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HomeMy WebLinkAbout9-1-2026 FORMAL SESSION AGENDA City of"COMMUNITY FOR A LIFETIME ti1ti4G � Bc'�• Virginia Beach �F BUR NAS��N City Council Agenda September 1, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. ZERO WASTE AWARENESS WEEK SOCIAL MEDIA CAMPAIGN 3:30 P.M. Terry Ann Stevens, Chuir—Virginia Beach Clean Community Commission Kristi Rines, Media & Communications Coordinator, Public Works (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Cummings, Hutcheson, Remick, Rouse, and Schulman) II. CITY COUNCIL LIAISON REPORTS 4:00 P.M. III. CITY COUNCIL DISCUSSION / INITIATIVES/COMMENTS 4:15 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:30 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:45 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—August 11, 2026 2. INFORMAL and FORMAL SESSIONS —August 18, 2026 3. SPECIAL FORMAL SESSION —August 25, 2026 H. MAYOR'S PRESENTATION 1. VIRGINIA BEACH CLEAN COMMUNITY COMMISSION — PROGRAM ANNOUNCEMENT Terry Ann Stevens, VBCCC Chair Kristi Rines, Media and Communications Coordinator— Public Works I. PUBLIC HEARING 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 31.98 acres at 4469 Charity Neck Road J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four (4) years and ten (10) months at Virginia Beach Farmers Market, Building 1, space 10 and the Guard House re TFK Deli LLC 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four (4) years and ten (10) months at Virginia Beach Farmers Market, Building 8, spaces 23 & 24 re Wild Works of Whimsy, LLC (d/b/a Southern Branch Nursery) 3. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce, located at the rear of 4300 Ben Gunn Road re maintain an existing block bulkhead, construct and maintain a timber pier and vinyl bulkhead DISTRICT 9 4. Ordinance to CARRY FORWARD and APPROPRIATE $3,452,091 into the FY 2026-27 Operating Budget re purposes previously approved in FY 2025-26 5. Ordinance to AUTHORIZE $53,870 from the General Fund Reserve for Contingencies to the Non-Departmental Section FY 2026-27 Operating Budget re award a grant to the Great Neck Athletic Association for the Virginia Beach Youth Tackle Football League (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Cummings and Jackson-Green) 6. Resolution to APPROVE the FY-2027 Performance Contract with the Commonwealth of Virginia and ACCEPT and APPROPRIATE $262,235 from the Virginia Department of Behavioral Health and Development Services to the FY 2026-27 Human Services Operating Budget re Mental Health, Developmental and Substance Use Disorder 7. Ordinance to AMEND the Virginia Beach City Public Schools FY 2026-27 Operating Budget and Capital Improvement Plan (Requested by School Board) 8. Ordinance to ACCEPT and APPROPRIATE $5-MILLION in pass-through revenue from the Commonwealth to the City of Virginia Beach Development Authority re contribution to the Atlantic Park Development Project and DIRECT the City Manager to ENTER into a Memorandum of Understanding (MOU) with the Secretary of Commerce and Trade for the Commonwealth L. PLANNING 1. THE CHURCH IN VIRGINIA BEACH for a Modification of Conditions to Conditional Use Permit re religious use at 5263 Greenwich Road DISTRICT 1 RECOMMENDATION: APPROVAL 2. STEPHANIE L. MARTIR-HOUCK for a Modification of Conditions to a Subdivision Variance re construct an addition to the existing single-family home at 4121 Charity Neck Road DISTRICT 2 RECOMMENDATION: APPROVAL 3. SHAKILAH VERNER for a Conditional Change in Zoning from R-7.5 Residential to Conditional District A-12 Apartment District re construct a duplex at 4916 Euclid Road DISTRICT 4 RECOMMENDATION: APPROVAL 4. UNIQUE HEARTS, LLC/ VB IBC GROUP, LLC & CPG INDEPENDENCE LLC for a Conditional Use Permit re adult daycare at 408 Investors Place, Suite 107 DISTRICT 3 RECOMMENDATION: APPROVAL 5. CASA DE NUEVOS COMIENZOS / TRC CENTER LLC for a Conditional Use Permit re religious use at 230 Clearfield Avenue, Suite 103 DISTRICT 4 RECOMMENDATION: APPROVAL 6. PAMELA HINTON /TINY ROOT LEARNING CENTER, LLC / CONNEMARA ASSOCIATES, LLC for a Conditional Use Permit re childcare education facility at 1543 Amberley Forest Road DISTRICT 10 RECOMMENDATION: APPROVAL 7. Ordinance to AMEND City Zoning Ordinance (CZO) Section 2303 re short term rental parking requirements (Deferred from August 11, 2026) RECOMMENDATION: APPROVAL 8. Ordinance to AMEND City Zoning Ordinance (CZO) Section 241.2 re short term rentals RECOMMENDATION: APPROVAL 9. Ordinance to AMEND the Official Zoning Map by designation and reduction of property located in the Oceanfront Resort Short Term Rental Overlay District RECOMMENDATION: APPROVAL M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • GREEN RIBBON COMMITTEE • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • PUBLIC LIBRARY BOARD • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • WETLANDS BOARD N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT VII. PUBLIC COMMENT/OPEN DIALOGUE 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 ITEM Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the https://vbgov.webex.com/weblink/register/rc7ae747e11024405fe5b25729ddd67b6 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 1, 2026. City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson District 5 rcwilson@VBgov.com 1 757-713-3616 District 1: David Hutcheson I dhutcheson@VBgov.com 1 757-651-7641 District 2: Barbara M. Henley I bhenley@VBgov.com 1 757-426-7501 District 3: Michael F. Berlucchi I mberlucc@VBgov.com 1 757-407-5105 District 4: Dr. Amelia N. Ross-Hammond I arosshammond(a@VBgov.com 1 757-840-0735 District 6: Robert W. "Worth" Remick I wremick@VBgov.com 1 757-840-5855 District 7: Cal "Cash" Jackson-Green I ciacksongreen@VBgov.com 1 757-629-8792 District 8: Stacy Cummings I stcummings@VBgov.com 1 757-629-8691 District 9:Joashua F. "Joash" Schulman I ichulman@VBgov.com 1 757-840-1291 District 10: Jennifer Rouse I ivrouse@VBgov.com 1 757-840-1821 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney I City Manager Amanda Barnes I City Clerk Mark D. Stiles I City Attorney Sue Cunningham I City Real Estate Assessor Lyndon S. Remias I City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach,VA 23456 Phone: 757-385-4303 1 Fax:757-385-5669 1. CITY COUNCIL'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. ZERO WASTE AWARENESS WEEK SOCIAL MEDIA CAMPAIGN 3:30 P.M. Terry Ann Stevens, Chair—Virginia Beach Clean Community Commission Kristi Rines, Media & Communications Coordinator, Public Works (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Cummings, Hutcheson, Remick, Rouse, and Schulman) II. CITY COUNCIL LIAISON REPORTS 4:00 P.M. III. CITY COUNCIL DISCUSSION / INITIATIVES/COMMENTS 4:15 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:30 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:45 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—August 11, 2026 2. INFORMAL and FORMAL SESSIONS —August 18, 2026 3. SPECIAL FORMAL SESSION —August 25, 2026 H. MAYOR'S PRESENTATION 1. VIRGINIA BEACH CLEAN COMMUNITY COMMISSION — PROGRAM ANNOUNCEMENT Terry Ann Stevens, VBCCC Chair Kristi Rines, Media and Communications Coordinator— Public Works I. PUBLIC HEARING 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 31.98 acres at 4469 Charity Neck Road NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH,VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach,Virginia, will hold a public hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 31.98 acres of land located at 4469 Charity Neck Road(GPIN:2410-46- 9904), in the City of Virginia Beach, Virginia, pursuant to Ordinance No.95-2319,as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City. Such easements will be purchased pursuant to Installment Purchase Agreement for an estimated maximum purchase price of$473,304.The public hearing,which may be continued or adjourned,will be held by the City Council on Tuesday.September 1.2026,at 6:00 p.m.,in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. If you are physically disabled or visually impaired and need assistance atthis meeting,please call the City Clerk's Office at 385-4303;hearing impaired call 711. 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 September 1,2026. 2. Download WebEx and view the meeting at: httt)S7//vbgov.webex.com/weblink/reeister/r c7ae747e11024405fe5b25729ddd67b6 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 16,2026&AUGUST 23,2026 r�yRS'�U�'CH Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Melvin H. Eaton, II (31.98+/- Acres); 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $473,304; and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: September 1, 2026 MEETING DATE: September 15, 2026 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon four (4) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e. value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City, s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of one (1) parcel having approximately 31.98 acres outside of marshland and swampland, is owned by Melvin H. Eaton, II. The parcel is located at 4469 Charity Neck Road (GPIN: 2410-46-9904) (the "Property") and is shown on the attached Location Map. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, of which one (1) building site is being reserved due to the second residential dwelling on the Property. The proposed purchase price, as stated in the ordinance, is $473,304. This price is the equivalent of approximately $14,800 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.927% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.927% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. Matching funds through the Virginia Department of Forestry may be available for reimbursement of a portion of this purchase. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised twice by publication in a newspaper having general circulation in the City, with the first notice appearing no more than twenty-eight days before the hearing and the second notice appearing no less than seven days before the hearing (August 16, 2026, and August 23, 2026). The Public Hearing will be held on September 1, 2026. Public notice will also be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: `V 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM MELVIN H. EATON, II (31.98+/- 4 ACRES); 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF$473,304;AND 3)TRANSFER 7 OF FUNDS TO PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $473,304; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions ofthe 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 4.927% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 6.927% unless the approval of the City Council by 39 resolution duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter of 58 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 59 indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby authorizes the transfer of $473,304 from the 62 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 63 City Manager is empowered to transfer sufficient additional funds or return funds not 64 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 65 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 66 Treasury STRIPS as described in the Installment Purchase Agreement. 67 68 Adoption requires an affirmative vote of a majority of all members of the City Council. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 71 , 2026. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: u� Agriculture Department Yudget and anagement Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OFF DS: Director of Finance City Attorney's Office CA17180 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2024-173 SUMMARY OF TERMS SELLER: Melvin H. Eaton, II PROPERTY: 4469 Charity Neck Road(GPIN: 2410-46-9904) PURCHASE PRICE: $473,304.00 EASEMENT AREA: 31.98 acres,more or less DEVELOPMENT POTENTIAL: Three (3) single-family building sites (1 reserved by Seller for a second residential dwelling on the property) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.927%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.927%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1)year following execution and delivery of the IPA. Melvin H . Eaton 4469 Charity Neck Road G P I N: 2410-46-9904 Aerial Map AL 0 2410-4 -9904 Y z 'i �0 -C ;� yt Nanney'S Creek Road Disclosure VB VIRGINIA BEACH Statement The disclosures contained In this form are necessary to inform public officials who may vote on the opplicotion 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, hoards, commissions, or other bodies. SECTIONAPPLICANTDISCLOSURE APPLICANT INFORMATION Applicant Name: as lister/on application i .�U 1 N 1! Q O iZs Is Applicant also the Owner of the subject property? Yeso Noo if no, Property Owner must complete.SECTION Z:PROI'_RTY OWNER DISCLOSURE(page 3), Does Applicant have a Representative? YesO No If yes, name Representative: Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? YesQNoi/ if yes, list the names of ail officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity d relationship with the applicant. (Attach list if necessary.) Em ut�G�`Ci'1, /hi �''��Guiti : IJ0iv_-A' �V-I AI,(� rUyr 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 t fe subject land or any proposed development contingent on the subject public action? Yeso Not if yes,mane 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 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O V►� Architect/Designer/Landscape O Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent 0 Legal Services 0 APPLICANT CERTIFICATION READ;I certify that all information contained in this Form is complete,true,and 9ccurate.I understand that, upon receipt of notification that the application has been scheduled for public �n , I am responsible for updating the information provided herein three weeks prior to the meetin o Plan Ing Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee In o nectio with this application. Applicant Name(Print) W_ ant ature Date 1 "Parent-subsidiary relationship"means "a relationsh that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation,"See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): - L Staff Na Me(Print Staff gnature D to IF SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: �iN as listed on application me, 7 3 Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesQNkY— / If yes,list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiar 'or a iliated business entity'relationship with the applicant, Attach list if necessary. LWr e/t 8e Co,ty tY l/)70i z. Aef)�i���L�"rw� Does the subject property have a proposed or pending purchaser? Yeso 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 su ject land or any proposed development contingent on the subject public action? Yes O No if es name the o icial ar enn plo ee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the fallowing 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 entityand/or individual Financing(mortgage,deeds of trust, Q cross-col late raIization,etc.) C Real Estate Broker/Agent/Realtor 0 e( Accounting/Tax Return Preparation o Architect/Designer/Landscape Architect/Land Planner 0 (V Construction Contractor 0 Engineer/Surveyor/Agent O L Legal Services O PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and cc rate. !understand that, upon receipt of notification that the application has been scheduled for public )10,ring, I rm responsible for updating the information provided herein three weeks prior to the mee 'n Plann' g Commission, City Council, VBDA, CBPA, Wetlands Board or any public bad or commit n with this application. Property Owner Name(Print) Property Own r. Ignature Date l/� J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four (4) years and ten (10) months at Virginia Beach Farmers Market, Building 1, space 10 and the Guard House re TFK Deli LLC 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four (4)years and ten (10) months at Virginia Beach Farmers Market, Building 8, spaces 23 & 24 re Wild Works of Whimsy, LLC (d/b/a Southern Branch Nursery) 3. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce, located at the rear of 4300 Ben Gunn Road re maintain an existing block bulkhead, construct and maintain a timber pier and vinyl bulkhead DISTRICT 9 4. Ordinance to CARRY FORWARD and APPROPRIATE $3,452,091 into the FY 2026-27 Operating Budget re purposes previously approved in FY 2025-26 5. Ordinance to AUTHORIZE $53,870 from the General Fund Reserve for Contingencies to the Non-Departmental Section FY 2026-27 Operating Budget re award a grant to the Great Neck Athletic Association for the Virginia Beach Youth Tackle Football League (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Cummings and Jackson-Green) 6. Resolution to APPROVE the FY-2027 Performance Contract with the Commonwealth of Virginia and ACCEPT and APPROPRIATE $262,235 from the Virginia Department of Behavioral Health and Development Services to the FY 2026-27 Human Services Operating Budget re Mental Health, Developmental and Substance Use Disorder 7. Ordinance to AMEND the Virginia Beach City Public Schools FY 2026-27 Operating Budget and Capital Improvement Plan (Requested by School Board) 8. Ordinance to ACCEPT and APPROPRIATE $5-MILLION in pass-through revenue from the Commonwealth to the City of Virginia Beach Development Authority re contribution to the Atlantic Park Development Project and DIRECT the City Manager to ENTER into a Memorandum of Understanding (MOU) with the Secretary of Commerce and Trade for the Commonwealth e_1', t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with TFK Deli LLC for City-Owned Property Known as Building 1, Space 10 and the Guard House in the Virginia Beach Farmers Market PUBLIC HEARING DATE: August 18, 2026 MEETING DATE: September 1, 2026 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 10 in Building 1 at the Virginia Beach Farmers Market, consisting of approximately 939 sq. ft. of space (the "Store"), together with a storage building (the "Guard House") consisting of approximately 100 sq. ft. of space (the Store and the Guard House, collectively, the "Premises") and received three responses. An RFP committee evaluated all the responses to the RFP and recommends that a lease be awarded to TFK Deli LLC, a Virginia limited liability company (d/b/a TFK Deli & General Store) ("TFK"). TFK would utilize the Store for the sale of deli items and meats, cheeses, salads, homemade sauces, condiments and dressings, prepared sandwiches and soups, and the Guard House for storage of nonperishables, and for no other purpose. ■ Considerations: The initial term of the Lease is for two (2) years and ten (10) months, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice. For more specific terms, see Summary of Terms attached to the Ordinance. Typically leases at the Farmers Market run for terms of up to 5 years, including renewals. The initial term of this Lease is for two years and ten months rather than three years so that the Lease stays on the same schedule as other leases at the Farmers Market. ■ Public Information: A public hearing was advertised on August 9, 2026 in The Virginian-Pilot and will be held on August 18, 2026. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: 1 AN ORDINANCE AUTHORIZING THE 2 CITY MANAGER TO EXECUTE A 3 LEASE WITH TFK DELI LLC FOR 4 CITY-OWNED PROPERTY KNOWN AS 5 BUILDING 1, SPACE 10 AND THE 6 GUARD HOUSE IN THE VIRGINIA 7 BEACH FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 10 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia 11 (the "Farmers Market"); 12 13 WHEREAS, the City issued a Request for Proposals ("RFP") for Space 10 in 14 Building 1 at the Farmers Market, consisting of approximately 939 sq. ft. of space (the 15 "Store"), together with a storage building (the "Guard House") consisting of 16 approximately 100 sq. ft. (the Store and the Guard House, collectively, the 17 "Premises") and received three responses; 18 19 WHEREAS, an RFP committee evaluated all the responses to the RFP and 20 recommends that a lease be awarded to TFK Deli LLC, a Virginia limited liability 21 company (d/b/a TFK Deli & General Store) ("TFK"); 22 23 WHEREAS, TFK would utilize the Store for the sale of deli items and meats, 24 cheeses, salads, homemade sauces, condiments and dressings, prepared 25 sandwiches and soups, and the Guard House for storage of nonperishables, and for 26 no other purpose; and 27 28 WHEREAS, TFK has agreed to pay the City base rent in the amount of 29 $1,400.00 per month for the first ten months of the initial term, with a five percent 30 (5%) annual rent escalation beginning July 1, 2027, and each year thereafter. 31 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 33 CITY OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute a lease for up to 4 36 years and 10 months between TFK Deli LLC, a Virginia limited liability company, and 37 the City for the Premises in accordance with the Summary of Terms, attached hereto 38 as Exhibit A and made a part hereof, and such other terms, conditions or 39 modifications as may be acceptable to the City Manager and in a form deemed 40 satisfactory by the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the day 43 of 2026. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM C'ty A ey P� lic Works/ eal Estate CA 043 Wbgov.com\dis 1\appi icalion s\citylaw\cycom32\eipdocs\d027\p057\01147716.doc R-1 August 4, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: TFK Deli LLC, a Virginia limited liability company (d/b/a TFK Deli & General Store) PREMISES: Building 1, Space 10, consisting of 939+/- sq. ft. and a storage building (known as the Guard House), consisting of 100+/- sq. ft. TERM: September 1, 2026 through June 30, 2029, with two (2) additional one-year renewal options. RENT: Base rent of$1,400.00 per month from *December 1, 2026 through June 30, 2027, with five percent (5%) annual escalation beginning July 1, 2027 and each year thereafter ('Rent will be abated from September 1, 2026 through November 30, 2026. Abatement is conditional on Lessee's good faith start-up expenditures and a timely opening of the restaurant on or before December 1, 2026.) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of deli items and meats, cheeses, salads, homemade sauces, condiments and dressings, prepared sandwiches and soups, and that the Guard House shall be used to store nonperishables, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate by giving one hundred eighty (180) days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advanced written notice to the City. LOCATION MAP l� 0. ♦f t i ? (/tip i f i i 1 1 1 r'.` tw•,7 { ,F ' V,� Budding 1�Space 10 jl Approx.939 Sq Ft ; ;{ J ' Approx.13WIon of cm :+w + _ Guard HOUe6(not mown) F •+�" j j" AWOx.100 Sq.Ft. t Win Neck Road AA l3 � j big ' i 4 I I DisclosureCITY 017 V-8, VIRGINIA I BEACH i Statement I I The disclosures contaltied In this form cure necessary to inform public officials who may vote oil the Oppllcatlon(is to whether they have a co)jfllct of Interest under Virginia law, Completion and subntlsslon of this four!Is regalred for(ill appllcrttlons that pertaln to City real estate matters or to the development ati(l/or use of property In the City of Vlrghda Beach requlring actlon by the Clty Council, boards, commisslotis, or SECTION • ' + DISCLOSURE APPLICANT INFORMATION I died o Nam e;as as listed on application Is Applicant also the Owner of the subject property? Yeso No© i If no,Property Owner must completeSECTION2:PROPERTYOWNF.R DISCLOSURE(page 3), ? Does Applicant have a Representative? Yes No0 If yes,nature RepresentatIm. L-GY1(' t��✓/ �� ° ; Is Applicant a corporation,partnership,firm,business,trust or unincorporated Ixislness? Yes(@Noo If yes,list the names of all officers, (//rectors, members, or trustees below AND businesses that have a I lHiretlt-stibslr!lgty I or o f./Led business entity 2relatlonshlo wit i the rtl ) c r t. Attach list If ne Ltiv�S 0" km6 e-e 0u)n Pam) The shim, "' SQ17w141 i Does tlies ubject property liave a proposed or pending purchaser? YeU N I If yes,►tame j)roposed or pendbiq purchaser: I KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE I Does an official or employee of the City of Virginia Desch have an Inte est in�he subject land by any t proposed development contingent oil the subject puhilc action? Yes6 No If le,,,name the o2kil ore...rloym acid descrlhe the nature oflJjeltlnterest. t I j APPLICANT SERVICES DISCLOSURE I' READ:The Applicant must cet%whether the follo}ving setvlces are.being provided In connection to'the f 1 3 subject appllcallon or anybushiess operating or to be operated oil the property. The liaime of the entity and/or Individual providing such setvlces must be Identified. (Attach list If necessaty.) SERVICE YES NO SERVICE PROVIDER I Name enNtyand orindlvlduai I'lpancing(mortgage,deeds of trus I '. cress c�Ilater�jl tlnn,etc 1 _ 1 � . Waal.. 1'w'Wrd © , 1 Estate Drokei Age e `Y t Olsctosure Statement I rev, May-2024 � _. page 9 of 3 l SECTIONAPPLICANT DISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation © 0 Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 Legal Services ® o 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. 712 Applicant Name (Print) plicant gnature Date 1 "Parent-subsidiary relationship"means "are ationship 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(f)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities. See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. 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 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with Wild Works of Whimsy, LLC (d/b/a Southern Branch Nursery) for City-Owned Property Known as Building 8, Spaces 23 and 24 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: August 18, 2026 MEETING DATE: September 1, 2026 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals ("RFP") for Spaces 23 and 24 in Building 8 at the Virginia Beach Farmers Market, consisting of approximately 1,126 sq. ft. of space (the "Premises"), and received two responses. An RFP committee evaluated the responses to the RFP and recommends that a lease be awarded to Wild Works of Whimsy, LLC, a Virginia limited liability company (d/b/a Southern Branch Nursery ("Southern Branch Nursery"). Southern Branch Nursery would utilize the Premises for the retail sale of native seasonal shrubs and small trees, grasses and groundcovers, gardening books, field guides, artisan goods, habitat supporting items, garden tools, and to host gardening classes and workshops, etc., and for no other purpose. Southern Branch Nursery will also be permitted to use the adjacent outside end cap for a permanent demonstration garden for seasonal native plants. ■ Considerations: The initial term of the Lease is for two (2) years and ten (10) months, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice. For more specific terms, see Summary of Terms attached to the Ordinance. Typically leases at the Farmers Market run for terms of up to 5 years, including renewals. The initial term of this Lease is for two years and ten months rather than three years so that the Lease stays on the same schedule as other leases at the Farmers Market. ■ Public Information: A public hearing was advertised on August 9, 2026 in The Virginian-Pilot and will be held on August 18, 2026. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager:/V 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE WITH WILD WORKS OF 3 WHIMSY, LLC (D/B/A SOUTHERN BRANCH 4 NURSERY) FOR CITY-OWNED PROPERTY KNOWN 5 AS BUILDING 8, SPACES 23 AND 24 IN THE 6 VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia 10 (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals ("RFP") for Spaces 23 13 and 24 in Building 8 at the Farmers Market, consisting of approximately 1,126 sq. ft. 14 of space (the "Premises"); 15 16 WHEREAS, an RFP committee evaluated the responses to the RFP and 17 recommends that a lease be awarded to Wild Works of Whimsy, LLC, a Virginia 18 limited liability company (d/b/a Southern Branch Nursery ("Southern Branch 19 Nursery"); 20 21 WHEREAS, Southern Branch Nursery would utilize the Premises for the retail 22 sale of native seasonal shrubs and small trees, grasses and groundcovers, gardening 23 books, field guides, artisan goods, habitat supporting items, garden tools, and to host 24 gardening classes and workshops, etc., and for no other purpose; 25 26 WHEREAS, Southern Branch Nursery will also be permitted to use the 27 adjacent outside end cap for a permanent demonstration garden for seasonal native 28 plants; and 29 30 WHEREAS, Southern Branch Nursery has agreed to pay the City base rent in 31 the amount of $1,500.00 per month for the first ten months of the initial term, with a 32 five percent (5%) annual rent escalation beginning July 1, 2027, and each year 33 thereafter. 34 35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 36 CITY OF VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute a lease for up to 4 39 years and 10 months between Wild Works of Whimsy, LLC, a Virginia limited liability 40 company, and the City for the Premises in accordance with the Summary of Terms, 41 attached hereto as Exhibit A and made a part hereof, and such other terms, 42 conditions or modifications as may be acceptable to the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day 46 of 12026. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM it tt ey P bli Works / Real Estate CA167 8 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d027\p057\01147836.doc R-1 August 4, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Wild Works of Whimsy, LLC, a Virginia limited liability company (d/b/a Southern Branch Nursery) PREMISES: Building 8, Spaces 23 and 24, consisting of 1,126+/- sq. ft. and the adjacent outside end cap TERM: September 1, 2026 through June 30, 2029, with two (2) additional one-year renewal options. RENT: Base rent of $1,500.00 per month from September 1, 2026 through June 30, 2027, with five percent (5%) annual escalation beginning July 1, 2027 and each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the retail sale of native seasonal shrubs and small trees, grasses and groundcovers, gardening books, field guides, artisan goods, habitat supporting items, garden tools, and to host gardening classes and workshops, etc., and for no other purpose. • Lessee will be permitted to use the adjacent outside end cap for a permanent demonstration garden for seasonal native plants, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate by giving one hundred eighty (180) days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advanced written notice to the City. City of Virginia Beach Farmers Market 3640 Dam Neck Road Virginia Beach,VA 23453 757-3854388 FAX:368-5249 LOCATION MAP O -- ❑ ❑ Master / � Gardeners i New Garden ❑ a y / t Garden � C E Bid .g / Space °f— / 23 24 26 1— pate i y / / Building 8, Spaces 23 & 24 20I Approx. 1,126 Sq. Ft.I loll ] {` uneoinlill wnasnxs>I�i / pprox 9'paces �LLL d // may\ Except spacer \ 8 7 6 6 4 3 2 1 {/ y ,aWftBsj u4i1-w— !� 9 10 11 1210•z1 13 14 18 18 17 %'••• / b > � F � / O ��E _ _. a iy \ � � I �.e Oe . speakers y Dam Neck Road VIRGINIA Disclosure BE Statement ACH 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 Wild Works of Whimsy, LLC dba Southern Branch Nursery Is Applicant also the Owner of the subject property? Yeso Noe If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO Noe If yes, name Representative: Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Trista Imrich, 100% owner 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? 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, CC,IPI-�(', cross-collateralization, etc.) Leo\\c( �� � .,ham k 'Q, Real Estate Broker/Agent/Realtor © e Disclosure Statement I rev. May-2024 page 1 of 3 SECTION ' • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation Architect/Designer/Landscape Q O Architect/Land Planner Construction Contractor O Q Engineer/Surveyor/Agent 0 O 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. Trista Imrich 07/22/2026 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. M a y-2024 page 2 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Lake Joyce, located at the rear of 4300 Ben Gunn Road MEETING DATE: September 1, 2026 ■ Background: Denise D. Clarke, Trustee of the Denise D. Clarke Revocable Trust (the "Applicant") requests permission to maintain an existing block bulkhead and to construct and maintain a timber pier and a vinyl bulkhead, (collectively, the "Temporary Encroachment") into City-owned property known as Lake Joyce (GPIN 1570-80-2438), located at rear of 4300 Ben Gunn Road (GPIN 1479-89- 9311). ■ 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 around Lake Joyce, 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 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, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: f�o 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE 7 JOYCE, LOCATED AT THE REAR OF 8 4300 BEN GUNN ROAD 9 10 WHEREAS, Denise D. Clarke, Trustee of the Denise D. Clarke Revocable 11 Trust (the "Applicant") has requested permission to maintain an existing 96.2' block 12 bulkhead and to construct and maintain a 10' x 16' timber pier and a 100' vinyl bulkhead 13 (collectively, the "Temporary Encroachment") into a portion of a City-owned property known 14 as Lake Joyce (GPIN: 1570-80-2438), located at rear of 4300 Ben Gunn Road (GPIN: 15 1479-89-9311); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachment upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, her heirs, assigns 26 and successors in title are authorized to construct and maintain the Temporary 27 Encroachment as shown on the map entitled: "EXHIBIT `A' — ENCROACHMENT 28 REQUEST FOR AN EXISTING BLOCK BULKHEAD AND A PROPOSED VINYL 29 BULKHEAD AND TIMBER PIER FOR: DENISE D. CLARKE, TRUSTEE OF THE DENISE 30 D. CLARKE REVOCABLE TRUST 4300 BEN GUNN ROAD,VIRGINIA BEACH, VA 23455 31 BAYLAKE PINES SECTION 1, LOT 40 BLOCK 1 M.B. 31, PG. 53," Scale: 1" = 40', dated 32 May 1, 2025, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto 33 as Exhibit A, on file in the Department of Public Works and to which reference is made for a 34 more particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and the Applicant(the"Agreement"), a copy of which has been presented 39 to the Council in its agenda, and will be recorded among the records of the Clerk's Office of 40 the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Applicant and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PU IC WORK / REAL ESTATE LUCIA G. WHITLOW CITY ATTORNEY CA16756 CLARKE ENCROACHMENT EXHIil 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 AND PLATS 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 GENCIES. 114 CURVE I RADIUS ARC LENGTH CHORD LENGTH I CHORD BEARING DELTA ANGLE TANGENT LENGTH 5 Cl 1 1000.0' 41.35' 1 41.35' S 66°13'32"E 1 2°22'09" 20.68' M.B.31 PG.53 LAKE JOYCE I NOW OR FORMERLY I 2'TOTAL BLOCK CITY OF VIRGINIA BEACH BULKHEAD WIDTH LAKEJOYCE D.B.1018 P. 154 GPIN: 1570-80-2438 I EXISTING BLOCK CHWATEXBULKHEAD ISTING I BULKHEAD X.VINYL 6 AD OF APO 0 EX.VINYL BULKHEAD OF APO W J PIN IF] I go i I O of I LOT 41 iO I NOW OR FORMERLY i PAVER i MARYJ. CLARKE PATIO GPIN: 1479-99-0217 wl DECK ;o INST: 202503005217 of I M.B. 31, PG. 53 LOT 39 N� LOT 40 �I NOW OR FORMERLY NOW OR FORMERLY ^'� DENISE D. CLARKE RT 10 KAREN K. LEHMAN z' GPIN: 1479-89-8325 GPIN: 1 479 89-93 1 1 ,N INST:202203036860 INST:202503007726 'Z M.B. 31, PG. 53 M.B.31, PG. 53 CONC I DRIVE i EXISTING CONDITIONS 1 PIN IF) C 1 S 61°00' E 59.0' BEN GUNN ROAD (50' RIGHT-OF-WAY) 33'ISOLAND DRURE REF: M.B. 31, PG. 53 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN SCALE: 1" =40' EXISTING BLOCK BULKHEAD AND A PROPOSED ENGINEERING SERVICES PROVIDED BY: VINYL BULKHEAD AND TIMBER PIER STONE GREEN CONSULTING, LLC FOR: DENISE D. CLARKE,TRUSTEE OF THE DENISE D. CLARKE 4014 MEDINA ROAD#1015, AKRON, OH 44333 REVOCABLE TRUST (330)400-3811 COA:0407008328 4300 BEN GUNN ROAD, VIRGINIA BEACH,VA 23455 BAYLAKE PINES SECTION 1 LOT 40 BLOCK 1 M.B. 31, PG. 53 MAY 1, 2025 PAGE 1 OF 2 CLARKE ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. N 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 E OF DEEDS AND PLATS 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 fGENCIES. CURVE RADIUS ARC LENGTHI CHORD LENGTH I CHORD BEARING I DELTA ANGLE I TANGENT LENGTH S Cl 1000.0' 41.35' 41.35' S 66°13'32"E 2°22'09" 20.68' LAKE JOYCE I VINYL BULKHEA W1 D pTH M.B.31 PG.53 NOW OR FORMERLY I99'0 PROPOSED 100'OF VINYL BULKHEAD CITY OF VIRGINIA BEACH 10.5' PROPOSED TO BE CONSTRUCTED 2'SEAWARD LAKEJOYCE TIMBER PIER OF EXISTING BLOCK WALL D.B.1018 P. 154 OHW AT EXISTING GPIN: 1570-80-2438 61' BULKHEAD 9� .VINYL BU AD 3' p 0 OF APO EX.VINYL BULKHEAD I OF 0 OF APO � P 0 I ----- PIN IFI I p I I I I OI I of I LOT 41 i I NOW OR FORMERLY VER MARY J. CLARKE TIO I GPIN: 1479-99-0217 wlRf ;o INST: 202503005217 of M.B. 31, PG. 53 0 1� LOT 40 LOT 39 0" �I NOW OR FORMERLY NOW OR FORMERLY MI KAREN K. LEHMAN ZI DENISE D. CLARKE RT 'o GPIN: 1479-89-8325 GPIN: 1479-89-931 1 I N INST:202203036860 INST:202503007726 ' Z M.B. 31, PG. 53 M.B. 31, PG. 53 I I CONC DRIVE I PROPOSED IMPROVEMENTS PIN IFI C 1 S 61°00' E 59.0' BEN GUNN ROAD 50' RIGHT-OF-WAY 33'TO TREASURE ISLAND DR REF: M.B. 31, PG. 53 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN SCALE: 1"=40' EXISTING BLOCK BULKHEAD AND A PROPOSED ENGINEERING SERVICES PROVIDED BY: VINYL BULKHEAD AND TIMBER PIER STONE GREEN CONSULTING, LLC FOR: DENISE D. CLARKE,TRUSTEE OF THE DENISE D. CLARKE 4014 MEDINA ROAD#1015, AKRON, OH 44333 REVOCABLE TRUST (330)400-3811 COA:0407008328 4300 BEN GUNN ROAD,VIRGINIA BEACH,VA 23455 BAYLAKE PINES SECTION 1 LOT 40 BLOCK 1 M.B. 31, PG. 53 MAY 1, 2025 PAGE 2 OF 2 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 j U 20 Z(,by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DENISE D. CLARKE, TRUSTEE OF THE DENISE D. CLARKE REVOCABLE TRUST, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that .certain lot, tract, or parcel of land designated and described as "Lot 40, Block 1", as shown on that certain plat entitled "SUBDIVISION NO. 1 BAYLAKE PINES" , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4300 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing 96.2' block bulkhead and to construct and maintain a 10' x 16' timber pier and 100' vinyl bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Joyce, collectively, the "Encroachment Area"; and GPINs: 1570-80-2438 (CITY PROPERTY LAKE JOYCE) 1479-89-9311 (4300 BEN GUNN ROAD) 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 BLOCK BULKHEAD AND A PROPOSED VINYL BULKHEAD AND TIMBER PIER FOR: DENISE D. CLARKE, TRUSTEE OF THE DENISE D. CLARKE REVOCABLE TRUST 4300 BEN GUNN ROAD, BAYLAKE PINES SECTION 1 LOT 40 BLOCK 1 M.B. 31, PG. 53," Scale: 1" = 40', dated May 1, 2025, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to 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 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 City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor 2 Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 4300 Ben Gunn Road, 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 4300 Ben Gunn Road. 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. 3 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 and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or 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. 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 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 4 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, DENISE D. CLARKE, TRUSTEE OF THE DENISE D. CLARKE REVOCABLE TRUST, the said Grantee, has caused this Agreement to be executed by her signature. 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. 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 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 , 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 Notary Registration Number: My Commission Expires: 6 DENISE D. CLARKE, TRUSTEE OF THE DENISE D. CLARKE REVOCABLE TRUST By: c DEN D. CLARKE, Trustee STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this Q0' day of Sw�u 207-4 by DENISE D. CLARKE, Trustee of the Denise D. Clarke Revocable Trust. (7ttR. (SEAL) Notary Public , •,, Notary Registration Number: $OlotyO-.? Y NOTARY My Commission Expires: a1 INLIC L .#406* 3 / 2-� ? REG.INOGG078 e MY COMMISSION: 0 . 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J PA -IV NAIL '0�OD 1 t w • � i t , � •t J 1\ k: Ao tyM1 f. 0 �O SITE Q. czP Q F2 0 n� cGtiti� � 0 okYZ�A. s �S,�LFR ,y�� LOCATION MAP Legend ENCROACHMENT REQUEST FOR 1479-89-9311 DENISE D. CLARKE REVOCABLE TRUST GPIN: 1479-89-9311 Gty Property ` 0 100 200 �P. Feet renar by, Fnall.qurvevRurf-ati/09- Stjrvev%lPR0JFGlSlArrGs PrmertskReal state\Anenda an-01 3 1 9-A. ,.11\14 .311 anrx " v k , , *V�l titi t . 4U `+ v - "`. - xr ?sue t, � ,W, M nY t� k r� - V11 mat t� r ` o = � °�, �• '� s " M LOCATION MAP Legend `' �, �� ENCROACHMENT REQUEST .� � � � -�. ' FOR 1479-89-9311 DENISE D. CLARKE REVOCABLE TRUST } " '� �� T` GPIN: 1479-89-9311 $. 0 100 200 City Property d 77::� Feet Prenared bv.1('.S/PW Fnn/Survev RureauKA-VS-2025 X\Survevs\PP.).JI CTI;Wr.Gis Prnieds\Real Fstate\Anenda Mans\250375 1479-99-9311\1479-R9-9311 anrx Docuslgn Envelope ID:6F59E1BC 4632�EFA-9143�54D7D302D9 V6CIT ,' OF Disclosure VIRGINIA 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. APPLICANTSECTION 1: APPLICANT INFORMATION Applicant Name: as listed on application Denise Clarke RT 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?Yese Noo If yes, name Representative: Waterfront Consulting, Inc. Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Denise Clarke 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? 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, © ® No Financing cross-collateralization,etc.) Real Estate Broker/Agent/Realtor e Disclosure Statement I rev. M a y-2024M page 1 of 3 Docusign Envelope ID:6F69E18C-4632-4EFA-9143-DD54D7D342D9 SECTION • •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation ® cherry Bekaert completes our taxes Architect/Designer/Landscape ® O Architect/Land Planner Construction Contractor © E) ('`� Waterfront Consulting,Inc. Engineer/Surveyor/Agent `� Sean E.Green,P.E.of Stone Green Consulting,LLC 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 publicbodv or committee i co ection with this application. oa Denise Clarke RT NJA& V. 6A& 5/2/2025 Applicant Name (Print) `AffM%?5ignature 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 rQy aa;gc~+ f'" r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Carry Forward and Appropriate $3,452,091 for Purposes Previously Approved in FY 2025-26 into the FY 2026-27 Operating Budget MEETING DATE: September 1, 2026 ■ Background: Section 7 of the FY 2025-26 Operating Budget Appropriation ordinance authorizes the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances made before the close of the fiscal year. In addition to this provision of the Operating Budget ordinance, funds that are approved for a specific purchase or contract but remain unobligated or unencumbered at the end of the year, may be requested by departments to be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: ■ Funding was approved in FY 2025-26 to purchase a piece of equipment or renovate a small building, but due to extenuating circumstances, such as supply chain disruptions, the department did not finalize the purchase or complete the project prior to the end of the fiscal year-, ■ Funds were approved by City Council by a budget amendment or City Manager by an authorized transfer late in the fiscal year and the expenditure could not be completed prior to the end of the fiscal year; and ■ Funds provided for a specific grant program or other restricted purpose were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements and also to ensure that there is sufficient fund balance to meet City Council's General Fund fund balance policy of 8-12% of the following year's revenue. Budget and Management Services coordinates this process with the Department of Finance to ensure adequate fund balance within the fund. Finance includes a carry forward estimate in their preliminary un-audited financial results. In addition, the use of carry forwards is not typically intended to be a substitute for the budget process; as such they should not be used to re-appropriate "surplus" funds or to be used as an alternative source of funding from the current fiscal year to the subsequent fiscal year that is not in alignment with its original intended use. ■ Considerations: Criteria applied by Budget and Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: ■ Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; ■ Funds that are intended for a specific timeframe, such as contracted manpower or training, are not eligible for consideration; ■ The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; ■ Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; ■ Funding is available in the legal appropriation unit(as identified in the Operating Budget ordinance) or department to be carried over to the next fiscal year; and ■ The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $3,452,091. Of that amount, $3,035,917 is for the General Fund; $176,174 for the Sheriffs Office Special Revenue Fund, $90,000 for the Tourism Advertising Program Fund, and $150,000 for the City Garage Internal Service Fund. ■ Public Information: Normal City Council Agenda Process. ■ Attachments: Ordinance, Exhibit A: FY 2025-26 Items Requested for Carry Forward into FY 2026-27 Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager:/4 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $3,452,091 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2025-26 INTO THE FY 4 2026-27 OPERATING BUDGET 5 6 WHEREAS, funding totaling $3,452,091 were unexpended at the close of Fiscal 7 Year 2025-26 and require re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2026-27 Operating Budget. 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA THAT: 12 13 $3,452,091 is hereby appropriated in the FY 2026-27 Operating Budget for the 14 purposes and amounts as set forth in the attachment entitled "Exhibit A- FY 2025-26 15 Items Requested for Carry Forward into FY 2026-27," with a corresponding increase in 16 revenue from each respective fund stated therein. 17 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and NUanagement Services City A ney's Office CA17293 R-1 August 18, 2026 Exhibit A:FY 2025-26 Items Requested for Carry Forward into FY 2026-27 Department Amount Purpose Aquarium $473,134 Security Camera Expansion Non Departmental $5,000 Community Organization Grant City Manager's Office $83,750 VB Safety Task Force Facilitation Fire $136,650 Command and Control Replacement General Government $366,000 Atlantic Park Flood Protection Dedication Non Departmental $294,725 Lease Payment Parks and Recreation $155,020 City Parks Security Camera Installation Police $240,676 Software Maintenance Annual Fees Public Works $240,000 Message Signs& Drones Public Works-Stormwater Dedication $300,000 Capital Equipment-BMP and ditch maintenance Public Facilities $35,000 Court Cell Phone Pouches Voter Registration $705,963 Funding for August Primary Election General Fund $3,035,917 Convention and Visitors Bureau $90,000 Tourism Development Plan Tourism Advertising Program Fund $90,000 Public Works $150,000 Costs associated with the fleet management transition from Mancon Parts City Garage Internal Service Fund $150,000 Sheriff $176,174 June Medical Contract Sheriff's Office Special Revenue Fund $176,174 $3,452,091 4 ;• rf� SZ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a $53,870 Grant to the Great Neck Athletic Association for the Virginia Beach Youth Tackle Football League. MEETING DATE: September 1, 2026 ■ Background: The Great Neck Athletic Association has requested the continuation of funding in support of the 2026 season for the Virginia Beach Youth Tackle Football League. The Association coordinates the youth tackle football program on behalf of several youth tackle football organizations. The requested grant would help to cover operational expenses including field rental, security, EMS, and officials, that were previously covered by Virginia Beach Parks and Recreation before the youth tackle football program was discontinued by the City. It is estimated that this funding will support 22 teams and approximately 550 players. ■ Considerations: The City has awarded the Great Neck Athletic Association a one- time Regional Grant in the following amounts during Reconciliation in each of the last four fiscal years. • FY 2022-23 - $8,646 • FY 2023-24 - $25,000 • FY 2024-25 - $36,858 • FY 2025-26 - $41 ,400 City Council did not award the Great Neck Athletic Association a grant during Reconciliation in FY 2026-27, but the Council has shown support for a variety of other youth sports activities and initiatives. The funding source for this grant will be through the General Fund Reserve for Contingencies. If approved, the remaining balance will be $1,474,090. The organization will be required to submit reporting documents in May 2027 consistent with all other Organizational Contributions. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Disclosure Form Requested by Mayor Dyer, Vice Mayor Wilson, Councilmembers Cummings and Jackson-Green REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, COUNCILMEMBERS CUMMINGS AND JACKSON-GREEN 1 AN ORDINANCE TO AUTHORIZE A $53,870 GRANT 2 TO THE GREAT NECK ATHLETIC ASSOCIATION FOR 3 THE VIRGINIA BEACH YOUTH TACKLE FOOTBALL 4 LEAGUE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT- 8 9 $53,870 is hereby transferred from the General Fund Reserve for Contingencies to 10 the Non-Departmental Section of the FY 2026-27 Operating Budget to award a grant to 11 the Great Neck Athletic Association for the Virginia Beach Youth Tackle Football League. 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: udget n Management Services City Attorney's Office CA17295 R-2 August 26, 2026 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Great Neck Athletic Association SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES FNOF SERVICE PROVIDER (use additional sheets if needed) ■ Accounting and/or preparer of your tax return Financial Services (include ■ lending/banking institutions and Towne Bank current mortgage holders as a licable) ■ Legal Services ■ Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Donald W. Marcan 08/07/2026 APPLICANT'S SIGNATURE PRINT NAME DATE NVr ( d Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve a Contract with the Commonwealth of Virginia for Mental Health, Developmental, and Substance Use Disorders, and to Accept and Appropriate State Funds MEETING DATE: September 1, 2026 ■ Background: The Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for Mental Health, Developmental, and Substance Use Disorder services through a performance contract with local Community Services Boards (CSB) and Behavioral Health Authorities. This contract specifies the services to be provided by the CSB, the costs of those services, all revenues used to support the services, lists all state and federal statutory and regulatory requirements applicable to the CSB, and contains outcome and performance measures for the CSB. Under the provisions of§ 37.2-509(A)(5) of the Code of Virginia, DBHDS requires localities to match a minimum of 10% of the total amount of state and local funds. The City of Virginia Beach exceeds this minimum. ■ Considerations: Pursuant to § 37.2-508 of the Code of Virginia, the contract provides a substantial amount of funding needed to maintain important CSB services. The funding sources that support the $84,760,775 final approved contract consist of: o $27,406,856 in total fee revenue, o $23,334,854 in revenue from the Commonwealth, o $ 2,769,518 in federal revenue, and o $31,249,547 in local matching funds from the City, On August 13, 2026, the Virginia Beach CSB voted to approve the FY 2027 Performance Contract and to move it forward to City Council for final approval. The majority of these funds were appropriated with the adoption of the FY 2026-27 Operating Budget; however, a net state funding increase of$262,235 needs to be appropriated. ■ Public Information: This item will be advertised as part of the regular Council Agenda process. As required by law, the performance contract was made available for public comment for a period of 30 days. The 30-day public comment period occurred July 9, 2026 —August 9, 2026. ■ Attachments: Resolution, Exhibit A (Performance Contract Financial Summary) Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: 142 1 A RESOLUTION TO APPROVE A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH, 3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDERS, 4 AND TO ACCEPT AND APPROPRIATE STATE FUNDS 5 6 WHEREAS, the Virginia Department of Behavioral Health and Developmental 7 Services provides funding for mental health, developmental, and substance use disorder 8 services through a performance contract with local community services boards; 9 10 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 11 Virginia mandated minimum local match share for these services; and 12 13 WHEREAS, the Virginia Beach Community Service Board, at their August 13, 2026 14 meeting, approved the FY 2027 Performance Contract between the Virginia Beach 15 Community Service Board and Commonwealth of Virginia. 16 17 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA, THAT: 19 20 1. The City Council hereby approves the Fiscal Year 2027 Performance Contract with 21 the Commonwealth of Virginia, a summary of which is attached as Exhibit A, for a 22 period concluding June 30, 2027. 23 24 2. In accordance with the Performance Contract, $262,235 is hereby accepted from the 25 Virginia Department of Behavioral Health and Developmental Services and 26 appropriated, with revenues increased accordingly, to the FY 2026-27 Operating 27 Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA-17294 R-1 August 19, 2026 FY 2027 Performance Contract Financial Summary Virginia Beach Human Services Mental Health Services FY 2027 Beginning FY 2027 Transfers FY 2027 FY 2027 Ending Balance FY 2027 Revenues In/Out Expenditures FY 2027 Refunds Balance Fund Type State Funds $0.00 $15,451,658.50 $1,463,630.23 $16,915,273.00 $0.00 $15.73 Local Matching Funds $0.00 $16,459,369.47 $0.00 $16,459,369.47 $0.00 $0.00 Fees $0.00 $5,190,592.00 $0.00 $5,190,592.00 $0.00 $0.00 Federal Funds $0.00 $359,166.59 $0.00 $359,166.59 $0.00 $0.00 Other Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Funds $0.00 $37,460,786.56 $1,463,630.23 $38,924,401.06 $0.00 $15.73 Developmental Services FY 2027 Beginning FY 2027 Transfers FY 2027 FY 2027 Ending Balance FY 2027 Revenues In/Out Expenditures FY 2027 Refunds Balance Fund Type State Funds $0.00 $3,379,007.75 $0.00 $3,379,007.75 $0.00 $0.00 Local Matching Funds $0.00 $11,049,287.67 $0.00 $11,049,287.67 $0.00 $0.00 Fees $0.00 $21,312,180.00 $0.00 $21,312,180.00 $0.00 $0.00 Federal Funds $0.00 $537,669.00 $0.00 $537,669.00 $0.00 $0.00 Other Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Funds $0.00 $36,278,144.42 $0.00 $36,278,144.42 $0.00 $0.00 Substance Use Disorder Services FY 2027 Beginning FY 2027 Transfers FY 2027 FY 2027 Ending Balance FY 2027 Revenues In/Out Expenditures FY 2027 Refunds Balance Fund Type State Funds $0.00 $3,040,557.37 $0.00 $3,040,557.37 $0.00 $0.00 Local Matching Funds $0.00 $3,740,890.11 $0.00 $3,740,890.11 $0.00 $0.00 Fees $0.00 $904,084.00 $0.00 $904,084.00 $0.00 $0.00 Federal Funds $0.00 $1,872,682.14 $0.00 $1,872,682.14 $0.00 $0.00 Other Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Funds $0.00 $9,558,213.62 $0.00 $9,558,213.62 $0.00 $0.00 Local Match Calculation Total State Funds $23,334,853.85 Compensation Increase Adjustment $1,475,332.00 Regional Funding Expended On Behalf of the Region $0.00 Part C State Funds $1,730,759.00 Total Local Funds $31,249,547.25 Total Adjusted State and Local Funds $51,378,310.10 Local Match Percentage 60.82% Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Virginia Beach City Public Schools FY 2026-27 Operating Budget and Capital Improvement Program MEETING DATE: September 1, 2026 ■ Background: On May 12, 2026, the City Council adopted the FY 2026-27 Operating Budget and Capital Improvement Program (CIP)forthe City and Virginia Beach City Public Schools (VBCPS). On June 29, 2026 the Governor signed the amended Virginia State Budget, providing an additional $13,942,359 in state funds to VBCPS's FY 2026-27 Operating Budget. On August 11, 2026, the School Board approved two resolutions requesting City Council to accept and appropriate the additional state revenue as well as appropriate an additional $1,900,190 in local revenues to their FY 2026-27 Operating Budget and CIP. The resolutions are attached hereto. As requested, the funds would be utilized for the following purposes: • $13,942,359 of state revenue would be appropriated to provide additional special education support, a 0.25% step increase to years 1-14 on the unified experience step plan scale, increase professional development reimbursements, replaced expired grant funding from "ALL In VA" program, as well as using $3 million as a means of financing swap in the CIP thereby reducing programmed bonds with pay- as-you-go funding. • $183,800 in additional athletic event revenue would be estimated and appropriated within the School Athletic Fund to support increases in postseason coaching supplements, event security, and contracted services. • $1,716,390 in additional local revenue would be estimated and appropriated within the FY 2026-27 CIP to Project # 601018 "Renovations and Replacements - HVAC III" ■ Public Information: Normal City Council agenda process. This item was subject to a briefing to the City Council on August 25, 2026. ■ Recommendations: Approval of the attached ordinance. ■ Attachments: Ordinance, School FY 2026-27 Amended Budget Resolutions (2), Capital Project Detail Page for#601018 Requested by the Virginia Beach School Board REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD 1 AN ORDINANCE TO AMEND TO THE VIRGINIA BEACH 2 CITY PUBLIC SCHOOLS FY 2026-27 OPERATING 3 BUDGET AND CAPITAL IMPROVEMENT PROGRAM 4 5 WHEREAS, the FY 2026-27 Operating Budget and Capital Improvement Program 6 (CIP) was adopted by the City Council on May 12, 2026; and 7 8 WHEREAS, as a result of the state budget amendments and additional local 9 revenue estimates, the Virginia Beach School Board adopted two resolutions on August 10 11, 2026 to amend their Adopted FY 2026-27 Operating Budget and CIP to include these 11 additional revenues; and 12 13 WHEREAS, appropriations of funds must be approved by the City Council prior to 14 expenditure of funds by the School Board; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1) $10,942,359 is hereby accepted from the Commonwealth and appropriated, 20 with revenue increased accordingly, to the FY 2026-27 Operating Budget of 21 Virginia Beach City Public Schools for Special Ed Add-on, Compensation 22 Supplements, Infrastructure, and Operations Per Pupil Allocation, At-Risk 23 Standards of Quality, and State Sales Tax. 24 25 2) $3,000,000 is hereby accepted from the Commonwealth and appropriated, with 26 revenue increased accordingly, to the FY 2026-27 Operating Budget of Virginia 27 Beach City Public Schools and transferred as pay-as-you-go funding to the FY 28 2026-27 CIP. A corresponding reduction of $3,000,000 in previously 29 authorized but unissued Public Facility Revenue Bonds is hereby reduced in 30 the aforementioned CIP. 31 32 3) $183,800 is hereby appropriated, with revenue increased accordingly, to the 33 FY 2026-27 Operating Budget of Virginia Beach City Public Schools, within the 34 School Athletic Fund, to support increases in postseason coaching 35 supplements, event security, and contracted services. 36 37 4) $1,716,390 is hereby appropriated, with pay-as-you-go funding increased 38 accordingly, to the FY 2026-27 School Capital Improvement Program- Capital 39 Project # 601018 "Renovations and Replacements - HVAC III". Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services OMce of rhe City Attorney CA17296 R-1 August 20, 2026 N E VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Kathleen J. Brown,Chair Carolyn D.Weems,Vice Chair District 10 District 9 Mark Bohenstiel Michael Callan David Culpepper District 3 District 6 District 8 Matt W. Cummings Rose M. Dwyer Sharon R. Felton District 7 District 1 At-Large Dr. Alveta J. Green Kimberly A. Melnyk Melinda J. Rogers District 4 District 2 District 5 Donald E. Robertson,Jr., Ph.D., Superintendent Amended School Operating Budget for FY 2026/27 WHEREAS,the School Board of the City of Virginia Beach approved the FY 2026/27 School Board Proposed Operating Budget on March 24,2026; and WHEREAS,the budget amendments were adopted by the 2026 General Assembly Special Session I to the 2026-2028 Introduced Biennium Budget affecting Pre-K-12 Public Education;and WHEREAS,Governor Spanberger signed the amended Virginia State Budget on June 29,2026,providing additional state funds to the School Board of the City of Virginia Beach in the amount of$13,942,359;and WHEREAS,the FY 2026/27 School Board Proposed Operating Budget was adopted by City Council on May 12,2026;and WHEREAS,an additional appropriation for the FY 2026/27 School Board Adopted Operating Budget is necessary in the amount of$13,942,359 from the City of Virginia Beach for additional state money received for Special Ed Add-on,Compensation Supplement,Infrastructure and Operations Per Pupil Allocation,At- Risk Standards of Quality and State Sales Tax;and WHEREAS,the School Board of the City of Virginia Beach anticipates an increase in Athletic Fund revenues as a result of approved ticket price increases for athletic events,and the appropriation will support an increase in postseason coaching supplements,event security,and contracted services; and WHEREAS, appropriations of funds must be approved by the City Council prior to the expenditure of funds by the School Board of the City of Virginia Beach,and NOW,THEREFORE,BE IT RESOLVED:that the School Board of the City of Virginia Beach requests an additional appropriation of $13,942,359 from the City Council of Virginia Beach for the School Board Operating Budget; and be it Put Students First•Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive i P.O.Box 6038 1 Virginia Beach,Virginia 234s6-0038 N ti VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2. Amended School Operating Budget for FY 2026/27 (continued) FURTHER RESOLVED:that these funds shall be used to provide additional special education support, a 0.25%step increase to years 1-14 on the Unified Experience-Based Step Pay Scale effective February 1,2027, additional PAYGO funding, an increase to Employee Professional Development Reimbursement,and to replace expired ALL In VA Grant Funding; and be it FURTHER RESOLVED: the School Board of the City of Virginia Beach requests an additional appropriation of$183,800 from the increase in Athletic Fund revenues,resulting from approved ticket price increases for athletic events,with all additional funds designated to support postseason coaching supplements, event security,and contracted services; and be it FURTHER RESOLVED: that the School Board of the City of Virginia Beach approves the recommended uses of these funds upon appropriation by the City Council; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board,and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor,each member of the City Council,the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 1 lth day of August 2026. Of• • ��•��y�S �� ' Kathleen J.Brown, School Board Chair Attest: ?/ Regina M.Toneatto,Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together•Value Differences 2512 George Mason Drive 1 P.O.Box 6038 1 Virginia Beach,Virginia 23456-0038 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Kathleen J. Brown,Chair Carolyn D.Weems,Vice Chair District 10 District 9 Mark Bohenstiel Michael Callan David Culpepper District 3 District 6 District 8 Matt W.Cummings Rose M. Dwyer Sharon R. Felton District 7 District 1 At-Large Dr.Alveta J. Green Kimberly A. Meinyk Melinda J. Rogers District 4 District 2 District 5 Donald E. Robertson,Jr., Ph.D.,Superintendent Amended Capital Improvement Program for FY 2026/27-FY 2031/32 Budget Resolution WHEREAS,the mission of Virginia Beach City Public Schools, in partnership with the entire community,is to empower every student to become a life-long learner who is a responsible,productive,and engaged citizen within the global community;and WHEREAS,the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan and school improvement priorities to guide budgetary decisions;and WHEREAS,the primary funding sources for the Capital Improvement Program(CIP)are charter bonds, public facility revenue bonds,and reversion funding;and WHEREAS,the City/School Revenue Sharing Policy provides 48.5%of certain general fund revenues to meet obligations of the School Board of the City of Virginia Beach;and WHEREAS,the City/School Revenue Sharing Policy allocates funds first to Debt Service,while the balance is used for the Operating Budget and the CIP;and WHEREAS,an additional$3,000,000 from the originally approved CIP budget will be funded through Schools' Pay-As-You-Go(PAYGO)with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds;and WHEREAS,an additional$1,716,390 in Investment Tax Credit funding has been received and will be allocated to the CIP;and WHEREAS,the School Board has comprehensively reviewed all sources of funding,projected various scenarios and prioritized the needs of the Operating and CIP budgets;and WHEREAS,total project cost/new construction amounts are partly based on 2023 Educational Specifications,post 30%design,created with School Board input;and Put Students First•Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive I P.O.Box 6038 1 Virginia Beach,Virginia 23456-0038 N VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2. Amended Capital Improvement Program for FY 2026/27-FY 2031/32 Budget Resolution (continued) WHEREAS,Educational Specifications and the associated designs will be reviewed under a separate process with the School Board which may result in a change in square footage and cost; and WHEREAS,new construction projects will not go out for bid without School Board approval separate from this CIP;and NOW,THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach adopts a CIP program of$949,045,599(as shown on the attached School Board Funding Summary and Project Summary dated August 11,2026),and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board,and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor,each member of the City Council,the City Manager,and the City Clerk. Adopted by the School Board of the City of Virginia Beach this I Ith day of August 2026. I of • .;: ;.► s• J;�. .��y„ �M.• Kathleen J.Brown,School Board Chair Attest: Regina M.Toneatto,Clerk of the Board Put Students First•Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach,Virginia 23456-0038 City of Virginia Beach FY 2027 thru FY 2032 Capital Improvement Program Project:601018 Title:Renovations and Replacements-HVAC III Status:Approved Category:Schools Department:PUBLIC EDUCATION Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide 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 252,206,082 120,812,146 31,206,390 28,940,000 18,330,000 17,740,000 17,570,000 17,607,546 0 ScopeDescription and This project provides for the renovation and replacement of heating,ventilation,and air conditioning systems throughout the division. Purpose As existing scr,00 aci ities riecome o er,t(-iF=u to rep ace an upgra a eating,venti ation,an air con itioning HVAC systems is necessary to maintain adequate learning environments and to extend the useful life of facilities with older mechanical systems.This project improves or upgrades heating,cooling,and ventilation systems in schools throughout the division. History and Current Status This project first appeared in the FY 2018-19 CIP and is a continuation of CIP 601103 titled Renovations and Replacements HVAC Systems II. Appropriations to date reflect a transfer of$2,986,775 in FY 2020-21 reversion funds approved by City Council.Appropriations to date reflect a transfer of $5,000,000 million in FY 2021-22 reversion funds approved by City Council.Appropriations to date reflect a transfer of$5,000,000 in FY 2022-23 reversion funds approved by City Council on November 21,2023.As part of planned reversion through the school special reserve fund balance,$9.2 million in FY 2021-22 reversion funds were approved by City Council. Appropriations to date reflect a transfer of$8,283,830 from CIP 601029 Bayside HS Replacement in FY 2024-25. Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 07/18-06/32 10,100,000 Design 07/18-06/32 39,400,000 Construction 07/18-06/32 181,906,082 Contingencies 07/18-06/32 20,800,000 Total Budgetary Cost Estimate: 252,206,082 Means of Financing Funding Subclass Amount Local Funding 250,489,692 ATD Local Funding 1,716,390 NO MAP REQUIRED Total Funding: 252,206,082 IA- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $5,000,000 in Pass-through Revenue from the Commonwealth to the City of Virginia Beach Development Authority for the Atlantic Park Development Project and Directing the City Manager to Enter into a Memorandum of Understanding with the Secretary of Commerce and Trade for the Commonwealth MEETING DATE: September 1, 2026 ■ Background: During the 2026 Virginia General Assembly session, a $5,000,000 line item was included in the Commonwealth's budget for the Secretary of Commerce and Trade of the Commonwealth of Virginia to distribute to facilitate the development and expansion of Atlantic Park located within the City of Virginia Beach. The pass-through funding is contingent upon the execution of a Memorandum of Understanding (MOU) between the Secretary of Commerce and Trade and the City of Virginia Beach. The MOU outlines the allowable uses of the funding, contains an acknowledgment that the funding must be used by June 30, 2028, and provides that the funding cannot be used to supplant existing local or state appropriations. In addition, the MOU provides that the City of Virginia Beach must act as the "locality," requiring it to accept and appropriate the funding for the Atlantic Park developer to receive these funds. Upon disbursement of the funds, reporting to the Secretary of Commerce and Trade must occur from the "locality". The City has historically used the City of Virginia Beach Development Authority (VBDA) for the administration of similar economic development grant awards from the Commonwealth, and it intends to do so in this instance. ■ Considerations: The attached ordinance appropriates the $5,000,000 in pass- through revenue to the VBDA and directs the City Manager to enter the required MOU. The VBDA will administer the grant as required by the language included in Item 101 (T) of Chapter 1 of the 2026 Virginia Acts of Assembly. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance, Memorandum of Understanding Recommended Action: Approval Submitting Department/Agency: Department of Economic Development City Manager: ,Tv 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $5,000,000 IN PASS-THROUGH REVENUE FROM THE 3 COMMONWEALTH TO THE CITY OF VIRGINIA BEACH 4 DEVELOPMENT AUTHORITY FOR THE ATLANTIC PARK 5 DEVELOPMENT PROJECT AND DIRECTING THE CITY 6 MANAGER TO ENTER INTO A MEMORANDUM OF 7 UNDERSTANDING WITH THE SECRETARY OF 8 COMMERCE AND TRADE FOR THE COMMONWEALTH 9 10 WHEREAS, pursuant to Item 101 (T) of Chapter 1 of the 2026 Virginia Acts of 11 Assembly, Special Session I the Commonwealth of Virginia appropriated $5,000,000 to 12 the Secretary of Commerce and Trade of the Commonwealth of Virginia for expansion or 13 facilitation of the Development of Atlantic Park; 14 15 WHEREAS, State pass-through funding is contingent upon the City of Virginia 16 Beach acting as the entity responsible for disbursement of funds and establishment of a 17 Memorandum of Understanding between the City of Virginia Beach and Secretary of 18 Commerce and Trade; and 19 20 WHEREAS, the City of Virginia Beach Development Authority ("VBDA") is 21 statutorily authorized to provide the funds received from the State to the ultimate recipient, 22 and as such City Council desires to appropriate the State funds to the VBDA. 23 24 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 25 VIRGINIA, THAT: 26 27 1) $5,000,000 is hereby accepted from the Commonwealth and appropriated, with 28 estimated state revenues increased accordingly, to the City of Virginia Beach 29 Development Authority for the purpose of passing through the State 30 contribution to the Atlantic Park development. 31 32 2) The City Manager is hereby directed to enter into a Memorandum of 33 Understanding with the Secretary of Commerce and Trade to obtain the pass- 34 through contribution from the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: ZyA D AS TO LEGAL SUFFICIENCY: B dget and Management Services rney's Office CA17297 R-1 August 25, 2026 MEMORANDUM OF UNDERSTANDING ATLANTIC PARK DISBURSEMENT This Memorandum of Understanding ("Memorandum") by and between the CITY OF VIRGINIA BEACH,VIRGINIA(the"Locality"),a political subdivision of the Commonwealth of Virginia, and the SECRETARY OF COMMERCE AND TRADE OF THE COMMONWEALTH OF VIRGINIA(the "Secretary"),provides: Recitals WHEREAS,pursuant to Item 101 (T)of Chapter 1 of the 2026 Virginia Acts of Assembly, Special Session I (the "Item"), the Commonwealth of Virginia appropriated $5,000,000 (the "Development Funds") to the Secretary for disbursement to the Locality for the Development of Atlantic Park; and WHEREAS, Atlantic Park is a multi-use entertainment, business, and recreational district located in the Locality; and WHEREAS, in accordance with the Item, the Development Funds may be applied to engineering, infrastructure, maintenance, and other related costs to facilitate development and expansion activities at Atlantic Park; and WHEREAS, the Item directs that the Development Funds not supplant any existing appropriations from local, state, or federal entities for the development of Atlantic Park; NOW,THEREFORE,in consideration of the foregoing,the mutual benefits,promises,and undertakings of the parties to this Memorandum, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: Section 1. Agreement and Payment. a. Agreement.The parties intend that this Memorandum serve as the memorandum of understanding required in the Item for disbursement of the Funds to the Locality. b. Development Funds. The amount of the funds to be provided to the Locality pursuant to the Item and in accordance with this Memorandum is $5,000,000. C. Reporting_ Prior to final disbursement by the Locality to the developer of all Development Funds, the Locality shall provide reports to the Secretary on the progress of this project every six (6) months. If the final disbursement to the developer occurs within the first six (6) months after the date of this MOU, only a single final report shall be required. Any reports shall include details on milestones achieved and expenditures, demonstrating adherence to the requirements in the Item. Reports are to be submitted to Office of the Secretary of Commerce and Trade at commerce.trade75&overnor.virginia.g9v. 1 d. Payment. The Item directs the Secretary to disburse the Development Funds to the Locality upon signature of this Memorandum pursuant to the terms of the Item and this Memorandum. Section 2. Locality's Oblieations. The Locality will utilize the Development Funds for purposes of development of Atlantic Park and for no other purpose. Section 3. Miscellaneous. (a) Completeness: Modification. This Memorandum constitutes the entire agreement among the parties with respect to the timing and logistics of the Development Funds. (b) Notices All notices, communications, and other information provided under this Memorandum shall be in writing and shall be given by (i) personal delivery, (ii) a nationally recognized overnight courier (providing confirmation receipts) for delivery on the following business day, (iii) confirmed email, or(iv)first class mail postage prepaid, as follows: If to the Secretary: Hon. Carrie Chenery 11 I 1 East Board Street Richmond. Virginia 23219 Attn: Secretary of Commerce and Trade Email: carrie.chenery@governor.virginia.gov If to the Locality: City of Virginia Beach, Virginia Patrick Duhaney City Manager 2401 Courthouse Drive Email:pduhaneynvb ov.com With copy to: Office of the City Attorney Mark D. Stiles 2401 Courthouse Drive Email: MStilesavb ov.com or to such other address as shall be notified by any party to the other parties. Any notice shall be deemed given when received or first refused by the addressee. (c) Governing Law; Venue. This Memorandum shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia,without reference to its choice of law 2 rules. Jurisdiction and venue for any litigation arising out of or involving this Memorandum shall lie in the Circuit Court of the City of Richmond, and such litigation shall be brought only in such court. (d) Severability. If any court determines that any clause, provision, or section of this Memorandum is illegal or invalid, the parties shall negotiate in good faith a substitute clause, provision,or section,which such substitute must be in accordance with the Act and the unaffected provisions shall remain in effect. (e) Counterparts. This Memorandum may be executed in several counterparts, each of which will be an original, and the counterparts will together constitute one and the same instrument. IN WITNESS WHEREOF,the Locality and the Secretary have each executed, or caused to be duly executed,this Memorandum, effective as of the date of the last signature below (the "Effective Date"). CITY OF VIRGINIA BEACH,VIRGINIA By: Name: Patrick A. Duhaney Title: City Manager Date: SECRETARY OF COMMERCE AND TRADE By: Name: Carrie Chenery Title: Secretary of Commerce and Trade Date: 3 Additional City Approvals: Approved as to Content: Department of Economic Development Approved as to Legal Sufficiency: Office of the City Attorney 4 L. PLANNING 1. THE CHURCH IN VIRGINIA BEACH for a Modification of Conditions to Conditional Use Permit re religious use at 5263 Greenwich Road DISTRICT 1 RECOMMENDATION: APPROVAL 2. STEPHANIE L. MARTIR-HOUCK for a Modification of Conditions to a Subdivision Variance re construct an addition to the existing single-family home at 4121 Charity Neck Road DISTRICT 2 RECOMMENDATION: APPROVAL 3. SHAKILAH VERNER for a Conditional Change in Zoning from R-7.5 Residential to Conditional District A-12 Apartment District re construct a duplex at 4916 Euclid Road DISTRICT 4 RECOMMENDATION: APPROVAL 4. UNIQUE HEARTS, LLC/VB IBC GROUP, LLC& CPG INDEPENDENCE LLC for a Conditional Use Permit re adult daycare at 408 Investors Place, Suite 107 DISTRICT 3 RECOMMENDATION: APPROVAL 5. CASA DE NUEVOS COMIENZOS/ TRC CENTER LLC for a Conditional Use Permit re religious use at 230 Clearfield Avenue, Suite 103 DISTRICT 4 RECOMMENDATION: APPROVAL 6. PAMELA HINTON/TINY ROOT LEARNING CENTER, LLC/ CONNEMARA ASSOCIATES, LLC for a Conditional Use Permit re childcare education facility at 1543 Amberley Forest Road DISTRICT 10 RECOMMENDATION: APPROVAL 7. Ordinance to AMEND City Zoning Ordinance (CZO) Section 2303 re short term rental parking requirements (Deferred from August 11, 2026) RECOMMENDATION: APPROVAL 8. Ordinance to AMEND City Zoning Ordinance (CZO) Section 241.2 re short term rentals RECOMMENDATION: APPROVAL 9. Ordinance to AMEND the Official Zoning Map by designation and reduction of property located in the Oceanfront Resort Short Term Rental Overlay District RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,September 1,2026 at 6:00 p.m,in the Council Chamber at City Hall, Building 1, 2^d Floor at 2401 Courthouse Drive, Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 1,2026. 2. Download WebEx and view the meeting at https:/-/vbgov.webex.com/``weblink/`reP,ister/rc7ae747ellO24 405fe5b25729ddd67b6 The following requests are scheduled to be heard: The Church in Virginia Beach (Applicant & Owner) Modification of Conditions Address:5263 Greenwich Road GPIN: 1467635850 City Council:District 1(Hutcheson) Stephanie L Martir-Houck (Applicant & Owner) Modification of Conditions Address:4121 Charity Neck Road GPIN:2411538382 City Council:District 2(Henley) Shakilah Verner (Applicant & Owner) Conditional Rezoning (R-7.5 Residential to Conditional A-12 Apartment District) Address: 4916 Euclid Road GPIN: 1477136034 City Council: District 4 (Ross- Hammond) Unique Hearts, LLC Property Owner: VB IBC Group, LLC & CPG Independence LLC Conditional Use Permit(Adult Daycare)Address: 408 Investors Place, Suite 107 GPIN: 1477507183 City Council: District 3(Berlucchi) Casa de Nuevos Comienzos Property Owner: T R C Center LLC Conditional Use Permit(Religious Use)Address:230 Clearfield Avenue, Suite 103 GPIN:1467655795 City Council:District 4(Ross-Hammond) Pamela Hinton, Tiny Root Learning Center LLC Property Owner. Connemara Associates LLC Conditional Use Permit (Childcare Education Center) Address: 1543 Amberley Forest Road GPIN: 1485273852 City Council:District 10(Rouse) CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 2303 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTAL PARKING REQUIREMENTS CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 241-2 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTALS CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY THE DESIGNATION AND REDUCTION OF PROPERTY LOCATED IN THE OCEANFRONT RESORT SHORT TERM RENTAL OVERLAY DISTRICT 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. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 18,2026&AUGUST 25,2026-J.TIME EACH 1 _.._.---_ ---..__ G� G2 �a 02 ,f i ® site The Church in Virginia Beach [� Zoning 5263 Greenwich Road Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 8/11/2026 A BEA Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE CHURCH IN VIRGINIA BEACH [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) for the property located at 5263 Greenwich Road (GPIN 1467635850). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: September 1, 2026 ■ Background: The applicant is requesting a Modification of Conditions to the Conditional Use Permit for a Religious Use previously approved on October 7, 2025. The 1 .59-acre site is zoned 0-2 Office District and lies along Greenwich Road, east of 1-264, within the Newtown Strategic Growth Area (SGA) and south of the future Virginia Beach Trail. The 2025 approval allowed for the construction of a 10,500-square- foot church with a 200-seat sanctuary and required development in substantial conformance with the approved site layout and building elevations. The proposed modification would revise the previously approved plans to allow for an approximately 11,327-square-foot building containing a 200-seat sanctuary, classrooms, and administrative offices. The height of the proposed building is approximately 33 feet, 4 inches, well below the 75-foot maximum permitted in the 0-2 District, and would feature light and dark gray vertical metal panels, faux redwood horizontal metal panels, light gray adhered stone, a dark gray standing-seam metal roof, and glass. Proposed landscaping includes street frontage and foundation plantings. Due to limited frontage and existing easements, three required street trees would be relocated to an alternate location west of the building near the existing parking lot. The previously approved deviation to the three-acre minimum lot area requirement for Religious Uses would remain applicable, as the property is 1.59 acres and the deviation was granted with the 2025 approval pursuant to Section 221(i) of the Zoning Ordinance. Church services are proposed on Sundays from 10:00 a.m. to 12:00 p.m. and Wednesdays from 7:30 p.m. to 9.00 p.m., with small-scale Bible studies and meetings anticipated throughout the week. The church anticipates four full-time employees. One freestanding sign, measuring 4 feet wide by 5 feet tall, is proposed and will include the required landscaping at its base. As proposed, 40 parking spaces are required for the 200-seat sanctuary, and 51 spaces are provided, exceeding the requirement by 11 spaces. Six required bicycle parking spaces are also provided. The Church in Virginia Beach Page 2 of 4 ■ Considerations: Staff finds, and the Planning Commission concurred, that the request for a Modification of Conditions is acceptable. The proposed modifications would revise the previously approved site layout and building elevations but would not alter the nature or intensity of the approved use. The property is located within the Newtown SGA, which envisions the area for future public open space; however, the SGA Plan provides guidance for future development and does not supersede the property owner's right to develop the property in accordance with the Zoning Ordinance. Although the Newtown SGA Plan also encourages locating buildings closer to the right-of-way, with parking behind the buildings to create a more pedestrian-friendly streetscape, the applicant intends to reuse the existing parking lot in conjunction with the construction of the proposed two-story church. Religious Uses are generally considered low-intensity and compatible with surrounding office and residential uses, and Staff does not anticipate adverse impacts to the surrounding area. The 2040 Comprehensive Plan identifies the area for Business Place Type development, which encourages attractive, high-quality development, pedestrian connections, and safe access to building entrances. The property is approximately 1.59 acres and does not meet the three-acre minimum lot area requirement for a Religious Use. However, a deviation from this requirement was previously granted under Section 221(i) of the Zoning Ordinance, and Condition 2 of the proposed Modification of Conditions addresses that deviation. Due to limited space between the existing parking lot and curb line, the proposed entrance cannot meet the dimensional requirements found in the Public Works Design Standards Manual. As such, a Public Works variance will be required during final site plan review. Public Works does not anticipate concerns with the variance and will work with the applicant to address the entrance requirements. The applicant will also provide curb and gutter improvements along Greenwich Road, as shown on the conceptual plan, as well as a 5-foot-wide sidewalk and ADA-compliant ramp along the west side of the driveway entrance. If the existing communication pedestal cannot be relocated, a reduced sidewalk width may be permitted with Staff approval There is no known opposition to this request, and staff received one letter of support from the adjacent property owner. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. The Church in Virginia Beach Page 3 of 4 1. All previous conditions attached to the Conditional Use Permit for the property located at 5263 Greenwich Road of October 7, 2025, shall be voided and replaced with the following conditions below. 2. The total lot area is 1.59 acres. This lot area is a deviation from the 3-acre minimum lot area required by the City Zoning Ordinance. 3. When the site is developed, it shall be in substantial conformance with the submitted conceptual site layout exhibit entitled, "Conceptual Site Plan Parcel A-1", prepared by WPL, LLC, dated 01/20/2026, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted and approved by the Planning/Development Services Center prior to the final site plan approval. 5. The building will be constructed in substantial conformance with the submitted rendering entitled "The Meeting Hall of The Church in Virginia Beach", prepared by Connecting Spaces LLC, dated 7/14/2026 which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 6. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 7. The proposed freestanding sign shall be in substantial conformance with the submitted rendering entitled "Proposed Sign Rendering for The Church in Virginia Beach 5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 9. 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, in accordance with Sections 252 & 254 of the Zoning Ordinance, at the time of site plan review. The Church in Virginia Beach Page 4 of 4 10.Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 11.A 5-foot-wide sidewalk with an ADA-compliant ramp shall be constructed along the west side of the site's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to the review and approval of the Director of Planning & Community Development. 12.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 Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r- Submitting Department/Agency: Planning Department City Manager:PW Agenda Applicant & Property Owner: The Church in Virginia Beach Planning Commission • • 1 • Council / / - • Project Details Request Modification of Conditions (Religious Use) '-_ �``� REitt:;SarKe A.,Bdeasy F Na � Staff Recommendation C i Y Approval l ff Staff Planner ,�4�' �` � Marchelle Coleman -- aL ACADEMY RC,ACAGEj�; ..... 1+ Location 4rCT.. , 5263 Greenwich Road GP/N w W a Z � V 1467635850 �VFR. _ <A.,. .DR'yOIT O H CT O _ N Site Size 7- (� OVERy ; IAA t90 1.59 acres hAHL�gM OMlOPO12iT EN ..GRAYSOM ,. AICUZ TOP P PVE "�, RD Less than 65 dB DNL Watershed Chesapeake Bay ; ' ► yea Existing Land Use and Zoning Districtu Parking lot/ 0-2 Office �.pF� Surrounding Land Uses and Zoning DistrictsotiRo North ' Dental office, pump station/ 1-1 Light Industrial South Undeveloped lot, Elisabeth River/0-2 Office East Greenwich Road, 1-264 Interstate West Office/0-2 Office The Church in Virginia Beach Agenda Item 5 page 1 of 16 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to a Conditional Use Permit for a Religious Use to modify the site layout and building elevations on this 1.59-acre 0-2 Office District zoned parcel. • On October 7, 2025, a Conditional Use Permit for a Religious Use was granted on this property to construct a 10,500 square foot church with a 200-seat sanctuary. The conditions specified the site be developed in substantial conformance to the site layout and building elevations; therefore, a Modification of Conditions is required to accommodate the proposed changes to the previously approved plans. • The site is located along Greenwich Road, east of 1-264, and is within the Newtown Strategic Growth Area (SGA),just south of the future Virginia Beach Trail. • The applicant is seeking to revise the previously approved plans to construct an approximately 11,327 square foot building on the property to include a 200-seat sanctuary, classrooms, and administrative offices. • The proposed building elevations depict materials consisting of light and dark gray vertical metal panels, faux redwood horizontal metal panels, light gray adhered stone, a dark gray, standing seam metal roof, and glass. The building's height is proposed at 33 feet, 4 inches, which is below the maximum 75-foot height permitted within the 0-2 Office District. • As depicted on the Conceptual Landscape Plan, the proposed landscaping improvements include street frontage and building foundation plantings intended to satisfy all applicable landscaping requirements. Due to limited frontage space and existing easements in this area, the applicant proposes to relocate three of the required street frontage plantings to an alternate location on the site. Specifically, the plan identifies the planting of three additional trees west of the main building, adjacent to the existing on-site parking lot. • As mentioned previously, the lot area for the proposed Religious Use is 1.59 acres. As the Zoning Ordinance requires Religious Uses to have a minimum lot area of three acres, a deviation to the minimum lot area requirement a deviation to the minimum lot area was requested and approved with the 2025 approval in accordance with Section 221(i) of the Zoning Ordinance. • Church services will be held on Sundays from 10:00 a.m. to 12:00 p.m. and on Wednesdays from 7:30 p.m. to 9:00 p.m.The applicant also anticipates hosting small-scale bible studies and meetings at other times throughout the week. • The church anticipates employing a total of four full-time employees. • One freestanding sign is proposed, measuring 4 feet in width by 5 feet in height. As conditioned, all signage must comply with the requirements of the Zoning Ordinance. As depicted on the conceptual landscape plan, the proposed sign will include the required landscaping around the base. The Church in Virginia Beach Agenda Item 5 page 2 of 16 • Per Section 203 of the Zoning Ordinance, one parking space per five seats or bench seating in the main auditorium is required for Religious Use. A total of 40 parking spaces are required for the proposed 200- seat sanctuary, with 51 spaces provided, thereby, exceeding the parking requirement by 11 spaces. Six bicycle spaces are required and have been provided. Zoning History # Request 264 1 1 CUP (Religious Use)Approved 10/7/2025 G,Q Fti��cy r? Apo �w O� U2 R10 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 The Church in Virginia Beach Agenda Item 5 page 3 of 16 Evaluation • • , • The request for a Modification of Conditions is, in Staff's opinion, acceptable. As mentioned previously, the subject request is to revise the approved site layout and building elevations for the development of the site as a religious use.The proposed modifications do not alter the nature or intensity of the previously approved Religious Use, including the size of the building, seating capacity, anticipated hours of operation, or overall function of the church. The site is in the Newtown SGA, which envisions this site to be utilized as public open space.The 2040 Comprehensive Plan calls for Business Place Type development to provide an attractively designed setting for business and service uses, with safe and direct non-auto travel paths to building entrances, connections to sidewalks and walkways, and building exteriors that provide a human scale and use long-lasting, attractive, high-quality materials.The property is currently owned by the applicant and is zoned 0-2 Office District, which permits religious uses with the approval of a Conditional Use Permit, which was granted by City Council on October 7, 2025. While the Newtown SGA Plan provides guidance for future land use and development, it does not override the property owner's right to develop the site in accordance with the Zoning Ordinance. Additionally, religious uses are typically considered low-intensity and compatible with the surrounding office and residential uses, and the proposed development is not expected to generate adverse impacts on the surrounding area. Additionally, the Newtown SGA Plan encourages buildings to be oriented closer to the right-of-way, with parking located behind the buildings to support a more pedestrian-friendly streetscape. While Section 283 of the Zoning Ordinance allows for reduced setbacks within Strategic Growth Areas when certain conditions are met, the applicant has opted to utilize the standard setbacks required by the 0-2 Office District. As the applicant intends to reuse the existing parking lot to support the construction of the proposed two-story church, staff finds the proposal to be consistent with zoning requirements and appropriate for the site. As stated previously, the site does not meet the minimum 3-acre lot area requirement for a Religious Use.The site is approximately 1.59 acres. A deviation was granted with the previous approval through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations from required minimum lot area if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties". Condition 2 of the Modification of Conditions request addresses this requested deviation. The conceptual site plan has been reviewed by the Fire Marshal's Office to ensure adequate emergency access and to comply with the Virginia Beach Fire Prevention Policy. No concerns were raised at this time; however, further review of the development will take place during final site plan review. The City's Traffic Engineering staff has determined that the proposed access point on Greenwich Road must comply with the Public Works Design Standards Manual (PWDSM) requirements for a commercial entrance. Per Section 3.9.C, "Commercial entrances will have a width of 30 feet at the point of tangent in the entrance." However, due to limited space between the existing parking lot and the curb line, there is insufficient room to meet this standard. As a result, a Public Works variance for entrance throat length and dimensions must be submitted during final site plan review. Public Works does not foresee any issues with granting the variance The Church in Virginia Beach Agenda Item 5 page 4 of 16 request and is willing to collaborate with the applicant to address entrance requirements. Although final entrance standards will be reviewed during site plan review, the applicant will incorporate curb and gutter improvements along Greenwich Road, as shown on the conceptual plan. As noted in Condition 11, and as depicted on the conceptual site plan, a 5-foot-wide sidewalk with an ADA-compliant ramp shall be constructed along the west side of the site's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to staff approval. Based on the considerations above, Staff recommends approval subject to the conditions listed below. Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit for the property located at 5263 Greenwich Road of October 7, 2025, shall be voided and replaced with the following conditions below. 2. The total lot area is 1.59 acres.This lot area is a deviation from the 3-acre minimum lot area required by the City Zoning Ordinance. 3. When the site is developed, it shall be in substantial conformance with the submitted conceptual site layout exhibit entitled, "Conceptual Site Plan Parcel A-1", prepared by WPL, LLC, dated 01/20/2026, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted and approved by the Planning/Development Services Center prior to the final site plan approval. 5. The building will be constructed in substantial conformance with the submitted rendering entitled "The Meeting Hall of The Church in Virginia Beach", prepared by Connecting Spaces LLC, dated 7/14/2026 which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 6. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 7. The proposed freestanding sign shall be in substantial conformance with the submitted rendering entitled "Proposed Sign Rendering for The Church in Virginia Beach 5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 9. 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 The Church in Virginia Beach Agenda Item 5 page 5 of 16 be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval, in accordance with Sections 252 & 254 of the Zoning Ordinance, at the time of site plan review. 10. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 11. A 5-foot-wide sidewalk with an ADA-compliant ramp shall be constructed along the west side of the site's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to the review and approval of the Director of Planning & Community Development. 12. 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. Previous Conditions for 2025 Conditional Use Permit 1. The total lot area is 1.59 acres. This lot area is a deviation from the three-acre minimum lot area required by the City Zoning Ordinance. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site layout exhibit entitled, "THE CHURCH IN VIRGINIA BEACH CONCEPT PLAN —CONCEPT SITE PLAN —SHEET CP-1", prepared by WPL, LLC, dated 06/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. When the site is developed, it shall be in substantial conformance with the submitted conceptual landscape plan exhibit entitled, "THE CHURCH IN VIRGINIA BEACH CONCEPT PLAN—CONCEPT LANDSCAPE PLAN —SHEET CP-2", prepared by WPL, LLC, dated 06/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. A Landscape The Church in Virginia Beach Agenda Item 5 page 6 of 16 Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. The building will be constructed in substantial conformance with the submitted rendering entitled "5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 5. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 6. The proposed freestanding sign shall be in substantial conformance with the submitted rendering entitled "Proposed Sign Rendering for The Church in Virginia Beach 5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. 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, in accordance with Sections 252 & 254 of the Zoning Ordinance, at the time of site plan review. 9. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 10. A 5-foot-wide sidewalk with an ADA-compliant ramp shall be constructed along the west side of the site's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to staff approval. Comprehensive • The Comprehensive Plan identifies the site as being located within the Newtown Strategic Growth Area (SGA), a Special Use Business Place Type, and adjacent to the VB Trail.The land use policies and principles of the imagineVB 2040 Comprehensive Plan and the Newtown Strategic Growth Area(SGA) Master Plan envision the Business Place Type as an attractively designed environment for business and service uses that support surrounding communities while accommodating a significant number of daily trips. The plans encourage high- quality development that incorporates green space and open areas as integral components of the built environment, contributing to the overall environmental quality and character of the area. (p. 170, imagineVB 2040 Comprehensive Plan). Within the Newtown SGA, office and institutional development is expected to establish a high standard of design, sustainability, and site planning, with buildings that enhance both indoor The Church in Virginia Beach Agenda Item 5 page 7 of 16 and outdoor spaces and, where appropriate, take advantage of adjacent waterways and open spaces. (p. 26, Newtown SGA Master Plan) The Comprehensive Plan also identifies the Virginia Beach Trail as an opportunity to promote infill and redevelopment that emphasizes walkability, mixed-use development, active ground-floor uses, and improved accessibility for pedestrians, bicyclists, and other mobility users. (p. 15, Newtown SGA Master Plan) Buildings are encouraged to front the trail, with parks, recreational amenities, and public gathering spaces incorporated along the corridor to foster activity and community engagement. (p. 69, imagineVB 2040 Comprehensive Plan). Collectively, these policies support the creation of a connected, pedestrian-oriented environment through the City's aspirational Linear Park/Active Transportation System, encouraging development that enhances trail connectivity, promotes multimodal transportation, and coordinates land use and site design to create vibrant, accessible destinations. (p. 66, imagineVB 2040 Comprehensive Plan) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-0 ADT Existing Zoning (1.6 0-2 zoned Greenwich Road No Data Available 9,900 ADT 1(LOS 4"D") parcel)—525 ADT Proposed Land Use 3-180 ADT weekday, 442 ADT Sunday 1 Average Daily Trips 2As defined by a 'As defined by a 'LOS = Level of vacant undeveloped 10,000 square foot Service parcel religious use Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Greenwich Road in the vicinity of this application is considered a two-lane undivided local dead-end street. The roadway is not included in the MTP. No roadway CIP projects are slated for this area. Active Transportation Plan(ATP) The Active Transportation Plan calls for a protected bike lane along Greenwich Road. The Church in Virginia Beach Agenda Item 5 page 8 of 16 Public Utility Impacts Water There is an existing 8-inch city water main along Greenwich Road. There is a portion of a 42-inch city water transmission main located in the north-east corner of the property. The site must connect to city water. Sewer There is a 24-inch HRSD sewer force main running along the adjacent northern property owned by the City of Virginia Beach.There is an 8-inch city sewer gravity main located about 220 feet west of the northern property line. There is no gravity sewer fronting the property; extension of a private gravity lateral or private force main may be an option with approval of an encroachment from the adjacent owner. Sewer and pump station analysis for pump station #402 is required to determine if future flows can be accommodated. Public Outreach Information Planning Commission • The applicant reported that the proposal was presented to the president of the adjacent office condominium association. It was subsequently brought before the association's ownership, where a vote was held and passed to grant a sewer easement and to express support for the proposal. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August 5, 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 July 27, 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 August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 18, 2026 and August 25, 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 August 17, 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 August 28, 2026. The Church in Virginia Beach Agenda Item 5 page 9 of 16 CR2FIIMCIIRaD: PLANT SCHEDULE _., srR_n Fxovuc SrM:n W,. xpnu": Snitu'unlxilCW CODE OTt_BOiRNG1LINME____CONnON NAME Ste__„__„_HBON7,LRAONOKD -�MEII Wn 2]SMIlS ri`I IF(S.P•� -- PEW RONOEO. 17"M PRWOEO { TREES n(v1u�-SWN: or STREETFRONTAGETMES _ } �'-'•'• KEOIARET: JKSSDIUM7REE1(I,QT1f/251T•Aj IMx:nw s. FRONDED'. }MEDIUM TPEES ' j av pFIBLUIfa .R+ 5 111 N01E:DO :.PARKING LOTIS TO K MAINEA.NED.ALL MET FMrAGE PL4MCS SH M PWNOED ELSEMIM ON SI°WE rauvRTlemr A¢1 e,.n'Sn R. 1EN[MNYLN . -__-.-_ iO1NSJfK1ENi E0.0NTAG[SPk.Ee EASERNNT CONFLICTS. R i1 �IJKYAI{IFR2M4'RWrREMN�IY 2N R; --_... !C^. Cp PARKINGLW Y • 0. uMa, E)MTAC PARKING LOT TO REMNN-N=DRIOWL TYM ARE YYYY b •rT.A..+teRr:"" s1aSWR 0.EOlME^MT1H ii1S PLAN w+suP urcmuwE nA 12.eFAll. 8UI11NNG EpINDATION trSEREE3NNL'. � d N(NInTRJ FAV:MR ISN {iMKR. {EOISRB: 195 MS(188LF"3'/155E-38l58N•i PROVIDED I9"UBS E6y1 g F- j wa11N.912. wMrGg F iN� O wn,iNm I Wi � SMELNU� GS NndM[<v"AU. 111AK8 _65HRUK5 i J PLANTING CALCULATIONS ng J g a w as°a�aIT d U cry x,uu:MA'u I R.2mcam:r'eirl ���� 3 a tin" ;N r.,rdn e;�p'Sa ' hilra�nU�ile Ea>�v��Tc� � •, �, .w nt u �I 4 .SFr _ # i� PR""sn P3 Rr tY \\ pys .,P .,r I i b?.' .I- i.•'v ._ ✓t 1,.% i n..i, ar."-.nwsr�ww'rux .u, _.: ii l w�."'"h t _. r w"� � TM f c. _ �- }a. ''� i �'r.: m-n rn.n.r•' y *\\ 4 A. 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I� f The Meetinq Hall of the Church in Virginia Beach i�isrc Sa 5263 Greenwich Rd 6�yet Virginia Beach,VA } -} iri�k� kS1 Ueld O U .4eA813 P9SOdOJd Proposed Freestanding Sign I 5 r ' h 1, Proposed Sign Rendering for The Church in Virginia Beach 5623 Greenwich Road The Church in Virginia Beach Agenda Item 5 page 12 of 16 Site Photos oro 4 p i o t Y1 �y RSA ^x T �k Y � 4 The Church in Virginia Beach Agenda Item 5 page 13 of 16 Disclosure DisclosureCITY OF V- VIRGINIA 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application The Church in Virginia Beach Is Applicant also the Owner of the subject property? Yes&Noo if no,Property Owner must complete SECTION Z:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)No0 If yes,name Representative: Church Development Services Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes&No4 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.) [Paul Niesen,Wirawan Purwanto,Andree Kumiawan,Andrew Miller 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? Yeso No • If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Nome entity and/or individual Financing(mortgage,deeds of trust, Q O Lender not yet chosen cross-col late ralization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 The Church in Virginia Beach Agenda Item 5 page 14 of 16 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual .Accounting/Tax Return Preparation O ® Shannon HSU,Individual Architect/Designer/Landscape O O Connecting Spaces(Hudson,OH)&WPL Architect/Land Planner Construction Contractor © Church Development Services,Llc. Engineer/Surveyor/Agent Q o WPL,Eric Garner 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. Paul Niesen Paul t,e�ay 21,2026 11 28 15 EDT) 21/05/26 Applicant Name(Print) Applicant Signature Date i Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act VA.Code§2.2-3101. 2 Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the 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): 8/17/2026 Marchelle L. Coleman 8/17/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 The Church in Virginia Beach Agenda Item 5 page 15 of 16 • 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. The Church in Virginia Beach Agenda Item 5 page 16 of 16 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #5 The Church in Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is agenda item 5, and that is the Church in Virginia Beach. Is there a representative here today to speak on this matter? Welcome, sir. Please state your name for the record. Mr.Niesen: Yes, I'm Paul Niesen, and I'm a minister with the Church in Virginia Beach. Ms.Byler: Welcome. Are the conditions acceptable to you? Mr. Niesen: Yes,very acceptable. Ms. Byler: Thank you. You may be seated. Mr. Niesen: Thank you. Ms. Byler: Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Camp to read it into the record. Mr. Camp: Thank you, Madam Vice Chair. The Church in Virginia Beach is seeking a modification of conditions for religious use for property located at 5263 Greenwich Road. The applicant is requesting a modification of conditions to a conditional use permit to modify the site layout and building elevations on this 1.59 acre 0-2 Office District zoned parcel. On October 7, 2025,the conditional use permit for religious use was granted on this property to construct a 10,500 square foot church with a 200 seat sanctuary. The applicant is now seeking to revise those plans and construct an approximately 11,327 square foot building on the property, including the same 200 seat sanctuary, classrooms, and admin offices. The application, otherwise, is not changing what was previously approved, and with no opposition and compliance with all of our other plans and requirements, it is therefore recommended for our passage on the consent agenda. Ms. Byler: Thank you, Commissioner Camp. (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.Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Schoonover: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now 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 virtually or in person, but you are 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. All previous conditions attached to the Conditional Use Permit for the property located at 5263 Greenwich Road of October 7, 2025, shall be voided and replaced with the following conditions below. 2. The total lot area is 1.59 acres.This lot area is a deviation from the 3-acre minimum lot area required by the City Zoning Ordinance. 3. When the site is developed, it shall be in substantial conformance with the submitted conceptual site layout exhibit entitled, "Conceptual Site Plan Parcel A-1", prepared by WPL, LLC, dated 01/20/2026, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted and approved by the Planning/Development Services Center prior to the final site plan approval. 5. The building will be constructed in substantial conformance with the submitted rendering entitled "The Meeting Hall of The Church in Virginia Beach", prepared by Connecting Spaces LLC, dated 7/14/2026 which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 6. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 7. The proposed freestanding sign shall be in substantial conformance with the submitted rendering entitled "Proposed Sign Rendering for The Church in Virginia Beach 5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. ' 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 9. 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, in accordance with Sections 252 & 254 of the Zoning Ordinance, at the time of site plan review. 10. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 11. A 5-foot-wide sidewalk with an ADA-compliant ramp shall be constructed along the west side of the site's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to the review and approval of the Director of Planning & Community Development. 12. 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. Dear Honorable Chairman and Members of the Virginia Beach Planning Commission, Subject:Application#2025.9.10-PLN-12(5263 Greenwich Rd—CUP) My name is Sam Baraki,l am the president of the Greenwich on the Lake Condo Association. l am writing on behalf of the condo association to offer my support for the proposed church next door to our building. Our condo association looks forward to the proposed church,as the development will clean the existing wooded site which has been used as a homeless campground for several years,with several issues with illegal activities. Further,the condo association has agreed to grant the proposed church a utility easement for their proposed sewer line, and took forward to the church repairing the existing parking lot. inc rely, Sam Barak! President of Greenwich on the Lake Condo Association U a�2 z Q AG U .G ® site Stephanie L. Martir-Houck ® Zoning 4121 Charity Neck Road Property Polygons Feet 0 20 40 80 120 160 Map created by Planning Department on 8/11/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEPHANIE L. MARTIR-HOUCK [Applicant & Property Owner] Modification of Conditions for the property located at 4121 Charity Neck Road (GPIN 2411538382). COUNCIL DISTRICT 2 (Henley) MEETING DATE: September 1, 2026 ■ Background: The applicant is requesting a Modification of Conditions to a Subdivision Variance, originally approved by the City Council on November 14, 1995, to remove the requirement for a cross-access easement across the subject property for the benefit of 4137 Charity Neck Road. The site is just under 1 acre in size, zoned AG- 2 Agricultural District, and contains a single-family dwelling. The applicant intends to construct an addition to the existing dwelling, portions of which would encroach into the existing easement. Since both parcels created through the 1995 Subdivision Variance now have independent access to Charity Neck Road, the easement is no longer necessary, and as such, the applicant is requesting to remove the condition. ■ Considerations: Staff finds, and the Planning Commission concurred, that the request for a Modification of Conditions is acceptable. The property is located within the Rural Context Area and an Agriculture Non-Place Type, which encourages limiting development intensity and uses within existing agricultural zoning. The proposed modification would not require an extension of City services or result in adverse traffic impacts to surrounding property owners. 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 August 12, 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 Subdivision Variance for the property located at 4121 Charity Neck Road of November 14, 1995, shall be voided and replaced with the following conditions below. 2. A deed shall be put to record vacating the cross-access easement. Stephanie L. Martir-Houck Page 2 of 2 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. Submitting Department/Agency: Planning Department City Manager:/)W Agenda Applicant & Property Owner: Stephanie L. Martir-Houck Planning Commission Public • CouncilCity Project Details Request Modification of Conditions Staff Recommendation ApprovalIt = 1 ' j Staff Planner Alexis Bailey Location 4121 Charity Neck Road GPIN 2411538382 Site Size J 43,489 square feet A/CUZ 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 Single-family dwelling/AG-2 Agricultural Q£ South 1 Single-family dwelling/AG-2 Agricultural 4 East Charity Neck Road Single-family dwelling/AG-2 Agricultural West Single-family dwelling/AG-2 Agricultural Stephanie L. Martir-Houck Agenda Item 6 page 1 of 10 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to a Subdivision Variance approved by the City Council in 1995 to remove the ingress/egress easement.Thereby allowing the construction of a residential addition on this 43,489 square foot AG-2 Agricultural District zoned parcel. • On November 14, 1995, a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations was granted on this property to subdivide a single parcel into two parcels. As a condition of the approval, a cross-access easement was required across the subject parcel (Parcel C) for the benefit of 4137 Charity Neck Road (Parcel D). • The applicant intends to construct an addition to the existing single-family home located on the site, a portion of which would encroach into the existing easement. Since both parcels created by the Subdivision Variance now each have independent access to Charity Neck Road, a Modification of Conditions is required to remove the condition requiring the cross-access easement. Zoning History # Request 1 1 NON Approved 10/11/2011 2 SVR Approved 11/14/1995 o Y u W AG2 Z It AG2 u Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ. Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Stephanie L. Martir-Houck Agenda Item 6 page 2 of 10 Evaluation Recommendation The request for a Modification of Conditions is, in Staff's opinion, acceptable. The site falls within the Rural Context Area and is within an Agriculture Non-Place Type, which calls for limiting the development intensities and uses within existing agricultural zoning.The proposal will not require the extension of city services or result in any adverse traffic impacts on the surrounding property owners. Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. All previous conditions attached to the Subdivision Variance for the property located at 4121 Charity Neck Road of November 14, 1995, shall be voided and replaced with the following conditions below. 2. A deed shall be put to record vacating the cross access easement. 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. Previous Conditions for 1995 Subdivision Variance 1. A cross-access easement must be platted across Parcel C to Parcel D to provide for ingress/egress to the existing single-family home. Stephanie L. Martir-Houck Agenda Item 6 page 3 of 10 Comprehensive Plan Information The site falls within the Rural Context Area and is within an Agriculture Non-Place Type. A goal of the Rural Context Area is to "protect and sustain the natural lands, open spaces, and environmental systems" (p. 143, imagineVB 2040 Comprehensive Plan). Additionally, it calls for limiting the development intensifies and uses within existing agricultural zoning (p. 144, imagineVB 2040 Comprehensive Plan). Natural & Cultural Resources Impacts The site is located in the Southern Rivers 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 Z-No Data Available Charity Neck Road There is no data There is no data 3- Proposed Land Use No Data available. available Available but there are no impacts to traffic based on this request. 1 Average Daily Trips 'As defined by a 3As defined by a 4LOS = Level of single-family dwelling single-family dwelling Service Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) There are no MTP or CIP projects slated for Charity Neck Road. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Water City water is not available. Health Department approval is required for private wells. Sewer City sanitary sewer is not available. Health Department approval is required for septic systems. Stephanie L.Martir-Houck Agenda Item 6 page 4 of 10 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 29, 2026 and August 5, 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 July 27, 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 August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 18, 2026 and August 25, 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 August 17, 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 August 28, 2026. Stephanie L. Martir-Houck Agenda Item 6 page 5 of 10 Goss-Access Easement to be vacated r _A f1A• � NOA'9R f1:g1{Att i z .#� 11 STANLEY ELLIS MLLIAMSON k SKRLEY FAYE nORCHESrt.R t oe 3174 P 1626 M0.2W7 0.17 AfrylTae 8E H IOCATibi M4• SCAdF::t'—nl W AtC PYAT CW CQTO'Y'HA! rMt lw R AA AS IT K.A- M. w TO PiAT C ASON M'H[Arw KAetc A*KkY16uS r .A-Wrc 1 WC 2LlIOrI WA tl LAMG Ah0 h �Y MPIROKC. Ov YYO.APpAOYl:.,t±K woCAs>G«C FG Not t[An ,q T«A j ..-.e,.-_.. :l'aAfEME55 S"f'1NC M%�1rL1ARY.$TItZ 4A G'T1f�WFSlak 'enOM'r {{{gggg{yyyy��� 4137 Charity Neck Road -"'' '' ' "'"° K f a ', Yk:AeMt AP""t _ l f'>•F� I C. on tlf YWIWA 1lxdN.YM0cm,MPeA (PARCEL D) 444Ad Q_rfrlot Of pWX.K+Wpb1'r,CIYI YMCiHF idMY,ACM. _.' vMaA MACH wTH otnMTMKMr w.arliwh Nts a7 i:nsw Y ,orla YAruCNs�WJN150 ar i r.VWIwYWs 11NII0��EOu nYc.aT � t IwCK AT►A4 PARCEL 8 PARC[L A F.Ok aR rw mi k:; NOW a rtAar-ra. ALAV P, StMTM A MLL"L. THCRTOM,JR. h olmt S-SMITH CATMRIW, 6104TON a e m.T M sea 4121 Charity Neck Road " sa , } (PARCEL'Q TAT,"CALM .. E. � i 1}"PMMTC wO45iA4AC5Y tASfLEA* -.. ...�+,..f-Aach C.sm c TO FA/ICYT.a fH'c/Y PAWCh C $¢F:a{;TAA ON'$N[[T 2. t;C p P T'tM.'YOR PM/W'DMICA"m YY.M3 --- 77-73s; _ SUBDIVISION Of PROPERTY - e TIZW To wu 4l Ao. 'HOMESITE PARCEL rD rD C H A R I T Y N E C K R 0 A D ( 3 0 ' & VAR . R f W ) r„M:r ' THE ESTATE OF ALMA MAE VALLIAMS (WO.222 p 45) Y b 222 P l� SL NWt r;4yy i Mlw WPM*- VA(RACM. W. (p GRAPHIC SCALE {>"'tr: t :;..u[:1•-sa' AW.:usl»,IAMa (at) >'. 00motTt YcwmKw(u.T) •• ., +.,e*„�*'". GALLUP SURWYM EWNCEn om D WON Ws (rolrW N- cTx+aprlP waWKWT(000m) _ _ ��• MROwA KAiM tMi6rlk 4lAAt O ((DD WW $U 94TI 2 rOA CM rtATM ANO Af0TKTML NOT" T W» > NrOYC UI 11>? CD O d ^ .:.153.t.?.".9r..,aZ as-4TT Uq • (D 0) '� i O ((DD � O N � n O Q) 7z- Site Photos c 'i V - r h1"q . r' �. '^'*��,� tea' ri ,; •-�'x ♦ i s a Disclosure CHY OF Disclosure VIRGINIi 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: �� ` L � as listed on application:!3 1tYl oIs 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?YeV Noo if yes,name Representative:N;+\(�n & 15�-"1►o1-37b7 Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yeso No if yes,list the names of al/officers, directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity I 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 De 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. 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 `�►� cross-collateralization,etc.) �•,/ Real Estate Broker/Agent/Realtor 0 Disclosure Statement rev. M a y 2024 page 1 of 3 Stephanie L. Martir-Houck Agenda Item 6 page 8 of 10 APPLICANTDisclosure Statement SECTION 1: DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent ® W 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 urn 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. pA plicant 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. z'Affiliated business entity relotionship"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 share activities,resources or personnel on a regular bosis 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): 91 912026 Alexis Bailey 8/19/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Stephanie L. Martir-Houck Agenda Item 6 page 9 of 10 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Stephanie�L Martir-Houck Agenda Item 6 page 10 of 10 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #6 Stephanie Martir-Houck Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: Next is item 6, Stephanie Martir-Houck. Is there a representative here today to speak on this item? Please come down. Welcome. Please state your name for the record. Ms. Martir-Houck: My name is Stephanie Martir-Houck. Ms. Byler: Are the conditions acceptable to you? Ms.Martir-Houck: Yes. Ms. Byler: Thank you. You may be seated. Ms. Martir-Houck: Thank you. Ms. Byler: Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Cromwell to read it into the record. Mr. Cromwell: This application is at 4121 Charity Neck Road. The applicant is requesting a modification of conditions to a subdivision variance approved by the City Council in 1995 to remove an ingress and egress easement,thereby allowing the construction of a residential addition on this 43,489 square foot AG-2 Agricultural District zoned parcel. The applicant intends to construct an addition to the existing single-family home located on the site, a portion of which would encroach into the existing easement. Since both parcels created by the subdivision variance now have independent access to Charity Neck Road, a modification of conditions is required to remove the condition requiring a cross-access easement. Hearing no opposition to this, it was placed on the consent agenda. Ms.Byler: Thank you, Commissioner Cromwell. (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. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Schoonover: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now 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 virtually or in person, but you are 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. All previous conditions attached to the Subdivision Variance for the property located at 4121 Charity Neck Road of November 14, 1995, shall be voided and replaced with the following conditions below. 2. A deed shall be put to record vacating the cross access easement. 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. R7.5 O F� R/7!5 R7.5 Oolsp-�R O4O R7.5 Site Shakilah Verner N Zoning 4916 Euclid Road W*JJ Property Polygons s Feet 0 12.5 25 50 75 100 Map created by Planning Department on 8/11/2026 Mt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHAKILAH VERNER [Applicant & Property Owner] Conditional Rezoning (R-7.5 Residential District to Conditional A-12 Apartment District) for the property located at 4916 Euclid Road (GPIN 1477136034). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: September 1, 2026 ■ Background: The applicant is requesting a Conditional Rezoning of a 7,744-square-foot parcel from R-7.5 Residential District to Conditional A-12 Apartment District to develop a duplex with a resulting density of 11.25 units per acre. The vacant parcel fronts Euclid Road, is located within the Pocahontas Village neighborhood and the Central Village District of the Pembroke Strategic Growth Area (SGA), and was previously occupied by a single-family dwelling that was demolished in 2019. The conceptual site plan proposes one 2-story duplex with a maximum building height of 30.5 feet, which is below the 35-foot maximum height permitted in the A-12 District. The proffered building elevations depict white and gray premium vinyl siding, white PVC trim, an architectural shingle roof, and brick veneer. A six-foot- tall earth-toned privacy fence is also proposed along the rear yard. As part of the Conditional Rezoning, the applicant is requesting deviations pursuant to Section 107(i) of the Zoning Ordinance to accommodate the proposed development. The requested deviations include a minimum lot area of 7,744 square feet, where 10,000 square feet is required; a five-foot side yard setback, where 10 feet is required; maximum lot coverage of 35 percent, where 30 percent is permitted; and five-foot-wide Category IV landscape buffers along the east and west property lines, where 10-foot-wide buffers are required. A 10-foot-wide Category IV landscape buffer is provided along the northern property line. The proposal also includes right-of-way improvements, including a five-foot-wide sidewalk and a six-foot-wide public multi-purpose trail easement. To accommodate future protected bike lanes along Euclid Road recommended in the Active Transportation Plan, an 11-foot-wide right-of-way dedication is proposed, exceeding the eight-foot dedication requested by the Department of Parks & Recreation. Each duplex unit will include a one-car garage and two additional off-street parking spaces, satisfying the minimum parking requirement of two spaces per dwelling unit established by Section 203(12) of the Zoning Ordinance. Shakilah Verner Page 2 of 4 ■ Considerations: Staff finds, and the Planning Commission concurred, that the request to conditionally rezone the site from R-7.5 Residential District to Conditional A-12 Apartment District is acceptable. Although the proposal requires several deviations from the Zoning Ordinance, staff finds the development generally consistent with the imagineVB 2040 Comprehensive Plan, supports the City's housing objectives, and represents an appropriate infill development within the Central Village District of the Pembroke SGA. The Comprehensive Plan identifies the area as a Local Center and encourages diverse housing types, increased housing opportunities, and compact development. While the surrounding neighborhood is primarily single-family in character, the proposed duplex provides an appropriate transition between the Local Center and adjacent residential neighborhood due to its residential scale and design. The proposed two-story duplex, with a maximum height of 30.5 feet, is designed to complement the surrounding neighborhood through its residential scale and architectural design, including pitched roofs, front porches, residential-scale windows, brick veneer, premium vinyl siding, architectural shingles, and PVC trim. A six-foot earth-tone privacy fence and required 10-foot Category IV landscape buffer along the northern property line are also provided. Although five-foot buffers are proposed along the eastern and western property lines, Staff finds that the overall site design and landscaping help provide an appropriate visual transition to adjacent properties. The requested deviations include reduced minimum lot area and side yard setbacks, increased lot coverage, and reduced landscape buffers. These deviations are found to be relatively modest and largely attributable to the limited size and configuration of the existing infill parcel. The deviations are further offset by the quality of the proposed design, buffering, and public improvements. The applicant has also proffered a five-foot sidewalk, six-foot public multi-use trail easement, and an 11-foot right-of-way dedication along Euclid Road, exceeding the eight-foot dedication requested by Parks & Recreation and supporting future multimodal improvements, including protected bicycle facilities. The applicant proposes two individual driveways, one for each dwelling unit, rather than a shared driveway that would generally be required for this type of development. This configuration provides a streetscape more consistent with single-family development by reducing the visual width of the driveway and allowing additional landscaping between the driveways and along the street frontage. Public Works supports the necessary variance for the two-driveway configuration due to the unique characteristics of the lot. The applicant worked with Staff and the surrounding neighborhood and incorporated revisions intended to address concerns where feasible. Overall, Staff finds that the improvements and additional housing within a designated Local Center, introduce a housing type encouraged by the Comprehensive Plan, Shakilah Verner Page 3 of 4 provides public infrastructure improvements, and incorporate architectural and site design features compatible with the surrounding neighborhood. Two letters of opposition were received stating concerns regarding the rezoning to the Apartment District and impacts this will have on the surrounding neighborhood. Between Planning Commission and City Council, the applicant revised Proffer 3 to provide more clarity to the deviations requested regarding the proposed site yard setbacks and the proposed landscape buffer widths along the eastern and western property lines, as noted below. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Proffer 1 Upon development, the Property shall adhere to the site layout, parking configuration, building design, setbacks, dimensions, sidewalk, and landscaping as generally shown and described in the exhibit titled "Conceptual Site Plan for Duplex 4916 Euclid Road," dated 07/06/2026 prepared by CECS (the "Concept Plan"). This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. Proffer 2 When the Property is developed, it will have no more than one duplex with each unit containing a minimum of 2,000 square feet of enclosed living area. The duplex units as depicted on the Concept Plan shall have front-entry one (1) car garages and one driveway per unit. The duplex shall utilize quality architectural features, design elements, and exterior building materials substantially as depicted and described on the building renderings for 4916 Euclid Road dated 06/01/2026, which have been incorporated by reference into this proffer. Proffer 3 In lieu of the 30% maximum lot coverage, 10ft side yard setback and a Category IV landscape screening, and the 10,000 sq ft minimum lot area in the A-12 zoning classification for duplex dwellings pursuant to Section 602(b) and 603 of the Zoning Ordinance, (35%) maximum lot coverage, 5ft side yard setback and a 5 ft landscape buffer on the eastern and western property lines with the plantings depicted on the Concept Plan, and 7,744 sq ft minimum lot area, will be permitted to allow improvements depicted on the Concept Plan. Shakilah Verner Page 4 of 4 Proffer 4 Grantor shall cause the Property to comply with Appendix B of the City Code as it relates to the conveyance of land recorded at DB 728 PG 468 prior to the approval of the site plan for the duplex. Proffer 5 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager/$�, Agenda Applicant & Property Owner: CommissionPlanning Public Hearing: August 12, 2026 VB_ CouncilCity '• • • Project Details Request Conditional Rezoning (R-7.5 Residential District to Conditional A-12 Apartment District) -- -- WOMERN.BLw Staff Recommendation Approval _ SPPyt 5 O� CONESTOGA RD Staff Planner y°°, °°F 9 9 Marchelle Coleman + ° r O NP5 gt °,p O,,y P, Location 4916 Euclid Road BLPCKf001 C0.ES �°� 00, GPIN 9 1477136034 BR�KF°°, �R4c OX �� <9c�F OHON°P° 4 Site Size �r°r ' 7,744 square feet 2, AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant Lot/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling/ R-7.5 Residential South Euclid Road Mobile Home Park, single-family dwellings/A-12 Apartment, R-7.5 Residential East Single-family dwelling/ R-7.5 Residential West Single-family dwelling/R-7.5 Residential Shakilah Verner Agenda Item 11 page 1 of 17 Background & Summary of • • • • The applicant is requesting to rezone a 7,744 square foot parcel from R-7.5 Residential to Conditional A-12 Apartment District to develop a duplex with a resulting density of 11.25 units per acre. • The 7,744-square-foot parcel fronting Euclid Road is currently vacant, situated within the Pocahontas Village neighborhood, and lies in the Central Village District of the Pembroke Strategic Growth Area (SGA). A single-family dwelling previously occupied the site but was demolished in 2019. • As shown on the submitted conceptual site plan, the proposal depicts one duplex. Each unit will be two stories, with a maximum building height of 30.5 feet, which is within the maximum 35-foot height permitted in the A-12 Apartment District. • The proffered building renderings depict dwellings with exterior building materials consisting of white and gray premium vinyl siding, white PVC trim, an architectural shingled roof, and brick veneer. • As depicted on the building renderings and conceptual plan, a six-foot-tall earthtone privacy fence is proposed to enclose the rear yard. • As part of the proffered Conditional Rezoning request, the applicant is requesting deviations to the minimum lot area, side yard setback, lot coverage, and landscape buffer requirements pursuant to Section 107(i) of the Zoning Ordinance. The specific deviation requests include: o A minimum lot area of 7,744 square feet, where 10,000 square feet is required by Ordinance o A five-foot side yard setback, where 10 feet is required by Ordinance o A maximum lot coverage of 35%, where a maximum of 30% is permitted by Ordinance for duplexes in the A-12 Apartment District o A five-foot-wide Category IV landscape buffer along the east and west property lines, where a 10- foot-wide buffer is required by Ordinance • As depicted on the proffered conceptual site plan, the required ten-foot-wide Category IV landscape buffer is provided adjacent to the northern property line. • Right-of-way improvements are proposed as shown on the proffered conceptual site plan, including a five- foot-wide sidewalk and a six-foot-wide public multi-purpose trail easement. To accommodate the protected bike lanes recommended along Euclid Road in the Active Transportation Plan, the Department of Parks & Recreation requested an eight-foot-wide right-of-way dedication to accommodate future needs. The current proposal includes an 11-foot-wide right-of-way dedication, exceeding the request from Parks & Recreation. • No signage is proposed as part of this development. Shakilah Verner Agenda Item 11 page 2 of 17 Each of the units will have a one-car garage and two off-street parking spaces, for a total of three parking spaces per unit. Per Section 203(12) of the Zoning Ordinance, the development requires a minimum of two spaces per dwelling unit, which is provided on site. Zoning History No Zoning History to Report f �R7i5 oV DER R,7/.5� �, OR Al2 FG ` 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 • • • Staff finds the request to conditionally rezone this 7,744 square foot parcel from R-7.5 Residential District to Conditional A-12 Apartment District to allow for the development of a duplex to be acceptable.Although the request includes several deviations from the Zoning Ordinance, staff finds that, when considered in its entirety, the proposal is consistent with the vision of the imagineVB 2040 Comprehensive Plan, advances the City's housing objectives, and represents a thoughtful infill development that is compatible with the surrounding neighborhood. The subject property is a vacant infill parcel located within the Central Village District of the Pembroke Strategic Growth Area (SGA), an area designated by the imagineVB 2040 Comprehensive Plan as a Local Center. The Comprehensive Plan encourages Local Centers to provide a diverse range of housing types, increase housing opportunities across varying affordability levels, and promote compact development patterns that Shakilah Verner Agenda Item 11 page 3 of 17 make efficient use of existing infrastructure. Appendix A of the Comprehensive Plan specifically identifies the A-12 Apartment District as a zoning district that can contribute to Center Place Types when appropriately designed within the surrounding context. While the adjacent neighborhood is characterized primarily by single-family homes within a Type 1 Neighborhood, the Comprehensive Plan recognizes that higher-density residential development may serve as an appropriate transition within Local Centers when designed to be compatible with nearby residential areas. Although the proposal is a transition from the predominantly single- family residences in the surrounding area, the design and scale of the proposed duplex are more in keeping with the residential character of the area. As such, staff finds rezoning the property to the A-12 Apartment District to be consistent with the adopted land use policies for this portion of the Pembroke SGA. The proposal also supports one of the City's most significant planning priorities, increasing the supply and diversity of housing. The imagineVB 2040 Comprehensive Plan specifically encourages increasing both the number of housing units and the variety of housing types throughout the City, recognizing that Virginia Beach must provide additional housing choices to meet current and future community needs. Duplexes represent an important "middle housing" type that provides an opportunity for additional residential units while maintaining a scale that is generally compatible with established neighborhoods. Although the proposal increases the residential density of the site from what would otherwise be permitted under the existing R-7.5 zoning, the resulting density of approximately 11.25 dwelling units per acre remains appropriate within the Local Center designation and provides a modest increase in housing supply without fundamentally altering the character of the surrounding community. A primary consideration in evaluating this request was ensuring an appropriate transition between the Local Center and the adjacent Type 1 Neighborhood. The Comprehensive Plan emphasizes providing compatible buffers between Centers and adjoining neighborhoods and encourages development that respects the scale and character of surrounding residential areas. Staff finds that the proposed building has been designed with this objective in mind. The duplex is limited to two stories with a maximum height of 30.5 feet, which is below the maximum height permitted in the A-12 District. The overall building footprint and massing are comparable to many larger single-family homes and avoids the appearance of a large apartment building. Furthermore, the architectural design incorporates residential elements commonly found throughout the surrounding neighborhood, including pitched roof forms, front porches, residential-scale windows, and quality exterior materials consisting of brick veneer, premium vinyl siding, architectural shingles, and PVC trim. These design features help establish a residential character that is compatible with nearby development and are consistent with the Comprehensive Plan's recommendation to incorporate architectural elements that foster neighborhood interaction and maintain a human scale. The proposal also includes a six-foot-tall earth-tone privacy fence and preserves the required ten-foot Category IV landscape buffer adjacent to the northern property line. Although five-foot-wide landscape buffers are proposed along the eastern and western property lines in lieu of the required ten-foot buffers, staff believes these enhancements strengthen the visual transition between properties and further advance the Comprehensive Plan's objective of providing attractive landscaping that complements surrounding neighborhoods. Staff acknowledges that the proposal requests deviations from several development standards, including minimum lot area, side yard setbacks, maximum lot coverage, and landscape buffer requirements. Under �Shakilah Verner Agenda Item 11 page 4 of 17 normal circumstances, the A-12 Apartment District requires a minimum lot area of 10,000 square feet for duplex development, ten-foot side yard setbacks, a maximum lot coverage of 30 percent, and ten-foot-wide Category IV landscape buffers adjacent to residentially zoned properties. Due to the existing configuration and limited size of this infill parcel, strict compliance with each of these standards would significantly limit the ability to develop the property in a manner consistent with the Comprehensive Plan's vision for increased housing opportunities within Local Centers. Staff finds the requested deviations to be relatively modest, are largely driven by the physical constraints of the site, and are offset by the overall quality of the site design, architectural treatment, buffering, and public improvements proposed through the conditional rezoning. The proposed public improvements provide additional benefits beyond the development itself.The applicant has proffered construction of a five-foot-wide sidewalk and a six-foot-wide public multi-use trail easement, along with an 11-foot-wide right-of-way dedication along Euclid Road. This dedication exceeds the eight-foot dedication requested by the Department of Parks& Recreation and will better accommodate future multimodal transportation improvements, including the protected bicycle facilities identified in the City's Active Transportation Plan. These improvements further advance the Comprehensive Plan's goals of improving pedestrian connectivity, expanding transportation choices, and creating safer, more walkable neighborhoods. Another notable aspect of the proposal is the driveway configuration. The Public Works Design Standards Manual generally encourages single, shared driveway access for single parcels. However, the applicant intentionally designed the site with two individual driveways, one serving each dwelling unit. Although this layout differs from the standard design guidance, staff believes it produces a streetscape that is more indicative of a single-family development by breaking up the visual width of a single expansive driveway and allowing additional landscaped area between the driveways and along the street frontage. The increased green space softens the appearance of the development, enhances neighborhood aesthetics, and provides additional opportunities for street trees and landscaping. Public Works has reviewed the proposed configuration and understands that the lot configuration presents unique design challenges. As a result, Public Works supports granting the necessary variance to permit the two-driveway configuration for this lot only, specifically due to the properties location within the Strategic Growth Area and while also recognizing that it provides an overall design benefit while maintaining safe vehicular access. The proposal also satisfies the applicable parking requirements of the Zoning Ordinance. Each dwelling unit includes a one-car garage and two additional off-street parking spaces, providing three parking spaces per unit where only two are required.This exceeds the minimum parking requirement while avoiding excessive paved areas that would otherwise increase impervious coverage. Throughout the review process, the applicant demonstrated a willingness to engage with the surrounding neighborhood and City staff to better understand community concerns and incorporate revisions where feasible. Staff recognizes that neighboring property owners expressed concerns regarding compatibility with the existing neighborhood, buffering, drainage, traffic, and the overall scale of the proposed development. While not every concern could be fully addressed due to the physical limitations of the property, the applicant modified the proposal and incorporated several design elements intended to lessen potential impacts on adjacent residences. Staff believes these efforts reflect a good-faith attempt to balance neighborhood concerns with the City's broader housing and land use objectives. Shakilah Verner Agenda Item 11 page 5 of 17 Overall, staff finds that the proposal represents a well-designed infill residential development that is consistent with the long-term vision established by the imagineVB 2040 Comprehensive Plan.The request provides additional housing within a designated Local Center, introduces a housing type specifically encouraged by the Comprehensive Plan, contributes public infrastructure improvements, and incorporates architectural features that are compatible with the surrounding residential neighborhood. While several zoning deviations are requested due to the limited size and configuration of the property, staff finds that these deviations are justified by the unique characteristics of the site and are adequately mitigated through the project's design, buffering, architectural quality, and proffered public improvements. For these reasons, staff concludes that the benefits of the proposal outweigh the requested deviations and recommends approval of the Conditional Rezoning, subject to the proffers listed below. Ems iga 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 Upon development, the Property shall adhere to the site layout, parking configuration, building design, setbacks, dimensions, sidewalk, and landscaping as generally shown and described in the exhibit titled "Conceptual Site Plan for Duplex 4916 Euclid Road," dated 07/06/2026 prepared by CECS (the "Concept Plan"). This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. Proffer When the Property is developed, it will have no more than one duplex with each unit containing a minimum of 2,000 square feet of enclosed living area. The duplex units as depicted on the Concept Plan shall have front- entry one (1) car garages and one driveway per unit. The duplex shall utilize quality architectural features, design elements, and exterior building materials substantially as depicted and described on the building renderings for 4916 Euclid Road dated 06/01/2026, which have been incorporated by reference into this proffer. Proffer In lieu of the 30% maximum lot coverage, 10ft side yard setback and a Category IV landscape screening, and the 10,000 sq ft minimum lot area in the A-12 zoning classification for duplex dwellings pursuant to Section 602(b) and 603 of the Zoning Ordinance, (35%) maximum lot coverage, Sft side yard setback and a 5 ft landscape buffer on the eastern and western property lines with the plantings depicted on the Concept Plan, and 7,744 sq ft minimum lot area, will be permitted to allow improvements depicted on the Concept Plan. Proffer 4 Grantor shall cause the Property to comply with Appendix B of the City Code as it relates to the conveyance of land recorded at DB 728 PG 468 prior to the approval of the site plan for the duplex. Shakilah Verner Agenda Item 11 page 6 of 17 Proffer Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision 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. Comprehensive Plan Information The Comprehensive Plan identifies the subject property as being located within the Central Village District of the Pembroke Strategic Growth Area (SGA) and designates the area as a Local Center(p. 96, imagineVB 2040 Comprehensive Plan).The land use policies and principles of the imagineVB 2040 Comprehensive Plan and the Pembroke SGA Implementation Plan establish a vision for compact, mixed-use, walkable development that supports a range of housing opportunities while maintaining compatibility with surrounding neighborhoods. The Comprehensive Plan further recognizes that the A-12 Apartment District is an appropriate zoning district that can contribute to the development of Center Place Types, supporting the provision of diverse residential housing within these areas (p. 214, imagineVB 2040 Comprehensive Plan). The Comprehensive Plan describes Local Centers as compact, low-to-moderate intensity places that provide a diverse range of housing options for people across all income levels while serving the daily needs of surrounding neighborhoods through small-scale services and neighborhood-oriented development . 151- 153, imagineVB 2040 Comprehensive Plan).The guiding principles for Local Centers encourage increasing the number and diversity of housing units with an emphasis on housing attainability, promoting compact development patterns, and minimizing the amount of land devoted to automotive parking in order to create more walkable and efficient communities (p. 153, imagineVB 2040 Comprehensive Plan). The Pembroke SGA Implementation Plan further identifies the property as being located within an Edge Zone, which is intended to accommodate a lower intensity of development characterized by lower building heights and conventional setbacks that provide an appropriate transition to adjacent neighborhoods (p. 57, Pembroke SGA Implementation Plan). The Implementation Plan envisions the surrounding district as an eclectic, mid-to low-rise commercial and urban residential area featuring live-work units, lofts, rowhouses, and smaller-scale mixed-use buildings that contribute to a vibrant and pedestrian-oriented environment (p. 34, Pembroke SGA Implementation Plan). Additionally, the Comprehensive Plan identifies adjacent Type 1 Neighborhoods as areas intended to provide well-landscaped, quiet, and safe settings primarily consisting of single-family homes, emphasizing the importance of ensuring that new development is compatible with nearby residential neighborhoods(p. 175, imagineVB 2040 Comprehensive Plan). 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. Shakilah Verner Agenda Item 11 page 7 of 17 Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use (vacant lot)-0 Euclid Road 4,400 ADT' 12,500 ADT'(LOS a ADT Existing Land Use Z-10 ADT Proposed Land Use 3-20 ADT 'Average Daily Trips 2As defined by a 3As defined by a 4LOS = Level of 7,774 square foot duplex Service single-family lot Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Euclid Road, in the vicinity of this application, is considered a two-lane undivided minor urban arterial. It is not included on the MTP. Active Transportation Plan(ATP) The Active Transportation Plan calls for a protected Bike Lane along Euclid Road. While this facility would be difficult to install in segments, one lot at a time, Parks & Recreation recommends an 8-foot-wide right-of-way dedication to provide adequate width to accommodate the bike lane in the future, as well as existing sidewalks to be improved to satisfy the minimum 5-foot wide standard. Public Utility Impacts water There is an existing 10-inch city water main along Euclid Road.The site must connect to city water. Sewer There is an existing eight-inch city sanitary sewer gravity main along Euclid Road. The site currently connects to city sewer. School School Current Enrollment Capacity Generation' Change' Point O'View Elementary 684 students 635 students 1 student 1 student Larkspur Middle 1,473 students 1,329 students 0 students 0 students Kempsville High 2,002 students 2,029 students 0 students 0 students Shakilah Verner Agenda Item 11 page 8 of 17 1 "Generation" represents the number of students the development will add to the school. 2 "Change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • The applicant conducted extensive public outreach throughout the development of the proposed project, beginning in August 2025 and continuing through the submission of the revised application in June 2026. Early efforts included meetings with elected officials and City representatives, including Council Member Jackson-Green, Dr. Amelia Ross-Hammond, Vice Mayor Wilson, and Mayor Bobby Dyer, to discuss the proposed development and gather feedback. During this same period,the applicant met with adjacent property owners to introduce the project and discuss any questions or concerns, and later contacted members of the Planning Commission by telephone to provide information regarding the proposal. In January 2026, the applicant expanded outreach by introducing the project through the Nextdoor social media platform, providing an overview of the proposal and contact information for community members seeking additional information.Throughout February, the applicant attended meetings at Discovery Church, a neighborhood gathering place, to engage with residents. In March and early April, the applicant conducted multiple rounds of door-to-door outreach within the surrounding community, introducing the project, answering questions, providing contact information, and distributing informational door hangers to encourage continued communication. Following this outreach, the applicant met with City staff and representatives on April 2, 2026, to discuss community concerns and potential revisions to the proposal, including consideration of a duplex development as a compromise. A community meeting was subsequently held at Discovery Church on April 16, 2026, to present the project, receive additional public feedback, and discuss concerns related to the building's height and scale. In response to the comments received, the applicant withdrew the original application at the end of April 2026 and submitted a new application on June 1, 2026, incorporating revisions that reduced the building's height and overall size.The applicant has also indicated an intent to continue outreach by contacting community leaders to discuss the revised proposal and address any remaining concerns. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 29, 2026, and August 5, 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 July 27, 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 August 6, 2026. Shakilah VernerM1 Agenda Item 11 page 9 of 17 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 18, 2026 and August 25, 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 August 17, 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 August 28, 2026. Shakilah Verner Agenda Item 11 page 10 of 17 el S LOT 13 BLOCK I _,.,�.. Hill OPW.' 1477-1J-6191 LOT 4-EXCEPT 2.56' t I. PERRY S 8 R'CCK 1 REVDC.4BL£TRUST GPM: ,Tr 13 6034 •...,u' WT./20MI2813J SFAK6AH VERN_R • �Yp'la P B< IVST..t K2103041116 6 ' ZONE R-Z5 LOT 12 BLOCK 1 L�Qg€�gBj OPIN: 1477-13-7055E.s@3•�g ppg gg5! f LAME VAN L1ER� ' ZONE..R-7.5 ?/S S 39'26'00'E 77,44' R E VOM MAP FENCE ec>�E moo FENCE ; - 0.7' 0.5, OVER o w OVER > 10'BSL(REAR) -¢ o PROPOSED 6'SOLD w ! PRVACY FENCE PROPOSED 5'BSL(SIDE) i wnu 1dP PROPOSED 5'B%(SIDE) O ®m-iWw fRM tll ,.r .nv r,voID a,am lx iMWRn 1t1-,fin uWLCR ;_ EXIS?ING 3'CHAINLINK FENCE 0 TO BE REMOVED 3 LOi J ItLOT 5 2.56'OF LOT 4 FENCE JNR JNIT °o BLOCY(1 BLOCK 1 0. 1 Z n JANET F. 12-6988 EMWY - CPNL'1477-t3-5170 OVER ;' o R1L'H4RD A NELIfR Wpi 1NST./202206007406 d MSTf 2012MOM29 p ZONE R-75 30' BSL Rav) 20c,R-Z5 /4912 /4920 w 0 o TO b 3871 TO THE CIL OF ' N4RRA0AASM DRAT Z s f 3.6 mvK I I EXISTING DRNEWAY J We TO BE REMOVED K 0 P 1]1 t 55 UIEAAL 4T anaatt v'oda"xnc plwlC/L wW w yAQq f1J 'j WTN SS C.O. L) S)a•WM SOMCl LAE C0N G�'W.Diw 1"Rttx"D EUCLID ROAD s/e• (50' R/W) D Ln e a PROPOSED 6'PUBJC� ,a m S ® MUTI-PURPOSE (D CO TRA EASEMEN" (p ELI fl7 ElffT NJAO3i _ : rD (D O Z I� F� ((DD Proposed Elevations FRONTVIEW White 4"PVCTrim,Sri, t White and Gray PremiLan Vlnyi Siding. Maximum Neigh Architectural Shingted Hoot, 305Feet Brick Veneer o =1114i1i11„ NII III(! 1 i Renderings(4916 Euctid Road)Page 1 of dated 6/01/2026 RIGHT SIDE VIEW i Renderings(4916 Euctid Road)Page 2 of 4 dated 6/01/2026 1 Shakilah Verner Agenda Item 11 page 12 of 17 Proposed Elevations _. Al . ��'• r r F f R 'K +f .: r k .* ZA ® *� l A. �4 s Site Photos ,S. sue:... �� J 41 F t Ry ' Y �ww r. v .M* .v� Disclosure DisclosureCITY OF VB' 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. SECTION APPLICANT • APPLICANT INFORMATION Applicant Name: as listed on application Shakilah Verner Is Applicant also the Owner of the subject property? Yes@ No4 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No@ If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo@ If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'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? Yeso No • If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, Q Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Shakilah Verner Agenda Item 11 page 15 of 17 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER (Name entity and or individual .Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O Mr.Brian Meekins Architect/Land Planner Construction Contractor O Mr.Don Weeks Engineer/Surveyor/Agent Q Mr.Issam Baraki Legal Services 0 C) Mr.Grady Palmer 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. Shakilah Verner D*'a"sgxd by st'".h Shakilah Verner VB1�` Dare:2026.06.01 16:0121-041001 06/01/2026 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. Z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 8/17/2026 Marchelle L. Coleman "�c' 8/17/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Shakilah Verner Agenda Item 11 page 16 of 17 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Shakilah Verner Agenda Item 11 page 17 of 17 Prepared by: Grady A. Palmer.(VSB#45730) Williams Mullen 222 Central Park,Ave.Suite 1700 Virginia Beach,VA 23,162 Shakilah Verner, a Virginia Beach resident TO(PROFFERED COVENANTS, RESTRICTIONS, AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia GPIV: 14771360340000 AGREEMENT �,�, THIS AGREEMENT("Agreeinen#") is made as of the 1 clay of �CJ ,2026, by and between SHAKILAH VERNER, (together with its successors andloi assigns, the "Grantor"), to be indexed as grantor, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"; together with the Owner, collectively, the"Parties"), to be indexed as gratitee, WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach,Virginia identified by GPIN No. 14771360340000,as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the "Property"); WHEREAS, the Grantor has initiated a conditional amendment to (lie Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R 7.5 Residential District to Conditional A-12 Apartment District; WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,the following conditions and restrictions which shalt restrict and govern the physical development, operation and use of(lie Property, to be incorporated as a part of the previously adopted amendment to the Zoning Map; WHEREAS, said conditions having been proffered by (lie Grantor and allowed and accepted by the Grantee as part of the anendment to the Zoning Ordinance,such conditions shall continue in fitli force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue 1 despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by Written instrument recorded in the Clerks Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument;provided, further,that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public Bearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, Which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and Without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby 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 these proffers(collectively, the "Proffers") shall constitute covenants running With the said Property, Which shall be binding upon the Property and upon all parties and persons claiming under or tluough tite Grantor,its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: l. Upon development, the Property shall adliere to the site layout,parking configuration, building design, setbacks,dimensions, sidewalk,and landscaping as generally shown and described in the exhibit titled "Conceptual Site Plan for Duplex 4916 Euclid Road," dated 07/06/2026 prepared by CECS(the "Concept Plan").'Phis Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. 2 2. When the Property is developed, it will have no more than one duplex with each unit containing a minimum of 2,000 square feet of enclosed living area. The duplex units as depicted on the Concept Plan shall have front-entry one(1)car garages and one driveway per unit. The duplex shall utilize quality architectural features,design elements, and exterior building materials substantially as depicted and described on the building renderings for 4916 Euclid Road dated 06/01/2026, which have been incorporated by reference into this proffer. 3. In lieu of the 30% maximum lot coverage, 1 oft side yard setback and a Category IV landscape screening, and the 10,000 sq ft minimum lot area in the A-12 zoning classification for duplex dwellings pursuant to Section 602(b) and 603 of the Zoning Ordinance,(35%)maximum lot coverage, 5ft side yard setback and a 5 ft landscape buffer on the eastern and western property lines with the plantings depicted on the Concept Plan, and 7,744 sq ft miniinum lot area,will be permitted to allow improvements depicted on the Concept Plan. 4. Grantor shall cause the Property to comply with Appendix B of the City Code as it relates to the conveyance of land recorded at DB 728 PG 468 prior to the approval of the site plan for the duplex. 5. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision 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 zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia ("CZO"), in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, 3 including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet ail conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for file review thereof prior to instituting proceedings in court; and (4)the 'Zoning Map shall show by ail appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. This Agreement constitutes the full and entire agreement between the Parties with regard to the subject matter hereof and supersedes any other prior promises, representations or warranties(oral or otherwise) made by any person. IN WITNESS WHEREOt,, the Parties have authorized and duly executed and delivered this Agreement as of the date first above written. GRANTOR: Shakilah r er r COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing Agreement was acknowledged before me in the jurisdiction aforesaid this_j&A4N day of 3V14 ,2426, by Shakilah Verner. My commission expires: �VVv� &/ Notary Registration No.: 4,,y 4 Notary Public TAI LESHA COLEMAN Notary Public Commonwealth of Virginia Registration No,00354594 My Commission Expires Jun 30,2029 5 Exhibit A ALL THAT certain lot,piece or parcel of land,situate in the City of Virginia Beach, State of Virginia, being known,numbered, and designated as Lot roar(4),in Flock One()),as shown on the plat of Pocahontas Village,which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at Page 7, sane and except the northwesterly 2,56 Feet thereof which was conveyed by deed recorded in the aforesaid Clerk's Office in Deed Book 728,at page 468. G Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #11 Shakilah Verner Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next matter is agenda item 11, Shakilah Verner. Is there a representative here today to speak on this matter? Welcome. Please state your name for the record. Ms.Verner: Thank you, Shakilah Verner. Ms. Byler: Are the conditions acceptable to you? Ms. Verner: Yes, ma'am, they are acceptable, and I also just want to share my deepest gratitude to all of you all for this. This is my second time around,and I just want to thank you all for talking to me, supporting me, providing guidance, and to the entire planning staff, I appreciate you all. And to Marchelle, for doing a tremendous job on my proposal, I'm very grateful. Thank you. Ms. Byler: Thank you, Ms. Verner. You may be seated. Ms. Verner: Thank you. Ms. Byler: Is there any opposition to this matter being added to the consent agenda? Hearing none, I've asked Commissioner Mauch to read it into the record. Mr. Mauch: The applicant, Shakilah Verner, is requesting to rezone a 7,744 square foot parcel from R-7.5 Residential to Conditional A-12 Apartment District to develop a duplex. The parcel, fronting Euclid Road, is currently vacant, situated within the Pocahontas Village neighborhood, and lies in the Central Village District of the Pembroke Strategic Growth Area. The request to conditionally rezone this parcel from R-7.5 Residential to Conditional A-12 Apartment District to allow for the development of a duplex is acceptable by planning staff, commission members, and having no opposition present,we have decided that it's acceptable for this item to be placed 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. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Schoonover: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now 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 virtually or in person,but you are 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 Proffers Proffer 1 Upon development, the Property shall adhere to the site layout, parking configuration, building design, setbacks, dimensions, sidewalk, and landscaping as generally shown and described in the exhibit titled "Conceptual Site Plan for Duplex 4916 Euclid Road," dated 07/06/2026 prepared by CECS (the "Concept Plan"). This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. Proffer 2 When the Property is developed, it will have no more than one duplex with each unit containing a minimum of 2,000 square feet of enclosed living area. The duplex units as depicted on the Concept Plan shall have front-entry one (1) car garages and one driveway per unit. The duplex shall utilize quality architectural features, design elements, and exterior building materials substantially as depicted and described on the building renderings for 4916 Euclid Road dated 06/01/2026, which have been incorporated by reference into this proffer. Proffer 3 In lieu of the 30% maximum lot coverage, 10ft side yard setback and a Category IV landscape screening, and the 10,000 sq ft minimum lot area in the A-12 zoning classification for duplex dwellings pursuant to Section 602(b) and 603 of the Zoning Ordinance, (35%) maximum lot coverage, 5ft side yard setback and a 5 ft landscape buffer on the eastern and western property lines with the plantings depicted on the Concept Plan, and 7,744 sq ft minimum lot area, will be permitted to allow improvements depicted on the Concept Plan. Proffer 4 Grantor shall cause the Property to comply with Appendix B of the City Code as it relates to the conveyance of land recorded at DB 728 PG 468 prior to the approval of the site plan for the duplex. Proffer 5 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. From: Janet Emory To: Marchelle Coleman Subject: 4916 Euclid Rd Date: Friday,August 7,2026 10:43:04 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 asking for a "no" vote on this rezone request from single family to apartment designation. Why are there zoning ordinances if those ordinances can be changed willy nilly by someone who may have over purchased on a vacant lot, so they can benefit by huge profits. I ask the zoning committee to save the integrity of my neighborhood, and vote no on this zoning request. Sincerely, Janet Emory 4912 Euclid Rd Pocohontas Village From: eabete(c verizon.net To: Marchelle Coleman Subject: 4916 EUCLID RD ADDRESS Date: Tuesday,August 11,2026 1:33:54 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms.Coleman, I'm writing about the property at 4916 EUCLID RD. While Ms.Verner,the owner of the property, may have redesigned the plans from a 3-story, 3 apartment complex to a 2-story, 2 apartment building, it still does not fit in with the Pocahantas Neighborhood! Therefore, I oppose approving the design change! It can be a 2-story, single family residence, but not a 2 apartment building. I was at the first Planning Commission Meeting and spoke then. I attended the City Council public hearing. I will not be able to attend tomorrow's meetings as I will be traveling out of town. Regards, Edward Abete 4924 EUCLID RD VIRGINIA BEACH VA 23462 Phone: 757-383-3945 E-Mail: eabetel@verizon.net SD(/THPO�� PB2 Q� O� A36 cF B3 02 �Z pFAF P�� Q cF k�ti Site Unique Hearts, LLC Zoning 408 Investors Place, Suite 107 "*E Property Polygons Feet 0 55 110 220 330 440 Map created by Planning Department on 8/17/2026 X1: �0!t, s� 184- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: UNIQUE HEARTS, LLC [Applicant] VB IBC GROUP, LLC & CPG INDEPENDENCE LLC [Property Owners] Conditional Use Permit (Adult Daycare) for the property located at 408 Investors Place, Suite 107 (GPIN 1477507183). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: September 1, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for an Adult Daycare within an existing 1,700-square-foot suite of an existing building. The Adult Daycare will provide supervised day support services to a maximum of 7 intellectually or developmentally disabled clients at a time. The proposed hours of operation are Monday through Friday, 8:00 a.m. to 3:00 p.m. The facility will have 2 staff members on-site to provide supervision and support. Neither overnight nor residential care is proposed. ■ Considerations: Staff finds, and the Planning Commission concurred, the request to be acceptable as proposed. The site is located within a Local Center (Edge) Place Type which envisions uses and developments that serve residents' daily needs, small-scale services, and civic/community uses tailored to surrounding neighborhoods. The use will provide a needed and valuable service to the community and is considered compatible. Staff received 1 Petition of Support with 1 signature. 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 August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to operate in 408 Investors Place, Suite 107. 2. Any future site or building modifications should be reviewed for consistency with the Local Center (Edge) Place Type, including improved sidewalk connections, clearly marked pedestrian routes, safe separation between Unique Hearts, LLC Page 2 of 2 vehicular and pedestrian circulation, bicycle parking near the entrance, and appropriate landscaping, lighting, and screening where applicable. 3. 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. 4. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. 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 Petition of Support (1 signature) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:ioQ Agenda A.• Unique Property • : IBC Group, LLC & CPGIndependence • • ' • 1 • VB� CouncilCity i- Project Details Request Conditional Use Permit (Adult Daycare) 761 44 <`�-..BONS'+Ap ' ':.. ' y°48FNftR Staff Recommendation 264 — SOUiN BLVD _ Approval r qON " " A StaffPlanner Arianna Lowp° e*. 4:� Location "�Fq KFERE 'aq "iR7EiUyR F,yF, � ... 408 Investors Place Suite 107 �t&stavx<;yrF'q 4P L ti c sPinr ame c�� 4° ce sx�rvxi 1477507183 Av Site Size P�\P� �9 �p�rFO f�PO °p �ryC�e�L' r� — — 5.09/�acres yctr°c�;,.?e°� p;FEa ° A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay tA_ e r Existing Land Use and Zoning District Office/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts North Office/ 1-1 Light Industrial + r+ South Investors Place Office/ 1-1 Light Industrial ;.,; ;ego �oQ��� � :��•.; East Mini-warehouse/ 1-1 Light Industrial West Hotel / 1-1 Light Industrial Unique Hearts, LLC Agenda Item 13 page 1 of 13 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate an Adult Daycare facility within an existing 1,700-square-foot suite on a 5.09-acre parcel zoned 1-1 Light Industrial District. • The proposed facility will operate within an existing one-story building designed for office and business uses. The Adult Daycare will function solely within Suite 107. No building modifications are proposed with this request. • The Adult Daycare will provide supervised day support services to a maximum of 7 clients at a time with intellectual and developmental disabilities. Services include daily living skill building, socialization, recreational activities, community engagement preparation, and supportive supervision. • The proposed hours of operation are Monday through Friday, 8:00 a.m. to 3:00 p.m.The facility will have 2 staff members on-site to provide supervision and support. Overnight or residential care is not proposed. • In accordance with Section 203 of the Zoning Ordinance, Daycare Centers must provide 1 parking space per 300 square feet of floor area. The 1,700-square-foot facility requires 5 parking spaces, and the site contains approximately 25 parking spaces within the shared lot to accommodate the general office uses within the complex, meeting the parking requirement. Although 5 spaces are required by the Ordinance, minimal additional parking demand is expected, as clients will not drive to the site, rather they will arrive and be picked up via third-party transportation, family members, or staff. Unique Hearts, LLC Agenda Item 13 page 2 of 13 Zoning • Map Key No. Request a36 / +e2 �t CUP (Adult Daycare)ApprovedAL 1 07/08/2025 a p 2 CUP(Veterinary Clinic)Approved B2 moo! 12/09/2014 3 CRZ (A-18 to Conditional A-36) Approved 10/08/2013 sti i1 i1 4 CUP (Self Storage) Approved 4 ?64 e�AFti y 0/0/2001 �`o°�yc5 02 5 CUP A �` Approved 10/29/1996 83 02/ ,Qv /�/o aQ- Pi 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 Unique Hearts, LLC Agenda Item 13 page 3 of 13 Evaluation • • • The request for a Conditional Use Permit to operate an Adult Daycare facility located at 408 Investors Place, Suite 107 is, in Staff's opinion, acceptable.The use provides a community serving support service that can align with the Local Center(Edge) Place Type vision for daily needs, small scale services, and civic/community uses tailored to surrounding neighborhoods. Since there are no exterior modifications proposed, the request does not present significant design concerns at this time. The proposal, as presented, ensures that the existing site can safely accommodate the proposed use, including any pick-up/drop-off activity associated with the adult support center, demonstrated ADA accessible routes, and pedestrian circulation. Overall, the facility provides valuable support services for adults with disabilities, which promotes the general welfare of the community. All activities associated with the facility will take place exclusively within the designated unit, ensuring that operations will not negatively impact surrounding properties.These activities will be managed by professionally trained staff, maintaining a controlled and supportive environment. Furthermore, the on-site parking requirements have been met, and the use is not anticipated to create additional parking demand, as the clients will not utilize the spaces. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to operate in 408 Investors Place, Suite 107. 2. Any future site or building modifications should be reviewed for consistency with the Local Center (Edge) Place Type, including improved sidewalk connections, clearly marked pedestrian routes, safe separation between vehicular and pedestrian circulation, bicycle parking near the entrance, and appropriate landscaping, lighting, and screening where applicable. 3. 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. 4. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. 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 Unique Hearts, LLC Agenda Item 13 page 4 of 13 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 The Comprehensive Plan identifies the site as being located within a Local Center (Edge) Place Type. Local Centers are compact, low-to-moderate intensity settings with a diverse range of housing types for people across all income levels, emphasizing locally oriented businesses and civic uses (p. 151, imagineVB 2040 Comprehensive Plan). They will have a mix of land uses and activities that are within convenient walking distance and will feature accessible, walkable, and human-scale patterns. (p. 151, imagineVB 2040 Comprehensive Plan). Local Centers prioritize daily needs and small-scale services tailored to surrounding communities (p. 153, imagineVB 2040 Comprehensive Plan). 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. Unique Hearts, LLC Agenda Item 13 page 5 of 13 Traffic Implacts/Trapsportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z- Unknown Unknown ADT 1(LOS a Investors Place Unknown ADTl „D„) Proposed Land Use 3-No Data Available 1 Average Daily Trips 'As defined by an 'As defined by an 'LOS = Level of Assisted Living Facility Adult Daycare Service Master Transportation Plan(MTP)and Capitallmprovement Program(CIP) Investors Place is a two-lane commercial cul-de-sac. The roadway is not included in the MTP and no roadway CIP projects are slated for this area. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. ImpactsPublic Utility WaterandSewer The site currently connects to city water and sewer. PublicOutreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. A petition of support with 1 signature was received. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August S, 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 July 27, 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 August 6, 2026. Unique Hearts, LLC Agenda Item 13 page 6 of 13 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 18, 2026 and August 25, 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 August 17, 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 August 28, 2026. Unique Hearts, LLC Agenda Item 13 page.7 of 13 Proposed Site Layout t 0_ i F Baiar. � P < r S JF �� 4s a� F i µ a �J r Y � r Site Photos mow AO v. s e 1 Unique Hearts, LLC Agenda Item 13 page 9 of 13 Disclosure CITY OF VIRGINIA Disclosure V_is Statement move BEACH The disclosures contained in this form are necessary to inform public officials who may vote nn the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this forrn is required for all applications that pertain to City real estate matters onto thedevelopment 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 an application.. LL_Q_ _�.. Is Applicant also the Owner of L e subject property? Yeso Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso Noo If yes,name Representative: Nt fr'r_ Is Applicant a corporation,partnership,film,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 P ss�a affiliatedbusiness i entity relationship with the applicant.(Attach list if necessary.) arer � f ra/r c Pva , ISs�sT +� 7 +cc�W 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? Yeso No0 If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary) -- SERVICE YES NO SERVICE PROVIDER _ (Name entity and orindividual Financing(mortgage,deeds of trust, cross-call ate ralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement i rev. M a y•2024 page 1 of 3 Unique Hearts, LLC Agenda Item 13 page 10 of 13 Disclosure SECTION • •• SERVICE YES NO - SERVICE PROVIDER (Name entity and/or individual) Accounting/TaxReturn Preparation Architect/Designer/landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent O 4 Le al Services 0 O ����rt r�t gal 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. 1 Get ..._. - /,I zV Appl cant Name(Print) App ica t 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(lit)there is shared management orcontrol 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 Vo.Code§2.2-3101. FOR CITY USE ONLY: August 17, 2026 No changes as of(date): Arianna Low ,A� ,�� August 17, 2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Unique Hearts, LLC Agenda Item 13 page 11 of 13 Disclosure SECTIONPROPERTY w PROPERTY OWNER INFORMATION Property Owner Name: as listed on upplication VBIBC Group,LLC and CPG Independence,LLC Is the Owner 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 hove a parent-subsidiary x or officiated business entity relationship with the applicant.(Attach list if necessary.) VBIBC Group is a Delaware Limited Liability Company.Brett Whitehead,Manager,CPG Independence C is a NC Limited Liability Company John Raihwell,Manaieer _ 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 ublect land or any proposed development contingent on the subject public action? Yes 0 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 ore being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity 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-collaterali2ation,etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation ! 0 9 Architect/Designer/Landscape Q Architect/Land Planner_ Construction Contractor i �a En sneer/Surve or/Agent mar L�egalServices 01 do 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 committef in connection with this application. CPG Independence,LLC.John Rothwell,Manager �ft MA Property Owner Name(Print) P erty Ow r Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Unique Hearts, LLC Agenda Item 13 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. Unique Hearts, LLC Agenda Item 13 page 13 of 13 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #13 Unique Hearts, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next matter is agenda item 13,Unique Hearts,LLC. Is there a representative here to speak on this? Welcome, ma'am. Please state your name for the record. Ms. Deal: Kayla Deal. Ms. Byler: Thank you,Ms.Deal. Are the conditions acceptable to you? Ms. Deal: Yes. Ms. Byler: Thank you. You may be seated. Ms. Deal: Thank you. Ms. Byler: Is there any opposition to this being added to the consent agenda? Hearing none, I have asked Commissioner Anderson to read it into the record. Mr.Anderson: Thank you. This is agenda item number 13, located at 408 Investors Place. The applicant is requesting a conditional use permit to operate an adult daycare facility within an existing 1,700 square foot suite on a 5.09 acre parcel, zoned I-1 Light Industrial District. The proposed facility will operate within an existing 1-story building designed for office and business uses. The adult daycare will function solely within Suite 107. No building modifications are proposed with this request. Hearing no opposition, we put this on the consent agenda. Ms. Byler: Thank you, Commissioner Anderson. (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. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3,4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Byler: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now 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 virtually or in person, but you are 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 Conditional Use Permit for the Adult Daycare facility shall be limited to operate in 408 Investors Place, Suite 107. 2. Any future site or building modifications should be reviewed for consistency with the Local Center (Edge) Place Type, including improved sidewalk connections, clearly marked pedestrian routes, safe separation between vehicular and pedestrian circulation, bicycle parking near the entrance, and appropriate landscaping, lighting, and screening where applicable. 3. 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. 4. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. 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. Day Support 408 Inv"tors Place,Suite 107,Virginia Reach,VA 23452 757-472-8441 I uniquehearts2l i gmall,com %N ww.uniqueheartsllc.com NEIGHBOR SUPPORT LETTER & SIGNATURE PAGE Project Summary Unique Hearts LLC is seeking approval to operate Day Support at 408 Investors Place,Suite 107,Virginia Beach,Virginia.These services support individuals with intellectual and developmental disabilities by providing supervised community activities,skill-building opportunities,and individualized supports that promote independence,inclusion,and quality of life.The program is designed to operate in a professional manner while being respectful of neighboring businesses and the surrounding community. Statement of Support By signing below,I acknowledge that 1 have been informed of the proposed application submitted by Unique Hearts LLC,have had an opportunity to ask questions,and support the proposed use at this location.I respectfully request that the Planning Commission and City Council consider my support when reviewing this application. Neighbor Signatures Printed Name _ Address Signature Date Submitted By Unique Hearts LLC Kayla meal/Nancy Greene,Owner/Administrator 408 Investors Place,Suite 107 Virginia Beach,VA 23452 Email:uniquehearts2l@gmail.com B2('WC) S2(: C a AN cN B A24( CI "2 <a f ® site Casa de Nuevos Comienzos Zoning 230 Clearfield Avenue, Suite 103 Property Polygons Feet 0 70 140 280 420 560 Map created by Planning Department on 8/17/2026 Mt. AIA 8i 4'• tiff ^c 47-1 t� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CASA DE NUEVOS COMIENZOS [Applicant] TRC CENTER, LLC [Property Owner] Conditional Use Permit (Religious Use) for the property located at 230 Clearfield Avenue, Suite 103 (GPIN 1467655795). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: September 1, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Religious Use within a 5,313-square-foot portion of an existing building. The applicant currently operates in a 3,995-square-foot suite and wishes to expand into adjacent suites. The sanctuary currently contains 150 seats and is not proposed to increase with the expansion. A total of five employees are expected to support the use. The proposed hours of operation will be Monday through Friday from 7.00 p.m. to 10:00 p.m., Saturdays from 9:00 a.m. to 1:00 p.m., and Sundays from 9:00 a.m. to 2:00 p.m. Except for the addition of a bike rack, no exterior changes are proposed with this request. ■ Considerations: Staff finds, and the Planning Commission concurred, the request to be acceptable as proposed. The Religious Use is located within a Western Campus District of the Pembroke Strategic Growth Area (SGA) and within a City Center Edge Place Type, which envisions a compact, walkable, mixed-use environment. The use will provide a needed and valuable service to the community and is considered compatible. 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 August 12, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The Conditional Use Permit for a Religious Use applies solely to 230 Clearfield Avenue, Suite 103. 2. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. Casa de Nuevos Comienzos Page 2 of 2 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. 4. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 5. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 6. A bike rack shall be installed at or near the main entrance of the property. 7. The hours of operation shall not exceed Monday through Friday from 7:00 p.m. to 10:00 p.m., Saturdays from 9:00 a.m. to 1:00 p.m., and Sundays from 9:00 a.m. to 2:00 p.m. 8. 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 City Manager: Agenda I •• •' Nuevos Comienzos Property ••• Owner: Planning • • • • - CouncilCity / (Ross-Hammond) Project Details R uest � �' ~7 '' 2 a �l��F q9 h'z �F WEAVER OF WEAVER" � � � Conditional Use Permit (Religious Use) oa'' Staff Recommendation CRC Approval Staff Planner Arianna Low L Location 230 Clearfield Avenue, Suite 103 -g GPIN q Y BLESTKER 1467655795 _ sr_ Ro — .. _s s ERN BLVD—-- Site Size 15.1 acres A/CUZ Less than 65 dB DNL .% Watershed Chesapeake Bay Existing Land Use and Zoning DistrictR Office/ 1-1 Light Industrial, B-2 Community Business Surrounding Land Uses and Zoning Districts North c Retail, motor vehicle sales, / B-2 Community ��FLFI_ e � � Q q /` ' w Business South / .•: r�� _ ; Office, mini-warehouse/ B-2 Community Business East Multi-family dwellings/A-24 Apartment West Clearfield Avenue Offices/ 1-1 Light Industrial, B-2 Community Business Casa de Nuevos Comienzos Agenda Item 14 page 1 of 15 ',-Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Religious Use within a 5,313 square-foot portion of the existing building located in the 1-1 Light Industrial District. • The site is located within the Western Campus Overlay District of the Pembroke Strategic Growth Area (SGA) . • The church is currently operating within an existing 3,995 square foot suite within an existing office building. The applicant seeks to expand the use by 1,318 square feet into adjacent suites, resulting in a total of 5,313 square feet, to better accommodate services and community activities. No building modifications are proposed. • Religious uses with a maximum floor area of 4,000 square feet are permitted by-right within the 1-1 Light Industrial District; however, if the floor area exceeds 4,000 square feet, a Conditional Use Permit is required. • The main sanctuary area contains 150 seats and is not proposed to increase with the expansion. The additional space will primarily be used for classrooms, offices, ministry support functions, fellowship activities, and other church-related uses. • The proposed hours of operation are Monday through Friday from 7:00 p.m. to 10:00 p.m., Saturdays from 9:00 a.m. to 1:00 p.m., and Sundays from 9:00 a.m. to 2:00 p.m.The church currently has 5 employees and does not anticipate adding additional employees with this request. • Per Section 203(a)(28.1) of the Zoning Ordinance, 1 parking space per 5 seats or bench seating in the main auditorium is required for a Religious Use. A total of 30 parking spaces is required for the proposed 150- seat sanctuary.The site contains approximately 25 assigned parking spaces and has access to additional surrounding spaces in the large parking lot to accommodate the general office uses within the complex, meeting the parking requirement. • The following parking management practices have been utilized under the by-right use and the applicant plans to continue to implement them, if needed; use of volunteer parking attendants during larger services and special events; directing attendees to available parking spaces throughout the shopping center; maintaining clear access to fire lanes, drive aisles, loading zones, and emergency access areas; encouraging respectful use of shared parking areas; monitoring attendance and parking demand during major events; and scheduling most activities during evenings and weekends when surrounding office occupancy is reduced. Casa de Nuevos Comienzos Agenda Item 14 page 2 of 15 Zoning • Map Key No. Request MDP Approved 11/18/2014 R7.5 ez(wc, ' CUP (Car Wash) Approved 09/13/2011 MDP Approved 10/24/2006 U4 MDP Approved 03/08/2005 tk BY(WC CUP (Motor Vehicle Sales) Approved f'J A24(WC) 05/28/2002 1' CUP (Motor Vehicle Sales) Approved .... `f / 10/23/2001 fr 1 CRZ (R-7.5 to Conditional B-2) Approved 10/23/2001 -- CUP (Motor Vehicle Sales) Approved 11(WC} 10/10/2000 CUP (Motor Vehicle Sales) Approved 12/06/1994 REZ (R-7.5 to B-2) Approved 12/06/1994 CUP (Parking&Storage) Approved 05/25/1993 2 CRZ Approved 01/11/2005 CUP(Communications Tower) Approved 06/09/1998) 3 CUP (Communications Tower) Approved 01/14/1997) CUP(Communication Tower) Approved 4 09/29/1986 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 Casa de Nuevos Comienzos Agenda Item 14 page 3 of 15 Evaluation ► Recommendation The request for a Conditional Use Permit for a Religious Use is, in Staff's opinion, acceptable. The site is located within the Western Campus District of the Pembroke Strategic Growth Area (SGA) and in a City Center Edge Place Type, which envisions a compact, walkable, mixed-use environment. The proposed religious facility currently operates by-right within an existing building and proposes to expand into adjacent suites. Because no exterior modifications are proposed, the request does not raise significant Comprehensive Planning concerns related to building form, massing, facade design, or architectural compatibility. Based on the recommendation of staff, the applicant has agreed to work with the property owner to install a bike rack near the main entrance to enhance a pedestrian friendly environment. In addition, the site contains adequate parking, and the operational characteristics of the use are not expected to create adverse impacts on adjacent properties or traffic levels. Based on the considerations above, Staff recommends approval, subject to the conditions listed below. Recommended Conditions 1. The Conditional Use Permit for a Religious Use applies solely to 230 Clearfield Avenue, Suite 103. 2. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. 4. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 5. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 6. A bike rack shall be installed at or near the main entrance of the property. 7. The hours of operation shall not exceed Monday through Friday from 7:00 p.m. to 10:00 p.m., Saturdays from 9:00 a.m. to 1:00 p.m., and Sundays from 9:00 a.m. to 2:00 p.m. 8. 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. Casa de Nuevos Comienzos Agenda Item 14 page 4 of 15 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 The Comprehensive Plan identifies the site as being located within the City Center (Edge) Place Type and The Pembroke SGA (Western Campus District). The overarching goal across all Center Place Types is to design and maintain mixed-use destinations that serve as focal points for business, housing, civic, and cultural activity at varying scales: regional, city, or local (p. 153, imagineVB 2040 Comprehensive Plan), while balancing business, retail, and civic activity (p. 153, imagineVB 2040 Comprehensive Plan). Given its location, educational and service infrastructure, the facility lays the groundwork for a campus environment that will provide educational-related activities, service-oriented businesses and more (p. 36, Pembroke Strategic growth area 4 implementation plan). 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. Casa de Nuevos Comienzos Agenda Item 14 page 5 of 15 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z- Unknown Clearfield Avenue 4,650 ADT1 8,700 ADT 1(LOS 4"D") Proposed Land Use 3-No Data Available 1 Average Daily Trips 'As defined by a 'As defined by a 4LOS = Level of 3,995 SF Religious 5,313 SF Religious Service Facility Facility Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Clearfield Avenue is a two-lane commercial street.The roadway is not included in the MTP. There is a funded CIP project to improve Clearfield Avenue. This project is for the construction of a three-lane roadway to include two travel lanes with a continuous two-way left-turn lane along Clearfield Avenue from Virginia Beach Boulevard to Cleveland Street, a distance of approximately 0.4 miles.The project will also include a sidewalk, shared-use path, bicycle accommodations, landscaping and LED streetlights. Construction is scheduled to begin in 2030 and be completed in 2031. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. Public Water and Sewer The site currently connects to city water and sewer. Casa de Nuevos Comienzos Agenda Item 14 page 6 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 29, 2026, and August 5, 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 July 27, 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 August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 18, 2026 and August 25, 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 August 17, 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 August 28, 2026. Casa de Nuevos Comienzos Agenda Item 14 page 7 of 15 Proposed Exhibit EXHIBIT A PREMISES TRC 1, 230 Clearfield Ave., Virginia Beach, VA Suite 103 (3,995 SF) Ill-, O, i ► -h 1 ' t ,area listed as"Future Expansion" Q� Jai is not included in the apptacation ` currenttyb Y i # T it Casa de Nuevos Comienzos Agenda Item 14 page 8 of 15 Proposed- Layout PROPOSED • 40 CHURCH AREA AFTER EXPANSION sao-iw +�n•ii• Of J0 �}a M 10• ta•.iiy c 2i43tt Casa de Nuevos Comienzos Agenda Item 14 page 9 of 15 ffi w 230 230 ��a s ;i lo _ Casa de Nuevos Comienzos Agenda Item 14 page 10 of 15 � s4_- o�� a �,. �.���' "'".���i a�r.�`�-fi§� '. i� `,i y�! � �^� -7� � �nt�-y,ffii.e'�„'�_ S'�`-�'�'��.et5`i�'�+y✓s€.fs`k. s i L v Discl-osure Disclosure VIRGINIA 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. SECTION • APPLICANT INFORMATION Applicant Name: as listed on application CASA DE NUEVOS COMIENZOS is Applicant also the Owner of the subject property? Yeso Noe if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)No0 If yes,name Representative: KRUSKADIA GARCIA Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNo® If yes,list the names of al/officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or offiliated business entity:relationship with the applicant.(Attach list if necessary.) j CRISTINO JIRON-CEO DAMAYA JIRON-FIRST LADY KRUSKADIA GARCIA-SECRETARY I Does the subject property have a proposed or pending purchaser? Yes No 00 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. t t APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Casa de Nuevos Comienzos Agenda Item 14 page 12 of 15 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor Q S Engineer/Surveyor/Agent 0 O 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. KRUSKADIA GARCIA ��' � A r°a _4/3012026 Applicant Name(Print) ^ Applicant Signature Date I"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiory 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 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): August 17, 2026 Arianna Low .�eur August 17, 2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May 2024 page 2 of 3 Casa de Nuevos Comienzos Agenda Item 14 page 13 of 15 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY GINNER INFORMATION Property owner Name-, as listed on application TRC CENTER LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Ye o(D If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a Parent-subsidial'or affiliated business entity z relationship with the applicant.(Attach list if necessary.} ' The TRC Center,LLC is a 100%owned subsidiary of the Runnym&de i v c 5 5 rt t. Does the subject property have a proposed or pending purchaser? Yeso Na if yes,name proposed air pending purchoser _ KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an intere t In the sect land or any proposed development contingent on the subject public action? Yes No(D !.p+€s�name the official or emprpp�e�,and describe the Harare n}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 JAttoch list if necessary.) SERVICE YES NO' ' SERVICE PROVIDER (Name entity ondlorindividua� Financing(mortgage,deeds of trust,: O cross-collateralization,etc.) R 1 _-_- i Real Estate BrokerlAgent/Realtor Accountmg(Taxileturn Preparation Architect/Designer/Landscape i Architect/Land Planner Construction Contractor o : I Engineer/Surveyor/Agent 0 1 Legal Services o er PROPERTY OWNER CE:RTIFICATI C(3N READ;I certify that ail 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,VRDA,C}S'P,A/,Wetlands hard or a{n�yWpublic body or c dtte 'n connection with th/irys application. VW 1 Al&& Property Ovine me(Print) ProperW;lKwe nature Ode Disclosure Statement I rev. May-2024 page 3 of 3 Casa de Nuevos Comienzos Agenda Item 14 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. Casa de Nuevos Comienzos Agenda Item 14 page 15 of 15 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #14 Casa de Nuevos Comienzos Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next matter is agenda item 14, Casa de Nuevos Comienzos. I'm sorry, I'm going to make a mess of this, I'm not bilingual. Is there a representative here to speak on this? Thank you, ma'am. Please state your name for the record, and also the name of the applicant, to correct my poor pronunciation. Ms. Garcia: Casa de Nuevos Comienzos. My name is Cruz Claudia Garcia. Ms. Byler: Thank you. Are the conditions acceptable to you? Ms. Garcia: Yes. Ms. Byler: You may be seated. Is there any opposition to this matter being added to the consent agenda? Hearing none, I have asked Commissioner Cuellar to read it into the record. Ms. Cuellar: Thank you. The applicant is requesting a conditional use permit for religious use within a 5,313 square foot portion of the existing building located in the I-1 Light Industrial District. The site is located within the Western Campus Overlay District of the Pembroke SGA. Hearing no opposition and a favorable recommendation from staff, the Commission is recommending this for the consent agenda. Ms.Byler: Thank you, Commissioner Cuellar. (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. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: the reading of the minutes and the annual report, and agenda items 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, and 21. Mr. Coston: Thank you. Do I have a motion to approve these items as read by Vice Chair? Ms. Byler: So moved. Mr. Coston: Second. It's been moved by Commissioner Schoonover and seconded by Commissioner Mauch. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, the 2025-2026 Planning Commission Annual Report and items 3, 4, 5, 6,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,and 21 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will be now 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 virtually or in person, but you are 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 Conditional Use Permit for a Religious Use applies solely to 230 Clearfield Avenue, Suite 103. 2. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. 4. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning &Community Development is required for any new signage installed on the site. 5. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 6. A bike rack shall be installed at or near the main entrance of the property. 7. The hours of operation shall not exceed Monday through Friday from 7:00 p.m. to 10:00 p.m., Saturdays from 9:00 a.m. to 1:00 p.m., and Sundays from 9:00 a.m. to 2:00 p.m. 8. 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. O'VE 95� N pKWY cY��o PDH1 PkwY P D H 1 C YN"yA VAN p �`'`�•.� �YNN yFq R rys/off C � '``•.�... L YN O " PDH-1 m PDH1 Q P ID 1 U �4 NpRrhrR��p � C x� � PI) z CZI Site Pamela Hinton, Tiny Root Learning Center LLC Zoning 1543 Amberly Forest Road w` J� Property Polygons Feet 0 20 40 80 120 160 Map created by Planning Department on 8/11/2026 " CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PAMELA HINTON, TINY ROOT LEARNING CENTER LLC [Applicant] CONNEMARA ASSOCIATES, LLC [Property Owner] Conditional Use Permit (Childcare Education Center) for the property located at 1543 Amberley Forest Road (GPIN 1485273852). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: September 1, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Childcare Education Center on a 47,061-square-foot PD-H1 Planned Unit Development District-zoned parcel located within the Green Run Land Use Plan. The Land Use Plan limits uses on the property to those permitted by-right or conditionally within the B-1A Limited Community Business District. Since Childcare Education Centers are conditionally permitted within the B-1A District, a Conditional Use Permit is required. The applicant is proposing to provide care to a maximum of 25 children, ranging from infants to three years of age, and employ up to seven employees. Hours of operation are proposed from 6.00 a.m. to 6.00 p.m., Monday through Friday. The applicant intends to utilize the existing approximately 930-square-foot outdoor play area, which is fully enclosed with a vinyl fence. The existing shopping center contains 61 parking spaces, exceeding the required 34 spaces. No site or exterior building changes are proposed, as signage for the facility has already been installed. ■ Considerations: Staff finds, and the Planning Commission concurred, that the request for a Conditional Use Permit for a Childcare Education Center is acceptable. The applicant proposes to care for up to 25 children, ranging from infants to three years of age, within an existing suite. The proposal does not involve any major alterations to the existing building, will add to the mix of businesses within the shopping center, and is not expected to result in adverse traffic impacts. As recommended by the Department of Parks and Recreation, the applicant has also agreed to install a bicycle rack on 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. Pamela Hinton, Tiny Root Learning Center LLC Page 2 of 2 Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. The Conditional Use Permit for a Childcare Education Center applies solely to 1543 Amberly Forest Road. 2. The hours of operation shall be 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Should said license be terminated or expire, the property owner shall notify the Department of Planning within 30 days of termination or expiration. 4. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Child Care Education Center. 5. The Childcare Education Center shall be limited to a total of twenty-five (25) children. 6. The applicant shall install a bicycle rack on the site prior to obtaining the Certificate of Occupancy. 7. 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 City Manager:0W Agenda A•• Hinton, Root Learning Center LLCB Property •wner: Connemara Associates CouncilPlanning Commission Public Hearing: August 12, 2026 V_ _ City 1 '• Project Details Request Conditional Use Permit (Childcare Education, Center _ BOWSPRITCIR Staff Recommendation [IUz T A rova l T, p p ,�Ct ;� a���+a " 1.j1Py a`Naw ��'y NE Staff Planner E�eoarcxt Alexis Bailey w�" ti�` 7• �t,,,,, 3. �. Location �Vr y 1543 Amberly Forest Road Kw` ^2+ A 1�' w � _ , P GPIN nriilrr. ��11Ivr`� - 1485273852 - � Site Size 2,227 square feet AICUZ o o� r�r i � MIAh r uU1li IN Less than 65 dB DNL p VQNf(t. If.ty. .. ?w}� ,-� �r�S� U(Q�<?MAftK,InSMN„IrN _:lT'21rF Watershed - Chesapeake Bay Existing Land Use and Zoning District ' Office/ PD-H1 Planned Unit Development SurroundingLand Uses and Zoning Districts t� North g .".r ►NNygI p xMv# Lynnhaven Parkway gRTH Single-family dwellings/ PD-H1 Planned Unit Development South - Northtree Place J1, Single-family dwellings/ PD-H1 Planned Unit Development East ' Single-family dwellings/ PD-H1 Planned Unit Development West Amberley Forest Road Single-family dwellings/ PD-H1 Planned Unit Development Pamela Hinton, Tiny Root Learning Center LLC Agenda Item 17 page 1 of 13 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Childcare Education Center on this 47,061 square foot, PD-H1 Planned Unit Development District zoned parcel. • The site is located within the Green Run Land Use Plan.The land use plan limits uses on this parcel to those permitted by-right or conditionally within the B-1A Limited Community Business District. Since Childcare Education Centers are conditionally permitted in the B-1A Limited Community Business District, a Conditional Use Permit is required. • The applicant is proposing to care for up to 25 children, ranging from infants to 3 years of age.The business will employ up to seven employees. • The proposed hours of operation are 6:00 a.m.to 6:00 p.m., Monday through Friday. • The applicant intends to use an existing outdoor play area to provide a place for the children to play. The space is approximately 930 square feet and is fully enclosed with a vinyl fence. • Per Section 203(a)(33) of the Zoning Ordinance, shopping centers require 1 space per 250 feet of floor area. The 8,402 square foot shopping center requires 34 parking spaces, and the site currently contains 61 parking spaces, thereby satisfying the parking requirement. • There are no changes to the site proposed as signage for the facility has already been installed. Pamela Hinton, Tiny Root Learning Center LLCc Agenda Item 17 page 2 of 13 HistoryZoning # Request PDH i 1 CUP (Child Care) Approved 06/26/2012 ,�"^� PDH1 2 LUP(Green Run) Approved 12/05/1979 PDH1 NyqVFNP 2 KWy P H1 PD Iko H1 a W PDH1 NON? U QRFE pt Q 2 PDH1 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 Pamela Hinton, Tiny Root Learning Center LLC Agenda Item 17 page 3 of 13 Evaluation • • • The request for a Conditional Use Permit for a Childcare Education Center is, in Staff's opinion, acceptable. The applicant proposes to care for up to 25 children, ranging from infants to 3 years of age within an existing suite. The applicant's proposal includes no major alterations to the existing building, will add to the mix of businesses in the shopping center, and will not result in any adverse traffic impacts. As recommended by the Department of Parks and Recreation, the applicant has agreed to install a bicycle rack on site. Staff recommends approval of this application subject to the conditions listed below. Recommended Conditions 1. The Conditional Use Permit for a Childcare Education Center applies solely to 1543 Amberly Forest Road. 2. The hours of operation shall be 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Should said license be terminated or expire, the property owner shall notify the Department of Planning within 30 days of termination or expiration. 4. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Child Care Education Center. 5. The Childcare Education Center shall be limited to a total of twenty-five (25) children. 6. The applicant shall install a bicycle rack on the site prior to obtaining the Certificate of Occupancy. 7. 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. Pamela Hinton,Tiny Root Learning Center LLC Agenda Item 17 page 4 of 13 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 The site falls within a Type 2 Neighborhood an overarching goal of which is to "support the design and maintenance of well-landscaped, safe, and vibrant settings that accommodate a mix of single-family and multi- family home types, alongside neighborhood-serving commercial and service uses" (p. 178, imagineVB 2040 Comprehensive Plan). Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z- Unknown use Amberly Forest Road No Data Available No Data Available Proposed Land Use 3-25 ADT 1 Average Daily Trips 3As defined by a 'LOS = Level of 'As defined by an childcare facility with Service unknown use 25 children Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Amberly Forest Road is a two-lane residential local roadway. 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 is connected to city water and sanitary sewer. Pamela Hinton, Tiny Root Learning Center LLC Agenda Item 17 page 5 of 13 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on July 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 29, 2026, and August 5, 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 July 27, 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 August 6, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 18, 2026 and August 25, 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 August 17, 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 August 28, 2026. Pamela Hinton,Tiny Root Learning Center LLC Agenda Item 17 page 6 of 13 Outdoor Outdoor Play Area 4, { ct 10 ��¢x �� �;�� a �� - � ', 'gat '° 4��.�r. r��rt 1e`:.�,:•�, ¢ � ) +Fx _ r R a a ,4 K 3. , 'low -91W01 , l Pamela Hinton, Tiny Root Learning Center LLC Agenda Item 17 page 7 of 13 j„ - a - a _ } r 2: 74 ifi`"_�?k �>:•.rear* _,�, ' .'. .. - Pamela Hinton,Tiny Root Learning Center LLC Agenda Item 17 page 8 of 13 • b Y: Pamela Hinton,Tiny Root Learning Center LLC Agenda Item 17 page 9 of 13 Disclosure VIRGINIrCITY Op r ` Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the thi, ,rm application as to whether they have o conflict of interest under Virginia law.Completion and submission of tFtts fis required for all applications that pertain to City real estate matters or to the development and/or use property in otherr bodies. the City of Virginia Beach requiring action by the City Council, boards, commissions, or APPLICANT INFORMATION �//y P,ov l—e wii(47 evt L4f Applicant Name: /� — as listed on application4W,1, Z. diy 4/ Is Applicant also the Owner of the subject property? Yes()No If no, Property Owner must complete SECTION Z:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes()No If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business�hov If yes,list the names of all officers,directors,members,or trustees below AND businesses t parent-subsidiiary'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest irltbe subject land or any proposed development contingent on the subject public action? Yeso No If yes, name the official or employee, ,no 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 ondjor individual providing such services must be identified. (Attach list if necessary.) !�— SERVICE YES NO SERVICE PROVIDER - — (Name entity and/or individual) tFionanCcing(mortgage,deeds of trust,, O10 s �ization etc.)eaEstate Broker/AgentlReaitor 0 Pamela Hinton, Tiny Root Learning Center LLC Agenda Item 17 page 10 of 13 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER — - ----- (Name entity and/or individuoo Accounting/Tax Return Preparation_ O Architect/Designer/Landscape O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent © }Cy 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.. 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 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 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 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); 81/8/2026 Alexis Bailey Staff Name(Print) , 8/18/2026 Staff Signature Date IW- re Statement rev. M a y-2024 Page x Pamela Hinton, Tiny Root Learning Center LLC Agenda Itern 17 page 11 of 13 Disclosure PROPERTY OWNER INFORMATION Property Owner Name:as listed on application co r\!21 0'r-k %�Ss oC"'k C LC Is the Owner 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 I or of iliated business entify 2 relationshrrip with the applicant.(Attach list if necessary.) Gregor M. Meyer {S010 ow✓Aer 0 r (faK'A yhAI'A A-rto (�ps ILL.C-)f 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 0 No® If yes,name the o icial or employee,and describe the nature of their interest. i PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner mast 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 NQ SERVICE PROVIDER — (Name entity and/or individual) Financing{mortgage,deeds of trust, ./ cross-collateralization,etc.) 40 F'RealEE-5tote Broker/Agent/Realtor 0ccounting/Tax Return Preparation 0 Architect/Designer/Landscape • -- Architect/Land Planner _ Construction Contractor 0 Engineer/Surveyor/Agent 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. �T r�.!� M• i'tit¢^!2 Y Pro $�/i.2 ttv�d Property Owner Name(Print) Prop rty Owner gnature Date )isclosure Statement I rev. M a y-2024 page 3 of 3 Pamela Hinton, Tiny Root Learning Center LLC Agenda Item 17 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. Pamela Hinton,Tiny Root Learning Center LLC Agenda Item 17 page 13 of 13 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #17 Pamela Hinton, Tiny Root Learning Center, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our final item is item 17,Pamela Hinton,Tiny Root Learning Center, LLC. Mr.Plumlee: Mr. Chair, I'm abstaining from this item. It is the last item on our agenda. Is there any other business that we anticipate? Mr. Coston: This is the last item. Ms.Hinton: Hello,I'd like to thank you guys for inviting me to come and speak on my company's behalf. My name is Pamela Hinton. I am the owner of Tiny Roots Learning Center. We are going to provide quality child care to the community in Virginia Beach for ages 6 weeks through 3 years old. I have 30-plus years' experience with early childhood education, and through my career, I have assisted multiple child care centers in opening their facilities. I'm well versed on Community Care Licensing, Department of Ed requirements, and I've worked closely with the Department of Health and the fire marshal to get this building open. I do understand the importance of being a good neighbor, and in operating in a manner that is respectful for the local families in the neighborhood. I feel like this center is needed in this community. There was a childcare center there previously,and since I've been in there,multiple people have come and expressed support of me being there,because the other one disappeared on them,so they're happy to have me there. But with that, I just want to be considered by the council,that my business be approved. Mr. Coston: Madam Clerk, do we have any speakers? Clerk: We have one speaker,Ava Lawhorn,via WebEx. Mr. Coston: You can be seated. Clerk: She is not present. Mr. Coston: I'm sorry to have you go back to your seat and come back. Are there any questions for our applicant? Mr. Camp: No question, Mr. Chair. But I believe the only reason this was not on consent was out of respect for the speaker, and I don't want to move ahead of the district representative, but I will certainly support a motion to approve this if one is made. Ms. Moorjani: I make a motion to approve. Mr. Mauch: Second. Mr. Coston: It has been moved by Commissioner Moorjani and seconded by Commissioner Mauch,that we approve this item. Clerk: The vote is open. Mrs. Eisenberg: And for the record, there is an abstention letter on file from Commissioner Plumlee. Clerk: By a recorded vote of 10 to 0, with l abstention from Commissioner Plumlee, item 17, Pamela Hinton, Tiny Root Learning Center, LLC, has been recommended for approval. Mr. Coston: Thank everyone for participating today. The Planning Commission meeting is adjourned. 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 Conditions 1. The Conditional Use Permit for a Childcare Education Center applies solely to 1543 Amberly Forest Road. 2. The hours of operation shall be 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Should said license be terminated or expire, the property owner shall notify the Department of Planning within 30 days of termination or expiration. 4. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Child Care Education Center. 5. The Childcare Education Center shall be limited to a total of twenty-five (25) children. 6. The applicant shall install a bicycle rack on the site prior to obtaining the Certificate of Occupancy. 7. 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. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 2303 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTAL PARKING REQUIREMENTS. MEETING DATE: September 1, 2026 (Deferred at the August 11, 2026, CC Hearing) ■ Background: The Oceanfront Resort Short Term Rental (STR) Overlay District was established on July 13, 2021, allowing STRs with a Conditional Use Permit. On April 21, 2026, City Council approved a referral resolution directing the Planning Commission to review revisions to the Overlay District. Currently, single-family dwellings require a minimum of two on-site parking spaces, while STRs require one parking space per bedroom. When an existing home is converted to an STR and cannot accommodate the additional required parking, applicants may lease off-site parking, including spaces in City-owned parking garages. This amendment proposes to prohibit the use of public parking spaces within City-owned parking garages to satisfy STR parking requirements due to the increasing number of STRs at the Oceanfront and the need to preserve public parking. The amendment applies only to City-owned public parking garages. The proposed amendment was presented to several advisory committees and the Hampton Roads Realtors' Association, with feedback received being generally supportive of the change. Considerations: Staff and the Planning Commission support the amendment to address parking requirements for Short Term Rentals. 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. City of Virginia Beach — Section 2303 Page 2 of 2 ■ Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 1 Submitting Department/Agency: Planning Department City Manager: k9 Agenda A•• of Beach Planning • • ' • 2026 vs, Short An ordinance to amend Section 2303 of the City Zoning Ordinance pertaining to short term rental parking requirements. Summary of • The Oceanfront Resort Short Term Rental Overlay District was established on July 13, 2021, permitting short term rentals (STRs) with a conditional use permit within the overlay. During the April 21, 2026, City Council meeting, a referral resolution sponsored by Vice-Mayor Wilson and Councilmembers Remick, Schulman, and Henley was approved, directing the Planning Commission to review a revision to the Oceanfront Resort STR Overlay District. The Zoning Ordinance requires single-family dwellings to have a minimum of two on-site parking spaces, while STRs are required to have one parking space per bedroom. Due to this difference in required parking, when an existing single-family dwelling is used as an STR, additional parking spaces may be required. If the site does not have sufficient space to accommodate the increased parking requirement, applicants have the option to lease off-site spaces to satisfy the requirement, including spaces within city-owned parking garages. It has been the practice of the Zoning Division to only permit off-site parking spaces that are within 0.25 miles (straight line distance) from the proposed STR. Due to the proliferation of STRs at the oceanfront and the need for public parking, this amendment proposes to prohibit STRs from utilizing public parking within a city-owned parking garage to meet their minimum parking requirement. The proposed amendment only applies to public parking garages. Outreach has included briefings to the Old Beach Design Review Committee, Bayfront Advisory Commission, Resort Advisory Commission's Transportation, Parking, Pedestrian Committee, Resort Advisory Commission's Planning/Design Review Committee, and Hampton Roads Realtors' Association. Feedback was supportive of this amendment. Recommendation Staff recommends approval of this ordinance. City of Virginia Beach Agenda Item 3 page 1 of 3 Ordinance REQUESTED BY VICE-MAYOR WILSON AND COUNCILMEMBERS REMICK, SCHULMAN AND HENLEY 1 AN ORDINANCE TO AMEND SECTION 2303 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTAL 4 PARKING REQUIREMENTS 5 6 Section Amended: § 2303 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 2303 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 2303. — Use regulations.. 18 19 (a) Subject to general requirements and to the regulations of the underlying zoning 20 district, all uses and structures permitted as principal, conditional or accessory 21 uses in the underlying zoning district in which they are located shall be so 22 designated within the Short-term Rental Overlay Districts. 23 24 (b) Short-term rental overlay. 25 a. Short-term rentals in a STR Overlay District shall be in compliance with 26 the requirements of Section 241.2 as modified as follows: 27 28 i. Add to condition (1): Parking spaces created to comply with this condition 29 shall not add additional impervious area to the site. Area within a residential 30 garage may be used for no more than one (1) required space provided the 31 available area within the garage meets the dimensional requirements of this 32 article used for required parking. Driveway area located within the city right- 33 of-way may be utilized to meet the parking requirement provided there is no 34 traffic impact and the location of the parking space does not block vehicular 35 traffic or an existing sidewalk. Leasing of public parking spaces within 36 garages to meet the parking requirement is not permitted. 37 38 ii. Add to condition (1): There are certain condominium properties that have 39 historically operated as short-term lodging units and have not experienced 40 any inconvenience to guests or the surrounding area without the required 41 one (1) parking space per bedroom. Further, such properties are unable to 42 provide the required parking on-site. For these condominium properties, the City of Virginia Beach Agenda Item 3 page 2 of 3 Ordinance 43 zoning administrator may, at his discretion, require one (1) parking space 44 per dwelling unit similar to the requirement for lodging uses in the 45 Oceanfront Resort District Form Bases Code (ORDFBC). Such properties 46 must provide written evidence of their past use and the Zoning Administrator 47 shall find that there is no public inconvenience with the current parking 48 design. 49 50 .... 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 53 of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA17095 R-1 March 2, 2026 —Cityfof Virginia Beach Agenda Item 3 page 3 of 3 REQUESTED BY VICE-MAYOR WILSON AND COUNCILMEMBERS REMICK, SCHULMAN AND HENLEY 1 AN ORDINANCE TO AMEND SECTION 2303 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTAL 4 PARKING REQUIREMENTS 5 6 Section Amended: § 2303 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 2303 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 2303. — Use regulations.. 18 19 (a) Subject to general requirements and to the regulations of the underlying 20 zoning district, all uses and structures permitted as principal, conditional or 21 accessory uses in the underlying zoning district in which they are located shall be 22 so designated within the Short-term Rental Overlay Districts. 23 24 (b) Short-term rental overlay. 25 a. Short-term rentals in a STR Overlay District shall be in compliance with 26 the requirements of Section 241.2 as modified as follows: 27 28 i. Add to condition (1): Parking spaces created to comply with this 29 condition shall not add additional impervious area to the site. Area within a 30 residential garage may be used for no more than one (1) required space 31 provided the available area within the garage meets the dimensional 32 requirements of this article used for required parking. Driveway area 33 located within the city right-of-way may be utilized to meet the parking 34 requirement provided there is no traffic impact and the location of the 35 parking space does not block vehicular traffic or an existing sidewalk. 36 Leasinq of public parking spaces within garages to meet the parking 37 requirement is not permitted. 38 39 ii. Add to condition (1): There are certain condominium properties that 40 have historically operated as short-term lodging units and have not 41 experienced any inconvenience to guests or the surrounding area without 42 the required one (1) parking space per bedroom. Further, such properties 43 are unable to provide the required parking on-site. For these condominium 44 properties, the zoning administrator may, at his discretion, require one (1) 45 parking space per dwelling unit similar to the requirement for lodging uses 46 in the Oceanfront Resort District Form Bases Code (ORDFBC). Such 47 properties must provide written evidence of their past use and the Zoning 48 Administrator shall find that there is no public inconvenience with the 49 current parking design. 50 51 .... 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: lanning Department Ci y Attorney's Office CAI 7095 R-1 March 2, 2026 ALTERNATE VERSION REQUESTED BY VICE-MAYOR WILSON AND COUNCILMEMBERS REMICK, SCHULMAN AND HENLEY 1 AN ORDINANCE TO AMEND SECTION 2303 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTAL 4 PARKING REQUIREMENTS 5 6 Section Amended: § 2303 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 2303 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 2303. — Use regulations.. 18 19 (a) Subject to general requirements and to the regulations of the underlying 20 zoning district, all uses and structures permitted as principal, conditional or 21 accessory uses in the underlying zoning district in which they are located shall be 22 so designated within the Short-term Rental Overlay Districts. 23 24 (b) Short-term rental overlay. 25 a. Short-term rentals in a STR Overlay District shall be in compliance with 26 the requirements of Section 241.2 as modified as follows: 27 28 i. Add to condition (1): Parking spaces created to comply with this 29 condition shall not add additional impervious area to the site. Area within a 30 residential garage may be used for no more than one (1) required space 31 provided the available area within the garage meets the dimensional 32 requirements of this article used for required parking. Driveway area 33 located within the city right-of-way may be utilized to meet the parking 34 requirement provided there is no traffic impact and the location of the 35 parking space does not block vehicular traffic or an existing sidewalk. 36 Leasing public parking spaces within garages to meet the parking 37 requirement is not permitted; however, where the lease of such spaces is 38 part of a parking plan approved prior to September 1, 2026, the utilization 39 of such spaces may continue. 40 41 ii. Add to condition (1): There are certain condominium properties that 42 have historically operated as short-term lodging units and have not 43 experienced any inconvenience to guests or the surrounding area without 44 the required one (1) parking space per bedroom. Further, such properties 45 are unable to provide the required parking on-site. For these condominium 46 properties, the zoning administrator may, at his discretion, require one (1) 47 parking space per dwelling unit similar to the requirement for lodging uses 48 in the Oceanfront Resort District Form Bases Code (ORDFBC). Such 49 properties must provide written evidence of their past use and the Zoning 50 Administrator shall find that there is no public inconvenience with the 51 current parking design. 52 53 .... 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 56 of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department City Attorney's Office CA17095 R-2 August 25, 2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #3 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Our next order of business is the regular agenda. The regular agenda will proceed as follows: Each applicant will be given up to 10 minutes to present their item. We will then hear from speakers in support and opposition. Applicant may then return to the podium for up to 3 minutes for rebuttal, and then answer any questions from the commission. Madam Clerk, we are ready for the first item. Clerk: Our first item is Item 3, City of Virginia Beach. Ms. Sabo: Good afternoon, commissioners. I'm Hannah Sabo, City Zoning administrator. Item number 3 is an ordinance to amend Section 2303 of the City Zoning Ordinance pertaining to short- term rental parking requirements. The Oceanfront Short-term Rental Overlay District was established on July 13, 2021, and it permitted short-term rentals with a conditional use permit within the overlay. During the April 21, 2026, City Council meeting, a referral resolution was sponsored by Vice Mayor Wilson and Council member Remick, Schulman, and Henley was approved, directing the Planning Commission to review and then review a revision to the Oceanfront Resort STR. Overlay District. This specific agenda item looks at the parking for short- term rentals. The zoning ordinance requires that single-family dwellings have a minimum of two on-site parking spaces, while STRS are required to have one parking space per bedroom. Due to this difference in required parking, when a single-family dwelling is converted to be used as a short-term rental, that can create additional parking spaces that are required. If the site does not have those sufficient, excuse me,the site does not have sufficient parking spaces on site,they may be required to. Utilize or to rent parking spaces offsite. This can lead to properties utilizing city-owned parking spaces within their city-owned garages, and it's been the practice of the zoning division to only permit those offsite parking spaces if they're within a quarter of a mile straight-line distance from the proposed STR. Due to the proliferation of short-term rentals within the oceanfront, and then the need for public parking. The amendment proposes to prohibit short-term rentals from utilizing public parking within city-owned parking garages to meet their minimum parking requirement. This proposed amendment only applies to public parking garages. Outreach has included briefings to the Old Beach Design Review Committee, Bayfront Advisory Commission, Resort Advisory Commissions, Transportation, Parking Pedestrian Committee,the Resort Advisory Commission's Planning Design Review Committee, And the Hampton Roads Realtors Association. And feedback was generally supportive of this amendment. I'm available if you have any questions, and I do believe, we have a speaker on this one. Thank you. Clerk: We have one speaker,Andy Strauss, via WebEx. Andy, are you there? That was our only speaker. Mr. Plumlee: I move to approve. If we're closed,the hearing is closed. Ms. Schoonover: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Schoonover that we approve this item. Clerk: The vote is open. By a recorded vote of 11 to 0, Item 3, City of Virginia Beach,has been recommended for approval. Vote Tally 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 vs,xu s'�y , roSr"'� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 241.2 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTALS. MEETING DATE: September 1, 2026 ■ Background: This text amendment is related to the proposed update to the Short Term Rental (STR) Overlay District and would expand the timeframe for STRs eligible for grandfathered status. Currently, STRs with Conditional Use Permits issued between November 2, 2019, and September 7, 2021, may retain their status if they are no longer located in a zoning district where STRs are permitted. If adopted, the amendment would extend the eligibility period through September 1, 2026, allowing qualifying STRs to continue operating as grandfathered uses, subject to applicable conditions and without administrative renewal. Grandfathered status would be lost if the STR ceases operation for two consecutive years. At the Planning Commission meeting, there was discussion related to including a transition period in the ordinance to allow those STR applications currently in progress the opportunity to obtain a CUP and grandfathered status. This change was not included in the ultimate motion. ■ Considerations: Staff and the Planning Commission support this text amendment. There were six speakers in opposition at the Planning Commission hearing stating concerns regarding loss of housing values, removal of future options for property owners within the affected area to apply for an STR Conditional Use Permit, and personal economic impacts. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. City of Virginia Beach Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r� Submitting Department/Agency: Planning Department City Manager: Agenda A•• of _ Planning Commission Public1 Short • An ordinance to amend Section 241.2 of the City Zoning Ordinance pertaining to short term rentals. Summary of Request This text amendment is in conjunction with Item 2, which updates the Short Term Rental (STR) Overlay District and is response to a City Council Resolution dated 4/21/2026. The current ordinance grants grandfathered status to STRs that received a Conditional Use Permit between November 2, 2019, and September 7, 2021, and are no longer located within a zoning district where STRs are permitted.This amendment extends the applicable date range to September 1, 2026, to align with the proposed amendment'to the STR Overlay District. If adopted, this amendment would allow any short term rental that received a Conditional Use Permit between November 1, 2019, and September 1, 2026, and that is located within a zoning district where short term rentals are not a permitted or conditional use, to be considered grandfathered and shall be permitted to continue without an administrative renewal, subject to conditions. Grandfathered STRs that cease operation for a period of 2 years shall lose their grandfathered designation and be unable to further operate as an STR. Recommendation Staff recommends approval of this ordinance. \ City of Virginia Beach Agenda Item 1 page 1 of 2 Ordinance 1 AN ORDINANCE TO AMEND SECTION 241.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTALS 4 5 Section Amended: § 241.2 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 241.2 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 241.2. Short-term rental. 17 18 . . . . 19 20 Short-term rentals shall be subject to the following conditions unless specifically 21 modified by action of the city council in granting a conditional use permit or creating a 22 short-term rental overlay district: 23 24 (12.1) Any short-term rental that received a conditional use permit between 25 November 1, 2019 and September 1, 2026 7, 2021 and that is 26 located within a zoning district where short-term rentals are not a permitted 27 or conditional use, shall be considered grandfathered and shall be permitted 28 to continue subject to the conditions of subsections 241.2(1) through (15) 29 and (17) as modified by the terms of the conditional use permit and shall 30 not require additional administrative renewal; 31 32 . . . . 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 CA17113 R-1 March 10, 2026 City of Virginia Beach Agenda Item 1 page 2 of 2 1 AN ORDINANCE TO AMEND SECTION 241.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTALS 4 5 Section Amended: § 241.2 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 241.2 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 241.2. Short-term rental. 17 18 . . . . 19 20 Short-term rentals shall be subject to the following conditions unless specifically 21 modified by action of the city council in granting a conditional use permit or creating a 22 short-term rental overlay district: 23 24 (12.1) Any short-term rental that received a conditional use permit between 25 November 1, 2019 and September 1, 2026 Serpternber 7,?2021 and that is 26 located within a zoning district where short-term rentals are not a 27 permitted or conditional use, shall be considered grandfathered and shall 28 be permitted to continue subject to the conditions of subsections 241.2(1) 29 through (15) and (17) as modified by the terms of the conditional use 30 permit and shall not require additional administrative renewal; 31 32 . . . . 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 CA17113 R-1 March 10, 2026 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #1 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. If you had an application that was on the consent agenda,your request will be now 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 virtually or in person, but you are free to leave. The next order of business is the regular agenda. The regular agenda will proceed as follows: the applicant will be given up to 10 minutes to present their item. We will then hear from speakers in support and opposition. The applicant may then return to the podium for up to 3 minutes for rebuttal,and then answer any questions from the commissioners. Madam Clerk,we're ready for the first item. Clerk: Our first items are items 1 and 2, City of Virginia Beach. Ms. Sabo: Good afternoon, Hannah Sabo, Zoning Administrator for the City of Virginia Beach. Items 1 and 2 are both related to short-term rentals at the oceanfront. Item 1 is an amendment to Section 241.2 of the Zoning Ordinance, and item 2 is an amendment to the Oceanfront Resort Short-Term Rental Overlay District. On April 21 st of 2026, City Council approved a referral resolution sponsored by Vice Mayor Wilson, council members Remick, Schulman, and Henley, relating to STRs in the Oceanfront Resort District. That was a 2-prong resolution. The first was an amendment to adjust the STR overlay boundary, and then the second was a revision to the parking requirements for short-term rentals in the Oceanfront Resort. Today,we are hearing the overlay boundary revision. The STR parking requirements were already heard by the Planning Commission at the previous meeting. Legally operating short-term rentals that are mapped out of the overlay would become grandfathered, and they would be permitted to continue to use their STR under the conditions of their conditional use permit,with the exception that grandfathered STRs cannot expand the footprint of the dwelling beyond 25%or 1,000 square feet,whichever is less, and if they are not used as an STR for a period of 2 years,they would lose their grandfather designation. If this ordinance is approved, any STR operating illegally outside of the new boundary would no longer be able to apply for a conditional use permit. The updated STR overlay map,proposed as part of the resolution, is shown here. The portion in purple would be removed. During the July 8, 2026, Planning Commission meeting, an alternative map was presented, and this map is Alternative A, that keeps a portion of the Vibe District within the STR overlay, along with a block to the north of 17th Street and half a block to the south of 17th Street. We can zoom into the area, and it shows the difference between the 2 maps. If you toggle between the two, you can see Alternative A keeps a portion of the Vibe District, and that portion around 17th Street. Since the resolution was adopted by City Council during their April 21 st meeting, multiple commissions and boards were briefed on this amendment, and during the July 7th City Council hearing to extend the resolution,and then the later Planning Commission meeting,we did not have any speakers signed up at those meetings. On July 22, a landing page was added to the STR website, providing information on this update, including both maps provided, along with contact information for anyone who had questions. There was a drop-in style citizen outreach meeting held on August 4th in the evening,within walking distance of those affected areas,and 5 members of the public came and asked questions. Staff received about 15 calls last month with questions about the overlay change, and there was a letter of opposition, which was included in the supplemental package. During the vote, we will ask that you'll need to identify which map you will be voting on. Again,this is items 1 and 2,both relating to the STR overlays, and staff does recommend approval. Mr. Coston: Discussion or motion? Clerk: We do have speakers. Mr. Coston: We have speakers. Clerk: Yes, our first speaker is Myra Garcia, followed by Scott Westfall. Mr. Coston: Please state your name for the record. Ms. Garcia: My name is Myra Garcia, owner of Beach Vibe Stays, LLC in the Vibe District. Good afternoon, members of the Virginia Beach Planning Commission, fellow Virginia Beach residents and constituents. My name is Myra Garcia. I am an Old Dominion University graduate, was accepted into the Flex MBA program at the College of William&Mary,and have lived in the Virginia Beach area for nearly 2 decades, and have been an entrepreneur in our community for more than 10 years. Virginia Beach is not simply where I conduct business, it's where I built my life. My journey in real estate began when I was 19 years old in college. I purchased my first property in Drift Eye Condominiums here in Virginia Beach. Since then, I have worked hard to raise a family, build businesses, invest in real estate, and participate in the community that I chose to call home. Over those years, I've also learned the privilege and responsibility that comes with owning property near the water. Today, after years of work and investment, I own property near the Virginia Beach oceanfront. I have watched this area grow,change,and become increasingly valuable. I took my time getting here. I saved money, weighed my options carefully,and made deliberate decisions about where to invest. When I finally purchased this property, I specifically chose an area where short-term rental use was permitted, because that opportunity was an important part of my decision and my financial planning. To learn,even a year later,that the parameters and boundaries may change is deeply discouraging for owners like me, who rely on the rules that were in place when we made our investments. That simply does not feel fair. That is why I'm deeply concerned about the proposed changes that could further restrict or reduce the areas where short-term rentals and similar uses are permitted. When the city changes an established map or land use expectation,that decision does not come in a vacuum. It affects real people who purchase property, borrow money, renovate buildings, pay taxes, and make long-term plans based on those rules and opportunities that existed when they invested. Virginia Beach real estate has become increasingly expensive and competitive as new investment continues to enter our city. It becomes harder for the ordinary local resident and small business owner to acquire property and participate in the economic growth of the oceanfront. I respectfully ask the Commission to distinguish between future speculative development and existing property owners, who rely in good faith on the city's prior zoning maps and regulations when making substantial investments. Properties that were lawfully eligible for short-term rental use, or that were acquired and developed in reasonable reliance upon that eligibility, deserve serious consideration for grandfathering status, vested protection, and especially designated overlay or map. I also ask the Commission to consider the people who have spent years, in many cases decades, paying taxes here, raising families here, creating jobs here, purchasing properties here, and contributing to this community. This is not an argument against progress. It is an argument that progress should not come at an unnecessary expense of the people who helped build and invest in Virginia Beach before the growth arrived. On January 1, 1963,Princess Anne County and the former City of Virginia Beach came together to form the unified City of Virginia Beach that we know today. Our history reminds us that the future of the city has always required balancing different communities,neighborhoods, businesses,residents,and generations under one municipal government. More than 60 years later, we should continue making major decisions with the understanding that we are one Virginia Beach. I therefore respectfully ask this Commission to consider the proposed boundaries and examine alternatives that protect existing property owners, recognize legitimate investment- backed expectations, and preserve opportunities for the long-term Virginia Beach resident and locally established businesses. Please consider grandfathering qualifying properties in process, establishing the appropriate overlay or specific district, and develop another lawful mechanism that allows existing local property owners to continue participating responsibly in the Virginia Beach tourism economy. I have watched Virginia Beach grow for nearly 2 decades. I have raised my family here. I educated myself here. I built my business here. I invested here. I pay taxes here. I have repeatedly chosen to continue calling Virginia Beach my home. Thank you. Mr. Coston: Do we have any questions? Commissioner Plumlee. Mr. Plumlee: Thank you very much for your well-considered comments, I appreciate it. Let me make sure I understand your particular circumstance. Are you saying that you have an application before us right now for a conditional use permit for a rental? Ms. Garcia: Correct. It's under Virginia Beach. Mr. Plumlee: Okay. And it's in what would be a purple area, in either one of these maps. Ms. Garcia: It's on the border line. My hearing comes next month, and I was told that I was in the middle of everything, so I have to speak up. Mr. Plumlee: So you have an application that's pending, it's already been submitted. Ms. Garcia: Correct. Mr. Plumlee: Any other general comments that you have regarding your opposition? I think I understand your personal circumstance. Ms. Garcia: Yes. Mr. Plumlee: But you understand the city has a right to determine the areas where there would be short-term rentals. Ms. Garcia: Correct. Mr.Plumlee: How long ago did you purchase your building? Ms. Garcia: Over a year ago. Mr. Plumlee: All right. Thank you very much. Ms. Garcia: Thank you. Mr. Coston: Any other questions or comments? Ms. Hippen: I have a question for staff. Because her application is in process, is she grandfathered? Is she part of the grandfather portion? Ms. Sabo: Only those properties which have a conditional use permit for an STR when this ordinance goes into effect would be grandfathered. So those that are still in process would not be grandfathered. Ms. Hippen: Okay. Thank you. Mr. Coston: Any other questions? You may be seated. Clerk: Thank you. Our next speaker is Scott Westfall, followed by Kathy Owens. Mr. Westfall: Hi, my name is Scott Westfall. Good afternoon, members of the Planning Commission. Again,my name is Scott Westfall. I have lived in Virginia Beach since 2010. I've been a licensed real estate broker here for the last 11 years,and I've really worked in the local real estate industry since 2011. I got my start in the industry managing vacation rentals from Croatan to Old Beach to the North End, many of which had been weekly vacation rentals dating back to the 1960s. I've had a front seat to watch the industry grow from vacation rentals to what we know as short-term rentals today. And one thing I can say with confidence is that short-term rentals are not new in Virginia Beach. I think we all know that they've been a core fixture of the oceanfront community and tourism economy for over 6 decades. So,needless to say,I am here today in strong opposition to the proposed amendment to reduce the Oceanfront Resort Short-Term Rental Overlay District, which, when did we start calling it the Short-Term Rental Overlay District, is it the Oceanfront Overlay or Oceanfront Resort, or is it short. Anyways, while stricter oversight made sense when Airbnb and other platforms emerged, it's my opinion the city rushed regulation in 2018, and ever since, they've continually moved the goalposts, changing the rules whenever it fit the narrative best. The justification being used for the proposed amendment,protecting neighborhood character and long-term housing, simply does not hold up. The area being carved out is not Old Beach, nor does the proposal generally protect housing stock. Claiming this change saves housing stock is kind of absurd when you look at the data. This boundary change affects very few properties that aren't already legally operating as short-term rentals. The remaining homes in the area often don't meet the current zoning rules and would never become short-term rentals anyway. If we can't enforce and regulate illegal short-term rentals today, how does shrinking this map change anything? In a private correspondence with one of the authors of this proposal, council member Worth Remick, in an email last year when I heard about this, I emailed him. I asked him what was going on, and he admitted the real driving force to me, and I quote, "Hotels are not too happy either with more short-term rentals,as they see short-term rentals as unfair competition." It's deeply troubling to see public policy leveraged to protect well-funded hotel and corporate interests at the expense of local property owners who played by the rules, secured conditional use permits, and jumped through every hoop required. Instead of constantly restricting property owners and shutting out new ones, why are we not focused on enforcing the rules already on the books? I appreciate that all the properties that have a conditional use permit will be grandfathered in, I think that is sensible. And so, if you do feel compelled to vote for this change, I strongly urge you to adopt the least restrictive alternative map. Specifically, the Vibe Creative District must remain inside the Oceanfront Resort Overlay. It really does not make sense to move that out of it. I don't understand what we're defining as Oceanfront Resort anymore. It's where a lot of the tourism comes, also where the wave pool is,that doesn't make sense to me either. But neither here nor there,I respect that the city can zone it how they'd like. Furthermore,I ask that if you are supporting Amendment 2, that you would expand the grandfather protections so that law-abiding property owners aren't stripped of their investments. Ultimately, I'm asking you to please don't penalize local residents to shield corporate interests. Thank you. Mr. Coston: Do we have any questions,Mr. Camp? Mr. Camp: Yes, sir. Thank you for coming before us today and offering us your thoughts and opinions on this. You were speaking fast, and so I don't want to misstate what I think I heard. Help me out. I believe I heard you make a statement that this ordinance would not protect the housing stock in that area,or the short-term rentals weren't affecting the housing stock. Could you say that again,more slowly, and help me understand what you're saying? Mr. Westfall: Yeah, I appreciate you. Yes, I was nervous and talking fast. Yes, I think, if we look at the map, the number of properties within the purple area right now that are either not operating as a short-term rental are very few. So, if the argument is that we are protecting housing stock for people who want to live here for 12 years,there's a larger chunk of this green zone with more housing in it than where we are looking at right now. And so,I think, if you,I don't have the data, I would love if the planning staff knew how many actual properties are within the purple map, and then how many of those could actually be short-term rentals under the current zoning ordinance. I would suspect it's very, very few, and the ones that are legally operated or are available based on the current ordinances are already operating legally that way. Mr. Camp: Okay. Thank you for clarifying your statement. Mr. Westfall: Does that make sense? Mr. Camp: I'm not going to agree or disagree with you. Mr. Coston: Did it make sense? Mr. Camp: Yeah, I understood,I think,what you were trying to tell us. So,thank you, sir. Mr. Coston: Any other questions? Thank you, sir,you may be seated. Clerk: Our next speaker is Kathy Owens via WebEx, followed by Adarsh Jain. Ms. Owens: Hi, can you hear me? Clerk: Yes. Ms. Owens: Okay, great. Hi, good afternoon, Chairman, Vice Chair, and members of the Planning Commission. My name is Kathy Owens, and I thank you for this opportunity to address the Commission, and I also apologize for being virtual due to my work commitments. So, bottom line up front, I respectfully ask you, the city, to withdraw this ordinance, or to vote against this ordinance, including either of the proposed maps, because it removes valuable property rights without a demonstrated factual basis. I also echo all of the points that Ms.Garcia and Mr.Westfall made, and, in addition to my points that I made in both of the letters that I sent to the Planning Commission, both last month and this month, in opposition, I'd like to highlight a few of those points. So, you've heard some of my concerns, both in my letters and at the August 4th meeting, and from these other opponents to this ordinance, but we did not see those reflected in the staff report. That's a concern. Also,that in the staff report for this agenda,I do not see a recommendation from staff. I did hear staff verbally say that they approved a recommendation,but I did not see that in the agenda writing. Secondly, at the open house, the staff stated that their outreach at the civic league meetings, that residents had stated that the neighborhood had become saturated with short-term rentals. When asked what saturated means, there was no answer, or an objective definition, or to identify what number or percentage of short-term rentals would be appropriate for Virginia Beach's premier tourism district. What was also noteworthy was that there are properties in this overlay district that are not within the boundaries of any neighboring civic league because it's a tourist zone. So, given that the affected property owners don't have an organized association representing their interests, it's even more important that the city conduct meaningful outreach directly to those property owners before recommending permanent changes to their property rights. Planning decisions should be based on measurable standards, not subjective opinions. I would also point out that about 60%of the area proposed to be removed from the overlay is city-owned property, including the convention center,the sports center, and municipal parking lots. I would support removing those public parcels. And finally, the short-term rental enforcement task force recommended improving enforcement, not reducing overlay boundaries. Before removing established property rights, the city should demonstrate that existing regulations are being effectively enforced and that objective evidence supports this proposal. Again, I respectfully ask the Commission to not approve this ordinance until objective planning criteria and measurable standards are established. Thanks for your time and consideration. Mr. Coston: Do we have any questions for the speaker? Thank you, ma'am. Ms. Owens: Thank you. Clerk: Our next speaker is Adarsh Jain, followed by Amrish Jain. Mr. Adarsh Jain: Good afternoon, members of the Planning Commission. My name is Adarsh Jain. I'm a homeowner on 20th Street. Under the current proposal,the city is cutting our side of 20th and Half Street out of the short-term rental overlay. I'm speaking today to ask you to reject this reduction entirely, or at a minimum, adjust the proposed boundary line to 20th Street. I urge you to consider 3 key points. First, splitting 20th and Half Street down the middle is completely arbitrary. Under this proposal, one side of 20th and Half Street remains in the STR zone, while the other side is removed, drawing a zoning boundary down the center line of a half street, and both sides share the same pavement, traffic, and parking, which is also used by 20th Street residents, serves no legitimate planning purpose. Drawing the line at 20th and Half Street versus 20th Street has no functional relevance. Moving the line a few yards to 20th Street creates an open,meaningful boundary,rather than an arbitrary split down a half street. Second, removing this property from the STR zone will not solve Virginia Beach's housing shortage. Across this entire proposed reduction, we are talking about fewer than 50 total homes in a quasi-commercial area. So this kind of answers the number of houses that people are talking about. We used Al to determine how many houses are there, and that's it. I could be completely off the mark, but it's pretty close to 50 or less homes, and that, too, in a quasi-commercial area, because there are a lot of coffee shops,there are a lot of other businesses,there are restaurants and everything. So, before I purchased my property on 20th and Half Street, it sat on the market for over 8 months. So, if somebody comes in to buy the property for an STR, it makes sense,because it was sitting there for 8 months. I mean, you can look at the data, and in fact, the 4 homes that were built, 1 home is still on the market, it hasn't sold. So, restricting STRs in this small pocket will not create affordable long-term housing. It simply strips property rights in a neighborhood inherently suited for tourism. Third, STRs drive vital redevelopment across these aging streets. Over 95%of homes in this affected zone are more than 30 years old. Short-term rentals give property owners the incentive to redevelop and maintain these aging properties. Moreover, being located directly behind a commercial hot spot and in the oceanfront zone, our homes host travelers with families who directly support local housekeepers, maintenance workers, and nearby businesses. In conclusion, splitting 20th and Half Street down the middle creates an illogical boundary that solves zero parking, traffic, or housing issues. I respectfully ask you to vote against shrinking the STR overlay in its entirety, or, at a minimum, adjust the proposed boundary line to 20th Street. Thank you so much for hearing me out. Mr. Coston: Do we have any questions? Thank you, sir, you may be seated. Mr. Adarsh Jain: Sure. Clerk: Our next speaker is Amrish Jain, followed by Mike Lancaster. Mr. Amrish Jain: Good afternoon, council members. My name is Amrish Jain, and I'm a property owner at 20th and Half Street. So, my property will be cut down from the STR overlay, either from either of the proposals. I'd like to request you to vote against this proposal today,and I'd like to bring some points to your attention. First is STRs, STR, or short-term rental, I'll call it STRs. Short-term rental brings a lot of jobs, and helps promote local businesses, like cleaning, maintenance, hospitality. It offers visitors, like small families and military, an extended stay option which is not covered by large businesses, large hotels, they are very expensive for these type of stays. So, cutting this boundary affects small businesses,the STRs, and, in fact, helps big businesses,the big hotels,which is contrary to, like,Virginia Beach and other government efforts to promote small businesses. The second is enforcement versus zoning. I think an earlier speaker also said that we should enforce the existing laws. If the problem is nuisance and complaints,noise,parking,trash,I think laws are already there to enforce. Just rezoning it won't solve that problem. We have to solve the problem where the problem is. The third is, I think during the July 8th meeting or 7th meeting, a commissioner noted that the reduction is aimed at preserving housing stock for future growth for the Central Beach District. I'd like to understand what kind of analysis is being done, especially for 20th and Half Street, because part of, one side of 20th and Half Street is kept in the updated proposal,but the other half is being cut. So I'd like to understand, is this incidentally swept in,the proposed cut,or has parcel-level justification been done about the density, about how many short- term rentals versus actual properties are there? In closing, I'd like to again reiterate that please consider these points and reject this proposal today. Thank you. Mr. Coston: Commissioner Camp. Mr.Camp: Yes,sir. Thank you for coming down and speaking with us today. Would you please clarify, do you own a property in this area that is proposed to be taken out of the boundary? Mr.Amrish Jain: Yes, sir. Mr. Camp: And is that operating as an STR now? Mr.Amrish Jain: No, sir. Mr. Camp: So it is something you would like to do? Mr. Amrish Jain: Yes, sir. Mr. Camp: Do you have an application in currently? Mr. Amrish Jain: We had an application, that application was rejected. We'd like to go again next year. Mr. Camp: All right. Thank you so much. Mr. Amrish Jain: Thank you. Any other questions? Mr. Coston: You may be seated. Thank you. Clerk: Our final speaker is Mike Lancaster. Mr. Lancaster: Good afternoon. My name is Mike Lancaster. I'm here to speak on behalf of Mrs. Garcia. I'm a building contractor. I was hired a while back to help her get everything situated in her facility. We have spent a lot of time and money and energy getting the building prepared for you folks,and just to be hit with a map change,so I'm requesting that you folks please hold off on this particular map. I grew up in the area. The first time I got a haircut was literally right around the corner from where this particular building is. When I originally met Myra, I said, "You're not going to have any problems getting this approved because I see what's going on. I'm a product of the oceanfront." So I'm really just asking folks to please just kind of hold back on that map. This lady helped me when I was fighting stage 3 cancer, so I'm doing everything I can to help her get where she needs to go. So we really need you folks to reconsider that. Thank you very much. Mr. Coston: Any questions? Thank you, sir,you may be seated. Clerk: That was our last speaker. Mr. Coston: Well, Ms. Sabo, would you like to come back and do any rebuttal or anything? Ms. Sabo: I'll just add that there are 223 affected parcels within that resolution map,all of which were sent notices,prior to the original Planning Commission meeting where it was deferred, and then prior to this meeting. Mr. Coston: Thank you. Mr. Camp: Ask a question of the staff. Mr. Coston: Yes, sir. Mr. Camp: By your leave, Commissioner. Mr. Coston: Commissioner,go ahead. Mr. Camp: Several of the speakers raised the issue of enforcement. Would you care to state on the record your progress on enforcement in this area? Ms. Sabo: Yes, absolutely,thank you so much for that opportunity. Our short-term rental team has been doing a lot of good work out in that area. Let me pull up the, make sure I have that number, the non-compliant short-term rentals within the Oceanfront Resort. From December 2025,we had 107 identified, and as of this month,there are only 16 identified as operating illegal short-term rentals within the Oceanfront Resort. So it does take time, we have to go through the court process, but we are absolutely diligently working on that. The short-term rental team has been hard at work. Mr. Coston: Commissioner Mauch? Mr. Mauch: Do we know how many active applications we have in the pipeline for short-term rentals that may be affected in this new proposed either Alternative A or the other resolution? Ms. Bookholt: It would take us a few minutes to pull the actual number. I know that you have a couple on your agenda today, and I know of at least three more that are in our pipeline. But if you give us a little bit of time,we'll check to see if there are any others that came in. Mr. Mauch: Okay. Thank you. Mr. Coston: Okay,Commissioner Plumlee. Mr.Plumlee: Yeah,I have a motion to approve. And I want to thank everyone for speaking their mind on this. Obviously,there are some with real,concrete interests immediately impacted. There are others who have general concerns about the reduction. I appreciate every one of their comments. I will say there is a rational basis for this amendment. It's quite clear,with regards to both housing stock and the intensity of short-term rentals as opposed to residential. With regard to the application that's pending, I would say you had the building for a year and you've been able to apply. This has been noticed,and we got an extension with regards to the map modification. So it's been months that we've been considering this. This is not a shock. We extended the period for additional input. However, we're only making a recommendation, it's council that ultimately passes this. I encourage you to make these thoughts known to council. They may take into consideration exactly your circumstances. It doesn't prevent them from doing so simply because we've been asked to make a recommendation,which we are time sensitive having to respond to. I spoke to Ms.Owens directly on the phone. I've talked to a couple other folks over this time. There have been very few objections laid out by folks living in this area. We do have the Central Beach project being considered, is only,at this point,a plan that has not been before us for consideration, so it's nothing concrete. But I have consistently spoken out against the proliferation of short-term rentals,and asked for the reduction of the number of short-term rentals, and I've been on the record since I came on this commission 3 years ago, stating my opposition. So,with all of that,with the long process that we put in place to try to take into consideration everyone's position, I'm making a motion to approve both the ordinance amendment to grandfather currently permitted folks in that area,so they do not have to come back for continued administrative renewal, and for the reduction, but not using the resolution map, but using the Alternative A map, which decreases the amount of the reduction, and that's my motion. Ms. Alcock: Excuse me, Chair, sorry. Based on the discussion in informal, we were going to have this as 2 votes,which is how we have it in the system. Mr. Plumlee: I thought we were going to hear them separately, and then they came together. So I didn't know how you wanted that addressed. I'm more than happy to make them separate,if that's the way. So I would move to approve item 1. Mr. Coston: I guess it's item 1 is the first. Mr. Plumlee: Item 2 is the second. Mr. Coston: It's been moved by Commissioner Plumlee and seconded by Commissioner Schoonover that item 1 be approved. Clerk: The vote is open. Commissioner Mauch, your vote? Mr. Mauch: Could I ask, before my vote, and I apologize, I was having a conversation, to see which, either item number 1 or item number 2, 1 would like to ask if there could be a transition rule put in place, so that any active applications can be viewed, to make sure that the people who had intentions prior to anything being passed would be able to be looked at as if the rules were in place after their application is heard. Mr.Plumlee: And is that part of item P Mr. Mauch: And that's what I was getting,because that's what we're considering. Mr. Coston: Yes,that's item 1,please. Ms. Hippen: Item 2 has the deadline. Ms. Sabo: I think they would both need to be changed, because the grandfathering provision in number 1 is specific to those that have been granted before September 1, 2026. I'm not sure if there is a desire to have some sort of transition rule for those that are currently in process. Mr. Plumlee: I don't have that desire. I considered it while it was being presented. I don't have that personally. Now, you can make a motion to substitute, obviously that's your right to do, but City Council has asked us to make a decision on their request. It's been months, we got an extension for it. They can consider how they want to deal with transition if they'd like to. So for that reason, and I appreciate your thoughts with regards to that, it is a sensitive issue, but I think we need to draw it to an end and put this before council. So that's my motion. It's without that. Mr. Mauch: Okay. And so, will I have an opportunity, what we're voting on right now, will I have an opportunity to speak later? I've voted already. Mr. Coston: Well, I think everybody's just about voted, except for. Has everyone voted? Mr.Plumlee: Yep. Clerk: Yes. By a recorded vote of 11 to 0, item 1,City of Virginia Beach,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 �A BfgC r Off' }�s ��4Ygt,N1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY THE DESIGNATION AND REDUCTION OF PROPERTY LOCATED IN THE OCEANFRONT RESORT SHORT TERM RENTAL OVERLAY DISTRICT. MEETING DATE: September 1, 2026 ■ Background: The Oceanfront Resort Short Term Rental (STR) Overlay District was established in 2021 to allow STRs with a Conditional Use Permit within the overlay. In response to the increasing number of STRs and concerns regarding parking impacts and the loss of housing stock, City Council directed the Planning Commission to consider reducing the overlay boundary. Staff outreach to various advisory groups and stakeholders resulted in generally neutral feedback, with some support for retaining the ViBe District within the overlay. The item was presented to the Planning Commission on July 8, 2026, and deferred. An alternative map, Alternative A, was subsequently presented, which would retain a portion of the ViBe District, the block north of 17th Street, and the half block south of 17th Street within the overlay. Since the Planning Commission meeting, the number of STR's that would be removed from the overlay has been updated based on more current and clarified data. The original resolution map would remove 79 STRs with a CUP from the overlay, whereas Alternative A would remove 67 STRs with a CUP. All qualifying STRs removed from the overlay would be able to continue operating as grandfathered uses, subject to applicable conditions and without administrative renewal. Grandfathered status would be lost if the STR ceases operation for two consecutive years. Letters were mailed to affected property owners notifying them of the proposed changes before both the July and August Planning Commission hearings; an informational webpage was added to the City's STR website, and a public informational meeting was held on August 4, 2026, with 5 members of the public in attendance. ■ Considerations: Staff and the Planning Commission support the amendment to update the official zoning overlay map for Short Term Rentals. There were six speakers in opposition City of Virginia Beach Page 2 of 2 at the Planning Commission hearing stating concerns regarding loss of housing values, removal of future options for property owners within the affected area to apply for an STR Conditional Use Permit, and personal economic impacts. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 12, 2026, the Planning Commission passed a motion to recommend approval of this request and the Alterative A map by a vote of 11 to 0. ■ Attachments: Staff Report and Disclosure Statements STR Boundary Overlay Maps Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:/V Agenda Item 2 A•• of _ Planning Commission • 2026 Oceanfront Resort • Overlay District Modification An ordinance to amend the official zoning map by the designation and reduction of property located in the Oceanfront Resort Short Term Rental Overlay District. Summary of Request The Oceanfront Resort Short Term Rental Overlay District was established on July 13, 2021, permitting short term rentals (STRs) with a conditional use permit within the overlay. During the April 21, 2026, City Council meeting, a referral resolution sponsored by Vice-Mayor Wilson and Councilmembers Remick, Schulman, and Henley was approved, directing the Planning Commission to review a revision to the Oceanfront Resort STR Overlay District. Due to the proliferation of STRs at the oceanfront and the detrimental impacts to the neighborhood from parking and loss of housing stock, the overlay boundary is proposed to be reduced in area. As of December 2025, there were 331 permitted STRs within the existing overlay. The proposed overlay boundary contains 281 permitted STRs. This text amendment is in conjunction with Item 1, which would allow any short term rental that received a conditional use permit between November 1, 2019, and September 1, 2026, and that is located within a zoning district where short term rentals are not a permitted or conditional use, to be considered grandfathered and shall be permitted to continue subject to conditions. This would allow the 50 STRs removed from the overlay to continue to operate as a grandfathered STR. Outreach has included briefings to the Old Beach Design Review Committee, Bayfront Advisory Commission, Resort Advisory Commission's Transportation, Parking, Pedestrian Committee, Resort Advisory Commission's Planning/Design Review Committee, and the Hampton Roads Realtors' Association. Feedback was generally neutral, with some members advocating for keeping the VIBE District within the STR overlay. This item was presented during the July 8, 2026 Planning Commission and deferred on the consent agenda. During that meeting an alternative map was presented. "Alternative A" keeps a portion of the VIBE district within the STR overlay along with the block to the north of 17th Street and the half block to the south of 17th Street. Since that meeting, notices were sent out to all affected properties, an informational landing page was added to the City's STR website, and an informational public meeting was held on August 4, 2026. Planning Commission will need to identify which of the two maps presented are being voted on during the public hearing. City of Virginia Beach Agenda Item 2 page 1 of 5 Ordinance REQUESTED BY VICE-MAYOR WILSON AND COUNCILMEMBERS REMICK, SCHULMAN AND HENLEY 1 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP 2 BY THE DESIGNATION AND REDUCTION OF PROPERTY 3 LOCATED IN THE OCEANFRONT RESORT SHORT TERM 4 RENTAL OVERLAY DISTRICT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the official zoning map of the City of Virginia Beach be, and hereby is, 13 amended to modify the boundary of the Oceanfront Resort Short Term Rental Overlay 14 District as follows: 15 16 1) The Oceanfront Resort Short Term Rental Overlay District shall consist only of 17 those properties zoned Oceanfront Resort District and shown on the attached 18 map labeled "Proposed STR Map Boundary 2025." 19 20 2) Any short-term rental within this overlay district that is grandfathered pursuant 21 to section 241.2(12) shall still be considered grandfathered and must still meet 22 the conditions of section 241.2. Any expansion of the footprint of the dwelling 23 housing the short term rental that expands the overall square footage by more 24 than twenty-five (25) percent or one thousand (1,000) square feet, whichever 25 is less, shall have its grandfathered status revoked. Grandfathered status shall 26 run with the land. However, any grandfathered short term rental that 27 continuously remains vacant, or not used as a short term rental, for a period of 28 two (2) years or more, starting from the date of adoption of this ordinance, shall 29 lose its "grandfathered" designation. 30 31 3) Any short term rental within this overlay district that received a conditional use 32 permit before the adoption of this ordinance shall be considered grandfathered 33 and shall be permitted to continue subject to the conditions of section 241.2(1) 34 through (15) and (17) as modified by the terms of the conditional use permit 35 and shall not require additional administrative approval. \ City of Virginia Beach Agenda Item 2 page 2 of 5 Ordinance 36 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 CA-17094 R-3 March 10, 2026 City of Virginia Beach Agenda Item 2 page 3 of 5 Proposed • Boundary Proposed STR Map Boundary 2025 VIRGINIA BEACH A, 5 . as 0 O Y o g o E ... C 0 O s Nonmrplont STRS within OR(107) y •Gxrpl-t STR,wRhin OR(331) �'{ SM Out we of Proposed Oveday B—dary(S0) Proposed Overlay O ent STR Overtay ty.gr" - Sources: Complicnt STR data is from Accela and Noncompliont STR data is from Granicus Host - ' Compliance(Note:each point that was flagged by Host Compliance has not been - confirmed that there is a violation occurring.Some may be compliant homeshores,have . I fully closed calendars,ete j,Data obtained December 2025, Map crented(by Pf a wag Department an 2211212025 City of Virginia Beach Agenda Item 2 page 4 of 5 Proposed STR Map Boundary Alternative A Short Term Rentals: .,T I f� ty~ VIR61NIA Alternative A BEACH m< , . T� 3� z f 4 t c 0 0 dc cm ° e Noncompliant STRs within OR(107) _ •Compliant STRs within OR(331) SIRS Outside of Proposed Overlay Boundary(36) -Alternative A Boundary - -Current STR Overlay District sources: Compliant STR data is from Acceta and Noncompliant STR data is from Granicus Host Compliance(Note:each point that was flogged by Host Compliance has not been confirmed that there is a violation occurring.Some may be compliant homeshores,hove fully closed calendars,etcj.Oato obtained December 2025. r. City of Virginia Beach Agenda Item 2 page 5 of 5 REQUESTED BY VICE-MAYOR WILSON AND COUNCILMEMBERS REMICK, SCHULMAN AND HENLEY 1 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP 2 BY THE DESIGNATION AND REDUCTION OF PROPERTY 3 LOCATED IN THE OCEANFRONT RESORT SHORT TERM 4 RENTAL OVERLAY DISTRICT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require, 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the official zoning map of the City of Virginia Beach be, and hereby is, 13 amended to modify the boundary of the Oceanfront Resort Short Term Rental Overlay 14 District as follows: 15 16 1) The Oceanfront Resort Short Term Rental Overlay District shall consist only of 17 those properties zoned Oceanfront Resort District and shown on the attached 18 map labeled "Short Term Rentals: Alternative A." 19 20 2) Any short-term rental within this overlay district that is grandfathered pursuant 21 to section 241.2(12) shall still be considered grandfathered and must still meet 22 the conditions of section 241.2. Any expansion of the footprint of the dwelling 23 housing the short term rental that expands the overall square footage by more 24 than twenty-five (25) percent or one thousand (1,000) square feet, whichever 25 is less, shall have its grandfathered status revoked. Grandfathered status shall 26 run with the land. However, any grandfathered short term rental that 27 continuously remains vacant, or not used as a short term rental, for a period of 28 two (2) years or more, starting from the date of adoption of this ordinance, shall 29 lose its "grandfathered" designation. 30 31 3) Any short term rental within this overlay district that received a conditional use 32 permit before the adoption of this ordinance shall be considered grandfathered 33 and shall be permitted to continue subject to the conditions of section 241.2(1) 34 through (15) and (17) as modified by the terms of the conditional use permit 35 and shall not require additional administrative approval. 36 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 ' Attorneys O ice CA-17094 R-4 August 12, 2026 2 Proposed STR Mann Boundar`, 2025 j CITY ~ P� l BEACH 41%- o � s , 0. 4 , i~ 4rya/ f N - Q { F tt n„ ill � • ©•o • - �Ri Y p s o GV 1 z a i 0 '� rr ma a / � • _ k ts �a .. i �v�1,� unnwgw Zl G• v i _. •Noncompliant STRs within OR(107) •Compliant STRs within OR(331) OSTRs Outside of Proposed Overlay Boundary(50) iN .Proposed Overlay ` -Current STR Overlay District — � IC 'Sources: Compliant STR data is from Accela and Noncompliant STR data is from Gronicus Host -Compliance(Note:each point that was flagged by Host Compliance has notbeen « confirmed that there is a violation occurring.Some maybe compliant homeshores,have fully closed calendars,etc.).Data obtained December 2025. Mop createdlby'Plonning Department on 1211212025 Virginia Beach Planning Commission August 12, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #2 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. If you had an application that was on the consent agenda,your request will be now 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 virtually or in person, but you are free to leave. The next order of business is the regular agenda. The regular agenda will proceed as follows: the applicant will be given up to 10 minutes to present their item. We will then hear from speakers in support and opposition. The applicant may then return to the podium for up to 3 minutes for rebuttal,and then answer any questions from the commissioners. Madam Clerk,we're ready for the first item. Clerk: Our first items are items 1 and 2, City of Virginia Beach. Ms. Sabo: Good afternoon, Hannah Sabo,Zoning Administrator for the City of Virginia Beach. Items 1 and 2 are both related to short-term rentals at the oceanfront. Item 1 is an amendment to Section 241.2 of the Zoning Ordinance, and item 2 is an amendment to the Oceanfront Resort Short-Term Rental Overlay District. On April 21 st of 2026, City Council approved a referral resolution sponsored by Vice Mayor Wilson, council members Remick, Schulman, and Henley, relating to STRs in the Oceanfront Resort District. That was a 2-prong resolution. The first was an amendment to adjust the STR overlay boundary, and then the second was a revision to the parking requirements for short-term rentals in the Oceanfront Resort. Today,we are hearing the overlay boundary revision. The STR parking requirements were already heard by the Planning Commission at the previous meeting. Legally operating short-term rentals that are mapped out of the overlay would become grandfathered, and they would be permitted to continue to use their STR under the conditions of their conditional use permit,with the exception that grandfathered STRs cannot expand the footprint of the dwelling beyond 25%or 1,000 square feet,whichever is less, and if they are not used as an STR for a period of 2 years,they would lose their grandfather designation. If this ordinance is approved, any STR operating illegally outside of the new boundary would no longer be able to apply for a conditional use permit. The updated STR overlay map,proposed as part of the resolution, is shown here. The portion in purple would be removed. During the July 8, 2026, Planning Commission meeting, an alternative map was presented, and this map is Alternative A,that keeps a portion of the Vibe District within the STR overlay, along with a block to the north of 17th Street and half a block to the south of 17th Street. We can zoom into the area, and it shows the difference between the 2 maps. If you toggle between the two,you can see Alternative A keeps a portion of the Vibe District, and that portion around 17th Street. Since the resolution was adopted by City Council during their April 21 st meeting, multiple commissions and boards were briefed on this amendment, and during the July 7th City Council hearing to extend the resolution,and then the later Planning Commission meeting,we did not have any speakers signed up at those meetings. On July 22, a landing page was added to the STR website, providing information on this update, including both maps provided, along with contact information for anyone who had questions. There was a drop-in style citizen outreach meeting held on August 4th in the evening,within walking distance of those affected areas,and 5 members of the public came and asked questions. Staff received about 15 calls last month with questions about the overlay change, and there was a letter of opposition, which was included in the supplemental package. During the vote, we will ask that you'll need to identify which map you will be voting on. Again,this is items 1 and 2,both relating to the STR overlays, and staff does recommend approval. Mr. Coston: Discussion or motion? Clerk: We do have speakers. Mr. Coston: We have speakers. Clerk: Yes, our first speaker is Myra Garcia, followed by Scott Westfall. Mr. Coston: Please state your name for the record. Ms. Garcia: My name is Myra Garcia, owner of Beach Vibe Stays, LLC in the Vibe District. Good afternoon, members of the Virginia Beach Planning Commission, fellow Virginia Beach residents and constituents. My name is Myra Garcia. I am an Old Dominion University graduate, was accepted into the Flex MBA program at the College of William&Mary,and have lived in the Virginia Beach area for nearly 2 decades, and have been an entrepreneur in our community for more than 10 years. Virginia Beach is not simply where I conduct business, it's where I built my life. My journey in real estate began when I was 19 years old in college. I purchased my first property in Drift Eye Condominiums here in Virginia Beach. Since then, I have worked hard to raise a family, build businesses, invest in real estate, and participate in the community that I chose to call home. Over those years, I've also learned the privilege and responsibility that comes with owning property near the water. Today, after years of work and investment, I own property near the Virginia Beach oceanfront. I have watched this area grow,change,and become increasingly valuable. I took my time getting here. I saved money, weighed my options carefully,and made deliberate decisions about where to invest. When I finally purchased this property, I specifically chose an area where short-term rental use was permitted, because that opportunity was an important part of my decision and my financial planning. To learn,even a year later,that the parameters and boundaries may change is deeply discouraging for owners like me, who rely on the rules that were in place when we made our investments. That simply does not feel fair. That is why I'm deeply concerned about the proposed changes that could further restrict or reduce the areas where short-term rentals and similar uses are permitted. When the city changes an established map or land use expectation,that decision does not come in a vacuum. It affects real people who purchase property, borrow money, renovate buildings, pay taxes, and make long-term plans based on those rules and opportunities that existed when they invested. Virginia Beach real estate has become increasingly expensive and competitive as new investment continues to enter our city. It becomes harder for the ordinary local resident and small business owner to acquire property and participate in the economic growth of the oceanfront. I respectfully ask the Commission to distinguish between future speculative development and existing property owners, who rely in good faith on the city's prior zoning maps and regulations when making substantial investments. Properties that were lawfully eligible for short-term rental use, or that were acquired and developed in reasonable reliance upon that eligibility, deserve serious consideration for grandfathering status, vested protection, and especially designated overlay or map. I also ask the Commission to consider the people who have spent years, in many cases decades, paying taxes here, raising families here, creating jobs here, purchasing properties here, and contributing to this community. This is not an argument against progress. It is an argument that progress should not come at an unnecessary expense of the people who helped build and invest in Virginia Beach before the growth arrived. On January 1, 1963,Princess Anne County and the former City of Virginia Beach came together to form the unified City of Virginia Beach that we know today. Our history reminds us that the future of the city has always required balancing different communities,neighborhoods, businesses,residents, and generations under one municipal government. More than 60 years later, we should continue making major decisions with the understanding that we are one Virginia Beach. I therefore respectfully ask this Commission to consider the proposed boundaries and examine alternatives that protect existing property owners, recognize legitimate investment- backed expectations, and preserve opportunities for the long-term Virginia Beach resident and locally established businesses. Please consider grandfathering qualifying properties in process, establishing the appropriate overlay or specific district, and develop another lawful mechanism that allows existing local property owners to continue participating responsibly in the Virginia Beach tourism economy. I have watched Virginia Beach grow for nearly 2 decades. I have raised my family here. I educated myself here. I built my business here. I invested here. I pay taxes here. I have repeatedly chosen to continue calling Virginia Beach my home. Thank you. Mr. Coston: Do we have any questions? Commissioner Plumlee. Mr. Plumlee: Thank you very much for your well-considered comments, I appreciate it. Let me make sure I understand your particular circumstance. Are you saying that you have an application before us right now for a conditional use permit for a rental? Ms. Garcia: Correct. It's under Virginia Beach. Mr. Plumlee: Okay. And it's in what would be a purple area, in either one of these maps. Ms. Garcia: It's on the border line. My hearing comes next month, and I was told that I was in the middle of everything, so I have to speak up. Mr. Plumlee: So you have an application that's pending, it's already been submitted. Ms. Garcia: Correct. Mr. Plumlee: Any other general comments that you have regarding your opposition? I think I understand your personal circumstance. Ms. Garcia: Yes. Mr. Plumlee: But you understand the city has a right to determine the areas where there would be short-term rentals. Ms. Garcia: Correct. Mr. Plumlee: How long ago did you purchase your building? Ms. Garcia: Over a year ago. Mr. Plumlee: All right. Thank you very much. Ms. Garcia: Thank you. Mr. Coston: Any other questions or comments? Ms. Hippen: I have a question for staff. Because her application is in process, is she grandfathered? Is she part of the grandfather portion? Ms. Sabo: Only those properties which have a conditional use permit for an STR when this ordinance goes into effect would be grandfathered. So those that are still in process would not be grandfathered. Ms. Hippen: Okay. Thank you. Mr. Coston: Any other questions? You may be seated. Clerk: Thank you. Our next speaker is Scott Westfall, followed by Kathy Owens. Mr. Westfall: Hi, my name is Scott Westfall. Good afternoon, members of the Planning Commission. Again,my name is Scott Westfall. I have lived in Virginia Beach since 2010. I've been a licensed real estate broker here for the last 11 years,and I've really worked in the local real estate industry since 2011. I got my start in the industry managing vacation rentals from Croatan to Old Beach to the North End, many of which had been weekly vacation rentals dating back to the 1960s. I've had a front seat to watch the industry grow from vacation rentals to what we know as short-term rentals today. And one thing I can say with confidence is that short-term rentals are not new in Virginia Beach. I think we all know that they've been a core fixture of the oceanfront community and tourism economy for over 6 decades. So,needless to say,I am here today in strong opposition to the proposed amendment to reduce the Oceanfront Resort Short-Term Rental Overlay District, which, when did we start calling it the Short-Term Rental Overlay District, is it the Oceanfront Overlay or Oceanfront Resort, or is it short. Anyways, while stricter oversight made sense when Airbnb and other platforms emerged, it's my opinion the city rushed regulation in 2018, and ever since, they've continually moved the goalposts, changing the rules whenever it fit the narrative best. The justification being used for the proposed amendment,protecting neighborhood character and long-term housing, simply does not hold up. The area being carved out is not Old Beach, nor does the proposal generally protect housing stock. Claiming this change saves housing stock is kind of absurd when you look at the data. This boundary change affects very few properties that aren't already legally operating as short-term rentals. The remaining homes in the area often don't meet the current zoning rules and would never become short-term rentals anyway. If we can't enforce and regulate illegal short-term rentals today, how does shrinking this map change anything? In a private correspondence with one of the authors of this proposal, council member Worth Remick, in an email last year when I heard about this, I emailed him. I asked him what was going on, and he admitted the real driving force to me, and I quote, "Hotels are not too happy either with more short-term rentals,as they see short-term rentals as unfair competition." It's deeply troubling to see public policy leveraged to protect well-funded hotel and corporate interests at the expense of local property owners who played by the rules, secured conditional use permits, and jumped through every hoop required. Instead of constantly restricting property owners and shutting out new ones, why are we not focused on enforcing the rules already on the books? I appreciate that all the properties that have a conditional use permit will be grandfathered in, I think that is sensible. And so, if you do feel compelled to vote for this change, I strongly urge you to adopt the least restrictive alternative map. Specifically, the Vibe Creative District must remain inside the Oceanfront Resort Overlay. It really does not make sense to move that out of it. I don't understand what we're defining as Oceanfront Resort anymore. It's where a lot of the tourism comes, also where the wave pool is,that doesn't make sense to me either. But neither here nor there,I respect that the city can zone it how they'd like. Furthermore,I ask that if you are supporting Amendment 2, that you would expand the grandfather protections so that law-abiding property owners aren't stripped of their investments. Ultimately, I'm asking you to please don't penalize local residents to shield corporate interests. Thank you. Mr. Coston: Do we have any questions,Mr. Camp? Mr. Camp: Yes, sir. Thank you for coming before us today and offering us your thoughts and opinions on this. You were speaking fast, and so I don't want to misstate what I think I heard. Help me out. I believe I heard you make a statement that this ordinance would not protect the housing stock in that area,or the short-term rentals weren't affecting the housing stock. Could you say that again,more slowly, and help me understand what you're saying? Mr. Westfall: Yeah, I appreciate you. Yes, I was nervous and talking fast. Yes, I think, if we look at the map, the number of properties within the purple area right now that are either not operating as a short-term rental are very few. So, if the argument is that we are protecting housing stock for people who want to live here for 12 years,there's a larger chunk of this green zone with more housing in it than where we are looking at right now. And so, I think, if you,I don't have the data, I would love if the planning staff knew how many actual properties are within the purple map, and then how many of those could actually be short-term rentals under the current zoning ordinance. I would suspect it's very, very few, and the ones that are legally operated or are available based on the current ordinances are already operating legally that way. Mr. Camp: Okay. Thank you for clarifying your statement. Mr. Westfall: Does that make sense? Mr. Camp: I'm not going to agree or disagree with you. Mr. Coston: Did it make sense? Mr. Camp: Yeah, I understood, I think,what you were trying to tell us. So,thank you, sir. Mr. Coston: Any other questions? Thank you, sir,you may be seated. Clerk: Our next speaker is Kathy Owens via WebEx, followed by Adarsh Jain. Ms. Owens: Hi,can you hear me? Clerk: Yes. Ms. Owens: Okay, great. Hi, good afternoon, Chairman, Vice Chair, and members of the Planning Commission. My name is Kathy Owens,and I thank you for this opportunity to address the Commission, and I also apologize for being virtual due to my work commitments. So,bottom line up front, I respectfully ask you, the city, to withdraw this ordinance, or to vote against this ordinance, including either of the proposed maps, because it removes valuable property rights without a demonstrated factual basis. I also echo all of the points that Ms.Garcia and Mr.Westfall made, and, in addition to my points that I made in both of the letters that I sent to the Planning Commission, both last month and this month, in opposition, I'd like to highlight a few of those points. So, you've heard some of my concerns, both in my letters and at the August 4th meeting, and from these other opponents to this ordinance, but we did not see those reflected in the staff report. That's a concern. Also,that in the staff report for this agenda, I do not see a recommendation from staff. I did hear staff verbally say that they approved a recommendation,but I did not see that in the agenda writing. Secondly, at the open house, the staff stated that their outreach at the civic league meetings, that residents had stated that the neighborhood had become saturated with short-term rentals. When asked what saturated means, there was no answer, or an objective definition, or to identify what number or percentage of short-term rentals would be appropriate for Virginia Beach's premier tourism district. What was also noteworthy was that there are properties in this overlay district that are not within the boundaries of any neighboring civic league because it's a tourist zone. So, given that the affected property owners don't have an organized association representing their interests, it's even more important that the city conduct meaningful outreach directly to those property owners before recommending permanent changes to their property rights. Planning decisions should be based on measurable standards, not subjective opinions. I would also point out that about 60%of the area proposed to be removed from the overlay is city-owned property, including the convention center,the sports center, and municipal parking lots. I would support removing those public parcels. And finally, the short-term rental enforcement task force recommended improving enforcement, not reducing overlay boundaries. Before removing established property rights, the city should demonstrate that existing regulations are being effectively enforced and that objective evidence supports this proposal. Again, I respectfully ask the Commission to not approve this ordinance until objective planning criteria and measurable standards are established. Thanks for your time and consideration. Mr. Coston: Do we have any questions for the speaker? Thank you,ma'am. Ms. Owens: Thank you. Clerk: Our next speaker is Adarsh Jain,followed by Amrish Jain. Mr. Adarsh Jain: Good afternoon, members of the Planning Commission. My name is Adarsh Jain. I'm a homeowner on 20th Street. Under the current proposal, the city is cutting our side of 20th and Half Street out of the short-term rental overlay. I'm speaking today to ask you to reject this reduction entirely, or at a minimum, adjust the proposed boundary line to 20th Street. I urge you to consider 3 key points. First, splitting 20th and Half Street down the middle is completely arbitrary. Under this proposal, one side of 20th and Half Street remains in the STR zone, while the other side is removed, drawing a zoning boundary down the center line of a half street, and both sides share the same pavement, traffic, and parking, which is also used by 20th Street residents, serves no legitimate planning purpose. Drawing the line at 20th and Half Street versus 20th Street has no functional relevance. Moving the line a few yards to 20th Street creates an open, meaningful boundary, rather than an arbitrary split down a half street. Second, removing this property from the STR zone will not solve Virginia Beach's housing shortage. Across this entire proposed reduction, we are talking about fewer than 50 total homes in a quasi-commercial area. So this kind of answers the number of houses that people are talking about. We used Al to determine how many houses are there, and that's it. I could be completely off the mark, but it's pretty close to 50 or less homes, and that, too, in a quasi-commercial area, because there are a lot of coffee shops,there are a lot of other businesses,there are restaurants and everything. So, before I purchased my property on 20th and Half Street, it sat on the market for over 8 months. So, if somebody comes in to buy the property for an STR, it makes sense,because it was sitting there for 8 months. I mean, you can look at the data, and in fact, the 4 homes that were built, 1 home is still on the market, it hasn't sold. So, restricting STRs in this small pocket will not create affordable long-term housing. It simply strips property rights in a neighborhood inherently suited for tourism. Third, STRs drive vital redevelopment across these aging streets. Over 95%of homes in this affected zone are more than 30 years old. Short-term rentals give property owners the incentive to redevelop and maintain these aging properties. Moreover, being located directly behind a commercial hot spot and in the oceanfront zone, our homes host travelers with families who directly support local housekeepers, maintenance workers, and nearby businesses. In conclusion, splitting 20th and Half Street down the middle creates an illogical boundary that solves zero parking, traffic, or housing issues. I respectfully ask you to vote against shrinking the STR overlay in its entirety, or, at a minimum, adjust the proposed boundary line to 20th Street. Thank you so much for hearing me out. Mr. Coston: Do we have any questions? Thank you, sir, you may be seated. Mr. Adarsh Jain: Sure. Clerk: Our next speaker is Amrish Jain, followed by Mike Lancaster. Mr. Amrish Jain: Good afternoon, council members. My name is Amrish Jain, and I'm a property owner at 20th and Half Street. So, my property will be cut down from the STR overlay, either from either of the proposals. I'd like to request you to vote against this proposal today, and I'd like to bring some points to your attention. First is STRs, STR, or short-term rental, I'll call it STRs. Short-term rental brings a lot of jobs, and helps promote local businesses, like cleaning, maintenance, hospitality. It offers visitors, like small families and military, an extended stay option which is not covered by large businesses, large hotels, they are very expensive for these type of stays. So, cutting this boundary affects small businesses,the STRs,and, in fact,helps big businesses,the big hotels, which is contrary to, like, Virginia Beach and other government efforts to promote small businesses. The second is enforcement versus zoning. I think an earlier speaker also said that we should enforce the existing laws. If the problem is nuisance and complaints,noise,parking,trash,I think laws are already there to enforce. Just rezoning it won't solve that problem. We have to solve the problem where the problem is. The third is, I think during the July 8th meeting or 7th meeting, a commissioner noted that the reduction is aimed at preserving housing stock for future growth for the Central Beach District. I'd like to understand what kind of analysis is being done, especially for 20th and Half Street, because part of, one side of 20th and Half Street is kept in the updated proposal,but the other half is being cut. So I'd like to understand, is this incidentally swept in,the proposed cut,or has parcel-level justification been done about the density, about how many short- term rentals versus actual properties are there? In closing, I'd like to again reiterate that please consider these points and reject this proposal today. Thank you. Mr. Coston: Commissioner Camp. Mr.Camp: Yes,sir. Thank you for coming down and speaking with us today. Would you please clarify, do you own a property in this area that is proposed to be taken out of the boundary? Mr. Amrish Jain: Yes, sir. Mr. Camp: And is that operating as an STR now? Mr. Amrish Jain: No, sir. Mr. Camp: So it is something you would like to do? Mr.Amrish Jain: Yes, sir. Mr. Camp: Do you have an application in currently? Mr. Amrish Jain: We had an application, that application was rejected. We'd like to go again next year. Mr. Camp: All right. Thank you so much. Mr.Amrish Jain: Thank you. Any other questions? Mr. Coston: You may be seated. Thank you. Clerk: Our final speaker is Mike Lancaster. Mr. Lancaster: Good afternoon. My name is Mike Lancaster. I'm here to speak on behalf of Mrs. Garcia. I'm a building contractor. I was hired a while back to help her get everything situated in her facility. We have spent a lot of time and money and energy getting the building prepared for you folks,and just to be hit with a map change, so I'm requesting that you folks please hold off on this particular map. I grew up in the area. The first time I got a haircut was literally right around the corner from where this particular building is. When I originally met Myra, I said, "You're not going to have any problems getting this approved because I see what's going on. I'm a product of the oceanfront." So I'm really just asking folks to please just kind of hold back on that map. This lady helped me when I was fighting stage 3 cancer, so I'm doing everything I can to help her get where she needs to go. So we really need you folks to reconsider that. Thank you very much. Mr. Coston: Any questions? Thank you, sir,you may be seated. Clerk: That was our last speaker. Mr. Coston: Well, Ms. Sabo,would you like to come back and do any rebuttal or anything? Ms. Sabo: I'll just add that there are 223 affected parcels within that resolution map, all of which were sent notices, prior to the original Planning Commission meeting where it was deferred, and then prior to this meeting. Mr. Coston: Thank you. Mr. Camp: Ask a question of the staff. Mr. Coston: Yes, sir. Mr. Camp: By your leave, Commissioner. Mr. Coston: Commissioner, go ahead. Mr. Camp: Several of the speakers raised the issue of enforcement. Would you care to state on the record your progress on enforcement in this area? Ms. Sabo: Yes, absolutely, thank you so much for that opportunity. Our short-term rental team has been doing a lot of good work out in that area. Let me pull up the, make sure I have that number, the non-compliant short-term rentals within the Oceanfront Resort. From December 2025, we had 107 identified, and as of this month,there are only 16 identified as operating illegal short-term rentals within the Oceanfront Resort. So it does take time, we have to go through the court process, but we are absolutely diligently working on that. The short-term rental team has been hard at work. Mr. Coston: Commissioner Mauch? Mr. Mauch: Do we know how many active applications we have in the pipeline for short-term rentals that may be affected in this new proposed either Alternative A or the other resolution? Ms. Bookholt: It would take us a few minutes to pull the actual number. I know that you have a couple on your agenda today, and I know of at least three more that are in our pipeline. But if you give us a little bit of time,we'll check to see if there are any others that came in. Mr.Mauch: Okay. Thank you. Mr. Coston: Okay,Commissioner Plumlee. Mr.Plumlee: Yeah,I have a motion to approve. And I want to thank everyone for speaking their mind on this. Obviously,there are some with real,concrete interests immediately impacted. There are others who have general concerns about the reduction. I appreciate every one of their comments. I will say there is a rational basis for this amendment. It's quite clear,with regards to both housing stock and the intensity of short-term rentals as opposed to residential. With regard to the application that's pending, I would say you had the building for a year and you've been able to apply. This has been noticed, and we got an extension with regards to the map modification. So it's been months that we've been considering this. This is not a shock. We extended the period for additional input. However, we're only making a recommendation, it's council that ultimately passes this. I encourage you to make these thoughts known to council. They may take into consideration exactly your circumstances. It doesn't prevent them from doing so simply because we've been asked to make a recommendation,which we are time sensitive having to respond to. I spoke to Ms.Owens directly on the phone. I've talked to a couple other folks over this time. There have been very few objections laid out by folks living in this area. We do have the Central Beach project being considered, is only,at this point,a plan that has not been before us for consideration, so it's nothing concrete. But I have consistently spoken out against the proliferation of short-term rentals,and asked for the reduction of the number of short-term rentals, and I've been on the record since I came on this commission 3 years ago, stating my opposition. So,with all of that,with the long process that we put in place to try to take into consideration everyone's position, I'm making a motion to approve both the ordinance amendment to grandfather currently permitted folks in that area, so they do not have to come back for continued administrative renewal, and for the reduction, but not using the resolution map, but using the Alternative A map, which decreases the amount of the reduction, and that's my motion. Ms. Alcock: Excuse me, Chair, sorry. Based on the discussion in informal, we were going to have this as 2 votes,which is how we have it in the system. Mr.Plumlee: I thought we were going to hear them separately, and then they came together. So I didn't know how you wanted that addressed. I'm more than happy to make them separate,if that's the way. (The following dialogue reflects the discussion to approve the City Ordinance, which may not have directly followed the above discussion in this document) Ms.Walsh: Excuse me,one second,Mr. Chair. We just wanted to provide those numbers to you before you go with the next vote. Ms. Bookholt: It looks like there are seven applications that are in the pipeline. However, 6 are in 1 location, so it would be 6 units in 1 building. One other application is in the pipeline. Mr. Plumlee: Again, I think that can be considered by council. Frankly, we're just being asked to make a recommendation on this, on this Alternative A. So I don't want to overly complicate what goes to them. We're looking at the reduction and the principle of the reduction, and then, we've already passed with regards to item 1. So,based on all the reasons I've already said, I move to pass Alternative A under item 2. Mr. Coston: So, a motion to approve Item 2. Mr.Mauch: I'll second,just so that I can get my comments on the record. Moving forward,City Council does listen to and take into account what we have to ask or say, and I would just request that there be some sort of a transitional rule that council would consider moving forward. With that being said, I will vote yes for this. Mr. Coston: Discussion, Vice Chair, and then Commissioner Camp. Ms. Byler: By way of discussion, I would like to say that I appreciate those who have come out to speak on this, and I recognize that it means a lot to you. I will say that most of what I heard today in opposition to this has to do with economics, and that's important, not to undermine it in any way. However,we're also talking about the nature of neighborhoods. I'm an adjunct professor at Regent Law School, teaching real estate transactions, and I've studied the short-term rental impact on neighborhoods extensively, and it does change. It changes the way neighbors relate when your neighbor changes every 7 days. It changes the way trash pickup happens, and the way traffic and parking matter when people pull up on lawns to unload chairs and coolers. And I appreciate that Ms. Sabo told us that the licensure,the permitting,has come into compliance largely, but that doesn't mean that all of the enforcement of the regulations and being a good neighbor have come into compliance. Just because they're licensed doesn't mean they're good neighbors. So you can still have a lot of problems, a lot of parties, a lot of issues. Plus, the economics are clear that when you start leasing weekly,the value of the property goes up,because now you're valuing the property based on the revenue it brings,and not as a residence. That means the tax base goes up and everybody's taxes go up. So it's a very complicated issue, it's certainly not just one way or another. Having said that, I will support this, and I do support Alternative A, which is the larger reduction. No, it's not a lesser reduction, it's a larger footprint. Thank you. Mr. Coston: Commissioner Camp. Mr. Camp: I concur with the Vice Chair on this, that there is a balancing of interests, and what we haven't heard from today, but we have heard testimony at prior hearings about homeowners who have their own viewpoint about the neighbors that they get when a CUP for short-term rental is granted. And both of these are important interests:the preservation of existing neighborhoods, the allowance of property rights, and the maximizing of value, to whomever it is that has got an application in to put 6 STRs in 1 building. I believe, in one of our prior hearings, I asked the question, or maybe it was at a site visit, I don't remember, that an STR isn't the only way to skin the cat. If I recall, a boutique hotel with 6 units in it has some different requirements, but it's another way to achieve an economic interest out of that same piece of property in the same general spirit. It's not exactly the same, but it's another way to do it. I am not trying to create a loophole here, but I'm just pointing out, if you have one already in the pipeline, it doesn't mean that you are entirely foreclosed from all of your options. There are conversations to be had there, in addition to those Commissioner Plumlee has recommended. Thank you. Mr. Coston: Any further discussion? I believe we've already voted. Clerk: The vote is open. By a recorded vote of 11 to 0, item 2, City of Virginia Beach, 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 M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • GREEN RIBBON COMMITTEE • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • PUBLIC LIBRARY BOARD • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT VI1. PUBLIC COMMENT/ OPEN DIALOGUE 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 ITEM Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the https://vbgov.webex.com/weblink/register/rc7ae747e11024405fe5b25729ddd67b6 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 1, 2026. 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:08/18/2026 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 1. CITY COUNCIUS BRIEFINGS A. ADS,INC.OVERVIEW Ryan Angold,CEO— (Requested by Mayor Dyer) ADS,Inc. B. BUREAU OF OCEAN ENERGY Nino Ripepi, MANAGEMENT SEABED MINING UPDATE Associate Professor (Requested by Mayor Dyer,Vice-Mayor Wilson Virginia Tech and Council Members Berlucchi and Hutcheson) College of Engineering Richard Bishop Professor of Practice—Virginia Tech College of Enizineeriniz II.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y A.-F. G. PUBLIC HEARING I. LEASE OF CITY PROPERTY—VIRGINIA NO SPEAKERS BEACH FARMERS MARKET Building 1,Space 10 to TFK Deli LLC(d/b/a TFK Deli&General Store),and Building 8,Spaces 23 and 24 to Wild Works of Whimsy,LLC(d/b/a Southern Branch Nursery) 1.1. Ordinance to AMEND City Code Sections 16-44, ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A y Y 16-46,16-51,16-52, 16-53 and 16-56 and ADD CONSENT Section 16-51.1 re Workforce Housing 1.2. Resolution to APPROVE the 2026 Plan of ADOPTED,BY 10-0 y Y Y Y Y Y Y Y A y y Financing with the Virginia Beach Development CONSENT Authority(VBDA)not to EXCEED$175- Million,APPROVE certain documents prepared in connection with such financing and AUTHORIZE the execution and delivery of the same I.3. Resolution to ESTABLISH a moratorium on ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A y y the issuance of permits related to any new data CONSENT centers for twelve(12)months from the adoption of this Resolution or until such time as City Council takes final action on an Ordinance re2ulating data centers whichever occurs first 1.4. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y y A Y y encroachments into a 5'City-owned drainage and CONSENT utility easement,located along the sides and rear of 700 Greensboro Avenue re construct and maintain a vinyl bulkhead,return walls and maintain an existing timber bulkhead DISTRICT 5 I.S. Ordinance to AUTHORIZE the use of$75,000 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A y y from the Sandbridge Special Service Fund re CONSENT creation of a Sandbridge water tower mural(Requested by Mayor Dyer and Council Member Henley I.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y y y Y A y y $55,515 from the Edward Bryne Justice CONSENT Assistance Grant(JAG)to the FY 2026-27 Police Operating Budget re purchase of a narcotics tester and an equine 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:08/18/2026 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 I Y N N K I D E N N J.L ALLISON H.SITAR&ANTHONY J. APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y SITAR for a Street Closure re 7.5'x 50'portion CONDITIONED,BY of an unnamed,unimproved 15'lane and the CONSENT eastern 25'x 125'unimproved portion of Holly Road along the rear of and adjacent to 252 Bay Colony Drive DISTRICT 6 J.2. 33'STREET,LLC for a Street Closure re APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y approximately 3,680 square feet improved CONDITIONED,BY portion of 33rd Y:Street adjacent to 3300&3330 CONSENT Pacific Avenue and 305 33rd Street DISTRICT 6 J.3. 33rd STREET,LLC for a Modification of APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y Conditions to a Special Exception for Alternative MODIFIED/ Compliance re construct an 85'senior living CONDITIONED facility at 3300&3330 Pacific Avenue,305 33`d Street,property east of 3300 Pacific Avenue, prot)ertv west of 305 33'Street DISTRICT 6 J.4. 232 JERSEY AVE.,LLC for a Conditional Use APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y Permit re bulk storage yard at 233&241 CONDITIONED,BY Penns lvania Avenue DISTRICT 4 CONSENT J.5. CITYVIEW TWO,LLC for Conditional Use APPROVED/ 9-1 Y Y Y N Y Y Y Y A Y Y Permit re mini-warehouse at a parcel directly CONDITIONED,BY north of 20 Constitution Drive DISTRICT 4 CONSENT J.6. 1036 FP ROAD LLC for Conditional Use' APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y Permits re mini-warehouse and bulk storage CONDITIONED,AS yard at 1036 Ferry Plantation Road DISTRICT 9 AMENDED,BY CONSENT J.7. Ordinance to AMEND City Zoning Ordinance APPROVED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y (CZO)Sections 2100&2102 and ADD CONSENT Section 2107 re Workforce Housing K. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE INDEPENDENT CITIZEN REVIEW BOARD PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION CHESAPEAKE BAY ALCOHOL SAFETY Reappointed: 10-0 Y Y Y Y Y Y Y Y A Y Y ACTION PROGRAM Paul Neudigate—City Representative 3 Year Term 10/1/2026—9/30/2029 COMMUNITY ORGANIZATION GRANT Reappointed: 10-0 Y Y Y Y Y Y Y Y A y y REVIEW AND ALLOCATION COMMITTEE Mikayla Hume- Representing United Way of South Hampton Roads 3 Year Term 9/l/2026—8/31/2029 DEFERRED COMPENSATION BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Jessica Wheeley— Representing Sheriff's Department No Term CITY OF VIRGINIA BEACH J A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:08/18/2026 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 I R Y N N K D E N N DEVELOPMENT AUTHORITY Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Martin Joseph Reappointed: William Brunke Esmel Meeks 4 Year Term 9/1/2026—8/31/2030 FLOOD PREVENTION BOND REFERENDUM Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y OVERSIGHT BOARD Acelyn Juhas— Representing High School Student Student Term 8/18/2026—6/30/2027 HISTORIC PRESERVATION COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Sam Savino Hattie Friedman- Representing High School Students Student Term 8/18/2026—6/30/2027 HOUSING ADVISORY BOARD Reappointed: 10-0 Y Y Y Y Y Y Y Y A Y Y William Parks— Representing Architect 4 Year Term 10/1/2026—9/30/2030 HUMAN RIGHTS COMMISSION Reappointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Arnel Custodio 3 Year Term 9/1/2026—8/31/2029 OCEANA LAND USE CONFORMITY Reappointed: 10-0 Y Y Y Y Y Y Y Y A Y Y COMMITTEE Council Member Robert W."Worth" Remick— Representing City Council 5 Year Term 9/1/2026—8/31/2031 OPEN SPACE ADVISORY COMMITTEE Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Lily Baumann— Representing High School Student Student Term 8/18/2026—6/30/2027 Reappointed: Tangela Green 3 Year Term 9/1/2026—8/31/2029 CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE.08/18/2026 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 I I S I R I Y I N I N I K I D I E I N N PARKS AND RECREATION COMMISSION Reappointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Benjamin M.Messer- Representing District 9 Kathryn Moran— Representing District 5 Myra Payne— Representing District 6 Eugene Towler— Representing At-Large 3 Year Term 9/1/2026—8/31/2029 PUBLIC LIBRARY BOARD Reappointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Charlotte Zito 4 Year Term 9/1/2026—8/31/2030 TIDEWATER YOUTH SERVICES Reappointed: 10-0 Y Y Y Y Y Y Y Y A Y Y COMMISSION Gregory Smith—City Representative 4 Year Term 9/l/2026—8/31/2030 VIRGINIA BEACH CANNABIS ADVISORY Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y TASK FORCE Dominique DeBose— Representing Economic Development Unexpired thru 12/31/2027 VIRGINIA BEACH COMMUNITY Reappointed: 10-0 Y Y Y Y Y Y Y Y A Y Y DEVELOPMENT CORPORATION Christopher Brown Robert Ewell 4 Year Term 9/1/2026—8/31/2030 L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6:23 P.M.