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HomeMy WebLinkAbout2-17-2026 FORMAL SESSION AGENDA City of Virginia Beach - ._ "COMMUNITY FOR A LIFETIME11 OF OUR A.�1Ot�' City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash" Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 CJacksonGreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 StCummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 ivrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 Schulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com. City Council Appointees Patrick A. Duhaney City Hall, Building 1 City Manager 2401 Courthouse Drive Mark D. Stiles Virginia Beach, VA 23456 City Attorney Phone: 757-385-4303 Lyndon S. Remias Fax: 757-385-5669 City Auditor Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda February 17, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. General Assembly Update 1:30 P.M. Brent McKenzie, Legislative Affairs Director B. Customer Service and Development Review Statistics 2:30 P.M. Kathy Warren, Director- Planning (Requested by Mayor Dyer & Council Member Remick) II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. III. CITY COUNCIL AGENDA REVIEW 3:15 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS— February 3, 2026 2. SPECIAL FORMAL SESSION — February 10, 2026 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Captain Joshua A. "Noodle" Appezzato 2. PROCLAMATION —School Crossing Guards Appreciation Day Sergeant Brian Mileski, Homeland Security Special Operations— Police Department Officer Skye Suetter— Police Department I. PUBLIC HEARING 1. LEASE - FIBER OPTIC DARK CABLE TO LUMOS TELEPHONE LLC J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Lynbrook Landing Sidewalk Improvements Project, CIP 100423.112 2. Ordinance to AMEND City Code Section 21-230 re inclusion of South Woodhouse Road in the Traffic Calming Program 3. Ordinance to AMEND City Code Section 23-2 re curfew for unaccompanied minors 4. Resolution to PROVIDE direction to the City Manager re signage on public property (Requested by City Council) 5. Resolution to ESTABLISH a "Virginia Beach Sports District" and AUTHORIZE the City Manager to take actions in support (Requested by Mayor Dyer and Council Members Henley, Jackson-Green, Remick and Schulman) 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the School Board and APPROPRIATE miscellaneous revenue re use of school buses during the National High School Coaches Association Senior Nationals 7. Ordinance to AMEND the FY 2025-26 Capital Improvement Program (CIP) for Flood Protection re Eastern Shore Drive projects 8. Ordinance to APPROPRIATE $40,000 from the fund balance of the Commonwealth's Attorney's Forfeited Assets Special Revenue Fund to the FY 2025-26 Commonwealth's Attorney's Operating Budget re remodel existing office space 9. Ordinance to ACCEPT and APPROPRIATE $2,953,209 in surplus Regional Surface Transportation Program funds to Capital Project#100057, "Centerville Turnpike Phase II" re roadway improvement 10. Ordinance to ACCEPT and APPROPRIATE $24,346.47 from the Commonwealth's Office of Emergency Medical Services to the FY 2025-26 Department of Emergency Medical Services (EMS) Operating Budget and AUTHORIZE a 50% in-kind grant match re four (4) portable ventilators and accessories 11. Ordinance to TRANSFER$1-Million within the FY 2025-26 Capital Improvement Program (CIP) from Capital Project#100552, "Western Branch Lynnhaven River Maintenance Dredging II" to Capital Project#100345, "Rudee Inlet Outer Channel Maintenance Dredging II" re dredging L. PLANNING 1. DAVID A. & ROBIN PARKER for a Street Closure re approximately 3,750 square feet of Arctic Avenue adjacent to 300 Winston Salem Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 2. CARDINAL SIGN CORPORATION / VS CORP INC for an Alternative Compliance re replace existing monument sign at 4616 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 3. MATTHEW SCORNAVACCHI for a Modification of Conditions to a Change in Nonconformity re modify previously approved concept plan, renderings and elevations for existing staircase, deck and future handicap accessible ramp at 514 9th Street DISTRICT 5 RECOMMENDATION: APPROVAL 4. STAR OF THE SEA CATHOLIC CHURCH & CATHOLIC DIOCESE OF RICHMOND/ CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re Commercial / Church parking lot at 1500 Pacific Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 5. PATRICK &JOYE PATZER for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District re retail store at 901 First Colonial Road DISTRICT 6 RECOMMENDATION: APPROVAL 6. BIVI/PADEL, LLC/ LASKIN ROAD ASSOCIATES, LP for a Conditional Use Permit re indoor recreational facility at 941 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 7. C THE JEMS, LLC/ RICHARD D. GOLDSTEIN &JAMES P. GOLDSTEIN for a Conditional Use Permit re bulk storage yard at 1361 Virginia Beach Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL 8. ZAKIYA WALCOTT/ HODA INVESTMENTS LLC for a Conditional Use Permit re assembly use at 5193 Shore Drive, Suite 108 DISTRICT 9 RECOMMENDATION: APPROVAL M. APPOINTMENTS • ADVERTISING ADVISORY COMMITTEE • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • DEFERRED COMPENSATION BOARD • HISTORIC PRESERVATION COMMISSION • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PERSONNEL BOARD • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • WETLANDS BOARD N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 17, 2026. I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. General Assembly Update 1:30 P.M. Brent McKenzie, Legislative Affairs Director B. Customer Service and Development Review Statistics 2:30 P.M. Kathy Warren, Director—Planning (Requested by Mayor Dyer & Council Member Remick) II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. III. CITY COUNCIL AGENDA REVIEW 3:15 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS— February 3, 2026 2. SPECIAL FORMAL SESSION — February 10, 2026 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Captain Joshua A. "Noodle" Appezzato 2. PROCLAMATION —School Crossing Guards Appreciation Day Sergeant Brian Mileski, Homeland Security Special Operations— Police Department Officer Skye Suetter— Police Department P <U �o of OUR NOIN 0 V( RESOL=ON WHEREAS: Captain Joshua Anthony Appezzato,call sign "NOODLE",hailing from that other great Navy community,the City of Alameda, California,proudly graduated in 2000 from the University of Notre Dame having earned degrees in both History and Spanish Literature, and having at the same time received his commission in the United States Navy, and who, having earned his Wings of Gold as a Naval Flight Officer in 2002,was then assigned to Strike-Fighter Squadron FOUR ONE(the world famous Black Aces)with which he twice deployed in support of Operation IRAQI FREEDOM, including the inaugural combat cruise of the FIA- 18F"Rhino"aboard USS NIA=(CVN--68);and WHEREAS: In 2006 Captain Appezzato was selected to attend the Navy s venerable Fighter Weapons School(known to the Navy and moviegoers alike as "TOPGUN')where he subsequently remained as a TOPGUN instructor. He then returned to the Fleet in 2009 making combat deployments with Strike-Fighter Squadron TWO-TWO and Strike Fighter Squadron ONE FIVE FOUR(Black Knights Rule!)in support of Operations ENDURING FREEDOM and NEW DA WN,after which he held command-at-sea at Strike- Fighter Squadron FOUR-ONE during which he expertly led the Black Aces on the 2018-19 around-the-world combat cruise aboard USS JOHN C.STENNIS(CVN-74),supporting Operations FREEDOM'S SENTINEL and INHERENT RESOLVE;and WHEREAS: Captain Appezzato has also served as the Air Operations Officer aboard USS GEORGE WASHINGTON(CVN-73), the Strike-Fighter community detailer at Navy Personnel Command,and the Safety Officer at Commander,Naval Air Force Atlantic, and earned a Master of Arts in Defense and Strategic Studies at the Naval War College;and WHEREAS: In the midst of accumulating more than 3,000 flight hours and 857 arrested landings in the FIA-18F, including 103 combat missions,thus earning two Meritorious Service Medals and multiple Strike/Flight Air Medals,Navy Commendation Medals, and other unit,campaign and service awards,he found the time in 2016 to craft a sufficiently intriguing profile that ultimately won the affection and hand in marriage of the former Miss Jill Daigle of Fresno,California,who, together with Captain Appezzato and their beloved CavaPoo,Parker,have graciously opened the haunted mansion known as the Bell House to friends far and wide;and WHEREAS: Since his assignment as Executive Officer in February 2023,and continuing throughout his tenure as NAS Oceana's Commanding Officer which began on August 9,2024,he vigorously fought to improve the critical infrastructure and the quality of life at the three bases under his command, while at the same time working to profoundly deepen the relationship between NAS Oceana and the City of Virginia Beach,especially through the intricate Navy-City collaboration necessary to produce three hugely successful Air Shows;and WHEREAS: Having created an enduring legacy which is best exemplified by his frequent description of NAS Oceana and the City of Virginia Beach as"the Land of Pleasant Living,"Captain Appezzato will be relinquishing command of Naval Air Station Oceana on February 19,2026, but who will always be known to exemplify the finest traditions of the U.S.Navy as an officer,a gentleman, a gallant warfighter,and a friend. NOW,THEREFORE,BEITRESOL VED: That the Virginia Beach City Councilpauses in its deliberations to recognize Captain Joshua "Noodle"Appezzato to thank him for his meritorious service to the Navy,our country,and our City. RESOLVED,that all citizens recognize Captain Appezzato's exemplary military service and this day is commemorated as: Captain Joshua ' oo&"Appezzato (Day Given by the Council of the City of Virginia Beach, Virginia the 176 day of February 2026 and present this Resolution duly signed by each Member of the Virginia RAkh City Council. 1p"unct Member Michael F.Berlucchi Caur tuber Stacy Cu Wing Council Member Barbara M.Henley U ti 4Jin-Green ouncilMember avid utcheo untilMemberC "Cas CoAcil Member Robert W. "Worth"Remick "-,�K AJ4-� Council Member Dr.Amelia Ross-Hammond 06ciLUember Jennifer V.Rouse Cou cil Member Joshhua F.Schulman Vice Mayor Ros ary Wilson Mayor Robert A"Bobby;''Dyer IA- 0 U C OF ov N I-00" j V Proclamation Whereas schoofcrossing guards playa vital role in keeping children safe on their way to andfrom school and must have a deep sense of responsibiCaty,a great deaf of character,and an ezceflent relationship with children,•and Whereas: school crossing guards support theVirginia Beach(Police(Department with community safety andare the guardians of the crosswaDk-and Whereas, school crossing guards make drivers more aware of pedestrians, and the guards guide children in learning the best practicesforwaD�-ng,cycling androang nearroadways;and Whereas: school crossing guards are dedicated individuals who are on duty each school day, rain or shine, greeting students,parents andstaff,and `Whereas the City of`Virginia Beach is proud of its school crossing guards and commends them high y for their commitment to the safety and weQ=6eing of our children;and Whereas: the safety and security of our young people is a top priority for Virginia Beach, and our City's hardworking school crossing guards deserve our heartfeft gratitude for their service to our community;and Whereas since 2014 the Virginia Department of Transportation has designated a date in February for recognition ofschoolcrossing guards. Now,T&rrfore I,Ro6ert 9•t. `Bob6y"(Dyer,;Mayor of the City of`firginia Beach,'Virginia do here6y proclaim: February 17, 2026 as ScFiool Crossing GuardAppreciatzon Day In 'Virginia Beach, I calf upon all citizens of the City of'Virginia Beach to show their support for the dedicated a'ossingguards serving our City,andl encourage aflmotorists to be especially carefulwhen driving nearschools. In 'Witness 'Whereof, I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia, to beaffixedthisSeventeenthDayofrFebruary,Two ThousandandTwenty-Siz 1�6ert 94. "Bobby"(Dyer Ifayor S I. PUBLIC HEARING 1. LEASE - FIBER OPTIC DARK CABLE TO LUMOS TELEPHONE LLC NOTICE OF PUBLIC HEARING LEASE OF DARK FIBER On February 17,2026,at 6:00 p.m.,in the Council Chambers of the City Hall Building 1, 2401 Courthouse Dr., Virginia Beach, Virginia,the Virginia Beach City Council will hold a public hearing.The purpose of this hearing will be to obtain public comment regarding a proposed lease of two strands of City-owned fiber optic cable to Lungs Telephone LLC. Any questions concerning this matter should be directed to the Department of Information Technology at(757)385-1381. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757.385-4303; Hearing impaired,tail TOO 711(TDD-Telephone Device for the Deaf). 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 February 17,2026. 2. Drnvnlead WebEx and view the meeting at: Itltos;fv�„ov-we x nn t Msn r egistcr/r92534rtid&45O4a07f 4e 1 b dfA51c4 All interested parties are Invited to participate. Amanda Barnes,MMC City Clerk PILOT-FEBRUARY 8,2026 itpr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Lease Agreement With Lumos Telephone LLC for Two Strands of Dark Fiber Located in the City's Communications Network PUBLIC HEARING: February 17, 2026 MEETING DATE: March 3, 2026 ■ Background: The City of Virginia Beach ("City") owns a fiber optic network for the purpose of providing communications capabilities to City government facilities ("City Network"). Certain bundles of fiber optic cable installed as part of the City Network are excess because they are not currently needed to meet the City's communications needs ("Available Fiber"). Lumos Telephone LLC ("Lumos") is a fiber optic network service provider that offers data, broadband, voice, and IP services in the mid-Atlantic region. The City's Information Technology Department received a request from Lumos to lease two strands of Available Fiber in the City Network. Lumos is currently expanding its communications capabilities in Hampton Roads and requested to connect to the City Network from a location near South Military Highway/Providence Road to Lumos's point of presence at Corporate Landing Parkway, covering approximately twenty (20) miles. ■ Considerations: The interest of the public, including the City's Economic Development goals, will be served by allowing Lumos to lease a portion of the Available Fiber, in accordance with the terms of a lease agreement. The proposed lease is for a six (6) month term ("Initial Term")with the option for up to nine (9) six(6) month renewals("Renewal Term(s)"), upon mutual written consent of both parties. Under the terms of the proposed lease, Lumos will pay the City $104,920.59 for the Initial Term, and an additional $103,734.00 per Renewal Term, if applicable. Lumos will apply for all necessary permits and will pay all associated costs to connect to the City Network. The proposed use of the City's Available Fiber by Lumos will not interfere with the City's continued use of the City Network. ■ Public Information: A public hearing was advertised on February 8, 2026, as required by Virginia Code §15.2-1800, with public notice via the normal City Council agenda process. The public hearing will be held on February 17, 2026. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, and Disclosure Form Recommended Action: Approval Submitting Depart ent/Agency: Information Technology City Manager: I AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A LEASE 3 AGREEMENT WITH LUMOS TELEPHONE LLC 4 FOR TWO STRANDS OF DARK FIBER 5 LOCATED IN THE CITY'S COMMUNICATIONS 6 NETWORK 7 8 WHEREAS, the City of Virginia Beach ("City") owns a fiber optic network for the 9 purpose of providing communications capabilities to City government facilities ("City 10 Network"); 11 12 WHEREAS, certain bundles of fiber optic cable installed as part of the City 13 Network are excess because they are not currently needed to meet the City's 14 communications needs ("Available Fiber"); 15 16 WHEREAS, Lumos Telephone LLC ("Lumos") is a fiber optic network service 17 provider that offers data, broadband, voice, and IP services in the mid-Atlantic region; 18 19 WHEREAS, Lumos desires to expand its communications capabilities in 20 Hampton Roads; 21 22 WHEREAS, in the interest of efficiency, Lumos finds that it is prudent and 23 economical to lease fiber optic cable, specifically, two strands of dark fiber, from the City 24 rather than to construct additional facilities of its own; 25 26 WHEREAS, the City believes that the interest of the public, including the City's 27 economic development goals, will be served by allowing Lumos to execute a lease for 28 two strands of dark fiber, in accordance with the terms of a lease agreement; and 29 30 WHEREAS, the proposed use of the City's Available Fiber by Lumos would not 31 interfere with the City's use of the City Network. 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a lease agreement 37 between Lumos and the City for a six (6) month term with the option for up to nine (9) 38 additional six (6) month renewals, upon mutual written agreement of the parties, for two 39 strands of dark fiber in the City Network, in accordance with the lease agreement and 40 such other terms, conditions and modifications as may be acceptable to the City 41 Manager and in a form deemed satisfactory by the City Attorney. 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: 14&12� U)a&ae,-0, _X� ttattd C__ Department of Information City Attorney's Office Technology CA17080 R-1 February 2, 2026 2 SUMMARY OF TERMS Dark Fiber Lease Agreement Between the City of Virginia Beach and Lumos Telephone LLC LESSOR: City of Virginia Beach ("City') LESSEE: Lumos Telephone LLC("Lumos") TERM: Six months("Initial Term")with the option to renew for up to nine (9)six(6) month renewal terms ("Renewal Term(s)"), upon mutual written agreement of the parties. LEASE FEE: Lumos will pay the City$104,920.59 for the Initial Term. Lumos will pay the City $103,734 for each Renewal Term, if applicable. Lumos to pay a one-time splicing fee of$1,186.59 PROPOSED USE: Lumos will connect its network infrastructure in Chesapeake with its network infrastructure in Virginia Beach GRANT OF LEASE: Lease for exclusive use of 2 strands of dark fiber and for nonexclusive use of each interconnection point OWNERSHIP: All components of network remain property of the City. Fiber is leased only as dark fiber.City not required to provide additional goods or services. NO EXCLUSIVITY: Nothing in lease limits City's right to use or lease to others permission to use any component of the City Network(other than specific fibers and interconnection points leased to Lumos). ACCESS TO CITY FACILITIES: City is not required to construct or install any facilities for Lumos. All work on City network(constructing, lashing and slicing) is to be performed by City.City has right to relocate City network. Lumos must obtain all required permits, approvals, consents and authorizations. Lumos required to construct any infrastructure required to connect to City network. TERMINATION: City can terminate for cause,with notice and cure period. City can also terminate for convenience,with written notice at least 60 days prior to termination date. LIABILITY: Lumos required to indemnify and hold City harmless. Neither party is liable to other party for indirect,consequential,special, incidental or punitive damages, or lost profits. INSURANCE: Lumos must provide City with certificates of insurance prior to commencing work. Required insurance includes Worker's Compensation, Commercial General Liability,Automotive Liability, and Professional Liability Insurance. Virginia Beach . APPLICANT'S NAME: LUMOS TELEPHONE LLC DISCLOSURE STATEMENT FORM The 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 or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 Of 5 Planning Commission and City Council meeting that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Concord-Document ID:032MuatNn6hAYAGVVnHfUT CS[y of Virginia Beach ❑ Check here if the APPLICANT IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Lumos Telephone LLC If an LLC, list all member's names: Gridiron Fiber License, LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Applicant's parent: Gridiron Fiber License, LLC Applicant's affiliates: Lumos Telephone of Botetourt LLC; Lumos Media LLC; Lumos Fiber LLC; Lumos Telephone of Virginia LLC; R&B Telephone LLC; Gridiron Fiber LLC See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: City of Virginia Beach, Virginia If an LLC, list the member's Page 2 of 5 Concord-Document ID:032MuatNn6hAYAGVVnHfUT Virginia Beach names: ---------------------------------------------------------------------- If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Concord-Document ID:032MuatNn6hAYAGVVnHfUT 3 W."f Virginia Beach YES FNO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ Engineers / Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ X Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Concord-Document ID:032MuatNn6hAYAGVVnHfUT 1 'Wo Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement 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 two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting �o�f'.^,Ianv public bodv or committee in connection with this Application. "L" � Michael Crabb 2-5-26 Feb 5,2026,4:08 PM EST APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Concord-Document ID:032MuatNn6hAYAGVVnHfUT 11-,, Record of Signing For michael.crabb@lumosfiber.com Name Michael Crabb Title VP OSP&ENG vas Ca Signed on Feb 5, 2026 4:08 PM EST Secured by ConcordTI Document)D:032MuatNn6hAYAGVVnHfUT Signing)D:032MuatN6nhXPQfVTKo6sS UTC Signing time:2026-02-05 21:08:21 UTC IP Address:64.4.111.191 Email:michael.crabb@lumosfiber.com concord_ Where agreements happen. Signed with https://www.concord.app/ J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Lynbrook Landing Sidewalk Improvements Project, CIP 100423.112 2. Ordinance to AMEND City Code Section 21-230 re inclusion of South Woodhouse Road in the Traffic Calming Program 3. Ordinance to AMEND City Code Section 23-2 re curfew for unaccompanied minors 4. Resolution to PROVIDE direction to the City Manager re signage on public property (Requested by City Council) 5. Resolution to ESTABLISH a "Virginia Beach Sports District" and AUTHORIZE the City Manager to take actions in support (Requested by Mayor Dyer and Council Members Henley, Jackson-Green, Remick and Schulman) 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the School Board and APPROPRIATE miscellaneous revenue re use of school buses during the National High School Coaches Association Senior Nationals 7. Ordinance to AMEND the FY 2025-26 Capital Improvement Program (CIP) for Flood Protection re Eastern Shore Drive projects 8. Ordinance to APPROPRIATE $40,000 from the fund balance of the Commonwealth's Attorney's Forfeited Assets Special Revenue Fund to the FY 2025-26 Commonwealth's Attorney's Operating Budget re remodel existing office space 9. Ordinance to ACCEPT and APPROPRIATE $2,953,209 in surplus Regional Surface Transportation Program funds to Capital Project #100057, "Centerville Turnpike Phase II" re roadway improvement 10. Ordinance to ACCEPT and APPROPRIATE $24,346.47 from the Commonwealth's Office of Emergency Medical Services to the FY 2025-26 Department of Emergency Medical Services (EMS) Operating Budget and AUTHORIZE a 50% in-kind grant match re four (4) portable ventilators and accessories 11. Ordinance to TRANSFER $1-Million within the FY 2025-26 Capital Improvement Program (CIP) from Capital Project#100552, "Western Branch Lynnhaven River Maintenance Dredging II" to Capital Project#100345, "Rudee Inlet Outer Channel Maintenance Dredging II" re dredging ro U ItIr C �J �y,�vvJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Lynbrook Landing Sidewalk Improvements Project, CIP 100423.112, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: February 3, 2026 MEETING DATE: February 17, 2026 ■ Background: The Lynbrook Landing Sidewalk Improvements Project, CIP 100423.112 (the "Project") will provide approximately 550 linear feet of 5-foot-wide ADA-compliant concrete sidewalk and ramps along Lynbrook Landing, extending from Baker Road to the existing sidewalks north of Kiawah Court and Edisto Court. The Project also includes reconstruction of existing curb ramps at the intersection of Baker Road and Lynbrook Landing to meet current ADA standards. The Project will enhance pedestrian connectivity within the Witchduck Lake Condominiums community and provide a continuous accessible route between adjacent residential areas and nearby transit, schools, and commercial destinations. The new sidewalks will be constructed primarily within existing public right-of-way. ■ Considerations: The Project will require property and easements from three privately owned parcels (all Witchduck Lake Condominium common areas) to accommodate construction of the proposed sidewalk improvements. No residents or businesses will be displaced as a result of the Project. The Project is part of the Transportation Safety Improvements (TSI) Program, CIP 100423, and therefore does not have a separate capital project detail page. ■ Public Information: A Notice of Willingness to Hold a Public Information Meeting was advertised in The Virginian-Pilot on May 11, 2025, and May 18, 2025. No feedback or requests to hold a public meeting were received in response to the notice. The Project team met with the Witchduck Lake Condominium Association at their scheduled board meeting on November 18, 2025, to present the project, collect feedback, and answer any questions from affected property owners. An advertised public hearing will be held on February 3, 2026, and public notice will be provided via the normal Council agenda process. 0 Alternatives: Deny the Ordinance, which could delay or prevent the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: /4p 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE LYNBROOK LANDING SIDEWALK 4 IMPROVEMENTS PROJECT, CIP 100423.112, 5 AND THE ACQUISITION OF TEMPORARY 6 AND PERMANMENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS,the Lynbrook Landing Sidewalk Improvements Project, CIP 100423.112 10 (the "Project"), is a roadway improvements project to improve transportation, connectivity 11 and safety within the City and for other related public purposes for the preservation of the 12 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 13 in the City of Virginia Beach; 14 15 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 16 public necessity exists for the construction of this important public project to construct 17 sidewalk facilities to provide safer alternative transportation options within the City; to 18 improve public access to nearby schools, commercial destinations, and transit routes; to 19 enhance pedestrian connectivity within adjacent neighborhoods; and for other related 20 public purposes for the preservation of the safety, health, peace, good order, comfort, 21 convenience, and welfare of the people in the City of Virginia Beach; and 22 23 WHEREAS, the proposed sidewalks and curb ramps are designed and will be 24 constructed in accordance with current Americans with Disabilities Act("ADA") standards. 25 The Project also includes reconstruction of existing curb ramps at the intersection of Baker 26 Road and Lynbrook Landing to meet current ADA standards. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 Section 1. That the City Council authorizes the acquisition by purchase or 32 condemnation pursuant to Sections 15.2-1901, et sec. ., and Title 25.1 of the Code of 33 Virginia of 1950, as amended, of all that certain real property in fee simple and temporary 34 and permanent easements (the "Property"), as shown on the plans entitled "LYNBROOK 35 LANDING SIDEWALK IMPROVEMENTS CIP NO. 100423.112 PWCN-25-0039,"and also 36 described on the acquisition plats for the Project (plats and plans collectively referred to as 37 the "Plans"), the Plans being on file in the Engineering Division, Department of Public 38 Works, City of Virginia Beach, Virginia. 39 40 Section 2. That the City Manager is hereby authorized to make or cause to be made 41 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 42 offer to the owners or persons having an interest in said Property. If refused, the City 43 Attorney is hereby authorized to institute, prosecute, and settle or resolve proceedings to 44 condemn said Property. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 47 , 2026. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY OS PU' LI WORK - REAL ESTATE CITY ATTORNEY CA17023 R-1 12/22/2025 GG00 WEST EYA N-\�`Ao `; ,�. � . SITE w �W #° 1-Y,Z.DUC�' a�Z ARCH o pRi � /IV BEACH Z IP t, r BiR R,o � R ''S Q 'A n. ki x I . Q Legend PROJECT LIMITS g LYNBROOK LANDING SIDEWALK IMPROVEMENTS Project Limits CIP# 100423.112 0 200 400 City Property r ISEEMENNNEEMENEL Feet X'k.Survevs\PR0.l[CTS\ArrGv;Projects\ Pal statelAnenda Maos\,l roiects\ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: February 17, 2026 ■ Background: In 2001, the City Council enacted a traffic calming program to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets is punishable by a fine of$200. ■ Considerations: The Traffic Calming Program has several phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of Council-designated streets with signs warning drivers that speeding in this area could result in a $200 fine. The following street has qualified for inclusion in the Traffic Calming Program and will be added to the program upon adoption of this ordinance: • S Woodhouse Road in the West Alanton neighborhood. ■ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ■ Attachments: Ordinance; map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager: 0 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10) Bellamy Manor: Homestead Drive. 36 (11) Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14) Milburn Manor: Davis Street. 40 (15) Lake James: Lake James Drive. 41 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006: 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase. 56 Effective as of September 5, 2018: 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020: 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16, 2024: 68 (1) Linkhorn Park: Pinewood Road between the Little Creek Culvert to Holladay 69 Point. 70 Effective as of September 3, 2024: 71 (1) Charlestown Lakes: Beaufain Boulevard. 72 Effective as of December 10, 2024: 73 (1) Ocean Lakes/Culver Acres: Culver Lane. 74 Effective as of August 12, 2025: 75 (1) Avalon Terrace: Avalon Avenue. 76 Effective as of December 9, 2025: 77 (1) Bellamy Manor Estates: Timberlake Drive. 78 Effective as of February 17, 2026: 79 (1) West Alanton: S Woodhouse Road. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I/iL , A A4111A) Police Department City Attorney's Office APPROVED AS TO CONTENT: Public Work's CA17092 R-1 January 30, 2026 E MA '\.PN R NFR cT Q Q `2 37o s a- LLJ 0 Cl) 0 13 � U) WINDJAMMER CT COOP I ER RD cz3 Lo 0 1)0 C:_-] J C) 0 [;�] J 0 CZ1 f Is, �jF Q v o cl C13 > 0 0 F-L-1 "A Er S WOODHOUSE RD 77 EQ 0 -z5- n Di Y, 01 LOCATION MAP TRAFFIC CALMING o Q Q S. WOODHOUSE ROAD 0 300 600 o 1 i I Feet Prepared by JCS\PW Eng NSurvey Bureau\01-27-2026 X\Surveys\PR0JECTS\ArcGis Project s\Traffi c Engineering\Traff ic Calming Maps\260026 S Woodhouse RCAS Woodhouse Rd aprx CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 23-2 of the City Code Pertaining to Curfew for Unaccompanied Minors MEETING DATE: February 17, 2026 ■ Background: Virginia Code § 15.2-926 authorizes localities to adopt an ordinance prohibiting minors who are not attended by their parents from frequenting or being in public places, whether on public or private property, between 10:00 p.m. and 6:00 a.m., as the governing body deems proper. The Virginia Beach City Code has contained a provision implementing such a curfew for unaccompanied minors for over 40 years. City Code Section 23-2 currently prohibits unattended minors from being in public places, whether on public or private property, between 11:00 p.m. and 5:00 a.m. The proposed ordinance amends the curfew for unaccompanied minors to begin one hour earlier, at 10:00 p.m., and removes a clause about transporting minors to allow flexibility in coordinating the release of such minors to their parent or guardian. ■ Considerations: The need to review and possibly update the City's juvenile curfew was first discussed June 3,2025, during the Police Chief's briefing on oceanfront safety and enforcement. The need for the amendment was further discussed February 3, 2026, during the Police Chief's briefing to City Council on the annual crime statistics. This ordinance is requested by the Police Department to help maintain a safe environment for both residents and visitors during the upcoming resort season. The Police Department's ability to enforce an earlier curfew for unaccompanied minors will help ensure public safety during times of peak activity during the resort season. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Departm t City Manager: r I AN ORDINANCE TO AMEND SECTION 23-2 2 OF THE CITY CODE PERTAINING TO 3 CURFEW FOR UNACCOMPANIED MINORS 4 5 SECTION AMENDED: § 23-2 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-2 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec.23-2. Curfew for minors. 14 15 (a) It shall be unlawful for any minor under the age of eighteen (18) to be 16 present on any street, road, alley, avenue, park or other public place in the city, or in 17 any vehicle operating or parked thereon, between the hours of 410:00 p.m. and 5:00 18 a.m., unless accompanied by the parent, guardian or other adult person having the 19 care, custody or control of such minor. 20 (b) It shall be unlawful for any parent, guardian or other adult person having 21 the care, custody or control of any minor under the age of eighteen (18)to permit, allow 22 or encourage such minor to be present on any street, road, alley, avenue, park or other 23 public place in the city, or in any vehicle operating or parked thereon,between the hours 24 of 4.10:00 p.m. and 5:00 a.m. in violation of the provisions of subsection (a) of this 25 section. 26 (c) Whenever any police or other officer charged with the duty of enforcing 27 the laws of the state or ordinances of the city shall discover or has his attention called to 28 the fact that any minor under eighteen (18) years of age is present on any street, road, 29 alley, avenue,park or other public place in the city, or in anyvehicle operating or parked 30 thereon, between the hours of 4-10:00 p.m. and 5:00 a.m., such officer shall make an 31 immediate investigation for the purpose of ascertaining whether or not the presence of 32 such minor is in violation of the provisions of this section. If such investigation reveals 33 that the presence of such minor is in violation of the provisions of this section, the officer 34 may charge the minor with a violation of this section and release the minor on a 35 summons, or the officer may cause the minor to be 36 residORGO, released to his parent, guardian or other adult person having the care, 37 custody or control of such minor. If the officerdeems that it will be for the best interest of 38 the minor,the minor may be taken to a nonsecure state certified crisis center or juvenile 39 shelter, or the minor may be taken to the intake division of the juvenile and domestic 40 relations district court of the city and thereafter be released or detained as provided in 41 article 4, chapter 11, title 16.1 (§ 16.1-246 et seq.) of the Code of Virginia. In those 42 cases where a summons is not issued, the officer may proceed as provided in article 5, 43 chapter 11, title 16.1 (§ 16.1-259 et seq.) of the Code of Virginia. 44 (d) The provisions of this section shall not apply to any minor who has been 45 emancipated as provided by section 16.1-333 of the Code of Virginia, or to any minor 46 engaged in the following activities: 47 (1) Any emergency errand reasonably necessary to safeguard life, limb 48 or property; 49 (2) Lawful employment, including going directly from the minor's 50 residence to the place of such employment or returning directly 51 from the place of such employment to the minor's residence; 52 (3) Attendance at a specified engagement or performance, attendance 53 at religious services or participation in any assembly or expressive 54 activity protected by the First Amendment of the United States 55 Constitution; provided that the minor shall have in his possession 56 written permission including the signature, address and telephone 57 number, of a parent, guardian or other adult person having care, 58 custody or control of such minor to attend such activity or event, 59 and shall return directly to his residence upon conclusion thereof;or 60 (4) Interstate travel through, beginning or terminating in the City of 61 Virginia Beach. 62 (e) Any person violating any provision of subsection (b)of this section shall be 63 guilty of a Class 4 misdemeanor.Any minorviolating any provision of subsection (a)of 64 this section shall be deemed to be a child in need of services, as defined by section 65 16.1-228 of the Code of Virginia. Such minorand his parent, guardian, legal custodian 66 or other person stand in loco parentis shall be subject to the provisions of section 16.1- 67 278.4 of the Code of Virginia. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4ie rtment City Attorney's dfifice CA16916 R-1 February 5, 2026 �S�`NU�cy ro y''yP�7 f� UP .asp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Provide Direction to the City Manager regarding Signage on Public Property MEETING DATE: February 17, 2026 ■ Background: After the November 2024 election, the City Council directed staff to look into policies regarding signage at polling locations. This request follows complaints about safety concerns and visual clutter at these locations, specifically early voting locations. The staff engaged stakeholders for feedback. The initial measures at the former location of the Office of the Voter Registrar included limiting the size of signs on the property fronting Princess Anne Road and establishing a clear zone near the ballot drop box. After a lengthy dialogue with members of the political parties, the policy was further amended to limit the size of signs around the Office to no larger than 4'x4'. Despite these efforts to improve the relevant policy, the November 2025 election season included a repeat of heightened tensions during the period of time when signs could first be placed, which necessitated an increase in public safety presence at locations. The City Council received a briefing from staff representing the City Manager's Office, the City Attorney's Office, and the Department of Planning at its November 25, 2025 meeting. This briefing included the City's recent work on signage, the City's enforcement actions, and the legal limitations applicable to signage. The City Council further discussed the issue at its January 2026 Retreat. ■ Considerations: The attached resolution was circulated in advance of the January Retreat to allow the City Council to review the actions discussed at the November 25, 2025 meeting. That resolution includes the following: - Circulation of polices to interested parties, including campaigns, in advance of elections and seek acknowledgement of such policies; - No non-governmental signage at the new location of the Office of the Voter Registrar; - For all other City polling locations, signage can be placed at such location after 6:OOpm on the day immediately prior to the election. Such signs cannot be larger than 4'x4' and subject to a map of designated areas for signs. After discussion of this topic at the January Retreat, an additional item was added to the proposed resolution. This item would seek to have the City Manager coordinate with the School Board to seek alignment between the policies applicable to City-owned polling locations and VBCPS property. Sign Policy Updates Page 2 of 2 ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION TO PROVIDE DIRECTION TO THE 2 CITY MANAGER REGARDING SIGNAGE ON 3 PUBLIC PROPERTY 4 5 WHEREAS, the City has experienced a proliferation of signage on City property 6 in the days leading up to elections; 7 8 WHEREAS, the signs can become safety hazards in inclement weather, 9 especially high winds; 10 11 WHEREAS, to deal with a heightened risk of violence and destruction of 12 property, the City has had to increase its public safety presence during the times when 13 locations have been made available to campaigns; 14 15 WHEREAS, acknowledging the limitations upon the regulation of such signage, 16 the City Council desires to provide direction to the City Manager; 17 18 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1. The City Manager, in coordination with the Voter Registrar and City Attorney, 22 is hereby directed to prepare and circulate a package of information to 23 campaigns providing the relevant limitations upon signage on City property 24 and seek a signature acknowledgement from the campaigns at least 60 days 25 prior to each election. 26 2. The City Council hereby directs the City Manager to prohibit signs on the City 27 property adjacent to the new location of the Office of the Voter Registrar. 28 Such prohibition does not include government speech, nor does it provide 29 limits upon canvassers and campaign representatives other than the 30 restrictions provided by general law. 31 3. The City Council hereby directs the City Manager to prohibit signs on the City 32 property during early in-person voting at satellite locations. Such prohibition 33 does not include government speech, nor does it provide limits upon 34 canvassers and campaign representatives other than the restrictions provided 35 by general law. This subsection's prohibition does not apply starting 6:00 36 p.m. the day prior to the day of the election, which is provided in subsection 37 #4, infra. 38 4. Starting 6:00 p.m. the day prior to the day of the election and ending promptly 39 after voting has concluded, signs are permitted at City-owned polling 40 locations in the designated locations provided by maps developed for such 41 locations. The placement of such signs shall be on a first come, first served 42 basis. No sign may be larger than 4 feet x 4 feet. 43 5. The City Manager is hereby directed to request the Virginia Beach School 44 Board adopt sign regulations for polling locations on VBCPS property that 45 match Sections 3 and 4, supra, of this Resolution. Such alignment of 46 regulations will allow campaigns to have a similar set of rules of property 47 owned by the City and the School Board. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2026. AP OVED AS TO LEGAL SUFFICIENCY: A orney's Office CA17090 R-1 January 27, 2026 Nu e� r,,4{••'ss 7y� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Establish the "Virginia Beach Sports District" and to Authorize the City Manager to Take Actions in Support Thereof MEETING DATE: February 17, 2026 ■ Background: The area including the Sportsplex, the Fieldhouse, the Hampton Roads Soccer Complex, and the Princess Anne Athletic Complex (PAAC) offer outdoor and indoor sports amenities that provide the opportunity for branding such area of the City for purposes of marketing the sports tourism opportunities offered by such district. A map of the proposed "Virginia Beach Sports District" is attached to this agenda item to delineate the area that includes the aforementioned facilities. The City Council desires to officially recognize the Virginia Beach Sports District and provide support for directional signage and marketing of this district for purposes of encouraging sports tourism. ■ Considerations: The attached resolution recognizes the Virginia Beach Sports District and directs the City Manager to provide directional signage to highlight the district. The resolution directs the City Manager to develop a marketing plan for the district to encourage sports tourism. The resolution incorporates a map of the current facilities and provides that the City Council reserves the ability to modify the boundaries when future sports amenities are developed in the area around the district. ■ Public Information: Normal Council Agenda process. ■ Attachments: Resolution; Map Requested by Mayor Dyer and Councilmembers Henley, Jackson-Green, Remick and Schulman REQUESTED BY MAYOR DYER AND COUNCILMEMBERS HENLEY, JACKSON- GREEN, REMICK, AND SCHULMAN 1 A RESOLUTION TO ESTABLISH THE "VIRGINIA BEACH 2 SPORTS DISTRICT" AND TO AUTHORIZE THE CITY 3 MANAGER TO TAKE ACTIONS IN SUPPORT THEREOF 4 5 WHEREAS, the area including the Sportsplex, the Fieldhouse, the Hampton 6 Roads Soccer Complex, and the Princess Anne Athletic Complex (PAAC) offer outdoor 7 and indoor sports amenities that provide the opportunity for branding such area of the 8 City for purposes of marketing the sports tourism opportunities offered by such district; 9 10 WHEREAS, a map of the proposed "Virginia Beach Sports District" is attached 11 hereto and incorporated herein by reference; 12 13 WHEREAS, the City Council desires to officially recognize the Virginia Beach 14 Sports District and provide support for directional signage and marketing of this district 15 for purposes of encouraging sports tourism; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. The City Council hereby recognizes the Virginia Beach Sports District as offering 21 outdoor and indoor sports amenities. 22 23 2. The boundaries of the Virginia Beach Sports District are set forth in the attached map. 24 The City Council reserves the ability to modify such boundaries when future sports 25 amenities are developed in the area around the district. 26 27 3. The City Manager is hereby directed to provide directional signage to highlight the 28 Virginia Beach Sports District. The City Manager is hereby authorized to develop a 29 marketing plan for this district for purposes of encouraging sports tourism. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12026. APPROVED AS TO LEGAL SUFFICIENCY: Off i e o e City A orney CA17098 R-1 February 11, 2026 Virginia Beach Sports District M1 — r t perU71. two _Pf 7! •"ry„ , �T,�d'�r w3�j� R �"'*e pECRE47lpN w ,� ,�. A T 2r � r p � � am ton Roads_ w �1 occer,Compiex4 r y G � # !m R, 17 Fietdhouse 41, "r r � ' Sportspl X i ". r '�a1 9�a'"rt�. b k u *". S` � .,s e.�.x•. �, ,°,.�.,e9�i O L, w Y "Princess Anne �, Athletic Complex 1-7 t � i ,__•� �'� � ��„� a d_N 6 ',:: .,. �, r.-'� Lk!..'� yft T D s,t.i� a CITY OF ----- q 0.38 0.75 2.5 Miles VIRGINIA BEACH MAP CREATED BY PLANNING DEPARTMENT ON z/4/--6 .,fA'�'Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute an Agreement with the Virginia Beach School Board and to Appropriate Miscellaneous Revenue MEETING DATE: February 17, 2026 ■ Background: The National High School Coaches Association (NHSCA) Senior Nationals (the "Event") will be held during the last weekend of March at the Virginia Beach Sports Center and the Virginia Beach Convention Center. Over 6,600 athletes and close to 13,000 spectators are expected to attend this event. This large scale event in addition to another taking place at the Convention Center will cause traffic congestion and limited parking on the campus. The NHSCA has requested the use of four school buses to move event attendees from the oceanfront hotels to the Virginia Beach Sports Center to assist with parking congestion on-site. The Virginia Code permits a school board to enter into an agreement with a local governing body for the use of school buses. That law also requires that such agreement provide for reimbursing the school board for the costs attributable to the use of the buses, and the local governing body must indemnify and hold the school board harmless from any liability related to the use of such buses. The Virginia Beach School Board has a policy (Policy 7-52) that mirrors the requirements of the Virginia Code, and this policy provides additional granularity as to the calculation of the costs attributable to the use of the buses. ■ Considerations: The Event has agreed to reimburse the City for all of the costs associated with the school bus agreement, and those reimbursement obligations will be memorialized in an agreement between the Event and the City. At this time, the amount of the estimated cost is $7,000, but the attached ordinance provides an appropriation number with a substantial contingency, which recognizes (i) the exact amount will not be known until the completion of the event and (ii) the Event is committed to reimbursing all of the costs. In addition to the appropriation, the attached ordinance authorizes the City Manager to execute an agreement with the Virginia Beach School Board. This agreement will comport with the requirements of the applicable laws and School Board policy. With regard to the hold harmless, the ordinance requires the Event provide the City with proof of liability insurance, self-insurance, or other indemnity satisfactory to the City's Risk Manager for full liability coverage of the City at not cost to the City. ■ Public Information: Normal City Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Disclosure Form Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau (* City Manager: `*� I AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT WITH 3 THE VIRGINIA BEACH CITY PUBLIC SCHOOLS AND 4 TO APPROPRIATE MISCELLANEOUS REVENUE 5 6 WHEREAS, the safe and efficient movement of people is a public purpose; and 7 8 WHEREAS, Virginia law allows a local governing body to enter into an agreement 9 with the local school board to use school buses; and 10 11 WHEREAS, the National High School Coaches Association Senior Nationals has 12 committed to reimburse the City for the actual costs of the use of school buses to transport 13 attendees of the National High School Coaches Association Nationals (the Event); 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA, THAT: 17 18 1. The City Council hereby authorizes the City Manager or designee to execute 19 an agreement with the Virginia Beach School Board consistent with the 20 requirements set forth in § 22.1-82 of the Code of Virginia and Policy 7-52 of 21 the School Board for the use of school buses during the National High School 22 Coaches Association Senior Nationals, provided the agreement is approved for 23 legal sufficiency by the City Attorney. 24 25 2. $11,000 in estimated reimbursement from the National High School Coaches 26 Association Senior Nationals is hereby appropriated, with miscellaneous 27 revenue increased accordingly, for the costs associated with the agreement for 28 use of school buses, provided the City Manager or designee is directed to 29 reduce this appropriation and the estimated revenue to the amount of the total 30 costs of the agreement authorized in #1, supra, when the amounts are known 31 and the work completed. 32 33 3. As a requirement of the City entering into the agreement with the Virginia Beach 34 School Board, the promoter of the Event shall provide the City with proof of 35 liability insurance, self-insurance, or other indemnity satisfactory to the City's 36 Risk Manager for full liability coverage of the City at no cost to the City. 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 of the members of City Council. APPROVED AS TO CONTENT: APP AS TO LEGAL SUFFICIENCY: DX( Conve Ion nd Visitors B reau City" tto ney's Office CA17085/R-2/February 9, 2026 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: VN' ', t �-4► h Sc�t�ol_(y�ck5 pk��� w. �--- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) dAccounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. A PLICANT's SIGNATURE PRINT NAME DATE ---- ----------- Scanned with ®CamScanner ....---- I04 ' iA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2025-26 Capital Improvement Program for Flood Protection for Eastern Shore Drive Projects MEETING DATE: February 17, 2026 ■ Background: The construction bids for the Eastern Shore Drive bundle capital improvement projects were received on December 18, 2025, and the lowest qualified bidder's estimate, contingencies of 10%, and inspection services exceed current funds available within the projects. Public Works has identified the preferred contractor for the projects and would like to formally award the contract prior to March 2026 in order to keep the projects on schedule. These projects were first reflected as stand-alone projects in the FY 2019-20 Capital Improvement Program and are primarily funded by the Stormwater Enterprise Fund, not the 2021 Bond Referendum. Additional project funding, totaling just over$25 million, was awarded by FEMA through the Building Resilient Infrastructure and Communities (BRIC) program in 2023. 1. 100150 Eastern Shore Drive Lynnhaven Drive Pump Station — Constructing a pump station and automated tide gate near the intersection of Lynnhaven Drive and West Great Neck Road. This project predates the bond referendum and is funded by the Stormwater Enterprise Fund and the FEMA BRIC Grant, awarded in 2023. 2. 100153 Eastern Shore Drive Cape Henry Canal Phase II — Widening and deepening of the Cape Henry Canal and upgraded pipe crossings from Starfish Road to Beech Street. This project predates the bond referendum and is funded by the Stormwater Enterprise Fund and the FEMA BRIC Grant, awarded in 2023. 3. 100167 Eastern Shore Drive Lynnhaven Colony Park Pump Station — Construction of a pump station on the south side of Lynnhaven Colony Park and upgraded pipes along the Cape Henry Canal west of Starfish Road. The pump station outfall will be located at the Lynnhaven Municipal Marina. This project predates the bond referendum and is funded by the Stormwater Enterprise Fund and the FEMA BRIC Grant, awarded in 2023. 4. 100538 Eastern Shore Drive - Elevate Lynnhaven Drive — Elevating portions of West Great Neck Road, Lynnhaven Drive, and Ebb Tide Road. This project is funded by the 2021 Bond Referendum and the FEMA BRIC Grant, awarded in 2023. This project is fully funded and does not require a transfer of appropriations. ■ Considerations: In order to execute the construction contract, full appropriations for the contract must be in place. The projects are also in need of additional appropriations for contingencies and construction engineering and inspection services. For these reasons, several transfers of appropriations between projects and additional appropriations will be necessary to keep this project on schedule. # Project Funds available Amount Difference Needed 100150 Lynnhaven Drive Pump Station 12,284,324 18,432,286 6,147,962 100153 Cape Henry Canal Phase II 9,183,576 11,960,360 2,776,784 100167 Lynnhaven Colony Park Pump Station 15,630,943 42,748,046 27,117,103 100538 Elevate Lynnhaven Drive 3,275,119 3,275,119 - Grand Total 40,373,962 76,415,811 36,041,850 Public Works has identified projects also funded within the Stormwater Enterprise Fund for transfers. As a reminder, the three projects requiring additional funding are not from the 2021 Bond Referendum and as such, transfers from referendum projects are not eligible because of the wording of the referendum question. The projects identified for transfer were selected based on availability of funds and expected delivery timeline. This approach is consistent with other recent transfers for major construction contracts, such as the transfer from Centerville Phase III to Shore Drive Phase III, from Indian River Road VII-A to Elbow Road II-B and II-C, and most recently within the Flood Protection Program for the Windsor Woods Mega Bundle. The FY 2026-27 CIP will aim to restore funding to projects to the greatest extent possible based on funding availability, and the construction timeline for each of the projects. Several of the identified projects are completed and will not need funding restored. The following table includes proposed transfers from other projects: Name Amount 1 100154 EASTERN DRIVE (PARENT PROJECT) 895,637.75 ------ -.-.-_____.________-______ 100229 LAKE CHUBB-BRADFORD LAKE 512,604 39 100022 ASHVILLE PARK DRAINAGE IMPROVEMENTS 315,03744 r 100365 SEA LEVEL RISE/RECURRENT FLOODING ANALYSIS 829,822.38 100406 SWM MSTR PLANNING,ANALYSIS & INVENTORY 1,273,064.00 100504 PARCEL LEVEL FLOOD MITIGATION PROGRAM 2,330,587.14 100275 CENTRAL RESORT DISTRICT 21ST& BALTIC DRAINAGE 687,457.28 100486 WINDSOR WOODS DRAINAGE 3,504,816.07 100488 WINDSOR WOODS TIDE GATE 1,117,849.80 100520 SOUTHERN RIVERS WATERSHED STORMWATER PROGRAM 143,982.36 100405 SW INFRASTRUCTURE REHAB & IMPROV-PHASE II 5,000,000.00 100232 LAKE MANAGEMENT 5,000,000.00 �.--...... _-..-_.-.-.—.___._..._.-_.-._ ........ . 100515 ENHANCED NEIGHBORHOOD REHABILITATION - PHASE 1 2 000,000.00 100671 BRIGADOON PARK WET POND 2,000,000.00 100669 OCEANA GARDENS CONSTRUCTED WETLANDS 400,000.00 100566 CHATHAM HALL WATER QUALITY IMPROVEMENTS 1,300,000.00 Total 27,310,858.61 There remains a funding gap—the difference between $36,041,850 (top table of previous page) and $27,310,858.61 (bottom table of previous page) -that is not needed for contract execution but will be needed in a future fiscal year. The staff will present options to close the gap including a proposed $8.3 million loan from the Virginia Department of Conservation and Recreation (DCR) and a contribution of approximately $400,000 from Public Utilities for their portion of the project. At this time, the loan from DCR will be included within the City Manager's Proposed FY 2026-27 Capital Improvement Program. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Exhibit A: Summary of Transfers, Project Detail Sheets (4) Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:& 1 AN ORDINANCE TO AMEND THE FY 2025-26 CAPITAL 2 IMPROVEMENT PROGRAM FOR FLOOD PROTECTION 3 FOR EASTERN SHORE DRIVE PROJECTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $27,310,858.61 in existing Flood Protection Program appropriations supported by 9 the Stormwater Enterprise Fund are hereby transferred within the Flood Protection 10 Section of the FY 2025-26 Capital Improvement Program as outlined in Exhibit A. 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 orney's Office CA17096 R-1 February 3, 2026 Exhibit A:Summary of Transfers Transfers From: Donor# Name 100154 EASTERN SHORE DRIVE DRAINAGE(PARENT PROJECT) 895,637.75 100229 LAKE CHUBB-BRADFORD LAKE 512,604.39 100022 ASHVILLE PARK DRAINAGE IMPROVEMENTS 315,037.44 100365 SEA LEVEL RISE/RECURRENT FLOODING ANALYSIS 829,822.38 100406 SWM MSTR PLANNING,ANALYSIS&INVENTORY 1,273,064.00 100504 PARCEL LEVEL FLOOD MITIGATION PROGRAM 2,330,587.14 100275 CENTRAL RESORT DISTRICT 21ST&BALTIC DRAINAGE 687,457.28 100486 WINDSOR WOODS DRAINAGE 3,504,816.07 100488 WINDSOR WOODS TIDE GATE 1,117,849.80 100520 SOUTHERN RIVERS WATERSHED STORMWATER PROGRAM 143,982.36 100405 SW INFRASTRUCTURE REHAB&IMPROV-PHASE II 5,000,000.00 100232 LAKE MANAGEMENT 5,000,000.00 100515 ENHANCED NEIGHBORHOOD REHABILITATION-PHASE I 2,000,000.00 100671 BRIGADOON PARK WET POND 2,000,000.00 100669 OCEANA GARDENS CONSTRUCTED WETLANDS 400,000.00 100566 CHATHAM HALL WATER QUALITY IMPROVEMENTS 1,300,000.00 Total Transfers From 27,310,858.61 Transfers To: # Name Transfer Amounts 100150 Lynnhaven Drive Pump Station 6,147,962.00 100153 Cape Henry Canal Phase II 2,776,784.00 100167 Lynnhaven Colony Park Pump Station 18,386,112.61 100538 Elevate Lynnhaven Drive Total Transfers To 27,310,858.61 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100538 Title:Eastern Shore Drive-Elevate Lynnhaven Drive Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:8 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 4,016,130 4,016,130 0 0 0 0 0 0 0 Description and Scope -his project is part of the Eastern Shore Drive Flood Protection Program Master Project.It includes design,property acquisition,and construction of roadway mprovements and drainage improvements along West Great Neck Road,Ebb Tide Road,and Lynnhaven Drive. Purpose is project is interconnecteo witn t e Eastern Snore Drive Lynn aven Co ony ParK Pump Station project,t e Eastern S are Drive-Cape Henry Cana P ase II )roject and the Eastern Shore Drive-Lynnhaven Drive Pump Station project.These four projects work together to improve stormwater management within the .ynnhaven Colony neighborhood.Portions of Lynnhaven Colony are located in low lying areas that flood during moderate to severe rain and high tides.By raising he ground elevation and connecting to the existing higher elevations(ridge lines)within the Lynnhaven Colony neighborhood,the low lying area located along :ape Henry Drive and Shore Drive will be protected from inundation via overland tidal flow up to elevation 7.0 feet. History and Current Status -his project first appeared in the FY 2019-20 CIP and is a breakout project of Eastern Shore Drive Drainage(ESDD)Phase I(CIP 100154).A Preliminary :ngineering Report was developed in 2017-18 and recommended these storm drain improvements to relieve street and residential structure flooding during noderate rainfall and tidal events.This project will now be combined with three other ESDD projects(100150,100153&100167)as part of a recent FEMA BRIC 3rant that was awarded August 2023 and is also funded by the 2021 Bond Referendum.. Operating Project Map Schedule of Activities Project Activities From-To Amount c1sn Inspections and Support 07/25-03/28 445,500 Design 11/22-01/25 739,511 N Site Acquisition 12/21-01/25 100,000 Construction 07/25-03/28 2,061,764 Contingencies 11/22-03/28 669,355 row ~ R O 7 1 ' N.. Total Budgetary Cost Estimate; 4,016,130 p R Means of Financing G PR[M6NR�OR 1 C f O R R P Funding Subclass Amount SUMMERMAVGH RD x N CR Local Funding 1,709,629 Federal Contribution 2,306,501 0 100538 : oRc9 0 A N f Total Funding: 4,016,130 n. p lt'. � JCOGCO {at6sY Ro Y R9 O VGGCNCCR FY 2025-26 TO FY 2030-31 140 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100153 Title:Eastern Shore Drive Cape Henry Canal Phase II Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:8 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 12,238,019 12,238,019 0 0 0 0 0 0 4,308,083 ScopeDescription and Fhis project is part of the Eastern Shore Drive Flood Protection Program Master Project.It includes design,property acquisition,and construction of utility and irainage improvements along Cape Henry Canal and adjacent side streets located to the north of Cape Henry Drive with Beech Street located to the east and Cleen Street to the west. Purpose F is project is interconnecte witili trie Eastern Srlore Drive—Lynn aven Drive Pump Station project CIP 100150 an t e Eastern Snore Drive—Lynnhaven :olony Park Pump Station project(CIP 100167).The three projects work together to improve stormwater management within the Lynnhaven Colony ieighborhood and relieve widespread flooding.Portions of Lynnhaven Colony are located in low-lying areas that flood during moderate to severe rainfall events and high tides.This facility is the main conveyance channel for the Lynnhaven Colony watershed and will provide the necessary hydraulic connections to the )roposed Lynnhaven Colony Park Pump Station and Lynnhaven Colony Drive Pump Station. History and Current Status his project first appeared in the FY 2019-20 CIP and is a breakout project of Eastern Shore Drive Drainage Phase I(CIP 100154).A Preliminary Engineering teport was developed in 2017-18 and recommended these storm drain improvements to relieve street and residential structure flooding during moderate -ainfall and tidal events.This project will construct Cape Henry Canal Phase II widening and deepening as well as relocating a gravity sanitary sewer trunkline rom underneath the existing canal to Cape Henry Drive.Additionally,the widening and deepening project will now be combined with three other Eastern Shore )rive Drainage projects(100150,100167&100538)as part of a recent FEMA BRIC Grant that was awarded August 2023. Operating Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 07/25-03/28 1,653,798 Design 11/22-01/25 151,588 0DaAMeNORaAYE'. Study 12/21-12/22 415,000 Site Acquisition 12/21-01/25 100,000 Construction 07/25-03/28 12,721,524 � o Contingencies 11/22-03/28 1,504,192 r Total Budgetary Cost Estimate: 16,546,102 3 n M O I 6 D n o 0 SHORC DRMeansof . z n c F a Funding Subclass Amount ark`yy ' Local Funding 6,876,997 • ioo?� Federal Contribution 5,361,022 oR c A°[NfiN� SUUIMERMAVCN RD Total Funding: 12,238,019 LTNNNAVEN OR o RO z oRcca v e BUL:CAN[GR RD FY 2025-26 TO FY 2030-31 141 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100167 Title:Eastern Shore Drive Lynnhaven Colony Park Pump Station Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:8 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 15,967,480 15,967,480 0 0 0 0 0 0 12,790,268 Description and Scope Fhis project is part of the Eastern Shore Drive Flood Protection Program Master Project.It includes design,property acquisition,and construction of a stormwater )ump station in the south side of Lynnhaven Colony Park with Kleen Street located to the west,Cape Henry Trail to the south,and Starfish Road to the east. Purpose fn is project is interconnecte wit t e Eastern Sriore Drive-Cape Henry Cana P ase II project CIP 10015 an t e Eastern Snore Drive—Lynn aven Drive Pump itation project(CIP 100150).The three projects work together to improve stormwater management within the Lynnhaven Colony neighborhood and relieve widespread flooding.Portions of Lynnhaven Colony are located in low-lying areas that flood during moderate to severe rain and high tides.This facility will pump ;tormwater out of upstream Cape Henry Canal before,during,and after moderate to severe rainstorm events. History and Current Status Phis project first appeared in the FY 2019-20 CIP and is a breakout project of Eastern Shore Drive Drainage Phase I(CIP 100154).A Preliminary ngineering Report was developed in 2017-18 and recommended these storm drain improvements to relieve street and residential structure flooding luring moderate rainfall and tidal events.This project is being combined with three other Eastern Shore Drive projects(100150,100153,&100538)as )art of a recent FEMA BRIC Grant that was awarded August 2023. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 07/25-03/28 2,969,481 Design 11/22-01/25 331,762 > Construction 07/25-03/28 22,842,164 pGE�~3HGRL•vF Contingencies 11/22-03/28 2,614,341 Total Budgetary Cost Estimate; 28,757,748 Means of Financing N Funding Subclass Amount Local Funding 6,005,147 y °a Federal Contribution 9,962,333 Total Funding: 15,967,480 ,. c PN°♦ANC RO «t � � � v., �... u 99) C YNNMp.14s� C a 0 FY 2025-26 TO FY 2030-31 143 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100150 Title:Eastern Shore Drive Lynnhaven Drive Pump Station Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:8 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 14,371,504 14,371,504 0 0 0 0 0 0 7,737,559 ScopeDescription and Fhis project is part of the Eastern Shore Drive Flood Protection Program Master Project.It includes design,property acquisition,and construction of a stormwater )ump station on the north side of Lynnhaven Drive between Cape Henry Canal to the east and West Great Neck Road to the west. Purpose and Need fillis project is interconnecte witri trie Eastern S ore Drive-Cape Henry Canal P ase II project CIP 100153 an t e Eastern Shore Drive—Lynnhaven Colony )ark Pump Station project(CIP 100167).The three projects work together to improve stormwater management within the Lynnhaven Colony neighborhood and •elieve widespread flooding.Portions of Lynnhaven Colony are located in low-lying areas that flood during moderate to severe rain and high tides.This facility mill provide protection of the eastern side by stopping tidewater from flooding the low-lying areas as well as pump stormwater out of upstream Cape Henry .anal before,during,and after moderate to severe rainstorm events. History and Current Status Phis project first appeared in the FY 2019-20 CIP and is a breakout project of Eastern Shore Drive Drainage Phase I(CIP 100154).A Preliminary Engineering leport was developed in 2017-18 and recommended these storm drain improvements to relieve street and residential structure flooding during moderate ainfall and tidal events.This project will now be combined with three other Eastern Shore Drive projects(100153,100167&100538)as part of a recent FEMA 3RIC Grant that was awarded August 2023. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 07/25-03/28 2,039,738 Design 11/22-01/25 269,114 r Site Acquisition 12/21-01/25 2,100,000 Construction 07/25-03/28 15,690,296 Contingencies 11/22-03/28 2,009,915 s Total Budgetary Cost Estimate; 22,109,063 Means of Financing n ° Funding Subclass Amount j Local Funding 6,857,346 4 •! F `YHµri,tN°a Federal Contribution 7,514,158 Total Funding: 14,371,504 ° u 4, 1 = • ccN4 po x E� T' f; FY 2025-26 TO FY 2030-31 144 CAPITAL IMPROVEMENT PROGRAM c Bael� .Sa.•• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $40,000 from the Fund Balance of the Forfeited Assets Special Revenue Fund to the Office of the Commonwealth Attorney MEETING DATE: February 17, 2026 ■ Background: The Office of the Commonwealth Attorney requests that the City Council approve the use of $40,000 in fund balance from the Forfeited Assets Special Revenue Fund to fund the remodeling of the current copier room into an attorney office and a closet into workspace. This work has been coordinated with the Department of Public Works. ■ Considerations: There is sufficient fund balance in the Office of Commonwealth's Attorney's Forfeited Assets Special Revenue Fund to cover the amount requested in this action, as of February 2026, the unassigned fund balance is approximately $485,931.60. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth Attorney City Manager:#i9 1 AN ORDINANCE TO APPROPRIATE $40,000 FROM THE 2 FUND BALANCE OF THE FORFEITED ASSETS SPECIAL 3 REVENUE FUND TO THE OFFICE OF THE 4 COMMONWEALTH ATTORNEY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $40,000 is hereby appropriated from the fund balance of the Commonwealth 10 Attorney's Forfeited Assets Special Revenue Fund, with revenue increased accordingly, 11 to the FY 2025-26 Operating Budget of the Office of the Commonwealth's Attorney for 12 the remodeling of existing office space. 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: c Budget and Management Services Ci me s Office CA17099 R-1 February 4, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $2,953,209 in Surplus Regional Surface Transportation Program funds to Capital Project #100057, "Centerville Turnpike Phase II" MEETING DATE: February 17, 2026 ■ Background: The Regional Surface Transportation Program (RSTP) was authorized in the federal transportation bill — "Fixing America's Surface Transportation," also known as the FAST Act. The RSTP program is intended to help local sponsors fund regionally significant highway and transit projects. The RSTP program is not a grant program and funds are only available on a reimbursement basis with an 80% /20% split between federal and state funds. The RSTP program does not require a local match. At the October 2025 Hampton Roads Transportation Planning Organization (HRTPO) Transportation Programming Subcommittee, the City was approved to receive $2,953,209 in available surplus RSTP funds from the HRTPO RSTP Reserve Account for Capital Project #100057, "Centerville Turnpike Phase II." The Centerville project is an active, existing RSTP project eligible to accept these funds. This project will improve Centerville Turnpike, a major arterial, from Indian River Road to Kempsville Road by widening the existing two-lane undivided roadway to a four-lane divided roadway within a 130-foot right-of-way. It will include triple left turn lanes onto Indian River Road from Centerville Turnpike as well as new sidewalk, dedicated on-road bike lanes, landscaping, and relocation of existing aerial utilities. The Centerville Turnpike Phase II project currently has a Balance to Complete (BTC) totaling $4,285,181. The proposed surplus RSTP funds will reduce the BTC to $1,331,972, pending construction bids. The project is scheduled to be advertised for construction bids in Spring 2026. ■ Considerations: The $2,953,209 in RSTP funds are proposed to be appropriated to Project#100057, "Centerville Turnpike Phase II."The increase in funds will help reduce the balance to complete for the project. No local match is required with this appropriation. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance; Project Detail Sheet; Map Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $2,953,209 IN SURPLUS REGIONAL SURFACE 3 TRANSPORTATION PROGRAM FUNDS TO CAPITAL 4 PROJECT #100057, "CENTERVILLE TURNPIKE 5 PHASE II" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT- 9 10 $2,953,209 from the Regional Surface Transportation Program is hereby accepted 11 and appropriated, with revenues increased accordingly, to Capital Project #100057, 12 "Centerville Turnpike Phase II." 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: r _0� I +A 1 J �> udget and Management Services C Attorney's Office CA17093 R-1 February 2, 2026 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100057 Title:Centerville Turnpike Phase II Status:Approved I Category:Roadways Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:7 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 72,787,217 71,998,614 0 788,603 0 0 0 0 4,285,181 ScopeDescription and VDOT UPC#103005.City Council identified this project as an Initiative under the Goal Improve the Transportation System in the 2018 Annual Report to City Council.This project is for the construction of a four-lane divided highway within a 130 foot right-of-way from Indian River Road to Kempsville Road,a distance of 1.85 miles.This project will provide improvements at the Kempsville Road and Indian River Road intersections,including triple left turn lanes onto Indian River Road from Centerville Turnpike.This project will also include sidewalk,dedicated on-road bike lanes,landscaping,and relocation of existing aerial utilities to a new overhead location. Purpose T is project wi a ress congestion in trie Centervi a area.Me existing two-lane roa way carries 19,078 ve ices per ay 2023 witn a capacity of 13,200 vehicles.It has a projected volume of 36,000 vehicles by the year 2040.This corridor was ranked#1 of 311 in the 2017 Technical Ranking of Congested Roadway Segments list. History and Current Status This project first appeared in the FY 2011-12 CIP as Centerville Turnpike Interim Improvements.In FY 2012-13,a separate project,Centerville Turnpike-Phase II appeared along with the interim project.Additional funding enabled the merger of Phase II initiatives into the funded interim project;therefore,this project was re-titled and now incorporates all Centerville Phase II activities.At the request of VDOT,the City Council adopted an ordinance on February 25,2013 that transferred$10,326,327 in aid from the Commonwealth($5 million)and local Revenue Sharing funding from this project to Lesner Bridge Replacement due to Lesner's higher construction bids.The City was able to replace the local funding through appropriations-to-date transfers and new Revenue Sharing funding.In 2019,Centerville Phase II received$1,380,901 from VDOT through the Highway Infrastructure Program. Operating Budget FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Total Operating Budget Impacts 0 0 0 103,645 105,718 107,832 Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 06/25-01/29 7,043,980 Design 09/13-11/24 3,100,963 Branam Site Acquisition 05/22-12/24 5,598,450 Middle school Utility Adjustment 01/25-12/25 2,353,649 s`'x..a 4 Construction 06/25-01/29 53,195,056 +yy�� Contingencies 09/13-01/29 5,780,300 O, O, 4 *+NOON aLYO Total Budgetary Cost Estimate; 77,072,398 • 7 Means �O Funding Subclass Amount State Contribution 17,257,942 100057 Local Funding 26,334,242 t'�ey Federal Contribution 29,195,033 Total Funding: 72,787,217 O� tG OA to Atlantic shores ° Christian School a FY 2025-26 TO FY 2030-31 36 CAPITAL IMPROVEMENT PROGRAM LME IRPE �� ♦�. Itlr� '' • Rail �r arrirrtrr♦ ♦�♦♦ �r�, �j�♦. �� tit �11•`i/�/i/�/�i.• ��`��`� t� W B��♦♦�����♦� �� ♦�� ��� ♦ 1�♦ ♦♦ ♦ . VIA �,���♦����t���♦� .• �v♦ ♦♦�♦♦III Legen LZ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Rescue Squad Assistance Fund and to Authorize a Local Grant Match MEETING DATE: February 17, 2026 ■ Background: Respiratory distress is one of the most common and potentially life- threatening conditions encountered by emergency medical services providers. The Department of Emergency Medical Services (EMS) has seen growing demand for advanced respiratory support during transport. EMS applied for and was awarded Rescue Squad Assistance grant funds to assist in the purchase of new portable ventilators and accessories. ■ Considerations: This supplemental one-time grant funding of $24,346.47 will be used to assist with the purchase of four portable ventilators. This grant requires a 50/50 local match which will be funded by existing EMS resources. The grant period is January 1, 2026 through December 31, 2026. ■ Public Information: Normal council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: NTO 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE RESCUE SQUAD ASSISTANCE FUND AND TO 3 AUTHORIZE A LOCAL GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $24,346.47 is hereby accepted from the Commonwealth of Virginia, Office of 9 Emergency Medical Services, and appropriated, with revenue increased 10 accordingly, to the FY 2025-2026 Operating Budget of the Department of 11 Emergency Medical Services to purchase four portable ventilators and 12 accessories. 13 14 2. A local match is hereby authorized within the FY 2025-2026 Operating Budget 15 of the Department of Emergency Medical Services. 16 17 3. The City makes no representation or promise to replace equipment purchased 18 with 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: ,L-, ri" � Budget and Managemen rvices City Attorney's Office CA17097 R-1 February 4, 2026 u ;z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $1,000,000 within the FY 2025-26 Capital Improvement to Project #100345 "Rudee Inlet Outer Channel Maintenance Dredging ll" MEETING DATE: February 17, 2026 ■ Background: The mouth of the Rudee Inlet is susceptible to the buildup of shoals, creating hazardous navigating conditions for both commercial and pleasure boats. To mitigate this threat, the Department of Public Works collaborates with the Army Corps of Engineers (USACE) to regularly dredge the channel as needed. In addition to smaller operations to remove critical shoaling, the USACE performs full depth dredges every few years as needed. The last full dredge cycle was completed in 2022 and the next is scheduled to begin in 2026. The Memorandum of Agreement (MOA) between the City and USACE requires the City to fund 28% of the cost of dredging through capital project #100345 "Rudee Inlet Outer Channel Maintenance Dredging II." For the upcoming cycle, the City's anticipated cost is $2.6 million. Project#100345 currently has approximately $1.6 million in funds available. In order to meet the City's obligations to USACE, the Department of Public Works requests that $1,000,000 be transferred from Project #100552 "Western Branch Lynnhaven River Maintenance Dredging II." Project #100552 completed its scheduled activities earlier in FY 2025-26 and will not be impacted by this transfer. ■ Considerations: This transfer will not impact the schedule of any other projects. The next dredging cycle for Project#100552 is not planned until 2034, so this transfer will not impact that project. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Project Detail Sheets (2) Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: 1 AN ORDINANCE TO TRANSFER $1,000,000 WITHIN 2 THE FY 2025-26 CAPITAL IMPROVEMENT PROGRAM 3 TO PROJECT #100345 "RUDEE INLET OUTER 4 CHANNEL MAINTENANCE DREDGING II" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1,000,000 is hereby transferred within the FY 2025-26 Capital Improvement 10 Program from Capital Project #100552, "Western Branch Lynnhaven River Maintenance 11 Dredging ll," to Capital Project #100345, "Rudee Inlet Outer Channel Maintenance 12 Dredging II." 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 Ci y A o ey's Office CA17100 R-2 February 11, 2026 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100345 Title:Rudee Inlet Outer Channel Maintenance Dredging II Status:Approved Category:Coastal Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:5 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 8,413,433 4,513,433 650,000 650,000 650,000 650,000 650,000 650,000 0 Description and Scope This project utilizes a contract dredge to create and to maintain a deposition basin in the outer portion of Rudee Inlet.The basin is"maintenance dredged"on a biennial basis to reduce the effects of shoaling across the inlet mouth and to improve navigation. Purpose Ru ee In et s outer cnannei is suscepti a to s oa ing rom t e ormation o an outer ar.By creating a cleposition asin in trie outer c anne,t e san can e stored without impeding navigation until it can be removed by a larger contract dredge in conjunction with the U.S.Army Corps of Engineers'(USACE)annual contract. History and Current Status This project first appeared in the FY 2012-13 CIP and continues the activities previously programmed in Project 8-007 Rudee Inlet Outer Channel Maintenance Dredging I.Funding is accumulated annually to support dredging every two years in conjunction with the USACE's annual contract.This project is in accordance with the recommendations of the Rudee Inlet Management Study and was endorsed by the Beaches and Waterways Advisory Commission.The last dredging occurred in spring 2022 with sand placed along Croatan and Resort beaches. Anticipate the next dredging to occur in 2026. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Construction 07/12-06/31 8,413,433 Total Budgetary Cost Estimate: 8,413,433 Means of Financing Funding Subclass Amount Local Funding 8,413,433 Total Funding: 8,413,433 0 n a 0 z � u FY 2025-26 TO FY 2030-31 330 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100552 Title:Western Branch Lynnhaven River Maintenance Dredging II Status:Approved Category:Coastal Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:8 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 3,714,040 3,714,040 0 0 0 0 0 0 0 Description and ..- This project is for maintenance dredging of the Western Branch Lynnhaven River channel and the creation of a permanent dredging material transfer site. Channel dimensions to be maintained are 5.5 miles in length and 60 feet in bottom width. Purpose '175 oa ing in t e Western Brancil Lynn aven River is on-going an requires perio is maintenance OT7nging to maintain navigation. Future un ing wi e require to maintain an eight-to-ten year dredge cycle.Maintaining these waterways will be essential as the number of neighborhood dredging special service districts increases. History and Current Status This project first appeared in the FY 2020-21 CIP.This project is a continuation of maintenance dredging that is required approximately every 8-10 years ideally tc maintain adequate depths for navigation.The initial dredging project 8-109 Western Branch Lynnhaven River Dredging,was completed in 1999.The second dredging cycle was completed in 2016 under CIP 8-005.The next dredging event was planned to occur in FY 2026.To address recent documented shoaling conditions funding for design and construction was advanced to FY 2024 and the cost estimate has been revised.Design is completed where construction is anticipated for May 2025. Operating Project Map Schedule of Activities Activities From-To Amount Design 07/23-01/26 440,400 Construction 02/25-06/31 2,936,000 Contingencies 07/23-01/26 337,640 Total Budgetary Cost Estimate: 3,714,040 Means of Financing Funding Subclass Amount Local Funding 3,714,040 Total Funding: 3,714,040 9 100552 ���� op L wMr kr ' 4 0 FY 2025-26 TO FY 2030-31 338 CAPITAL IMPROVEMENT PROGRAM L. PLANNING 1. DAVID A. & ROBIN PARKER for a Street Closure re approximately 3,750 square feet of Arctic Avenue adjacent to 300 Winston Salem Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 2. CARDINAL SIGN CORPORATION /VS CORP INC for an Alternative Compliance re replace existing monument sign at 4616 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 3. MATTHEW SCORNAVACCHI for a Modification of Conditions to a Change in Nonconformity re modify previously approved concept plan, renderings and elevations for existing staircase, deck and future handicap accessible ramp at 514 9th Street DISTRICT 5 RECOMMENDATION: APPROVAL 4. STAR OF THE SEA CATHOLIC CHURCH & CATHOLIC DIOCESE OF RICHMOND/ CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re Commercial / Church parking lot at 1500 Pacific Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 5. PATRICK &JOYE PATZER for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District re retail store at 901 First Colonial Road DISTRICT 6 RECOMMENDATION: APPROVAL 6. BIVI/PADEL, LLC/ LASKIN ROAD ASSOCIATES, LP for a Conditional Use Permit re indoor recreational facility at 941 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 7. C THE JEMS, LLC/ RICHARD D. GOLDSTEIN &JAMES P. GOLDSTEIN for a Conditional Use Permit re bulk storage yard at 1361 Virginia Beach Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL 8. ZAKIYA WALCOTT/ HODA INVESTMENTS LLC for a Conditional Use Permit re assembly use at 5193 Shore Drive, Suite 108 DISTRICT 9 RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, February 17, 2026 at 6:00 p.m. In the Council Chamber at City Hall,Building 1,2rd Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https.-//virginiabeach.gov, broadcast on VBTV, and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are Invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385- 4303 prier to 5:00 p.m.on February 17,2026. 2. Download WebEx and view the meeting at: 11SB��Jiti b�gv,-webex.00rnttivehiink/re�isterlr�-�?��r18 b4504aO7f4e1 bfd6a5ic4bS The following requests are scheduled to be heard: David A & Robin Parker (Applicant) Street Closure Adjacent Address: 300 Winston Salem Avenue Adjacent GPIN: 2427221305 City Council:District 5(Wilson) Matthew Scornavacchi (Applicant & Owner) Modification of Conditions Address: 514 9th Street GPIN: 2427039916 City Council:District 5(Wilson) Star of the Sea Catholic Church/Catholic Diocese of Richmond (Applicant)Catholic Diocese of Richmond(Property Owner) Modification of Conditions Address:1500 Pacific Avenue GPIN: 2427166403 City Council:District 5(Wilson) Patrick&Joye Patzer(Applicant&Owner)Conditional Rezoning (0-2 Office District to Conditional B•2 Community Business District)Address:901 First Colonial Road GPIN:2408608397 City Council:District 6(Remick) BIVI/Padel, LLC Property Owner. Laskin Road Associates, LP Conditional Use Permit(Indoor Recreational Facility)Address: 941 Laskin Road GPIN: 2418716272 City Council. District 6 (Remick) C the JEMS LLC Property Owner:Richard D Goldstein&James P Goldstein Conditional Use Permit(Bulk Storage Yard)Address: 1361 Virginia Beach Boulevard GPiN: 2417254844 City Council:District 6(Remick) Za" Walcott Property Owner: Hoda Investments LLC Conditional Use Permit (Assembly Use)Address: 5193 Shore Drive, Suite 1.08 GPIN: 1469977720 City Council: District 9 (Schulman) Cardinal Sign Corporation Property Owner: VS Corp Inc Alternative Compliance Address:4616 Virginia Beach Boulevard GPIN:1477359569 City Council:District 4(Ross-Hammond) 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://virginiat)each.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 TOD service.The meeting will be broadcast on cable TV,https//virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.goy/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC PILOT- FEBRUARY 3,2026&FEBRUARY 10,2026- 1 TiME EACH W �NS��N SALEM AVE` Y n► n v� �m R�T�3 3) ® site David A & Robin Parker 0 Zoning Adjacent to 300 Winston Salem Avenue " t Property Polygons Feet 0 10 20 40 60 80 Map created by Planning Department on 1/16/2026 u� 9 � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of David A. Parker and Robin Parker for the Closure of Approximately 3,750 Sq. Ft. of Arctic Avenue Located Adjacent to 300 Winston Salem Avenue MEETING DATE: February 17, 2026 ■ Background: David A. Parker & Robin Parker (the "Applicants"), requested the closure of approximately 3,750 square feet. of Arctic Avenue (the "Right-of-Way"), adjacent to their property located at 300 Winston Salem Avenue, for the purpose of incorporating the closed area into their adjoining property. ■ Considerations: There is an existing public stormwater pipe within the Right-of-Way, which extends through the southeast portion of 300 Winston Salem Avenue. Additional stormwater improvements are planned as part of the Winston Salem Avenue Corridor Improvements Project, CIP 100489 (the "Project"), which is currently under construction. Therefore, the City shall retain a public drainage easement over the entire area proposed for closure, together with the right of access to maintain the stormwater facilities; and the City shall retain a temporary construction easement over the area proposed for closure for the construction and completion of the Project as noted in the conditions of approval. There is no anticipated public inconvenience that would be caused by this request. 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. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. ■ Recommendation: On January 14, 2026, the Planning Commission passed a motion by a recorded vote of 11-0 to recommend this request to City Council, with the following conditions: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. David A. & Robin Parker Page 2 of 2 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public drainage easement over the closed portion of the Right-of-Way, subject to the approval of the Department of Public Works and the City Attorney's Office, respectively, which easement shall include a right of reasonable ingress and egress. 3. Should the Winston Salem Avenue Corridor Improvements Project, CIP 100489 not be completed prior to final street closure approval, the Applicants shall provide to the City of Virginia Beach, and its assigns, a temporary construction easement over the closed portion of the Right-of-Way, subject to the approval of the Department of Public Works and the City Attorney's Office, respectively, until the Winston Salem Avenue Corridor Improvements Project, CIP 100489 has been completed. 4. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the Right-of- Way this approval shall be considered null and void. ■ Attachments: Ordinance Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 ORDINANCE APPROVING APPLICATION OF DAVID A. 2 PARKER AND ROBIN PARKER FOR THE CLOSURE OF 3 APPROXIMATELY 3,750 SQ. FT. OF ARCTIC AVENUE 4 LOCATED ADJACENT TO 300 WINSTON SALEM 5 AVENUE 6 7 WHEREAS, David A. Parker and Robin Parker (the "Applicants"), applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 9 of Arctic Avenue discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before two (2) years from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described portion of unimproved Right-of-Way (the "Right-of- 21 Way") be discontinued, closed and vacated, subject to certain conditions being met on 22 or before two (2) years from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF PROPOSED STREET CLOSURE 27 (3,750 S.F. OR 0.086 ACRES"), and shown as the cross- 28 hatched area on that certain street closure exhibit entitled: 29 "STREET CLOSURE EXHIBIT OF A 25' X 150' PORTION 30 OF ARCTIC AVENUE (M.B. 7, PG. 137) ADJACENT TO 31 PARCEL 'R', BLOCK 18 SHORE ACRES (M.B. 196, PG. 32) 32 VIRGINIA BEACH", Scale: 1" = 40', dated September 30, 33 2025, prepared by WPL, a copy of which is attached hereto 34 as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before two (2) years from City 39 Council's adoption of this ordinance: 40 41 No GPIN Assigned (City Right-of-Way) 42 Adjacent GPIN: 2427-22-1305 43 1. The City Attorney's Office shall make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 determined according to the "Policy Regarding Purchase of City's Interest in Streets 46 Pursuant to Street Closures," approved by City Council. 47 48 2. The Applicants shall resubdivide the property and vacate internal lot lines 49 to incorporate the closed area into the adjoining lot. The resubdivision plat must be 50 submitted and approved for recordation prior to final street closure approval. Said plat 51 shall include the dedication to the City of Virginia Beach of a public drainage easement 52 over the closed portion of the Right-of-Way, subject to the approval of the Department 53 of Public Works and the City Attorney's Office, respectively, which easement shall 54 include a right of reasonable ingress and egress. 55 56 3. Should the Winston Salem Avenue Corridor Improvements Project, CIP 57 100489 not be completed prior to final street closure approval, the Applicants shall 58 provide to the City of Virginia Beach, and its assigns, a temporary construction 59 easement over the closed portion of the Right-of-Way, subject to the approval of the 60 Department of Public Works and the City Attorney's Office, respectively, until the 61 Winston Salem Avenue Corridor Improvements Project, CIP 100489 has been 62 completed. 63 64 4. The Applicants shall verify that no private utilities exist within the Right-of- 65 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 66 company must be provided and shall be recorded after the final resubdivision plat is 67 recorded with the Clerk of Circuit Court. 68 69 5. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 730 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat is not approved for recordation 72 within two years of the City Council vote to close the Right-of-Way this approval shall be 73 considered null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before February 17, 2028, 78 this Ordinance will be deemed null and void without further action by the City Council. 79 80 2. If all conditions are met on or before February 17, 2028, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 90 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 91 VIRGINIA BEACH (as "Grantor") and DAVID A. PARKER AND ROBIN PARKER (as 92 "Grantees"). 93 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this _ day 95 of . 2026. 96 97 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 98 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department ly 0An CA16767 R-2 February 5, 2026 NOTES: 00 � LAKE 19UDEE 1. THIS EXHIBIT IS INTENDED TO J CV J C 4 N7 � N SHOW THE AREA OF PROPOSED w � w CIE ^ i RIGHT-OF-WAY CLOSURE AND o a o N INDEPENDENT OF THE N I, N / Z O O ASSOCIATED RECORD " - 8 O� �N N F DOCUMENT Q ^ N DAVID A. PARKER & S) IS NOT INTENDED c� o oN z (-Zs ANY OTHER THAN GENERAL m ~ ROBIN PARKER �1 REFERENCE. ' Z z ^ (I.N. 20080604000658050) 2. A TITLE REPORT HAS NOT BEEN v — PARCEL 'R' - - PROVIDED FOR THIS PROPERTY. I I ;' (M.B. 196, PG. 32) 10' PUBLIC- IfS GPIN: 2427-22-1305 DRAINAGE EASEMENT I I ^ (M.B. 122, PG. 48) (D.B. 1715, PG. 1) � � S 8245'00" W o BLOCK �,T,TH pF 25.oo' 18 yr, 1 RICr77 V. ARNER DH (f) DHLie2904 1010112025 �. I ARE4 OF PROPOSED O W I o STREET CLOSURE <Vb sult: CS 0 3 (3,750 50. FT OR W i h 0.086 ACRES) ^ ^ VBFC PROPERTIES LLC Q v m 3 (I.N. 20 PARCEL A 907560) Q� p o p N/F I (1.9048 ACRES) p�t j I h = DAVID A PARKER, W N ANDREW DALTON MEREDITH, V M.B. 122, PG. 48) I Q1 ►� MICHAEL BELL MEREDITH AND �Cs GPIN: 24274-22-2497 ` Q O� � ^ Q U ANDREW DALTON MEREDITH, JR N 82*45100" E (I.N. 20130107000024550) V W^ I 25.00' LOTS 3, 4, 5, do 6 Q N k.m 1 (M.B. 7, PG. 137) WI PIN (S) GPIN: 2427-12-9483 55.00' Q�N N 8245'00" E 0 40 80 WINS TON SALEM A VENUE (50' R/W) (FORMERLY FOURTH STREET) GRAPHIC SCALE (M.B. 7, PT. 2, Pc. I J7) SCALE: 1"=40' STREET CLOSURE EXHIBIT SHEET 1 20 2 OF 09/30/2025 A 25' X 150' PORTION OF ARCTIC AVENUE (M.B. 7, PG. 137) ADJACENT TO PARCEL 'R', BLOCK 18 Landscape Architecture SHORE ACRES Land Surveying 757-431-1041 Civil Engineering wplsite.com (M.B. 196, PG. 32) V I R M U S T A N G TRAIL, SUITE 2 VIRGINIA BFACH, �GIN I VIRGINIA 9EACN. VIRGINIA 23452 JN:F'LA1 iNi i,11U,i,AA CAD/chk: BKM/eag CITY OF VIRGINIA BEACH, VA 1 1098 37 1 PLAT: S-80 JN:225-0254 LOT# OWNER(S) - N/F GPIN REFERENCE(S) PARCEL R DAVID A. PARKER & 2427-22-1305 M.B. 196, PG. 32 ROBIN PARKER I.N. 20080604000658050 PARCEL A M.B. 122, PG. 48 (1.9048 VBFC PROPERTIES LLC 2427-22-2497 I.N. 20. 122, PG. 48560 ACRES) DAVID A. PARKER, LOTS ANDREW DALTON M.B. 7, PG 137 3, 4, 5, & 6 MEREDITH, MICHAEL BELL 2427-12-9483 I.N. 20130107000024550 MEREDITH AND ANDREW DALTON MEREDITH, JR TRIANGLE VBFC PROPERTIES LLC 2427-22-2331 I.N. 20111027001112520 PARCEL I.N. 20111027001112820 VBFC VBFC PROPERTIES LLC 2427-22-4278 I.N. 20111027001112820 PARCEL OFD r�Gl RIC ARNER Lic. 2904 7010112025 9�d SURN�,�O SCALE: NTS STREET CLOSURE EXHIBIT SHEET 2 OF 2 OF 09/30/2025 A 25' X 150' PORTION OF ARCTIC AVENUE (M.B. 7, PG. 137) ADJACENT TO WiiLl PARCEL 'R', BLOCK 18 Landscape kcnitech,re SHORE ACRES Land Surveying Civil Engineering (M.B. 196, PG. 32) z42 RX SIE 8►M 5M wi'z0430' VIRGINIA BEACH, VIRGINIA CAD/chk: BKM/eag CITY OF VIRGINIA BEACH, VA 1098 37 PLAT: S-80 JN:225-0254 Agenda Applicant: David A. & Robin Parker Planning Commission Public1 CouncilCity • Project Details Request Street Closure (25' x 150' western half of Arctic wa ¢ Avenue south of Winston Salem Avenue) "`• �' f •`. ; Staff Recommendation ., - Approval C 'C ve st 2 Staff Planner a t ' .;µ k`, i , Aubrey A. Trebilcock 3� "" ' ` ` AdjacentAddress l V, lr ;t 300 Winston Salem Avenue LAh'k` TM Adjacent GPIN � ` s Vz 2427221305 � � t' I - Site Size VVZ a i 3,750 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Paved right-of-way Surrounding Land Uses and Zoning Districts North Winston Salem Avenue Single-Family Dwellings/R-5S Residential South Restaurant, Watercraft Rentals/ RT-3 Resort Tourist East Marina, Boat Charters/RT-1 Resort Tourist West Restaurant, Watercraft Rentals/ RT-3 Resort Tourist David A. & Robin Parker Agenda Item 2 page 1 of 11 Background : SummaryofProposal • The applicant is requesting to close the western half of the Arctic Avenue right-of-way adjacent to the applicant's property at 300 Winston Salem Avenue and incorporate the closed area into the applicant's property.The area proposed for closure equates to approximately 3,750 square feet. • The eastern half of the Arctic Avenue right-of-way was previously closed by City Council on March 22, 1976, and added to 200 Winston Salem Avenue property. Zoning History Map Key No. Request W0 4 5 t014 N%,EM REZ (R-5S Residential to RT-3 Resort Tourist) Approved 06/08/2004 CUP(Marina, Watercraft Rentals) 2 Approved 06/08/2004 STC (25' x 150' eastern half of Arctic RT1 3 Avenue) Approved 03/22/1976 x 3 1 9 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 - • • . • There is an existing public stormwater pipe within this segment of Arctic Avenue which extends through the southeast portion of 300 Winston Salem Avenue.Additional stormwater improvements are planned as part of the Winston Salem Avenue Corridor Improvements Project, CIP 100489 (the "Project"), which is currently under construction.Therefore, the City shall retain a public drainage easement over the entire area proposed for closure,together with the right of access to maintain the stormwater facilities; and the City shall retain a temporary construction easement over the area proposed for closure for the construction and completion of the Project as noted in Condition 2 below. David A. & Robin Parker Agenda Item 2 page 2 of 11 As required by City Code, a Viewers' Meeting was held on December 3, 2025, that included City Staff from the Departments of Public Works, Public Utilities, Planning & Community Development, Parks and Recreation, and the Office of the City Attorney, to consider this request.The Viewers determined that the proposed closure, with the conditions as set forth below, will not result in any public inconvenience; therefore, closure of this portion of the right-of-way was deemed acceptable. Based on the consideration above, Staff recommends approval of the proposed Street Closure subject to the conditions provided below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public drainage easement over the closed portion of the right-of-way, subject to the approval of the Department of Public Works and the City Attorney's Office, respectively, which easement shall include a right of reasonable ingress and egress. 3. Should the Winston Salem Avenue Corridor Improvements Project, CIP 100489 not be completed prior to final street closure approval, the applicant shall provide to the City of Virginia Beach, and its assigns, a temporary construction easement over the closed portion of the right-of-way, subject to the approval of the Department of Public Works and the City Attorney's Office, respectively, until the Winston Salem Avenue Corridor Improvements Project, CIP 100489 has been completed. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. David A. & Robin Parker Agenda Item 2 page 3 of 11 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information This application site falls within the Resort Area SGA.The site also falls within the Marina District, a key development area of the Resort Area, that strives to create a mixed-use, walkable,family-friendly environment. Based on the Resort Area Strategic Action Plan, it states that a goal for this SGA is to "retain the feel of an oceanside resort with a sense of community" (p. 10, RASAP). ResourcesNatural & Cultural • The site is located in the Atlantic Ocean Watershed. There are no known historic or cultural resources that will be affected by this project. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on December 15, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 31, 2025 and January 7, 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 December 29, 2025. • 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 January 8, 2026. David A. & Robin Parker Agenda Item 2 page 4 of 11 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, February 3, 2026 and February 10, 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 February 2, 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 February 13, 2026. David A. & Robin Parker Agenda Item 2 page 5 of 11 ClosureStreet • NOTES: a LAKE AUDEE [> N N 1. THIS EXHIBIT IS INTENDED TO co E j �N SHOW THE AREA OF PROPOSED w i RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE z CRI 8 P N/F ASSOCIATED RECORD � � ° a DOCUMENT DAVD A. PARKER & S) IS NOT INTENDED � N� o a p ROBIN PARKER `51 FOR ANY OTHER THAN GENERAL m REFERENCE. > z z 2. A TITLE REPORT HAS NOT BEEN - ^ —(I.N. 2008 _ PROVIDED FOR THIS PROPERTY. �I w PARCELCEL '0658050}R' I (M.B. 196, PG. 32) 10' PUBuC--.-{ I-�,`o GPIN: 2427-22-1305 DRAINAGE EASEMENT I ^ (M.B. 122, PG. 48) (D.B. 1715, PG. 1) \ S 82'45'00" W o BLOCK �$NI,TH oF� �� 25.00' � 18 RIC ARNER DH (D D I off ( Mc. 2904 1010112025 �. �+ I AREA OF PROP05EO STREET CLOSURE SUFVq ` I o o (3,750 50. fT. OR Wi h 90 0.086 ACRES) N/F V VBFC PROPERTIES LLC z m (I.N. 20080801000907560) o z ti PARCEL A I o o N/F (1.9048 ACRES) p I ^ Z DAVID A PARKER, W^ ANDREW DALTON MEREDITH, Ct M.B. 122, PG. 48) C J ( p C9 GPIN: 24274-22-2497 Q I MICHAEL BELL MEREDITH AND o ANDREW DALTON MEREDITH, JR N 82'45'00" E (I.N�1301070000245550) 25.00 (M.B. 7, PG. 137) PIN (S) GPIN: 2427-12-9483 CP m I 55.00' 01`Sl N 82'45'00" E 0 40 80 WINS TON SALEM A VENUE (50' R/W) (FORMERLY FOURTH STREET) GRAPHIC SCALE (M.B. 7, PT. 2, PG. 137) SCALE: 1"=40' STREET CLOSURE KMBff SHEET 1 OF 2 OF 09/30/2025 A 25' % 150' PORTION OF ARCTIC AVENUE (M.B. 7, PG. 137) ADJACENT TO ON PARCEL 'R', BLOCK 18 Landscape Architecture SHORE ACRES _and Surveying 757-431-1041 .-id Engineering wphite.con. (M.B. 196, PG. 32) 1IR MIA R NG TRAM. SUITE 2 VMGR4U BEACH, VMGINIA -,4 MU TEACH.TRAIT, fA ITE58 CLD/cbk B%![/eag C1TY OF VIRGMU BEACH. VA 1 1098 37 PLAT:S-80 JN:225-0254 David A. & Robin Parker Agenda Item 2 page 6 of 11 ClosureStreet • LOT# OWNER(S) — N/F GPIN REFERENCE(S) PARCEL R DAVID A. PARKER & 2427-22-1305 M.B. 196, PG. 32 ROBIN PARKER I.N. 20080604000658050 PARCEL A M.B. 122, PG. 48 (1.9048 VBFC PROPERTIES LLC 2427-22-2497 I.N. 20. 122, PG. 48560 ACRES) DAVID A. PARKER, LOTS ANDREW DALTON M.B. 7, PG 137 3, 4, 5, & 6 MEREDITH, MICHAEL BELL 2427-12-9483 I.N. 20130107000024550 MEREDITH AND ANDREW DALTON MEREDITH, JR TRIANGLE VBFC PROPERTIES LLC 2427-22-2331 I.N. 20111027001112520 PARCEL I.N. 20111027001112820 VBFC VBFC PROPERTIES LLC 2427-22-4278 II.N. 20111027001112820 PARCEL ,,,ALTH op, RIC ARNER- Lic. 2904 l 1010112025 SURq$�O ifiLSCALE: NTS STREET CLOSURE 1�XHIBIT SHEET 2 OF 2 OF09/30/2025 A 25' % 150' PORTION OF ARCTIC AVENUE (M.B. 7, PG. 137) ADJACENT TO PARCEL 'R', BLOCE: 18 tech,rc SHORE ACRESgnw-w (M.B. 196, PG. 32) iP SE a Ma'WM'A 2W VI RGINIA BEACH, VI[RGINIA CAD/ebt BKM/eag C1TY OF VERGDU BEACH, VA 1098 37 PLAT:S-80 JN:225-0254 David A. & Robin Parker Agenda Item 2 page 7 of 11 Site • • { S 1� 1t Or W SCMf ti mn�rri 4. 19 � a . r �Y r r ROADWORK CANT Stop GOOD r David A. & Robin Parker Agenda Item 2 page 8 of 11 Disclosure CITY V p • BEACHDisclosure VIRGINIA The disclosures contained in this form are necessary to inform public officials who riloy vote or, the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this farm is required for all applications that pertain to City real estate matters or to the development andlor use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. DISCLOSURESECTION 1: APPLICANT APPLICANT INFORMATION Applicant Name: as listed on appficotior� David A.&Robin Parker 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?YesO No0 if yes,name Representative: R.Edward Bourdon,Jr.,Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo(F) 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 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No • If yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso NoQ if yes,name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, ,� Q Archway Properties,LLC(Private Lender) cross-collateralization,etc.) Real Estate Broker/Agent/Realtor a Disclosure Statement i rev. May-2024 page 1 of 3 David A. & Robin Parker Agenda Item 2 page 9 of 11 SECTIONDisclosure Statement DISCLOSURE , SERVICE YES NO SERVICE PROVIDER Name entity on!t1or indry uoli Account in Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land planner Construction Contractor 0 En ineer/Surve or/A ent _ , 0 Er Gamer.WPL � , Legal Services V € k.Sytca. Ahem d ke►y,PG, APPLICANT CERTIFICATION READ.I certify that at,'information contained in this Form is complete,tare,and accurote.I understand that, upon receipt of notification that the application has been scheduled for public hearing,t am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council YBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. David A-Parker Pod 1pavka Applicant Name(Print) Applicant Signature hate t"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than St#percent of the voting power of another corporoth n.'u See State and i ocol Government Conflict of Interests Act,VA,Code 4 2,2-3101. 2"Affiltoted business entity relationship"means"a relationship,other than parent•subs+diory relatronshi that exists when(i)one business entity has a controlling ownership interest in the other business entity,(d) a controlling owner in one entity is also a controlling owner in the other entity,or(in)there rs 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 are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share octivities,resources or personnel on o regular basis;or there is otherwise a close working relationship between the entities.";gee Mote and t orat Government Conflict of Interests Art.Vn. Code 0 2.2-3101 FOR CITY USE ONLY; No changes as of(date): 01/30/2026 Aubrev Trebflcock 01 3fl 2026 Staff Name(P(int) Staff Signature Date 04closure Statement I rev. May-2024 page 2 of 3 David A. & Robin Parker Agenda Item 2 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. David A. & Robin Parker Agenda Item 2 page 11 of 11 Virginia Beach Planning Commission January 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #2 David A & Robin Parker Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you, Commissioner Camp. The next item on the Consent Agenda is Item 2, David and Robin Parker, street closure on Winston-Salem Avenue. Is there a representative here today to speak on this item? Welcome, please state your name for the record. Mr. Bourdon: Thank you, Vice Chair Byler and Chairman Coston, honorable members of the commission. For the record, Eddie Bourdon, Virginia Beach Attorney, representing Robin and David Parker on this application. We appreciate the commission putting us on the Consent Agenda,and all five conditions as recommended by staff are acceptable to us, and appreciate Mr. Trebilcock's work with us on this application. Thank you. Ms. Byler: Thank you,Attorney Bourdon,you may be seated. I s there any opposition to this item being placed on the Consent Agenda? Hearing none,I've asked Commissioner Schoonover to read this item into the record. Ms. Schoonover: The applicants, David and Robin Parker, are requesting a street closure of a portion of the western half of Arctic Avenue south of Winston-Salem Avenue. This is a reasonable request and, seeing no opposition, the application has been placed on the Consent Agenda. (The following dialogue reflects the discussion to approve the minutes 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:Agenda Items 2, 3, 4, 6,8, 9, 11, 12, and the minutes. Mr. Coston: Thank you, Vice Chair Byler. Ms. Byler: I move that these items be placed on the Consent Agenda and approved by consent. Ms. Hippen: Second. Mr. Coston: It has been moved by the Vice Chair Byler and seconded by Commissioner Hippen that these items be approved on the Consent Agenda. Clerk: The vote is open. Mr. Plumlee: I need to note, I'm abstaining, in addition to the minutes as pointed out by Commissioner Camp for the site visit in January. I am abstaining from Items 6, 9, and 12 for reasons set forth in letters that were filed with the City Attorney's office. Clerk: The vote is open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes and Items 2, 3,4, 6,8,9, 11,and 12 have been recommended forapproval by consent. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'an i I X Mauch X Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public drainage easement over the closed portion of the right- of-way, subject to the approval of the Department of Public Works and the City Attorney's Office, respectively, which easement shall include a right of reasonable ingress and egress. 3. Should the Winston Salem Avenue Corridor Improvements Project, CIP 100489 not be completed prior to final street closure approval, the applicant shall provide to the City of Virginia Beach, and its assigns, a temporary construction easement over the closed portion of the right-of-way, subject to the approval of the Department of Public Works and the City Attorney's Office, respectively, until the Winston Salem Avenue Corridor Improvements Project, CIP 100489 has been completed. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. z w a w G z rr oz O 2 O V w p z Z � 0 rn p W rn z N z 0 0 V rn w z � n rn r tGINIA BEACH BLVD VIRGINIA BEACH BLVD Site Cardinal Sign Corporation Zoning 4616 Virginia Beach Boulevard "-*I:: Property Polygons s Feet 0 25 50 100 150 200 Map created by Planning Department on 1/16/2026 nu septet,. f GT, Grp, 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARDINAL SIGN CORPORATION [Applicant] VS CORP INC [Property Owner] Alternative Compliance (Request to replace an existing monument sign) for the property located at 4616 Virginia Beach Boulevard (GPIN 1477359569). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: February 17, 2026 ■ Background: The applicant seeks to replace an existing freestanding sign with a new freestanding sign on a property within the Central Business Core (CBC) district. This is a result of a companywide rebranding initiative by the current tenant, Bank of America. Section 2210 of the Zoning Ordinance states that any new freestanding signs within the CBC require approval by the City Council through a Special Exception for Alternative Compliance request. The proposed sign will be located in the southwest corner of the property, in the same location as the existing freestanding sign. The proposed sign, including the base, is 5-2 3/8" tall and 8'-6 5/8" wide and is approximately 30 square feet. This is approximately 18 square feet smaller than the existing sign. ■ Considerations: The existing building at the subject property is nonconforming to the Central Business Core (CBC) district's Form-based Code's build-to requirement, as it is approximately 60 feet away from the property line adjacent to Virginia Beach Boulevard. The build-to zone encourages new development to be located closer to the street, which reduces the need for freestanding signs. The existing site layout creates a scenario where a freestanding sign is necessary. The proposed sign complies with the Zoning Ordinance and the CBC District Design Guidelines. 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 and a letter of support was received from the Central Business District Association Design Review Committee. ■ Recommendation: On January 14, 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 freestanding monument sign shall be constructed in substantial conformance with the submitted exhibit titled with the project Cardinal Sign Corporation Page 2 of 2 name, "PRJ-BOA3-194235-R6" dated March 31, 2025, and prepared by Coast Sig, which is on file with the Department of Planning and Community Development. 2. The freestanding monument sign shall be constructed in accordance with the requirements stated in Sec. 214 of the City's Zoning Ordinance, which states the requirements for sign height, setback, and landscaping. There shall be a minimum of seventy-five (75) square feet of landscape planted area around the freestanding monument sign. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support from the Central Business District Association Design Review Committee with detailed plans attached Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Applicant: Cardinal Sign Corporation Property CORP Planning Commission • • . V_B_ CouncilCity '• • • Project Details Request Alternative Compliance (Request to replace an existing monument sign) -mil Staff Recommendation — -�- Approval t f f ✓ ter t` �s Staff Planner `° -- ._ Laine Harrington W 1—r :ass�r�o . Location �1 L I �- �Ir3__ � � It 4616 Virginia Beach Boulevard 58 GP/N _- _BAHKSTfw V i . 14773595690000 f25 5T Site Size rrsmeacEST �S vA A+L�Ba h 1 2.75 acres �,,_ ,_._' _.. �� r�L_ t � _ __ COLUYBU SS7. A/CUZ �_ - _ _ _,._� - 4 Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Financial institution/CBC Central Business Core Surrounding Land Uses and Zoning Districts North Office/CBC Central Business Core South Retail, Financial institution, Dental office /CBC Central Business Core East Automobile service station, Retail/CBC Central Business Core West Financial institution/ CBC Central Business Core Cardinal Sign Corporation Agenda Item 11 page 1 of 14 Background SummaryofProposal • The applicant seeks to replace an existing freestanding sign with a new freestanding sign on a property within the Central Business Core (CBC) district. Section 2210 of the Zoning Ordinance states that freestanding signs within the CBC district shall be allowed only by Special Exception for Alternative Compliance, meaning a new freestanding sign requires approval by the City Council. • The proposed monument-style freestanding sign will be located at the southwest corner of the property, adjacent to Second Street and perpendicular to Virginia Beach Boulevard, in the same location as the existing freestanding sign.The sign is double faced with 2" deep internally illuminated channel letters, constructed of painted aluminum. • The proposed sign, including the base, is 5'-2 3/8" tall and 8'-6 5/8" wide and is approximately 30 square feet.The existing sign and base are 6'-10"tall and is approximately 47.93 square feet. • This request is a result of a companywide rebranding initiative by the tenant, Bank of America.The applicant received an approved sign permit to update the building's wall signage in October of 2025. During that review, the applicant was notified that replacing the existing freestanding sign would require City Council approval. Zoning Map Key No. Request 1 CUP (Automobile service station) Approved 03/12/1997 2 CUP (Wireless communications facility) Approved 09/24/2013 � CUP(Technical/vocational school) secoNost 3 Approved January 22, 2013 ALT(Freestanding sign & building c9C ';; sign)Approved 01/15/2019 / u Y BEACH BIVO WRGINIA BEACH BLVD 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 Cardinal Sign Corporation Agenda Item 11 page 2 of 14 Evaluation • • • The Central Business Core (CBC) district is regulated by the CBC Form-based Code, which intends to foster the continued development of a central urban core with a mixture of uses and activated street frontages. All new development in the CBC district is required to comply with a "build-to zone", which requires facades to be located close to the property line fronting the street.The build-to zone requirement reduces the need for freestanding signs, as wall signage on buildings located closer to the street would have similar visibility as a freestanding sign. The existing building at the subject property is nonconforming to the CBC Form-based Code's build-to requirement, as it is approximately 60 feet away from the property line adjacent to Virginia Beach Boulevard. Since the building is further from the street, the existing site layout creates a scenario where a freestanding sign is necessary. The proposed freestanding sign is regulated as a monument sign, and complies with the base width, base height, and total sign height requirements for monument signs as stated in Sec. 210.2 of the City's Zoning Ordinance. The size (including the base area and sign face) is approximately 45 square feet on both sides of the sign. While there are no specific dimensional requirements for freestanding signs in the CBC district form- based code, the proposed sign complies with the freestanding signage regulations for nearby B-2 and B-3 Business districts. Additionally, the proposed sign complies with Sec. 5.11 of the CBC District Design Guidelines, as it has an opaque background and would be placed perpendicular to Virginia Beach Boulevard.The Central Business District Association (CBDA) Design Review Committee was provided the application for review, and a letter of support of support is on file with the Planning Department. Due to the existing site layout, compliance with the CBC District Design Guidelines, and compliance with the Zoning Ordinance, Staff finds this request acceptable as the signage will not negatively impact the surrounding properties and will be consistent with other Bank of America locations. Recommended Conditions 1. The freestanding monument sign shall be constructed in substantial conformance with the submitted exhibit titled with the project name, "PRJ-BOA3-194235-R6" dated March 31, 2025, and prepared by Coast Sig, which is on file with the Department of Planning and Community Development. 2. The freestanding monument sign shall be constructed in accordance with the requirements stated in Sec. 214 of the City's Zoning Ordinance, which states the requirements for sign height, setback, and landscaping. There shall be a minimum of seventy-five (75) square feet of landscape planted area around the freestanding monument sign. 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/ Cardinal Sign Corporation Agenda Item 11 page 3 of 14 Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information This project falls within the Pembroke SGA in the Central Business Core District Area.The Pembroke SGA Implementation Plan (p. 27) states, "The proposed District is envisioned as the main business, cultural, and arts center of the Pembroke SGA." The Reference Handbook (p. B-3) states that"Signs should primarily serve to identify the name, street number and nature of the business establishment. The color and theme of signs should be consistent with the primary building and the surrounding area. The overall surface area and height must be in compliance with the Zoning Ordinance."The proposed sign will identify the use and location of the business and the design is consistent with the primary building and the surrounding area. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Public Utility Impacts Water The site currently connects to city water. Sewer The site currently connects to city sewer. Cardinal Sign Corporation Agenda Item 11 page 4 of 14 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 15, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 31, 2025 and January 7, 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 December 29, 2025. • 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 January 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, February 3, 2026 and February 10, 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 February 2, 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 February 13, 2026. Cardinal Sign Corporation Agenda Item 11 page 5 of 14 Proposed Sign Plans Z N s a T Z E m U) C O. r > o * W W A �� » Y w ° L6 a s w z Z o Q - O (L M3 rt x� 0 O c Ms 0 o Z a U C7 $ L) s ui U) Q x' s Q Cardinal Sign Corporation Agenda Item 11 page 6 of 14 M. 2"I rALUM TIME FR wE,PAMTM SIMEILGLOSSFMIIS1. trr NuAAI sIGN FACE SACIRIIG, PAIN TIN BOA RED.8E16GtOSS FMRM. .12r ALUM TOP GAP,REMOVABLE. TOP YEN PARRTANBOARWI EMNN.OSS FINNL r� .e r4 rw Ea Ir 125"ALUM SIGN FACE,PAINT TO �'� rr GARBO SILVER GEM FNIRRI. l^ r DEEP CHANNEL LETTENS, SEEDETAILPG2. 'Lir— .12r ALUM SIDE CLADDING.,REMOVABLE BANK 6F ANOERICA PAINT T""BOA�D�""°`°""'" ' .. DISCOINECT SMTCNS _...,.. ..__.. ALUCOSOLIG MNM NATURAL 6 �T '--BRImNEDSOACM, PHOTOCELL- RECESSED. AI8"ALUN BRFAR FORMED POLE CLAINHNi, .12r ALUM BREAK FORMED POLE CLADDING, PAW TAM ROARED,SEMIGLOSS FINISH. PAINT TIM BOA RED,SEMIGLOSS FINISH. FINISH GRADE FONT 78D T••1G sre• � 1`r COLOR SPECIFICATIONS: S'd 96- FRONT d SLOE VIEW 0 ILLUMINATED MONUMENT SIGN W OVER LAMINATED 3M 366 SDAlE:.1MNS s1'-0" Ptl OVER LAMINATED RE W; ® PA NT.MP"'696NYLSMI,411 RED I GLOSS LAMINATED PAINT:MP Fd989b RED.SEMI GLOSS COIL.BRITE BRUSHED CLEAR GENERALSPECIFICAPONS'Lp j TTE,P,S, PAINT,GAABO SILVER,GLOSS FkSS:......_._...Ur PLASKOLITE MSMS LDACIMIC WI ROUTED EMS j-'I ALUC0009V01MM NATURALIN TALL AG SCREWS TO RETURN.APPLE 1ST SURFACE TRANS L.J BRUSHED Ntl ACM REUMLUE VINYL LEAVE EXPOSED EDGES WI MITI.FINISH RFTURRS'.,,,- M'X I"BRRE BRUSHED CLEARALUM COX., INTERIOR PAINTED W!LEP ENHANCEMENT PAINT BAGL1--.910'ALUM.BACKS PAINTED*LEP ENHANCEMENT PAINT GLIAMNATIGM_GE 1RRfE LED CUSTOMER APPROVAL n PrP�IP..1-0FAh A Yl- N.— DESIGN DRAWING 3 of 8 COAST SICKNC4 a Sry In bPeu eNPo 6cw: AYmc: iavwtw�wi,men -x.ma,:rr.. � NTS IAtb NNpu 9DlCX NPeI. °'"N E ,.. �y o RBCIp° 1�i'-nrr MEP 1 M+q f�N,++]rn yw.Ev Wam RJ-BOA3-194235-R6 1iCC v.Lra�..v 5r.Ana.:m,ClCA o280:I'4.520.9'.AA Uancn,wTNaS y 9u«kwec w ml Nm tt � ,anon h�wV„- wANewa D cn ,— Imi....:.. Lv CL 0 v � O 3 N^ N 0 ,12S"ALUM TOPCLADDING - _ SCREWS TO 3"ALUMANGLE FRAME. — 3`x11J2'X.125"ALUMTUSE FRAME, HORiZONTALAfER7ICAL•TYP. 114"STEELPLATE-CAD CUT OUT,BOLTS TO TUBE a% FRAME W.'14)3,'8"46 X d"BOLTS A NUTS, WELD NUTS TO PLATE. PLAN VIEW SECTION ^� MSS 2"X2"X1'8"TS. SEE @£TAIL&'}PG 7. -` 'WELD TOLA"STEELPLATE. SCALE'1.172•'d'-II' 2"X 2"X 125ALUMANGLE.CLADDING V4 64*1 SUPPORTS,SCREWS TO TUBE FRAME TUSE FRAME W7 dR x 112`TEX SCREWS. 1'-2" 3t15^ A--- —! Mr R 1T&WEM TUBE PERIMETER ONLY, "'—NRER ANGLE � CUTBwEt@AS REWatEO. �� " --�-`- -- — HOftI20MAUYERTICAL•TYP 35 Tiff ,pppppp'1ggqqqq`�' \\\- 35 J'6 _,125"ALIiM STUN FACE BACKING SHEETSCREWSTO TUSEFRAME. o rT .125-ALUM SIGN FACE BACKING SHEET,SCREWS TO TUBE FRAME. m--^ -•----------- - ------_-- HSS Yx 3•x v16"tS .126"ALUM SIGN FACE .�.—.-- — OU'wE:{1p5Nr4YG. ^WELD TO TV13E FRAME. 2R 2"X.12SMLUMANGLE- ACM lUllllRTS- J4FINISH GRADE•,_,_•_• .. SEE IQ'THK.LETTERS FACE DE7AILP93, E" I 11 A'-UM FLEX RUNALONG POLE COVER --1M WHI7EACM-BACK 12"Xi2"X R"1 STEELSAS£PLATE T VP.'(4)5,'9"•1IX36'LGANCHOR t10LTS S NUTS. MIN FMSFDDFD 30"IN TO CONCRFTE .125"ALUM TOPCLAD014G SCREWS TO 2"ALUMANGLE FRAME. SEE FOOTING RETAILON PG S 1 3"X�1 112'X.123"ALUMTUBE FRAME. HORIZONTALNERTICAL-TYP. .S EWHfT£LEDs(SEE LAYOUT PG.5E i NS X`;"HEX TEK SCREWS FRONT&SIDE VIEW FRAMING&ELECTRICALDETAIL (7 Seala:iR"=1-D 2"X `X.i25ALUMANG CLADDING SUPPORTS, � SCALE 3"=1'-0" sGREws To rue£FRAME wr ae x vz•'r£x SCREWS. isx N4#-; H. 0-1.1 D-1a R-l.bn Nol-s DESIGN DRAWING 4 of 8 COAST S I G N N . . 4�,�w �a -,.a., a F � ttLp ^ri c can +UMW+ ll^mllSI Nll-lD f N i5C0w E.—wSl,A.I,im,CA92802 714.520.91" 'ix�•�< ° "'�"� IA2.. 1 '" "`•»-,, PRJ-BOA3.194235•R6 01 1? 0 Op O rD 0-+1 3 W= F� F� O N SITE PLAN SIGNAGE SPECIFICATIONS 1477359569DW F l 14/.aa • Property Owner V5 Corp..Inc, - - - p.O.Box 32547 ---` - C?rar9ottor NC 28232 1! * ! i ! � Not9'McrnvrnFna IanetsraPnd arna wY11 Ge,'a SF ! DETAIL @ MONUMENT_ i ; ! ......�..,....�.. .�..�.. Area Cak.: 6173 sr ai r I • ,yq� r r �tf p1237.95' N ^^awsx wr-a °1�wwt.a asr+ ar +.raw+o-w ..<+v• a. r wx.. DESIGN DRAWING 1 a! R COASTSIGN ~ �+• ab5d m'!t'.Y S..var 1.F.*kW'�Yuw'i+aW�ek P J-BQA3-19Q235-R6 42 fl O �p O Oh 3 I� F� 0 Site • • �s ma nsa Cardinal Sign Corporation Agenda Item 11 page 10 of 14 Disclosure Statement V!WBVIRGINIA 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 low,Completion and submission of this form is required for ollopplications 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 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as/is red on npphronon Cardinal Sign Corporation Is Applicant also the Owner of the subject property? Yes 0 No ISS) Ifna,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes 0 No 0 if yes,name Representative; Christa Pickrell,Permit Goordinatof/Cardinal Sign Corporation Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(DNoO if yes;list the names of all officers,directors,members,or trustees below AND businesses that have 0 parent-subsidiary'or affiliated business entity 2 relationship with the Stan Stollinp,Greg Stollings,Jerry Phelps,Jr. Does the subject property have aproposid or pending purchaser? Yes No(D' 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 0 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 andlor individual providing such services must be identified.(Attach list if necessary) SERVICE YES NO SERVICE PROVIDER Nome entity and or individuall Financing(mortgage,deeds of trust,! 0 cross-collateralization,etc.) 0 0 Real Estate PT!S!!�r�/ entifftealtqr Disclosure Statement I rev. M a V-2024 page I of 3 Cardinal Sign Corporation Agenda Item 11 page 11 of 14 SECTIONDisclosure Statement DISCLOSURE corttinuod SERVICE YES NO SERVICE PROVIDER ':a�F„�,r,irxtr'arri,{a�r t�trlavidua�� Accounting f tax Fte€um Pre, Mn Auchit€ct/I3esignerlLandscape I Arrhitect/LwW Planner � (90 ' Construction Contractor_.___ Cardinal Sign Corporat rt/S r lWalkir neer/iurye r/A nt 0 � �.e�at 5ervia�s ' APPLICANT CERTIFICATION READ;t cerrtrfy that all information contained in this roan rs complete:,true,saw orruratc, i understand rhot, upon receipt of notif alibn that the application has been scheduled for public hearing, I am responsible for updating the information,provided herein three weeps prior to the meeting of Planning Commission, City Council, MAL CHPA, Wetlands Board or any public body or committee in a onnectrarm with this application, Stan SwWrW,CEO , F t •1Sa 0 Applita'nt Name(print) Applicant SWuWte '" Efate t"Parent-subsidiary relationship'Herons'a relotianship that exists when cane corporation directly or indirectly owns shares,possessing mart than 50 percent of the voting power of onother r otrnn." Stem€°and Local Gavernment Conflict of Interests Act,VA- Co*O Z -3.it7I 2'Affiliated business entity reWianship*means'a relationship,other thanparent,subsidiary relavanship, that exists when(i)one business entity has a contn3fiing ownership interest in the arber business entity„(h) a controlling owner in one entity is also a controll,ing owner in the gather enti[y,or(rii)there is shared ratrrnagenwnr at control b"weerm the business arnrioesr Focrors(hot should be considered in determining the existroce of an offWared business entity Moionship include that the some person or substantially the some person own at manage the two emit s;theme are common or cor mingled furls or owts;the bossiness entities Short t the use of Ow some offiors or empl ,yes or otherwise shiers a tivitirs,resources or personnel on a regular basis;or there is otherwise a close working relationship between the en r,°ev,"See State and torntCsmr*r-ment ConftictgfInteresrs Art, ta Code 4 2,2-3161, FOR CITY USE CINLY- f o changes as of January 28, 2426 Laine Harrington 192812026 Staff Name(Print) Staff Signature Date [siw1osure Statatmltnt I rov sn a V-2024 page 2 of 3 Cardinal Sign Corporation Agenda Item 11 page 12 of 14 SECTIONDisclosure Statement PROPERTY DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: os tistedvn application VS CORP INC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yes No Q if yes,list the nanms of all officers„directors,members,or trustees below AND businesses that have a parent-subsidiary a or offiliated business entity 2 relationship with the applicant.(Attach list if necessary.) ANASTASIA CHARALAMBOUS i m Does the subject property have a proposed or pending purchaser?_ Yes f,� 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 No 4D 11ye name the o icial or__emploge,and atescrtbe th nature of their interest, PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner(rust certify whether the following services are teeing 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.(Attoch list if necessary.) R_ E ______7__YE_S _E _YES NO SERVICE PROVIDER Fina __ _ _ ! {Name�.rt�n nr ir►drvldn�olJ�„-„_„_. ncing(mortgage,deeds of trust,. cross-collateralization,etc.' Real Estate Broker/Ag or ent/Realt _ _ Accountin Tax Return Preparation TOM MQRRI$ Architect/Designer/Landscape 0 (D A,rh+tect/tand Planner Construction Contractor 0 12) Engineer/Surveyot/A%ent Q 0 Legal Services Q 0 PROPERTY OWNER CERTIFICATION READ.i certify that oil 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,l am responsible for updating the informotion 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. ANASTASIA CHARALAMBOUs 09 25-2f}25 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Cardinal Sign Corporation Agenda Item 11 page 13 of 14 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. Cardinal Sign Corporation Agenda Item 11 page 14 of 14 Virginia Beach Planning Commission January 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #11 Cardinal Sign Corporation Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Next is Agenda Item 11, Cardinal Sign Corporation. Is there a representative here to speak on this item? Welcome,please state your name for the record. Ms. Pickrell: Hi, my name is Krista Pickrell, and I'm with Cardinal Sign Corporation. We are the sign installers for the Bank of America monument sign that you have placed on the Consent Agenda. Thank you. Ms.Byler: Are the conditions acceptable to you? Ms. Pickrell: Yes,they are. 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: The applicant seeks to replace an existing freestanding sign with a new freestanding sign on a property within the Central Business Core District. The proposed monument-style freestanding sign will be located at the southwest corner of the property,adjacent to Second Street and perpendicular to Virginia Beach Boulevard. The proposed sign includes a base of 5 feet tall and 8 feet wide,and is approximately 30 square feet. The existing sign and base are 6 feet 10 inches tall and approximately 47 square feet. With staff approval and hearing no opposition,we voted to put this on the Consent Agenda. Ms.Byler: Thank you. (The following dialogue reflects the discussion to approve the minutes 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:Agenda Items 2, 3,4, 6, 8, 9, 11, 12,and the minutes. Mr. Coston: Thank you, Vice Chair Byler. Ms. Byler: I move that these items be placed on the Consent Agenda and approved by consent. Ms. Hippen: Second. Mr. Coston: It has been moved by the Vice Chair Byler and seconded by Commissioner Hippen that these items be approved on the Consent Agenda. Clerk: The vote is open. Mr. Plumlee: I need to note, I'm abstaining, in addition to the minutes as pointed out by Commissioner Camp for the site visit in January. I am abstaining from Items 6, 9, and 12 for reasons set forth in letters that were filed with the City Attorney's office. Clerk: The vote is open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes and Items 2,3,4, 6, 8,9, 11, and 12 have been recommended for approval by consent. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Conditions 1. The freestanding monument sign shall be constructed in substantial conformance with the submitted exhibit titled with the project name, "PRJ-130A3-194235-R6" dated March 31, 2025, and prepared by Coast Sig, which is on file with the Department of Planning and Community Development. 2. The freestanding monument sign shall be constructed in accordance with the requirements stated in Sec. 214 of the City's Zoning Ordinance, which states the requirements for sign height, setback, and landscaping. There shall be a minimum of seventy-five (75) square feet of landscape planted area around the freestanding monument sign. 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. A11 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. January 5, 2026 • • • Christa Pickrell Permit Coordinator Central Business District Association Cardinal Sign Corporation Design Review Committee 2629 Dean Drive 1 Columbus Center#611 Virginia Beach,VA 23462 Virginia Beach, VA 23452 (757)490-7810 Design Review Committee RE: Bank of America—One Monument Sign, 4616 Virginia Beach Voting Members Blvd, Virginia Beach, VA 23462 Samuel Estep,Chair Clark Nexsen Ramsay Smith,Vice Chair Dear Applicant: Pembroke Enterprises,Inc. Blake Sheppard The Central Business District Association Design Review Committee ArmadaHoJJler reviewed the proposal at the above referenced location on Monday, Kathryn Byte r January 5, 2026. The committee approved the proposal as Pender&Coward A.C. submitted (detail attached). RossG.Winfield Frieden Wealth Management Please note that you will need to apply for a sign permit through the Wolcottivr Pocta sGat standard City review process. You will also need to submit an olcot Rivers Gates Jeanne Evans-Cox Alternative Compliance request as stated in the Zoning Ordinance. CBDA Executive Director Please present this letter with the attachment when you apply for sign Non-Voting Members permits through the Planning Department located at 2875 Sabre St., Eric Severn,City Liaison Suite 500, Virginia Beach, VA 23452. City of Virginia Beach Department of Economic Development We thank you for your time and cooperation. Should you have any questions or need additional information please contact Eric Severn, City Liaison at(757) 385-2907 or by email at eseverngvbgov.com. Sincerely, Samuel Estep CBDA DRC Chair attachments 1 SITE PLAN SIGNAGE SPECIFICATIONS PID: CWb0 N—A-W a.R �� R.RRN.rW R.pl.o.lt,fare.tR tle.RenR Eipa 14773596690000 PA 147,95' Property Owner: ----K>_s.ao.ne, bi ' VS Corp.,Nzc P.O Box 32547 i >• _ - - - - — , Charlotte,NC 28232 4 nra I i ow ca i r + NOW Mommerd landscaped area will be 75 SF DETAIL @ MONUMENT I I Area Calc: • I o I AMA n MWEt*pWdea 721.5 985SF- Gnm I , 1 i Br1` is a ' i b i � OnrR o� 1 —.—._.—._._._ _.w —P1L 147 ie9 Nol io SpIR SC81e:9`-75' VI+0+1+s BeeeR atM. ur atot xma ""'roRes or A �t'v"Wr Tno r w whew aenaR..e wRw o o W Dw R.erleR Mere mR D"fw Rn. R.w. No.. DESIGN DRAWING 1 or 8 C©AST SIGN "�`� Rt.Ramaan �, � aetRvryl^.!la.tl�erN ,.Y..earwMa.MmeoMa+Ren. � , Rmpre w+e YarreRe ear Yau to can a vw ern.es tbawe�xr.'.aar wr.m.wr a RequeN Number: ,SaO w. e r t Wpn.e..n,vRzatu �,,�a.rw aw rot..�aerwaue, ± twat xrw.w.....r,.. e �..�,�. eM•«, �,.� ,,� °a w, w PRJRBOA3-194235RR6 rR. Narr; aasar.ew.b.v vworss..nnan. a raaess Re�u*aeurae..en rr nrw r•. .*now.i..np.a+aroti e.+o.. *r r,r+anwe...i[K.eNM M N EXISTING P NnTO-EXT-001 PHOTO ENHANCEMEIVT.EXT-001 I U,k j �a S Y.(¢S1F3i{? BANK OFAMERICA /^ /� '(' /�'++ �y o..+7 ow >a«rs�«roam DESIGN DRAWING 2 of 8 \r�I 'V ( V IV �=aoc �ss���nce e.e S M1 k Mfrw. �tl J mF W5 f� °'-I nrinr f pw�xam ego sw, m.m a cnw x +w+t cxrnrfn .„4 Request Number u�. PRJ-BOA3.194235-R6 CdY/F SFMe iSi.AiwM;++,CA 92AM)t.5]A 9f<.1 M«N(�. .� ,b 9t�,vP.:.NtF wua W stmiwrnP ro r rcx nr wv.. .arum tr.m o...ma..n.rar.awr W 3'X 3"ALUM TUBE FRAME,PAINT TM '. GARBO SILVER,GLOSS FINISH, �.129' Till SIGN FACE BACKING, PANT TM BOA RED,5EMK,LOBfi RIfiFL .125'ALUM TOP CAP,REMOVABLE. TOP VIEW PAINT TM BOA RED,SEMIGLOSS FINISH. .125"ALUM SIGN FACE,PANT TM r '2" �OARBO SILVER,GLOBS FINISH 2'OW CHANNEL LETTERS,. J'•M! SEE DETAIL PG Z. k ,125"ALUM SIDE CLADDING,REMOVABLE. A N K F A ERICA r` ' ,�PAINT TN BOA.RED,SEMIGLOSS FINISIL ALUCOBOND<MM NATURAL OISCOMPHECT$WITCH$ BRusHEn u ACM. PHOTO CELL.RECESSED. .125'ALUM BREAK FORMED POLE CLADDING, ,125"ALUM BREAK FORMED POLE CLADDNG.. 9 PAWT TM BOA RED SEMIGLOSS FM5A a PANT TM BOA RED,SEMIGLOSS FINISH, FINISH GRADE FONT TEID 81.6 5ra- COLOR,SPECIFICATIONS: FRONTffi SIDE VIEW @ ILLUMINATED MONUMENT SIGN ■ ��3660111 racALE:tm=Ivl' ■ 3MVINY1:A363d2{13 RED MOM LAAIIBAT® PANT:MP#4%99 RED,SEMI OLON �..®.".. 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Vft VELOCITY 9S MPH MOSIMC 'F 4. CONCRETE 25W P91 btbJM 1''.VXI'.0"1(Y"STEEL PLATE 5. SQ 45S STEEL ASTM A446 GR S.F,.46 K919*, W(4)X'O THREADED ANCHOR ROD STEEL J' � FOR S. PLATE STEEL ASTM A39 VMUTAMASHEBJNUT SA"BSOLTB 7. THREADED ANCHOR ROD STM AVM F1554 OR M B EMBEDDED Etna ' a�+-Y 112'0 HOLES FOR B. STEEL R9fORCFBEHT14 CONCRETE ASN MIS OREt WINEA6ED. 3W � MvBOLTS 9, ARDME W 7 CLEAR COVER ON ALL STEEL ejWD-,Eo N NM CONCRETE CONCRM WffN CAST AC04T SOL SAM PLATE 10. LATERAL SOL BEARWG PER CDC CUSS 5 OM P;TTT 11. WBJ)W STRENGTF,1—40KIM 114"STEELPLATE FABRICATION DETAIL 518"PLYWOOD-INSTALLTEMPLATE 12. PROI'Faf PROTE=%i'SANST MSIMAR NE"AI..S USpK;NF PRFVr GAq<TS BCALE'1-il!"•1'd' SCALE-,11 AtI dWMSpN510�'1E++FEO PRIOR TO fABAt19V Mle'r,}.11.2:V� P1°'wtYYe.NRMPI UAfw:� !M WWM<C 11w w n-ca4r'4-1-M•w d-weP owNP.. Dee RewT."44YM OWBM.f 1Me 4M4WnTw4e. DESIGN DRAWING 8 m 8 COAST SIGN vY"enerc Ysq,l NY n-9 M0"� ea+avRP"'e se.ce oLY, I.y.e ram.d �f o a<"carq Wn*wa r rc m u I : wn ,.or u wnewp . ROglre9a NtlmbQr. 1500 W E 4a.rrla.bwMiee,CAT26W a1<574,i<. O..nK.xiN I. AI 14pFee MnJl, I�. 4 h}�I RrM. w.w�- m . .. , e,y. PRJ-BOA3.1%235■R6 .esr M1IP.e pY'Ttinr H. �" n�Yielrennpw^elwn.� M.pry �r rxw�.rwe.r�M.y gSN ST R5S I '�S ® site Matthew Scornavacchi y M Zoning 514 9th Street "- `; Property Polygons Feet 0 5 10 20 30 40 Map created by Planning Department on 1/16/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MATTHEW SCORNAVACCHI [Applicant & Property Owner] Modification of Conditions to a Change in Nonconformity for the property located at 514 9th Street (GPIN 2427039916). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: February 17, 2026 ■ Background: The applicant is seeking to modify conditions associated with a 2024 City Council- approved Change in Nonconformitv at 514 9t" Street. More specifically, the applicant is seeking to modify the concept plan, renderings, and elevations to depict a previously constructed staircase and deck, as well as allow for the development of a future handicap accessible ramp. The deck and staircase are constructed of treated wood. The future ramp, if needed, will be constructed using the same materials and will replace the staircase along the western side elevation. ■ Considerations: The staircase, deck, and future ramp are limited in scope and are in keeping with the development pattern of the surrounding area. The proposed future handicap ramp will be located in approximately the same location as the existing staircase. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. A total of four letters of support were received for this request and there is no known opposition. ■ Recommendation: On January 14, 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 . All previous conditions attached to the Change in Nonconformity for the property located at 514 9th Street of December 10, 2024, shall be voided and replaced with the following conditions below. 2. The site shall be developed in substantial conformance to the site plan entitled "Zoning Exhibit of Lot 16, Block 26," prepared by WPL, dated October 29, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. Matthew Scornovacchi Page 2 of 2 3. The site shall be developed in substantial conformance to the rendering entitled "RESIDENCE @ 514 9TH STREET— ELEVATION WITH STAIRS," dated December 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 4. If and when the applicant desires to construct a ramp on the site, the design of the ramp shall be in substantial conformance to the rendering entitled "RESIDENCE @ 514 9TH STREET — ELEVATION WITH RAMP," dated December 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map Resolution Minutes of Planning Commission Hearing Letters of Support (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Ai) 1 A RESOLUTION TO MODIFY THE CONDITIONS OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 514 9TH STREET 4 5 WHEREAS, Matthew Scornavacchi (the "Applicant") has made application to the 6 City Council for authorization to modify the conditions associated with the previously 7 approved change in nonconformity to alter and expand the nonconforming semi-detached 8 single-family dwelling located at 514 9th Street and zoned R-5S Residential; 9 10 WHEREAS, this parcel currently contains a dwelling that does not meet the current 11 zoning regulations. The dwelling is a semi-detached dwelling, formally approved as a 12 duplex, which is not a principal dwelling type in R-5S. The dwelling was constructed prior 13 to the adoption of the applicable zoning regulations and is therefore nonconforming; 14 15 WHEREAS, on December 10, 2024, City Council authorized, with three conditions, 16 the expansion of the nonconforming structure for this parcel; 17 18 WHEREAS, the Applicant seeks to allow the construction of a staircase, expanded 19 deck, and handicap ramp; 20 21 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 22 approval of this application on January 14, 2026; and 23 24 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 25 of a nonconforming structure associated with a nonconforming use is unlawful in the 26 absence of a resolution of the City Council authorizing such action upon a finding that the 27 proposed structure as expanded is equally appropriate or more appropriate to the zoning 28 district than the existing structure. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby finds that the proposed nonconforming structure as 34 expanded, will be equally appropriate to the district as is the existing structure under the 35 conditions of approval set forth herein below. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 1. All previous conditions attached to the Change in Nonconformity for the property 41 located at 514 9th Street of December 10, 2024, shall be voided and replaced with the 42 following conditions below. 43 44 2. The site shall be developed in substantial conformance to the site plan entitled "Zoning 45 Exhibit of Lot 16, Block 26," prepared by WPL, dated October 29, 2025, which has 46 been exhibited to the City Council and is on file with the Department of Planning & 47 Community Development. 48 49 3. The site shall be developed in substantial conformance to the rendering entitled 50 "RESIDENCE @ 514 9TH STREET— ELEVATION WITH STAIRS," dated December 51 10, 2025, which has been exhibited to the City Council and is on file with the 52 Department of Planning & Community Development. 53 54 4. If and when the applicant desires to construct a ramp on the site, the design of the 55 ramp shall be in substantial conformance to the rendering entitled "RESIDENCE @ 56 514 9TH STREET— ELEVATION WITH RAMP," dated December 10, 2025, which 57 has been exhibited to the City Council and is on file with the Department of Planning 58 & Development. 59 60 5. The applicant shall obtain all necessary permits and inspections from the 61 Department of Planning & Community Development Permits and Inspections 62 Division. 63 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: tanning and Community City Attorney's Orfice Development CA17079 R-1 December 30, 2025 2 Agenda Applicant and Property Owner: Matthew Scornavacchi Planning Commission Public CouncilCity • Project Details Request Modification of Conditions (Change in _ �PKE Nonconformity) ZzµST wR°� Y r !, �� \`„r±g• LAKE OR l Y Staff Recommendation .oAxSCTmPLLE r ri= s Approval .0UO1Q WPY PINEWOOD 1) i J _NORFOLK AVE Staff Planner n oTHgj` a "G m n 9THST p °a Alexis Bailey q p � �➢ `,y... 9L 9TV+. n -PVE ERLE Location 9 RST CRES 514 9th Street MrAyoP�E GPIN of waRE Pve 2427039916 9 Z V1RGtHtP PVE < x Site Size t p sJPPv[ 3,000 square feet m LPR N,�N FOttJT pV= AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Duplex/ R-5S Residential Surrounding Land Uses and Zoning Districts e North ., 9tn Street Duplexes, multi-family dwellings/A-12 Apartment s M South Lake Holly/ R-5S Residential East Duplex/ R-5S Residential West Duplex/ R-5S Residential Matthew Scornovacchi Agenda Item 3 page 1 of 17 Background & Summary of Proposal • The applicant is requesting a Modification of Conditions to modify the concept plan, renderings, and elevations to depict a previously constructed staircase and deck, as well as to allow for the development of a future handicap accessible ramp. • On December 10, 2024, a Change in Nonconformity was granted on this property to construct an addition at the rear of the existing duplex. The conditions specified that the site be developed in substantial conformance to the site plan, elevations, and renderings;therefore, a Modification of Conditions is required to accommodate the new staircase, proposed handicap ramp, and expanded deck. • The subject property, 514 9th Street, was developed in 1980, when the property was zoned R-7 Residential and duplexes were allowed with a Conditional Use Permit. A Conditional Use Permit was granted by the City Council on January 8, 1979, to allow for the construction of the duplex on the site. In August of 1985, the City Council amended the Zoning Ordinance regulations for the R-7 Residential District, eliminating duplexes as a conditional use to preserve the predominantly single-family residential character of the Shadowlawn community. Subsequently, in 1988, the R-7 Residential District became the R-5S Residential Single-Family District, which does not permit duplexes, resulting in the subject site becoming legally nonconforming. • The deck and staircase have been constructed of treated wood.The future ramp, if needed, will also be constructed of wood and will replace the existing staircase along the western side elevation. Zoning History # Request NON Approved 12/10/2024 1 /f/ 2 CUP (Duplex)Approved 01/08/1979 2 CUP (Short Term Rental) Approved 02/04/2020 ; 3 3 NON Approved 06/27/2000 �R5S/ ; r Application Types CUP: Conditional Use Permit MDC. Modification of NON: Nonconforming Use REZ: Rezoning Conditions STC:Street Closure CRZ. Conditional Rezoning MDP: Modification of Proffers FVR: Floodplain Variance Matthew Scornovacchi Agenda Item 3 page 2 of 17 ALT.'Alternative Compliance LUP:Land Use Plan SVR:Subdivision Variance STR:Short Term Rental Evaluation - • • , • This request for a Modification of Conditions to a Change in Nonconformity to allow an existing staircase, rear deck, and the development of a future handicap accessible ramp is, in Staff's opinion, acceptable.The staircase, deck, and future ramp are limited in scope and are in keeping with the development pattern of the surrounding area.The proposed future handicap ramp will be located in approximately the same location as the existing staircase. Based on these considerations, the request is recommended for approval by Staff, subject to the conditions listed below. Recommended Conditions for Modification of Conditions (MDC) 1. All previous conditions attached to the Change in Nonconformity for the property located at 514 9th Street of December 10, 2024, shall be voided and replaced with the following conditions below. 2. The site shall be developed in substantial conformance to the site plan entitled "Zoning Exhibit of Lot 16, Block 26," prepared by WPL, dated October 29, 2025, 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 rendering entitled "RESIDENCE @ 514 9T" STREET— ELEVATION WITH STAIRS," dated December 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 4. If and when the applicant desires to construct a ramp on the site, the design of the ramp shall be in substantial conformance to the rendering entitled "RESIDENCE @ 514 9TH STREET—ELEVATION WITH RAMP," dated December 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development 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. Matthew Scornovacchi Agenda Item 3 page 3 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. Previous Conditions from 2024 Change in Nonconformity 1. The proposed enlargement shall be developed substantially in conformance to the site plan entitled "PHYSICAL SURVEY OF Lot 16, BLOCK 26, SHADOW LAWN HEIGHTS, VIRGINIA BEACH,VIRGINIA, M. B. 7 R14 FOR J-MAT SOLUTIONS, INC.", dated February 27, 2014, prepared by DKT Associates Land Surveyors, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning &Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the building elevations entitled "Residence@ 514 9t" Street Virginia Beach,Virginia—Exterior Elevations, Drawing Number A201," dated May 31, 2024, prepared by Onespace Architects, which is exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. Comprehensive Plan Information The site is located within the Resort Area Strategic Growth Area (SGA). Given this modification is for a more minor change in the approved design, the modified design should: respect neighborhood context and keep blocks to neighborhood scale (p. 51, RASAP) Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and in the Special Flood Hazard Area, zone AE, which is a high-risk flood zone. The existing structure is in compliance with the Floodplain Ordinance (Appendix K, City Code), including elevation with 2 feet of freeboard above the Base Flood Elevation. Building access is an allowed use below the design flood elevation. There are no known historical or cultural resources that will be affected by this project. Matthew Scornovacchi Agenda Item 3 page 4 of 17 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-20 ADT 9th Street No Counts Available 9,900 ADT 1(LOS 4 "D") Proposed Land Use 3-20 ADT 1 Average Daily Trips 2As defined by a 3As defined by a 'LOS = Level of duplex duplex Service Master Transportation Plan(MTP)and CapitalImprovement Program(CIP) 9th Street in the vicinity of this site is a two lane local street. This section of 9t" Street is not addressed in the MTP. Active Transportation Plan 9th Street is used as a pedestrian connection from Mediterranean Ave to Arctic Ave. Parts of the street lack safe pedestrian facilities, including the frontage of this property. The Active Transportation Plan recommends a standard 5-foot wide sidewalk be constructed along the front of this site. ImpactsPublic Utility Water&Sewer The site is currently connected to city water and sanitary sewer. PublicOutreach Information Planning Commission • Four letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on December 15, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 31, 2025 and January 7, 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 December 29, 2025. • 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 January 8, 2026. Matthew Scornovacchi Agenda Item 3 page 5 of 17 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, February 3, 2026 and February 10, 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 February 2, 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 February 13, 2026. Matthew Scornovacchi Agenda Item 3 page 6 of 17 Resolution 1 A RESOLUTION TO MODIFY THE CONDITIONS OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 514 9TH STREET 4 5 WHEREAS, Matthew Scornavacchi (the "Applicant") has made application to the 6 City Council for authorization to modify the conditions associated with the previously 7 approved change in nonconformity to alter and expand the nonconforming semi-detached 8 single-family dwelling located at 514 9th Street and zoned R-5S Residential; 9 10 WHEREAS, this parcel currently contains a dwelling that does not meet the current 11 zoning regulations. The dwelling is a semi-detached dwelling, formally approved as a 12 duplex, which is not a principal dwelling type in R-5S. The dwelling was constructed prior 13 to the adoption of the applicable zoning regulations and is therefore nonconforming; 14 15 WHEREAS, on December 10, 2024, City Council authorized, with three conditions, 16 the expansion of the nonconforming structure for this parcel; 17 18 WHEREAS, the Applicant seeks to allow the construction of a staircase, expanded 19 deck, and handicap ramp; 20 21 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 22 approval of this application on January 14, 2026; and 23 24 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 25 of a nonconforming structure associated with a nonconforming use is unlawful in the 26 absence of a resolution of the City Council authorizing such action upon a finding that the 27 proposed structure as expanded is equally appropriate or more appropriate to the zoning 28 district than the existing structure. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby finds that the proposed nonconforming structure as 34 expanded, will be equally appropriate to the district as is the existing structure under the 35 conditions of approval set forth herein below. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 1. All previous conditions attached to the Change in Nonconformity for the property 41 located at 514 9th Street of December 10, 2024, shall be voided and replaced with the 42 following conditions below. 43 44 2. The site shall be developed in substantial conformance to the site plan entitled "Zoning 45 Exhibit of Lot 16, Block 26," prepared by WPL, dated October 29, 2025, which has Matthew Scornovacchi Agenda Item 3 page 7 of 17 Resolution 46 been exhibited to the City Council and is on file with the Department of Planning & 47 Community Development. 48 49 3. The site shall be developed in substantial conformance to the rendering entitled 50 "RESIDENCE @ 514 9TH STREET— ELEVATION WITH STAIRS," dated December 51 10, 2025, which has been exhibited to the City Council and is on file with the 52 Department of Planning & Community Development. 53 54 4. If and when the applicant desires to construct a ramp on the site, the design of the 55 ramp shall be in substantial conformance to the rendering entitled "RESIDENCE @ 56 514 9TH STREET — ELEVATION WITH RAMP," dated December 10, 2025, which 57 has been exhibited to the City Council and is on file with the Department of Planning 58 & Development. 59 60 5. The applicant shall obtain all necessary permits and inspections from the 61 Department of Planning & Community Development Permits and Inspections 62 Division. 63 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 and Community City Attorney's Office Development CA17079 R-1 December 30, 2025 Matthew Scornovacchi Agenda Item 3 page 8 of 17 Site Layout THIS IS TO CERTIFY THAT ON SEPIFMBER 25.2025,WE SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE PROPERTY LINES OF RECORD AS SHOWN IN: THE BUILDINGS ST PROPERTY UN6� ERE AR BOW 7, E 0 VISIBLE ENCROACHMENTS OF OTHERS 14 AND THE WALLS OF TEE BUILDINGSBUIIDINGS E P ORPERIY,ARE AS SHOWN ON THISiEXCEPT AS SHOWNAND WITHIN THE SAID. OP SITE DATA WOOL SIGNED BY 1. THE PROPERTY IS CURRENTLY LEGALLY DESCRIBED AS EDT 16. IC ARNER- BLOCK 2&IUP OF SHADOW LAIN ROM PLAT RECORDED IN MR 7,P,14.N THE CLERK'S DFFXE OF THE CIRCUIT Lic. o. 2904 COURT OF THE CITY W VIRGINW REACH,VIRGINIA2. GIN:249-0.}"Ia 101291202E 3. ZONING:R-06 4. AREA OF SITE:3,0DD S0.FF.OR 0.069 KYLES �C+- 5. LW covrnAGE: o� SURD ALLOWABLE 1,2W SQ.FF.(40V POST DEVELOPMENT:1.062 50.FF.(35%) y LEGEND N' N NORTH S SOUIH QO E UST W WES P PROPERTY LINE PG. PAGE MB. MEP BOOK HVK HEATING,VENTILATING,AR-CONDI1101iItiG WIDE WOOD FENCE ftffl' RETAMNG WALL N/F NOW OR FORMERLY IN INSTRUMENT DH DRLLT FOUND HOLE I I I TELEPED TELEPHONE PEDESTAL CAN RED CABLE TELPASION PEDESTAL N/F N/F SCO SEWER CLEAN our LDIS 13 t 15 LILT 17 WM WATER METER (M.8.7,PG.14) (M.B.7,PG.14) NSM NATURAL GAS METER ,IN:2427-03-9828 GPIN:2427-03-8991 � Q BllBll I 48*WDF 1117' I APPROX.EDGE I WISILL I OF WATER) 48"WOF 8.47_ INSIDER 28 I IW��,♦K� S aro�W 48'WOF ON K '�I 48"WDF ON C CONCRETE RAW CONCRETE RIW „"j �0.21'INSIDE I DDI'INSIDE R _ CONCRETE \72'WOF W PAO ON R CK 7.90' Ptl(F)ON 0.17' 21.58 — LINE 4YlT.0V WOF HEIGHT LQT W CANOE ON R N/F /514 342' PoIEY LMNG TRUST wIDD (IN.20190500061692D) Rood 2W8 3-STORY _ STOOP (sue) w VPAMEWX WrTH _ (M.B.7,PG.14) N/F 0.27 IDING GFMN:2427-154-8070 JOH(IN.20110725000197970 LU �21W LOl 14 O 41'WDF(M.&7,PG.14) NGM ALKWAY GPIN:2427-04-9021 p WOW CII UNIT av Pell 1.11• LANDING WOOD fiMJCRFTF STOOP � 4.7h' 0.57' 13.95' .78' 0.37 f SM, HVK UNIT ON CONCRETE 7.85' PK(MNI-SPUN Mugu/51 72'WDF ON R •-git 180'TO Al. OF B4L 77C A VENUE' CONCRETE (M.B. 7, PG. 14) WMI20204586 ,`DRIVEWAY, mErtD is .. ascr. UAIV 'E. �79 gift STREET (50'PUBLIC RIGHT-OF-WAY) (FORMERLY 12TH STREET) (M.B. 7, PG. 14) ROOD NI THE PROPERTY SHOWN HEREON APPEARS TO FALL WmiIN FLOOD ZONE AE(ELEVATION 8)(BASE FLOW ELEVATIONS DETERMINED),FLOW ZONE%(AREAS OF 0.21L ANAL CHANCE FLOM AREAS OF l%ANNUAL CFVN[E FLOOD WITH AVERAGE DEPTHS OF LESS THAN I FORT OR WITH ORAIWGE ARES LESS TIM I SQUARE MILE;AND AREAS PROTECU BIT LEVEES FROM 12 ANNUAL CEASE FLOOD),AND FLOOD ZONE K(AREAS DETERMINED M BE WISIOE OF THE 0.2%ANNUAL CHANCE ROW),As SHOWN ON F.E.MA'S FLOOD INSURANCE RATE MAP(F.I.RM.)FOR THE CITY OF VIRGINIA BEACH,VIRGNK COMMUNITY PANEL NO.515531012M DATED MN4IA RY 16,2015. WPL IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON.THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECr TO FLOWING,FOR FURTHER NFORMATION,CONTACT THE LOCAL COMMUNITY FLOOD OFFCIAL THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANYIALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAD PROPERTY AS SHOWN.THIS PUT DOES NOT INTEND TO REPRESENT A SUROMSION OF LAND, �ml ZONING EXHIBIT OF meLOT 16, BLOCK 26 YAP OF SHADOW LAWN HEIGHTS PLAT RECORDED IN MAP BOOK 7,PAGE 14.IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VMGMIA BEACH, VMGMIA HYCLT781VEI.Y For 110A16:r ED' MATT 8CORNAVACCHI ii��. QrF OF 1;.IN41 BBACR.VIRGINIA 11 1104 PG.23 IPLAT.S-38 I OCTOBER 29,2025 JRT:220-0243 Matthew Scornovacchi Agenda Item 3 page 9 of 17 Renderings ------------ i i TREATED ❑❑ ❑ TREA7ED WOOD LANDING WOOD DECK AND RAILING TREATED AND RAILING WOOD LANDING AND RAILING TREATED WOOD DECK TREATED AND RAILING WOOD STEPS r i r---T' AND RAILING Fn REAR ELEVATION RIGHT SIDE ELEVATION RESIDENCE@5149THSTREET-ELEVATION WITH STAIRS SCALE,NOT TO SCALE 1210.26 Matthew Scornovacchi Agenda Item 3 page 10 of 17 Renderings with • MEE M MINE MUM I TREATED TREATED TREATED WOOD LANDING TREATED WOOD RAMP WOOD LAND AND RAILING WOOD DECK AND RAILING TREATED AND RAILING AND RAILING WOOD RAMP AND RAILING Aki TREATED 0 WOOD DECK TREATED AND RAILING WOOD RAMP AND RAILING REAR ELEVATION RIGHT SIDE ELEVATION RESCENCE 0 5119TH STREET-ELEVATION VIITH RAMP SCALE.NOT TO SCALE 12.10M Matthew Scornovacchi Agenda Item 3 page 11 of 17 Staircase • • �1 II Pz C! Matthew Scornovacchi Agenda Item 3 page 12 of 17 Deck Photos Il , N 4!/ 0iMc P. �+i g a i rAr jrr i t 11 1 F 1 u _ fit T ern a TRW r, �r .,ram..'.. .� ..g- �wx a� z.'.`_' -z ...Yr,. �- "r'•S,.+r ..w :a s ''� « ,,! x.�:^ ,� -9�.: t l rile" Matthew Scornovacchi Agenda Item 3 page 14 of 17 Disclosure StatementVIRGINIA Disclosure V-B 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 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 Matthew SCornavacchi Is Applicant also the Owner of the subject property? Yese No® If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO N,O If yes,name Representative: Wolcott Rivers Gates-Christopher Pocta Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoe if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity-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? Yes® 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 entiri and or individual) Financing(mortgage,deeds of trust, © O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor C) (D ! Disclosure Statement�I rev. May-2024 page 1 of 3 Matthew Scornovacchi Agenda Item 3 page 15 of 17 Disclosure SECTION • . -. SERVICE YES NO SERVICE PROVIDER Name entity and or individual) Accounting/Tax Return Preparation i G Architect/Designer/Landscape O O One Space Architects Brian Fentress Architect/Land Planner Construction Contractor O Tidewater Structures LLC-Wil Honeycutt Engineer/Surveyor/Agent O WPL-ERICGARNER O O WOLCOTT RIVERS GATES-Christopher Pocta Legal Services � �, _ 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. Matthew Scornavacchi 11/11/2025 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. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 2/1/2026 Alexis Bailey /1.:1;� 2/2/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Matthew Scornovacchi Agenda Item 3 page 16 of 17 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. Matthew Scornovacchi Agenda Item 3 page 17 of 17 Virginia Beach Planning Commission January 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #3 Matthew Scornavacchi Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next item on the Consent Agenda is Agenda Item 3, Matthew Scornavacchi, with Modification of Conditions for 9th Street. Is there a representative here today to speak on this item? Welcome,please state your name for the record. Mr. Pocta: Thank you. Good afternoon, Chairman Coston,Vice Chair Byler, members of the Planning Commission. My name is Chris Pocta, I'm a land use and zoning attorney with Wolcott Rivers Gates, and it's my pleasure to represent the applicant in this case, Matthew Scornavacchi. The applicant and myself appreciate being placed on the Consent Agenda and the hard work of Alexis Bailey and the planning staff, and all the conditions are agreeable. Thank you. Ms. Byler: Thank you,Attorney Pocta,you may be seated. Is there any opposition to this item being placed on the Consent Agenda? Hearing none,I've asked Commissioner Schoonover to read this item into the record. Ms. Schoonover: The applicant and property owner, Matthew Scornavacchi, is seeking a Modification of Conditions at 514 9th Street. This is a reasonable request and, seeing no opposition,the application has been placed on the Consent Agenda. (The following dialogue reflects the discussion to approve the minutes as a part 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:Agenda Items 2, 3,4, 6, 8, 9, 11, 12,and the minutes. Mr. Coston: Thank you, Vice Chair Byler. Ms. Byler: I move that these items be placed on the Consent Agenda and approved by consent. Ms. Hippen: Second. Mr. Coston: It has been moved by the Vice Chair Byler and seconded by Commissioner Hippen that these items be approved on the Consent Agenda. Clerk: The vote is open. Mr. Plumlee: I need to note, I'm abstaining, in addition to the minutes as pointed out by Commissioner Camp for the site visit in January. I am abstaining from Items 6, 9, and 12 for reasons set forth in letters that were filed with the City Attorney's office. Clerk: The vote is open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes and Items 2, 3,4,6, 8,9, 11,and 12 have been recommended for approval by consent. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Conditions 1. All previous conditions attached to the Change in Nonconformity for the property located at 514 9th Street of December 10, 2024, shall be voided and replaced with the following conditions below. 2. The site shall be developed in substantial conformance to the site plan entitled "Zoning Exhibit of Lot 16, Block 26," prepared by WPL, dated October 29, 2025, 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 rendering entitled "RESIDENCE @ 514 9T" STREET—ELEVATION WITH STAIRS," dated December 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 4. If and when the applicant desires to construct a ramp on the site, the design of the ramp shall be in substantial conformance to the rendering entitled "RESIDENCE @ 514 9TH STREET—ELEVATION WITH RAMP," dated December 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development 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. From: Brad Gribble To: Alexis Bailey Subject: 514 9th street permit Date: Wednesday,December 31,2025 12:56:54 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. Good afternoon Alexis I am the owner of 512 9th Street. I wanted to voice my support for Matthew Scomavacchi's Modification of Conditions at 514 9th street. Brad Gribble Principal Maverick Regan LLC 443-262-6554 Bradg(amaverickregan.com From: Christopher A.Pocta To: Alexis Bailev Subject: Fwd:Matthew Scornovocci Date: Wednesday,December 31,2025 1:54:20 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. Sent from my iPhone Begin forwarded message: From:NancyMinton amber<maxamber2@icloud.com> Date: December 31,2025 at 12:23:21 PM EST To: "Christopher A. Pocta" <cpocta@wolriv.com> Subject: Matthew Scornovocci Dear Alexis, My name is Nancy P Griswold. I am the homeowner of 522 9th Street,Virginia Beach,VA 23451. I would like to voice my total Support for Matthew Scornavacci's Modification of Conditions at his 514 9th Street, Virginia Beach,VA,23451, location. If you have any questions or comments for me,regarding this matter,please feel free to contact me at ph# 757-287-7073 Thank you, Sincerely, Nancy Griswold NOTICE TO THE DEBTOR: Please be advised that this law firm is a debt collector and this communication is an attempt to collect a debt.Any information obtained may be used for that purpose. NOTICE: This communication is not intended or written to be used, and cannot be used, for the purpose of(i) avoiding tax-related penalties under federal, state or local tax law or(ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. NOTICE: This message originates from the law firm of Wolcott Rivers Gates. The message and any file transmitted with it may contain confidential information which may be subject to the attorney-client privilege, or otherwise protected against unauthorized use. The information contained in this message and any file transmitted with it is transmitted in this form based on a reasonable expectation of privacy consistent with ABA Formal Opinion No. 99-413. Any disclosure, distribution, copying or use of the information by anyone other than the intended recipient, regardless of address or routing, is strictly prohibited.Please notify the sender immediately by replying to this e-mail if you have received this e-mail by mistake and delete this e-mail as well as the original email from your system.All attachments are believed to be free of viruses,but any attachments should be checked for viruses before being opened.Any views, opinions or personal messages presented in this email are solely those of the sender and are not attributable to Wolcott Rivers Gates. Wolcott Rivers Gates will not accept any liability in respect of such communication for any damages or other liability arising from such views, opinions or personal messages. IMPORTANT: You may opt out of receiving further email communications from Wolcott Rivers to this email address by replying with an email message that has the word `stop' in the subject line. From: Bob Rahmes To: Alexis Bailey Subject: Matthew Scornavacchi Modification of Conditions Date: Sunday,January 4,2026 11:35:30 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. My name is Robert Rahmes. I am the owner of the property at 513 9th Street. I am responding to your letter regarding the above-referenced application. I do not know the details of the original application but I support Mr. Scornavacchi's Modification of Conditions. They are an attractive addition to his property and the neighborhood in general. Sent from my Galaxy From: Natalya Lemke To: Alexis Bailev Subject: Matthew Scornavacchi Modification of Condtion Date: Sunday,January 4,2026 2:37:30 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. My name is Natalya Lemke.I live at 508 Ninth St,Virginia Beach VA 23451.I'm writing to support Matthew Scornvacchi modification conditions. Asa his neighbor I think that it is excellent condition to his property and it improved the neighborhood. N Lemke Sent from my iPhone t, OR(STR-OR} t C)R(ST6 -C)R) 1 1 i ® site Star of the Sea Catholic Church/Catholic Diocese of Richmond U E= Zoning 1500 Pacific Avenue 0 Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 1/16/2026 ,r�...r:.;�. L �Y r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STAR OF THE SEA CATHOLIC CHURCH/CATHOLIC DIOCESE OF RICHMOND [Applicant] CATHOLIC DIOCESE OF RICHMOND [Property Owner] Modification of Conditions to a Conditional Use Permit(Commercial Parking Lot/Church Parking Lot) for the property located at 1500 Pacific Avenue (GPIN 2427166403). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: February 17, 2026 ■ Background: The applicant is seeking a Modification of Conditions to a Conditional Use Permit for a Commercial Parking Lot/Church Parking Lot at 1500 Pacific Avenue to permit perimeter fencing around the 0.97 acre OR zoned parcel. The site is located within the AICUZ 65-70 dB DNL and the Resort Area Strategic Growth Area. The applicant is requesting a deviation to the fence height limitation in the Oceanfront Resort District Form-Based Code Section 3.2.4 and City Code Section 23-58 to permit a six-foot tall fence around the perimeter of the parking lot. All existing landscaping will remain, and no new landscaping is proposed. ■ Considerations: The proposed plans will improve the appearance of the property by replacing the existing chain link fence with a maintenance-free perimeter fence. The height deviation is requested due to safety concerns for the students at the adjacent Star of the Sea Catholic School, who use the property as a play/recess area when the commercial parking lot is not in operation. Condition 9 is recommended to ensure the site does not operate as a commercial parking lot during school hours. 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 and a letter of support was received from the Resort Area Advisory Commission's Planning Design Review Committee. ■ Recommendation: On January 14, 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. All previous conditions attached to the Conditional Use Permit approval of August 14, 2001 shall be voided and replaced with the following conditions below. Star of the Sea Catholic Church/Catholic Diocese of Richmond Page 2 of 3 2. Development of the parking lot shall adhere to the requirements of the Site Plan Ordinance, Appendix C of the City Code and Section 23-58 of the City Code. 3. The fence location shall be in substantial conformance to the exhibit entitled "STAR OF THE SEA CATHOLIC CHURCH", dated 12/19/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The lot shall be screened by landscaping meeting the requirements of the City's parking lot landscaping specifications and standards pertaining to perimeter screening. 5. Prior to the approval of any fence permits, the location of the fence shall be reviewed by the Public Works department to ensure compliance with the Public Works Design Standards Manual pertaining to sight distance at intersections. 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development. 7. The existing "Beach Parking" sign near the entrance on Pacific Avenue shall be removed and/or relocated to meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation or relocation of any new signage. 8. The attendant station shall be located at least 50 feet back from Pacific Avenue in order to reduce the stacking of motor vehicles onto Pacific Avenue. 9. The use of the property as a Commercial Parking Lot shall not be permitted during the hours of school operation on the adjacent property at 309 15th Street, nor within 15 minutes preceding and following the same. A copy of the Star of the Sea school calendar shall be maintained and made available to the Zoning division on request. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support from the Resort Advisory Commission's Planning Design Review Committee Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. (-- Submitting Department/Agency: Planning Department Star of the Sea Catholic Church/Catholic Diocese of Richmond Page 3 of 3 City Manager: AV Agenda Item 4 Applicant: Star of the Sea Catholic Church/Catholic Diocese of Richmond Property •wner: Catholic Diocese of • • V_B ' • • ' • 1 CouncilCity • Project Details Request Modification of Conditions (Commercial Parking Lot/church parking lot) ! 1 Staff Recommendation !`�al`13— T # gT - C Approval Staff Planner Kara McLanet AGE Location 1500 Pacific AvenuegT GP/N CookYEkna ,s�H c '<'�Ti'P`�k ` T 2427166403 ���� n L L-` 1 t Site Size � T .��J� 0.967 acres A/CUZ 65-70 dB DNL; Sub-Area 1 } Watershed Atlantic Ocean .p , Existing Land Use and Zoning District �6j"Et Commercial parking lot, religious use/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 16th Street m t Retail/OR Oceanfront Resort South 15th Street - Religious use/OR Oceanfront Resort East ' a Pacific Avenue Retail, outdoor recreation facility/OR Oceanfront Resort West Religious use/OR Oceanfront Resort Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 1 of 14 Background SummaryofProposal • The site is located within the Resort Area Strategic Growth Area (SGA) and the AICUZ 65-70 dB Noise Zone, Sub-area 1. • The applicant seeks a Modification of Conditions to allow for the construction of a six-foot tall fence on this 0.97-acre Oceanfront Resort District zoned parcel. • On August 14, 2001, the City Council approved a Conditional Use Permit for a Commercial Parking Lot/ Church Parking Lot. The approval conditioned the use of landscaping in place of fencing around the perimeter of the parking lot. Additionally, the Oceanfront Resort District Form Based Code limits the fence height to 4 feet within 5 feet of the public right-of-way. As such, the subject modification is required to construct the six-foot tall fence around the perimeter of the property. • The subject property has several Religious Use-related Conditional Use Permits, granted in 1995, 2001, and 2004. In addition to its use as a commercial parking lot, the applicant uses the parking lot as a play/recess area for students of the adjacent Star of the Sea Catholic School. Following a security incident that occurred while students were playing outside,the applicant was advised by the Virginia Beach Police Department to increase the height of the existing fence to six feet. • The applicant has confirmed that the property is not used as a commercial parking lot during the hours of operation of the neighboring school. • The concept renderings, included on Page 9 of the report, display a maintenance-free, black aluminum fence. • All existing landscaping will be retained, and no new landscaping is proposed. Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 2 of 14 Zoning History Map Key No. -Request CUP(Short-Term Rental) Approved 16t+sz 1 03/02/2022 OR(STR-0R) 2 CUP(Short-Term Rental) Approved 06/01/2021 CUP(Church and related accessory 9 4 uses) Approved 11/09/2004 �, oR(STR-OR)% oR(sTROR) 3 CRZ(A-12 and R-SS Districts to Conditional RT-3 District) Approved 11/09/2004 t MDC(Hours of operation for outdoor recreation facility) Approved 15SH5� 4 08/14/2001 CUP(Outdoor recreation facility) Approved 04/11/2000 5 CUP(Commercial/church parking lot) Approved 08/14/2001 6 CUP(Church/school expansion) Approved 04/12/1995 7 CUP(Church (addition))Approved 04/12/1994 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 Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 3 of 14 Evaluation • • • The proposed Modification of Conditions is, in Staff's opinion, acceptable.The property is located in the Resort Area SGA, which calls for fences to be complementary to building design, and discourages the use of stockade or chain link fences. The vision for this area is to provide safe and comfortable places for residents and visitors, retain the feel of an oceanside resort with a sense of community, and preserve the feeling of Virginia Beach identity, culture, and history through art and design. This proposal will remove the existing chain link fence and replace it with a high-quality, albeit taller, alternative. While fences taller than four feet in height are not permitted within the street setback zone, the applicant is requesting a deviation from this height requirement due to safety concerns for the students at the adjacent Star of the Sea Catholic School. Staff finds this request to be in keeping with the goal of the Resort SGA to provide safe and comfortable places for residents and finds the proposed change in materials to be more in keeping with the design goals of the Comprehensive Plan and the Oceanfront Resort Form-Based Code. The location of the fence will be in the same footprint as the previous fence, except for the corner at the intersection of Pacific Avenue and 161h Street, which will be chamfered in accordance with the Public Works Design Standards pertaining to sight distance at intersections. All existing landscaping is proposed to remain. Staff recommends a condition limiting the commercial parking lot's hours of operation to prevent overlap with the use of the lot as a play/recess area. Given these considerations, staff finds the proposed Modification of Conditions to better align the subject site with the City's vision for the Resort Area Strategic Growth Area. Recommended Conditions for Modification of Conditions (MDC) 1. All previous conditions attached to the Conditional Use Permit approval of August 14, 2001 shall be voided and replaced with the following conditions below. 2. Development of the parking lot shall adhere to the requirements of the Site Plan Ordinance, Appendix C of the City Code and Section 23-58 of the City Code. 3. The fence location shall be in substantial conformance to the exhibit entitled "STAR OF THE SEA CATHOLIC CHURCH", dated 12/19/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The lot shall be screened by landscaping meeting the requirements of the City's parking lot landscaping specifications and standards pertaining to perimeter screening. 5. Prior to the approval of any fence permits, the location of the fence shall be reviewed by the Public Works department to ensure compliance with the Public Works Design Standards Manual pertaining to sight distance at intersections. Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 4 of 14 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development. 7. The existing "Beach Parking" sign near the entrance on Pacific Avenue shall be removed and/or relocated to meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation or relocation of any new signage. 8. The attendant station shall be located at least 50 feet back from Pacific Avenue in order to reduce the stacking of motor vehicles onto Pacific Avenue. 9. The use of the property as a Commercial Parking Lot shall not be permitted during the hours of school operation on the adjacent property at 309 151h Street, nor within 15 minutes preceding and following the same. A copy of the Star of the Sea school calendar shall be maintained and made available to the Zoning division on request. 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 • •ns from 2001 • . • Permit1. Development of the parking lot shall adhere to the requirements of the Site Plan Ordinance, Appendix C of the City Code and Section 23-58 of the City Code, except that in lieu of fencing as provided for as an alternative under Section 23-58(f)(2), the lot shall be screened by landscaping meeting the requirements of the City's parking lot landscaping specifications and standards pertaining to perimeter screening and that in lieu of a gravel surface the entire area to be used for parking shall be paved and improved to meet ordinance requirements and City Standards.The area may not be used for a commercial parking lot until all improvements required by Section 23-58 and as modified by the conditions of this use permit are installed. 2. The attendant station shall be located at least 50 feet back from Pacific Avenue in order to reduce the stacking of motor vehicles on to Pacific Avenue. 3. Any sign shall meet the provisions of Section 23-58(g) and shall be approved by the Director of Planning or his designee prior to being granted a permit. Star of the Sea Catholic Church/Catholic Diocese 11 of 11 Ri 11 chmond Agenda Item 4 page 5 of 14 Comprehensive Plan Information The Comprehensive Plan identifies the subject property as part of the Resort Area Strategic Growth Area (SGA), providing a more detailed vision for future land use and development in this area via the Resort Area Strategic Action Plan (RASAP).The goals of the Resort Area are to provide safe and comfortable places for residents and visitors, retain the feel of an oceanside resort with a sense of community, and preserve the feeling of Virginia Beach identity, culture, and history through art and design. (p. 5, RASAP) "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. (p. B-2, Reference Handbook) Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There are no known historic or cultural resources that will be affected by this project. Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 6 of 14 Public Outreach Information Planning Commission • The applicant/applicant's representative met with the Resort Advisory Commission Planning Design Review Committee December 2, 2025 to discuss the details of the request. A letter of support as provided to Staff by the committee as a result of this meeting. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 15, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 31, 2025 and January 7, 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 December 29, 2025. • 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 January 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, February 3, 2026 and February 10, 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 February 2, 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 February 13, 2026. Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 7 of 14 Proposed • • j c 6-foot tall aluminum fence IL !b� 01 .a i I , c � Y � � 33•,S I � `t s � Jj_ ;�pt - s: - �I� •� �� /�� � Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 8 of 14 Proposed n .k. x N- < u.� k. r, Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 9 of 14 Site • • w E # r � 4 � s �> h t. #C .�. tea• � I e f z Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 10 of 14 Disclosure VB s l Disclosure Statement rs The disclosures contained in this form are necessary to inform public affrcials who may ante on the application as to whether they hove o conflict of interest under Virginia tow.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, APPLICANTSECTION 1: APPLICANT INFORMATION Applicant Name: Star of the Sea Catholic;Church/Catholic Diocese of Richmond as listen'on application Is Applicant also the Owner of the subject property? VesQ Moo If no,property owner must complete 51:C TIO�NN 2:PROPERTY OWNER Dl5CLOSURE(,page 3). Does Applicant have a Representative?Yes�,,r Moo If yes,name Representative. James Marlin Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNoE) If yes,list the names of all officers,directors,members,or trustees belowrAND businesses that have a pa+ent subsidiary I or red business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No e 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 he subject land or any proposed development contingent on the subject public action? Yesu Mo dF yes,nonce the qpciol or employee,and describe the nature of their interest, ,APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services ore 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 indiveduol Financing(mortgage,deeds of trust, o f., cross-vollaterakation,etc. E) Real Estate Brotcer/ enQ/Realtor 0 Q Disclosure Statement I rev, May-2024 page Y of 3 u4 Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 11 of 14 APPLICANTDisclosure Statement SECTION 1'. continued SERVICE YES NO SERVICE PROVIDER Ate aaxratiat fax Hetrarn t're -anon 0 01 Arctrittfbesi�rsetfLaata�stape � Architettd'`t."Planner 0 ��) Coastrurtion Contractor 0 Engineer/Surveyor/Agent 0 g le l Services 0 APPLICANT CERTIFICATION Rl<AD:I certify that all information contained in this Forger is complete,true,and a arrarr+e.r undentand that upon receipt of notification that the application has been scheduled for pubic heorh,%I arm responsible for updating the information provided herein three weeks pricer to the meeting of Plonnrng comrniss,on, City Council,VSDA,CBPA, Wetlands Bogard or any public body or committee in connectmn with this application. .lames Martin �t-ft d9tj� �riJrl+ 1 c„�... '1Qi91W25J Applirant Name(Print) A ph rrt Signature Date t Parent-subsidiary relationship"rrrerns'a relationship thot exists when one corporation directiyor Indirectly owns shares possessing more than 50 percent of the voting power of another corporaation."Sea= State and Loco?government C'asnflict of Interests Act,VA,Code§2,2-3101. 'Affiliated business entity relationship"meons°'a relationship,other than parrent�subsidiary relationship, that exists when(1)agree busincsw entity has u controlling ownership Interest+rr the other business earthy,(4l ca controlling owner in one entity is also a contraffing owner in the other entit)4 or fill)there is shared management or control between the business entities.Factors thol should be considered in determining the exlsterce of on affifiolea baldness entitytehrtionship include that the tome persaan tarsubstontially the same person own of roonoge tee two entities,there orw common or c orri Ingled funds or assets;the business entities share the use of the same affix°es or employees or otherwise ihore activities,resources or personnel on a regaai rr!.rods;of there is otherwise o close woAing rehrtfoaship between the entities.'See State and Local G nTrnrr ent Craraflirt of lntvrest,s Art„Vag Code 2- 101, FOR CITY USE ONLY, No changes as of(date): Kara McLane 2,412026 Staff Name(Print) Staff Sa aatrart* Date Mckmov nt I rtv, May-2024 cage 2 s*r 3, Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 12 of 14 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Catholic blot ese of Richmond Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YeGNcM If yes,list the names of all officers.directors,members,or trustees below AND businesses that have a parent-subsidiary rot a iliated business entity'relationship with the applicant.(Attach list 1 necessar .) Does the subject property have a proposed or pending purchaser? Yeses No[ij 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 Imid or arty proposed development contingent an the subject public action? Yes (') Na® !F yes name the a clal or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE HEAD.,Vw[owner must certify whether the following services ore being provided in connection to the subject application ar any business operating or to be operated on the property.7"he name of the entity or individual providing such services must be Identified.(Attodr list If necessary.) SERVICE 'YES NO SERVICE PROVIDER__.___ _ Nome entity and or individuar Financing(mortgage,deeds of trust, cross-collateralization,etc.) Real Estate Broker/Agentjitealtor rg C(ose Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Constmction Contractor En&ixneer/Surveyor/AS�nt y rat Legal Services 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 OCoun 7 V8DA CBPA Wetlands Board or any public body or committee In connection with this application. M r_'eQU4 [rAVrq C. 14416ttut ,. Irtt*np Of ifib t difftalid noC �'ckrtt 9 n 7 1 I !+► Property owner Name(Print) Prorlehy Owner signature Date bbdcirrc Stetement I rev. M a y-?0?4 page 3 of 3 Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 13 of 14 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. Star of the Sea Catholic Church/Catholic Diocese of Richmond Agenda Item 4 page 14 of 14 Virginia Beach Planning Commission January 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #4 Star of the Sea Catholic Church/Catholic Diocese of Richmond Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is Agenda Item 4, Star of the Sea Catholic Church. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Mr. Martin: Thank you. James Martin, I work at Star of the Sea Catholic Church and School. I'm the facility manager. Ms.Byler: Thank you. Are the conditions acceptable to you? Mr. Martin: Yes. Ms. Byler: Thank you, you may be seated. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Cuellar to read this item into the record. Ms. Cuellar: Thank you very much. The applicant, Star of the Sea Catholic Church/Catholic Diocese of Richmond, is seeking a Modification of Conditions to allow for the construction of a six-foot-tall fence on this 0.97-acre Oceanfront Resort District zoned parcel. The concept renderings in the report display a maintenance-free,black aluminum fence. Having no opposition with a favorable staff report,the commission has decided to put this on the Consent Agenda. (The following dialogue reflects the discussion to approve the minutes 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:Agenda Items 2, 3,4, 6, 8, 9, 11, 12,and the minutes. Mr. Coston: Thank you, Vice Chair Byler. Ms.Byler: I move that these items be placed on the Consent Agenda and approved by consent. Ms. Hippen: Second. Mr. Coston: It has been moved by the Vice Chair Byler and seconded by Commissioner Hippen that these items be approved on the Consent Agenda. Clerk: The vote is open. Mr. Plumlee: I need to note, I'm abstaining, in addition to the minutes as pointed out by Commissioner Camp for the site visit in January. I am abstaining from Items 6, 9, and 12 for reasons set forth in letters that were filed with the City Attorney's office. Clerk: The vote is open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes and Items 2,3,4,6, 8,9, 11,and 12 have been recommended for approval by consent. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Conditions 1. All previous conditions attached to the Conditional Use Permit approval of August 14, 2001 shall be voided and replaced with the following conditions below. 2. Development of the parking lot shall adhere to the requirements of the Site Plan Ordinance, Appendix C of the City Code and Section 23-58 of the City Code. 3. The fence location shall be in substantial conformance to the exhibit entitled "STAR OF THE SEA CATHOLIC CHURCH", dated 12/19/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The lot shall be screened by landscaping meeting the requirements of the City's parking lot landscaping specifications and standards pertaining to perimeter screening. 5. Prior to the approval of any fence permits, the location of the fence shall be reviewed by the Public Works department to ensure compliance with the Public Works Design Standards Manual pertaining to sight distance at intersections. 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development. 7. The existing "Beach Parking" sign near the entrance on Pacific Avenue shall be removed and/or relocated to meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation or relocation of any new signage. 8. The attendant station shall be located at least 50 feet back from Pacific Avenue in order to reduce the stacking of motor vehicles onto Pacific Avenue. 9. The use of the property as a Commercial Parking Lot shall not be permitted during the hours of school operation on the adjacent property at 309 15th Street, nor within 15 minutes preceding and following the same. A copy of the Star of the Sea school calendar shall be maintained and made available to the Zoning division on request. 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. virginia beach Planning, and Design Review Committee December DAY, 2025 Members of the Virgina Beach Planning Commission Members of Virginia Beach City Council Re: Request for a fence permit - Star of The Sea Catholic Church The Resort Advisory Commission's Planning and Design Review Subcommittee (PDRC) review and provide recommendations to the applicant for their request for a fence permit at the Star of The Sea Catholic Church located at 1404 Pacific Avenue, Virginia Beach, VA 23451. During the review, several comments and recommendations were provided to the applicant. These recommendations are summarized below: PDRC Recommendations 1. PDRC's recommendation of approval is tied specifically to the existing land use as Star of the Sea Church and does not run with the parcel. 2. PDRC's recommendation of approval is not transferable to any new or future use of the property. 3. PDRC recommends that all screening hedging should be maintained as a continuous, linear hedge rather than as individually pruned shrubs. Sincerely, William D. Almond, FASLA Chair, RAC Planning and Design Review 600 21„�,Street,2,1 Floor,Virginia Beach, VA 234S Phone (757) 385-4800 1 Fax(757)422-3666 1 Website: www.visitvirginiabeach.com � i Oo rO 24 'A O R15 �SNFt,O vy0�- ® site Patrick & Joye Patzer ® Zoning 901 First Colonial Road 0 Property Polygons s Feet 0 5 10 20 30 40 Map created by Planning Department on 1/16/2026 xu IVS,yaw yyA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PATRICK & JOYE PATZER [Applicants & Property Owners] Conditional Rezoning (0-2 Office District to Conditional B-2 Community Business District) for the property located at 901 First Colonial Road (GPIN 2408608397). COUNCIL DISTRICT 6 (Remick) MEETING DATE: February 17, 2026 ■ Background: The applicant is requesting to conditionally rezone this 12,031 square-foot parcel from 0-2 to Conditional B-2 to allow the continued operation of a retail store. The subject site was previously occupied by a chiropractic office operated by the property owners. In 2025, the owners retired and closed the office, after which the property was leased for retail use; more specifically, a balloon shop. Since retail uses are not permitted in the 0-2 Office District, the business operator was informed that a business license could not be issued. This Conditional Rezoning application was submitted by the property owner to bring the use into compliance. There are no changes proposed to the site with this request. ■ Considerations: This section of First Colonial Road includes a variety of zoning classifications, including existing B-2 zoning to the north and south of the subject property. Since the site is located in the greater than 75 dB DNL noise zone, the proffered allowable uses are limited to those that are permitted in the B-2 Community Business District and compatible within the greater than 75 dB DNL noise contour as detailed in Article 18 of the Zoning Ordinance. In addition to being compatible with the AICUZ overlay, the proposed uses are appropriate for the site's location at the corner of First Colonial Road and Wolfsnare Road. The B-2 district not only provides an opportunity for the current business to operate, but also allows for other neighborhood-serving commercial uses in the future. This is in keeping with the land use recommendation of the Comprehensive Plan as well as neighboring zoning along First Colonial Road. 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. Patrick &Joye Patzer Page 2 of 2 ■ Recommendation: On January 14, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0 with 1 abstention. Proffer 1 The uses permitted on the Property shall be restricted to those uses permitted in the B2 zoning district. Proffer 2 Notwithstanding the foregoing, the Property shall not be used for any land use designated as not compatible in the >75 dB Air Installations Compatible Use Zone in Article 18 of the City of Virginia Beach Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda ApplicantProperty • Patrick &JoyePatzerVi ' • • ' • 1 • Council1 City • Project Details Request Conditional Rezoning (0-2 Office District to _ Conditional B-2 Community Business District) i 3 f Staff Recommendation Approval - _ a ,Z . 4401 Staff Planner Michael Hayes -� >� p �R15,,�, o M1 111 }� aP`t„ti Location WOI -F"Apt RQ �lJ 901 First Colonial Road GPIN :- 2408608397 ^ - o,0 Site size4`t`N P �E tEY i""vE l r 12,031 square feet �`'� AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office/ 0-2 Office Surrounding Land Uses and Zoning Districts North Office/ B-2 Community Business South Wolfsnare Road Convenience Store/ B-2 Community Business East First Colonial Road Housing for seniors/ R-15 Residential West Single-family dwelling/ R-15 Residential Patrick&Joye Patzer Agenda Item 6 page 1 of 10 Background SummaryofProposal • The applicant is requesting a Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District to operate a retail store on this 12,031 square foot parcel. • The subject site was previously occupied by a chiropractic office operated by the property owners. In 2025, the owners retired and closed the office, after which the property was leased for retail use; more specifically, a balloon shop. Since retail uses are not permitted in the 0-2 Office District, the business operator was informed that a business license could not be issued. This Conditional Rezoning application has been submitted by the property owner to bring the use into compliance. • Since the property is located in the greater than 75 dB DNL noise zone, the applicant, through the proffer agreement, has limited the allowable uses to those that are permitted in the B-2 Community Business District and compatible within the greater than 75 dB DNL noise level contour as detailed in Article 18 of the Zoning Ordinance. • Proposed hours of operation for the balloon decor business are 9:00 a.m. to 5:00 p.m., Monday through Friday. • There are no physical changes to the site proposed with this request. Patrick&Joye Patzer Agenda Item 6 page 2 of 10 Zoning History No Zoning History to Report B2 �O ;ro 2 'Aa iO R45 r VJo`�SNPR�RO E2 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, this request for a Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District is acceptable. This section of First Colonial Road includes a variety of zoning classifications, including existing B-2 zoning to the north and south of the subject property. As stated previously, there are no changes to the site proposed with this request. However, the applicant has proffered a limitation on the allowable uses in order to align with the AICUZ overlay regulations. The proposed limited uses are not only compatible with the AICUZ overlay but also appropriate for the site's location at the corner of First Colonial Road and Wolfsnare Road. B-2 commercial uses not only provide an opportunity for the current business to operate but also allow for other commercial uses in the future that could serve the neighboring community.This is in keeping with the land use recommendation of the Comprehensive Plan as well as neighboring zoning along First Colonial Road. Based on these considerations, Staff recommends approval of this application, subject to the proffers listed below. Patrick&Joye Patzer Agenda Item 6 page 3 of 10 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 uses permitted on the Property shall be restricted to those uses permitted in the B2 zoning district. Proffer Notwithstanding the foregoing, the Property shall not be used for any land use designated as not compatible in the >75 dB Air Installations Compatible Use Zone in Article 18 of the City of Virginia Beach Zoning Ordinance. 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 site is located within the Suburban Area and within the First Colonial Medical Corridor Suburban Focus Area (SFA). A "primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future" (p. 1-60, Comp Plan Policy Document) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Patrick&Joye Patzer Agenda Item 6 page 4 of 10 Traffic Impacts/Trans0drtation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic First Colonial Road 40,800 ADT' 34,800 ADT 1(LOS 4 Existing Land Use Z-68 ADT „ D ) Proposed Zoning a-165 ADT Existing Land Use Z-68 ADT Wolfsnare Road 7,200 ADT' 8,700 ADT1(LOS 4 "D") Proposed Zoning a-165 ADT 'Average Daily Trips 'As defined by an 'As defined by a 4LOS= Level of 2,000 SF Medical 2,000 SF of General Service Office Retail Master Transportation Plan(MTP)and Capital Improvement Program(CIP) First Colonial Road, in the vicinity of this application, is considered a four-lane divided major urban arterial.The existing infrastructure currently resides in a 90-foot right-of-way.The MTP proposes a four-lane facility within a 145-foot right-of-way.There are currently no CIP Projects slated for this segment of the roadway. Wolfsnare Road is a two-lane collector roadway. Active Transportation Plan The Active Transportation Plan proposes a Shared Use Path on First Colonial Road and a Bike Lane on Wolfsnare Road. However, due to the scope of this project, namely that the applicant is occupying an existing building on the site and no exterior improvements are proposed, staff is not requiring the applicant to complete improvements. ImpactsPublic Utility Water&Sewer The site currently connects to city water and sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 15, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 31, 2025 and January 7, 2026. Patrick&Joye Patzer Agenda Item 6 page 5 of 10 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 29, 2025. • 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 January 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, February 3, 2026 and February 10, 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 February 2, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.vir.iniabeach.gov/city-council on February 13, 2026. Patrick&Joye Patzer Agenda Item 6 page 6 of 10 .x x 2 Maw F Iy 4� 5 4 f/� d 49 14 cs � KNk','� FEW t eta '' Patrick&Joye Patzer Agenda Item 6 page 7 of 10 Disclosure Disclosure VIRGINIA oDisclosure 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 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,commissions,or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATIPN Applicant Name: as listed on application 1 UL Is Applicant also the Owner of the subject property? Yes No0 If no,Property Owner must complete SECTION .PROPERTYOWIy>;Jt DISCLOSURE(page 3). is Does Applicant have a Representative?Yes No (d}�J pp reo)8 ra•k if yes,name Representative: ��/gip •, t.�;j(`a y tpru s`r eta PC Is Applicant a corporation,partnership,firm,buslness,tr or unincorporate business? Yes }.,ot�sl/C if yes,list the names of all officers,directors,members,or trustees below AND businesses(hat have a parent-subsidiary r or affiliated business entity°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 inte est In he!Vbject land or any proposed development contingent on the subject public action?Yes No If yes,name the official or employee,and describe the nature of their Interest. APPLICANT SERVICES DISCLOSURE READ.,The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be Identified.(Attach list ff necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or Individual Financing(mortgage,deeds of trust, O cross•collaterallzation,etc. Real Estate Broker/Agent/Realtor Disclosure Statement I rev.May-2024 page t of 3 Patrick&Joye Patzer Agenda Item 6 page 8 of 10 Patrick&Joye Patzer Agenda Item 6 page 8 of 10 Disclosure Disclosure Statement SECTION 1:APPLICANT DISCLOSURE continited SERVICE YES NO SERVICE PROVIDER Name entity and or Individual Accoueeparation 01 Architect/Designer/Landscape O l "In/Tax Rturn Pr Architect/Land Planner Construction Contractor 8/ Engineer/Surveyor/Agent Legal Services APPLICANT CERTIFICATION /'OO C to k Ce nG READ:I certify that all information contained In this Form Is complete,#ue,and accurote..i understand that, i upon receipt of notification that the application has been scheduled for public hearing,I pm responslble for updating the Information provided herein three weeks prior to the meeting of Planning Commission,City Cour�ell,�b� A,CBPA,W/etlanoard or any pubf/c body or committee In connection with this application. 11 31 App nt Name(Print) App(cant Ignature Date "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 ihterests Act VA.Code§2.1-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(1)one business entity has a controlling ownership Interest in the other business entity,(fl) a controlling owner In one entity 1s also a controlling owner In the other entity,or(AI)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(hat the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entitles 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,Vo.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 1127/2026 Alexis N Bailey — St�fSlgnature(r///1'ki/ 1/27/2026 Date DI'dosure Statement I rev.May-2024 page 2 of g Patrick&Joye Patzer Agenda Item 6 page 9 of 10 Patrick&Joye Patzer Agenda Item 6 page 9 of 10 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Patrick&Joye Patzer Agenda Item 6 page 10 of 10 PATRICK R. PATZER and JOYE S. PATZER,husband and wife TO(PROFFERED COVENANTS, RESTRICTIONS, AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made as of the 1XIday of b2Cet b&' , 202,5 by and between PATRICK R. PATZER and JOYS S. PATZER, husband and wife, GRANTOR and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, WITNESSETH; WHEREAS, the Grantor is the owner of a certain parcel of land known as 901 First Colonial Road, Virginia Beach, VA 23451, GPIN (Parcel ID) 24086083970000, and more fully described on "Schedule A"attached hereto and incorporated herein(the"Property") WHEREAS, Grantor proposes this Proffer Agreement with the City of Virginia Beach (the "Proffer Agreement"), insofar as it relates to the proposed Conditional Rezoning of the Property from 02 to Conditional 132; and WHEREAS, Grantor desires that a written instrument be 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 ordinance or resolution adopted by the governing body of the Grantee, after 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 Grantor, 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 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 these 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 Grantor, their heirs, personal representatives, assigns,grantees and other successors in interest or title, namely: GPIN (Parcel ID)24086083970000 Prepared by: David B. Oakley, Esq., VSB #72226 Poole Brooke Plutnlee PC 4705 Columbus Street, Ste. 100 Virginia Beach, VA 23451 1. The uses permitted on the Property shall be restricted to those uses permitted in the B2 zoning district, 2. Notwithstanding the foregoing, the Property shall not be used for any land use designated as not compatible in the>75 dB Air Installations Compatible Use Zone in Article 18 of the City of Virginia Beach Zoning Ordinance. Further conditions may be required by the Grantor for compliance with applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Except as stated herein, all other stipulations of the Proffer Agreement shall remain unaffected as to Grantor and the Property. 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 this date this Agreement is approved by the Grantee. The Grantor covenant and agree 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 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 delay the issuance of any 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 Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4) the Zoning Map show by appropriate symbol on the map existence of condition attaching to the zoning of the subject Property 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 ill the Planning Department 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 Grantor and Grantee. SIGNATURES BEGIN ON THE FOLLOWING PAGE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 SCHEDULE A PROPERTY DESCRIPTION ALL THAT certain lot, piece or parcel of land, known, numbered and designated as Site A-1 on that plat entitled, "Property of O.L. Harcum—Located Near Oceana—Princess Anne Co., Virginia" and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 39, at Page 18. There is excepted, however, from said conveyance that portion of said property conveyed to the City of Virginia Beach, by deed dated January 24, 1975 and recorded in the aforesaid Clerk's Office in Deed Book 1471, at Page 205. IT BEING a part of the same property conveyed to the Grantor herein by deed from Keith E. Meyerhoffer dated June 15, 2004 and duly of record in the aforesaid Clerk's Office as Instrument Number 200407120106593. GPIN (Parcel ID) 24086083970000 4 WITNESS THE FOLLOWING SIGNATURE AND SEAL. LISA MICHE HLLE OLLOMAN i( NOTARY PUBLIC y (SEAL) Commonwealth of Virginia Reg.#7667375 PATRICK R. PATZER My Commission Expires 10!31;2027 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this b day of bece t 20Zby Patrick R. Patzer. &� Notary Public My commission expires: 10) 3112 1 LISA MICHELLE HOLLOMAN NOTARY PUBLIC ) Commonwealth of Virginia Reg.#7667375 4JE ATZER My Commission Expires 10/31/2027 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: .v The foregoing instrument was acknowledged before me this 10 day of Cet>rl 20Zby Joy S. Patzer. ZJA Notary Public My commission expires: �b� 4jl�2.'? Virginia Beach Planning Commission January 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #6 Patrick & Joye Patzer Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is Agenda Item 6, Patrick and Joye Patzer, regarding conditional rezoning on First Colonial Road. Is there a representative here today to speak on this item? Mr. Dylan: Morning, Madam Vice Chair. George Dylan, attorney for the applicants, Dr. Patzer and Ms. Joyce Patzer. We want to thank the commission for placing this on the Consent Agenda, and my clients accept the proffers as placed in the application and the staff report. Ms. Byler: Thank you. You may be seated. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Mauch to read this item into the record. Mr. Mauch: The applicant is requesting a Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District to operate a retail store. In Staffs opinion, and the Planning Commission's opinion, we have not heard any opposition, and we have placed it on the Consent Agenda. (The following dialogue reflects the discussion to approve the minutes as a part 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: Agenda Items 2, 3,4, 6, 8, 9, 11, 12, and the minutes. Mr. Coston: Thank you, Vice Chair Byler. Ms.Byler: I move that these items be placed on the Consent Agenda and approved by consent. Ms. Hippen: Second. Mr. Coston: It has been moved by the Vice Chair Byler and seconded by Commissioner Hippen that these items be approved on the Consent Agenda. Clerk: The vote is open. Mr. Plumlee: I need to note, I'm abstaining, in addition to the minutes as pointed out by Commissioner Camp for the site visit in January. I am abstaining from Items 6, 9, and 12 for reasons set forth in letters that were filed with the City Attorney's office. Clerk: The vote is open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes and Items 2, 3,4,6, 8,9, 11,and 12 have been recommended for approval by consent. Vote Tall Commission Member AYE 10 NAY 0 ABS 1 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Proffers Proffer 1 The uses permitted on the Property shall be restricted to those uses permitted in the B2 zoning district. Proffer Notwithstanding the foregoing,the Property shall not be used for any land use designated as not compatible in the >75 dB Air Installations Compatible Use Zone in Article 18 of the City of Virginia Beach Zoning Ordinance. 1. .. ... .7" ol tlt ol oe S ORIOLE CIR 0 Site BIVI/Padel, LLC Zoning 941 Laskin Road Property Polygons Feet 0 40 80 160 240 320 Map created by Planning Department on 1/16/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BIVI/PADEL, LLC [Applicant] LASKIN ROAD ASSOCIATES, LP [Property Owner] Conditional Use Permit (Indoor Recreational Facility) for the property located at 941 Laskin Road (GPIN 2418716272). COUNCIL DISTRICT 6 (Remick) MEETING DATE: February 17, 2026 ■ Background: The applicant is requesting a Conditional Use Permit to operate an Indoor Recreational Facility on an approximately 4.1-acre parcel in the B-2 Community Business District. More specifically, the applicant proposes to repurpose the existing vacant movie theater 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. The facility will contain seven padel courts, one pickleball court, and associated facilities, to include locker rooms. Additionally, an 8,200 square foot restaurant, which is a use permitted by-right in the B-2 Community Business District, is proposed in the northeastern corner of the property. A total of 165 parking spaces are required for the proposed indoor recreational facility and an additional 82 spaces for the restaurant, for a total of 247 required spaces for the entire site. The applicant submitted a parking study to reduce the required parking for the recreational facility to 5 spaces per court for a total of 40 spaces, bringing the overall requirement for the site to 122 spaces. The parking study and reduction were reviewed and approved by the Zoning Administrator, and a total of 176 parking spaces are proposed to support both uses. ■ 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. BIVI/Padel, LLC Page 2 of 3 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. Although the site is located 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. The proposal received support from the Resort Advisory Commission's Planning and Design Review subcommittee (PDRC), and there is no known opposition. ■ Recommendation: On January 14, 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 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 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. 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 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. 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. BIVI/Padel, LLC Page 3 of 3 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. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support from RAC's PDRC Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �-- F Submitting Department/Agency: Planning Department City Manager: f�'' Agrenda A•• '.•e Property Owner: Laskin Road Associates, LP Planning Commission • • 1 • Councili District • Project Details Request Conditional Use Permit (Indoor Recreational Facility) Rp Staff Recommendation Approval ; oklo{p oR savory Staff Planner s Alexis Bailey `p5K'NN� G A' Location 941 Laskin Road v�Y x 9y oRAI(1`TAIL iN o-ORIDLf CIR (77PiN °° °� v N ? 0 3 2418716272E ?qC qO� S pRO7 rU Y$q SQ v �9SF� Site Size 4 z Y ��7 MPANOO�/N 4.1 acres {VNQUP~'VN LN y5 9yy 4Q4VF O O•G 76T11 St A/CUZ 70-75 dB DNL; APZ-2 Watersheds x }e Chesapeake Bay " "�a .» w f� •1. Existing Land Use and Zoning District ,.. le- Former Movie Theater/B-2 Community Business Surrounding Land Uses and Zoning Districts ` North ' � Laskin Road Shopping Center/ B-2 Community Business South Multi-family dwellings/A-12 Apartment East Multi-family dwellings/A-36 Apartment West Indoor Recreation Facility/ B-2 Community Business BIVI/Padel, LLC Agenda Item 8 page 1 of 18 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for an Indoor Recreational Facility to develop an indoor padel and pickleball facility on this 4.1 acre B-2 Community Business District zoned parcel. • The applicant proposes to repurpose the existing 20,797 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. Additionally, an 8,200 square foot restaurant, which is a use permitted by-right in the B-2 Community Business District, is proposed in the southwestern corner of the property. • The facility will contain seven padel courts, one pickleball court, and associated facilities, to include locker rooms. • 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 materials proposed include metal panels in bronze and champagne and a buff stone block masonry base. A mural is proposed on the front of the building which will be subject to the review and approval by the Director of the Department of Planning and Community Development at the time of site plan review. Additionally,the applicant is proposing to retain and reface the existing freestanding sign at the entrance of the site. • Per Section 203 of the Zoning Ordinance, Indoor Commercial Recreation Facilities require one space per two hundred (200) square feet of floor area and restaurants require one space per one hundred (100) square feet of floor area, including decks, patios, and other areas in which seating is provided, and food and beverage are consumed.The proposed 33,095 square foot facility would require 165 parking spaces, and the proposed 8,200 square feet restaurant would require 82 parking spaces for a total of 247 parking spaces.The applicant submitted a parking study to request that the parking requirement for the proposed Indoor Recreation Facility be reduced to five spaces per court, resulting in a total of 40 required parking spaces. Combined with the 82 spaces required for the restaurant, the total parking requirement for the development is 122 parking spaces.As depicted on the conceptual site plan, 176 parking spaces are provided, exceeding the parking requirement by 54 spaces. • A portion of this site is located within the 100-foot Chesapeake Bay Preservation Area (CBPA) Resource Protection Area (RPA). Since this request will not result in a change in impervious cover or further encroachment into the RPA beyond what currently exists, review and approval by the CBPA Board was not required. BIVI/Padel, LLC Agenda Item 8 page 2 of 18 Zoning History # Request I _ j SKLN.R 1 CUP (Operate a Craft Distillery) Approved � � Lpso. Rpm f y 01/7/2020 f a 2 CUP (Non-Commercial Private Marina) Approved 07/7/2015 _ ' r STC Approved 01/22/2002 CRZ (B-2 and R-7.5 to Conditional A-36) Approved 06/12/2001 3 STC Approved 06/12/2001 f i A36 STC Approved 06/12/2001 STC Approved 06/12/2001 STC Approved 06/12/2001 S 01k+oLe CIR STC Approved 06/12/2001 Al2 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 EvaluationRecommendation The request for a Conditional Use Permit for an Indoor Recreational Facility 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 parking to 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 to support the applicant's request for a reduction in the number of parking spaces required. Section 203(b)(11) grants the Zoning Administrator the authority to determine the final parking ratio for a development based on the review of a parking study. In Staff's view, this request for a parking reduction is reasonable and acceptable. More detailed information can be found in the Parking Study Determination Letter. BIVI/Padel, LLC Agenda Item 8 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 [Begin Strikethrough]4 [End Strikethrough] 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 November 4, 2025, and December 2, 2025, meetings. At the December 2,2025 meeting, the Committee voted to send a letter of support for the request. Based on the considerations above, Staff recommends approval of the request subject to the conditions listed below. Recommended Conditions 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 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. 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 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. 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. BIVI/Padel, LLC Agenda Item 8 page 4 of 18 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information This project falls within the Resort Area Strategic Growth Area (SGA). Goals of the RASAP include to "provide a safe and comfortable place for residents and visitors, to retain the feel of an oceanside resort with a sense of community, and to rehabilitate and preserve historic structures and properties" (p. 10, RASAP). Additionally, the site is located within the Laskin Gateway, a subdistrict of the Resort Area that is a "key connection point for North End businesses and neighborhoods and the Hilltop commercial area to the west. Linkhorn Bay is a beautiful tidal backdrop to this gateway" (p. 11, RASAP). Design principles of the RASAP include locating buildings along the street with parking located at the rear or side of buildings, adding bicycle rack parking and storage lockers in areas to be used for parking, and to retain existing natural landscaping and enhance areas such as street intersections, gateways, and site entries with special landscape treatments. (p. B-1 and B-2, Reference Handbook) ResourcesNatural & Cultural • 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. . BIVI/Padel, LLC Agenda Item 8 page 5 of 18 Traffic Impacts/Transportation Traffic Counts 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 4 theater. Proposed Land Use 3—There is no reliable trip generation data available for padel courts. 1 Average Daily Trips 2As defined by a 'As defined by an 4LOS = Level of movie theater indoor padel facility Service Master Transportation Plan(MTP)and Capital 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. Public Utility Impacts Water&Sewer The site is currently connected to city water and sanitary sewer. BIVI/Padel, LLC Agenda Item 8 page 6 of 18 Public Outreach Information Planning Commission • The applicant hosted a community meeting on the site on December 11, 2025.The meeting was attended by ten members of the community.The applicant indicated that the overall response to the proposal was supportive. • The applicant presented to the Resort Advisory Commission's Planning and Design Review Subcommittee (PDRC) at the November 4, 2025, and December 2, 2025, meetings. At the December 2,2025 meeting, the Committee voted to send a letter of recommendation regarding the request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 15, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 31, 2025 and January 7, 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 December 29, 2025. • 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 January 8, 2026. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, February 3, 2026 and February 10, 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 February 2, 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 February 13, 2026. BIVI/Padel, LLC Agenda Item 8 page 7 of 18 W SME DATA: A,! • TOTAL AREA 4.1 AC EXISTING ZONING &2 EXISTING USE CINEMA • PROPOSED USE INDOOR RECREATION I RESTAURANT PARKING REQUIRED 122 SPACES • -INDOOR RECREAT;ON(55Pl COURT), 40SPACES -RESTAURANT 0 SP!100 SFj 82 SPACES PARKING PROVIDED 176 SPACES • a s 3 r +^ I 1 1 r 44 L __ __ I !�N•C��7�r��us�f���r��rx9 �r�: ICE<E=fir i I I I I I I I i F� — w . I +A2;6`?}�4uF .9it'ur._b D W � G Q BIVI Padel „ oCL (D Conceptual Development Plan-November 3,2025 ' TIMMONS GROUP m w4Fl,ofgiri,,,ULaKn .i.A H1 3 r- 00 00 \^) o t • E � r w :As�.:«e wnex.md:x.xr xxor,rew � � ,m,.r rf r s a 7,TeKi `tl e , _� BIVI PadelrD �, .��" "*. TIMMONS GROUP Q a) Conceptual Landscape Plan-November 18,2025 ry o. a) Q CD rt rn o rD — 00 00 n Proposed Renderings I � O � Q � z N Z d ry f Q Q cn C M 0CD cj ¢ j ♦ z� 1 i Z Z ( m O to Z U Y K J J O Cl) -- ; _ UP I Y P I. Ili lii i x fi a a P-4 x N d O R !- Q _ cq �Qw F W YuFj =� Z Z tTj � a = oyY 1 , > � a E :`I BIVI/Padel, LLC Agenda Item 8 page 10 of 18 Proposed Sign Rendering SIGN PLATE, NAVY LETTERING AND ,-v 15'-0' DESIGN, --s. GOLD ` II 7 7 G M / '/' ' T' USE OF EXISTING SIGN STRUCTURE AT ENTRANCE ON LASKIN ROAD SKIN RENDERING BIVI PADEL ffesres v1Rc1N1A BEACH,VIRCMAiTs 12.01.2025 BIVI/Padel, LLC Agenda Item 8 page 11 of 18 Parking StudyDetermination PLANNING CITY OF ZONING DEPARTMENT 15' planning.virginiabeach.gov VIRGINIA BEACH 2403 Courthouse Drive Municipal Center, Building 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, A4/L�� Hannah Sabo Zoning Administrator x BIVI/Padel, LLC Agenda Item 8 page 12 of 18 Site • • BIVI/Padel, LLC Agenda Item 8 page 13 of 18 Site • • �u ;a i6, t ;A J AtACH CINEMA a ALEHOUSE JAN 31 DOG MAN COMPAKION VAUAIIT ONE WE ITO THE }MINDIF . 1 Jx.sY 1 1 5 � n,.a. ....�' .•� `�� .,�� •.`°1a tom. TM i a BIVI/Padel, LLC Agenda Item 8 page 14 of 18 Disclosure Statement • Disclosure VIRGINIA Statement V 1 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 al/applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application BIVI/Padel, LLC Is Applicant also the Owner of the subject property? YesO NoQ If no,Property Owner must complete SECTION **2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(.)NoO If yes,name Representative: Tyler Rosa;Williams Mullen 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'or affiliated business entity I relationship with the applicant.(Attach list if necessary.) Jason Vickers-Smith,Manager Does the subject property have a proposed or pending purchaser? Yes S No If yes,name proposed or pending purchaser: BIVI/Padel, LLC 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, Q O Atlantic Union Bank;Randolph Trow cross-co[lateral ization,etc.) Real Estate Broker/Agent/Realtor O Divans Real Estate;Levi Thompson Disclosure Statement I rev. M a y-2024 page 1 of 3 BIVI/Padel, LLC Agenda Item 8 page 15 of 1.8 Disclosure • • ' • � Now yES NO SERVICE Qv DI ER SERVICE Norne entit and or individua 0 Michael Rinaldi&Co,LLP �Accauntln �ReUPre oration o Saunders Crouse;Burrell 5aundQrs Architect/Designerdscape • Architect/Land Planner JD Lewis Construction Management Construction Contra Q Timmons Engineering;Mark Richardson ctor Engineer/Surve r/Agent Wililam Mullen;Tyler Rosa o Legal Servlces APPLICANT CERTIFICATION oand t for ublic hearing,1 am resp RFAD.1 certify that oil information contained in this Farr nis complete'true, accurate.1 understand that, upon receipt of notification that the application has been o planning Commission, Y prior committee a ing of connection with this application. updating the Information provided herein three weeks prior to the meeting Council,VBDA,CBPA,Wetlands Board or any public Y ff IUi �I Jason Vickers-Smith pate Applicant Name(Print) Applicant Signature 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 corporatiart."See State and local Govern m ent Conflict of Interests Act,VA.Code§2.2-3101. that exists when one businentity lssrentitty has aans contr�olling ownership pier interran estlit,tile totl other relationsh tity,f01) that ex (t a controlling owner in one entity is also a controlling owner in the otter entity,or(iii)there is share 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 same person or substantially the some person own or manage the two entities;there are cornnion or conxningled 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 Confiict of Interests Act Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 112 )/2fl26 AIPXiS_Ba e_y__ Staff Name(Print) Staff Signature� Date Disclosure Statement I rev. May-2024 page 2 of 3 BIVI/Padel, LLC Agenda Item 8 page 16 of 18 Disclosure SECTION • • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name; as listed on application Laskin Road Associates,LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yes(i Nob 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 if necessary.) Laskin Road Associates Inc,Leslie Siegel,The Smolen Family Trust,Siegel Family Properties LLC,Adam Schwarz,Dorcas Helfant-Browning,James C.Nocito Revocable Living Trust,James Nocito,Robert Josephberg,Jennifer S.R.Josephberg i Does the subject property have a proposed or pending purchaser? Yes(D NOO if yes,name proposed or pending purchaser: BIVI/Padel,LLC 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 Q No Q If yes name the official or employee and describe the noture of their interest. _ i k 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.J SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O O Southern Bank;Trent Dudley cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Q Q Divaris Real Estate;G.Divaris&S Cortinas O O Wall Einhorn Chernitzer,Alvin Wall Accounting/Tax Return Preparation _ Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O Q Engineer/Surveyor/Agent O O ©. O Williams Mullen;Cartwright R.Reilly Legal Services _ PROPERTY OWNER CERTIFICATION READ:/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 prier to the meeting of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public hotly orconimittee tn")tannection with this application Property Owner N 'rint) Property Owner Slgnatur q ' Date Disclosure Statement I rev. May-2024 page 3 of 3 BIVI/Padel, LL.0 Agenda Item 8 page 17 of 1-8 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/Padel, Ll_C Agenda Item 8 page 18 of 1.8 Virginia Beach Planning Commission January 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #8 BIVI/Padel, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is Agenda Item 8, BIVI/Padel,LLC, regarding Conditional Use Permit on Laskin Road. Is there a representative here today to speak on this item? Welcome,please state your name for the record. Mr. Rose: Good afternoon, Chairman Coston, Vice Chair Byler, members of the Planning Commission. For the record,my name is Tyler Rose, I'm an attorney with the law firm Williams Mullen,here today on behalf of the applicant. We appreciate being on the Consent Agenda today and the hard work of staff and Alexis Bailey on this application. We've reviewed the conditions and find them acceptable. Ms. Byler: Thank you. You may be seated, Attorney Rose. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I have asked Commissioner Plumlee to read it into the record. Mr. Plumlee: Thank you,Madam Vice Chair. This is a facility at 941 Laskin Road. The applicant is BIVI/Padel, LLC. This is the movie theater on Laskin. They're requesting a Conditional Use Permit for an Indoor Recreational Facility for indoor padel and pickleball. It's a 4.1-acre B-2 Community Business District parcel. They're proposing to convert the 20,000 square foot vacant movie theater into these paddle courts. In addition, they're requesting an 8,200 square foot restaurant, which is a use that is permitted by-right on this location. Our excellent staff has recommended approval. There appears to be no objection or any kind of opposition to this application; therefore,the commission felt it was appropriate to place it on the Consent Agenda. Ms. Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve the minutes 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:Agenda Items 2, 3,4, 6, 8, 9, 11, 12, and the minutes. Mr. Coston: Thank you, Vice Chair Byler. Ms.Byler: I move that these items be placed on the Consent Agenda and approved by consent. Ms. Hippen: Second. Mr. Coston: It has been moved by the Vice Chair Byler and seconded by Commissioner Hippen that these items be approved on the Consent Agenda. Clerk: The vote is open. Mr. Plumlee: I need to note, I'm abstaining, in addition to the minutes as pointed out by Commissioner Camp for the site visit in January. I am abstaining from Items 6, 9, and 12 for reasons set forth in letters that were filed with the City Attorney's office. Clerk: The vote is open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes and Items 2, 3,4,6, 8,9, 11,and 12 have been recommended for approval by consent. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Conditions 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 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. 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 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. 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. 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. virginia beach Planning, and Design Review Committee December 12, 2025 Members of the Virgina Beach Planning Commission Members of Virginia Beach City Council Re: Request to operate an indoor recreation facility / Padel Facility 941 Laskin Road The Resort Advisory Commission's Planning and Design Review Subcommittee (PDRC) met twice to review and provide recommendations to the applicant and their design team for the proposed Padel Facility located at 941 Laskin Road, Virginia Beach, Virginia 23451. During the initial review, several comments and recommendations were provided to the applicant. These recommendations are summarized below: PDRC Recommendations 1. Building Placement PDRC recommends re-positioning the future restaurant building to the north of the Padel facility structure and closer to Laskin Road. This recommendation is pending the applicant's submission of an existing easement document, as the easement's location may affect the viability of this design option. 2. Tree Canopy and Replanting Requirements PDRC recommends the installation of additional tree canopy within the existing parking lot. Furthermore, all code-required Crape Myrtles that were removed by the previous owner in 2012 for internal views should be replanted using species acceptable to Dominion Energy for placement beneath distribution line corridors. The applicant's design team has provided a revised planting plan for PDRC review. Sincerely, (� AOj William D. Almond, FASLA Chair, RAC Planning and Design Review Subcommittee 600 22^1 Street, 2,1 Floor,Virginia Beach, VA 23451 Phone (757) 385-4800 1 Fax(757)422-3666 1 Website: www,visitvir_inia.beach.com I z J B2 o B2 B2 0 R5S R5S ® Site C the JEMS LLC Q Zoning 1361 Virginia Beach Boulevard Property Polygons s Feet 0 10 20 40 60 80 Map created by Planning Department on 1/16/2026 t tS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C THE JEMS, LLC [Applicant] Richard D. Goldstein & James P. Goldstein [Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 1361 Virginia Beach Boulevard (GPIN 2417254844). COUNCIL DISTRICT 6 (Remick) MEETING DATE: February 17, 2026 ■ Background: The applicant is seeking a Conditional Use Permit for a Bulk Storage Yard at 1361 Virginia Beach Boulevard to utilize the 9,255 square foot parcel zoned B-2 Community Business District for the storage of towed vehicles. The site is located within the greater than 75 dB DNL, and partially within both the APZ-1 and APZ-2 of the AICUZ. The applicant intends to utilize the existing 1,440 square foot, two-story building as office space and for customers to pick up their vehicles. The other structures at the rear of the site will be removed to create space for approximately 20-25 towed vehicles. Hours of operation for the office will be 9:00 a.m. to 5:00 p.m., Monday through Saturday, with towing operations taking place 24/7. As depicted on the conceptual site plan, a six-foot tall vinyl privacy fence is proposed, as required. The applicant is requesting a deviation to the landscaping requirement and seeks approval to only install perimeter privacy fencing per Section 221(i) of the Zoning Ordinance due to the size of the property and the location of the existing impervious areas . ■ Considerations: The proposed Bulk Storage Yard is considered a compatible use within both the noise and accident potential zones. The proposed plans will improve the overall appearance and quality of the property by clearing the overhanging structures and dilapidated fence. While the applicant is requesting a deviation to the required landscaping around the perimeter of the bulk storage yard, the applicant is proposing to install foundation landscaping at the front of the existing structure as well as several street trees along the edge of the parking lot, which will improve the overall aesthetic of the site. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Staff has received four signatures of support from surrounding neighbors and there is no known opposition. C the Jems, LLC Page 2 of 3 ■ Recommendation: On January 14, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0 with 1 abstention. 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "LOT 6 LESS AND EXCEPT THE NORTHERN 25' & THE WESTERN LOT 65' OF LOT 35 PLAN OF LOTS LAID OUT BY ROY SMITH,", and dated 10/14/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage yard shall be limited to operable motor vehicles. Vehicles on site in the tow area shall be limited to those towed by the operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Fencing material shall be limited to aluminum, vinyl, or other durable composite material. Wood and chain-link fences shall be prohibited. 5. No outdoor paging or loudspeaker system shall be permitted. 6. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be reviewed and approved by the Department of Planning & Community Development prior to the installation of any new outdoor lighting. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. 7. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (4) C the Jems, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Item • Applicant: Property Owner: Richard D. &James R Goldstein Planning Commission ' • 1 • CouncilCity Project Details Request Conditional Use Permit (Bulk Storage Yard) Staff RecommendationFli Approval ;c'os - 3ENHD'u"'�Staff Planner 1 rT Ti Kristin Bauer ff.i'1 � C� .. ( _:::� - — Location 1361 Virginia Beach Boulevard ` t ( — 9' GPINARTOW - 2417254844P` Site Size I - - i_ 9,255 square feet S A/CUZ Greater than 75 dB DNL; APZ-1 Watershed Chesapeake Bay Existing Land Use and Zoning District 's .; _ Retail/ B-2 Community Businessk Z Surrounding Land Uses and Zoning Districts # ,- North Retail/ B-2 Community Business , South Single-family dwelling/R-5S Residential East Retail/ B-2 Community Business West Dozier Lane Vacant Lot/ B-2 Community Business C the Jems, LLC Agenda Item 9 page 1 of 15 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Bulk Storage Yard to utilize this 9,255 square foot parcel zoned B-2 Community Business District for the storage of towed vehicles. • The site is located within the greater than 75 dB DNL and APZ-1 of the AICUZ.The proposed use of a Bulk Storage Yard is considered a compatible use within both the noise and accident potential zones. • The site currently contains an approximately 1,440 square foot, two-story building, which the applicant intends to use for office and storage space.The first floor of the structure will be open to the public and utilized for office space,while the second floor will be dedicated to storage.The other structures in the rear of the property will be removed to create space for approximately 20-25 spaces for towed vehicles. • Hours of operation for the office will be 9:00 a.m. to 5:00 p.m., Monday through Saturday, with towing operations taking place 24/7. • The proposed storage yard will only be open to the public for vehicle retrieval when accompanied by an employee. • As shown on the Conceptual Site Plan, the applicant intends to utilize the two existing accesses, one along Dozier Lane and another from Virginia Beach Boulevard. • Minimal improvements are proposed with this request, as the rear of the site, which will be used for vehicle storage, is already paved. No new buildings or structures are proposed except for the replacement of the existing wood fence with a vinyl privacy fence to screen the proposed storage yard. Additionally, the existing nonconforming sign located to the west of the main entrance will be removed, as depicted on the concept plan. • While no outdoor lighting is proposed, Condition 6 has been recommended to ensure adherence to the City's lighting ordinance, should the applicant wish to add lighting in the future. • Section 228 of the Zoning Ordinance requires that Bulk Storage Yards be fully enclosed with a minimum six- foot tall privacy fence in combination with Category VI landscape plantings. As depicted on the conceptual site plan, a six-foot tall vinyl privacy fence is proposed, as required.The applicant is requesting a deviation to the landscaping requirement and seeks approval to only install perimeter privacy fencing per Section 221(i) of the Zoning Ordinance due to the size of the property and the location of the existing impervious areas and fencing. • Per Section 203(a)(24) of the Zoning Ordinance, one parking space per three hundred thirty (330) square feet of floor area is required for the office use.There are 4 existing parking spaces on site thereby satisfying that requirement. C the Jems, LLC Agenda Item 9 page 2 of 15 Zoning History No Zoning History to Report zi 82 w B2 B2' 0 G -R5S RSS Evaluation - • • • In Staff's opinion, this request for a Conditional Use Permit to operate a Bulk Storage Yard for the storage of vehicles is acceptable. While the site lies within the Suburban Area of the City, in which the Comprehensive Plan recommends the incorporation of complementary non-residential uses, the property's location within the greater than 75 dB DNL noise zone and the APZ-1 limits the uses permissible on the site to those that are compatible with Naval flight operations.The proposed Bulk Storage Yard is considered compatible with both the high noise zone and Accident Potential Zone. Although the Comprehensive Plan Reference Handbook calls for the incorporation of pedestrian-oriented pathways and locating the building towards the front of the site with the parking at the rear (p. B-6 & B-7), since the applicant intends to reuse the main building with limited land disturbance proposed, staff finds the existing layout appropriate for the proposed use. Similarly, although the Active Transportation Plan recommends an 11-foot wide side path be installed along the entire Virginia Beach Boulevard frontage, since the minimal land disturbance proposed would not require a formal site plan review through the Development Services Center, and the existing sidewalk on site is approximately 7.5 feet in width, staff has not conditioned the installation of a side path, with this request. As stated previously, the applicant is requesting a deviation to the landscaping required around the perimeter of the Bulk Storage Yard.The size of the subject parcel as well as the location of the existing improvements, including the existing impervious area and fencing, staff is amendable to the deviation request. As seen on the conceptual plan, the applicant is proposing to install foundation landscaping and several trees along the perimeter of the parking lot, where none currently exist. C the Jems, LLC Agenda Item 9 page 3 of 15 Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "LOT 6 LESS AND EXCEPT THE NORTHERN 2S' &THE WESTERN LOT 65' OF LOT 35 PLAN OF LOTS LAID OUT BY ROY SMITH,", and dated 10/14/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage yard shall be limited to operable motor vehicles. Vehicles on site in the tow area shall be limited to those towed by the operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Fencing material shall be limited to aluminum,vinyl, or other durable composite material. Wood and chain- link fences shall be prohibited. 5. No outdoor paging or loudspeaker system shall be permitted. 6. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be reviewed and approved by the Department of Planning & Community Development prior to the installation of any new outdoor lighting. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. 7. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 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. C the Jems,$LLC Agenda Item 9 page 4 of 15 Comprehensive Plan Information The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods.The property also falls into the AICUZ character area, as defined by the Commercial Area Pattern Book (CAPB) as commercial corridors that lie within an Accident Potential Zone or Noise Contour. These commercial developments "are most commonly restaurants, auto-services, warehouses, or offices.They are typically separated from adjacent parcels by natural features or constructed barriers, especially when adjacent to residential uses" (p. 56, CAPB). The design polices and principles from the Reference Handbook call for parking to be located in the rear of the site and pedestrian paths to be incorporated into the design to reduce the potential of auto-oriented accidents. (p. 57 CAPB & B-6, Reference Handbook).The Reference Handbook also calls for landscaping enhancements (p. B-7) . ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. C the Jems, LLC Agenda Item 9 page 5 of 15 a • • a Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 25,100 ADT 1(LOS 4 Boulevard 10,900 ADT1 „D„� Existing Land Use'—75 ADT Existing Zoning'—110 ADT No existing traffic counts are available for this Dozier Lane Proposed Land Use- No Data roadway. Available for Bulk Storage Yard 1 Average Daily Trips 'As defined by 1,200 'As defined by.lac of 4LOS = Level of sq ft variety retail B-2 Business District Service store Master Transportation Plan(MTP)and Capital Improvement Program(C/P) Virginia Beach Boulevard, in the vicinity of this application, has a variable width right-of-way, and the MTP shows a divided roadway with an ultimate right-of-way width of 100 feet. Active Transportation Plan(ATP) The Active Transportation Plan proposes a side path for Virginia Beach Blvd in this location. Parks & Recreation recommended the current sidewalk be expanded to a width of 11 feet as specified in the ATR ImpactsPublic Utility Water&Sewer The site is currently connected to city water and sanitary sewer. The existing 5/8-inch water meter may be used to accommodate the proposed use. F C the Jems, LLC Agenda Item 9 page 6 of 15 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. 3 signatures of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 15, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 31, 2025 and January 7, 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 December 29, 2025. • 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 January 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, February 3, 2026 and February 10, 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 February 2, 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 February 13, 2026. \ C the Jems, LLC Agenda Item 9 page 7 of 15 Proposed - Plan 36 ^s N10tace g°vrocKi fence *Ke6ri'wq.xlraT, nrr 'earth tone vinyl privacy fence 1 PA"Of • u�g•trrx 35 towea> •r — j «........,�.� 6`Earth tnnn vinyl C: I IWO M Dwarf Yaupon kindly or similar PART OF Rep ce chain link 0 4°orl center seed gate with earth tree? 6'vin 4,478 Eastorn Red Cedar 0117 Al: 1 g'on Gcnter 'iCf tAt a Remove I Large 3 Gr Sign 3. Ll t9 t . 777F . ,l La rge i m r VIRGINIA BEACH BOULEVARD C the Jems, LLC Agenda Item 9 page 8 of 15 Proposed SAMPLE OF PROPOSED EARTHTONE FENCING -1 •;x tea. '� a n3:: + C the Jems, LLC Agenda Item 9 page 9 of 15 Site • • 144 �r z i f I III tt. t' �A v -s� C the Jems, LLC Agenda Item 9 page 10 of 15 to a y f' Site Pho Y yx"c C the Jems, LLC Agenda Item 9 page 11 of 15 Disclosure DisclosureVIRGINIA V BEACH Statement The disclosures contained in this form ore 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. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application C the JEMS LLC 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?Yes(j)No0 If yes,name Representative: George T. Dillon III, Esq., Poole Brooke Plumlee, PC Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that hove a parent-subsidiary'or affiliated business entity I relationship with the applicant.(Attach list if necessary.) Mark Sawyers aka Jonathan Sawyers,Member/Manager Stacie Sawyers,Member Does the subject property have a proposed or pending purchaser? Yes No if yes,name proposed or pending purchaser. the applicant 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. 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 and/or individual) Financing(mortgage,deeds of trust, O 0 cross-collateralization,etc.) _ Real Estate Broker/Agent/Realtor 1 0 e Disclosure Statement I rev. May-2024 page i of 3 C the Jems, LLC Agenda Item 9 page 12 of 15 Disclosure SECTIONDISCLOSURE . -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 (F) _ Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent Dennis Taflambas,DKT Associates Land Surveyors Legal Services Q George T.Dillon III,Esq.,Poole Brooke Plumlee,PC 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. C the J EMS LLC 3owthaii Sgeel's J athan Sar—lost 91,M509,. iS Eon 10/31/2025 Applicant Name(Print) Applicant Signature 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 Loco]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 o 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): 1/30/2026 Kristin Bauer �cr 01/30/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 C the Jems, LLC Agenda Item 9 page 13 of 15 Disclosure PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Richard D Goldstein and James P Goldstein Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Ye N • If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent subsidla r or So/toted business entity 2 relationship with the applicant. Attach list i necessa . Does the subject property have a proposed or pending purchaser? Yes • NO() !f yes,name proposed or pending purchaser: _the applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Inte t In the ubject land or any proposed development contingent on the subject public action? Yeso No 1FIKs,name the o idal oremployee,and describe the nature of their Interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services ore being provided In connection to the subject application or any business operating or to be operated an the property.The name of the entity or Individual providing such services must be Identlfted.(Attach list If necessary.) SERVICE YES NO SERVICE PROVIDER Name anti and or individual Financing(mortgage,deeds of trust, O O cross-collateralization etc. f� Real Estate Broker/ tiJ ent/Reactor 0 Jahn Katsles,The Ketsias Company Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 O Architec land Planner Construction Contractor 0 En neer Surve or/A ent 0 0 Legal Services 0 Howard K Sykes,Jr.,Es%,Sykes,Bourdon,Mom 6 Len,,P.C. PROPERTY OWNER CERTIFICATION READ:I cent*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 To wee tcs Ior to the meeting of planning Commission, City Council,VBDA,CBPA,Wetlands Board or any y committee In connection with this application. Richard D Goldstein and James P Goldstein r �� Property Owner Name(Print) rope r Aina Date Disclosure Statement I rev. M a y-2024 'O l �3 page 3 of 3 C the Jems, LLC Agenda Item 9 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. C the Jems, LLC Agenda Item 9 page 15 of 15 Virginia Beach Planning Commission January 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #09 C the JEMS LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Next is Agenda Item 9, C the JEMS, LLC, for a Conditional Use Permit on Virginia Beach Boulevard. Welcome,please state your name for the record. Mr. Dylan: Madam Chair, George Dillon, attorney for the applicant, C the JEMS, LLC. Chair Coston, Madam Vice Chair, Planning Commission, thank you for putting us on the Consent Agenda. Thank you for the hard work of Kristin Bauer on this application. My client consents to all seven conditions as recommended by staff. Ms. Byler: Thank you. You may be seated. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Mauch to read it into the record. Mr.Mauch: The applicant is seeking a Conditional Use Permit for a Bulk Storage Yard to utilize the parcel zoned B-2 Community Business District for the storage of towed vehicles. In Staffs opinion, as well as the Planning Commission,the request for a Conditional Use Permit to operate a Bulk Storage Yard for the storage of vehicles is acceptable. We ask for it to be placed on the Consent Agenda. (The following dialogue reflects the discussion to approve the minutes as a part 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: Agenda Items 2, 3,4, 6, 8, 9, 11, 12,and the minutes. Mr. Coston: Thank you, Vice Chair Byler. Ms. Byler: I move that these items be placed on the Consent Agenda and approved by consent. Ms. Hippen: Second. Mr. Coston: It has been moved by the Vice Chair Byler and seconded by Commissioner Hippen that these items be approved on the Consent Agenda. Clerk: The vote is open. Mr. Plumlee: I need to note, I'm abstaining, in addition to the minutes as pointed out by Commissioner Camp for the site visit in January. I am abstaining from Items 6, 9, and 12 for reasons set forth in letters that were filed with the City Attorney's office. Clerk: The vote is open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes and Items 2, 3,4,6, 8, 9, 11,and 12 have been recommended for approval by consent. Vote Tall Commission Member AYE 10 NAY 0 ABS 1 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Conditions 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "LOT 6 LESS AND EXCEPT THE NORTHERN 25' &THE WESTERN LOT 65' OF LOT 35 PLAN OF LOTS LAID OUT BY ROY SMITH,", and dated 10/14/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage yard shall be limited to operable motor vehicles. Vehicles on site in the tow area shall be limited to those towed by the operation. Personal vehicles shall not include trailers, RVs, or watercraft.These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Fencing material shall be limited to aluminum,vinyl, or other durable composite material. Wood and chain-link fences shall be prohibited. 5. No outdoor paging or loudspeaker system shall be permitted. 6. A photometric lighting plan, meeting the requirements of Sections 252 &254 of the Zoning Ordinance, shall be reviewed and approved by the Department of Planning & Community Development prior to the installation of any new outdoor lighting. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property.Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. 7. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 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. Letter in Support Dear Virginia Beach Planning Commission and ('It\ ( OLIIICII: We the undersigned own residential or commercial properties located adjacent to 1361 Virginia Beach Blvd,Virginia Beach, Virginia 23454(the"Property"),or down the street from the Property on Dozier Lane. We are aware of C the JEMS LLC's(the"Applicant'")application for a Conditional Use Pen-nit (CUP)to utilize the Property as a bulk storage yard. We fully support approval of this CUP.The Applicant's proposed improvements will significantly enhance the parcel, including but not limited to: • Removal of the dilapidated structures located at the rear of the Property. • Replacement of the broken and rotting wooden fence and chain-link gate with a new 6- foot earth-tone vinyl privacy fence and vinyl front gate. We believe these updates will not only improve the aesthetics and functionality of the Property but also contribute positively to the surrounding area and our neighborhood. Owner's Name Property Address Residential Commercial V, 144A r. "j Letter in Support Dear Virginia Beach Planning Commission and City Council: We the undersigned own residential or commercial properties located adjacent to 1361 Virginia Beach Blvd, Virginia Beach,Virginia 23454(the "Property"), or down the street from the Property on Dozier Lane. We are aware of C the JEMS LLC's (the "Applicant")application for a Conditional Use Permit (CUP)to utilize the Property as a bulk storage yard. We fully support approval of this CUP. The Applicant's proposed improvements will significantly enhance the parcel, including but not limited to: • Removal of the dilapidated structures located at the rear of the Property. • Replacement of the broken and rotting wooden fence and chain-link gate with a new 6- foot earth-tone vinyl privacy fence and vinyl front gate. We believe these updates will not only improve the aesthetics and functionality of the Property but also contribute positively to the surrounding area and our neighborhood. Owner's Name Property Address Residential Commercial ullzabet*&heY 244 Dozier Lane Yes Eii beth hb,-M.ar 0—10,702617:0:54ESri nv►cr uK 0 GELA DR zm SHORE DR Q w 0 — .. 7� GATEHOUSE WAY HI H1 .. ,, .. WALKERS GRANT LN B2 82 �,..- MlLE Co URSE - WALK R2O R10 E�5°M�GAR _ � N v R10 RIO ® site Zakiya Walcott p zoning 5193 Shore Drive, Suite 108 w I.- Property Polygons s Feet 0 62.5 125 250 375 500 Map created by Planning Department on 1/16/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ZAKIYA WALCOTT [Applicant] Hoda Investments LLC [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 5193 Shore Drive, Suite 108 (GPIN 1469977720). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: February 17, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for Assembly Use to operate an event space to host birthday parties, micro-weddings, and other similar events, on this B-2 Community Business zoned parcel. The proposed event space will occupy an existing 2,400 square foot unit within the Lake Shores Shopping Center. No kitchen facilities for on-site food prep will be provided. The business will employ three employees and anticipates no more than 90 guests for their larger events. The applicant does not anticipate applying for an ABC liquor license, but customers using the space may apply for a 1-day license for the duration of their events. The proposed hours of operation are 9:00 a.m. to 10:00 p.m., Monday through Wednesday and 9:00 a.m. to 12:00 a.m., Thursday through Sunday. ■ Considerations: The request for a Conditional Use Permit for an Assembly Use is consistent with the Comprehensive Plan's land use policies for the Suburban Area and consistent with the residential and commercial nature of the surrounding properties. The operation of an Assembly Use is not expected to negatively impact other uses within the shopping center or in the vicinity. Staff does not anticipate a significant increase in traffic volume with the addition of this use at this location. Staff has received two letters of opposition and while one speaker signed up to speak in opposition at the Planning Commission hearing, but was not present when the item was heard. Five signatures and a petition of support from surrounding businesses within the Shopping Center was submitted by the applicant. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Zakiya Walcott Page 2 of 2 ■ Recommendation: On January 14, 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 Conditional Use Permit for Assembly Use applies solely to 5193 Shore Drive, Suite 108. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the suite as an Assembly Use. 3. The maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. The Assembly Use shall comply with all applicable Fire and Building code requirements. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 6. All event activities shall occur within the building. Outdoor events shall be prohibited unless specifically permitted with a Special Event Permit. 7. No amplification of music or use of speakers shall be permitted except within the enclosed building. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (5) Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department elf- City Manager: 1#9 Agenda Item 10 A•• Walcott Property • ••. Investments LLC Planning Commission ' • 2026 CouncilCity • Project Details _ ww,MUSD Request Conditional Use Permit (Assembly Use) - JVk9 kp Staff Recommendation �.�itSf. SfNptF OR CHFRNlHlliCi F Approval WAY i i�aH tit t � r Staff Planner pk i c uti Kristin Bauer �p 11 i Location 5193 Shore Drive, Suite 108 GPIN ��s K Fit, - [rur kr/Y(h `rAr:F!( 1469977720 Site Sizes 2,400 square feet A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay gRArvr- .- Existing Land Use and Zoning District Shopping Center/ B-2 Community Business Surrounding Land Uses and Zoning Districts North Shore Drive Joint Base Little Creek- Fort Story/ 1-2 Heavy Industrial South Meredith Road Single-family dwellings/ R-10 Residential East Multi-family dwellings/A-18 Apartment West Mini-Warehouse, hotel/ B-2 Community Business, H-1 Hotel Zakiya Walcott Agenda Item 10 page 1 of 16 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for Assembly Use to operate an event space to host birthday parties, micro-weddings, celebrations, and other events, on this B-2 Community Business zoned parcel. • The proposed event space will occupy an existing 2,400 square foot unit within the Lake Shores Shopping Center. • The business will employ two permanent employees, one being the owner and the other an assistant, and one additional independently contracted employee, as needed, depending on the event. • No kitchen facilities for on-site food preparation will be provided. • The applicant anticipates up to 90 guests for theater-style events and up to 70 guests for banquet-style events; however, the final number of maximum occupants will be determined by the Fire Marshal. • The proposed hours of operation are 9:00 a.m. to 10:00 p.m., Monday through Wednesday and 9:00 a.m. to 12:00 a.m.,Thursday through Sunday. o Event rentals can be offered in six-hour blocks, either 10:00 a.m.to 4:00 p.m. or 6:00 p.m. to 12:00 a.m., inclusive of setup and cleanup time. o Weddings may reserve up to a 12-hour block between 12:00 p.m. and 12:00 a.m. 0 2-hour minimum rentals will be available for smaller functions such as corporate meetings, seminars, book readings/signings, school events, photoshoots, Sunday worship, etc. o Tours of the event space will be reserved for Monday, Wednesday, and Saturday mornings for potential clients. • The applicant anticipates hosting 6 to 12 events per month. • The applicant provided conceptual signage renderings for their overhead sign and two storefront windows, which will require further review and a separate sign permit through the Zoning Division. • Per the Zoning Administrator, the parking has been calculated based of the shopping center parking from Section 203(a)(33). 233 spaces are required, and 253 spaces are provided, exceeding the minimum required parking by 20 spaces. Zakiya Walcott Agenda Item 10 page 2 of 16 Zoning History Map Key No. Request w a 12 -. CUP(Collocation of Antennas) SHORE OR Approved 03/17/2017 GATEHOUSE 1 - CUP (Communication Tower) n Approved 10/06/2006 A'!8 H� � H1 WALKERS GRANT LN MILE COURSE WALK f RI R10 a" ti R1'U� 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 Rento MDC:Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation - • • • In Staff's opinion, the request for a Conditional Use Permit for an Assembly Use is consistent with the Comprehensive Plan's land use policies for the Suburban Area and consistent with the residential and commercial nature of the surrounding properties.The operation of an Assembly Use is not expected to negatively impact other uses within the shopping center or in the vicinity. Staff does not anticipate a significant increase in traffic volume with the addition of this use at this location. As previously mentioned, there is adequate parking on site to accommodate the proposed assembly use as well as the other uses within the shopping center. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Zakiya Walcott Agenda Item 10 page 3 of 16 Recommended Conditions 1. The Conditional Use Permit for Assembly Use applies solely to 5193 Shore Drive, Suite 108. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the suite as an Assembly Use. 3. The maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. The Assembly Use shall comply with all applicable Fire and Building code requirements. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. 6. All event activities shall occur within the building. Outdoor events shall be prohibited unless specifically permitted with a Special Event Permit. 7. No amplification of music or use of speakers shall be permitted except within the enclosed building. 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. Zakiya�Walcott Agenda Item 10 page 4 of 16 Comprehensive Plan Information This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character.The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. (p. 1-60, Comp Plan Policy Document). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traft Counts Street Name Present Volume Present Capacity Generated Traffic Minimal, if any, traffic impact is Shore Drive 23,500 ADT1 32,700 ADT 1 expected since the proposed use, (LOS 2 "D") and similar uses, are accounted for in existing traffic generation. 1 Average Daily Trips 2LOS = Level of Service Master Transportation Plan(MTP)and Capitallmprovement Program(C/P) Shore Drive in the vicinity of this application is considered a four-lane divided major urban arterial. The MTP proposes a six-lane divided facility within a 150-foot right-of-way. There are currently no CIP projects scheduled for this segment of Shore Drive. Active Transportation Plan(ATP) The Active Transportation Plan calls for protected bike lanes along Shore Drive. However, due to the scope of this project, namely that the applicant is occupying an existing unit on the site and no exterior improvements are proposed, staff is not requiring the applicant to complete improvements. Zakiya Walcott Agenda Item 10 page 5 of 16 Public Utility Impacts water The site currently connects to city water. There is an existing 12-inch city water main &42-inch HRSD force main along Shore Drive. Sewer The site currently connects to city sewer. There is an existing 8-inch city sanitary sewer gravity main encroaching through the properties within a 30-ft ingress/egress and utility easement. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Public Outreach Information Planning Commission • The applicant reported having met with surrounding business owners, resulting in the collection of five signatures of support for the application. Additionally. Staff received two letters of opposition expressing concerns related to noise, safety, and traffic. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 15, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 31, 2025 and January 7, 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 December 29, 2025. • 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 January 8, 2026. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, February 3, 2026 and February 10, 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 February 2, 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 February 13, 2026. ,m Zakiya Walcott Agenda Item 10 page 6 of 16 Conceptual Site Plan A ti I FOOD LION � t Thrift t w Store y bit Y 4A z:Sol e, r c 0 i F{ .n. r- x tx$ Zakiya Walcott Agenda Item 10 page 7 of 16 Current • • • Layout MULTI-PURPOSE STORAGE ROOM ROOM all H A L L BATHROOM BATHROOM W FBATROOM A Y MAIN AREA Zakiya Walcott Agenda Item 10 page 8 of 16 Current Interior Zakiya Walcott Agenda Item 10 page 9 of 16 Proposed Interior • • Image r a- max_ Zakiya Walcott Agenda Item 10 page 10 of 16 Proposed Signage Design Concepts PLEASE USE OTMEN -......... ,. M-77046 PLEASE USE OTHER TOMS BY�ONLY EENTRANCEn ..o uaw wcui rmu ENTRANCE 787-770-1278 D©-— eon raw rn..vw.err �ryFFOW US Off SOCIAL FdEM:MOO. wn.aow rew onus LJ Q :YPARDONMYEVENTS ° } HOST YOUR HEXT EVENT HE � I SCAN BELOW FOR RETAILS'! yj Ila 200 l 24'"' MY EVENTS Ni I>. tlASf yew 'fan _ I 42FT Site • • a. I i �y k ~li " xt Zakiya Walcott Agenda Item 10 page 12 of 16 Disclosure Statement CITY OF Disclosure VIRGINIA V-B, 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 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 A K n "A L C U"T T 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?Yeso No0 If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes 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 iritbe subject land or any proposed development contingent on the subject public action? Yeso No)?9'1 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 cross-collateralization,etc.) vy Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 Zakiya Walcott Agenda Item 10 page 13 of 16 Disclosure DISCLOSURESECTION 1: APPLICANT . •. SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent —Fo— -- -- Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 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) pplicant 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. Affiliated business entity relationship"means"a relationship,other than porent-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 dose 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): 1/30/2026 Kristin Bauer X-4� aaezQ,L 01/30/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Zakiya Walcott Agenda Item 10 page 14 of 16 Disclosure SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application HODA Investments, LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesQNoo If yes,list the names of al/officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach list if necessory.) i Fmo hammad Akhras Does the subject property have a proposed or pending purchaser? Yeso NoO If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o No 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 I NO — SERVICE PROVIDER (Name_entity and/or individual) Financing(mortgage,deeds of trust] 0 cross-collateralization,etc.) 0 Real Estate Broker/Agent/Realtor LJ 0 ��t(MS NAO►A Accounting/Tax Return Preparation Architect/Designer/Landscape , © , 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services — '' ! 0 0 PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this Form is complete, true,and accurate. l 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. HODA Investments, LLC Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Zakiya Walcott Agenda Item 10 page 15 of 16 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. Zakiya Walcott Agenda Item 10 page 16 of 16 Virginia Beach Planning Commission January 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #10 Zakiya Walcott Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our final item is Item 10,Zakiya Walcott. Mr. Coston: Good afternoon. Ms. Walcott: Good afternoon. Mr. Coston: Please state your name for the record. Ms.Walcott: Zakiya Walcott. Mr. Coston: Good afternoon. Ms. Walcott: Good afternoon, Chair, Vice Chair, members of the Planning Commission and staff. Thank you for allowing me the opportunity to speak this afternoon and for considering my request for a Conditional Use Permit. "Pardon of My Events" is a reservation-only,professionally managed,private event center designed for intimate gatherings and meaningful celebrations. We host events such as milestone birthdays,baby showers, graduations, retirement ceremonies, small corporate meetings, family celebrations, and art exhibits. This is not a nightclub nor a bar or a late-night venue. It is a curated space focused on connection,creativity, and community. From the informal proceedings, I was notified of two letters of opposition. I am a mother, a veteran, and a homeowner, so I understand the concerns of the opposition with having young children, understanding the safety, and living within the vicinity of an event venue. Noise levels are monitored by the event attendant and local security or law enforcement, and regulations are placed in the contract. The events hosted are intimate social gatherings,not club-style events. Any music played is at a level where patrons can hold conversations without having to yell. Safety is paramount. The max capacity for any event is 90 people, also monitored via event attendant and security cameras. Given that Lake Shores'parking lot has 253 parking spaces,there is no need for patrons to park in the adjacent neighborhoods. Though I, as an owner, will not be filing for an alcohol license, I am aware that those renting the venue may apply for a one-day ABC license, and in those cases, I require the one-day license, the license of the hired bartender, and security and/or law enforcement present for any event that has alcohol being served. Any violations will cause for the event to be ended, and that is stated in my contract. I started this business for a deeply personal reason. I have always believed in celebrating life while we have the chance. So often, people come together only during moments of loss at funerals or memorials when it is already too late to take that one last photo, say "I love you," or tell someone how proud you are of them. I am fully committed to operating responsibly, following all city requirements, and ensuring proper parking, noise control, and guest management so that my business is an asset to both Lake Shores Plaza and the surrounding community. Thank you again for your time and your consideration. I would be honored to bring this community-focused business to Virginia Beach. Mr. Coston: Do we have any questions from the commissioners? Ms. Schoonover: I have a question. Do you ever envision any of your clients wanting to use the parking area right in front of your shop for any kind of event? I know sometimes you can get a permission to use parking lots as part of a celebration. Ms. Walcott: No,ma'am. So that--we're not allowed to even with the-- I'm sorry,the landlord. All of my events have to stay within the suite; nothing can be outside. I cannot advertise outside besides the business sign that's at the top of the building. Ms. Schoonover: Thank you. Mr. Coston: All righty. You may be seated. Thank you. Mr. Plumlee: I do have one question. I was going to ask you one question. Are you aware of any event space in the vicinity nearby? Ms. Walcott: Not actually down -- I'm not really familiar with that area. It's like down Shore Drive--is it Luxury Affairs? Like a little further down? I don't know if that's Chick's Beach area. I'm a Suffolk resident, so I'm not really sure. But I know when I was retiring,I looked at an event space; it was pretty dated. Mr. Plumlee: And so has there ever been an event space like this at this particular shopping center before that you're aware of? Ms. Walcott: No, sir,not that I know of. Mr. Plumlee: Okay. Thank you. Mr. Coston: Do we have speakers? Clerk: Yes,we have one speaker,Edward Spearman,via WebEx. Oh,never mind,he is not there. Mr. Coston: Then we would like to open the floor for discussion or entertain a motion. Mr. Anderson: I'd like to entertain a motion for approval. Ms. Schoonover: Second. Mr. Coston: Okay. It has been moved by Commissioner Anderson for approval and seconded by Commissioner Schoonover. Clerk: The vote is open. By a recorded vote of 1 I to 0, Item 10, Zakiya Walcott, has been recommended for approval. Mr. Coston: Thank you for you participating in today's Planning Commission hearing. Ms. Alcock: Excuse me,Chair,before we adjourn, I just want to ask for one point of clarification on the Consent Agenda from Commissioner Plumlee. So the vote was recorded as an abstention which would apply to all items, so just wanted your vote on the other items that you did not have a letter on file. Mr. Plumlee: Yes, my vote is to approve the items I did not abstain from. Clerk: Thank you. Mr. Coston: Okay. We thank you for your participation, and today's Planning Commission hearing is hereby adjourned. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Conditions 1. The Conditional Use Permit for Assembly Use applies solely to 5193 Shore Drive, Suite 108. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the suite as an Assembly Use. 3. The maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. The Assembly Use shall comply with all applicable Fire and Building code requirements. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. 6. All event activities shall occur within the building. Outdoor events shall be prohibited unless specifically permitted with a Special Event Permit. 7. No amplification of music or use of speakers shall be permitted except within the enclosed building. 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. Memorandum of Support Conditional Use Permit Application for Pardon My Events 5193 Shore Drive, Suite 108, Virginia Beach, VA 23455 This memorandum serves as a collective statement of support from neighboring business owners and tenants within Lake Shores Plaza for the Conditional Use Permit application submitted by Pardon My Events, located at 5193 Shore Drive, Suite 108, Virginia Beach, VA 23455. The purpose of this document is to acknowledge the positive impact that Pardon My Events has on the surrounding business community and to demonstrate shared confidence in its continued operation as a professional event and creative space. Pardon My Events provides a modern, flexible space that hosts private celebrations, art exhibitions, and community-oriented gatherings. The business promotes collaboration and creativity while maintaining a respectful and well-managed atmosphere that complements the character of Lake Shores Plaza. Its focus on professionalism and community engagement brings increased visibility and foot traffic to nearby businesses, supporting local commerce and strengthening the shared business environment. As fellow tenants and business owners, we have no objections to the proposed use of the property as described in the Conditional Use Permit application. We support the approval of this request by the City of Virginia Beach Planning Commission and City Council, recognizing that the business contributes positively to the overall economic vitality, safety, and reputation of the surrounding area. By signing below, we express our formal support for Pardon My Events and its continued efforts to create a welcoming, professional, and community-centered presence within Lake Shores Plaza. Business Name Suite# I Printed Name Signature Date ! I I From: Victoria To: Kristin A.Bauer Subject: Formal Objection to Proposed Event Space Permit Near Residential Property Date: Monday,January 12,2026 6:35:32 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. To whom it may concern, In regards to: Zakiya Walcott Property Owners: Hoda Investments LLC Conditional Use Permit(Assembly Use) Address: 5193 Shore Drive, Suite 108 GPIN: 1469977720 City Council: District 9(Schulman) Accela Record:2025-PCCC-000154 AICUZ: <65 dB DNL Staff Planner: Kristin Bauer I am writing to formally express my opposition to the proposed permitting of an event space located in close proximity to my residence. My primary concern is the negative impact this development would have on the surrounding residential neighborhood. Event spaces inherently bring increased traffic,parking congestion, noise,and general activity that are inconsistent with the character and expectations of a residential area. These disruptions would significantly affect the daily quality of life for nearby homeowners. Additionally, I am deeply concerned about the potential decline in property values. Homes situated near high-traffic event venues are often viewed as less desirable due to noise levels, frequent gatherings, and reduced privacy. As a homeowner who has invested substantially in my property, I believe it is unreasonable for my home's value to be jeopardized by a commercial use that is incompatible with the surrounding area. There is also the issue of public safety and general order. Large gatherings, late-night events, and increased alcohol-related activity(if applicable)can lead to disturbances that place additional strain on local resources and create ongoing issues for residents. I respectfully urge the Commission to consider the long-term consequences this permit would have on existing homeowners and the residential integrity of this neighborhood. I strongly believe that approving this event space would be detrimental to the community and should not be permitted at this location. Thank you for your time and consideration. I appreciate the opportunity to voice my concerns and trust that the Commission will give them serious consideration before making a final decision. Sincerely, Victoria Gillchrest Concerned Homeowner From: Rachel McLellan To: Kristin A.Bauer Subject: Response to Proposed Event Venue at Lake Shores Plaza shopping center Date: Tuesday,January 13,2026 4:12:07 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. To whom is may concern, GPIN 1469977720 Accela Record: 2025-PCCC-00154 Staff Planner: Kristin Bauer I am writing as a nearby resident and a mother raising a family in the neighborhood adjacent to the proposed event space at the shopping center. I don't need my email mentioned during the meeting and would like it in consideration on the final decision. If it is mentioned,I would prefer my name and contact information be omitted. While I understand the city's interest in promoting community activities and economic development, I am concerned about how this project may affect the safety and well-being of families who live close by. In particular, I am worried about increased noise,traffic, and late- night activity associated with events, especially during evenings and weekends when children are at home and trying to rest. Considering that there may not be motions for alcohol licensing from the owner, any event venue can suggest to their clients to purchase their own 1 day ABC license. This raises more concerns for nearby residents and families.Any part time or full time event space has a potential negative impact on those who not only have mortgages but also an HOA. It would be unfair to the HOA to have to lower their fees due to a potential event space. As a parent, maintaining a safe, quiet, and predictable environment is very important to me. Increased vehicle traffic, overflow parking in adjacent lots, and large crowds could create safety concerns for children who play or walk in the neighborhood or to and from the shopping center.Noise from frequent events could also disrupt sleep and negatively impact family life. Having the Food Lion so close has been a lifesaver and without knowing the kind of event space going in, I fear I won't be able to use the cut through provided for the neighborhood during evening hours and the increased traffic may cause event goers to use the cut through as well for potential additional parking if applicable. I respectfully ask the city to carefully consider these impacts and to require appropriate safeguards if this project moves forward. Measures such as reasonable limits on hours of operation, strong noise,traffic and parking management plans, and clear enforcement procedures would help protect nearby families and residents. Thank you for taking the time to consider the concerns of those of us who live and raise our children in this community. I appreciate the opportunity to provide input and hope these issues will be thoughtfully addressed as decisions are made. Sincerely, Rachel McLellan M. APPOINTMENTS • ADVERTISING ADVISORY COMMITTEE • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • DEFERRED COMPENSATION BOARD • HISTORIC PRESERVATION COMMISSION • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PERSONNEL BOARD • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • WETLANDS BOARD N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually must follow the two-step process provided below: 1. Register for the WebEx Meeting_ 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 17, 2026. i CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:02/03/2026 PAGE: 1 R U T N H C L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIL'S BRIEFINGS A. GENERAL ASSEMBLY UPDATE Brent McKenzie, Legislative Affairs Director B. ANNUAL CRIME STATISTICS Paul Neudigate,Police UPDATE Chief II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Kaitlen Alcock,Planning Administrator IIL-VI. CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y Y Y Y Y Y Y A Y A A-F SESSION G. MINUTES APPROVED 8-0 Y Y Y Y Y Y Y Y A A A B INFORMAL and FORMAL SESSIONS S January 20,2026 T A I N E D H. PUBLIC HEARING 1. ACQUISITION,BY AGREEMENT OR NO SPEAKERS CONDEMNATION The Lynbrook Landing Sidewalk Improvements Project CIP 100423.112 J.1. Ordinance to GRANT a Franchise to VB ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A Fishing Pier, LLC, for the use of City CONSENT property at the Oceanfront and 15t'Street re operation of the Virginia Beach Fishing Pier J.2. Ordinance to DISSOLVE the Health ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A Services Advisory Board(Requested by the CONSENT City Council) J.3 Resolution to APPROVE Attainable ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A Workforce Housing Performance Grant to CONSENT Concorde Apartments, L.P.; and AUTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement J.4. Resolution to REQUEST the Virginia ADOPTED,BY 9-0 Y Y A Y A Department of Transportation (VDOT) CONSENT ACCEPT additional streets re Urban Maintenance Payments J.5. Resolution to REQUEST the Virginia ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A 1' A Department of Transportation (VDOT) CONSENT Accept corrections/deletions to road inventory re Urban Maintenance Payments J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:02/03/2026 PAGE: 2 R U T N H C L M it 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 J.6. Ordinance to AUTHORIZE temporary ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A encroachments into City-owned property CONSENT known as Lake Joyce at the rear of 4417 Lee Avenue re remove an existing gazebo, construct and maintain a new gazebo, walkway, pier and maintain an existing concrete platform and an existing brick shed DISTRICT 9 J.7. Ordinance to ACCEPT and ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y A APPROPRIATE $961,962 from the CONSENT Virginia Department of Behavioral Health and Development Services(DBHDS)to the FY 2025-26 Human Services Operating Budget re support the Jail-Based Restoration Pilot Program; and AUTHORIZE within the FY 2025-26 Operating Budgets 2.5 full-time employees re Human Services and 2.0 full-time employees re Virginia Beach Sheriffs Office K. APPOINTMENTS RESCHEDULED R Y C O N S 1: N S l S ADVERTISING ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD DEFERRED COMPENSATION BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD SOCIAL SERVICE ADVISORY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD AUDIT COMMITTEE Appointed: 9-0 Y Y Y Y Y Y Y Y A 1' A Robert A.Broermann Unexpired Term thru 4/30/2026 +3 Year Term 5/l/2026-4/30/2029 BAYFRONT ADVISORY COMMISSION Reappointed: 9-0 }' }' Y Y Y Y Y Y A Y A William Hearst 3 Year Term 1/l/2026-12/31/2028 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C K S B H S S E C U O - S DATE:02/03/2026 PAGE: 3 R U T N H C L M II C R A H W U M E H G E M R U C I D N E R M M O L I. 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 I R Y N N K D E N N L. UNFINISHED BUSINESS N4. NEW BUSINESS N. ADJOURNMENT 6:07 P.M. OPEN DIALOGUE 14 SPEAKERS 6:46 P.M.