OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Virginia Beach Planning Commission Hearing - May 13, 2026

Planning Commission Meetings — Wednesday, May 13, 2026
BodyVirginia Beach, Virginia
SessionPlanning Commission Meetings
DateWednesday, May 13, 2026
StatusFILED
Video Record
0:00 / 5:16:12

Transcript — Verbatim
0:09

Good morning, everyone, and thank you, Planning Commissioners and City's staff for your participation today.

0:15

My name is John Coston, and I'm the chair of the Planning Commission.

0:19

Welcome to the May 13th planning hearing.

0:25

Not a lot today.

0:33

No, just we recognize it as a very full agenda today.

0:36

We have numerous briefings that were time sensitive, and so we just had to load it up.

0:41

So we're gonna try for staff end to get through the agenda item briefings as quickly as possible, leaving room for questions, but making sure we have time to get through the briefs so we can go ahead and get started.

1:13

Good morning, Chair, Vice Chair, and Commissioners.

1:15

For the record, my name is Seth Edwards.

1:17

Oh, I don't development services administrator.

1:21

I'm gonna try and keep these as quick as I can, knowing that you've got a full morning here.

1:26

Uh item one is an ordinance to amend section 3319 of the city's streets and sidewalks ordinance to consolidate the regulations related to the hauling of sand, gravel, topsoil, fill, or other excavated material.

1:38

These regulations are currently included in the subdivision regulations, site plan ordinance, and the streets and sidewalks ordinance.

1:45

This amendment proposes to move all of the aforementioned regulations into the streets and sidewalks ordinance.

1:51

And this amendment will also allow hauling plans to be included as a part of the site plan or subdivision construction plan review process in order to streamline the overall review process.

2:00

Staff have not received any opposition to this request and are requested or recommending approval to provide clearer and more consistent guidance for staff and applicants.

2:13

Yes.

2:14

Um did you reach out to the um the site community, the the construction people do?

2:22

Not specifically with this, but this has been an ongoing discussion for years and years.

2:26

Um so it's something that staff has wanted to update for clarity.

2:29

It's something that the external community has wanted to update for clarity, and this puts it all in one place, makes it much more clear what we're asking for, and also attaches it so that right now it goes through a separate process for review and approval its own application, even if it's part of a site plan or subdivision construction plan that's already coming through us, and now we can combine it through that one.

2:50

I'm fine with it.

2:51

I just just wanted to see if you any recent uh conversations.

2:55

Actually, I'll say that the spur of moving this along was uh request from the development community asking us to do this.

3:03

Um other questions.

3:14

Chair, if I could pause really quick.

3:15

We just got the WebEx up and working, and Commissioner Plumley is participating virtually, so I just wanted to make that notation.

3:22

And Commissioner Plumley, if you can go ahead and um say that you are here and state the reason for your virtual attendance today and where and where you are located.

3:37

You should be able to unmute yourself.

3:43

Maybe Commissioner Plumley, can you hear us?

3:55

Technology.

3:56

We can go to item two and we'll continue to troubleshoot.

4:02

Okay, so everyone's good with consent for item one.

4:09

This will be very similar to item one.

4:11

I'll be here for two and three.

4:13

So I hope that you're getting used to my voice here.

4:16

Item two is related to the previous item and an ordinance to amend section 7.1 of the city's subdivision regulations to consolidate all of the regulations relating to hauling of sand, gravel tops or fill, or other excavated material as previously mentioned.

4:30

These are currently in the subdivision regulations, site plan ordinance, and streets and sidewalk ordinance.

4:35

And this amendment for item two will remove all of the regulations related to those excavated materials from the subdivision regulations.

4:43

We have not received any opposition to this request and are recommending approval for clearer and more consistent guidance.

5:01

Item three, once again, is related to the same item of hauling of sand, gravel, topsoil, fill, or other excavated material.

5:10

This specific request for item three is to amend Section 4 of the city site plan ordinance to remove all related regulations to that topic.

5:21

It's all being moved into the city streets and sidewalks ordinance as discussed with item one, and staff have not received any opposition to this request and recommending approval to provide clearer and more consistent guidance.

5:33

Yeah.

5:34

So for the purpose of the record, we were asked to submit questions before this hearing.

5:39

Those would not appear on the public record.

5:41

So I would just like to clarify for the record that this package of three proposed amendments does not add any new requirements.

5:50

Does not change who is reviewing these items.

5:53

It just groups them in a different place of the code and changes the sequence.

5:58

In other words, the timing ideally to streamline it.

6:00

Are those three things correct?

6:02

Yes, that is all correct.

6:03

Thank you, sir.

6:07

Oh, it'll be remote, sir.

6:10

Yes.

6:10

Thank you.

6:20

Good morning, Commissioners.

6:21

Um Hannah Sabo Zoning Administrator.

6:23

Item four is an amendment to the mobile homes section, which is chapter 19 of the city code.

6:30

Uh, this tax amendment updates that section to um more aligned with current policy.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████33%
Subdivision Variance█████████████13%
Procedural██████████10%
Conditional Rezoning██████6%
Short-Term Rentals█████5%
Economic Development█████5%
Environmental Protection████4%
Parks and Recreation████4%
Technology and Innovation███3%
Summary of Proceedings

The Virginia Beach Planning Commission convened on May 13, 2026, for a full-day session that included informational briefings on IT voting upgrades, state legislative updates, short-term rental (STR) boundary and parking changes, and the Indian River/Intermodal Transportation Area (ITA) master plan, followed by a public hearing on numerous zoning and subdivision applications. The commission recommended approval of 12 consent items and heard six regular agenda items, with recommendations ranging from approval to deferral.

Consent Calendar

  • Items 1–5: Text amendments consolidating hauling regulations, updating mobile home code, and updating stormwater fees. Approved without opposition.
  • Item 6 (Kelco Inc.): Subdivision variance at Holland Road to legitimize a 19,602 sq ft parcel for a single-family dwelling. Approved with conditions.
  • Items 9–11, 14–15, 18: Various conditional use permits (CUP) modifications for a farm stand food truck, car wash relocation, tattoo parlor expansion, wedding venue, family daycare, and short-term rental at Oceans 2. All approved by consent, with minor modifications (e.g., operating hours for Item 9).
  • Minutes: Approved with noted abstentions.

Public Comments & Testimony

  • Item 7 (BHC LLC): Drew Hitt, a redeveloper and nearby property owner, opposed the subdivision variance, arguing it would change the neighborhood's character and set a dangerous precedent. He stated the lots were incompatible with the original suburban character.
  • Item 8 (DS Investors Inc.): Johnny McCoy, a resident of 38 years, opposed the variance, citing traffic, safety, and parking concerns, and argued it undermines prior City Council actions to preserve neighborhood character.
  • Item 16 (Debbie's Daycare): No speakers appeared in opposition; the applicant and her attorney presented the case.
  • Item 17 (First Colonial Development): No public speakers signed up.

Discussion Items

Informational Briefings

  • IT Voting Tablet Upgrade: Staff introduced new iPad-based voting system to be used starting June 10, 2026.
  • State Legislative Updates: Zoning Administrator Hannah Sabo presented several state code changes effective July 1, 2026, affecting wireless facilities, solar facilities, residential parking, small lots, and manufactured homes. Key changes include allowing solar farms by CUP in certain districts, requiring a district allowing single-family on lots ≤3,000 sq ft, and new faith-based housing provisions effective Jan 1, 2027.
  • STR District & Parking: Staff briefed on a proposed reduction of the Oceanfront Resort STR overlay boundary and a prohibition on using city parking garages to meet STR parking requirements. The commission expressed need for public input and planned to bring a recommendation to City Council within 90 days.
  • ITA Master Plan Update: A conceptual draft for the ITA was presented, proposing sports tourism enhancements (baseball complex, multi-use stadium, cross-country course), light industrial/flex development, and municipal facilities. Total cost estimated at $57M. The commission requested a special meeting to continue discussion due to time constraints.

Regular Agenda Hearings

  • Item 7 (BHC LLC): Subdivision variance to create five single-family lots at 313 Gatewood Avenue. Staff recommended denial citing self-created hardship, but the applicant argued community preference for single-family over duplexes. After hearing opposition, the commission voted 10-1 to approve.
  • Item 8 (DS Investors Inc.): Subdivision variance for a 55-foot corner lot at 845 Kennedy Avenue in Shadow Lawn. Staff recommended approval citing consistency with prior council action. Despite 29 opposition letters and a speaker against, the commission voted 10-1 to approve.
  • Item 12 (Virginia Electric and Power Co.): Modification of conditions to allow tree removal for substation expansion. Staff recommended approval. The commission added a condition for one-year landscaping maintenance and voted unanimously to approve (with one amendment).
  • Item 13 (City of Virginia Beach): Rezoning of 1.7 acres from R7.5 to P1 preservation. Staff recommended approval, but several commissioners opposed, citing the need for housing and lack of clear justification. The commission voted unanimously to defer for 30 days.
  • Item 16 (Debbie's Daycare LLC): CUP for a family daycare home at 757 Hilltop Road. Staff recommended approval. The applicant testified she had operated for decades and needed to increase capacity. The commission voted to approve (Commissioner Plumley abstained).
  • Item 17 (First Colonial Development LLC): CUP for low-speed vehicle sales/rental at 601 Nevin Road. Applicant requested a 7-year permit term instead of 5 to align with financing. After debate, a substitute motion for 5 years with a possible 2-year administrative extension passed 10-1.

Key Outcomes

  • Approved by Consent: Items 1–6, 9–11, 14–15, 18 (11-0 vote).
  • Deferred: Item 13 (30-day deferral, unanimous).
  • Approved as Presented or Modified:
    • Item 7: Approved (10-1).
    • Item 8: Approved (10-1).
    • Item 12: Approved with added condition (unanimous).
    • Item 16: Approved (with one abstention).
    • Item 17: Approved with modified term (10-1).
  • Item 19 (STR CUP): Deferred 30 days at applicant's request.
  • Next Steps: The commission will hold a special meeting on the ITA Master Plan; staff will bring forward STR overlay amendments for a vote in June or July; the city will update zoning ordinances to comply with state code changes.

Meeting Transcript

Good morning, everyone, and thank you, Planning Commissioners and City's staff for your participation today. My name is John Coston, and I'm the chair of the Planning Commission. Welcome to the May 13th planning hearing. Not a lot today. No, just we recognize it as a very full agenda today. We have numerous briefings that were time sensitive, and so we just had to load it up. So we're gonna try for staff end to get through the agenda item briefings as quickly as possible, leaving room for questions, but making sure we have time to get through the briefs so we can go ahead and get started. Good morning, Chair, Vice Chair, and Commissioners. For the record, my name is Seth Edwards. Oh, I don't development services administrator. I'm gonna try and keep these as quick as I can, knowing that you've got a full morning here. Uh item one is an ordinance to amend section 3319 of the city's streets and sidewalks ordinance to consolidate the regulations related to the hauling of sand, gravel, topsoil, fill, or other excavated material. These regulations are currently included in the subdivision regulations, site plan ordinance, and the streets and sidewalks ordinance. This amendment proposes to move all of the aforementioned regulations into the streets and sidewalks ordinance. And this amendment will also allow hauling plans to be included as a part of the site plan or subdivision construction plan review process in order to streamline the overall review process. Staff have not received any opposition to this request and are requested or recommending approval to provide clearer and more consistent guidance for staff and applicants. Yes. Um did you reach out to the um the site community, the the construction people do? Not specifically with this, but this has been an ongoing discussion for years and years. Um so it's something that staff has wanted to update for clarity. It's something that the external community has wanted to update for clarity, and this puts it all in one place, makes it much more clear what we're asking for, and also attaches it so that right now it goes through a separate process for review and approval its own application, even if it's part of a site plan or subdivision construction plan that's already coming through us, and now we can combine it through that one. I'm fine with it. I just just wanted to see if you any recent uh conversations. Actually, I'll say that the spur of moving this along was uh request from the development community asking us to do this. Um other questions. Chair, if I could pause really quick. We just got the WebEx up and working, and Commissioner Plumley is participating virtually, so I just wanted to make that notation. And Commissioner Plumley, if you can go ahead and um say that you are here and state the reason for your virtual attendance today and where and where you are located. You should be able to unmute yourself. Maybe Commissioner Plumley, can you hear us? Technology. We can go to item two and we'll continue to troubleshoot. Okay, so everyone's good with consent for item one. This will be very similar to item one. I'll be here for two and three. So I hope that you're getting used to my voice here. Item two is related to the previous item and an ordinance to amend section 7.1 of the city's subdivision regulations to consolidate all of the regulations relating to hauling of sand, gravel tops or fill, or other excavated material as previously mentioned. These are currently in the subdivision regulations, site plan ordinance, and streets and sidewalk ordinance. And this amendment for item two will remove all of the regulations related to those excavated materials from the subdivision regulations. We have not received any opposition to this request and are recommending approval for clearer and more consistent guidance. Item three, once again, is related to the same item of hauling of sand, gravel, topsoil, fill, or other excavated material. This specific request for item three is to amend Section 4 of the city site plan ordinance to remove all related regulations to that topic. It's all being moved into the city streets and sidewalks ordinance as discussed with item one, and staff have not received any opposition to this request and recommending approval to provide clearer and more consistent guidance. Yeah. So for the purpose of the record, we were asked to submit questions before this hearing. Those would not appear on the public record. So I would just like to clarify for the record that this package of three proposed amendments does not add any new requirements. Does not change who is reviewing these items. It just groups them in a different place of the code and changes the sequence. In other words, the timing ideally to streamline it.

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