\CE'/lRH V GATE j gfd�l - } IE-^ 4ARIGATE lGl�l.�uili`.'CSIFFI. a . I PSIS MID J SQ C-+V"N+.VESH NF PROP06EDCHT W T-MrE FVL C W 229 JERSEY AVE LLC. `I — i �VN'°.12NDE SLAT; �' Q GPIN:14878499350000 STORAGE EXISTING1j I vim,X r (M.8.4,PG.62.63) 6• HT �' 4- CARPORT Y µ ALUMINUM PICKET FENCE BULK ri c STORAGE o F"a N N nl -1 FFEENCEW�IH �1 i JIdvF' - vAMw-E L 9-8 q � ; lu I- 1 `------ ---- K ,,. .. Rl I-1 v7 3 T BULK ., cl grave! ix a mN I STORAGE r? w L OFFICE GM 3 EXISTING 8' HT STORAGE F EXISnNG OVERALL IaousF CHAIN UNK ) 6' HT > GATE WITH 8' J F t SECTION OF r EXISTING 8`HT WOOD — o _m WOOD FENCE GAIN LINK GATE FENCE I _ INSTALLED IN � •VATH 8'SECTION OF •� 2CUSTOME X FRONT OF THE `I WOOD FENCE w CHAIN LENGTH I INSTALLED IN FRONT +yT EMPLOYEE "sve r II 0. SECTION OF OF THE CHAIN PARKING U FENCE LENGTH SECTION OF c-.,I :� ( m.vCS 91 FENCE PROPOSED EXISTING 8' HT CONCRETE i CHAIN LINK FENCE APRON WITH 8' SECTION OF WOOD FENCE EXISTING 8'HT CHAIN LINK N ! INSTALLED IN FRONT GATE'WITH 8' SECTION OF W OF THE CHAIN INK WOOD FENCE INSTALLED IN P E N N S Y L V A N I A N SS FENCE FRONT OF THE CHAIN AVENUE m L`p f LENGTH SECTION OF FENCE (50'RIW) CD . ., v Q Ep ; (D � t c.100 00 rD _ OSID N N r N Ln (7 S AMR �q k 232 Jersey Ave, LLC Agenda Item 15 page 9 of 12 Disclosure CITY O�- VIRGINIA Disclosure BEACH Statement r:t utwi­,ures 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 opplicobon 232 Jersey Ave., LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yese No0 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No0 If yes,name Representative: R. Edward Bourdon,Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo If yes,list the names of all officers,directors, members,or trustees below AND businesses that have o parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) George Loizou.Manager&Sole Member Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No0 If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity andfor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) I Financing(mortgage,deeds of trust, O O TowneBank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 232 Jersey Ave, LLC Agenda Item 15 page 10 of 12 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation O - Architect/Designer/Landscape O O Architect/Land Planner i Construction Contractor O O Engineer/Surveyor/Agent 0 0 Legal Services • R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. APPLICANT CERTIFICATION READ.i certify that all information oc ntoined in this Form is complete,true,and accurate.i understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. George Loizou, ManagerGeo e LolLou �� 4 04/27/2026 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the 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): 7/28/2026 _ Alexis Bailey 61(ri11"4/ 7/30/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 232 Jersey Ave, LLC Agenda Item 15 page 11 of 12 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 232 Jersey Ave, LLC Agenda Item 15 page 12 of 12 B2 B w B` 1 ADMIRAL WRIGHT RD 11 W a w a Q z } 11 3 W ,1 En } 11 W z z Z W a 11 ® site 232 Jersey Ave., LLC Zoning 233 $ 241 Pennsylvania Avenue "' E Property Polygons s Feet 0 15 30 60 90 120 Map created by Planning Department on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #15 232 Jersey Ave., LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 15,232 Jersey Ave.,LLC. Mr.Bourdon: So,Chairman,the bad penny turned right back up again. Apologies to Mr.Beeman and Ms. Murphy for making them sit here all afternoon. But this, again, for the record, Eddie Bourdon, Virginia's attorney, representing Mr. Well, Mr. Loizou, with respect to the applicant, 232, Jersey Avenue, LLC. And this is a another example of properties that Mr. Loizou is assembling and purchasing and investing not an inconceivable amount of money in pursuit of the day when he can redevelop these properties in accordance with what our comprehensive land use plan has been recommending for 20 years or so,and I did the first application after we adopted the Strategic Growth Area plans, and Mr. Ripley and Mr. Horsley, and the powers that be on the Planning commission, as well as the staff, said, "Look,we need to put conditions on these things. Because one of these days,you know,this plan is actually going to turn into reality,"And the first one we did,the first few were 10 years. And I can assure you that when they were talking about the idea that it was going to happen within 10 years,there was a fair amount of snickering,for good reason. So there's nothing that Mr.Loizou would like more than to be able to have a form-based code. And be able to come in and redevelop these properties with exactly what our comprehensive plan or something very close there, too. Would like to see, but yeah, no. There's one, one or two other people that have been doing some assembling, but nobody's been doing the degree that he has. So, this this application for bulk storage yard, as has been written up by city staff, and as you have before, you recommends approval the property directly to the north of this property. Excuse me, I miss spoke that. To the east, on Admiral Wright Road, He has recently, within the last 12 months, gotten a bulk storage yard use permit and put up a vinyl fence along Admiral Wright Boulevard. And we are, and I think you all have it in your supplemental package. I've got handouts here if anybody doesn't have it already. We'll do the same fence along Admiral Wright Boulevard and also running. Back perpendicular Admiral Wright Boulevard at the northeast corner of the property,and then there are small little fences between buildings that are wood that'll stay. We're landscaping around the office building at the corner. We're adding two parking spaces with pavement and curb and gutter,and then the fences along Pennsylvania Avenue. Some of them are wood,which we'll retain, and the ones that are chain length. We will put wood fence in front of the chain length fence, so that everything that's visible will be wooden fences. Along Pennsylvania Avenue, and putting landscaping adjacent to our own properties or landscaping it towards. The right of ways have been waived previously, and we would request their waiver again. The conditions, as recommended by staff, are acceptable to my client. Be happy to answer any questions. Mr. Coston: Questions? Mr. Anderson: Mr. Bourdon. I'm a little confused. This morning or yesterday, I forget which, my understanding was that the applicant did not want to do any landscaping. Unless I'm thinking of a different application. Mr. Bourdon: No, he's not. He's does not want to do landscaping on the outside of the fencing that the bulk storage yard use permit in other parts of the city would require. That's what it says, and that's a var. That's a variation being requested. The landscaping that I'm pointing to is around the building itself, which doesn't have foundation landscaping, which he is willing to landscape and put that on the building,but not with regard to outside the fence along Admiral Wright,which he hasn't,he got a waiver from council and this body. Well, council is the only one that can grant it. But with the application on the property next door, on along Admiral Wright,he wants to continue what he did on that property,onto this property. Mr.Anderson: Okay,thank you. Ms. Hippen: Is the other property bulk storage? Mr.Bourdon: I'm sorry. Ms.Hippen: Is the other property bulk storage? Mr. Bourdon: It's automobile. Yes, it's bulk storage. Automobile storage. Yes. Yes,ma'am. Mr. Coston: Any further questions? Discussion. Ms. Byler: Thank you, Mr. Bourdon. Do we have any speakers? There are no speakers. Are you ready for a motion? I make a motion that this application be approved for 4 years only. I'd like to see the change come, and I believe it is coming. I believe we have an overlay, and things are starting to happen here. And if I'm wrong,then come back to us in 4 years. Ms. Cuellar: Second. Mr. Coston: Okay. So it has been moved by Vice Chair Byler and seconded by Commissioner Cuellar,that this item be approved for 4 years instead of 5. Ms. Schoonover: I'd like to get a sense from this commission of whether they are fine with the five year before we make a choice about this four year change because I'd rather do the 5 years if we can. Ms. Byler: Mr. Bourdon, you're shaking your head. Mr. Bourdon: Well,all you're doing is setting up a scenario where I will bet anyone in this room will be back in 4 years to waste more time and more money. When you all,you won't have,I hope you do, I certainly hope you do, but the idea of getting a new zoning ordinance and getting it through and approved by city council is a two or three year process, if we're lucky. Okay,and then the idea of getting a deal put together to come up with a plan that's going to be coming forward with these beautiful new semi high rise buildings and all that goes into putting all that together, it just doesn't happen overnight, and so I don't think we're accomplishing a darn full thing. If can get a form-based code in place in a year and a half,then,you know,4 years is fine. We can get there,but is that going to happen? Who knows. So again,why are we playing this game with someone who's investing lots of money,doing what the city can't do by condemning property and acquiring property to make sure this plan can actually happen? You don't. We haven't seen the big players come along and start trying to buy property so this can happen,because they're tied up at Town Center and they're tied up the Napolitano is at, at, you know, Town center, everybody's all invested in Town center, and so we have the little guys out there trying to put these things together. So this can actually happen one day, and so we're gonna, we're gonna say, you're not doing it fast enough. Well, they're doing everything they can, so why are we playing this game? Well,we're gonna make it 4 years and just make them come back again in 4 years. Ms. Hippen: So. If the development proceeds quicker than you believe, wait a minute, wait a minute. Let me, let me finish, okay? If the process proceeds quicker than you feel it will, is your client ready to move on, or? Mr. Bourdon: 100 %, he would. He would love to be able to bring forth an application to do what it is that our comprehensive plan is calling for, but we, but that's just a comprehensive plan. We don't have anything in our zoning ordinance, which our zoning ordinance when we did. The form based code for Town Center and the form based code for the Ocean Front has worked like a charm. It has been so successful. And it will be successful here, but my own opinion is that we have the city and others have invested substantial sums of money on Town Center,and these plans have been out there. This form-based code could have been adopted; one could have been created, adopted. It takes a long time to do it, but it could have been done years ago. Well, I don't believe we wanted to the risk that it would dilute the interest in town center. So we're going to make sure Town Center is, you know,redeveloped and is in place before we move further west. Well, it's,we think it's time. I think it's time, but I'm not, I don't have a vote, but the reality of is that Mr. Loizou can't do anything that we want him to do without the zoning being in place. And so, again, I'm. You'll do what you think is right. I don't want to, you know, be preachy, but 4 years, 5 years, we did 10 years, 20 years ago,we did 5 years, 15 years ago. We still, I mean, it's just unfortunately, it takes time,a lot of time,and it affects other people whose businesses are in this area too,you know,but it's out there. The folks who own the properties know what's coming someday,you know,and some of them are willing to sell. They're selling at a premium because they know it's going to be different when, when that opportunity arises. But until that opportunity is in our zoning ordinance, it may never happen. Who knows? But this gentleman's taking a risk, and that's all. , Ms. Schoonover: I'd like to make an amendment to this motion and reverse it back to 5 years. You know, we have, we have gotten to the end of development and we are into redevelopment. And we are going to have to start updating all of these the zoning in order to make sure that we can accomplish these goals. I know we can't do it fast enough,but in the meantime,since we know we're trying to put in these places, I want to be supportive of these efforts to do what we'd like them to do. So I hope that we can amend this motion to the 5 years and move forward. Mr. Coston: I think, I guess we have to refer to our counsel there. Do we need to make a subsequent? Ms. Eisenberg: This is a substitute motion, unless the original motion individuals would like to accept the Friendly amendment. But if not,this is a motion to make the substitute motion the main motion. Ms. Schoonover: Pardon me. I'd like to make a substitute motion to make mine the main motion. Ms. Byler: No, I do not accept the amendment to my motion. Ms. Eisenberg: So then, the vote that is pending right now is to make the substitute motion, a main motion,to see if that will become the main or not. Mr.Coston: It's been moved by Commissioner Schoonover,seconded by Moorjani,that we make substitute motion to stick with 5 years. We ready for the vote. Clerk: One second,we're setting up the vote. Ms. Eisenberg: And just for clarification for everyone, so this current vote is not voting on the main motion itself, it's just making it the main motion. If it carries, then you will vote on that motion. If it fails,then you are voting on the other motion regarding the 4 years. Clerk: The vote is open. By a recorded vote of 9 to 2,the substitute motion to make the motion to make the substitute motion,the main motion,has passed. The vote is open. Okay. By a recorded vote of 9 to 2, Item 15,232, Jersey Ave., LLC has been recommended for approval. Mr. Bourdon: Thank you all very much for your patience. Vote Tall Commission Member AYE 9 NAY 2 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'am X Mauch X Conditions 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action.To continue the Bulk Storage Yard use after such expiration, the applicant, their successors or assigns, shall seek and obtain approval of a new Conditional Use Permit by City Council. 2. Hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance with the Site Plan entitled "CUP Exhibit", dated May 6, 2026, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed around the entire Bulk Storage Yard as shown on the Site Plan identified above in Condition 3, and shall be maintained for the duration of the use of the site as a Bulk Storage Yard. 5. Should outdoor lighting be installed, a Lighting Plan, in accordance with the City's Lighting Ordinance, shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No vehicles in an obvious state of disrepair shall be parked on Pennsylvania Avenue or Admiral Wright Road, or in an area outside of the designated Bulk Storage Yard as identified in Condition 3 above. 7. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs that are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 9. An approved means of Fire Department emergency access must be installed through the fence. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch.The Knox device shall be maintained operational at all times. 10. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. u 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITYVIEW TWO, L.L.C. [Applicant & Property Owner] Conditional Use Permit (Mini-Warehouse) for the parcel directly north of 20 Constitution Drive (GPIN 1477730250). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: August 18, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Mini-Warehouse to construct a mixed-use building with a climate-controlled self-storage facility and office space. The site is proposed to be developed with a 7-story mixed-use building, with an overall height of 100 feet. The first floor of the building is proposed to include a mix of office, warehouse, and storage space; however, none of the storage units will be visible or directly accessible from the exterior of the building. The 2"d through 6th floors are proposed entirely for self-storage, while the 7th floor will be dedicated entirely to office use. The proposed fagade incorporates a combination of simulated wood veneer, gray and white metal panels, split-face CMU veneer, and green aluminum composite material (ACM) panels. A loading area is proposed along the building frontage, adjacent to the private driveway from Constitution Drive, and will be screened by an overhead canopy that complements the covered building entrance. The site is adjacent to the Thalia Creek Greenway and portions of the site lie within the Resource Protection Area (RPA) of the Chesapeake Bay; however, the proposed development does not encroach into either area. ■ Considerations: The parcel is located within the Central Business District/Bonney Area of the Pembroke Strategic Growth Area (SGA) and is adjacent to the Thalia Creek Greenway. The imagineVB 2040 Comprehensive Plan and Pembroke SGA 4 Implementation Plan envision a walkable urban environment characterized by mixed-use development, multimodal transportation options, and moderate- to high-intensity development patterns. A parking study was submitted to support the applicant's request for a reduction in the minimum number of parking spaces required for CityView Phase II, which includes the subject site. Section 203(b)(11) allows the Zoning Administrator to reduce the parking requirement upon the submittal of a parking study to include shared parking, or that indicates a substantial number of patrons are pedestrians or arrive by alternative means of transportation. The Zoning Administrator CityView Two, L.L.C. Page 2 of 3 approved a reduction of the required off-street parking from 680 spaces to 602 spaces based on the submitted parking study, which demonstrated that the mixed- use development can effectively accommodate the parking demand through shared parking and alternative modes of transportation. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 3. 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled, "CONSTITUTION STORAGE 40 CONSTITUTION DRIVE — SITE EXHIBIT — CONDITIONAL USE PERMIT APPLICATION", dated 05/28/2026, and prepared by Pennoni, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and incorporated herein by this reference. 2. The exterior of the building shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "BUILDING ELEVATIONS FOR CONSTITUTION STORAGE 40 CONSTITUTION DRIVE" AND "BUILDING RENDERINGS FOR CONSTITUTION STORAGE 40 CONSTITUTION DRIVE", dated 05/20/2026 prepared by RBA Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 3. The storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 4. There shall be no exterior(outside) storage of motorized vehicles, equipment, or materials on the property. 5. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 6. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. CityView Two, L.L.C. Page 3 of 3 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: ft Agenda Applicant & Property Owner: CityView Two, L.L.C. V Planning Commission • 2026 CouncilCity '• • • Project Details Request Conditional Use Permit (Mini-Warehouse) MAIN ST I l.____ w � :. � � DUTCH ST RUN� Staff Recommendation "' VYC'OLUMBUS ST COLUMBUS LOOP Approval ~� BEASLEY CT z s �j� =r�' - z -:-- O -- — -- SOUTHERN BLYD-- NINA DR __.._ _ j PINTA N SEGOVIA CT Staff Planner i LN O LIS O'NT ¢ �RESSLE VIEW PL ' RDINA�,O S CARAPACE u OP Z i 5.� a } Marchelle Coleman NC r DR E� z= a SEP : ---r N01E G Q- m � TILLMAN OR n _ -^ -J z G ES CT 7 F O y� r O in -�2 _ FfRDIN ?C J, Ge u. 15ONN H � RC LOCabOn a� cFCQ coNS''o a Parcel directly north of 20 Constitution Drive CE CITY c Z� NTRAI- GP/N GE" GOtt pJ¢� ,FIR C' 1477730250 Site Size m� 2.57 acres 7� QO°'+ BENDUr RD A/CUZ Less than 65 dB DNL Watershed4;,-,, Chesapeake Bay : Existing Land Use andZoning District �` a sePsd T�LLMAN. Wooded lot/ B-4C Central Business Mixed Use a Surrounding Land Uses and Zoning Districts North Townhomes/A-18 Apartment South tiTtor'oN Hotel / B-4C Central Business Mixed Use East y Duplexes/ R-SD Residential ClI f West �- s Constitution Drive Wooded lot/ B-4C Central Business Mixed Use CityView Two, L.L.C. Agenda Item 16 page 1 of 21 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Mini-Warehouse to construct a mixed-use building with a climate-controlled self-storage facility and office on this 2.57-acre B-4C Central Business Mixed Use district zoned parcel located within the Central Business District/Bonney Area of the Pembroke Strategic Growth Area (SGA). • The subject property is currently vacant and is located along Constitution Drive, adjacent to the Thalia Creek Greenway. A portion of the site lies within the Resource Protection Area (RPA); however, the proposed development is located outside the RPA. • The site is proposed to be developed with a 7-story mixed-use building, with an overall building height of 100 feet, a building footprint of approximately 15,525 square feet, and a total floor area of 124,200 square feet on the subject parcel. • As depicted in the submitted building elevations and renderings, the proposed fagade incorporates a combination of simulated wood veneer, gray and white metal panels, split-face CMU veneer, and green aluminum composite material (ACM) panels. A loading area is proposed along the building frontage, adjacent to the private driveway from Constitution Drive, and will be screened by an overhead canopy designed to complement the covered building entrance. • The Conceptual Site Plan shows the required building foundation, interior parking lot, and street frontage plantings. Based on the conceptual plan, the proposed landscaping appears to satisfy the applicable Zoning Ordinance and Site Plan Ordinance standards; however, a comprehensive review of all planting and screening requirements will be conducted during final site plan review. • Freestanding monument signage is not proposed as part of this development.The applicant does propose building-mounted signage, which shall comply with all applicable Zoning Ordinance requirements, as reflected in Condition 5. • Per Section 203 of the Zoning Ordinance, 1 space per employee on working shift is required for a Mini- Warehouse facility, and 1 space per 330 square feet of floor is required for office uses.Two employees are anticipated for the Mini-Warehouse facility, requiring 2 parking spaces, and 56 parking spaces are required for office use. A total of 27 spaces are provided on-site. • A parking study was submitted in accordance with Section 203 of the Zoning Ordinance, which allows for a reduction in the minimum required parking spaces when a significant number of patrons are expected to arrive on foot, by public transportation, or by bicycle.The study evaluated parking for the entire Phase II of the CityView Project, which includes this parcel, and the entire mixed-use development of CityView Phase II, which includes a total of 219 apartment units, 120 hotel rooms, 61,996 square feet of commercial office space, and 530 storage units, ultimately requiring a total of 680 parking spaces.The Parking Study Determination Letter can be found on pages 16 and 17 of this report. CityView Two, L.L.C. Agenda Item 16 page 2 of 21 Zoning History # Request B3 z _ - 1 STC Approved 12/11/2012 J �\O� CRZ (0-2 Office to Conditional B-4C — P Central Business Mixed Use) Approved m 02/08/2005 B4 z T/CLMAN 2 CUP(Multi-family dwellings, grocery R5D' R stores, carry-out food stores, and V convenience stores) Approved c��srir u 02/08/2005 OR �roN`�/ B4 CO B4 lVT/pH O� BdC " - B4C:_ 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 CityView Two, L.L.C. Agenda Item 16 page 3 of 21 Evaluation • • • This request for a Conditional Use Permit for a Mini-Warehouse is, in Staff's opinion, acceptable.The subject property is located within the Central Business District/Bonney Area of the Pembroke SGA, where the imagineVB 2040 Comprehensive Plan and Pembroke SGA 4 Implementation Plan envision a walkable urban environment characterized by mixed-use development, multimodal transportation options, and moderate-to high-intensity development patterns.The proposed building height of approximately 100 feet is consistent with the scale and intensity anticipated within the Regional Center and remains below the maximum building heights envisioned for this portion of the Pembroke SGA. Furthermore, the proposed office component contributes to the job-oriented mix of uses encouraged within the Regional Center and helps activate the site beyond a traditional standalone self-storage facility. Staff supports the requested Conditional Use Permit for a Mini-Warehouse facility based on the overall design of the project, its mixed-use nature, and its consistency with many of the land use and design objectives established for the Pembroke SGA. The proposal would develop a currently vacant 2.57-acre parcel with a seven-story, 124,200-square-foot mixed-use building containing climate-controlled self-storage and office uses. The development of an underutilized site with a vertically integrated mixed-use building advances the Comprehensive Plan's vision for compact, higher-intensity development within the Pembroke SGA and Regional Center Place Type. Staff recognizes that self-storage facilities are identified within the Comprehensive Plan as an auto-oriented use that should generally be limited or excluded near designated trail corridors.The site's proximity to the Thalia Creek Greenway warrants careful consideration of this policy guidance. However, staff finds that the proposed development differs from a conventional self-storage facility in several important respects. Rather than a low-density storage use surrounded by extensive surface parking and vehicular circulation, the proposal incorporates self-storage within a structured, multi-story mixed-use building that includes office uses and is designed to function as part of the urban fabric envisioned for the Pembroke SGA. The proposed development significantly increases building intensity on the site while minimizing surface parking and preserving opportunities for pedestrian connectivity. As noted previously, the property is adjacent to the planned Thalia Creek Greenway, a high-priority City initiative envisioned to provide a multimodal connection between the Virginia Beach Trail, Mt.Trashmore, and the existing residential trail system to the west while preserving and enhancing the surrounding Natural Resource Area.The proposed mixed-use building is located outside of the Greenway easement, preserving the planned alignment. Landscaping, including canopy trees and other plantings, is provided along the Greenway frontage to complement the natural character of the corridor, while the existing sidewalk and site layout orient pedestrian access toward the future Greenway, supporting integration with the City's planned trail network and minimizing impacts to the adjacent natural resource area. The proposed site design and architecture further support the goals of the Comprehensive Plan and the Pembroke SGA. The building incorporates a contemporary architectural design featuring varied facade materials, including simulated wood veneer, metal panels, split-face CMU veneer, and ACM panels, all of which provide visual interest and articulation. Required landscaping is provided along the building foundation, CityView Two, L.L.C. Agenda Item 16 page 4 of 21 parking areas, and street frontages, while loading and service functions are integrated into the building design and screened by an architectural canopy. The building's placement and orientation along Constitution Drive reinforce the urban character envisioned for the area and establish a stronger street presence than would typically be associated with a self-storage facility. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted to support the applicant's request for a reduction in the minimum number of parking spaces required for CityView Phase II, which includes the subject site. Section 203(b)(11) allows the Zoning Administrator to reduce the parking requirement upon the submittal of a parking study to include shared parking, and that indicates a substantial number of patrons are pedestrians or arrive by alternative means of transportation.The Zoning Administrator approved a reduction in the required off-street parking from 680 spaces to 602 spaces based on the submitted parking study, which demonstrated that the mixed-use development can effectively accommodate the parking demand through shared parking and alternative modes of transportation. The study, which utilized the Urban Land Institute's(ULI)Shared Parking, Third Edition methodology, found that the complementary mix of land uses results in peak parking demand well below the ordinance requirement. Additionally, the analysis determined that public transit, bicycling, walking, and carpooling further reduce parking demand. Collectively, these factors supported the conclusion that 602 off-street parking spaces, consisting of 487 garage spaces and 115 surface spaces, are sufficient to serve the City's View Phase II development. The Pembroke SGA and imagineVB 2040 Comprehensive Plan encourage compact development patterns, multimodal transportation options, and the reduction of land devoted to surface parking. The applicant submitted a parking study demonstrating that the proposed parking supply will adequately accommodate anticipated demand. The site's location within a walkable mixed-use district, proximity to transit and trail facilities, and the operational characteristics of both office and climate-controlled self-storage uses support a reduced parking ratio. As a result, the proposal advances the Comprehensive Plan's objective of minimizing excessive parking while promoting efficient land utilization within designated growth areas. More detailed information can be found in the parking study determination letter provided on pages 16 and 17 of this report. Being that the building elevations avoid the appearance of a traditional storage facility, and that the development contributes positively to the evolving urban character of the Pembroke SGA, staff believes the proposal represents an appropriate redevelopment opportunity that advances many of the Comprehensive Plan's goals for compact, mixed-use, and economically productive development within the Regional Center and therefore recommends approval of the Conditional Use Permit. Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled, "CONSTITUTION STORAGE 40 CONSTITUTION DRIVE—SITE EXHIBIT—CONDITIONAL USE PERMIT APPLICATION", dated 05/28/2026, and prepared by Pennoni, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and incorporated herein by this reference. CityView Two, L.L.C. Agenda Item 16 page 5 of 21 2. The exterior of the building shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "BUILDING ELEVATIONS FOR CONSTITUTION STORAGE 40 CONSTITUTION DRIVE" AND "BUILDING RENDERINGS FOR CONSTITUTION STORAGE 40 CONSTITUTION DRIVE", dated 05/20/2026 prepared by RBA Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 3. The storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 4. There shall be no exterior(outside) storage of motorized vehicles, equipment, or materials on the property. 5. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 6. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan identifies this site as being located within the Pembroke Strategic Growth Area (SGA), specifically within the Central Business District/Bonney Area and the Regional Center(Edge) Place Type as CityView Two, L.L.C. Agenda Item 16 page 6 of 21 designated by the imagineVB 2040 Comprehensive Plan.The Comprehensive Plan envisions Regional Centers as compact, walkable, mixed-use environments characterized by moderate-to high-intensity development, multimodal transportation options, and a concentration of employment-generating uses (p.93 ImagineVB 2040 Comprehensive Plan). Similarly, the vision for the Pembroke SGA 4 Implementation Plan embodies a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood protection, 'green' buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically diverse areas." (p. 14, Pembroke Strategic Growth Area 4 Implementation Plan ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic 32,700 ADT 1(LOS a Existing Land Use z-0 ADT Constitution Drive 6,750 ADT' D„) Existing Zoning: 1,788 ADT based on 2.6 B-4C Zoning Proposed Land Use a-160 ADT 1 Average Daily Trips 2As defined by a 3As defined by a 'LOS = Level of vacant 2.6-acre lot 124,200 sf mini- Service storage and office use Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Constitution Drive is a four-lane, divided minor arterial roadway. There are currently no CIP projects scheduled for this section of Constitution Drive. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. CityView Two, L.L.C. Agenda Item 16 page 7 of 21 Public Utility Impacts Water There is an existing 8-inch City water main within Constitution Drive. The site must connect to City Water. Sewer There is an existing 8-inch City sanitary sewer gravity main along Constitution Drive. The site must connect to City sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on July 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 4, 2026 and August 11, 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 August 3, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on August 14, 2026. K CityView Two, L.L.C. Agenda Item 16 page 8 of 21 AliLANDSCAPE NOTES: SECTION C.5A.6 FOUNDATION LANDSCAPING +" REQUIREMENTS FACADE=115 LFX 50%=57.5 LF { 73 SF 17 115=15OR VEER PRO OR 12 PLANTS REQUIRED OI " • WE ARE PRONDING2MEgUMTREES AND IO SFIRUB> . - ,,-,.h :.s SECTION C-5A.5 PARKING LOT STREETS FRONTAGE REQUIREMENTS E '- "' 10 WDE LANDSCAPE PARKING LOT SCREENING PROVIDED SHRUBS FOR HEADLIGHT SCREENING ¢ 3 ALL SPECIES MILL BE CHOSEN DURING SITE FLAN SUBMISSION y ia+ 9LW ..,1 � tEai c4 coxsE°� x c 2s/T FOUNDATION 7-STORY OFFICE& PLANTING— STORAGE FACILITY 12 CONCRET H (see notes) BUILDING �, SIDEWALK O?I 3 z 135'X115 r Op O2 15,525 SF FOOTPRINT r'. z t a ------- — 124,200 SF TOTAL F; 0 c u LARGE CANOPY TREE 0 a SITE STATISTICS (SPECIES TO BE DETERMI p t �d RING TEFL ,Rl );`I PROPERTY DESCRIPTION: CONSTITUTION DRIVE z in 1477-73-0250-0000 CITYVIEW TWO LLC PARCEL ZC 2.574 AC '� I---•7 m b _ O p 6 TOTAL PROPERTY AREA 112,132 SQUARE FEET EXISTING -y t-I LOADING r u m 2.574ACRES SIDEWALK��� A '�� AREA �ifi- �n 0 PROPERTY ZONING 84C CENTRAL BUSINESS MIXED USE � x + S } { B-4C BUILDING SETBACKS O'FRONT(MINIMUM) ` `` q4. +I S Seyy1: " 10'FRONT(MAXIMUM) Y + + �a 0'SIDE _A 0'REAR ADJACENT ZONING RS-D EAST A-18 NORTH 64c SOUTH MEDIUM CANOPY TREE PROPOSED OFFICE AREA: 18,S25 SF L, STREET (—(SPECIES TO BE DETERMINED \PROPOSED STORAGE AREA: 84,625 SF f530+/STORAGE UNITS) \ \ � FRONTAGE DURING SITE PLAN REVIEW) REQUIRED PARKING(OFFICE) 1 SPACE PER 330 SF OF FLOOR AREA SHRUBS FAIRFIELD BY MARRIOTT \ 4 REQUIRED PARKING(STORAGE) 1 SPACE PER EMPLOYEE HOTEL T� PROVIDED PARKING(OFFICE) 565R1CFS(REFER TO PARKING STUDY) PROVIDED PARKING(STORAGE); 25PACE5(2 EN PLOYFES) � REQUIRED BICYCLE PARKING: 6(5 FOR FIRST 25 PARKING SPACES WTH ONE ADDITIONAL FOR THE NEXT �S i 1 RIPLE 26001' 50 PARKING SPACM I 0`Q 1 - muas:n l'D C PROVIDED BICYCLE PARKING: APPROXIMATELY 1600VERALL IN THE G CRYMEWTWO MIXED USE Q DEVELOPMENT,WITH 1361N THE BIKL CR.APHI-�- C SCALE ROOM LOCATED WITHIN THE Fp � I I , THE CONSTITUTION � .. 0 d CONSTFTLFION PARKING GARAGE { �. ' APARTMENTS CL�1 p~' 3 r miawm mr«wa mxerq IV F-� f7 I-� Ol a BUILDING Lr1.EVA'IYONS FOR CONS1'l'I'U'1'lON Sl'ORAGL 40 CONS'P1T1;1'lON URIVL' I simulated wood veneer -- Fwl • In metal panel,color:white F a . _- LJ LJ J metal panel,color:gray storefront windows it k • a insulated metal panel,color:gra it faced C&IU block veneer NORTH ELEVATION FAST ELFVNI'ION simulated wood veneer storefront windows — F metal panel,color.white J i � c metal panel,color.gray S 1 J Notc: simulated wood veneer z Signage shown for illustrative purposes p g only and is not AC�1 panels, green for storefront windows f approval as part of this application. insulated metal panel,color:gray 40 OONSTiftl'ITtkl Alit faced CVU block veneer 5/2 012 0 26 WEST ELEVATION „ SOUI'II ELL'VNI'ION ..,w.w.. n VIERRA Rmrini�negs re�cm<ept lllusnatlo gonpy and subject �H� Ripley Heatwole tochan thr outthetormalder n mceaa.All r y materials and colon illustrated are mmeptual in nature > _C CONSTRUCTION+DEVELOPMENT ■.-- COMPANY andmaynit develpnentphut[oeeekctedmrhe R 8 A Proiea design development phase fD fD !y O0 O p t— F� Ql Proposed Building Renderings Aff Mal F �r Y y 4 t S` H Z -77 �r m f z f Vim V l cam; Y .. CityView Two, L.L.C. Agenda Item 16 page 11 of 21 Proposed Building Renderings r � � nk a i a r z �R° Ucr tDw r W r• ci L_ F4 P. a N u�� „ �Ss s � - &• �� CityView Two, L.L.C. Agenda Item 16 page 12 of 21 Proposed Building Renderings A. r ' f >v •c � � i�Y c~ Illustrative Images of Proposed Indoor Bicycle Spaces 1 �i r 114 4 00 jjw pit . � r j Me � Illustrative Images of Proposed Outdoor Bicycle Spaces r page 15 of 21 Parking StudyDetermination ICIITY OFF PLANNING&COMMUNITY DEVELOPMENT �/ I R V I N I A Zoning Administration BE /\�(J 2403 Courthouse Drive,Building 3 — _.. A //�-ii Virginia Beach,VA 23456 June 29,2026 Gerald Salzman, DESMAN Jack Baum, DESMAN Robert Beaman III,Troutman Pepper Locke 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 Re: CityView Development Shared Parking Analysis This letter is in response to your request for a parking reduction for Phase II of the proposed CityView project located directly north of 20 Constitution Drive at GPIN 1477730250 [the "site"].This project is a mixed-use development that includes 219 apartment units,120 hotel rooms, 61,996 square feet of commercial office space,and 530 storage units. The site is zoned B-4C,Central Business Mixed Use District. The purpose of the B-4C Central Business Mixed Use District is to provide an area that complements the Central Business Core District through quality mixed use development at intensities and patterns that support multiple modes of transportation,higher residential densities, including high-quality workforce housing in appropriate areas within the district,and an integrated mix of residential and non- residential uses within the same building or on the same lot. Section 203 of the Zoning Ordinance requires a total of 680 on-site parking spaces. Use Requirement Code Section Parking Spaces 219 apartment units 1.7 spaces per 203(g) 372 spaces dwelling unit 120 hotel rooms One space per 203(a)(20) 120 spaces lodging unit 61,996 square feet of 3 spaces per 1,000 203(g) 186 spaces commercial office square feet of floor space area 530 storage units One space per 203(a)(32) 2 spaces employee on maximum working shift (757)385-4621 virgin iabeach.gov/plan n ing CityView Two, L.L.C. Agenda Item 16 page 16 of 21 Parking Study • n Letter June 29,2026 CityView Parking Analysis Page 2 of 2 The off-street parking section of the zoning ordinance permits parking reductions based on the submittal of a parking study showing shared parking and indicating that a substantial number of patrons arrive by alternative means of transportation. The parking study entitled,"CityView Development Shared Parking Analysis, DESMAN Project 30-17119.01-3"and dated June 10,2026 has been submitted to the Zoning Office. Included in the document is a shared parking analysis based on the Urban Land Institute's(ULI)3rd edition of Shared Parking and community and site data referencing alternative commuting modes for the development. Following review of the document, I have determined that the proposed reduction to 602 required parking spaces for the above referenced property is approved. The following factors were considered in approving this reduction in parking from 680 required spaces to 602 spaces. • ULI land use and base demand summary indicating compatible shared parking with a peak demand of 481 spaces during the weekday and 436 spaces during the weekend,a proposed parking reduction of 29.7%. • Alterative modes of transportation from public transit,bicycles,carpools,and walking indicate a 9.4%reduction in required parking is appropriate. • Combining the shared parking and alternative modes of transportation studies, DESMAN concluded that incorporating a shared-use parking approach at the CityView development would reduce parking demand by a combined 37.9%. • The development plans to provide 487 garage spaces as well as 115 surface spaces,for a total of 602 parking spaces to serve the various land uses in the development. Based on the factors listed above,this site is approved to have a required 602 off-street parking spaces to accommodate 219 apartment units, 120 hotel rooms,61,996 square feet of commercial office space,and 530 storage units.This approval is valid only for the uses as described. Redevelopment or repurposing the site to a new use voids this approval.Should the site increase in size and/or capacity,a new parking study will need to be provided to the Zoning Office for review. If I can be of further assistance,please give me a call at(757)385-8545 or email at HMSabo@VBgov.com. Sincerely, A4124� Hannah Sabo Zoning Administrator (757)385-4621 virginiabeach.gov/planning CityView Two, L.L.C. Agenda Item 16 page 17 of 21 .� . 2 �2© ®- ����. . �. Site Photos Otgew Two, ELC Agenda Rem 16 page 18 0 21 Disclosure StatementCITY OF VIRGINIA Disclosure V—8- BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the applicotion as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertoin to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed oil application CityVlew Two, L.L.C. Is Applicant also the Owner of the subject property? Yesr! Noo if no,Property Owner must complete SECTION 2:PROPERTY OWNER DI-SCL.OSURE(page 3). Does Applicant have a Representative?YesO No0 if yes,name Representative: Robert P Beaman Ili-Troutman Pepper Locke LLP is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNoo if yes,list the mmnes 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 necessa(y.) Members and Managers_F.Andrew Heatwole,Ronald C.Ripley,and F.Scott Ripley Does the subject property have a proposed or pending purchaser? Yes NolF) If yes,none proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No� If yes,nome the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The nnme of the entity andjor individual providing such services must be identified.(Attach list if necessary) SERVICE YES NO SERVICE PROVIDER (Marne entity and/or individual) Financing(mortgage,deeds of trust, O O TowneBank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 _ Disclosure Statement I rev. May-2024 page I of 3 CityView Two, L.L.C. Agenda Item 16 page 19 of 21 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O 0 RBA Architects(Chris Elam) Architect/Land Planner _ Construction Contractor 0 0 Terra Construction&Development(Ross Vierra) Engineer/Surveyor/Agent 0 Pennoni(Brad Martin) Legal Services 0 Troutman Pepper Locke LLP(Robert Beaman) APPLICANT CERTIFICATION READ:I re rtify that all information contained in this Form is complete,true,and accurate.I understand that «won 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, VI?DA,CBPA, Wetlands Board or any public body or committee in connection with this application. CITYVIEW TWO,L.L.C. \ By: F. Andrew Heatwole, Manager`'N � Applicant Name(Print) Applicant Signature Date = "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2"Aff►liated business entity relationship-means"a relationship,other than parent-subsidiory relationship. that exists when(i)one business entity has a controlling ownership interest in the other business entity,jii) 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): 8/7/2026 L�?��iL�iln�.fr✓ Marchelle L. Coleman _/7 2026 Staff Name(Print) Staff Signature Date Disclosure Statement ( rev. M a y-2024 page 2 of 3 CityView Two, L.L.C. Agenda Item 16 page 20 of 21 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. CityView Two, L.L.C. Agenda Item 16 page 21 of 21 Of 4. U . .._. B4C ....... CpNsTjT pR NST�Tvr,ON - B4C T ® Site CityView Two, L.L.C. Zoning Parcel directly north of 20 Constitution Drive W-7' Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #16 CityView Two, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 16 CityView Two,LLC. Mr. Beaman: Chairman, Madam Vice Chair, members of the Commission, for the record, my name is Rob Beaman, Troutman Pepper Locke Law Firm here today, on behalf of the applicant, CityView Two, LLC, I'm joined by a couple of the principals of CityView Two, including Dan Heatwole and Jimmy McCune. The application before you right now involves two and a half acres. It's located along Thalia Creek, just east of Constitution, south of Town Center. The applicant proposes to develop an additional phase of the CityView project, which currently includes the Constitution,midtown apartments,a Fairfield inn and suites hotel,and approximately 17,000 square feet of office space. The current phase, which is the building before you today, would have two components. It's a mixed-use building with two components. The first would be a climate-controlled indoor self- storage component, and the second would be 18,500 square feet of office space, which would be used for the corporate headquarters of the Ripley Heatwole Company,which is the parent company of the applicant,and also one of their affiliates,which is a telecommunications company. All told, there would be approximately 40 to 50 employees be expected to work out of this building. Additionally,I wanted to note that each of the self-storage floors in the building has been designed to be convertible to office space. These are growing companies, and the hope is, of course, that that there will be some future expansion. From a design perspective: the applicant intends for this building to raise the bar for self-storage in the city of Virginia Beach. In addition to having a mixed-use, significant office component, this building would be designed so that the self-storage component would not be visible from the exterior. It would appear to be completely office from the exterior, and there would be no kind of display windows that show,you know, storage doors behind, or bright lights that you see in some of the other storage facilities in the city. The other thing I want to mention is that there is an easement on the. Property along the Thalia Creek frontage, which would protect all of the mature vegetation that's on the site, which would provide a significant additional screening. So, with that, we certainly thank the Planning Commission for their time and consideration, and we'll stand by for questions. Mr. Coston: Do we have any speakers? Clerk: There are no speakers. Mr. Coston: Okay, and we're open for discussion or motion. Ms. Hippen: So you just said that the office space, that the storage spaces are convertible to office. Mr. Beaman: Yes. Ms. Hippen: Which is going to require more parking. Yet you are under the amount of parking that's required already. Mr. Beaman: That's right. There's a shared parking agreement in place that's been approved by the zoning administrator. But that approval is locked into the specific use mix. Now,if we wanted to expand and convert uses from self-storage to office, we would have to go back in and get an alternative. You know, either add more parking or get an additional approval. Ms. Byler: Okay, so where is the shared parking? Mr. Beaman: Sure, there is shared parking, right planned south, there is a parking garage and there's,there's actually a surface parking lot on the site of this building,the proposed building, and then there's a structured parking facility under the Constitution Apartments,which is just south of the property. Mr. Coston: Thank you. Mr.Beaman: Yes, sure. Mr. Coston: Commissioner Camp. Mr. Camp: Thank you, Attorney Beeman. I've seen variations of this project, I think, for 20 years. So,help me understand the current one. On the first floor,what is the proposed use mix? Mr.Beaman: The proposed use each floor is approximately 15,525 square feet. I believe,on the first floor,there's approximately 3,000 square feet of office space,which would be unrelated to the self-storage. It would be Ripley Heatwole and Affiliates space. The remainder of the space on the first floor, there's a small warehouse component associated with the with the office use, and then self-storage would be the bulk of the use on the first floor. The middle floors would be self- stores, and the top floor, 15,525 square feet would be all office. So there's a 18,500 square feet of office. Mr. Camp: Alright. Let me make sure I got that on the first floor. You've got about 15,000 square feet, and within the floor plate, and you've got about 3,000 square feet related to office use. So about 20%of your first floor is going to be office, 80%is going to be storage. Is that ballpark correct? Mr. Beaman: I believe that's correct. Mr. Camp: And I think that is my only question at this time. Mr. Coston: Thank you. Any further questions? Ms.Byler: Mr. Beeman,you know, my position that we've worked hard on getting Town Center to the point where it complies with the SGA, that it's walkable, that it's community centric, and that it is not auto focused. By very nature of the storage,that's what we're doing, and I believe the COMP Plan and the Strategic Growth area outlines say no self-storage unless special permission, special consideration,and the ground floor should be designed so that people linger and that there's people coming and going. And what you're describing to me doesn't meet that. I really appreciate so much effort to make it look nice, but what we're trying to do is to make the wrong thing look good. Why don't we just put the right thing? If the whole ground floor were not storage,I would be—I'd feel so much better about this. When we say mixed use for this site, I was really hoping for mixed use of residents, office retail, not mixed use of warehouse and office, all used by one user. So, it's not something that people are going to be lingering and interacting, which is what our COMP plan calls for. I'm disappointed in it. I may be in the minority. I appreciate, I really do appreciate all the effort to make it look good. But all that effort to make it look good is because it's the wrong thing, in my opinion. How are you going to convert the office space,or how are you going to--how are you going to change it from being storage to something else to office or retail? Mr. Beaman: Yeah, my understanding from my client is that the bones of the space have been designed to accommodate offices as well, even additional punch throughs on elevators and stuff like that. So, it's built into the design. Ms.Byler: Do you know how tall the ceilings are? Mr.Beaman: On each individual floor, ceiling height. Mr. Heatwole: Good afternoon. The ground floor. Oh, sorry, Dan Heatwole. I'm the CEO of Ripley Heatwole Company. The ground floor has a 20-foot floor-to-ceiling height. The middle floors, I believe it's an 11-foot floor to ceiling height, and then the top floor has a 20-foot floor-to- ceiling height as well. Ms. Byler: Okay,thank you, Mr.Anderson: Mr.Heatwole. I got a question. Sorry, since you were up there, it helps with this question. Commissioner Camp brought something up,but we've been discussing it for a long time. My understanding was that this particular spot,Phase 2 of City Center,was going to be apartments as well. And I'm just curious,why, if that's true, and why the change? Mr. Heatwole: Sure. So this site, I guess since 2004, when we started working on it, has gone through a lot of different iterations for this particular parcel here, all the way back in 2004, it was an office building. I guess, late 2005 to 2010, it was potentially going to be the new Thalia fire station that went through a lot of design and discussions with the city before they decided to build it west of Independence, at the current location next to the Post office. There was a time when it was looked at as a condo tower prior to the'08—'09 kind of real estate crash,and kind of since then. It has been in sort of a placeholder since that, since the fire station discussions ended, and then since the condo market kind of. Went away from where it was at the time. This concept was really born from a desire to have all of our different entities under one roof. And for our telecommunications company, that's began expanding nationwide. We are currently in office warehouse space, where the warehouse space is sort of their testing facility for new equipment, wireless technology,things like that. And so we need that capability in a building,but that doesn't really fit Traditional Class A office space. So,we worked with the planning department to kind of come up with an idea of what would be a way to integrate these different types of uses. And so that was where the concept came to have the storage component,office component,warehouse is maybe not the best term,but it's in essence two floors, two double height ceiling, so that for like, wireless festival. Those antennas can be raised for testing things like that there's a higher floor to ceiling height, and then our desire that all of our entities be under one roof is how we came to this,this design. Mr.Anderson: Okay, that's very helpful. Ms. Hippen: Thank you. Okay, don't go away. Okay, so what you're saying is storage is not quite, what you're doing on the first floor, because that's the question at hand. So, what you're telling me is that you're going to have, like,you're going to have testing facilities,which would be shielded rooms,correct? Mr. Heatwole: Yes. So,a portion of the ground floor is storage. So,the frontage of the ground floor is commercial. So, some of that is going to be available to lease to other tenants. Some of it we're taking. That tie into what I call the warehouse space,but that that warehouse space is about 2,500 square feet of two-story volume space, which is where our team can test different technologies and things that they're using. That ties into a part of the ground floor office that that we will retain. The rest of it, our preference would be to work with some of the local business organizations that need small offices where they can share conference facilities, things like that. And then there is a lobby that'll have, you know, public art, things like that, but there'll be an elevator system there that goes directly to the top floor,and that's where our main corporate offices will be for all of our different entities. There will be a third kind of entrance component, and that is the self-storage piece. That when you come in, there will be sort of a reception desk there. There will be as you go further into the building, where you get to the I guess you would call them cargo elevators, that that go up. But behind that sort of front facade, deeper in the building, there would be a portion that is ground floor cell storage. Mr. Coston: Commissioner Camp. Mr. Camp: Mr. Heatwole, I apologize for another question, but I thought I had the answer with Mr.Beaman,And now I'm confused again. On the first floor,I asked the question, "What's there?" And a rough allocation was 20% office, 80% storage. Am I now hearing that there's some form of like light industrial use, some type of testing of equipment that is going on in the first floor? Sorry, help me out here. Mr. Heatwole: Yeah, what I call the warehouse space is about another 2,500 square feet of that ground floor, and so that that is a about 20 foot height, similar to what we have here. So our company does TV, internet, phone. We're an ISP provider. We started originally as a TV company. These days we're 90 % an internet company, and so those technologies -- some of the stuff we do is pop up festivals, you know, concerts at the oceanfront, things like that, where you have wireless antennas that are running. They need the height to test those, those devices just to make sure they're talking to each other. There's storage for different components that we're taking to residential units or different places,you know, conduit things,things of that nature that that we need to store. And our team needs to be able to access on a constant basis, whether it's from our call center, from our text, those type of things. So some of it is storage for ourselves, some as a testing area,but it's basically just a large open space. There's shelving, and then there's floor space where the testing can take place. Mr. Camp: And is part of this warehouse storage type space to be leased to the public as like self-storage? Mr. Heatwole: Okay, not for that space. So I'll kind of break it down into three components. About 3,000 square feet of the ground floor is leasable commercial office space. Mr. Camp: Got it. Mr.Heatwole: Behind that, roughly 2,500 square feet is our what I call warehouse space,which is a two-story volume space,and then behind,where the entrance and reception area is for the self- storage, is the ground floor self-storage space,which is probably 6,000 to 7,000 square feet. Mr. Camp: So there is self-storage space on the first floor, 6,000 to 7,000 square feet. Mr. Heatwole: Yes. Mr. Camp: Okay. I have a question for staff when the time is appropriate. Mr. Coston: Any further questions? I guess you can go here with the staff question. Mr. Camp: Thank you. Appreciate it. So, with regard to the use that we just heard described about testing some form of telecommunications equipment, is that a use that, in your staff review, you understood and is considered part of the storage as described in the staff report? Ms. Alcock: I don't know. We did understand that there was a telecommunications office and component to the company. I wouldn't defer to the zoning administrator as to whether or not it becomes another primary use or testing of the equipment, the telecommunications equipment. I would say having the telecommunications. Communications company was not a concern for staff. Ms. Sabo: Yes,I'd have to get more specific information for how, what is specifically occurring onsite. That's different than a telecommunications office. Mr. Camp: Well, I understand that, but we're on the verge of a vote here, and collectively, we're not in, we don't appear to understand what the uses are on the first floor of this building, and our current zoning code says no storage units shall be located on the ground floor, and so on about other things. So, I'm trying to apply the rules that we have right now to the facts that we have just now disclosed, and I can't sort it out and reconcile it. Ms. Sabo: So,the storage units are my understanding that that's the mini warehouse component. A office use, a telecommunications use, it's understood that they would have some amount of storage that would be part of that use, and that would be.accessory to that office use. Ms. Hippen: Yes. Since I stirred the pot, we just we just did. So this was submitted before we voted this morning on number 4, correct? So that, that's the question here. Ms. Alcock: Yes. Ms. Hippen: Okay. The testing. So, I'm a Twidget. Okay, that was why I asked the question about testing. I don't think it's testing like testing new,for those that don't know what a twidget is, it's electronics tech. Mr. Heatwole: I apologize. Ms. Hippen: Is this just making sure the equipment works, not testing new equipment, not developing and all that? Right. Mr. Heatwole: Absolutely. So, we're an internet ISP. So, as an example, we primarily serve apartment buildings, and one of the things that we've come up with is that, you know, now, you have a smart box,which is like your router you'd have at home, is embedded into kind of a cabinet in a closet, and it creates a wireless network in your unit. We mesh that throughout the building. So if you're to go to a pool or the club room,you can actually stay on the internet, but you stay on your own private network. You do not go onto a guest network, so. You know, whatever you're working on is secure. So when I say testing equipment, it's no different than the wireless routers that are in this room. It's more of turning them on, where you have a cell phone. Is that router talking to a cell phone? It's similar to the device you see up on the ceilings here. It's that. It's not some kind of microburst waves or anything like that. I'm sorry if I misspoke. It's just simple routers, you know, DVR receivers that you would have for a TV system,things like that. That we need the ability to test in an open space. Ms. Byler: I understood it. That was I asked the question so that they understood. Mr. Heatwole: And I apologize if I did not state that clearly. Ms. Byler: Because sometimes when twidgets talk, we don't realize that everybody does not realize what we're talking about. Ms.Alcock: And, as described,that would fall into the realm of a telecommunications office. Mr. Mauch: Yes. And just for even clearer clarification, you're not broadcasting anything out. It's testing the equipment to make sure it's communicating,but between itself. Mr. Heatwole: That's correct. So, in our current space, which we're, this is going to be larger than we are currently located,we'll have TVs to make sure that when you set up the you know,the tracking devices and conference rooms,things like that,that as one speaker is talking,doesn't shift to them and those type of devices. That a router that we're going to put in a unit. When you turn it on, do the computers connect to it? Is it actually a viable system? So,just really the same type of equipment you'd have in a home, because we primarily serve apartments, timeshares, RV and modular home parks. Those are generally our clients. Ms. Byler: But with the amount of space that you're going to use for office and testing on the ground floor, combined with the amount of office space that you intend to lease represents less than one third of the ground floor. The rest is going to be mini-storage, right? Mr.Heatwole: Yes, about 6,000 to 8,000 square feet. I believe is that the ground floor will have that storage component. Ms. Byler: Thank you. Mr. Coston: Any further discussions? Do I hear a motion? Ms. Schoonover: I move that we approve the project. Mr. Coston: It has been moved by Commissioner Schoonover that this item be approved. Have been seconded by Commissioner Mauch. Clerk: The vote is open. By a recorded vote of 8 to 3, Item 16, CityView Two, LLC, has been recommended for approval. Vote Tall Commission Member AYE 8 NAY 3 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X Byler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X MoorJani X Mauch X Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled, "CONSTITUTION STORAGE 40 CONSTITUTION DRIVE—SITE EXHIBIT— CONDITIONAL USE PERMIT APPLICATION", dated 05/28/2026, and prepared by Pennoni, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and incorporated herein by this reference. 2. The exterior of the building shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "BUILDING ELEVATIONS FOR CONSTITUTION STORAGE 40 CONSTITUTION DRIVE" AND "BUILDING RENDERINGS FOR CONSTITUTION STORAGE 40 CONSTITUTION DRIVE", dated 05/20/2026 prepared by RBA Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 3. The storage units shall be used only for the storage of goods.The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 4. There shall be no exterior(outside) storage of motorized vehicles, equipment, or materials on the property. 5. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 6. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. �?7 iz> `•�^p^ Psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1036 FP ROAD LLC [Applicant & Property Owner] Conditional Use Permit (Mini-Warehouse) & Conditional Use Permit (Bulk Storage Yard) for the property located at 1036 Ferry Plantation Road (GPIN 1478450391). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: August 18, 2026 ■ Background: The applicant is requesting two Conditional Use Permits, one for a Mini- Warehouse and one for a Bulk Storage Yard, to develop the site with a self-storage facility, including outdoor container storage and a contractor's office with associated indoor and outdoor storage of materials and supplies. The site currently contains a vacant 25,000 square foot building, which will be retained and reused, and a 100-foot monopole communication tower. The interior of the existing building will be converted into for-rent storage units and associated office space. 23,500 square feet will house for-rent storage units, and the remaining 1,500 square feet will be used as office space for both the Mini-Warehouse use and for a tenant operating a restoration business. Storage containers and supplies are proposed to be stored outside the building within fenced portions of the existing parking lot. Section 228 of the Zoning Ordinance requires the Bulk Storage Yard area to be enclosed by Category VI screening. Category VI consists of a minimum six-foot- tall solid fence with Category I plantings. The applicant is requesting a deviation to the required landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance. The submitted site plan includes a six-foot-tall fence; however, the applicant is requesting a deviation to the installation of plantings along portions of the outdoor storage area. The applicant has indicated that they would be unable to install the required landscaping due to the limited space and utility easements along the northern and southern property lines and the location of the communication tower at the rear of the property. Additionally, the applicant intends to install Category VI landscaping along Ferry Plantation Road in order to screen the outdoor storage areas from view along Ferry Plantation Road and adjacent residential properties. ■ Considerations: The site is designated as a Local Center Edge Place Type, which designates the area for compact, walkable, mixed-use, and locally oriented activity. The proposed Mini-Warehouse and Bulk Storage Yard are surrounded by a mix of uses, including a self-storage facility to the north and east, a day-care and accounting firm to the 1036 FP Road LLC Page 2 of 4 south, and a residential neighborhood to the west on the opposite side of Ferry Plantation Road. The proposed use would provide a service to the surrounding businesses and residences. Staff initially recommended denial of the proposed Conditional Use Permit for a Bulk Storage Yard, as the applicant was proposing bulk storage along the front of the site facing Ferry Plantation Road. At the Planning Commission hearing, the applicant proposed to remove the bulk storage from the front of the building and instead limit the outdoor storage to the site of the building, which staff and the Planning Commission were supportive of. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. Conditional Use Permit for Mini-Warehouse 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Proposed Site Plan Haygood CUP" dated April 27, 2026, revised June 3, 2026, revised June 29, 2026, prepared by SISKA AURAND Landscape Architects, Inc. a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 1036 FP Road LLC Page 3 of 4 Conditional Use Permit for Bulk Storage Yard 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Proposed Site Plan ff Haygood CUP" dated April 27, 2026, revised June 3, 2026, revised June 29, 2026, prepared by SISKA AURAND Landscape Architects, Inc.;; "^�eF, The Bulk Storage Yard use shall be limited to the area to the south of the existing building and shall not extended beyond the front plane of the existing building on site. A copy of said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The fencing on the site shall be developed in substantial conformance with the rendering entitled "Fencing Details Haygood CUP" dated April 27, 2026, revised June 29, 2026, prepared by SISKA AURAND Landscape Architects, Inc., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 3. Storage containers shall only be moved from 7:00 a.m. to 4:00 p.m., Monday through Friday. 4. The outdoor storage materials shall not be stacked higher than the privacy fence enclosing the bulk storage yard area. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map 1036 FP Road LLC Page 4 of 4 Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:Rio Agrenda Applicant & Property • 1 • FP '•.• LLC Planning Commission • 2026 vs, CouncilCity • Project Details Request Conditional Use Permit (Mini-Warehouse) „AYGOOD 0 040 ESTATE LN Staff Recommendation o�o PP1P .,T w° F FERP 1 t Approval OP VTR o "Is OoOO Staff Planner Alexis Bailey G m a� �� HONEvaaoveaD. E S Location =Ni P4E�` 10 1036 Ferry Plantation Road 0 bon iw�`xhryt rc n� �000 O.. :�.1 O GPIN 1478450391 �y AIBERT CT p S Q G LOSSOUGi P (L T'�4G,� aP81 Site Size Z N e DPP 1.696 acres "�� P�P�PJE SP�oy {9cg Pa`S AICUZ JE ? P O `FlE`OL YPN EOypP Less than 65 dB DNL Watershed Chesapeake Bay , �• r .' Existing Land Use and Zoning District Former skatingrink/ B-2 Community Business � , Y 11 Surrounding Land Uses and Zoning Districts _'� '• � � " North 'S? Mini-Warehouse/ B-2 Community Business a: South Shopping Center/ B-2 Community Business East .. Mini-Warehouse/ B-2 Community Business ;, . West Ferry Plantation Road Single-family dwellings/ R-7.5 Residential 1036 FP Road LLC Agenda Item 18 page 1 of 11 Background SummaryofProposal • The applicant is requesting Conditional Use Permits for a Mini-Warehouse to redevelop the 1.696-acre parcel, zoned B-2 Community Business District, with a self-storage facility that includes a contractor's office with associated indoor storage of materials and supplies. • The property is currently developed with a vacant 25,000 square foot building, which will be retained and reused, and a 100-foot monopole communication tower. • The interior of the existing building will be converted into for-rent storage units and associated office space. 23,500 square feet will house for-rent storage units, and the remaining 1,500 square feet will be used as office space for the Mini-Warehouse use and for a tenant operating a restoration business. A companion application was submitted for a Conditional Use Permit for the Bulk Storage Yard use (2026- PCCC-00092). • Three to four employees are anticipated to serve both the Mini-Warehouse and Bulk-Storage Yard uses. • Per Section 203(a) of the Zoning Ordinance, the Mini-Warehouse use require 1 space per employee on maximum working shift and the office requires 1 space per 330 square feet of floor area. The mini- warehouse use requires 4 parking spaces, and the office use requires 5 parking spaces for a total of 9 parking spaces.The required parking can be accommodated on site. 1036 FP Road LLC Agenda Item 18 page 2 of 11 Zoning # Request 1 REZ (B-2 Community Business to A-36 Z Apartment) Approved 12/03/2013 CUP (Recreational Facility)Approved .e 2 11/24/2009 pA g2 CUP (Fuel Sales)Approved 11/28/2006 x -o MDC Approved 07/11/2006 ty= B2 MDC Approved 06/27/2005 / y 3 CUP (Indoor Recreation Facility) Approved R7 5 0 05/25/1999 AO CUP (Communication Tower) Approved of 09/26/1995 A36 ow 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 1036 FP Road LLC Agenda Item 18 page 3 of 11 Evaluation • • • The request for a Conditional Use Permit for a Mini-Warehouse to renovate the existing building to accommodate for-rent storage units with a contractor's office is consistent with the Comprehensive Plan policies for the Local Center Edge Place Type and is therefore acceptable.The Local Center Edge Place Type designates the area for compact, walkable, mixed-use, and locally oriented activity.The proposed Mini- Warehouse is surrounded by a mix of uses, including a self-storage facility to the north and east, a day-care and accounting firm to the south, and a residential neighborhood to the west on the opposite side of Ferry Plantation Road.The proposed use would provide a service to the surrounding businesses and residences. As such, staff recommends support of the proposal, as the use conforms with the Comprehensive Plan's recommendation for this location and therefore recommends approval of the request, subject to the conditions listed below. Recommended Conditions for Mini-Warehouse 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Proposed Site Plan Haygood CUP" dated April 27, 2026, revised June 3, 2026, revised June 29, 2026, prepared by SISKA AURAND Landscape Architects, Inc. a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 1036 FP Road LLCT Agenda Item 18 page 4 of 11 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information The site falls within a Local Center Edge Place Type, which calls "for compact, mixed-use, walkable, rollable, and transit-oriented development" (p. 36, imagineVB 2040 Comprehensive Plan). In Centers "uses that are primarily or exclusively automotive are discouraged" and the dedicated land to automotive parking should be minimized (p. 153, imagineVB 2040 Comprehensive Plan). Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—There is no trip generation data available for a roller skating rink. Ferry Plantation Road 4,700 ADT1 8,700 ADT'(LOS 4 "D") Existing Zoning: 923 ADT based on 1.7 acres of B-2 zoning Proposed Land Use 3-32 ADT based on 25,000 sf of mini-storage 1 Average Daily Trips 3As defined by a mini- 4LOS = Level of 2As defined by a roller storage and bulk Service skating rink storage Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Ferry Plantation Road is a two-lane, undivided collector roadway. There are currently no CIP projects scheduled for this section of Ferry Plantation Road. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. 1036 FP Road LLC Agenda Item 18 page 5 of 11 -Public Water The site currently connects to city water, and there is an existing 12-inch city water main along Ferry Plantation Road Sewer The site currently connects to city sewer, and there is an existing 8-inch city sanitary sewer gravity main along Ferry Plantation Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on July 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 4, 2026 and August 11, 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 August 3, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on August 14, 2026. 1036 FP Road LLC Agenda Item 18 page 6 of 11 A / c+�aea3sca•ca • / scxT,nAeee sie oa 44-7 ATM M.A'-k or • / 'bgAlTm �a• rR�r� rw.w �lsituo? • r•i�w,*n.r i .. -u.. � —•� arc+. f� AvY V1• - nn loft gL 11 MY re n•�o�.U•u: T. �� TRErpLi � A -. . •uIMM.VLA. rr '•.mac•I ' {V i ra•mswn•wn • Mal 9A®'J•.•'oL. . � A-I'.r AflK O• LL r• •- i L .' --� = Yw»Y•A,SS »�M:A»aaot �� j 01� / e• odioe ..° w.. any i D O W .vortrn. m M - T C1.2A r _ 70 V r* v rD O 1 00 C7 Site • • 1036 FP Road LLC Agenda Item 18 page 8 of 11 Disclosure VIRGINIA isclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low.Completion and submission of this form is required for al!applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. DISCLOSURESECTION 1: APPLICANT APPLICANT INFORMATION Applicant Name: as listed on application 1036 FP Road LLC Is Applicant also the Owner of the subject property? YesQ Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)No® If yes,name Representative., Lisa M. Murphy, Esq. 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 hove a paarent-subsidiary 1 or affiliated business_entity-'relationship with the applicant.(Attach list if necessary.) "aeil A.Katz aN Bptnie J.Kai as tee aM.c py Ne entlreties DafTe Joyce Ti"atc Equity Hoktngs.LLC(Aan Rath and Ki my Ferguson II) Does the subject property have a proposed or pending purchaser? Yes 0 No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL.OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No -0 ff yes,name the official or employee,and describe the nature of their interest. I APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject appitcutiuri ur wry 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-coliateralization,etc.) © O Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 1036 FP Road LLC Agenda Item 18 page 9 of 11 Disclosure SECTION 1:APPLICANTDISCLOSURE FSERVICE YES NO SERVICE PROVIDER (Name entity and/or individual AccountingJTaxReturn Preparati Architect/Designer/Landscape I John Watson i SIW AURAND LANDSCAPE ARCHITECTS Architect/Land Planner C �Construction Contractor (F) a Gray Line Builders,LLC Engineer/Surveyor/Agent gineer/Su_rveyor/Agent E) ® Hayden Frye&Associates,Land Surveyors Legal Services (i) 0 Willcox&Savage,P.C./Rosen Neuberger Lehmann LLP II 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. 103b FP Road LLC 1036 FP Road LLC pp ican ame nn) By. ei . Z4, 0e erson --bate "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power-of another corporation.'See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the 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): 7/29/2026 _Alexis Baile, y, ����i��rr 7./30/2026_— Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 1036 FP Road LLC Agenda Item 18 page 10 of 11 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. �+ 1036 FP Road LLC Agenda Item 18 page 11 of 11 Agrenda • Applicant i Property Owner: 103• FP Road LLC - • • • • • i • V_B CouncilCity • Project Details Request Conditional Use Permit (Bulk Storage Yard) Q SIDE - ter' �. HAYGGOD O O PpO4O ,� .y /' .ESTATE IN Staff Recommendation 1- a ,p Y ` � Cents Denial J*fGa° ri p oo , Staff Planner Alexis Bailey Uas`�G E101 a° Ne mpp. EHONEYoao�ERo Location 1036 Ferry Plantation Road GP/N ° 1oN E1 r i+ y 1478450391 AIBERT CT �P� °t `OS'l P� Site Size fZ �%N m ep4 ° PEE ,O{ {9C Ct 1.696 acres °e o,�ati,PN 4, Spos s pa°P`' A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay - Existing Land Use and Zoning District �. Former skating rink/ B-2 Community Business 5 , Surrounding Land Uses and Zoning Districts r North Mini-Warehouse/ B-2 Community Business South4� Shopping Center/ B-2 Community Business G° East Mini-Warehouse/ B-2 Community Business West Ferry Plantation Road Single-family dwellings/ R-7.5 Residential 1036 FP Road LLC Agenda Item 19 page 1 of 13 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to redevelop the 1.696-acre parcel, zoned B-2 Community Business District, with a self-storage facility that includes outdoor container storage and a contractor's office with associated indoor and outdoor storage of materials and supplies. • The property is currently developed with a vacant 25,000 square foot building, which will be retained and reused, and a 100-foot monopole communication tower. • The interior of the existing building will be converted into for-rent storage units and associated office space. 23,500 square feet will house for-rent storage units, and the remaining 1,500 square feet will be used as office space for the Mini-Warehouse use and for a tenant operating a restoration business. A companion application was submitted for a Conditional Use Permit for the Mini-Warehouse use (2026- PCCC-00085). • Storage containers and supplies are proposed to be stored outside the building within fenced portions of the existing parking lot. • Three to four employees are anticipated to serve both the Mini-Warehouse and Bulk-Storage Yard uses. • Section 228 of the Zoning Ordinance requires the Bulk Storage Yard area to be enclosed by Category VI screening. Category VI consists of a minimum six-foot-tall solid fence with Category I plantings. The applicant is requesting a deviation to the required landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance. The submitted site plan, depicted on page 7 of this report, includes a six-foot-tall fence; however, the applicant is requesting a deviation to the installation of plantings along the north, south, and east property lines. The applicant has indicated that they would be unable to install the required landscaping due to the limited space and utility easements along the northern and southern property lines and the location of the communication tower at the rear of the property. Additionally, the applicant intends to install [begin strikethrough] aR 8 feet epaque feReing [end strikethrough] Category VI landscaping along Ferry Plantation Road in order to screen the outdoor storage areas from view along Ferry Plantation Road and adjacent residential properties. • Per Section 203(a) of the Zoning Ordinance, the office requires 1 space per 330 square feet of floor area. The office use requires 5 parking spaces for a total of 9 parking spaces, which can be accommodated on site. The Ordinance does not establish a minimum parking requirement for the Bulk Storage Yard use. �1036 FP Road LLC Agenda Item 19 page 2 of 13 Zoning History # Request 1 REZ (B-2 Community Business to A-36 2 Apartment) Approved 12/03/2013 CUP (Recreational Facility) Approved .n 2 11/24/2009 p 132 CUP (Fuel Sales) Approved 11/28/2006 P MDC Approved 07/11/2006 �'� �Z 2 MDC Approved 06/27/2005 3 CUP (Indoor Recreation Facility) Approved R7 5 0 05/25/1999 CUP (Communication Tower) Approved 09/26/1995 yGQ- p��fi A36 ow 1 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 1036 FP Road LLC Agenda Item 19 page 3 of 13 Evaluation • • • The request for a Conditional Use Permit for a Bulk Storage Yard to redevelop the site for outdoor container storage and a contractor's office with interior and exterior storage of supplies is inconsistent with the Comprehensive Plan policies for the Local Center Edge Place Type and is therefore unacceptable, as proposed. The Local Center Edge Place Type designates the area for compact, walkable, mixed-use, and locally oriented activity. A Bulk Storage Yard could potentially be supported in this area if the development contained the proposed use to the side and rear of the site with adequate screening. As proposed, portions of the Bulk Storage Yard are located in front of the principal building along Ferry Plantation Road, placing outdoor storage activities in a highly visible location along a public corridor and directly adjacent to property zoned R-7.5 Residential District. Additionally, while staff is supportive of the landscaping proposed along Ferry Plantation Road, staff would not support the proposed 8-foot-tall privacy fence shown along Ferry Plantation Road, due to its proximity to the right-of-way. The Zoning Ordinance limits the height of fencing within 30 feet of the right-of-way to a maximum of four feet, unless a deviation is granted by the City Council. While such a deviation is included with this request, for the aforementioned reasons, staff cannot support the deviation. Ultimately, staff finds the proposed configuration to be inconsistent with planning principles, which typically locate outdoor storage areas to the side or rear of buildings where they can be more effectively screened from public view and neighboring residential uses. Staff is, however, amenable to the request to deviate from the landscaping requirement surrounding the Bulk Storage Yard as required by Section 228 of the Zoning Ordinance, specific to the proposed Bulk Storage Yard located to the south of the existing building. Given the amount of existing impervious cover on the site, which does not leave adequate space for landscaping, coupled with the fact that this particular Bulk Storage Yard area is located between two existing buildings, staff finds the request appropriate. The new landscaping proposed along Ferry Plantation Road, along with the small landscaping bed proposed in the southeast corner of the site, will be an improvement from the existing conditions. For these reasons, staff cannot support the proposal as presented and would recommend the Bulk Storage Yard use be limited to the area to the south of the existing building and should not extend further than the front plane of said building. Should the Planning Commission find the request to be appropriate for this site, Staff has included recommended conditions below. Recommended Conditions for Bulk Storage Yard 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Proposed Site Plan II Haygood CUP" dated April 27, 2026, revised June 3, 2026, revised June 29, 2026, prepared by SISKA AURAND Landscape Architects, Inc. the Bulk Storage Yard use shall be limited to the area to the south of the existing building and shall not extended beyond the front plane of the existing building on site. A copy of said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 1036 FP Road LLC Agenda Item 19 page 4 of 13 2. The fencing on the site shall be developed in substantial conformance with the rendering entitled "Fencing Details Haygood CUP" dated April 27, 2026, revised June 29, 2026, prepared by SISKA AURAND Landscape Architects, Inc., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 3. Storage containers shall only be moved from 7:00 a.m. to 4:00 p.m., Monday through Friday. 4. The outdoor storage materials shall not be stacked higher than the privacy fence enclosing the bulk storage yard area. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive . • The site falls within a Local Center Edge Place Type which calls "for compact, mixed-use, walkable, rollable, and transit-oriented development" (p. 36, imagineVB 2040 Comprehensive Plan). In Centers "uses that are primarily or exclusively automotive are discouraged" and the dedicated land to automotive parking should be minimized (p. 153, imagineVB 2040 Comprehensive Plan). Natural & Cultural Resources • . The site is located in the Chesapeake Bay watershed. 1036 FP Road LLC Agenda Item 19 page 5 of 13 There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—There is no trip generation data available for a roller skating rink. Ferry Plantation Road 4,700 ADT1 8,700 ADT 1(LOS 4"D») Existing Zoning: 923 ADT based on 1.7 acres of B-2 zoning Proposed Land Use 3-32 ADT based on 25,000 sf of mini-storage 1 Average Daily Trips 3As defined by a mini- 4LOS = Level of 2As defined by a roller storage and bulk Service skating rink storage Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Ferry Plantation Road is a two-lane, undivided collector roadway. There are currently no CIP projects scheduled for this section of Ferry Plantation Road. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. 1036 FP Road LLC Agenda Item 19 page 6 of 13 Public Utility Impacts Water The site currently connects to city water and there is an existing 12-inch city water main along Ferry Plantation Road Sewer The site currently connects to city sewer and there is an existing 8-inch city sanitary sewer gravity main along Ferry Plantation Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on July 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 4, 2026 and August 11, 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 August 3, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on August 14, 2026. 1036FP Road LLC Agenda Item 19 page 7 of 13 ET jo g aged 61 wall epua2V 011 pe0a dJ 9E01 _✓ w.,.a....u.o.., FERRY PLANTATION RD. rvrw�c.,ot«�.wl F q— ryaw.Kp A a o-' ~ 8 8 N q! I I r t`ti9 � �� ➢� ;F� srF� po `� s zL1111 \, _ tll 4 Y ------- . l ■ F�Lgg3s $ ___ —___ __________._____.______ Q 1 � SYa �66� •w� 4 s PROPOSED SITE PLAN- � $ ? F © HAYGOOD CUP ;� Mir N I � lin{�� , V11MMAw:AU1 ulcini .Ix. FF� .ate ueld • • pasodOJd Proposed Elevations �Mu VIAIFMIA H�tlipYlN'IMA E � 1��;51 df10400JAVH ; v l E suv�.aa iwok a3 I s r© A a i i I � — a € 0i a e g x QU I � I Q I Q� 1036 FP Road LLC Agenda Item 19 page 9 of 13 Site • • 1036 FP Road LLC Agenda Item 19 page 10 of 13 Disclosure . , Disclosure The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT INFORMATION Applicant Name: as listed on application 1036 FP Road LLC Is Applicant also the Owner of the subject property? Yes Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No® If yes,name Representative: Lisa M. Murphy, Esq. 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'oraffiliated business entity'relationship with the applicant.(Attach list if necessary.) ,1il A.Katz and Bonnie J.Katz as terantss by the enorete i Danen oyce Tidewater Equity Holdings.LLC(AXan Rauh and Kenny Ferguson II) Does the subject ro ert have a ro osed or pending ? - R P Y R R R gpurchaser. Yes If yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No(�) if yes,name the official or employee, and describe the nature of their interest APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject appltcvtivn ur viry 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.) f— SERVICE YES NO SERVICE PROVIDER - (Name entity and/or individual) Financing(mortgage,deeds of trust, O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 1036 FP Road LLC Agenda Item 19 page 11 of 13 Disclosure SECTIONDISCLOSURE F SERVICE YES NO SERVICE PROVIDER Name entit and/or indiyiduoJ) Accounting/TaxReturn Preparation I Architect/Designer/Landscape Architect/Land Planner 0John Watson,'SISKA AURAND LANDSCAPE ARCHITECTS i Construction Contractor 0 a ! Gray Line Builders,LLC Engineer/Surveyor/Agent E) 0 Hayden Frye&Associates,Land Surveyors Legal Services 0 Willcox&Savage,P.C./Rosen Neuberger Lehmann LLPI APPLICANT CERTIFICATION READ:i certify that oil information contained in this Form is complete,true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. 103b FP Road LLC 1036 FP Road LLC pp By: y /.?b14aa oan ame r nn e�.. Z, ore er3P--son 1"Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. Z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§2.2-3101, FOR CITY USE ONLY: No changes as of(date): 7/29/2026 Alexis Bailey 7/30/2026_ Staff Name(Print) Staff Signature - Date Disclosure Statement I rev. May-2024 page 2 of 3 1036 FP Road LLC Agenda Item 19 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1036 FP Road LLC Agenda Item 19 page 13 of 13 2 `"k B2 92 7A R7, 02 tki C>r:iab ?M site 1036 FP Road LLC Zoning 1036 Ferry Plantation Road ~4 l— Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #18 & 19 1036 FP Road LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next items are Items 18 and 19, 1036 F.P. Road, LLC. Ms. Murphy: Good afternoon, Chair Coston, Vice Chair Byler, members of the planning commission, and staff. For the record, my name is Lisa Murphy, local zoning attorney, and I'm here today on behalf of the applicant. With regard to Items 18 and 19, and that is 1036 F.P.Road, LLC. They recently acquired the subject property,which is 1036 Ferry Plantation Road. I've got the principal,Neil Katz, with me today. In case you all have any questions that I cannot answer. So, the two applications, 18 is for the mini warehouse use, and 19 is for the bulk storage use. I just wanted to discuss those briefly. What's up on the screen is the subject property. It's just under 1.7 acres. It's the site of the old Haygood skating rink, was operated as a skating rink since, I believe, the 70s, maybe 80s. And only recently closed back in January, So it's a very unique building in the sense that it's very large and open on the inside,has high ceilings. My client is and his partners in this deal operate two different businesses that would both be brought to this site. The one business is Aresco of Tidewater. They're a property damage restoration business, so they go into homes after their fires, floods, that type of thing. So they would be utilizing about 1,500 square feet of space inside for essentially a contractor's business. The other space,which is 23,500 square feet of the interior,would be used for the mini warehouse use, so for rent. Storage units, and these would be part of the other business that's a partner in this, which is units moving and storage, also a franchise. Both, both of the businesses have been around for a while. They are able to reutilize this existing building,which is good. They will repaint it. They'll redo the parking lot, make it look nicer than what's there today. Essentially, if we could go to, I think,the next slide. Yeah,that's the one. So the mini warehouse use, as you saw in your staff report for 18,that's not a concern. Staff recommended approval. The other use,which is the bulk storage yard, is also required for both of these businesses. They both need outside storage area for containers, but also for equipment and supplies for the restoration business. So when we had originally approached staff and the initial application, which I think somebody mentioned the versions, the initial application showed the entire front parking area. Being enclosed with an 8-foot fence, and that would have been used for bulk storage,as well as that side yard behind the face of the building, back towards where the cell tower is on the site. So,we were showing two areas. Obviously, the vast majority of the space is that parking in the front of the building,which is why we were trying to utilize both spaces as part of that application. We were proposing an 8-foot fence along Ferry Plantation Road, Category 6 landscaping along Ferry Plantation, which is not there now. In fact, for those of you who went out to the site, visit, in order to get the Category 6 landscaping, And they actually have to pull up some of the parking lot. So those parking spaces, if you go back to the aerial that you see right along the sidewalk, those are coming out, and there's landscaping that's going in there. And that will be the case regardless of whether you all recommend approval of the front bulk storage or the side bulk storage, or both. So the landscaping goes in regardless. Looking at that aerial, you'll note that there is mini warehouse to the north of the site, and there's no setback between the property. So the existing buildings are pretty tight to the to the property line, so there's not really a way to get landscaping along there,any additional landscaping. If you look to the south of the property, which is the other area where the bulk storage yard is being proposed, you see there's a business that's there's a daycare center office. It's a little strip center, but it's got some office and some retail. That business,that building,actually. Is again right up to the property line. So in that section was where staff said, "Yeah,we could support bulk storage there between the two buildings." What we had asked for originally, as I mentioned, was the front and the side. We I went and made a presentation to the Aragona Village Civic League at their June 8 meeting, And what we showed them was the entire front yard fenced in with the additional landscaping, but. Just to make sure everybody is aware, I think, Mr. Camp had a question about the changes. They saw the worst possible case scenario. They had a few questions, but they were generally pretty happy, and I'm not aware of any concerns that were expressed after that meeting. So,after, you know, talking with some of you, talking to the applicant, Because staff was recommending approval of the bulk storage yard on the south of the building. But not anything in the front of the building. You know, we had some conversations with them after the Civic League meeting and said, "Hey, is there any level of storage you can support in the front of the building?" To me, it made sense what was in your application packages because essentially it utilized the. The building, the self-storage building to the north would have been one side. You would have had the existing building on,the property would have been,you know,a portion of that up to where the windows are in the building. Because I thought that was the concern, would be included, and then that would come down to meet up with the face of the building next door. That was what I thought would be a reasonable amount of front storage. Again, given that they potentially will be expanding,will have future needs, and that just gives them the flexibility. So that's really,you know,where we ended up with staff. We had,we actually had two plans,but the one that was included in your packet originally was the one showing some front storage and the entire that side area being utilized. There's a cell tower on this property. There are various interesting and different features that make it not necessarily ripe for redevelopment. So they do want to reuse it the way it is. They will make it look better. As I mentioned,they're adding,tearing out that first area of parking right along the sidewalk and adding landscaping, the Category 6 landscaping there. So last night,where I ended up with Alexis was,you know, if, if staff can support. The storage on the side. We'll just move forward at this time with just the bulk storage on the side. Obviously, they'd like to have some storage in the front,but that's where we thought we might end up. Because if you look at the staff report, they suggest that they could support the side storage. So we were hoping to avoid not being on the consent agenda. But I know there, I know there are questions, and that's. Gives you an idea of how we ended up where we are. So they do need the bulk storage yard as part of the mini warehouse operation for both of the businesses. We would like the front and the side, but for purposes of moving forward today, if staff can support the side bulk storage, we're happy to move forward that way. I'm happy to answer any questions. I was trying to be brief. Mr. Coston: Are there any speakers? Clerk: No speakers. Mr. Coston: There are no speakers. Mr. Plumlee: Ms. Murphy, so you're agreeable? For condition that there be no bulk storage in the front side, is that fair? Ms. Murphy: Simplify it at this point,yeah. Mr. Plumlee: Okay. You, you may have to come back. You may have to do whatever. But at this point,the client is agreeable to proceed in that fashion. Ms. Murphy: They are, yeah. Mr. Plumlee: Okay. I just want to be clear. Ms.Murphy: And there will be landscaping added if you look at your concept plan in the places where they can possibly add landscaping. Around that,they will. Mr. Plumlee: So along the neighborhood out front,there will be landscaping. Ms. Murphy: Yes,that stays, regardless of which plan. Yeah,that's going to stay. Mr. Coston: Commissioner Camp. Mr. Camp: Thank you. The reason I asked for the hearing, and I appreciate you taking the time to answer these questions, is to clearly understand what we're voting on. I didn't have a problem with agenda Item 18. I would have supported that. I'll still support that. On 19, I need to understand what it is that we're actually being asked to vote on,because I have a packet in front of me. Has it changed? Are you asking for something different than what is in front of me today? Ms. Murphy: I believe staff got you the updated, what was in the packet originally showed modest storage in that front, that northern corner of the front parking lot in addition to storage along the side. Mr. Camp: So you're deleting that in front. Ms.Murphy: We're deleting the front. Mr. Camp: Right? Ms.Murphy: Yes. Mr. Camp: Okay. So my question then, I guess, transfers to staff in order to approve this in a way that comports with what the applicant is now saying, would we be modifying a condition in the document that's currently in front of us in order to accomplish what she just presented? Ms.Alcock: So,yes,partly. So condition one,as we recommended it,was that there be no storage in front of the front plane of the building. So I think you could,just, for clarity's sake, if you want to move forward, note the updated exhibit, which only shows the bulk storage to the side of the building and not any further forward than the front plane of the building. Just to clarify that the exhibit that is being moved forward would not include that blue area. Mr. Camp: So to reduce that in as few words as I can, a motion might be made to approve both 18 and 19 with a substitute exhibit pertaining to 19, as described in our hearing, something like that. Ms. Alcock: I think that's fine. Mr. Camp: Okay, then I appreciate you taking the time to walk through that, and I can support that particular motion if somebody wanted to make it. Mr. Coston: Well, I was thought you were gonna make it. Mr. Camp: So moved. Ms. Hippen: My understanding is that condition,one already says that. Ms. Murphy: It does because the way the staff report was written, it said, we're recommending denial of the bulk storage as it is. However, if you want to approve the bulk storage, then we're recommending that there not be any storage in the front. Ms.Hippen: So it all condition number one already says what I think the point. Ms.Alcock: What I think the condition revision that Commissioner Camp was noting just reflects an updated exhibit to match that. So as condition one is currently written. It is referencing what was presented in the staff report, and staff had added a recommendation that it not include that area in the blue. So this would just make sure the exhibit and the language of condition one matched. Mr. Plumlee: So if we just simply approved 18 and 19 with all recommended conditions, does that do the same thing? Ms.Alcock: I still think for clarity,and since we have an updated exhibit that removes that smaller portion of the bulk storage. Mr. Plumlee: With an updated exhibit to demonstrate what is set forth in Condition 1, so there is no confusion as far as the exhibits that are approved. Mr. Mauch: So moved as Commissioner Camp had recommended, with Condition 1. Mr. Coston: Go. So we have a motion by second Commissioner Mauch and a second by Commissioner Cromwell to approve. Clerk: The vote is open. By a recorded vote of 11 to 0, items 18 and 19, 1036 F.P. Road LLC has been recommended for approval as modified. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor ani X Mauch X Conditions 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Proposed Site Plan Haygood CUP" dated April 27, 2026, revised June 3, 2026, revised June 29, 2026, prepared by SISKA AURAND Landscape Architects, Inc. a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. u Z 4�`tyv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTIONS 2100 AND 2102 AND TO ADD SECTION 2107 TO THE CITY ZONING ORDINANCE PERTAINING TO WORKFORCE HOUSING. MEETING DATE: August 18, 2026 ■ Background: The subject amendment proposes to remove the locality restriction from the workforce housing ordinance and requires the property owner to enter into a compliance agreement with the city prior to the issuance of the first certificate of occupancy for any workforce housing unit for rent in a development approved pursuant to the Workforce Housing Ordinance (Article 21). The Workforce Housing Ordinance encourages the development of high-quality housing that is affordable to households with annual incomes within a prescribed range. In order to accomplish this goal, the ordinance establishes incentives in the form of a density bonus for the construction of workforce housing in areas of the city in which the Comprehensive Plan recognizes increased density to be appropriate. This amendment is brought forward in conjunction with an amendment proposed by the Department of Housing & Neighborhood Preservation to the workforce housing provisions found in Chapter 16 of the City Code. ■ Considerations: As currently written, the requirements found in the rental housing component of the City's workforce housing density bonus program conflict with requirements of federal and state programs, such as the Low-Income Housing Tax Credits (LIHTC). More specifically, the locality-specific restriction jeopardizes the tax- exempt status of private-activity bonds issued for workforce housing rental projects and impedes developers' ability to use LIHTC in conjunction with the City's workforce housing density bonus program for rental housing. The elimination of the live-or-work requirement will bring the City's program into conformity with the federal requirements, thereby enabling developers to utilize the City's program in conjunction with crucial state and federal funding streams. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. City of Virginia Beach Page 2 of 2 ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. �---� Submitting Department/Agency: Planning Department City Manager: Agenda A•• of Planning Commission Public1 Workforce • An ordinance to amend Sections 2100 and 2102 and to add Section 2107 to the City Zoning Ordinance pertaining to workforce housing. Summary of Request This text amendment is brought forward in conjunction with the Department of Housing & Neighborhood Preservation. If adopted, this amendment would remove the locality restriction from the workforce housing ordinance and add a requirement for a compliance agreement. The workforce housing ordinance encourages the development of high-quality housing that is affordable to households with annual incomes within a prescribed range by establishing a bonus density incentive for the construction of workforce housing in areas of the city, including Strategic Growth Areas, in which the Comprehensive Plan recognizes increased density to be appropriate. This amendment will be presented to the City Council in conjunction with an update to the Workforce Housing provisions listed in Chapter 16 of the City Code. Updates to Chapter 16 of the City Code do not require a hearing by the Planning Commission. Recommendation Staff recommends approval of this ordinance. City of Virginia Beach Agenda Item 3 page 1 of 4 Ordinance 1 AN ORDINANCE TO AMEND SECTIONS 2 2100 AND 2102 AND TO ADD SECTION 2107 3 TO THE CITY ZONING ORDINANCE 4 PERTAINING TO WORKFORCE HOUSING 5 6 Sections Amended: §§ 2100 & 2102 7 8 Section Added: § 2107 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 2100 and 2102 of the City Zoning Ordinance are hereby amended 17 and reordained to read as follows: 18 19 Sec. 2100. Purpose and intent. 20 21 The purpose and intent of this article is to encourage the development of high- 22 quality housing that is affordable by to households with annual incomes falling within a 23 prescribed range for prospective purchasers and prospective renters of workforce 24 housing, respectively, set forth in the Workforce Housing provisions of chapter 16 of the 25 City Code and who love GF waFk in ViFginia Be . Because such households generally, 26 although not uniformly, consist of one (1) or two (2) working members, such housing is 27 termed "workforce housing." In order to accomplish that goal, this article establishes 28 incentives for the construction of workforce housing in areas of the city, including 29 Strategic Growth Areas, in which the Comprehensive Plan recognizes increased density 30 to be appropriate. Equally importantly, this article also ensures that workforce housing 31 will be well-designed, of high quality, and well-integrated into the overall development of 32 which it is a component. 33 34 . . . . 35 36 Sec. 2102. Definitions. 37 38 As used in this article, the following terms shall be defined as follows: 39 40 (a) Affordable. Housing is considered affordable if no more than approximately 41 thirty (30) percent of the gross household income of the purchaser or renter is 42 spent on direct housing costs, as set forth in article VIII of chapter 16 of the 43 City Code. For buyers, such costs include mortgage principal, interest, taxes, 44 homeowner's insurance, mandatory homeowners' association dues and 45 condominium fees, but do not include utilities or other related housing costs. City of Virginia Beach Agenda Item 3 page 2 of 4 Ordinance 46 For renters, such costs include rent payments and an allowance for tenant-paid 47 utilities other than cable television, internet, and telephone service, but do not 48 include other related housing costs. 49 50 (b) Affordability level statement. A statement of the number of workforce housing 51 units that are affordable to eligible buyers of or to eligible renters at designated 52 percentages of Area Median Income. 53 54 (c) Area median income (AMI). The Area Median Income for the Virginia Beach- 55 Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published 56 annually by the U.S. Department of Housing and Urban Development (HUD) 57 and adjusted for household size. 58 59 (d) Bonus density. An increase in the maximum allowable dwelling unit density on 60 a property attributable to the provision of workforce housing on that property. 61 62 (e) Eligible buyer. A person whose workforce housing application has been 63 approved and who meets the home ownership requirements of the workforce 64 housing program. These requirements center on gross annual income; and 65 financial assets and liabilities, and location where the prospective buyer works 66 and lives. 67 68 (f) Eligible renter. A person whose workforce housing application has been 69 approved and who meets the rental requirements of the workforce housing 70 program. These requirements center on gross annual income, and financial 71 assets, and IGGatinn where the nrospeGtive renter 4 Rd lives u .�c.-runvrrRm-rc�,., ..... �.......�...>.,� .., v urea--rry�:r. 72 73 (g) Strategic growth area (SGA). Areas of the city that are designated in the 74 Comprehensive Plan to absorb most of city's future growth, both residential 75 and non-residential. These areas, which are planned for more intensive uses 76 than most other areas of the city, are characterized by the integration, not 77 separation, of diverse but compatible uses including, where appropriate, 78 residential uses. 79 80 (h) Workforce housing (WFH). Housing that is generally affordable to households 81 with working members whe live Gr weFk OR the City of ViFginia BeaGh. For home 82 ownership, it is housing that is priced to be affordable to households with 83 annual incomes within a range prescribed in section 16-46 of the City Code. 84 For rentals, it is housing that is priced to be affordable to households with 85 annual incomes within a range prescribed in section 16-51 of the City Code. 86 87 (i) Workforce housing discount. The difference in sales price between a market 88 rate unit and an equivalent workforce housing unit. This amount is calculated to 89 be the reduction in sales price necessary to make a workforce housing unit 90 affordable to a household at a targeted income level. City of Virginia Beach Agenda Item 3 page 3 of 4 Ordinance 91 92 Q) Workforce housing unit (WFH unit). A dwelling unit that is reserved for sale or 93 rent by an eligible buyer or eligible renter, as the case may be, at a price 94 incorporating the workforce housing discount. Workforce housing units are 95 constructed as a result of the bonus density provisions that allow the 96 construction of a greater number of dwelling units on a specific parcel of land 97 than is otherwise allowed in exchange for the provision of workforce housing 98 on the parcel. 99 100 BE IT FURTHER ORDAINED: 101 102 That Section 2107 is hereby added to the City Zoning Ordinance to read as 103 follows: 104 105 Sec. 2107. Compliance agreement required. 106 107 Prior to the issuance of the first certificate of occupancy for any workforce 108 housing unit for rent in a development approved pursuant to this article the property 109 owner shall enter into a compliance agreement with the city and cause such agreement 110 to be recorded in the land records of the Clerk of the Circuit Court of the City of Virginia 111 Beach, in accordance with the requirements of section 16-52 of the City Code. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office APPROVED AS TO CONTENT: Housing and Neighborhood Preservation CA 17261 R-3 July 22, 2026 City of Virginia Beach Agenda Item 3 page 4 of 4 1 AN ORDINANCE TO AMEND SECTIONS 2 2100 AND 2102 AND TO ADD SECTION 2107 3 TO THE CITY ZONING ORDINANCE 4 PERTAINING TO WORKFORCE HOUSING 5 6 Sections Amended: §§ 2100 & 2102 7 8 Section Added: § 2107 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 2100 and 2102 of the City Zoning Ordinance are hereby amended 17 and reordained to read as follows: 18 19 Sec. 2100. Purpose and intent. 20 21 The purpose and intent of this article is to encourage the development of high- 22 quality housing that is affordable by to households with annual incomes falling within a 23 prescribed range for prospective purchasers and prospective renters of workforce 24 housing, respectively, set forth in the Workforce Housing provisions of chapter 16 of the 25 City Code and whe live eF work in Virginia BeaGh. Because such households generally, 26 although not uniformly, consist of one (1) or two (2) working members, such housing is 27 termed "workforce housing." In order to accomplish that goal, this article establishes 28 incentives for the construction of workforce housing in areas of the city, including 29 Strategic Growth Areas, in which the Comprehensive Plan recognizes increased density 30 to be appropriate. Equally importantly, this article also ensures that workforce housing 31 will be well-designed, of high quality, and well-integrated into the overall development of 32 which it is a component. 33 34 . . . . 35 36 Sec. 2102. Definitions. 37 38 As used in this article, the following terms shall be defined as follows: 39 40 (a) Affordable. Housing is considered affordable if no more than approximately 41 thirty (30) percent of the gross household income of the purchaser or renter is 42 spent on direct housing costs, as set forth in article Vill of chapter 16 of the 43 City Code. For buyers, such costs include mortgage principal, interest, taxes, 44 homeowner's insurance, mandatory homeowners' association dues and 45 condominium fees, but do not include utilities or other related housing costs. 46 For renters, such costs include rent payments and an allowance for tenant-paid 47 utilities other than cable television, internet, and telephone service, but do not 48 include other related housing costs. 49 50 (b) Affordability level statement. A statement of the number of workforce housing 51 units that are affordable to eligible buyers at or to eligible renters at designated 52 percentages of Area Median Income. 53 54 (c) Area median income (AMI). The Area Median Income for the Virginia Beach- 55 Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published 56 annually by the U.S. Department of Housing and Urban Development (HUD) 57 and adjusted for household size. 58 59 (d) Bonus density. An increase in the maximum allowable dwelling unit density on 60 a property attributable to the provision of workforce housing on that property. 61 62 (e) Eligible buyer. A person whose workforce housing application has been 63 approved and who meets the home ownership requirements of the workforce 64 housing program. These requirements center on gross annual income; and 65 financial assets and liabilities, and location where the prospective buyer works 66 and lives. 67 68 (f) Eligible renter. A person whose workforce housing application has been 69 approved and who meets the rental requirements of the workforce housing 70 program. These requirements center on gross annual income, and financial 71 assets- and Irma+inn where the nrespeGtiye FeRter worn and lido 72 73 (g) Strategic growth area (SGA). Areas of the city that are designated in the 74 Comprehensive Plan to absorb most of city's future growth, both residential 75 and non-residential. These areas, which are planned for more intensive uses 76 than most other areas of the city, are characterized by the integration, not 77 separation, of diverse but compatible uses including, where appropriate, 78 residential uses. 79 80 (h) Workforce housing (WFH). Housing that is generally affordable to households 81 with working members whe love or work in the Gity Of VmFg Ria BeaGh. For home 82 ownership, it is housing that is priced to be affordable to households with 83 annual incomes within a range prescribed in section 16-46 of the City Code. 84 For rentals, it is housing that is priced to be affordable to households with 85 annual incomes within a range prescribed in section 16-51 of the City Code. 86 87 (i) Workforce housing discount. The difference in sales price between a market 88 rate unit and an equivalent workforce housing unit. This amount is calculated to 89 be the reduction in sales price necessary to make a workforce housing unit 90 affordable to a household at a targeted income level. 91 92 Q) Workforce housing unit (WFH unit). A dwelling unit that is reserved for sale or 93 rent by an eligible buyer or eligible renter, as the case may be, at a price 94 incorporating the workforce housing discount. Workforce housing units are 95 constructed as a result of the bonus density provisions that allow the 96 construction of a greater number of dwelling units on a specific parcel of land 97 than is otherwise allowed in exchange for the provision of workforce housing 98 on the parcel. 99 100 BE IT FURTHER ORDAINED: 101 102 That Section 2107 is hereby added to the City Zoning Ordinance to read as 103 follows: 104 105 Sec. 2107. Compliance agreement required. 106 107 Prior to the issuance of the first certificate of occupancy for any workforce 108 housing unit for rent in a development approved pursuant to this article, the property 109 owner shall enter into a compliance agreement with the city and cause such agreement 110 to be recorded in the land records of the Clerk of the Circuit Court of the City of Virginia 111 Beach, in accordance with the requirements of section 16-52 of the City Code. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: v (Planning Department City Attorney's Office APPROVED AS TO CONTENT: 4tktt-.' >L a.'t� Housing and Neighborhood Preservation CA17261 R-3 July 22, 2026 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #3 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you, Commissioner Camp. The next item on our agenda is Item 3, City of Virginia Beach. Ms. Sabo, would you please read that into the record for us? Ms. Sabo: Item 3 is an ordinance to amend Sections 2100 and 2102, and to add Section 2107, to the City Zoning Ordinance pertaining to workforce housing. This amendment proposes to remove the locality restriction from the Workforce Housing ordinance, and requires the property owner to enter into a compliance agreement with the city prior to the issuance of the first certificate of occupancy for any workforce housing unit for rent in a development approved pursuant to the Workforce Housing ordinance. As the ordinance is currently written,the requirements in the rental housing component of the city's Workforce Housing Density Bonus program conflict with the requirements of the federal and state programs, such as the Low Income Housing Tax Credit, or LIHTC. These conflicts prevent developers from using such programs in conjunction with the city's Workforce Housing Density Bonus program. The amendment is in conjunction with an amendment that's going to City Council and is for Chapter 16 of the City code. Staff does recommend approval. Ms. Byler: Thank you. You may be seated. Is there any opposition to this matter being included on the consent agenda? Hearing none. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you,Chair Coston. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Byler: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. The next order of business is the regular agenda. The regular agenda will proceed as follows: the applicant will be given up to 10 minutes to present their item. We will then hear from speakers in support and opposition. The applicant may then return to the podium for up to 3 minutes for rebuttal, and then answer any questions from the commissioners. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani Ix Mauch Ix K. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • DEVELOPMENT AUTHORITY • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREEN RIBBON COMMITTEE • HISTORIC PRESERVATION COMMISSION • HOUSING ADVISORY BOARD • HUMANS 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 L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT AGENDA ITEM Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the https://vbgov.webex.com/weblink/register/rf8ef42e419537c90212fd870dff05ee3 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 18, 2026. J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:08/11/2026 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 F. C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIL'S BRIEFING A. COUNCIL CHAMBER VOTING Tia Harrington, SOFTWARE UPDATE Solutions Manager Information Technology II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Kaitlen Alcock, Planning Administrator III.- CERTIFICATION OF CLOSED SESSION CERTIFIED 1-o Y Y Y- Y Y Y Y Y Y Y VII. A.-F. G. MINUTES INFORMAL and FORMAL SESSIONS— APPROVED I I-0 Y Y Y Y Y Y Y Y Y Y Y June 7,2026 INFORMAL and FORMAL SESSIONS— APPROVED Y Y Y Y Y Y Y Y Y Y Y June 14,2026 H. MAYOR'S PRESENTATION 1.RECOGNITION OF KING NEPTUNE LII Adam M.Carroll and Court Will Driscoll,Celebration Chair Katie Collett,Celebration Chair PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS 70 SPEAKERS PROPERTY Approximately 341.4+/-acres at 2500 Tournament Drive(known as Virginia Beach National Golf Course)to Dragas Associates, Inc. K 1. Ordinance to DECLARE 341.4+/-acres of ADOPTED, 9 Y Y N Y Y N Y Y Y Y City-owned property at 2500 Tournament ALTERNATE Drive to be in EXCESS ofthe City's needs; VERSION APPROVE the Term Sheet for the redevelopment of the Virginia Beach National Golf Course;and AUTHORIZE the City Manager to enter into a Purchase and Development Agreement with Dragas Associates,Inc.re sale and development of the property K2. Resolution to EXTEND the City/School ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Revenue Sharing Policy to June 30,2028 CONSENT (Requested by Virginia Beach School Board) t 3 Ordinance to APPOINT Bridget Henzel to the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y position of Assistant City Attorney,effective CONSENT July 9,2026 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:08/11/2026 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 VOII( 1 S R Y N N K D E N N KA Resolution to AUTHORIZE the issuance of ADOPTED,BY I I-0 Y Y Y Y Y Y Y Y Y Y Y Revenue Bonds in an amount not to exceed$7- CONSENT Million by the Virginia Beach Development Authority(VBDA)re Victoria Place Apartments K.5. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y to EXECUTE a five(5)year Ground Lease CONSENT Agreement with T Mobile Northeast,LLC for a portion of City-owned property at 616 North Great Neck Road re maintaining and operating wireless telecommunications facilities K-6 Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A encroachments into a portion of a City-owned CONSENT B right-of-way known as Twin Mills Road re S construct and maintain a monument sign T with landscaping and underground A electrical conduit DISTRICT 5 1 N E D K.7. Ordinance to DONATE twenty-five(25) ADOPTED,BY 1 Y Y Y Y Y Y Y Y Y Y ballistic vests to the Department of Emergency CONSENT Medical Services(EMS)of Northampton County re enhance personnel safety K.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY o 1' Y Y Y Y Y Y Y Y Y Y $187,626 from the Virginia Department of CONSENT Behavioral Health and Developmental Services (DBHDS)to the FY2026-27 Human Services Operating Budget re Peer Pilot Program for individuals adjudicated as Not Guilty by Reason of Insanity(NGRI)and AUTHORIZE two(2)full-time grant funded positions re targeted peer support services K-9 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY I I-0 Y Y Y Y Y Y Y $45,540.70 from the Virginia Department of CONSENT Health's Office of Emergency Medical Services to the FY2026-27 Department of Emergency Medical Services(EMS)Operating Budget and AUTHORIZE a grant match of $45,540.70 from existing funds in Capital Project#100729,"Public Safety Equipment Replacement II"re purchase one(1)Stair Pro Stair Chair and three(3)Power Stretchers K.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY I I.0 Y Y Y Y Y Y Y Y Y Y $28,236 from the Congestion Mitigation and CONSENT Air Quality Improvement Program(CMAQ)to the FY2026-27 Non-Departmental Operating Budget re reimbursement to the Vehicle Replacement Program 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:08/11/2026 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 1 D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $26,621 from the Virginia Department of CONSENT Behavioral Health and Developmental Services (DBHDS)to the FY2026-27 Human Services Operating Budget re Problem Gambling Prevention Program K.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $8,775 from the Virginia Department of CONSENT Historic Resources(DHR)to the FY2026-27 Planning and Community Development Operating Budget;AUTHORIZE a grant match of$8,775;and AUTHORIZE the City Manager to EXECUTE a Subgrant Agreement re update one(1)National Registrar of Historic Places nomination K.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y l $6,699 from the Commonwealth to the CONSENT FY2026-27 Office of the Voter Registrar Operating Budget re fund salary adjustments approved by the General Assembly 1. BH FARMHOUSE,LLC/THE DEFERRED FOR 30 10-l Y Y Y Y Y Y Y Y Y N Y FARMHOUSE LLC for a Variance to Section DAYS 4.4(b)of the Subdivision Regulations re lot width and a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional B-4 Mixed-Use District re develop site into a 251-unit multi-family development with commercial space at 1805 Kempsville Road DISTRICT 7 RONALD KISER/RON&TARAH KISER APPROVED/ I - Y Y Y Y Y Y Y Y Y Y Y for a Change in Nonconformiri re construct a CONDITIONED,BY detached garage/storage shed at 1330 CONSENT Credle Road DISTRICT 6 L.3. PUNGO SQUARE REAL ESTATE,LLC& APPROVED/AS ALLAN W.BROCK,JR.for a Conditional PROFFERED,BY Change of Zoning from B-1 Neighborhood CONSENT Business District&AG-2 Agricultural District to Conditional B-2 Community Business District re allow additional retail businesses at 1776 Princess Anne Road DISTRICT 2 ATKINSON HOLDINGS,LLC for a APPROVED/AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Change of Zoning from I-1 Light PROFFERED,BY Industrial District to Conditional RT 3 Resort CONSENT Tourist District re permit retail uses at 608, 610,612,614&616 Norfolk Avenue and 633, 637&641 10" Street DISTRICT 5 YMCA OF SOUTH HAMPTON ROADS/ APPROVED/ 1 1-0 Y Y Y Y Y Y MEMORIAL UNITED METHODIST CONDITIONED CHURCH for a Conditional Use Permit re child day-care facility at 804 Gammon Road DISTRICT 1 J CITY OF VIRGINIA BEACH A R SUMMARYOF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:08/11/2026 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 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 VU I I S R Y N N K D E N N L.6. COASTAL TRAINING LLC/CP APPROVED/ 1 1-0 Y Y Y Y Y Y Y Y Y Y Y ROADRUNNERS LLC for a Conditional Use CONDITIONED,BY Permit re indoor recreational facility at 209 CONSENT First Colonial Road,Suites 107,108, 109,110, 111,112&113 DISTRICT 6 L.7. STEVE MERRILL WARNER&SHARI APPROVED/ 1 1-0 Y Y Y Y Y Y Y Y Y Y Y ELAINE WARNER for a Conditional Use CONDITIONED,BY Permit re homebased wildlife rehabilitation CONSENT facility at 4317 Ben Gunn Road DISTRICT 9 L.8. CITY OF VIRGINIA BEACH for Mai—or APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Entertainment Venue Sign at 1016,1093& CONDITIONED,BY 1045 19'Street re Virginia Beach Sports CONSENT Center DISTRICT 6 L.9. ATLANTIC RENTAL HOMES/ APPROVED/ 1 1-0 Y Y Y Y Y Y Y Y TIDEWATER ASSET GROUP LLC for a CONDITIONED,BY Conditional Use Permit re short term rental at CONSENT 913 Pacific Avenue,Unit B DISTRICT 5 L.10. SARAH WATKINSON/JOHN&SARAH 'APPROVED/ I-() Y Y Y Y Y Y Y Y Y Y Y WATKINSON for a Conditional Use Permit re CONDITIONED,BY short term rental at 304 28'Street,Unit 209 CONSENT DISTRICT 6 L.11. Ordinance to AMEND City Zoning Ordinance DEFERRED TO 0 Y ti' Y Y Y Y Y Y Y Y Y (CZO)Section 2303 re short term rental SEPTEMBER 1,2026, parking requirements BY CONSENT 1.12. Ordinance to AMEND City Zoning Ordinance APPROVED,BY I I-0 Y Y Y Y I Y Y Y I Y Y Y Y (CZO)Section 237 re mini-warehouses 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:08/11/2026 PAGE: 5 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 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 CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEFERRED COMPENSATION BOARD DEVELOPMENT AUTHORITY FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STOP INC.BOARD TIDEWATER YOUTH SERVICES BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION SOUTHSIDE NETWORK AUTHORITY Appointed: 1 1-0 1' Y Y Y 1' Y Y Y Y Y Y Amanda Jarratt Unexpired thru 11/30/2027 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 11:44 P.M. OPEN DIALOGUE 2 SPEAKERS 11:51 P.M.