Shore Dr. Condo Project (Marlin Bay)

On Wednesday, June 10 the Planning Commission voted 9-1 ( and one abstention) to recommend approval of the project to the City Council. The project will be on the City Council Agenda in July for final action.

The applicant added two proffers prior to the May 21 BAC meeting in response to BAC Design Committee recommendations: addition of a Pet Relief Station and prohibiting ‘noxious’ or unwelcome uses of the commercial space: bars, nightclubs, vape shop. At the last minute before the Planning Commission Meeting on June 10, the application was further amended by the applicant to include more of the conditions that the Bayfront Advisory Commission attached to their qualified recommendation for approval.

The changes: the building height on Shore Drive was reduced by 10 ft and the strongly vertical design features were changed to be more horizontal as called for in the Shore Drive Design Guidelines.

The last condition of the BAC approval was for additional use of permeable materials on site and that is still under consideration by the applicant.

Here is the CoVB Planning Department Staff Report and a complete list of proffers (voluntary actions) by the applicant.

Proffer #1 : The Property shall be developed in substantial conformity with the conceptual site plan entitled “SHORE DRIVE  CONDOMINIUM PROJECT CONCEPTUAL SITE DEVELOPMENT PLAN”, prepared by Timmons Group dated May 12, 2026 (“Conceptual Site Plan”), which has been exhibited to the Virginia Beach City Council (“City Council”), is on file with the Virginia Beach Department of Planning & Community Development (“Planning Department”) and is included herein by this reference. Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 

Proffer #2 : The architectural design, appearance and exterior building materials of the building to be built on the Property shall be substantially compatible with the architectural design, appearance and exterior building materials depicted on the building renderings entitled “SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL RENDERINGS”, dated December 19, 2025, prepared by Cox, Kliewer & Company, P.C. and the building elevations entitled “SHORE DRIVE CONDOMINIUM PROJECT MATERIAL SAMPLE ELEVATION”, dated January 28, 2026, prepared by Cox, Kliewer & Company, P.C., which have been exhibited to City Council, are on file with the Planning Department and are included herein by this reference. 

Proffer #3 : The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled “SHORE DRIVE CONDOMINIUM PROJECT CONCEPTUAL LANDSCAPE PLAN” prepared by Timmons Group dated May 12, 2026 (“Landscape Plan”), which has been exhibited to City Council, is on file with the Planning Department and is included herein by this reference. Significant changes to the Landscape Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 

Proffer #4 : All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. 

Proffer #5 : All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. 

Proffer #6: A designated pet relief area will be provided on the Property for residents. 

Proffer #7 : Prior to final site plan approval, GRANTOR will convey to GRANTEE a public access easement for portions of the multi-use trail along Shore Drive that are located outside the existing public right-of-way. 

Proffer #8 : The following uses will be prohibited on the Property whether by right or with a conditional use permit: bars and nightclubs; liquor stores and the sale of vape products. 

Proffer #9 : The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void.