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9-15-2026 FORMAL SESSION AGENDA
n y ,y 2 City of Virginia Beach "COMMUNITY FOR A LIFETIME of ouR nA���e City Council Agenda September 15, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 2:30 P.M. Jeff Waller, P.E., Chair— Flood Prevention Bond Referendum Oversight Board Leisha Pica, P.E., Program Manager-Jacobs Engineering B. NATIONAL FLOOD INSURANCE PROGRAM AND COMMUNITY RATING 3:00 P.M. SYSTEM UPDATE Whitney McNamara, CFM, Environmental Coordinator— Planning Department II. CITY MANAGER'S BRIEFING A. ECONOMIC DEVELOPMENT SMALL BUSINESS RESOURCES 3:30 P.M. Emily Archer, Director— Economic Development Jerry Mathis, Manager—The HIVE /Small Business Resource Center III. CITY COUNCIL DISCUSSION / INITIATIVES/COMMENTS 4:00 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:15 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER- Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS—September 1, 2026 2. FORMAL SESSION —September 8, 2026 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION—VIRGINIA BEACH LITTLE LEAGUE SOFTBALL Trenton Shively, President—Virginia Beach Little League 2. RESOLUTION IN RECOGNITION—FILIPINO AMERICAN HISTORY MONTH 3. RESOLUTION IN RECOGNITION Dieter Steinhoff I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Melvin H. Eaton, II (31.98 +/- acres), the issuance by the City of its contract obligations in the maximum principal amount of$473,304 and TRANSFER funds to purchase U.S. Treasury STRIPS 2. Resolution to DESIGNATE October 13, 2026 as National Metastatic Breast Cancer Awareness Day and AUTHORIZE the City Manager to illuminate Greenwich Overpass with pink, teal and green lighting (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Remick and Schulman) 3. Resolution to REFER to the Planning Commission for its recommendation to the proposed amendment to the City Zoning Ordinance (CZO) to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Remick and Schulman) 4. Ordinance to ADD City Code Section 33-114.4.3 re National Register Historic District signs 5. Ordinance to ACCEPT and APPROPRIATE $7-Million from the Virginia Department of Transportation State of Good Repair/ Primary Extension Program to the FY2026-27 Public Works Operating Budget;TRANSFER funds as Pay-Go funding to Capital Project#100734, "Street Reconstruction III"; and TRANSFER available balance in Capital Project#100401, "Street Reconstruction II" to Capital Project#100734 re road paving projects 6. Ordinance to ACCEPT and APPROPRIATE a $500,000 Firearms Violence Intervention & Prevention (FVIP) Grant from the Virginia Department of Criminal Justice Services (DCJS) to the Police Department Operating Budget ($268,300) re metal detector, non-lethal training rounds and related supplies; Parks and Recreation Operating Budget ($38,000) re enhance Parks After Dark; Juvenile Probation Operating Budget ($193,700) re intervention programming; and AUTHORIZE the City Manager to EXECUTE all agreements, certificates and assurances re support localized gun violence intervention and prevention efforts 7. Ordinance to ACCEPT and APPROPRIATE $348,403.57 from the Virginia Department of Forestry to the FY2026-27 Agricultural Reserve Program (ARP) Special Revenue Fund Operating Budget re reimburse City for a portion of cost to acquire preservation easement 8. Ordinance to ACCEPT and APPROPRIATE $59,498 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget re modernization of information technology infrastructure 9. Ordinance to ACCEPT and APPROPRIATE an $18,000 FY2025 State Water Rescue Program Grant from the U.S. Department of Homeland Security(DHS), Virginia Department of Emergency Management (VDEM)to the FY2026-27 Fire Department Operating Budget re purchase Swift Water Rescue Team replacement personal protective equipment and support water rescue training 10. Ordinance to TRANSFER$25,000 from the General Fund Reserve for Contingencies to the Economic Development Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Black BRAND re Black Diamond Weekend Event K. PLANNING 1. KROLL RESIDENTIAL, INC. / PAULA G. GIBSON for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 2540 Entrada Drive DISTRICT 2 RECOMMENDATION: APPROVAL 2. BH FARMHOUSE, LLC/THE FARMHOUSE LLC for a Variance to Section 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 (Deferred from August 11, 2026) RECOMMENDATION: APPROVAL 3. BIVI REAL ESTATE LLC for a Modification of Conditions to a Conditional Use Permit re indoor recreational facility at 941 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 4. 449 LONDON LLC for a Conditional Change of Zoning from R-10 Residential District to Conditional 1-1 Light Industrial District re develop site with a storage yard for contractors' vehicles, equipment& materials and a Conditional Use Permit re bulk storage yard at 2548 Potters Road DISTRICT 3 RECOMMENDATION: APPROVAL 5. DOGS REAL ESTATE 2, LLC for a Conditional Use Permit re residential kennel at 1652 Flanagans Lane DISTRICT 2 RECOMMENDATION: APPROVAL 6. CLARK NEXSEN, INC./VIRGINIA PILOT ASSOCIATION TRUST for a Conditional Use Permit re commercial marina and a Conditional Use Permit re dormitories for Marine pilots at 3329 Shore Drive DISTRICT 8 RECOMMENDATION: APPROVAL 7. MARK MOISON, DAVID MOISON, LISA MOISON for a Conditional Use Permit re short term rental at 304 28th Street, Unit 105 DISTRICT 6 RECOMMENDATION: APPROVAL 8. RAYMOND LEE SMITH & KRISTEN JUNE GOLLIDAY for a Conditional Use Permit re short term rental at 516 22"d Street, Unit 100 DISTRICT 6 RECOMMENDATION: APPROVAL 9. WAVE INVESTMENT GROUP, LLC for a Conditional Use Permit re short term rental at 414 19th Street, Unit 104 DISTRICT 6 RECOMMENDATION: APPROVAL 10. CHRISTOPHER TAING /THENG TAING & SAWALUK TAING for a Conditional Use Permit re short term rental at 415 20th Street DISTRICT 6 RECOMMENDATION: APPROVAL L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • GREEN RIBBON COMMITTEE • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • PUBLIC LIBRARY BOARD • STORMWATER APPEALS BOARD • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • VIRGINIA BEACH TOWING ADVISORY BOARD • WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx meeting at: https://vbgov.webex.com/weblink/register/re22e2f73bf63217e27b8073761483800 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 1S, 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 bhenlev@VBgov.com 1 757-426-7501 District 3: Michael F. Berlucchi I mberlucc@VBgov.com 1 757-407-5105 District 4: Dr. Amelia N. Ross-Hammond I arosshammond@VBgov.com 1 757-840-0735 District 6: Robert W. "Worth" Remick I wremick@VBgov.com 1 757-840-5855 District 7: Cal "Cash"Jackson-Green I ciacksongreen@VBgov.com 1 757-629-8792 District 8: Stacy Cummings I stcummings@VBgov.com 1 757-629-8691 District 9:Joashua F. "Joash" Schulman I ischulman@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 Sk I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 2:30 P.M. Jeff Waller, P.E., Chair— Flood Prevention Bond Referendum Oversight Board Leisha Pica, P.E., Program Manager- Jacobs Engineering B. NATIONAL FLOOD INSURANCE PROGRAM AND COMMUNITY RATING 3:00 P.M. SYSTEM UPDATE Whitney McNamara, CFM, Environmental Coordinator— Planning Department II. CITY MANAGER'S BRIEFING A. ECONOMIC DEVELOPMENT SMALL BUSINESS RESOURCES 3:30 P.M. Emily Archer, Director— Economic Development Jerry Mathis, Manager—The HIVE/Small Business Resource Center III. CITY COUNCIL DISCUSSION / INITIATIVES/COMMENTS 4:00 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:15 P.M. :. Q ,.. . V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS—September 1, 2026 2. FORMAL SESSION —September 8, 2026 x. a H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION —VIRGINIA BEACH LITTLE LEAGUE SOFTBALL Trenton Shively, President—Virginia Beach Little League 2. RESOLUTION IN RECOGNITION — FILIPINO AMERICAN HISTORY MONTH 3. RESOLUTION IN RECOGNITION Dieter Steinhoff Ss .l` IMA- RESOLUTION WHEREAS:Virginia Beach Little League has built a comprehensive youth softball program providing girls the opportunity to learn,develop,and compete from their first introduction to the game through its oldest divisions;and WHEREAS: Virginia Beach Little League has continued to expand its softball program, most recently adding a dedicated Softball T-Ball division to introduce the game to its youngest female athletes and create a pathway for girls to begin and continue playing softball within the league;and WHEREAS:The growth and development of Virginia Beach Little League Softball have been matched by sustained competitive success across multiple age divisions at the local,District,and Virginia State levels;and WHEREAS:In 2023, the Virginia Beach Little League 8-9-10 Softball All-Star team won the District Championship and advanced to compete in the Virginia State Tournament, where the team advanced out of pool play and finished among the top eight teams in the Commonwealth of Virginia;and WHEREAS:In 2024, the Virginia Beach Little League 8-9-10 Softball All-Star team repeated as District Champions, earning its second consecutive appearance in the Virginia State Tournament,and WHEREAS:In 2025, both the Virginia Beach Little League 8-9-10 and Major Softball All-Star teams won their respective District Championships and advanced to compete in the Virginia State Tournaments;and WHEREAS:During the 2025 District Tournament,Autumn Butler pitched a four-inning no-hitter, striking out eight batters and securing a shutout victory that sent the team to the Virginia State Tournament;and WHEREAS:In 2026,both the Virginia Beach Little League 8-9-10 and Major Softball All-Star teams again won their respective District Championships and advanced to compete in the Virginia State Tournaments;and WHEREAS:During the 2026 District Tournament,Makenzie Nieves and Grace Raehl combined for a no-hitter to secure the 8-9-10 Softball All-Star teamss District Championship victory, and throughout District Tournament play combined for 29 strikeouts over 11 innings while allowing just four runs and three walks;and WHEREAS:The 2026 8-9-10 Softball All-Star team continued its success at the Virginia State Tournament,advancing out of pool play and finishing among the top eight teams in the Commonwealth of Virginia;and WHEREAS: From 2023 through 2026, the Virginia Beach Little League 8-9-10 Softball All-Star program earned four consecutive District Championships and four consecutive appearances in the Virginia State Tournament, twice advancing to finish among the top eight teams in Virginia;and WHEREAS:The program's success extends to its younger athletes,with the Virginia Beach Little League 7-8 Softball All-Star team winning back-to-back District 8 Special Games tournaments in 2025 and 2026;and WHEREAS. Virginia Beach Little League Senior Softball All-Star teams have also represented the league in District Tournament competition, further demonstrating the continued participation and development of athletes throughout the program's older divisions;and WHEREAS:From Softball T-Ball through its oldest divisions, Virginia Beach Little League has established a pathway for girls to grow within the game while building a tradition of competitive excellence, sportsmanship, teamwork; and pride in representing the City of Virginia Beach. NOW THEREFORE,BE IT RESOLVED:The members of City Council, both individually and collectively, hereby commend the Virginia Beach Little League Softball program for its continued growth, commitment to developing young female athletes, and sustained competitive success across multiple levels of play;congratulate the players and coaches whose accomplishments have represented Virginia Beach at the local,District, and Virginia State levels;and recognize the families, volunteers, and entire Virginia Beach Little League community whose dedication has helped build and strengthen the softball program. Adopted by the City Council of the City of Virginia Beach the 15'day of September 2026 and present this Resolution duly signed by each Me be of the V'ginia Beach City Council. c Co '1 Me! er A41chael F.Berlucchi Cou ber Stacy Cum rugs Council Member Barbara M�./ ley Council Member BaVWHutcheson Council Member C "Cash" kson-Green Council Member Robert W. "Worth"Rem a Lam& Council Member Dr.Amelia Ross-Hammond C cil Member Jennifer V.Rouse Council Member Joashua chulman Vice dayor Rosemar n Mayor Robert A "Bob y"Dyer r,`4G�NlADeq �o ?? 0 x <J s rf RESOLUTION WHEREAS:Virginia isproudto rank 2ndin totalFilipino Population on the East Coast behindNew Jersey. Virginia Beach holds the largest Filipino American community in the entire region east of the Mississippi River and contributes greatly to shaping,advancing and enriching our City and Commonwealth;and WHEREAS: The earliest documented proof of Filipino presence in the continental United States was October 18, 1587, when the first "Luzones Indios"set foot in Morro Bay, California on board the Manila-built galleon ship Nuestra Senora de Esperanza and is the basis of the celebration of Filipino American History Month in October; and WHEREAS:The earliest recorded presence of Filipinos in Hampton Roads occurred in 1865 when John Boguor,a Filipino American serving in the United States Navy was hospitalized at the Portsmouth Naval Hospital and is buried at the Captain Ted Conway Memorial Naval Cemetery;and WHEREAS: The Filipino American National Historical Society (FANHS) was founded in 1982 in Seattle, Washington to promote understanding, education, enlightenment, appreciation and enrichment through the identification, gathering,preservation and dissemination of the history and culture of Filipino Americans in the United States;and WHEREAS: In 1992, FANHS began commemorating October as Filipino American History Month and on November 2, 2009, the United States Congress passed a resolution to officially recognize October as Filipino American History Month;and WHEREAS:In this year,2026,where the United States celebrates its 250'h Anniversary,Fil Fest USA will recognize the Filipino men and women who have made valuable contributions to all areas of life in Virginia and the United States, including government, business, arts and sciences, medicine, law enforcement, and the military many who will contribute special mementos or keepsakes in planting a time capsule to be unearthed in 10 years;and WHEREAS. Diversity represents one of our greatest strengths, and by recognizing the contributions and accomplishments offilipino Americans,our City and Commonwealth celebrate the importance of inclusion to build a brighter future for all our citizens;and WHEREAS:The 12'h Annual Fil Fest USA is a three-day celebration scheduled October 2-4,2026,at Rudee Loop in Virginia Beach, which is designated to showcase and celebrate Filipino American culture, history, traditions through food,family,faith,fun and fitness,which is free and open to the public. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council has recognized Fil Fest USA as an annual event to be celebrated in October and pause in its deliberations to recognize Filipino American History Month and encourages citizens to celebrate the heritage and contributions of the Filipino American community who aim to provide positive role models for youth, instill the value of education and the richness of their ethnicity and promote a broader understanding of their legacy in the United States and attend the 12'h Annual Fil Fest USA. BE IT FURTHER RESOLVED: That October 2026 is recognized as: FILIPINO AMERICAN HISTORY MONTH Given by the Council the City of Virginia Beach, Virginia on the 15'h day of September 2026 and present this Resolutio ly si ed y each Member of the Virginia Beach City Council. Council Member Michael F.Berlucchi Counc: ember SraqXeummings Council Member Parbara M. enley ou �eberld hesonCou—'r Member 01"Cash' ackson Green Council Member Robert W "Worth"Remick Of.. .� Council Member Dr.Amelia Ross-Hammond Cofl Member Jennifer V.Rouse Cou it Member Joashua F.Schulman 6111�� lZ Vice Mayor Ro nary Wilson Mayor Robes M. " obby"Dyer i IA-BE c.U _ • a J OF OUR NATION RESOLON WHEREAS: Dieter Steinhoff, a native of Hamburg, Germany, came to the United States in 1984 and founded Acoustical Sheetmetal,Inc., (ASI) in April 1994;and WHEREAS:ASI began with Mr. Steinhoff and three employees working in a small shop behind Witchduck Auto Parts and Recycling;and WHEREAS: The company designed, manufactured and installed noise-reduction and fire proof enclosures for emergency backup power generation equipment,such as diesel and natural gas generators; and WHEREAS: ASI grew to over 100 full-time employees — designers, supervisors, foremen, sheet metal fabricators, welders, electricians and laborers from working in a small shop to buildings and grounds covering over 8,000 square feet;and WHEREAS:Mr. Steinhoff did not take sole credit for the company's success stating the company was made up of dedicated and a loyal family of employees;and WHEREAS:Mr. Steinhoff built more than a successful manufacturing company; he created opportunities for generations of employees to learn skilled trades, develop as leaders, build lasting careers, and provide for their families, establishing a people-centered culture and legacy that continues to influence the company today;and WHEREAS:Mr.Steinhoff, along with his wife Dr. Petra Snowden, decided to retire in 2019, and sold ASI, which has since expanded to over 1,000 employees and continues to operate in the City; and WHEREAS:Since retirement, Mr. Steinhoff built an elaborate G-Scale indoor-model train exhibit with over 100 train engines(steam, electric, and diesel), 100 model vehicles, over 600 figures, 300 model houses and 250 train cars on display with Mr. Steinhoff not considering this a business but a hobby. NOW, THEREFORE, BE IT RESOLVED, That the Virginia Beach City Council hereby pauses in its deliberations to recognize and extends its sincere appreciation and best wishes to Dieter Steinhoff for his extraordinary leadership, innovation, and unwavering commitment to growing a successful company that continues to thrive. Given by the Council of the City of Virginia Beach, Virginia the 151 day of September 2026 and present this Reso tion ly sign each Member of the Virginia Beach City Council. ncil Member Michael F.Berlucchi CouneVIdWbe, Stacy C mings Council jMeem4ber Barbara— MI vjkl/lIM4 ouncil Member David Ilutcheson until ember "Cash" kson-Green Council Member Robert W. "North"Remick Council Member Dr.Amelia Ross-Hammond o cil Alember Jennifer V.Rouse Council Member Joashua F.Schulman Vice Mayor Rosemary Wilson Mayor Robert M. "B by"Dyer I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Melvin H. Eaton, II (31.98 +/- acres), the issuance by the City of its contract obligations in the maximum principal amount of$473,304 and TRANSFER funds to purchase U.S. Treasury STRIPS 2. Resolution to DESIGNATE October 13, 2026 as National Metastatic Breast Cancer Awareness Day and AUTHORIZE the City Manager to illuminate Greenwich Overpass with pink, teal and green lighting (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Remick and Schulman) 3. Resolution to REFER to the Planning Commission for its recommendation to the proposed amendment to the City Zoning Ordinance (CZO) to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Remick and Schulman) 4. Ordinance to ADD City Code Section 33-114.4.3 re National Register Historic District signs 5. Ordinance to ACCEPT and APPROPRIATE $7-Million from the Virginia Department of Transportation State of Good Repair/ Primary Extension Program to the FY2026-27 Public Works Operating Budget; TRANSFER funds as Pay-Go funding to Capital Project#100734, "Street Reconstruction III"; and TRANSFER available balance in Capital Project#100401, "Street Reconstruction II" to Capital Project#100734 re road paving projects 6. Ordinance to ACCEPT and APPROPRIATE a $500,000 Firearms Violence Intervention & Prevention (FVIP) Grant from the Virginia Department of Criminal Justice Services (DCJS) to the Police Department Operating Budget ($268,300) re metal detector, non-lethal training rounds and related supplies; Parks and Recreation Operating Budget ($38,000) re enhance Parks After Dark; Juvenile Probation Operating Budget ($193,700) re intervention programming; and AUTHORIZE the City Manager to EXECUTE all agreements, certificates and assurances re support localized gun violence intervention and prevention efforts 7. Ordinance to ACCEPT and APPROPRIATE $348,403.57 from the Virginia Department of Forestry to the FY2026-27 Agricultural Reserve Program (ARP) Special Revenue Fund Operating Budget re reimburse City for a portion of cost to acquire preservation easement 8. Ordinance to ACCEPT and APPROPRIATE $59,498 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget re modernization of information technology infrastructure 9. Ordinance to ACCEPT and APPROPRIATE an $18,000 FY2025 State Water Rescue Program Grant from the U.S. Department of Homeland Security (DHS), Virginia Department of Emergency Management (VDEM)to the FY2026-27 Fire Department Operating Budget re purchase Swift Water Rescue Team replacement personal protective equipment and support water rescue training 10. Ordinance to TRANSFER$25,000 from the General Fund Reserve for Contingencies to the Economic Development Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Black BRAND re Black Diamond Weekend Event CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Melvin H. Eaton, II (31.98+/- Acres); 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $473,304; and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: September 1, 2026 MEETING DATE: September 15, 2026 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon four (4) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e. value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. ■ Considerations: The subject property, which consists of one (1) parcel having approximately 31.98 acres outside of marshland and swampland, is owned by Melvin H. Eaton, II. The parcel is located at 4469 Charity Neck Road (GPIN: 2410-46-9904) (the "Property") and is shown on the attached Location Map. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, of which one (1) building site is being reserved due to the second residential dwelling on the Property. The proposed purchase price, as stated in the ordinance, is $473,304. This price is the equivalent of approximately $14,800 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.927% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.927% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. Matching funds through the Virginia Department of Forestry may be available for reimbursement of a portion of this purchase. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised twice by publication in a newspaper having general circulation in the City, with the first notice appearing no more than twenty-eight days before the hearing and the second notice appearing no less than seven days before the hearing (August 16, 2026, and August 23, 2026). The Public Hearing will be held on September 1, 2026. Public notice will also be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager:09 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM MELVIN H. EATON, Il (31 .98+/- 4 ACRES); 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF$473,304; AND 3)TRANSFER 7 OF FUNDS TO PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $473,304; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 4.927% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 6.927% unless the approval of the City Council by 39 resolution duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on,the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter of 58 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 59 indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby authorizes the transfer of $473,304 from the 62 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 63 City Manager is empowered to transfer sufficient additional funds or return funds not 64 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 65 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 66 Treasury STRIPS as described in the Installment Purchase Agreement. 67 68 Adoption requires an affirmative vote of a majority of all members of the City Council. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 71 , 2026. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and-Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OFF DS: Director of Finance City Attorney's Office CA17180 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2024-173 SUMMARY OF TERMS SELLER: Melvin 1-1. Eaton, 11 PROPERTY: 4469 Charity Neck Road (GPIN: 2410-46-9904) PURCHASE PRICE: $473,304.00 EASEMENT AREA: 31.98 acres, more or less DEVELOPMENT POTENTIAL: Three(3)single-family building sites (I reserved by Seller for a second residential dwelling on the property) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.927%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.927%without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: 113A ownership may not be transferred (except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. Melvin H . Eaton 4469 Charity Beck Road G P I N: 2410-46-9904 Aerial Map a m x° 2410-46-9904 Y u .0 u NanneyAs Creek tdoed_ a VBVIRGINIA Disclosure BEACH Statement i The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Vlrglnla law. Completion and submission of this form Is required forall applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council, boards, conunisslons, or other oodles, i SECTION 1: APPLICANT DISCLOSURE i APPLICANT INFORMATION Applicant Name: as listed on application McLU1N 0 m�f— ZS Is Applicant also the Owner of the subject property? Yes No0 If no, Property Owner must complete SECTION 2:PROP.RTY OWNER DISCLOSURE(page 3), Does Applicant have a Representative?YesO No if yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the applicant, Attach list If necessary) will ut-T I,% l-e /jj metuini 14,61940*4' RQ vc*h4 z r011( 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 t e subject land or any proposed development contingent on the subject public action? YesO No !f 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 he operated on the property. The name of file entity and/or individual providing such services must be Identified,(Attach list if necessary,) SERVICE YES NO SERVICE PROVIDER Name entity and or Individual Financing(mortgage,deeds of trust, O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 ` APPLICANTSECTION 1: SERVICE YES NO SERVICE PROVIDER Nallie entity and or Individual Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent Legal Services 0 APPLICANT CERTIFICATION READ:I certify that alllnformation contained in this corm is complete, true,and qccurate,I understand that, upon receipt of notification that the application has been scheduled for public fin ,I am responsible for updating the Information provided herein three weeks prior to the rneetin o Plan ling Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in 9 nectlo► with this application, Applicant Name(Print) ItA ppl anti at ire Date "Parent-subsidiary relationship"means "a relationsh% 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 control ing ownership Interest in the other business entity, (H) a controlling owner in one entity is also a controlling owner in the other entity, or(W)there is shared management or control between the business entities.ractors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the j same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel oil 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: i No changes as of(date): )U t i Ti 1 Staff NaMe(PrinE)-J Staff gnature D to I i G SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION ,rt Property Owner Name: n„Q,1�U11� )�} as listed on application 'M l Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes0NKPf If yes,list the names of all officers,directors,members, or trustees below AND businesses that have a parent-subsidla 'or affillotedbustness entit 2 relatlonshl p with the applicant, Attach list If necessar . ( nil ULNvi el, 86 /Iv 11¢txtIV M vc4tc`1L,-ur . Does the subject property have a proposed or pending purchaser? Yeso No . if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Interest in the su Ject land or any proposed development contingent on the subject public action? Yes Q No 1 es name the of ficial or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or Individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O cross-col late ralization,etc.) Real Estate Broker/Agent/Realtor 0 f� Accounting/Tax Return Preparation `� Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent O Legal Services 0 PROPERTY OWNER CERTIFICATION READ:i certify that alllnformation contained In this form Is complete, true,and rate. understand that, upon receipt of notification that the application has been scheduled for public n rirtg,I in responsible for updating the information provided herein three weeks prior to the mee n Planni g Commission, City Council, VBDA,CBPA, Wetlands Board or any public hod ,or commit nett n with this application. /k24ol.-o Ni Property Owner Name(Print) P operty Ow,n-rsignature Date C _ u =» CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating October 13, 2026 in Recognition of National Metastatic Breast Cancer Awareness Day and Authorizing the Illumination of the Greenwich Overpass in Pink, Teal, and Green MEETING DATE: September 15, 2026 ■ Background: October is Breast Cancer Awareness month. This annual month- long campaign is designed to bring awareness to one of the most common cancers in women. More than 250,000 women are diagnosed with breast cancer each year in the United States, and approximately 42,000 women will die from the disease this year. During Breast Cancer Awareness month, National Metastatic Breast Cancer Awareness Day is observed annually on October 13 ("NMBCAD") to highlight the realities of Stage IV advanced breast cancer, demand more research funding, and support patients. The goals of NMBCAD are to promote research for life-extending treatments, share patient stories, and recognize that metastatic breast cancer is treatable but not curable. Displaying the colors pink, green, and teal is a meaningful way to honor metastatic breast cancer survivors, raise awareness of the disease, and show support for the ongoing fight against breast cancer. ■ Considerations: City Council is asking to designate October 13, 2026 in recognition of National Metastatic Breast Cancer Awareness Day. The City Manager is directed to illuminate the Greenwich overpass with pink, green, and teal lighting on October 13, 2026 in recognition of National Metastatic Breast Cancer Awareness Day. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested By Mayor Dyer, Vice Mayor Wilson, and Councilmembers Remick and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS REMICK AND SCHULMAN 1 A RESOLUTION DESIGNATING OCTOBER 13, 2026 IN 2 RECOGNITION OF NATIONAL METASTATIC BREAST 3 CANCER AWARENESS DAY AND AUTHORIZING THE 4 ILLUMINATION OF THE GREENWICH OVERPASS IN 5 PINK, TEAL, AND GREEN 6 7 WHEREAS, October is Breast Cancer Awareness month; and 8 9 WHEREAS, this annual month-long campaign is designed to bring awareness to 10 one of the most common cancers in women; and 11 12 WHEREAS, more than 250,000 women are diagnosed with breast cancer each 13 year in the United States, and approximately 42,000 women will die from the disease this 14 year; and 15 16 WHEREAS, during Breast Cancer Awareness month, National Metastatic Breast 17 Cancer Awareness Day is observed annually on October 13 ("NMBCAD") to highlight the 18 realities of Stage IV advanced breast cancer, demand more research funding, and 19 support patients; and 20 21 WHEREAS, the goals of NMBCAD are to promote research for life-extending 22 treatments, share patient stories, and recognize that metastatic breast cancer is treatable 23 but currently incurable; and 24 25 WHEREAS, displaying the colors pink, green, and teal is a meaningful way to 26 honor metastatic breast cancer survivors, raise awareness of the disease, and show 27 support for the ongoing fight against breast cancer. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby designates October 13, 2026 in recognition of 33 National Metastatic Breast Cancer Awareness Day-, and 34 35 That the City Manager is directed to illuminate the Greenwich overpass with pink, 36 green, and teal lighting on October 13, 2026 in recognition of National Metastatic Breast 37 Cancer Awareness Day. 38 Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Off ce CA17277 R-2 September 9,2026 �wu Vic'•..« y. i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Planning Commission for its Recommendation, a Proposed Amendment to the City Zoning Ordinance Pertaining to Amending the Official Zoning Map to Reduce the Oceanfront Resort Short Term Rental Overlay District MEETING DATE: September 15, 2026 ■ Background: City Council previously referred an amendment pertaining to reducing the boundary of the Short Term Rental Overlay District to the Planning Commission on April 21, 2026 for its recommendation. The Planning Commission transmitted its recommendation on the proposed amendment to the City Council on August 12, 2026. On September 1, 2026, City Council indefinitely deferred the proposed amendment to allow time for further consideration. Mayor Dyer, Vice-Mayor Wilson, and Councilmembers Berlucchi, Remick, and Schulman have requested an amendment further reducing the size of the Oceanfront Resort Short Term Rental Overlay District. This resolution refers the proposed amendment to the Planning Commission for its consideration and recommendation. The resolution directs the Planning Commission to transmit its recommendation to the City Council within 30 days. ■ Considerations: There is concern that the proliferation of short term rentals in portions of the current Oceanfront Resort Short Term Rental Overlay District negatively affects the City's housing stock and negatively impacts existing residential communities in the Oceanfront area. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Send the draft Ordinance to the Planning Commission for public comment and a recommendation. ■ Attachments: Resolution; Ordinance; Map of proposed boundary 1 A RESOLUTION REFERRING THE PROPOSED 2 AMENDMENT TO THE CITY ZONING ORDINANCE 3 PERTAINING TO AMENDING THE OFFICIAL ZONING MAP 4 TO REDUCE THE OCEANFRONT RESORT SHORT TERM 5 RENTAL OVERLAY DISTRICT 6 7 WHEREAS, The City Council referred to the Planning Commission, for its 8 consideration and recommendation, an amendment to the City Zoning Ordinance, pertaining 9 to amending the official zoning map to reduce the Oceanfront Resort Short Term Rental 10 Overlay District; 11 12 WHEREAS, the Planning Commission transmitted to the City Council its 13 recommendation concerning the amendment on August 12, 2026; 14 15 WHEREAS, the City Council voted on September 1, 2026, to indefinitely defer the 16 amendment to the Official Zoning Map to allow for time for additional considerations; 17 18 WHEREAS, the City Council desires the recommendation of the Planning 19 Commission on further reducing the boundary of the Short Term Rental Overlay District; 20 21 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 24 That the Planning Commission be, and hereby is, directed in accordance with Virginia 25 Code Section 15.2-2285 to transmit to the City Council its recommendations concerning the 26 aforesaid amendment no later than thirty (30) days after the date of the adoption of this 27 resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO LEGAL SUFFICIENCY: � )_j14ffl7A-) 2� V City Attorney's Office CA17304 R-1 September 10, 2026 REQUESTED BY MAYOR DYER, VICE-MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, REMICK, AND SCHULMAN 1 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP 2 BY THE DESIGNATION AND REDUCTION OF PROPERTY 3 LOCATED IN THE OCEANFRONT RESORT SHORT TERM 4 RENTAL OVERLAY DISTRICT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the official zoning map of the City of Virginia Beach be, and hereby is, 13 amended to modify the boundary of the Oceanfront Resort Short Term Rental Overlay 14 District as follows: 15 16 1) The Oceanfront Resort Short Term Rental Overlay District shall consist only of 17 those properties zoned Oceanfront Resort District and shown on the attached 18 map labeled "Short Term Rentals: Alternative B." 19 20 2) Any short-term rental within this overlay district that is grandfathered pursuant 21 to section 241.2(12) shall still be considered grandfathered and must still meet 22 the conditions of section 241.2. Any expansion of the footprint of the dwelling 23 housing the short term rental that expands the overall square footage by more 24 than twenty-five (25) percent or one thousand (1,000) square feet, whichever 25 is less, shall have its grandfathered status revoked. Grandfathered status shall 26 run with the land. However, any grandfathered short term rental that 27 continuously remains vacant, or not used as a short term rental, for a period of 28 two (2) years or more, starting from the date of adoption of this ordinance, shall 29 lose its "grandfathered" designation. 30 31 3) Any short term rental within this overlay district that received a conditional use 32 permit before the adoption of this ordinance shall be considered grandfathered 33 and shall be permitted to continue subject to the conditions of section 241.2(1) 34 through (15) and (17) as modified by the terms of the conditional use permit 35 and shall not require additional administrative approval. 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA-17305 R-1 September 10, 2026 2 Short Term Rentals: CITY(IF Alternative B BEACHIA .�..,.,� BEACH 7 � o �Y n 2 0� yq r �r ok 1 _ 7 „ z LM © CAD ° o JU 1 ln� w '"� •..,� r' SI L_l tU= f 7 y 7 f M _ •CUPs(330) O CUPS not in Alt B(67) t4 W \ Y° -Alternative B Boundary -Current STR Overlay District ViBe Creative District r Sources: Compliant STR data is from Accela and Noncompliant STR data is from Granicus Host Compliance(Note:each point that was flagged by Host Compliance meets the definition of a short-term rental and has been flogged for operating without a valid permit).Data ix«• obtained August 2026. E".1 � �y Map createdFby Planning Department on 9/1012026 "v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADD SECTION 33-114.4.3 TO THE CITY CODE REGARDING NATIONAL REGISTER HISTORIC DISTRICT SIGNS MEETING DATE: September 15, 2026 ■ Background: The Historic Preservation Commission has successfully sponsored nine (9) National Register of Historic Places Historic District nominations since 2017. In keeping with their mission to increase public awareness about Virginia Beach's historical identity, the Commission requests establishment of a National Register Historic District identification sign program to provide citizens with information concerning the location of these resources. Residents in these districts have expressed a desire to have their communities identified in this manner. Signs are requested for these National Register Historic Districts per the attached Resolutions: 37th Street Cottages; Cavalier Shores; Chesapeake Beach; L & J Gardens; Oceana Neighborhood; Pleasant Ridge School; Seatack; and Woodhurst Neighborhood. Funding for the signs was encumbered from the Historic Preservation Commission line in the FY26 Department of Planning operating budget. Future signs will be funded in the same manner. ■ Considerations: Signs shall be permitted to be approved administratively upon application to the Department of Planning & Community Development by the Historic Preservation Commission on forms prescribed by the Director of Planning. Such signage shall be subject to the following standards: sign must identify an area of the city that is listed in the National Register of Historic Places as a Historic District; sign shall be owned by the city, and may be located, relocated, or removed at the discretion of the City Manager or his designee, signs shall be placed in public right-of-way in a location reviewed and approved by the Department of Public Works; no signs shall be larger than five (5) square feet in area or higher than nine and one-half (9'/2) feet above ground level, and all such signs shall have a minimum clearance from ground level to the bottom of the sign face of seven (7) feet. There is no known opposition to this request. ■ Attachments: Ordinance Sign Design Letter of Support (1) City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Submitting Department/Agency: Planning Department al City Manager:4P 1 AN ORDINANCE TO ADD SECTION 33-114.4.3 TO THE 2 CITY CODE REGARDING NATIONAL REGISTER 3 HISTORIC DISTRICT SIGNS 4 5 SECTION ADDED: § 33-114.4.3 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 The City Code is hereby amended and reordained to add Section 33-114.4.3 to 11 read as follows: 12 13 Section 33-114.4.3. — National Register Historic District Signs. 14 15 (a) The city manager or his designee may, and is hereby authorized to, approve 16 the encroachment, in, upon or over any public street or other publicly-owned 17 property, of any sign conforming to the following criteria: 18 19 (1) Such sign must identify an area of the city that is listed in the National 20 Register of Historic Places as a Historic District; 21 22 (2) Such sign shall be owned by the city, and may be located, relocated or 23 _removed at the discretion of the city manager or his designee; 24 25 (3) No signs shall be larger than five (5) square feet in area or higher than nine 26 and one-half (9112) feet above ground level, and all such signs shall have a 27 minimum clearance from ground level to the bottom of the sign face of 28 seven (7) feet; 29 30 (4) The location and design of such signage shall be subject to review and 31 approval by the Department of Public Works; 32 33 (5) No historic resource shall be the subject of more than two (2) historic 34 register signs, provided, however, that the City Manager or his designee 35 may authorize two (2) additional signs if he finds that two (2) signs are 36 insufficient to provide citizens with adequate information concerning the 37 location of the resource; 38 39 (b) Applications for the creation of a sign authorized by subsection (a) hereof shall 40 be made by the Historic Preservation Commission to the Director of Planning 41 on forms prescribed by him. 42 43 44 45 46 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.- Planning Departfnent Office of the City Attorney CA17274 R-2 September 1, 2026 (0) LOCATIONS - (14) SIGNS - 5 SQ. FT. EACH CARVED 3/4" THICK KOMACEL - 30" WIDE X 24" TALL rcavallier eshore8 rWoodhumst National Register atona Register Historic District Historic District Pleasant 3'Zth c�treet Midge (School Cottages National Register National Register Historic District Historic District I. OCeana Neighborhood I, gJ den�G�r National Register National Register Historic District Historic District eSeatack Chesapeake Beach National Register National Register Historic District Historic District CITY OF PLANNING & COMMUNITY DEVELOPMENT VIRGINIA Historic Preservation Commission BEACH 2403 Courthouse Drive Virginia Beach,VA 23456 September 2, 2026 Mayor Robert M. Dyer Vice Mayor Rosemary Wilson Virginia Beach City Council City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Sent by email only to:abomes@vbgov.com Subject: An Ordinance to add Section 33-114.4.3 to the City Code regarding National Register Historic District Signs Dear Mayor Dyer, Vice Mayor Wilson, and Members of the Virginia Beach City Council: Thank you for your consideration on September 15, 2026 of the above ordinance to establish signs to identify the National Register Historic Districts that have been recognized in Virginia Beach.The members of the Historic Preservation Commission (HPC) have voted unanimously to provide this letter of support for the sign program. The HPC was established by City Council in 2008, with part of our mission being to maintain the historic identity of Virginia Beach and the former Princess Anne County through a program of advocacy and increased public awareness and involvement. The National Register Historic District sign program will further the HPC's ability to increase public awareness about the historic neighborhoods and communities across the city. All eight of the districts that will receive the signs in 2026 were recognized as the result of National Register registrations initiated and funded by the HPC. One of the questions that nearly all of the neighborhood representatives asked us during the process was if there would be a sign to recognize their historic district.The sign program will fulfill that wish and help to raise the public's awareness about these historic areas. The HPC's efforts to actively inventory Virginia Beach's historic resources and to seek recognition for those that meet state and federal criteria have been recognized at the national level.The HPC received a 2024 Commission Excellence Award from the National Alliance of Preservation Commissions in the category of Best Practices in Identification and Registration for our work in this area.The National Register Historic District signs will serve to continue these efforts by identifying for our citizens and visitors the historic districts listed in the National Register of Historic Places in Virginia Beach. (757)385-4621 virginiabeach.gov/planning September 3,2026 Mayor Robert M. Dyer,Vice Mayor Wilson,and City Council Members Page 2 of 2 If you have any questions about the HPC's support for the National Register Historic District sign ordinance under consideration, please contact me at 757-652-9507 or by email at christilyons4547(c@gmail.com. Thank you for your consideration in establishing this program for Virginia Beach's National Register Historic Districts. Sincerely, Christi G. Lyons Chair, Historic Preservation Commission MAR/cgl cc: Kathy Walsh Mark Reed � (757)385-4621° virginiabeach.gov/planning •f,7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Transportation State of Good Repair / Primary Extension Program to Capital Project #100734, "Street Reconstruction III," for Road Paving Projects and to Transfer the Available Balance in Capital Project#100401, "Street Reconstruction II," to Capital Project#100734 MEETING DATE: September 15, 2026 ■ Background: Virginia Code § 33.2-369 establishes a State of Good Repair(SGR) program within the Commonwealth Transportation Fund. The purpose of SGR is for "improvement of deficient pavement conditions and improvement of structurally deficient bridges." Among the transportation items eligible for SGR funds are municipality maintained primary extensions. Accordingly, such projects are funded through the Primary Extension Paving Program. The Primary Extension Paving Program provides funds to qualifying road segments, typically up to $1.5 million per locality annually is available, in FY 2025-26 and FY 2026- 27 an additional $2 million was made available per locality per year increasing the potential to $3.5 million total per year. Individual road segments are submitted to the Virginia Department of Transportation and scored via a prioritization process. ■ Considerations: The City was awarded $7,000,000 total in SGR funding, $3,500,000 in FY 2025-26 and $3,500,000 for FY 2026-27. These funds support paving costs for eleven road segments. The total paving cost for these road segments is estimated at $8,427,910. The eleven (11) awarded segments and the remaining local portion of the total paving cost for each project are listed in the table below. Council Funding Total SGR Local District Year Paving State Portion Cost Award Southbound Military Highway (Indian River 1 & 7 2026 $825,714 $544,082 $281,632 Road to City Line) Southbound Military Highway (Elizabeth 1 2026 $1,450,730 $955,918 $494,812 River Bridge to Indian River Rd) Southbound Diamond Springs Road (58' north of Northampton 4 & 9 2026 $89,166 $89,166 $ - Blvd to Northampton Blvd) Southbound Diamond Springs Road (58' 4 & 9 2026 $1,324,717 $1,307,422 $17,295 north of Northampton Blvd to Haden Road) Southbound Diamond Springs Road ( Haden 9 2026 $603,412 $603,412 $ - Road to Shore Drive) Northbound Northampton Blvd (Shell Court to 9 2027 $827,102 $738,901 $88,201 Diamond Springs Road) Northbound Northampton Blvd g 2027 $851,948 $761,099 $90,849 (Diamond Springs Road to Shell Road) Northbound Northampton Blvd g 2027 $356,199 $300,000 $56,199 (Shell Road to Shell Road) Northbound Northampton Blvd 9 2027 $858,410 $700,000 $158,410 (Shell Road to Independence Blvd) Southbound Northampton Blvd 9 2027 $884,007 $700,000 $184,007 (Independence Blvd to Jack Frost Road) Southbound Northampton Blvd 9 2027 $356,505 $300,000 $56,505 (Jack Frost Road to Shell Road) Total $8,427,910 $7,000,000 $1,427,910 The City will use previously appropriated available funds in Capital Projects #100401, "Street Reconstruction II" and #100734 "Street Reconstruction III" for the local portion. There is sufficient local funding in the Capital Projects to satisfy the local match. ■ Recommendation: Adopt the attached ordinance. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Location Maps (11), CIP Detail Sheet for Capital Projects #100401 and #100734 Recommended Action: Approval Submitting Department/Agency: Public Works City Manager 9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION STATE OF GOOD REPAIR / 4 PRIMARY EXTENSION PROGRAM TO CAPITAL 5 PROJECT #100734, "STREET RECONSTRUCTION 6 III," FOR ROAD PAVING PROJECTS AND TO 7 TRANSFER THE AVAILABLE BALANCE IN CAPITAL 8 PROJECT#100401, "STREET RECONSTRUCTION II," 9 TO CAPITAL PROJECT #100734 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA, THAT: 13 14 1. $7,000,000 is hereby accepted from the Virginia Department of Transportation's 15 State of Good Repair/ Primary Extension Paving Program and appropriated, with 16 revenues increased accordingly, to the FY 2026-27 Operating Budget of the 17 Department of Public Works. 18 19 2. The $7,000,000 are hereby transferred, as pay-as-you-go revenue to Capital 20 Project #100734, "Street Reconstruction III," for road paving projects. 21 22 3. The available balance in Capital Project #100401, "Street Reconstruction II," is 23 hereby transferred to Capital Project #100734. 24 25 4. All local funding requirements for the road paving projects are to be provided by 26 available funds in Capital Project #100734. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: AP VED AS TO LEGAL SUFFICIENCY: )";I udget and anagement Services Ci y t ney s Office CA17300 R-1 September 2, 2026 A^ R AN E FRRQ_ NCE SITE QROViD� O LOCATION MAP SCALE 1"=9000' ~�. , pN 1 -,KNOB HILLI () h - A O , Tb,;,4 �O" C :`_� 0 � � RD VP O E't; ., t � . co Legend r .. PROJECT LIMITS ld PROPERTY LINE BOG . , �ZyG� G DIgO ,,� BUILDINGS SIDEWALK I PARKING LOT <tJ k (� ' u ROADWAY Hcr 'V /f ' f WATER - jQ oQQ LOCATION MAP SOUTHBOUND MILITARY HIGHWAY ,�✓��� j (INDIAN RIVER ROAD TO CITY LINE) �0" ` C I P 100734 V 0 300 600 i Feet Prepared by JCSIPW,Eng.iSurvey Bureaul0&25-2026 X:\Surveys\PROJECTS\kcGis Projects\Engineenng Support Agenda Maps\State of Good Repair Projects 260323 FY 2026&FY 2027 Projectsl260323 SGR Projects.aprx =9s —ltl=F.. ° JONATH'ANSG W E RRD ?,OvVD RDE ' ''�FZ DR-} S SITE ,Q > — _ 1 FR LOCATION MAP SCALE V=9000' 1 t I Rp UINOCKMAN # j � �ry AVE � R y; Z ` _ 4 4 n KINGS. ; 1 DYER i Z` ,� REE DR ��' x - __ I Z F pR' ` S d{ � sow�i -,' Q 'r Legend PROJECT LIMITS PROPERTY LINE BUILDINGS SIDEWALK YJ P rjjR� T ; j t_v 1, PARKING LOT F-1- l . J 1 r X" NOLAN AVE1 ' ROADWAY ERRY`= ! r` ' WATER . k q4' � F LOCATION MAP SOUTHBOUND MILITARY HWY (ELIZABETH RIVER BRIDGE TO INDIAN RIVER RD) r �, Q• ,. 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LOCATION MAP SCALE 1"=9000' ; _ ,� _ O 't O / O� ww0 f f � z y -- �t � � .� o _ Legend '4 r PROJECT LIMITS Z S PROPERTY LINE BUILDINGS ElSIDEWALK a PARKING LOT SAJO,r ROADWAY O J WATER O -.a►" �G LOCATION MAP 6O� NORTHBOUND NORTHAMPTON BLVD (DIAMOND SPRINGS RD TO SHELL RD) CIP 100734 RFtP� v �p�,12 0 500 1,000 RO JApR i i Feet Prepared by JCSIPW.Eng.lSurvey Bureaul0$25 2026 XASurveys\PROJECTSWcGis Projeds\Engineen Ang Suppoffi enda MapslState of Good Repair Projectsk260323 FY 2026&FY 2027 Projects\260323 SGR Projects.aprx -2 1 / 7 N SHORE DR `�CIR�- _. W E I - GTF. S SITE r wFl� J i LOCATION MAP SCALE 1" 9000' I ! 0 CC r ��r.,E e� p � � eL _r � •o S.rq 00 �P PEON NORM M Legend , PROJECT LIMITS :N PROPERTY LINE NN Q BUILDINGS SIDEWALK PARKING LOT y JCN ROADWAY WATER ��..� LOCATION MAP NORTHBOUND NORTHAMPTON BLVD (SHELL RD TO SHELL RD) CIP 100734 0 400 800 Feet Prepared by JCS;P W Eng.iSurvey Bureau`08 252026 XASurveysTROJECTS'ArcGis Projects\Engineenng Support�Agenda MapsiState of Good Repair ProjectsQ60323 FY 2026&FY 2027 Projectst260323 SGR Projects-aprx S DR m SHORE ` !t, v�, p oN. � � � �JUNo-Q W E o Np�NPM %y 'p �:.61�. ��• D ? ��� s TE ,� RCT- 1� LDR> • f -'OS RD ,% GqT�An .., a f,r0(JRG (Rp t-1 ' Cq vizLOCATION MAP SCALE 1"=9000' KE m M WLI D-� O�tSFS,, NEW So. ` r ACT�, ;, ` N RD- 0 S y 1 LI• ' 7 s� y r;N` IN' .� syof SCLL Ro X. 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Legend ~ O � PROJECT LIMITS F'4O El PROPERTY LINE/ gip` BUILDINGS SIDEWALK w� LOCATION MAP CyA PARKING LOT SOUTHBOUND NORTHAMPTON BLVD i0 (INDEPENDENCE BLVD TO JACK FROST RD) ROADWAY --a\U) C I P 100734 0 1,000 2,000 WATER 777j Feet mommmillim Prepared by JCSIP.W Eng\Survey Bureau\08 25 2026 XASurveys\PROJECTSiArcGis Projects\Engineenng Support\Agenda Maps\State of Good Repair Projects\260323 FY 2026&FY 2027 Projectst260323 SGR Projects.aprx 1 SNORE DR S, 4 �CIR .,.. e oON vm S�ENS j f W E zo tAO?V11 6��D'� � � rO 6" O SITE OO G>�� { v. �Ca W©LFyAN spy R lc-j LOCATION MAP SCALE 1"=9000' O � t O' s cc Nit..av G vp Legend — -� PROJECT LIMITS C0 _ - PROPERTY LINE E s� BUILDINGS SIDEWALK n �6 PARKING LOT S-/ ` �f ROADWAY WATER LOCATION MAP SOUTHBOUND NORTHAMPTON BLVD (JACK FROST RD TO SHELL RD) C I P 100734 0 400 800 I Feet Prepared by JCS\P W Eng iSurvey Bureaui08-25-2026 XASurveys\PROJECTSWrcGis Projects\Engineenng SupportiAgenda MapsiState of Good Repair Projeds1260323 FY 2026 8 FY 2027 Projects1260323 SGR Projects.aprx City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100401 Title:Street Reconstruction II Status:Approved Category:Roadways Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 61,522,635 47,322,635 3,450,000 2,150,000 2,150,000 2,150,000 2,150,000 2,150,000 0 Description This program provides funding for the reconstruction of existing roadways.Reconstruction involves the replacement of the existing pavement structure and will be performed on roadways that have reached the end of their service life based on current survey and condition assessments.This annual program also includes reconstruction projects funded with Virginia Department of Transportation's(VDOT)State of Good Repair(SGR)/Primary Extension Program resources.Local contributions that must be borne by the locality to use Commonwealth or federal pass through funds may come from this project.This work may include but not limited to replacement of curb and gutter systems when needed for pavement performance and ADA improvements in the right-of-way including curb ramps and sidewalk.Street Reconstruction is an eligible expenditure for VDOT maintenance funds. Purpose More t an a o a t e pavement in t e City is over 20 years o .Even witn optimum maintenance,eventua y it reac es t e point wriere maintenance is no longer practical or cost effective.This program addresses the needs identified by the Aging Infrastructure Strategic Recommendations. History and Current Status This program first appeared in the FY 2013-14 CIP.It is a continuation of project Street Reconstruction I,which first appeared in the FY 2000-01 CIP. In FY 2023-2, $1.5 million from the State of Good Repair Program was appropriated to this project as well as$3.4 million in funding from VDOT urban maintenance funds.The FY25 State of Good Repair Program added another$3.5 million in funding in October 2024. Operating Project Map Schedule of Activities Project Activities From-To Amount Design 07/13-06/31 9,228,395 Site Acquisition 07/13-06/31 3,076,132 Construction 07/13-06/31 49,218,108 Total Budgetary Cost Estimate: 61,522,635 Means of Financing Funding Subclass Amount State Contribution 14,285,479 Local Funding 42,737,156 Federal Contribution 4,500,000 NO MAP REQUIRED Total Funding: 61,522,635 FY 2025-26 TO FY 2030-31 84 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2027 thru FY 2032 Capital Improvement Program Project: 100734 Title:Street Reconstruction III Status:Approved Category:Roadways Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 14,200,000 0 3,450,000 2,150,000 21150,000 2,150,000 2,150,000 2,150,000 0 Description This program provides funding for the reconstruction of existing roadways.Reconstruction involves the replacement of the existing pavement structure and will be performed on roadways that have reached the end of their service life based on current survey and condition assessments.This annual program also includes reconstruction projects funded with Virginia Department of Transportation's(VDOT)State of Good Repair(SGR)/Primary Extension Program resources.Local contributions that must be borne by the locality to use Commonwealth or federal pass through funds may come from this project.This work may include but not limited to replacement of curb and gutter systems when needed for pavement performance and ADA improvements in the right-of-way including curb ramps and sidewalk.Street Reconstruction is an eligible expenditure for VDOT maintenance funds. Purpose More t an a o a t e pavement in t e City is over 20 years o .Even with optimum maintenance,eventua y it reaches the point where maintenance is no longer practical or cost effective.This program addresses the needs identified by the Aging Infrastructure Strategic Recommendations. History and Current Status This program first appeared in the FY 2026-27 CIP.It is a continuation of project Street Reconstruction I,which first appeared in the FY 2000-01 CIP,as well as Street Reconstruction II,which first first appeared in the FY 2013-14 CIP. Operating Project Map Schedule of Activities Project Activities From-To Amount Design 07/26-06/32 2,130,000 Site Acquisition 07/26-06/32 710,000 Construction 07/26-06/32 11,360,000 Total Budgetary Cost Estimate: 14,200,000 Means of Financing Funding Subclass Amount Local Funding 14,200,000 Total Funding: 14,200,000 NO MAP REQUIRED FY 2026-27 TO FY 2031-32 7 CAPITAL IMPROVEMENT PROGRAM �Nu ems~• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Criminal Justice for Localized Gun Violence Intervention and Prevention Efforts MEETING DATE: September 15, 2026 ■ Background: The Virginia Department of Criminal Justice Services has announced the Firearms Violence Intervention & Prevention Grant for the City. The availability of this non-competitive (earmark) grant is designated to support localized gun violence intervention and prevention efforts. Under state guidelines, these funds must support evidence informed initiatives, such as street outreach, hospital-based violence intervention, and youth engagement. This grant specifically provides support to the Police Department, Parks and Recreation, and Juvenile Probation to purchase new equipment, supplies, enhancing Parks After Dark programming, and intervention programming by Juvenile Probation. ■ Considerations: The total award for this grant is $500,000 for equipment, supplies, and programming for preventive and intervention efforts in reducing gun violence. No local match is required. The grant period runs from July 1, 2026, through June 30, 2028. The award will be used as follows: • $268,300 to the Police Department for a metal detector and non-lethal training rounds and related supplies; • $38,000 to Parks and Recreation to enhance Parks After Dark; and • $193,700 to Juvenile Probation for intervention programming. The authorization includes execution of necessary grant agreements, and it includes the customary disclaimer regarding replacement of equipment purchased with grant funds. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department, Parks and Recreation, Juvenile Probation City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE FOR LOCALIZED GUN VIOLENCE 4 INTERVENTION AND PREVENTION EFFORTS 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $500,000 is hereby accepted from the Virginia Department of Criminal Justice 10 and appropriated, with state revenue increased accordingly, to the following departments, 11 in the following amounts, for the following purposes: 12 a. $268,300 to the Police Department for a metal detector and non-lethal 13 training rounds and related supplies; 14 b. $38,000 to Parks and Recreation to enhance Parks After Dark; and 15 c. $193,700 to Juvenile Probation for intervention programming. 16 17 2. The City Manager, in his capacity as Authorized Official of the City of Virginia 18 Beach, is hereby authorized to execute, on behalf of the City of Virginia Beach, all 19 necessary agreements, certifications, and assurances as instructed and required by the 20 Virginia Department of Criminal Justice. 21 22 3. The replacement of the above items purchased with these grant funds is 23 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: Biidget and Management Services ttorney's Office CA17299 R-2 September 9, 2026 T 44/1 ti �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for the Agricultural Reserve Program MEETING DATE: September 15, 2026 ■ Background: On January 20t", 2026, City Council authorized the City Manager to execute an intergovernmental agreement with the Virginia Department of Forestry regarding the purchase of agricultural reserve program easements. This agreement provides the opportunity to request state funding that would match local dollars for easements acquired. The goal of the agreement is to provide financial assistance for local programs to protect working farm and forested land. Similar agreements were signed in FY 2023-24 and FY 2024-25 for a total of $348,403.57. Revenue from these previous agreements was recently received by the City. ■ Considerations: Appropriation of this revenue could be used to reimburse the City for the cost of purchasing of approximately 138.36 acres in agricultural land preservation easements from J. Louis Parsons, Jr. located at 5853 Blackwater Road with a value of $1,007,261. This purchase was authorized on May 5th, 2026. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Agriculture Department City Manager: le 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS FOR THE AGRICULTURAL RESERVE 3 PROGRAM 4 5 WHEREAS, the City Council has authorized intergovernmental agreements with 6 the Virginia Department of Forestry for the reimbursement of a portion of the costs of 7 purchase of certain agricultural preservation easements; and 8 9 WHEREAS, the Commonwealth has authorized partial reimbursement for the J. 10 Louis Parsons, Jr. property. 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA, THAT: 14 15 $348,403.57 is hereby accepted from the Virginia Department of Forestry and 16 appropriated, with state revenues increased accordingly, to the FY 2026-27 Operating 17 Budget of the Agriculture Reserve Program Special Revenue Fund to reimburse the City 18 for a portion of the cost to acquire a preservation easement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Iffudget and Management Services rney's Office CA17301 R-1 September 2, 2026 x �vv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Behavioral Health and Developmental Services for Information Technology Infrastructure Modernization for the Department of Human Services MEETING DATE: September 15, 2026 ■ Background: Since FY 2023, the Department of Human Services (DHS) has utilized Federal and State grant funding to support efforts to modernize its information technology (IT) infrastructure regarding data, business analytics, and critical operating systems such as financial management systems. In April 2026, the Virginia Department of Behavioral Health and Developmental Services provided DHS with funding that exceeded the department's budgeted revenue for the IT Infrastructure Modernization program by $59,498. ■ Considerations: Since FY 2023, DHS has received $599,196 in Federal and State funding for IT Infrastructure Modernization and $539,698 has been appropriated. Before DHS can utilize the remaining $59,498, City Council must appropriate the funds. This grant does not require a local match from the City. ■ Public Information: Normal Council Agenda process ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services City Manager/ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 BEHAVIORAL HEALTH AND DEVELOPMENTAL 4 SERVICES FOR INFORMATION TECHNOLOGY 5 INFRASTRUCTURE MODERNIZATION FOR THE 6 DEPARTMENT OF HUMAN SERVICES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 $59,498 is hereby accepted from the Virginia Department of Behavioral Health and 12 Developmental Services and appropriated, with revenue from the Commonwealth 13 increased accordingly, to the FY 2026-27 Department of Human Services Operating 14 Budget within the Consolidated Grants Fund for the modernization of information 15 technology infrastructure. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026, Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA17303 R-1 September 2, 2026 s; i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management to the Fire Department MEETING DATE: September 15, 2026 ■ Background: The Swift Water Rescue Team within the Fire Department assists with local operations as well as deployments to other localities throughout the country to assist with swift water rescue missions. In August 2026, the Fire Department was contacted about accepting the FY 2025 State Water Rescue Program Grant in the amount of$18,000. The funds are passed through from the Department of Homeland Security to the Virginia Department Emergency Management. ■ Considerations: FY 2025 Water Rescue grant funds will be used to purchase replacement personal protective equipment utilized in water rescue response and support costs associated with water rescue training. No local match is required for this grant. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Managerfk9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE FIRE DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT- 7 8 1. $18,000 is hereby accepted from the Virginia Department of Emergency 9 Management and appropriated, with revenue increased accordingly, to the FY 10 2026-27 Operating Budget of the Fire Department to purchase replacement 11 personal protective equipment utilized in water rescue response and support 12 costs associated with water rescue training. 13 14 2. The replacement of the above items purchased with these grant funds is 15 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Y' -"- Budget and anagement Services LltynW-s Office CA17302 R-1 September 2, 2026 4�w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $25,000 from the General Fund Reserve for Contingencies to the Economic Development Department and to Authorize the City Manager to Execute a Sponsorship Agreement with Black BRAND MEETING DATE: September 15, 2026 ■ Background: The 11t' Annual Black Diamond Weekend Business Convention is a three-day event hosted by Black BRAND (Regional Black Chambers of Commerce) and cosponsors Google.org and Virginia is for Business Lovers at the Virginia Beach Convention Center. The three-day event is scheduled for November 2026 and will feature distinguished speakers, networking events, a pop-up market, and the Black Diamond Gala. Google.org has pledged $150,000 for purposes of funding an Al curriculum, digital equity initiatives, technical stage execution, and small business resource deployment. Other private sponsors and potential revenues from ticket sales are estimated to be $185,000. It is projected that this event will host around 500-750 people, ranging from entrepreneurs, corporate buyers, and policymakers with an estimated 50% being from outside Hampton Roads. Black BRAND conducted an economic analysis and estimates the City would generate between $8,925 - $13,388 in lodging revenue and an estimated $200,000 in non-conference spending (food, retail, and transportation). Along with indirect benefits such as bolstering the City's reputation by sharing the stage with Google and providing support of small, women and minority-owned businesses. ■ Considerations: The attached ordinance transfers $25,000 from the General Fund Reserve for Contingencies to Economic Development. The ordinance also authorizes the City Manager to enter into a sponsorship agreement for the event. If approved the available balance in the General Fund Reserve for Contingencies would be $1,449,090. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance, Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Economic Development City Manager: /V 1 AN ORDINANCE TO TRANSFER $25,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 THE ECONOMIC DEVELOPMENT DEPARTMENT AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE A 5 SPONSORSHIP AGREEMENT WITH BLACK BRAND 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $25,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to the Operating Budget of the Department of Economic Development. The City Manager 12 is further authorized to execute a sponsorship agreement with Black BRAND for the Black 13 Diamond Weekend Event. 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: B dget and Management Services torney�Office CA17298 R-1 August 27, 2026 DisclosureCITY OF VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Black BRAND 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? Yes©Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Lafayette Judkins; Yvonne Allmond; Eric Claville, JD; Art Hall, JD; Genese Rogers Caffee, CPA; Clarence Harris, CPA; James Boyd; Nicole Richardson; Blair Durham Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, © e cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 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 (F) © ACG Tax and Accounting; BCPA Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor 0 e Engineer/Surveyor/Agent 0 Legal Services 0 0 Crenshaw, Ware, and Martin PLC APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Blair Durham 7/30/2026 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 same person or substantially the some person own or manage the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 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 n/a 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 Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No© If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes © No() 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, Q cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Q Q Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 0 . PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 K. PLANNING 1. KROLL RESIDENTIAL, INC. / PAULA G. GIBSON for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 2540 Entrada Drive DISTRICT 2 RECOMMENDATION: APPROVAL 2. BH FARMHOUSE, LLC/THE FARMHOUSE LLC for a Variance to Section 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 (Deferred from August 11, 2026) RECOMMENDATION: APPROVAL 3. BIVI REAL ESTATE LLC for a Modification of Conditions to a Conditional Use Permit re indoor recreational facility at 941 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 4. 449 LONDON LLC for a Conditional Change of Zoning from R-10 Residential District to Conditional 1-1 Light Industrial District re develop site with a storage yard for contractors' vehicles, equipment & materials and a Conditional Use Permit re bulk storage yard at 2548 Potters Road DISTRICT 3 RECOMMENDATION: APPROVAL 5. DOGS REAL ESTATE 2, LLC for a Conditional Use Permit re residential kennel at 1652 Flanagans Lane DISTRICT 2 RECOMMENDATION: APPROVAL 6. CLARK NEXSEN, INC./VIRGINIA PILOT ASSOCIATION TRUST for a Conditional Use Permit re commercial marina and a Conditional Use Permit re dormitories for Marine pilots at 3329 Shore Drive DISTRICT 8 RECOMMENDATION: APPROVAL 7. MARK MOISON, DAVID MOISON, LISA MOISON for a Conditional Use Permit re short term rental at 304 28th Street, Unit 105 DISTRICT 6 RECOMMENDATION: APPROVAL 8. RAYMOND LEE SMITH & KRISTEN JUNE GOLLIDAY for a Conditional Use Permit re short term rental at 516 22nd Street, Unit 100 DISTRICT 6 RECOMMENDATION: APPROVAL 9. WAVE INVESTMENT GROUP, LLC for a Conditional Use Permit re short term rental at 414 19th Street, Unit 104 DISTRICT 6 RECOMMENDATION: APPROVAL 10. CHRISTOPHER TAING/THENG TAING &SAWALUK TAING for a Conditional Use Permit re short term rental at 415 20th Street DISTRICT 6 RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, September 15,2026 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 Ilvestreaming on https://vlrglniabeach.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 September 15,2026. 2. Download WebEx and view the meeting at: httos,/Iybgov.webex-comZweblink/register/re22e2f73bf63217e27 bS073761483800 The following requests are scheduled to be heard: Kroll Residential,Inc.Property Owner.Paula G Gibson Subdivision Variance (Section 4.4(b)of the Subdivision Regulations)Address:2540 Entrada Drive GPIN:2414719703 City Council:District 2(Henley) SH Farmhouse, LLC Property Owner: The Farmhouse LLC Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) & Conditional Rezoning(Conditional B-2 Community Business District to Conditional B-4 Mixed Use District)Address:1805 Kempsville Road GPIN:1455922961 City Council:District 7(Jackson-Green) BIVI Real Estate LLC(Applicant&Owner)Modification of Conditions Address: 941 Laskin Road GPIN:2418716272 City Council:District 6(Remick) 449 London LLC (Applicant & Owner) Conditional Rezoning (R-10 Residential District to Conditional 1-1 Light industrial District)&Conditional Use Permit (Bulk Storage Yard) Address: 2548 Potters Road GPIN: 1497733185 City Council:District 3(Berlucchi) Dogs Real Estate 2, LLC (Applicant & Owner) Conditional Use Permit (Residential Kennel)Address:1652 Flanagans Lane GPIN:2413579634 City Council:District 2(Henley) Clark Nexsen, Inc. Property Owner. Virginia Pilot Association Trust Conditional Use Permits(Commercial Marina&Dormitories)Address:3329 Shore Drive GPIN:1489787712 City Council:District 8(Cummings) Mark Moison,David Moison,Lisa Moison(Applicant&Owner)Conditional Use Permit(Short Term Rental)Address:304 28th Street,Unit 105 GPIN: 24280028661005 City Council:District 6(Remick) Raymond Lee Smith&Kristen June Golliday(Applicant&Owner)Conditional Use Permit(Short Term Rental)Address:516 22nd Street,Unit 100 GPIN: 241798732601 City Council:District 6(Remick) Wave Investment Group,LLC(Applicant&Owner)Conditional Use Permit (Short Term Rental)Address:41419th Street,Unit 104 GPIN:2427075404 City Council:District 6(Remick) Christopher Ta Ing Property Owner:Theng Taing&Sawaluk Taing Conditional Use Permit (Short Term Rental) Address: 415 20th Street GPIN: 2427084082 City Council:District 6(Remick) Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive, Municipal Center, Building 3, Virginia Beach,VA 23456 or online at https://virginiabeach.gov/pc. For Information call 757-385-4621. If you require a reasonable 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 https://clerk.vlrginiabeach.gov/city-council for the most updated meeting Information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-SEPTEMBER 1,2026&SEPTEMBER 8,2026-1 TIME EACH °may fZt i CITY OF VIIRGINIA BEACH AGENDA ITEM ITEM: KROLL RESIDENTIAL, INC. [Applicant] PAULA G GIBSON [Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 2540 Entrada Drive (GPIN 2414719703). COUNCIL DISTRICT 2 (Henley) MEETING DATE: September 15, 2026 ■ Background: The applicant is requesting a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width to create three single-family parcels within the Lagomar neighborhood. The subject site currently contains a single-family dwelling which is proposed to remain. The R-15 Residential Zoning District requires a minimum lot area of 15,000 square feet and a minimum lot width of 100 feet for single-family use. While two of the proposed lots, Lot C1 and Lot C2, will meet all dimensional requirements of the R- 15 Residential Zoning District, proposed Lot C3 will be deficient in lot width, with a proposed width of 24.41 feet. ■ Considerations: In its current form, with a lot area of 5.56 acres and a lot width of approximately 224 feet, the subject parcel is unique in that it is much larger than the majority of parcels within the Lagomar subdivision, which range in size from approximately 15,000 to 25,000 square feet in area and approximately 100 to 150 feet in lot width. The subject parcel is one of three similarly situated parcels within the subdivision, referred to as Parcels A, B, and C, which, when platted, far exceeded the dimensions of the other lots. One of those similarly situated parcels, Parcel B, is directly adjacent to the subject parcel and was granted a Subdivision Variance in 1990 to allow for the creation of four single-family parcels. Similarly, the lot is significantly deeper than the other parcels in the neighborhood, with a depth of approximately 700 feet. Given these unique dimensional characteristics, the parcel has the lot area to accommodate the three proposed parcels, but lacks sufficient street frontage to subdivide as proposed without a Subdivision Variance being granted. One letter of support was received, and a letter of opposition was received citing concerns with impacts on the character of the neighborhood. Kroll Residential, Inc. Page 2 of 3 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The site shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision Plat of Parcel C Lagomar Section One"dated April 15, 2026, prepared by MidAtlantic Surveying and Land Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A private utility easement must be established for any water and/or sewer lines crossing Lots C1 or C2 to serve Lot C3. 3. Any future development of the parcels shall be in accordance with the City's Floodplain Ordinance and Southern Rivers Watershed Management Ordinance. 4. Lot C3 shall not be further subdivided, and a note shall be added to the resubdivision plat stating that Lot C3 shall not be further subdivided. 5. The existing pool house on Lot C3 shall no longer be used as a dwelling unit. This shall not prevent its use as an accessory dwelling if permitted by the City Zoning Ordinance, and after all required permits and approvals are obtained. 6. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Kroll Residential, Inc. Page 3 of 3 Submitting Department/Agency: Planning Department , City Manager%� Agenda Item 4 A••licant: Kroll Residential, V_B ' ••- • •' • • • 1 • CouncilCity District: Project Details Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation cqT n Ba wEr+ocT _' a �. Approval - O Ct 'WJOSE CT'� „ O \ . Staff Planner `' Alexis Bailey !` `: 1 o u o R , r Location �, F 2540 Entrada Drive GPIN - Q P 2414719703 Po- Site Size 5.56 acres AICUZ Less than 65 dB DNL Watershed �llj�- Southern Rivers �a.. Existing Land Use and Zoning District Single-family dwelling/R-15 Residential Surrounding Land Uses and Zoning Districts North Entrada Drive ` Single-family dwellings/R-15 Residential '�� South ' o y Single-family dwellings/ R-15 Residential East SFr Single-family dwellings/R-15 Residential West Single-family dwellings/ R-15 Residential Kroll Residential, Inc. Agenda Item 4 page 1 of 13 Background ► SummaryofProposal • The applicant is requesting a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width on this 5.56-acre, R-15 Residential District zoned parcel, which is located in the Lagomar neighborhood. • The subdivision plat for Lagomar, Section One,was recorded in 1968, in Map Book 76, Page 13. The plat included three parcels, identified as Parcel A, Parcel B, and Parcel C, all of which were significantly larger than the other proposed parcels. Parcel A is developed with a single-family dwelling and exists in the same configuration as shown on the 1968 plat. A Subdivision Variance was approved by the City Council in 1990 for Parcel "B'" which allowed for the creation of four parcels, two of which had a lot width of 20 feet rather than the 100-foot width required by the Ordinance. • Parcel C is the subject of this request and contains a single-family dwelling constructed in 1968, which is proposed to remain. • The applicant seeks to subdivide Parcel C to create three single-family parcels. • The R-15 Residential Zoning District requires a minimum lot area of 15,000 square feet and a minimum lot width of 100 feet for single-family use. • While proposed Lots C1 and C2 will meet all dimensional requirements of the R-15 Residential Zoning District, proposed Lot C3 will be deficient in lot width, with a proposed width of 24.41 feet. As such, a Subdivision Variance is required. Required Proposed Proposed Lot Width for Proposed Lot Width for Lot Width Lot Width for Lot C1 Lot C2 (feet) Lot C3 (feet) 100 110 110 24.41* * indicates a substandard value that requires a Variance Kroll Residential, Inca Agenda Item 4 page 2 of 13 Zoning # Request 1 SVR Approved 10/23/1990 n'A p l 2 'DR RIS R15 9 yobs, -J Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.,Alternative Compliance Evaluation • • , • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. Kroll Residential, Inc. Agenda Item 4 page 3 of 13 E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized, whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The applicant plans to subdivide the subject parcel to create three single-family lots, one of which will contain the existing single-family dwelling and two of which will be for the construction of new single-family dwellings. In its current form, with a lot area of 5.56 acres and a lot width of approximately 224 feet, the subject parcel is unique in that it is much larger than the majority of parcels within the Lagomar subdivision, which range in size from approximately 15,000 to 25,000 square feet in area and approximately 100 to 150 feet in lot width. It is also only one of three similarly situated parcels within the subdivision, referred to as Parcels A, B, and C, which, when platted, far exceeded the dimensions of the other lots. One of those similarly situated parcels, Parcel, is directly adjacent to the subject parcel and was granted a Subdivision Variance in 1990 to allow for the creation of four single-family parcels. Similarly, the lot is significantly deeper than the other parcels in the neighborhood, with a depth of approximately 700 feet. Given these unique dimensional characteristics, the parcel has the lot area to accommodate the three proposed parcels, but lacks sufficient street frontage to subdivide as proposed without a Subdivision Variance being granted. Staff is of the opinion that the proposed layout, which includes two conforming single-family parcels along Entrada Drive, will conform to the overall character and development pattern of the neighborhood, and approval of the Subdivision Variance would not adversely affect the surrounding properties or overall neighborhood. When researching the property for this request, it was determined that the existing pool house on the property was being rented as a second dwelling unit. Since two dwelling units on one lot are not permitted within the R-15 Residential District, Condition 5 has been recommended to prohibit any accessory dwelling units until such time that such a use is permitted by the City Zoning Ordinance. As such, Staff finds the proposal to satisfy the criteria found in Section 9.3 of the Subdivision Regulations and recommends approval of the request subject to the conditions listed below. Recommended Conditions 1. The site shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision Plat of Parcel C Lagomar Section One" dated April 15, 2026, prepared by MiclAtlantic Surveying and Land Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A private utility easement must be established for any water and/or sewer lines crossing Lots C1 or C2 to serve Lot C3. 3. Any future development of the parcels shall be in accordance with the City's Floodplain Ordinance and Southern Rivers Watershed Management Ordinance. Kroll Residential, Inca Agenda Item 4 page 4 of 13 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT Entrada Drive No Data Available No Data Available Proposed Land Use 3-10 ADT 1 Average Daily Trips 'As defined by three 'LOS = Level of 'As defined by a single-family Service single-family dwelling dwellings Master Transportation Plan(MTP)and Capita/improvement Program(CIP) There are no MTP or CIP projects in the vicinity of the site. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water&Sewer There is an existing 8-inch city water main and an 8-inch city sanitary sewer gravity main along Entrada Drive. Each proposed lot must connect to the city system with separate water and sewer service lines. A private utility easement must be established for any water and/or sewer lines crossing Lots C1 or C2 to serve Lot C3. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August 5, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 1, 2026 and September 8, 2026. Kroll Residential, Inca Agenda Item 4 page 6 of 13 • 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 31, 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 September 11, 2026. Kroll Residential, Inc. Agenda Item 4 page 7 of 13 Law l�' CIT" OF MRGIMA BFACF • A.,]µl;a_•_,\ / .` rd!• IIf.4IRMl]Rlfr IIYI Itf S1.11"m AS R AmAn F:'::'77tE.W �• r". l a THIS f�T CW'-Vi -0 Ti- MKOWf BFLI9M J\� 41140fi IE1N1R0 TO TIE SLB]ht CV 0:LA\]AID E Y.TF]MY / '••.1 �-. .T Y"JkiA:T�.^?.#2` n'TdMu.iY SUQI N';%6 4li:lll#19M I J!o-r AS 10'll! L'^Md:IN\S.. IIINAfIWP II P. is O 'r P P_rt.EEMS cnaEAn a arfe PSJC ETEF37 oN -\lnar IIIICI orAw ICn 11 IX F :!Y �O�lvF: {`1a;\' ``.`�� a,y�.� mt %..S.:•! cur^r law nAR P.x •4 �V���V3` �:•,/'. 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'' •u. .'X7(f.%f.Cli%• -15e:r::R r arx. :'Yd:'2% f :.Yc 2t:ir•4::r'err r :(,;s1.iu+-pow. ;x":a.•1»7!!Ln; =:In x s,s.rj •(»,.r::?.:,Gv:.ai bm:':,�•,:!r9:.:;.c •a!t r:(a:r lscra L•n1XM:! ?a:t:•J'1MY.0 , SUBDIVISION PLAT ^.F PARCEL C LAGOMAR SECTION ONE III.i 0 kR011 Dr. O 'P. p Gt HLLrD tlY: RF MAS LD."MIX blAC4.VIPf11A N 14=:7(i & ��(1�1 •t YIII.0 UA:I'!'S: \(idA�Ji Y:mrynu+M I:nd Iaspp O(IdAElE+6.II LAMB MZ;26 04Ul!Y6 iY3)UmBuW SA'Iw'L 1NIe,1IX+110 D SI E:til 1:P'IY(}E AIJ.V(YIT AAI](7 wI7P('A7R?!S f,XA17 E1(:8(Afl': I' NNo 003tiIB n LA % M,InvA V41f8 =: 04,%IS/LC2tl per( la"J.ia'iaN98 Q l s 09' SHLL1� R'WW.A1A.A (� -'� — 4p 9TfµVEi ()1 If()rD :AI)AVIA aAT:19 f.1).f17AT Q 00 rrt � 0 (D W � n Site Photos !i ' .a Disclosure Statement CITY OF Disclosure V-B w A Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required far all applications thot pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Kroll Residential, Inc. Is Applicant also the Owner of the subject property? Yeso Na() If no, Property Owner must complete SEC DON 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(j)No0 If yes, name Representative: Robert P. Beaman, III Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0No0 If yes,list the names of oil officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) Alexander P.Kroll,Jeffrey A.Kroll,Joshua E.Kroll I Does the subject property have a proposed or pending purchaser? Yes • No If yes,name proposed or pending purchaser: Kroll Residential, Inc. 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. I APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity andlor individual Financing(mortgage,deeds of trust, 0 q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 e Disclosure Statement I rev. May-2024 page 1 of 3 Kroll Residential, Inc. Agenda Item 4 page 10 of 13 Disclosure SECTION APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER f (Name entity and/or individual Accounting/Tax Return Preparation I Architect/Designer/Landscape Architect/Land Planner Q i MidAtlanfic Surveying and Land Design,Inc. 1 Construction Contractor i Engineer/Surveyor/Agent Q MidAtlantic Surveying and Land Design,Inc. Legal Services e ® Troutman Pepper Locke LLP APPLICANT CERTIFICATION READ:i certify that all information contained in this Farm is complete, true,and accurate. 1 understand that, upon receipt of notification that the application has been scheduled far 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. Alexander P. Kroll Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly awns shares possessing more than So percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act VA. Code§2.2-3101, 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 on 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 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): _ 8/25/2026 Alexis Bailey 8/25/2026� Staff Name(Print) Staff Signature Date Disclosure Statement i rev. May-Z024 page 2 of 3 Kroll Residential, Inc. Agenda Item 4 page 11 of 13 Disclosure Statement SECTION 2: PROPERTY 0 DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Paula G. Gibson is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yeso No(�) if yes,list the names of all officers,directors,members, or trustees below AND businesses that have a parent-subsidiary z or affiliated business entity 7 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? YesQ Noo If yes, name proposed or pending purchaser: Kroll Residential, Inc. _._________ 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 a No if yes, name the o)ficial or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, cross-collateralization,etc.) i Real Estate Broker/Agent/Realtor 0 0 SAccounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner G) Construction Contractor j 0_ 0 Engineer/Surveyor/Agent f-00— v G Legal Services PROPERTY OWNER CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board o 7b/ic body or cgm ittee in with this application. Paula G. Gibson .vS 6, Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. Ni a y-2024 page 3 of 3 Kroll Residential, Inc. Agenda Item 4 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. Kroll Residential, Inc. Agenda Item 4 page 13 of 13 SAN JQSE CT 4 R�5 Z R1-5 94 R15 ,15 4 X R,1.5 w J �a o R15 CO Q J �aFqCr 4 AGP, w" y`�,�� . ,R15 site Kroll Residential, Inc. Q zoning 2540 Entrada Drive C] Property Polygons Feet 0 62.5 125 250 375 500 Map created by Planning Department on 8/11/2026 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #4 Kroll Residential, Inc. Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is agenda item 4, Kroll Residential, Incorporated. Is there a representative here today to speak on this? Welcome. Please state your name for the record. Mr. Beeman: Thank you, Madam Vice Chair, Mr. Chair, members of the Commission. For the record, my name is Rob Beeman, local land use attorney at the Troutman Pepper Locke law firm. Here today on behalf of the applicant,we've had a chance to read the conditions,they're acceptable, and we certainly appreciate being on the consent agenda. Thank you. Ms. Byler: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none,I have asked Commissioner Cromwell to read it into the record. Mr. Cromwell: This application is located at 2540 Entrada Drive. The applicant is requesting a subdivision variance to Section 4.4 of the subdivision regulations for lot width on this 5.56 acre R15 Residential District zone parcel, which is located in the Lagomar neighborhood. The subdivision plat for Lagomar Section 11 was recorded in 1968 in Mapbook 76,page 13. The plat included 3 parcels identified as Parcel A, Parcel B, and Parcel C, all of which were significantly larger than the other proposed parcels. Parcel C is the subject of this request and contains a single- family dwelling constructed in 1968, which is proposed to remain. The applicant seeks to subdivide Parcel C to create 3 single-family parcels. The RI Residential Zoning District requires a minimum lot area of 15,000 square feet and a minimum lot width of 100 feet. While proposed lots C 1 and C2 will meet all the dimensional requirements of the RI Residential Zoning District, proposed Lot C will be deficient in lot width with a proposed width of 24.41 feet. As such, a subdivision variance is required. Hearing no opposition to this request, we put it on the consent agenda. Ms. Byler: Thank you, Commissioner Cromwell. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Byler: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The site shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision Plat of Parcel C Lagomar Section One" dated April 15, 2026, prepared by MiclAtlantic Surveying and Land Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A private utility easement must be established for any water and/or sewer lines crossing Lots C1 or C2 to serve Lot C3. 3. Any future development of the parcels shall be in accordance with the City's Floodplain Ordinance and Southern Rivers Watershed Management Ordinance. 4. Lot C3 shall not be further subdivided, and a note shall be added to the resubdivision plat stating that Lot C3 shall not be further subdivided. 5. The existing pool house on Lot C3 shall no longer be used as a dwelling unit. This shall not prevent it's use as an accessory dwelling if permitted by the City Zoning Ordinance, and after all required permits and approvals are obtained. 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. Graham Miller and Andrea Miller 1020 Camino Real South Virginia Beach,VA 23456 millergt85@gmaii.com August 10,2026 Alexis Bailey,Planner Department of Planning and Community Development City of Virginia Beach RE: Subdivision Variance 2026-PCCC-00083—2540 Entrada Drive(GPIN 2414-71-9703) Supplemental Letter—Supersedes Our Prior Submissions in This Case Dear Ms. Bailey, We own 1020 Camino Real South(Lot 10.GPIN 2414-71-9311-0000),which adjoins the proposed Lot C3.We previously filed an objection letter and a statement of position in this case.This letter supersedes those submissions in full and should be included in the record for the Planning Commission and City Council. We support the application. Our concern was that the large rear parcel could later be subdivided into a neighborhood behind our home without further public review.The applicant has addressed that with a Declaration of Restrictive Covenant permanently prohibiting further subdivision of Lot C3,to be executed by the owner and recorded with the final plat.It runs with the land,binds successors,and cannot be amended without the agreement of the owners of Lots C 1,C2,C3,and our Lot 10.The applicant is handling execution and will provide the document to the City.That resolves our concern. We also want the record to reflect how this came about.Mr.Kroll called us directly,listened to what we were actually worried about,and worked through it with us over several weeks.He and his counsel were patient with our questions and responsive at every step,and he was willing to put a permanent recorded commitment behind what he told us.Ms.Gibson agreed to encumber her own property to address a neighbor's concern.We appreciate all of it. We support approval of the application. Respectfully, 4amMmilller cc: Jeffrey A.Kroll,Kroll Residential, Inc. From: Wee Fam To: Alexis Bailev Cc: L Weason Subject: Re: NOTICE OF OPPOSITION—Subdivision Variance Application Date: Saturday,August 1,2026 8:00:02 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Applicant: Kroll Residential, Inc. Property Owner: Paula G Gibson Property Address: 2540 Entrada Drive GPIN: 2414719703 Accela Record: 2026-PCCC-00083 Staff Planner: Alexis Bailey Dear Members of the Planning Commission, I am writing to formally state my strong opposition to the subdivision variance requested under Section 4.4(b) of the Subdivision Regulations for the lot width requirement at 2540 Entrada Drive. As a resident of Lago Mar and the Events Chair for the Lago Mar Civic League, I take great pride in the character, architectural standards, and neighborhood integrity of our community. The established lot dimensions and width requirements in Lago Mar serve a clear purpose: to maintain the spacious, cohesive design that defines our neighborhood and preserves local property values. Granting a variance to bypass these fundamental lot-width standards effectively subdivides a single lot, degrading surrounding aesthetic standards and risking the devaluation of adjacent properties. The lot width requirements are a key zoning protection for existing homeowners, not a barrier to be set aside for individual convenience or financial gain. If the current property owner is seeking additional income, the proper course of action is to sell the property as currently platted and purchase elsewhere, rather than seeking an exception to regulations designed to protect the rest of the neighborhood. If the board allows this variance, it sets a concerning precedent for our entire community. If established zoning regulations can simply be set aside here, where do you draw the line in changing the rules for future requests? Approving this application undermines the long-term planning guidelines that protect all Virginia Beach neighborhoods. I strongly urge the Planning Commission to uphold the subdivision standards and deny application 2026-PCCC-00083 at the upcoming hearing on August 12, 2026. Thank you for your time and consideration of the community's interests. Sincerely, Mrs. Laneisha Weason Events Chair, Lago Mar Civic League Lago Mar Resident (949 Morado Ct) United States Navy, Retired CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BH FARMHOUSE, LLC [Applicant] THE FARMHOUSE LLC [Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) and Conditional Rezoning (Conditional B-2 Community Business District to Conditional B-4 Mixed-Use District) for the property located at 1805 Kempsville Road (GPIN 1455922961). COUNCIL DISTRICT 7 (Jackson- Green) MEETING DATE: September 15, 2026 (Deferred at the August 11, 2026 CC Hearing) ■ Background: The applicant is seeking to rezone an 8.53-acre parcel at 1805 Kempsville Road from Conditional B-2 Community Business District to Conditional B-4 Mixed-Use District and a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width to develop the site with a 251-unit multi-family development with commercial space. The property currently contains a historic farmhouse and is developed with a brewery and a coffee shop. The proposed development would result in a density of 29.42 units per acre and consist of two four-story apartment buildings, six detached garages, and the preservation of the existing historic farmhouse for commercial purposes. The proposed buildings will vary in size, with the tallest building having a maximum height of 55 feet, 6 inches. Residential amenities include a community courtyard, as well as an outdoor amenity space with a potential dog park. Landscaping plans include enhanced streetscape plantings, parking lot and foundation landscaping, and a 15-foot-wide landscaped buffer with a privacy fence along the northern and western property lines adjacent to the residential properties to the north and west of the site. Additional site improvements include an 11-foot-wide multi-use trail along the Kempsville Road frontage, as recommended by the Active Transportation Plan. The Zoning Ordinance considers the front yard to be the narrowest part of the yard by which legal access to an abutting street is available. So, although access to the site will be from Kempsville Road, Luck Lane would be considered the legal lot frontage, and a 35-foot front yard setback is required. The 200-foot minimum lot width and 160-foot street line frontage would also be measured along Luck Lane. As such, the applicant is requesting three deviations to allow a 15-foot setback from Luck Lane, a minimum lot width of 50.26 feet, and a minimum street line frontage of 50.26 feet. Due to the site's location within the Centerville Strategic Growth Area, the applicant opted to utilize the reduced setbacks permitted by BH Farmhouse, LLC Page 2 of 6 Section 283 of the Zoning Ordinance, providing a 10-foot setback from Kempsville Road. A parking study was submitted and approved by the Zoning Administrator. While a development of this size would require 463 parking spaces, the study supports that the proposed 388 spaces will adequately serve the development's needs. Additionally, 12 bicycle parking spaces are required and provided on-site. ■ Considerations: Staff and Planning Commission recommend approval of the applicant's request to rezone the property from Conditional B-2 Community Business District to Conditional B-4 Mixed-Use District and obtain a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width for a 251-unit multi-family development with a commercial space in an existing historic farmhouse. The proposal is consistent with the Comprehensive Plan and Centerville Strategic Growth Area objectives, which encourage a mix of uses and the incorporation of diverse housing options currently underserved in the market. The mixed-use redevelopment proposal includes the adaptive reuse of the existing farmhouse and will devote seven percent of the proposed units to households earning at or below 100 percent of the Area Median Income (AMI) for a period of 10 years, as noted in Proffer 11. The development includes thoughtfully designed buildings and provides extensive landscaping and buffering to minimize impacts on neighboring properties. Staff and the Planning Commission find the project supports multimodal transportation goals through the addition of a multi-use trail, sidewalks, internal pedestrian connections, and bicycle parking. School, fire, and infrastructure reviews identified no significant concerns. There was discussion at the Planning Commission hearing between the applicant and the Commission related to a potential need for a crosswalk and pedestrian signal connecting the subject site with the Kempsville Crossing Shopping Center located on the south side of Kempsville Road. The applicant indicated they were willing to explore the need for such improvements with city staff between Planning Commission and City Council and revise the proffers accordingly. The applicant has continued to coordinate with City staff and has offered Proffer 12 to address this matter. Staff and the Planning Commission were amenable to the requested deviations to the front yard setback, lot width, and street line frontage, noting that although by definition the Luck Lane frontage would be considered the front yard, the development is oriented towards and accessed from Kempsville Road, which exceeds the Zoning Ordinance requirements. Staff received seven letters of support and five letters of opposition regarding the application. At the Planning Commission hearing, three speakers expressed support for the project, citing the project's aesthetics and economic benefits and the positive reputation of the developer. One speaker spoke in concern, and six BH Farmhouse, LLC Page 3 of 6 speakers spoke in opposition, raising concerns about environmental impacts, increased traffic, impacts on schools, and impacts on the surrounding residences. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. Subdivision Variance 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "SUBDIVISION VARIANCE EXHIBIT OF 8.513 FRONTING ON KEMPSVILLE ROAD FOR BONAVENTURE", prepared by Timmons Group, dated 06/16/2026, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning & Community Development. 2. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Conditional Rezoning Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "ATTAIN AT FARMHOUSE — CONCEPTUAL SITE PLAN", dated March 30, 2026, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 2 When developed, the quality of architectural design and materials of the buildings constructed on the Property shall be in substantial conformity with the four (4) sheets of exhibits entitled "Farmhouse Apartments Elevations", dated May 15, 2026 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. BH Farmhouse, LLC Page 4 of 6 Proffer 3 When developed, the landscaping installed on the Property shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "ATTAIN AT FARMHOUSE—CONCEPTUAL PLANTING PLAN", and dated March 30, 2026 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred fifty-one (251). Proffer 5 The community identification sign(s) located on the Property shall be monument- style, shall not exceed eight (8) feet in height, and the design and the materials used for such sign(s) shall be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6 A solid six (6) foot tall wooden fence shall be provided along the boundaries of the Property that directly abut residentially zoned properties. Proffer 7 To the extent the property boundary fronting Luck Lane is considered a front yard, the minimum setback along such property boundary shall be fifteen feet (15') in lieu of thirty-five feet (35') required under Section 902 of the Zoning Ordinance. Proffer 8 Upon and after the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property (as shown on the approved site plan for the development of the Property), meeting/conference space within the existing farmhouse building located on the Property (as shown on the Concept Plan) will be made available during reasonable hours on a by-reservation basis for use by registered or incorporated charitable or non-profit neighborhood, community, civic or service associations or organizations, subject to reasonable rules and access limitations imposed by the owner of the Property to avoid unreasonable disturbances to the occupants of the Property, to maintain compliance with applicable codes, and to ensure the safety and security of tenants and guests. Proffer 9 The minimum setback along Kempsville Road shall be ten feet (10') in lieu of the fifteen feet (15') required under Section 283 of the Zoning Ordinance. BH Farmhouse, LLC Page 5 of 6 Proffer 10 During the site plan review process, the developer of any new building on the Property shall identify how existing trees along the periphery of the Property will be saved and how such trees will be protected during the construction process. Proffer 11 For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property (the "Expiration Date"), seven percent(7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach-Norfolk- Newport News, VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjusted for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date, this Proffer #6 #11 shall automatically terminate and be of no further force or effect. Proffer 12 BH shall make a one-time contribution to the City of Virginia Beach in the amount of Six-Hundred Thousand Dollars ($600,000.00) (the "Contribution") toward pedestrian signalization along Kempsville Road, which Contribution is intended to offset potential impacts arising from the development of the Property for multifamily residential uses. The Contribution shall be made within thirty (30) days after the later to occur of (a) the date that is one-hundred twenty (120) days after the issuance of the first building permit for improvements on the Property, or (b) delivery of written notice to the mailing address of the owner of the Property that is on file with the office of the City Real Estate Tax Assessor that applicable public facilities. toward which the Contribution is to be utilized have been included in the City Capital Improvement Program. If item (b), above, has not occurred prior to the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property (based upon the number of units included on the site plan approved by the City of Virginia Beach), then this Proffer#12 shall terminate and be of no further effect. Whatever portion of the Contribution has not been utilized by the City in accordance with this Proffer within five (5) years after the date the Contribution is deposited with the City shall be returned to BH. Proffer 13 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and BH Farmhouse, LLC Page 6 of 6 administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Support (7) Letters of Opposition (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 1 City Manager: Agenda A•• BH Farmhouse, Property • Farmhouse Planning Commission • • 1 • Council • Project Details Requests West Subdivision Variance (Section 4.4(b) of the Luck Lane Subdivision Regulations for lot width) Single-family dwelling/R-5D Residential Conditional Rezoning (Conditional B-2 Community Business District to Conditional B-4 Mixed Use District) ¢ R° e°titiy�py °J~�qt< °ys Staff Recommendation P a ac Approval Staff Planner Marchelle Coleman o3e ° ems° Po Location �ti�� DSOR N ri v � y 1805 Kempsville Road 4P1AF,R S °e o GPIN ,F4' CO SCho0� LINC rO �2 WMGAIE 1455922961 yOosEao site size KEYS.,,_, °pP 8.53 acres F ti AICUZ , �LLEEN CT Less than 65 dB DNL �yag3. Watershed Southern Rivers Existing Land Use and Zoning District Brewery, Coffee Shop/ B-2 Community Business Surrounding Land Uses and Zoning Districts North Single-family dwellings/R-51) Residential { Southx,. Church/ B-2 Community Business East Kempsville Road Single-family dwelling, mixed commercial / R-7.5 Residential, B-2 Community Business BH Farmhouse, LLC Agenda Items 6 & 7 page 1 of 33 Background SummaryofProposal • The applicant is requesting a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width and a Conditional Rezoning from Conditional B-2 Community Business District to Conditional B-4 Mixed Use District to develop the site with a 251-unit multi-family development with a commercial space, resulting in an overall density of 29.42 units per acre. • The 8.53-acre site is currently developed with a brewery and a historic farmhouse containing a coffee shop and lies within the Centerville Strategic Growth Area (SGA). • The proposed redevelopment includes two 4-story multi-family residential buildings, six detached garage structures, and the preservation and adaptive reuse of the existing 2,610 square foot farmhouse for commercial purposes. • A community courtyard and amenity area is proposed, as well as an outdoor amenity space with a potential dog park for residents and guests to enjoy. • The proposed buildings will vary in size; however, the tallest building will have a maximum height of 55 feet, 6 inches. The buildings will incorporate high-quality exterior materials, including cementitious panels and lap siding, brick veneer, vinyl windows, standing-seam metal roofing, and architectural shingles, all with a neutral color palette. • In accordance with the provisions of Section 283 of the Zoning Ordinance, which permit reduced setbacks from properties within a Strategic Growth Area subject to certain design criteria, the project will incorporate a 10-foot front yard setback along Kempsville Road. This reduced setback promotes the more urban character envisioned within the SGAs. • While access to the site will be from Kempsville Road, since the Ordinance considers the front yard to be the narrowest part of the yard by which legal access to an abutting street is available, Luck Lane would be considered the legal lot frontage from which a 35-foot front yard setback is required. Since the proposed concept plan includes a 15-foot setback from Luck Lane, a deviation is required in accordance with Section 107(i) of the Zoning Ordinance. • As depicted on the conceptual landscape plan, the applicant proposes foundation plantings along Kempsville Road and interior parking lot landscaping in accordance with ordinance requirements.The plan also provides the required 15-foot-wide buffer with Category IV landscape screening along the northern and western property lines adjacent to residential properties. Based on the conceptual plan, the proposed landscaping appears to satisfy the applicable Zoning Ordinance standards; however, a comprehensive review of all planting and screening requirements will be conducted during final site plan review. • Right-of-way improvements are proposed in accordance with the proffered conceptual plans and include a right-of-way dedication and an 11-foot-wide multi-use trail along Kempsville Road, as recommended by the City's Active Transportation Plan. R BH Farmhouse, LLC Agenda Items 6 & 7 page 2 of 33 • Two freestanding monument-style signs are proposed along Kempsville Road. In accordance with Proffer 5, the signs shall not exceed eight (8) feet in height and shall be designed using materials that are compatible with the architecture and building materials of the multi-family residential buildings. • 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. Although a development of this size would typically require 463 parking spaces, the study supports that the proposed 388 spaces will adequately serve the development's needs. Additionally, 12 bicycle parking spaces are required and will be provided on-site. The Parking Study Determination Letter can be found on pages 23 and 24 of this report. • A Subdivision Variance is requested for the deficiency in lot width and street line frontage, as the proposed lot will be deficient in both lot width and street line frontage along Luck Lane. As previously mentioned, the Zoning Ordinance measures lot width along the narrowest frontage from which legal access is available. Required Proposed Required Minimum Proposed Minimum Lot Lot • Frontage widthFrontage Proposed lot 200 50.26* 160 -7 50.26* *Variance Requested • A Phase I Environmental Site Assessment was provided by AEI Consultants, dated March 23, 2026. The Phase I Environmental Site Assessment revealed that there is no evidence of Recognized Environmental Conditions (REC), Controlled Recognized Environmental Condition (CREC), or Historical Recognized Environmental Conditions for the subject site. Based upon the results of the investigation, AEI Consultants recommends no further action be taken with respect to the environmental integrity of the subject property at this time. • A Traffic Impact Study(TIS), prepared by Timmons Group dated May 2026, was provided to Staff for review. More details regarding the review of this analysis can be found in the evaluation section of this report. BH Farmhouse, LLC Agenda Items 6 & 7 page 3 of 33 Zoning • # RequestSDd CUP (Car Wash Facility)Approved { ' t' R5D ` ' R6D JJG� 09/05/2023 R5D MDC Approved 09/05/2023 � Ft5D CUP (Expansion of Religious Use) Approved 1 03/26/2002 CUP (Parking Lot Expansion) Approved ' 09/28/1999 n B2f2 CUP(Religious Use)Approved 01/11/1988 132 �,Q� \ `R?.5 CUP (Tattoo Parlor) Approved 12/06/2022 2 CUP (Indoor/Outdoor Recreation Facility) Approved 02/05/2019 A CUP (Bingo Hall) Approved 09/23/2008 A24 �`� B2 r CRZ(0-2 to Conditional B-2) Approved `3 06/08/2016 CUP(Craft Brewery, Assembly Use, Open-Air Market) Approved 06/08/2016 CRZ(B-2 to Conditional A-12) Approved 4 07/01/2003 MDC Ap proved CUP(Borrow Pit) Approved 02/23/1993 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT,Alternative Compliance Evaluation • • • The proposed Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width and street line frontage as well as the Conditional Rezoning from B-2 Community Business District to Conditional B-4 Mixed- Use District to develop the site with a mixed-use development consisting of 251 residential units and a commercial space is, in Staff's opinion, acceptable.The site is located in the Centerville Strategic Growth Area. The vision for the Centerville SGA is to become an education-oriented master-planned community, which capitalizes on the regional access and visibility provided by 1-64, and the existing institutional anchors of CBN and Regent University. The Plan envisions a mixed-use central village with connected trails to campus life, diverse neighborhoods, office, retail, open space, and other land use policies and principles that seek to incorporate, mix ran integration of residential and retail uses. BH Farmhouse, LLC Agenda Items 6 & 7 page 4 of 33 The Centerville SGA Master Plan recognizes the demand for a broad diversity of housing options currently underserved in the market, to include a variety of residential housing types and price points, including workforce housing, to create a vibrant, inclusive, and economically diverse community. The proposed development advances these objectives by introducing a multi-family residential community while preserving and adaptively reusing the existing farmhouse for potential commercial use. The requested 13- 4 zoning district provides flexibility for a mix of residential and commercial uses, supporting the mixed-use character envisioned by the SGA Master Plan. Furthermore, the applicant has proffered that seven percent (7%) of the dwelling units will be reserved for households earning at or below 100 percent of the Area Median Income, thereby contributing to the Master Plan's goal of increasing workforce housing opportunities and broadening the range of housing choices available within the Centerville area. The proposed site design also reflects the development patterns encouraged by the SGA Master Plan. The plan emphasizes building placement that frames primary streets and minimizes the visual impact of surface parking areas. Consistent with these recommendations, one of the proposed residential buildings is positioned along the Kempsville Road frontage, creating a stronger street presence and helping to define the corridor. Parking areas are generally located within the interior of the site, reducing their visibility from public rights-of-way and enhancing the overall appearance of the development. Collectively, these design elements support the Master Plan's vision for a more walkable, attractive, and mixed-use development pattern within the Centerville SGA. The property is located within the Centerville Strategic Growth Area (SGA), where the applicant aims to promote a pedestrian- and cyclist-friendly environment. This includes providing direct pedestrian access to the to the development, enhancing walkability and connectivity.The applicant proposes setbacks that differ from the standard B-4 Mixed Use District zoning requirements to better reflect the district's intended pedestrian- oriented character by positioning the building closer to the street. The applicant is proposing a 10-foot setback along Kempsville Road, utilizing the optional street setbacks permitted within the Strategic Growth Areas (SGAs), approved administratively under Section 283 of the Zoning Ordinance, subject to the standards found in Section 283(c). Within the Centerville SGA, mixed-use developments are permitted a reduced setback of 10 feet along arterial streets and 5 feet along other streets through administrative approval. Additionally,the applicant is requesting a deviation from the dimensional requirements of the B-4 Mixed Use District to permit a 15-foot setback, in lieu of the required 35-foot front yard setback, along Luck Lane. Although Luck Lane is designated as the front property line for zoning purposes, the development is oriented toward and will be primarily accessed from Kempsville Road. Accordingly, the applicant seeks approval of the reduced setback pursuant to Section 107(i) of the Zoning Ordinance. Section 107(i) authorizes the City Council to approve deviations from applicable dimensional requirements when good cause is demonstrated and no significant adverse impact on surrounding properties is anticipated. Staff supports the requested deviation, as the reduced setback reflects the unique site configuration and functional orientation of the development. While Luck Lane is considered the front yard under the Ordinance, the building's principal frontage, access, and design focus are directed toward Kempsville Road. Furthermore, the proposed setback reduction does not adversely affect adjacent properties or the public realm and allows for a more cohesive site layout that supports the overall development plan. Accordingly, staff finds that good BH Farmhouse, LLC Agenda Items 6 & 7 page 5 of 33 cause has been demonstrated and that the requested deviation can be supported without resulting in significant adverse impacts to neighboring properties or the surrounding area. 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. Section 203(b)(11) allows the Zoning Administrator to reduce the parking requirement when a "substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle." As required, the Zoning Administrator determined that while 463 spaces are typically required for the proposed uses on the site, the final parking reduction to the minimum number of required parking spaces from 463 to 388 spaces is justified. The Zoning Administrator supports the requested parking reduction from 463 required parking spaces to 388 spaces based on the unique characteristics of the site, its location, and the findings of the submitted parking study.The site is well-positioned to support multimodal transportation and reduced reliance on personal vehicles. Sidewalks are provided along Dylan Drive, Myers Drive, Centerville Turnpike, and Kempsville Road, creating a connected pedestrian network throughout the surrounding area. The property is further linked by existing sidewalks, crosswalks, and pedestrian signals to a variety of nearby destinations that commonly generate pedestrian activity, including Tallwood High School, Brandon Middle School, Crossway Church, and numerous retail and service establishments such as restaurants, grocery stores, pharmacies, medical offices, and convenience stores.The site's proximity to a diverse mix of uses also supports reduced parking demand. Retail services are located within one-quarter mile of the development, encouraging residents to walk or bicycle to nearby destinations.To further support alternative modes of transportation, the development includes 12 bicycle parking spaces. In addition, the project incorporates a mix of residential and retail uses on the same site, creating opportunities for shared parking and varying peak parking demands throughout the day.The property also benefits from immediate access to public transit, with a Hampton Roads Transit (HRT) bus stop located adjacent to the site that provides regular service throughout the day. Based on these factors, the Zoning Administrator determined that 388 parking spaces will adequately accommodate the anticipated parking demand generated by the proposed 251 multi-family dwelling units and 2,610 square feet of retail space. The approved parking reduction is specific to the uses proposed under this application and would be subject to reevaluation should the site be redeveloped or repurposed in the future. More detailed information can be found in the parking study determination letter provided on pages 22 and 23 of this report. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the acceptable threshold for increases in student population. Based on this, the proposal is not expected to negatively impact the current student enrollment. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office, and no concerns were raised with the proposed layout or circulation. Further review will be conducted during the final site plan review process. Traffic Engineering reviewed and approved the Traffic Impact Study (TIS) for the proposed Attain at Farmhouse development, dated May 26, 2026, including its conclusions and recommended roadway improvements. As part of the proposed improvements, the applicant will construct two outbound lanes at the full-access point on Kempsville Road and has also proposed right-turn lanes at both site access locations. Final geometric design details for the right-turn lanes will be coordinated with Traffic Engineering during the site plan submittal BH Farmhouse, LLC Agenda Items 6 & 7 page 6 of 33 process. It is estimated that the proposed development, consisting of 251 multi-family dwelling units and approximately 2,600 square feet of commercial retail space, will generate approximately 1,676 average daily trips (ADT). This is lower than the estimated 1,892 ADT that could be generated under the property's existing B-2 zoning at 40 percent site coverage. As recommended by Staff, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy to serve the development.The DSC has reviewed the preliminary drainage study and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized, whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff supports the requested variance to the lot width and street line frontage requirements and finds that the request satisfies the criteria set forth in Section 9.3 of the Subdivision Regulations. In the B-4 Mixed-Use District, a minimum lot width of 200 feet and a minimum street line frontage of 160 feet are required.The proposed lot will provide approximately 50 feet of lot width. These deficiencies are attributable to the unique configuration of the property and the manner in which lot width is measured under the Zoning Ordinance, which requires measurement along the shorter frontage on Luck Lane even though no vehicular access is proposed from that street. Staff finds that strict application of the Subdivision Regulations would create an undue hardship due to the physical characteristics of the property and the zoning district requirements applicable to the site. The hardship is not self-created, but rather results from the property's configuration and the fact that Luck Lane terminates along the sites northern boundary. Although the proposed lot does not meet the minimum frontage and width requirements along Luck Lane, the site will derive access exclusively from Kempsville Road, where the property has approximately 670 feet of frontage. As a result, the functional access, visibility, and development potential of the property will not be compromised by the requested variance. BH Farmhouse,�LLC Agenda Items 6 & 7 page 7 of 33 Furthermore, staff finds that the variance will not be detrimental to adjacent properties or adversely affect the character of the surrounding area.The requested relief is limited in scope and does not alter the proposed use, access arrangements, or development pattern of the site. Given the property's substantial frontage along Kempsville Road and the absence of access from Luck Lane, the lot will function similarly to other conforming commercial properties in the area. Staff also finds that the circumstances giving rise to the request are specific to this property and are not of such a recurring nature as to warrant an amendment to the Subdivision Regulations. Accordingly, staff concludes that the variance is consistent with the intent of the ordinance and supports approval of the request. Based on the considerations above, Staff recommends approval of this request, subject to the proffers and conditions listed below. Recommended Conditions for Subdivision Variance 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "SUBDIVISION VARIANCE EXHIBIT OF 8.513 FRONTING ON KEMPSVILLE ROAD FOR BONAVENTURE", prepared by Timmons Group, dated 06/16/2026, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning & Community Development. 2. 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. BH Farmhouse, LLC Agenda Items 6 & 7 page 8 of 33 The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "ATTAIN AT FARMHOUSE — CONCEPTUAL SITE PLAN", dated March 30, 2026, and prepared by Timmons Group (the "Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer When developed, the quality of architectural design and materials of the buildings constructed on the Property shall be in substantial conformity with the four (4) sheets of exhibits entitled "Farmhouse Apartments Elevations", dated May 15, 2026(the "Elevations"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer When developed, the landscaping installed on the Property shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "ATTAIN AT FARMHOUSE—CONCEPTUAL PLANTING PLAN", and dated March 30, 2026 (the "Landscape Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred fifty-one (251). Proffer The community identification sign(s) located on the Property shall be monument-style, shall not exceed eight (8) feet in height, and the design and the materials used for such sign(s) shall be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6 A solid six (6) foot tall wooden fence shall be provided along the boundaries of the Property that directly abut residentially zoned properties. BH Farmhouse, LLC Agenda Items 6 & 7 page 9 of 33 Proffer 7 To the extent the property boundary fronting Luck Lane is considered a front yard, the minimum setback along such property boundary shall be fifteen feet (15') in lieu of thirty-five feet (35') required under Section 902 of the Zoning Ordinance. Proffer 8 Upon and after the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property (as shown on the approved site plan for the development of the Property), meeting/conference space within the existing farmhouse building located on the Property (as shown on the Concept Plan) will be made available during reasonable hours on a by-reservation basis for use by registered or incorporated charitable or non-profit neighborhood, community, civic or service associations or organizations, subject to reasonable rules and access limitations imposed by the owner of the Property to avoid unreasonable disturbances to the occupants of the Property, to maintain compliance with applicable codes, and to ensure the safety and security of tenants and guests. Proffer The minimum setback along Kempsville Road shall be ten feet(10') in lieu of the fifteen feet(15') required under Section 283 of the Zoning Ordinance. Proffer 10 During the site plan review process, the developer of any new building on the Property shall identify how existing trees along the periphery of the Property will be saved and how such trees will be protected during the construction process. Proffer 11 For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property (the "Expiration Date"), seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent(100%)of Area Median Income for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area,as determined by the United States Department of Housing and Urban Development ("AMI"), adjusted for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date, this Proffer #11 shall automatically terminate and be of no further force or effect. Proffer 12 BH shall make a one-time contribution to the City of Virginia Beach in the amount of Six-Hundred Thousand Dollars ($600,000.00) (the "Contribution") toward pedestrian signalization along Kempsville Road which Contribution is intended to offset potential impacts arising from the development of the Property for multifamily residential uses. The Contribution shall be made within thirty(30) days after the later to occur of (a) the date that is one-hundred twenty(120) days after the issuance of the first building permit for improvements on the Property, or(b) delivery of written notice to the mailing address of the owner of the Property that is on file with the office of the City Real Estate Tax Assessor that applicable public facilities BH Farmhouse, LLC Agenda Items 6 & 7 page 10 of 33 toward which the Contribution is to be utilized have been included in the City Capital Improvement Program If item (b), above, has not occurred prior to the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property(based upon the number of units included on the site plan approved by the City of Virginia Beach), then this Proffer#12 shall terminate and be of no further effect. Whatever portion of the Contribution has not been utilized by the City in accordance with this Proffer within five (S) years after the date the Contribution is deposited with the City shall be returned to BH. Proffer 13 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information The Comprehensive Plan designates the subject property as being located within the Centerville Strategic Growth Area (SGA), which the Comprehensive Plan designates as one of the eight urban areas in the City that is envisioned to accommodate future growth and adopt a more urban style in the City. The vision for the Centerville SGA is to become an education-oriented master-planned community, which capitalizes on the regional access and visibility provided by 1-64, and the existing institutional anchors of CBN and Regent University.The Plan envisions a mixed-use central village with connected trails to campus life, diverse neighborhoods, office, retail, and open space." (p. 1-21, Comprehensive Plan 2016 Policy Document). Other land use policies and principles seek to incorporate a mix of residential and retail uses (p. 1-22, Comprehensive Plan 2016 Policy Document, and regenerate existing development areas to capitalize on existing public infrastructure investments (p. 14, Centerville SGA Master Plan). The design policies and principles encourage the following: Buildings to be located close to the pedestrian street with off- street parking behind or beside buildings. (p. B-1), Wherever possible,join parking areas to create an internal circulation network. Minimize or eliminate curb cuts by sharing vehicular access with adjacent properties and or utilizing alleys for access." (p. B-1), Parking areas should not dominate the frontage of streets. Off-street parking areas should be located behind buildings or in the interior of a block whenever possible. Shared parking is strongly encouraged between adjacent or vertically mixed uses whose peak demand is offset from each other." (p. B-1), Fences are recommended only where complementary to the building design. Discourage the use of stockade or chain link fence where visible from any public street. Design sensitive to the surrounding built and natural conditions. Adjacent buildings should relate in similarity of scale, height, and configuration. (p. B-3) ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. There are no known historical or cultural resources that will be affected by this project. BH Farmhouse, LLC Agenda Items 6 & 7 page 11 of 33 Traffic impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-No trip generation data Kempsville Road 27,760 ADT' 32,700 ADT 1(LOS 4 "D") Existing Zoning—1,892 ADT based on B-2 Zoning at 40% coverage Proposed Land Use 3-1,676 ADT 1 Average Daily Trips 2As defined a brewery 'As defined by 251 4LOS = Level of and coffee shop multi-family housing Service units and 2,600 SF of commercial retail Master Transportation Plan(MTP)and CapitalImprovement Program(CIP) Kempsville Road is a four-lane divided major arterial roadway. There are currently no CIP projects scheduled for this section of Kempsville Road. Active Transportation Plan(ATP) The Active Transportation Plan calls for a multi-use path with a minimum width of 11 feet. Public Water There is an existing 8-inch city water main within Lock Lane, and an 8-inch city water service line with a plug along Kempsville Road. There are two existing 20-inch city transmission mains within Kempsville Road. The site currently connects to city water. The existing 1.S-inch domestic meter and the existing fire meter can be used or upgraded with this development. Sewer There is an existing 8-inch city sanitary sewer gravity main along Lock Lane, and an existing 24-inch HRSD sanitary sewer force main along Kempsville Road. The site currently connects to city sewer. Sanitary sewer pump station #454 has capacity to accommodate the proposed 251-unit multifamily residential development, however upgrades to multiple downstream gravity sanitary sewer main segments are expected to be necessary. BH Farmhouse, LLC Agenda Items 6 & 7 page 12 of 33 Stormwater • Project Stormwater Design Staff Summary Stormwater for the site is currently managed through existing underground detention chambers, an extended detention basin, and filtering manufactured treatment devices. The project will account for the removal of the existing stormwater management facilities in the proposed stormwater management design, with additional underground detention stormwater management facilities and manufactured treatment devices designed to address water quantity and water quality. The existing public storm sewer that runs through the site and collects off-site drainage from Luck Lane will be rerouted around the proposed buildings and will include a public drainage easement sized in accordance with the Public Works Design Standards Manual. Based on the information provided by Timmons Group in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 8.53 acres Pre-Development impervious area: 2.2 acres Post-Development impervious area: 5.7 acres Stormwater Management Facility Design Information Type of facility proposed: Underground Detention Description of outfall: Stormwater runoff from the site that enters the Stormwater Management Facility will discharge into the existing storm sewer system along Kempsville Road. Downstream conveyance path:This site is part of the Upper North Landing River Drainage Basin. Drainage from this site drains southeast across Kempsville Road, through a system of canals that ultimately drain into Stumpy Lake then into the North Landing River. The North Landing River ultimately drains through the Currituck Sound and into the Atlantic Ocean. BH Farmhouse, LLC Agenda Items 6 & 7 page 13 of 33 School • . School Current Enrollment Capacity Generation' Change2 Tallwood Elementary 585 students 616 students 27 students 27 students Brandon Middle 1,030 students 1,030 students 11 students 11 students Tallwood High 1,812 students 1,825 students 15 students 15 students 1 "Generation" represents the number of students the development will add to the school. 2 "Change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public • • Planning Commission • The applicant conducted extensive community outreach prior to the submission of the application and throughout the review process. In mid-March 2026, notice of a community meeting was mailed to adjacent residential property owners, followed by an initial public meeting held at Tallwood High School on March 23, 2026. Additional meetings were conducted with community stakeholders, including the leadership of the Brigadoon Civic League, the Charlestowne Area Civic League, Charlestowne Lakes South, Brandon, and Alexandria neighborhood organizations, as well as the Alexandria Neighborhood Civic Association. The applicant also met with representatives of the Kempsville Athletic Association on multiple occasions and engaged with leadership from Crossway Church. In addition to neighborhood outreach, the applicant met with the ownership of Kempsville Crossing Shopping Center, which subsequently submitted a letter in support of the proposal.To facilitate ongoing communication, the applicant created a project website in May 2026 and provided the web address to nearby civic league and neighborhood organization leaders. Following community feedback received during the initial outreach efforts, the applicant held a follow-up meeting on May 19, 2026, to present revisions made to the proposal and discuss the modifications with adjacent property owners and previous meeting participants.These outreach efforts provided multiple opportunities for community members and stakeholders to learn about the project, ask questions, and provide input throughout the development of the application. • As of June 29, 2026, staff has received 5 letters of opposition expressing concerns regarding potential school overcrowding, increased traffic congestion, public safety, the proposed development's compatibility with the character and scale of the surrounding neighborhood, and privacy impacts on adjacent single-family residential properties. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. BH Farmhouse, LLC Agenda Items 6 & 7 page 14 of 33 • 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, September 1, 2026 and September 8, 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 31, 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 September 11, 2026. BH Farmhouse, LLC Agenda Items 6 & 7 page 15 of 33 CURVE rAKE • =7 TIi ZZ1. T-1 T I-r II i 7-, ji .......................... 1.4 'A A ri CL -ul T'T'M- 1 F I-L -J I F1 ---------- Vf SUBDIVISION VARIANCE EXHIBIT 8.s13ArJWS FRONTING ON ------- ---- —Y---Vl_ KFWP,'I'IIIE ROAD FOR (D BONAVENTURE = -n a7YOMAMMMAOtYlR MA 0- Ill3 Cl-�XdbV:E5P =r 0 3 a (" 0 C-) +1 Lu w DEVELOPMENT CALCULATIONS G%N: 1A55922%"QKD : � • SRE DATA OTFI AREA 8.5•:-AC 1 0TAI E0KPK, 0.2 R nO r�7ONW- C NA D �' L 4 IN D R I V E •oIAL—TS 251 MA1OM1)M "ANION.SWAMA'P. w 1 AMRrkREMS R.Sp Z j 11Foot SPACES rOR rRT50 UNrt5,ONE ANo T-Rr[O3ART 113p)BRACE FOR EA[R Ad]ITKNIAL.Un? Q i 3DlMNix1- 1405PACk5*QuNRI) f Mt WIsxI. 312 SMCk5 Rl411IREU RETA CATEGORY IV PARKING GARAGE,TYP • I SPACFJ 250 SF RFOUIRFI BUFFER Y 2,619i250. II5ACFS R WWr, (15') O G 11 STORY)MIMMUMSPACEZ REOUNED R63 SPACES MIMM S WES PRO D 3M SPACES N BIKE PARIOrI@ NP IS}NC2.r SPACES RFoURro rCA nR5T 25 PARKw sM m,ONr )]ICVCir SPAa rD1ADDITK"MA1 M PARKPK SPACES 90570Tµ SPACES 2a.—G_1 SPACES.S-k SYAfES . 3R! nG BRACES•f B SPACES Ak 12 BIKE SPACES REDtMD K 12 BIKE SPACES PROVIDED a . SITE EAVER ` - EXISTING FARMHOUSE,TO BE U EN AREA 3 5-l.AC -„ - le _4F�,ea P1YTnDEn eae.! — � w, I )tU (IIIt � UTILIZED FOR COMMERCIAL 115E AND =WT AMENITY OUTDOOR AMENITY AREA/POTENTIAL • DOG PARK BUILDING ENTRANCE -p LLI BUILDING ENTRANCE 8'SIDE YARD SETBACK %` y; > „ - COURTYARD ' '- !^ AMENITY AREA . d' 144 r 1 h+-e:11 R-5D R hPV) .. PROPOSED COMPACTOR 4 STORIES _- x�y LOCATION CATEGORY IV BUFFER(15') W i . � it MONUMENT SIGN,TYP. 4 STORIES MONUMENT SIGN,TYP 1J i J II wo- it'MULTI-USE PATH PROPOSED 1Q' FULL OVEMENT SETBACK BUILDING ENTRANCE \ PROPOSED ROW � \ ' ACCEMSS POINT . K E M S P V I L L E R O A D `PROPOSED LANE TAPER PROPOSED i *, RIGIITIN/RIGHTOUT ACCESS POINT; D R IANF ,.+. �.. 010 .A ryry E I III t Z) T1 ATTAIN AT FARMHOUSE ov rP � rD fD TIMMONS GROUP � CC�tdCCPTURLSITEPEFIPJ-I�^arch30,i���6 J N V) go O -n W r__ w � n N � x , • CONCEPT PLANT SCHEDULE D Y L A N D R I V E INTERIOR PARKING i BUFFER TREES • ..am.,rl>oc.a� 4. CATEGORY IV -" w" '^• BUFFER(15') r f,. SECONDARY BUFFER TREES v Mai oY p.Mbk.�n4 G.m/Satl..�wgroi. SCREENING SHRUBS f � t ftl dA FOUNDATIONPLANTING •i t >wary SIGNAGE FOUNDATION LA PNTING—w Lu r� xm nea a,..arw,e x,a e��r<'K..•ep.:er.an�u„ VA 6EACH AHOSCAPE PEONII.MENIS �— i � N ce U 9 Ll o V) CAF E(iORY IV } t BUFFER(15') W SCREENING SHRUBS ID I SIGNAGE FOUNDATION PANTING PLAN INGoN K E M P.....S...V I L L E R O A D i 2 / v ATTAIN AT FARMHOUSE ✓� !Zl _ 3 CONCFPTUAI._PLANTING PLAN-klirch 30,2C26 _ TIMMONS GROUP N TD _ I--1 3 c 00 N LA O m cD 1 Lu r w r) Farmhouse Apartments .. Elevations - VINYL AINOM MMMrrELrJft ShMES i ALUNMGIY RYUNCS CENENTOKIIS PANEL SIDING STANDING SEAM MIEN TUT LAP SIDING ROOF ' IrrBRICK VENEER 0 1) 01 _ N L : L! 2 Building 1 - Northwest Elevation SCALE:1137=1'-0' VOM"DOWS ARCHnimRAL SHNGLES AuIMrNUM RaLres CE11EM MA PANEL SIDING STANDING SEMI CELENTngUS LAP SIDING �t ROOM BRICK VENEER Ui - t t1. p.FI .ili F� G _ 1Eii Building 1 - Northeast Elevation SCALE:1132=1-T D W 00 = 3 T C y 05/15/2026 � 3 kD Lr LA w O fD Lu W �j � Farmhouse Apartments Elevations ARCHITECTURAL SHNGLES VWL ONDOWS CEMENTITIOUS PANEL SIDING ALUNIMIN RALJNCS CEMENTMOLIS LAP SIDING STANDING SEAM BRICK VENEER ROOFING o 0 7 7 � 4 Building 1 - Southeast Elevation SCALE:U37=r-D' VRM W14DOM ARCHITECTURAL SHINGLES ALUMINUM PALINGS CEMENTITIOUS PMEL SIDNG STANDING SEAM CEMENTITIOUS LAP SIDING ROOFNG BPoCIC VENEt72 o 4 - o r a,-7-j iTTI E E �H . - - 3 Building 1 - Southwest Elevation SCALE:113T'=1'-D' D W M = ru � T1 05/15/2026 Iv 3 c O L, v+ O_ M go r- W i- w -4 n Farmhouse Apartments = Elevations 4RCHITECTURd1 SHNGLES CENIEMITIOUS PANEL SIDING UNYL Yv1WOM CEMENTITIOUS LAP SIDING ALUMINUM R41UNGS � OC7(VENEER r 4 Building 2 - Southwest Elevation SCALE"u32=V4 3 Building 2 - SE Elevation Building 2 - NW Elevation 8CALE:1132'=1'-O 2 SCALE 1132"=1'0' AP,CHITECTUPAL SHNGLES NNYIL M'RDOWS CEMENTFIOUS PANEL SING ALUMINUM RauNcs CENENTITIOUS LAP SIONC STANOINC SEAM ROOFING BRICK VENEER q q ► :L_ C . I i n I 1-T .� 17 _ _ — _ D - = � 05/15/2026 Building 2- Northeast Elevation 0 �' s'ALE:1r32=1'-v h In Ll) O M (D W 90 r wvn`` Farmhouse Apartments Elevations Front Sides Rear 9 Trash Enclosure SCALE:1137=1'-0r /--CEMENTMOUS MRSCALE SIDING EMEMITIOUS FISWXAL am ARCH'RECTLIRAL SHOMM r-ARCHrTECrUR&SHNGLES PANEL SOW IrEMMMOUS PANEL SIDINC "RICK VENEER RICK VIIfER Building 4 SE Elevation Building 3 SE Elevation SCALE 1132=1'-Ir 43CALE:1137=V-Ir ullding 4 Building 4 Building 3 Building 3 7SW Elevation NE Elevation SW Elevation NE Elevation 8CALE:M?=V-(r 6 SCALE:1137=1'(r 3 SCALE:1137=V-O' 2 SCALE 1137 l-(r CEMEMRiOUS FISHSCALE SIDING OUS FISHSCALE SDOC SHINDIES EMEMRIOUS EL SIDING M11".EL SONG MCHTECTLFGL SHINGLE .I; [WICK VENEER EWA Z .'Aullding Elevation PIP in > Building 4 NW Elevation Building 3 NW Elevation =5 -n & 05/15/2026 5 SCALE:10"=l-(r CL SCALE:1137 I-(r 11) rD (D 0 N 3 c r,j to LA 0 M (D LU LU Parking StudyDetermination CITY OF PLANNING&COMMUNITY DEVELOPMENT y /tG' /y Zoning Administration 2403 Courthouse Drive,Building 3 BEACH Virginia Beach,VA 23456 DATE May 21,2026 TO Steve Schmidt,PE,PTOE,AICP I Timmons Group Ben Flood I Bonaventure FROM Hannah Sabo,Zoning Administrator SUBJECT Parking Reduction—Attain at Farmhouse Mr.Schmidt, This letter is in response to your request for an administrative parking reduction.According to section 203(b)(11)of the City Zoning Ordinance,the Zoning Administrator can reduce the number of required parking spaces if a substantial number of patrons are pedestrians or arrive by bicycle or alternative modes of transportation. The Attain at Farmhouse project includes 251 apartment units and 2,610 square feet of retail space.The parking study entitled,"Attain at Farmhouse Parking Analysis"and dated April 17,2026,has been submitted to the Zoning Office.Included in the document is ITE parking generation data and a site- specific parking study. Following review of the document,I have determined that the proposed reduction to 388 required parking spaces for the above referenced property is approved.The following factors were considered in approving this reduction in parking from 463 required spaces to 388 spaces. • Sidewalks are provided adjacent to the development,along Dylan Drive,Myers Drive,Centerville Turnpike,and Kempsville Road. • The site is connected by a network of existing sidewalks,crosswalks,and pedestrian signals to a number of uses that typically attract pedestrian activity. This includes Tallwood High School, Brandon Middle School,Crossway Church,and a wide variety of retail uses including restaurants,grocery stores,pharmacies,medical office buildings,and convenience stores. • The site is within a quarter of a mile from a variety of retail uses and 12 bike spaces have been provided on site. • The site includes co-location of retail and multifamily uses. • Immediately adjacent to the site is an HRT bus stop with routes servicing the area throughout the day. Based on the factors listed above,this site is approved to have a required 388 off-street parking spaces to accommodate 251 apartment units and 2,610 square feet of retail space.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 (757)385-4621 virginiabeach.gov/planning BH Farmhouse, LLC Agenda Items 6 & 7 page 23 of 33 Parking StudyDetermination May 21,2026 Attain at Farmhouse Page 2 of 2 Zoning Office for review.If I can be of further assistance,please give me a call at(757)385-8545 or email at HSaboPVBgov.com. Sincerely, Aly�� Hannah Sabo Zoning Administrator,City of Virginia Beach (757)385-4621 virginiabeach.gov/planni ng BH Farmhouse, LLC Agenda Items 6 & 7 page 24 of 33 Site Photos a. - �n�•�are.,:. i • p NI y` 3 Site Photos rr BH Farmhouse, LLC Agenda Items 6 & 7 page 26 of 33 Site Photos .�� . g M, - BH Farmhouse, LLC Agenda Items 6 & 7 page 27 of 33 Disclosure I CITY r .CDisclosure ■ V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application BH Farmhouse,LLC Is Applicant also the Owner of the subject property? Yeso No@ If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ NoO If yes,name Representative: Robert P. Beaman, III, Esq.-Troutman, Pepper&Locke LLP Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes No(F) if yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entit and/or individual Financing(mortgage,deeds of trust, O cross-collateralization,etc.) e Real Estate Broker/Agent/Realtor O 0 u Disclosure Statement I rev. M a y-2024 page 1 of 3 -BH Farmhouse, LLC Agenda Items 6 & 7 page 28 of 33 SECTIONDisclosure Statement - • DISCLOSURE continued I SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 e --------------------- Architect/Designer/Landscape O O Architect/land Planner Construction Contractor Engineer/Surveyor/Agent l ) O John Zaszewski-Timmons Group Legal Services Q O Robert P Beaman III-Troutman Pepper Locke LLP 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 b y�r c mittee in connection with this application. BH Farmhouse,LLC BY: 0�� o'2 S t?(C{ 71 xt f 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 thon 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or,control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 9/2/2026 Marchelle L. Colemant,'�Lo 9/2/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 BH Farmhouse, LLC Agenda Items 6 & 7 page 29 of 33 Disclosure Statement BH Farmhouse,LLC Applicant Disclosure List the names of all officers, directors, members, or trustees, and any businesses that have a parent-subsidiary or affiliated business entity relationship with the applicant. BH Farmhouse,LLC,a Virginia limited liability company 1. Managers of BH Farmhouse.LLC: a. BWF Manager,LLC 2. Members of BH Farmhouse,LLC: a. Attain Farmhouse Investors,LLC b. BPC Farmhouse,LLC C. The Farmhouse,LLC 3. Affiliated business entity: Bonaventure Property Company,LLC BH Farmhouse, LLC Agenda Items 6 & 7 page 30 of 33 Disclosure SECTION - s - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application The Farmhouse,LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes( No0 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiaryJ oraffiflated business entity'relationship with the applicant.(Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yeso NoQ if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No0 It yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary,) SERVICE YES NO SERVICE PROVIDER Name entity andfor indiv_i_dua! Financing(mortgage,deeds of trust, © O cross-coliateralization,etc. Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape TD O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 PROPERTY OWNER CERTIFICATION READ:l certify that all information contained in this Form is complete,true,and accurate, i understand that, upon receipt of notification that the application has been scheduled for public hearing,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 17 connection with this application. The Farmhouse,LLC �� BY:Shauna T. Firman and Sara W.Will A/ rI//III71?/11 ! 03/30/2026 Property Owner Name(Print) Property Owner Signpture Date Disclosure Statement I rev. May-2024 page 3 of 3 BH Farmhouse, LLC Agenda Items 6 & 7 page 31 of 33 Disclosure Statement The Farmhouse,LLC Property Owner Disclosure List the names of all officers, directors,members,or trustees,and any businesses that have a parent-subsidiary or affiliated business entity relationship with the applicant. The Farmhouse,LLC,a Virginia limited liability company 1. Managers of The Farmhouse.LLC; a. Sara W.Will b. Shauna T.Firman 2. Members of The Farmhouse,LLC: a. Sara W.Will b. Sara W.Will,as Trustee of the Sara W.Hewitt Nonexempt Trust C. J.Jeffrey'finkham and Rose Ann Coker,as Trustees of the W. Breckinridge Wood II Nonexempt Trust d. J.Jeffrey Tinkham and Rose Ann Coker,as Trustees of the A.Freeman Wood Nonexempt Trust e. Anne Freeman Brooks,as Trustee ofthe Wood Family'frust fbo William Breckinridge Wood 11 f. Anne Freeman Brooks,as Trustee for the Wood Family Trust fbo Anne Freeman Wood 3. Affiliated business entity:BH Farmhouse,LLC BH Farmhouse, LLC Agenda Items 6 & 7 page 32 of 33 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. BH Farmhouse, LLC Agenda Items 6 & 7 page 33 of 33 � Q t C. � �. '� ct' t `I R5D �\ . 2 ` R7.5 / R7.5 ton Q � ° \NDSOR Z SROAC44 LN x B2 ® site BH Farmhouse, LLG p zoning 1805 Kempsville Road W*I= Property Polygons s Feet 0 70 140 280 420 560 Map created by Planning Department on 7/14/2026 BH FARMHOUSE,LLC, a Virginia limited liability company THE FARMHOUSE,LLC,a Virginia limited liability, company PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT (this "Agreement") is made as of this 30"' day of March, 2026, by and between BH FARMHOUSE, LLC, a Virginia limited liability company ("BH", and to be indexed as grantor); THE FARMHOUSE, LLC, a Virginia limited liability company ("Farmhouse", and to be indexed as grantor)(BH and Farmhouse hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Farmhouse is the current owner of that certain property located at 1805 Kempsville Road in the City of Virginia Beach, Virginia identified by GRIN Number 1455-92-2961-0000 (the "Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS,BH is the contract purchaser of the Property; and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee,so as to change the classification of the Property from Conditional B-2 to Conditional 13-4;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS,Grantors acknowledge that competing and sometimes incompatible uses conflict,and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-4 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and GPIN No.: 1455-92-2961-0000 Document Prepared By: Robert P. Beaman III,Esq. (VSB No.74668) Troutman Pepper Locke LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 WHEREAS,Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee,as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development,operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning;and WHEREAS,said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided,however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantors, for themselves,their successors,assigns, grantees,and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning,rezoning,site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "ATTAIN AT FARMHOUSE—CONCEPTUAL SiTE • PLAN", dated March 30, 2026, and prepared by Timmons Group (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,and which is incorporated herein by this reference. 2. When developed, the quality of architectural design and materials of the buildings constructed on the Property shall be in substantial conformity with the four(4)sheets of exhibits entitled "Farmhouse Apartments Elevations", dated May 15, 2026 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. 3. When developed, the landscaping installed on the Property shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "ATTAIN AT FARMHOUSE—CONCEPTUAL PLANTING PLAN",and dated March 30,2026(the"Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,and which is incorporated herein by this reference. 4. The number of multifamily residential units located on the Property,when developed,shall not exceed a total of two hundred fifty-one(251). 2 5. The community identification sign(s) located on the Property shall be monument-style, shall not exceed eight(8) feet in height, and the design and the materials used for such sign(s) shall be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. 6. A solid six(6)foot tall wooden fence shall be provided along the boundaries of the Property that directly abut residentially zoned properties. 7. To the extent the property boundary fronting Luck Lane is considered a front yard, the minimum setback along such property boundary shall be fifteen feet(15') in lieu of thirty-five feet(35') required under Section 902 of the Zoning Ordinance. 8. Upon and after the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property(as shown on the approved site plan for the development of the Property), meeting/conference space within the existing farmhouse building located on the Property (as shown on the Concept Plan)will be made available during reasonable hours on a by-reservation basis for use by registered or incorporated charitable or non-profit neighborhood, community, civic or service associations or organizations, subject to reasonable rules and access limitations imposed by the owner of the Property to avoid unreasonable disturbances to the occupants of the Property, to maintain compliance with applicable codes,and to ensure the safety and security of tenants and guests. 9. The minimum setback along Kempsville Road shall be ten feet(10') in lieu of the fifteen feet(15')required under Section 283 of the Zoning Ordinance. 10. During the site plan review process, the developer of any new building on the Property shall identify how existing trees along the periphery of the Property will be saved and how such trees will be protected during the construction process. 11. For a period of ten(10)years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property(the "Expiration Date"), seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. Tile attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development("AM!"),adjusted for family size.The property owner or manager shall,upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee,provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date,this Proffer#I I shall automatically terminate and be of no further force or effect. 12. BH shall make a one-time contribution to the City of Virginia Beach in the amount of Six- Hundred Thousand Dollars ($600,000.00) (the "Contribution") toward pedestrian signalization along Kempsville Road,which Contribution is intended to offset potential impacts arising fi•om the development of the Property for multifamily residential uses. The Contribution shall be made within thirty(30) days after the later to occur of(a) the date that is one-hundred twenty (120)days after the issuance of the first building permit for improvements on the Property,or(b) delivery of written notice to the mailing address of the owner of the Property that is on file with the office of the City Real Estate Tax Assessor that applicable public facilities toward which the Contribution is to be utilized have been included in the City 3 Capital Improvement Program. If item(b),above, has not occurred prior to the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property(based upon the number of units included on the site plan approved by the City of Virginia Beach),then this Proffer#12 shall terminate and be of no further effect. Whatever portion of the Contribution has not been utilized by the City in accordance with this Proffer within five(5)years after the date the Contribution is deposited with the City shall be returned to BH. 13. Further conditions lawfiully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (I) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions, including(i)the ordering in writing of the remedying of any noncompliance with such conditions,and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages or other appropriate action,suit or proceedings;(2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate;(3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court;and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantors and Grantee. [Renraina'er of Page ltiterrtioncitty Left Blairk. Separcrle.5igitalrn•e Page to Follo►v.] 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: BH Farmhouse, LLC, a Virginia limited liability company BY: BWF Manager, LLC, a Virgin im'ted liability company It's M iage- By: Nam . Cobb Title: Vice President r COMMONWEALTH/STATE OF >r tN CITY/COUNTY OF WuyCt-6 ,to-wit: The foregoing instrument was acknowledged before me this day of MM , 20 Q_ , ;by Chris Cobb,who is personally known to me or has produced kt/r O 116Vv as identification, in his/her capacity as Vice President of BH Farmhouse, LLC, on behalf of the company. Notary Public My Commission Expires: uj �kA Ij Registration No. j (f's [NOTARIAL SEAL/STAMP] NNUIgINgIlqq rggqqqlqqqrrrUlqrqqqqqrrrrqrrqliqilqqlNqqql 811UNA VICENSSOTTO F10RENTINO NOW Public commonwealth of Virginia Registration My Commission ExpirOssOAug 3 152029 ugrgquqrrqrqqumrrrM+rrrgrrrgrrr"1N0trrgnnrgnqququrnunqr 5 GRANTOR: The Farmhouse, LLC, a Vitg'iiia-l'rnited liability company .............. By: Name: Sara W. Will Title: Manager By: A /Yn ;J�-p d 4l1 04-1 Name: Shauna Firman Title: Manager COMMON ALT OF VI GINIA CITY OF �A0 , to-wit: The foregoing instrument was acknowledged before me thisd ay of 20' , by bra W. Will, who is personally known to me or has produced w4s as identification,in his/her capacity as Manager of The Farmhouse, LLC, on behalf of the company. � 3 L" Notq%y{ abl�,e My Commission Expires: ~' ��•``�p,RIF G,Oeee ... Registration No. - .`�.. oi; "y y� o Mrc { 2s [NOTARIAL SEAL/STAMP] :0 70277AA exN0 a�i81.�G SQ'r�♦' �eei h`WFAI.TN��� COMMON AL O V ' GF INIA •'•a�fn,a�`� CITY OF � _k , to-wit: The foregoing instrument was acknowledged before me thi o� ay of # 20 V by Sh una T. Firman, who is personally known to me or has produced `' s identification,in his/her capacity as Manager of The Farmhouse, LLC, on behalf of the company. �LOAV Notary Public My Conunission Ex ires: �Al \1 �A1E C eeee Registration No. ' �.• OT ° �a IM °tip [NOTARIAL SEAL/STAMP] M)(,�.�( 70 ., p .».. S EXHIBIT A Legal Description ALL THAT certain tract,piece or parcel of land,with the appurtenances thereto belonging,situate, lying and being in the City of Virginia Beach,Virginia,being more specifically bounded and described as follows, to-wit: Commencing at a point at the northwest intersection of Myers Drive and Kempsville Road; thence along the western right-of-way line of Kempsville Road S48°26'55"W a distance of 103.01 feet to a point; thence with a curve turning to the left with a radius of 1415.00 feet, an arc length of 133.68 feet, a chord bearing of S45°44'32"W, and a chord length of 133.63 feet to a point;said point being the True Point and Place of Beginning; thence continuing along the western right-of-way line of Kempsville Road with a curve turning to the left with a radius of 1415.00 feet, an arc length of 52.95 feet, a chord bearing of S41°57'49"W, and a chord length of 52.95 feet to a point; thence S40°53'30"W a distance of 614.60 feet to a point;thence leaving said western right-of-way of Kempsville Road N48°39'32"W a distance of 541.26 feet to a point; thence N39°36'26"E a distance of 15.50 feet to a point;thence N38°57'09"E a distance of 297.11 feet to a point on the southwestern right-of-way line of Luck Lane; thence along the terminus of Luck Lane N38°57'09"E a distance of 50.26 feet to a point on the northeastern right of line of Luck Lane; thence leaving said right-of-way line of Luck Lane N38°57'09"E a distance of 312.67 feet to a point; thence S47°54'15"E a distance of 565.04 feet to the True Point and Place of Beginning, containing an area of 370,849 square feet or 8.513 acres. 7 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #6 & 7 BH Farmhouse, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next items are Items 6 and 7, B.H. Farmhouse, LLC. Mr. Beaman: Thank you,Mr. Chairman, Madam Vice Chair,members of the Commission. For the record, my name is Rob Beaman. I'm a local land use attorney with the Troutman Pepper Locke Law Firm here today on behalf of the applicant, B.H. Farmhouse, LLC. I'm joined by a number of members of our team, including representatives of the applicant J.P. Highland and Ben Flood. The property that's the subject of the application before you today is eight and a half acres. It's located just northeast of the intersection of Kempsville Road and Centerville Turnpike. The applicant proposes to rezone the site,which is currently zoned B-2 to B-4,to accommodate a 251- unit multifamily development. There's a historic farmhouse building on the site that would be preserved and incorporated into the development as tenant amenity space, but also as a small commercial component, similar to the coffee shop that currently operates on the property today. The farmhouse has long been owned by the Wood Family, and members of the Wood Family would remain involved in this project to continue their stewardship of this property moving forward. The project has been designed to be in accordance with the recommendations of the city plans that are applicable to the site, including the recently adopted City Comprehensive plan, the Active Transportation plan, and the SGA Master plan. One of the multifamily buildings on the property has been put up against the Kempsville Road frontage,with parking in the rear to comply with the recommendations of the SGA plan. Additionally, an 11-foot side path has been proposed along the Kempsville Road frontage,which would aid pedestrian connectivity throughout this corridor. And then the development will also provide much-needed diversification to the housing choices along this part of the city, and will include an affordability component, where 7% of the units, which is 18 units, would be reserved for folks making 100 5 or less of area median income for a period of 10 years. I also did want to note that the applicant has conducted extensive public outreach in connection with this application. They held a number of in-person meetings in proximity to the site at local schools,and also put up a website that gives the public additional information regarding this use. As a result of the feedback that was received during that process,they made a number of important changes to this application. They've expanded the outdoor amenity space around the farmhouse building by more than 45%. They've made a commitment to opening portions of the farmhouse building for use by community and neighborhood groups or gathering space and meeting space. They've repositioned the garage buildings to the north and east sides of the property to provide additional buffering. They've relocated waste and recycling facilities away from single-family homes, and they've also made significant changes to the building architecture. I do understand that at the informal session, there was a question that came up regarding pedestrian safety and. The applicant wanted the Planning Commission to know that they intend to work with staff between now and the City Council to discuss this issue with them, and if warranted, and if the city would like it, they are willing to look into installing signalization. So, with that, we certainly appreciate your consideration of this application, and our team will stand by for questions. Mr. Coston: Do we have any speakers,Madam Clerk? Clerk: Yes,we do have speakers. Mr. Coston: Okay. After the speakers. Mr. Beaman: Thank you. Clerk: Our first speaker is David Lamb, followed by Trish O'Brien. Mr.Lamb: Good afternoon,and thank you for the opportunity to speak. I'm speaking in support of the development. Mr. Coston: Could you please give us your name first? Mr. Lamb: Sorry, my name is David Lamb. I'm a resident of Lake Christopher, which is about half a mile from the proposed site,and I'm here to speak in support of the development. The reason I'm speaking in support of development is because who is developing the property? Being from Lake Christopher, I don't know if you know the ancient history of Lake Christopher. We had a farm behind Lake Christopher, and it got developed by a company that brought in duplexes and multifamily homes. And the developer matters when these things happen. When Lake Christopher got, the area behind Lake Christopher got developed, we had a company come in. That was very similar to what you see in this drawing, where they moved all the houses into the middle. They gave us buffer areas and stuff, And similar to what's happening here, the local community kind of like,oh,we don't want,you know,this extra thing built into our neighborhood, and so they,you know,rose up against it and tried to get it, and we lost that developer. Two years later, that developer that was going to build the buffer zones around it and stuff got replaced by another developer who came in with a higher density plan and got approved. And now, instead of having, for my house, 100 feet to the closest dwelling to my house, I have, I have. Duplex is thirty feet from my house, so when they turn on their bathroom light, I can basically read a book by their bathroom light at night,which is good for my electricity bill, but kind of bad for, like everything else. This developer took into consideration, oh, excuse me, took into consideration the, you know, the people that they met with, and redesigned what they were going to do,And,actually took away twenty-five apartments. To make the buffer zone so that the people around it wouldn't be as affected by the development. So, developers matter. That's the reason I'm speaking in support, because I think this developer has made a plan that will do what's best for that property. I know there's some opposition saying, "Hey, well, you don't really need apartments in here." If you look at Virginia Beach, you're at about 95%occupancy of apartments. So, really, an apartment complex. Pretty much is needed in Virginia Beach. The money that it will generate, the taxes that it will generate, the businesses across the street,which I'm sure are pretty happy to hear,250 families are going to be moving into their area. They're going to be pretty happy. I realize there are going to be things that we grow, but we don't let nice pieces of Virginia Beach just sit. So, it's going to get developed. So, who develops it matters. Thank you very much for your time. Mr. Coston: Thank you, sir. Were there any questions for our speaker? Clerk: Our next speaker is Trish O'Brien, followed by Shania White. Ms. O'Brien: Good afternoon. My name is Trish O'Brien. I am the CEO of CHIP of South Hampton Roads, which is the children's health investment Program. CHIP serves about 4,000 square miles of Virginia,working with low-income families with young children,making sure that everybody's getting a healthy start in life. They're ready for school,and that we're moving families towards self-sufficiency. And I'm here today,which I don't usually do this. So, I'm here today to really talk about the developer, because, with Bonaventure, we have found an incredible corporate partner. Not only are they have made a generous donation to our capital campaign,but they've done things that I don't hear a lot of corporations do. They've sponsored job fairs where a lot of our families have been able to find employment. Just overall, they have been not only concerned about the infrastructure of the physical place, but the human infrastructure for Virginia Beach. They are very supportive of what this community needs and their design. I've had the privilege of touring one of their, one of their properties. It's thoughtful. It enhances the area. Does not take anything away. And again, it is they're developing for a community, not just for profit. And that's what I have to say. Thank you. Mr. Coston: Thank you. Clerk: Our next speaker is Shania White, followed by Linda Cruciano. Ms. White: Good afternoon. My name is Shania White, and I am a resident of one of Bonaventure's property, Infinity at Centerville. I have been for over 3 years. My children, my husband is active duty military, and I specifically sought out this area and this specific property. Because of the schools in the area and the overall community, I am in support of this project because it will allow individuals, seniors, families like mine, to come to the area. And add not only to the economic growth, but as well as what was proposed, is keeping the farmhouse,which I like to enjoy myself when I go there and have my morning coffee. So, I don't know if there's much else that I can add to that. Besides that, I have also, as a military wife,taken advantage of the properties—not the property, but Bonaventure's career Fair—and I have had success in doing so. So. I think it would be a great,great addition to our area,and I plan on staying in the area, so that helps out as well. Clerk: Our next speaker is Linda Cruciano, followed by Mia Douglas. Ms. Cruciano: Hello, everyone. My name is Linda Cruciano. I'm with the Lake James Homeowners Association, and I'm actually here on behalf of Peggy Sampson, who is our environmental committee chair for the HOA,who was unable to attend, and so I volunteered to be here to be able to ask this question. The Lake James Homeowners Association and our whole community, which is probably maybe. A mile and a half away from where the farmhouse is, but an area,of course,that affects that whole air, that whole area,just because of the possibility of lots and lots of different, a lot of additional traffic and so forth. But anyway,but our question for y'all today is: what type of stormwater plan or management do the developers intend to implement? Ms. Hippen: So, I can, I can answer that. So I am, I am your, I am your district person commissioner. We asked the question because the question was posed at a couple of the events that that Bon Venture had, as well as our, excuse me, I'm tongue tied and that doesn't usually happen. As well as our informal session, the property will drain into Stumpy Lake. It will not drain into Lake Christopher or Lake James. Ms. Cruciano: Okay. So, so is it going to be? I mean, it's going to drain directly without any type of plan, you know, to be able to filter that water because Stumpy Lake eventually goes by Lake James. Ms. Hippen: Correct. Correct. They will have to do a stormwater plan that will come later in the process, but it will drain to Stumpy Lake. Ms. Cruciano: Can our environmental committee have input on that when that time comes up? Could you directly relate to our committee so we know exactly what the plan is? Ms.Hippen: Staff needs to answer that question. Ms. Cruciano: Pardon? Ms. Hippen: Staff behind you needs to answer that question,please. Staff: Good afternoon. The project currently conceptualizes underground detention system, which will retain, hold, and help treat the water before it's discharged offsite. Whenever the site plans come in, if we have a contact for your organization, we can send you copies of the plan. There's not necessarily input that you can provide, but you can certainly see all of the documents and see our comments and engage with our engineering staff. Ms. Cruciano: We just want to have the ability to be able to have a voice in all of this as well. Ms. Hippen: Thank you. Ms. Cruciano: Thank you for your time. Clerk: Our next speaker is Mia Douglas, followed by Samantha Roquin. Ms. Douglas: Hello, my name is Mia Douglas. I am here to respectfully express my strong opposition to the proposed 4-story apartment complex planned for the Woods Farmhouse property. This development is not compatible with the character, scale, or needs of our surrounding community. Our neighborhood is made up primarily of single-family homes, and residents have chosen to live here because of that established residential character. Placing a 4-story apartment building directly behind one- and two-story private homes would significantly affect privacy, views,property values, and overall quality of life for existing homeowners. This proposal would create an undue burden on many families who have invested in this community. There are five residential communities in the immediate area, and residents are already deeply concerned about daily traffic conditions. The intersection of Kempsville Road and Centerville Turnpike has already been identified as congested, and adding more than 250 apartments, many with one or with two or more vehicles. Would place additional strain on an already difficult and potentially unsafe roadway. School capacity is another serious concern. Our local schools are already overcrowded, and the surrounding area is experiencing significant pressure from population growth, traffic volume, and student enrollment. At this time, our community cannot safely or responsibly absorb additional high-density housing without further impacting essential services and infrastructure. This proposal is especially concerning, given that more than 320 additional apartments are already scheduled to be built. Approximately 3 miles away,at Kemp's Crossing,that nearby intersection is also known for traffic concerns and accidents. Approving another large apartment development in such close proximity would compound existing challenges rather than address them responsibly. We do not have the infrastructure to support this rapid growth. We are the most populated section of Virginia Beach, and additional housing and families will add additional burden on our police, fire, and rescue services. We are also concerned,as statistics show, high-density housing. Shows higher crime rates if these apartments are allowed. We will have just over 2,500 apartments within 3 miles of us,and for those reasons, I urge the planning committee to deny. Ms.Hippen: Did we talk at any of the any of the information sessions? Ms. Douglas: You and I? Ms. Hippen: Yes. Did you see me at any of those? Ms. Douglas: No, I haven't. I haven't been. I was just recently appointed vice president of my civic league, so I'm getting more involved in the community myself. Ms. Hippen: Which Civic league? Ms. Douglas: Brandon. Ms. Hippen: Brandon. Okay, I live in Alexandria. Ms. Hippen: Okay, so, we're kind of neighbors. I just want to correct something that you said Kempsville and Centerville,you've got apartment complexes,the Avon Apartments. You've also got the Tallwood Apartments next to Tallwood Elementary. At the intersection of Centerville and Lynnhaven, you have Magnolia Run, Magnolia Chase, Infinity, and the Cascades. So, there are apartment complexes in that area. Now, I'm not speaking for or against, I'm just letting you know what's in the area, especially if you're new to the area. Ms. Douglas: I've lived here for. I've lived in Virginia Beach my whole life, but I'm here, I've lived in this neighborhood for 6 years, so I'm aware that there are apartments there. Ms. Hippen: Okay,when I moved in in 1997 into that house, I previously lived in the Glenwood area, which is also District 7. Independence did not connect to South, independence did not connect to Indian River, and all of those apartment complexes that I just told you were trees,just to let you know, and the same,the same company that's building this one or proposed to build this one, is who built Magnolia Ranch,Magnolia Chase, Cascades, and Infinity? Mr. Mauch: I just want to clarify. I think from what I heard that your concerns were traffic, schools,privacy, and overall safety. Did I miss anything? Ms. Douglas: That's pretty much everything. Mr. Mauch: Okay, wonderful. And the reason I ask that is because I have quite a few listed of concerns that this commission has brought up and asked a lot about. So hopefully you'll be able to hear some of those concerns, whether they answer, you know, are answered properly enough for you. But some concerns we have talked about in the informal as well as at the site visit. So hopefully you'll be able to get a little bit of more information through this process. Mr. Coston: Commissioner Camp. Mr. Camp: Yes, ma'am. Thank you for coming forward today and speaking with us. Are you aware of the scheduled improvements to Centerville turnpike between Kempsville and Indian River? Do you know what I'm talking about? Ms.Douglas: No. Could you tell me more about that,please? Mr. Camp: Well,what I'm going to do is reference you to a web page on the city. It's Centerville Turnpike Phase II, and that is a much long-awaited project that will expand the road to 4 lanes, instead of the current 2 lanes from Kempsville all the way up past Regent to Indian River, now that won't solve all the problems in that area, but it's going to go under construction early next year. It's coming fairly soon, and so I just wanted to bring that to your attention. I personally believe, as I evaluated this, that that project will help that area greatly. It's long overdue, but as I said, it won't solve all the issues. I just want to make sure that you're aware about it. Ms.Douglas: Thank you so much. I appreciate that. Mr. Coston: Any further questions? Thank you. Clerk: Our next speaker, Samantha Roquin, followed by Kathleen Weinmiller. Ms. Roquin: Good afternoon, Chair, Vice Chair, and Commissioners. My name is Samantha Roquin, and I'm the president of the Charlestown Area Civic League. I'm also the leader for the Kempsville Coalition, which is a group of us who have come together for this. That includes my neighborhood, Charlestown, Lake South, Brigadoon, and Brandon. I do. I am aware of that proposal,and I agree that it will help to a small extent. But we also have Regent. University that's expanding. So, as we expand roads, we're expanding people that are going to be on it from that. So that came long before this project. As far as my topic, let me start off by saying that. We understand the overall need for developments, and the developer themselves are not what's in question with us. It's the infrastructure concerns. In fact,most of us actually wouldn't be here today and have a dog in this fight. If the Woods family hadn't sold some off of their land back off in the 70s. Most of our homes sit on some of the original 500 acres, but developers like Bonaventure have continued to develop raw land and build apartment buildings around us,And we have all sat back and watched it happen. And you have not heard from us as a Civic League or a coalition since the connection of Lynnhaven and Volvo. You may have heard from individual residents,but not from us as a whole. However,this proposed development not only has serious implications to the Brandon neighborhood, but to the overall Kempsville and Centerville community. In fact,per our online petition,6,556 people have signed, stating their concerns, disapprovals, and reservations to the building apartments as well. In addition to our serious concerns with traffic and school capacity limits, which are coming next, and also the additional strain on our local emergency services,we also have strong concerns about the negative impact that it will have on our wildlife and our environment. Raw land supports a diverse array of insects,pollinators. A plant and wildlife clearing,it forces these species out and breaks the natural food web.According to the IPAC,the U.S.Fish and Wildlife Service Environmental Review System,When we focused in on the 8 acres that is the remainder of the woods property, this would remove crucial habitats from the northern long-eared bat,which is now an endangered species. It would also endanger the tri-color bat, which is currently at risk of being an endangered species. There is also currently habitat there for the monarch butterfly. That is a proposed threat level, and the bald eagle, which we all know, is extremely vulnerable, along with an array of birds. Furthermore, destroying raw land continues to cause several major setbacks to the environment. It will degrade complex ecosystems,destroy delicate soil microbiome,cause severe erosion,disrupt vital water cycles,and it will release trapped carbon into the atmosphere. When you break up raw land, it breaks up natural root networks and fungal communities. This kills the living soil microbiome, which is essential for nutrient cycling and disease resistance. Additionally, without deep root systems and natural ground cover, the ground loses its ability to absorb and filter rainwater efficiently. Therefore,severely impacting local watersheds. All of this would be in addition to the already 31 acres that is being cleared out at Regent University, less than 2 miles down the road. My grandfather used to say, "Buy more land because it's the only thing they're not making any more of." And he was completely correct. I mean, you guys have heard about some bear sightings recently, right? As we take a moment,we have to fully comprehend the domino effect that all of this will have on every category of our local infrastructure. And lastly, residents that live in the Brandon neighborhood, especially those homes that back up to the farmhouse property, will now face walking out their backyard and possibly staring at a 4-story apartment complex. They did not purchase those homes, knowing that their privacy was at risk. They now also face the possibility of light and noise pollution, as well as potentially dealing with the excess rainwater flooding their yards, system or no system. On behalf of the Charlestown Area Civic League and the collective neighborhoods in our Kempsville area and the local businesses at Wood's Corner that actually do not support this, I urge you to please take our concerns into consideration. Mr. Coston: Commissioner Camp. Mr. Camp: Thank you for coming before us today. I represent District 1, Kempsville, and Ms. Hippen represents District 7. And the group that you, if I understood right, are speaking for, sort of straddles our districts,Brigadoons is in my district,for example. I've never had the opportunity to talk with you all or hear from you all, and I would like to. I'm sure that this is not the only thing that you have concerns about in our area, and so I hope you will contact me at some point after this meeting.. Don't text me during the meeting; I'm trying to pay attention. But seriously, I do want to engage with you as part of my constituent group. I also want to share with you a bit of the challenge we have when looking at one of these applications. Not long ago, I was sitting out there,and I would think, "Gee, I don't like certain things about an application. They should vote no." But what I hadn't really taken into consideration was,what can the landowner do without even coming here? What's called by right. What can they do without going to City Council for any approval or the Planning commission? In this case, the property is already zoned B two, commercial business. If they hadn't proposed what they're proposing here, then they could go ahead and put a business development on it, and that business development, according to the traffic study we received, would generate nineteen hundred more daily car trips per day than what they are proposing. Now that doesn't mean I love what they're proposing, but I have to weigh it against. What else could happen—not just up or down by itself, as if nothing else would happen. And I just want to share that with you as one of the challenges we have in what to do with these applications before us. Ms.Roquin: When I held my last community meeting,in which we invited the Broad Community or the Kempsville area, and I explained that to them as well, that it was, you know, which way would we rather go, and the overall community voted no to the apartment complex. I think the height was some of the main concerns, on top of all of the other things. If we were, if we were stuck with an apartment complex,we couldn't, couldn't battle it. The height was a big deal. We offered other solutions and have been trying to get with the Woods family directly to offer even more. We know that land can't sit there and not make money. That's we get that. S,o we've tried to come up with alternative routes. There's nothing that's going to make them more money than apartment complex. We know that. We're just trying to do our best to protect our neighborhoods and the historical charm that we have in Kempsville. Mr. Camp: Well, I thank you for that. You heard in my introduction that the historical aspect is important. I'm a founding member of the historic Kempsville Coalition, so thank you very much for coming to speak and expressing all these concerns on behalf of the larger community. They are taken seriously. Ms. Roquin: Thank you. Ms. Hippen: Are you the one that called me when I was in the shower yesterday? Ms. Roquin: Yes. Ms.Hippen: Okay. All right. Okay. I'm going to make sure to put the face to it. Okay. So, so I will be asking a few questions after all the speakers speak. Refresh my memory, did you come to any of the sessions? Ms. Roquin: I came to all of them. Ms. Hippen: Okay. So, we were at all of them. I hear you loud and clear. I remember when, like I said,earlier,when the Cascades was the first one that came in at Centerville and Lynnhaven, and then Magnolia Chase, then Magnolia Run, and Infinity. So, I hear you loud and clear as to what's going on. There are some questions that came out of our discussion yesterday, as well as are coming out today, that I'll be asking the applicant. So, rest assured, and please listen to what they have to say. Ms. Roquin: I will do that. Ms. Hippen: All right. Thanks. Ms. Roquin: Thank you. Mr. Coston: Any other questions? You may be seated. Clerk: Our next speaker is Kathleen Weinmiller, followed by Caitlin Trist. Ms. Weinmiller: Good afternoon, Chairman, and members of the Virginia Beach Planning Commission. I'm here today to express my strong opposition. Mr. Coston: To give us your name,please. Ms.Weinmiller: I'm sorry,Kathleen Weinmiller. I'm here today to express my strong opposition to the conditional rezoning and subdivision variance applications submitted by the Farmhouse, LLC for the property located at 1805 Kempsville Road. A lot of the reasons that I have written on my paper,honestly,have been covered by the people who have spoken previous to me. But I did want to call the severe traffic congestion up to the board again. I don't know how many of you come to our area frequently,But at high traffic times, it will back up onto the highway from that Kempsville,I'm sorry,Centerville and Kempsville intersection. It will back up to the highway, causing back up on the highway. So that creates a interesting challenge for those of us trying to get home in the afternoon from work. Adding an additional 250 apartment units and all of that traffic to that intersection is going to be a challenge. I did hear what you said that we're going to be doing an upgrade to Centerville,but that's going to be coming. It sounds like a little bit later than we're talking about here. And we have Regent University, which is doing an expansion as well. So I understand what you're saying. We got to kind of weigh left and right. I am one of the houses that would be immediately impacted by this apartment complex. They will literally be able to look into my backyard and see if I'm having a barbecue. So I did have a couple of questions,particularly regarding the flooding and stormwater handling. As you guys know, I think most people have been in Virginia Beach for a while. I'm guessing. Back in 2016,we received 14 inches of rain over 2 days,which caused flooding for a large part of the city. Our neighborhood was included in that. Thankfully, it was limited to the roads at that point in time,and it did not impact the houses. What is the impact of this project going to be when Virginia Beach gets 14 inches of rain again? To the neighborhood, to the people who live right there. The other question that I have is: will I heard that? You say? It's going to drain to Stumpy Lake, so it will have a new stormwater system, entirely new? Again, amateurs built the ark, and professionals built the Titanic. Just want to leave you guys with that thought. Thank you. That's true. Did you guys have any questions? Mr. Coston: Mr. Camp? Mr. Camp: Ma'am, again,thank you for coming forward. As another way of reemphasizing my understanding of the transportation problem down there, I want to ask, were you aware that Centerville Turnpike Phase III was canceled and taken completely out of the city's CIP? Ms. Weinmiller: No,but I was aware of Phase II. Mr. Camp: Yeah, Phase II goes north. Phase III would have gone south all the way to the Chesapeake border, and that long-awaited project did not get, it earned a grant, but it did not get fully funded by council. And then,over the last two years,it was completely taken out of the city's plans. I agree with you. That's a problem. I wish that hadn't happened. I would just urge you to speak to your council representatives. And these days,under the 10-1,you got to talk to them all because you need six to pass anything. About these concerns that our roadways on the western suburbs of this city are older;they're more heavily loaded with dense neighborhoods,and we need those road improvements. Ms. Weinmiller: We do. Thank you. Ms. Hippen: So, I live on the part off of the part of Centerville that they're not going to extend. Okay, and in fact, I drove yesterday during and after the storm. Okay, and I know of what you speak of the puddling. Mayor Bobby Dyer can tell you that we have been discussing. He and I have been discussing widening Centerville since he was our councilman. I can tell you that our current councilman is watching this session right now. I just spoke to him yesterday, and he is very concerned about the questions. He, he was also at all of the information sessions and a few other things, so he is very, very involved with this, talking with the applicant and so on, and so forth, and listening to citizens. I have been at all of the information sessions as well. Yes, Centerville is a problem. Okay, fortunately, I'm retired. Okay, but it gets me periodically. A lot of traffic does go through Regent University. When they came to talk about their plan, I let them know. Yep, I'm guilty of that,too. So, I know of what you speak, and that is something that that I have been talking to city council members all along. Since Mayor Bobby Dyer was our councilman,okay, so that is something that is. I'm not quitting because I don't, and I can tell you, and Commissioner Camp can tell you that. I have also been complaining about making sure that the bike lanes are clear. Because my 17- year-old nephew lives with me, and one of the things that I was concerned about was the kids riding back and forth on Centerville. There are bike lanes. Well, you're gonna clean them off. They've been cleaned recently,okay. But I hear you loud and clear,and listen to my questions and listen to their answers, and let's see where we are. Ms. Weinmiller: Thank you very much. Ms.Hippen: All right. Ms.Weinmiller: Any other questions? Ms.Hippen: Thank you. Ms. Weinmiller: Thank you. Clerk: Our next speaker is Caitlin Trist, followed by Robert Ryan. Ms.Trist: Good afternoon,everyone. I'm Caitlin,Trist. Thank you so much for this opportunity to speak. I live directly behind Back Bay Farmhouse, and I have several concerns regarding this proposal, rezoning this property from Conditional B two to the Conditional B-4 mixed use. I understand that Virginia Beach needs to grow, but my concern is whether this proposal represents the right development. In the right scale,in the right location,the proposed rezoning would replace a relatively low-intensity commercial property with 251 apartments. And I know that a lot of the other folks have spoken about the traffic and the community impact, and I wanted to call out, in addition to those concerns, which sit with me as well, the parking situation. I saw on the report that the city approved a reduction from the required 463 spaces to reduce to 388. Based on the assumptions that residents will rely on public transit,walking, and bicycling, This is less than two parking spaces per unit and does not account for visitor parking or the commercial space that will be on the property. I'm asking whether there is evidence that this reflects the actual travel patterns of Virginia Beach apartment residents,and what measures are in place if the parking demands exceed what is listed. I believe that overflow parking would directly impact. The neighborhoods behind Farmhouse. These residents rely heavily on street parking, and it's already incredibly limited. In addition to my parking concerns,I also do have those concerns about traffic and community. I understand that council has many competing priorities, but I'm asking if the council could reconsider deferring this application. Until traffic and parking analyses are further evaluated, and additional consideration has been given to compatibility with the surrounding neighborhoods. Ms.Hippen: Hi there. Hi. So,you must live on Dylan. Ms. Trist: 1,yeah, I live on Dylan. Ms. Hippen: Okay. Okay, I know where you are. So, you know, they're going to close Luck Lane. There will not be any, and I know that's a problem for you guys. So Luck Lane will not have access anymore. You brought up one of the questions that I have for them. Let's listen to what their solutions are,and let's go from that. Now we're not city council;we're a recommending body. We're planning. We only recommend. We don't even get paid. Okay, we got a sandwich and a bottle of water. Ms. Trist: I'm so sorry. The orange sign, said council. I'm so sorry about that. Ms.Hippen: They just let us borrow this place. At any rate,whatever decision comes out of here will go to City Council next month, and you can look on Planning Commission. They've got the website for us. You can also look on the city council website to see when it's going to come to them. They will have the final decision. So,I just,you know. You knew it this,too,right? Ms. Hippen: Thank you. Clerk: Our next speaker is Robert Ryan, followed by Harold Millet. Mr. Ryan: Good afternoon. My name is Robert Ryan, and I'm speaking in opposition to this project. I currently live at Dylan Drive. I've lived there for 34 years. This project will directly affect myself and like neighbors. Our neighborhood is defined, majority of single-family homes, 1 and 2 stories. The commercial structures in this general area are also 1 and 2 stories. Inserting a 4-story complex. On this size property,will directly with the scale be way out of scale and for the property and the surrounding area. And I recognize the need for growth, but it needs to be done properly. And it needs to match the area that it's in. A 4-story complex is going to directly affect everybody. Not only the people on Dylan Drive, the people across the street, in the other neighborhoods across Kempsville. It's gonna. Excuse me. It's going to put a significant strain and impact on our lives, our reasonable expectations for privacy, our reasonable expectations for a quality of life, our safety,and our security of our neighborhood and our families. If the applicants do wish to develop here. They need to rescale back in size, in the height, and the amount of apartments to directly correlate with the rest of the area. Thank you very much. Mr. Coston: Thank you. You may be seated. Clerk: Our final speaker is Harold Millet. Mr. Millet: Good afternoon. My name is Harold Millet. I go by Harry. Retired Senior Chief, United States Navy. What everybody's been talking about here—it's it, it's already here. I'm passing out pamphlets that my wife Rose put together, hours of research to show you that this building doesn't belong there. We are a community of single-family houses, in here for 20-some- odd years. As far as I understand, the money flow, family legacy, but they also have a responsibility to maintain the area that they sold us. But,you know,we got over 7,000 single-family homes here,and other things that we hear is about apartments,you know,people,you know, but we have,my God,225 apartments. I mean, it's just astounding. And what Mr. Camp brought up about the widening of Centerville—we've been a part of this, and all of a sudden, about a year ago,we found out that it was canceled. Didn't come to us about it;just went ahead and canceled it. This apartment complex is just going to compound things. Our schools, they're at max capacity. So again, you know, the previous speakers have spoken the words. Now it's time to make it happen. Help us. Thank you. Ms. Hippen: Good afternoon, shipmate. Don't go away yet. You wanted him even number chiefs. Wait a minute. Come on back. Hold on. You wanted them even number chiefs, and we got to watch out for you. So,your wife did very,very good. Thank you for this information. Did you go to any of the information sessions? Mr. Millet: I don't. I attended a few. I just listen. That's all I do. Ms. Hippen: Okay. All right. Okay. I'm going to ask a few questions. I am the planning commissioner for the district that we live in,and I am a frequent traveler of that area. My nephew and his wife used to live on Myers Court, so I know the area extremely well, and I live down by Centerville, so this is my stomping grounds as well. And like I said,I will have some questions. Mr. Millet: I started out in the Alexandria neighborhood, moved over to Charles Towne Lake South. Got a single-family home, no stairs. That's life. That's what, that's what we chose. We served. We retire. Ms. Hippen: I hear you. Well, unfortunately, I went the other way. I went from a from a ranch to a two-story house. So, I hear you loud and clear, shipmate. And I'm going to ask some questions, and please, because there's some answers, and they know I'm going to ask questions, too. Mr.Millet: I hope so. Ms. Hippen: Okay, so thank you for your time. I appreciate you, shipmate. Great. Clerk: That was our final speaker, and if I can make a recommendation to the commission to refresh your screens,just in case the voting action is timed out. Ms.Hippen: So, are they coming back up? The applicant? You know, I got questions. Mr. Beeman: Yes, ma'am. Ms. Hippen: Every time you come. So, some of these questions came from letters that we got. Some of them, I just wrote down as people were talking. Ms.Alcock: Excuse me. Yeah. Generally, if you have time to do the rebuttal and then questions. Mr. Beaman: Oh, I'll withhold the rebuttal and answer questions if that's okay. Ms. Hippen: Thank you. Okay, so the questions came in about drainage, okay, and the stormwater plan. Now, in the informal session, we were told that this will not drain into Lake Christopher or Lake James; that it will drain to Stumpy Lake. But as one of the people that came up and spoke stated, and hers was a question. She said, "Well, Stumpy Lake goes right past. So, can you help us out there? Because I do know,because,you know,I live over there. So I do know what kind of drainage problems there are. Mr. Beaman: Absolutely. I think the most important thing from a drainage perspective is that this redevelopment will be subject to the current regulations,the state and local regulations,which are much stricter than the regulations in years past." And require the water from the site to be taken into the site, stored, treated. We're going to have an underground facility. I believe it was mentioned by one of the commissioners, an underground facility. And then, only after it's been stored and treated,will it be discharged into the public system across Kempsville Road into there's an existing canal system. But even the rates and the volumes of water that are discharged are heavily regulated by the state as well. So, it's not just being dumped into the system. The system is extra water. It's being held and released at a timely manner,but all that's heavily regulated. Ms. Hippen: Okay, all right. So, you've got a reduced amount of parking. This, this was something that was hit. And according to what we've been briefed on about parking,and this came last month. We were just briefed about parking and bus stops. But normally, when you have a reduction in parking,you have a covered bus stop. Now I know there is a bus stop on each side of Kempsville near that property, and I'm sure they put it there because the brewery was there, because it wasn't there before the brewery. So, is there some coordination or some plan to cover those bus stops to bring you in line with the current state law? Mr. Beaman: Yeah, and you're absolutely right. I think that was one of the big impetus of approving a reduced parking ratio is that there is excellent service by existing HRT routes that come up and down the street each day. Whether or not the bus stop is covered or remains uncovered hasn't come up in our discussions with staff so far. But certainly, we're happy to have that conversation with staff and do what we need to do to comply with the law. Ms. Hippen: Okay, because our briefing stated that it has to be covered. That is for a covered spot,and the only covered spots that I know of are way down Indian River,where it intersects with I-64. Crosswalk study. So that what you're proposing to do is right across the street from a lot of stuff. There's a Walmart, and I'm just going to mention a few. There's a Walmart neighborhood. There's a Food Lion. There's a McDonald's. There's a Seventeen Hands Coffee & Ice Cream Shop. There's a gym around the corner from all of that. You go around and there's restaurants, wing Place. Three Amigos. I told you I lived there, so we know that people are not going to walk from where that property is all the way down to Centerville and Kempsville across the street. Have you done a study, or have you spoken with the city about a study for a crosswalk? Mr. Beaman: We have. I actually spoke with Rick Lowman, the city's traffic engineer, today about this issue. I understand it came up in the informal session, and also had a chance to speak with my client about it. We are going to meet with the city and discuss what type of signalization is warranted at this location, you know, directly across from our entrance, and if signalization needs to be added based on warrants and what the city would like to see at that intersection, but yes,that's a conversation we've already started. Ms.Hippen: Okay, let me see. So, one of the things that came up at our site visit, and you were a site visit,was you've got a lot of mature trees there, and the site plan does show that you're going to have trees. Talk to me about canopy cover,please. Mr. Beaman: So, we've done two things in the proffer agreement for tree planting and preservation. The first is we proffered a landscape plan,and we've submitted a separate landscape plan in addition to the site plan that shows all the tree plantings that we're going to make, which meter exceed code standards. It's a lot of trees. I believe it may be 166 trees is a figure I got from our engineer. But in addition to that,we've proffered that we're going to work with the city during site plan review to identify tree save areas around the perimeter of the property that we can incorporate into our landscape plan, it's great to save existing mature vegetation. We believe there are trees that can be saved, and we're going to work to see the feasibility and preserve as many as we can during the site plan process. Ms. Hippen: Okay,because that will help mitigate stormwater runoff and a lot of things, Mr.Beaman: Viewsheds, and everything. It's been a great thing for us and the community to save trees. Ms.Hippen: Okay,talk to me about the distance. Now,talk to me about Luck Lane. Luck Lane comes out from the back of the property, and it intersects Dylan Drive. And I know, for a fact, that people that now use that property for functions that they have for the brewery and so on, and so forth. Some of them park over there where McDonald's and Walmart are, and walk across the street,and some of them park on Luck Lane. Along these people's houses that live on Dylan Drive and are disrespectful to these people. Can you talk to me about Luck Lane? Mr.Beaman: Sure. We heard that same comment over and over during the public outreach. We had those meetings, and I was at those meetings, manning one of the stations, and we heard that that same concern over and over. As a result of that,we are proposing to completely shut off Luck Lane to put fencing and landscaping, not have any sort of pedestrian or vehicular access through Luck Lane,so there'll be no opportunity for folks to park back in the neighborhood and then access the site by foot or by car. Ms.Hippen: Okay. I've also heard both at sessions and today about the lack of privacy because there are going to be 4-story buildings. So, you've got two cul-de-sacs off of Myers Drive, and then you've got the homes that butt up against Dylan Drive on Dylan Drive, How far are the apartment complexes from those homes? How are you going to mitigate disturbing their privacy? Because I do understand exactly what they're talking about. Mr.Beaman: Sure, and I understand that concern as well. And what you'll see with the site plan is that second building, we call it the Donut shape building, has been strategically placed in the middle of the property to be as far away from the property lines on both the northern side and the eastern side as possible. The single-family homes abut this property on the north and on the east, and so we've tried to pull that building as central as possible. So, it's not up against one of the one of the property lines. Additionally, one of the other things we did during the process, as a result of some of the public feedback, and to address this concern, two things. One is to move the garages. Those garages on the exterior of the property were more evenly dispersed around the property. Before we've. Concentrated those along the northern and eastern property lines to provide even more buffering. In addition to the landscaping that we're going to plant along those two,there's a 15-foot landscape buffer along those edges. And then the second thing is, is the tree save. We've we proffered to work with the city staff to save mature trees. Of course,mature trees are already large and provide more immediate buffering. So,we'll look for opportunities to do that as well. Ms. Hippen: Okay. Where are the garbage cans? The garbage, because the first drawing that I saw had them back against the properties that border Dylan and also the cul-de-sacs that border Myers Drive. Mr. Beaman: Yeah, the initial version of the plan the initial version that we actually shared at the first public meeting—had the dumpster location in the top left corner. If we're looking at the Plan view, it was actually—you know,—we spoke with some people, and one of the ladies who lives right there asked if we could relocate that. There were some other requests to relocate that as well, and we have—we've relocated it up towards the front of the property along that same property line. That's the property line farthest away from all of the residential. The residential is on the northern end,the eastern end. This is more in the southwest corner. Ms. Hippen: Actually, I was one of the ones that asked that, but I don't see where they went. That's why I asked the question. That's right. Because that's one of,there's two of us up here that think about that. Because we've lived in apartments,too, and we've lived near apartments. Mr. Beaman: Sure. Ms. Hippen: I think that's all I have for right now. Mr. Beeman: Yes,ma'am. Ms. Hippen: Hopefully, I got everything that folks were asking about. Mr. Coston: Commissioner Camp. Mr. Camp: Yes, thank you, Attorney Beaman. Thank you again for coming up and answering questions. You and I spoke informally about my concerns with the placement of the—I'll call it the—well,they're both rectangles. The one closer to Kempsville Road and the setback. There are currently existing trees there shading that walkway. The Strategic Growth Plan for Centerville shows trees in that area. Can you speak a little bit here on the record about what might be possible to either keep or restore shade there? Mr. Beaman: Sure,Mr. Camp, after our conversation earlier today,I've already spoken with my client about this issue. We are a little bit constrained in this part of the property because of the additional roadway dedication and because of the expansion of the sidewalk to 11 feet. And so, for that reason, you know, there's not a lot of room to work with there. But what we are committed to doing is looking,you know,both between now and council, and also during the site plan approval process, to see if there are ways to move the building back a little bit to condense the area and have additional room for tree plantings. And there may be existing room for tree plantings as well. We're already showing plantings on our landscape plan,but certainly want to look for opportunities to include trees. It'll help not only for the shade of the walkway, but aesthetically for the project as well. We want to build the best project we can, so we're looking for opportunities to plant trees along that frontage as well. Mr. Camp: So, I like to be consistent, but I'm going to be surprising here, as everyone knows, I am an advocate for all of our bike,ped, and mobility needs. However,that should not come at the destruction, in my viewpoint,of necessary tree canopy. They are two things that we need to weigh together,and they are both desirable to have a community to live,work,and play in that is of high quality. From my perspective, if you narrowed the sidewalk, and I know, I argue for 11 feet at every one of these other things, but that enabled you to keep trees there that would cast shade in this area and screen this, that would be a better balance for me than adding the extra foot of sidewalk and not having the tree canopy. I am just one opinion of 1 I here, but since some of the person is always pushing this, I want you to know where I stand. Mr. Beaman: I appreciate that. Mr. Camp: Number two, I join in Commissioner Hippen with the concern about the crossing there. Human beings are going to go to attractive places. If you live here and stores are across the street, you're going to try to get there, and you're not going to go all 800 feet each direction over to the crosswalk. It's particularly concerning to me because this is within the non-transportation zone for some of our schools, meaning that some of the children who live here at certain grades are going to be walking to school. It's great that from a young age, they will become accustomed to being pedestrians. That's a healthier lifestyle. That's something we're trying to encourage. But when you begin to become a pedestrian,but you still have youthful judgment,and those things that attract you across the street, at the shopping center seem to just be a little bit away, I think there's a high potential for the kind of things we don't want to see happen there. If I understood your comments,right,you mentioned discussing with traffic engineering about the requirements, what we call warrants, for having a crossing there, and I believe you said, if it was required, you would look at doing that with your client. But what if it's not required, but two out of the five warrants are there? Talk to us about how you feel. Mr. Beaman: Sure. What I meant by warranted is whether traffic engineering wants something there. I mean, we need to have a conversation about what the need is, but also how that would impact traffic patterns and so forth. I've also already had a brief discussion with Mr.Lohman,but certainly, you know, if that's something the city wants, that's something that we're, we're willing to do. Mr. Camp: Which would be averse to a condition being added to this application, asking that you conduct that crossing study. Mr.Beaman: Yeah,we're happy to do that. What I'd prefer to do is work on that language with staff between now and City Council,but we're certainly happy to do that. Mr. Camp: So,you can't make a proffer here on the fly,right? That is not permitted. Mr.Beaman: That's right. That's correct. Mr. Camp: But can you say to me in answer to my question that you will personally commit to having that conversation? Mr. Beaman: Yes. Mr.Camp: Thank you very much. I appreciate that. Just man-to-man. And then, lastly,the city has a program to add covers to our bus stops,and we're a big city. There's a lot of them to do that. Commissioner Hippen has already mentioned this. There is a model and a standard pricing that exists. Every year, our taxpayer dollars go to add more for the benefit of our citizens across the city. I would highly encourage this applicant,with its vested long-term interest in this part of the city, in talking to our city's transportation department about the standard model,about the standard pricing, and considering between now and City Council.What I believe is a fairly nominal cost, given the overall scale of this project. And the primary user are going to be the people who live in your units. That maybe that's something you just want to bring forward as part of the package when you get to City council. I think it's very simple,just to talk to them and see how that's going to work. Mr. Beaman: Yeah,no, appreciate that comment. Ms. Hippen: I forgot one. What you going to do with the farmhouse? I know that, I know that the Wood family does not want the. I mean, it's a historic building. What you going to do with the farmhouse? Mr. Beaman: Yeah, that's an important part of this project, and one of the things that I think really makes this a neat project and a unique project is there's an old historic building,a farmhouse that's been in the family for a long time, and they're really committed to preserving that and also incorporating that into the development itself. It's going to be used in some capacity as a tenant amenity space. There'll be meeting space and so forth in there. We've committed in the proffer to allowing members of the community to use that space as well, so the community can continue to come in as they are now as a brewery and utilize the space and enjoy the space. Also, there will be, in all likelihood, a commercial component to it. That's one of the reasons we wanted to go to B-4. To reserve the right to do a commercial component here,something like a coffee shop,which is currently operating on the property,which is a great fit. Again,to allow the community to come into the site. And the other thing we've done is we've,and this is as a result of some of the feedback we did hear from the public, that amenity area that you see in the picture, that's up on the screen now,you can see that amenity area has grown significantly from our first plan by over 45%. That's a really nice area for people to gather, to have picnics, to, you know, walk a dog, or to throw a football, or whatever. It's a really, really generous area now. Ms. Hippen: And what's going in the center of the of the, as you call it, donut? Mr.Beaman: That's a tenant amenity area. That's where the pool will go. There likely be grilling areas. I don't know that it's specifically been programmed yet,but a pool and other related tenant amenities. Mr. Plumlee: Thank you. Mr. Chair, I've got a question. Where is this? I can't put in my mind. With the appendix to the COMP plan, is this in a city center? Mr.Beaman: It's in a local center core. Maybe 4/5 of the property is in the core, and then there's a little bit of edge. I think on the top right corner. Mr. Plumlee: So it's in a purple red zone. Okay. For anticipating what type of construction? Mr. Beaman: Mixed use,more urbanized construction, I believe four stories, 3 to 6 stories. Mr. Plumlee: Okay,thank you, Mr. Mauch: Commissioner Mauch. You had briefly about the Wood family and their intent to preserve the farmhouse,and something that I heard,and I just want to make sure that this is correct. Is they're not just selling the land to you, and then you guys are building apartments. They're a partner in this with you. They're not actually giving up the ownership of the property. They're adding it in as a part of the deal to be able to retain that portion and retain the property still alongside of your clients. Mr. Beeman: That's absolutely correct. They are remaining involved in the ownership group, moving forward to continue that stewardship, and representatives of the family are here with us today. Mr. Mauch: All right. Thank you. Ms. Hippen: Can you get someone to answer the question? How far the buildings are from the neighboring houses. I know one of y'all knows. Mr.Beaman: We have a civil engineer here. I believe it's a little over 100 from the top and 200 from the side, but I don't know if our engineer can confirm that for me. Mr. Flood: Hello, my name is Ben Flood. I represent Bonaventure, the development partner in this deal. To the north, it's, and I apologize, I don't have the exact figure, but I believe it is north of 100 feet. It's like 120,plus or minus to the Plan east, looking to the right. From the building to the closest house was over 200 feet. I want to say it was 220-230 somewhere in that range,but we can absolutely, yeah, get, get that information. Ms. Hippen: Thank you. Mr.Coston: Before we move on,I had one question. I think I spoke with you about the affordable housing. Mr. Beaman: Yes, yes, sir. And what I wanted to just elaborate on the affordable housing component,what we've put in the proffer agreement is that 7%of the units,which is eighteen units, will be reserved for folks who make 100 % or less of AMI, which is area median income, for a period of 10 years. And that AMI figure, I think it's important to, that's actually calculated and published by the Department of Housing and Urban Development every year,and the city,actually has on its website a page that publishes each year what that number is,and just for the purposes of this conversation,pulled what it is this year for 100%AMI for a one-person unit. It's $75,400,and for four people, it's $107,770 or no, sorry, 700,not 70. Ms. Hippen: So, let me tell you,those are pretty high numbers. I know it's on the city website, I would bring those down because the average person is not making$75,000,just saying. Mr. Beaeman: And if I may,just make a correction, too. I believe it was said by Marchelle in the informal. But one of our proffers, it was originally Proffer 6, and it refers to itself as Proffer 6. We've added more proffers throughout the process. It's now Proffer 11. So we would intend to change that to proffer 11 when it refers to itself between now and council. Mr. Coston: Any further questions, Mr. Anderson: Mr. Beeman? How are you? Couple of questions. I've been trying to find on the landscape and the information sheet. What type of fencing are we doing? Mr.Beaman: I believe it's in the proper,that's a 6-foot solid wood fence. I don't have the proffer in front of me,Mr. Anderson, but I believe we did proffer 6-foot solid wood fence. Mr.Anderson: So, it's wood and not PVC, or is it both? Mr.Beaman: That's correct. Mr. Anderson: All right, and I know we've discussed this, and I thought, I think it was brought up a few minutes ago about the landscaping in front of the single building, and Commissioner Camp, grudgingly probably mentioned about the sidewalk, but as far as the landscaping, I know, we discussed anything we can do to highlight to Evergreen something for to cover the building. That since it's so close to Kempsville Road,whatever can be done would be greatly appreciated. Mr. Mauch: You all have had quite a few of the community meetings and a lot of the concerns that were hit here today: stormwater, pedestrian safety, tree canopy, parking, schools, privacy. You've been able to mold your project into something different because of all of those concerns, whether it's sufficient or not for the community or the commission. I did want to note that one. I guess one area that didn't get hit was the environment and the wildlife. But I do know that as a by right use, you would have the ability to go in and kind of do the same thing. So I don't know any anything that's able to be done there besides kind of committing to the fact that if there is some sort of a species there, that is found, that that we make sure that that it is appropriately looked at by the by the right people. And then one thing at the site visit I did notice when I went in there is that this property is full of mature trees now. A lot of those trees are pines. If you have the ability to retain some of the hardwoods, more so, I think that that would be ideal, and then replace with your landscape as something that's a little bit more hardy than a pine. I think generally most people are okay with the pines coming down. I think it's the ones that that do a lot of work and suck a lot of moisture out of the ground and the hardwoods,that would be. Helpful to retain, if you can,and replace with something that's a little bit more hardy than a pine. Mr. Coston: So, are we ready for a motion? Ms. Schoonover: I move that we approve the application. Ms. Byler: Second. Mr.Coston: It has been moved by Commissioner Schoonover and seconded by Vice Chair Byler that we approve this item. Ms.Byler: Discussion. Clerk: The vote is open. Ms. Byler: By way of discussion, I would like to add that a number of applicants come before us with no community involvement at all,and then there's a section of applicants that come to us,and they've held informational meetings,but it's one way;they just say what they're doing,and this in my mind,is the prototype for what we welcome,and that was community engagement,where there was a dialogue back and forth, and the plans were modified to address the concerns of the stakeholders and the neighbors. So, I applaud them in their effort to make this a good project that fits into the community. Mr. Coston: Commissioner Camp. Mr. Camp: Thank you, Mr. Chair. I, too, commend the developer for working through their plans, and even here today, agreeing to make further adjustments to them. My concern is that the Strategic Growth Area Plan calls for this to be commercial,not housing. If there is a by right use for it to be commercial,and as Commissioner.Plumlee hinted, under the new comprehensive plan, if a development plan came forward on the site that was commercial,that it would be evaluated in a different fashion. I believe it is quite likely it would be a larger development with even more traffic. So, part of my vote is because of what would happen if this is not approved. Even if I don't love it 100%,I do believe that it is a better proposal for this site than what could happen by right and under evaluation of our new plans. Mr. Coston: Well, let's vote then. Clerk: The vote is open. By a recorded vote of I I to 0,Items 6 and 7,B.H.Farmhouse LLC,has been recommended for approval. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X Byler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to the recordation,which shall be in substantial conformance to the submitted exhibit entitled "SUBDIVISION VARIANCE EXHIBIT OF 8.513 FRONTING ON KEMPSVILLE ROAD FOR BONAVENTURE", prepared by Timmons Group, dated 06/16/2026, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning&Community Development. 2. 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. Proffers Proffer 1 When developed,the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "ATTAIN AT FARMHOUSE—CONCEPTUAL SITE PLAN", dated March 30, 2026,and prepared by Timmons Group(the"Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 2 When developed, the quality of architectural design and materials of the buildings constructed on the Property shall be in substantial conformity with the four (4) sheets of exhibits entitled "Farmhouse Apartments Elevations", dated May 15, 2026 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 3 When developed,the landscaping installed on the Property shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "ATTAIN AT FARMHOUSE — CONCEPTUAL PLANTING PLAN", and dated March 30, 2026 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred fifty-one (251). Proffer 5 The community identification sign(s) located on the Property shall be monument-style, shall not exceed eight (8) feet in height, and the design and the materials used for such sign(s) shall be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6 A solid six (6)foot tall wooden fence shall be provided along the boundaries of the Property that directly abut residentially zoned properties. Proffer 7 To the extent the property boundary fronting Luck Lane is considered a front yard, the minimum setback along such property boundary shall be fifteen feet (15') in lieu of thirty-five feet (35') required under Section 902 of the Zoning Ordinance. Proffer 8 Upon and after the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property (as shown on the approved site plan for the development of the Property), meeting/conference space within the existing farmhouse building located on the Property (as shown on the Concept Plan) will be made available during reasonable hours on a by- reservation basis for use by registered or incorporated charitable or non-profit neighborhood, community, civic or service associations or organizations, subject to reasonable rules and access limitations imposed by the owner of the Property to avoid unreasonable disturbances to the occupants of the Property,to maintain compliance with applicable codes,and to ensure the safety and security of tenants and guests. Proffer 9 The minimum setback along Kempsville Road shall be ten feet(10') in lieu of the fifteen feet (15') required under Section 283 of the Zoning Ordinance. Proffer 10 During the site plan review process, the developer of any new building on the Property shall identify how existing trees along the periphery of the Property will be saved and how such trees will be protected during the construction process. Proffer 11 For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property (the "Expiration Date"), seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent(100%) of Area Median Income for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjusted for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date,this Proffer#11 shall automatically terminate and be of no further force or effect. Proffer 12 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 0, Outlook Resident at Magnolia Run Apartments From Tasha S <navion00@gmail.com> Date Mon 7/6/2026 3:10 PM To Ashley Malinowski <CentervilleSRGM@vestresidential.com> Cc Lance Sanderlin <lancessjr@gmail.com> [EXTERNAL COMMUNICATION] Dear Ashley, I am writing to share a review of my experience living at Magnolia Run Apartments. I have been a resident for 3 years and love it here! My family and I truly enjoy our apartment and wanted to express our satisfaction with the living space. Our apartment is very spacious, the courtyards are well maintained, and we love that we can take walks at night and feel safe in our complex. It has been a wonderful experience so far, and I appreciate the quality and care that makes this place feel like home. Thank you all for your hard work and dedication to maintaining the property. Mag Run is the best! Best regards, La Tasha Hill-Sanderlin Erica Stegall 5749 Vinca Lane Virginia Beach,VA 23464 To Whom It May Concern, My name is Erica Stegalt, and I have proudly been a resident of two Bonaventure-owned communities in the Centerville/Lynnhaven area—Magnolia Chase and Infinity at Centerville—for more than seven years. Throughout that time, I have consistently enjoyed the quality of the communities,the beautiful homes, and the exceptional management teams. Bonaventure communities have always provided a welcoming atmosphere,well-maintained amenities, and a true sense of home. The Centerville/Lynnhaven area is one I have grown to love, and both Magnolia Chase and Infinity at Centerville have played a significant role in making that possible. Having experienced Bonaventure's commitment to excellence firsthand as both a resident and now as a Property Manager, I can confidently say the company takes great pride in creating outstanding communities for its residents. I would highly recommend any community selected for a Bonaventure build or management opportunity.Their attention to quality, customer service, and resident satisfaction truly sets them apart. I have nothing but positive things to say about my experience and took forward to seeing Bonaventure continue to grow and serve even more communities. Sincerely, Zachary Toung Infinity At Centerville Crossing 5672 Infinity Lane,Apt 416 Virginia Beach, Virginia 23464 July 6, 2026 1 have been living at Infinity at Centerville Crossing since 2022. Over the years I have lived on this property the staff has been welcoming, helpful, and professional with every issue that I have had from maintenance requests to resident events. The community is modern,well maintained, and thoughtfully designed, and the team takes pride in creating a place resident are happy to call home. I appreciate most is how much thought has gone into making everyday life convenient and enjoyable. I would gladly recommend Infinity at Centerville Crossing to anyone looking for a comfortable,well-managed, and connected place to live in Virginia Beach. It offers a great balance of comfort, convenience, and community, and I am grateful to be part of it. Zachary Toung 07/06/2026 Hello, My name is Thomas Kelly, and I have been a resident at Magnolia Chase since 2024. 1 live in 5733-208. 1 have truly enjoyed living here.The community has been a great place to call home! I appreciate the professionalism of the staff and their commitment to providing a positive living experience for residents.Overall, I have been very happy with my experience at Magnolia Chase and would recommend the community to anyone looking for a place to live. Thank you, Thomas Kelly Cherise McKenzie Infinity at Centerville Crossing 5616 Infinity Lane Unit 428 Virginia Beach, VA 23464 July 1, 2026 I've proudly called Infinity at Centerville home for the past five years. It's been the perfect place to raise my family. The community is luxurious, safe, and enjoyable to live in. One of my favorite things about living here is being able to celebrate my children's birthdays using the beautiful community amenities, creating special memories with my family and friends. I also love relaxing by the pool and starting my mornings with peaceful walks around the property. After five years, I can honestly say that this community feels like home. I'm grateful to be part of such a peaceful community. I truly love living here! Cherise McKenzie ddh" MACS;:�::�M ], Testimony In the nineties, while serving as a Special Education teacher with Chesapeake Public Schools, I had the privilege of meeting Mr. Breck Wood. I was first introduced to him by the mother of one of my students, and from that moment forward, he became a quiet but steady blessing in the lives of the individuals I served. Mr.Wood was,without fail, a kind,gentle, and humble man. His generosity was never loud or self-serving—it was sincere,thoughtful, and rooted in genuine care for others.Two moments in particular speak to the depth of his heart. The firstwas his relationship with my special needs workers. He would stop by simply to visit, sit down with them, and hold meaningful conversations—never rushed, never distracted. He made each person feel seen and valued.At Christmas, he faithfully attended our holiday gatherings and arrived with gifts for every one of myworkers. His presence alone brought joy, but his kindness made those moments unforgettable. The second example is one I will neverforget.Years ago, my program was operating out of an old building with rent we could barely manage. Out of the blue, Mr.Wood called and asked if I would like to move into a new office space. I explained that we couldn't afford anything better, and he gently replied,"That is not what I'm asking you. I'm askingyou, would you like a new office space?"When I said yes, he immediately put me in contact with his contractors. He designed and built out a beautiful new office and offered it to us rent-free for life. His generosity changed everythingfor us. It gave our nonprofit stability, dignity, and a sense of securitythat is priceless.To this day, I remain deeply grateful forwhat he did—not just for me, but for every adult with special needs who has walked through our doors and found a place to grow,work, and belong. Mr.Wood's kindness left a lasting imprint on our organization and on my heart. His legacy is one of compassion, humility, and unwavering generosity. address 1612 Centerville Turnpike#306,Virginia Beach,Va.23464 phone (757)502-0330 fax(757)502-0331 email takeittothezmacs@msn.com support Bonaventure because they are committed to preserving Mr.Wood's legacy to the community by providing affordable housing, ensuring that his spirit of generosity continues to bless others. Best regards, Natalie Grayson KLEIN ENTERPRISES Kempsville Crossing Shopping Center 1832 Kempsville Road Virginia Beach,Virginia, 23464 May 15,2026 City Council of Virginia Beach 2401 Courthouse Drive Virginia Beach,Virginia Re: Letter of Support—Attain at Farmhouse Rezoning To: Members of the City Council of Virginia Beach Ladies and Gentlemen: I am writing on behalf of DK Kempsville LLC (referred to herein as"Klein")the owner of Kempsville Crossing Shopping Center("Kempsville Crossing"),to express support for the proposed Attain at Farmhouse development,that will be located directly across to express our support for this project. As a neighboring property owner and stakeholder in the Kempsville area,Klein views the proposed development of Attain at Farmhouse to be a high-quality residential development that complements the existing commercial uses at Kempsville Crossing and consistent with the long- term vision for this corridor. The proposed development of Attain at Farmhouse is a thoughtful and well-designed project that will contribute positively to the surrounding Kempsville community. We believe that Attain at Farmhouse will strengthen the area by providing homes for residents who will support nearby businesses, enhance activity along this portion of the corridor, and add additional stability to the surrounding properties. Based on Klein's discussions with the Attain at Farmhouse development team,this proposed project is carefully planned with attention to site design, access, and compatibility with adjacent uses. 1 Kempsville Crossing Letter in support of Attain at Farmhouse v204302026 From Klein's perspective as an adjacent property owner,we do not anticipate negative impacts to Kempsville Crossing as a result of the development of Attain at Farmhouse and. feels that Attain at Farmhouse represents an opportunity for continued investment in the broader Kempsville area. For these reasons,Klein supports the Attain at Farmhouse development and respectfully encourages the City to give favorable consideration to the project as it advances through the review and approval process. Sincerely, DK KEMPSVILLE LLC By: 5L,"te" 4ruvwt Sean Garland Chief Investment officer and Executive Vice President 1777 Reisterstown Road Suite 165 c/o Klein Enterprises Baltimore, Maryland 21208 2 Kempsville Crossing Letter in support of Attain at Farmhouse v204302026 From: Nancy Hennessy To: Marchelle Coleman Subject: Woods Farm House Date: Thursday,June 25,2026 9:36:15 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Coleman, I am writing with great concerns regarding the proposed demolition of the brewery at the Woods Farm property and subsequent building of multifamily housing. I have lived in Charlestown Lakes for 39 years and watched as "progress" has taken away our green spaces and agricultural environment, all of which has been taken away by continued building of housing and other businesses. I do not believe that additional multifamily housing will benefit our region as the developer seems to think it will. Major concerns are the schools, and traffic congestion. Trying to make a left turn out of the area will be an accident waiting to happen. That's the exit across from McDonalds. The Kempsville Rd. corridor and Centerville Tpke are already insufficient to handle the number of cars now. At times it has taken 20 minutes to go 2 miles in either direction on these roadways. Our schools are nearing capacity. Larger class sizes do not resolve the issue. It will only compound the stress in the classrooms and not benefit either the students or the teachers . I wonder how many teachers will leave after only a year or two of overcrowded classrooms. And I wonder how the students will react to so many classmates that they feel neglected. Yes, I am a retired teacher and cannot honestly say that I would continue to work in such conditions. It is unfortunate that the developers can not see the seriousness of these issues. They say there are several complexes they have built in this area. And here's the reality of it--They won't have to contend with these issues . But as local residents,we will have to handle the chaos they have created. In addition to traffic congestion and overcrowding of schools is the fact we are destroying another natural ecosystem. This area of green space is home to birds,reptiles,mammals and insects who are again being pushed out of existence by the greed of the developer. More black top,housing,cars, and cement will only exacerbate the city's flooding problem. We are already experiencing it in our neighborhoods and each year it continues to get worse. Respectfully, Nancy& William Hennessy Dear Members of the Virginia Beach Planning Commission, I am writing to express my strong opposition to the proposed rezoning of the property currently occupied by Back Bay's Farmhouse (The Farmhouse LLC)from Community Business to allow for a 251- unit multifamily residential development with commercial space. My family has lived adjacent to this property for the past 11 years.One of the reasons we chose our home was because of the character of this area.The Farmhouse property has maintained a unique, open setting with mature trees, green space, and historic charm that provides neighboring residents with a sense of privacy and preserves the character of our community. Replacing that with a high- density apartment complex would permanently change the landscape and significantly diminish the quality of life for surrounding homeowners. In addition to changing the character of the neighborhood, I am deeply concerned about the impact this development would have on our infrastructure. The intersection providing access to The Farmhouse and the shopping center across Kempsville Road already experiences a high volume of traffic and a noticeable number of vehicle accidents. During school arrival and dismissal times, as well as morning and evening rush hours,traffic frequently becomes congested along Kempsville Road and Centreville Turnpike.Approving a 251-unit multifamily development at this location would add hundreds of additional daily vehicle trips to an intersection that is already struggling to accommodate existing traffic, creating further congestion, increasing safety concerns, and reducing the overall quality of life for nearby residents. I am also concerned about the impact on our local schools. From my experience as a parent of an elementary student,Tallwood Elementary is already operating at capacity,with available classroom space fully utilized with already high numbers of students per teacher ratio.Although I cannot speak to the current enrollment levels at Brandon Middle School or Tallwood High School,a development of this size would inevitably bring additional families into the area and increase demand on our public schools, potentially contributing to larger class sizes and additional strain on educational resources. While I understand that growth is inevitable, I do not believe this site is appropriate for a development of this magnitude. A 251-unit apartment complex is simply too dense for this location and is incompatible with the surrounding neighborhood. It would fundamentally alter the character of an area that has long balanced residential living with open space, mature landscaping, and historically significant properties. I respectfully ask the Planning Commission to deny this rezoning request and preserve the character, safety, and livability of our neighborhood for the families who have invested in this community for many years. Thank you for your time, consideration, and service to the City of Virginia Beach. Respectfully, Ashley Royea Virginia Beach Resident June 26,2026 Planning Commission Attn: Marchelle Coleman Building 3, municipal Center 2403 Courthouse Drive Virginia Beach,VA 23456 Dear Marchelle Coleman and the Planning Commission, I am writing to respectfully express my strong opposition to the proposed four-story apartment complex planned for the Woods Farmhouse property.This development is not compatible with the character,scale,or needs of our surrounding community. Our neighborhood is made up primarily of single-family homes, and residents moved to this area for its established residential character.A four-story apartment building directly behind one-and two- story homes would seriously affect privacy,views, property values,and quality of life. Its size and location would place an unfair burden on families who have invested in this community. There are five residential neighborhoods in the immediate area, and residents are already deeply concerned about daily traffic conditions.The intersection of Kempsville Road and Centerville Turnpike has already been identified as congested and adding more than 250 apartments with two or more vehicles each would place additional strain on an already difficult and potentially unsafe roadway. School capacity is another critical concern.Our local schools are already overcrowded,and the surrounding area is experiencing significant pressure from population growth,traffic volume,and increased student enrollment.At this time, our community cannot safely or responsibly absorb additional high-density housing without further impacting essential services and infrastructure. This proposal is especially concerning given that more than 320 additional apartments are already scheduled to be built approximately three miles away at Kemps River Crossing.The multi-use high rise apartment complex would be built at the intersection of Indian River and Kempsville Road, which is also known for traffic congestion and accidents.The approval of another large apartment here at the Woods Farmhouse would compound existing challenges rather than address them responsibly.We do not have the infrastructure to support this rapid growth. For these reasons, I respectfully urge the Planning Commission to deny this proposal and to prioritize development that is consistent with the surrounding neighborhoods, protects current residents,and supports safe,sustainable growth for the entire community. Sincerely, M_'�Ulir Rose Millett 1997 Livingston Oak Drive, Virginia Beach,VA 23464 757-377-4578 June 26, 2026 Planning Commission Attn: Marchelle Coleman Building 3, Municipal Center 2403 Courthouse Drive Virginia Beach,VA 23456 Dear Marchelle Coleman and fellow Planning Commission, I am writing to oppose the proposed four-story apartment complex on the Woods Farmhouse property.The site lacks the infrastructure needed to support the added traffic and density this project would bring.Traffic in this area is already heavy and continues to increase each year.The City has identified this area as a concern because of traffic volume and accidents, and the intersection of Kempsville Road and Centerville Turnpike is already congested.Adding more than 250 apartments, most with two or more vehicles,would further strain an already difficult and potentially unsafe roadway. The planned Centerville Phase 2 project,scheduled for early 2027,will also affect this immediate area.Taken together,these developments would add pressure to roads, schools, emergency services, police,and fire response.This is already one of the most populated sections of the city, and the immediate area already includes more than 2,000 apartment units. Statistics show that overcrowding or high-density housing leads to increased crime. The surrounding neighborhoods are primarily single-family homes, and residents chose this area because of its established residential character. Placing a four-story apartment building directly behind one-and two-story homes would negatively affect nearby homeowners, including their privacy, property values, and overall quality of life.This proposal is not compatible with the surrounding community. School capacity is also a grave concern. Local schools are already overcrowded, and additional high-density housing would further increase pressure on student enrollment,traffic, and public services.The community cannot responsibly absorb this level of growth without significant impacts to essential infrastructure. For these reasons, I respectfully urge the Planning Commission to deny the rezoning request. Sincerely, fGa W&C Nitta Harold C Millett 1997 Livingston Oak Drive, Virginia Beach,VA 23464 757-288-3044 From: Kimberly Holt To: Marchelle Coleman Cc: Calvern Jackson-Green Subject: Comments on BH Farmhouse,LLC rezoning request Date: Monday,June 29,2026 11:14:24 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Marchelle Coleman, The purpose of this letter is to respond to The Farmhouse LLC's request for a variance and rezoning of the property from B-2 Community Business District to B-4 Mixed Use District. I am opposed to this request and would ask the city to deny the variance and rezoning. Farmhouse LLC is well within their rights to develop the property according to what it is currently zoned. Personally, I like the tranquil setting and the undeveloped land and wish it would stay that way. However, I have lived in Virginia Beach all my life and see the changes that have been made and the land developed. I do wish there were more green spaces set aside so that every square inch of land would not be developed. Notwithstanding,let me set forth my reasons for opposing the rezoning to allow a 251 unit multifamily residential development: 1) It simply does not fit in with the surrounding structures. There are 20 single family residences that directly abut the property and four properties directly across the street,including my own. My address is 5553 Stonehaven Drive and I have lived at this address for 30 years. The look and feel of the neighborhood would change with the addition of 4 story apts.set right on the road. It reminds me of downtown Norfolk.You expect to see high rise apts.and condos in a downtown area as the surrounding commercial buildings are also very tall. It fits in with the landscape. There are no tall commercial buildings 4 stories in this area of Virginia Beach. Neither have I seen mini parking garages in a neighborhood.That fact alone tells you they don't have room for that many people to live in such a small space. Again,you would expect to see parking garages in a downtown development. 2) Privacy issues- The units will be 4 stories high. Where in the Kempsville area do you see 4 story apts.? Certainly not crammed in a neighborhood with single family residences.There are apartment complexes nearby-Tallwood Apts„Avalon Apts, InfinityApts.-but from the road none appear to be over 3 stories high. The higher the apts.,then those folks living on the higher floors have a direct view into the yards of anyone who lives close by. The plans call for a very large apt.building to sit right alongside Kempsville Rd. Since I live directly across Kempsville Rd.,my entire backyard would be viewed by anyone living on the top 2 floors of the complex. This is unacceptable. The apts. should not sit next to the road but should be set back. Maybe they could keep some of the trees along the road as a landscaping buffer. 3) It would overwhelm the traffic pattern. 251 family units would probably mean about 500 cars going in and out of the subdivision several times a day. There are no traffic lights to control access. Nearly every week there is an accident at the entrance to Walmart. We see and hear the accidents right behind our property. A search of city accident records would confirm this. Even if the city made the access point one way in,one way out going the same direction, people would need to make a U- turn somewhere to go left on Kempsville. 4) According to city records,there are 17,445 housing units in District 7. This subdivision alone would increase that figure by 1.4%,a substantial subdivision to put in such a tiny area. What about the impact to our schools? I am sure there are other considerations, but these are the ones I am aware of. This type of development belongs in an area that is already zoned for mixed-use or where there are no current subdivisions adjacent to the property. A commercial space makes more sense or single family homes. With kind regards, Kimberly P. Holt, Esq. 5553 Stonehaven Dr. Virginia Beach, VA 23464 (757)416-2626 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BIVI REAL ESTATE LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 941 Laskin Road (GPIN 2418716272). COUNCIL DISTRICT 6 (Remick) MEETING DATE: September 15, 2026 ■ Background: The applicant is requesting a Modification of Conditions to a Conditional Use Permit for an Indoor Recreational Facility to modify the conceptual site plan and landscape plan. The Conditional Use Permit was approved by the City Council on February 17, 2026, to allow the applicant to repurpose and expand a vacant movie theater building into an Indoor Recreational Facility. The approved conceptual plan also depicted an 8,200-square-foot restaurant, which is a by-right use in the B-2 district. The applicant intends to reduce the boundary of the Conditional Use Permit to only include the western half of the site and is seeking approval to develop the eastern half of the site with a self-storage facility under a separate Conditional Use Permit to be considered by City Council in the future. The applicant will continue to satisfy the parking study approved with the previous request, which established a minimum parking requirement of 5 parking spaces per court, and all required parking spaces will be accommodated on the western half of the site that is the subject of this request. ■ Considerations: This site is located in the Resort Area SGA, which calls for the rehabilitation and preservation of historic structures and properties, and while this site is not historic, the proposal is an adaptive reuse of an existing building. While the Resort Area SGA Plan recommends parking to be located at the rear of buildings when possible, since the applicant is proposing to utilize the existing parking lot, retain and expand the existing building, and retain and enhance the existing landscaping along Laskin Road, Staff finds the proposed reuse appropriate. While parking will still be located along Laskin Road, the proposed addition pulls the building closer to Laskin Road as recommended by the SGA Plan. The proposed facility will provide a public amenity and added value to the surrounding businesses, residences, and guests. The Active Transportation Plan calls for an eleven-foot-wide Shared Use Path along Laskin Road. The applicant has indicated there would be difficulties with installing the Shared Use Path due to site constraints, including reworking curb and gutter along the frontage of the site, relocating utility lines, relocating or BIVI Real Estate LLC Page 2 of 3 modifying existing storm sewer systems and existing streetlights, filling in of wetlands along the southwestern portion of the site, removal of existing mature vegetation, and removal of a row of existing parking spaces along the southeastern portion of the site. Although the site is within the boundary of the Laskin Road Phase II CIP project, no funds have been allocated to the project, nor have designs been initiated. 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 August 12, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. All previous conditions attached to the Conditional Use Permit for the property located at 941 Laskin Road of February 17, 2026, shall be voided and replaced with the following conditions. 2. The site shall be developed in substantial conformance to the concept plan entitled "BIVI Padel Conceptual Development Plan", prepared by Timmons Group, dated May 27, 2026, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 3. The site shall be developed in substantial conformance to the elevations and renderings entitled "BUILDING RENDERING BIVI PADEL", prepared by Saunders + Crouse Architects, dated December 1, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 4. The site shall be developed in substantial conformance to the landscape plan entitled "BIVI Padel Conceptual Planting Plan", prepared by Timmons Group, dated May 27, 2026, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 5. The existing freestanding sign on the site shall be refaced in substantial conformance to the sign rendering entitled "SIGN RENDERING BIVI PADEL", prepared by Saunders + Crouse Architects, dated December 1, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 6. The proposed mural shall be subject to review and approval by the Director of the Department of Planning and Community Development prior to the final approval of the site plan. 7. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. BIVI Real Estate LLC Page 3 of 3 8. Should outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning & 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. 9. The hours of operation shall be 7.00 a.m. to 10.00 p.m., Monday through Saturday and 7:00 a.m. to 7.00 p.m. on Sunday. 10.A final subdivision plat must be submitted for review, approval and recordation to create the proposed parcels. 11.The final subdivision plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 12.City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agrenda Applicant & Property Owner: BIVI Real Estate LLC Planning Commission ' • i • V_B, Council1 City • '- Project Details Request Modification of Conditions (Indoor Recreational Facility) pNF� Staff Recommendation "N Approval OR�OLF OR .5^301... Hf Staff Planner Alexis Bailey o Location 941 Laskin Road z9 cL��tY W ! ORAN!TA10 LN 4gI21O4.E f'k SC pp'���. GPIN 00 e1F4 NLN 2418716272 s�r a �� s Site Size _i= - x r` "'PNOOb,N NOU�PIN LN Gz 'A,gHF 7OA Z- 4.1 acres - 2 V, Z7 z, AICUZ 70-75 dB DNL; APZ-2 Watershed "` N Chesapeake Bay 'kNRo "yra Existing Land Use andZoning District ` Former Movie Theater/ B-2 Community Business . k, Surrounding Land Uses and Zoning Districts North Laskin Road Shopping Center/ B-2 Community Business .a y , , South Pt ; Multi-family dwellings/A-12 Apartment East , Multi-family dwellings/A-36 Apartment West Indoor Recreation Facility/ B-2 Community Business BIVI Real Estate LLC Agenda Item 7 page 1 of 18 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to a Conditional Use Permit for an Indoor Recreational Facility to modify the conceptual site plan and conceptual landscape plan on this 4.1-acre B-2 Community Business District zoned parcel. • On February 17, 2026, a Conditional Use Permit for an Indoor Recreational Facility was granted on this property to repurpose and expand a vacant movie theater building with an Indoor Recreational Facility.The approved conceptual plan also depicted an 8,200 square foot restaurant, which is a by-right use in the B-2 district.The conditions specified the site be developed in substantial conformance to the conceptual site plan and conceptual landscape plan; therefore, a Modification of Conditions is required. The applicant intends to reduce the boundary of the Conditional Use Permit to only include the western half of the site and intends to develop the eastern half of the site with a self-storage facility. A Conditional Use Permit for a Mini-Warehouse is being requested under a separate application. • No other changes to the 2026 Conditional Use Permit are proposed with this request. The applicant still intends to repurpose the existing 20,795 square foot vacant movie theater building and add a 12,300 square foot addition at the front of the building, all of which will be used for the Indoor Recreational Facility to include seven padel courts and one pickleball court. • The proposed hours of operation are 7:00 a.m.to 10:00 p.m., Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sunday.There are six employees anticipated to support the facility. • The applicant will continue to satisfy the parking study approved with the previous request, which established a minimum parking requirement of 5 parking spaces per court. With the reduction in the overall Conditional Use Permit boundary, the conceptual plan depicts a total of 53 parking spaces, exceeding the 40 spaces required to support the use. BIVI Real Estate LLC Agenda Item 7 page 2 of 18 Zoning History # Request B2 CUP (Indoor Recreational Facility) Approved `PSKw NRO K„ y�31 1 02/17/2026 00 2 CUP (Operate a Craft Distillery) Approved �y 01/7/2020 3 CUP (Non-Commercial Private Marina) Approved 07/7/2015 2 STC Approved 01/22/2002 BZj 2 _ CRZ (B-2 and R-7.5 to Conditional A-36) ol 00 Approved 06/12/2001 A36 STC Approved 06/12/2001 — 4 STC Approved 06/12/2001 STC Approved 06/12/2001 so OLE ciR - STC Approved 06/12/2001 Al2 STC Approved 06/12/2001 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 • • • The request for a Modification of Conditions is, in Staff's opinion, acceptable. This site is located in the Resort Area SGA which calls for the rehabilitation and preservation of historic structures and properties and while this site is not historic, the proposal is an adaptive reuse of an existing building. While the Resort Area SGA Plan recommends that parking be located behind buildings, when possible, since the applicant is proposing to utilize the existing parking lot, retain and expand the existing building, and retain and enhance the existing landscaping along Laskin Road, Staff finds the proposed reuse appropriate. While parking will still be located along Laskin Road, the proposed addition pulls the building closer to Laskin Road as recommended by the SGA Plan.The proposed facility will provide an amenity and added value to the surrounding businesses, residences, and guests. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted with the initial request to support the applicant's request for a reduction in the number of parking spaces required.The required parking continues to be met and exceeded with the proposed boundary reduction. More detailed parking information can be found in the Parking Study Determination Letter included with in this report. BIVI Real Estate LLC Agenda Item 7 page 3 of 18 Staff does not anticipate any adverse traffic impacts as a result of the proposed use, and the trips generated with the proposed use will be less than the number of average daily trips for the existing use of the site. The Active Transportation Plan calls for an eleven-foot-wide Shared Use Path along Laskin Road.The applicant has indicated there would be difficulties with installing the Shared Use Path due to site constraints including reworking curb and gutter along the frontage of the site, relocating utility lines, relocating or modifying existing storm sewer systems and existing street lights, filling in of wetlands along the southwestern portion of the site, removal of existing mature vegetation, and removal of a row of existing parking spaces along the southeastern portion of the site. Additionally, the site is located within Laskin Road Phase II the design and plans for which are not currently in progress. The applicant presented to the Resort Advisory Commission's Planning and Design Review Subcommittee (PDRC) at the June 30, 2026, meeting. Based on the considerations above, Staff recommends approval of the request subject to the conditions listed below. Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit for the property located at 941 Laskin Road of February 17, 2026, shall be voided and replaced with the following conditions. 2. The site shall be developed in substantial conformance to the concept plan entitled "BIVI Padel Conceptual Development Plan", prepared by Timmons Group, dated May 27, 2026, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 3. The site shall be developed in substantial conformance to the elevations and renderings entitled "BUILDING RENDERING BIVI PADEU, prepared by Saunders+ Crouse Architects, dated December 1, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 4. The site shall be developed in substantial conformance to the landscape plan entitled "BIVI Padel Conceptual Planting Plan", prepared by Timmons Group, dated May 27, 2026, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 5. The existing freestanding sign on the site shall be refaced in substantial conformance to the sign rendering entitled "SIGN RENDERING BIVI PADEU, prepared by Saunders + Crouse Architects, dated December 1, 2025, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 6. The proposed mural shall be subject to review and approval by the Director of the Department of Planning and Community Development prior to the final approval of the site plan. BIVI Real Estate LLC Agenda Item 7 page 4 of 18 7. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 8. Should outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning & 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. 9. The hours of operation shall be 7:00 a.m. to 10:00 p.m., Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sunday. 10. A final subdivision plat must be submitted for review, approval and recordation to create the proposed parcels. 11. The final subdivision plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 12. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Previous • • • for 126 Conditional Use Permit 1. The site shall be developed in substantial conformance to the concept plan entitled "BIVI Padel Conceptual Development Plan'; prepared by Timmons Group, dated November 3, 2025 which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 2. The site shall be developed in substantial conformance to the elevations and renderings entitled "BUILDING RENDERING BIVI PADEU, prepared by Saunders+ Crouse Architects, dated December 1, 2025 BIVI Real Estate LLC Agenda Item 7 page 5 of 18 which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 3. The site shall be developed in substantial conformance to the landscape plan entitled "BIVI Padel Conceptual Landscape Plan'; prepared by Timmons Group, dated December 2, 2025, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 4. The existing freestanding sign on the site shall be refaced in substantial conformance to the sign rendering entitled "SIGN RENDERING BIVI PADEC, prepared by Saunders + Crouse Architects, dated December 1, 2025 which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 5. The proposed mural shall be subject to review and approval by the Director of the Department of Planning and Community Development prior to the final approval of the site plan. 6. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 7. Should outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 8. The hours of operation shall be 7:00 a.m. to 10:00 p.m., Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sunday. BIVI Real Estate LLC Agenda Item 7 page 6 of 18 Comprehensive Plan Information The site falls within the Resort Area Strategic Growth Area (SGA) and is identified as a Business Special Use Place Type. In the Business Place Type the overarching goal "is to provide an attractively designed setting for groups and business and service uses" (p. 170, imagineVB 2040 Comprehensive Plan). ImpactsNatural & Cultural Resources The site is located in the Chesapeake Bay watershed and in the AE flood zone with a base flood elevation of 7 feet. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z—There is no reliable trip generation data available or the existing movie Laskin Road 23,800 ADT' 34,800 ADT 1(LOS° theater. „D„) Proposed Land Use 3—There is no reliable trip generation data available for padel courts. 1 Average Daily Trips 'As defined by a 3As defined by an 'LOS = Level of movie theater indoor padel facility Service Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Laskin Road, in the vicinity of this application, is considered a four-lane divided major urban arterial. There is a roadway CIP project slated for this area. Laskin Road Phase II (CIP 2-156) is for the construction of a six-lane divided highway in a 150-foot right-of-way from Oriole Drive to the Laskin Road roundabout. The feeder roads along Laskin Road within the project limits will also be removed. There is currently no funding for this project and because of that the design phase has not even been initiated for this project. Active Transportation Plan The Active Transportation Plan recommends the installation of a Shared Use Path along Laskin Road, pedestrian pathways from the right of way to the building entrance, and bike parking. BIVI Real Estate LLC Agenda Item 7 page 7 of 18 Public Utility Impacts Water&Sewer The site is currently connected to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August 5, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 1, 2026 and September 8, 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 31, 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 September 11, 2026. BIVI Real Estate LLC Agenda Item 7 page 8 of 18 d ` I 7 e O� i•N Z i f z o ? I Proposed Conceptual Site Layout ° F � 1 0t IF Q O 7T - — — — — — — — —— — — — — -- — — - — i o F co 04 A CJ z g - a o O J W Jw °e e LIJ o Z zia� ❑a a _ LU LLyd .' z m U BIVI Real Estate LLC Agenda Item 7 page 9 of 18 u� Proposed Conceptual Landscape Plan w p 1 Q e o I F _ I � tiI _ w O Li Q w f O a � z a Z W z> X z 31 e�� a 3 CO ,.::�.. N O th N N s AlCL UNI f' s LLJ p 2 x *� u u 3 z O Z O r fa ZpO� a < >Z BIVI Real Estate LLC Agenda Item 7 page 10 of 18 Proposed Renderings V J J CID L7 M Z v 0 G UJ N Z J J O Q J W W Z ZD if CD N` � rx E 0 o - w w ro ro ! r fYJ Q'J E r O O 1 y> Z S Z z 2 j c - M FD _M 12 Z(n Z yyL B u { X w X w w 0 w w wM U la I -A k e i� BIVI Real Estate LLC Agenda Item 7 page 11 of 18 Proposed Rendering SIGN PLATE, NAVY LETTERING AND r-o 15'_0' DESIGN, GOLD � n M �m i USE OF EXISTING SIGN STRUCTURE AT ENTRANCE ON LASKIN ROAD SIGN RENLMUNG BIVI PADEL se VIRGIN ABEACH,VIRGINIA ARCHITJCTS 12.012025 L'Ibl •.vr,rn.wan n<nru ra'!iin vsuu'a��rxas�ti rtwlsa,uvwJevr...ewa�nw'.vaw�rv,76�.u. _ei.wnn s�wvr.cw, .wnawi w.x�nwwtiNrwrva,�wirevivpee•an.rar J+si...n-aJ rx� yM��W�,.y WayapT BIVI Real Estate LLC Agenda Item 7 page 12 of 18 Parking StudyDetermination PLANNING CITY OF ZONING DEPARTMENT VI RC I N I A planning.virginiabeach.gov BEACH 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach,VA 23456 January 13, 2026 Steve Schmidt,Timmons Group 7053 Celebration Park Ave Suite 300 Richmond,VA 23225 Dear Mr. Schmidt, This letter is in response to your submitted parking study for the proposed BIVI/Padel, LLC development located at 941 Laskin Road. The proposed development will consist of 8 pickleball/paddle ball courts (33,095 SF) and a 5,200 SF sit-down restaurant with a 3,000 SF deck. The applicant is proposing 176 total parking spaces. Based on the requirements stated in Section 203 of the Zoning Ordinance, a restaurant of this size requires 82 parking spaces. The minimum number of parking spaces required for indoor recreation is one space per 200 square feet of floor area. The minimum number of parking spaces required for outdoor recreation is specified by the Conditional Use Permit. Based on the proposed recreation building, 166 spaces are required for the 8 courts. The parking study dated January 13, 2026 completed by your office has been reviewed by the Zoning Office and the Parks& Recreation Department.The submitted parking demand benchmarks for tennis and pickleball courts indicate a minimum parking requirement of 35 spaces would be adequate for this type of outdoor recreational use. Along with the 82 required on-site parking spaces for the restaurant, the development proposes 94 spaces dedicated to the 8 court pickleball/paddle ball use. Based on the considerations above, the proposed 176 shared parking spaces are approved to satisfy the parking requirement for the proposed development. If circumstances change where additional parking is required, the Zoning Office must be notified and a new study submitted for review. Contact the Zoning Office if you have any further questions. Sincerely, AmIn Hannah Sabo Zoning Administrator BIVI Real Estate LLC Agenda Item 7 page 13 of 18 Site • • �a - 56. b. BIVI Real Estate LLC Agenda Item 7 page 14 of 18 Site • • :4.Tv p *jACf+C1NEMA is soALEHOUSE JAN 31 DOG M AVON � Y. THE WIND ? _t BIVI Real Estate LLC Agenda Item 7 page 15 of 18 Disclosure V-B- CITY OFDisclosure I VIRGINIA Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications thot 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 BIVI Real Estate LLC Is Applicant also the Owner of the subject property? YesO Nor If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No0 If yes,name Representative: Tyler Rosa J Williams Mullen Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(�)Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Jason Vickers-Smith 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 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 Atlantic Union Bank cross-collat eraiization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Staternent I rev. May-2024 page 1 of 3 BIVI Real Estate LLC Agenda Item 7 page 16 of 18 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 e Architect/Designer/landscape e Q Saunders Crouse Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent e O Timmons Legal Services Q Q Williams Mullen APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Jason Vickers-Smith 19 May 2026 Applicant Name(Print) licant Signature Date 1 "Parent-subsidiory relationship"rneons"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(l)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 8/25/2026 Alexis Bailey 8/25/2026 Staff Name(Print) Staff SignatureT Date Disclosure Statement ( rev. May-2024 page 2 of 3 BIVI Real Estate LLC Agenda Item 7 page 17 of 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BIVI Real Estate LLC Agenda Item 7 page 18 of 18 LP�n�� KV tA LASKIN Rp r, X-pSi t m, R� �PgK1N t'pSy,ZN -- A36 O N All, Al2 o n ® site BIVI Real Estate LLC p Zoning 941 Laskin Road 0 Property Polygons Feet 0 37.5 75 150 225 300 Map created by Planning Department on 8/11/2026 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #7 BIVI Real Estate LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item 7, BIVI Real Estate LLC. Mr. Coston: Is there anyone here to represent item 7? Mr. Rosey: Good afternoon, Chairman Coston, Vice Chair Byler, members of the Planning Commission. My name is Tyler Rosey, I'm an attorney with the law firm Williams Mullen, here today on behalf of the applicant. Want to thank staff for their hard work on the application, and we appreciate the recommendation of approval this afternoon. I did have an opportunity to monitor the informal meeting this morning, so I think I understand the nature of the questions and why it's being heard today. So, wanted to take those in turn, as I understand the scope of the questions. First, my understanding is one of the first questions is whether to consider this application today or to defer it until September 9th,to be considered with item 8,which is the conditional use permit for the storage facility on the eastern portion of the property. And then the second question being adding a pedestrian refuge to the property and the concept plan. So, turning to the first item, I think in the staff report and in the discussion this morning, I think there's kind of a bit of conflation in terms of the purpose and scope of this application in relation to the storage facility application. The staff report actually says that the boundary line, the project CUP line, is being moved for this applicant to develop a storage facility on the other portion of the property, which is incorrect. There are 2 separate applications, entirely separate developers. This application is simply to modify the project boundary,whereas the prior approval covered the entirety of the parcel, because the subdivision line wasn't in place at that time. Now, the subdivision plat is in place, and the request is simply to move the project boundary approval line to align with the subdivision of the property. So the permit and the paddle facility and those conditions only apply to the appropriate parcel and doesn't encumber the separately subdivided parcel that would not be a part of the paddle facility. This modification, given the nature of the concept plan and the landscape plan that was approved as part of the prior approval, would be needed regardless of what is being developed on the other portion of the property. So, we believe that it would be appropriate and reduce further confusion to consider this application today,given that the purpose of the modification is simply to move the boundary line,just to align with the subdivision plat. The subdivision wasn't in place at the prior approval. The applicant acquired the property during the post-approval period,and the subdivision was not a part of those transaction terMs.So,we weren't really able to proceed with the subdivision plat and understand the line until the property was acquired. So, we believe this is mainly a cleanup item to just ensure that the conditions are properly encumbering this property,not posing a further development encumbrance on the other portion of the property. And then, this will be needed regardless of what happens on the other portion. If there was not a storage facility being considered, if there was some other development being considered on that portion of the property, we would still need this modification, and we would still be requesting this modification just to ensure that the conditions are contained to this property. So, we would request that the application be considered here today. We would request a recommendation of approval, and then that would allow for separate consideration and full consideration of the storage facility CUP. Even in discussions with the community, and we're going to have to continue those discussions with the community related to the storage facility, there weren't any objections to the modification once you explained what was going on. They're very excited about the paddle facility,excited about the opportunity to have a new athletic facility there. They believe that would be an additive use to that area in the community,but there is a bit of a conflation between the two applications. And even though it wasn't our intent to defer, to separate the application, we think it would be beneficial at this point to allow for separate consideration, so we can fully have the issues associated with the storage facility and the public opposition be considered, and not have this confuse those matters as well. So that's kind of the nature and the scope of the application. That's why we would request consideration today, not deferring it,having a recommendation of approval. And then on the second item,the pedestrian refuge,I believe Commissioner Camp raised that,and so we discussed with the project engineer, he actually is here today as well, and we find that agreeable. We would be happy to do that. We were trying to clarify the actual location,we think it's on the right side of the entrance of the driveway, that little grass area, so maybe just take a piece of the landscaping there, but yes, totally acceptable to us. So we'd be happy to entertain a condition or whatever, however that needs to be documented. So, appreciate your time this afternoon,happy to stand by for any questions. The proposed conditions are acceptable,and thank you for your consideration. Mr. Coston: Before we move to the commission,are there any other speakers on this item? Clerk: We have one speaker, Jackie L. Schilberg. Jackie L. Schilberg. There are no other speakers. Mr. Coston: Okay. Mr.Plumlee: Commissioners, I have a question for the applicant, and I did want to see if anyone showed up to speak, because two applications coming in together, there is a sense that they're joined together. I don't see that,but I want to make clear,this removes the restaurant from the plan on the paddle. Is that correct? Correct,that's what this modification does. Mr. Rosey: Correct, yeah, it effectively takes the boundary line from the entire parcel, moves it just to the paddle facility. During the original approval, when the application was submitted, it was obviously for the paddle facility, the rehabilitation of the beach cinema site. In discussing from an engineering standpoint and a use impact, there was some questions about how the site would fit together with a use on the other side of the parcel. We had always discussed an entertaining a by-right B2 use, but the purchaser at the time had really no idea what they were going to do with that portion of the property. Through those discussions, in terms of analyzing traffic and use of the property, given the high nature of traffic related to a restaurant, in order to inform the traffic analysis,a restaurant was included on the concept plan. That concept plan made it through to the approval, and that has now basically constituted a development restriction on that portion of the property. So,once the property is subdivided, if they wanted to do anything else on that portion of the property,we would need to,one,modify the boundary line,as we're doing now, just to ensure that it's on this portion of the property, and then allow for basically removing that development restriction on that other portion of the property, regardless of a storage facility or anything else. Mr. Plumlee: That's what we do, we require reapproval for doing less, in other words. That's what's recommended is a less intense use. What struck me initially was,why would the applicant want this? Because then now you're cutting off all this parking, available parking for uses, so you're limiting yourself to the uses for that site, and I'm fine with that, I don't have any philosophical objection to that. I just wanted to make sure that that was understood, because this doesn't mean anything is granted next month or months after that. It's simply being a request to remove that restaurant and have this subdivision. That's all we're looking at. Mr. Rosey: Correct, yeah, it's effectively just moving the concept plan line to the subdivision line, which reduces the footprint, and then the restaurant building associated with that part of the concept plan, since that would not be part of the project parcel. Mr. Coston: Commissioner Camp,then, Vice Chair. Mr.Camp: I think you may have answered the question,but indulge me a moment,just to clarify, if we can come back to the site plan, please. The boundary line that is being drawn here bisects the driveway, so that what I might call the entrance is on the parcel in question here, and the exit is over on the other side,the item that's being deferred today. Is that correct? Mr. Rosey: Correct, yeah, the exit is on the other portion of the property, the to-be-subdivided portion of the property,the eastern portion of the property. Mr. Camp: Okay, so I guess my question is, I have no further questions for the applicant, but I have a quick question for staff following up on that. If anyone else has a question for the applicant, I'll yield. Mr. Plumlee: Well, I was, but what occurred to me on that was there would be an easement, it's the common owner, so it wouldn't be an entrance/exit issue. Mr. Rosey: Right. I believe that would be cleaned up during the site plan approval process, and that would be put in place. Mr. Camp: Yeah, okay, that's what I'm getting at, it's common ownership now, it may or may not be in the future. Correct. And when I asked the question earlier about, do these things stand independently, that the intent is not to squeeze in and out on one side of that. We're going to use it as we've seen it customarily in the past. Mr.Rosey: Correct. Mr. Camp: And so there's going to need to be some agreement to do that. Mr. Rosey: Correct. Yeah, and I'm not handling the transaction either, but typically in my transactions,there's,you know,cross-easement agreements and things of that nature as part of the transaction. But my understanding, and the project engineers are here as well, but during the discussions I've been a part of, there's always been an understanding that there would be some reciprocal easements associated with the two properties,to allow ingress and egress. Mr. Camp: Thank you for the clarification,that we're not going to try to accomplish both just on one side of the driveway and do something else on the other. Thank you. Ms. Bookholt: I wanted to add a little clarification. The plat was submitted to us yesterday for review, it was accepted today for review, so it hasn't been recorded yet. It's just now under review, but it does show a proposed shared ingress-egress easement over it. It hasn't been reviewed yet by staff,but we'll make sure that there is the appropriate recordation in place. Mr. Camp: Thank you for the clarification,Ms.Bookholt,that the late submission of documents creates some of these questions that we then run into, and I appreciate your clarifying that you didn't have it to review, and we didn't have it to see, which is why we're now belaboring this. Thank you. Mr. Coston: Madam Vice Chair. Ms. Byler: I have no questions for the applicant. I do have a comment to make whenever appropriate. Mr. Coston: It's appropriate. Ms. Byler: My concern with this, and I don't know how much this will bear on our decision, but my concern with this is that we're doing two things: we're changing the whole package as it was presented and approved previously by removing the restaurant, and secondly, we're allowing the one item to be deferred and the other to be heard, and there were a fair number of people who wanted to speak on the matter that's being deferred, and they didn't show up today because they were being told it was being deferred, and I'm not sure that they understand that one will be heard today, and one may be heard next month. Otherwise,they may have been here, and I'm all about transparency, and I don't want the public to think we're doing something behind their back, so, because of that, unless there's some compelling reason why, I would like this matter to be heard next month, along with the adjacent application. So that's my position. Ms. Schoonover: Can we hear from the applicant regarding that interest? Mr. Coston: Sure. Mr. Rosey: Thank you for the comments, Vice Chair Byler. I will say, in my engagement with the community, and Ms. Schilberg actually, who was signed up to speak, she's been coordinating a lot of the community efforts, and so I've been communicating with her as well. But in communicating the deferral, we ensured that they were aware it was just the storage facility, and this was a separate application. So we had separate community meetings, we've been treating everything separately in terms of the communication with staff and the community, it's been entirely separate. There have been letters of opposition related to the storage facility, but not the modification. So we've done everything that we can to ensure that they understand there's a distinction,and in my communication,there is an understanding that one would be deferred while they're being treated separately, one will be deferred, and this one will be considered today. So we've done everything we can to ensure that they are separate, everyone understands they're separate, and that they were made aware in terms of the deferral,today would be for one and not the other. So,obviously,we want to make sure we weren't inconveniencing anyone. But I would just add that, for your consideration,that I think we've done as much outreach as we can to drive home the point that these would be considered separately. So I would just add that for your consideration. Thank you. Ms.Byler: Thank you,Attorney Rosey,and I have no doubt that you did,but it's confusing,even to the commissioners at times. There were a couple on the agenda today that were two agenda items, and even we get them confused. So if the public gets it confused, I wouldn't be surprised. But thank you for your comments and your effort, Mr. Coston: Commissioner Schoonover. Ms. Schoonover: In light of this information, may I please make a motion that we approve this project. Ms. Moorjani: Seconded. Mr. Coston: It has been moved by Commissioner Schoonover and seconded by Commissioner Moorjani,that we approve item 7. Clerk: The vote is open. By a recorded vote of I I to 0, item 7, BIVI Real Estate LLC,has been recommended for approval. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. All previous conditions attached to the Conditional Use Permit for the property located at 941 Laskin Road of February 17, 2026, shall be voided and replaced with the following conditions. 2. The site shall be developed in substantial conformance to the concept plan entitled "BIVI Padel Conceptual Development Plan", prepared by Timmons Group, dated May 27, 2026, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 3. The site shall be developed in substantial conformance to the elevations and renderings entitled "BUILDING RENDERING BIVI PADEL", prepared by Saunders + Crouse Architects, dated December 1, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 4. The site shall be developed in substantial conformance to the landscape plan entitled "BIVI Padel Conceptual Planting Plan", prepared by Timmons Group, dated May 27, 2026, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 5. The existing freestanding sign on the site shall be refaced in substantial conformance to the sign rendering entitled "SIGN RENDERING BIVI PADEL", prepared by Saunders+ Crouse Architects, dated December 1, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 6. The proposed mural shall be subject to review and approval by the Director of the Department of Planning and Community Development prior to the final approval of the site plan. 7. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 8. Should outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning & 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. 9. The hours of operation shall be 7:00 a.m. to 10:00 p.m., Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sunday. 10. A final subdivision plat must be submitted for review, approval and recordation to create the proposed parcels. 11. The final subdivision plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 12. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. P�V.OPACP ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 449 LONDON LLC [Applicant & Property Owner] Conditional Rezoning (R- 10 Residential District to Conditional 1-1 Light Industrial District) & Conditional Use Permit (Bulk Storage Yard) for the property located at 2548 Potters Road (GPIN 1497733185). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: September 15, 2026 ■ Background: The applicant is requesting a Conditional Rezoning from R-10 Residential District to Conditional 1-1 Light Industrial District and a Conditional Use Permit for a Bulk Storage Yard to develop the site with a storage yard for contractors' vehicles, equipment, and materials on this 2.89-acre parcel. The site is located within the greater than 75 dB noise zone, Accident Potential Zone 1 (APZ-1), and is located within the Lynnhaven Strategic Growth Area (SGA). The property contains an existing residential structure that has been vacant for approximately one year and was placarded as uninhabitable by the Department of Housing and Neighborhood Preservation in July of 2025. Since residential uses are considered incompatible within the APZ-1, should the residential use of the property cease for a period of two or more years, future residential use of the property would not be permitted. The property will be divided into 12 fenced storage lots ranging in size from approximately 3,200 to 5,200 square feet, as well as a proposed future steel storage building. The site will be fully secured, with gated access, security cameras, and lighting. Lighting will consist of light poles not to exceed 14 feet in height and will be fully shielded to minimize impacts on adjacent properties. In accordance with Section 228 of the Zoning Ordinance, the Bulk Storage Yard is required to provide Category VI screening, consisting of a six-foot solid fence with Category I plantings. The applicant is proposing a 10-foot-wide Category VI landscape buffer along the eastern and western property lines, as well as 15-foot- wide Category VI Landscape buffer along Potters Road. The applicant is requesting a reduction in the width of the landscape buffer along the R-10 Residential property line to the east from 25 feet to 10 feet. A conceptual landscape plan includes a six-foot-tall, earthtone solid privacy fence enclosing the entire site, including interior storage areas, with chain-link gates limited to access points. ■ Considerations: Staff recognizes that the Comprehensive Plan and the Lynnhaven Strategic Growth Area Master Plan envision this area for office and mixed-use riverfront redevelopment. However, the property's location within APZ-1 and the greater than 449 London LLC Page 2 of 4 75 DNL noise zone significantly limits the types of uses that can reasonably be developed on the site. Many of the office uses envisioned by the Comprehensive Plan are not considered compatible within APZ-1 under AICUZ guidance. In contrast, the proposed bulk storage yard is a low-intensity, low-occupancy use that does not concentrate employees or the public on the site for extended periods and is considered compatible with both the high noise zone and the accident potential zone. Staff finds that the proposal incorporates several design elements to reduce impacts on surrounding properties, including enhanced landscaping, preservation of existing wooded areas where feasible, fully shielded lighting, controlled site access, privacy fencing, and required stormwater management measures. While the proposal does not fully advance the Comprehensive Plan's long-term vision for mixed-use redevelopment, Staff believes the property's unique military compatibility constraints are a significant planning consideration. Given these constraints, the proposed bulk storage yard represents a reasonable and appropriate use of the property that balances the City's redevelopment goals with its longstanding commitment to protecting the operational mission of Naval Air Station Oceana. Staff received one letter of opposition to the request noting incompatibility with the surrounding residential neighborhood, location of the site within the Lynnhaven SGA, and proximity to sensitive waterways. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Conditional Rezoning Proffer 1 The following principal and conditional uses within the 1-1 Light Industrial District shall not be permitted on the Property: (a) Automobile service stations; (b) Bars or nightclubs; (c) Eating and Drinking Establishments where food and beverages are consumed onsite; (d) Communication towers, (e) Heliports and helistops; 449 London LLC Page 3 of 4 (f) Passenger Transportation Terminals; and (g) Any use which is listed as incompatible with airfield operations at N.A.S. Oceana in APZ-1 or the greater than 75 dbn noise zone in Tables 1 and 2 contained in Article 18 of the CZO. Conditional Use Permit 1. The site shall be developed in substantial conformance to the conceptual site plan entitled, "Concept Plan-Bulk Storage for 449 London, L.L.0 — Virginia Beach, VA 23454 ", dated 5/29/2026, prepared by VHB, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The site shall be developed in substantial conformance to the conceptual landscape plan entitled, "CONCEPTUAL LANDSCAPE PLAN POTTERS ROAD STORAGE — Virginia Beach, VA", dated 5/29/2026, prepared by VHB, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the 6-foot-tall solid privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and continuously maintained for the duration of the site's use as a Bulk Storage Yard. The required 25-foot-wide landscape yard along the eastern property line adjacent to land zoned R-10 Residential shall be a 10-foot-wide Category VI landscape buffer, pursuant to the deviation under Section 221(i) of the City Zoning Ordinance. The 10-foot-wide Category VI landscape buffer shall be installed and maintained in accordance with the approved site plan for the duration of the use. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of 449 London LLC Page 4 of 4 Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager Agenda Items 9 & 1 Applicant & Property Owner: 449 London LLC Planning Commission P • 2026 V_B, CouncilCity i- Project Details Requests Conditional Rezoning (R-10 Residential District to Conditional 1-1 Light Industrial District) 1 --t,T1�_A� r pp T"A IM Conditional Use Permit (Bulk Storage Yard) sourNEmrer / Staff Recommendation DEAN DR' •?'�.. ,.%' Approval ( -r E, ., 1 - Staff Planner � f, Marchelle Coleman u Location 2548 Potters Road ( r _� GPIN 1497733185 Site Size -! _ T � 7 2.89 acres AICUZ Greater than 75 dB DNL;APZ-1 Watershed Chesapeake Bay Existing Land Use and Zoning District Former Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North 1-264 South Potters Road Single-family dwellings/ R-5D Residential East Religious use/ R-10 Residential West Parking lot/0-2 Office 449 London LLC Agenda Items 9 & 10 page 1 of 17 Background SummaryofProposal • The applicant is requesting a Conditional Rezoning from R-10 Residential District to Conditional 1-1 Light Industrial District and a Conditional Use Permit for a Bulk Storage Yard to develop the site with a storage yard for the storage of contractors' vehicles, equipment, and materials on this 2.89-acre property. • The site is located within the greater than 75 dB DNL of the AICUZ and the Accident Potential Zone 1 (APZ- 1).The proposed use of a bulk storage yard is considered a compatible use within both the noise zone and the APZ-1. • As depicted on the conceptual site plan, the property is proposed to be divided into 14 fenced storage lots ranging in size from approximately 3,200 square feet to 5,234 square feet.The conceptual plan also includes a future steel storage building for the storage of materials associated with the operation. In addition, the site is proposed to include a stormwater management facility with a 12-foot-wide maintenance access path surrounding the facility to accommodate ongoing maintenance and inspection activities. • The site will be gated and secured to control access.The property will be fully secured and equipped with security cameras and appropriate site lighting. As shown on the conceptual plan, the applicant proposes light poles not to exceed 14 feet in height. As recommended in Condition 5, all proposed lighting will be fully shielded to direct illumination onto the subject property, and any light or glare will be deflected, shaded, and oriented away from adjoining properties. • Section 228 of the Zoning Ordinance requires the Bulk Storage Yard area to be enclosed by Category VI screening, which consists of a minimum six-foot-tall solid fence with Category I plantings.The applicant is proposing a 10-foot-wide Category VI landscape buffer along the eastern and western property lines, as well as 15-foot-wide Category VI Landscape buffer along Potters Road. • The applicant is requesting a deviation pursuant to Section 221(i) of the Zoning Ordinance for a reduction in the width of the landscape buffer along the R-10 Residential property line to the east. Per Section 1003 (a) of the Zoning Ordinance, when a zoning lot within an 1-1 Industrial District adjoins a residential district without an intervening street, alley or body of water over twenty-five (25) feet in width, a twenty-five-foot minimum yard shall be required along all lot lines adjoining the residential district. As stated previously, a 10-foot-wide Category VI landscape buffer is proposed. • A fence rendering has been provided on the Conceptual Landscape Plan depicting a six-foot-tall, earthtone solid privacy fence. The entire bulk storage area, including the interior storage lots, will be enclosed with this solid privacy fence. The only exception will be the designated ingress and egress points for each lot, which will include chain link gates as shown on the Landscape Plan. • A freestanding monument-style sign is proposed along Potters Road. As depicted on the conceptual site and landscape plans, the sign shall not exceed six feet in height. 449 London LLC Agenda Items 9 & 10 page 2 of 17 • Additionally, the applicant is proposing a 10-foot wide Multi-Use Path along Potters Road. Zoning # Request All 1 CUP (Residential Kennel)Approved 11/24/2009 2 MDC Approved 11/27/2001 CUP (Church Addition)Approved 06/08/1999 R10 R10 2 11 1 02 Q v 4� R5D P�R1040 j00 R OR5C Q Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ.Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • • In Staff's opinion, the proposed rezoning of the parcel from R-10 Residential to Conditional 1-1 Light Industrial District, along with the associated Conditional Use Permit to allow the operation of a Bulk Storage Yard for the storage of materials and equipment, is appropriate and acceptable.The Lynnhaven SGA Master Plan designates this area for office use, with the Character Area Plan envisioning the site for Riverfront Development. More specifically, the Plan calls for redevelopment that contributes to a compact, mixed-use, walkable environment while enhancing access to and appreciation of the adjacent riverfront. Additionally, the subject property is currently mapped within the Type 1 Neighborhood Place Type, and Appendix A of the Comprehensive Plan indicates that the 1-1 Light Industrial District is not a zoning district that contributes to this Place Type. Under typical circumstances, these policies would not support a transition to industrial zoning or the development of a bulk storage yard. However, this property possesses unique characteristics that distinguish it from many other properties within the Lynnhaven SGA. The site is located within the greater than 75 dB DNL noise contour and within Accident Potential Zone 1 (APZ-1). These military compatibility constraints significantly influence the range of 449 London LLC Agenda Items 9 & 10 page 3 of 17 appropriate land uses that can reasonably be developed on the property.The Comprehensive Plan and the Lynnhaven SGA Master Plan both recognize the importance of ensuring that development remains compatible with the City's Air Installation Compatible Use Zone (AICUZ) regulations. Consistent with these policies, low- intensity uses with limited occupancy are encouraged within higher noise areas and accident potential zones to minimize the exposure of people to aircraft noise and potential safety hazards. The proposed Bulk Storage Yard is inherently a low-occupancy use that does not concentrate employees or the general public on the site for extended periods. As such, it is considered compatible with the property's location within APZ-1 and the greater than 75 d6 DNL noise contour. In Staff's opinion, this compatibility is a significant planning consideration that outweighs the site's Office land use designation, as many traditional office uses, including personal and professional services, are not considered compatible within the APZ-1. Furthermore, as the site is currently zoned R-10 Residential, most redevelopment of the site would require discretionary action, either in the form of a rezoning or conditional use permit, which in turn would require any proposed use to be compatible with Article 18 of the City's Zoning Ordinance. The proposal also incorporates design features intended to minimize impacts on adjacent properties and the surrounding environment. The site will be fully enclosed with a six-foot-tall earth-tone privacy fence, with additional Category VI screening provided where appropriate. The applicant proposes to retain existing wooded areas along portions of the property to supplement buffering, while fully shielded lighting, limited pole heights, controlled access, security measures, and landscaped screening will reduce visual impacts and help maintain compatibility with nearby residential properties.These measures, together with required stormwater management and environmental regulations, provide additional safeguards for the adjacent neighborhood and the environmentally sensitive London Bridge Creek corridor. Although the proposed use does not advance the Comprehensive Plan's long-term vision for mixed-use, walkable redevelopment within the Lynnhaven Strategic Growth Area, Staff recognizes that the property's military compatible constraints substantially limit its redevelopment potential. Rather than introducing a high- intensity use that would be inconsistent with AICUZ guidance, the proposed Bulk Storage Yard represents a low-intensity industrial use that is compatible with the property's location within the APZ-1 and the high aircraft noise environment. Staff finds that the request appropriately balances the Comprehensive Plan's broader redevelopment objectives with the City's longstanding commitment to protecting the operational mission of Naval Air Station Oceana and promoting land uses that are compatible with military operations. As stated previously, the applicant is requesting a deviation pursuant to Section 221(i) of the Zoning Ordinance to reduce the required landscape buffer along the eastern property line adjacent to land zoned R-10 Residential. Section 1003(a) of the Zoning Ordinance requires a 25-foot minimum landscape yard when property within the 1-1 Industrial District adjoins a residential zoning district without an intervening street, alley, or body of water greater than 25 feet in width. In lieu of the required 25-foot landscape yard,the applicant is proposing a 10-foot-wide Category VI landscape buffer. Staff is supportive of the requested deviation based on the unique circumstances of the adjoining property and the proposed site design. Although the property to the east is zoned R-10 Residential, it is currently developed as a religious institution rather than a single-family residential neighborhood. Furthermore, the owner has indicated that there are no plans to develop the portion of the property adjacent to the subject site for single-family residential use. In addition to 449 London LLC Agenda Items 9 & 10 page 4 of 17 environmental constraints that limit future development potential, development of single-family residential uses in this area would not be permitted under the APZ-1 regulations. [begn strikethrough] as the aFea ;s e,,....4aiRed by,,RviF,,.,.,.e—pt-al feat--r - +h-,t- I. .4 fi-Aw a d,,velor. eRt .,,,tenti& [end strikethrough] Staff finds that the existing natural vegetation, together with the enhanced landscape buffer, will effectively mitigate visual impacts while maintaining compatibility with the adjacent property. Given the existing land use, the environmental constraints affecting the adjacent property, and the proposed landscaping, Staff finds that the requested reduction in the landscape buffer width is appropriate and will continue to provide an adequate transition between the industrial use and the neighboring property.Therefore, Staff supports the requested deviation. Accordingly, Staff concludes that the proposed Conditional Rezoning and Conditional Use Permit represent a reasonable use of the property given its unique physical and operational constraints and recommends approval, subject to the proffers and conditions listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The following principal and conditional uses within the 1-1 Light Industrial District shall not be permitted on the Property: (a) Automobile service stations; (b) Bars or nightclubs; (c) Eating and Drinking Establishments where food and beverages are consumed onsite; (d) Communication towers; (e) Heliports and helistops; (f) Passenger Transportation Terminals; and (g) Any use which is listed as incompatible with airfield operations at N.A.S. Oceana in APZ-1 or the greater than 75 dbn noise zone in Tables 1 and 2 contained in Article 18 of the CZO. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 449 London LLC Agenda Items 9 & 10 page 5 of 17 Recommended Conditions 1. The site shall be developed in substantial conformance to the conceptual site plan entitled, "Concept Plan- Bulk Storage for 449 London, L.L.0—Virginia Beach, VA 23454", dated 5/29/2026, prepared by VHB, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The site shall be developed in substantial conformance to the conceptual landscape plan entitled, "CONCEPTUAL LANDSCAPE PLAN POTTERS ROAD STORAGE—Virginia Beach, W. dated 5/29/2026, prepared by VHB, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the 6-foot-tall solid privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and continuously maintained for the duration of the site's use as a Bulk Storage Yard. The required 25-foot-wide landscape yard along the eastern property line adjacent to land zoned R-10 Residential shall be a 10-foot-wide Category VI landscape buffer, pursuant to the deviation under Section 221(i) of the City Zoning Ordinance. The 10-foot-wide Category VI landscape buffer shall be installed and maintained in accordance with the approved site plan for the duration of the use. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 449 London LLC Agenda Items 9 & 10 page 6 of 17 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan identifies the site as being located within the Lynnhaven Strategic Growth Area (SGA), and within a Type 1 Neighborhood, and is designated as Office land use, and Riverfront Development character area in the Lynnhaven SGA Master Plan.The land use policies and principles of the imagineVB 2040 Comprehensive Plan and Lynnhaven Strategic Growth Area (SGA) Master Plan establish several land use policies and principles applicable to the subject property. Appendix A of the Comprehensive Plan identifies that the 1-1 Light Industrial District is not an eligible zoning district to contribute to the Type 1 Neighborhood Place Type (p. 214, imagineVB 2040 Comprehensive Plan). The Lynnhaven SGA Master Plan designates the property for Office land use and identifies it within the Riverfront Development Character Area (p. 48, Lynnhaven SGA Master Plan). The Office designation is intended to preserve and reinforce existing office areas as desirable employment locations (p. 46, Lynnhaven SGA Master Plan), while the Riverfront Development Character Area encourages redevelopment that capitalizes on the Lynnhaven River and London Bridge Creek by orienting development toward the waterfront, integrating public access with the open space system, and creating opportunities for high-quality redevelopment that embraces these natural amenities. (p. 53, Lynnhaven SGA Master Plan) The Comprehensive Plan further states that the overarching goal of the Type 1 Neighborhood Place Type is to provide a well-landscaped, quiet, and safe environment for single-family residential development, with only limited civic uses, such as schools and parks, considered appropriate non-residential uses (p. 53, Lynnhaven SGA Master Plan). In contrast, the Industrial and Logistics Place Type is intended to provide a well-landscaped and buffered setting for large-scale industrial, logistics, warehousing, and supporting commercial uses with safe and efficient truck access (p. 167, imagineVB 2040 Comprehensive Plan).The Comprehensive Plan also emphasizes that Strategic Growth Areas were established to accommodate future growth through higher- density, mixed-use, walkable development patterns that transform conventional suburban, auto-oriented development into urban, multimodal environments offering a variety of transportation choices. (p. 17, imagineVB 2040 Comprehensive Plan) The Lynnhaven SGA Master Plan also promotes environmental stewardship by encouraging development that capitalizes on the area's waterways and marshlands while improving stormwater runoff quality through effective stormwater management practices (p. 4, Lynnhaven SGA Master Plan). In addition, the Master Plan recognizes the importance of locating land uses that are compatible with the City's Air Installation Compatible Use Zone (AICUZ) regulations, including the applicable noise contours and Accident Potential Zones established under Article 18 of the Virginia Beach Zoning Ordinance (p. 4, Lynnhaven SGA Master Plan).The Plan further seeks to protect and strengthen existing neighborhoods through the provision of compatible community services and convenient retail opportunities while maintaining an appropriate balance between residential development, employment opportunities, and supporting services throughout the Lynnhaven Strategic Growth Area (p. 4, Lynnhaven SGA Master Plan). 449 London LLC Agenda Items 9 & 10 page 7 of 17 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. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume FP resent Capacity Generated Traffic Existing Land Use Z- 10 ADT Potters Road 5,450 ADTI 12,500 ADT 1(LOS 4"D") Proposed Land Use 3-No Trip Generation Data Available 1 Average Daily Trips 2As defined by a 3As defined by a bulk 4LOS = Level of single-family dwelling storage use Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Potters Road is a two-lane minor suburban arterial roadway.There are currently no CIP projects to upgrade this section of Potters Road at this time. Active Transportation Plan(ATP) The Active Transportation Plan proposes Shared Use Paths for Potters Road. ImpactsPublic Utility Water There is an 8-inch City water main along Potters Road.The site currently connects to city water.The existing water meter and service line must be abandoned if not used. Sewer City sanitary sewer is not available to the site. 449 London LLC Agenda Items 9 & 10 page 8 of 17 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August 5, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 1, 2026 and September 8, 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 31, 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 September 11, 2026. 449 London LLC Agenda Items 9 & 10 page 9 of 17 SITE DATA: • GPIN:14977331850000 TOTAL AREA:2.891 AC • EXISTING ZONING:R10 .„ PROPOSED ZONING:CONDITIONAL I-1& CONDITIONAL USE PERMIT TOTAL SF OF FENCED LOTS:47,513(14 LOTS) y1, $ay 80'X40'STORAGE LOTS:12 1 >80'X40'STORAGE LOTS:2 rd �. PARKING SUMMARY: • THERE ARE NO PARKING REQUIREMENTS FOR A STORAGE YARD. 9 �p r 1 cwwrm....w...aKwn� _�— ._•-'_1. .— " .,.,.mow, c �I ad Conce t Plan - Bulk Storage _ Q � p g Legend For 449 London L.L.C. - - rD o Virginia Beach, VA 23454 !? VHB O lD O �N Predfor McLeskey O Date. 05/29/2026 Qp ram" �I O Cl Proposed Landscape Plan Z w ;o CL _ _ a a -. „ M � � w0 m Z h Q y a W J • o < _ a H w 15 W a d < w v lip tz Q}i SN3t1OdGO E P —1 v0s Hi� a o �o w Tfist - W i ----711Qz � W w., J� �W 0 "ems"m o w tz AdXa� 1Y39 1ytN ..rn > '!�S? m ! m ?; t5 t� voCC, 449 London LLC Agenda Items 9 & 10 page 11 of 17 Site • • ZZ Aw me P� �„ wy.a �✓_ xi'A .l ?c 449 London LLC Agenda Items 9 & 10 page 12 of 17 w 1 a.lei Ali t # :�y• , 4; J, R ` It t kS` #. ��.4.•� rrb �.T „. 449 London LLC Agenda Items 9 & 10 page 13 of 17 Disclosure CITY OF Disclosure V BEACH Statement VIRGINIA The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards,commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: os ilstec'un application 449 London LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yes@ Noo if no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ No0 if yes,name Representative: R. Edward Bourdon,Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@No0 If yes,list the names of ail officers,directors,members,or trustees below AND businesses that have a parent-subsidiary i or affiliated business entity I relationship with the applicant Attach list if necessary.) William Wilcox,Member Aaron Lawyer,Member Does the subject property have a proposed or pending purchaser? Yes U No • if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes No�' if yes,norne the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services mast be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, Q @ cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 449 London LLC Agenda Items 9 & 10 page 14 of 17 Disclosure SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER Name entityand/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Matt Mader,VHB Legal Services 0 R.Edward Bourdon,Jr.,Esq,Sykes Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this Farm is complete,true,and accurate,I understand that, upon receipt of notification that the application has been scheduled far public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,C8PA, Wetlands Board or any public body or committee in connection with this application. William Wilcox, Member G I 7,02 t, Applicant Name(Print) ApplicSignal Dat "Parent sut�:>idiary t"r lt7i:f 2r7Shi(3"a�reans"a /,, rijor- wvhen one corporation directly or indirectly owns sh€tres possessing more than 50 p of the t•>ung power of on3other corporation."See State and Local Government Conj%ct of Interests Act, VA.Cade§2.2-3101. z"Affiliated business entity relationship„means"a relationship,other than parent-subvdiar r� y P p y relationship, that exists when(i)One business entity has o eantr011ing ownership interest in the other business entity,(rij a controlling owner in one entity is c71so a controlling owner in the other entity,or(ili)there is shared management or coot,roi between the business entities.Factors trot should be considered in determining the existence of an affiliated business entity relotionsh,'p include that the some person*or substantially the same person own or nonage the two entities,there are common or commingled funds ar assets;the business entities share the use of the some offices at,emplpyees or otherwise share activities,resuutces or personnel on a regular basis;at 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): 8/28/2026 Marchelle L. Coleman 8/28/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 449 London LLC Agenda Items 9 & 10 page 15 of 17 Disclosure London Center, LLC (Applicant/Owner) Lising of businesses that have a parent-subsidiary or affiliated business entity relationship with Applicant/ Owner Atlantic Heating and Cooling Service, Inc. Mr. Plumber, Inc. Betty's Plumbing and Heating Inc. ALAWLLC 509 London LLC 449 London LLC London Bridge Holdings LLC London Center LLC Splash Management LLC 449 London LLC Agenda Items 9 & 10 page 16 of 17 • • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 449 London LLC Agenda Items 9 & 10 page 17 of 17 1.310 Ifo f R1O RAO I w ` 0 0 ® site 449 London LLC E= zoning 2548 Potters Road 0 Property Polygons s Feet 0 37.5 75 150 225 300 Map created by Planning Department on 8/11/2026 449 LONDON LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 281h day of May,2026, by and between 449 LONDON LLC, a Virginia limited liability company,Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of land located in District #3 of the City of Virginia Beach,containing approximately 2.891 acres and described in Exhibit"A" attached hereto and incorporated herein by this reference,which parcel is hereinafter referred to as the"Property";and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from R-10 Residential District to Conditional 1-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the GPIN: 1497-73-3185-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise;and WHEREAS,the Grantor has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid rho cquo for zoning,rezoning,site plan,building permit,or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees,and other successors in interest or title: 1. The following principal and conditional uses within the I-1 Light Industrial District shall not be permitted on the Property: (a) Automobile service stations; (b) Bars or nightclubs; (c) Eating and Drinking Establishments where food and beverages are consumed onsite; (d) Communication towers; (e) Heliports and helistops; (f) Passenger Transportation Terminals;and (g) Any use which is listed as incompatible with airfield operations at N.A.S.Oceana in APZ-1 or the greater than 75 dbn noise zone in Tables 1 and 2 contained in Article 18 of the CZO. 2 The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions 3 may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Plannwlg Department, and they shall be recorded in the CIerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: 449 London LLC, a Virginia limited liability company By: (SEAL) Wil " mIII�Ox, mber STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of J ur)e- , 2026, by William Wilcox, Member of 449 London LLC,a Virginia limited liability company, Grantor. Notary Publicc� Jennifer Ktetsch Rawlings My Commission Expires: YY�t yt2l�► 3� b�- f WOTAWPUBLIC Notary Registration Number: QD60 e3 93 oO"'Re9�, e Com.Exp.Match 31,2028 5 EXHIBIT "'A" ALL THAT certain lot,piece or parcel of land,with the buildings and improvements thereon, situate,lying and being in Lynnhaven Magisterial District, Princess Anne County (now the City of Virginia Beach),Virginia,and more particularly described as follows: BEGINNING in the northerly line of London Bridge Road at the point of intersection therewith of the boundary line between the property described herein, and/or belonging to the Shepherd Estate as shown on the Plat entitled,"Plat of property situate in Princess Anne County,Virginia,surveyed for Sarah E.Sawyer",made by J.H.Milhulland,dated May,1919, and recorded in the Clerk's Office of the Circuit Court of Princess Anne County (now the City of Virginia Beach),Virginia,in Map Book 6, at Page 15,and running thence along said boundary line North 21 degrees 40 minutes west 849.66 feet, more or less, as far as the law allows, into the waters of Lynnhaven River;thence running along the Lynnhaven River in a line as far out into the bed thereof as the laws of this State permit, (in a general direction North 65 degrees 40 minutes East) 255.59 feet, more or less, to a point in the waters of said river; thence South 21 degrees 40 minutes East 881 feet, more or less to the North line of the said London Bridge Road,and thence along same South 72 degrees 35 minutes West 256 feet more or less to the point of beginning,containing 5.07 acres,more or less;and SAVE AND EXCEPT that portion of said property which was conveyed pursuant to condemnation proceedings for the Virginia Beach - Norfolk Toll Road, as shown on Plat entitled,"Survey of Property of Jaynes F.Wisniewski,et ux.,by W.B.Gallup,Surveyor,dated July 17,1970,which said plat is duly recorded in Deed Book 1192,at Page 154;and SAVE AND EXCEPT all that certain property conveyed to Jaynes E. Hale, E.J. Quesenberry and Victor Debray,Trustees of the London Bridge Baptist Church by Deed dated November 5, 1980, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 2075,at Page 27,and SAVE AND EXCEPT all that certain property conveyed to the City of Virginia Beach by Deed dated July 28,1976,and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1600, at Page 547, and as shown on that certain plat entitled, "Plat of Property to be Acquired for Potters Road and Acquisition of Permanent Drainage Easement, Virginia Beach,Virginia,from Gary Lee Snyder", made by Talbot and Associates,Ltd.,dated January 29,1976,as"Parcel 0005",which said plat is duly recorded in the aforesaid Clerk's Office in Map Book 109,at Page 56. GPIN: 1497-73-3185-0000 AM/-Conditional Rezoning/-449 Landon/ProfferAgreement.dou 6 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #9 & 10 449 London LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next matter is agenda Item 9, 449 London LLC. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Mr. Bourdon: Thank you, Madam Vice Chair. For the record, Eddie Bourdon, Virginia Beach attorney representing the applicant, 449 London LLC,on Items 9 and 10. Ms. Byler: Yes, sir. Mr.Bourdon: And all 7 conditions of the use permit are acceptable for my client. We appreciate being on the consent agenda and appreciate Marchelle's work on this application, and it's based on the landscaping plan that's in this package,not the one that you had on the board this morning. Ms.Byler: Right. Thank you so much. You may be seated. Is there any opposition to this matter being added to the consent agenda? Hearing none, I have asked Commissioner Anderson to read it into the record. Mr.Anderson: Thank you. This is for agenda items 9 and 10, located at 2548 Potters Road. The applicant is requesting a conditional rezoning from R-10 Residential District to Conditional I-1 Light Industrial District, and a conditional use permit for a bulk storage yard, to develop the site with a storage yard for the storage of contractors' vehicles, equipment, and materials on approximately 2.89-acre property. The site is located within the greater than 75 decibel noise zone of the AICUZ and the Accident Potential Zone 1. The proposed use of a bulk storage yard is considered a compatible use within both the noise zone and the APZ 1. As depicted on the conceptual site plan,the property is proposed to be divided into 14 fenced storage lots ranging in size from approximately 3,000 to 5,000 square feet. The conceptual plan also includes a future steel storage building for the storage of materials associated with the operation. In addition, the site is proposed to include a stormwater management facility with a 12-foot-wide maintenance access path surrounding the facility to accommodate ongoing maintenance and inspection activities. Hearing no opposition,we put this on the consent agenda. Ms. Byler: Thank you, Commissioner Anderson. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Schoonover: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Proffers Proffer 1 The following principal and conditional uses within the 1-1 Light Industrial District shall not be permitted on the Property: (a) Automobile service stations; (b) Bars or nightclubs; (c) Eating and Drinking Establishments where food and beverages are consumed onsite; (d) Communication towers; (e) Heliports and helistops; (f) Passenger Transportation Terminals; and (g) Any use which is listed as incompatible with airfield operations at N.A.S. Oceana in APZ-1 or the greater than 75 dbn noise zone in Tables 1 and 2 contained in Article 18 of the CZO. Conditions 1. The site shall be developed in substantial conformance to the conceptual site plan entitled, "Concept Plan-Bulk Storage for 449 London, L.L.0—Virginia Beach, VA 23454", dated 5/29/2026, prepared by VHB, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The site shall be developed in substantial conformance to the conceptual landscape plan entitled, "CONCEPTUAL LANDSCAPE PLAN POTTERS ROAD STORAGE —Virginia Beach,VA", dated 5/29/2026, prepared by VHB, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the 6-foot-tall solid privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and continuously maintained for the duration of the site's use as a Bulk Storage Yard.The required 25-foot-wide landscape yard along the eastern property line adjacent to land zoned R-10 Residential shall be a 10-foot-wide Category VI landscape buffer, pursuant to the deviation under Section 221(i) of the City Zoning Ordinance. The 10-foot-wide Category VI landscape buffer shall be installed and maintained in accordance with the approved site plan for the duration of the use. S. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. From: Cristin Pullman To: Planning Administration Subject: Opposition to Agenda Items 9 and 10—2548 Potters Rd Date: Tuesday,August 11,2026 12:29:35 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Chair and Members of the Planning Commission: am sending this letter as I am not able to attend this week's meeting due to travel.As a 19- year resident of Brookgreen Commons, I respectfully oppose Agenda Items 9 and 10,which would allow an industrial bulk storage yard near established residential neighborhoods within the Lynnhaven Strategic Growth Area.While the staff materials note compatibility with the AICUZ noise zone and Accident Potential Zone,that does not resolve the core land-use issue: this is an industrial storage operation beside residential zoning, near a neighborhood entrance, and close to sensitive waterways. The proposed contractor facility with paved storage lots,vehicles, lighting,and gates is not a neighborhood-compatible transition use.Access from a 35-mile-per-hour road with regular pedestrian and cycling use raises additional safety and compatibility concerns,especially if trucks and heavy equipment enter and leave the site. The number of requested deviations underscore that the proposal is not an appropriate fit for this property as designed.The applicant seeks to reduce the residential-edge buffer to 10 feet despite the need for stronger separation from adjoining residential zoning, and the proposal also raises Chesapeake Bay Protection Area concerns involving tree removal and reduced setback protections from the adjacent waterway. The City's Comprehensive Plan and Lynnhaven Strategic Growth Area vision call for strategic, well-designed,connected growth that protects established neighborhoods and environmental resources.This proposal does neither. A bulk storage yard would instead add to the industrial creep along Potters and London Bridge Roads that is surrounding our neighborhoods.This is to residents'detriment as it affects our home values and quality of life by weakening the transition between industrial activity and our homes while lessening protection for the watershed. For these reasons, I respectfully request that the Planning Commission recommend denial of Agenda Items 9 and 10.Taken together,the deviation from the Lynnhaven SGA,the location in a residential area, Chesapeake Bay Protection Area impacts,and tree removal show that the proposed zoning change and use are an inappropriate match for this property under both applicable regulations and the Comprehensive Plan. Thank you for your consideration. Sincerely, Cristin Pullman 2617 Eton Dr Virginia Beach,VA 23454 �NM e � �*•. V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DOGS REAL ESTATE 2, LLC [Applicant & Property Owner] Conditional Use Permit(Residential Kennel) for the property located at 1652 Flanagans Lane (GPIN 2413579634). COUNCIL DISTRICT 2 (Henley) MEETING DATE: September 15, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Residential Kennel for up to 12 dogs on a 5.38-acre parcel. The property will function as a sanctuary for elderly or disabled dogs, with no other animal types present. All dogs will live inside the existing dwelling; no outdoor kennels are proposed. Outdoor activity will be limited to bathroom breaks and fresh air. The yard is professionally maintained weekly, and the designated bathroom area is cleaned multiple times per day. The applicant previously operated a similar use under a Conditional Use Permit at another location but purchased the subject property after outgrowing the previous location. No zoning complaints or violations occurred at the prior location. The use will be operated solely by the applicant and will not be open to the public. ■ Considerations: Staff and the Planning Commission recommend approval of the request as proposed. The proposed Residential Kennel is located within the Courthouse Context Area and Transition Area, which envisions low-impact, low-density residential, low-intensity non-residential, open space and recreational, and agricultural uses. The use will provide a needed and valuable service to the community and is considered compatible. Staff received three letters of support and a petition of support with 10 signatures as well as one letter of opposition. The opposition noted concerns related to noise, traffic, odor, sanitation, and setting a precedent for commercial uses in residential areas. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. No more than 12 dogs shall be housed on the property at any given time. Dogs Real Estate 2, LLC Page 2 of 2 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. All dogs must be properly vaccinated and immunized, as well as licensed through the City of Virginia Beach. 4. Daycare, Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. 5. There shall be no breeding of dogs on the site. 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. 7. The previous Conditional Use Permit for a Residential Kennel approved by the Virginia Beach City Council on March 15th, 2016, shall be considered null and void. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Petition of Support (10 Signatures) Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r� 3 Submitting Department/Agency: Planning Department f City Manager: P)�� Agenda Applicant & Property Owner: Dogs Real Estate 2, LLC Planning Commission • 2026 V_B� CouncilCity District: Project Details Request Conditional Use Permit (Residential Kennel) Staff Recommendation 4 °✓Approval y���� Staff Planner J"% 1 r f '. �. Arianna Low I ° Location 1652 Flana ans Lane GP/N 2413579634r A , Site Size 5.38 acres A/CUZ - Less than 65 dB DNL Watershed ...®� Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-Family Dwellings/ R-20 Residential South Flanagans Lane Single-Family Dwelling/AG-2 Agricultural East Single-Family Dwelling/AG-2 Agricultural West BMP, Single-Family Dwellings/ P1 (PD-H2) Preservation, R-30 Residential Dogs Real Estate 2, LLC Agenda Item 12 page 1 of 11 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Residential Kennel for up to 12 dogs on this 5.38-acre, AG-2 Agricultural District zoned parcel. • The parcel includes a 5,500 square foot primary single-family dwelling, a pool house, 3 storage sheds, a barn, and several outbuildings on the property. The property has 2 fully fenced-in pastures. • The property will be used as a sanctuary for old or disabled dogs. No other animal types will be present. The dogs will retire or live out the remainder of their life at the property.The applicant proposes no more than 12 dogs on site at a time. • All dogs will reside in the existing primary dwelling. No outdoor kennels are proposed.The dogs will only be outside for bathroom breaks and fresh air.The yard is professionally maintained on a weekly basis, and the designated bathroom area for the dogs is cleaned multiple times a day. • The applicant previously operated the use at another location under a Conditional Use Permit. As the use expanded, the applicant outgrew that location and purchased the subject property to accommodate the growing need. There were no zoning complaints or violations associated with the kennel operation at the applicant's previous location.The Zoning Ordinance allows up to 4 personal dogs on a property without a Conditional Use Permit. Since 12 dogs are proposed to be kept on the property, a Conditional Use Permit is required. • In March of 2016, a Conditional Use Permit for a Residential Kennel for up to 8 dogs was granted for a different applicant. Dogs Real Estate 2, LLC Agenda Item 12 page 2 of 11 HistoryZoning Map Key Request ,r ' vptop), MDC Approved 08/09/2011i CRZ (AG-1 and AG-2 to Conditional R-20 and from AG- �� r 1 and AG-2 to Conditional P-1) AGI! ,. Approved 08 12 2003 1 CUP(Open Space)Approved { f / / acz 3 CUP (Recreational and Amusement Facilities of an outdoor nature) Approved ;' A02' 08/12/2003 CRZ (Conditional R-30 and P-1 Application Types with a PDH-2 Overlay to CUP: Conditional Use MDP: Modification of Proffers Conditional R-30 and P-1 with Permit NON: Nonconforming Use a PDH-2 Overlay) Approved REZ: Rezoning STC:Street Closure 2 05/10/2005 CRZ: Conditional FVR:Floodplain Variance SVR Approved 02/24/2004 Rezoning ALT Alternative Compliance STC Approved 02/24/2004 MDC: Modification of SVR:Subdivision Variance CRZ (AG-1 and AG-2 to Conditions LUP: Land Use Plan Conditional PDH2) Approved STR:Short Term Rental 02/24/2004 3 CUP(Residential Kennel) Approved 03/15/2016 EvaluationRecommendation The request for a Conditional Use Permit for a Residential Kennel is, in Staff's opinion, acceptable. The property is in the Courthouse Context Area and Transition Area, which envisions low-impact, low-density residential, low-intensity non-residential, open space and recreational, and agricultural uses. The dogs will generally be kept inside the home, and no outside kennel structure is proposed.Traffic levels will remain at a low intensity, as the owners are the sole employees for the residential kennel, and the kennel is not open to the public. The applicant previously owned a kennel in another location, under a Conditional Use Permit, and complied with all requirements. Staff has received 3 letters of support, a petition of support with 10 signatures, and 1 letter of opposition regarding this request. Staff does not anticipate any adverse impacts to the surrounding residential properties as a result of this request. Based on these considerations, Staff recommends approval of this request subject to the conditions below. Dogs Real Estate 2, LLC Agenda Item 12 page 3 of 11 Recommended Conditions 1. No more than 12 dogs shall be housed on the property at any given time. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. All dogs must be properly vaccinated and immunized, as well as licensed through the City of Virginia Beach. 4. Daycare,Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. 5. There shall be no breeding of dogs on the site. 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. 7. The previous Conditional Use Permit for a Residential Kennel approved by the Virginia Beach City Council on March 15th, 2016, 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. Comprehensive The Comprehensive Plan identifies the site as being located within the Courthouse Context Area, the Transition Area, and within an Agriculture Non-Place Type. The Transition Area will continue to support low- density residential and residential-serving uses while prioritizing the preservation of open space (p 126, imagineVB 2040 Comprehensive Plan). The goals of this area are to provide neighborhood well-being and safety(p. 129, imagineVB 2040 Comprehensive Plan), while also protecting the health, safety, and wellbeing of neighborhoods (p. 129, imagineVB 2040 Comprehensive Plan). Uses should be limited to low-impact, low-density residential, low- Dogs Real Estate 2, LLC Agenda Item 12 page 4 of 11 intensity non-residential, open space and recreational, and agricultural (p. 8, Transition Area Design Guidelines). Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Unknown ADT 1(LOS a Existing Land Use 2-10 ADT Flanagans Lane Unknown ADTl D ) Proposed Land Use 3-10 ADT 1 Average Daily Trips 2As defined by an 'As defined by a 5.38 'LOS = Level of 5.38 acres Residential acres Residential Service Kennel Kennel Master Transportation Plan(MTP)and CapitalImprovement Program(C/P) Flanagans Lane is a two-lane local residential cul-de-sac street.The roadway is not included in the MTP and no roadway CIP projects are slated for this area. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. ImpactsPublic Utility Water and Sewer City water and sewer are not available to the property. Dogs Real Estate 2, LLC Agenda Item 12 page 5 of 11 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. 3 letters of support have been received by Staff. A petition of support with 10 signatures was received. 1 letter of opposition were received. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 29, 2026, and August 5, 2026. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 1, 2026 and September 8, 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 31, 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 September 11, 2026. Dogs Real Estate 2, LLC Agenda Item 12 page 6 of 11 Proposed Layout Primary Dwelling V Dogs Real Estate 2, LLC Agenda Item 12 page 7 of 11 Site Photos lam' .'`�.� wa:"i- «, S ,+S' � '� - R—'S `� .,rir_ •lac.....;--. .,,.�,y ' �I� :::::exuniiHH;H;�i �aiin II''IIhit' i,i'_.".:',�jj,�,lfftpp'l{ !!',r, ! •�.;. Fl ':.: �I ,•��) �����1���III��II�II���I���I� �1 �II�lI� � • "'^',.�.. � � I IIIIII I III �. Disclosure rrCITY • V BEACH Statement VIRGINIA Disclosure Tile 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 merest under Virginia law. Completion and submission of this form is required forall applications that pertain to City real estate matters or to the development andlor use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, of other bodies. SECTIONDISCLOSURE APPL ICAN1 IM-ORMATION Applicant Name_ as lister,'or,application Dogs Real Estate 2, LLC Is Applicant also the Owner of the subject property? Yes@ No0 f rjc�,Propert✓Owner must romnlete SECTION2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ NoO tf yes,name Representative, Delphine G.Carnes Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary r or offiliated business entity z relationship with the opplicant.(Attach list if necessary) Delphine G.Carnes and Michael A.Jelinek 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 NoO If yes,name the offidol or employee,and describe the noto: 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 andlor individual providing such services must be Identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity andlor individual Financing(mortgage,deeds of trust, O O cross-collateralitation,etc.) Real Estate Broker/Agent/Realtor 010 Disclosure Statement I rev. M a y-2024 page 1 of 3 Dogs Real Estate 2, LLC Agenda Item 12 page 9 of 11 APPLICANTDisclosure Statement SECTION 1: continued SERVICE YES NO SERVICE PROVIDER Nome emit and or individual) Accounting/Tax Return Preparation Architect/Designer/landscape 0 Q Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 e Legal Services 0 APPLICANT CERTIFICATION READ.t certify that all information contained in this form is complete,true,and acrurc te-l 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 w ow"e G.Ctii.r"rsan&t&_ 5,23,2azte Applicant Name(Print) Applicant Signature Date t"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."see State and Local Government Conflict of Interests Act VA.Code§2.2-3101. '"Affillated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when{il one business entity has a controlling ownership interest in the other business entity,fii; a controlling owner in one entity is also a controlling owner in the other entity,or(iiij there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity reiorionship 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 shore activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entitles."See State and Local Government Conflict of Interests Act, Va_Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): August 25, 2026 Arianna Low .cQuCanCL ,L eur August 25, 2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Dogs Real Estate 2, LLC Agenda Item 12 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. Dogs Real Estate 2, LLC Agenda Item 12 page 11 of 11 R20(oP) A'G2 AG1 a 0 0 a , : A HgGgNS G2 < �H 1 ® site Dogs Real Estate 2, LLC N Zoning 1652 Flanagans Lane `*).. [� Property Polygons s Feet 0 62.5 125 250 375 500 Map created by Planning Department on 8/11/2026 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #12 Dogs Real Estate 2 LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is agenda item 12, Dogs Real Estate 2, LLC. Is there a representative here to speak on this? Welcome. Please state your name for the record. Ms. Correns: Good afternoon. My name is Delphine Correns. Ms.Byler: Thank you,ma'am. Are the conditions acceptable to you? Ms. Correns: Yes, ma'am, and thank you so much to members of the Commission and to the planning staff,particularly Ms. Arianna Low,who was really helpful to us. Ms. Byler: Thank you. You may be seated. Is there any opposition to this matter being added to the consent agenda? Hearing none,I have asked Commissioner Cromwell to read it into the record. Mr. Cromwell: This application is located at 1652 Flanagans Lane. The applicant is requesting a conditional use permit to operate a residential kennel for up to 12 dogs on this 5.38 acre site AG2 Agricultural District zoned parcel. The parcel includes a 5,500 square foot primary single-family dwelling, a pool house, 3 storage sheds, a barn, and several outbuildings. The property will be used as a sanctuary for old or disabled dogs. No other animal types will be present. Dogs will retire or live out the remainder of their life at the property. The applicant proposes no more than 12 dogs at a time. All dogs will reside in the existing primary dwelling. No outdoor kennels are proposed. The dogs will only be outside for bathroom breaks and fresh air. The zoning ordinance allows for up to 4 personal dogs on a personal property without a conditional use permit. Since 12 dogs are proposed to be kept on the property, a conditional use permit is required. Hearing no opposition to this,we put it on the consent agenda. Ms. Byler: Thank you, Commissioner Cromwell. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Byler: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 1 I to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. No more than 12 dogs shall be housed on the property at any given time. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. All dogs must be properly vaccinated and immunized, as well as licensed through the City of Virginia Beach. 4. Daycare,Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. 5. There shall be no breeding of dogs on the site. 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. 7. The previous Conditional Use Permit for a Residential Kennel approved by the Virginia Beach City Council on March 15th. 2016, 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. Outlook Fwd: From jerry donnelly <jerrydonnelly757@gmail.com> Date Mon 8/3/2026 9:44 AM To Arianna Low <ALow@vbgov.com>;Jerry Donnelly <jerry@onelifefitness.com>;Adele <adelesells757@gmail.com> CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Reference to letter recieved from PLANNING & COMMINITY DEVELOPMENT GPIN 2413579643 accela records 2026-PCCC-00109 Property Owner: Dogs Real Estate 2 LLC 1652 Flanagans Lane Public hearing 8/12/2026 Dear Mebmers of the Planning Commission, am writing to express my strong opposition to the proposed kennel permit that would allow up to 12 dogs on the property adjacent to my home. My family lives directly next to this property, and we are deeply concerned about the impact a commercial-scale kennel would have on our neighborhood. This is not an isolated property—it backs up to three established residential neighborhoods where families have chosen to live because of the quiet, residential character of the area. One of our greatest concerns is noise. Even well-trained dogs bark, and with up to 12 dogs, the likelihood of frequent barking increases significantly. Young children, MILITARTY, shift workers, and families deserve the ability to sleep, enjoy their backyards, and live peacefully without the constant disruption that can come from a kennel operation. Beyond noise, there are several other concerns: • A substantial decline in the quiet enjoyment of neighboring properties. • Increased odors associated with housing and caring for multiple dogs. • Additional vehicle traffic from clients dropping off and picking up animals. • Potential sanitation and waste management concerns. • A negative impact on nearby property values and the desirability of our neighborhood. • Safety concerns should dogs escape or interact with neighboring residents, children, or pets. • Setting a precedent for commercial-type operations within a residential community. While I understand and respect the desire of property owners to operate a business, believe a kennel of this size is incompatible with a residential setting. The interests of one property owner should not outweigh the quality of life of the many families who live around the property. respectfully ask that the proposed kennel permit be denied in order to preserve the peaceful character, safety, and livability of our neighborhood for current and future residents. Thank you for your time and thoughtful consideration of the concerns of those who will be most directly affected by this proposal. Sincerely, William Donnelly 2933 Weston Loop Virginia Beach Va. 23456 (757) 342 6017 May 29,2026 Ms. Alexis Bailey Department of Planning& Community Development 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 Dear Ms. Bailey, I am writing in support of the application for a residential kennel license for property located at 1652 Flanagans Lane in Virginia Beach,which was submitted by Delphine Carries and Michael Jelinek who are the owners of Dogs Real Estate 2,LLC. I own and operate Healing With Heart Veterinary Care located at 2111 Princess Anne Road in Virginia Beach and I have known Michael and Delphine for several years as the primary veterinarian for all of their dogs. Over the years, I have cared for their dogs and can attest to their commitment to the health and wellbeing of each of their pets. Michael and Delphine have adopted several elderly and disabled dogs,mostly from Virginia Beach Animal Care and Adoption Center. Most of their dogs have required additional medical treatment beyond routine preventative care. Michael and Delphine have always made sure their dogs receive ongoing medical attention, including surgeries when necessary. They are also very proactive in ensuring their dogs are vaccinated and given appropriate supplements and prophylactic treatment. While ongoing veterinary care can be expensive for pet owners, particularly with senior dogs, I know first-hand that Michael and Delphine make sure their dogs receive the best ongoing medical care, from wellness checkups to dental work and surgical procedures, no matter the cost. Michael and Delphine are attentive, compassionate and thoughtful dog owners, and I support their continued efforts to adopt elderly and disabled dogs. I hope the City of Virginia Beach will favorably consider their kennel license application. XLP'eo Marie Deavers,DVM Healing with Heart Veterinary Care f June 2,2026 Ms. Alexis Bailey Department of Planning&Community Development 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 Dear Ms. Bailey, I am writing in support of the application for a residential kennel license for property located at 1652 Flanagans Lane in Virginia Beach,which was submitted by Delphine Carnes and Michael Jelinek who are the owners of Dogs Real Estate 2, LLC and operate Reject's Sanctuary for Senior and Disabled Dogs. I am the Shelter Manager for the City of Virginia Beach Animal Services Bureau, also known as Virginia Beach Animal Care and Adoption Center ("VBACAC"). Over the years, Michael and Delphine have adopted numerous elderly and disabled dogs from VBACAC and we are grateful for their partnership,particularly since they created the Sanctuary and started operating at their location on Robinson Road.Specifically,Michael and Delphine have adopted the following dogs: Sandy (9/22/22) who has since passed away, Gia (10/22/22) who passed away, Maya formerly known as Beetlejuice (5/l/23), Grizzly (6/l/24), Lumpy formerly known as Little Girl (11/5/24)who has since passed away,Mavis(2/28/25),Midnight Badger(5/17/25),Holly(9/7/25), Fievel formerly known as Mya (8/9/25) who has since passed away, Piggly formerly known as Sunday (10/26/25) who has since passed away, Prancer (1/1/26), Rousey (1/18/26) and Meisha (I/18/26), and most recently The Gremlin formerly known as Dotori (4/13/26). All of these dogs have challenges that made their potential adoption very difficult,and most of them require ongoing medical treatment and sometimes surgery. Several of these dogs were not available for general adoption due to their severe medical conditions. ' Michael and Delphine have also fostered several of our dogs: Lucy, Wonka (formerly known as Mish Mosh), Nala,Dosier, Lulu and Titan. Two of those dogs found adoptive families while they were fostered by Michael and Delphine (Lucy and Wonka). Whenever they foster our dogs, they focus on dogs who need it the most and are having trouble finding families or are deteriorating in the shelter environment. I know that Michael and Delphine make sure their dogs receive love,attention and the best ongoing medical care.They are very compassionate and thoughtful dog owners,and I am grateful for their support as we continue to care for so many unwanted dogs. They are a great resource for VBACAC and for the community. I hope the City of Virginia Beach will favorably consider their kennel license application. Sincerely, Jessica Wilde June 1, 2026 Dear neighbors, We recently moved into the house located at 1652 Flanagans Lane,and plan to operate a small sanctuary for elderly and disabled dogs. We have already created a 501(c)(3) entity called Reject's Sanctuary for Senior and Disabled Dogs. We are passionate about giving a comfortable and loving home to older and disabled dogs who have a hard time getting adopted from local shelters. We partner primarily with the Virginia Beach Animal Care and Adoption Center("VBACAC"):they contact us when they have elderly dogs or dogs in need of ongoing medical care who tend to deteriorate in a shelter environment. Our goal is to care for up to twelve dogs at a time and provide them a forever home.They will stay with us for the rest of their lives-we will not adopt them out,they become members of our family.This is our home,and we personally take care of the dogs. The sanctuary will not be open to the public. We will not build any outdoor kennels and all our dogs will stay indoors,other than for play time in our fenced backyard,walks, and bathroom breaks. We are currently applying to the City for a"kennel license",which is the conditional use permit that would allow us to have more than four dogs on the property. We would very much appreciate your support for that application. If you can, please indicate your support of our application for a kennel license by signing in the spaces provided below. Please return the signed letter to our mailbox or call us if you would like us to pick it up. If you have any questions, we would love to discuss this with you in more details. You can reach us by calling or texting 757-677-6092 (Delphine) and 757-574-7500 (Michael). You can also email us at u� ;i Ei i._'car� esiaw.ct We appreciate your help in making this sanctuary a success. Sincerely, Delphine Carnes and Michael Jelinek Signature:�o�„a _,_ „ � ,�zvl� Signature: Name: IA bud«,�h Name: Address: 155a -C\,n,(A :, in Address: A—` E(n Signature: c , Signature!"" Name. Name: ) //t/,_Jr 1 '0 L Address:-�ii<? w kti_ Address: /:5 Y, �\J /9 (� Signature: c J^ � Signature: C Name: toyW IS a Name: t-�J - -r- Address:—[.7 3 V �� t�.Gov f' Address: June 1, 2026 Dear neighbors, We recently moved into the house located at 1652 Flanagans Lane, and plan to operate a small sanctuary for elderly and disabled dogs. We have already created a 501(c)(3) entity called Reject's Sanctuary for Senior and Disabled Dogs. We are passionate about giving a comfortable and loving home to older and disabled dogs who have a hard time getting adopted from local shelters. We partner primarily with the Virginia Beach Animal Care and Adoption Center("VBACAC"):they contact us when they have elderly dogs or dogs in need of ongoing medical care who tend to deteriorate in a shelter environment. Our goal is to care for up to twelve dogs at a time and provide them a forever home.They will stay with us for the rest of their lives-we will not adopt them out,they become members of our family.This is our home,and we personally take care of the dogs. The sanctuary will not be open to the public. We will not build any outdoor kennels and all our dogs will stay indoors,other than for play time in our fenced backyard,walks, and bathroom breaks. We are currently applying to the City for a"kennel license",which is the conditional use permit that would allow us to have more than four dogs on the property. We would very much appreciate your support for that application. If you can, please indicate your support of our application for a kennel license by signing in the spaces provided below. Please return the signed letter to our mailbox or call us if you would like us to pick it up. If you have any questions, we would love to discuss this with you in more details. You can reach us by calling or texting 757-677-6092 (Delphine) and 757-574-7500 (Michael). You can also email us at zc r,u, �f o u11wa.We appreciate your help in making this sanctuary a success. Sincerely, Delphine Carnes and Michael Jelinek Signature: I Signature: Name: Uy n n Pvl`j{ I p,q �e_ Name: Address: 1)4 u Ci ��, (�, r , 1Zc(, Address: Signatur /' r �� Signature: Name: Name: Address. Address: Signature: Signature: Name: Name: Address: Address: June 1, 2026 Dear neighbors, We recently moved into the house located at 1652 Flanagans Lane,and plan to operate a small sanctuary for elderly and disabled dogs. We have already created a 501(c)(3) entity called Reject's Sanctuary for Senior and Disabled Dogs. We are passionate about giving a comfortable and loving home to older and disabled dogs who have a hard time getting adopted from local shelters. We partner primarily with the Virginia Beach Animal Care and Adoption Center("VBACAC"):they contact us when they have elderly dogs or dogs in need of ongoing medical care who tend to deteriorate in a shelter environment. Our goal is to care for up to twelve dogs at a time and provide them a forever home. They will stay with us for the rest of their lives-we will not adopt them out, they become members of our family.This is our home, and we personally take care of the dogs. The sanctuary will not be open to the public. We will not build any outdoor kennels and all our dogs will stay indoors,other than for play time in our fenced backyard, walks, and bathroom breaks. We are currently applying to the City for a"kennel license",which is the conditional use permit that would allow us to have more than four dogs on the property. We would very much appreciate your support for that application. If you can, please indicate your support of our application for a kennel license by signing in the spaces provided below. Please return the signed letter to our mailbox or call us if you would like us to pick it up. If you have any questions, we would love to discuss this with you in more details. You can reach us by calling or texting 757-677-6092 (Delphine) and 757-574-7500 (Michael). You can also email us at ricarnes!2delphinecarneslaw com. We appreciate your help in making this sanctuary a success. Sincerely, Delphine Carnes and Michael Jelinek Signatur Signature: Name: Name: Address: r C� N � Address: Signature: Signature: Name: Name: Address: Address: Signature: Signature: Name: Name: Address: Address: June 1, 2026 Dear neighbors, We recently moved into the house located at 1652 Flanagans Lane, and plan to operate a small sanctuary for elderly and disabled dogs. We have already created a 501(c)(3) entity called Reject's Sanctuary for Senior and Disabled Dogs. We are passionate about giving a comfortable and loving home to older and disabled dogs who have a hard time getting adopted from local shelters. We partner primarily with the Virginia Beach Animal Care and Adoption Center("VBACAC"):they contact us when they have elderly dogs or dogs in need of ongoing medical care who tend to deteriorate in a shelter environment. Our goal is to care for up to twelve dogs at a time and provide them a forever home.They will stay with us for the rest of their lives-we will not adopt them out,they become members of our family.This is our home, and we personally take care of the dogs. The sanctuary will not be open to the public. We will not build any outdoor kennels and all our dogs will stay indoors,other than for play time in our fenced backyard, walks, and bathroom breaks. We are currently applying to the City for a"kennel license",which is the conditional use permit that would allow us to have more than four dogs on the property. We would very much appreciate your support for that application. If you can, please indicate your support of our application for a kennel license by signing in the spaces provided below. Please return the signed letter to our mailbox or call us if you would like us to pick it up. If you have any questions, we would love to discuss this with you in more details. You can reach us by calling or texting 757-677-6092 (Delphine) and 757-574-7500 (Michael). You can also email us at dcarnesCidelphinecarrieslaw.corn. We appreciate your help in making this sanctuary a success. Sincerely, Delphine Carnes and Michael Jelinek � j Signature: Signature: Name:_ S Name: Address:�� _�(c y y c� „S t,&) Address: Signature: Signature: Name: Name: Address: Address: Signature: Signature: Name: Name: Address: Address: SJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CLARK NEXSEN, INC. [Applicant] VIRGINIA PILOT ASSOCIATION TRUST [Property Owner] Conditional Use Permit (Dormitories for Marine Pilots) & Conditional Use Permit (Commercial Marina) for the property located at 3329 Shore Drive (GPIN 1489787712). COUNCIL DISTRICT 8 (Cummings) MEETING DATE: September 15, 2026 ■ Background: The applicant is requesting two Conditional Use Permits, one for a Commercial Marina and another for Dormitories for Marine Pilots. The applicant intends to redevelop this site with a facility for marine maintenance, administrative oversight, and dormitories for the Virginia Pilot Association on this 13,920-square-foot B-4 Mixed Use district zoned parcel. The Virginia Pilot Association has operated from this location since 1986. The proposal will replace the existing aging facility with a modern operations center that consolidates marine maintenance, administrative offices, dispatch functions, training space, and residential dormitories for pilots during on-call rotations. The facility is a secure, private operation and is not open to the general public. To maintain uninterrupted operations, redevelopment will occur in two phases over an approximately 18-month construction period. Phase One includes demolition of the existing pilot station and construction of the new facility. Once the new building is complete, the existing maintenance shop will be removed, and the remaining site improvements will be completed during Phase Two. The proposed building contains approximately 14,625 square feet and will have a maximum height of 55 feet, 11 inches. The architecture incorporates durable coastal materials, including brick masonry, Accoya wood siding, and a standing seam metal roof, all of which are well suited for the waterfront environment. The design also includes architectural elements such as a pitched roof, articulated building elevations, balconies, extensive glazing, and landscaped frontage that are consistent with the Shore Drive Corridor Design Guidelines. The site plan provides the 36 parking spaces required by the Zoning Ordinance based on the mix of office, dormitory, lodging, and marine service uses. The applicant is requesting a front yard setback deviation due to the narrow configuration of the property to allow a 0-foot front setback where a 35-foot front Clark Nexsen, Inc. Page 2 of 5 setback is required. Even with this deviation, the building will remain approximately 75 feet from the edge of the Lesner Bridge. Portions of the proposed development extend into the City's right-of-way along Cape Henry Drive. Should this application be approved, the applicant will be required to obtain a separate Encroachment Agreement approved by City Council before site plan approval. The site is subject to an existing encroachment agreement for existing improvements associated with the site that are located within the Cape Henry Drive right-of-way. ■ Considerations: The proposal is consistent with the intent of the Coastal Neighborhood Place Type. While that place type emphasizes residential development, it also supports limited non-residential uses that serve the surrounding community and waterfront. Staff finds this proposal represents a unique maritime-related use that supports the Port of Virginia while maintaining compatibility with the surrounding neighborhood. The proposed building has also been designed to complement the Shore Drive corridor through high-quality architecture, durable coastal materials, and enhanced landscaping. Because the property is located within the Shore Drive Corridor Overlay District, the applicant presented the proposal to the Bayfront Advisory Commission on July 16, 2026. Following its review, the Commission voted unanimously in support of the application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Conditional Use Permit for Commercial Marina 1 . If an Encroachment Agreement is approved by the City Council, there shall be a 0-foot front setback for the proposed building. This 0-foot setback is a deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 2. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION — PILOT STATION - Site Plan — Phase 2, SHEET CS101 b", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Clark Nexsen, Inc. Page 3 of 5 3. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION — PILOT STATION — LANDSCAPE PLAN, SHEET LP101", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department") 4. The site shall be developed in substantial conformance with the elevations entitled "Pilot Station", prepared by Clark Nexsen dated March 16, 2026, and the building renderings entitled "PILOT STATION — BUILDING RENDERINGS", dated March 16, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 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. Prior to site plan approval and release, the applicant shall obtain City Council approval of an Encroachment Agreement. Approval of this Conditional Use Permit application does not guarantee approval of the Encroachment Agreement, which is subject to separate review and approval by City Council. 7. 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. 8. Prior to site plan approval, the applicant shall submit a photometric lighting plan, in accordance with Appendix A, Article 2, Section E of the Zoning Ordinance, for review and approval. 9. All provisions in the Virginia Statewide Prevention Code, Chapter 36— Marinas, shall be adhered to and maintained. 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. Clark Nexsen, Inc. Page 4 of 5 Conditional Use Permit for Dormitories for Marine Pilots 1. If an Encroachment Agreement is approved by the City Council, there shall be a 0-foot front setback for the proposed building. This 0-foot setback is a deviation from the 35-foot front yard setback required by the City Zoning Ordinance. 2. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION — PILOT STATION - Site Plan — Phase 2, SHEET CS101 b", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). 3. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION — PILOT STATION — LANDSCAPE PLAN, SHEET LP101", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department") 4. The site shall be developed in substantial conformance with the elevations entitled "Pilot Station", prepared by Clark Nexsen dated March 16, 2026, and the building renderings entitled "PILOT STATION — BUILDING RENDERINGS", dated March 16, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 5. Prior to site plan approval and release, the applicant shall obtain City Council approval of an Encroachment Agreement. Approval of this Conditional Use Permit application does not guarantee approval of the Encroachment Agreement, which is subject to separate review and approval by City Council. 6. Prior to issuance of a site plan approval, the applicant shall demonstrate compliance with all applicable requirements of Appendix K of the City Zoning Ordinance and applicable floodplain regulations. 7. Portions of the proposed structure may require an administrative variance pursuant to Appendix K, Section 6.1, for a water-dependent use. Any variance request shall be submitted and reviewed during the site plan review process. The applicant shall demonstrate that the request is limited to the minimum extent necessary to allow the water-dependent component of the proposed use and incorporates flood-resistant design measures to the greatest extent practicable. Clark Nexsen, Inc. Page 5 of 5 8. Final site design, structural details, and any required floodplain documentation shall be subject to review and approval by the appropriate City departments during the site plan review process. Approval of this application does not waive compliance with any applicable floodplain, stormwater, building, or safety requirements. 9. 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. 10.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. 11.Prior to site plan approval, the applicant shall submit a photometric lighting plan, in accordance with Appendix A, Article 2, Section E of the Zoning Ordinance, for review and approval. 12.City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager,Pj�9 Agenda Applicant: Property •wner: Virginia Pilot Associationvs ' • • • 1 . CouncilCity Project Details Requests Conditional Use Permit (Commercial Marina) Conditional Use Permit (Dormitories for Marine Pilots) !'yFs yA O Staff Recommendation 'Cy ec y ye Approval ���,, y Staff Planner Ps2�p p0. SHORE OR to ¢ Marchelle Coleman r -�11. OAPk HENRY OR E51U RY _; u Location haven Blot& jT9 �YNNNAVE Oq o�F,,.Wy 3329 Shore Drive q � s GPIN 1489787712 Site Size x, 13,920 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Dormitory/ B-4 Mixed Use SHORED' ,., Surrounding Land Uses and Zoning Districts n North CA HENRY dR Cape Henry Drive and Shore Drive 1 Multi-Family Dwellings/ B-4 Mixed Use South Lynnhaven Bay East Dormitory/ B-4 Mixed Use West Lynnhaven Bay Clark Nexsen, Inc. Agenda Items 15 & 16 page 1 of 30 Background SummaryofProposal • The applicant is requesting Conditional Use Permits for a Commercial Marina and Dormitories for Marine Pilots to redevelop this site with a facility for marine maintenance, administrative oversight, and dormitories for the Virginia Pilot Association on this 13,920 square foot B-4 Mixed Use district zoned parcel. • The existing Virginia Pilot Association facility has operated on this site since 1986.The Virginia Pilot Association's mission is to ensure the safe and efficient navigation of vessels through the Port of Virginia, protecting maritime commerce, public safety, and the environment. As state-commissioned and licensed pilots, the Association provides 24-hour, year-round pilotage services, guiding commercial, government, and naval vessels through the Chesapeake Bay, harbor channels, and inland waterways. • The redevelopment will require the demolition of the existing facility; however, the applicant proposes to redevelop the site in phases in order to keep the existing shop facility active until the new building is operational.The proposed redevelopment is anticipated to be completed over an approximately 18-month construction period and will occur in two phases. Phase 1 includes the demolition of the existing Pilot Station, which is anticipated to begin in December 2026 or January 2027, followed by construction of the new Pilot Station beginning during the first quarter of 2027. Construction of the new facility is anticipated to be completed by May or June 2028. Phase 2 includes the demolition of the existing Maintenance Shop, anticipated to occur in May or June 2028, followed by completion of the exterior site improvements. Overall project completion is anticipated in July 2028. • The applicant is seeking to replace the existing pilot house with a modern, integrated operations center designed to streamline maritime safety services. The new facility will consolidate marine maintenance, administrative oversight, and essential living/training quarters into one building.The Virginia Pilot Association is a secure, private facility and is not open to the general public. Access is strictly controlled via gated entry, with no pedestrian traffic anticipated. • The facility, as stated previously, will be comprised of a marine shop for maintenance with dedicated bays for boat repair and mechanical work, a professional office suite for administrative operations and dispatch control centers, as well as pilot quarters with residential dormitories and training rooms for pilots during on-call rotations. • The existing bulkhead supports the operation of the Marine Pilots to have easy access to the pilot boats for operations, as needed. • Portions of the site are located within the Special Flood Hazard Area, Zone AE, with a Base Flood Elevation of 7 feet. Additionally, portions of the property are also located within the Limit of Moderate Wave Action (LiMWA) as defined by the Federal Emergency Management Agency (FEMA). Since portions of the proposed structure are impacted by the LiMWA, the entire structure will be required to meet the requirements of the City's Floodplain Ordinance (Appendix K), including constructing the building on a pile Clark Nexsen, Inc. Agenda Items 15 & 16 page 2 of 30 foundation and elevating the building so that the lowest horizontal structural member is at least 3 feet above the Base Flood Elevation. • Since the proposed marine shop is considered a water-dependent use, requiring a lower elevation than would typically be permitted, an Administrative Variance must be submitted during the formal site plan review process in accordance with the City's Floodplain Ordinance. Only the portion of the building that is water-dependent will qualify for the variance. • As shown on the building elevations and renderings, the proposed 14,625 square foot building will have a maximum building height of 55 feet, 11 inches, and will be finished with materials consisting of a blend of brick masonry, Accoya wood siding, and a standing seam metal roof.These materials were chosen due to their inherent durability in a high-salinity marine environment. • The proposed hours of operation are 24 hours a day, seven days a week. There are 15 employees anticipated per shift. • Per Section 203 of the City Zoning Ordinance, the proposed development is required to provide a total of 36 parking spaces.The parking requirement is calculated based on the proposed mix of uses, including 6,015 square feet of office space, which requires 19 spaces (1 space per 330 square feet); 7 lodging units, requiring 7 spaces (1 space per lodging unit); a service area with 7 employees on the maximum working shift, requiring 7 spaces (1 space per employee); and 6 dormitory units, requiring 3 spaces (1 space per 2 lodging units).The site plan, which proposes 36 parking spaces, satisfies the minimum parking requirement established by Section 203 of the Zoning Ordinance. • Should this request be approved, a separate Encroachment Agreement will be required to be approved by the City Council, as noted in Condition 6, to accommodate existing and proposed site and building improvements that extend into the public right-of-way.The Encroachment process is facilitated by the Department of Public Works, separate from the subject requests. The applicant has submitted the request to the Department of Public Works, and the review is ongoing. • As part of this request, the applicant is also seeking a deviation from the front yard setback requirements pursuant to Section 221(i) of the Zoning Ordinance. While the Ordinance requires a minimum front yard setback of 35 feet, a 0-foot setback is requested due to the narrow width of the lot. Although the proposed development will encroach into the public right-of-way of Cape Henry Drive, the building will remain approximately 75 feet from the edge of the Lesner Bridge. • Since the property is located within the Shore Drive Corridor Overlay District, the applicant appeared before the Bayfront Advisory Commission (BAC) on July 16, 2026, to brief the Commission on the proposal. More detailed information regarding this meeting is provided in the evaluation section of this report. Clark Nexsen, Inca Agenda Items 15 & 16 page 3 of 30 Zoning History # Request l y , MDC Approved 05/18/2021 4 D 1 MDC Approved 07/08/2014 CUP (Multi-family Dwellings)Approved SHORE DRµ 12/07/2004 MDC Approved 06/27/1995 SHORE DR MDC Approved 02/28/1995 CAPE HENRY• 2 CUP(Watercraft Rentals) Approved car DR- 03/22/1994 B4 B4(SD) 2 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 Clark Nexsen, Inc. Agenda Items 15 & 16 page 4 of 30 Evaluation • • • These requests for a Conditional Use Permit for a Commercial Marina and one for Dormitories for Marine Pilots is, in Staff's opinion, acceptable. The proposed uses align with the land use policies and principles for the Coastal Neighborhood Place Type. The Coastal Neighborhood Place Type primarily emphasizes residential development that reflects the character of the coastal setting, while allowing for limited non-residential uses that provide neighborhood-oriented services and contribute to the vitality of the Shore Drive Corridor. In this context, Staff finds that the proposed use is supportable as a private maritime facility serving the operational needs of the Virginia Pilot Association. The limited nature of the proposed use, which is intended to support private maritime operations rather than public-facing commercial activities, helps maintain compatibility with the surrounding coastal neighborhood character and minimizes additional traffic and intensity along the corridor. The proposed building design and architectural elevations are generally consistent with the design intent of the Shore Drive Corridor Design Guidelines and the Coastal Neighborhood Place Type. The proposed use of coastal architectural elements, including a pitched roof form, brick and wood siding materials, extensive glazing, articulated building elevations, balconies/decks, and landscaped frontage, contributes to a high-quality waterfront design that complements the surrounding area. As mentioned previously, a portion of the subject property is located within the Special Flood Hazard Area (SFHA), Zone AE, with a Base Flood Elevation (BFE) of 7 feet. Portions of the property are also located within the Limit of Moderate Wave Action (LiMWA). As the proposed structure is located within the LiMWA, the applicant has been advised that the structure will be required to comply with the applicable requirements of Appendix K, Section 4.9, including construction on a pile foundation, elevation of the structure such that the lowest horizontal structural member is a minimum of three (3) feet above the BFE (minimum elevation of 10 feet), and the use of compliant breakaway walls with flood vents, screening, or lattice below the lowest horizontal structural member. Areas below the lowest horizontal structural member may only be utilized for parking, building access, and storage purposes. An administrative variance request will be required during the site plan review process for a water-dependent use pursuant to Appendix K, Section 6.1, specific to the proposed marine shop.The applicant understands that only the portion of the structure determined to be water-dependent may qualify for consideration of the variance. Any variance request must be limited to the minimum extent necessary and incorporate floodproofing measures to the greatest extent practicable. Additionally, the applicant will be required to provide an engineering analysis demonstrating that the portion of the structure subject to the variance can withstand anticipated flood conditions and wave action without compromising the structural integrity of the remaining building or creating hazardous debris.The applicant has acknowledged these requirements and will address all applicable floodplain management standards, including any necessary variance request, as part of the formal site plan review process. In conjunction with the requested right-of-way encroachment, the applicant is seeking a deviation from the required 35-foot front yard setback pursuant to Section 221(i) of the Zoning Ordinance to permit a 0-foot front yard setback. Section 221(i) authorizes City Council to approve such deviations upon a finding of good cause and that the deviation will not result in significant detrimental impacts to surrounding properties. Staff finds the requested deviation can be supported due to the property's narrow width, unique configuration, and established campus setting. Although the proposed building will extend into the public right-of-way, it will Clark Nexsen, Inc. Agenda Items 15 & 16 page 5 of 30 remain approximately 75 feet from the edge of the Lesner Bridge, providing substantial separation from the bridge structure. Furthermore, the proposed use of brick masonry, Accoya wood siding, a standing seam metal roof, and complementary architectural detailing is consistent with the character of the Shore Drive corridor. Based on the site's physical constraints, compatible design, and limited potential for adverse impacts, staff finds that good cause exists for the requested setback deviation and that it will not result in significant detrimental impacts to adjacent properties or the surrounding area. As stated previously, due to the configuration of the lot, the applicant has requested permission to encroach into a portion of the City's right-of-way known as Cape Henry Drive.This portion of Cape Henry Drive serves a small number of properties, with the proposed structure being at the terminus of the roadway. The applicant is requesting approval of a right-of-way encroachment to accommodate portions of the retaining wall, pedestrian walkways, landscaping, and select building features that extend into the public right-of-way as part of the proposed development.This is necessary due to the existing building footprint being located within the right-of-way, which creates practical difficulties in meeting current setback requirements without substantial modification or removal of functional site and building elements.The proposed encroachments are not anticipated to negatively impact the public, as they will maintain safe pedestrian access, visibility, and public infrastructure. Additionally, the site is subject to an existing encroachment agreement allowing parking and an entrance gate restricting public access, and the requested encroachments are consistent with the surrounding urban context, where similar site and building encroachments exist on adjacent properties. Prior to site plan approval and release, the applicant shall obtain City Council approval of an Encroachment Agreement. Approval of this Conditional Use Permit application does not guarantee approval of the Encroachment Agreement, which is subject to separate review and approval by City Council. The Fire Marshal's Office provided comments indicating a dedicated fire department turnaround is required at any location where a dead-end fire department access road exceeds 150 feet. The applicant provided an exhibit, as provided on page 15, which satisfies this comment. Additionally, the proposed redevelopment is not anticipated to result in adverse noise impacts. Although the Virginia Pilots Association operates on a 24-hour, seven-day-a-week basis,the majority of activities that have the potential to generate noise occur during normal daytime operating hours. Additionally, the Virginia Pilots Association has operated continuously at this location under the same 24/7 operational schedule, and the proposed redevelopment is not expected to alter the nature or intensity of its day-to-day operations. As such, staff does not anticipate the proposed redevelopment will create any significant new noise impacts on surrounding properties. The applicant presented their development proposal, including the concept site plan and the building elevations and renderings, to the Bayfront Advisory Commission on July 16, 2026. The Commission voted unanimously to support the application. Based on these considerations, Staff recommends approval of this request subject to conditions below. Clark Nexsen, Inc. Agenda Items 15 & 16 page 6 of 30 Recommended Conditions • Commercial 1. If an Encroachment Agreement is approved by the City Council, there shall be a 0-foot front setback for the proposed building. This 0-foot setback is a deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 2. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION —PILOT STATION - Site Plan—Phase 2, SHEET CS101b". prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning &Community Development ("Planning Department"). 3. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION —PILOT STATION —LANDSCAPE PLAN, SHEET LP101", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department") 4. The site shall be developed in substantial conformance with the elevations entitled "Pilot Station", prepared by Clark Nexsen dated March 16, 2026, and the building renderings entitled "PILOT STATION — BUILDING RENDERINGS", dated March 16, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 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. Prior to site plan approval and release, the applicant shall obtain City Council approval of an Encroachment Agreement. Approval of this Conditional Use Permit application does not guarantee approval of the Encroachment Agreement, which is subject to separate review and approval by City Council. 7. 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. 8. Prior to site plan approval, the applicant shall submit a photometric lighting plan, in accordance with Appendix A, Article 2, Section E of the Zoning Ordinance, for review and approval. 9. All provisions in the Virginia Statewide Prevention Code, Chapter 36—Marinas, shall be adhered to and maintained. 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 Clark Nexsen, Inc. Agenda Items 15 & 16 page 7 of 30 of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Recommended Conditions for Dormitories for Marine Pilots 1. If an Encroachment Agreement is approved by the City Council, there shall be a 0-foot front setback for the proposed building.This 0-foot setback is deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 2. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION —PILOT STATION -Site Plan —Phase 2, SHEET CS101b", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). 3. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION — PILOT STATION —LANDSCAPE PLAN, SHEET 1-13101", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning &Community Development ("Planning Department") 4. The site shall be developed in substantial conformance with the elevations entitled "Pilot Station", prepared by Clark Nexsen dated March 16, 2026, and the building renderings entitled "PILOT STATION — BUILDING RENDERINGS", dated March 16, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 5. Prior to site plan approval and release, the applicant shall obtain City Council approval of an Encroachment Agreement. Approval of this Conditional Use Permit application does not guarantee approval of the Encroachment Agreement, which is subject to separate review and approval by City Council. 6. Prior to issuance of a site plan approval, the applicant shall demonstrate compliance with all applicable requirements of Appendix K of the City Zoning Ordinance and applicable floodplain regulations. Clark Nexsen, Inca Agenda Items 15 & 16 page 8 of 30 7. Portions of the proposed structure may require an administrative variance pursuant to Appendix K, Section 6.1, for a water-dependent use. Any variance request shall be submitted and reviewed during the site plan review process.The applicant shall demonstrate that the request is limited to the minimum extent necessary to allow the water-dependent component of the proposed use and incorporates flood-resistant design measures to the greatest extent practicable. 8. Final site design, structural details, and any required floodplain documentation shall be subject to review and approval by the appropriate City departments during the site plan review process. Approval of this application does not waive compliance with any applicable floodplain, stormwater, building, or safety requirements. 9. 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. 10. 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. 11. Prior to site plan approval, the applicant shall submit a photometric lighting plan, in accordance with Appendix A, Article 2, Section E of the Zoning Ordinance,for review and approval. 12. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Clark Nexsen, Inc. Agenda Items 15 & 16 page 9 of 30 Comprehensive Plan Information The Comprehensive Plan identifies the site as being located within the Shore Drive Corridor Overlay District and a Coastal Neighborhood.The land use policies and principles of the imagineVB 2040 Comprehensive Plan and the Shore Drive Corridor Plan/Design Guidelines establish land use policies and principles that guide development within the Coastal Neighborhoods area (p. 36, imagineVB 2040 Comprehensive Plan). The Comprehensive Plan identifies Coastal Neighborhoods as moderate-to higher-density areas consisting of single-family and multi-family residential development that is designed to complement and respond to the coastal setting. The overarching goal of the Coastal Neighborhoods Place Type is to support the design and maintenance of residential development that reflects coastal architecture and is appropriately located along or near the Chesapeake Bay or Atlantic Ocean (p. 181, imagineVB 2040 Comprehensive Plan) In addition to residential uses, the Comprehensive Plan recognizes that certain non-residential uses may be appropriate within Coastal Neighborhoods when they serve the surrounding community.These uses include commercial retail, restaurants, neighborhood-oriented businesses and services, entertainment, civic uses, and medical facilities (p. 181, imagineVB 2040 Comprehensive Plan).The Shore Drive Corridor Design Guidelines further identify the Resort Area as an appropriate area for lodging, entertainment, retail, recreational, and cultural uses that contribute to the character and economic vitality of the corridor(p. 10, Shore Drive Corridor Design Guidelines). Additionally, the Shore Drive Corridor Plan encourages the continued development of a connected pedestrian network along the waterfront, known as "Waterman's Walk;' by expanding and unifying existing walkways to enhance public access, connectivity, and the overall coastal experience (p. 130, Shore Drive Corridor Plan). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. Portions of the property are within the Special Flood Hazard Area Zone AE, with a Base Flood Elevation (BFE) of 7 feet NAVD88, as shown on the Flood Insurance Rate Map. Additionally, portions of the site are within the Limit of Moderate Wave Action (LiMWA) as defined by FEMA. There are no known historic or cultural resources that will be affected by this project. Clark Nexsen,sInc. Agenda Items 15 & 16 page 10 of 30 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic There is no trip generation data available for a private maritime wharf and operation center. Cape Henry Drive No Data Available No Data Available However, this is very low trip generation land use and approval of this CUP will not result in a significant change in trip generation. 1 Average Daily Trips 2As defined by a 3As defined by a private maritime private maritime 'LOS= Level of wharf&operation wharf&operation Service center center Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Cape Henry Drive in the vicinity of this application is two-lane local roadway. The roadway is a private road in front of this site but turns into a public roadway that connects to Vista Circle. There are no CIP projects scheduled for this area. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. Public water There is an existing 8-inch City water main along Cape Henry Drive. The site currently connects to City water. Sewer There is an existing 8-inch City sanitary sewer gravity main along Cape Henry Drive and encroaches through the property.The site currently connects to City sewer. Clark Nexsen, Inc. Agenda Items 15 & 16 page 11 of 30 Public Outreach Information Planning Commission • As of July 21, 2026, staff has received 2 letters of support for the request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August 5, 2026. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 1, 2026 and September 8, 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 31, 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 September 11, 2026. Clark Nexsen, Inc. Agenda Items 15 & 16 page 12 of 30 °6 o �ry m N � � v Lr) Q) r lc esol N3 awd%�mN•.ya.t x. v "^. z f6 4- Q- - ® X..: -wrr ro Iw-;hx is rix ma J• � F Y .7 w:ruc: !i (0 f0 Ncuur w%v►s%.r.,'xv do vre>rsw• ,; P U -(3 iW 4 U�OFVJ rKti�:S ]v4'G]remr 3"4e-'dL-7 itY 14LY V 'Nlf:Y:1 S J:%�1JG JiiFY>eK t�'M1 '3 r `l 'l%Ip%d.ICC:ice>5 M1NYA-555'CM 'C 3( Z 3SNHd-Mf1d 3LS r:x W-us-an a u:•Nvd 30= r >t P:xt scrxru::sa v'X%-aui aAn IL-arz 't PYJL tUf:h Nu J!%'..1uG ftaCMc S310N N011OnUISN00 L MON W83N3EJ e 'r tii memoxa t � 40ok 1 y:7,k,r f � r r ! % I 4 --1-1--- %•-�= i ,�:. � ate'- -,ci,'�"a.�.. ."'( -'1"'_1_>_—-_:_a .'. f I ' ii ' ' __ -... ,.> _-- i +y + _- _ -- --_ _ a ��/,/ 7lil �Y u o- } -- --- -- -..-__ µ w _- a w NYli'Lv1-YLNA@I __._—-�i.*"a N35X 3N N8V17 1 • o i Y � l4Np6N. NOUV1S 1011d • 9 ► [ L t! a -- --- - a ',ao•r�—gym ra a,c+Iriix _ ___ -- -' PILOT STATION __ _____ ... E%ii:`.:'RFY,IC 11 jI�x-..• �.,. �I. CLARKNEXSEN i i L _4 axfm.i��xn _. wm � I I � P L N - r o _❑ o� r ~ —_ _ ..--.. .. _ ..... i� '_ ' B GENERAL NOTES ]CONSTRUCTION NOTES ___....--..._..__ - -__------_. l.•L"1�I W ViL 51 AA•LI110.�J16 a wtaxn xi I r..YI,xN ar.: LANDSCAPE PLAN D � O#Ml111_swu lt'gr[x;'IlK a4 i wens.r c� (D r. uxl r w:x e VAx11 f0 5 uS GRAPHIC SCALE s L P101 � ya i..vs •-i -- � m. n) (D Z Al •y p,�prp.�e{,y CN 105BS�1 fD X y fO O UJ H n O C1 . ■ CAN P( u ' G 150.0 / N v,-�' Existing C" �`� ROW o'= -E>o - EY._.-.._1 - LANE _-E'/�,�,,,,,, x �- E: FIRE E NO PPRKiN =-�'" L CD 4. pw p �19.9i _ st ....,.;,, --_._ _.__ -__,. _�,._.. _.__. ._... �,..•,,,�-� • 33.0' • gULKHEAO umrs OF CONCREI NE p PROPE NOT THIS p nRTY L(NE LMNNAVEN RIVER ® Oesign. EGGRD VIRGINIA PILOT ASSOCIAnON CX 101 . CLARKNEXSEN EC EXHIBIT A GRD FIRE ACCESS Date: � 4525 Main Street,Suite 1400 ob;c�:oze Q Virginia Beach,VA 23462 Job No: o�sot 3329 SHORE DRIVE, VIRGINIA REACH.VA 23451 CD '757'455.5800 Scole: -0 r-h SHEET OF i 0) Z rD X F N ID O •�, S2o _ W ~ n O � . Proposed Building Elevations k s 16ti tit tit ey ti ti. 1%0 ti S n k ■ :i) 1 NC Q W H N N HAS x , i I r-- f � Si Z C I dI � Igo i t ti ti 'L ^L ti• S 50 S S S Clark Nexsen,~Inc. Agenda Items 15 & 16 page 16 of 30 Proposed Building Renderings P1LOr srA fION-BUILDING RI•INDERINGS MARCH 16,2026 Note:Signage shown for illustrative purposes only and is not Submitted for approval as part of This application. t, n r yt aa.. r r �ia r PILOT STATION-BUILDING RENDERINGS MARCH 16,2026 Note:Signage shown for illustrative purposes only and is not Submitted for approval as part of This applimtion. sag, 1 . ,4�snt�iltltua It t. Clark Nexsen, Inc. Agenda Items 15 & 16 page 17 of 30 Proposed Building Renderings PROT STATION-BUyl.DTN6 RE.NDERMS ` MARCH 16,2026 Note:Signage shown for illustrative purposes only and is not Submitted forapproval as part of This application. Y i� w VF 1 1 � 1 �rr !MARCH 16,202E - - Note:Signage shown ibr illustrative purposes only and is not Submitted for approval as part of This application, +p> Clark Nexsen, Inc. Agenda Items 15 & 16 page 18 of 30 Proposed Renderings PILOT STATION-BUILDINGRENDERINGS MARCH I6,2026 \ Note:Sign age shown for illustrative purpose only and is not Submitted for approval as part of'I'his application, �j e r r7 I o- s p. R. PILOT$fAW 'Bt}fLDIVGRENDERINGS MARCH 16,2026 Note:Signage shown for illustrative purposes outs and i, -art Submitted for approval ae .or Misapplication. 5 � d l 1 i kt 3 A r, k Clark Nexsen, Inc. Agenda Items 15 & 16 page 19 of 30 Proposed Renderings r.. F 9 �'r N - r ,r k �z n r - Mr 1j A Clark Nexsen, Inc. Agenda Items 15 & 16 page 21 of 30 Site Photos 161 fn.a t Clark Nexsen, Inc. Agenda Items 15 & 16 page 22 of 30 Disclosure CITY OF Disclosure ■ VIRGINIA- BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • ■ DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Clark Nexsen, Inc. Is Applicant also the Owner of the subject property? Yes®No@ If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)No® If yes,name Representative: Greg Deubler Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the applicant. (Attach list if necessary.) See attached. 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 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, 0 Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M ay-2024 page 1 of 3 Clark Nexsen, Inc. Agenda Items 15 & 16 page 23 of 30 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Clark Nexsen,Inc. Architect/Land Planner Construction Contractor 0 W.M.Jordan Company Engineer/Surveyor/Agent 0 0 Clark Nexsen,Inc./Johnson,Mirmiran,and Thompson,Inc Legal Services 101 0 APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.I understand that; upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Chadwick S Roberson 2 08/04/2026 �o-2aos oaz=oa o0 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 8/28/2026 ../�iG LO.GG��✓ Marchelle L. Coleman 8/28/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Clark Nexsen, Inc. Agenda Items 15 & 16 page 24 of 30 Disclosure Statement CLARK NEXSEN,INC. CONSENT OF SOLE STOCKHOLDER Johnson Mirmiran&Thompson,Inc.,a Maryland corporation,being the sole stockholder of Clark Nexsen, Inc., a Virginia corporation (the"Corporation"),hereby adopts the following Resolution: RESOLVED:That the following individuals are hereby elected to serve on the board of directors of the Corporation for the remainder of the current year and until their successor(s)are duly elected and qualify: Directors: Michael J.Blair Matthew C.Natale Chad F.Poultney Chadwick S.Roberson Executed by the Corporation's sole stockholder as of the date set forth below. J N ON MIRMIRAN,A THOMPSON,INC. By: Michael J.BlaiN President Date:Auen st 13.2025 Clark Nexsen, Inc. Agenda Items 15 & 16 page 25 of 30 Disclosure Statement JOINT WRITTEN CONSENT OF THE SOLE SHAREHOLDER AND BOARD OF DIRECTORS OF CLARK NEXSEN,INC. effective as of May 9,2025 THE UNDERSIGNED, constituting the sole shareholder and the board of directors of Clark Nexsen,Inc.,a Virginia corporation(the"Company"),hereby consent to and approves the following resolutions and directs that this joint written consent of the sole shareholder and board of directors of the Company(the"Consent')be filed with the proceedings of the Company. FIXING NUMBER OF DIRECTORS:ELECTION OF DIRECTORS WHEREAS,pursuant to that certain Stock Purchase Agreement,dated as of an even date herewith (the "Purchase Agreement') Johnson, Mirmiran & Thompson, Inc., a Maryland corporation(the"Sole Shareholder"),acquired all of the issued and outstanding equity securities of Clark Nexsen,Inc.(the"Company")and,accordingly,is the 100%and sole shareholder of the Company(the"Acquisition"); WHEREAS, in connection with the Acquisition,all of the directors and officers of the Company resigned,effective as of the consummation of the Acquisition(the"Resignations"); WHEREAS,accordingly,the Sole Shareholder desires to ratify the Resignations,and to fill a vacancy on the Board of Directors of the Company the`Board") created by the Resignations, by electing the following person as a director on the Board: Individual Capacity Michael J.Blair Director 1 NOW,THEREFORE,BE IT RESOLVED,that the person identified immediately above be and hereby is elected to serve as a director on the Board by the Sole Shareholder of the Company,to serve until their successor is duty elected and qualified; AND,BE IT FURTHER RESOLVED,that the Sole Shareholder authorizes and directs the Board, as constituted after giving effect to the Elections to appoint such officers of the Company as the Board deems necessary or appropriate. APPOINTMENT OF OFFICERS WHEREAS,after giving effect to the Election set forth above,and in furtherance of the foregoing,the Board desires to appoint the following persons as officers of the Company,in such respective capacity as set forth next to each such persons: Individual Officer Ca acity Michael J.Blair President Andrew J.Parker Senior Vice President and Treasurer ------ _James(J.B.)(J.B)Osborne Senior Vice President,Secretary,and General Counsel Clark Nexsen, Inc. Agenda Items 15 & 16 page 26 of 30 Disclosure Statement Richard Smulovitz Executive Vice President,Assistant Treasurer, and Assistant Secretary 1 NOW,THEREFORE,BE IT RESOLVED,that the persons identified immediately above be and hereby are appointed as officers of the Company in the respective capacities set forth opposite each persons name immediately above. [SIGNATURES ON NEXT PAGE] Clark Nexsen, Inc. Agenda Items 15 & 16 page 27 of 30 Disclosure IN WITNESS WHEREOF, the Sole Shareholder and Board have duly executed and adopted this Consent as of the date first written above. SOLE SHAREHOLDER: JOHNSON,MIRMIRAN&THOMPSON,INC. By: Michael J.Blair, resident RD: Michael J.L64�- [signature page to joint written consent of the sole shareholder and board of directors of Clark Nexsen,Inc.) Clark Nexsen, Inc. Agenda Items 15 & 16 page 28 of 30 Disclosure Statement SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Virginia Pilot Association Trust Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes�NoO If yes, list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity'relationship with the applicant. (Attach list if necessary.) President:Whiting Chisman,Vice President.Frank Rabena,Land Trustess:Herbert Green,Adam Halstead,Richard Lyons.Business Entities. Virginia Pilot Corporation,Virginia Pilot Boat Corporation Does the subject property have a proposed or pending purchaser? Yeso NoQ If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No 1 es, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified, (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, 0 Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape q) 0 Clark Nexsen, Inc. Architect/Land Planner Construction Contractor 0 0 W.M.Jordan Company Q 0 Clark Nexsen,Inc.IJohnson,Mirmiran,and Thompson Engineer/Surveyor/Agent Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ:/certify that all information contained in this Form is complete, true,and accurate. /understand that, upon receipt of notification that the application has been scheduled for public hearing, l am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. 67feb36f-6562-4026-D9da$o,dby Frank Rabena 8f01-7a462bd06980 Date 2026 04 02 14 3841'-04'X��0 04/02/2026 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Clark Nexsen, Inc. Agenda Items 15 & 16 page 29 of 30 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. Clark Nexsen, Inca Agenda Items 15 & 16 page 30 of 30 B4(SD) ORE DR SHORE DR SHORE DR SHORE CAPE HENRY DR CAPE HENRY DR B'4 B4(SD) ® site Clark Nexsen, Inc. p zoning 3329 Shore Drive 0 Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 8/11/2026 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #15 & 16 Clark Nexsen Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on the consent agenda is items 15 and 16 collectively, Clark Nexsen, Incorporated. Is there a representative here? Welcome. Please state your name for the record. Mr. Seitz Good afternoon. I'm Damian Seitz with Clark Nexsen Architecture and Engineering. Here on behalf of the Virginia Pilot Association. Ms. Byler: And are the conditions acceptable to the applicant? Mr. Seitz: Yes,they are,and we appreciate being on the consent agenda. Ms.Byler: Okay. Thank you. You may be seated. Is there any opposition to these 2 items being added to the consent agenda? Hearing none,I have asked Commissioner Cuellar to read it into the record. Ms.Cuellar: Thank you,Madam Vice Chair. The applicant is requesting conditional use permits for a commercial marina and dormitories for marine pilots to redevelop this site with a facility for marine maintenance, administrative oversight, and dormitories for the Virginia Pilot Association on this 13,920 square foot 134 Mixed-Use District zoned parcel. The applicant is seeking to replace the existing pilot house with a modern, integrated operations center designed to streamline maritime safety services. Hearing no opposition and a favorable recommendation from staff,the Commission is recommending this for the consent agenda. Ms. Byler: Thank you, Commissioner Cuellar. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report,and agenda items 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Schoonover: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler (Vice Chair) X Schoonover X Plumlee X Hi en X Cuellar X Coston (Chair) X Moor'ani X Mauch X Conditions for Commercial Marina 1. If an Encroachment Agreement is approved by the City Council, there shall be a 0-foot front setback for the proposed building. This 0-foot setback is a deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 2. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION —PILOT STATION - Site Plan—Phase 2, SHEET CS101b", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). 3. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION —PILOT STATION —LANDSCAPE PLAN, SHEET LP101", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department") 4. The site shall be developed in substantial conformance with the elevations entitled "Pilot Station", prepared by Clark Nexsen dated March 16, 2026, and the building renderings entitled "PILOT STATION — BUILDING RENDERINGS", dated March 16, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 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. Prior to site plan approval and release, the applicant shall obtain City Council approval of an Encroachment Agreement. Approval of this Conditional Use Permit application does not guarantee approval of the Encroachment Agreement, which is subject to separate review and approval by City Council. 7. 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. 8. Prior to site plan approval, the applicant shall submit a photometric lighting plan, in accordance with Appendix A, Article 2, Section E of the Zoning Ordinance, for review and approval. 9. All provisions in the Virginia Statewide Prevention Code, Chapter 36— Marinas, shall be adhered to and maintained. 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. Conditions for Dormitories for Marine Pilots 1. If an Encroachment Agreement is approved by the City Council, there shall be a 0-foot front setback for the proposed building. This 0-foot setback is deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 2. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION — PILOT STATION -Site Plan— Phase 2, SHEET CS101b", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). 3. The Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA PILOT ASSOCIATION —PILOT STATION —LANDSCAPE PLAN, SHEET LP101", prepared by Clark Nexsen dated March 16, 2026, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department") 4. The site shall be developed in substantial conformance with the elevations entitled "Pilot Station", prepared by Clark Nexsen dated March 16, 2026, and the building renderings entitled "PILOT STATION —BUILDING RENDERINGS", dated March 16, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. S. Prior to site plan approval and release, the applicant shall obtain City Council approval of an Encroachment Agreement. Approval of this Conditional Use Permit application does not guarantee approval of the Encroachment Agreement, which is subject to separate review and approval by City Council. 6. Prior to issuance of a site plan approval, the applicant shall demonstrate compliance with all applicable requirements of Appendix K of the City Zoning Ordinance and applicable floodplain regulations. 7. Portions of the proposed structure may require an administrative variance pursuant to Appendix K, Section 6.1, for a water-dependent use. Any variance request shall be submitted and reviewed during the site plan review process. The applicant shall demonstrate that the request is limited to the minimum extent necessary to allow the water-dependent component of the proposed use and incorporates flood-resistant design measures to the greatest extent practicable. 8. Final site design, structural details, and any required floodplain documentation shall be subject to review and approval by the appropriate City departments during the site plan review process. Approval of this application does not waive compliance with any applicable floodplain, stormwater, building, or safety requirements. 9. 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. 10. 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. 11. Prior to site plan approval, the applicant shall submit a photometric lighting plan, in accordance with Appendix A, Article 2, Section E of the Zoning Ordinance, for review and approval. 12. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARK MOISON, DAVID MOISON, LISA MOISON [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street, Unit 105 (GPIN 24280028661005). COUNCIL DISTRICT 6 (Remick) MEETING DATE: September 15, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a one-bedroom unit in the Playa Rana Condominiums at 304 28th Street, Unit 105. The site has no prior zoning complaints, is not currently advertised, and has no prior documented stays. ■ Considerations: The applicant is requesting to operate a one-bedroom Short Term Rental within the Playa Rana Condominiums. Short Term Rentals are prevalent on this property with a total of 14 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. One letter of opposition was received about the request, citing concerns with the number of short term rentals in the area and potential impacts to parking. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 105, and the Short Term Rental use shall only occur in the principal structure. Mark Moison, David Moison, Lisa Moison Page 2 of 5 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Mark Moison, David Moison, Lisa Moison Page 3 of 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11.00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1)At least Mark Moison, David Moison, Lisa Moison Page 4 of 5 one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20.A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Mark Moison, David Moison, Lisa Moison Page 5 of 5 Submitting Department/Agency: Planning Department City Manager: Agenda Applicants & Property David Moison, • • Planning Commission • 2026 V_B_ CouncilI City District: Project Details Request Conditional Use Permit (Short Term Rental) ; - T _ y o2No•� , Pnr� t D RO �� tt StaffRecommendadon °����< ` �-��;T �'� ser�Gptrka�,s� U 1N Ito ..-t-...t`, '� Approval ,t -1 ; ,04;, i Staff Planner i r _ Alexis Bailey Kh GaU•n VO/k t—- ' i 7 �..11't , 1 Location ' , '• 304 28th Street, Unit 105 fie- ;` � iti+ �4 GPIN MAN 24280028661005 °`°°"''� Site Size m � v 53,138 square feetAV AII.UZ 65-70 dB DNL; Sub-Area 1 Watershed ��y Chesapeake Bay t'c ';. • t � Cn�Z1• Existing Land Use and Zoning District .r Condominium Complex/OR Oceanfront Resort ` "� ' T Surrounding Land Uses and Zoning Districts North r �� 28th Street :: �4 ° Y 4 Hotel /OR Oceanfront Resort m South 27N�A�F `ST. s 271h%z Street sJ- - . Single-family dwellings, multi-family dwellings/A- 12 Apartment, A-36 Apartment East Restaurant/OR Oceanfront Resort West Arctic Avenue Grocery Store, single-family dwelling/OR Oceanfront Resort, R-5S Residential Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 304 28th Street, Unit 105.The 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 2008. • Staff inspected the site on June 17, 2026, to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day; therefore, any overflow parking beyond the minimum parking spaces required could occur within the public street. • The site has no prior zoning complaints or violations. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of June 15, 2026, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 2 of 14 Short Term Rentals in the Vicinity 9" _ 2 T 'a r f 3 r _ �N 53 Playa Rana STRs ; STR Permits(21) i T , t 10 J � � `r t _ r, 21tH S rn ,� '_ - _- -74 10 r r , 0 ; i 4)' Q _1 r , �. 0 ti w r ID r r q } a short Term Recitals STR Fermi ) r � 1 t (77 r r , r , r lij 1 r i 9 Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 3 of 14 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 4 of 14 Zoning History # Request CUP (Short Term Rental)Approved 09/16/2025 CUP (Short Term Rental) Approved 08/12/2025 r CUP(Short Term Rental) Approved 10/15/2024 l' CUP (Short Term Rental) Approved 07/09/2024 CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 07/06/2021 1 CUP(Short Term Rental) Approved 06/01/2021 CUP (Short Term Rental) Approved 06/01/2021 CUP (Short Term Rental) Approved 04/06/2021 CUP (Short Term Rental) Approved 04/06/2021 — Al2 CUP (Short Term Rental) Approved 10/20/2020 CUP(Short Term Rental) Approved 07/25/2020 , C1 t A'k2 r = CUP(Short Term Rental) Approved 07/25/2020 CUP (Housing for the Elderly) Approved 04/23/1996 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation - • • • The applicant is requesting to operate a one-bedroom Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of fourteen approved Conditional Use Permits. There is one assigned parking space associated with this unit in the condominium's parking lot. According to the City of Virginia Beach Zoning Ordinance,Appendix A, Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 5 of 14 therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28' Street, Unit 105, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 6 of 14 a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 7 of 14 working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5)years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 8 of 14 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 29, 2026, and August S, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 1, 2026 and September 8, 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 31, 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 September 11, 2026. Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 9 of 14 Layout Site „b ^7pi'iw ♦305 j Assigned Parking Space for Unit 105 d ; i F t zr,a.toi ergo , Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 10 of 14 i p '' �Site Photos P, 6 i } Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 11 of 14 Disclosure dodoop si nature verification:;� oe&zdBN-MaxM CITY OF V--B- 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Mark Moison David Moison Lisa Moison Is Applicant also the Owner of the subject property? YesQ No® If no, Property Owner must complete SECTION PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesQNo® If yes,name Representative: Lisa Moison Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes 00 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant.(Attach list if necessary.) Mark Moison, David Moison, Lisa Moison 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 thi subject land or any proposed development contingent on the subject public action? Yeso No If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Nome entity and/or individual Financing(mortgage,deeds of trust, Q cross-col late ralization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 12 of 14 Disclosure SECTION • • •• SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Lisa Moison Applicant Name(Print) Applicant Signature Date 1'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities,there are common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 8/25/2026 Alexis Bailey Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 � � Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 13 of 14 • • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain,to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Mark Moison, David Moison, Lisa Moison Agenda Item 18 page 14 of 14 � q �✓ �1 "Y OR(STR-OR) � G OR(STR-OR) n rn s + OR(STR-OR) v UR n = S-T �m OR(STR-OR) m H Ha`�SS IVA S t R5 . R m u 1 Pi N " `,'" t, F SIT C ,w.. ;t 26-T"Vk Site Mark Moison, Davis Moison, Lisa Moison 117-7 Zoning 304 28th Street, Unit 105 ' Property Polygons s Feet 0 37.5 75 150 225 300 Map created by Planning Department on 8/11/2026 STR VICINITY MAP MARK MOISON, DAVID MOISON, LISA MOISON ,1 'F 4 A, 2-[4j5l Rlaya Rana S 0 STR Permits(21) i pp"SHyip11= R xtlAtt * C 7a `: Z7lHSI M -a �i i o i 26AVA � ti St Short Term Rentals STR Pei mi*,s 77;) , Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #18 Mark Moison, David Moison, Lisa Moison Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is agenda item 18, Mark Moison, David Moison, and Lisa Moison. Is there a representative here to speak on this? Welcome. Please state your name for the record. Ms.Moison: Lisa Moison. Ms.Byler: Thank you. And are the conditions acceptable? Ms.Moison: Yes. Ms. Byler: Thank you. Ms.Moison: I just want to say thank you to the short-term rental department for being so helpful all the time. Thank you. Ms. Byler: Thank you. Is there any opposition to this item being added to the consent agenda? Hearing none, I've asked Commissioner Plumlee to read it into the record. Mr.Plumlee: This is an application by Mark Moison,David Moison,Lisa Moison,at the address 304 28th Street,Unit 105,for a short-term rental conditional use permit. It meets the requirements of the zoning ordinance. There's been no opposition, and therefore, was appropriate for consent. Ms. Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report,and agenda items 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20,and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms.Byler: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28tn Street, Unit 105, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (S) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. From: CAROLYN STREK To: Alexis Bailev Subject: Opposition to 304 28th St Unit 105 Application for Short Term Rental Date: Friday,August 7,2026 11:16:07 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I received a notification of the short-term rental request for 304 28th St. Unit 105. lam unable to attend the public hearing for this request and would like to submit my objection to this repeat request. I believe this property is zoned as a condominium. We have sufficient weekly rentals in Old Beach. Illegal parking with short term rentals is a regular occurrence, and our parking enforcement focuses on the metered parking and swings by when they can.There is no number to call to get parking enforcement to come when we are unable to park because of short term renters parking without a permit. Calling 311 is hit or miss. We have no plan that balances the vacation rental options with limits and provides sufficient infrastructure to manage short-term rentals. I feel this application should be denied. Thank you, Carolyn 0. Strek 312 27th St Virginia Beach sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RAYMOND LEE SMITH & KRISTEN JUNE GOLLIDAY [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 516 22nd Street, Unit 100 (GPIN 241798732601). COUNCIL DISTRICT 6 (Remick) MEETING DATE: September 15, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a 4-bedroom condominium unit located at 516 22nd Street, Unit 100. The site has no prior zoning complaints, is not currently advertised and has no prior documented stays. ■ Considerations: A total of four parking spaces are required for the proposed Short Term Rental. There are two assigned parking spaces on the site, and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two parking spaces at the 25th Street Municipal Parking Garage located 0.25 miles (straight line measurement) and 0.36 miles (driving distance) from the site. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The applicant was made aware of the proposed amendment to the Section 2303 of the Zoning Ordinance, which would prohibit the lease of parking spaces within city- owned garages to meet the parking requirements of a Short Term Rental. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 516 22nd Street, Unit 100, and the Short Term Rental use shall only occur in the principal structure. Raymond Lee Smith & Kristen June Golliday Page 2 of 5 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Raymond Lee Smith & Kristen June Golliday Page 3 of 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11 . There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). Raymond Lee Smith & Kristen June Golliday Page 4 of 5 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Raymond Lee Smith & Kristen June Golliday Page 5 of 5 Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department l; City Manager:m�, Agrenda • Applicant & Property Owner: Raymond Lee Smith & Kristen June Golliclay Planning Commission • • Hearing: , • VB_ CouncilCity • Project Details Request Conditional Use Permit (Short Term Rental) 7?.. q,H Staff Recommendation ° T 24 -teacF h4x# Q ,H st S i 4. Approval a F i' 11R1 F yt Staff Planner t x ; ZtNQ NP s a i Alexis Bailey Location 516 22nd Street, Unit 100 GP/N 241798732601 H AE, Site Size 6,596 square feet ,ss A/CUZ ,BSN st 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay a Existing Land Use and Zoning District V ' Condominium/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts cn North 22nd Street Townhouses/OR Oceanfront Resorts South 21s'%2 Street Duplex/OR Oceanfront Resort East Condominium/OR Oceanfront Resort West Condominium /OR Oceanfront Resort Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 1 of 15 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 516 22nd Street, Unit 100. The site contains a three-unit condominium and is zoned OR Oceanfront Resort District. • According to City records, this four-bedroom unit was constructed in 2024. • Staff inspected the site on June 17, 2026, to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the Short Term Rental from parking in the street during the restricted hours. • There are no prior zoning complaints on this site. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit before operating. • Known Short Term Rental activity as of June 17, 2026, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 2 of 15 ShortRentals ♦j ! , e Ll ! a 3S 41 �( t _ +r fl + I 1 1S 1 � 1 1 T� 0 { sue. { t s t 1„ t � � t Y , i { i l ' t ,,o F ,D 0 fir . t 51 4 it i �y�, , ell 51 i i E ' t , r � t , it ,. ! sIt It , r� r x t _ x , r 51 , I { i t S 1 { r ^ r t Short Term Rentals STR Re r m its (59) g Y , % - 195 Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 3 of 15 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm: 8 • Number of parking spaces required (1 space per bedroom required): 4 • Number of off-street parking spaces provided: 4 (2 provided on-site; 2 provided off-site) . "- n Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 4 of 15 Zoning History # Request St •- 1 CUP (Short Term Rental)Approved 10/07/2025 CUP (Short Term Rental) Approved 05/20/2025 2 CUP(Short Term Rental) Approved 05/20/2025 CUP(Short Term Rental) Approved 05/20/2025 r.= OR(STR-OR) Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ. Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT-Alternative Compliance Evaluation - • • • The applicant is requesting to operate a four-bedroom Short Term Rental within an existing condominium. The four-bedroom Short Term Rental is required to have four off-street parking spaces. The site has two assigned parking spaces for the unit, and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two off-street parking spaces at the 25th Street Municipal Parking Garage, located 0.25 miles from the site, for a total of four parking spaces. At the time the subject application was submitted, the use of city-owned parking garages to meet the parking requirement was permitted; however, the City Council had passed a referral resolution requesting the Planning Commission consider an amendment to the City Zoning Ordinance that would prohibit the use of city-owned parking garages to meet the parking requirement for a Short Term Rental. Said amendment was recommended for approval by the Planning Commission at their July 8, 2026, formal hearing and is scheduled to be considered by the City Council at their August 11, 2026, formal hearing. If the amendment is approved by the City Council, the subject applicant would need to provide an updated parking plan to demonstrate how the parking requirement will be met without the use of a city-owned parking garage. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 5 of 15 All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application.The site has no prior rental listing or documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 516 22"d Street, Unit 100, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. S. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 6 of 15 a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good Raymond Lee Smith and Kristen June 6olliday Agenda Item 19 page 7 of 15 working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5)years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 8 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August 5, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 1, 2026 and September 8, 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 31, 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 September 11, 2026. Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 9 of 15 LayoutSite 1 NOTES. -CONDOMINIUM PLAT NOTES: ,. ... P �, N a.ew ao.>+c.i.n a x.10 e•wac n�c..c eaa.....�:..Kz - �I .s�m.)Inlrc+'c'e umr,<s a ec wo.aa er m eu..rnKa.+.o•Kas- x vow v+r. Taw+u;�c vow n�<aunt/«ti,.-.m:aa'r.• K bI aslom .n, .<co-.}•.. n.In:.�o oacv La.o.uow �«-. >. ea R000 xVMfl K w «MM1rYat T.IX CPwpi.wxa:rt P i. 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CV 9 ~ a,vr <cKwa m � CONDOMINIUM PLATS AND PtNJ$ RA R R I S H ,• OLD BEACH IV CONDOMINIUM 'L AY N E - p X nj'sr ACONOOMINIUM DESIGN GROUP Lrc•,;.a T RI:n VIRGINIA BEACH.VIRGINIA Fec+em•SIe`L:a`•A+I+m am lAs,®,a IO fi}916.6s CVa�1 fn mr 9 i K tt, xn/7s Rvswl: PosmlafilfcSscu13 CV :+loon L C11NP. B )•.Ifl• ' SEFT.O. o nnotl Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 10 of 15 Off-Site Parking Plan e A.iw c. .` 7'Siw a3 Ar:th Streee- GaT��� 7�1H�d WOO goo " 0010 amp A� 5'^ Tt;t 1l to Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 11 of 15 Site • • lot Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 12 of 15 Disclosure DisclosureCITY OF VIRGINIA V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name; , as listed on application Raymond Lee Smith VzkS E TIA Is Applicant also the Owner of the subject property? Yes@ Noo If no,Property Owner must complete SE"C170N 2:PROP,ERiY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ No If yes,norne Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoQ If yes,list the names of al/officers,directors,rnernbers,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant.(Attach list if necessary.) E- I Does the subject property have a proposed or pending purchaser? Yes U No • if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes@ NoU• If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant rnust 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 ondlor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER __(Name entity and/or individual) Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O �• Disclosure Statement I rev. M a y-2024 page 1 of 3 Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 13 of 15 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER _ Name entity and/or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent O Legal Services 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 at"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. Raymond Lee Smith '411K l! Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 1 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(iJ one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a 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): 8/25/2026 Alexis Bailey �l/PI%5iri�ir� RJ�S/7n7� Staff Name(Print) Staff Signature ! Date DISCIOSUre Statement I rev. May-2024 page 2 of 3 Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 14 of 15 • • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Raymond Lee Smith and Kristen June Golliday Agenda Item 19 page 15 of 15 OR(STR-OR) 22N�ST OR(STR-OR) m OR 0 m m z v m 215� Vp,o: S, •--'' OR(STR-OR) Q site Raymond Lee Smith & Kristen June Golliday N Q Zoning 516 22nd Street, Unit 100 " ` Property Polygons s Feet 0 15 30 60 90 120 Map created by Planning Department on 8/11/2026 STIR VICINITY MAP RAYMOND LEE SMITH & KRISTEN JUNE GOLLIDAY 73ufl Sx t� 1' Q tQ , yQr7 ` ji" y - _ lip A t � y , • , y 1 y y y � 11 , Short Tern Rentals t i 2 0 STR Permits(31) Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #19 Raymond Lee Smith & Kristen June Golliday Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next matter is agenda item 19, Raymond Lee Smith and Kristen June Golliday. Is there a representative here to speak on this? It appears not. And do we know if the conditions are acceptable? Clerk: We have not been told that they do not agree with it, so we would assume that they are. Ms. Byler: All right. Is there any opposition to this matter being added to the consent agenda? Hearing none, I've asked Commissioner Plumlee to read it. Mr. Plumlee: This is an application from Raymond Lee Smith and Kristen June Golliday for a short-term rental conditional use permit for 516 22nd Street, Unit 100. It meets the requirements of the zoning ordinance. There's been no objection, no one here to speak in opposition, and therefore, it's been placed on the consent agenda. Ms. Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20,and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Byler: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda,your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 516 22nd Street, Unit 100, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use.The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. �. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAVE INVESTMENT GROUP, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 414 19t' Street, Unit 104 (GPIN 2427075404). COUNCIL DISTRICT 6 (Remick) MEETING DATE: September 15, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a 1-bedroom apartment unit located at 414 19th Street, Unit 104. The site has no prior zoning complaints, is not currently advertised and has no prior documented stays. ■ Considerations: The one-bedroom Short Term Rental is required to have one off-street parking space. The site has one assigned parking space for the unit, thereby meeting the parking requirement. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The site has no prior rental listing or documented stays. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 414 19th Street, Unit 104, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. Wave Investment Group, LLC Page 2 of 4 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Wave Investment Group, LLC Page 3 of 4 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection Wave Investment Group, LLC Page 4 of 4 requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agrenda Item 20 PlanningApplicant & Property Owner: Wave Investment Group, LLC V_B_ Commission Public1 CouncilI City • Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation1 .'`s �( 1i11 } F �155S�W"' 7 t.�� Approval , i�ilclz Sist, Staff Planner Alexis Bailey , ud Location a+� 1 � - Y �- 414 19th Street, Unit 104 1 s � l 2427075404 Site Size 8,200 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed u. Atlantic Ocean — - ➢�� Existing Land Use andZoning District Apartment complex/OR Oceanfront Resort _ `�gTH s- ; Surrounding Land Uses and Zoning Districtsu North ,6 �. A 19t� Street The Dome/OR Oceanfront Resort t y y South ���` Funeral Home/OR Oceanfront Resort East Apartment complex/OR Oceanfront Resort West Condominium complex/OR Oceanfront Resort e . Wave Investment Group, LLC Agenda Item 20 page 1 of 15 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 414 191h Street, Unit 10413. The site contains an apartment complex and is zoned OR Oceanfront Resort District. • According to City records, this apartment complex was constructed in 1972. • Staff inspected the site on June 17, 2026, to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 19th Street. • There are no prior zoning complaints on this site. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit before operating. • Known Short Term Rental activity as of June 17, 2026, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Wave Investment Group, LLC Agenda Item 20 page 2 of 15 Short l�� 1 ------------- i � t , - a ` ' k sib �Q 0 fSA Short Term Rentals 0 5TR Permits{46j Wave Investment Group, LLC Agenda Item 20 page 3 of 15 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Wave Investment Group, LLC Agenda Item 20 page 4 of 15 Zoning # Request MEVS Approved 01/21/2025 1 STC Approved 12/01/2020 1 4R(STR OR) 2 ALT Approved 09/17/2024 CUP (Short Term Rental) Approved '9tKss , 3 04/04/2023 R- OR(STR-OR) CUP (Short Term Rental) Approved o 4 01/18/2022 CUP (Short Term Rental) Approved 01/18/2022 CUP (Short Term Rental) Approved '" `R(STR-OR) 2 01/18/2022 CUP (Short Term Rental) Approved �ss►+st 01/18/2022 4 CUP (Short Term Rental) Approved 01/18/2022 CUP (Short Term Rental) Approved 01/18/2022 CUP (Short Term Rental) Approved Application Types 01/18/2022 CUP: Conditional MDP: Modification of Proffers CUP (Short Term Rental) Approved Use Permit NON: Nonconforming Use 01/18/2022 REZ: Rezoning STC:Street Closure CUP(Short Term Rental) Approved CRZ: Conditional FVR:Floodplain Variance 01/18/2022 Rezoning ALT.•Alternative Compliance CUP (Short Term Rental) Approved MDC: SVR:Subdivision Variance 5 08/25/2020 Modification of LUP:Land Use Plan CUP (Short Term Rental) Approved Conditions MEV.• Major Entertainment 6 02/18/2020 Venue Sign CUP (Short Term Rental) Approved STR:Short Term Rental 02/04/2020 8 CUP(Short Term Rental) Approved 02/04/2020 CUP (Short Term Rental) Approved 9 06/09/2020 CUP (Short Term Rental) Approved 01/18/2022 Wave Investment Group, LLC Agenda Item 20 page 5 of 15 Evaluation • • • The applicant is requesting to operate a one-bedroom Short Term Rental within an existing apartment unit. The one-bedroom Short Term Rental is required to have one off-street parking space. The site has one assigned parking space for the unit, thereby meeting the parking requirement. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application.The site has no prior rental listing or documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Wave Investment Group, LLC Agenda Item 20 page 6 of 15 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 41419tr' Street, Unit 10413, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Wave Investment Group, LLC Agenda Item 20 page 7 of 15 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. Wave Investment Group, LLC Agenda Item 20 page 8 of 15 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Wave Investment Group, LLC Agenda Item 20 page 9 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 29, 2026, and August 5, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 1, 2026 and September 8, 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 31, 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 September 11, 2026. Wave Investment Group, LLC Agenda Item 20 page 10 of 15 Site • Plan AV _ �a<A san 4.. SL O sna NMI '42'E LL7Yl71' I --saw HLJ •m !/LO I a I N I 202 102 Ow. I 101 104 I 203 201 103 I 0 t� 1 204 Q D wf LM 26 4 wETM Or WYWw ur M WiF OF LM 25 9F 00,'"&UW77/ (1,e ra G 5) QIE ftf P,for M ' 9%24r-07-5404 OMr C _ - AREn=e 4"5F N Ae Q ns V 0R 0.1%K ❑ 9N AW7-O-.V;5 I � 1 t I 1 1 a I I I Q Mw I 0 ) 57616 4�'ll Q Il' 6000' tttiu�c z+n'. am'ar amr 1 J Wave Investment Group, LLC Agenda Item 20 page 11 of 15 � • 4 � q � ^gem y All � r w,- Wave Investment Group, LLC Agenda Item 20 page 12 of 15 Disclosure Statement CITY OF VIRGINIA Disclosure V 1 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 Wave Investment Group, LLC,a Virginia limited liability company Is Applicant also the Owner of the subject property? Yes(j)No0 If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(pone 3). Does Applicant have a Representative?Yes Noo If yes,name Representative: R. Edward Bourdon,Jr., Esq. !_ Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes&Noo if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or a/filinted business entity 2 relationship with the applicant.(Attach list if necessary.) Jason Loizou,Manager;Adam Beck,Adam Morgan&Rodney Clemente,Members Does the subject property have a proposed or pending purchaser? Yes U No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso 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, O O cross-collateralization,etc.) ServisFirst Bank Real Estate Broker/Agent/Realtor Q O Jason Loizou,JL Commercial Real Estate Disclosure Statement I rev. May-2024 page 1 of 3 Wave Investment Group, LLC Agenda Item 20 page 13 of 15 Disclosure APPLICANTSECTION 1: DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent Legal Services Q Q Eddie Bourdon,Sykes Bourdon Ahern&Levy PC APPLICANT CERTIFICATION READ:I certify that all information contained in this Farm is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Jason Loizou >� 1 05/20/2026 Applicant Name(Print) 446plicant 5g6ature Date "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(h) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the 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): 8/25/2026 Alexis Bailey � ...8/25/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Wave Investment Group, LLC Agenda Item 20 page 14 of 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Wave Investment Group, LLC Agenda Item 20 page 15 of 15 r m OR(STR-OR) 1gTH S� OR(STR-OR) OR OR(STR-OR-) m DR STR-OR a 6 site Wave Investment Group, LLC N ® zoning 414 19th Street, Unit 104j t 0 Property Polygons s Feet 0 15 30 60 90 120 Map created by Planning Department on 8/11/2026 STIR VICINITY MAP WAVE INVESTMENT GROUP LLC , ti _c O i { t • L7 , i xc" aH1A Short Term Rentals 1 C) STR Permits(46) Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #20 Wave Investment Group, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is agenda number 20, Wave Investment Group, LLC. Thank you, sir. Please state your name for the record. Mr. Bourdon: Madam Vice Chair Byler, for the record, Eddie Bourdon, attorney, representing Wave Investment Group, LLC. I want to briefly thank Alexis Bailey for correcting the zoning map on the staff report to depict the 9 units,all short-term rentals,on the property directly adjacent to the east of this property. We appreciate being on the consent agenda. All 20 conditions are acceptable. Ms.Byler: Thank you. You may be seated. Is there any objection to agenda item 20 being added to the consent agenda? Hearing none, I have asked Commissioner Plumlee to read it into the record. Mr. Plumlee: This is an application for a short-term rental conditional use permit from Wave Investment Group,LLC. The address is 414 19th Street,Unit 104. It meets the restrictions of the zoning ordinance. There has been no opposition,and therefore,Planning Commission believed it was appropriate for the consent agenda. Ms.Byler: Thank you. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20,and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Byler: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 414 19th Street, Unit 10413, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. ,S��&'j ,rK , :yti }.vo t.S ;sJ sty .FA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTOPHER TAING [Applicant] THENG TAING & SAWALUK TAING [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 415 20t" Street (GPIN 2427084082). COUNCIL DISTRICT 6 (Remick) MEETING DATE: September 15, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a 3-bedroom single-family dwelling located at 415 20th Street. A Notice of Violation was issued by staff on April 21, 2026, for the operation of a Short Term Rental without a Conditional Use Permit or Short Term Rental Zoning Permit. The violation was resolved when the rental listing was changed to list the site as a home share. The site is not currently advertised and last known documented stay was May 26, 2026. ■ Considerations: The three-bedroom dwelling requires three parking spaces. The site contains a two-car driveway, and the applicant has submitted an Intent to Lease Off-Site Parking Agreement to lease two parking spaces at the Cerca Del Mar parking lot located adjacent to the subject site. Cerca Del Mar requires 55 parking spaces, and the site contains 64 parking spaces, thereby meeting and exceeding the parking requirement by 9 parking spaces. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1 . The following conditions shall only apply to the dwelling unit addressed as 415 20th Street, and the Short Term Rental use shall only occur in the principal structure. Christopher Taing Page 2 of 5 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Christopher Taing Page 3 of 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10.00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time Christopher Taing Page 4 of 5 or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Christopher Taing Page 5 of 5 Submitting Department/Agency: Planning Department City Manager: 1169 Agrenda A•• Christopher • operty Owners: Theng Taing & Sawaluk Taing Planning Commission Public2026 V_B, CouncilCity • •. Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommenda lion ; Approval Staff Planner Alexis Bailey ;� Location 415 20th Street GPIN �< < 2427084082 Site Size Y 6,702 square feet Ai{.UZ STtN �4 tst V1A,N1P 9�p T l 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District AF st Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districtsa ' North 20th %Street Hotel /OR Oceanfront Resort v' South 20t" Street - "' • � Industrial Office/OR Oceanfront Resort y East q Parking lot/OR Oceanfront Resort West Single-family dwelling/OR Oceanfront Resort Christopher Taing Agenda Item 21 page 1 of 15 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 415 20th Street. The site contains a single-family dwelling and is zoned OR Oceanfront Resort District. • According to City records, this three-bedroom home was constructed in 1956. • Staff inspected the site on June 17, 2026 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • A Notice of Violation was issued by staff on April 21, 2026, for the operation of a Short Term Rental without a Conditional Use Permit or Short Term Rental Zoning Permit. The Violation was resolved when the rental listing was changed to list the site as a home share. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental, and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of June 17, 2026, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No May 26, 2026 Yes Christopher Taing Agenda Item 21 page 2 of 15 Short Term Rentals in the Vicinity �s «+ S1 } 1 20" _ t 4 - F i reF 1 � t i ' i 11 'fit Short Term Rentals ; 0 STR Pe-m:ts(20) Christopher Taing Agenda Item 21 page 3 of 15 Summary ofProposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 3 (2 on-site, 1 off-site) Christopher Taing Agenda Item 21 page 4 of 15 Zoning • # Request CUP (Short Term Rental) Approved OR(STR-01R) 1 06/09/2020 20t 4 Hp1.F ST CUP (Short Term Rental) Approved 2 06/09/2020 CUP (Short Term Rental) Approved 06/09/2020 MDC Approved 11/09/2010 /,O,R 3 CUP (Commercial Parking Lot) Approved OR{ST.R-ORj 03/10/2009 1 r 2oiN 51 ��OR�(STR-O�R) Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT.•Alternative Compliance Evaluation - • • • The applicant is requesting to operate a three-bedroom Short Term Rental within an existing single-family dwelling. The three-bedroom dwelling requires three parking spaces. The site contains a two-car driveway, and the applicant has submitted an Intent to Lease Off-Site Parking Agreement to lease two parking spaces at the Cerca Del Mar parking lot located adjacent to the subject site. Cerca Del Mar requires 55 parking spaces and the site contains 64 parking spaces thereby meeting and exceeding the parking requirement by nine parking spaces. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met and that the use of the property at this location for Short Term Rentals is appropriate. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Christopher Taing Agenda Item 21 page 5 of 15 Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 415 20th Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Christopher^Taing Agenda Item 21 page 6 of 15 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. Christopher Taing Agenda Item 21 page 7 of 15 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Christopher Taing Agenda Item 21 page 8 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August 5, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 1, 2026 and September 8, 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 31, 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 September 11, 2026. Christopher Taing Agenda Item 21 page 9 of 15 Parking Plan ,28 Cerca Del Mar Parking Lots ye 5 w 1 } � r f v# d Subject Site . w Christopher Taing Agenda Item 21 page 10 of 15 s.$ nY ,a . r�fst Site Photos ti ,ate ##Will . �• � #' I L Christopher Taing Agenda Item 21 page 11 of 15 Disclosure CITY 01 ■' Disclosure VIRGINIA StatementBEACH 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 ail applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Is Applicant also the Owner of the subject property? Yeso No If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes Q No© If yes,name Representative: 1 �� n t ov Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity Z relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No ' If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No() If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER i Name entity and/or individual Financing(mortgage,deeds of trust, O cross-col laterallzation,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Christopher Taing Agenda Item 21 page 12 of 15 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation o Architect/Designer/Landscape O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent _ _0 Legal Services _ 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. ( Applicant Name(Print) Applicant Signature Date i"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 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 same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§2.2-3101, FOR CITY USE ONLY: No changes as of(date): 8/25/026 Alexis Bailey /lit%4 ��r��ri��ri _BJ2.5J2_ 26 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Christopher Taing Agenda Item 21 page 13 of 15 Disclosure SECTION - • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: —"'jt � /Sawaluk Taing as listed on application 1 Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant.(Attach list!f necessary.) E: --- Does the subject property have a proposed or pending purchaser? Yeso No�— If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 N.0 if yes_,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor _o _ Engineer/Surveyor/Agent 0 Legal Services 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. ?Lyi(i 7N+noJSawaluk Taing Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Christopher Taing Agenda Item 21 page 14 of 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Christopher Taing Agenda Item 21 page 15 of 15 A C� 20TH HALF SS �c m OR(STR-OR) OR 20TN gT v m< OR(STR-OR) Site Christopher Taing Q Zoning 415 20th Street w " 0 Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 8/11/2026 STIR VICINITY MAP CHRISTOPHER TAING r � M t t _ i 7tsl Sl , -- 'l 20 w 5, 1 t Short Term Rentals Q STR Permits(20) Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #21 Christopher Taing Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: And the last item on the consent agenda is item 21, Christopher Taing, property owners. Welcome, sir. Please state your name for the record. Mr. Taing: Christopher Taing. Ms. Byler: Are the conditions acceptable to you? Mr. Taing: Yes,ma'am. Ms. Byler: Thank you. You may be seated. Mr. Taing: Thank you. Ms.Byler: Is there any opposition to this item being added to the consent agenda? Hearing none, I've asked the commissioner for District 6, Commissioner Plumlee,to read it into the record. Mr.Plumlee: This is an application for a short-term rental conditional use permit by Christopher Taing for 415 20th Street. It meets the requirements of the zoning ordinance. There is no opposition. Therefore,the Planning Commission believed it appropriate for consent. Ms.Byler: Thank you. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Byler: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda,your request will be now scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 415 20tn Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5)years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • GREEN RIBBON COMMITTEE • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • PUBLIC LIBRARY BOARD • STORMWATER APPEALS BOARD • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • VIRGINIA BEACH TOWING ADVISORY BOARD • WETLANDS BOARD M. UNFINISHED BUSINESS M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the https://vbgov.webex.com/weblink/register/re22e2f73bf63217e27b8073761483800 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 15, 2026. CITY OF VIRGINIA BEACH J SUMMARY OF COUNCIL ACTIONS A R C O K S B H S S DATE:09/01/2026 PAGE: 1 E C U O S 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#a SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIL'S BRIEFING A. ZERO WASTE AWARENESS WEEK SOCIAL Terry Ann Stevens, MEDIA CAMPAIGN Chair—Virginia Beach (Requested by Mayor Dyer,Vice Mayor Clean Community Wilson,and Council Members Cummings, Commission Hutcheson,Remick,Rouse,and Schulman) Kristi Rines,Media& Communications Coordinator,Public Works II.-VI. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES 1. INFORMAL AND FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y August 11,2026 2. INFORMAL AND FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y August 18,2026 3. FORMALSESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y August 25,2026 H. MAYOR'S PRESENTATION 1. VIRGINIA BEACH CLEAN COMMUNITY COMMISSION—PROGRAM ANNOUNCEMENT Terry Ann Stevens,VBCCC Chair Kristi Rines, Media and Communications Coordinator—Public Works I. PUBLIC HEARING 1. ACQUISITION OF AGRICULTURAL LAND NO SPEAKERS PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 31.98 acres at 4469 Charity Neck Road K.1. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease for City-owned property for CONSENT up to four(4) years and ten (10) months at Virginia Beach Farmers Market, Building 1, space 10 and the Guard House re TFK Deli LLC K.2. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease for City-owned property for CONSENT up to four (4)years and ten (10) months at Virginia Beach Farmers Market, Building 8, spaces 23 & 24 re Wild Works of Whimsy, LLC(d/b/a Southern Branch Nursery) CITY OF VIRGINIA BEACH J SUMMARY OF COUNCIL ACTIONS A R C O K S B H S S DATE:09/01/2026 PAGE: 2 E C U O S R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.3. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as Lake Joyce,located at the rear of 4300 Ben Gunn Road re maintain an existing block bulkhead, construct and maintain a timber pier and vinyl bulkhead DISTRICT 9 K.4. Ordinance to CARRY FORWARD and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$3,452,091 into the FY 2026-27 CONSENT Operating Budget re purposes previously approved in FY 2025-26 K.S. Ordinance to AUTHORIZE $53,870 from the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y General Fund Reserve for Contingencies to the CONSENT Non-Departmental Section FY 2026-27 Operating Budget re award a grant to the Great Neck Athletic Association for the Virginia Beach Youth Tackle Football League(Requested by Mayor Dyer,Vice Mayor Wilson, Council Members Cummings and Jackson-Green) K.6. Resolution to APPROVE the FY-2027 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Performance Contract with the CONSENT Commonwealth of Virginia and ACCEPT and APPROPRIATE $262,235 from the Virginia Department of Behavioral Health and Development Services to the FY 2026-27 Human Services Operating Budget re Mental Health, Developmental and Substance Use Disorder K.7. Ordinance to AMEND the Virginia Beach City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Public Schools FY 2026-27 Operating Budget CONSENT and Capital Improvement Plan(Requested by School Board) K.8. Ordinance to ACCEPT and APPROPRIATE$5- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y MILLION in pass-through revenue from the CONSENT Commonwealth to the City of Virginia Beach Development Authority re contribution to the Atlantic Park Development Project and DIRECT the City Manager to ENTER into a Memorandum of Understanding(MOU)with the Secretary of Commerce and Trade for the Commonwealth L.1. THE CHURCH IN VIRGINIA BEACH for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions to Conditional Use MODIFIED/ Permit re religious use at 5263 Greenwich CONDITIONED,BY Road DISTRICT 1 CONSENT L.2. STEPHANIE L. MARTIR-HOUCK for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions to a Subdivision MODIFIED/ Variance re construct an addition to the CONDITIONED,BY existing single-family home at 4121 Charity CONSENT Neck Road DISTRICT 2 CITY OF VIRGINIA BEACH J SUMMARY OF COUNCIL ACTIONS A R C 0 K S B H S S DATE:09/O1/2026 PAGE: 3 E C U 0 SR 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 1 O U M S AGENDA H G E E O E C N S A 0 ITEM#; SUBJECT MOTION VOTE I S R Y N N K D E N N L.3. SHAKILAH VERNER for a Conditional Change in APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Zoning from R-7.5 Residential to Conditional PROFFERED District A-12 Apartment District re construct a duplex at 4916 Euclid Road DISTRICT 4 L.4. UNIQUE HEARTS,LLC/VB IBC GROUP,LLC& APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CPG INDEPENDENCE LLC for a Conditional Use CONDITIONED,BY Permit re adult daycare at 408 Investors Place, CONSENT Suite 107 DISTRICT 3 L.S. CASA DE NUEVOS COMIENZOS/TRC CENTER APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Conditional Use Permit re religious CONDITIONED,BY use at 230 Clearfield Avenue, Suite 103 CONSENT DISTRICT 4 L.6. PAMELA HINTON /TINY ROOT LEARNING APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CENTER,LLC/CONNEMARA ASSOCIATES,LLC CONDITIONED for a Conditional Use Permit re childcare education facility at 1543 Amberley Forest Road DISTRICT 10 L.7 Ordinance to AMEND City Zoning Ordinance APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y (CZO) Section 2303 re short term rental ALTERNATE VERSION, parking requirements(Deferred from August BY CONSENT 11,2026) L.8. Ordinance to AMEND City Zoning Ordinance DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y (CZO)Section 241.2 re short term rentals INDEFINITELY,BY CONSENT L.9. Ordinance to AMEND the Official Zoning Map DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y by designation and reduction of property INDEFINITELY,BY located in the Oceanfront Resort Short Term CONSENT Rental Overlay District M. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD BAYFRONT ADVISORY COMMISSION Appoint: 11-0 Y Y Y Y Y Y Y Y Y Y Y William A.Shield— 3 Year Term 9/1/2026-8/31/2029 CITY OF VIRGINIA BEACH J SUMMARY OF COUNCIL ACTIONS A R C O K S B H S S DATE:09/01/2026 PAGE: 4 E C U O S 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 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 BEACHES AND WATERWAYS ADVISORY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Robert Mandigo— Representing District 1 3 Year Term 10/1/2026-9/30/2029 CLEAN COMMUNITY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Latika Prasadh— Representing Junior High School Student Student Term 9/1/2026-6/30/2027 GREEN RIBBON COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Bailey Wilkins— Gillian Tang— Representing High School Students Student Term 9/1/2026-6/30/2027 WETLANDS BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Stephen B.Ballard— Representing Full Member 5 Year Term 9/1/2026-8/31/2031 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:39 P.M. OPEN DIALOGUE 4 SPEAKERS 6:51 P.M.