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HomeMy WebLinkAbout7-7-2026 FORMAL SESSION AGENDA 0 City of Virginia Beach"'COMMUNITY FOR A LIFETIME v . yo �r S OF �UR�NAS��� 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 jvrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.corn 1 757-651-7641 aschulman@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 July 7, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. 2027 LEGISLATIVE AGENDA TIMELINE 3:30 P.M. Brent McKenzie, Legislative Affairs Director B. RETAIL CANNABIS UPDATE 4:00 P.M. Amanda Jarratt, Deputy City Manager Hannah Sabo, Zoning Administrator— Planning II. CITY COUNCIL LIAISON REPORTS 4:45 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 5:00 P.M. IV. CITY COUNCIL AGENDA REVIEW 5:15 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS—June 16, 2026 2. SPECIAL FORMAL SESSION —June 23, 2026 H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Dr. Judy Jankowski I. PUBLIC HEARINGS 1. Proposed Ordinance to ADD a satellite absentee location at Princess Anne Library and REMOVE the satellite absentee location of Meyera Oberndorf Central Library 2. DECLARATION AND SALE OF EXCESS PROPERTY Approximately 300 +/- acres at 2500 Tournament Drive (known as Virginia Beach National Golf Course) to Dragas Associates, Inc. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES / RESOLUTIONS 1. Ordinance to AUTHORIZE acquisition of property in fee simple and the acquisition of temporary and permanent easements, either by agreement or condemnation re Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program (HSIP) Project, CIP 100423.025 2. Ordinance to MODIFY the boundary of the Old Donation Neighborhood Dredging Special Service District (SSD) re remove one (1) property and AUTHORIZE the REFUND of SSD Levies 3. Ordinance re the Compensation of the City Manager effective July 1, 2026 (Requested by City Council) 4. Ordinance re the Compensation of the City Attorney effective July 1, 2026 (Requested by City Council) 5. Ordinance re the Compensation of the City Clerk effective July 1, 2026 (Requested by City Council) 6. Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2026 (Requested by City Council) 7. Ordinance re the Compensation of the City Auditor effective July 1, 2026 (Requested by City Council) 8. Ordinance to ADD a third Student Member to the Flood Prevention Bond Referendum Oversight Board 9. Ordinance to ADD two (2) additional Student Members to the Virginia Beach Clean Community Commission 10. Ordinance to AMEND the Attainable Workforce Housing Performance (AWHP) Grant Program and AUTHORIZE certain actions in furtherance thereof 11. Resolution to GRANT a permit re ALLOW Midwest Medical Transport, LLC (MMT Ambulance) to operate in the City 12. Resolution to EXTEND the Transmittal Date of the Planning Commission's recommendation on the proposed Amendments to the City Zoning Ordinance (CZO)to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District and AMEND CZO Section 241.2 re Short Term Rentals 13. Ordinance to ADD Article VI to City Code Chapter 31 re use of expanded polystyrene foodservice containers 14. Resolution to SUPPORT the City's 2026 Round Seven (7) Applications to the Virginia Department of Transportation (VDOT) re SMART SCALE program 15. Ordinance to AUTHORIZE temporary encroachments into a City-owned drainage and pondage easement at the rear of 528 Melrose Circle re construct and maintain a timber wharf, rip rap revetment, and maintain an existing timber bulkhead DISTRICT 8 16. Ordinance to AUTHORIZE a temporary encroachment into a City-owned property known as Treasure Canal at the rear of 2229 Spinnaker Circle re maintain two (2) existing timber floating piers, existing aluminum boat lift with timber piles, existing aluminum personal watercraft lift, remove and replace an existing timber floating pier and construct and maintain a replacement vinyl bulkhead with two return walls DISTRICT 8 17. Ordinance to APPROPRIATE $3-Million of the Open Space Special Revenue Fund Balance to the FY 2026-27 Capital Improvement Program; AMEND the scope of Capital Project#100667 "Rudee Loop Park Development"; and AUTHORIZE the acquisition of property at 310 Atlantic Avenue from 310-314 Atlantic Avenue, LLC 18. Ordinance to APPROPRIATE $516,923 from the Hurd's Cove Special Service District (SSD) Special Revenue Fund and $128,227 from private access basin funds within the FY 2026-27 Capital Improvement Program re Capital Project#100210 "Hurd's Cove Neighborhood Dredging" 19. Ordinance to ACCEPT and APPROPRIATE $6,000 from the Virginia Department of Criminal Justice Services (DCJS) to the FY 2026-27 Police Department Operating Budget re purchase Axon Fuses Core Pro L. PLANNING 1. JOHN TRAN & LIEN NGUYEN / LIEN NGUYEN NGOC-THI &JOHN TRAN for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot area and width at 1117 Beautiful Street DISTRICT 6 RECOMMENDATION: APPROVAL 2. MATTHEW &JESSICA FIRME for a Modification of Conditions to a Conditional Use Permit re home occupation at 1492 Back Bay Landing Road DISTRICT 2 RECOMMENDATION: APPROVAL 3. YOUR NOT ALONE LLC for Modification of Conditions to a Conditional Use Permit re short term rental at 207 79th Street, Suite C DISTRICT 6 RECOMMENDATION: APPROVAL 4. WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions to a Conditional Use Permit re construct a four-level parking structure at 3100 Shore Drive DISTRICT 8 RECOMMENDATION: APPROVAL 5. EMMANUEL B. PLATON / GLASSON PROPERTIES, LLC for a Conditional Change of Zoning from Conditional R-5D Residential District to Conditional 1-1 Light Industrial District & Conditional Use Permit re automobile repair garage at 3288 Dam Neck Road DISTRICT 10 RECOMMENDATION: APPROVAL 6. DIANE J DAVIS/VIRGINIA HICKORY ASSOCIATES LLP for Conditional Use Permits re adult daycare at 215 & 241 Expressway Court DISTRICT 4 RECOMMENDATION: APPROVAL 7. ANDALE GUEY TACOS LLC/ ESTELA GOMEZ/ BOWEN PROPERTY VENTURES LLC for a Conditional Use Permit re open air market at 549 Newtown Road DISTRICT 4 RECOMMENDATION: APPROVAL 8. Ordinance to AMEND City Zoning Ordinance (CZO) Sections 401, 501, 901 and 1001 re solar facilities as a conditional and accessory use in the agricultural, residential, commercial and industrial districts 9. Ordinance to AMEND City Zoning Ordinance (CZO) Section 207 re building-mounted antennas, small wireless facilities and temporary communication towers RECOMMENDATION: APPROVAL 10. Ordinance to AMEND City Zoning Ordinance (CZO) Section 203 re minimum parking requirements for residential and mixed uses RECOMMENDATION: APPROVAL 11. Ordinance to AMEND City Zoning Ordinance (CZO) Article 5 re uses and dimensional requirements in the R-2.5 Residential Zoning District RECOMMENDATION: APPROVAL 12. Ordinance AMEND City Zoning Ordinance (CZO) Section 105 re nonconforming mobile homes RECOMMENDATION: APPROVAL M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • DEFERRED COMPENSATION BOARD • GREEN RIBBON COMMITTEE • HISTORIC PRESERVATION COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. 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 July 7, 2026. I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. 2027 LEGISLATIVE AGENDA TIMELINE 3:30 P.M. Brent McKenzie, Legislative Affairs Director B. RETAIL CANNABIS UPDATE 4:00 P.M. Amanda Jarratt, Deputy City Manager Hannah Sabo, Zoning Administrator— Planning II. CITY COUNCIL LIAISON REPORTS 4:45 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 5:00 P.M. IV. CITY COUNCIL AGENDA REVIEW 5:15 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS—June 16, 2026 2. SPECIAL FORMAL SESSION —June 23, 2026 H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Dr. Judy Jankowski I. PUBLIC HEARINGS 1. Proposed Ordinance to ADD a satellite absentee location at Princess Anne Library and REMOVE the satellite absentee location of Meyera Oberndorf Central Library 2. DECLARATION AND SALE OF EXCESS PROPERTY Approximately 300 +/- acres at 2500 Tournament Drive (known as Virginia Beach National Golf Course) to Dragas Associates, Inc. PUBLIC HEARING PROPOSED ORDINANCE TO ADD A SATELLITE ABSENTEE LOCATION AT PRINCESS ANNE LIBRARY AND REMOVE THE SATELLITE ABSENTEE LOCATION AT MEYERA OBERDORF CENTRAL LIBRARY The City Council of Virginia Beach,Virginia,at its 6pm formal session on July 7,2026,will conduct a public hearing upon an ordinance to add a satellite absentee location at Princess Anne Library, 1444 Nimmo Parkway,and remove the satellite absentee location at Meyera Oberndorf Central Library. A copy of the aforesaid ordinance may be inspected in the Voter Registrar's Office, which Is located at 500 Studio Drive,Virginia Beach,Virginia,23452. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call: TDD only 711(TDD-Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing,please followthe 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 July 7,2026. 2. Download WebEx and view the meeting at: httos://vbCov.webex.com/weblin k/regist e r/r8d4b 1651a 132 7 e24193f97285c32 8207 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-JUNE 16 AND 23,2026 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Add the Princess Anne Area Library as a Location for Absentee Voting in Person and to Remove the Meyera Oberndorf Central Library as a Location for Absentee Voting in Person PUBLIC HEARING: July 7, 2026 MEETING DATE: July 14, 2026 ■ Background: On June 8, 2026, the Electoral Board voted to relocate the satellite voting site from the Meyera E. Oberndorf Central Library to the Princess Anne Library located at 1444 Nimmo Parkway. The Voter Registration and Elections Office relocated to 500 Studio Drive in February. As a result, the Pungo/Blackwater area no longer has a convenient early voting location. Given that the Central Library is located only 1.4 miles from the new Voter Registration and Elections Office, the Electoral Board determined that it would be more beneficial to close the Central Library satellite voting site and establish a new satellite location at the Princess Anne Library to better serve voters in the southern part of the City. ■ Considerations: The proposed location meets the accessibility requirements of the Americans with Disabilities Act (ADA). City ordinance requires the Director of Elections to obtain a Certificate of No Objection from the Office of the Attorney General prior to implementing any satellite voting location change. Upon receipt of the certificate, the new satellite voting location will be utilized beginning with the November election. ■ Public Information: In accordance with § 24.2-306 of the Code of Virginia, notice of the proposed polling place change will be published in a newspaper of general circulation once a week for two consecutive weeks. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Map Requested by the Local Electoral Board REQUESTED BY THE LOCAL ELECTORAL BOARD 1 AN ORDINANCE TO AMEND SECTION 10-1.1 OF THE 2 CITY CODE TO ADD THE PRINCESS ANNE AREA 3 LIBRARY AS A LOCATION FOR ABSENTEE VOTING IN 4 PERSON AND TO REMOVE MEYERA OBERNDORF 5 CENTRAL LIBRARY AS A LOCATION FOR ABSENTEE 6 VOTING IN PERSON 7 8 SECTION AMENDED: § 10-1.1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 1. Section 10-1.1 of the City Code is hereby amended and reordained to read as 14 follows: 15 16 Sec. 10-1.1. Satellite absentee voting locations; notice. 17 18 (a) As authorized by Code of Virginia § 24.2-701.2, the satellite offices to be used 19 in the city for absentee voting in person are the following locations: 20 21 Bayside Recreation Center, 4500 First Court Road. 22 23 Great Neck Recreation Center, 2521 Shorehaven Drive. 24 25 Seatack Recreation Center, 141 S. Birdneck Road. 26 27 Meyera Obem dnrf Central Library, 4100 Virginia Leash Bo ilevaFd 28 29 Kempsville Area Library, 832 Kempsville Road. 30 31 Princess Anne Library, 1444 Nimmo Parkway. 32 33 (b) The general registrar shall provide notice of such absentee voting locations at 34 the office of the voter registrar and at the voter registrar's website. Such notice will include 35 information regarding what time the location is available for in-person absentee voting 36 and other pertinent details. 37 38 2. The Director of Elections (Voter Registrar) is hereby directed to seek a certification 39 of no objection from the Office of the Attorney General using the preclearance 40 procedure provided by Virginia Code§24.2-129(D)for the satellite location change 41 authorized herein. The precinct change shall not be administered unless and until 42 the Attorney General has provided such certification or if 60 days lapses without 43 the Attorney General interposing an objection. 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: Voter Registrar i y Attorney's Office CA17258 R-1 June 24, 2026 N o r t k it r t Q 4. ATLANTIC � i4 OCEAN trio t i District 5 1 District: t '. s a p e d e 1 � t 1 NOR I'll LAVI)I` G' Rl% IR 1 Existing satellite locations Meyera E. Oberndorf Central Library Proposed new location- Princess Anne Library Voter Registration and Elections Office Please note: Locations shown are approximate. PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,July 7, 2026, at 6:00 p.m., In the Council Chamber of the City Hall-Bldg.1 at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following property should be declared in excess of the City's needs and sold to Dragas Associates,Inc. Approx. 300 acres of land and the improvements thereon, being all or portions of GPINs: 1494-52-3434, 1494-34-4919, 1494-13-7202 and 1494-03-5237, including the Virginia Beach National Golf Course,located at 2500 Tournament Drive. 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,call 1-800-828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Economic Development, 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, (757) 385-6464, ecdev@vbgov.com. 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 July 7,2026. 2. Download WebEx and view the meeting at: httos:/lybaov,webex.com/weblink/r e9is1er/r8d4 b 1651a 1327e24193f 97285c328207 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-JUNE 28,2026 qr S Fff} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring 300+1- Acres of City Property to be in Excess of the City's Needs 2) Approving the Term Sheet for the Redevelopment of Virginia Beach National Golf Course and 3) Authorizing the City Manager to Enter into a Purchase and Development Agreement for the Sale and Development of the Property to Dragas Associates, Inc. PUBLIC HEARING: July 7, 2026 MEETING DATE: Ju►y 14, 2026 ■ Background: The City of Virginia Beach (the "City") owns property located at 2500 Tournament Drive (GPINs: 1494-34-4919 and 1494-52-3434)consisting of approximately 350 acres, a portion of which is currently operated by the City of Virginia Beach Development Authority (the "Authority") as the Virginia Beach National Golf Course (the "Golf Course Property"). The City also owns land adjacent to the Golf Course Property (GPINs: 1494-13-7202 and 1494-03-5237) currently leased for farming purposes (the "Farm Property"). On October 13, 2023, the City Auditor released its audit of the Virginia Beach National Golf Course (the "Audit"). The Audit identified numerous capital and operational maintenance needs at the golf course and further identified the need for substantial investment in the golf course to prevent further deterioration of the golf course and associated facilities. After the Audit, the City received unsolicited proposals from groups led by Dragas Associates, Inc. and L.M. Sandler & Sons, Inc. seeking to purchase the Golf Course Property. After consideration of the unsolicited proposals, City Council directed staff to develop and issue a request for proposals for the sale of Virginia Beach National. On October 12, 2025, the City issued its Request for Proposals (RFP #ED-25-04) ("RFP") seeking proposals for the purchase of land consisting of a portion of the Golf Course Property, for the operation of Virginia Beach National Golf Course ("VBN") and such other uses as deemed appropriate by the proposers. After a review of all responsive proposals received, City Council directed City staff to negotiate terms with Dragas Associates, Inc. (the "Developer") pursuant to the Developer's proposal submitted in response to the RFP. Approximately 50 acres of the Golf Course Property is currently operated as the First Tee of Virginia Beach by the YMCA of South Hampton Roads (the "First Tee Property"). The First Tee Property was not included in the RFP. To ensure continued operations on the First Tee Property, an Ordinance to transfer the First Tee Property to the YMCA of South Hampton Roads will be brought for City Council's consideration at a future meeting. The Developer proposes to (i) purchase a portion of the Golf Course Property and a portion of the Farm Property, consisting of approximately 300 acres (collectively, the "Property"), (ii) refurbish and partially reconfigure VBN utilizing the existing Golf Course Property and a portion of the Farm Property, (iii) develop a maximum of 20 stay and play cottages on the Golf Course Property, (iv) develop a potential daycare facility, and (v) develop new ancillary golf amenities such as a putting course, new maintenance facility and improved clubhouse (collectively, the "VBN Project"). In addition to the VBN Project, the Developer intends to construct 659 residential units and associated amenities on portions of the Property outside of the Interfacility Traffic Area where residential uses are allowed (the "Residential Project" and with the VBN Project, the "Project"). The proposed layout of the Project is shown on the attached Location Map. Once constructed, Developer would provide for the continued operation and maintenance of all elements of the Project at its cost. City staff and the Developer have negotiated the proposed Project and have agreed, subject to the approval of City Council and City of Virginia Beach Development Authority (the "Authority"), on terms and conditions for the Project and the relative responsibilities of the City, Developer and Authority necessary to execute a purchase and development agreement, as more specifically set forth in the Term Sheet attached to the Ordinance as Exhibit A. The continued operation of the golf course was a critical element in the selection of the Developer in the RFP process. Under the terms of the Project, VBN would remain a publicly accessible golf course designed to increase local play and add to the City's sports tourism market. The City will reserve a 99-year repurchase option for the golf course land should the golf course cease to be operated as a public golf course for a period of more than 2 years. ■ Considerations: The City leases the Golf Course Property to the Authority. The Authority entered into a management agreement in 2007 with Virginia Beach Golf Club, LLC for the management and operation of VBN that expires on December 31, 2026. Recent condition assessments of VBN have disclosed significant deterioration of the golf course and clubhouse. To maintain status quo at VBN, the cost of capital repairs and maintenance is estimated to be $7.7 million. The Authority's receipts under the current management agreement are not adequate to cover VBN's capital costs. The parties anticipate that new 'but-for' tax revenue generated by the Project will reach approximately $3.4 million per year once the Project is complete. The housing component of the Project would meet the diversity and attainability goals outlined for the Courthouse Area in the Comprehensive Plan. The anticipated total costs of refurbishing the golf course to its former Pete Dye standard and of constructing the stay and play cottages is approximately $38 million. This funding consists of (i) the $17.94 million purchase price paid by Developer for the Property, which will be reinvested in the golf course, (ii) plus an additional $18.4 million also contributed by the s Developer and (ih) and $1.82 million in Authority funds, which were set aside by the Authority for golf course improvements, including upgrades to the stormwater facilities. i The City would also be responsible for payment of (i) an additional $4.3 million for infrastructure to support the VBN Project, and (ii) up to an additional $3.6 million for contingency cost overruns associated with the infrastructure elements of the VBN Project. Developer would be responsible for all other cost overruns, but could recoup up to a maximum of $10.2 million in cost overruns associated with the VBN Project. Those monies would be paid by the City from the'but-for'tax revenues generated at the Project. Approval of the sale of the Golf Course Property requires an affirmative vote of nine members of the City Council. The authorization to sell is conditioned on execution of a Purchase and Development Agreement consistent with the terms set forth in the Term Sheet attached to the Ordinance as Exhibit A. Should any terms of the transaction materially change during the development of the definitive project documents, re- authorization of the sale and transaction would also require a nine-vote supermajority of City Council E i The Farm Property was purchased as a part of the City and Commonwealth's Oceana and Interfacility Traffic Area Conformity & Acquisition Project. As such, a repayment amount (estimated to be $178,000) will need to be refunded to the Commonwealth pursuant to the Grant Agreement between the City and Commonwealth. Funding to repay the Commonwealth will come from previously appropriated funds within Capital Project 100282 "Oceana & ITA Conformity and Acquisition II." ® Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on June 28, 2026, and will be held on July 7, 2026. An open session City Council briefing was held on June 16, 2026. Public information will also be provided through the normal City Council agenda process. The Developer intends to hold additional public engagement and information sessions prior to City Council's vote. ® Recommendations:Approval. ® Attachments: Ordinance, Draft Term Sheet (Exhibit A), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development I City Manager: i ' I i li E E' LF F' I AN ORDINANCE 1) DECLARING 300+/- ACRES OF f 2 CITY PROPERTY TO BE IN EXCESS OF THE CITY'S 3 NEEDS 2) APPROVING THE TERM SHEET FOR THE 4 REDEVELOPMENT OF VIRGINIA BEACH NATIONAL 5 GOLF COURSE AND 3) AUTHORIZING THE CITY 6 MANAGER TO ENTER INTO A PURCHASE AND 7 DEVELOPMENT AGREEMENT FOR THE SALE AND 8 DEVELOPMENT OF THE PROPERTY TO DRAGAS 9 ASSOCIATES, INC. 10 11 WHEREAS, the City of Virginia Beach (the "City") owns property located at 2500 12 Tournament Drive(GPINs: 1494-34-4919 and 1494-52-3434)consisting of approximately 13 350 acres, a portion of which is currently operated as the Virginia Beach National Course 14 (the "Golf Course Property"); 15 16 WHEREAS, the City also owns land adjacent to the Golf Course Property (GPINs: 17 1494-13-7202 and 1494-03-5237) currently leased for farming purposes (the "Farm 18 Property"); 19 20 WHEREAS, on October 12, 2025, the City issued its Request for Proposals (RFP 21 #ED-25-04) ("RFP") seeking proposals for the purchase of land consisting of a portion of 22 the Golf Course Property, for the operation of Virginia Beach National Golf Course 23 ("VBN") and such other uses as deemed appropriate by the proposers; 24 25 WHEREAS, after a review of all responsive proposals received, City Council 26 directed City staff to negotiate terms with Dragas Associates, Inc. (the "Developer") 27 pursuant to Developer's proposal submitted in response to the RFP; 28 29 WHEREAS, the Developer proposes to (i) purchase a portion of the Golf Course 30 Property and a portion of the Farm Property, consisting of approximately 300 acres 31 (collectively, the "Property"), (iii) partially reconfigure and refurbish VBN, (il) continue 32 operating VBN and associated amenities as a public golf course, (iii) develop 33 approximately 659 residential units and associated amenities, (iv) develop a maximum of 34 20 stay and play cottages, (v) develop a daycare facility, (vi) develop an illuminated 18- 35 hole putting course, (vii) create two grand entrances, and (viii) develop a new golf course 36 maintenance facility to replace the existing facility (collectively, the "Project"); 37 38 WHEREAS, City staff and the Developer have negotiated the terms and conditions 39 for the proposed Project and the relative responsibilities of the City, Developer and the 40 City of Virginia Beach Development Authority ("Authority") necessary to execute a 41 purchase and development agreement, as more specifically set forth in the draft Term 42 Sheet attached hereto as Exhibit A; 43 44 WHEREAS, VBN would remain a publicly accessible golf course and the City 45 would maintain a 99-year repurchase option should the golf course cease to be operated 46 as a public golf course for a period of more than 2 years, all as set forth and defined in 47 the Term Sheet; and 48 WHEREAS, City Council is of the opinion that the sale of the Property and 49 development of the Project will support the creation of additional housing units while 50 ensuring the preservation of the golf course to the benefit of the citizens of Virginia Beach. 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 53 VIRGINIA BEACH, VIRGINIA, 54 55 1. That the Property is hereby declared to be in excess of the needs of the City 56 of Virginia Beach. 57 58 2. That the Property is authorized to be sold on the terms and conditions as 59 materially set forth in the Term Sheet, attached hereto as Exhibit A, and incorporated 60 herein. Any material change to the terms of the transaction shall require a new 61 authorization of sale. 62 63 3. That the City Manager, or his designee, is hereby authorized to execute any 64 and all documents necessary for the sale of the Property as contemplated herein, so long 65 as the documents are substantially in accordance with the terms set forth in the draft Term 66 Sheet, and such other terms, conditions or modifications as may be acceptable to the City 67 Manager and in a form deemed satisfactory by the City Attorney. 68 69 4. That the City Manager shall refund to the Commonwealth such amount 70 attributable to the Farm Property as required by the Grant Agreement between the City 71 and the Commonwealth for property acquisition around Oceana and the ITA. Funding for 72 this payment shall come from Capital Project 100282 "Oceana & ITA Conformity and 73 Acquisition II". 74 75 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 76 , 2026. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Econob6c Development CA17166 \Ivbgov,com\dfsl lapplications\citylawlcycom321wpdocs1d0111p055\0113 8766.docx R-1 6/30/2026 2 City 6-16-26 EXIUBIT A TERM SHEET PRINCESS ANNE LANDING June_2026 The City of Virginia Beach (the "City") owns approximately 300 acres used for the operation of Virginia Beach National Golf Course ("VBN") and approximately 45 acres directly adjacent to VBN, further described and defined in Section 1 below as the "Property"and depicted on Exhibit A. The City leases a portionf the Property for VBN to the City of Virginia Beach Development Authority ("Authdif"') pursuant to a lease dated October 7, 1997 (the"Lease"). Included in the Lease is approximately 50 acres, not included in the Property, operated as First Tee Virginia M ch ("First Tee")pursuant to a sub-sublease between TPC of Virginia Beach and the`� CA of South Hampton Roads ("YMCA") and an Assignment of Agreements fi-and between Authority, the City, Hampton Roads Junior Golf Foundation and th CA dated July 1' 09 (collectively X the"Sublease"). ;, ;tx. Arm .. On October 12,2025,the City issued its Re fs for Proposals(RFP#ED 25-04)("RFP") seeking proposals for the purchase of two (2)parcels of land: a portion of 2500 Tournament Drive, GPIN 14943449190000; and GPIN 14945234340000 totaling approximately 350 acres, for the operation of VBN and such`0ther uses as deemed appropriate by the proposers. After a review of all responsive proposals received,the City Council of the City of Virginia Beachdirect ,staff to attempt to negot terms with Dragas Associates, Inc. ("Developer") pu I j weloper s,proposal sub�tted in response to the RFP. Developer proposes the purcha f the Property for (i) the partial reconfiguration and refurbishment of VBN,including the clubhouse d related facilities,and(ii)the continued operation of VBN and associated aiiaenitiesas a public golf course, and (iii) the development`of approxiniately,659 residential units and associated amenities, and (iv)the deveeent of a maximum of 20 stay and play cottages,and(v)the development of a pad- ready""site for a daycare facility,and(vi)the development of an illuminated 18-hole putting course with additional enlancemeris to the practice and training facility, and (vii) the creation of�wo grand entrances, each with enhanced landscaping and large scale monument atibn'and (viii) the development of a new golf course maintenance facility to replace the exi `ing,facility (collectively, and as further defined and described below, the "Project"). The parties acknowledge that new, `but-for' tax revenue generated by the Project is expected to reach approximately $3,400,000 per year at full Project buildout. Staff and Developer have discussed the proposed Project and have agreed, subject to the approval of City Council and Authority, on terms and conditions for the Project and the relative responsibilities of the City, Developer and Authority necessary to execute a purchase and development agreement, (the "Purchase and Development Agreement") and expeditiously bring the Project to fruition (the "Transaction") in order to minimize closure of the golf course for public play. This Term Sheet is an outline of terms. Moreover,this Term Sheet is not,nor is it intended to be, an offer, an acceptance, or a binding agreement of any kind. To the contrary, this Term Sheet is only a summary of the business terms of a possible transaction, which may be agreed in principle only. Although this Term Sheet identifies many of the material issues, any possible Transaction is complex and issues may arise during the preparation and negotiation of definitive documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations to each other will only be as specified in any definitive agreements that ultimately may be developed. However,it is anticipated that the ordinance approving this Term Sheet and authorizing the sale of the property, will also authorize the City Manager to execute the final and binding Purchase and Development Agreement if there are no material changes in the business terms set forth herein. The parries acknowledge that negotiation of Purchase and Development Agreement will inherently require flexibility, and that refinements, adjustments, and evolution of the business terms set forth herein are expected and anfcipated. Should material changes to the business terms set forth herein be identified, a re-t�ed Term Sheet and/or Purchase and Development Agreement will need to be approved by City Council and executed by all of the parties. Whether a proposed change is material, thus requiring additional, formal Council approval,will be determined by the City manager i on consultation wi th the City attorney and in their sole reasonable discretion, which 'vM be exercised in good faith. Additionally,while none of the parties to this Term--,Sheet are under any obligation or duty to attempt to negotiate the Transaction or any related documentation or,if such negotiations commence, to continue such negotiations, the parties will'use their good faith efforts to negotiate the Purchase and Development Agreement in accordance with the agreed upon Term Sheet.Nonetheless;by approving this Term,Sheet;each party indicates its belief that this Term Sheet can form the basis for the Transaction and the willingness to commence negotiation and preparation of definitive documentation toward that end. 1. Pro <r The boundaiy of the Property and approximated acreages of various intended uses within it will'be determined in the Purchase and Development Agreement and refined prior to finalj to plan approvals required to accommodate the execution of any or all elements of the Project. . (a) Approximately 300 acres constituting portions or all of parcels GPINs 1494349190000, 14941372020000, and 14940352370000, including a portion of the area known as the Brown Farm, will be utilized for the continued operations of a reconfigured eighteen-hole golf course (the "Golf Course"), clubhouse, maintenance facility, associated recreational facilities,the Daycare Property(as defined below),and the Stay and Play Property (as defined below) (collectively,the "Golf Course Property"). (b) Approximately 52 acres constituting portions or all of parcels GPINs 14945234340000 and 14943449190000 will be utilized for the development of the planned residential for-sale units(the"Residential Property"). 2 (c) Approximately 6 acres of the Golf Course Property may be utilized for the development of a maximum of 20 cottages, predominantly as an accessory to the Golf Course Property (the"Stay and Play Property"). (d) Approximately 1.8 acres of the Golf Course Property, constituting portions or all of parcel GPIN 14943449190000 will be utilized for the development of a pad ready daycare site (the"Daycare Property"). (e) The proposed approximate boundaries of the Golf Course Property and the Residential Property are shown on Exhibit A, attached hereto, and are referred to collectively as the"Property". F (f) The Property does not include o approximately 50-acre parcel shown on Exhibit A as "First Tee Property". The F r" Tee Property shall be created by the City as a valid legal parcel through the Virgin Y each subdivision process prior to Settlement, as defined below, and thereafter shall be conveyed to the YMCA pursuant to the direction of City Councils. (g) The areas described in section I(a); (b), and (d) above shall be created as separate valid legal parcels through the subdivision process in the City prior to Settlement,as defined below. Developer and City or Authority shall be jointly responsible for obtaining all subdivisions necessary for the Project, wi&,a'ssociated costs split equally between them. h 2. Gener cWtion of The Protect. (a) Golf Course: An estuated $38,160,000 will be invested into the Golf Course Property as. follows: an estimated $19,760,000 from a combination of the Purchase Price ($17,940,000)and Authority'Funds ($1,820,000), defined hereinafter,will be invested in the renWvation of the Golf Course to include construction of new golf holes and associated impro-eM'ents, renovation of remaining existing golf holes, construction of a new maintenance facility, completion of deferred clubhouse repairs, and renovations of the cart paths,irrigation systems and lakes; an additional estimated$18,400,000 in private investmeri� Y c "Additional.Private Investment") will be invested to include additional clubhouse up . des and outfitting,up to 20 stay and play cottages, an illuminated 18-hole putting course,a-grand entrance at Nimmo Parkway, and course outfitting including golf maintenance equipment. (i) Course Redesign. The current 18 holes shall be redesigned to retain the style of Pete Dye, as agreed by the parties. The parties will collaborate in the redesign and agree to minimize, to the extent possible, the proximity of any of the Residential Units to the fairways or active play areas of the Golf Course. The "Course Redesign" shall include all Golf Course Property development and improvements, excluding the vertical construction of the Stay and Play Property cottages. The Course Redesign shall also include the redesign, reconfiguration, and renovation of the Golf Course and all stormwater facilities necessary to serve the Property and Project and all 3 construction to fully complete same as approved. Course Redesign will be driven by stormwater design requirements,course playability,and the parties' shared commitment to the long-term financial sustainability of the Golf Course,and as such,Developer shall have the right to relocate, reconfigure, or otherwise modify any or all golf holes or associated features in the Course Redesign, provided such modifications are consistent with the existing course design and style. (h) Clubhouse. The existing clubhouse will be renovated to improve the restaurant, locker rooms, and retail ("Clubhouse"). (iii) Additional Golf Amenities. An ated 18-hole putting course will be added, along with enhancements to the .0 g practice and training facilities (collectively,the"Additional Golf Amenities' iv Golf Maintenance Fa' . The exi(� ) � T. golf maintenance facility will be demolished and a new facility f be constructed e Golf Course Property. ` (v) Construction. 'The City a owledges tha olf Course operations will be closed during the Course Redesign fora period expected to be fifteen (15) to eighteen (18) months but not to exceed twenty-four (24) consecutive months from the time of Developer's receipt of all all permits, approvals, and inspections required for Developer to commence the Course`Redesign, exceptmg.';times necessitated by casualty, condemnation, force majeure, or other events beyond Developer's reasonable control. (b) ,Grand Entrances. Two new grand entrances will be constructed with one at the current>intersection of Tournament Drive and Princess Anne Road and the other new entrance at the intersection of Nim Parkway and West Neck Road ("Grand �i Entrances")in accordance with Section 5(e) below. . i °s A T St'a d Pla . A maximum of 20 cottages shall be constructed on the I.. nurse Pr ay-and-play cottages will be used predominantly as an accessa t amenity for ' olf: . e Property. (d) Res tial Units. Approximately 659 for-sale dwelling units with amenities to de a ch house, swimming pool, fitness center, and walking trail. The dwelling units four types of condominium units and will not exceed a density of eighteen (18) r acre of the Residential Property that is unencumbered by the Interfacility Traffic ea. Developer shall use best efforts to target two of the four residential product types to households earning under 120%of Area Median Income. (e) Daycare Property. Development of approximately 1.8 acres for a pad-ready site restricted to daycare use.Developer will develop a pad-ready site and market the Daycare Property to licensed,professional daycare providers,who will,in turn,operate the facility. The facility will be privately constructed. Daycare provider and Developer shall mutually agree upon a deal structure,options for which may include but not be limited to a ground lease,pad-ready parcel sale,build-to-suit, spec build, or traditional lease. 4 3. Purchase Price and Settlement. (a) City shall sell the Property to Developer for Seventeen Million Nine Hundred Forty Thousand Dollars $17,940,000 ("Purchase Price") with no financing contingency. The Purchase Price will be invested into the Golf Course Property as demonstrated by reasonable documentation of costs submitted prior to requesting or receiving any City funds. (b) Transfer of title and payment z e Purchase Price (the "Settlement") shall take place on or before 30 days fro,. _ oper receiving all local, state, and federal permit approvals (including rezoni ; and ivisions necessary or desirable in Developer's sole and absolute opinion a develop f the Project.Prior to Settlement, should permits be approved for th, _ ^ se Redesign or' ortion thereof, and depending on the scope and nature of any other outstanding perrmi gveloper may commence construction on the approved po n(s) of ., , Course Read gn prior to Settlement by mutual agreement with the City. '_ c �ct*on will serve to minimize the duration of the golf course closur; accommoda onal grass grow-in requirements, and facilitate a smooth operational." ` Lion. At Se ent the Purchase Price will be deposited into an interest-bearing ac scrow unt"). } (c) The Purchase an eve ee ent will contain provisions restricting any transferor conveyance of rest in part of the Property, except to t�Developer, or as m �ally agreet�m writ* Developer and the City. The parties agree to cooperate in go Kith and shall'take all WA onable and necessary steps to ensure that Developer's investm�'a in the JCourse Redesi Clubhouse, Additional Golf Amenities, and Grand Entrances i`I lly protected'and'se,cured pending transfer of title, and City and l Authority`shal not take any action,or fail to te any action,that would impair, encumber, or d'm`inish Developer's interest in the Property, the value of Developer's investment the SprIA r Developer'sright and ability to receive title to the Property. Notwithstanding the g sentence,if thing shall'prevent the City from taking actions in its municipal capacity 5 e uired or authorized by law. � d ity or Authority agrees to convey and transfer to Developer all interests in all xtures and equipment located at or used in the operation of the Property (collective) the 'W&E"), to the extent the City or Authority has title to or any colorable interest in such FF&E or if same is abandoned at the Properly by any third-party. Such conveyance shall be at no cost to Developer and delivered as part of the Purchase Price in consideration of the Developer's covenants in this Term Sheet and the Purchase and Development Agreement. 4. Developer Obligations. Developer shall be responsible for the following elements of the Project. 5 (a) Developer shall be responsible for payment of the full Purchase Price to City at closing as detailed in Sections 3 above. (b) Dragas Management Corporation, a related entity to Developer, shall serve as general contractor for the Project and all related improvements as described herein. Developer shall be responsible for submitting requests to draw from the Escrow Account (a "Draw Request") to the City or Authority, accompanied by reasonable documentation of costs incurred, no more frequently than monthly. (c) Developer acknowledges the City Co cil's 12% minority subcontractor goal and will make good faith efforts to work w _�e City to identify and use SWaM subcontractors to the extent commercially reason: e. (d) In connection with the Course 1sign Public Infrastructure Improvements, defined hereinafter, Developer sh best effo "` olicit a minimum of three (3) competitive bids for each material co onent of the woiior to awarding any contract. 5. City/Authority Obligations. City o"r Authority shall be responsible for the following elements of the Project (a) The Authority-'ctYrt �y� holds 0,000 in an account for maintenance at VBN (the "VBN Maintenance�cbount"). At settlement the Authority shall deposit the greate_ 4 . $750,000,,pr tl e balance of the VBN Maintenance Account, as well as an a iA 1,070, o the Es rw Account. To the extent the Authority receives(payments fr s the exi operator under the existing management agreement prior to Settlement,*Authority a s to apply those payments to satisfy its maintenance obligation% the Golf Course that it will add any remaining funds it retains fro much payment's to,the Escrow Account at Settlement. The sum of all funds and paymen ciated with this Section 5(a) shall be the"Authority Funds." (b) The Purchase. Price and the Authority Funds (collectively, the "Dedicaed. Project Funds") shall be held in the Escrow Account. Any interest that is earned in M10- scrow Account shall be added to the Dedicated Project Funds. or Authority shall reimburse Developer for all hard and soft costs incurred in esign and construction of the Course Redesign following a corresponding Draw equest within thirty (30) days after receipt of each eligible Draw Request and associated documentation of costs incurred. Such costs incurred prior to Settlement shall be eligible for reimbursement after Settlement, by corresponding Draw Request. (d) Inclusive in all Developer reimbursable costs described herein shall be a 10% general contractor fee paid to Developer's general contractor, Dragas Management Corporation, a related entity to Developer. 6 (e) The City agrees to provide such easements or use agreements on its property as may be needed for the performance of the Transaction and execution of the Plan of Development (as defined below) at no fee to Developer, including easements to allow the off-site enhancements for the Grand Entrance and any other signage related to the Project. The Grand Entrances may require additional area for monumentation and enhanced landscaping and,to the extent the real estate for the Grand Entrances is controlled by the City or Authority, the City or Authority will cooperate to provide required dedications,encroachment agreements,or temporary construction,perpetual maintenance, or other easements. (f) The City and Authority shall facilitate andeIt cute any right of entry agreements or authorizations necessary to provide Developer,and its agents, contractors, and representatives access to the Property for purposes due diligence, design, engineering, and construction activities related to the FOIect. ;,00j 6. Infrastructure Improvements: The i.execution of the Project may require public and franchise utility and public road improvements (collectively ,the "Public Infrastructure Improvements") that provide benefits he Golf Course Property, adjacent land owned by the City and Authority; e First Tee Property. Such improvements also support the sustainability of lori public recreation on the Golf Course Property. The Public Infrastructure Improve me hall include,but are not limited to,hard costs, soft costs, and associated general contractor s of the following: r9.s�`"7l�`�FS�� (a) Turn lanes, road 1g � e n , franchise utility relocations/improvements; sidewalks, streetscape and' dscaping improvements to Tournament Drive, a potential traffic signal at Tournament Drive and Princess Anne Road, and Project signage, excluding sigma exclu;> ly for the Residential Property. (b) Sewer ..and other a ity extensions, improvements, and decommissions required to serve the Golf Course Property,the First Tee Property, and the two (2)parcels owned by the Authority on Tournament Drive. r dv (c) To ,Mply the Virginia Public Procurement Act, the parties anticipat ' sole source ermination for the design and construction of the Public Infrastrucnproveme, 7. Deb Id Citv/Authodty Shared Obligations. —`V" (a) Public Infrastructure. City or Authority shall reimburse Developer for all hard costs, soft costs, and associated general contractor fees incurred in the design and construction of the Public Infrastructure Improvements up to a maximum of $4,300,000 (the "Public Infrastructure Cap") following proof of expenses incurred and submission of a corresponding Draw Request. Any Public Infrastructure Improvement costs incurred prior to Settlement shall be eligible for reimbursement after Settlement, by corresponding Draw Request. (b) Overages. 7 (i) In the event that Developer incurs any cost overages on the design and construction of the Course Redesign in excess of the Dedicated Project Funds, City or Authority shall reimburse Developer for all such hard costs, soft costs, and associated general contractor fees incurred up to$3,600,000(the"Project Cap")following proof of expenses incurred and submission of a corresponding Draw Request. (ii) Developer shall pay for all costs incurred in the development and construction of the Course Redesign and Public Infrastructure Improvements in excess of the Project Cap and Public Infrastructure Cap,respectively. 8. Development Plan. As a part of the negotiation definitive documents, the parties will agree on an acceptable plan of developme e Project (the "Plan of Development"). The Plan of Development will include (a) a due diligence period commne"I on e on of the Purchase and Development Agreement and expiring the later of(i) 1 ys from execution of the Purchase and Development Agreement or(ii)45 days eveloper's receipt of City's second round of commentsbn all engine W.site plans su . fled by Developer for the Project(the"Due Diligence Per' d" (b) reasonable de �.l e for comp"Ong the subdivision process needed to create the various parcels constitu `t el erty (c) reasonable deadlines.for the parties to agree on the redesign for the Golf Course; r '`AW Wo!" r (d) reasonable tleadlmes for Developer to obtain, with the City's cooperation as a contract partner, rezoning of i&Property and any necessary conditional use permits or other permits and inspections needed to execute the Project; (e) reasonable deadlines for Developer, with City's timely cooperation as property owner, to obtain, and for City, with Developer's timely cooperation as applicant, to grant, all peririts, apwals, and other authorizations for all elements of the :sue. Project. In"order to minim closure of the Golf Course, the parties will attempt to obtain all approvals by June 3 : 027. City shall facilitate cooperation with the Authority, including all ne" ary vals or authorizations for work to be completed on or adjacent to the Property. al approval of this Term Sheet by City Council,Developer and City shall agree on interim management agreement for the Golf Course operations, if necessary,to minimize closure and ensure smooth transition of golf operations, with such agreement to be effective as of the expiration or termination of the existing management agreement between the Authority and Virginia Beach Golf Club, LLC. During the term of the interim management agreement, Developer to have sole responsibility and to bear all costs for the operation and maintenance of the Golf Course and shall be entitled to retain all revenues generated at the Golf Course during that time. Developer agrees to invest an amount equal to the revenues retained in course operation, maintenance, employee retention and operational support of the Golf Course; and 8 (f) reasonable deadlines for City to terminate or facilitate mutually agreed upon changes to all agreements that may encumber or restrict the realization of the Project including,but not limited to: (i) Management Agreement for Virginia Beach National Golf Course,originally dated March 30,2007,by and between the Authority and Virginia Beach Golf Club, LLC. (ii) Ground Lease for TPC Golf Course.dated October 8, 1997, by and between the City and the Authority. { (iii) Virginia Beach National = es ommercial Sub-Lease, dated November 1, 2017, by and between Virginihach Go'��ub, LLC and VBN Restaurant,LLC. fl` (iv) Lease Agree me ated Mare26,2026 by and between the City and Land of Promise Farms Partnership term# on contemplated). (g) Settlement on the Project sh, ur on or before an agreed date, as outlined in Section 3 and when Developer has sec 1 rezonings, permits, typical inspections, and approvals necessary for the Project. r r 1'g and outside dates for stommencement of construction will be agreed on witharhes. g termination rights should these not be met. WA 9. Golf Course Propei=ly Repurchase Option. The City shall have an option to repurchase the Golf Course Property should the.property cease to be used for a publicly accessible,Golf Course for a period of more than twenty-four(24)months, excepting times A X, neede i renovation or reco4151.Ta�eure ration of the golf course in the future or necessitated by case j, condemnation,'or fo (the "City Repurchase Option"). The parties agree the public benefit ting the City Repurchase Option is the continued x= availab t f public golf in the community. (a) The;term of City Repurchase Option shall commence upon the Settlement as detailed herein and shall automatically expire and be of no further force or effect on the ninety-nine(99) year anniversary of such Settlement. The City Repurchase Option shall only apply to the Golf Course Property, excluding the Daycare Property, nor shall it apply to any of the Residential Property. (b) The repurchase price (the "Repurchase Price") shall equal the greater of the FMV or the Investment Recovery Amount, as defined below, at the time of the City's exercise of the City Repurchase Option. (i) The fair market value("FMV")of the Golf Course Property, excluding the Daycare Property and, if applicable pursuant to Section 10(a), the Stay and 9 Play Property,at the time of exercise shall be determined as follows: each parry shall select a licensed MAI-certified appraiser to provide an appraised value. If the two appraisals differ by more than ten percent(10%),the two appraisers shall mutually select a third MAI- certified appraiser, the cost of which shall be shared equally. Fair Market Value for the Repurchase Price shall be the average of the two closest appraisals. Such determination shall be final and binding on the parties. The parties agree that the property will be valued as a golf course,and value shall include the stay and play cottages and any other accessory uses and improvements, whether or not that might be the highest and best use at the time of the appraisal. (ii) The "Investment Recovery t" shall equal the sum (1) the Additional Pri ate.`fyestment multiplied by a fraction, the numerator of which is the number of year n auung`in the ninety-nine (99) year term at the time of exercise, and the denominate f which is mnety-nine (99);plus (2) future capital investment made in�a Golf Course Property, excluding the Daycare Property, after the date of,Settlement, u 'plied by a fraction, the numerator of which is the number of years remaining in the ninety-nine (99) year term at the time of the future capital investment, and the denominator of which is ninety-nine (99). Spending on repairs,or,replacements`that do not extend useful life shall not count toward future capital investment (c) Upori the occurrence of a triggering event under this Section 10,the City shall have sixty(60)days tq ect,by written notice to Developer,whether to exercise the City Repurchase Option. �r (d) The City Repurchase On shall be exercisable only if,at the time of exercise, the City has committed to" and operate a publicly accessible 18-hole golf co1A or other mutually agreeable public recreation facility on the entirety of the Golf Course'Property excluding the Daycare Property within two (2) years of the date of exercise; and shall then operate such facility for the remainder of the City Repurchase Option term. (e) The`specific terms of the City Repurchase Option shall be further defined in the Purchase;and Development Agreement. 10. Spe'ifTerms. (a) Performance Grant. Notwithstanding any other provision of this Agreement, in consideration of Developer's performance and potential advancement of funds necessary to deliver a renovated public golf course, City will reimburse Developer for any costs Developer incurs in excess of the Public Infrastructure Cap and Project Cap (each cost,a"Performance Grant Expenditure")via a performance grant(the"Performance Grant") as set forth below: 10 (i) Amount of Performance Grant. The total amount of the Performance Grant will be the lesser of(i) the amount sufficient to reimburse Developer for any Performance Grant Expenditure as inflation-adjusted pursuant to an inflation index and methodology which shall be defined in the Purchase and Development Agreement, or (ii) $10,200,000, as adjusted by inflation. The parties acknowledge this amount is the projected Incremental Tax Revenue (defined below) to be generated by the Project over three years after full residential buildout. (ii) Funding of the Performance Grant. The Performance Grant will be funded with annual appropriations approved by City uncil into the Escrow Account in an amount equal to the incremental real estate taxes' id at the Project. The incremental real estate taxes will calculated annually as the'difference between (i)the real estate taxes assessed at the Property in the fiscal year p t�,to Settlement (as the Property is publicly owned, that amount will be zero), and (ii) tount of real estate taxes paid at the Property after Settlement(the"Incremental T evenue"). The Performance Grant will be funded by the City depositing the Incremen Tax Revenue, as appropriated,in the Escrow Account commencing the first cal year following Settlement. The Incremental Tax Revenue shall be used e `lively to;t fmburse Developer for any Performance Grant Expenditure subject to inflation adjustment and Developer will be reimbursed following proof of expe s incurred and submission of a corresponding Draw Request. The parties shall execute a ance Gran reement setting forth all further details and procedures. The City's obahoo deposit tperemental Tax Revenue into the Escrow Account shall terminate at h time HIP ev er has been reimbursed for all Performance Grant Expenditures. (b) City Mairitetiance Ri i During Closure.If the Golf Course is closed to public play for more than six(6) consecutive months for reasons other than renovation or reconfiguration or necessitated by casualty, condemnation, or force majeure, the City shall have the right, but not the obligation, upon reasonable prior notice to Developer, to enter the Golf Course Property and perform such mowing, trimming, landscaping, debris removal, and related exterior grounds maintenance as the City reasonably determines necessary to keep the Golf CoinNedges " m a sightly, safe, and orderly condition (the "City Maintenance"). Developer ackno that the purpose of this right is to allow the City to protect and preserve the 'appearance, safety, operational integrity and public-facing condition of the Golf Course during any extended closure.The City's exercise of such right shall not constitute a trespass, taking, default by Developer, assumption of ownership or operational control,; or. assumption of any ongoing maintenance obligation. Any City Maintenance performed by the City shall be limited to exterior grounds maintenance and shall not include capital improvements,course restoration,structural repairs,or operational obligations. In the event that following a closure of more than six(6)months as described in this Section 10, the City does not ultimately exercise the City Repurchase Option, and the Golf Course Property remains under Developer's ownership or control,Developer shall reimburse the City for its reasonable costs incurred in performing such City Maintenance. (c) Standard of Operation of Golf Course. The standard of operation of the Golf Course will be established in the Purchase and Development Agreement. 11 (d) Compliance with laws. All development contemplated for the Project shall comply with all laws, rules and ordinances, including, but not limited to Article 18 of the City's Zoning Ordinance regarding special regulations in air installations compatible use zones. 11. Next Steps. (a) Closed session briefmg on the Term Sheet and proposed project. (b) Public Briefing on Term Sheet and proposed Project. (c) Public Hearing on proposed sale of Property to Developer. (d) Such other public engagem directed by City Council. < (e) Vote to approve: (i) Term Sheet(requires Authority vote). fir (ii) Sale of Property. (iii) Termination of Lease with :Authority (also requires Authority vote). F�k3r , ` v) Di, sition off.'. st Tee Property(may occur out of sequence before other step sn� (f) Negotiation of ` .': e documents to include a Purchase and Developi t Agreement, and if no material changes from Term Sheet to Purchase and Development Agree met emerge, then the execution of Purchase and Development Agreement shall occur,if'material changes occur, then an additional vote by City Council would be xeuired. (g) T sequence of steps set forth herein is approximate and the parties may mutually agree to ange,modify, or reorder such steps as necessary or appropriate to facilitate the Trans on. [SIGNATURES ONFOLLOWING PAGES] 12 CITY: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: Name: Title: City Manager,/Authorized Designee Attest: Date: Pplh By: 10 ; City Clerk/Authorized Designee ° .✓t3�'�� ' 'pis , APPROVED AS TO CONTENT: APPI AS TO FORM: X tt�O INF� F Economic Development f 2 F [ ATURE %MONTIN NFOLL0WING PAGE J gfik'{. K I < �e bm 190�. d 13 DEVELOPER: DRAGAS ASSOCIATES,INC., a Virginia corporation By: Name: Title: Date: :y< y'Y r AU- ORITY: ; THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a ,political subdivision of the �f Commonwealt-,of Virginia �- ame: CHAIR/VICE-CHAIR Attest: y te: f� xz By: �.. Se /Assistant retary `a ,s APPROVED AS T TENT: APPROVED AS TO FORM: Economic Development City Attorney 14 EDIT A ❑ THE "PROPERTY" THE "RESIDENTIAL PROPERTY" THE "FIRST TEE PROPERTY" ❑THE "GOLF COURSE PROPERTY" 6 Portion of �,�_ PARCkL P, � incude 't the Property > , Portio Hof > PARgL C not included in tjid Prope y 165 Portion of ` PARCEL D PARCEL a not included C in the Property PARCEL D PARCEL B o' z PARCELS PARCEL A: 14945234340000 ENTIRE PARCEL PARCEL B: 14941372020000 ENTIRE PARCEL PARCEL C: 14943449190000 A PORTION OF PARCEL,ESTIMATED ABOVE PARCEL D: 14940352370000 A PORTION OF PARCEL,ESTIMATED ABOVE 15 LOCATION MAP THE"PROPERTY" i"&N, THE`RESIDENTIAL PROPERTY" r j THE "FIRST TEE PROPERTY" THE "GOLF COURSE PROPERTY" 9 Portion of PARCEL C included`in, the Property ! Portio of PAR L G not iaduded in tbLt Prope - yes Portion of PARCEL D PARCEL not included C in the Property PARCEL D PARCEL B PARCEL A � cf PARCELS PARCEL A: 14945234340000 ENTIRE PARCEL PARCEL B: 14941372020000 ENTIRE PARCEL PARCEL C: 14943449190000 A PORTION OF PARCEL,ESTIMATED ABOVE PARCEL D: 14940352370000 A PORTION OF PARCEL,ESTIMATED ABOVE CITY OF VIRGINIA Disclosure V-6, BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. DISCLOSURESECTION 1: APPLICANT APPLICANT INFORMATION Applicant Name: as listed on application Dragas Associates, Inc 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 NoE) If yes,name Representative: Is Applicant a corporation,partnership,firm, business,trust or unincorporated business? Yes@Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary or affiliated business elitity,2 relationship with the applicant. (Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser.• KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® 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 d/o Financing(mortgage, deeds of trust, Name entityan r individual) cross-collateralization,etc.) Q Dragas Mortgage Company Real Estate Broker/Agent/Realtor 0 Dragas Companies Realty Disclosure Statement I rev. M a y-2024 page 1 of 3 continuedSECTION 1: APPLICANT DISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Q Architect/Designer/Landscape Q Tim Liddy+Associates, Inc Architect/Land Planner Construction Contractor 0 Dragas Management Corporation Engineer/Surveyor/Agent 0 Timmons Group,Inc a© Q Sykes,Bourdon,Ahem&Levy;Carney Patterson Meade PLC 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. Dragas Associates, Inc 06/10/2026 Applicant Name (Print) 4(4�Applicant S tur Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm,business,trust,or unincorporated business? YesoNoO If yes, list the names of a//officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2relationship with the applicant. (Attach list if necessary.) 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 0 No 0 If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Financing(mortgage, deeds of#rust (Name entity and/or individual), cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Q Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Drams Associatem Inc.Officers Directors.Members,and Trustees Director ••r Helen E.Dragas Officers S• Helen E.Dragas,President,CEO,and Chairwoman of the Board S• Brian Kokoska,Vice President ❖ Sally Vandergrifit,Vice President ee Lina Rollins,Treasurer t• Aretha N.White,Secretary Draws Assocfatcs,Inc.Affiliated Business Entities 757 OZ Enterprises,LC King's Pointe Associates,L.C. 757 OZ fund 1,LC Landstown Associates,LLC i• Bonney Road Associates,LLC ti Plantation Woods East,LC Branford Square,LC { Signature Holdings,LC ❖ CIC Management,Inc. ❖ Signature Partners,LC 4 Columbus Station Associates,LLC Spence Crossing Properties LC Crestfield Associates,LLC ❖ Spence Crossing Residential,Inc. Dominion Boulevard Partners, :• Spence Farm Holdings,L.C- L.L.C. ❖ Spence Properties,L.C. Dragas Acquisition,LLC •:• Springton Associates,L.C. ❖ Dragas Communities,LLC ❖ Woodlands of Chesapeake Dragas Companies ReAN Inc. Associates,L.C. r Dragas Design,L.C. Dragas Management Corporation t Dragas Mortgage Company Dragas Properties,LLC Dragas Property Management,LC ❖ Dragas Service Company Dragas VB Properties I,LC 0 Dunmore Associates,LLC Gemini Builders,Inc. S• Grayson at Centerville,Inc. ❖ Grove Development,Inc. GSW Properties H,LLC +.• GSW Properties,LLC +: Hawkins Mill,L.C. ❖ Hickory Manor Associates,L.C. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/ RESOLUTIONS 1. Ordinance to AUTHORIZE acquisition of property in fee simple and the acquisition of temporary and permanent easements, either by agreement or condemnation re Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program (HSIP) Project, CIP 100423.025 2. Ordinance to MODIFY the boundary of the Old Donation Neighborhood Dredging Special Service District (SSD) re remove one (1) property and AUTHORIZE the REFUND of SSD Levies 3. Ordinance re the Compensation of the City Manager effective July 1, 2026 (Requested by City Council) 4. Ordinance re the Compensation of the City Attorney effective July 1, 2026 (Requested by City Council) 5. Ordinance re the Compensation of the City Clerk effective July 1, 2026 (Requested by City Council) 6. Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2026(Requested by City Council) 7. Ordinance re the Compensation of the City Auditor effective July 1, 2026 (Requested by City Council) 8. Ordinance to ADD a third Student Member to the Flood Prevention Bond Referendum Oversight Board 9. Ordinance to ADD two (2) additional Student Members to the Virginia Beach Clean Community Commission 10. Ordinance to AMEND the Attainable Workforce Housing Performance (AWHP) Grant Program and AUTHORIZE certain actions in furtherance thereof 11. Resolution to GRANT a permit re ALLOW Midwest Medical Transport, LLC(MMT Ambulance) to operate in the City 12. Resolution to EXTEND the Transmittal Date of the Planning Commission's recommendation on the proposed Amendments to the City Zoning;Ordinance (CZO)to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District and AMEND CZO Section 241.2 re Short Term Rentals 13. Ordinance to ADD Article VI to City Code Chapter 31 re use of expanded polystyrene foodservice containers 14. Resolution to SUPPORT the City's 2026 Round Seven (7) Applications to the Virginia Department of Transportation (VDOT) re SMART SCALE program 15. Ordinance to AUTHORIZE temporary encroachments into a City-owned drainage and pondage easement at the rear of 528 Melrose Circle, re construct and maintain a timber wharf, rip rap revetment, and maintain an existing timber bulkhead DISTRICT 8 16. Ordinance to AUTHORIZE a temporary encroachment into a City-owned property known as Treasure Canal at the rear of 2229 Spinnaker Circle re maintain two (2) existing timber floating piers, existing aluminum boat lift with timber piles, existing aluminum personal watercraft lift, remove and replace an existing timber floating pier and construct and maintain a replacement vinyl bulkhead with two return walls DISTRICT 8 17. Ordinance to APPROPRIATE $3-Million of the Open Space Special Revenue Fund Balance to the FY 2026-27 Capital Improvement Program; AMEND the scope of Capital Project#100667 "Rudee Loop Park Development"; and AUTHORIZE the acquisition of property at 310 Atlantic Avenue from 310-314 Atlantic Avenue, LLC 18. Ordinance to APPROPRIATE $516,923 from the Hurd's Cove Special Service District (SSD) Special Revenue Fund and $128,227 from private access basin funds within the FY 2026-27 Capital Improvement Program re Capital Project#100210 "Hurd's Cove Neighborhood Dredging" 19. Ordinance to ACCEPT and APPROPRIATE$6,000 from the Virginia Department of Criminal Justice Services (DCJS) to the FY 2026-27 Police Department Operating Budget re purchase Axon Fuses Core Pro t} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Virginia Beach Boulevard Sidewalk HSIP Project, CIP 100423.025, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: June 16, 2026 MEETING DATE: July 7, 2026 ■ Background: The Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program (HSIP) project, CIP 100423.025 (the "Project") is a highway safety improvement project that consists of replacing an existing 4-foot-wide concrete sidewalk with an 8-foot- wide concrete sidewalk on the south side of Virginia Beach Boulevard. The Project extends from approximately 250 feet east of Louisa Avenue to approximately 50 feet east of North Oceana Boulevard. The Project will extend approximately 1,600 feet and will include the construction of sidewalks and Americans with Disabilities Act (ADA) ramps, as well as drainage enhancements. The Project will result in approximately 0.92 acres of land disturbance, primarily in the vicinity of the proposed sidewalk. Most improvements will be within the existing right-of-way; however, additional right-of- way and temporary and permanent easements are necessary to complete the Project. ■ Considerations: The Project will require property and/or easements from 10 privately owned parcels. No residents or businesses are expected to be displaced by the Project. ■ Public Information: A willingness to hold a public citizen's information meeting poll was closed on March 8, 2024. No resident responded, and therefore no meeting was held. An advertised public hearing will be held on June 16, 2026, and public notice will be provided via the normal Council agenda process. ■ Alternatives: Deny the Ordinance, which will delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance, Location Maps Recommended Action: Approval Submitting Department/Agency:rtment/Agency: Public Works/Real Estat nager: y �City Ma 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR VIRGINIA BEACH BOULEVARD 4 SIDEWALK HSIP PROJECT, CIP 100423.025, 5 AND THE ACQUISITION OF TEMPORARY 6 AND PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS, the Virginia Beach Boulevard Sidewalk Highway Safety Improvement 10 Program (HSIP) project, CIP 100423.025 (the "Project"), is a highway safety improvement 11 project that consists of replacing an existing 4-foot-wide concrete sidewalk with an 8-foot- 12 wide concrete sidewalk on the south side of Virginia Beach Boulevard. The Project extends 13 from approximately 250 feet east of Louisa Avenue to approximately 50 feet east of North 14 Oceana Boulevard; 15 16 WHEREAS, the Project will improve pedestrian mobility and connectivity and will 17 connect to similar sidewalk infrastructure east of North Oceana Boulevard and planned 18 improvements west of Louisa Avenue; 19 20 WHEREAS, the Project extends approximately 1,600 feet and includes the 21 construction of sidewalks and Americans with Disabilities Act (ADA) ramps, as well as 22 drainage enhancements. The Project will result in approximately 0.92 acres of land 23 disturbance, primarily in the vicinity of the proposed sidewalk; 24 25 WHEREAS, the Project improvements are largely contained within the existing right- 26 of-way; however, additional right-of-way and permanent and temporary easements are 27 needed to complete the Project, and 28 29 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 30 public necessity exists for the construction of this important public project to construct 31 sidewalk facilities to provide safer alternative transportation options within the City, to 32 improve drainage; and for other related public uses for the preservation of the safety, 33 health, peace, good order, comfort, convenience, and for the welfare of the people in the 34 City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 Section 1. That the City Council authorizes the acquisition by purchase or 40 condemnation pursuant to Sections 15.2-1901, et seq., Title 33.2 and Title 25.1 of the Code 41 of Virginia of 1950, as amended, of all that certain real property in fee simple, including 42 temporary and permanent easements (the "Property"), as shown on the plans entitled 43 "VIRGINIA BEACH BOULEVARD SIDEWALK HSIP, CIP 100423.025, PWCN-24-0028," 44 and on the acquisition plats for the Project (plats and plans collectively referred to as the 45 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, 46 Municipal Center, Building 33, 2509 Princess Anne Road, City of Virginia Beach, Virginia. 47 48 Section 2. That the City Manager is hereby authorized to make or cause to be made 49 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 5 o offer to the owners or persons having an interest in said Property. If refused, if the property 51 owners are unable to convey clear title, or if the owners cannot be identified or located, the 52 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 53 to condemn to acquire title to the Property. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 56 2026. CA17159 PREPARED: 5/15/26 R-1 \\vbgov.com\dfs 1\a pplications\citylaw\cycom32\wpdocs\d013\p057\01131087.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY \D Ct,.h 10-k�D P BL C WOR REAL ESTATE CITY ATTORNEY who • % ' ���� ��1I11tii11 �11111I1 �llllllll��� �►'� ���!■� • . • ..r Ill ■�� ����r 1�1►. ■ 1■ ■ 1 �YIRGINIA BE ee eNORFOLK , AV No I rom m■ � Ulk SIT OQ " ■ I -- Legend ■ •� �, ■ ■ `; a e ' • � � � Project ® � � ■ I 1 11 • 11 City Property ■ ■ '� HI Ell LXME11p W DR WON SITE z GREEN , oc Q �2 Z O > w w W VIRGINIA BEACHA VD .- y� 3 M � 0 �Ign Z MICHGANAVE HITESH W LP LOCATION MAP Legend � FOR VIRGINIA BEACH BOULEVARD SIDEWALK aNiOTAVE CIP 100423 Project Area 0 200 400 City Property I Feet mi u;�c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Modify the Boundary of the Old Donation Neighborhood Dredging Special Service District to Remove One Property and to Authorize the Refund of SSD Levies PUBLIC HEARING DATE: June 16, 2026 MEETING DATE: July 7, 2026 ■ Background: In the FY 2011-12 Budget Process, the City Council adopted a policy for neighborhood dredging. The policy provides the purpose and the need underlying the establishment of various special service districts. Benefits expected through the establishment of a neighborhood dredging special service district include the preservation of navigable waterways, the enhancement and improvement of storm water capacity and water quality, the protection of public recreation areas, and the protection of property within each service district. After approval of an SSD, City staff undertakes engineering and permitting activities that are a precondition to the dredging of the neighborhood channels. In its joint permit application process, Staff has been unable to permit the entire South Spur Channel, and therefore one property (4105 Cheswick Lane) does not receive the benefits of the SSD. Accordingly, the property needs to be removed from the district. ■ Considerations: The state law authorizing SSDs is predicated upon the participating properties receiving enhanced or additional services. This property will not receive the benefits of the SSD, so it needs to be removed from the SSD. In addition to removing the properties, the attached ordinance would authorize a refund of the SSD levies collected and interest to be provided based upon the City's most recent general obligation bond sale, which had a true interest cost of 3.27%. ■ Public Information: The property owner has been informed of the pending removal by letter. This item was advertised for three successive weeks in the Virginian- Pilot as is required by Virginia Code §§ 15.2-2400 and -2402.1. The advertisement dates were May 18, May 25, and June 1, 2026. Additionally, public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: f;w I AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 OLD DONATION NEIGHBORHOOD DREDGING SPECIAL 3 SERVICE DISTRICT TO REMOVE ONE PROPERTY AND 4 TO AUTHORIZE THE REFUND OF SSD LEVIES 5 6 WHEREAS, the City Council established the Old Donation Special Service District 7 (the "SSD") by ordinance (ORD-3199), which was adopted September 13, 2011; 8 9 WHEREAS, due to an inability to obtain approval in the joint permit application 10 process for the entire South Spur Channel, one property (4105 Cheswick Lane) does not 11 receive the benefits of the SSD, and such property is to be removed from the SSD; and 12 13 WHEREAS, in the City's recent general obligation bond sale, the new money 14 bonds had a true interest cost of 3.27%; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1. That the boundary of the Old Donation SSD is hereby modified to reflect the 20 removal of 4105 Cheswick Lane, GPIN 1478-91-0979-000. 21 22 2. That the parcel removed from the SSD shall be issued a refund from the Old 23 Donation Dredging Special Service District Special Revenue Fund and such refund shall 24 include interest using the amount of the City's most recent general obligation bond sale 25 compounded annually. 26 27 3. That this ordinance is effective June 30, 2026. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: City Trea!`Ijrerls Office Public Works. APPROVED AS TO LEGAL SUFFICIENCY: rney's Mice CA17230 R-1 May 6, 2026 A'il �y ` �° CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: July 7, 2026 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3.5% increase in their salary. The adopted budget for this fiscal year includes a 3.5% increase for all other full-time City employees. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2026, the annual salary of the City Manager, which is 12 currently $323,380, shall be increased by 3.5% to $334,698, and his car allowance shall 13 remain at $9,000 annually. In accordance with his contract, the City's contribution to his 14 deferred compensation account shall equal 6% of his new salary. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO LEGAL SUFFICIENCY: 27E,� 7-1--- City Attorney's Office CA 17248 R-1 June 29, 2026 \NIA B�C s'z> CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: July 7, 2026 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3.5% increase in their salary. The adopted budget for this fiscal year includes a 3.5% increase for all other full-time City employees. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2026, the annual salary of the City Attorney, which is 12 currently $280,590, shall be increased by 3.5% to $290,410; the City's contribution to his 13 deferred compensation plan shall remain at$10,000 annually; and his car allowance shall 14 remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA17249 R-1 June 29, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: July 7, 2026 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3.5% increase in their salary. The adopted budget for this fiscal year includes a 3.5% increase for all other full-time City employees. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2026, the annual salary of the City Clerk, which is currently 12 $138,210, shall be increased by 3.5% to $143,047, and the City's contribution to her 13 deferred compensation account shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA17250 R-1 June 29, 2026 '^01 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: July 7, 2026 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3.5% increase in their salary. The adopted budget for this fiscal year includes a 3.5% increase for all other full-time City employees. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 the City Council; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That, effective July 1, 2026, the annual salary of the City Real Estate Assessor, 13 which is currently $161,859, shall be increased by 3.5% to $167,524. Her car allowance 14 shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA17252 R-1 June 29, 2026 j=i€ SZ VbW CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: July 7, 2026 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3.5% increase in their salary. The adopted budget for this fiscal year includes a 3.5% increase for all other full-time City employees. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2026, the annual salary of the City Auditor, which is currently 12 $167,975, shall be increased by 3.5% to $173,854. His car allowance shall remain at 13 $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA17251 R-1 June 29, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add a Third Student Member to the Flood Prevention Bond Referendum Oversight Board MEETING DATE: July 7, 2026 ■ Background: In January 2024, at the request of the Flood Prevention Bond Referendum Oversight Board, the City Council adopted a resolution to add two high school students to their membership. During their June 11, 2026, meeting, the Board voted to request that the City Council add a third student member to the Board. ■ Considerations: This ordinance provides that the board membership shall include three high school students as nonvoting members, with each appointed to one-year terms. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department: Public Works City Manager: Ap 1 AN ORDINANCE TO ADD A THIRD STUDENT MEMBER TO 2 THE FLOOD PREVENTION BOND REFERENDUM 3 OVERSIGHT BOARD 4 5 WHEREAS, on November 2, 2021, the citizens of Virginia Beach approved a 6 referendum regarding the issuance of bonds to fund the design and construction of flood 7 mitigation measures, with 72% voting to support the bond issuance; 8 9 WHEREAS, two weeks later, the City Council established the seven-member 10 Flood Prevention Bond Referendum Oversight Board to provide citizen oversight of the 11 City's comprehensive flood mitigation program and the 21 projects listed in the bond 12 referendum question; 13 14 WHEREAS, in 2024, at the Board's request, the City Council added two non-voting 15 student members to the Board; 16 17 WHEREAS, the Board recently voted to request that the City Council add a third 18 student to their membership; and 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The membership of the Board shall include three high school students as 24 nonvoting members, with each appointed to a one-year term on a fiscal-year basis, 25 beginning July 1st and ending June 30th of the following year.A quorum of the membership 26 shall continue to be determined based solely on the number of voting members present 27 (and thus will not include the student members). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: City Attorney's Office Public Works Department CA17263 R-1 June 26, 2026 .r�,Nu°eaci Z, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Two Additional Student Members to the Virginia Beach Clean Community Commission MEETING DATE: July 7, 2026 ■ Background: The City Council created the Clean Community Commission in 2010 to advise the City Council. In 2021, at the request of the Commission, the City Council added to the Commission's membership two high school students—a junior and a senior—as voting members, with each appointed to one-year terms. During their June 16, 2026, meeting, the Commission voted to request that the City Council add two additional student members, for a total of four. Providing additional students who have a demonstrated interest in promoting a cleaner, more beautiful City and in ensuring our community's environmental vitality with the opportunity to serve as members of the Commission would benefit the City, the Commission, and the students. ■ Considerations: This ordinance provides that the membership of the Commission shall include four high school students—two juniors and two seniors—as voting members, with each appointed to a one-year term. ■ Public Information: Normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: )�� 1 AN ORDINANCE TO ADD TWO ADDITIONAL 2 STUDENT MEMBERS TO THE VIRGINIA BEACH 3 CLEAN COMMUNITY COMMISSION 4 5 WHEREAS, the City Council created the Clean Community Commission in 2010 6 to advise the City Council, and in 2021, at the request of the Commission, the Council 7 added two student members, 8 9 WHEREAS, the Commission recently voted to request that the Council add two 10 additional students, for a total of four, to the Commission's membership; and 11 12 WHEREAS, providing students who have a demonstrated interest in promoting a 13 cleaner, more beautiful City and in ensuring our community's environmental vitality with 14 the opportunity to serve as members of the Commission would benefit the City, the 15 Commission, and the students; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the Commission shall consist of 15 voting members, four of whom shall be 21 high school students—two juniors and two seniors—with each appointed to a one-year 22 term, and with appointments made on a fiscal-year basis, beginning July 1st and ending 23 June 30th of the following year. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ) 2026. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY.- City Attorney's Office Public Works Department CA17264 R-2 June 26, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Attainable Workforce Housing Performance Grant Program and to Authorize Certain Actions in Furtherance Thereof MEETING DATE: July 7, 2026 ■ Background: In 2022 the Virginia General Assembly amended the Industrial Development and Revenue Bond Act (the "Act") to allow development authorities, in conjunction with their local governing bodies, to make grants associated with the construction of affordable housing. On April 1, 2025, City Council adopted the Attainable Workforce Housing Performance Grant Program Policy (the "AWHP") to incentivize the construction of new affordable rental housing units in Virginia Beach. The AWHP partially offsets the costs associated with development and encourages reinvestment in such projects over time. In 2026, the General Assembly added § 15.2-958.4:1 to the Code of Virginia, which adds certain definitions and process requirements for making affordable housing grants. Through the AWHP, grant funds are provided to a developer based on the type and number of affordable units constructed and the incremental real estate tax generated by the development. The AWHP grant funds would only be awarded to the developer if their development meets eligibility criteria and the developer complies with the terms of the grant agreement. Staff reviewed and evaluated the AWHP and recommends certain amendments to (i) conform to the current technical requirements of the Act, and (ii) better define and clarify the guidelines, including eligibility criteria, grant amount limitations and property valuation procedures, as more particularly set forth in the proposed amended AWHP, a draft of which is attached to the Ordinance as Exhibit A. ■ Considerations: Affordable housing is a priority of the City Council. The 2024 Housing Study concluded Virginia Beach faces significant affordability challenges. A critical concern is the lack of rental units affordable to very low-income households, many of whom are employed in the city's top 10 most common occupations. The goal of the AWHP is to incentivize the construction of new affordable rental housing units in Virginia Beach, particularly for households that are at or below 50%-80% of Area Median Income. The AWHP does not rely on an appropriation of existing general fund revenues since grant funds awarded to a developer would be based on a percentage of the incremental real estate tax revenue generated by their development. ■ Public Information: All public information will be handled through the normal agenda process. The City of Virginia Beach Development Authority will consider approval of the amended AWHP at its July 14, 2026 meeting, subject to City Council approval. ■ Recommendations: Adopt the Ordinance. ■ Attachments: Ordinance; Exhibit A (Draft Amended AWHP) Recommended Action: Approval Submitting Department/Agency: Housing and Neighborhood Preservation olle�' City Manager:rk7p 1 AN ORDINANCE TO AMEND THE ATTAINABLE 2 WORKFORCE HOUSING PERFORMANCE GRANT 3 PROGRAM AND TO AUTHORIZE CERTAIN 4 ACTIONS IN FURTHERANCE THEREOF 5 6 WHEREAS, in 2022 the Virginia General Assembly amended the Industrial 7 Development and Revenue Bond Act (the "Act") to allow development authorities, in 8 conjunction with their local governing bodies, the power to make grants associated with 9 the construction of affordable housing; 10 11 WHEREAS, affordable housing is a priority of City Council, and on April 1, 2025, 12 by Resolution RES-04343, City Council adopted the Attainable Workforce Housing 13 Performance Grant Program Policy (the "AWHP"); 14 15 WHEREAS, in 2026, the Virginia General Assembly added § 15.2-958.4.1 to the 16 Virginia Code, which adds certain definitions and process requirements for making 17 affordable housing grants (the "2026 Amendment"); 18 19 WHEREAS, the AWHP incentivizes the construction of new affordable rental 20 housing units in the City of Virginia Beach by partially offsetting the costs associated with 21 development and encouraging reinvestment in such projects over time; 22 23 WHEREAS, after review and evaluation of the 2026 Amendment and the AWHP, 24 staff recommends certain amendments to the AWHP to (i) conform with the 2026 25 Amendment and (ii) better define and clarify the guidelines, as set forth on the draft 26 amended AWHP, attached hereto as Exhibit A; and 27 28 WHEREAS, City Council is of the opinion that amending the AWHP would 29 encourage the development of new affordable rental housing units in the City. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That the Attainable Workforce Housing Performance Grant Program Policy 35 is hereby amended, as set forth in Exhibit A, attached hereto and incorporated herein. 36 37 2. That the Mayor is hereby authorized to execute the amended Attainable 38 Workforce Housing Grant Program Policy on behalf of the City. 39 40 3. That the City Council requests that the City of Virginia Beach Development 41 Authority consider adopting a resolution approving and adopting the amended Attainable 42 Workforce Housing Performance Grant Program Policy. 43 44 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 45 day of , 2026. i APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Housing and Neighborhood City Attorney Preservation CA17158 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d011\p055\01138850.docx R-1 June 24, 2026 2 CITY OF VIRGINIA .�•�.,� BEACH Exhibit A Attainable Workforce Housing Performance Grant Program Policy Purpose of Program The purpose of the City of Virginia Beach Attainable Workforce Housing Performance (AWHP) Grant is to provide an incentive for applicants to construct, own, and operate new affordable multi-family rental housing units in the City of Virginia Beach. "Affordable housing" means, as a guideline, housing that is affordable to households with incomes at or below the area median income, provided that the occupant pays no more than 30% of their gross income for gross housing costs, including utilities. Affordable housing units are those units that will be rented and affordable to households with an annual income at or below 80% of the Area Median Income (AMI), adjusted for household size, as established by the United States Department of Housing and Urban Development (HUD) for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area for the applicable year of the grant period. Background To combat the affordable housing shortage,to further economic development, and specifically to incentivize the development of affordable housing across the Commonwealth, the General Assembly passed HB 1194 during the 2022 Session, and it became effective on July 1, 2022. HB1194 amended Ch.49,Title 15.2 of the Code of Virginia, known as the "Industrial Development and Revenue Bond Act," to allow local Development Authorities, in conjunction with their local governing bodies, the power to make grants associated with the construction of affordable housing. Eligible Projects • Projects must be new construction. • Proiects must either 1) have all necessary re-zoning or Conditional Use Permit approvals or 2) have had a request for a re-zoning or Conditional Use Permit heard by the Planning Page 1 of 5 Commission and scheduled for a City Council meeting. Any approval by City Council of a AWHP grant is not valid unless and until any necessary re-zoning or Conditional Use Permit for the project is approved by City Council. • Projects must be developed by a for-profit entity. • Only new multi-family affordable rental housing units that have not started construction as of a t be deteFmiR d date @Fe eligible f,,.*1,,, A.).A.1Wo GFapt.the date the project is first presented to City Council in closed session are eligible for the AWHP Grant. Multi-family rental housing is defined as 5 or more separate living units that (a) are under common ownership and financing,and (b)are offered for rent. Living units may be either in a single building, multiple contiguous buildings, or on contiguous parcels of land. • Attainable Workforce Housing Performance Grant applicants must have a demonstrable gap in project financing, as evidenced by their development and operating pro forma. • Eligible projects may be fully affordable or mixed-income,and may also be mixed-use (i.e., with commercial and residential components). • Projects that involve the demolition of existing rental housing units only to build a minimum 20%additional affordable housing units. Ineligible Projects The fellE)WiRg p eets aFe et eligibles. • Projects that involve only the purchase and/or rehabilitation of existing housing units. • Projects that have already started construction as of a to be det fined datethe date the project is first presented to City Council in closed session. • Projects that do not have a demonstrable gap in project financing as evidenced by their development and operating pro forma. • Developments that are produced by a non-profit entity that is already exempt from paying real estate taxes. Grant Award Duration and Timing: The Attainable Workforce Housing Performance Grant is for 15 years. The grant period may be extended another IS—year period for a total grant period of 30 years if the recipient complies with the capital reinvestment terms set forth below. The Attainable Workforce Housing Performance Grant period commences on 44lyJanuary 1st of the first real estate tax year following the applicant's completion of the project's construction, as evidenced by receipt of a temporary or permanent Certificate of Occupancy and ends on the last day of the 15th real estate tax year following the grant commencement date, or the 30th tax year, if the grant period is extended. Page 2 of 5 Amount and Payment: The amount of the performance grant is capped at 100% of the amount of incremental new real estate taxes to be levied and collected for improvements on the Project Site.. as determined by the City's Real Estate Assessor, with an agreed upon not-to-exceed amount to be determined and to cover the 30-year period. The size and scope of the development will impact the annual grant estimate, with a baseline assumption of 3%annual increase in property value over the life of the agreement. Each annual grant award will be determined by actual assessment growth; however, the amount not to exceed shall be based upon the previously noted assumption and documented upon execution of the grant agreement. This amount may be adjusted to reflect the percentage of residential square footage to the total gross square footage of the structure(s) and the percentage of the number of affordable rental housing units to the number of total residential rental units. A Grant amount of two (2) times the Performance Grant Percentage, up to 100% of the incremental value, is available to a qualified property when twenty percent (20%) or more of the residential units are affordable at or below 50%of the Area Median Income.The amounts subject to this increase are not subject to the amount of incremental new real estate taxes. The Attainable Workforce Housing Performance Grant is payable by the City of Virginia Beach Development Authority ("VBDA") upon proof of full and timely payment of the property's real estate tax levy for the applicable payment period and proof of compliance with all requirements of the grant agreement. The VBDA's obligations would be funded via and subject to a corresponding appropriation by the Virginia Beach City Council. Terms/Conditions for Award The recipient of an Attainable Workforce Housing Performance Grant will be required to sign a grant agreement outlining the terms and conditions of the award. The grant agreement must be signed within 30 days after approval of an award by City Council. Recipients of an award must: 1. Adhere to the project construction timeline based on the effective date of the grant agreement by submitting a plan of development within 9 months, commencing project construction within 18 months, and completing construction within 3 years-,- 2. Strive for a goal of 50% small, woman, and minority (SWaM) business participation during the construction phase of development. The recipient is required to submit to the City's SWaM Office a report detailing all expenditures with minority business enterprises and emerging small businesses-,- 3. Provide detailed updates and verifications to the City of the applicant's progress regarding the completion of the project construction and, following Project construction, of recipient's continued control, maintenance, and operation of the Project throughout the 15-30 year grant period-1 Page 3 of 5 4. Restrict occupancy and rents of the Project throughout the 15-30 year grant period according to the schedule that will be outlined in the Grant Agreement-and standards promulgated by Virginia Housing and sections 42 and 142 of the Internal Revenue Code. The maximum income and rent limits are the Multifamily Tax Subsidy Program (MTSP) and Housing and Economic Recovery Act of 2008 (HERA) Special Rent Limits and the HUD Multifamily Tax Subsidy Program (MTSP) Income Limits for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro Fair Market Rent (FMR) Area. Owners must include the cost of all resident-paid utilities,excluding phone, cable,and internet, in the gross rent charged to residents. Owners may use the utility allowances Published by the City of Virginia Beach Department of Housing or may utilize an alternative utility allowance option approved by Virginia Housing or, if not a Virginia Housing financed project, submitted to and approved by DHNP based on Virginia Housing's Utility Allowance Options and Procedures. Ongoing compliance monitoring and approvals by Virginia Housing provided to the City will serve as evidence of the recipient's compliance with the occupancy and rent restrictions. Projects that are not subject to compliance monitoring by Virginia Housing must provide an annual report in the form and format provided by the City evidencing compliance with rent and occupancy restrictions and will be subject to site inspections and file audit by the City or its subcontractors; and 5. Notify the VBDA and City of any material change in the PF9jeC*'S 4R ^^ ��2 rp oject occurring after an award is made. For projects with a 30-year performance period, the Project Owner will be required to make ae Feed ^^^a reinvestment of $10,000/affordable unit in capital iMPF9VeMeRtS i e the PFejeE Capital Improvements to ensure the ongoing upkeep and livability of all the affordable rental units prior to the 15th year of service. "Capital Improvements" are defined as expenses for systems and structures, which include the replacement and repair of HVAC, electrical, roofing, plumbing, windows, doors, elevators, and appliances. Expenses for systems and structures not listed will be approved at the discretion of the City. Any restructure in the project's financing or change in the Attainable Workforce Housing Performance Grant Agreement after an award is approved may constitute a material change in the approved application. The VBDA and the City of Virginia Beach understand the fluidity in the current housing market and intend for this program to be as flexible as possible. However, a material or substantial change in the project's financing structure may negate the approved grant award and the submission of a new application may be needed. If a new application is required, it must follow the same approval process as all performance grant applications. There is no guarantee that an Attainable Workforce Housing Performance Grant will be approved. Award Process 1. The Project Owner completes an application to include its project in the Attainable Workforce Housing Performance Grant Program. All completed applications to be Page 4 of 5 submitted to Director of Housing and Neighborhood Preservation or their designee. After receipt of the application, THeusir}g,ED/special—greup designated fer this ptFpes,e4City staff reviews internally to determine if project could qualify and to assess if additional information is needed from Project Owner. Staff could meet with Project Owner to discuss project to determine if project is eligible as a participant in the program. 2. If the project is eligible for inclusion in the program, the City Manager will brief City Council in closed session and, if directed to proceed, request the appointment of grant liaisons. Subsequently, the VBDA will be briefed in closed session on the project. 3. If not previously completed, the City will complete a study of the economic, fiscal and social impacts of the project. 4. A term sheet may be developed, in concert with the City Attorney, and presented to the City Council and VBDA for concurrence. 5. The project manager will undertake stakeholder and community input appropriate for the size and scope of the proposed project. 6. A grant agreement, setting forth all the terms and conditions of the proposed Attainable Workforce Housing Performance Grant is developed between the VBDA and the Project Owner. The grant agreement will require, among other things, that prior to payment of any funds awarded, the property subject to the grant be encumbered with recorded restrictive covenants requiring the property be used for affordable housing to the extent set forth in the grant agreement for a period not to exceed 30 vears. 7. On completion, the grant agreement will be presented to City Council and the VBDA for approval. Along with the grant agreement, a support agreement wherein the City agrees, subject to appropriation, to provide sufficient funds to the VBDA to meet its obligations under the grant agreement. Page 5 of 5 ue� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Grant a Permit to Allow an Emergency Medical Services Agency to Operate in the City of Virginia Beach MEETING DATE: July 7, 2026 ■ Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from the City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by the City Council biannually and, if issued, shall be valid for a period of two years. The City Council approved nine permits at its June 16, 2026, meeting. One agency failed to timely apply, but it has since completed its application. ■ Considerations: The attached resolution approves a permit for Midwest Medical Transport, LLC to operate within the City. The application for this firm has been received and evaluated by the Department of Emergency Medical Services (EMS)for the operation of basic and advanced life support. The permit will be effective from date of adoption through June 30, 2028. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Resolution and Disclosure Statement Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services City 17" 1 A RESOLUTION TO GRANT A PERMIT TO ALLOW AN 2 EMERGENCY MEDICAL SERVICES AGENCY TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed 8 on a biannual basis; and 9 10 WHEREAS, the City Council approved certain permits in the normal course on 11 June 16, 2026; 12 13 WHEREAS, one application for a permit renewal arrived after the previous 14 application period and approval would be required to continue operation in the City; and 15 16 WHEREAS, the Midwest Medical Transport, LLC performs services not provided 17 by the City's volunteer rescue squads, such as non-emergency inter-facility transports, 18 which include both basic and advance life support calls. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH; 22 23 1. That the City Council hereby grants a renewed permit to Midwest Medical 24 Transport, LLC. 25 26 2. That the permit shall be effective from the date of adoption of this resolution to 27 June 30, 2028. 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: L4Q---- - Emergency Medical Services t torney's Office CA17271 R-1 June 30, 2026 Rev 06-2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name � /1 _ (print) � rn ��c �e� Does the organization or any of the organization's key officers receive any of the services listed in Box-A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO BOX Box B List all company name(s)and contact SERVICE information used for the service(s) listed in Box-A. If none,indicate N/A. Accounting and/or preparation of tax Yoe ❑ returns 016 � 14 1 i Financial Services (including: banking ol institutions, lending institutions, and ❑ current mortgage holders as 4P. F /Z applicable) ©/y14Li�. All—a �v s) U Legal Services � CERTIFICATION: I certify that all of the information contained on this Disclosure Statement 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 our permit Application. X APPLICANT'S SIGNATURE 1 � lye ^ 7,-A,9 -z-- � PRINT NAME&Title DATE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Extending the Transmittal Date of the Planning Commission's Recommendations on the Proposed Amendments to the City Zoning Ordinance Pertaining to Amending the Official Zoning Map to Reduce the Oceanfront Resort Short Term Rental Overlay District, and Amending Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals MEETING DATE: July 7, 2026 ■ Background: Vice-Mayor Wilson and Councilmembers Remick, Schulman, and Henley requested amendments to the City Zoning Ordinance relating to Short Term Rentals. The amendments modify the official zoning map to reduce the size of the Oceanfront Resort Short Term Rental Overlay District and amend the Short Term Rental Parking Requirements in Section 2303 of the City Zoning Ordinance. City Council referred the amendments to the Planning Commission on April 21, 2026 for its recommendation. At the Planning Commission's June 10, 2026 hearing, the Commission voted to request additional time from the City Council to provide recommendations on those ordinances associated with amending the Official Zoning Map to reduce the Short Term Rental Overlay District. This resolution extends the deadline by an additional sixty (60) days for the Planning Commission to transmit to the City Council its recommendations concerning the two proposed amendments associated with reducing the Short Term Rental Overlay District. ■ Considerations: There is concern that the proliferation of short term rentals in portions of the current Oceanfront Resort Short Term Rental Overlay District negatively affects the City's housing stock and negatively impacts existing residential communities in the Oceanfront area. The Planning Commission desires additional time to vet the proposed ordinance amendments. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Extend the deadline for Planning Commission to transmit its recommendations to the City Council. 0 Attachments: Resolution 1 A RESOLUTION EXTENDING THE TRANSMITTAL DATE OF 2 THE PLANNING COMMISSION'S RECOMMENDATIONS ON 3 THE PROPOSED AMENDMENTS TO THE CITY ZONING 4 ORDINANCE PERTAINING TO AMENDING THE OFFICIAL 5 ZONING MAP TO REDUCE THE OCEANFRONT RESORT 6 SHORT TERM RENTAL OVERLAY DISTRICT, AND 7 AMENDING SECTION 241.2 OF THE CITY ZONING 8 ORDINANCE PRETAINING TO SHORT TERM RENTALS 9 10 WHEREAS, The City Council referred to the Planning Commission, for its 11 consideration and recommendation, two amendments to the City Zoning Ordinance, 12 pertaining to amending the official zoning map to reduce the Oceanfront Resort Short Term 13 Rental Overlay District and pertaining to short term rental parking requirements on April 21, 14 2026; 15 16 WHEREAS, the referral resolution directed the Planning Commission to transmit to 17 the City Council its recommendations concerning the amendments no later than ninety(90) 18 days after April 21, 2026; and 19 20 WHEREAS, the Planning Commission voted at their June 10, 2026 hearing to 21 request additional time from the City Council to provide a recommendation concerning 22 amendments to the Official Zoning Map and City Zoning Ordinance Section 241.2; 23 24 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 25 VIRGINIA: 26 27 That the Planning Commission have an additional sixty(60)days after the date of the 28 adoption of this Resolution to transmit to the City Council its recommendations concerning 29 the aforementioned amendments. Adopted by the City Council of the City of Virginia Beach,Virginia, on the day of , 2026. APPROVED AS TO LEGAL SUFFICIENCY: ( LdBua- (Flvt&� City Attorney's Office CA17259 R-2 June 30, 2026 Nw OE�t Ct ;2) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Article VI to Chapter 31 of the City Code Pertaining to the Use of Expanded Polystyrene Foodservice Containers MEETING DATE: July 7, 2026 ■ Background: Section 1424.3(A) of Title 10.1 of the Code of Virginia requires that all food vendors cease the use of expanded polystyrene (Styrofoam) foodservice containers as of July 1, 2025. The General Assembly extended this deadline to July 1, 2026, in the 2024-2026 Appropriation Act (Item #362(C)). Violation of the prohibition will subject the vendor to a civil penalty of$50. Subsection B of 1424.3 authorizes the City to grant a temporary exemption from this requirement upon the showing by a food vendor that compliance with the above requirement would impose an undue economic hardship on the food vendor. ■ Considerations: The attached ordinance establishes a process for a food vendor to request a temporary exemption from the prohibition on the use of expanded polystyrene containers. Such a request requires the vendor to establish that compliance with the prohibition would cause an "undue economic hardship" for such business. Any such exemption would be limited to one year, and the vendor may apply for an extension prior to the expiration of the exemption. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the City Manager City Manager: 1 AN ORDINANCE TO ADD ARTICLE VI TO CHAPTER 2 31 OF THE CITY CODE PERTAINING TO THE USE 3 OF EXPANDED POLYSTYRENE FOODSERVICE 4 CONTAINERS 5 6 WHEREAS, Section 1424.3(A) of Title 10.1 of the Code of Virginia requires that all 7 food vendors cease the use of expanded polystyrene (Styrofoam) foodservice containers 8 as of July 1, 2025; and 9 10 WHEREAS, the General Assembly extended this deadline to July 1, 2026, in the 11 2024-2026 Appropriation Act (Item #362(C)); 12 13 WHEREAS, Section 1424.3(B) authorizes the City to grant a temporary exemption 14 from this requirement upon the showing by a food vendor that compliance with the above 15 requirement would impose an undue economic hardship on the food vendor; 16 17 WHEREAS, the City Council finds it appropriate to delegate the administration of 18 such exemptions to the City Manager; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 1. Article VI is hereby added to Chapter 31 of the City Code to read as follows: 24 25 ARTICLE VI: EXPANDED POLYSTYRENE FOOD SERVICE CONTAINERS 26 27 Sec. 31-80. — Definitions. 28 29 "Expanded polystyrene food service container" means a rigid single-use container 30 made primarily of expanded polystyrene and used in the restaurant and food service 31 industry for serving or transporting prepared, ready-to-consume food or beverages. 32 "Expanded polystyrene food service container" includes plates cups bowls trays and 33 hinged containers but does not include packaging for unprepared foods or packaging, 34 including in a cooler, used in the shipment of food. 35 36 "Undue economic hardship" means a situation in which (i) a food vendor has no 37 reasonable alternative to the expanded polystyrene food service containers in use by that 38 food vendor and (ii) compliance with Section 31-81 would cause significant economic 39 hardship to that food vendor. 40 41 Sec. 31-81. — Prohibition. 42 43 On or after July 1, 2026, no food vendor shall dispense prepared food to a 44 customer in an expanded polystyrene food service container. Any person who violates 45 this prohibition shall, upon a finding to the circuit court be assessed a civil penalty of$50 46 for each day of such violation.Any civil penalty assessed pursuant to this section in a civil 47 action brought by the City shall be paid into the treasury of the City. 48 49 Sec. 31-82. Exemption. 50 51 Any food vendor may request from the City an exemption from the provisions of 52 Section 31-81 by application to the City Manager on a form provided by the City. The City 53 Manager may grant such exemption upon a finding that compliance with Section 31-81 54 would impose an undue economic hardship for such food vendor. The exemption may 55 be granted for a period of not more than one year from the date of the exemption. A food 56 vendor granted such an exemption may reapply for an extension of the exemption before 57 the expiration of the exemption, and the City may -grant an additional exemption from the 58 provisions of Section 31-81 not to exceed one year for each such reapplication if the food 59 vendor demonstrates a continuing undue economic hardship at the time of reapplication 60 to the satisfaction of the City Manager. A denial of an exemption or extension of an 61 exemption may be appealed to the City Council upon a written notice of such appeal 62 within 10 days of such denial. The decision of the Citv Council in such appeal shall be 63 final. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a 0- City Manager's Office QC y n ' e CA17269 R-1 June 29, 2026 N1 h'4y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's 2026 Round Seven Applications for the Virginia Department of Transportation SMART SCALE Program MEETING DATE: July 7, 2026 ■ Background: The Virginia General Assembly passed legislation in 2014, requiring the development of a prioritization process directing the Commonwealth Transportation Board (CTB) to develop a scoring process for project selection. Virginia's SMART SCALE program uses scoring criteria to prioritize transportation projects for HB1887 funding to ensure the best use of limited tax dollars. The SMART SCALE process evaluates projects on the following five weighted criteria: Congestion Mitigation (45%), Safety (15%), Accessibility (25%), Environmental Quality (10%), and Economic Development (5%). The Land Use factor is used as a multiplier on all other benefits. Resiliency is also given consideration; however, it is not factored into the score. SMART SCALE is a grant program with funds only available on a reimbursement basis. If awarded, these funds would be available in FY 2032 and FY 2033. Based on the SMART SCALE evaluation measures, the following five (5) transportation projects have been identified as candidate projects for SMART SCALE Round 7 funding. These five projects were presented to the City Council for consideration at the February 24, 2026, informal session. 1. Laskin Road Phase III (Council District 6) (Phillip Avenue to Republic Road) — This is an existing project within the most recently adopted CIP that widens Laskin Road from four to six lanes by absorbing existing service roads east of Phillip Avenue. Roadway improvements include converting the Regency Drive intersection to a Continuous Green-T, upgrading traffic signals, widening outside lanes to accommodate on-road cyclists, and constructing exclusive turn lanes. The project includes the construction of a total of three directional medians at the intersections of Phillip Avenue, Victor Road, and the Eastern Promenade Shopping Center entrance. Pedestrian improvements include the installation of a 5-foot-wide sidewalk along eastbound Laskin Road and a 10-foot-wide shared-use path along westbound Laskin Road. Walkways incorporate accessible crosswalks, ADA- compliant ramps, and pedestrian signals. The project also includes public transit upgrades to four existing bus stops with new bus shelters. Laskin Road Phase III is the westernmost segment of the City's planned Laskin Road improvements. Phase III connects to the completed Laskin Road Phase 1A project (Capital Project 100242) at Republic Road. The estimated Total Project Cost is approximately $59.1 million. The City will request $27.6 million in SMART SCALE FY32-FY33 funds to fully fund the project. $31.5 million of Regional Surface Transportation Program (RSTP) funds are already programmed on the project FY27 — FY31. 2. Lynnhaven Parkway at Potters Road and 1-264 Eastbound Ramps (Council District 3) — This new project proposes intersection improvements at Potters Road and the 1-264 Eastbound Ramps, per the VDOT Strategically Targeted Affordable Roadway Solutions (STARS) Lynnhaven Parkway Corridor Study. The study is being evaluated and presented as part of VDOT's Six-Year Improvement Program, which is a VDOT-specific planning framework. At the intersection of Lynnhaven Parkway and Potters Road, the project provides an additional northbound through lane by widening the roadway to the west. The westbound shared through/left-turn lane from Potters Road is converted to a through lane, and the existing westbound left-only lane is maintained to provide protected-permissive phasing. On Lynnhaven Parkway, the southbound left-turn lane shifts west to accommodate the conversion of the northbound through/right-turn lane to a right-only turn lane onto the 1-264 eastbound ramp. Traffic upgrades include two signal mast arm replacements. Pedestrian improvements include the installation of crosswalks and pedestrian signals on the northbound and eastbound approaches, and the installation of ADA- compliant curb ramps on three corners of the intersection. New pavement markings and signage direct drivers to the correct travel lane for 1-264 eastbound or westbound ramp access. The estimated Total Project Cost is approximately $4.4 million, and the City will request the full amount in SMART SCALE FY32-FY33 funds. 3. Pacific Avenue Left-Turn Lane at 22"d Street (Council District 6) — This existing project includes installing a dedicated left-turn lane on northbound Pacific Avenue at 22"d Street. Improvements will stretch between 20th and 23rd Street including modifying the existing traffic signals and adding pedestrian refuge islands across Pacific Avenue at 21st Street and 22"d Street. If awarded, a new capital project would be established, and the requested SMART SCALE funds would go toward right-of-way acquisition and construction of this portion of the overall Pacific Avenue project. The estimated Total Project Cost is approximately $17.9 million. The City will request $10 million in SMART SCALE FY32-FY33 funds. Public Works is requesting a local match commitment of $7.9 million, if awarded, to be programmed in future budgets. 4. Thalia Creek/1-264 Pedestrian Bridge (Council Districts 3,4) — This new project is Phase VI of the Thalia Creek Greenway Master Plan, which includes a 14-foot-wide shared-use path that ties into the existing sidewalk on Bendix Road. The path continues east onto an elevated timber pathway. The timber pathway connects to an incline structure before turning south onto a pedestrian bridge that crosses over 1-264 and South Boulevard. South of the pedestrian bridge, a switchback ramp allows users to directly access the existing sidewalk at Mount Trashmore Park. The project includes ADA-compliant curb ramps, pedestrian lighting, and landscaping along the path and bridge structures. This project bridges a connectivity gap between the City's Pembroke Strategic Growth Area and surrounding communities south of the interstate. The estimated Total Project Cost is approximately $49.3 million, and the City will request the full amount in SMART SCALE FY32-FY33 funds. 5. Virginia Beach Trail Phase III (Council District 3) (S. Plaza Trail to London Bridge Road)—This project constructs a 14-foot-wide asphalt shared-use path with a 2-foot-wide crushed stone shoulder on each side from South Plaza Trail to London Bridge Road within the former Norfolk Southern railroad alignment that is currently owned by the City. A portion of the trail runs parallel to South Lynnhaven Road and turns north along Lynnhaven Parkway to return to Southern Boulevard towards London Bridge Road. The project includes at-grade pedestrian crossing improvements, lighting, security, and landscaping along the corridor, and a 16-foot-wide pedestrian bridge over London Bridge Creek. This phase ties into the Birthplace of America Trail and remaining phases of the Virginia Beach Trail: Phase II (planned) and Phase IV (funded via SMART Scale Round 6). This trail serves as a commuter route that connects adjacent established neighborhoods to businesses, jobs, and the second largest commercial center in the City, encouraging revitalization of the area and trail-oriented development along the corridor. The estimated total project cost is approximately $27.2 million, and the City will request the full amount in SMART SCALE FY32-FY33 funds. The total local funds commitment, if all five projects are awarded SMART SCALE funding, is $7.9 million. The five projects are summarized in the table below. TOTAL SMART PREVIOUSLY LOCAL LOCAL% PROJECT PROJECT SCALE PROGRAMED COMMITMENT OF TOTAL COST REQUEST FUNDS REQUEST Laskin Road Phase III $59.1 M $27.6 M $31.5 M - - Lynnhaven Parkway at Potters Road and 1-264 $4.4 M $4.4 M - - - Pacific Avenue at 22nd $17.9 M $10 M - $7.9 M 44.1% Street Turn Lane Thalia Creek/ 1-264 $49.3 M $49.3 M - - - Pedestrian Bridge Virginia Beach Trail $27 2 M $27.2 M - - -Phase III TOTAL $157.9 M $118.5 M $31.5M $7.9 M 5.0% ■ Considerations: The SMART SCALE Program is a grant program, and funds are available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. Per a CTB Resolution in December 2016, local project funds are expended first, and then the SMART SCALE funds. All surplus SMART SCALE funds at the completion of the project revert back to the overall State SMART SCALE fund. ■ Public Information: The five projects identified above were presented to City Council for consideration at the February 24, 2026, informal session. Additional public information will be handled through the normal Council Agenda process. ■ Attachments: Location Maps (5), Resolution, CIP Detail Sheets (2) Recommended Action: Approval Submitting Department/Agency: Public Works Department — Engineering City Manager: 1 A RESOLUTION IN SUPPORT OF THE CITY'S 2026 2 ROUND SEVEN APPLICATIONS FOR THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION SMART SCALE 4 PROGRAM 5 6 WHEREAS, the City is eligible to submit applications through the Virginia 7 Department of Transportation's SMART SCALE program for consideration based upon 8 an objective score in the areas of Congestion Mitigation, Safety, Accessibility, 9 Environmental Quality, and Economic Development; 10 11 WHEREAS, requested SMART SCALE revenue reimbursement can be up to 12 100% of the total project cost, although the locality's ability to contribute to the 13 submitted project is a factor in the award process; 14 15 WHEREAS, the City's highest priority improvement projects that meet the 16 eligibility for funding are: Laskin Road Phase III, Lynnhaven Parkway at Potters Road 17 and 1-264 Eastbound Ramps, Pacific Avenue Left-Turn Lane at 22nd Street, Thalia 18 Creek/1-264 Pedestrian Bridge, and Virginia Beach Trail Phase III. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 1. The City Council of the City of Virginia Beach hereby affirms its support for 24 the following five project applications to the Virginia Department of Transportation's 25 SMART SCALE Program: 26 27 a. Laskin Road Phase III 28 b. Lynnhaven Parkway at Potters Road and 1-264 Eastbound Ramps 29 C. Pacific Avenue Left-Turn Lane at 22"d Street 30 d. Thalia Creek/1-264 Pedestrian Bridge 31 e. Virginia Beach Trail Phase III 32 33 2. The required local matching funds will be provided with allocations of local 34 funding in the City's Capital Improvement Program Budget. The local match for each of 35 the following projects will not exceed the following amounts: 36 37 a. $0 for Laskin Road Phase III 38 b. $0 for Lynnhaven Parkway at Potters Road and 1-264 Eastbound 39 Ramps 40 C. $7,900,000 for Pacific Avenue Left-Turn Lane at 22"d Street 41 d. $0 for Thalia Creek/1-264 Pedestrian Bridge 42 e. $0 for Virginia Beach Trail Phase III 43 44 3. The City Manager is hereby authorized to execute on behalf of the City of 45 Virginia Beach all necessary project agreements for project development and 46 construction. 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: -atn zso�K — z / udget an anagement Services t r y's Office CA17266 R-1 June 24, 2026 ___ _ _ - _. chi �a o EDWARDCT rn � m 101 �j _-mot ._ W E Z SITE r y 0`2 -o _ i I �% Z•ro_ ECT 1 rt1 a 11 l X k- , I �..l Pare � \-pSKIN RDA 1 M 1 1-264 2�A $ KING t, VIRGfNiA BEACH BLVD JOHN CT o L NORFOLK o o AV - THOMAS LN=`= • �.- m o z � p '.KING HENRY _ -- 1 y rp m CT �o STEVE LN o' LOCATION MAP SCALE 1"=9000' m � n V v'o, CT �� G � � KAREN KIN w s� '.. `_•..• I 1 , _ 1 n ��° • CHARGES CT -> LA PROMENADE r SHOPPING CENTER REGENCY HILLTOP SHOPPING CENTER �� R r L �. � .�� ,, Legend Q F sy PROJECT LIMITS LU PROPERTY LINE EgSTW00D VILLA`�D,p SANDYVILLE DR �� `w ' BUILDINGS w Q o SIDEWALK w x MANOR CT ' PARKING LOT J .-........_...w - t° o # ' ROADWAY WATER z LOCATION MAP - � LASKIN ROAD PHASE III CIP 100243 0 400 800 t i I Feet Prepared by JCSIP.W Eng.\Survey Bureau106-09-2026 Xi�Surveys c rs FrojectsNEngineening upport gen a Maps Smart Scale Agenda Maps1260194 Smart Scale Round TSmart Scale Round 7.aprx J W {`TY rfi� tQ W E VIRO�6`vp C �p 00 gEp,CN S 1-264 PO HERS RD SITE ) F— r o r" � 0 o rn f� 0 Hod �" j0p z ZZ64 �y LOCATION MAP SCALE 1"=9000' y a J (� O S LYN Legend 4 i PROJECT LIMITS ❑ PROPERTY LINE BUILDINGS 1 SIDEWALK LOCATION MAP PARKING LOT LYNNHAVEN PARKWAY AT POTTERS ROAD ROADWAY AND 1-264 EB RAMPS 0 100 200 WATER ' r ' Feet Prepared by JCS\P W.Eng.lSurvey Bureau106-09 2026 X 1Surveys\PROJECTSWrcGis ProjectslEngineering Support\Agenda Maps Smart Scale Agenda Maps\260194 Smart Scale Round?\Smart Scale Round 7.aprx f { SST W XA- �PSK�N�O 22ND �'' `1�---� � 'Il � �ti S SITE '� '0 o 1-264....t 1264'S� VIRBLVD—NORFOLKAV t _ 13 LOCATION MAP SCALE 1"=9000' S'� �L _,23RD S� f ri d SN �- - y ' 0 2A5'�'112 0 J1 - 1 f Legend \ i PROJECT LIMITS ` i PROPERTY LINE BUILDINGS ❑ SIDEWALK LOCATION MAP ❑ PACIFIC AVENUE LEFT-TURN LANE PARKING LOT AT 22nd STREET ROADWAY CIP 100673 0 200 400 WATER .� Feet Prepared by JCS\P.W.EngSSurvey Bureau106-09-2026 X:1Surveys\PROJECTS\ArcGis Projects\Engineering Support\Agenda Maps Smart Scale Agenda Maps\260194 Smart Scale Round?\Smart Scale Round 7.aprx W \ Roy =o ` -� ,-_ a Gtit� N �,r K Z N L�S0 = S FI W E z-VIRGINIA gF,CH BIND Q�P U 1264 O cn - kTE, Cn s Rp F�CF �'o LOCATION MAP SCALE V=9000' ~BENDIX Rp I _ . E 17264 —SOUTH_BLVQ ---___ — Legend PROJECT LIMITS PROPERTY LINE _— _., ;_,_..,—_ BUILDINGS MTTRASHMORE PARK Z���`� SIDEWALK 1 L A PARKING LOT LOCATION MAP ❑ ROADWAY THALIA CREEK/I-264 PEDESTRIAN BRIDGE 0 200 400 WATER I I Feet Prepared by JCS\PW.Eng.\Survey Bureau106-09-2026 X:\Surveys\PROJEGTSWrcGis Projects\Engineering Support\Agenda Maps \Smart Scale Agenda Maps\260194 Smart Scale Round 7\Smart Scale Round 7.aprx 0 '..S NO .. ' WWI IN . • U ' . ' r'L., ""� ♦mot,n�•sfi� f _ � ®milli e��♦��S�� � 1 �.��� � ,� .•.t ��.. airf�-...gam ..-.___ �t►.�,4,�� FF "' '' *.dJ�`w'a•�. ffffllf-ten► �` � 1. xrrreAri+••�«filifiJJA�� _ iiii�l�t .�'���j® >f��, � ��� M�•p.�•a 3tifJlffA°~ � �: ` ra1'fliififli..a. ls"•/ •:asRom ., �'` ,• , • i ♦ ♦♦ --�,un- -i . ... f�� Icy �• �� .d � �f f�dd � ' � � • •'R•:�i������ • ♦ ...-, � ` �. � i . l��F�"���' ♦ tilt �1 �.z3u s.•. ' � 1��y1/1 ...71� t 1f � •• / �i��\���11N�A1i �� l �r ♦� sir i��yy'*` f�l/Il��iNJt/CIO mw 0-0 it Legend PROJECT LIMITS PROPERTY LINE WR I'Ato - 'a BUILDINGS ��''�r ,�+`$,,'+�,'��` '�,sue*•+• � 1 111 Wo LOCATION J • ROADWAY • l BEACH TRAIL PHASE III pj*}M I II III WATER '1. ~ hif•0 City of Virginia Beach FY 2027 through FY 2032 Capital Improvement Program Project: 100243 Title:Laskin Road Phase III Status:Approved Category:Roadways Department:PUBLIC WORKS Ranking:13 Project Type Project Location Project Type:New Facility Construction/Expansion District:6 Programmed Funding Programmed Appropriated I Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 31,503,154 0 3,227,150 4,401,889 4,965,715 9,233,2751 9,675,125 0 25,993,858- Description and Scope This project is for construction of a six-lane divided highway with bike accommodations from Republic Road to just west of Phillip Avenue,a distance of approximately 0.7 miles.The existing service/feeder roads along Laskin Road from Regency Hilltop to Republic Road will also be removed with this project. Aesthetic improvements,such as landscaped median and verge areas,will be provided to enhance the roadway corridor. Purpose T e current tra311=iurne ior tr1is segment excee s 28,800 ve ices per ay.Wit out t is project,t e roa wi ecome more congeste as eve opment along this corridor continues,limiting access to and from the Oceanfront.This project will complete the improvement of the Laskin Road corridor from 1-264 to the Resort Area.This project is included in the City's Master Transportation Plan. History and Current Status This project first appeared in the FY 1994-95 CIP as a proposed VDOT project.It was reintroduced with the FY 2000-01 CIP after being accepted into the state construction program.By the FY 2002-03 CIP,it was shown as requested but not funded due to VDOT budget restrictions and remained in this status until FY 2006-07,when it went dormant.This project was reintroduced in the FY 2017-18 CIP and money was budgeted for preliminary design.Local funding previously programmed was reallocated to other roadway capital projects in the FY 2020-21 CIP.In the FY 2021-22 CIP,Laskin III was awarded Regional Surface Transportation Program(RSTP)funds for FY 2026-27 and FY 2027-28.The cost estimate was based on the recent grant applications,with costs included for federal provisions. Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Design 07/26-07/30 4,843,796 TNGM>g`" Site Acquisition 08/28-08/29 908,005 Utility Adjustment 08/29-08/30 3,886,732 Construction 10/32-10/34 39,506,322 W CSTMINSTCR IN STCvi LN Contingencies 07/26-10/34 8,352,157 S f KAMEN IN Total Budgetary Cost Estimate; 57,497,012.00 n ° a Means . iGa f Financing Funding Subclass Amount State Contribution 6,300,631.00 Local Funding 0.00 ,100243 Federal Contribution 25,202,523.00 �4 ti Total Funding: 31,503,154.00 OCC'S'. y+�04 ENG1.1'�Ct. F�O O �A� Y City of Virginia Beach FY 2027 through FY 2032 Capital Improvement Program Project:100673 Title: Pacific Avenue Turn Lanes Status:Approved Category:Roadways Department:PUBLIC WORKS Ranking:31 Project Type Project Location Project Type:New Facility Construction/Expansion District:6,5 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 3,000,000 3,000,000 0 0 0 0 0 0 30,030,563 ScopeDescription and This project will install left-turn lanes on northbound and southbound Pacific Avenue at 17th Street as well as a left-turn lane on northbound Pacific Avenue at 22nd Street. Estimates include all road work,new signals,tie-ins to accommodate left-turns,and pedestrian improvements. Purpose Ttie purpose oi t is project is to insta new a -turn apes a ong Paci is Avenue at 17tn Street an 22n treet. Current y, a -turn movements at t ese two intersections are accommodated by use of a combined straight and left turn lane.This causes congestion as vehicles que behind vehicles waiting to make a left turn and well as safety concerns due to motorists merging into the right through lane to avoid waiting behind a left-turning vehicle. Installing dedicated left-turn lanes will improve safety and congestion. History and Current Status This project first appeared in the FY 2024-25 CIP.The project received a total of$3m in Carbon Reduction Program Funds Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Design 02/26-11/28 3,000,000 Site Acquisition 08/32-07/34 11,487,847 Utility Adjustment 10/35-09/37 1,195,165 Construction 10/35-09/37 11,842,457 Contingencies 02/26-09/37 5,505,094 1 cTH tit Total Budgetary Cost Estimate: 33,030,563.00 Means of Financing dat> Funding Subclass Amount State Contribution 600,000.00 Local Funding 0.00 • 100673 Federal Contribution 2,400,000.00 1,TH s Total Funding: 3,000,000.00 °z i NTH 5T .t V FONP 9CPGH B�yO n^ GTH ST II T TTH ST "r` 44 T 2TM gT g . HORFOLN PV[ .... -. Nu�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a City-owned Drainage and Pondage Easement Located at the Rear of 528 Melrose Circle MEETING DATE: July 7, 2026 ■ Background: Richard E. Dovel and Noret H. Dovel (collectively, the "Applicant") request permission to construct and maintain a timber wharf, a rip rap revetment, and to maintain an existing timber bulkhead (collectively, the "Temporary Encroachments"), into a City-owned drainage and pondage easement, located at the rear of 528 Melrose Circle (GPIN: 1497-08-6583). ■ Considerations: City staff reviewed the Temporary Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned easement which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:/" 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A CITY-OWNED DRAINAGE 5 AND PONDAGE EASEMENT LOCATED AT THE REAR 6 OF 528 MELROSE CIRCLE 7 8 WHEREAS, Richard E. Dovel and Noret H. Dovel (collectively, the "Applicant"), 9 request permission to construct and maintain a 8' X 16' timber wharf, 162 linear feet of 10 granite quarry stone rip rap revetment, and to maintain an existing 162' timber bulkhead, 11 (collectively, the "Temporary Encroachment") into a City-owned drainage and pondage 12 easement, located at the rear of 528 Melrose Circle (GPIN: 1497-08-6583); and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 15 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 16 City's property and easements subject to such terms and conditions as Council may 17 prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 23 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, their heirs, assigns and 24 successors in title are authorized to construct and maintain the Temporary Encroachment 25 within the City's easement as shown on the map entitled: "EXHIBIT `A' - 26 ENCROACHMENT REQUEST FOR PROPOSED RIP RAP REVETMENT AND TIMBER 27 WHARF FOR: RICHARD E. & NORET H. DOVEL 528 MELROSE CIRCLE, VIRGINIA 28 BEACH, VA 23452 KINGS GRANT SECTION 2 LOT 204, M.B. 51, PG. 30," Scale: 1" _ 29 40', dated May 28, 2025, prepared by Stone Green Consulting, LLC, a copy of which is 30 attached hereto as Exhibit "A" and on file in the Department of Public Works and to which 31 reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 34 subject to those terms, conditions and criteria contained in the agreement between the City 35 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 36 been presented to the Council in its agenda and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Richard E. Dovel and Noret H. Dovel, and the City Manager or his authorized 44 designee execute the Agreement. 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: P BLIC WO S / REAL ESTATE CITY ATTORNEY CA17025 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d012\p055\01113308.doc R-2 Prepared: May 28, 2026 DOVEL ENCROACHMENT EXHIBIT LAKE FOREST LOT NOW OR FORMERLY N81-23'4p„E M.B. 51,PG.30 DAVID L.&KATHRYN A.PARSONS / S �_�--- 174.38, GPIN: 1497-08-61 19 LOT 206 DEED BOOK:3947 PG. 1623 f NOW OR FORMERLY �� M.B. 51,PG.30 KINGS GRANT COMMUNITY 3 j LEAGUE INC. t� GPIN: 1497-08-4387 NI �` EASEMENT FOR DRAINAGE AND — ''`�\ 2s�, M.B. 51, PG. 30 N PONDAGE TO ELEVATION 6.S' D.B.838 PG.387 � \j. M.B. 51,PG.30 162.1'WIDTH \�\ OF RIP RAP PROPOSED 8 X16' 01 s110 00 TIMBER WHARF _ —103'—_ EXISTING TI 4S' / MBER BULKHEAD \ EXISTING BULKHEAD IS PROPOSED 162 LF OF GRANITE i THE LIMIT OF THE ,�, QUARRY STONE RIPRAP , EASEMENT(APPROXIMATE (RIP RAP TO TERMINATE AT ELEVATION OF 7.0') m G� PROPERTY LINE) ��--�•••� / ui LOT 204 NOW OR FORMERLY RICHARD E.&NORET H.DOVEL , /� LOT 205 LOT 203 \y GPIN: 1497-08 6583 ��a NOW OR FORMERLY a Z DEED: BOOK 4238 PG. 709 /��e MARK H.&LAURA J.RICKMAN NOW OR FORMERLY q� CHRISTOPHER J.DAVIES l '��m� M.B.51,PG.30 GPIN: 1497-08-5577 GPIN: 1497-08-7589 ��� iz``ti� INST:20070205000167910 INST:202403044351 vo� ` ,� M.B.51,PG.30 M.B.51,PG.30 2,� � (o VP •� ,�,_� Q y, Digit ly signed by Se Gre n / DN:CN=Sean n, cl c-' SEAN E. GREEN 3�'E gr non �an.� / Lic. No. 0402064005 m,G=Sean,SN=Green C=US( ate:2026.02.23 21:5 -051w) P(F) / MELROSE CIRCLE 50'RIGHT-OF-WAY ZONAL E M.B.51, PG_30 94.3'TO KINGS GRANT RD CURVE I RADIUS I ARC LENGTH I CHORD LENGTH CHORD BEARING I DELTA ANGLE Cl I 50.0' 1 42.27' 1 41.02' S 75`55'58"W 1 48'26'10" 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS, PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 SCALE: 1" =as EXHIBIT 'A'- ENCROACHMENT REQUEST ENGINEERING SERVICES PROVIDED BY: FOR PROPOSED RIP RAP REVETMENT STONE GREEN CONSULTING, LLC AND TIMBER WHARF 4014 MEDINA ROAD#1015,AKRON, OH 44333 FOR: RICHARD E. & NORET H. DOVEL (330)400-3811 COA:0407008328 528 MELROSE CIRCLE, VIRGINIA BEACH, VA 23452 KINGS GRANT SECTION 2 LOT 204, M.B. 51, PG. 30 C)2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED MAY 28 2025 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT,'made this % day of V,221Z{ , 20� by t and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RICHARD E. DOVEL and NORET H. DOVEL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 204", as shown on that certain plat entitled: "KINGS GRANT SECTION TWO LYNNHAVEN MAGISTERIAL DISTRICT PRINCESS ANNE COUNTY, VIRGINIA", Scale: 1" — 100', dated November 2, 1960, prepared by Baldwin and Gregg Civil Engineers & Surveyors, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 51, at page 30, and being further designated, known, and described as 528 Melrose Circle, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a 8' X 16' timber wharf', 162 linear feet of granite quarry stone rip rap revetment, and to maintain an existing approximately 162' timber bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1497-08-6583 (528 MELROSE CIRCLE) (CITY DRAINAGE EASEMENT— NO GPIN ASSIGNED) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a City-owned drainage and pondage easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee requests that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' - ENCROACHMENT REQUEST FOR PROPOSED RIP RAP REVETMENT AND TIMBER WHARF FOR: RICHARD E. & NORET H. DOVEL 528 MELROSE CIRCLE, VIRGINIA BEACH, VA 23452 KINGS GRANT SECTION 2 LOT 204, M.B. 51, PG. 30," Scale: 1" = 40', dated May 28, 2025, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that Grantee will not disturb or remove any existing trees in the Encroachment Area without the prior written consent of City. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 528 Melrose Circle, Virginia Beach, Virginia 23452, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 528 Melrose Circle, Virginia Beach, Virginia 23452. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents, and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, 3 in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities, the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, RICHARD E. DOVEL AND NORET H. DOVEL, the said Grantees, have caused this Agreement to be executed by its signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its 5 name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 7 Richard E. Dovel Noret H. Dovel STATE OF VIRGINI CITY/COUNTY OF nl a The foregoing instrument was acknowledged before me this day of 2026, by Richard E. Dovel and Noret H. Dovel. HOLLY E.WINEBRENNER Notary Public Commonwealth of Virginia 1j, r) SEAL) Registration No. 7369553 My Commission Expires Jul 31,2026 Ot Public My Notary Registration Nu ber: _-73 (c 9 5- S My Commission Expires: 2j, S( ` . APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P �BICWVO*§ - REAL ESTATE CITY ATTORNEY 8 DOVEL ENCROACHMENT EXHIBIT 134 LAKE FOREST LOT NOW OR FORMERLY Ns1-23�40„E M.B. 51, PG. 30 DAVID L.&KATHRYN A. PARSONS / S r__ 174.38, GPIN: 1497-08-61 19 LOT 206 DEED BOOK:3947 PG. 1623 / NOW OR FORMERLY M.B. 51,PG.30 KINGS GRANT COMMUNITY 3 , LEAGUE INC. GPIN: 1497-08-4387 EASEMENT FOR DRAINAGE AND _ `� c M.B. 51,PG. 30 N \� PONDAGE TO ELEVATION 6.5' \�� °8j D.B.838 PG.387 (M.B.51 P.30) M.B. 51,PG.30 162.1'WIDTH OF RIP � RAP PROPOSED 8'x16' TIMBER WHARF 1 1a 103' i \ EXISTIN 45' i \ G TIMBER BULKHEAD � + \ EXISTING BULKHEAD IS PROPOSED 162 LF OF GRANITE i THE LIMIT OF THE \�\ QUARRYSTONE RIPRAP , EASEMENT(APPROXIMATE (RIP RAP TO TERMINATE AT ?q, ELEVATION OF 7.0') ; m G� PROPERTY LINE) --.� / Li LOT 204 NOW OR FORMERLY a RICHARD E.&NORET H.DOVEL � ' LOT 205 LOT 203 \�y GPIN: 1497-08-6583 NOW OR FORMERLY NOW OR FORMERLY DEED: BOOK 4238 PG.709 /A' �P MARK H.&LAURA J.RICKMAN CHRISTOPHER J.DAVIES M.B. 51,PG.30 i����~ GPIN: 1497-08-5577 GPIN: 1497-08-7589 ;� � ,��` INST:200702050001 G7910 INST:202403044351 yo m�` 2�` M.B. 51, PG.30 M.B. 51,PG.30 ,p, TH Digitally signed by Seen Gre n / /DN:CN=Seane n, ci SEAN E. GREEN E i �-' y zstl�gfEen�On�al�iee�9w+ail:cd / Lie. No. 0402064005 m,G=Sean,SN= .Green.C=US A ate:2026.02.23 21:5 ` -051W) P(F) MELROSE CIRCLE �oFFSS 50'RIGHT-OF-WAY /ONAL M.B. 51, PG. 30 94.3'TO KINGS GRANT RD CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 50.0' 42.27' 41.02' 1 S 75°55'58"W I 48°26'10" 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 SCALE: 1" =ao' EXHIBIT 'A' - ENCROACHMENT REQUEST ENGINEERING SERVICES PROVIDED BY: FOR PROPOSED RIP RAP REVETMENT STONE GREEN CONSULTING, LLC AND TIMBER WHARF 4014 MEDINA ROAD#1015, AKRON, OH 44333 FOR: RICHARD E. & NORET H. DOVEL (330) 400-3811 COA:0407008328 528 MELROSE CIRCLE, VIRGINIA BEACH, VA 23452 KINGS GRANT SECTION 2 LOT 204, M.B. 51, PG. 30 CQ2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED MAY 28, 2025 N W E S SITE BEACH BUVD -0 _VIRGW�A ----� Ra_ _ r r ♦ r ` r r _ r r 5' DRAINAGE & UTILITY EASEMENT ! DRAINAGE & PONDAGE EASEMENT LOCATION MAP ENCROACHMENT REQUEST Legend FOR I RICHARD E.AND NORET H. DOVEL 1497-08-6583 GPIN: 1497-08-6583 CITY PROPERTY 0 50 100�°` Feet reoared Rv-MAM% W._nolSurvev ureaul9-11-2025 XASurvevslPROJ_C SArcGis roiectsl eal state\Aaenda Maos12 0366 GPIN 1497-OMS83-anrx 1f �,c ok ar �I �'ri�� {a A ` n n a: *>r ,_. .may .-. r +. • �\.. .,,. t=' � —u,a � 2:- • a� ,� r _ , d Ie s °�. At^ 5' DRAINAGE UTILITY EASEMENT - f L.:' J r DRAINAGE__ a l PONDAGEiEASEMENnow LOCATION MAP MENT REQUEST ENCROACHMENT FOR RICHARD E. AND NORET H. DOVEL 1497-08-6583 G PI N: 1497-08-6583 0 CITY PROPERTY 50 100Feet reoared Av-MAMP W FnakSurvevf3 ureau\9-11-9025 X1Survevs\P OJECTS\ArcGis Proiectsl eal EstatekAaenda os\2 0366 G IN 149 -08-6 83 Aerial aorx •VB j 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. APPLICANTSECTION 1: DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Richard E.&Noret H. Dovel Is Applicant also the Owner of the subject property? Yese) Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yese Noo If yes, name Representative: Waterfront Consulting, Inc. Is Applicant a corporation,partnership,firm, business,trust or unincorporated business? YesQNoe 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 in the subject land or any proposed development contingent on the subject public action? YesC) Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, ,n, Wells Fargo 0 cross-collateralization,etc.) 0 Real Estate Broker/Agent/Realtor 0 e Disclosure Statement I rev. May-2024 page 1 of 3 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation ® _ Architect/Designer/Landscape Architect/Land Planner © O j Construction Contractor 0 G Robert E.Simon,VP of Waterfront Consulting,Inc. Engineer/Surveyor/Agent 0 Sean E.Green.P.E.of Stone Green Consulting.LLC i Legal Services a E APPLICANT CERTIFICATION READ:l 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, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Richard E.&Noret H.Dovel 4ftt zl xp� © _ Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. Z"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachment into City-owned property known as Treasure Canal, located at the rear of 2229 Spinnaker Circle. MEETING DATE: July 7, 2026 ■ Background: Leslie Ann Slootmaker and Matthew Troy Slootmaker (collectively, the "Applicant") request permission (1) to maintain two existing timber floating piers, an existing aluminum boat lift with timber piles, and an existing aluminum personal watercraft lift; (2) to remove and replace an existing timber floating pier within the same footprint; and (3) to construct and maintain a replacement vinyl bulkhead with two (2) 14' return walls (collectively, the "Temporary Encroachment"), into City-owned property known as Treasure Canal, located at the rear of 2229 Spinnaker Circle (GPIN: 2409-19-4458). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City's property, which is where the Applicants have requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: Aw 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO CITY-OWNED PROPERTY 6 KNOWN AS TREASURE CANAL, 7 LOCATED AT THE REAR OF 2229 8 SPINNAKER CIRCLE. 9 10 WHEREAS, Leslie Ann Slootmaker and Matthew Troy Slootmaker 11 (collectively, the"Applicant"), request permission (1)to maintain an existing 12'x 12'timber 12 floating pier, an existing 10.5' x 7' aluminum boat lift with four (4) timber piles, and an 13 existing 8.8' x 9.1' aluminum personal watercraft lift; (2) to remove and replace within the 14 same footprint a 35.9' x 33.7' timber pier; and (3) to install a replacement 426' vinyl 15 bulkhead, with two (2) 14' return walls, channelward of an existing vinyl bulkhead 16 (collectively, the"Temporary Encroachment"), into City-owned property known as Treasure 17 Canal, located at the rear of 2229 Spinnaker Circle (GPIN: 2409-19-4458). 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA.- 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, their heirs, 28 assigns and successors in title are authorized to maintain the Temporary Encroachment 29 within the City-owned property as shown on the map entitled: "EXHIBIT 'A' — 30 ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, 31 TIMBER FLOATING PIER, ALUMINUM BOAT LIFT WITH TIMBER PILES, ALUMINUM 32 PERSONAL WATERCRAFT LIFT, AND A PROPOSED TIMBER PIER AND VINYL 33 BULKHEAD FOR: MATTHEW T. & LESLIE A. SLOOTMAKER 2229 SPINNAKER CIRCLE, 34 VIRGINIA BEACH, VA 23451 BAY ISLAND, SECTION 2 LOT 208 M.B. 48, PG. 15," 35 Scale: 1" = 50', dated June 2, 2025, prepared by Stone Green Consulting, LLC, a copy of 36 which is attached hereto as Exhibit A, on file in the Department of Public Works and to 37 which reference is made for a more particular description; 38 39 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 40 subject to those terms, conditions and criteria contained in the agreement between the City 41 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 42 been presented to the Council in its agenda, and will be recorded among the records of the 43 Clerk's Office of the Circuit Court of the City of Virginia Beach; 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as the Applicant and the City Manager or his authorized designee execute the 50 Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS / REAL ESTATE DA . HARMEYER DEPUTY CITY ATTORNEY CA16726 R-2 Prepared: 6/25/26 cAuserslanegron rod rig uezlappdatallocal\microsoftlwindowslinetcachelcontent.outlooklkg6cgb7Aslootmaker ord cal6726.doc SLOOTMAKER ENCROACHMENT EXHIBIT rn EXISTING PIER&LIFT RVE RADIUS ARC LENGTH 1 z EXISTING CUC1 50.00' 47.00' 0 CHORD LENGTH CHORD BEARING DELTA ANGLE o O G m FLOATING PIER C 45.29' S 2'JT E 3°51'44" v F° C O nI � � ;�O Q. m GI � aD 07' B 2 73• y r-rD- 26 �BG�� yF9QLA n O\ yF0 I�? 19\ �O A W M.B.48 PG. ]s - . X J C CO r C7 ' QO o W �z �\ 2 STORY FRAME z . - 8.7` #2229 SPINNAKER CIRCLE \ LOT 208 to \ NOW OR FORMERLY tvi � �p l T N p ��\ MATTE lOOTMALERLIE A. Y .�lz� GPIN:2409-19-4458 fLu >. ,,, 0 !_,, �L y `\ INST. 2021000OS617 c ¢ � m 0 c SEAN E. GREEN a �'\ M_B.48,PG. 15 10 C7, OR w L" o Lic. No. 0402064005 `'\ �� °z oLn oo �- NQm o C z i a lly signed by Green � < dean .S\ - negree sc n g 1I.00 s9o� J G=Sean,SN=Green;C=US te:2025.08.04 21:47:07-04'00' LOT 207 lr'-:\ f 123'TO NOW OR FORMERLY 1 LEEWARD DAVID W.&JESSICA M.FLAGE EXISTING1� SHORE DRIVE GPIN:2409-19-6401 �' INST: 20 1 8 1 0 1 7000853 1 90 .0O`. C 1 P(F) CONDITIONS M.B.48,PG. 15 P(F> SPINNAKER CIRCLE 50'RIGHT-OF-WAY 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. M.B.48,PG.IS 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND G15 DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 50 100 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE:1"=50' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR:MATTHEW T.&LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE,2 2025 SHEET 1 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT n z -� 0 3 � � y z o P3 < 0 ,, (10 -P . .� c lJ cOLl -t � mco a m 0 MO y Ln CO m z f.�►1 M.B.48 PG. 15 n 5,BUCKHEAp WON VA EXISTING TIMBER FLOATING PIER = 57- AND ALUMINUM LIFT WITH(4) TIMBER PILES,TO REMAIN 9 p1ER'N1��N �, 315 00 EXISTING TIMBER PIER 12 10 5 Y TO BE REMOVED AND REPLACED '' n i ALUMINUM PERSONAL WATERCRAFT LIFT TO REMAIN t4 5'57120" 73.07' '9� 60 0 0,co bo O vLTH pF n➢ z ( LOT 208 n Q' NOW OR FORMERLY �� C z U MATTHEW T. &LESLIE A. SLOOTMAKER Wm` GPIN::24409 19-4458 " SEAN E. GREEN INST: 202100005E 17 Llc: No. 0402064005 EXISTING ! M.B.48,PG. 15 CONDITIONS igitally signed by Green Se - tonegreen ng gmail.com, 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. G=Sean,SN=Green,C=US 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. Date:2025.08.04 21:47:1"4'09 3. THIS EXHIBIT IS RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 20 40 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE:1"=20' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR:MATTHEW T.&LESLIE A. SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE,2 2025 SHEET 2 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT n PROPOSED PIER SEE SHEET 4 1 CURVE RApIUS ARC LENGTH z t Cl 50.00' 47.00' 0 0;u CHORD LENGTH CHORD BEARING DELTA ANGLE O T � m 4 .2 ' 12"E 5 'S1'44" O oo � ON . a PROPOSED 426'OF VINYL BULKHEAD WITH(2) -o rn O m _ T20"E 14'RETURN WALLS TO BE CONSTRUCTED NO 00 Z a n N 5°S MORE THAN 2'CHANNELWARD 03mZ 730T I m ' u' ma> I ys0 GB�A �L _ � � La �- O N 100 - 19 o fr Ln o , \ Fq o �4-' r� Q0, ti M.B.48 PG. 15 Co c: o �z, \ 10.7' — 2 STORY FRAME #2229 SPINNAKER CIRCLE LOT 208 +a \ NOW OR FORMERLY Iv; �y1F-AL r y OF MATTHEW T.&LESLIE A. �y p SLOOTMAKER GPIN:2409-19-4458 ''u INST- 202 1 000056 1 7 SEAN E. GREEN '`\ M.B.48,PG, 15 10 Lic. No. 0402064005� o oCwa' oQ ' N0Lud, Z: co Digitally signed by GLL reen o -Sea a S\ _j 0 < ry r. m -stonegreen s ting gmail.com, 9°` ' Z p G=Sean,SN=Green,C=US Off\ O ^' Date:2025.08.04 21:47:12-04'00' LOT 207 1�`,\ ' z � L9 ti NOW OR FORMERLY �?.�, z DAVID W.&JESSICA M.FLAGE \PROPOSED GPIN:2409-19-6401 INST: 20181017000853190 O`. C 1 P(F) IMPROVEMENTS M.B.48,PG. 15 P(F) SPINNAKER CIRCLE 50'RIGHT-OF-WAY 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. M.B.48,PG.15 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 50 100 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE:1"=50' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: MATTHEW T. &LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 BAY ISLAND,SECTION 2 LOT 208 (330)400-3811 COA:0407008328 M.B.48, PG. 15 JUNE,2 2025 SHEET 3 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT � Z -� p -n �m m < ON 2 �nyaImc mU � Llm ; v 03 W G1D �m D m Z rn r+ �' m > M.B.48 PG. 15 n � = w�DTN 67.3'PROPOSED gUtKHEAD 9,P�ER�,D3H� O oc SEE w SHEET 2 FOR LIFT w m O ENCROACHMENT a DIMENSIONS o fn 1 Z e7 n 1 u� 10 'OD - PROPOSED TIMBER PIER IN S1 5'57'20"E SAME FOOTPRINT AS 73.07' 9?0 0. O.''�o\� EXISTING PIER -\i1�� F \�� z LOT 208 ��,p,L T H f NOW OR FORMERLY Q, tow Q MATTHEW T. &LESUE A. .� o = z =I SLOOTMAKER Z xj GPIN:2409-19-4458 SEAN E. GREEN n a m w m 1 INST. 202100005617 M.B.48, PG. 15 Uc.'% N0. 0402064005 PROPOSED IMPROVEMENTS 'gita"'signed4Gn. Green 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. G=Sean SN= =US 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. Date:2025.08.04 21:47:15-04'00' 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 20 40 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE:1"=20' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: MATTHEW T. &LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE, 2 2025 SHEET 4 OF 4 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of 20 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LESLIE A. SLOOTMAKER and MATTHEW T. SLOOTMAKER, wife and husband THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "208" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO, VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15 and 15A respectively, and being further designated, known, and described as 2229 Spinnaker Circle, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee (1) to maintain an existing 12' x 12' timber floating pier, an existing 10.5' x 7' aluminum boat lift with four (4) timber piles, and an existing 8.8' x 9.1' aluminum personal watercraft lift; (2) to remove and replace within the same footprint a 35.9' x 33.7' timber pier; and (3) to install a replacement 426' vinyl bulkhead with two (2) 14' return walls, channelward of an existing vinyl bulkhead, GPIN: TREASURE CANAL (NO GPIN REQUIRED OR ASSIGNED) 2409-19-4458 (2229 SPINNAKER CIRCLE) collectively, the "Temporary Encroachment", and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT LIFT WITH TIMBER PILES, ALUMINUM PERSONAL WATERCRAFT LIFT, AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD FOR: MATTHEW T. & LESLIE A. SLOOTMAKER 2229 SPINNAKER CIRCLE, VIRGINIA BEACH, VA 23451 BAY ISLAND, SECTION 2 LOT 208 M.B. 48, PG. 15," Scale: 1" = 50', dated June 2, 2025, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 3 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Leslie A. Slootmaker and Matthew T. Slootmaker, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Notary Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit.- The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Notary Commission Expires: 6 Les ie A. Slootm er att ew T. Slo'bWaker STATE OF UI r3i,\i4i CITY/COUNTY OF U to-wit: The foregoing instrument was acknowledged before me this day of Jung. 202G, by Leslie A. Slootmaker and Matthew T. Slootmaker. (SEAL) ota Vtsiic ,,.•�OSNUA'L My Notary Registration Number: My Notary Commission Expires: 05/3�2.030 ' APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS — REAL ESTATE LN ARMEYER DEPUTY CITY ATTORNEY 7 SLOOTMAKER ENCROACHMENT EXHIBIT n EXISTING PIER&LIFT RVE RADIUS ARC LENGTH CU z EXISTING C1 so.00' 47.00' O O CO m FLOATING PIER CHORDLENG7H CHORD BEARING DELTAANGLE c D 45. ' S '12"E 53'S1'44" O co < O> p'L U coG� z 0 n N 5°57 20 E 145 D' �D 73,07' 6F• G9G 2 6, lye _ ti 9��`. M.B.48 PG. 15 rn = ' X ' z j3 F. m ~ '0 D L w 0 �z �\ 2 STORY FRAME 8.7' #2229 \ SPINNAKER CIRCLE m ' ,\LOT 208 ,a ` \ NOW OR FORMERLY �`�'T H MATTHEW T.&LESLIE A. SLOOTMAKER GPIN:2409-19-4458 m OD L y INST. 202100005617 SEAN E. GREEN a \ Ln in � Z � . M.B.48,PG. 15 lao � — — \ I� o °' � e Lic. No. 0402064005 `'\ \ y �� ° = g L CO 0 � QNONm G zY � z ,_ Digitally signed by Green � n��can S\ s n g 1LCo s9o• G=Sean,SN=Green,C=US LOT 207 te:2025.08.04 24:47:07-04'00' + TO NOW OR FORMERLY �`. ; LEEWARD DAVID W.&JESSICA M. FLAGE \ ' EXISTING GPIN:2409-19-6401 �sr` SHORE DRIVE INST: 20 1 8 1 0 1 7000853 1 90 Opp` C 1 P(F) CONDITIONS M.B.48,PG. 15 P(F) SPINNAKER CIRCLE 50'RIGHT-OF-WAY 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. M.B.48,PG.15 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT ISA RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 50 100 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE: 1"=50' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: MATTHEW T. & LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 1UNE, 2 2025 SHEET 1 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT n z -n O 5:-" 2 O Po < 0 ny -AamC un V w � G1 Qm D fn m m Z M.B.48 PC,. 1 S _ r 57 5' BUIKHEA�W,DjH EXISTING TIMBER FLOATING PIER AND ALUMINUM LIFT WITH(4) 1 TIMBER PILES,TO REMAIN 35.9 w N 00 EXISTING TIMBER PIER 12 10 5 TO BE REMOVED AND r, 11 a� rn r„ REPLACED 1 '-t l (� n ALUMINUM PERSONAL 23.2' WATERCRAFT LIFT TO I l REMAIN 5-57,20"E 2 � 73.07' 9p0��`\ F .O 4, po15� Gl�'%iI, rO zZ z ��,p1.TH n _OfL m D � LOT 208 > Q NOW OR FORMERLY � n ' z =` MATTHEW T. &LESLIEA. inJ�II SLOOTMAKER w m 1 GPIN:2409-19-4458 " SEAN E. GREEN INST. 202100005617 LIC. N0. 0402064005 EXISTING M.B.48,PG. 15 -p CONDITIONS igitalty signed by Green ISea -stonegreen ng gmail.com, 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. G=Sean,SN=Green,C=US 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. Date:2025.08.04 21:47:10-04'00' 3. THIS EXHIBIT IS RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 20 40 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE:1"=20' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: MATTHEW T.& LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE, 2 2025 SHEET 2 OF SLOOTMAKER ENCROACHMENT EXHIBIT } PROPOSED PIER SEE SHEET 4 1 CURVE I RADIUS ARC LENGTH I Z ---I Cl 50.00' 47.00' T' O O ;a CHORD LENGTH I CHORD BEARING I DELTA ANGLE O T :E m 45.29' 05' 2'12"E 5351'44" _ O7 < QvDi PROPOSED 426'OF VINYL BULKHEAD WITH(2) cO W z TO n _ N g°57'20"E 14'RETURN WALLS TO BE CONSTRUCTED NO _ D K D j3 07 I MORE THAN T CHANNELWARD LnD �� I ! 2Lu F Z so a 'Ile O ' -ID 4 M.B_48 PG. IS m D Ir 'z �\ 10.7' — I 2 STORY FRAME _ #2229 SPINNAKER CIRCLE LOT 208 f pp \ NOW OR FORMERLY �4.�` T H QF I MATTHEW T.&LESLIE A. ++ti ``\ SLOOTMAKER �\ GPIN:2409-19-4458 ,'L INST: 202100005617 SEAN E. GREEN D M.B.48,PG. 15 ('m Lic. No. 0402064005� P , 3 m \J wc10unLn 01 CIO N0LU LL Digitally -signed by Green � b p Sea e c �E= de s\ � OQQ m N � stonegreen ns ting gmail.com, z o G=Sean,SN=Green.C=US ��\� N LOT 207 1,,�; OZ Y L7 Date:2025.08.04 21:47:12-04'00' NOW OR FORMERLY i Q Z DAVID W.&JESSICA M.FLAGE \ 2 PROPOSED GPIN:2409-19-6401 INST: 20181017000853190 C 1 P(F) IMPROVEMENTS M.B.48,PG. 15 P(F) SPINNAKER CIRCLE 50'RIGHT-OF WAY 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. M.B.48,PG. 15 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 50 100 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE: 1"=50' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: MATTHEW T. &LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE,2 2025 SHEET 3 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT n o O0 mp O � 0 ,, mP3 -n� l � �m co n Z f r D �: m L" D ;Z M.B.48 PG. 15 n < 2 67.3 pROpOSED gtllKNtiAD wiDT �� � -fl 0° 35.9 n_ SEE SHEET 2 FOR LIFT -) m O ENCROACHMENT z m DIMENSIONS a 70 Z 2g 1 'OR PROPOSED TIMBER PIER IN ' `rr r N 5`57'20„ 41 Nr! SAME FOOTPRINT AS 73.07' 9`� � gyp.`pO�. EXISTING PIER F G�tiT2C J I , z LOT 208 a L T H OF NOW OR FORMERLY MATTHEW T.&LESUE A. 0 O z =� SLOOTMAKER 2 d X � Y i Q O 1 x=j GPIN:2409-19-4458 SEAN E. GREEN n a m Lu m INST. 202 1 000056 1 7 M.B.48,PG. 15 Uc; N0. 0402064005 PROPOSED IMPROVEMENTSgitally signed by S Green stonegreen s ng gmai.cam, 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. G=Sean,SN=Green,C=US 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. Date:2025.08.04 21:47:15-04'00' 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH 15 NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 20 40 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE:1"=20' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: MATTHEW T. & LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND, SECTION 2 LOT 208 M.B.48, PG. 15 JUNE, 2 2025 SHEET 4 OF 4 W i 0 U M Legend LOCATION MAP R" ENCROACHMENT REQUEST PROPERTY OWNER: MATTHEW T. & LESLIE A. SLOOTMAKER 2409-19-4458 G P I N: 2409-19-4458 0 100 200 City Property Feet � r © _ in � I \ 1 � u Legend LOCATION MAP ENCROACHMENT REQUEST PROPERTY OWNER: MATTHEW T. & LESLIE A. SLOOTMAKER 13 2409-19-4458 GPIN: 2409-19-4458 0 100 200 City Property Feet Sbo mamrEncroachment Picture Exhibit . y. , , . . View Looking North showing similar encro achmems Bul he dS pier and Lifts View bourn Northwest showing similar encroachments. Slootmaker Encroachment Picture Exhibit View looking Southeast showing similar encroachments. &otmakr Encroachment Pctur Exhibit . . � , . . ± 2 . . - � Overhead view Docusign Envelope ID: 19856449-2ABB-8A6D-8380-1DE5780EADC4 CITY OF Disclosure VIRGINIA vs Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications 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 Matthew T. & Leslie A. Slootmaker Is Applicant also the Owner of the subject property? Yes(F) No© If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yese No© If yes, name Representative: Waterfront Consulting, Inc. Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes©Noe 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 1 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 Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, Q O Lakeview cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. May-2024 page 1 of 3 Docusign Envelope ID: 19856449-2ABB-8A6D-8380-1 DE5780EADC4 SECTION APPLICANT DISCLOSURE • -d SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape © 0 Architect/Land Planner Construction Contractor 0 0.- Waterfront Consulting, Inc. Engineer/Surveyor/Agent - 0 Sean E.Green,P.E.of Stone Green Consulting, LLC Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Signed by: Matthew T. & Leslie A. Slootmaker 6/2/2026 Applicant Name (Print) Applicant Signature Date 1 'Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation,"See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities; there are common or commingled funds or assets, the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 rp 4 zi f� 1' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to (1) Appropriate $3,000,000 of the Fund Balance of the Open Space Fund to the FY 2026-27 Capital Improvement Program, (2) Amend the Scope of Capital Project 100667 for the Rudee Loop Park Project, and (3) Authorize the Acquisition of Property Located at 310 Atlantic Avenue from 310-314 Atlantic Avenue, LLC MEETING DATE: July 7, 2026 ■ Background: The City of Viginia Beach (the "City") owns approximately 8 acres of property adjacent to Rudee Inlet, commonly known as "Rudee Loop". The Rudee Loop Park Development Capital Improvement Project (CIP 100667) was established for the purpose of planning, designing and constructing a vibrant and iconic park destination at Rudee Loop ("Rudee Loop Park"). 310-314 Atlantic Avenue, LLC, a Virginia limited liability company (the "Landowner") owns a 4,415 sq. ft. (0.10 acre) parcel located at 310 Atlantic Avenue (GPIN: 2427-22- 8212) (the "Property"), currently used for residential purposes. The Property is surrounded by City-owned property and is one of the only privately owned parcels within Rudee Loop. The Owner has approached the City with an offer to sell the Property and the City desires to voluntarily acquire the Property to incorporate it into Rudee Loop Park. ■ Considerations: The purchase price for the Property is $3 million. Funding for the acquisition is available in the fund balance of the Open Space Special Revenue Fund, which will be appropriated and transferred to CIP 100667, Rudee Loop Park Development. The Landowner will convey the Property free and clear of all liens and tenancies. More specific terms and conditions are set forth in the Summary of Terms, attached to the Ordinance as Exhibit A. Acquiring the Property would give the City more flexibility in the planning and design of Rudee Loop Park. ■ Public Information: Public notice via the normal City Council agenda process. ■ Alternatives: Deny the request to acquire the Property. ■ Recommendations: Staff recommends that City Council authorize the City Manager to enter into a Purchase Agreement with the Owner to acquire the Property and authorize Open Space funds to be transferred to project 100667. The Scope of 100667 shall also be amended to authorize the acquisition of the Property. ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Location Map, CIP Detail Sheet, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: r w 1 AN ORDINANCE TO (1) APPROPRIATE $3,000,000 2 OF THE FUND BALANCE OF THE OPEN SPACE 3 FUND TO THE FY 2026-27 CAPITAL IMPROVEMENT 4 PROGRAM, (2) AMEND THE SCOPE OF CAPITAL 5 PROJECT 100667 FOR THE RUDEE LOOP PARK 6 PROJECT, AND (3) AUTHORIZE THE ACQUISITION 7 OF PROPERTY LOCATED AT 310 ATLANTIC 8 AVENUE FROM 310-314 ATLANTIC AVENUE, LLC 9 10 WHEREAS, the City of Virginia Beach (the "City") owns approximately 8 acres of 11 property adjacent to Rudee Inlet, commonly known as "Rudee Loop"; 12 13 WHEREAS, the Rudee Loop Park Development Capital Improvement Project (CIP 14 100667)was established for the purpose of planning, designing and constructing a vibrant 15 and iconic park destination at Rudee Loop ("Rudee Loop Park"); 16 17 WHEREAS, 310-314 Atlantic Avenue, LLC, a Virginia limited liability company (the 18 "Landowner") owns a 4,415 sq. ft. (0.10 acre) parcel of land located at 310 Atlantic Avenue 19 (GPIN: 2427-22-8212) (the "Property"); 20 21 WHEREAS, the Landowner desires to sell the Property to the City for$3 million and 22 the City desires to acquire the Property to incorporate it into Rude Loop Park; 23 24 WHEREAS, funding for the acquisition is available within the fund balance of the 25 Open Space Special Revenue Fund; 26 27 WHEREAS, the Landowner and the City have negotiated the terms and conditions 28 of the sale of the Property to the City, as set forth in the Summary of Terms attached hereto 29 as Exhibit A and incorporated herein; and 30 31 WHEREAS, the City Council finds that it is in the best interests of the City to acquire 32 the Property for the purpose of assembling it with the other publicly owned parcels at 33 Rudee Loop. 34 35 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That $3,000,000 is hereby appropriated from the fund balance of the Open 39 Space Special Revenue Fund and transferred as pay-go funding to the FY 2026-27 Capital 40 Improvement Program for project 100667 "Rudee Loop Park Development." 41 42 2. That the scope of CIP 100667 "Rudee Loop Park Development" is hereby 43 amended to include site acquisition. 44 45 3. That the City Council authorizes the acquisition of the Property by purchase 46 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended. 47 4. That the City Manager or his designee is further authorized to execute all 48 documents that may be necessary or appropriate in connection with the purchase of the 49 Property, substantially in accordance with the Summary of Terms, attached hereto as 5o Exhibit A. and including such other terms, conditions and modifications as may be 51 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 54 of , 2026. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Public Works/ Real Estate City Attorney APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Dept. of Parks and Recreation fudget& nagement Services CAI 7168 Uvbgov.com\dfs1\applicationslcitylaw\cycom321wpdocs\dOI 210056101139033.d oc R-1 June 24, 2026 EXHIBIT A SUMMARY OF TERMS LANDOWNER: 310-314 Atlantic Avenue, LLC, a Virginia limited liability company PURCHASER: City of Virginia Beach (the "City") PROPERTY: 310 Atlantic Avenue (GPIN: 2427-22-8212), consisting of approximately 4,415 sq. ft. (0.10 acre) of land, with improvements thereon, located in District 5, and zoned OR. CONSIDERATION: $3,000,000 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon approval by City Council, execution of an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • City shall have a ninety (90) day study period from full execution of the Agreement of Sale to evaluate the Property (the "Study Period"). The Agreement may be terminated prior to the end of the Study Period upon written notice to the Landowner. • Settlement will be within thirty (30) days after expiration of the Study Period, or as soon thereafter as is practicable allowing a reasonable time to correct any title defects reported by the title examiner and the preparation and signing of the necessary documents. • Landowner shall pay its own attorney's fees and costs, including any costs associated with clearing up or removing liens or encumbrances of title affecting the Property. • City shall bear the costs of obtaining a title report and preparation of closing documents. • The City and Landowner acknowledge that this acquisition was voluntarily initiated by Landowner and negotiated under no threat of condemnation. LOCATION MAP 4 VA r 4114 D p 310AtlanticAve. (GPIN:2427-22-8212) 310 S, { t` ' e aSm- i z , w Q q1.9 City of Virginia Beach FY 2028 through FY 2033 Capital Improvement Program Project:100667 Title:Rudee Loop Park Development Status:Proposed Category:Parks&Recreation Department:PARKS AND RECREATION iRankinTO Project Type Project Location Project Type:New Facility Construction/Expansion District:5 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 Funding 53,000,000 53,000,000 0 01 0 01 0 0 0 Description and Scope This project will fund the planning,design,and construction of the approximately 8-acre assemblage of property located adjacent to Rudee Inlet into a vibrant and iconic park destination. In addition to the park space,a parking garage structure may be incorporated into the project and will be explored during the concept planning phase.This project will also support the purchase of approximately 0.1 acres of property for the project. Purpose T e City Ciesires to trans orm Ru ee Loop into a unique esti nation,provi ing an emp asis on open space t at attracts resi ents an visitors in a ition to supporting surfing,fishing and outdoor recreation.Through an extensive community engagement process,the residents strongly support the transformation of Rudee Loop into a world class park.The properties have been used as"ad hoc"space for many years and there is a strong desire to formalize the space into something special for residents of Virginia Beach. History and Current Status This CIP first appeared in the FY 2024-25 CIP after being established by City Council in FY 2023-24.In May 2022,a Request for Information and Ideas was issued with four responses received.During winter/spring of 2023,an extensive community engagement process was conducted to gather feedback from the four proposals as well as determining which elements would be most desired at Rudee Loop.In August of 2023,City Council directed Parks and Recreation to recommend a process for hiring a nationally known park design consultant team.In August 2025,City Council approved the concept plan and to move forward with construction drawings,fundraising,and framing out a governance model.This project is primarily supported by Public Facility Revenue bonds and the debt service is to be repaid by the Tourism Investment Program.The project also includes$3m of Open Space Funds for the purchase of property. Operating Budget Impacts nce the park is completed,7ogrammatic considerations include restroom maintenance,grounds maintenance,mowing,trash pickup,and staffing. FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 Total Operating Budget Impacts 0 0 0 2,000,000 2,000,000 2,000,000 Project Map Schedule of Activities =amen ary Project Activities From-To Amount Scholl Inspections and Support 06/27-11/30 720,000 Design 07/24-06/27 8,000,000 Furniture and Equipment 06/27-11/30 1,000,000 Site Acquisition 07/26-07/27 3,000,000 n tiGRFG�ka�� ' Construction 07/27-11/30 37,180,000 .. x Contingencies 07/25-11/30 3,100,000 n n G < a pve Total Budgetary Cost Estimate: 53,000,000.00 Means of Financing Dc`p,N pRC G,N1p�VL Np pyC - - 9 G A n Funding Subclass Amount Public Facility Bonds 50,000,000.00 Local Funding 0.00 r "... PAYGO-Open Space 3,000,000.00 Total Funding: 53,000,000.00 40 o� o < o i 0 ,0,.... cRGATAN RO p G t P� G SECTION 2: PROPERTY w r , • DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application 310-314 Atlantic Avenue, LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yesi Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Members: Daniel A.Hoffler,Bruce B.Smith and A.Russell Kirk Managers: Daniel A.Hoffler and Bruce B.Smith Does the subject property have a proposed or pending purchaser? Yese Noo If yes, name proposed or pending purchaser: City of Virginia Beach 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& if yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage, deeds of trust, Q 0 Existing Loan with Bank of America cross-collateralization, etc.) Real Estate Broker/Agent/Realtor © 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor Q 0 Engineer/Surveyor/Agent Q Legal Services (�) 0 1 Sands Anderson PC; Michael H. Nuckols, Esq. PROPERTY OWNER CERTIFICATION READ:I certify that al/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, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. 310-314 Atlantic Avenue,LLC,by Daniel A.Hoffler,Manager June 24, 2026 Property Owner Name (Print) Pro rty Owner Signature Date Disclosure Statement l rev. M a y-2024 page 3 of 3 .p iU� YD� {.,._:.„:. - w•"'."µ.is CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Capital Project 100210 "Hurd's Cove Neighborhood Dredging" MEETING DATE: July 7, 2026 ■ Background The Hurd's Cove area contains a neighborhood navigation channel funded through the Hurd's Cove Neighborhood Dredging Special Service District (SSD) within Capital Project 100210, both of which were established by City Council in January 2015. The project primarily has three components, which are funded through three sources: 1) Community channel dredging, which keeps the neighborhood connected to other City waterways, is funded by the City through the General Fund. 2) Neighborhood channel dredging is funded by an additional real estate tax on residents of the SSD of 43.8 cents per $100 of assessed value. 3) Residents may also opt into the dredging of access basins adjacent to their property, which are funded through contributions from the property owner. Each funding source may only be used for its respective component and expenditures must match revenues for private dredging at the completion of the project. SSD revenues are to equal total SSD expenditures prior to the sunsetting of the SSD, currently assumed to be in 2031 based on the establishing ordinance of the SSD. The first dredging cycle for the SSD was completed in early 2026. Due to the project requiring more dredging than initially anticipated, combined with an increase in the cost of federally mandated tidal wetland mitigation credits, the cost of the first dredging cycle exceeded appropriations. The following table shows the cost of the first dredging cycle by funding source: SSD city Private Total Appropriations $2,403,273 $105,504 $438,650 $2,947,427 Total Final Actual Costs $2,920,196 $105,504 $566,877 $3,592,577 Remainder $516,923 $0 $128,227 $645,150 The SSD and private components require matches of their respective revenue sources. The City has collected sufficient funds from the SSD real estate tax, but the additional funding must be appropriated and transferred to the Capital Improvement Program, as SSD revenues are held in a separate Special Revenue Fund until needed for the CIP. The private revenues will be billed to the homeowners based on individual costs. Neighborhood Dredging SSD Page 2 of 2 ■ Considerations: $516,923 in additional appropriations is necessary to complete the SSD cost requirements for the first dredging cycle. Concurrently, $128,227 in additional appropriations are necessary to complete private access basin cost requirements for the first dredging cycle. Sufficient SSD real estate taxes have been collected as unassigned fund balance in the Hurd's Cove SSD Special Revenue Fund. Following City policy, once this project is completed, the SSD rate will be re-evaluated for the FY 2027-28 budget. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance; Project Detail Page Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: fW 1 AN ORDINANCE TO APPROPRIATE FUNDS TO 2 CAPITAL PROJECT 100210 "HURD'S COVE 3 NEIGHBORHOOD DREDGING" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT- 7 8 1. $516,923 from the balance of the Hurd's Cove Special Service District Special 9 Revenue Fund is hereby appropriated, with revenue increased accordingly, to 10 Capital Project #100210 "Hurd's Cove Neighborhood Dredging," within the 11 FY2026-27 Capital Improvement Program. 12 13 2. $128,227 from private access basin funds is hereby appropriated, with revenue 14 increased accordingly, to Capital Project #100210 "Hurd's Cove Neighborhood 15 Dredging," within the FY2026-27 Capital Improvement Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ) 2026. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- .- udget and4anagement Services I rney s Office CA17267 R-1 June 24, 2026 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100210 itle:Hurd's Cove Neighborhood Dredging tatus:Approved Category:Coastal Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement District:8 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 2,905,719 2,905,719 Description This project is for the construction of a neighborhood navigation channel system in the Hurd's Cove area.The system will include:a City-funded spur channel leading from the Eastern Branch Lynnhaven River channel;a Neighborhood Dredging Special Service District(NDSSD)that will fund a neighborhood channel to provide access for all NDSSD participants;and elective,individual access basins for each participant.The estimated cost of the initial construction of the individual access basins(to be paid by participants prior to construction)has been included in the project cost.Work includes design,permitting,property acquisition(if necessary),dredging,navigation aids,and monitoring. Beginning in the FY 2019-20 CIP,future City funded spur channels will be funded in project 100274,Neighborhood Dredging Spur Channels. Purpose For well over a decade,the difficulties of removing accumulated sediment have negatively impacted the City's waterfront homeowner's ability to optimize the use of their property and to reclaim necessary navigation channels within the Lynnhaven River.Water quality and habitat have also been severely impacted due to the siltation of the bottomland of the City's water resources.Removal of these shoaling sediments(sands,silts,clays,and organic)will have a very positive,multi-beneficial effect.This project was established after 80%of the affected residents agreed to pay an increased real estate tax rate to address the affected channels as part of the Hurd's Cove NDSSD. History and Current Status This project first appeared in the FY 201S-16 CIP.The NDSSD and this CIP project were established by City Council ordinance on January 20,2015.The NDSSD will run for sixteen(16)years,during which three(3)cycles of dredging are anticipated.The SSD rate will be re-evaluated following the completion of each dredging cycle to ensure all the neighborhood dredging costs are paid by the end of the 16-year period.The projected funding needed for the second and third dredging cycles will be adjusted based on the final cost of the first dredging cycle.The Hurd's Cove NDSSD tax rate is 43.8 cents per$100 of valuation.The transfer station was completed winter 2022/23 and dredging is scheduled to begin December 2023. Operating Budget Impact Comments FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE 'Project . . Schedule of Project Activities From-To Amount Design 07/15-03/24 600,000 Construction 07/22-08/24 2,305,719 s Total Budgetary Cost Estimate: 2,905,719 °o a Means of Financing 4 Funding Subclass Amount Local Funding 2,094,762 Pay-As-You-Go-Hurds Cove 414,015 Private Contribution 396,942 Total Funding: 2,905,719 � psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $6,000 from the Department of Criminal Justice Services to the FY 2026-27 Police Department Operating Budget MEETING DATE: July 7, 2026 ■ Background: The Virginia Department of Criminal Justice Services has been awarded funding to combat Hate Crimes throughout the Commonwealth of Virginia. The Virginia Beach Police Department has been approved as a sub-recipient for $6,000 of this funding to support community security equipment. The grant period is from July 1, 2026 through June 30, 2027. This grant will be used to purchase Axon Fuses Core Pro which bridges legacy camera systems, fixed cameras, and other tools into a single, map-based interface for law enforcement and emergency response. This system will integrate into the Police Department's Real Time Crime Center. ■ Considerations: The grant provides $6,000 of funding. There is no local match requirement for this grant. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:/�W 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $6,000 2 FROM VIRGINIA STATE POLICE TO THE FY 2026-27 3 POLICE OPERATING BUDGET 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $6,000 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with state revenue increased accordingly, to the FY 10 2026-27 Operating Budget of the Police Department to purchase Axon Fuses Core 11 Pro. 12 13 2. The City makes no representation that it will replace the equipment to be 14 purchased with these grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: dget and gement Services Q rdy ttor ey s Office CA17265 R-1 June 24, 2026 L. PLANNING 1. JOHN TRAN & LIEN NGUYEN / LIEN NGUYEN NGOC-THI &JOHN TRAN for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot area and width at 1117 Beautiful Street DISTRICT 6 RECOMMENDATION: APPROVAL 2. MATTHEW &JESSICA FIRME for a Modification of Conditions to a Conditional Use Permit re home occupation at 1492 Back Bay Landing Road DISTRICT 2 RECOMMENDATION: APPROVAL 3. YOUR NOT ALONE LLC for Modification of Conditions to a Conditional Use Permit re short term rental at 207 79th Street, Suite C DISTRICT 6 RECOMMENDATION: APPROVAL 4. WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions to a Conditional Use Permit re construct a four-level parking structure at 3100 Shore Drive DISTRICT 8 RECOMMENDATION: APPROVAL 5. EMMANUEL B. PLATON / GLASSON PROPERTIES, LLC for a Conditional Change of Zoning from Conditional R-5D Residential District to Conditional 1-1 Light Industrial District & Conditional Use Permit re automobile repair garage at 3288 Dam Neck Road DISTRICT 10 RECOMMENDATION: APPROVAL 6. DIANE J DAVIS/VIRGINIA HICKORY ASSOCIATES LLP for Conditional Use Permits re adult daycare at 215 & 241 Expressway Court DISTRICT 4 RECOMMENDATION: APPROVAL 7. ANDALE GUEY TACOS LLC/ ESTELA GOMEZ/ BOWEN PROPERTY VENTURES LLC for a Conditional Use Permit re open air market at 549 Newtown Road DISTRICT 4 RECOMMENDATION: APPROVAL 8. Ordinance to AMEND City Zoning Ordinance (CZO) Sections 401, 501, 901 and 1001 re solar facilities as a conditional and accessory use in the agricultural, residential, commercial and industrial districts 9. Ordinance to AMEND City Zoning Ordinance (CZO) Section 207 re building-mounted antennas, small wireless facilities and temporary communication towers RECOMMENDATION: APPROVAL 10. Ordinance to AMEND City Zoning Ordinance (CZO) Section 203 re minimum parking requirements for residential and mixed uses RECOMMENDATION: APPROVAL 11. Ordinance to AMEND City Zoning Ordinance (CZO) Article 5 re uses and dimensional requirements in the R-2.5 Residential Zoning District RECOMMENDATION: APPROVAL 12. Ordinance AMEND City Zoning Ordinance (CZO) Section 105 re nonconforming mobile homes RECOMMENDATION: APPROVAL e , NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,July 7,2026 at 6:00 p.m. in the Council Chamber at City Hall, Building 1, 2W Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through Ilvestreaming on https://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 prior to 5:00 p.m. on July 7,2026. 2. Download WebEx and view the meeting at: httos f/vbgov webex com/weblink/register/r8d4bl65la1327p24t 93f97285 c328207 The following requests are scheduled to be heard: John Tran & Lien Nguyen Property Owner. Lien Nguyen Ngoc-thi & John Tran Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Address:1117 Beautiful Street GPIN:2417425564 City Council:District 6(Remick) Matthew&Jessica Flrme(Applicant&Owner) Modification of Conditions Address: 1492 Back Bay Landing Road GPIN:2318631219 City Council:District 2(Henley) Your Not Alone LLC(Applicant&Owner)Modification of Conditions Address:207 79th Street,Suite C GPIN:24195873653207 City Council:District 6(Remick) Westminster Canterbury on Chesapeake Bay(Applicant&Owner) Modification of Conditions Address:3100 Shore Drive GPIN:1590005576 Clty Council: District 8 (Cummings) Emmanuel B.Piston Property Owner:Glasson Properties,LLC Conditional Rezoning (Conditional R-51) Residential District to Conditional 1-1 Light Industrial District) & Conditional Use Permit(Automobile Repair Garage)Address:3288 Dam Neck Road GPIN:1495140015 City Council:District 10(Rouse) Diane J Davis Property Owner:Virginia Hickory Associates LLP Conditional Use Permits (Adult Daycare)Addresses:215&241 Expressway Court GPIN:1467741247 City Council:District 4(Ross-Hammond) Andale Guey Tacos LLC/Estela Gomez Property Owner:Bowen Property Ventures LLC Conditional Use Permit (Open Air Market) Address: 549 Newtown Road GPIN: 1468206651 City Council:District 4(Ross-Hammond) CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTIONS 401,501,901,AND 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO SOLAR FACILITIES AS A CONDITIONAL AND ACCESSORY USE IN THE AGRICULTURAL, RESIDENTIAL, COMMERCIAL,AND INDUSTRIAL DISTRICTS CITY OF VIRGINIA BEACH -AN ORDINANCE TO AMEND SECTION 207 OF THE CITY ZONING ORDINANCE PERTAINING TO BUILDING-MOUNTED ANTENNAS, SMALL WIRELESS FACILITIES AND TEMPORARY COMMUNICATION TOWERS CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 203 OF THE CITY ZONING ORDINANCE PERTAINING TO MINIMUM PARKING REQUIREMENTS FOR RESIDENTIAL AND MIXED USES CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND ARTICLE 5 OF THE CITY ZONING ORDINANCE PERTAINING TO USES AND DIMENSIONAL REQUIREMENTS IN THE R-2.5 RESIDENTIAL ZONING DISTRICT CITY OF VIRGINIA BEACH -AN ORDINANCE TO AMEND SECTION 105 OF THE CITY ZONING ORDINANCE PERTAINING TO NONCONFORMING MOBILE HOMES Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center,Building 3,Virginia Beach,VA 23456 or online at https://virginiabeach.gov/pc.For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303.If you are hearing Impaired,you can contact Virginia Relay at 711 for TOO service.The meeting will be broadcast on cable TV,https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. Amanda Barnes,MMC City Clerk PILOT-JUNE 23,2026&JUNE 30,2026-1 TIME EACH BEAUTIFUL ST k s R,1'0 R10 11 ® site John Tran & Lien Nguyen ' Zoning 1117 Beautiful Street Property Polygons Ow Feet 0 10 20 40 60 80 Map created by Planning Department an 6/9/2026 E5y S � J ei CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOHN TRAN & LIEN NGUYEN [Applicants] LIEN NGUYEN NGOC-THI & JOHN TRAN [Property Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 1117 Beautiful Street (GPIN 2417425564). COUNCIL DISTRICT 6 (Remick) MEETING DATE: July 7, 2026 ■ Background: The subject parcel was improperly created by deed on July 1, 1954. The Princess Anne County Subdivision Ordinance, which was adopted on January 26,1953, required a subdivision plat to be recorded for all parcels created after September 28, 1953. To legitimize the parcel, a subdivision plat must be put to record. The site currently contains a single-family dwelling, which is proposed to remain. The R-10 Residential District requires a minimum lot area of 10,000 square feet and a minimum lot width of 80 feet. With a lot area of approximately 9,966 square feet and a lot width of 66 feet, the parcel does not meet the minimum dimensional standards of the Zoning Ordinance. Accordingly, a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations is required. ■ Considerations: The dwelling has existed on-site since 1940, prior to the adoption of the City's Zoning Ordinance or Subdivision Regulations. At the time the parcel was improperly created by deed, the property was under the dimensional standards of the then-applicable R-D2 Residence Duplex District. Those standards were substantially similar to the current R-10 requirements, with a minimum lot area of 10,000 square feet and a minimum lot width of 75 feet. The parcel is comparable in size and development pattern to several nearby residential lots within the Historic Seatack area, many of which are substandard in lot area and lot width. The property has historically functioned as a single-family residential lot, and the request does not seek to intensify the use of the site beyond what currently exists or what is permitted within the R-10 Residential District. There is no known opposition to this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. John Tran and Lien Nguyen Page 2 of 2 1. The site shall be in substantial conformance with the conceptual subdivision plan entitled "PHYSICAL SURVEY— 1117 BEAUTIFUL STREET— PHYSICAL SURVEY OF PARCEL ADJOINING SEATACK EVERGREEN TERRACE" dated December 16, 2025, prepared by DKT Associates Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. Any future improvements to the existing structures on the site must meet all the dimensional requirements of the Zoning Ordinance unless a variance by the Board of Zoning Appeals is granted. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r—~ Submitting Department/Agency: Planning Department City Manager: Agenda • ••licant: John Tran i Lien NguyenV_B_ Property Owner: Lien Nguyen Ngoc-thi &John Tran • • • • • • CouncilCity District • Project Details Request Subdivision Variance (Section 4.4(b) for lot area and P lot width) Staff Recommendation __� �� .0��° Approval JENSEN DR_ > s Staff Planner Marchelle Coleman m FRESERVEC -seaunfu s�� � ,li iT 'r' - t y ,TGANNET RUN Location51t 1, co, o^ 1 1 OMNgOF GOOSE LNDG 1117 Beautiful Street ti DEER CREEK DR_ _ py; 4 GPIN 2417425564 Site Size Wain 5. 9,966 square feet AICUZ Greater than 75 dB DNL;APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential I <e Surrounding Land Uses and Zoning Districts 1, North Beautiful Street Church / R-10 Residential s �, South'` Single-family dwelling/ R-10 Residential East . w Single-family dwelling/ R-10 Residential West Vacant lot/ R-10 Residential John Tran & Lien Nguyen Agenda Item 6 page 1 of 14 Background Summaryof Proposal • The applicant is requesting a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot area and lot width on this 9,966 square foot R-10 Residential District zoned parcel. • The site currently contains a single-family dwelling constructed in 1940 and is located within the Historic Seatack Suburban Focus Area, as well as within the greater than 75 dB DNL noise zone and the Accident Potential Zone 2 (APZ-2). • The subject parcel was improperly subdivided by deed on July 1, 1954 (Deed Book 363 Page 589). The Princess Anne County Subdivision Ordinance, which was adopted on January 26, 1953, required a subdivision plat to be recorded for all parcels created after September 28, 1953. • The applicant initially submitted a Board of Zoning Appeals application to allow a slight encroachment of the front porch into the required front yard setback. During the review process,the applicant was informed that the parcel had not been properly created. Subsequently, the applicant submitted a Subdivision Variance request for lot area and lot width deficiencies. • Single-family dwellings within the R-10 Residential District require a minimum lot area of 10,000 square feet, a minimum lot width of 80 feet, and 64 feet of street line frontage. • The existing parcel is 9,966 square feet in lot area with a 66-foot lot width. Section 4.4(b) of the Subdivision Regulations requires that, "except where created by governmental action, lots created by subdivision must meet all requirements of the zoning ordinance" As these do not meet the minimum dimensional standards for the R-10 Residential District, a subdivision variance to this section must be granted before a plat can be approved and recorded. Required Required Proposed Proposed . . . - . Street Line Street Proposed Frontage(square (square feet) (feet) (feet) (feet) feet) (feet) Existing Lot 10,000 9,966* 80 66* 64 54.14* * indicates a substandard value that requires a Variance John an & Lien Nguyen Agenda Item 6 page 2 of 14 Zoning • # Request 1 CUP (Short Term Rental) Approved 06/09/2020 R10 CRZ (R-10 to Conditional 1-1) Approved E- 12/11/2007 BEAUTIFUL sT 2 CUP (Bulk Storage Yard)Approved 12/11/2007 ""` CUP (Recreational Facility of an Outdoor Nature (Golf Driving Range)) Approved 02/09/1987 Ft,10 R10 - 1 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 Renta MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation • • • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized, whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. John Tran & Lien Nguyen Agenda Item 6 page 3 of 14 The applicant is seeking approval to record a subdivision plat for the existing R-10 zoned parcel, which was improperly created by deed without subdivision plat approval.The property contains an existing single-family dwelling constructed in 1940, prior to the adoption of the City's Subdivision Regulations.The parcel is deficient in both lot area and lot width, with a lot area of 9,966 square feet and a lot width of 66 feet, where 10,000 square feet and 80 feet, respectively, are required. As such, approval of a subdivision variance is required prior to the recordation of a subdivision plat. Staff finds the variance request to be acceptable, noting approval would legalize a long-established residential parcel that has existed in its current configuration for more than 70 years.The hardship is not self-created by the current applicant, but rather stems from the historical improper subdivision of the property by deed prior to the current ownership. Additionally,the dwelling has existed on-site prior to the adoption of the City's Zoning Ordinance or Subdivision Regulations, as evidenced by the City's Real Estate Assessor's records and historic aerial imagery. Furthermore, the parcel was created at a time when the dimensional standards of the then-applicable R-D2 Residence Duplex District were substantially similar to the current R-10 requirements, with a minimum lot area of 10,000 square feet and a minimum lot width of 75 feet. In addition, Staff finds that approval of the variance will not be detrimental to adjacent properties or alter the established character of the neighborhood. The existing parcel is comparable in size and development pattern to several nearby residential lots within the Historic Seatack area, many of which are substandard in lot area and lot width.The property has historically functioned as a single-family residential lot, and the request does not seek to intensify the use of the site beyond what currently exists or what is permitted within the R-10 Residential District. Rather, the request is administrative in nature and intended to correct a longstanding title and platting deficiency. In Staff's opinion, the request arises from a specific historical subdivision irregularity tied to this parcel and its longstanding development pattern within the Historic Seatack neighborhood. Based on the existing development pattern of the area and the longstanding residential use of the property, staff finds the request to be reasonable and compatible with the surrounding neighborhood. Accordingly, staff recommends approval of the subdivision variance subject to the conditions listed below. Recommended Conditions 1. The site shall be in substantial conformance with the conceptual subdivision plan entitled "PHYSICAL SURVEY—1117 BEAUTIFUL STREET—PHYSICAL SURVEY OF PARCEL ADJOINING SEATACK EVERGREEN TERRACE" dated December 16, 2025, prepared by DKT Associates Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. Any future improvements to the existing structures on the site must meet all the dimensional requirements of the Zoning Ordinance unless a variance by the Board of Zoning Appeals is granted. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, John Tran &Lien Nguyen Agenda Item 6 page 4 of 14 and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Information This site is designated in the Comprehensive Plan as being located within Suburban Focus Area-9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area, AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels 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. John Tran & Lien Nguyen Agenda Item 6 page 5 of 14 Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2- 10 ADT Beautiful Street No Data Available No Data Available Proposed Land Use 3-10 ADT 1 Average Daily Trips 2As defined by a R-10 'As defined by a R-10 'LOS = Level of zoned single-family zoned single-family Service dwelling dwelling Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Beautiful Street is a local residential street. It is not included in the MTR No roadway CIP projects are slated for Beautiful Street. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Water&Sewer There is an 8-inch city water main and an 18-inch City sanitary sewer gravity main along Beautiful Street.The property is already connected to City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 25, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on June 4, 2026. W John Tran & Lien yNguyen Agenda Item 6 page 6 of 14 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 23, 2026 and June 30, 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 June 22, 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 July 3, 2026. John Tran & Lien Nguyen Agenda Item 6 page 7 of 14 Proposed Site Layout 1. The survey shown hereon Is based on a current field survey performed on December 9,2025 In combination with the plat or dead referenced herein.This survey was prepared without the benefit of a title report and only shows easements on the plat of record unless otherwise noted. 2. This property does not fall within a Special Flood Hazard Area as shown on the FEMA NFIP FIRM for the city of Virginia Beach.Virginia. Community Panel Number.515531 0126 O Dated:January 16.2015 This property falls within flood zone[s]: X now or fnrmerly Sykes Real nnw or formerly Properties LLC Sarah Jones (GPIN24173280090000) (GPIN:241742845600(30) / r pipe 1T 4� nw or forly er 6,4' ... Eo mer lsie L.Harris y .. (GPIN:24174274190000) pin F trams shad no found ti 1.6' PARCEL OF ND ADDRESSED ! za.6' 1 WA 117 BEAUTIFUL STREET K 9,966 SF l 6'dnyf 0.2288 AC / t , % r f /t / t / Qo Ii w now nr formerly Khary Heidelberg R (GPIN:24174255060000) m� N � 9111n7� y$r oN Mx 0.1' be I 0.1 HVAC a N 19.0' 3J.a r 3't ditch iiIgnt 24.r ��r overtmed 322.40'to S 83.45-00"E 54.14' Birdneck Road BEAUTIFUL STREET 30'public right-of-way DRAWING SCALE 1'a 20' (DEN <TH Op 1117 BEAUTIFUL STREET L PHYSICAL SURVEY OF O 4 t2 20 40 �i`i PARCEL ADJOINING SEATACK EVERGREEN TERRACE -1♦ —� 1 _ (M.B.2825 P.482,DEED 1NST1i202SO3012301) s to TAFLAM BAS : Virginia Reach,Virginia FonDecember 16,2025 AdDKTASSOCIATESNo.002189 JohnTran LAND SURVEYORSI6/LS1232 W.Little Creek Rd.(757)588.551188 TEL �� ��N0. 32.OS REVISED -- SIZE LEGAL suite300 (757)583-yelp FAXSUR� F.BOOK 482f44 REVIEWED MP SHEET N.dalk,VA 23505 DKTAlsOCKTEs.COR F.CREW MF DRAWN BY JH OF John Tran & Lien Nguyen Agenda Item 6 page 8 of 14 Site i • AR w s �F y s a John Tran & Lien Nguyen Agenda Item 6 page 9 of 14 Site • • John Tran & Lien Nguyen Agenda Item 6 page 10 of 14 Disclosure Statement V Disclosure VIRGINIA B' Statement BEACH ir ots m the disclosures contained in this form are necessary to inform Pfibli Off�i Who may vote an the opplication as to whether they have a conflict of interest under Virginia low,Completion and submission Of this forrn is required for off applications shot pertain to City reolestote 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 vthf r bodies- SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name! John Tran&Lien Nguyen as listed on application 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&Representative?YesO Not;,) if yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNo(D 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,norne proposed or pending purchaser, KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an o in he subject land or any proposed development contingent on the subject public action? YesntioW O NoQ) 11 yes,name the afficinl or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE RF54D.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�individyol ,_._. Financing(mortgage,deeds of trust, 0 ((,) cross-collateralization,etc.) Mi Real Estate Broker/Agent/Realtor 0 0 1 Disclosure Statement I rev. M a y-2024 page I of 3 John Tran & Lien Nguyen Agenda item 6 page 11 of 14 Disclosure SECTIONAPPLICANT continued q SERVICE YES NO SERVICE PROVIDER Name entice and or individual AccountJn ax Ret P urn Preparation 0 © Lien Nguyen/Owner gJT_ _. _ . Architect/Designer/Landscape Architect/Land Planner Construction contractor o 0 Engineer/Surveyor/Agent 0 G _. _. Legal Services O 0 APPLICANT CERTIFICATION { I READ:l certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. John Tran 12129/2025 Applicant Name(Print) Kpplicant Signature Date `Porent-subsidiary relationship'means`o 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 Fact,VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiory relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(it) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shored management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities,"See State and Local Government Conflict of interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY. No changes as of(date): 6 24 2026__._ rz�5�� Marchelle L Coleman { � 6/24/2026 Staff Name(Print) Staff Signature Hate Disclosure Statement ( rev. May-2024 page 2 of J John Tran & Lien Nguyen Agenda Item 6 page 12 of 14 Disclosure Statement SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on opplication John Tran&Lien Nguyen Is the Owner 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-subsidia2 I or ajfiIiqted business entity:relationshi with the applicant.LAttoch list i L necesnL sq....... _ yj Does the subject property have a proposed or pending purchaser? Yes( No If Yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes No() if yes,norne the official or employet, and describe the nature of tnk �-'L—" PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary,) SERVICE YES NO SERVICE PROVIDER [Name entity and/or individual) Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 -E) Real Estate Broker/Agent/Realtor 0 0 Accountin x Return Preparation E) 0 Lien Nguyen/Owner Architect/Designer/Landscape Architect/Land Planner 0 E) Construction Contractor 0 G Engineer/Surveyor/Agent 01 co I Legal Services 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,I arn 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, 12 12 G Property Owner Name(Print) PropAy Owner Signature to Disclosure Statement I rev, M a V-2024 page 3 of 3 John Tran & Lien Nguyen Agenda Item 6 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. John Tran & Lien Nguyen Agenda Item 6 page 14 of 14 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #6 John Tran & Lien Nguyen Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Hearing none,we move on to agenda item six. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Ms.Nguyen: Good afternoon. My name is Lien Nguyen. Mr. Tran: John Tran. Ms. Byler: Are the conditions acceptable to you? Ms. Nguyen: Yes, ma'am. All conditions are acceptable. Ms. Byler: Thank you. You may be seated. Ms. Nguyen: Thank you. Mr. Tran: Thanks. Ms.Byler: Is there any opposition to this item being added to the consent agenda? Hearing none, I have asked Commissioner Plumlee to read it into the record. Mr. Plumlee: This is an application for subdivision variance by John Tran and Lyen Nguyen at 1117 Beautiful Street. The site currently contains a single-family dwelling constructed in 1940, located within the historic Seatack suburban focus area, as well as within the 75 DB noise zone and accident potential zone. It was improperly subdivided by deed in July 1954, and this application is attempting to correct that. There has been no objection from the community. It's recommended by staff, and there was no objection by any member of the planning commission. Therefore, it's on the consent agenda. Ms. Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you,Commissioner Hippen. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the minutes as presented by Commissioner Camp, and twelve items known as agenda items:one,two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen. Mr. Coston: Thank you. Do I have a motion to approve by consent the items as read? Ms. Hippen: So moved. Mr. Mauch: Second. Noting the modification to Agenda item number eight. Mr. Coston: Okay. It's moved by Commissioner Hippen and seconded by Commissioner Mauch. Are we ready for the question? Clerk: The vote is open. By a recorded vote of eleven to zero, with all aforementioned abstentions, all aforementioned minutes and items one, two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting either verbally, virtually, or in person, but you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair) X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moor ani X Mauch X Conditions 1. The site shall be in substantial conformance with the conceptual subdivision plan entitled "PHYSICAL SURVEY—1117 BEAUTIFUL STREET—PHYSICAL SURVEY OF PARCEL ADJOINING SEATACK EVERGREEN TERRACE" dated December 16, 2025, prepared by DKT Associates Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. Any future improvements to the existing structures on the site must meet all the dimensional requirements of the Zoning Ordinance unless a variance by the Board of Zoning Appeals is granted. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. AGz BACK BAY LANDING �"a N AG2 ® site Matthew & Jessica Firme d zoning 1492 Back Bay Landing Road Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 6/9/2026 r,�t3N.e,EjCy�, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MATTHEW AND JESSICA FIRME [Applicants & Property Owners] Modification of Conditions to a Conditional Use Permit) for the property located at 1492 Back Bay Landing Road (GPIN 2318631219). COUNCIL DISTRICT 2 (Henley) MEETING DATE: July 7, 2026 ■ Background: The applicant is seeking to modify a condition associated with a previously approved Conditional Use Permit for a Home Occupation, approved by the City Council on January 20, 2026. The applicant wishes to expand the home occupation to include gunsmithing in addition to the small parts repair within a 200 square foot portion of an existing detached garage. The previously approved conditions specified that no customers would come to the site; therefore, a Modification of Conditions is required to accommodate customers for the proposed gunsmithing business. While the firearms will primarily be mailed to the site, the applicant may allow customers on-site by appointment only, with one customer on-site at any given time. ■ Considerations: The site is located within the Rural Area, which calls for proposals to protect the rural character and not require the extension of urban services. The proposed Home Occupation will take place within an existing detached garage, resulting in no changes to the site or requiring the extension of city services. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 500 square feet. As the applicant only intends to utilize 200 square feet for the Home Occupation, the proposal satisfies the square footage requirement. All requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance can be reasonably met with this application. Consistent with other similar Home Occupation requests, a condition is recommended to require a City of Virginia Beach Police Office conduct a security assessment of the home in the presence of the applicant within one month of obtaining the Conditional Use Permit. Additionally, the applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Matthew and Jessica Firme Page 2 of 3 Tobacco, Firearms and Explosives (ATF) in order to conduct business. There is no known opposition to this request. At the Planning Commission hearing, the applicant requested that clarifying language be added to Condition 5 to differentiate between gun sales and gun transfers, which the Planning Commission was amenable to. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 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 for the property located at 1492 Back Bay Landing Road of January 20, 2025, shall be voided and replaced with the following conditions below. 2. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 3. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in order to conduct business. 4. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 5. There shall be no selling with the exception of transfers directly related to gunsmithing activities, reloading, or manufacturing of firearms or ammunition on the site. 6. Hours of operation shall be from 5:00 p.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5.00 p.m., Saturday and Sunday. 7. There shall only be one (1) customer on site at any given time. 8. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 9. The use shall not create noise, dust, smoke, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more Matthew and Jessica Firme Page 3 of 3 frequent extent than would normally be expected in the area under normal circumstances, wherein no home occupation exists. 10. All activities related to the proposed Home Occupation shall only be conducted within a 200 square foot area of the detached garage on the property. 11. No amplification of music or use of speakers shall be permitted except within the enclosed accessory structures. 12. There shall only be one (1) employee associated with this home-based business. 13. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:�� Agrenda Applicant & Property Owner: Matthew and Jessica Firme Planning Commission • • 1 2026 CouncilCity Project Details Request Modification of Conditions Staff Recommendation ' ` - -- Approval i 1 I+ Staff Planner p . 1 7� Alexis Bailey i �! Location :'_T e . r� ' - 1492 Back Bay Landing Road << GPIN 2318631219 SL U­Ak ite Size { 22,075 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Wooded lot/AG-2 Agricultural '~... aAM�A�-� f--' South Back Bay Landing Road, Grimstead Road " �.., µ Single-family dwelling, cultivated field/AG-2 � Agricultural I—A X °A East Wooded lot/AG-2 Agricultural West Single-family dwelling/AG-2 Agricultural Matthew &Jessica Firme Agenda Item 8 page 1 of 12 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to a Conditional Use Permit for a Home Occupation to perform gunsmithing, along with small parts repair, within a portion of a detached garage on a 22,075 square foot AG-2 Agricultural District zoned parcel. • On January 20, 2026, a Conditional Use Permit for a Home Occupation was granted on this property to perform small parts repair. The conditions specified that no customers would come to the site; therefore, a Modification of Conditions is required to accommodate customers for the proposed gunsmithing business. • The firearms will primarily be mailed to the site, but the applicant may allow customers on-site by appointment only, with one customer on-site at any given time. • Typical hours of operation are from 5:00 p.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m., Saturday and Sunday. • The work area will be approximately 200 square feet and will include a bench-top precision mill and lathe on a workbench to be used for both the modification of cylinder heads found in small engines and gunsmithing. • The applicant will be the sole operator of the business. No other employees are proposed. • As required by federal law, the applicant will obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). All firearms will be secured in the home in accordance with ATF regulations. • Additionally, a City of Virginia Beach Police Officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. M Matthew&Jessica Firme Agenda Item 8 page 2 of 12 Zoning # Request 1 CUP (Home Occupation)Approved 01/20/2026 1 AG2 AG2 —BACK'B Y L'gNdIN`G R AG2 AG2 0 v Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ.Conditional Rezoning STC:Street Closure STR:Short Term Rent MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation - • • • The request for a Modification of Conditions is, in Staff's opinion, acceptable.The applicant is proposing to expand the previously approved Home Occupation to include gunsmithing in addition to the small parts repair within a 200 square foot portion of a detached garage. The site is located within the Rural Area, which calls for proposals to protect the rural character and not require the extension of urban services.The proposed Home Occupation will take place within an existing detached garage, resulting in no changes to the site or requiring the extension of city services. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to S00 square feet. As the applicant only intends to utilize 200 square feet for the Home Occupation, the proposal satisfies the square footage requirement. In Staff's opinion, this use will not change the character of the area and will not adversely impact the surrounding properties. Based on the considerations above, Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance. As such, Staff recommends approval of the request subject to the conditions below. Matthew&Jessica Firme Agenda Item 8 page 3 of 12 Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit for the property located at 1492 Back Bay Landing Road of January 20, 2025, shall be voided and replaced with the following conditions below. 2. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 3. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in order to conduct business. 4. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 5. There shall be no selling with the exception of transfers directly related to gunsmithing activities, reloading, or manufacturing of firearms or ammunition on the site. 6. Hours of operation shall be from 5:00 p.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m., Saturday and Sunday. 7. There shall only be one (1) customer on site at any given time. 8. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 9. The use shall not create noise, dust, smoke, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the area under normal circumstances, wherein no home occupation exists. 10. All activities related to the proposed Home Occupation shall only be conducted within a 200 square foot area of the detached garage on the property. 11. No amplification of music or use of speakers shall be permitted except within the enclosed accessory structures. 12. There shall only be one (1) employee associated with this home-based business. 13. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the Matthew&Jessica Firme Agenda Item 8 page 4 of 12 issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Previous • • • for 125 Conditional Us- Permit1. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 2. There shall be no retail sales of any products or merchandise to the general public from the site. 3. The use shall not create noise, dust, smoke,vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the area under normal circumstances wherein no home occupation exists. 4. No more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 200 square foot area within the detached garage on the property. 5. No amplification of music or use of speakers shall be permitted except within the enclosed accessory structures. 6. There shall only be one (1) employee associated with this home based business. Comprehensive Plan Information The site falls within the Rural Area. A goal for the Rural Area includes protecting the rural character and existing scenic views, and that non-residential, locally oriented retail or services are limited in the rural area so as not to require the extension of urban services (p. B-13, Reference Handbook). Matthew&Jessica Firme Agenda Item 8 page 5 of 12 ImpactsNatural & Cultural Resources The site is located in the Southern Rivers watershed and the Special Flood Hazard Area (SFHA) Zone AE with a Base Flood Elevation (BFE) of 3 feet. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic TraflSc Counts Street"Name"" _ - , /alum k it CaP Generat�tl Traffic Back Bay Landing Existing Land Use 2- 10 ADT No Counts Available No Counts Available Road Proposed Land Use 3-10 ADT 1 Average Daily Trips 'As defined by a 'As defined by a 4LOS = Level of Single-family dwelling Single-family dwelling Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) There are no MTP or CIP projects in the vicinity of the site. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Water&Sewer The site cannot connect to city water and sewer. The site is connected to well and septic. Matthew&Jes sic a Firme Agenda Item 8 page 6 of 12 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) were placed on the property on May 11, 2026. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 26, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on June 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 23, 2026 and June 30, 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 June 22, 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 July 3, 2026. Matthew&Jessica Firme Agenda Item 8 page 7 of 12 Existing Building • • Detached Garage e rn'T 2 1 s Br P 0'X20' (ql D6 12 rea Area of Proposed Home Occupation 17TXKOOU 5 2t is`=.�d P �1 1 s Br Single- C, 2x. Family Dwelling 1492 BACK DAY LANDING RD Matthew &Jessica Firme Agenda Item 8 page 8 of 12 Site • • t. � s it +5 Matthew &Jessica Firme Agenda Item 8 page 9 of 12 Disclosure CITY OF � VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: f as listed on application Is Applicant also the Owner=of the subject property? Yes®No® If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No0 If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONo c0 1f 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.) Does the subject property have a proposed or pending purchaser? Yes No,r If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesO No If yes,name the official or employee,and describe the nature of their interest. 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.) SfRVICE YES NO SERVICE PROVIDER _- (Name entity and/or individual) Financing(mortgage,deeds of trust,' O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 10 Disclosure Statement I rev. May-2024 page 1 of 3 Matthew &Jessica Firme Agenda Item 8 page 10 of 12 SECTIONDisclosure Statement .. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return_Preparation J Il Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 �Q Engineer/Surveyor/Agent O �rJ Legal Services o Q 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. ' i I�7`,� ItJ GX lJlJcef� Applicant Name(Print) Applicant Sigrttur� v 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"c relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities,"See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): June 16, 2026 Alexis Bailey l ids earl<i� 6/18/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Matthew &Jessica Firme Agenda Item 8 page 11 of 12 Next Steps -1 • 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&Jessica Firme Agenda Item 8 page 12 of 12 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #8 Matthew & Jessica Firme Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on our consent agenda is item eight. Is there a representative here to speak on this? Please come forward. And please state your name for the record. Mr. Firme: Matthew Firme. Ms.Byler: Thank you, sir. Are the conditions acceptable to you? Mr.Firme: Yes,the conditions are acceptable,with the modification to line item five's verbiage. Just for clarification for me to move forward and get other permits. Ms. Byler: And what is the modification? Mr. Firme: I would like to add the phrase of, with the exception of transfers directly related to gunsmithing activities. Ms. Byler: Okay,thank you. Mr. Firme: Thank you. Ms. Byler: You may be seated. Mr.Firme: Thank you. Ms.Byler: Is there any opposition to this item being added to the consent agenda? Hearing none, we have asked Commissioner Cromwell to read it into the record. Mr. Cromwell: This application comes from Matthew and Jessica Firme at 1492 Back Bay Landing Road. The applicant is requesting a modification of conditions to a conditional use permit for a home occupation to perform gunsmithing, along with small parts repair, within a portion of a detached garage on a 22,075 square foot AG-2 agricultural district. The firearms will primarily be mailed to the site,but the applicant may allow customers on site by appointment only,with one customer on site at any given time. The applicant will be the sole operator of this business. As required by federal law, the applicant will obtain a federal firearms license. Additionally, a City of Virginia Beach Police officer will conduct a security assessment. Hearing no opposition to this application,we approved it for the consent agenda. Mr. Plumlee: Madam Vice Chair, may I ask a question? I was trying to write down the modification to number five. Can that be clearly stated on the record one more time,just so we have that going forward? If the gentleman is still available to come and state that a little slowly for me, I apologize I couldn't write it down fast enough. If you could go slowly for me, go ahead. Mr.Firme: Okay,on item number five,the verbiage says, "There shall be no selling."As I move forward with the ATF, they can construe that differently with transfers at times. I've experienced this before in the past. So after "there shall be no selling," I wish to add, "with the exception of transfers directly related to gunsmithing activities." Mr. Plumlee: Directly related to gunsmithing activities. Mr. Firme: Smithing,not selling. Mr. Plumlee: Got it. Thank you very much. I appreciate that. I apologize for the interruption. Mr. Firme: Okay. Thank you, sir. Ms. Eisenberg: And for further clarification, Commissioner Cromwell, when you read that into the record, isn't it your intent to add that language to the condition? Mr. Cromwell: Go ahead and add the condition. Ms.Eisenberg: Is that the intent? Mr. Cromwell: Yes,that is fine. Ms. Byler: Thank you, Commissioner Cromwell. Thank you, Commissioner Plumlee, for the clarification. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you,Commissioner Hippen. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the minutes as presented by Commissioner Camp, and twelve items known as agenda items: one,two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen. Mr. Coston: Thank you. Do I have a motion to approve by consent the items as read? Ms. Hippen: So moved. Mr. Mauch: Second. Noting the modification to Agenda item number eight. Mr.Coston: Okay. It's moved by Commissioner Hippen and seconded by Commissioner Mauch. Are we ready for the question? Clerk: The vote is open. By a recorded vote of eleven to zero, with all aforementioned abstentions, all aforementioned minutes and items one, two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application on the consent agenda,your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either verbally, virtually, or in person, but you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X Byler (Vice Chair) X Schoonover X Plumlee X Hi en X Cuellar X Coston (Chair) X Moor'ani X Mauch X Conditions 1. All previous conditions attached to the Conditional Use Permit for the property located at 1492 Back Bay Landing Road of January 20, 2025, shall be voided and replaced with the following conditions below. 2. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 3. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol,Tobacco, Firearms and Explosives (ATF) in order to conduct business. 4. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 5. There shall be no selling with the exception of transfers directly related to gunsmithing activities, reloading, or manufacturing of firearms or ammunition on the site. 6. Hours of operation shall be from 5:00 p.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m., Saturday and Sunday. 7. There shall only be one (1) customer on site at any given time. 8. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 9. The use shall not create noise, dust, smoke, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the area under normal circumstances, wherein no home occupation exists. 10. All activities related to the proposed Home Occupation shall only be conducted within a 200 square foot area of the detached garage on the property. 11. No amplification of music or use of speakers shall be permitted except within the enclosed accessory structures. 12. There shall only be one (1) employee associated with this home-based business. 13. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. r r� R5R(NE) R5R VIVA aft ® site Your Not Alone LLC C= Zoning 207 79th Street, Suite C W*1: Property Polygons Feet 0 90 20 40 60 80 Map created by Planning Department on 6/9/2026 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: YOUR NOT ALONE LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit) for the property located at 207 79th Street, Suite C (GPIN 24195873653207). COUNCIL DISTRICT 6 (Remick) MEETING DATE: July 7, 2026 ■ Background: The applicant is requesting a Modification of Conditions to a previously approved Conditional Use Permit for a Short Term Rental to allow the utilization of an existing additional bedroom. On August 25, 2020, the City Council approved a Conditional Use Permit for a Short Term Rental for the subject property; however, the approval only permitted two of the three bedrooms to be used. The reduction in the number of bedrooms used was based on the fact that only two of the three required parking spaces were provided on-site. The third parking space, while still in the applicant's driveway, was located within the right-of-way, and a 3.5-foot-wide sidewalk bisected the proposed parking spaces. While parking within the right-of-way is permitted so long as the spaces do not interfere with pedestrian or vehicular traffic, and while the parking plan submitted with the 2020 application demonstrated that the three spaces could be accommodated within the driveway without blocking the sidewalk, due to potential impacts to pedestrian traffic, the City Council at that time chose to limit the use to two bedrooms. The site has three prior zoning complaints for the operation of a Short Term Rental without a Conditional Use Permit or Short Term Rental Zoning Permit; however, those complaints were unsubstantiated, as the unit has both a Conditional Use Permit and Short Term Rental Zoning Permit. The site is currently advertised, and the last known documented stay was April 19, 2026. ■ Considerations: The proposed modification will not result in any physical changes to the site, as the three-bedroom dwelling and three-car driveway are proposed to be used as- is. Short Term Rentals require one parking space per bedroom. This site contains three bedrooms and requires three off-street parking spaces. The site has a three- car driveway, and while one of the proposed spaces is within the right-of-way, Zoning has determined that the space would not impact pedestrian or vehicular traffic, and therefore, finds the parking plan acceptable. Additionally, the "No Blocking Sidewalk" sign conditioned with the 2020 approval was installed as required and continues to be conditioned with this request. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Your Not Alone LLC Page 2 of 5 Rentals can be reasonably met with this application. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. All previous conditions attached to the Conditional Use Permit approval of August 25, 2020, shall be voided and replaced with the following conditions below. 2. The following conditions shall only apply to the dwelling unit addressed as 207 79t" Street, Unit C and the Short Term Rental use shall only occur in the principal structure. 3. An all-weather "No Blocking Sidewalk" sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way (driveway). The location, material, and content of the sign shall be submitted for review by the Zoning Administrator within 30 days of a favorable decision by City Council. Said sign shall be installed on the property, at a location deemed acceptable to City Staff, within 60 days of the Zoning Administrator's approval. 4. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 5. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 6. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 7. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 8. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the Your Not Alone LLC Page 3 of 5 renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 9. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 10.The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 11.If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 12.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 13.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 14.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 15.Accessory structures shall not be used or occupied as Short Term Rentals. Your Not Alone LLC Page 4 of 5 16.No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 17.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 18.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 19.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 20.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 21.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a. A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that Your Not Alone LLC Page 5 of 5 a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 22.A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department akly City Manager:AO Agenda Item 9 Applicant & Property Owner: Your Not Alone LLC Planning Commission ' • 1 2026 CouncilCity 1 • •• Project Details Request Modification of Conditions y Staff Recommendation Approval sgtgs k ;, .. Staff Planner o66 ',� Alexis Bailey r � t Z p rt O gT C, Location 207 79th Street, Suite C = l�o m GP/N 24195873653207 q �"FRET Site Size , NSA A 3,174 square feet AICUZ 1 6" , Less than 65 dB DNL Watershed Chesapeake Bay ' N Existing Land Use and Zoning District Duplex dwelling/ R-5R Residential Surrounding Land Uses and Zoning Districts North ` YI �III`I�� Duplex dwelling/ R-5R Residential ' ,,: South 79th Street �� H Duplex dwelling/ R-5R Residential e East dwelling Duplex R-5R Residential - p g/ West Duplex dwelling/ R-5R Residential Your Not Alone LLC Agenda Item 9 page 1 of 15 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to a Conditional Use Permit for a Short Term Rental to allow the utilization of an additional bedroom for the Short Term Rental on this 3,174 square foot R-5R Residential District zoned parcel. • On August 25, 2020, the City Council approved a Conditional Use Permit for a Short Term Rental for the subject property; however, the approval only permitted two of the three bedrooms to be used for Short Term Rental Use (Condition 18). The reduction in the number of bedrooms was based on the fact that only two of the three required parking spaces were provided on site.The third parking space, while still in the applicant's driveway, was located within the right-of-way, and a 3.5-foot-wide sidewalk bisected the proposed parking spaces. While parking within the right-of-way is permitted so long as the spaces do not interfere with pedestrian or vehicular traffic, and while the parking plan submitted with the 2020 application demonstrated that the three spaces could be accommodated within the driveway without blocking the sidewalk, due to potential impacts to pedestrian traffic, the City Council at that time chose to limit the use to two bedrooms. • Three prior zoning complaints were received for the site on February 1, 2022, October 17, 2023, and on January 17, 2024, for operation of a Short Term Rental without a Conditional Use Permit or Short Term Rental Zoning Permit; however, those complaints were unsubstantiated as the unit had both a Conditional Use Permit and Short Term Rental Zoning Permit. • Per Section 241.2(1) of the Zoning Ordinance, Short Term Rentals require one parking space per bedroom. This site contains three bedrooms and requires three off-street parking spaces. The site has a three-car driveway, thereby satisfying the parking requirement. • Known Short Term Rental activity as of June 2, 2026, as shown below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Yes April 19, 2026 Yes Your Not Alone LLC Agenda Item 9 page 2 of 15 Zoning • # Request 1 CUP (Short Term Rental) Approved 08/25/2020 R5R(NE R5R 7stH SIC R,R(NE) Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ. Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation • • • In Staff's opinion, the proposed Modification of Conditions for a Conditional Use Permit for a Short Term Rental is acceptable. The proposed modification will not result in any physical changes to the site, as the three-bedroom dwelling and three-car driveway are proposed to be used as-is. It is the policy of the Zoning Division to permit parking within the right-of-way so long as the proposed parking does not impede pedestrian or vehicular traffic. The parking plan provided with this request was reviewed by Zoning staff and determined to be acceptable. Additionally, the "No Blocking Sidewalk" sign conditioned with the 2020 approval was installed as required and staff is recommending to retain that condition should this request be approved. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Staff does not foresee any adverse impacts to the surrounding properties as a result of the request, and for this reason, Staff recommends approval of this application, subject to the conditions listed below. Your Not Alone LLC Agenda Item 9 page 3 of 15 Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit approval of August 25, 2020, shall be voided and replaced with the following conditions below. 2. The following conditions shall only apply to the dwelling unit addressed as 207 79t" Street, Unit C and the Short Term Rental use shall only occur in the principal structure. 3. An all-weather "No Blocking Sidewalk" sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way (driveway). The location, material, and content of the sign shall be submitted for review by the Zoning Administrator within 30 days of a favorable decision by City Council. Said sign shall be installed on the property, at a location deemed acceptable to City Staff, within 60 days of the Zoning Administrator's approval. 4. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 5. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 6. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 7. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 8. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 9. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 10. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. Your Not Alone�LLC Agenda Item 9 page 4 of 15 11. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 12. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 13.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 14. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 15. Accessory structures shall not be used or occupied as Short Term Rentals. 16. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 17. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 18. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 19. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 20. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 21.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection Your Not Alone LLC Agenda Item 9 page 5 of 15 requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a. A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 22. A structural safety inspection report shall be provided to the city every five (5)years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Your Not Alone LLC Agenda Item 9 page 6 of 15 Previous Conditions for 2020 Conditional Use Permit 1. The following conditions shall only apply to the dwelling unit addressed as 207 79th Street, Unit C and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. An all-weather "No Blocking Sidewalk" sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way (driveway).The location, material, and content of the sign shall be submitted for review by the Zoning Administrator within 30 days of a favorable decision by City Council. Said sign shall be installed on the property, at a location deemed acceptable to City Staff, within 60 days of the Zoning Administrator's approval. 4. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. Your Not Alone LLC Agenda Item 9 page 7 of 15 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 18. The property shall be limited to having two bedrooms available for Short Term Rental use. The applicant shall submit a floor plan to the zoning office noting the converted bedroom as "shall not be used as a bedroom when property is being used as a Short Term Rental." Any advertisement for the Short Term Rental shall indicate a limitation of two (2) bedrooms and two (2) parking spaces, as shown on the modified site plan Your Not Alone LLC Agenda Item 9 page 8 of 15 Comprehensive Plan Information The Comprehensive Plan designates this site as being within the North End Suburban Focus Area (SFA) and is within the North End Overlay District. Land use combability within the Suburban Area is a key component "to the stability of the city's neighborhoods." (p. 1-62, Comprehensive Plan 2016 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. Impacts/TransportationTraffic Traft Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-No Data Available 79th Street Not Data Available No Data Available Proposed Land Use 3-No Data Available 1 Average Daily Trips 2As defined by a short 'As defined by a short 'LOS = Level of term rental term rental Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) There are no Master Transportation Plan (MTP) or Capital Improvement Program (CIP) projects on this portion of 79th Street. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Water&Sewer The property is already connected to city water and sanitary sewer.There is a 4-inch city water main and an fl- inch city sanitary sewer gravity main along 79th Street. Your Not Alone LLC Agenda Item 9 page 9 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026 and June 3, 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 May 25, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on June 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 23, 2026 and June 30, 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 June 22, 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 July 3, 2026. Your Not Alone LLC Agenda Item 9 page 10 of 15 LayoutSite • Parking Plan or +�+` { +?r�' M. � 4.E Property Ot Line �..f Approximate area of i ¢ i as No Blocking C n Area t Shod Tom Aewalk" sign atP ct:ed Coneiral a I near mailboxes Arra 2 Unit > 14 tr icted Orr$1 COMM'MArea .I in M► "Y M F1IKO 4$ t M nOOD 14DW, C- ww cowiwuY Parking NOW 4AM i7 i9 ' Spaces IV F . C*ftrWM 79 Strut (W r-o- ) Your Not Alone LLC Agenda Item 9 page 11 of 15 Site • • d HER— Your=: u mnv+�:,ca.:mx Not Alone LLC Agenda Item 9 page 12 of 15 Disclosure Disclosure VB' BE ACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove a conflict of interest under Virginia law.Completion and submission of this form is required far all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions,or other bodies. SECTION APPLICANT INFORMATION Applicant Name: YOUR NOT ALONE LLC as listed on application Is Applicant also the Owner of the subject property? Yes No0 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese No® If yes,name Representative: Jason E COX Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No 1 If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No •D If yes,name the official or employee,and describe the nature of their interest. r -- 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 and/or individual) Financing(mortgage,deeds of trust, ® Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Q Disclosure Statement I rev. May-2024 page 1 of 3 Your Not Alone LLC Agenda Item 9 page 13 of 15 Disclosure SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation Myron Nahra/Global Communications Cor Architect/Designer/Landscape o Q Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Michael J Hunt 7e,� 9 rS/cz�tt 3/25/2026 Applicant Name(Print) Applicant Si ature Date 1'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2`Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(h) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 6/16/2026 Alexis Bailey ��/.,f� 6/1 2026 Staff Name(Print) Staff Signaturd Date Disclosure Statement I rev. May-2024 page 2 of 3 Your Not Alone LLC Agenda Item 9 page 14 of 15 • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Your Not Alone LLC Agenda Item 9 page 15 of 15 STIR VICINITY MAP YOUR NOT ALONE LLC moo, x y � i 1 r 79-114 , , t ` kp t 1 � x tt Short Terin Rentals� _. y 0 STR Permits(19) Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #9 Your Not Alone LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: So, our next order of business is our regular agenda. Madam Clerk. Clerk: Our first item is item Nine. You're Not Alone,LLC. Mr. Coston: Please state your name for the record. Mr. Cox: Jason Cox. Mr. Coston: Do you want to tell us about your project? Mr. Cox: Oh yeah, of course. This is for the unit 207, C, at 79th Street on the north end. The current zoning that's in place calls for two parking spaces on the front side of the driveway, and we are trying to modify the conditional use permit to allow for a third parking space on the rear half of the driveway. In my communications with Alexis,the parking space is defined as nine feet by eighteen feet, and we have more than that to not impede the roadway or the sidewalk in the front. So we are just requesting that modification to allow for three spaces. Mr. Coston: Okay. I think Commissioner Plumlee has a question for you. Mr. Plumlee: Yes, sir. I'm sorry. If you could tell me your name one more time. Mr. Cox: Jason Cox. Mr. Plumlee: Mr. Cox,you're with the company You're Not Alone, LLC. Is that correct? Mr. Cox: Yes, sir. Correct. Mr. Plumlee: Is that a company owned by another company, or is it standalone? Mr. Cox: It's standalone. The owner of that is Michael Hunt. He lives down in New Smyrna Beach, Florida, and I'm his registered agent and property manager on site here. Mr.Plumlee: So you're the person contacted if there's an issue? Mr. Cox: Absolutely yes. Mr. Plumlee: And do you manage other STRs? Mr. Cox: I do not. No. Mr. Plumlee: This is the sole one. With regard to this property, this location, have you spoken with the immediate neighbors of this location, and what are their general thoughts on the matter? Mr. Cox: The building 207 C,which is us, is the right backside of the building. That driveway splits directly down the middle,and the left side,D side,they've always had the four parking spots. When Mike originally went through this back in 2020,for whatever reason,he only got zoned for the two, even though we have more room in the driveway,just like the left side. Our immediate concern, and I guess the reason that prompted all of this, is that the amount of parking spaces in the driveway has to directly correlate with the amount of bedrooms that can be advertised in the STR. And our property is actually a three-bedroom unit. But back when the approval for the two spots happened in 2020,we actually changed how we advertised it to two bedrooms when, in fact, we actually do have three. We just thought that we didn't meet the requirements for that third one. And then after kind of speaking with Alexis and looking up the zoning and what it should be for that spot,we actually do have enough room for that third one. Mr. Plumlee: What is submitted here is a stamped surveyor. Is that the work of a surveyor, or was that just taking a survey and overlaying the other data on it? Mr. Cox: I got a copy of that from Alexis. I'm not sure if they had a surveyor do that or not. Ms.Alcock: Commissioner Plumlee,that would be a markup of a survey. Mr.Plumlee: And that's important. Have these three proposed parking areas been independently surveyed by you to determine whether, in fact, that property is owned by this residence? Mr. Cox: Yes, because the two in the front were already approved for the zoning, and then we were just trying to get that third one on the back half of the driveway. I went out there and measured,made sure the width was more than nine feet, which it was, and then from the "Do Not Block Sidewalk" sign to the roadway, I think we've got like 27 feet, so we more than meet the number. Mr.Plumlee: So you're saying that's been surveyed,and you're stating that on the record, it's been surveyed. It's not encroaching on any sort of public right of way,not encroaching on any easement in that area, and it's free for parking. Is that fair? Mr. Cox: Correct. Mr.Plumlee: Thank you very much. That's my question. I appreciate that. Mr. Coston: Madam Clerk, we don't have any speakers for this item, do we? Clerk: There are no speakers for this item. Mr. Coston: The chair would like to hear either more consultation or a motion to approve. Mr.Plumlee: Mr.Chair,the applicant answered the questions I had. I ask the hearing go forward, and I'd make the motion to approve the request. If I can get a second on that. Ms. Cuellar: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Cuellar that this item be approved. Are we ready for the vote? Mr. Camp: Mr. Chair? May I be recognized. Mr. Coston: Yes, sir. Mr. Camp: Commissioner Plumlee, during your statement, you said that the third parking space is not in the right of way. If I heard correctly, I believe the staff report says it is in the right of way. Mr. Plumlee: I was asking the applicant that question. I thought the feedback was that it is not. Mr. Camp: I heard your question and his answer. With leave of the commission, may I ask staff to clarify for the record whether this is or isn't in the right of way? Ms.Alcock: It is within the right of way,Commissioner Camp. It has been the policy and practice of zoning that parking within the right of way can be counted towards meeting that parking requirement, so long as it does not impede vehicular or pedestrian traffic, which this third space would not. Mr. Camp: Thank you for the clarification. I wanted just to make sure that the record we send up to City Council is accurate on the facts. Mr.Plumlee: That was the intent to get that clarification, and that's why I say"you're saying this on the record," and so we have to be very careful what we're doing because staff does the best they can to give us this data,but what you're saying is what you're held to in the future. So,thank you, Mr. Camp. Mr. Coston: Are we ready for the vote? Clerk: The vote is open. By a recorded vote of eleven to zero, item nine, You're Not Alone,LLC has been recommended for approval. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. All previous conditions attached to the Conditional Use Permit approval of August 25, 2020, shall be voided and replaced with the following conditions below. 2. The following conditions shall only apply to the dwelling unit addressed as 207 79th Street, Unit C and the Short Term Rental use shall only occur in the principal structure. 3. An all-weather "No Blocking Sidewalk" sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way(driveway).The location, material, and content of the sign shall be submitted for review by the Zoning Administrator within 30 days of a favorable decision by City Council. Said sign shall be installed on the property, at a location deemed acceptable to City Staff, within 60 days of the Zoning Administrator's approval. 4. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 5. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 6. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 7. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 8. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 9. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 10. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 11. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 12. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 13. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 14. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 15. Accessory structures shall not be used or occupied as Short Term Rentals. renewing the permit. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 22. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use.The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. O .wO A�E SD B4 rn B4(SD) s 4 n sg a ,M n4 "` pR SVIpRENf pFt u+ SNaR SNARE pR S B2(SD Site Westminster Canterbury on Chesapeake Bay Q Zoning 3100 Shore Drive "` I. 0 Property Polygons s Feet 0 70 140 280 420 560 Map created by Planning Department on 6/22/2026 47� r5i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WESTMINSTER CANTERBURY ON CHESAPEAKE BAY [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 3100 Shore Drive (GPIN 1590005576). COUNCIL DISTRICT 8 (Cummings) MEETING DATE: July 7, 2026 ■ Background: The 16.88-acre property at 3100 Shore Drive, zoned B-4 Mixed Use and located within the Shore Drive Corridor Overlay District and Shore Drive Suburban Focus Area, has been subject to multiple Conditional Use Permit approvals since 1977 for elderly and assisted living uses, including modifications approved in 2008 for a parking structure and 2020 for a 22-story residential tower. The applicant now seeks to reincorporate the previously approved parking structure, which was removed from the 2020 conceptual site plan and never constructed. The proposed four-level parking garage will have a maximum height of 53 feet, 7 inches, and include 340 parking spaces, replacing the existing 110-space surface lot in the same footprint. The structure would be screened with the existing streetscape landscaping, which is proposed to be supplemented with additional trees. As with the 2008 approval, the applicant requests a front-yard setback deviation, with the structure located 9.79 feet from the property line at its closest point, where a 35-foot setback is normally required. Construction is anticipated to begin in November 2026 and conclude in August 2027, with parking demand during construction accommodated through the recently completed Independent Living Tower parking garage and additional surface parking expected to become available as tower construction concludes. ■ Considerations: Staff and the Planning Commission find the requested Modification of Conditions acceptable and support the applicant's proposal to amend the existing Conditional Use Permit for the assisted living campus by constructing a four-level parking garage over the existing surface parking lot at the southeast corner of the property. As stated previously, the proposal includes a front-yard setback deviation, reducing the required 35-foot setback to approximately 9.79 feet at its closest point. Due to the curved design of the structure, the setback increases to approximately 35 feet at the front west corner of the structure and approximately 50 feet at the front east corner of the structure. Staff believe the request satisfies Westminster Canterbury on Chesapeake Bay Page 2 of 5 the standards for approval, given the overall campus setting, the scale of existing development, the building's architectural design and high-quality materials, and enhanced landscaping along Shore Drive. Curved massing, masonry accents, varied materials, brick veneer, metal roofing elements, and articulated fagades are incorporated to reduce the visual impact of the structure and better integrate it with the existing Westminster campus and the Shore Drive corridor. Additionally, existing trees and vegetation along Shore Drive will be retained where possible, with additional landscaping and buffering proposed to soften the structure's appearance and maintain the corridor's landscaped character. The garage replaces an existing surface parking lot and consolidates parking in a more efficient vertical format, supporting campus operations while reducing the need for additional surface parking elsewhere on the property. The Bayfront Advisory Commission reviewed the proposal on May 21, 2026, and voted to support the application, recommending that any impacted live oak trees be preserved or replaced within two years of construction completion and that replacement trees have a minimum trunk caliper of two inches. Planning Commission voted to include the additional conditions as recommended by the Bayfront Advisory Commission, with an increase in the minimum trunk caliper to four inches, as noted in Conditions 9 & 10 below. One letter of opposition was received, noting concerns regarding the size of the parking structure, construction noise, increased traffic, and potential flooding. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0 with 1 abstention. 1. All previous conditions attached to the Conditional Use Permits and subsequent Modification of Conditions approved by the Virginia Beach City Council for the property located at 3100 Shore Drive, shall be voided and replaced with the following conditions. 2. There shall be a 9.79 front yard setback along Shore Drive for the proposed parking structure. This 9.79-foot setback is a deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 3. The parking structure shall be developed in substantial conformance to the conceptual site plan entitled "MODIFICATION OF CONDITIONS REVISED CONCEPT PLAN —WESTMINSTER CANTERBURY PARKING STRUCTURE —VIRGINIA BEACH, VIRGINIA", prepared by KIMLEY HORN, dated 05/26/2026, which has been exhibited to the Virginia Beach City Westminster Canterbury on Chesapeake Bay Page 3 of 5 Council and is on file with the Department of Planning and Community Development. 4. The parking structure shall be developed in substantial conformance to the planting exhibit entitled "WESTMINSTER CANTERBURY ON CHESAPEAKE BAY — EXHIBIT SHOWING ADDITIONAL PLANTINGS", dated 04/16/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 5. The architectural design and materials of the parking structure shall be developed in substantial conformance to the elevations entitled " MODIFICATION OF CONDITIONS CONCEPTUAL ARCHITECTURAL ELEVATIONS — WESTMINSTER CANTERBURY PARKING STRUCTURE — VIRGINIA BEACH, VIRGINIA", prepared by KIMLEY HORN, dated 04/01/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 6. The architectural design and materials of the parking structure shall be developed in substantial conformance to the renderings entitled "WESTMINSTER CANTERBURY ON CHESAPEAKE BAY — PROPOSED RENDERINGS", dated 04/16/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval during final site plan review. 8. The parking structure design shall include walls at each level of sufficient height to screen automobile headlights and to prevent glare onto adjacent properties. 9. All existing live oak trees impacted by the construction of the parking garage shall be retained to the greatest extent practicable. Any live oak tree removed or damaged as a result of development activity shall be replaced and maintained by the applicant. All retained and replacement trees shall be maintained in a healthy condition for a minimum period of two (2) years following installation or project completion. 10. Any replacement tree required pursuant to this approval shall have a minimum trunk caliper of four (4) inches at the time of planting. Westminster Canterbury on Chesapeake Bay Page 4 of 5 11.The Property shall be developed in substantial conformance with the conceptual site plan entitled "SITE PLAN - CUP", dated November 8, 2019, and prepared by D2 Architecture (the "Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 12.The quality of architectural design and materials of the buildings to be constructed on the Property, when developed, shall be in substantial conformance with the exhibit prepared by D2 Architecture, entitled "ELEVATIONS - CUP", and dated June 15, 2020 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 13.Landscaping installed on the Property, when developed, shall be in substantial conformance with that shown on the exhibit prepared by WPL, entitled "CONCEPTUAL LANDSCAPE MASTER PLAN", and dated July 21, 2020 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. 14.The Property, when developed, shall not exceed a total of 674 Independent Living units, 75 Assisted Living units, 48 Memory Support units, and 108 Skilled Nursing units. 15.Prior to the approval of the construction plans for the healthcare building, the applicant shall obtain City Council's approval for the encroachment of the proposed pedestrian bridges over Starfish Road and Ocean Shore Avenue. 16.Prior to the approval of the construction plans, the applicant shall have obtained the approval of City Council to relocate the existing public beach access easement from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line. 17.The applicant shall be responsible for any access improvements deemed necessary by Public Works/Traffic Engineering Staff, upon completion of the review of the submitted traffic impact study. 18.The independent living building, when constructed, shall have a dock area and trash bays which are fully enclosed with doors and include heavy duty sound attenuation panels lining the walls and ceilings inside the dock area. In addition, an eight (8) foot tall masonry wall lined with brick and supplemented with additional landscaping shall be installed opposite the dock area, along Westminster Canterbury on Chesapeake Bay Page 5 of 5 the length of the eastern property line. The exact species of the various types of landscaping along the wall shall be determined at final site plan review. 19.City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:w Agenda Applicant i Property • on .•' Bay V_B Planning • • • • CouncilCity i (Cummings) iddwww_� Project Details Request Modification of Conditions Staff Recommendation Approval Staff Planner - -c�N`1T5i, KE"fCH GT Marchelle Coleman 0s b ocEA sNOA E p pCRf AVE m �,A o ER4K5EN N r n m 511 v m O a t,p -m N t E G t n o 1 o m,..� m r y Z gE Location 4 S f1 bp= A z Y p� F < 4^vyU fJ �O t:- �. 3100 Shore Drive �F°p2cFp o ooREo GP/NGPPENENRpCT V p GPpENtN x 1590005576 DEPN��F �F� o, � p �_RHAVEN RD v ��u A > DRE F tc^ � S 1 ,1PDE i� ,...O o P A r Site Size SM PVE i p p G GS 5A E p NO �N A O x tYNNHAv Eh l7RCAPE w M�mp P o fi ENRYDRU Z VENDR � �c:" FVti�. 16.88 acres AICU/7 RAs,NC' Less than 65 dB DNL Watershed Chesapeake Bay ExistingLand Use and Zon/n District g �� .� cps Assisted Living Facility/ B-4 Mixed Use '015�AN v�i cT CRES SH�R Surrounding Land Uses and Zoning Districts sty©RE _ A North vim.. ➢ a Avti , :'P o�-cNT" Chesapeake Bay < s z a� _ R_ ,Cps N South o 1 pvE= ,. �, Shore Drive/Ocean Shore Avenue �oREOR z ` o y n m Multi-family dwelling, retail/A-24 Apartment, B-2 Community Business East * 5 {t� v7; t ' u �•.atc7tl. r►t'�"• Starfish Road Multi-family dwellings, retail/ B-4 Mixed Use West Multi-family dwellings/ B-4 Mixed Use Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 1 of 28 Background & Summary of Proposal -A • The 16.88-acre, B-4 Mixed Use District zoned parcel and located within the Shore Drive Corridor Overlay District and the Shore Drive Suburban Focus Area, received a Conditional Use Permit in 1977 for a Home for the Aged and an additional Conditional Use Permit in 1998 for a Home for the Aged, Disabled, and Handicapped. Subsequent approvals in 2008 and 2020 were granted by the City Council for a parking structure at the southeast corner of the site and a 22-story building with associated parking at the northeast corner of the site, respectively. • The 2008 approved Modification of Conditions permitted a two-to three-level parking structure in the same location on the property considered with this request; however, the structure was never constructed. The parking structure was removed from the conceptual site plan with the 2020 Modification of Conditions and replaced with surface parking.The applicant is now requesting approval to reincorporate the parking structure into the approved plans. • The proposed four-level parking structure, consisting of 340 parking spaces, will be located on the southeast corner of the site opposite the existing main campus building at 3100 Shore Drive, situated over the existing 110-space surface parking lot. • The applicant seeks to retain the existing streetscape and supplement it with additional buffer trees to screen the proposed parking structure from the public rights-of-way. • The proposed parking garage will have a maximum height of 53 feet and 7 inches. Proposed building materials include precast concrete sheer walls with tan brick veneer accents and a batten-seam metal roof. • Similar to the previously approved 2008 parking structure application, the applicant is requesting a deviation from the required front yard setback with this request. While the Zoning Ordinance requires a minimum front yard setback of 35 feet, the proposed structure is located approximately 9.79 feet from the property line, at the closest point. Accordingly, the applicant seeks approval of the setback deviation pursuant to Section 221(i) of the Zoning Ordinance. Due to the curved design of the structure, the setback increases to approximately 35 feet at the front west corner of the structure and approximately 50 feet at the front east corner of the structure. • The applicant anticipates beginning construction of the proposed parking structure around November 1, 2026, with completion expected around August 2027. During the construction period, the existing surface parking spaces located within the footprint of the proposed structure will be temporarily unavailable.To accommodate parking demand during this time, the applicant plans to utilize the new parking garage associated with the Independent Living Tower, which will provide 376 parking spaces, many of which are expected to become available as new tenants begin occupying the building early next year. Additionally, the existing surface parking lot currently utilized by contractors for the construction of the tower is expected to become available as construction activity winds down and contractors vacate the site in November 2026. Based on these accommodations, the applicant anticipates that sufficient parking will remain available for residents and guests throughout construction of the proposed parking structure. Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 2 of 28 • Since the property is located within the Shore Drive Corridor Overlay District, the applicant appeared before the Bayfront Advisory Commission (BAC) on May 21, 2026, to brief the commission on the proposal. More detailed information regarding this meeting is provided in the evaluation section of this report. Zoning # Request MDC Approved 09/22/2020 MDC Approved 07/08/2008 CUP (Home for Aged, Disabled and OCEAN = ct 1 Handicapped—Extension)Approved SµORE N 06/09/1998 \\t, f B4{SD) EAN-�RES CUP (Home for Aged, Disabled and Handicapped)Approved 11/14/1977 ,4 y� ,, Rr N CUP(Open Air Market) Approved 07/07/2015 O s c--� j0 m 2 CUP Church Approved 01 11 1994G� cn ° y �= �0 v y (Church) pp / / Q � 2 3 CUP(Wedding Chapel)Approved 01/13/2009 fP�' �� a� .) r' y sNaREpN O z`- m ' CUP(Multiple Family Dwellings) Approved 4 NW, A18(SD)12/03/2002 -QiP� CUP(Residential Multiple Family Dwellings) 5 Approved 11/27/2001 6 REZ Approved 11/28/2000 7 STC Approved 07/12/1995 8 STC Approved 08/19/1974 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rent MDC:Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation • • • This request for a Modification of Conditions is, in Staff's opinion, acceptable. As stated previously, the applicant is requesting to modify the previously approved Conditional Use Permit for a Home for the Aged, Disabled, and Handicapped to construct a four-level parking garage on the existing surface parking lot located on the southeastern corner of the site. The subject property has long been established as an Assisted Living Facility within the Shore Drive Corridor, with prior approvals dating back to 1977 & 1998 and subsequent City Council actions in 2008 and 2020 Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 3 of 28 recognizing the continued evolution and expansion of the site.The proposed parking structure is generally consistent with the previously approved 2008 concept and is intended to support the operational parking demands associated with the existing and approved campus development. As mentioned previously, the proposed structure requires a deviation from the required 35-foot front yard setback to allow 9.79 feet at the front yard setback. Section 221(i) of the Zoning Ordinance authorizes City Council to approve such deviations when good cause is demonstrated and no significant adverse impact on surrounding properties is expected. Staff finds that the request can be accommodated given the overall campus context, the scale of existing development on the property, and the proposed architectural and landscaping treatments.The structure has been designed with curved massing, masonry accents, varied materials, and architectural detailing intended to reduce the appearance of a purely utilitarian parking facility and better integrate the building into the existing Westminster campus. In addition, the proposed brick veneer, metal roofing elements, and articulated fa4ades are intended to complement the established architectural character of the development and the broader Shore Drive corridor. Staff further notes that the structure replaces an existing surface parking lot and consolidates parking in a more efficient vertical format, which helps support continued campus functionality while limiting the need for additional surface parking areas elsewhere on the site. Although the parking structure will occupy a prominent frontage along Shore Drive and reach a maximum height of approximately 53 feet, 7 inches, Staff believes the proposed design is compatible with the existing structures on the site and the character envisioned for the Shore Drive Corridor Overlay District. The Fire Marshal's Office provided comments regarding the potential need for an aerial fire apparatus access road if the highest roof surface of the proposed building exceeds 30 feet. In such instances, the access road must comply with applicable fire code requirements, including minimum width, required proximity to the building, and clearance from overhead utility and power lines.The applicant coordinated with the Fire Marshal's Office to address these requirements and has indicated that the parking structure will be designed and constructed to satisfy the exception provided in Section D105.1 of the Virginia Statewide Fire Prevention Code, under which a dedicated aerial fire apparatus access road would not be required for the proposed structure, as noted on the conceptual site plan. Overall, staff is supportive of the request, as the proposed parking structure incorporates architectural articulation, high-quality exterior materials, and design elements that are consistent with the existing campus character. In addition, the retention of existing trees and vegetation along the public right-of-way, together with proposed supplemental landscaping and buffering, will help soften the visual impact of the structure and reinforce the landscaped, neighborhood-oriented character of the Shore Drive Corridor. The applicant presented their development proposal, including sharing the concept site plan, as well as the building elevations and renderings, to the Bayfront Advisory Commission on May 21, 2026. The Bayfront Advisory Commission voted to support the application, with recommendations that all live oak trees impacted by the development will be preserved or replaced within two years and that replacement trees have a minimum two-inch caliper trunk. Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 4 of 28 Based on the considerations above, Staff recommends approval of this application, subject to the conditions provided below. Recommended Conditions 1. All previous conditions attached to the Conditional Use Permits and subsequent Modification of Conditions approved by the Virginia Beach City Council for the property located at 3100 Shore Drive, shall be voided and replaced with the following conditions. 2. There shall be a 9.79 front yard setback along Shore Drive for the proposed parking structure. This 9.79-foot setback is a deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 3. The parking structure shall be developed in substantial conformance to the conceptual site plan entitled "MODIFICATION OF CONDITIONS REVISED CONCEPT PLAN —WESTMINSTER CANTERBURY PARKING STRUCTURE—VIRGINIA BEACH, VIRGINIA", prepared by KIMLEY HORN, dated 05/26/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. The parking structure shall be developed in substantial conformance to the planting exhibit entitled "WESTMINSTER CANTERBURY ON CHESAPEAKE BAY—EXHIBIT SHOWING ADDITIONAL PLANTINGS", dated 04/16/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 5. The architectural design and materials of the parking structure shall be developed in substantial conformance to the elevations entitled " MODIFICATION OF CONDITIONS CONCEPTUAL ARCHITECTURAL ELEVATIONS—WESTMINSTER CANTERBURY PARKING STRUCTURE—VIRGINIA BEACH, VIRGINIA", prepared by KIMLEY HORN, dated 04/01/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 6. The architectural design and materials of the parking structure shall be developed in substantial conformance to the renderings entitled "WESTMINSTER CANTERBURY ON CHESAPEAKE BAY— PROPOSED RENDERINGS", dated 04/16/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval during final site plan review. 8. The parking structure design shall include walls at each level of sufficient height to screen automobile headlights and to prevent glare onto adjacent properties. 9. All existing live oak trees impacted by the construction of the parking garage shall be retained to the greatest extent practicable. Any live oak tree removed or damaged as a result of development activity shall Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 5 of 28 be replaced and maintained by the applicant. All retained and replacement trees shall be maintained in a healthy condition for a minimum period of two (2) years following installation or project completion. 10. Any replacement tree required pursuant to this approval shall have a minimum trunk caliper of four (4) inches at the time of planting. 11. The Property shall be developed in substantial conformance with the conceptual site plan entitled "SITE PLAN - CUP", dated November 8, 2019, and prepared by D2 Architecture (the "Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 12. The quality of architectural design and materials of the buildings to be constructed on the Property, when developed, shall be in substantial conformance with the exhibit prepared by D2 Architecture, entitled "ELEVATIONS- CUP", and dated June 15, 2020 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 13. Landscaping installed on the Property, when developed, shall be in substantial conformance with that shown on the exhibit prepared by WPL, entitled "CONCEPTUAL LANDSCAPE MASTER PLAN", and dated July 21, 2020 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. 14. The Property, when developed, shall not exceed a total of 674 Independent Living units, 75 Assisted Living units, 48 Memory Support units, and 108 Skilled Nursing units. 15. Prior to the approval of the construction plans for the healthcare building, the applicant shall obtain City Council's approval for the encroachment of the proposed pedestrian bridges over Starfish Road and Ocean Shore Avenue. 16. Prior to the approval of the construction plans, the applicant shall have obtained the approval of City Council to relocate the existing public beach access easement from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line. 17.The applicant shall be responsible for any access improvements deemed necessary by Public Works/Traffic Engineering Staff, upon completion of the review of the submitted traffic impact study. 18. The independent living building, when constructed, shall have a dock area and trash bays which are fully enclosed with doors and include heavy duty sound attenuation panels lining the walls and ceilings inside the dock area. In addition, an eight (8) foot tall masonry wall lined with brick and supplemented with additional landscaping shall be installed opposite the dock area, along the length of the eastern property line.The exact species of the various types of landscaping along the wall shall be determined at final site plan review. 19. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 6 of 28 Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Previous • • • for 1 1 Modification of • • • 1. All conditions except for Number 1 attached to the Conditional Use Permit for the Home for the Aged, Disabled, and Handicapped dated June 9, 1998, shall remain in effect. 2. The Property shall be developed in substantial conformance with the conceptual site plan entitled "SITE PLAN - CUP", dated November 8, 2019, and prepared by D2 Architecture (the "Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The quality of architectural design and materials of the buildings to be constructed on the Property, when developed, shall be in substantial conformance with the exhibit prepared by D2 Architecture, entitled "ELEVATIONS-CUP", and dated June 15, 2020 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 4. Landscaping installed on the Property, when developed, shall be in substantial conformance with that shown on the exhibit prepared by WPL, entitled "CONCEPTUAL LANDSCAPE MASTER PLAN", and dated July 21, 2020 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. 5. The Property, when developed, shall not exceed a total of 674 Independent Living units, 75 Assisted Living units, 48 Memory Support units, and 108 Skilled Nursing units. Total parking provided will be 1,096 parking spaces. 6. Prior to the approval of the construction plans, the applicant shall obtain City Council's approval for the encroachment of the proposed pedestrian bridges over Starfish Road and Ocean Shore Avenue. Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 7 of 28 7. Prior to the approval of the construction plans, the applicant shall have obtained the approval of City Council to relocate the existing public beach access easement from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line. 8. The applicant shall be responsible for any access improvements deemed necessary by Public Works/Traffic Engineering Staff, upon completion of the review of the submitted traffic impact study. 9. The independent living building, when constructed, shall have a dock area and trash bays which are fully enclosed with doors and include heavy duty sound attenuation panels lining the walls and ceilings inside the dock area. In addition, an eight (8) foot tall masonry wall lined with brick and supplemented with additional landscaping shall be installed opposite the dock area, along the length of the eastern property line.The exact species of the various types of landscaping along the wall shall be determined at final site plan review. Comprehensive • The Comprehensive Plan designates the subject property as part of the Suburban Area Bayfront Community, adjacent to the Shore Drive Corridor Suburban Focus Area (SFA).This area is characterized by many well- established neighborhoods, newer high-density residential development, neighborhood and resort commercial uses, significant parks and open spaces, and proximity to the Chesapeake Bay and Lynnhaven River. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors. The area is considered a resort neighborhood and not a resort destination. While it is the most densely populated area of the City, it is primarily a neighborhood residential area.The general planning goals and policies in the Comprehensive Plan include preserving and protecting the character, economic value, and aesthetic quality of the established neighborhoods.The Shore Drive Corridor Plan, which is adopted by reference as an amendment to the Comprehensive Plan, is more specific about goals. It calls for protecting, restoring, and enhancing the Shore Drive corridor; encouraging development and redevelopment of the corridor as an attractive residential community; and making improvements to current conditions in the corridor by strategically targeting limited financial resources. (p. B-7 & C-8, Comprehensive Plan Reference Handbook) ResourcesNatural & Cultural • The subject property is located within the Chesapeake Bay Watershed,with portions of the site lying within the Resource Protection Area (RPA) and Resource Management Area (RMA) of the Chesapeake Bay Preservation Area. Portions of the property are within the Special Flood Hazard Area Zone X and Zone AE, with a Base Flood Elevation (BFE) of 7 feet NAVD88, as shown on the Flood Insurance Rate Map. There are no known historic or cultural resources that will be affected by this project. Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 8 of 28 Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic No impact on trips generated by 36,900 ADT 1(LOS 4 the development since there is no Shore Drive 35,900 ADT1 proposed increase in the number of residential units associated with this MDC. 1 Average Daily Trips 'As defined by an 3As defined by an 4LOS = Level of Assisted Living Facility Assisted Living Facility Service with a parking garage with a parking garage Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Shore Drive, in the vicinity of this application, is considered a four-lane divided major urban arterial. The existing infrastructure currently resides in an approximate 130-foot right-of-way.The MTP proposes a six-lane facility within a 165-foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level of Service D. There is a roadway CIP project under construction in this area of Shore Drive. Shore Drive Corridor Improvements Phase III will improve vehicular and pedestrian traffic flow as well as safety in the roadway and intersections. Storm drainage will be improved and eight-foot-wide sidewalks will be provided with on-street bike lanes. The limits of the project extend from Vista Circle through the Great Neck Road intersection. Construction is scheduled to be completed in April 2029. Active Transportation Plan(ATP) The Active Transportation Plan recommends a minimum 11-foot-wide shared-use path along Shore Drive. Public Utility Impacts Water There is an 8-inch fire hydrant line bisecting a portion of the property.There is a 16-inch City water transmission main along Shore Drive and two 10-inch City water mains along Starfish Road.The site is already connected to City water.The existing fire hydrant located onsite will need to be changed to private or abandoned with the construction of the proposed parking garage. The public fire hydrant line must be abandoned at the water main in Starfish Road in accordance with Public Utilities standards. Sewer There is a 10-inch to 12-inch City sanitary sewer gravity main along Shore Drive. There is a 16-inch HRSD sewer force main along Shore Drive, and an 8-inch City sanitary sewer main along Starfish Road. The site is already connected to City sanitary sewer. Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 9 of 28 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026 and June 3, 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 May 25, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on June 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 23, 2026 and June 30, 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 June 22, 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 July 3, 2026. Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 10 of 28 Proposed Parking Structure Concept Plan U- 0 Q z Q u) r% < 0 Q M Z z 0 0 w 7! AT Ld U-i 2z + S�. Li C) < CL CIO LLJ < I.Lj:s 10 57, LLJ Z Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 11 of 28 w t " _v P I i t t } i r Y �«s �r 4u F Proposed Parking Structure Concept Plan with Additional Plantings Shown 10 1 r Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 12 of 28 ` SHORE DRIVE • PARCEL EXHIBIT I, Concept 7 We,ftaiuiter Canterbury mcj-atrakeBay Vino nia gad Virginia I } �. i I ,• v { ✓- > c�s i I } �° tz rD �r f � /�y'� / � "`"� �. .i ®tea"'�� •. I \ i r+ ; 0 Kimley*Horn _.. r u,..._ -. ,� O rD � k�x CONCEPTUAL PHOTOMETRIC PLAN N r r v VIRGINIA BEACH,VIRGINIA w �il 3 m O 00 0 � Proposed Elevations LL b ' z ano z 16- Lwfl g°8aw e d "$ # 3 f tr w x _ D D Z CC CC CD Ci Z Z>ca g� Uj?o Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 14 of 28 Proposed Elevations 0 acr u, C> dzUj��� a o � t= ao aoQ�� € ;= E 3, 9 LLJ � Y #ir {t pp F titCO f i ; Uj tit r i 1 VW # 5 Z CO z� s`na ai w a v Ll s o c' Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 15 of 28 Proposed ParkingStructure Renderings p� inster Canterbury on Chesapeake Bay Proposed Renderings 4.16.2026 I i 1 fit ® •• �._ r FA s istminster Canterbury on Chesapeake Bay Proposed Renderings 4.16,2026 ORO r n, a Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 16 of 28 Proposed Parking Structure Renderings . __ . Westminster Canterbury on Chesapeake Bay Proposed Renderings 4.16.2026 k i 1� �Y• - o �,y y��rw a 7, a, mw,m ° TM �q F AAA! • i #Ki • o i pia c` Westrnl :•'r 4.16.2026 e ® 3 r r s � g a P r� f Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 17 of 28 Proposed Parking Structure Renderings Westminster Canterbury on Chesapeake Bay >tl Proposed Renderings 4.16.2026 W. r ,H = .�ctk.�j +fig Westminster Canterbury on Chesapeake Bay Proposed Renderings 4.16.2026 e s Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 18 of 28 Previously Approved 2020 Conceptual Site Plan ¢ ' W z Im .. a i URCHIN ROAD LI •I STARFISH ROAD ITT i l l 11 mot . , ILI �• R[ a _ 00 cc a. z � I l Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 19 of 28 Previously Approved 2020 Conceptual Landscape Master Plan rseSB c craw c ct:rt a tu le Q OO OO 000OU®0(9)(9)(D© (E)0(®(E)®OO ©� a Epp f& $ep Spz py a o W z LU Z W LU ]z O Cn fd klo � W t AEI � W ! -Oit �? = J3 i !{ o �:: Z W e Q �. h � < LU.0 v UI.—c!< p � Z5 ai _ OS3:Y3� Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 20 of 28 Previously Approved 2020 Building Elevations ESSI !f s �� i91■ _ C... ,�`—� i' =3•"1-ram„ h �- �'"'t�:Y�.t:t�.t rs a t/N =""m�an haam2 a at�sc cticx�ctat� . ., � zce xc� Asa .i R< amm .............mesa _ a-a�a-a�a-va-a •r•.. Site • • Q .eye a. .,�.. .• -a `�- Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 22 of 28 Site • • Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 23 of 28 Site • • -v is <. rt k" ter` < met f 0 z Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 24 of 28 Disclosure VB- CITY OF VIRGINIA Disclosure 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 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 Westminster Canterbury on Chesapeake Bay Is Applicant also the Owner of the subject property? YesQ Not If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No0 If yes,name Representative: Laurence Benson,PE with Kimley-Horn 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 hove a parent-subsidiary'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) See attached Board of Trustees list dated 3/16/2026 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? YesQ No(j) 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, cross-collateralization,etc.) �•J Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 25 of 28 Disclosure SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape Q TBD Architect/Land Planner ti✓ Construction Contractor 0 TBD Engineer/Surveyor/Agent j� ® Kimley-HornfTerracon/JLL Legal Services RJ Nutter APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. -L 3()'t2S;7 — �n L-Ik— Applicant Name(Print) Applicant Signature Date s"Porent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores 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 same offices or employees or otherwise shore 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): 6/23/2026 Marchelle L Coleman 6/23/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 26 of 28 Disclosure Statement Westminster znt�rbury O N C 11 L 5.4 P L:A K E 13.a 1 BOARD OF TRUSTEES Officers Ronald"Ron"C.Ripley,Chair Alvin A.Wall,Vice Chair Forrest E.Williams,Jr.,Secretary Robert"Bob"Taylor,Treasurer Staff J.Benjamin Unkle,Jr.,President&CEO David B.Myers,Chief Financial Officer&Assistant Treasurer Dr.Victoria Crenshaw,Senior Vice President Campus Operations&Assistant Secretary Ashley Allman,Vice President of Development and Marketing Mark Borst,Vice President of Real Estate Development and General Services Board of Trustees Jeff Abney—Class of 2030 Teresa"Terry"Blevins—Class of 2029 Tina Gill—Class of 2029 Ian Holder—Class of 2028 Dr.Bogdan I.Neughebauer—Class of 2027 Ronald"Ron"C.Ripley—Class of 2027 Dr.Scott W.Sautter—Class of 2028 Prescott Sherrod—Class of 2029 Robert"Bob"Taylor—Class of 2027 Richard"Dick"B.Thurmond—Class of 2027 Father Noah Van Niel—Class of 2028 Andy Tysinger—Class of 2030 Alvin A.Wall—Class of 2028 Bonnie Wheeler—Class of 2029 Dr.Armistead Williams—Class of 2030 Forrest E.Williams,Jr.—Class of 2030 Es-Officio The Rt.Rev.Susan Haynes The Reverend Dr.Melissa Sumner 3100 Shore Drive,Virginia Beach,VA 23451 Revised 3/16/2026 Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 27 of 28 • 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. Westminster Canterbury on Chesapeake Bay Agenda Item 10 page 28 of 28 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #10 Westminster Canterbury on Chesapeake Bay Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: The vote is open. By a recorded vote of eleven to zero, item nine, "You're Not Alone," LLC has been recommended for approval. Our next item is item ten, Westminster Canterbury on Chesapeake Bay. Mr. Coston: Please state your name for the record. Mr. Lishells: Samuel Lishells. Mr. Coston: Would you like to talk to us? Tell us what you're representing. Mr.Lishells: Representing Westminster Canterbury for the new build out of a parking garage on Shore Drive. Mr. Coston: Okay, I expected to kind of hear a little bit more than that. Can you tell us what you're doing? Mr. Lishells: Sorry. The purpose of the parking garage is to alleviate the concern of a public outcry for the spilling over of cars into the public roads and then taking up parking space in public roads. So,this is to bring all the staff and everybody onto campus to alleviate that concern. Mr. Coston: Okay,you can be seated for a moment. Madam Clerk, do we have any speakers? Clerk: There are no speakers for this item. Mr. Coston: Do we have any discussion, or would the commission like to make a motion? Ms. Cuellar: I have a question for the applicant. Could you come back, sir? Mr. Lishells: Yes. Ms. Cuellar: Thanks for being here today. We appreciate it. And could you please just tell me your last name again so I don't mispronounce it? Mr. Lishells: Lishells,L-I-S-H-E-L-L-S. Ms. Cuellar: Thank you so much, Mr. Lishells. In the course of this process,the applicant went to the Bayfront Advisory Commission, and there were some recommendations from the Bayfront Commission that I would like to ask the applicant to consider conditioning in this modification of conditions. I'm going to read them to you. These were written to the Planning Commission by the Chair. One of which is: all existing live oaks impacted by the construction of the parking garage shall be retained to the greatest extent practicable. Any live oak tree removed or damaged as a result of development activity shall be replaced and maintained by the applicant. All retained and replacement trees shall be maintained in a healthy condition for a minimum period of two years following installation of project completion. Would you agree to that condition? Mr. Lishells: Yes. Ms. Cuellar: Okay. My second recommendation, then, for a condition, would be based on the Bayfront Advisory Commission's recommendation:any replacement tree required pursuant to this approval shall have a minimum trunk caliper of two inches at the time of planting. That is the recommendation of the commission. I feel it would be much stronger if the applicant would agree to four inches at the time of planting. Mr. Lishells: Agreed. Ms.Cuellar: Okay,thank you very much. I believe there's another question from a commissioner. Mr. Coston: Commissioner Camp. Mr. Camp: Yes,thank you, sir. I have two questions for you. With regard to the encroachment of your garage into the setback off of Shore Drive,the city is spending over$70 million to improve flow and appearances along Shore Drive, and I'm wondering why you are choosing to encroach into the setback instead of perhaps adding a story to your garage and pulling the massing back. Would you please speak to that? Mr.Lishells: Yeah,absolutely. So,a lot of research and background has gone into this,and we've gone through probably seven different variants. But taking in the BAC's concern of making sure that it integrates into the surrounding buildings, you can see as you look at the diagram that it actually steps back to alleviate the front-facing portion of it as well. The reason that we didn't go higher is because you'd have to go to five or six floors to be able to gain the same amount of parking space,and it would be a rectangle,which is obtrusive on Shore Drive and would be taller. We feel like it would have much more impact. The variance was approved previously in 2008, so we took that as a constraint that we would just uphold to that and move forward. We arrived at this design,which we think is with the best intent of keeping along with not taking out more of the trees that are existing. So, if you were to go into a rectangle shape,you would cut out maybe five or six more live oaks in the bottom right corner of the plot. Mr. Camp: I see the live oaks you're referring to are within the dashed line. Is that correct? Mr. Lishells: Yes, sir. Mr. Camp: All right. And with regard to the height, I mean, you're building a 22-story tower there, so when we're talking about adding a story or two onto a parking deck, is the issue that it is too close to Shore Drive? It would be the encroachment,the height upon close to Shore Drive that you were concerned about, or were you concerned in the abstract about the cost of adding those layers of decking? Mr. Lishells: No, it's actually more economical to do it like that. But the main concern was the visual aesthetics of it, and to blend it in with Shore Drive. Mr. Camp: So, if I understand correctly,you are incurring a greater expense doing it this way to preserve aesthetics. Is that what you just said? Mr.Lishells: Our initial study showed that. Mr.Camp: Okay. Thank you for the unexpected answer. I appreciate that. My second question relates to the last time that this applicant came before this commission,and I believe November of 2023. At that time, an element of what you were asking for involved taking away a public beach access and relocating it. And as I recall correctly, the statement was made by the applicant at that time that Westminster Canterbury had committed to restoring the public beach access in a manner that was wider and safer, and so on, and to maintaining that as a usable access. Well, I went up there to dinner the other night and took a moment to walk out there. It's full of sand. It's got a barricade fence over it. It is not usable as an ADA access. It is not currently being maintained. And while that has nothing to do with your parking garage, the fact is you're here asking for exceptions, and the last time you were here asking for exceptions, I heard a commitment that something was going to be done, and as best I can tell, it hasn't been done. So,what I would like to do here is ask if you would entertain,and I don't want to get into the whole details of that,we'll be here all afternoon. It's the spirit of it that the applicant moved something and impeded the public, and the promise to fix it, and the public doesn't have it back two years later. What I'm looking for is a commitment today that Westminster Canterbury is going to get that right, not in telling you specifically what to do, but in committing that you are going to restore ADA beach access to the public up there on that property. Is that a commitment you can make? Mr. Lishells: Absolutely. Mr. Camp: Would you be willing to entertain that as an additional condition on this application? Mr. Lishells: In regards to it needs to be done before... Mr. Camp: No, I didn't say anything about the timing. I mean, we can be reasonable about this. But what I want the public to know is we're not going to continue granting exceptions to applicants if they don't do what they said they were going to do when they were here last time. That's the basic spirit of it. Mr. Lishells: Okay. Yes, I agree, and we are actively moving forward. The intent from the beginning was to hand this over to the city as a public amenity. We've been working with planning since the beginning of this. Everybody was involved. The plans were submitted and approved, and it was installed exactly how it was submitted and approved. The missing factor here was that the Army Corps of Engineers came in and did the sand replenishment project and dumped all the sand, and that's why we're in our current predicament now. Mr. Camp: So I get it, but you guys are big boys, and the public has been inconvenienced now for yet another summer. If you can commit to the spirit of what was promised here before,I think that would go a long way toward getting the public back to where they need to be. Mr. Lishells: We do. I just want to make sure that at the end of our ramp, if we clean it off, we make access, and it goes all the way down to our ramp,there will then be a wall of sand that is no longer. We can't even touch it legally. I don't think it's... Mr. Camp: I guess I had thought this was going to be easy, but we're making it hard now. I understand where the sand is. I understand the ramp you built doesn't go where it needs to go now. The public needs to be able to get to the beach using an ADA access that you, the applicant, committed to two years ago. Mr. Lishells: Correct. And we will do that, yes. Mr. Camp: Thank you, sir. Mr. Lishells: Yes, sir. Ms. Cuellar: Yes, I'm satisfied, and I'm grateful for all the work that the applicant has done, particularly in agreeing to the additional conditions from the Bayfront Advisory Commission. We recognize that we are a work in progress, and that beach access is important. So we appreciate your dialogue on that, and I would like to recommend approval for this application with the conditions that I stated earlier. Would you like me to repeat them? Clerk: Either way, I just want the record to be clear on what conditions are being added. Ms. Cuellar: Correct. Okay. Well, I'll go ahead and read them again for clarification. It's the recommendation to include: all existing live oak trees impacted by the construction of the parking garage shall be retained to the greatest extent practicable. Any live oak tree removed or damaged as a result of development activity shall be replaced and maintained by the applicant. All retained and replacement trees shall be maintained in a healthy condition for a minimum period of two years following installation or project completion. The second condition is any replacement tree required pursuant to this approval shall have a minimum trunk caliper of four inches at the time of planting. Mr.Mauch: I'll second that with the additional two conditions. Ms. Cuellar: Thank you. Mr. Coston: So, it has been moved by Commissioner Cuellar and seconded by Commissioner Mauch that this item be approved. Clerk: The vote is open. Mr. Coston: Commissioner Plumlee? Mr.Plumlee: I am here. I am abstaining from this matter for reasons set forth in a letter with the City Attorney's office. I have abstained. Clerk: By a recorded vote of ten to zero,with one abstention from Commissioner Plumlee, item ten, Westminster Canterbury on Chesapeake Bay, has been recommended for approval as modified. Mr. Lishells: Thank you. Vote Tall Commission Member AYE 10 NAY 0 ABS 1 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moor'ani X Mauch Ix Conditions 1. All previous conditions attached to the Conditional Use Permits and subsequent Modification of Conditions approved by the Virginia Beach City Council for the property located at 3100 Shore Drive, shall be voided and replaced with the following conditions. 2. There shall be a 9.79 front yard setback along Shore Drive for the proposed parking structure. This 9.79-foot setback is a deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 3. The parking structure shall be developed in substantial conformance to the conceptual site plan entitled "MODIFICATION OF CONDITIONS REVISED CONCEPT PLAN —WESTMINSTER CANTERBURY PARKING STRUCTURE—VIRGINIA BEACH, VIRGINIA", prepared by KIMLEY HORN, dated 05/26/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. The parking structure shall be developed in substantial conformance to the planting exhibit entitled "WESTMINSTER CANTERBURY ON CHESAPEAKE BAY—EXHIBIT SHOWING ADDITIONAL PLANTINGS", dated 04/16/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 5. The architectural design and materials of the parking structure shall be developed in substantial conformance to the elevations entitled " MODIFICATION OF CONDITIONS CONCEPTUAL ARCHITECTURAL ELEVATIONS—WESTMINSTER CANTERBURY PARKING STRUCTURE—VIRGINIA BEACH, VIRGINIA", prepared by KIMLEY HORN, dated 04/01/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 6. The architectural design and materials of the parking structure shall be developed in substantial conformance to the renderings entitled "WESTMINSTER CANTERBURY ON CHESAPEAKE BAY— PROPOSED RENDERINGS", dated 04/16/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval during final site plan review. 8. The parking structure design shall include walls at each level of sufficient height to screen automobile headlights and to prevent glare onto adjacent properties. 9. All existing live oak trees impacted by the construction of the parking garage shall be retained to the greatest extent practicable. Any live oak tree removed or damaged as a result of development activity shall be replaced and maintained by the applicant. All retained and replacement trees shall be maintained in a healthy condition for a minimum period of two (2) years following installation or project completion. 10. Any replacement tree required pursuant to this approval shall have a minimum trunk caliper of four (4) inches at the time of planting. 11. The Property shall be developed in substantial conformance with the conceptual site plan entitled "SITE PLAN - CUP", dated November 8, 2019, and prepared by D2 Architecture (the "Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 12. The quality of architectural design and materials of the buildings to be constructed on the Property, when developed, shall be in substantial conformance with the exhibit prepared by D2 Architecture, entitled "ELEVATIONS - CUP", and dated June 15, 2020 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 13. Landscaping installed on the Property, when developed, shall be in substantial conformance with that shown on the exhibit prepared by WPL, entitled "CONCEPTUAL LANDSCAPE MASTER PLAN", and dated July 21, 2020 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council.The exact species of the various types of landscaping shall be determined at final site plan review. 14. The Property, when developed, shall not exceed a total of 674 Independent Living units, 75 Assisted Living units, 48 Memory Support units, and 108 Skilled Nursing units. 15. Prior to the approval of the construction plans for the healthcare building, the applicant shall obtain City Council's approval for the encroachment of the proposed pedestrian bridges over Starfish Road and Ocean Shore Avenue. 16. Prior to the approval of the construction plans, the applicant shall have obtained the approval of City Council to relocate the existing public beach access easement from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line. 17. The applicant shall be responsible for any access improvements deemed necessary by Public Works/Traffic Engineering Staff, upon completion of the review of the submitted traffic impact study. 18. The independent living building, when constructed, shall have a dock area and trash bays which are fully enclosed with doors and include heavy duty sound attenuation panels lining the walls and ceilings inside the dock area. In addition, an eight (8) foot tall masonry wall lined with brick and supplemented with additional landscaping shall be installed opposite the dock area, along the length of the eastern property line. The exact species of the various types of landscaping along the wall shall be determined at final site plan review. 19. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. From: LISA LEIDIG To: Marchelle L.Coleman;Marchelle L.Coleman Subject: Westminster-Canterbury application Date: Wednesday,June 10,2026 7:28:53 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to you as I could find no other way to voice opposition to this application-my name is Lisa Leidig and I am the president of Lynnshore Condominiums,a condo complex of 24 units on Starfish Road,directly adjacent to the proposed site.I am representing the 24 owners within Lynnshore Condominiums opposing this project.It does not fit our neighborhood-it is too large and they have not even completed construction on the other parking garage. Those of us that live on Starfish Road have already endured so much with the ongoing development-the noise (even though they aren't supposed to start working until lam,they often start as early as 6am),the flooding on Starfish since the stormwater drain was blocked during the building of the new tower,the parking issues from all of the workers for the construction,the trash left behind by the workers,the traffic where it often takes multiple light cycles to exit Starfish,I could go on.Why wasn't this included in the original proposal?Why are they doing this piecemeal,dragging out the time frame for completion?Please do not approve this proposal. Sincerely, Lisa Leidig,President Lynnshore Condominiums 11 RMY Q R5D B2 R'5D G�¢° v� °P � p ,%� GftiFo 01 R5.D -4 y. / AG2 Ljy FD s 4fq s OVS pIV stic ® site Emmanuel B. Platon p zoning 3288 Dam Neck Road Property Polygons Feet 0 40 80 160 240 320 Mao created by Plannina Department on 6/9/2026 �xu ro hi sy si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EMMANUEL B. PLATON [Applicant] GLASSON PROPERTIES, LLC [Property Owner] Conditional Rezoning (Conditional R-513 Residential District to Conditional 1-1 Light Industrial District) and a Conditional Use Permit (Automobile Repair Garage ) for the property located at 3288 Dam Neck Road (GPIN 1495140015). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: June 7, 2026 ■ Background: The applicant is seeking to rezone a 1.76-acre parcel at 3288 Dam Neck Road from Conditional R-5D Residential District to Conditional 1-1 Light Industrial District and obtain a Conditional Use Permit to construct a new facility for 8 Series Auto Services, an automobile repair garage. The business has operated in Virginia Beach for more than 17 years and is proposing to relocate from its current location on Cleveland Street to accommodate continued growth. The site is located within the 70-75 dB AICUZ noise zone and is subject to a Navy Restrictive Easement; however, automobile repair garages are considered a compatible use in this area. The proposed development includes an 18,859-square-foot, one-story building with a maximum height of 22 feet, 2 inches. The site will be accessed by a right- in/right-out entrance on Dam Neck Road and will provide shared access to the adjacent office parcel to the southwest in accordance with an existing proffer agreement, and the existing access point for the office parcel will be closed. Improvements also include a right-of-way dedication for a future right-turn lane and an 11-foot-wide side path along Dam Neck Road to support pedestrian and bicycle connectivity. Landscaping and screening improvements include the required foundation, parking lot, and street frontage plantings, along with a six-foot-tall earthtone vinyl privacy fence along the eastern and western property lines. The applicant is requesting a deviation from the required 25-foot-wide Category II landscape buffer adjacent to residentially zoned property, proposing a 10-foot-wide Category VI buffer instead. The site is located within the Southern Rivers Watershed and has been evaluated through a preliminary drainage study. The development will provide 69 parking spaces, exceeding the Zoning Ordinance requirement of 24 spaces by 45 spaces. A seven-foot-tall freestanding sign and building-mounted signage are also proposed, subject to zoning compliance. The Emmanuel B. Platon Page 2 of 5 business is expected to employ up to 20 people and operate from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 4:00 p.m. on Saturdays. ■ Considerations: Staff and the Planning Commission find the requests to rezone the property from Conditional R-5D Residential Duplex District to Conditional 1-1 Light Industrial District and to approve a Conditional Use Permit for an Automobile Repair Garage to be acceptable. The proposal is consistent with the Comprehensive Plan's goals for infill development within the Suburban Area and represents an appropriate use of the property. Although the site is currently zoned for residential use, its location within the 70-75 dB DNL noise contour and its encumbrance by a Navy Restrictive Easement significantly limit its suitability for residential development. Both the Comprehensive Plan and AICUZ guidelines discourage new residential uses in higher-noise zones and encourage compatible nonresidential uses instead. The proposal is also compatible with the surrounding mix of office, commercial, and residential land uses and provides a service-oriented use that fits the area. The applicant is requesting a deviation from the required 25-foot-wide Category II landscape buffer along the eastern property line adjacent to residentially zoned land. Instead, a 10-foot-wide Category VI buffer with a six-foot-tall privacy fence is proposed. Staff supports this request because the adjacent residentially zoned property is subject to a Navy easement that severely restricts future residential development. The parcel has remained vacant for more than 15 years, and the proposed buffer and privacy fence are considered sufficient to provide visual screening and mitigate potential impacts. The proposed building design, scale, and operations are compatible with the surrounding area. Limited operating hours, moderate employment levels, and parking that exceeds ordinance requirements are not expected to create significant impacts on neighboring properties. Since the property is located in the Southern Rivers Watershed, a preliminary drainage study was submitted and reviewed by the Development Services Center. The study indicates that the proposed stormwater management strategy has the potential to meet all applicable stormwater requirements for the site. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Emmanuel B. Platon Page 3of5 ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Conditional Rezoning Proffer 1 When the Property is developed, the layout of the building, parking, site improvements, landscaping and shared access improvements shall be substantially in accordance with the two (2) exhibits entitled "CONCEPTUAL SITE LAYOUT 8 SERIES AUTO 3288 DAM NECK RD, VIRGINIA BEACH, VIRGINIA", Sheet G-100 and "ENHANCED VIEW OF CONCEPTUAL LAYOUT 8 SERIES AUTO" Sheet G-101, dated 02/24/2026, prepared by John Sandow Engineering, LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference (hereinafter "Conceptual Development Plans"). Proffer 2 When the building shown on the Site Plan is developed, its architectural design, exterior building materials and colors shall be substantially similar in appearance with the exhibits entitled "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD - ELEVATIONS" (Sheet I of 2) and "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD - FOUR RENDERINGS" (Sheet 2 of 2) with attached color palette, dated March 18, 2026, prepared by Ivy Architectural Innovations, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference (hereinafter "Elevations"). Proffer 3 When the Property is developed, the fencing and dumpster enclosure depicted on the Conceptual Development Plan as well as the freestanding, and building mounted sign shall be as depicted and described on the exhibit entitled "PRELIMINARY DETAILS AND RENDERINGS - 8 SERIES AUTO" dated 02/24/2026, prepared by Ivy Innovations Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference (hereinafter "Renderings") Proffer 4 The following principal uses within the 1-1 Light Industrial Zoning District shall not be permitted on the Property: (a) Airports, heliports and helistops; (b) Low explosive storage; (c) Bars or nightclubs. Emmanuel B. Platon Page 4 of 5 Proffer 5 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditional Use Permit 1. A 10-foot-wide Category VI landscape buffer is proposed along the east property line. This landscape buffer is a deviation from the 25-foot-wide Category II buffer required by the City Zoning Ordinance. 2. The site shall be developed in substantial conformance to the exhibits entitled "CONCEPTUAL SITE LAYOUT 8 SERIES AUTO 3288 DAM NECK RD, VIRGINIA BEACH, VIRGINIA", Sheet G-100 and "ENHANCED VIEW OF CONCEPTUAL LAYOUT 8 SERIES AUTO" Sheet G-101, dated 02/24/2026, prepared by John Sandow Engineering, LLC", dated February 24, 2026, prepared by John Sandow Engineering, LLC which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The architectural design of the building shall be developed in substantial conformance to the exhibits entitled "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD - ELEVATIONS" (Sheet I of 2) and "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD - FOUR RENDERINGS" (Sheet 2 of 2) with attached color palette, dated March 18, 2026, prepared by Ivy Architectural Innovations, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 4. The design of the fencing, dumpster enclosure, freestanding signage, and building-mounted sign shall be developed in substantial conformance to the exhibit entitled "PRELIMINARY DETAILS AND RENDERINGS - 8 SERIES AUTO" dated 02/24/2026, prepared by Ivy Innovations Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 5. The hours of operation shall be from 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 4:00 p.m., on Saturdays. 6. There shall be no storage of tires, equipment, parts, or debris of any kind outside of the building. 7. No outside paging or amplified music system shall be permitted. 8. 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 Emmanuel B. Platon Page 5 of 5 the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 9. The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections division of the Department of Planning & Community Development if one is required after their review, before the business license is issued. 10.City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 01( City Manager:ty Agenda A•• PlatonProperty Owner: Glasson Properties, LLC ' • • ' • 1 2026 V_Council City 1 '• Project Details Request Conditional Rezoning (Conditional R-5D Residential District to Conditional 1-1 Light Industrial District) Conditional Use Permit (Automobile Repair Garage) ' Staff Recommendation � `'� Approval / — � Y Staff Planner Marchelle Coleman Location c ` 3288 Dam Neck Road 4 t / GPIN 1495140015 STRti tt t' Site Size, ti 1.76 acres AICUZ 70-75 dB DNL � ' Watershed Southern Rivers Existing Land Use and Zoning District Vacant lot/ R-5D Residential Surrounding Land Uses and Zoning Districts North Mini-warehouse/ 1-1 Light Industrial South Dam Neck Road Single-family dwellings/AG-2 Agricultural East Wooded lot/ R-51D Residential West Medical Office/0-1 Office Emmanuel B. Platon Agenda Items 15 & 16 page 1 of 20 Background SummaryofProposal • The applicant is requesting to rezone the 1.76-acre parcel from Conditional R-51) Residential Duplex District to Conditional 1-1 Light Industrial District, as well as a Conditional Use Permit for an Automobile Repair Garage to construct an 8 Series Auto Services business. • The site is located within the 70-75 dB DNL of AICUZ and is encumbered by a Navy Restrictive Easement. The proposed use of an Automobile Repair Garage is considered a compatible use within the noise zone. • The applicant has operated 8 Series Auto Services in the City of Virginia Beach for over 17 years. Having outgrown its current location at 5044 Cleveland Street, the business is seeking to relocate to this vacant parcel at 3288 Dam Neck Road to construct a larger facility to accommodate its growing business needs. • Site access will be limited to a right-in/right-out entrance along Dam Neck Road. In accordance with a 2005 proffer agreement associated with the rezoning of the adjacent parcel to the west, the subject property will provide shared access with the 0-1 Office District zoned parcel (3296 Dam Neck Road).The existing driveway on the 0-1 parcel will be closed and removed, and access to that parcel will be routed through this parcel (3288 Dam Neck Road), consistent with the Proffer 5 identified in Instrument No. 20051103001780840. • Right-of-way dedication will be provided to accommodate a proposed right-turn lane serving the site. Additionally, a pedestrian access easement will be established over the proposed 11-foot-wide side path along Dam Neck Road. • The proposed one-story building will total 18,859 square feet, with a maximum height of 22 feet, 2 inches. Exterior materials will include corrugated metal siding, split-face masonry, a corrugated metal roof, and metal roll-up doors. • As depicted on the Conceptual Site Plan, the required building foundation, interior parking lot, and street frontage plantings are provided. A six-foot-tall earthtone vinyl privacy fence is proposed along the eastern and western property lines, adjacent to the R-SD Residential Duplex District to the east and the 0-1 parcel to the west. • Per Section 1003(a) of the Zoning Ordinance, a 25-foot-wide Category II landscape buffer is required along the property line abutting the residential district zoned property to the east. As depicted on the conceptual site plan, a 10-foot-wide Category VI landscape buffer is proposed. As part of this proffered Conditional Rezoning and Conditional Use Permit request, the applicant is requesting a deviation to the provisions of Section 107(i) of the Zoning Ordinance. • Additionally, as recommended in the Active Transportation plan, the applicant seeks to install an 11-foot- wide side path along Dam Neck Road adjacent to the site. • The site is located within the Southern Rivers Watershed; as such, a preliminary drainage study was submitted for review. The findings of the preliminary drainage study can be found on page 9 of this report. Emmanuel B. Platon Agenda Items 15 & 16 page 2 of 20 • Per Section 203(a)(16) of the Zoning Ordinance, automobile repair garages require one space per nine hundred square feet of floor area.The proposed 18,859 square foot automobile repair garage requires 24 parking spaces, and 69 spaces are provided, exceeding the parking requirement by 45 spaces. • A seven-foot-tall freestanding sign is proposed for the site, as well as building signage. All proposed signage on the property must comply with the requirements of the Zoning Ordinance. • The proposed hours of operation are 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 4:00 p.m., on Saturdays.The proposed facility is anticipated to employ up to 20 employees. Zoning History # Request 3 R5D MDC Approved 04/05/2016 MDC Approved 06/08/2010 ` 1 CUP (Church Expansion) Approved �RSD 11/12/2002 CUP (Religious Use) Approved 12/10/1984 R5D MDC Approved 10/25/2005 2 CRZ (R-5D Residential Duplex to Conditional 0- 1 Office and Conditional R-5D Residential Duplex) Approved 08/24/2004 01 MDC Approved 10/09/2001 R~ R511) 3 CRZ (R-51) Residential Duplex to Conditional I- AG2 1 Light Industrial) Approved 09/14/1999 �, 4 CUP (Wireless Communication Antennas) r"F�x 4 Approved 09/14/1999 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 Emmanuel B. Platon Agenda Items 15 & 16 page 3 of 20 Evaluation • • • In Staff's opinion, these requests for a Conditional Rezoning from Conditional R-51) Residential Duplex District to Conditional 1-1 Light Industrial District and a Conditional Use Permit for an Automobile Repair Garage are acceptable.These requests are in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it pertains to infill development. While the property is currently zoned Conditional R-5D Residential Duplex District, its location within the 70- 75 dB DNL noise contour and its encumbrance by a Navy Restrictive Easement significantly limit its viability for residential development.The Comprehensive Plan and AICUZ guidelines both discourage new residential uses in higher noise zones while encouraging compatible nonresidential uses.The proposed light industrial use, specifically an automobile repair garage, is identified as a compatible use within this noise contour and is therefore more appropriate for the site than residential development.The request is further supported by the surrounding land use pattern, which includes a mix of office, commercial, and limited residential uses.The proposed development provides a transitional use that is compatible with adjacent properties and offers a needed service to the surrounding area. As stated previously, the applicant is requesting a deviation to the required landscaping through the provisions of Section 107(i) of the Zoning Ordinance, which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties. Per Section 1003(a) of the Zoning Ordinance, a 25-foot-wide Category II landscape buffer is required adjacent to the property line abutting the residential district zoned property to the east. As depicted on the conceptual site plan, a 10-foot-wide Category VI landscape buffer is proposed, which includes a 6-foot-tall privacy fence. Per the applicant, this request is based on the limited development potential of the adjoining parcel to the east. Specifically, the adjacent R-51) zoned property is subject to a Grant of Easement dated October 15, 1981, acquired by the United States of America through the Department of the Navy under threat of condemnation, as recorded in Deed Book 2168, Page 679. The referenced easement restricts future residential development on the property after 1981, allowing only for the replacement of a dwelling that existed at the time of the instrument, and only in a manner consistent with its prior occupancy, density, and use. The adjacent R-SD zoned parcel is currently vacant and has remained so for over 15 years. Given that the primary purpose of a landscape buffer is to mitigate impacts between industrial and residential uses, and in light of the development limitations imposed on the adjacent property, the proposed 10-foot-wide Category VI landscape buffer, in conjunction with a 6-foot-tall privacy fence, provides adequate visual screening; as such, Staff is supportive of this request. The proposed building design, scale, and operational characteristics, including limited hours of operation and moderate employment levels, are consistent with the surrounding context and are not expected to generate undue impacts. Adequate parking is provided in excess of ordinance requirements, and all signage will comply with applicable standards. The Fire Marshal's Office has reviewed the proposal and has no issues with the development. Further review will take place during the final site plan review. Emmanuel B. Platon Agenda Items 15 & 16 page 4 of 20 As recommended by Staff, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy to serve the development. The DSC has reviewed the preliminary drainage study and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on the considerations provided above, Staff recommends approval of this request with the modified proffers listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When the Property is developed, the layout of the building, parking, site improvements, landscaping and shared access improvements shall be substantially in accordance with the two (2) exhibits entitled "CONCEPTUAL SITE LAYOUT 8 SERIES AUTO 3288 DAM NECK RD, VIRGINIA BEACH, VIRGINIA", Sheet G-100 and "ENHANCED VIEW OF CONCEPTUAL LAYOUT 8 SERIES AUTO" Sheet G-101, dated 02/24/2026, prepared by John Sandow Engineering, LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference (hereinafter "Conceptual Development Plans"). Proffer When the building shown on the Site Plan is developed, its architectural design, exterior building materials and colors shall be substantially similar in appearance with the exhibits entitled "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD - ELEVATIONS" (Sheet I of 2) and "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD - FOUR RENDERINGS" (Sheet 2 of 2) with attached color palette, dated March 18, 2026, prepared by Ivy Architectural Innovations, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference (hereinafter "Elevations"). Proffer When the Property is developed, the fencing and dumpster enclosure depicted on the Conceptual Development Plan as well as the freestanding, and building mounted sign shall be as depicted and described on the exhibit entitled "PRELIMINARY DETAILS AND RENDERINGS - 8 SERIES AUTO" dated 02/24/2026, prepared by Ivy Innovations Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference (hereinafter "Renderings") Emmanuel B. Platony Agenda Items 15 & 16 page 5 of 20 Proffer 4 The following principal uses within the 1-1 Light Industrial Zoning District shall not be permitted on the Property: (a) Airports, heliports and helistops; (b) Low explosive storage; (c) Bars or nightclubs. Proffer5 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. A 10-foot-wide Category VI landscape buffer is proposed along the east property line. This landscape buffer is a deviation from the 25-foot-wide Category II buffer required by the City Zoning Ordinance. 2. The site shall be developed in substantial conformance to the exhibits entitled "CONCEPTUAL SITE LAYOUT 8 SERIES AUTO 3288 DAM NECK RD, VIRGINIA BEACH, VIRGINIA", Sheet G-100 and "ENHANCED VIEW OF CONCEPTUAL LAYOUT 8 SERIES AUTO" Sheet G-101, dated 02/24/2026, prepared by John Sandow Engineering, LLC", dated February 24, 2026, prepared by John Sandow Engineering, LLC which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The architectural design of the building shall be developed in substantial conformance to the exhibits entitled "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD- ELEVATIONS" (Sheet I of 2) and "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD- FOUR RENDERINGS" (Sheet 2 of 2) with attached color palette, dated March 18, 2026, prepared by Ivy Architectural Innovations, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 4. The design of the fencing, dumpster enclosure, freestanding signage, and building-mounted sign shall be developed in substantial conformance to the exhibit entitled "PRELIMINARY DETAILS AND RENDERINGS - 8 SERIES AUTO" dated 02/24/2026, prepared by Ivy Innovations Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 5. The hours of operation shall be from 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 4:00 p.m., on Saturdays. 6. There shall be no storage of tires, equipment, parts, or debris of any kind outside of the building. 7. No outside paging or amplified music system shall be permitted. Emmanuel B. Platon Agenda Items 15 & 16 page 6 of 20 8. 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. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 9. The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections division of the Department of Planning & Community Development if one is required after their review, before the business license is issued. 10. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Comprehensive Plan Information The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's 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. ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. There are no known historical or cultural resources that will be affected by this project. Emmanuel B. Platon Agenda Items 15 & 16 page 7 of 20 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use z-0 ADT Dam Neck Road 37,800 ADT1 36,900 ADT 1(LOS 4 "D") Existing Zoning—108 ADT(1.8 acres R-5D zoning) Proposed Land Use 3—314 ADT 1 Average Daily Trips 8:7 000 9F Assisted 3As defined by an y[end 'As defined by a 'iviRg Facility [end 18,900 SF Auto Repair strikethrough] strikethrough] Facility[begin vacant lot [begin strikethrou�hl'�4� 4LOS = Level of strikethrough] Service n cP Assisted Living Master Transportation P/an(MTP)and Capita/Improvement Program(CIP) Dam Neck Road in the vicinity of this site is an access-controlled four-lane major arterial suburban roadway. Dam Neck Road has an approximate right-of-way width of 80 feet, and the MTP shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There are currently no CIP projects scheduled for this segment of Dam Neck Road. Active Transportation Plan(ATP) The Active Transportation Plan calls for the installation of an 11-foot-wide side path along this portion of Dam Neck Road. Public . . Water The site must connect to City water; there is a 16-inch City water main along Dam Neck Road. Sewer The site must connect to City sanitary sewer; there are two 8-inch City sewer mains, and a 12-inch City force main along Dam Neck Road. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of an automotive service garage building, parking lot, landscaping, and associated utilities and stormwater management facilities at 3288 Dam Neck Road. The site is currently undeveloped with open space turf and wooded areas. There are available storm sewer connections along Dam Neck Road, where the site drains into. The project intends to utilize an underground Emmanuel B. Platon Agenda Items 15 & 16 page 8 of 20 detention stormwater management facility to address water quantity and water quality. There are existing drainage and utility easements on-site. It will be the development team's responsibility to obtain all required encroachments into those easements prior to site plan approval. Based on the information provided by John Sandow Engineering, LLC in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 1.79 acres Pre-Development impervious area: 0.0 acres Post-Development impervious area: 1.14 acres Stormwater Management Facility Design Information Type of facility proposed: Underground Detention Description of outfall: Stormwater runoff from the site that enters the Stormwater Management Facility will discharge into the existing storm sewer along Dam Neck Road. Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains north along Dam Neck Road, turns east into the Holland Road Canal, which connects into West Neck Creek until it reaches the North Landing River. The North Landing River ultimately drains through the Currituck Sound and into the Atlantic Ocean. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 25, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on June 4, 2026. Emmanuel B. Platon Agenda Items 15 & 16 page 9 of 20 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 23, 2026 and June 30, 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 June 22, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virpiniabeach.gov/city-council on July 3, 2026. Emmanuel»B. Platon Agenda Items 15 & 16 page 10 of 20 REFERENCES: TAT•FOP/AAnON-hSFAI fPOM PNYSCAI • 91R'hY a PARlF15 SNOMN AS PROPERtt a TFECDMFE VORNGS ON PLAT-ROPERIY OF LLTE G.MILLER MC PARED 3Y DOTAL 9JRVET M" 'I+�+a�+' SERVICES,LLC DATED 03/27/2001 2.MTNS S_lEA ANC WATER SERVICE LT21TES .xI s, • TAKEN FROM STE PLANS OF DIED CAL OFFICE S."W"I=a—W DAM NECK ROAD). DATED 07/07/O6 3 AERIAL WA.'CRY-44M FROM MJTOCAD CM_W • y ACO.AREJ'20263 ROTES: 1. a GLAY Oa5 NC GUARANTEE FG98LIB 6'€ I uy I 1 a 1HE LAY di 1tED NDCATED NEAON BUT 6'CALV Sp- CL� IT N1EID71 iW COORa.ATCM,DSCLSSIOII,MO a 6'WOL'C FE SWNG GA E �� Y 1 Y WµMNG RMPOSES_"M A FULL CERGH • ZONING:R-5D W N CATEGORY N NAN M; u X 2 I 2.AWICHAL EASEMENTS MA'BE-RESENT i IAMDSrAAMG aERATED J� AIC(0 uYNDIIS SNOWF NAY DE OF QFFAD T%DINS ANC_'JCAnfNS'TAN SNCMN _ AS A dNRENT TIT_F WATREPERS OF T C U.S.:RrLYPiRS •• N• • • •N• •• � • • TIRE REPDiT REVEW WAS N07 PROWOEO. _ LNOS PE RFEEN T,d A K u > I _ NO WETL,V105 OR WATERS a T S____—___ ] _L 1 i Q71K lON WAS PROVDO. y r - — — A SEE C-101:CK EN"NXE NEW a"T a WAY AND EASEMENTS SITE SUMMARY: b I PRC ERTY ADDRESS 3266 DAM VCC%ROA3.YM4A Z FEACH,VA 23463 — PROPOSED 1-STORY t' P RC3 N MBENc 9B+oDSDD z �- AUTO REPAIR BUILDING FASTN.9 ZONING: R9D 0 PROPOSED 2'JNNG: CMDIONAL H1 q 18,859 GSF ;' � 0 It ADJACENT zAMC OI(WE_).11(MORTN),R5D 0 O ' V'Sl 4 I I E%ISTNG LSE VACANT Q i Z PROPOSED LSE- Au-aORRE SERVICEcvucE LA. 2 MIMIW PARCEL AREA:7.119 SF(I.M AL) lu 1 � A:nrA_PARcs AREA:1.79 AC!-ROW as) L2,1 U' C 'F S� N OFFICE �`I In U1115 OF pSTN3ANa:l.-N M V)4 W MN BLD_SETSACXS $ pg y♦ 0 ii XX 438 ] ' • ' �S Ik < 3 FROM-30 FT V U SIDE;El•-1a FT y MA9LwarLLlai SCE 10 U RE L�j - ' - x •p. R x Tx x Ix• I' I 1A (W). f i YfN.YS�Q "_" r... T x''. ~ R•TW I. i w•F C 'RECLEST FOR REJuc'1%FROM . �OISNO DAIS i m P 25 To 1o'LANDSGPE Ba-R e•GUSE A0. FNT PARCEL R I INSIDE AM DN-ZONE 1NAi --' IRE ACCESS r..• PRo-BR SSODM AL 'I �` 8 ALY SIG.CL ;I T a ^ ♦ +1�). ¢ S DsnJENuiNi"TPAJ AL uasEci"IsiDNED 1NFOR 0 } 1 �) I I ✓{ o FLOW ZONE: n0-FLOM MI RANCE RATC a UP Z NAP FOR ME Ott OF RATE s N• t• • _M_ S \� 999 BEACH.NROMA C WTY MAP Rvsm ET . A 01 I6 F Q IN I, PROPOSED BOLDING NSA' 111.SF-D.tl AC J b 'I�' _Q 1 ` , L�j ' �O ' �. yi 1UX.B1AlllRC NEIDIT: 35 FT D ` •S I PROPOSED BuwING NDONT: 22'-r Z— I /{ •iFIG M t�. $N V-I BLtO NITRPHRCI p LQ CL ACCEC S�ROM=NG CLOSME(f EMS i6gF MNw4 PAR{NG iEWfER OFFICE U t 01'2 I E i E 'NVAE .CUT1. a 4 Z 6 N + I .rpVE`+�/ECifss E91T w�ii I �� I '400 SF x I SPC/33D GSF=..21 0 a t `i� FA i PAVCE ASIA: U It i 1' ` ••-•--/ 1''ss' \O j . I 20 EIP..A I SPC/E1PLo`u.20 kt4 I "1) /1 ,�( i TOTAL REaNEO:21 m �D PARNW 24 PAM TOTAL(TIDE I x ILi / A PROPOSED 0.E:A SPACES 69 PAM -- -- - oi -- -- MAAAN LOT COIENADE.BLDG FTPRNT O /1 ) —0 r r a) (D 1_ } In (D � Cr100R`w Ln I v '-N N F� O 0 m =s Proposed Building Elevations C\j I H -3 -1 1 -1 ,d[-113V3 3ALLOWOlnV S-3-IT3-9-7-AA3N P=4 ED El El FJ Hai El El T El Ll El E: E: 0 El Ll El 0 El Mtz > 52 W II Emmanuel B. Platon Agenda Items 15 & 16 page 12 of 20 Proposed Building Re ' - | -60 «�w\� \\jm� (. . , § | uo/awN m\9 !ƒu a AU I @ s N a 4 | E ti .. .�x� . . .d # ®© ■ .d » < a� �« ± \ ■ � §2 ! � � \ ■ < ° | ■� \\ � \ \ \\ � :\ ■ � . / ■ » . �� � y ) � �� � . � ■ \ . . ? \ ■ � — } < .» _ _ ' ? ■ � . Emmanuel /kon Agenda Items15 & 16 page 13 0 20 OZ jo bT a2ed 91 "? SZ SLuall epuaOy uOleld '8 lanuewwu D S i F D z - F Ig � p i u� m m m 1 T rn � F c� rn Z CA n PRELIMINARY DETAILS AND �$SERIES AUTOryH^ r �� e RENDERINGS u IVY ARCHITECTURE INNOVATIONS,INC. Ei Supuaj • • • ' 'aSeOiSpasodoJd -v O O LA tD 1 O. i` Go OrQ f O O tD ASH GRAY BLACK BROWN BURGUNDY rD . i , „ I x BURNISHED CHARCOAL CRIMSON DESERT EVERGREEN SLATE RED SAND 1 GALLERY ` a HAWAIiAN BLUE BLUE {I �a `' RUSTIC RED TAN � - Site • • 4d LM � a rw �a�'" w.c. usddab 7,77, VM K;:.. r Emmanuel B. Platon Agenda Items 15 & 16 page 16 of 20 Disclosure VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for at/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: Emmanuel B.Platon as listed on application_ Is Applicant also the Owner of the subject property? Yeso No( If no,Property I its i 2:PROPERTY OLVNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ N.0 if yes,name Representative: R.Edward Bourdon,Jr.,Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo@ ?f yes,list the nomes of ail officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or offitliated business entity z relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes • No if yes,name proposed or pending purchaser: 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 No • if yes,name the official or employee,and describe the nature of their interest. -- A 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 ondjor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Nome entity and/or individual) Financing(mortgage,�tr.51, TBD cross-col lateralizatio Real Estate Broker/Agent/Realtor 1 a Disclosure Statement I rev. M a y-2024 page 1 of 3 Emmanuel B. Platon Agenda Items 15 & 16 page 17 of 20 SECTIONDisclosure Statement APPLICANT SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O 0 Richard Ivy,Ivy Architectural Innovations Architect/Land Planner Construction Contractor 0 Q TSD Engineer/Surveyor/Agent 0 John Sandow,John Sandow Engineering [Legal Services 71 Q R,Edward Bourdon,Jr.,Esq.,Sykes.Bourdon.Ahern&Levy, PC HarryR Purkev Jr Fsn APPLICANT CERTIFICATION READ:I certify that oli informotion 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. Emmanuel B.Platon �sYlh?a17GfG��yYf Applicant Name(Print) Applicant Signature Date J"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 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): 6/18/2026 Marchelle L. Coleman 6J18/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Emmanuel B. Platon Agenda Items 15 & 16 page 18 of 20 Disclosure PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Glasson Properties, LLC, a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Ye<D NoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidia 1 or a iliated business entity'relationship with the applicant. Attach list l necessary.) Sandra E.Glasson Does the subject property have a proposed or pending purchaser? YesO No0 If yes,name proposed or pending purchaser: Emmanuel B. Platon 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 e if yes,name the o icial or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O O cross-collateralixation,etc.) Real Estate Broker/Agent/Realtor 0 0 Lisa West,Re/Max Miance Accounting/Tax Return Preparation O Architect/Designer/Landscape O O ArchitecVLand Planner Construction Contractor O Engineer/Surveyor/Agent O Legal Services (�) 0 Christopher A Pocta,Wolcott,Rivers Cates PROPERTY OWNER CERTIFICATION REAP.l certify that all information contained in this Form is complete,true,and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, 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 n connection with this application. Sandra E.Glasson Property Owner Name{Print} Property Owner Signature pat Disclosure Statement I rev, May-2024 page 3 of 3 Emmanuel B. Platon Agenda Items 15 & 16 page 19 of 20 Next Steps • Upon receiving a recommendation from the 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 the 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. Emmanuel B. Platon Agenda Items 15 & 16 page 20 of 20 EMMANUEL B. PLATON GLASSON PROPERTIES, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 3011,day of March,2026,by and between EMMANUEL B, PLATON,party of the first part,Grantor;GLASSON PROPERTIES,LLC,a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part,Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of property located in District 10 of the City of Virginia Beach containing approximately 1.76t acres which is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the"Property"; WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional R-51)Residential District to Conditional I-1 Light Industrial District;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit GPIN: 1495-14-0015 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB##22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise;and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, in addition to the regulations provided for in the 1-1 Light Industrial District by the existing Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or mid p duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants ruiuiing with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is developed, the layout of the building, parking, site improvements, landscaping and shared access improvements shall be substantially in accordance with the two (2) exhibits entitled "CONCEPTUAL SITE LAYOUT 8 SERIES AUTO 3288 DAM NECK RD, VIRGINIA BEACH, VIRGINIA", Sheet G-100 and "ENHANCED VIEW OF CONCEPTUAL LAYOUT 8 SERIES AUTO" Sheet G-101, dated 02/24/2026, prepared by John Sandow Engineering, LLC,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Plaiuung 2 and Community Development and is incorporated herein by this reference (hereinafter "Conceptual Development Plans"). 2. When the building shown on the Site Plan is developed, its architectural design, exterior building materials and colors shall be substantially similar in appearance with the exhibits entitled "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD-ELEVATIONS" (Sheet 1 of 2)and "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD-FOUR RENDERINGS" (Sheet 2 of 2)with attached color palette,dated March 18,2026,prepared by Ivy Architectural Innovations,which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference (hereinafter "Elevations"). 3. When the Property is developed,the fencing and dumpster enclosure depicted on the Conceptual Development Plan as well as the freestanding,and building mounted sign shall be as depicted and described on the exhibit entitled "PRELIMINARY DETAILS AND RENDERINGS - 8 SERIES AUTO" dated 02/24/2026, prepared by Ivy Innovations Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference (hereinafter"Renderings") 4. The following principal uses within the I-1 Light Industrial Zoning District shall not be permitted on the Property: (a) Airports,heliports and helistops; (b) Low explosive storage; (c) Bars or nightclubs. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the I-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia,in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 3 The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said 'instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order,in writing,that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions 4 may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 5 WITNESS the following signature and seal: Grantor: (SEAL) Emmanuel B.Platon STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrwnent was acknowledged before xne th9th day of April,2026, by Emmanuel B. Platon,Grantor. , Notary Public 31ust .$°°\,��•R•"N 2`''• MyContnussionExpires: August ► 2026 J C Notary Registration Number: 192628 z °= 9? -r+ 0S ? 6' s X. eee�e�A(JBt IG 5w. •r�ti 6 WITNESS the following signature and seal: Grantor: Glasson Properties,LLC, a Virginia 1' a ty c mpany B (SEAL) lasson,Manager E STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this F day of April,2026, by Sandra E. Glasson, Manager of Glasson Properties, LLC, a Virginia limited liability company,Grantor. C Notary Public My Commission Expires: ` r Notary Registration Number: r` CHAMICK DEVON SALTER vNotary Public state of Florida Comm#HH697719 zl Expires 7/13/2029 7 EXHIBIT"A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with its appurtenances, situate in the City of Virginia Beach, Virginia, and described as Theodore Mornngs as shown on that certain plat entitled "Property of Theodore Morings at Landstown - ut - Princess Anne Co., VA', dated March 10,1956,made by W.B.Gallup,County Surveyor,and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 446, at Page 318, containing two(2)acres,more or less,and fronting two hundred(200)feet on the western side of L.andstown Road. GPIN: 1495-14-0015 AM/"Conditional Rezoning/—Platon/Proffer Agreement final 4-21-2026.docx 8 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #15 & 16 Emmanuel B. Platon Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next items are agenda items fifteen and sixteen. Is there a representative here to speak on these? Welcome, sir. Please state your name for the record. Mr. Bourdon: Thank you, Madam. Eddie Bourdon, Virginia Beach Attorney,representing Mr. Emmanuel Platon on the application. All ten conditions, as recommended on the conditional use permit, are acceptable. Obviously, the proffers speak for themselves. We proffered them, and greatly appreciate Marchelle's work on this application. Thank you. Ms. Byler: Thank you. You may be seated. Is there anyone here with opposition to these items being added to the consent agenda? Hearing none, I have asked Commissioner Moorjani to read them into the record. Ms. Moorjani: Application number fifteen by Emmanuel B. Platon is for conditional rezoning on 3288 Dam Neck Road from a residential district to an industrial district. Application number sixteen is by the same applicant for the same location for a conditional use permit to operate an automobile repair garage to construct an eight series auto services business. The business has outgrown its current location and is seeking to relocate to construct a larger facility. We have not received any opposition, and therefore request that it be added to the consent agenda. Ms. Byler: Thank you, Commissioner Moorjani. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you,Commissioner Hippen. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the minutes as presented by Commissioner Camp, and twelve items known as agenda items: one,two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen. Mr. Coston: Thank you. Do I have a motion to approve by consent the items as read? Ms. Hippen: So moved. Mr. Mauch: Second. Noting the modification to Agenda item number eight. Mr.Coston: Okay. It's moved by Commissioner Hippen and seconded by Commissioner Mauch. Are we ready for the question? Clerk: The vote is open. By a recorded vote of eleven to zero, with all aforementioned abstentions, all aforementioned minutes and items one, two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either verbally, virtually, or in person, but you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X Byler (Vice Chair) X Schoonover X Plumlee X Hi en X Cuellar X Coston (Chair) X Moor'ani X Mauch X Conditions 1. A 10-foot-wide Category VI landscape buffer is proposed along the east property line.This landscape buffer is a deviation from the 25-foot-wide Category II buffer required by the City Zoning Ordinance. 2. The site shall be developed in substantial conformance to the exhibits entitled "CONCEPTUAL SITE LAYOUT 8 SERIES AUTO 3288 DAM NECK RD, VIRGINIA BEACH, VIRGINIA", Sheet G-100 and "ENHANCED VIEW OF CONCEPTUAL LAYOUT 8 SERIES AUTO" Sheet G-101, dated 02/24/2026, prepared by John Sandow Engineering, LLC", dated February 24, 2026, prepared by John Sandow Engineering, LLC which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning &Community Development. 3. The architectural design of the building shall be developed in substantial conformance to the exhibits entitled "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD - ELEVATIONS" (Sheet I of 2) and "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD- FOUR RENDERINGS" (Sheet 2 of 2) with attached color palette, dated March 18, 2026, prepared by Ivy Architectural Innovations, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 4. The design of the fencing, dumpster enclosure, freestanding signage, and building-mounted sign shall be developed in substantial conformance to the exhibit entitled "PRELIMINARY DETAILS AND RENDERINGS - 8 SERIES AUTO" dated 02/24/2026, prepared by Ivy Innovations Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 5. The hours of operation shall be from 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 4:00 p.m., on Saturdays. 6. There shall be no storage of tires, equipment, parts, or debris of any kind outside of the building. 7. No outside paging or amplified music system shall be permitted. 8. 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. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 9. The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections division of the Department of Planning & Community Development if one is required after their review, before the business license is issued. 10. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. r r7� u CLEVF�ANp gT a 264 RF cyR $� Site Diane J Davis Cp zoning 215 & 241 Expressway Court 0 Property Polygons Feet 0 40 80 160 240 320 Map created by Planning Department on 6/9/2026 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIANE J DAVIS [Applicant] VIRGINIA HICKORY ASSOCIATES LLP [Property Owner] Conditional Use Permits (Adult Day-care) for the property located at 215 & 241 Expressway Court (GPIN 1467741247). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: July 7, 2026 ■ Background: The applicant is requesting Conditional Use Permits to continue operating an Adult Day-care facility within two existing office-warehouse units located at 215 and 241 Expressway Court in the Expressway Court Commerce Centre. The 2.466-acre property is zoned 1-1 Light Industrial District and is located within the Western Campus Overlay of the Pembroke Strategic Growth Area (SGA). The facility occupies approximately 2,620 square feet across the two units and has operated at these locations for two and five years, respectively. The applicant was previously unaware that Conditional Use Permits were required and is now seeking approval to bring the use into compliance with the Zoning Ordinance. The Adult Day-care facility provides day support services for adults with disabilities, focusing on communication skills, adaptive behavior, social interaction, community engagement, and independent living skills. Services include assistance with personal care, household tasks, food preparation, money management, safety awareness, and other activities that promote functional independence. All activities occur within the existing building units, and no exterior modifications are proposed. The facility operates Monday through Friday from 8:30 a.m. to 5:00 p.m., with participants transported to and from the site by Motive Care Transportation Company. The facility is licensed by the Virginia Department of Behavioral Health and Developmental Services and employs four staff members, with two employees assigned to each unit. The applicant proposes to serve up to 20 participants, 10 in each unit; however, the final occupancy will be determined by the Fire Marshal's Office and reflected on the Certificate of Occupancy. Parking requirements are adequately met. Under the Zoning Ordinance, the facility requires nine parking spaces based on its floor area, while the office complex contains approximately 89 parking spaces available to serve the development. Diane J Davis Page 2 of 4 ■ Considerations: Staff and the Planning Commission find the requests for Conditional Use Permits to operate an Adult Day-care facility at 215 and 241 Expressway Court to be acceptable. The proposal represents the reuse of existing commercial space within a district intended for service-oriented businesses and involves a low-intensity operation with daytime hours, modest staffing, and limited participant levels. Because the request does not involve major redevelopment or expansion, Staff does not have any significant land use concerns and notes that permitting the proposed use would not limit the ability of the property to be redeveloped in the future, in a manner more consistent with the vision of the Pembroke SGA. All activities occur indoors, with no exterior building modifications or outdoor operations proposed, further minimizing potential impacts on neighboring properties. Staff and the Planning Commission recognize that the facility provides valuable support services for adults with disabilities, contributing to the community's overall welfare. The site contains adequate parking, and the operational characteristics of the use are not expected to create adverse effects on adjacent properties, traffic circulation, or the surrounding area. Overall, the requests are consistent with the intent of the Zoning Ordinance and an appropriate adaptive reuse of existing space within the industrially zoned development. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Conditional Use Permit— 215 Expressway Court 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 215 Expressway Court. 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 existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed 10 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. Diane J Davis Page 3 of 4 5. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Conditional Use Permit— 241 Expressway Court 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 241 Expressway Court. 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 existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed 10 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. -- Submitting Department/Agency: Planning Department Diane J Davis Page 4 of 4 City Manager:fw Agenda A•• Diane J Davis Property •wner: Virginia Hickory Associates • Planning Commission ' • 1 2026 V_B_ CouncilCity ! !istrict 4 (Ross-Hammond Project Details Request Conditional Use Permit (Adult Day-care Center) Conditional Use Permit (Adult Day-care Center) Staff Recommendation `'�, f~�' ! t j -j ADMIRAL;_ WRIOHT RD:. ]' f{ma55aFlCe A¢aderny p Approval - « Staff Planner Marchelle Coleman ; pKER p,: yWj St �ppr , i- < a�a D� r 1 8LVD"- Location —7 - 215 & 241 Expressway Court _t L ACA- C MY E11Y ------"-- )1 1 GP/N « 0 1467741247 Site Size -`�-•. AA 6ry e,. L �� 2.466 acres p°"'0YE H A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts North Expressway Court Industrial Office/ 1-1 Light Industrial South 1-264 East Office/ 1-1 Light Industrial West Office/ 1-1 Light Industrial Diane J Davis Agenda Items 17& 18 page 1 of 15 Background SummaryofProposal • The applicant is requesting Conditional Use Permits to operate an Adult Day-care facility on a 2.466-acre parcel zoned 1-1 Light Industrial District, located at 215 & 241 Expressway Court, within the Expressway Court Commerce Centre. • The site contains two existing one-story buildings, which are designed to accommodate office-warehouse style units, and is located within the Pembroke Strategic Growth Area (SGA) and the Western Campus Overlay. • The facility operates in two units totaling approximately 2,620 square feet. The applicant has operated an Adult Day-care facility at 241 Express Court for five years, and at 215 Express Court for two years. The applicant was previously unaware that Conditional Use Permits were required and is now seeking approval to comply with the City's Zoning Ordinance. • The Adult Day-care facility will provide day support services to adults with disabilities, focusing on communication skills, skill acquisition, and functional independence. Services include training in expressing needs and understanding verbal instructions; developing adaptive skills for community engagement and safety; promoting appropriate behavior, social interaction, and peer relationships; and building competencies in activities of daily living such as personal care, household tasks,food preparation, money management, and community participation. • All activities on site will be located within the specified units of the buildings. • No exterior changes to the buildings are proposed. Signage for the use is already in place, as shown in the image provided on page 9 of this report. • Typical hours of operation will be from 8:30 a.m. to 5:00 p.m. Clients are dropped off and picked up by Motive Care Transportation Company. Drop-off time is at 8:30 a.m. and pick-up time is between 2:30 and 3:00 p.m. • The Adult Day-care facility is currently licensed through the Virginia Department of Behavioral Health and Developmental Services. • The facility employs a total of four staff members, two in each unit. While the applicant intends to serve up to 20 participants, 10 in each unit, at any given time, the final capacity will be determined by the Fire Marshal's Office and documented on the Certificate of Occupancy. • In accordance with Section 203 of the Zoning Ordinance, Day-care Centers are required to provide one parking space per 300 square feet of floor area. The 2,620 square foot facilities require nine parking spaces, and the site contains approximately 89 parking spaces to accommodate the general office uses within the complex, meeting the parking requirement. Diane J Davis Agenda Items 17& 18 page 2 of 15 Zoning History # Request CEVE. .w_ . 2 i ry r �Np ST . 1 CUP (Tattoo Studio) Approved 04/12/2011 �c Y 2 CUP (Communication Tower) Approved 02/01/2000 ,L Z64 02 B2 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 - • • , • These requests for Conditional Use Permits to operate an Adult Day-care facility at 215 & 241 Expressway Court are, in Staff's opinion, acceptable.The proposal reuses existing commercial space in a district specifically envisioned for service-oriented businesses, and the described operation appears limited in scale, with daytime hours and modest staffing/participant levels. Because the request involves an existing building reuse rather than major redevelopment or expansion, it does not raise a significant land use concern from a Comprehensive Planning perspective, as the use remains of a low-intensity and in the future could be redeveloped consistent with the Pembroke SGA. As mentioned previously, the property is located within the Pembroke SGA and the Western Campus Overlay. In Staff's view, the proposed use is compatible with the existing office-warehouse and commercial uses within the Expressway Court Commerce Centre and the surrounding area, and operates with a low-intensity, as all activities occur indoors and no exterior modifications or outdoor operations are proposed. Overall, the facility provides valuable support services for adults with disabilities, which promotes the general welfare of the community. In addition, the site contains adequate parking, and the operational characteristics Diane J Davis Agenda Items 17& 18 page 3 of 15 of the use are not expected to create adverse impacts on adjacent properties or traffic circulation. Staff further finds that the request is consistent with the intent of the Zoning Ordinance and represents an appropriate adaptive use within the existing industrially zoned development. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions for 215 Expressway Court 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 215 Expressway Court. 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 existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed 10 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Diane J Davis Agenda Items 17& 18 page 4 of 15 Recommended Conditions for 241 Expressway Court 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 241 Expressway Court. 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 existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed 10 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive • • The Comprehensive Plan designates this site as being within the Pembroke Strategic Growth Area (SGA) and the Western Campus Overlay.The vision for the Pembroke SGA 4 is a central urban core with a vertical mix of uses, great streets, mobility and transit alternatives, gathering places, environmental and neighborhood protection, green buildings, and infrastructure opportunities providing a variety of civic, commercial, artistic, and ethnically diverse areas. (p. 1-31, Comprehensive Plan 2016 Policy Document) Urban development patterns promote a more efficient and cost-effective use of existing public infrastructure and services such as roads, schools, water, sewer, police, fire, rescue, and others. (p. 1-7, Comprehensive Plan 2016 Policy Document) Providing a complementary and vertical blend of residential and non-residential uses within Diane J Davis Agenda Items 17& 18 page 5 of 15 reasonable walking distances with well-designed connectivity to one another is an important part of a successful urban development strategy." (p. 1-7, Comprehensive Plan 2016 Policy Document) Western Campus District—a park-like academic and recreational setting that showcases a pedestrian-friendly area. (p 1-31, Comprehensive Plan 2016 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. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—38 ADT Expressway Court No Data Available No Data Available Proposed Land Use 3-38 ADT 1 Average Daily Trips 2As defined by an 3As defined by an 'LOS = Level of adult daycare facility adult daycare facility Service for 10 participants for 10 participants Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Expressway Court is a two-lane industrial commercial cul-de-sac. It is not included in the MTP. No roadway CIP projects are slated for Expressway Court. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public 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 May 11, 2026. Diane J Davis Agenda Items 17& 18 page 6 of 15 • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 25, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on June 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 23, 2026 and June 30, 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 June 22, 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 July 3, 2026. Diane Davis Agenda Items 17& 18 page 7 of 15 Site Layout t211 W13 ' t y 5,143 6163 .. _.. -5179 � - ♦ i1p. P ` �.m 231 �� � �,� .. �..1rC 7Cti 1•C IMN Or t f r , y . '►f, E1 *_ rI ——� .. Diane J Davis Agenda Items 17 & 18 page 8 of 15 Existing Door ignage ............................. pY�l Diane J Davis Agenda Items 17& 18 page 9 of 15 Site Photos e, x � fit- y77 flow t Y _ s r ffi f 5> `f P e EXPRESSWAY COURT let- COMMERCE AWWWWANAW 1 1. Site • • u. L a � ? °p T' Diane J Davis Agenda Items 17& 18 page 11 of 15 Disclosure Disclosure VIRGINIA Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications 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 � Is Applicant also the Owner of the subject property? Yeso Not If no,Property Owner nwst complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO Noo if yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes&Noo if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity-relationship with the applicant.(Attach list if necessary.)_ Does the subject property have a proposed or pending purchaser? Yeso NoM— If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No(3V' 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.) W� SERVICE YES NO SERVICE PROVIDER Name entity and/or individuq�__ Financing(mortgage,deeds of trust ©cross-collateralization,etc.) ------------- - — - Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Diane J Davis Agenda Items 17 & 18 page 12 of 15 Disclosure DISCLOSURESECTION 1: APPLICANT . -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Q Architect/Designer/Landscape O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 0 Legal Services O APPLICANT CERTIFICATION READ.1 certify that all information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name(Print) Applicant Signature Date 1'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. 1 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 same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a 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): 6/18/2026 Marchelle L. Coleman fO�� 6/18/2026 Staff Name(Print) Staff Signature Date Disclosure Statement i rev. May-2024 page 2 of 3 Diane J Davis Agenda Items 17 & 18 page 13 of 15 Disclosure PROPERTY OWNER INFORMATION Property Owner Name: as listed on application \(tr��.�—. __it�r�ncsl_..__ i �_sz�•a-1c S t..1 • P Is the Owner a corporation,partn'ership,firm,business,trust,or unincorporated business? Yes N if yes,list the names of all officers,directors,members,or trustees below AND Businesses that have a parent-subsidiary'or a filiater/business entity x relationship with ttre ap licont. (Attach list if necessary_) Stephen R. Caplan,Jim Caplan,Lawrence Fleder Does the subject property have a proposed or pending purchaser? Yeso NoQ if yes,name proposed or pending purchaser: KNOWN IN` £RI-ST BY PUBLIC OFFICIAL ICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No& 1 myes, nrrrne fire official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCt_O3t1RE; READ:The Owner must certify whether the following services are tieing provided in connection to the subject application at any business operating or to be operated on the property. The name of the entity or individual providing such services must,be identified. (Attach list if necessary.) SERVICE � YES " NO SERVICE PROVIDER Name emit QndJor individual Financing(mortgage,deeds of trust, cross-collateralization,etc.) Real Estate Broker/Agent/Realtor _ 0 Thathimer I Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor_ Engineer/Surveyor/Agent Legal Services PROPERTY OWNER CERTIFICATION READ:l certify that rril information contained in this Form is complete,true,and accurate.l understand that, upon receipt of notification that the opplication has been scheduled for public hearing, t orn responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CI3PA, Wetlands Board or•any pubfic body or committee in connection with this application. Cmpl nr t� bV(�k.) 2 wn.U Property Owner Name(Print) 1kroperti Ow der Signature Date By: Virginia HIckory Associates, LLP, t)isclosureStatement{ rev. May-20? By._.A-RC.Faa1Yly e a ers p, gener4aR@r!FW3 By: Stephen R. Caplan Trustee for Caplan Family Trust 1983A, general partner Diane J Davis Agenda Items 17& 18 page 14 of 15 skim, WN • Upon receiving a recommendation from the 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 the 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. Diane J Davis Agenda Items 17& 18 page 15 of 15 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #17 & 18 Diane J Davis Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next items are collectively agenda items 17 and 18. Is there a representative here to speak on this? Ms. Davis: Yes. Diane Davis. Ms.Byler: Ms. Davis, are the conditions acceptable to you? Ms.Davis: Yes. Ms. Byler: Is there anyone here today who has opposition to these items being added to the consent agenda? Hearing none,I have asked Commissioner Mauch to read it into the record. Mr. Mauch: The applicant, Diane Davis, is requesting a conditional use permit to operate an adult daycare facility. The adult daycare facility will provide day support services to adults with disabilities, focusing on communication skills, skill acquisition, and functional independence. Overall,the facility provides valuable support services for adults with disabilities,which promotes the general welfare of the community. This request for a conditional use permit to operate an adult daycare facility is acceptable to the commission. Hearing no opposition to it,we decided to put it on the consent agenda. Ms.Byler: Thank you, Commissioner Mauch. (The following dialogue reflects the discussion to approve this item as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you,Commissioner Hippen. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the minutes as presented by Commissioner Camp, and twelve items known as agenda items:one,two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen. Mr. Coston: Thank you. Do I have a motion to approve by consent the items as read? Ms. Hippen: So moved. Mr. Mauch: Second. Noting the modification to Agenda item number eight. Mr.Coston: Okay. It's moved by Commissioner Hippen and seconded by Commissioner Mauch. Are we ready for the question? Clerk: The vote is open. By a recorded vote of eleven to zero, with all aforementioned abstentions, all aforementioned minutes and items one, two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either verbally, virtually, or in person, but you're free to leave. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X Byler (Vice Chair) X Schoonover X Plumlee X Hi en X Cuellar X Coston (Chair) X Moor'ani X Mauch X Conditions for 215 Expressway Court 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 215 Expressway Court. 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 existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed 10 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Conditions for 241 Expressway Court 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 241 Expressway Court. 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 existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed 10 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. I'J IO Qti Yr �y N W � B2 40 A 1 o `... �pN � GT LNG � Al2 E B4 ® site Andale Guey Tacos LLC/Estela Gomez (� Zoning 549 Newtown Road Property Polygons s Feet 0 25 50 100 150 200 Map created by Planning Department on 6/9/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANDALE GUEY TACOS LLC / ESTELA GOMEZ [Applicant] BOWEN PROPERTY VENTURES LLC [Property Owner] Conditional Use Permit (Open Air Market) for the property located at 549 Newtown Road (GPIN 1468206651). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: July 7, 2026 ■ Background: The applicant is seeking a Conditional Use Permit for an Open Air Market to allow the continued operation of a food truck on a portion of the B-2 Community Business District zoned parcel. The property is located in the Newtown Plaza Shopping Center, and the food truck has operated on site since November 2025 with a Peddler's Permit. As the Peddler's Permit expired in May 2026, the applicant is requesting approval of the subject CUP to continue operating on site. Proposed hours of operation are 11:00 a.m. to 8:00 p.m., daily, with a maximum of two employees. The 70 existing parking spaces on site are adequate to serve the shopping center as well as the food truck, including the four spaces occupied by the food truck itself. ■ Considerations: The request appears generally consistent with the surrounding commercial context, as the truck would be located within an existing shopping center parking area fronting Newtown Road, providing an amenity to the community without impacting the site's overall land use pattern. There are no anticipated traffic impacts with this request, nor has staff received any opposition to the proposal. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 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 Open-Air Market shall be limited to one (1) food truck. 2. The Open-Air Market (food truck) shall be located in substantial conformance to the location depicted on the site plan entitled "Site Plan for Andale Guey Tacos," dated 04/04/2026, which has been exhibited to the Virginia Beach Andale Guey Tacos LLC / Estela Gomez Page 2 of 2 City Council and is on file with the Department of Planning and Community Development. 3. There shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of the sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 4. The placement of the food truck shall not obstruct drive aisles or designated fire lanes at any time. 5. The proposed hours of operation shall be from 11:00 a.m. to 8:00 p.m., daily. 6. There shall be no amplified music associated with the Open-Air Market (food truck). 7. The operator shall maintain a valid Virginia Beach Fire Department Fire Prevention Bureau Inspection Sticker. 8. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ctx City Manager:PW ' Agenda • A•• •. - Guey TacosGomez Property Owner: Bowen Property Ventures LLC Planning Commission • • 1 2026 CouncilCity •• • • M Project Details ���ot Tf�;.P��4oPp�� Request 4 Lap m Conditional Use Permit (Open Air Market) GH r PR i m Staff Recommendations 1� G m G p Approval q C cry F wnxnAm n e n 9L�Fy CT` Staff Planner o O z � A�FR ��l(YpNF Kristin Bauer P1NQ T ON h P L Locationz 549 Newtown Road .BLUFF'; y V u h V sy CT TARC w.. w O C w LANNfA U NFSrt GPIN ARCH u e AMy� 1468206651 i�P PmP 3 C PIER CT `.: .;t\ mQ4J CrS AW,L Site Size 64,490 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center/ B-2 Community Business Surrounding Land Uses and Zoning Districts North Automobile Service Station, mini-warehouse/ B-2 l Community Business South Offices/ B-2 Community Business East Apartments, mini-warehouse/A-12 Apartment, B- 2 Community Business West Newtown Road Retail, restaurants/ B-4 Mixed Use, B-2 Community Business Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 1 of 13 Background ► SummaryofProposal • The applicant is requesting a Conditional Use Permit for an Open-Air Market to allow the continued operation of a food truck on a portion of this 64,490 square foot, B-2 Community Business District zoned parcel which contains the Newtown Plaza Shopping Center. • The applicant, who has operated on site with an approved Peddler's Permit which expired in May 2026, is seeking a Conditional Use Permit to allow continued operation at the site. • The applicant's food truck, Andale Guey Taco, is a standalone food truck located in the southeastern portion of the parcel. • The typical hours of operation for the food truck are 11:00 a.m. to 8:00 p.m., daily.Two employees are anticipated per shift. • Per the Fire Marshal's Office, an annual Inspection and permit from the Virginia Beach Fire Department Fire Prevention Bureau is required to operate a mobile food truck in the City of Virginia Beach. • Per Section 203 of the Zoning Ordinance, parking for both the shopping center and Open-Air Markets is required at a rate of one space per 250 square feet of floor area. The approximately 600 square foot food truck requires four parking spaces, while the 13,560 square foot shopping center requires 55 parking spaces, for a total of 59 parking spaces required for both uses. The site currently contains 70 parking spaces; however, four are occupied by the food truck, leaving 66 available spaces, thereby satisfying the parking requirement. Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 2 of 13 Zoning History Map Key No. Request — soGG� W 1 CUP(Microblading) Approved VAXHAM aoUy 12/08/2021 CT 2 2 CUP (Self Storage) Approved o ,� 02/27/2001 ,12 a Al2 CRZ (B-2 to Conditional B-4) 132 Approved 01/20/2015 D w 4' 2LU � r MOD (Religious Use)Approved 07/05/2011 CUP (Religious Use) Approved 05/11/2010 �CKER�Nr' T _ 77�11 4 CUP(Church and Child Care %�y � , Education Center)Approved ; ,,A 2 08/14/2007 4 CUP (Beauty School Approved 04/10/2007 CUP(Church)Approved 07/11/2006 CUP(Child Care Center) Approved 07/13/2004 CUP (Church)Approved 05/13/2003 CUP (Commercial Recreational Facility) Approved 04/14/1992 CUP(Bingo Hall) Approved 01/28/1992 CUP(Motor Vehicle Sales & Rentals) 5 Approved 05/19/2021 CUP(Motor Vehicle Rentals) Approved 02/01/2000 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 Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 3 of 13 Evaluation • • • The proposed Conditional Use Permit for an Open-Air Market to operate a food truck is, in Staff's opinion, acceptable.The food truck provides an amenity for the community and will not result in any land disturbance. The use will have limited hours of operation, as noted in Condition S. Adequate parking is provided on site to accommodate the existing retail strip and the proposed food truck. While standard traffic counts are not available for the food truck use, Staff does not anticipate any adverse traffic impacts as a result of the food truck. Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The Open-Air Market shall be limited to one (1) food truck. 2. The Open-Air Market (food truck) shall be located in substantial conformance to the location depicted on the site plan entitled "Site Plan for Andale Guey Tacos," dated 04/04/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. There shall be no less than one (1)trash receptacle per one thousand (1,000) square feet of the sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 4. The placement of the food truck shall not obstruct drive aisles or designated fire lanes at any time. 5. The proposed hours of operation shall be from 11:00 a.m.to 8:00 p.m., daily. 6. There shall be no amplified music associated with the Open-Air Market (food truck). 7. The operator shall maintain a valid Virginia Beach Fire Department Fire Prevention Bureau Inspection Sticker. 8. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 4 of 13 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 site falls within the Suburban Area, where the guiding principle is "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, Comprehensive Plan 2016 Policy Document)The request appears generally consistent with the surrounding commercial context, as the truck would be located within an existing shopping center parking area fronting Newtown Road and would not alter the site's overall land use pattern. Attention should be given to maintaining adequate parking and safe on-site circulation.The Comprehensive Plan calls for providing distinct pedestrian spaces from the parking area. Incorporating appropriate minor landscaping or planter treatment if the truck remains in place on a long-term basis, and providing a protection barrier could assist in clear distinction of pedestrian areas. 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. Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 5 of 13 Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use z—863 ADT 31100 ADT 1(LOS 4 Newtown Road 39,950 ADTl „D„) Proposed Land Use 3-No Data Available 'Average Daily Trips 'As defined by a 'As defined by a food 'LOS= Level of 15,000 square foot truck Service strip retail Master Transportation Plan(MTP)and Capital Improvement Program(C/P) Newtown Road in the vicinity of this application is considered a four-lane, undivided, minor suburban arterial. The MTP proposes a divided facility with a bikeway within a 150-foot right-of-way. No roadway CIP projects are slated for the roadway surrounding the site. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water&Sewer The site currently connects to city water and sewer. There is an existing 12-inch city water main and 12-inch city sanitary sewer force along Newtown Road. There is an existing 8-inch sanitary sewer lateral to the site along the northern property line within a Private Utility Easement. This lateral connects to the existing 8-inch sanitary sewer gravity main along Lake Edwards Drive. Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 6 of 13 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 11, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 27, 2026, and June 3, 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 May 25, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on June 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 23, 2026 and June 30, 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 June 22, 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 July 3, 2026. Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 7 of 13 Proposed Site Layout a � . .. Location of food truck SITE PLAN FOR ANDALE GUEY TACOS 04/04/2026 Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 8 of 13 ,i t'laza m� 4 K �.M # - a 3F 't k^ WWI t. Andale Guey Tacos LLC/ Estela Gomez+ Agenda Item 19 page 9 of 13 BEACHDisclosure Statement Disclosure VIRGINIA Vs `:h t 5,. 11'f s con mred m tPn .37 g I Wt 't,C` yut`i r.'; a.a P,,`,. >(t; rt:. i4 ;:t vol ; the :d{j3 ry,S:ta,Zpp G.;g'()avbjerr,-,-they IkWir£' a G(3'1!h f:* iY_t 1;Ier v pep,,-,fq v �.C7-?Tb,Czr e or on the,,�r;'<„c.��.•.,e*a�.. ..#,rs';:.,: „`.t. JP P'it I ')! virgln�t.' :.f r-g0r'rif1y actft§'!by Me s 'tV tkaJ mv3 t APPLICANT APPLICANTINFORMATiON Appiltant Name is Applicant also the Owner of the sb pr' l Yell �4a ri, 6;;- ,. c ze'>Y'C.TION 2 OP °'«�' -T"VIaiE,R r4'5C#-�.`.S'S}6 o'jge_, Does Appli#am have a Representative?Yes 1)�.Au� is Applicant a corporation,partnership, rm,business,trust or unincorporated badness? Yes ?""bi'Jfu;y$w 01 f;; ryd tt-'y- 2.. r, t)aes the ssi sect property have a proposed or pending putdaaseri Yes ` „ art "'.,, .N..j. �.0 j*rt �ljt,^r�a.r na.e`1-hJ��,�-.. Does an official or employee of the City of Virginia Beach haw are inte t in proposed developr nt contingent on tt�strbjW public n? Yes3 No s eck land or any 4 READ. :gall 13t a:"C�;'!0o" _ _, ,�,�vst rrti" a a ri e'.€t�s...`?�_ ,uC'!;°€�a ,•�!.23:3;dtSP '` s Cd ..v.'.`_.Y....._..SRVIE._ rkn >d fig int€ut age,dui of trust, er crc�so�,aertsz+iccr Esc_} ..ile a Estate brpiser/A rat Rearttor r";SO�Swe stairrrv-tt 1 rep M ay-2024 palls 1 of Andale Guey Tacos LLC Estela Gomez Agenda Item 19 page 10 of 13 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Nome entity and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner 0 Construction Contractor Engineer/Surveyor/Agent Q 0, Legal Services 01 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name(Print) Applicant Signature Date "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SD percent of the voting power of another corporation."See State and local Government Conflict of Interests Act, VA,Code§2.2.3101, 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own at manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise shore activities,resources or personnel on a regular basis;or there is otherwise a close worxing relationship between the entities.'See State and Local Government Conflict of interests Act, Va.Code§2.2-3102. FOR CITY USE ONLY: No changes as of(date), 06/23/2026 Kristin B,3uer 06/23/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 �page 2 of 3 Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 11 of 13 Disclosure L l!"' l-TITTARM mi -7- PROPERTY OWNER INFORMATION Property Owner Name: as Inted on apptrcatr.�n -bow l ��e _V� ( Is the Owner a corporation,partnership,firm,businks,trust,or unincorporated business? YeSON00 If yes,lost the nomes of al/officers,directors, members,or trustees below AND businesses that have a porent stjk,,O,vy'or a ihowd business entity 7/elotionship with the a phcont. Attarh list if necessor OWeAN — O,J Y,4 �. Ov.) — l✓Ka'( Does the subject property have a proposed or pending purchaser? Yeso No if ves, 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 th s bject land or any proposed development contingent on the subject public action? Yes Q Nov thF of*,i't�t or em lo,ve, and drscrihe 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 provid;ng such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financng(mortgage,deeds of trust, O V}off cross-coilateralization,etc.) fV( Real Estate Broker/Agent/Realtor 0 v 1 Acco:nting/Tax Return Preparation O IS Architect/Designer/Landscape O A-y Architect/Land Planner lJ 1 Construction Contractor 0 61 jEng;veer/Surveyor/Agent O Legal Services 0 PROPERTY OWNER CERTIFICATION READ:t certify that oil t;formotion contained to this Form is complete, true, and accurate. I understand that, upon receipt of norificotion that the upplicotion has been scheduled for public hearing, i om respon ible for updating rhr informarirn provided herein three wrcks prior to the meeting of Planning Commission, ON Council, W30A,CI3PA, lletlunds l3ourd or any public body or curnniittee in connection with this opplication. Pr rty Owr Jarne(Print) Pr.,� y Owner Signature Date Disclosure Statement ( rev May )014 page 3 of 3 Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Andale Guey Tacos LLC/ Estela Gomez Agenda Item 19 page 13 of 13 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #19 Andale Guey Tacos LLC/Estela Gomez Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next item is item 19. Is there anyone here to speak on this? Welcome,sir. Please state your name for the record. Mr. Palacios: Duay Palacios. Ms. Byler: And are the conditions acceptable to you? Mr. Palacios: Yes. Ms. Byler: Okay. Thank you. You may be seated. Is there any opposition to this item being added to the consent agenda? Hearing none, we have asked Commissioner Hippen to read it into the record. Ms.Hippen: The applicant is requesting a conditional use permit for an open air market to allow the continued operation of a food truck on a portion of a 64,490 square foot B-2 Community Business District zoned parcel,which contains the Newtown Plaza shopping center. The applicant, who has operated on the site with an approved peddler's permit, which expired in May 2026, is seeking a conditional use permit to allow continued operation at the site. The applicant's food truck, Andale Guey Tacos, is a standalone food truck located in the southeastern portion of the parcel. The typical hours of operation for the food truck are 11 a.m. to 8 p.m. daily. Two employees are anticipated per shift. Per the Fire Marshal's Office,an annual inspection and permit from the Virginia Beach Fire Department Prevention Bureau is required. Per Section 203 of the Zoning Ordinance, parking for open air markets is required at a rate of one space per 250 square feet of floor area. The approximately 600 square foot food truck requires four parking spaces, thereby satisfying the parking requirement. Having no objections, this item has been placed on the consent agenda. Ms.Byler: Thank you,Commissioner Hippen. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the minutes as presented by Commissioner Camp,and twelve items known as agenda items: one,two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen. Mr. Coston: Thank you. Do I have a motion to approve by consent the items as read? Ms. Hippen: So moved. Mr. Mauch: Second. Noting the modification to Agenda item number eight. Mr.Coston: Okay. It's moved by Commissioner Hippen and seconded by Commissioner Mauch. Are we ready for the question? Clerk: The vote is open. By a recorded vote of eleven to zero, with all aforementioned abstentions, all aforementioned minutes and items one, two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either verbally, virtually, or in person, but you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The Open-Air Market shall be limited to one (1) food truck. 2. The Open-Air Market (food truck) shall be located in substantial conformance to the location depicted on the site plan entitled "Site Plan for Andale Guey Tacos;' dated 04/04/2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. There shall be no less than one (1)trash receptacle per one thousand (1,000) square feet of the sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 4. The placement of the food truck shall not obstruct drive aisles or designated fire lanes at any time. 5. The proposed hours of operation shall be from 11:00 a.m. to 8:00 p.m., daily. 6. There shall be no amplified music associated with the Open-Air Market (food truck). 7. The operator shall maintain a valid Virginia Beach Fire Department Fire Prevention Bureau Inspection Sticker. 8. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ro° '2 �i T2ii4a,,tis, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTIONS 401, 501, 901, AND 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO SOLAR FACILITIES AS A CONDITIONAL AND ACCESSORY USE IN THE AGRICULTURAL, COMMERCIAL, AND INDUSTRIAL DISTRICTS. MEETING DATE: July 7, 2026 ■ Background: This text amendment updates the City Zoning Ordinance to comply with Virginia House Bill 711, which requires solar generating equipment to be permitted in agricultural, commercial, industrial, and institutional districts either by-right or through a special exception. The amendment adds solar facilities as a principal use permitted with a Conditional Use Permit (CUP) in the agricultural, business, and industrial districts. If adopted, this amendment would require all solar facilities to comply with the landscaping and setback requirements in the base district and any conditions attached to a CUP. This amendment also codifies a current interpretation, which permits solar generating equipment as an accessory structure and use. Accessory solar equipment must comply with existing height and setback requirements for accessory structures in their respective districts. ■ Considerations: The proposed amendment will bring the Zoning Ordinance into compliance with the Virginia State Code. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda by a recorded vote of 11-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ,- Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 401, 501, 901 2 AND 1001 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SOLAR FACILITIES AS A 4 CONDITIONAL AND ACCESSORY USE IN THE 5 AGRICULTURAL, RESIDENTIAL, COMMERCIAL AND 6 INDUSTRIAL DISTRICTS 7 8 Sections Amended: §§ 401, 501, 901 and 1001 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 401, 501, 901 and 1001 of the City Zoning Ordinance is hereby 17 amended and reordained to read as follows: 18 19 Sec. 401. Use regulations. 20 21 (a) Principal and conditional uses. The following chart lists those uses permitted within 22 the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 23 respective agricultural districts shall be permitted as either principal uses indicated 24 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 25 an "X" shall be prohibited in the respective districts. No uses or structures other 26 than as specified shall be permitted. 27 Use AG-1 AG-2 Small wireless facilities not placed on existing structures P P Solar facilities C C Storage and maintenance installations for public utilities C C 28 29 (b) Accessory uses and structures. Uses and structures which are customarily 30 accessory and clearly incidental and subordinate to principal uses and structures, 31 including but not limited to, an accessory activity operated for profit in a residential 32 dwelling unit where (i) there is no change in the outside appearance of the building or 33 premises or any visible or audible evidence detectable from outside the building lot, 34 either permanently or intermittently, of the conduct of such business except for one (1) 35 nonilluminated sign not more than one (1) square foot in area mounted flat against the 36 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 37 by such activity in greater volumes than would normally be expected in the 38 neighborhood, and any need for parking generated by the conduct of such activity is 39 met off the street and other than in a required front yard; (iii) the activity is conducted on 40 the premises which is the bona fide residence of the principal practitioner, and no 41 person other than members of the immediate family occupying such dwelling units is 42 employed in the activity; (iv) such activity is conducted only in the principal structure on 43 the lot; (v) there are no sales to the general public of products or merchandise from the 44 home, except for agricultural products, or agricultural-related products, incidental to an 45 agricultural operation on which the dwelling unit is located; and (vi) the activity is 46 specifically designed or conducted to permit no more than one (1) patron, customer, or 47 pupil to be present on the premises at any one time. Notwithstanding the provisions of 48 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 49 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 50 persons on the premises at any one time in connection with the performance of such 51 rites, provided that all other requirements of subdivision (b)(2) are met. Solar generatinq 52 equipment is permitted as an accessory structure on roofs or as a ground mounted 53 accessory structure when serving the property upon which such facilities are located 54 unless such property lies within a historic and cultural district. Ground mounted 55 accessory Solor Generating Equipment for a residential use shall not exceed 500 56 square feet of area or thirty (30) percent of the floor area of the principal structure 57 whichever is greater. The following are specifically prohibited as accessory activities: 58 Convalescent or nursing homes, tourist homes, massage or tattoo parlors, body 59 piercing establishments, radio or television repair shops, auto repair shops, or similar 60 establishments. Rental of rooms in a dwelling or the entire dwelling thirty (30) 61 consecutive days or more is an accessory use to the dwelling. 62 63 . . . . 64 65 Sec. 501. Use regulations. 66 67 (b) Accessory uses and structures. Uses and structures which are customarily 68 accessory and clearly incidental and subordinate to principal uses and structures 69 and where such accessory structures do not exceed the height of the principal 70 structure and, in all residential zoning districts, except for R-30 and R-40, do not 71 exceed five hundred (500) square feet of floor area or twenty (20) percent of the 72 floor area of the principal structure, whichever is greater. In the R-30 and R-40 73 residential zoning districts, accessory uses and structures shall not exceed thirty 74 (30) percent of the floor area of the principal structure. Such accessory uses and 75 structures include but are not limited to: 76 77 . . . . 78 79 (8) Solar generating equipment is permitted as an accessory structure on roofs or 80 as a ground mounted accessory structure when serving the property upon which 81 such facilities are located unless such property lies within a historic and cultural 82 district. 83 84 . . . . 85 86 Sec. 901. Use regulations. 87 88 (a) Principal and conditional uses. The following chart lists those uses permitted within 89 the B-1 through B-4K Business Districts. Those uses and structures in the 90 respective business districts shall be permitted as either principal uses indicated by 91 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 92 "X" shall be prohibited in the respective districts. No uses or structures other than 93 as specified shall be permitted. 94 Use B-1 B- B-2 B-3 B-4 B- B- 1A 4C 4K Specialty shops C P P P P P P Solar facilities C C C C C C C Storage garages X X P P P X X 95 96 (b) Accessory uses and structures. Uses and structures which are customarily 97 accessory and clearly incidental and subordinate to the principal uses and 98 structures, including, but not limited to: 99 100 . . . . 101 102 (4) Solar generating equipment is permitted as an accessory structure on roofs or 103 as a ground mounted accessory structure when serving the property upon which 104 such facilities are located unless such property lies within a historic and cultural 105 district. 106 107 . . . . 108 109 Sec. 1001. Use regulations. 110 111 (a) Principal and conditional uses. The following chart lists those uses permitted within 112 the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective 113 industrial districts shall be permitted as either principal uses indicated by a "P" or as 114 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall 115 be prohibited in the respective districts. No uses or structures other than as 116 specified shall be permitted. 117 Use 1-1 1-2 Small wireless facilities meeting the requirements of section P P 207 Solar facilities C C Solid waste management facilities X C 118 119 (b) Accessory uses and structures. Uses and structures which are customarily 120 accessory and clearly incidental and subordinate to the principal uses and 121 structures, including, but not limited to: 122 123 (1) An accessory activity operated for profit in a residential dwelling unit where 124 there is no change in the outside appearance of the building or premises or any 125 visible or audible evidence detectable from outside the building lot, either 126 permanently or intermittently, of the conduct of such business except for one 127 non-illuminated sign not more than one square foot in area mounted flat 128 against the residence; where no traffic is generated, including traffic by 129 commercial delivery vehicles, by such activity in greater volumes than would 130 normally be expected in the neighborhood, and any need for parking generated 131 by the conduct of such activity is met off the street and other than in a required 132 front yard; where the activity is conducted on the premises which is the bona 133 fide residence of the principal practitioner, and no person other than members 134 of the immediate family occupying such dwelling unit is employed in the 135 activity; where such activity is conducted only in the principal structure on the 136 lot; where there are no sales to the general public of products or merchandise 137 from the home; and where the activity is specifically designed or conducted to 138 permit no more than one patron, customer, or pupil to be present on the 139 premises at any one time. The following are specifically prohibited as 140 accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist 141 homes, massage or tattoo parlors, radio or television repair shops, auto repair 142 shops, or similar establishments. 143 144 (2) Solar generating equipment is permitted as an accessory structure on roofs or 145 as a ground mounted accessory structure when serving the property upon 146 which such facilities are located unless such property lies within a historic and 147 cultural district. 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 Department City Attorney's Office CA17232 R-3 June 2, 2026 Agenda Item 1 A•• of Planning Commission • • 1 2026 SolarOrdinance Amendment An ordinance to amend Sections 401, 501, 901, and 1001 of the City Zoning Ordinance pertaining to solar facilities as a conditional and accessory use in the agricultural, residential, commercial, and industrial districts. Summary of Request This text amendment updates the City Zoning Ordinance to comply with Virginia House Bill 711 from the 2026 General Assembly. House Bill 711 requires localities to permit solar generating equipment in agricultural, commercial, industrial, and institutional districts either by-right or through a special exception. This amendment codifies the current interpretation, which permits solar generating equipment as an accessory structure and use. Accessory solar equipment must comply with existing height and setback requirements for accessory structures in their respective districts.The amendment also now adds solar facilities as a principal use permitted with a conditional use permit (CUP) in the agricultural, business, and industrial districts. Due to the short timeline to adopt this ordinance to comply with HB 711, standard conditions are not included in this amendment. Staff will bring forth a subsequent amendment in the future to codify a set of standard conditions once we are more familiar with the land use impacts of a solar facility as a principal use. If adopted, this amendment requires a CUP for all solar facilities as a principal use; staff can recommend conditions as part of the CUP, even if the specific condition is not listed in the zoning ordinance. Recommendation Staff recommends approval of this ordinance. The proposed amendment will bring the Zoning Ordinance into compliance with the Virginia State Code. City of Virginia Beach Agenda Item 1 page 1 of 6 Ordinance 1 AN ORDINANCE TO AMEND SECTIONS 401, 501, 901 2 AND 1001 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SOLAR FACILITIES AS A 4 CONDITIONAL AND ACCESSORY USE IN THE 5 AGRICULTURAL, RESIDENTIAL, COMMERCIAL AND 6 INDUSTRIAL DISTRICTS 7 8 Sections Amended: §§ 401, 501, 901 and 1001 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 401, 501, 901 and 1001 of the City Zoning Ordinance is hereby 17 amended and reordained to read as follows: 18 19 Sec. 401. Use regulations. 20 21 (a) Principal and conditional uses. The following chart lists those uses permitted within 22 the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 23 respective agricultural districts shall be permitted as either principal uses indicated 24 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 25 an "X" shall be prohibited in the respective districts. No uses or structures other 26 than as specified shall be permitted. 27 Use AG-1 AG-2 Small wireless facilities not placed on existing structures P P Solar facilities C C Storage and maintenance installations for public utilities C C 28 29 (b) Accessory uses and structures. Uses and structures which are customarily 30 accessory and clearly incidental and subordinate to principal uses and structures, 31 including but not limited to, an accessory activity operated for profit in a residential 32 dwelling unit where (i) there is no change in the outside appearance of the building or 33 premises or any visible or audible evidence detectable from outside the building lot, 34 either permanently or intermittently, of the conduct of such business except for one (1) 35 nonilluminated sign not more than one (1) square foot in area mounted flat against the 36 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 37 by such activity in greater volumes than would normally be expected in the City of Virginia Beach Agenda Item 1 page 2 of 6 Ordinance 38 neighborhood, and any need for parking generated by the conduct of such activity is 39 met off the street and other than in a required front yard; (iii) the activity is conducted on 40 the premises which is the bona fide residence of the principal practitioner, and no 41 person other than members of the immediate family occupying such dwelling units is 42 employed in the activity; (iv) such activity is conducted only in the principal structure on 43 the lot; (v) there are no sales to the general public of products or merchandise from the 44 home, except for agricultural products, or agricultural-related products, incidental to an 45 agricultural operation on which the dwelling unit is located; and (vi) the activity is 46 specifically designed or conducted to permit no more than one (1) patron, customer, or 47 pupil to be present on the premises at any one time. Notwithstanding the provisions of 48 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 49 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 50 persons on the premises at any one time in connection with the performance of such 51 rites, provided that all other requirements of subdivision (b)(2) are met. Solar generating 52 equipment is permitted as an accessory structure on roofs or as a ground mounted 53 accessory structure when serving the property upon which such facilities are located 54 unless such property lies within a historic and cultural district. Ground mounted 55 accessory Solor Generating Equipment for a residential use shall not exceed 500 56 square feet of area or thirty (30) percent of the floor area of the principal structure, 57 whichever is greater. The following are specifically prohibited as accessory activities: 58 Convalescent or nursing homes, tourist homes, massage or tattoo parlors, body 59 piercing establishments, radio or television repair shops, auto repair shops, or similar 60 establishments. Rental of rooms in a dwelling or the entire dwelling thirty (30) 61 consecutive days or more is an accessory use to the dwelling. 62 63 . . . . 64 65 Sec. 501. Use regulations. 66 67 (b) Accessory uses and structures. Uses and structures which are customarily 68 accessory and clearly incidental and subordinate to principal uses and structures 69 and where such accessory structures do not exceed the height of the principal 70 structure and, in all residential zoning districts, except for R-30 and R-40, do not 71 exceed five hundred (500) square feet of floor area or twenty (20) percent of the 72 floor area of the principal structure, whichever is greater. In the R-30 and R-40 73 residential zoning districts, accessory uses and structures shall not exceed thirty 74 (30) percent of the floor area of the principal structure. Such accessory uses and 75 structures include but are not limited to: 76 77 . . . . 78 79 (8) Solar generating equipment is permitted as an accessory structure on roofs or 80 as a ground mounted accessory structure when serving the property upon which City of Virginia Beach Agenda Item 1 page 3 of 6 Ordinance 81 such facilities are located unless such property lies within a historic and cultural 82 district. 83 84 . . . . 85 86 Sec. 901. Use regulations. 87 88 (a) Principal and conditional uses. The following chart lists those uses permitted within 89 the B-1 through B-4K Business Districts. Those uses and structures in the 90 respective business districts shall be permitted as either principal uses indicated by 91 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 92 "X" shall be prohibited in the respective districts. No uses or structures other than 93 as specified shall be permitted. 94 Use B-1 B- B-2 B-3 B-4 B- B- 1A 4C 4K Specialty shops C P P P P P P Solar facilities C C C C C C C Storage garages X X P P P X X 95 96 (b) Accessory uses and structures. Uses and structures which are customarily 97 accessory and clearly incidental and subordinate to the principal uses and 98 structures, including, but not limited to: 99 100 . . . . 101 102 (4) Solar generating equipment is permitted as an accessory structure on roofs or 103 as a ground mounted accessory structure when serving the property upon which 104 such facilities are located unless such property lies within a historic and cultural 105 district. 106 107 . . . . 108 109 Sec. 1001. Use regulations. 110 111 (a) Principal and conditional uses. The following chart lists those uses permitted within 112 the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective 113 industrial districts shall be permitted as either principal uses indicated by a "P" or as 114 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall City of Virginia Beach Agenda Item 1 page 4 of 6 Ordinance 115 be prohibited in the respective districts. No uses or structures other than as 116 specified shall be permitted. 117 Use 1-1 1-2 Small wireless facilities meeting the requirements of section P P 207 Solar facilities C C Solid waste management facilities X C 118 119 (b) Accessory uses and structures. Uses and structures which are customarily 120 accessory and clearly incidental and subordinate to the principal uses and 121 structures, including, but not limited to: 122 123 (1) An accessory activity operated for profit in a residential dwelling unit where 124 there is no change in the outside appearance of the building or premises or any 125 visible or audible evidence detectable from outside the building lot, either 126 permanently or intermittently, of the conduct of such business except for one 127 non-illuminated sign not more than one square foot in area mounted flat 128 against the residence; where no traffic is generated, including traffic by 129 commercial delivery vehicles, by such activity in greater volumes than would 130 normally be expected in the neighborhood, and any need for parking generated 131 by the conduct of such activity is met off the street and other than in a required 132 front yard; where the activity is conducted on the premises which is the bona 133 fide residence of the principal practitioner, and no person other than members 134 of the immediate family occupying such dwelling unit is employed in the 135 activity; where such activity is conducted only in the principal structure on the 136 lot; where there are no sales to the general public of products or merchandise 137 from the home; and where the activity is specifically designed or conducted to 138 permit no more than one patron, customer, or pupil to be present on the 139 premises at any one time. The following are specifically prohibited as 140 accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist 141 homes, massage or tattoo parlors, radio or television repair shops, auto repair 142 shops, or similar establishments. 143 144 (2) Solar generating equipment is permitted as an accessory structure on roofs or 145 as a ground mounted accessory structure when serving the property upon 146 which such facilities are located unless such property lies within a historic and 147 cultural district. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2026. City of Virginia Beach Agenda Item 1 page 5 of 6 Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA17232 R-3 June 2, 2026 City of Virginia Beach Agenda Item 1 page 6 of 6 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #1 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next five items involve City ordinances,and we have asked Hannah Sabo to please present those. Ms. Sabo: Good afternoon, Hannah Sabo, Zoning Administrator. Item number one is an ordinance pertaining to solar facilities as a conditional and accessory use. This update is in response to House Bill 711, and it codifies an existing interpretation that permits accessory solar equipment and adds solar facilities as a principal use with a conditional use permit in the agricultural, business, and industrial districts. This change, as of the state code, now requires localities to permit solar facilities in those certain districts. Solar facilities would have to comply with all of the district screening and setback requirements of the base district, and then any conditions added to that conditional use permit. The amendment also codifies an existing interpretation that allows solar panels as accessory uses,accessory structures on a roof. They must meet the height requirements, and then ground-mounted equipment must comply with the accessory structures setback and size limitations for accessory structures. (The following dialogue reflects the discussion to approve the City ordinances 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,Commissioner Hippen. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the minutes as presented by Commissioner Camp, and twelve items known as agenda items:one,two, three, four, five, six,eight, fifteen, sixteen, seventeen, eighteen, and nineteen. Mr. Coston: Thank you. Do I have a motion to approve by consent the items as read? Ms. Hippen: So moved. Mr. Mauch: Second. Noting the modification to Agenda item number eight. Mr.Coston: Okay. It's moved by Commissioner Hippen and seconded by Commissioner Mauch. Are we ready for the question? Clerk: The vote is open. By a recorded vote of eleven to zero, with all aforementioned abstentions, all aforementioned minutes and items one, two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen have been recommended for approval by consent. Mr. Coston: Thank you. if you had an application on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either verbally, virtually, or in person, but you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X r�Nu 1y� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 207 OF THE CITY ZONING ORDINANCE PERTAINING TO BUILDING-MOUNTED ANTENNAS, SMALL WIRELESS FACILITIES, AND TEMPORARY COMMUNICATION TOWERS. MEETING DATE: July 7, 2026 ■ Background: This text amendment updates the City Zoning Ordinance to comply with Virginia House Bill 876, which restricts a locality's ability to regulate temporary support structures. A temporary support structure is a monopole or portable wireless communications facility used to provide wireless voice, data, or image transmission within a designated area. A temporary support structure does not have a permanent location on the ground, including the pouring of a concrete footing or the laying of a permanent foundation. This amendment updates Section 207 to permit temporary support structures if there is a demonstrated need for communication coverage during a temporary event, limited frequency or modulation testing, or an emergency. These temporary structures may be permitted for up to 180 days and extended for up to two years if the communication coverage need continues. ■ Considerations: The proposed amendment will bring the Zoning Ordinance into compliance with the Virginia State Code. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:��� 1 AN ORDINANCE TO AMEND SECTION 207 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO BUILDING-MOUNTED 4 ANTENNAS, SMALL WIRELESS FACILITIES 5 AND TEMPORARY COMMUNICATION 6 TOWERS 7 8 Section Amended: § 207 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 207 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 207. Building-mounted antennas, small wireless facilities and temporary 20 communication towers. 21 22 .... 23 24 (c) Special provisions for temporary communication towers. Temporary communication 25 towers meeting the requirements of this subsection shall be allowed as principal 26 uses where so provided by the regulations of the district in which they are located: 27 28 (1) Maximum height shall hundFed (100) f^e�Temporary communication 29 towers shall be permitted during one of the following events: 30 31 (i) Used in conjunction with an event permitted pursuant to City Code section 32 4-1 (special event permits 33 (ii) Frequency and modulation testing to evaluate system performance and the 34 need for additional wireless facility sites; 35 (iii) Supplementing communications coverage when a previously permitted 36 wireless facility has become involuntarily non-operational through an 37 accident or natural disaster; 38 (iv) A substantial increase in the communications needs of the locality due to 39 an emergency declared by the locality, Commonwealth, or federal 40 government; 41 (v) Any other reason deemed necessary and appropriate by the City Manager 42 or their designee. 43 44 (2) Maximum duration shall be} t"e�g^r of (0) five (5) days; (ii)where Used �� in 45 Gonin^ti^n with an even permii���u�y tG Gity rn��eG}i^n 4 1 /Sncn�i 46 e p sermi#c`�y eight�. 48) hours prier �er t^ T after Such event, or (iii) in 47 Gases of dec-taFed—er erg .cs resulting in the disablemeRt ^ofexisting 48 tolo^^mmi 4niGatiGR6.acTlttl ; h.- d iratinn of the—emeFgeREY, 180 days. 49 Requests for extensions must be made in writing prior to the expiration of the 50 approval period and may be granted for a period not to exceed two years 51 including the initial 180 day period; 52 53 (3) Temporary communication towers shall not have a permanent location on the 54 ground, including the pouring of a concrete footing or the laying of a permanent 55 foundation; 56 57 k34 (4) Minimum setback from any residential district or use, as measured to the 58 nearest lot line of such district or use, shall be two (2) times the height of the 59 tower or one hundred fifty (150) feet, whichever is greater; 60 61 {4} (5) No grading or removal of vegetation shall be permitted; 62 63 k5) (6) Noise from generators shall not exceed sixty-five A-weighted decibels (65 64 dBA) at a distance of twenty (20) feet from the noise source, 65 66 (6)7) No signage or lighting other than as may be required by law shall be allowed; 67 68 (8) Temporary support structures shall be removed at the cost of the owner and 69 the site restored to its previous condition within 48 hours of the end of the 70 approval period. 71 72 () A certification that the tower is capable of supporting the total anticipated 73 capacity of the tower, including all appurtenances, and a certification that all 74 equipment intended to be affixed to the proposed tower comply with all 75 applicable regulations promulgated by the Federal Communications 76 Commission pertaining to the emission of radio frequency radiation shall be 77 required prior to deployment of the tower. Such certifications shall be under 78 seal from a professional engineer licensed in Virginia; and 79 80 () No temporary communication tower shall be allowed east of Pacific Avenue 81 from 4th Street to 42nd Street. 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: lanning Department City Attorney's Office CA17232 R-1 May 19, 2026 ► • ► •• • Beach Planning • • - ' • 1 2026 Temporary An ordinance to amend Section 207 of the City Zoning Ordinance pertaining to building-mounted antennas, small wireless facilities, and temporary communication towers. Summary of Request This text amendment updates the City Zoning Ordinance to comply with Virginia House Bill 876 from the 2026 General Assembly. House Bill 876 restricts a locality's ability to regulate temporary support structures. A temporary support structure is a monopole or portable wireless communications facility used to provide wireless voice, data, or image transmission within a designated area. A temporary support structure does not have a permanent location on the ground, including the pouring of a concrete footing or the laying of a permanent foundation. This amendment updates Section 207 to permit temporary support structures if there is a demonstrated need for communication coverage for one of the following reasons: • Administering limited frequency and modulation testing to evaluate system performance and the need for additional wireless facility sites; • Supplementing communications coverage when a previously permitted wireless facility has become involuntarily non-operational through an accident or natural disaster; • A substantial increase in the communications needs of the locality due to an emergency declared by the locality, the Commonwealth, or the federal government; • A substantial increase in the communication needs of the businesses, residents, or visitors of the locality for a limited period of time due to a special event within the locality; or • Any other reason deemed necessary and appropriate by the locality These temporary structures may be permitted for up to 180 days and extended for up to two years if the communication coverage need continues. A temporary support structure shall be removed at the cost of the owner and the site restored to its previous condition within 48 hours of the end of the approval period. City of Virginia Beach Agenda Item 2 page 1 of 5 Recommendation Staff recommends approval of this ordinance. The proposed amendment brings the Zoning Ordinance into compliance with the Virginia State Code. City of Virginia Beach Agenda Item 2 page 2 of 5 Ordinance 1 AN ORDINANCE TO AMEND SECTION 207 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO BUILDING-MOUNTED 4 ANTENNAS, SMALL WIRELESS FACILITIES 5 AND TEMPORARY COMMUNICATION 6 TOWERS 7 8 Section Amended: § 207 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 207 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 207. Building-mounted antennas, small wireless facilities and temporary 20 communication towers. 21 22 .... 23 24 (c) Special provisions for temporary communication towers. Temporary communication 25 towers meeting the requirements of this subsection shall be allowed as principal 26 uses where so provided by the regulations of the district in which they are located: 27 28 (1) Maximum heightshall-be-oared (100)-feet—, Temporary communication 29 towers shall be permitted during one of the following events: 30 31 (i) Used in conjunction with an event permitted pursuant to City Code section 32 4-1 (special event permits); 33 (ii) Frequency and modulation testing to evaluate system performance and the 34 need for additional wireless facility sites; 35 (iii) Supplementing communications coverage when a previously permitted 36 wireless facility has become involuntarily non-operational through an 37 accident or natural disaster; 38 (iv) A substantial increase in the communications needs of the locality due to 39 an emergency declared by the locality, Commonwealth, or federal 40 government; 41 (v) Any other reason deemed necessary and appropriate by the City Manager 42 or their designee. 43 44 (2) Maximum duration shall be the-longer ^f (i) five (5) days; (ii) wheFe used 45 v Gt*eR-with an event permitted puFsuant to City Code seGtF nBrrT'1 (speeGiai } F City of Virginia each Agenda Item 2 page 3 of 5 Ordinance 46 event) feFty eight� \ hl UFS PFOOr to and afteF SUGh event; nr /iii\ in 47 of desaared e resultong—in he dim 'event of ext;;g 48 teleGE)MMuniGatiens fa es, the da;-atien of the emeFgeney; 180 days. 49 Requests for extensions must be made in writing prior to the expiration of the 50 approval period and may be granted for a period not to exceed two years, 51 including the initial 180 day period; 52 53 (3) Temporary communication towers shall not have a permanent location on the 54 ground, including the pouring of a concrete footing or the laving of a permanent 55 foundation; 56 57 {3} (4) Minimum setback from any residential district or use, as measured to the 58 nearest lot line of such district or use, shall be two (2) times the height of the 59 tower or one hundred fifty (150) feet, whichever is greater; 60 61 {4) (5) No grading or removal of vegetation shall be permitted; 62 63 k5} (6) Noise from generators shall not exceed sixty-five A-weighted decibels (65 64 dBA) at a distance of twenty (20) feet from the noise source; 65 66 (6) (7) No signage or lighting other than as may be required by law shall be allowed; 67 68 (8) Temporary support structures shall be removed at the cost of the owner and 69 the site restored to its previous condition within 48 hours of the end of the 70 approval period. 71 72 {7-}9) A certification that the tower is capable of supporting the total anticipated 73 capacity of the tower, including all appurtenances, and a certification that all 74 equipment intended to be affixed to the proposed tower comply with all 75 applicable regulations promulgated by the Federal Communications 76 Commission pertaining to the emission of radio frequency radiation shall be 77 required prior to deployment of the tower. Such certifications shall be under 78 seal from a professional engineer licensed in Virginia; and 79 80 (84 (10) No temporary communication tower shall be allowed east of Pacific Avenue 81 from 4th Street to 42nd Street. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorneys Office —lit'y—of Virginia\Beach_ Agenda Item 2 page 4 of 5 Ordinance CA17232 R-1 May 19, 2026 City of Virginia Beach Agenda Item 2 page 5 of 5 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #2 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Sabo: Item number two is an ordinance to amend Section 207 of the City's Zoning Ordinance pertaining to building mounted antennas, small wireless facilities, and temporary communication structures. This amendment is in response to House Bill 876, which provides very specific requirements and limitations for how a locality can regulate those temporary wireless structures. Temporary wireless structures provide wireless transmissions within a designated area. They do not have a permanent foundation. These temporary facilities are permitted during specific times when an increase in wireless coverage is needed,during a permitted special event,wireless testing outages, and then during an emergency. They are approved for 180 days initially, with an option to extend for up to two years. (The following dialogue reflects the discussion to approve the City ordinances 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,Commissioner Hippen. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the minutes as presented by Commissioner Camp, and twelve items known as agenda items: one,two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen. Mr. Coston: Thank you. Do I have a motion to approve by consent the items as read? Ms.Hippen: So moved. Mr. Mauch: Second. Noting the modification to Agenda item number eight. Mr.Coston: Okay. It's moved by Commissioner Hippen and seconded by Commissioner Mauch. Are we ready for the question? Clerk: The vote is open. By a recorded vote of eleven to zero, with all aforementioned abstentions, all aforementioned minutes and items one, two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application on the consent agenda,your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting either verbally,virtually, or in person, but you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch Ix ro� tea.s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 203 OF THE CITY ZONING ORDINANCE PERTAINING TO MINIMUM PARKING REQUIREMENTS FOR RESIDENTIAL AND MIXED USES MEETING DATE: July 7, 2026 ■ Background: This text amendment updates the City Zoning Ordinance to comply with Virginia House Bill 888, which limits how many parking spaces a locality can require for residential uses within one-half mile of a building or enhanced structure for boarding mass transit or public transportation, including Hampton Roads Transit (HRT) bus shelters. "Mass transit or public transportation" does not include school buses, microtransit, charter or sightseeing services, a vehicular ferry service that serves as a link in the highway network, or a human service agency or other client- restricted transportation. This ordinance updates the minimum on-site parking requirements for residential uses within one-half mile of a "mass transit or public transportation" building to the following: • one-half of one parking space per dwelling unit for multifamily or mixed-use residential development, and • one parking space per dwelling unit for one-family and two-family dwellings and townhouses. ■ Considerations: The proposed amendment will bring the Zoning Ordinance into compliance with the Virginia State Code. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. ■ Attachments: Staff Report Ordinance City of Virginia Beach Page 2 of 2 Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager./% 1 AN ORDINANCE TO AMEND SECTION 203 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO MINIMUM PARKING 4 REQUIREMENTS FOR RESIDENTIAL AND 5 MIXED USES 6 7 Section Amended: § 203 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 203 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 203. Off-street parking requirements. 19 20 (b) General standards. The following requirements shall apply to all off-street parking 21 spaces: 22 23 .... 24 25 (8) In the business, apartment and office districts the number of off-street 26 parking spaces shall not exceed the required number of parking required in 27 section 203(a) by more than fifty percent (50%). Fractions shall be rounded 28 up to the closest whole number. Such maximum parking requirements shall 29 not apply to uses in the business, apartment or office districts whose off- 30 street parking requirements are allocated within a parking structure; 31 32 .... 33 34 (11.1) Parking requirements in designated areas. The minimum parkinq 35 requirement will be as follows for residential uses within one-half mile of a 36 building or structure for boardinq a public transportation facility. Public 37 transportation facility includes passenger transportation on a fixed route by 38 rubber-tired, rail, or other surface conveyance providing shared-ride service 39 to the general public on a regular and continuing basis, including bus rapid 40 transit or other high-capacity transit service as identified by the Virginia 41 Department of Rail and Public Transportation. This does not include school 42 buses, microtransit, charter or sight-seeing services, a vehicular ferry 43 service that serves as a link in the highway network, or a human service 44 agency or other client-restricted transportation. 45 46 (a) Dwellings, multifamily or mixed use residential development: One half 47 (0.5) parking spaces per dwelling unit; 48 49 (b) Dwellings, one-family and two-family dwellings and townhouses: One (1) 50 parking space per dwelling unit. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /9,0" ,./ - d�7/_/4,, &ak�, Planning D partment City Attorney's Office CA17235 R-1 May 28, 2026 Agenda A•• of Planning Commission • • 1 2026 V_B_ Minimum Parking Requirements for Residential and Mixed Uses Ordinance Amendment An ordinance to amend Section 203 of the City Zoning Ordinance pertaining to minimum parking requirements for residential and mixed uses. Summary of . This text amendment updates the City Zoning Ordinance to comply with Virginia House Bill 888 from the 2026 General Assembly. House Bill 888 limits how many parking spaces a locality can require for residential uses within one-half mile of a building or enhanced structure where members of the general public board or disembark mass transit or public transportation, including Hampton Roads Transit (HRT) bus shelters. In this ordinance, "mass transit or public transportation" means passenger transportation on a fixed route by rubber- tired, rail, or other surface conveyance providing shared-ride service to the general public on a regular and continuing basis, including bus rapid transit or other high-capacity transit service as identified by the Virginia Department of Rail and Public Transportation. "Mass transit or public transportation" does not include school buses, microtransit, charter or sightseeing services, a vehicular ferry service that serves as a link in the highway network, or a human service agency or other client-restricted transportation. This ordinance updates the minimum on-site parking requirements for residential uses within one-half mile of a "mass transit or public transportation" building to the following: • one-half of one parking space per dwelling unit for multifamily or mixed-use residential development, and • one parking space per dwelling unit for one-family and two-family dwellings and townhouses. Section 203(8) sets the maximum number of off-street parking spaces for business, apartment, and office districts at 50% of the minimum required parking spaces. This amendment updates that requirement to clarify that the maximum parking limit is based on the parking requirements listed in section 203(a) and not based on this designated area reduction. Recommendation Staff recommends approval of this ordinance. The proposed amendment brings the Zoning Ordinance into compliance with the Virginia State Code. City of Virginia Beach4 Agenda Item 3 page 1 of 3 Ordinance 1 AN ORDINANCE TO AMEND SECTION 203 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO MINIMUM PARKING 4 REQUIREMENTS FOR RESIDENTIAL AND 5 MIXED USES 6 7 Section Amended: § 203 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA- 14 15 That Section 203 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 203. Off-street parking requirements. 19 20 (b) General standards. The following requirements shall apply to all off-street parking 21 spaces: 22 23 .... 24 25 (8) In the business, apartment and office districts the number of off-street 26 parking spaces shall not exceed the required number of parking required in 27 section 203(a) by more than fifty percent (50%). Fractions shall be rounded 28 up to the closest whole number. Such maximum parking requirements shall 29 not apply to uses in the business, apartment or office districts whose off- 30 street parking requirements are allocated within a parking structure; 31 32 .... 33 34 (11.1) Parking requirements in designated areas. The minimum parking 35 requirement will be as follows for residential uses within one-half mile of a 36 building or structure for boarding a public transportation facility. Public 37 transportation facility includes passenger transportation on a fixed route by 38 rubber-tired, rail, or other surface conveyance providing shared-ride service 39 to the general public on a regular and continuing basis, including bus rapid 40 transit or other high-capacity transit service as identified by the Virginia 41 Department of Rail and Public Transportation. This does not include school 42 buses, microtransit, charter or sight-seeing services, a vehicular ferry 43 service that serves as a link in the highway network, or a human service 44 agency or other client-restricted transportation. 45 City of Virginia Beach Agenda Item 3 page 2 of 3 Ordinance 46 (a) Dwellings, multifamily or mixed use residential development: One half 47 (0.5) parking spaces per dwelling unit; 48 49 (b) Dwellings, one-family and two-family dwellings and townhouses: One (1) 50 parking space per dwelling unit. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA17235 R-1 May 28, 2026 City of Virginia Beach Agenda Item 3 page 3 of 3 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #3 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Sabo: Item number three is an ordinance to amend Section 203 of the City's Zoning Ordinance, pertaining to minimum parking requirements for residential and mixed uses. This amendment is in response to House Bill 888 and adds a parking reduction option for residential uses within half a mile of a public transportation facility. The parking requirement would be 0.5 parking spaces per dwelling unit for multifamily or mixed-use development, and then one space per dwelling unit for one- and two-family, and then townhouses. (The following dialogue reflects the discussion to approve the City ordinances 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,Commissioner Hippen. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the minutes as presented by Commissioner Camp, and twelve items known as agenda items: one,two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen. Mr. Coston: Thank you. Do I have a motion to approve by consent the items as read? Ms. Hippen: So moved. Mr. Mauch: Second. Noting the modification to Agenda item number eight. Mr.Coston: Okay. It's moved by Commissioner Hippen and seconded by Commissioner Mauch. Are we ready for the question? Clerk: The vote is open. By a recorded vote of eleven to zero, with all aforementioned abstentions, all aforementioned minutes and items one, two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application on the consent agenda,your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting either verbally,virtually, or in person, but you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X NU 1 r ro° a Shg� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -AN ORDINANCE TO AMEND ARTICLE 5 OF THE CITY ZONING ORDINANCE PERTAINING TO USES AND DIMENSIONAL REQUIREMENTS IN THE R-2.5 RESIDENTIAL ZONING DISTRICT. MEETING DATE: July 7, 2026 ■ Background: This text amendment updates the City Zoning Ordinance to comply with Virginia House Bill 1212, which requires localities to adopt one zoning district that permits a single-family dwelling on a lot with a minimum lot area not exceeding 3,000 square feet and a lot width not exceeding 30 feet. This ordinance amendment proposes to permit single-family dwellings by right in the existing R-2.5 zoning district, which has a minimum lot area of 3,000 square feet and a minimum lot width of 30 feet. Additional dimensional requirements pertaining to setbacks and lot coverage specific to single-family dwellings within the R-2.5 zoning district are also proposed. ■ Considerations: The proposed amendment will bring the Zoning Ordinance into compliance with the Virginia State Code. There is no known opposition to this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 3 Submitting Department/Agency: Planning Department City Manager. p 1 AN ORDINANCE TO AMEND SECTIONS 501 AND 502 2 OF THE CITY ZONING ORDINANCE PERTAINING 3 USES AND DIMENSIONAL REQUIREMENTS IN THE R- 4 2.5 ZONING DISTRICT 5 6 Sections Amended: §§ 501 and 502 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 501 and 502 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 501. Use regulations. 18 19 (a) Principal and conditional uses. The following chart lists those uses permitted within 20 the R-40 through R-2.5 Residential Districts. Those uses and structures in the 21 respective residential districts shall be permitted as either principal uses indicated 22 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 23 an "X" shall be prohibited in the respective districts. No uses or structures other 24 than as specified shall be permitted. 25 Residential Districts Uses R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Dwellings, semidetached X X X X X X P P X X Dwellings, single-family P P P P P P P P P XP Family day-care homes C C C C C C C C C C 26 27 Sec. 502. Dimensional requirements. 28 29 The following chart lists the requirements within the R-40 through R-5S 30 Residential Districts for minimum lot area, width, yard spacing and maximum lot 31 coverage for single-family dwellings. 32 33 a For single famil dwellings: Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5 (1) 40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 3,000 Minimum lot area in square feet: (2) 24,000 24,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 3,000 Minimum lot area outside of water, marsh, or wetlands: (3) 125 100 100 100 80 75 50 50 50 30 Minimum lot width in feet: (4) 50 50 50 30 30 30 20 20 20 20 Minimum front yard setback in feet: (4.1) NA NA 30 NA NA NA NA NA NA NA Minimum front yard setback for lots fronting on the east side of Sandfiddler Road in feet: (5) 55 55 55 35 35 35 25 25 25 25 Minimum front yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance in feet: (6) 20 15 15 10 10 5 & 8 8 5 & 5 Except as 10 10 provided in subdivision (6.1), minimum side yard setback except when adjacent to a street in feet: (6.1) 5 5 5 5 5 5 5 5 5 5 Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (7) 30 30 30 30 30 30 18 18 15 15 Minimum side yard setback adjacent to a street in feet- (8) 35 35 35 35 35 35 23 23 20 20 Minimum side yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance in feet: (9) 20 20 20 20 20 20 20 20 20 20 Minimum rear yard setback except for accessory structures in feet: (10) 20 15 15 10 10 10 10 10 10 10 Except as provided in subdivision (10.1), minimum rear yard setback for accessory structures in feet: (10.1) 5 5 5 5 5 5 5 5 5 5 Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (11) NA NA NA NA NA NA NA 30 NA NA As an exception, the minimum setback in any yard adjacent to the public beach of the Atlantic Ocean for any structures, except in- ground swimming pools, shall be 30 feet in the R-5R District. For purpose of this section, "beach" shall include any bulkheaded area contiguous to, and any unimproved public right- of-way within, the sandy beach: (11.1) 20 20 20 20 20 20 20 20 20 20 Minimum setback on through lots for accessory structures that are physically located to the rear of the principal structure in feet: (12) 25 25 25 30 30 35 40 35 40 40 Maximum lot coverage inpercent: (13) NA NA NA NA NA NA NA 200% NA NA Maximum total of building floor area and area of garages greater than 500 square feet expressed as a percentage of maximum allowable lot coverage: (14) NA NA NA NA NA NA NA 60% NA NA Maximum area of impervious cover, as defined in 103 of the Chesapeake Bay Preservation Area Ordinance expressed as a percentage of the lot size: 34 35 . . . . 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: #Ia2l�ingDepartment Ci y Attorney's Office CA17233 R-2/June 2, 2026 Agenda Item 4 ` •• of Beach Planning Commission Public Hearing: June 10, 2026 V_B_ Small Lot ResidentialOrdinance Amendment • An ordinance to amend Article 5 of the City Zoning Ordinance pertaining to uses and dimensional requirements in the R-2.5 Residential zoning district. Summary of • This text amendment updates the City Zoning Ordinance to comply with Virginia House Bill 1212 from the 2026 General Assembly. House Bill 1212 requires localities to adopt one zoning district that permits a single-family dwelling on a lot with a minimum lot area not exceeding 3,000 square feet and a lot width not exceeding 30 feet. This ordinance amendment proposes to permit single-family dwellings by-right in the existing R-2.5 zoning district, which has a minimum lot area of 3,000 square feet and a minimum lot width of 30 feet. This district currently permits attached dwellings by-right, but not single-family dwellings. Recommendation Staff recommends approval of this ordinance. The proposed amendment brings the Zoning Ordinance into compliance with the Virginia State Code. City of Virginia Beach Agenda Item 4 page 1 of 8 Ordinance 1 AN ORDINANCE TO AMEND SECTIONS 501 AND 502 2 OF THE CITY ZONING ORDINANCE PERTAINING 3 USES AND DIMENSIONAL REQUIREMENTS IN THE R- 4 2.5 ZONING DISTRICT 5 6 Sections Amended: §§ 501 and 502 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 501 and 502 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 501. Use regulations. 18 19 (a) Principal and conditional uses. The following chart lists those uses permitted within 20 the R-40 through R-2.5 Residential Districts. Those uses and structures in the 21 respective residential districts shall be permitted as either principal uses indicated 22 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 23 an "X" shall be prohibited in the respective districts. No uses or structures other 24 than as specified shall be permitted. 25 Residential Districts Uses R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Dwellings, semidetached X X X X X X P P X X Dwellings, single-family P P P P P P P P P XP Family day-care homes C +C_ C C C C C C IC C 26 27 Sec. 502. Dimensional requirements. 28 29 The following chart lists the requirements within the R-40 through R-5S 30 Residential Districts for minimum lot area, width, yard spacing and maximum lot 31 coverage for single-family dwellings. 32 33 a For single famil dwellings: Residential Districts R-40 R-30 I R-20 R-15 R-10 R-7.5 I R-5D I R-5R I R-5S R-2.5 1 40,000 30,000 1 20,000 15,000 110,000 17,500 15,000 15,000 15,000 3,000 City ofVirginia Beach Agenda Item 4 page 2 of 8 Ordinance Minimum lot area in square feet: (2) 24,000 24,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 3,000 Minimum lot area outside of water, marsh, or wetlands: (3) 125 100 100 100 80 75 50 50 50 30 Minimum lot width in feet: (4) 50 50 50 30 30 30 20 20 20 20 Minimum front yard setback in feet: (4.1) NA NA 30 NA NA NA NA NA NA NA Minimum front yard setback for lots fronting on the east side of Sandfiddler Road in feet: (5) 55 55 55 35 35 35 25 25 25 25 Minimum front yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance in feet: (6) 20 15 15 10 10 5 & 8 8 5 & 5 Exce tas 10 10 City of Virginia Beach Agenda Item 4 page 3 of 8 Ordinance provided in subdivision (6.1), minimum side yard setback except when adjacent to a street in feet: (6.1) 5 5 5 5 5 5 5 5 5 5 Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (7) 30 30 30 30 30 30 18 18 15 15 Minimum side yard setback adjacent to a street in feet: (8) 35 35 35 35 35 35 23 23 20 20 Minimum side yard setback when adjacent to a 40-foot right-of-way created in accordance with section City of Virginia Beach Agenda Item 4 page 4 of 8 Ordinance 4.1(m) of the subdivision ordinance in feet: (9) 20 20 20 20 20 20 20 20 20 20 Minimum rear yard setback except for accessory structures in feet: (10) 20 15 15 10 10 10 10 10 10 10 Except as provided in subdivision (10.1), minimum rear yard setback for accessory structures in feet: (10.1) 5 5 5 5 5 5 5 5 5 5 Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (11) NA NA NA NA NA NA NA 30 NA NA As an exception, the City of Virginia Beach Agenda Item 4 page 5 of 8 Ordinance minimum setback in any yard adjacent to the public beach of the Atlantic Ocean for any structures, except in- ground swimming pools, shall be 30 feet in the R-5R District. For purpose of this section, "beach" shall include any bulkheaded area contiguous to, and any unimproved public right- of-way within, the sandy beach: (11.1) 20 20 20 20 20 20 20 20 20 20 Minimum setback on through lots for accessory structures that are physically located to the rear of the principal structure in City of Virginia Beach Agenda Item 4 page 6 of 8 Ordinance feet: (12) 25 25 25 30 30 35 40 35 40 40 Maximum lot coverage inpercent: (13) NA NA NA NA NA NA NA 200% NA NA Maximum total of building floor area and area of garages greater than 500 square feet expressed as a percentage of maximum allowable lot coverage: (14) NA NA NA NA NA NA NA 60% NA NA Maximum area of impervious cover, as defined in 103 of the Chesapeake Bay Preservation Area Ordinance expressed as a percentage of the lot size: 34 35 . . . . 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: City of Virginia Beach Agenda Item 4 page 7 of 8 Ordinance Planning Department City Attorney's Office CA17233 R-2/June 2, 2026 ity o Virginia Beach Agenda Item 4 page 8 of 8 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #4 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Sabo: Item number four is an ordinance to amend Article five of the City Zoning Ordinance pertaining to uses and dimensional requirements in the R-2.5 Zoning district. This amendment is in response to House Bill 1212, which required localities to have a district which permits single- family dwellings on lots no less than thirty feet wide and three thousand square feet. So, the existing residential district of R-2.5 already allows for lots of that size, and so this amendment would add the single-family dwellings as a by-right use to that district. For lots this small, the ordinance proposes a twenty-foot front setback, twenty-foot rear setback, and then five-foot side setback,with a maximum lot coverage of forty percent. That provides a 1,200 square foot building footprint on the first floor, and there are a couple of examples of homes on these size lots already within the city. (The following dialogue reflects the discussion to approve the City ordinances 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,Commissioner Hippen. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the minutes as presented by Commissioner Camp, and twelve items known as agenda items: one,two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen. Mr. Coston: Thank you. Do I have a motion to approve by consent the items as read? Ms.Hippen: So moved. Mr.Mauch: Second. Noting the modification to Agenda item number eight. Mr.Coston: Okay. It's moved by Commissioner Hippen and seconded by Commissioner Mauch. Are we ready for the question? Clerk: The vote is open. By a recorded vote of eleven to zero, with all aforementioned abstentions, all aforementioned minutes and items one, two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application on the consent agenda,your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either verbally,virtually, or in person, but you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X cy� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 105 OF THE CITY ZONING ORDINANCE PERTAINING TO NONCONFORMING MOBILE HOMES. MEETING DATE: July 7, 2026 ■ Background: This text amendment updates the City Zoning Ordinance to comply with Virginia House Bill 1463, which clarifies and updates the rights of valid nonconforming mobile homes. This proposed ordinance codifies the existing policy, which permits a mobile home to be placed on a lot within a valid nonconforming mobile or manufactured home park, regardless of whether a valid nonconforming mobile home is currently located on the individual lot. Further, this proposed ordinance permits a valid nonconforming mobile home, not located in a mobile or manufactured home park, to be replaced with a newer manufactured home, either single- or multi-section, that meets the current HUD Manufactured Housing Code, regardless of whether such mobile home has been occupied during the preceding two-year period. ■ Considerations: The proposed amendment will bring the Zoning Ordinance into compliance with the Virginia State Code. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 10, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Olt- City of Virginia Beach Page 2 of 2 City Manager:" 1 AN ORDINANCE TO AMEND SECTION 105 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NONCONFORMING 4 MOBILE HOMES 5 6 Section Amended: § 105 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 105 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 105. Nonconformity. 18 19 .... 20 21 (g) Location of uses and structures on lots not meeting minimum requirements. Any 22 conforming principal or accessory use, conditional use or conforming structure 23 housing such use may be enlarged, extended, constructed, located, or moved on 24 any lot created prior to the effective date of this ordinance regardless of the size 25 or dimensions of such lot, provided that other requirements of this ordinance are 26 met. However, in the case of any lot created or rezoned upon petition on behalf 27 of the property owner on or after the above date, only those uses and structures 28 shall be located on the lot for which the lot meets the minimum lot requirements 29 in the applicable zoning district except as provided in section 221 herein. Any lot 30 not meeting the applicable size or dimension requirements due to governmental 31 action taken on or after the effective date of this ordinance shall have the same 32 rights of development as before said governmental action took place. 33 34 (h) Nonconforming Mobile Homes. A land owner or home owner may place a mobile 35 home that meets the current HUD manufactured housing code upon any open lot 36 in a valid nonconforming mobile or manufactured home park regardless of 37 whether a valid nonconforming manufactured home is currently located on such 38 lot. In such mobile or manufactured home park, a single-section home may 39 replace a single-section home and a multi-section home may replace a multi- 40 section home. 41 42 A valid nonconforming mobile home not located in a mobile or manufacture home 43 park may be replaced with a newer manufactured home, either single- or multi- 44 section, that meets the current HUD manufactured housing code regardless of 45 whether such mobile home has been occupied during the preceding two-year 46 period. Any such replacement home shall retain the valid nonconforming status 47 of the prior home. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department C' y Attorney's Office CA17236 R-1 May 26, 2026 Agenda Item 5 A•• • Beach Planning ` ' • 1 2026 Nonconforming Mobile Homes Ordinance Amendment V_B' An ordinance to amend Section 105 of the City Zoning Ordinance pertaining to nonconforming mobile homes. Summary of • This text amendment updates the City Zoning Ordinance to comply with Virginia House Bill 1463 from the 2026 General Assembly. House Bill 1463 updates the nonconforming rights of valid nonconforming mobile homes. This proposed ordinance codifies the existing policy, which permits a mobile home to be placed on a lot within a valid nonconforming mobile or manufactured home park, regardless of whether a valid nonconforming mobile home is currently located on the individual lot. Further, this proposed ordinance permits a valid nonconforming mobile home, not located in a mobile or manufactured home park, to be replaced with a newer manufactured home, either single- or multi-section, that meets the current HUD Manufactured Housing Code, regardless of whether such mobile home has been occupied during the preceding two-year period. Recommendation Staff recommends approval of this ordinance. The proposed amendment brings the Zoning Ordinance into compliance with the Virginia State Code. City of Virginia Beach Agenda Item 5 page 1 of 3 Ordinance 1 AN ORDINANCE TO AMEND SECTION 105 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NONCONFORMING 4 MOBILE HOMES 5 6 Section Amended: § 105 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 - 14 That Section 105 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 105. Nonconformity. 18 19 .... 20 21 (g) Location of uses and structures on lots not meeting minimum requirements. Any 22 conforming principal or accessory use, conditional use or conforming structure 23 housing such use may be enlarged, extended, constructed, located, or moved on 24 any lot created prior to the effective date of this ordinance regardless of the size 25 or dimensions of such lot, provided that other requirements of this ordinance are 26 met. However, in the case of any lot created or rezoned upon petition on behalf 27 of the property owner on or after the above date, only those uses and structures 28 shall be located on the lot for which the lot meets the minimum lot requirements 29 in the applicable zoning district except as provided in section 221 herein. Any lot 30 not meeting the applicable size or dimension requirements due to governmental 31 action taken on or after the effective date of this ordinance shall have the same 32 rights of development as before said governmental action took place. 33 34 (h) Nonconforming Mobile Homes. A land owner or home owner may place a mobile 35 home that meets the current HUD manufactured housing code upon any open lot 36 in a valid nonconforming mobile or manufactured home park regardless of 37 whether a valid nonconforming manufactured home is currently located on such 38 lot. In such mobile or manufactured home park, a single-section home may 39 replace a single-section home and a multi-section home may replace a multi- 40 section home. 41 42 A valid nonconforminq mobile home not located in a mobile or manufacture home 43 park may be replaced with a newer manufactured home, either single- or multi- 44 section, that meets the current HUD manufactured housing code regardless of City of Virginia Beach Agenda Item 5 page 2 of 3 Ordinance 45 whether such mobile home has been occupied during the preceding two-year 46 period. Any such replacement home shall retain the valid nonconforming status 47 of the prior home. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA17236 R-1 May 26, 2026 \ City of Virginia Beach Agenda Item 5 page 3 of 3 Virginia Beach Planning Commission June 10, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #5 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Sabo: And my last item, item five, is an ordinance to amend Section 105 of the City Zoning Ordinance pertaining to nonconforming mobile homes. A mobile home is a one-family dwelling that has connections to outside systems for electrical and plumbing. It is designed to be transported after fabrication on its own wheels. For mobile homes within a mobile home park,this amendment codifies the existing interpretation that if a mobile home park is legally nonconforming, a mobile home can be placed on any of the lots, regardless of if that lot was vacant previously. And then, for mobile homes not within a mobile home park,this amendment says that a mobile home can be replaced with a more modern or current mobile home, regardless of occupancy during the preceding two-year period. Ms. Byler: Thank you,Zoning Administrator Sabo. Is there any opposition to these items being added to the consent agenda? (The following dialogue reflects the discussion to approve the City ordinances 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,Commissioner Hippen. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the minutes as presented by Commissioner Camp, and twelve items known as agenda items: one,two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen. Mr. Coston: Thank you. Do I have a motion to approve by consent the items as read? Ms. Hippen: So moved. Mr.Mauch: Second. Noting the modification to Agenda item number eight. Mr.Coston: Okay. It's moved by Commissioner Hippen and seconded by Commissioner Mauch. Are we ready for the question? Clerk: The vote is open. By a recorded vote of eleven to zero, with all aforementioned abstentions, all aforementioned minutes and items one, two, three, four, five, six, eight, fifteen, sixteen, seventeen, eighteen, and nineteen have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application on the consent agenda,your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either verbally,virtually, or in person, but you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • DEFERRED COMPENSATION BOARD • GREEN RIBBON COMMITTEE • HISTORIC PRESERVATION COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. 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 July 7, 2026. J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S I3 H S S E C U O S DATE:06/16/2026 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 COUNCIUS BRIEFINGS A. VIRGINIA BEACH NATIONAL GOLF Emily Archer,Acting COURSE UPDATE Director—Economic Development B. INTERFACILITY TRAFFIC AREA PLAN Kathy Warren,Director UPDATE -Planning Clay Dills,Owner Dills Architects ll.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 A A Y Y Y Y Y Y Y Y Y A.-F. G. MINUTES 9-0 A A Y Y Y Y Y Y Y Y Y INFORMAL and FORMAL SESSIONS— APPROVED June 2,2026 SPECIAL FORMAL SESSION— APPROVED 8-0 A A Y Y Y A Y Y Y Y Y June 9,2026 B S T A I N E D H. PUBLIC HEARINGS 1. MODIFY BOUNDARY OF SPECIAL NO SPEAKERS SERVICE DISTRICT(SSD) Old Donation Neighborhood Dredging 2. ACQUISITION,BY AGREEMENT OR NO SPEAKERS CONDEMNATION Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program(HSIP)Project CIP 100423.025 J.1. Ordinance to AMEND the FY2026-27 Capital ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y Improvement Program(CIP)for Stormwater re CONSENT Chatham Hall Water Quality Improvement, CIP 100566 and Southern Rivers Watershed II,CIP 100720 J.2. Resolution to RENEW permits to ALLOW ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y certain Emergency Medical Services(EMS) CONSENT agencies to operate in the City re American Medical Response Mid-Atlantic,Inc.; Children's Hospital of the King's Daughters;Lifecare Medical Transports, Inc.;MB Solutions,LLC;Nightingale Regional Air Ambulance;Reliance Medical Transport;Robbie's Ambulance Service, Inc.;Special Event Providers of Emergency Medicine,Inc.;and Tidewater Medical Transport,Inc. J CITY OF VIRGINIA BEACH A R SUMMAR Y OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:06/16/2026 PAGE: 2 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 J.3. Ordinance to ENDORSE a Proposed Tourism ADOPTED 9-0 A A Y Y Y Y Y Y Y Y Y Project and AUTHORIZE other actions consistent with the State Tourism Gap Financing Program re Hotel Indigo J.4. Ordinance to GRANT a Franchise Agreement ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y to Pinky's LLC re pedal cab taxi service in CONSENT the Resort Area J.5. Ordinance to RE-ADOPT the Policy re ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y remote participation by City Council CONSENT Members in Council Meetings J.6. Ordinance to APPOINT three(3)viewers for ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y one-year terms beginning July 1,2026 re view CONSENT each street or alley proposed to be closed J.7. Ordinance to EXTEND the date for satisfying ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y the conditions in the matter of Starling BESS CONSENT Energy,LLC re closure of approximately 29,601 square feet of an improved right-of- way known as Windy Willow Court J.8. Ordinance to AUTHORIZE the Virginia ADOPTED,AS 9-0 A A Y Y Y Y Y Y Y Y Y Beach Development Authority(VBDA)to AMENDED,BY utilize up to$1.9-Million of existing CONSENT appropriations within CIP 100059,"Resort Parking District"to fund the pre-development phase re development of a structured public parking facility at 19"Street and Parks Avenue J.9. Ordinance to AUTHORIZE temporary ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y encroachment into City-owned property known CONSENT as Treasure Canal at the rear of 2204 Windward Shore Drive re maintain an existing vinyl bulkhead,a return wall, wharf,overhead beam boatlift with four(4) piles and electrical cable and to construct and maintain a PWC lift,PWC electrical cable,gangway,floating dock,open-sided timber framed asphalt shingle roof and four (4)additional support piles DISTRICT 8 J.10. Ordinance to AUTHORIZE temporary ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as Bass Inlet,a/k/a Mill Pond and Mill Creek,and into a City-owned 5-foot drainage and utility easement at 344 Back Bay Crescent re maintain an existing vinyl bulkhead with returns and concrete patio, and to construct and maintain a timber floating pier,two(2)personal watercraft floats,aluminum gangway,timber pier,4- timber pile aluminum boat lift,timber open- sided roof structure and two(2)personal watercraft lifts DISTRICT 2 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:06/16/2026 PAGE: 3 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 J.11. Ordinance to APPROPRIATE$240,000 from ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y the sale of equipment to Capital Project CONSENT #100175,"Fire Apparatus IV"within the FY2025-26 Capital Improvement Program (CIP)re fund future fire apparatus J.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y $1.75-Million from the Commonwealth CONSENT Opportunity Fund(COF)to the Virginia Beach Development Authority(VBDA)re award for the Acoustical Sheetmetal Company project J.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 A A Y Y y Y y Y Y Y Y $1,497,300 from the Commonwealth CONSENT Opportunity Fund(COF)to the Virginia Beach Development Authority(VBDA)re award for ZIM American Integrated Shipping Company project J.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y funds totaling$429,709.60 from the Virginia CONSENT Opioid Abatement Authority(VOAA)to the Health Department Operating Budget ($229,209.60)re contract two(2)Community Engagement Specialists to oversee a Teen-to- Teen social media campaign and provide outreach;Police Department Operating Budget ($30,000)re implement the Law Enforcement Against Drugs program within Virginia Beach City Public Schools(VBCPS) to provide drug education and prevention activities throughout the community;Human Services Operating Budget($100,500)re continued full-time Certified Peer Support Specialist FTE to work with youth with substance use disorders to include operating expenses;and Virginia Beach City Public Schools Operating Budget(VBCPS)($70,000) re purchase an online evidence-based curriculum to provide proactive education as well as intervention when students have a substance-use related offense J.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y $18,714 from the Department of Criminal CONSENT Justice Services through the Edward Byrne Justice Assistance Grant(JAG)Program to the FY2026-27 Police Department Operating Budget re law enforcement equipment J.16. Ordinance to TRANSFER$803,063 from ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y vacancy savings in the General Fund to the CONSENT FY2025-26 Voter Registration and Elections Operating Budget re operational expenses for the August 4,2026,primary elections J.17. Ordinance to TRANSFER$350,000 within the ADOPTED,BY 9-0 A A Y Y Y Y Y Y Y Y Y Department of Emergency Medical Services CONSENT (EMS)from the EMS Cost Recovery Fund to the FY2025-26 Department of Emergency Medical Services(EMS)Operating Budget re personnel expenses 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:06/16/2026 PAGE: 4 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.1. KELCO,INCORPORATED for a Variance APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y to Section 4.4(b)of the Subdivision CONDITIONED,BY Regulations re subdivide existing parcel to CONSENT construct a single-family dwelling at a parcel West of Holland Road,230 feet North of Princess Anne Road DISTRICT 2 K.2. BHC,LLC/PHILIP D.SEAFORD for a APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y Variance to Section 4.4(b)(c)(1)of the CONDITIONED,BY Subdivision Regulations re subdivide two(2) CONSENT existing parcels into five(5)residential lots to construct five(5)single-family dwellings at 313 Gatewood Avenue DISTRICT 3 K.3. DS INVESTORS,INC.A VIRGINIA APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y CORPORATION for a Variance to Section CONDITIONED,BY 4.4(c)(1)ofthe Subdivision Regulations re CONSENT resubdivide existing parcel to create two(2) single-family lots at 845 Kennedy Avenue DISTRICT 5 K4. WINNER'S PROPERTIES,LLC/ APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y WINNER'S PROPERTIES,LLC& MODIFIED/ EVERGREEN VIRGINIA,LLC for a CONDITIONED,BY Modification of Conditions to a Conditional CONSENT Use Permit re motor vehicle sales,service and rentals at 3700&3736 Sentara Way DISTRICT 3 K.S. SMF CORPORATE STORES,LLC/ APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y HILLTOP SQUARE INVESTORS,LLC for MODIFIED/ a Modification of Conditions to a Conditional CONDITIONED,BY Use Permit re tattoo parlor at 550 First CONSENT Colonial Road,Suite 23C DISTRICT 6 KA VIRGINIA ELECTRIC AND POWER APPROVED/ 8-0 A A Y Y Y Y Y Y Y Y A COMPANY for a Modification of Conditions MODIFIED/ B to a Conditional Use Permit re expand existing CONDITIONED,BY S Dominion substation at 568 North Lynnhaven CONSENT T Road DISTRICT 8 A I N E D K.7. HOLLY VEBER/DANIEL F.& APPROVED/ 9-0 A A Y Y Y v Y Y Y Y Y MARILYN F.VEBER for a Conditional Use CONDITIONED,BY Permit re assembly use at 1501 Gum Bridge CONSENT Road DISTRICT 2 K.8. APRIL A.SMITH/GREGORY S.SMITH APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y &APRIL A.SMITH for a Conditional Use CONDITIONED,BY Permit re family day-care home at 2288 CONSENT Sandy Woods Lane DISTRICT 5 K.9. DEBBIES DAYCARE LLC/DEBORAH R. APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y NORTON for a Conditional Use Permit re CONDITIONED,BY family day-care home at 757 Hilltop Road CONSENT DISTRICT 6 K.10. FIRST COLONIAL DEVELOPMENT, APPROVED/ 9-0 A A Y Y Y Y Y Y Y Y Y LLC for a Conditional Use Permit re low- CONDITIONED,BY speed motor vehicle sales and rental at 601 CONSENT Nevan Road DISTRICT 6 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:06/16/2026 PAGE: 5 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.11. SUSAN E.BLACK MERGED TRUST for a APPROVED/ 9-0 n Y Y Y Y Y Y Y Y Y Conditional Use Permit re short term rental at CONDITIONED,BY 4005 Atlantic Avenue,Unit 104 DISTRICT 6 CONSENT K.12. Ordinance to AMEND City Code Section 33- APPROVED,BY A Y Y Y Y Y Y Y Y Y 19 re hauling of sand,gravel,topsoil,fill or CONSENT other excavated material off an excavation site K.13. Ordinance to AMEND City Code Section 7.1 APPROVED,BY 9-() n n Y Y Y Y Y Y Y Y Y of the Subdivision Regulations re plans and CONSENT specifications for general improvements K.14. Ordinance to AMEND City Code Section 4 of APPROVED,BY 9-0 Y Y Y Y Y Y Y Y the Site Plan Ordinance(Appendix C)re CONSENT information required on site development plan K,15. Ordinance to AMEND City Code Chapter 19 APPROVED,BY 9-0 A A Y Y Y Y Y Y Y Y Y re mobile homes CONSENT K.16. Ordinance to AMEND City Code Section 5.9 APPROVED,BY 9-n A A Y Y Y Y Y Y Y Y Y (Appendix D)of the Erosion and Stormwater CONSENT Management re construction general permit fees APPOINTMENTS RESCHEDULED 1' C O N S E N S U S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION Appointed: 9-0 A A Y Y Y Y Y Y Y Y Y Kimberly Hammer 4 Year Term 8/l/2026-7/31/2030 CLEAN COMMUNITY COMMISSION Appointed: 9-0 A A Y Y Y Y Y Y Y Y Y Aleiha Graves— Representing High School Student I Year Term 7/1/2026—6/30/2027 COMMUNITY ORGANIZATION GRANT Appointed: 9-0 A Y Y Y Y Y Y Y Y Y REVIEW&ALLOCATION COMMITTEE Stephen Rockefeller— Representing Citizen Member Unexpired thru 8/31/2026 +3 Year Term 9/l/2026—8/31/2029 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:06/16/2026 PAGE: 6 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 FLOOD PREVENTION BOND Appointed: 9-0 A A Y Y Y Y Y Y Y Y Y REFERENDUM OVERSIGHT BOARD Sophia Richardson— Representing High School Student 1 Year Term 7/1/2026—6/30/2027 HUMAN RIGHTS COMMISSION Appointed: 9-o A A Y v Y Y Y Y Y Y Y Liam Whitehead— Representing High School Student 1 Year Term 7/l/2026—6/30/2027 Quynh N.Cao— Representing High School Student 1 Year Term 7/l/2026—6/30/2027 PARKS AND RECREATION COMMISSION Appointed: A Y Y Y Y Y Y Y Y Alexander Moore— Representing High School Student I Year Term 7/1/2026—6/30/2027 PUBLIC LIBRARY BOARD Appointed: 94) A A Y Y Y Y Y Y Y Y Y Randall Nied— Representing High School Student 1 Year Term 7/1/2026—6/30/2027 RESORT ADVISORY COMMISSION Appointed: 9-0 A A Y Y Y Y Y Y Y Daniella Andrades- Representing High School Student 1 Year Term 7/1/2026—6/30/2027 Izabela Thompson— Representing High School Student I Year Term 7/1/2026—6/30/2027 TIDEWATER COMMUNITY COLLEGE Appointed: s-0 A A Y Y Y Y Y Y A Y 1' BOARD Dr.Tamika B Singletary-Johnson— S City Representative T 4 Year Term A 7/1/2026—6/30/2030 1 N E D TRANSITION AREA/INTERFACILITY Appointed: u A A Y Y Y Y Y Y Y Y 1' TRAFFIC AREA CITIZENS ADVISORY Ryan Blake— COMMITTEE Representing High School Student I Year Term 7/l/2026—6/30/2027 VIRGINIA BEACH TOWING ADVISORY Appointed: Y Y Y BOARD Parkerson Hague— Representing Citizen Representative 3 Year Term 6/16/2026—5/31/2029 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 6:29 P.M.