Planning commission approves fence-code changes, withdrawals and short-term rental permits; modifies Boulevard Holdings bike-rack condition

The Virginia Beach Planning Commission on March 13 approved a series of consent items, recorded two applicant withdrawals and approved several short-term rental permits, and modified a condition related to a bicycle rack placement.

On the consent agenda the commission recommended approval of two zoning changes affecting fences: an amendment to zoning-ordinance section 201E to require permits only for fences within 30 feet of the right of way and to require that “the good side” of the fence face the right of way; and a change moving the permit-and-fee language from city code section 8.31.1 into section 201 of the zoning ordinance while keeping the $50 fee and the 30-foot threshold. Staff described the changes as consolidating fence rules into one place and aligning practice with policy.

The commission placed items 1, 2, 3 and 5 on the consent agenda and approved them by recorded vote of 11–0 with one abstention on item 5 by Commissioner Plumlee. Item 3 (a partition-plat/subdivision variance matter for Joel and Whitney Johnson) was discussed briefly on the record; staff noted the recorded partition plat did not contain the planning director’s approval and that the existing lot width did not meet AG-1/AG-2 requirements, creating the need for a subdivision variance.

Boulevard Holdings LLC’s application was approved on the consent agenda with a modification to condition 3 after discussion: the commission added language allowing the required bicycle rack either on-site or at a nearby acceptable location approved by city staff (for enforceability the condition still requires on-site placement if an agreement on an alternative location cannot be reached). City staff and the city attorney advised that an enforceable condition must apply to the subject property, so the approved modification permits an alternative location only if it is acceptable to staff and legally documented.

The commission also recorded withdrawals: item 4 (applicant Phil M. Bonifant) was accepted for withdrawal by a vote of 11–0; items 11 and 12 (Harrison Lear Incorporated) were accepted for withdrawal and were recommended for withdrawal by a vote of 10–0 with one abstention recorded earlier in the proceeding (Commissioner Kemp and/or other commissioners’ abstentions were recorded per the clerk’s roll calls). Several public speakers addressed the planned withdrawals before the commission took the vote.

Minutes for several meetings were approved: the 01/30/2025 comprehensive plan workshop minutes; the 02/12/2025 formal and informal hearing minutes; and the 03/06/2025 site visit minutes. Votes and abstentions were recorded in the clerk’s statements (e.g., the 01/30/2025 minutes were recommended for approval by recorded vote with abstentions noted). The clerk read the roll call tallies into the record for transparency.

On the regular agenda the commission approved conditional use permits for short-term rental applications (items 7 through 10 — Craig and April Dean and related addresses) by recorded votes listed in the minutes (items 7 and 8–10 were recommended for approval as noted in the record). One public speaker supported the applicants for short-term rental approvals.

All consent-agenda approvals and the recorded withdrawals are recommendations to the Virginia Beach City Council where applicable; final action on zoning and code changes will follow the council’s consideration.