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JUNE 17, 2025 FORMAL SESSION MINUTES
�1A.B�t c U :~ �1 q kG 9M1f �4 o� OUN%W* VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia JUNE 17,2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,June 17, 2025, at 2:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick and Joashua F. "Joash"Schulman Council Members Absent: David Hutcheson—Arrived at 2:34 P.M. Dr.Amelia N. Ross-Hammond—Arrived at 2:33 P.M. Jennifer Rouse Rosemary Wilson Q4 -Are L� N -- gCityof Vir inia Beach 5 S Of OUR NAT\O }/ Rosemary Wilson VirginiaBeach.gov District 5 MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 CELL:(757)422-0733 RCWILSON(dVBGOV.COM June 13, 2025 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be out of the country from June 14(h through June 301h. Therefore, I will be unable to attend the upcoming City Council meetings on Tuesday, June 17, 2025 and Tuesday, June 24, 2025. Sincerely, 4"—� Rosemary Wilson Vice Mayor—District 5 Cc: City Clerk City Attorney City Manager FOIA Officer trlIA$ l4G � c�L 04 f'f' ---� -- CityVirginiaof Beach 99�s�F OUR NA'"O Jennifer V. Rouse VirginiaBeach.gov District 10 MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 CELL:(757)840-1821 JVROUSE(8VBGOV.COM June 13, 2025 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, Please be advised that I will be unable to attend the upcoming City Council meeting scheduled for Tuesday, June 17, 2025. Sincerely, Jennifer V. Rouse Cc: City Clerk City Attorney City Manager FOIA Officer 2 CITY COUNCILS BRIEFINGS FLOOD PROTECTIONPROGRAMAND CAPITAL IMPROVEMENT UPDATE ITEM#77232 2:30 P.M. Mayor Dyer welcomed Jeff Waller,P.E., Chair—Flood Prevention Bond Referendum Oversight Board and Leisha Pica,P.E.,Program Manager—Jacobs Engineering. Mr. Waller expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Waller and Ms. Pica for the presentation. June 17, 2025 . . 1 Flood Protection Program City Council Update j. Jeffrey Waller, P.E., Flood Prevention Bond Referendum Oversight Board Chairman Leisha Pica, P.E., Jacobs Engineering June 17, 2025 6/26/2025 Q2 2025 Board Updates ■ April Staff Report Windsor Woods Mega Bundle FPP Project -- 4 - • May: Field Trip to Lake Windsor Tide Gates ■ June: Staff Report on Central Resort Area FPP Project The Board meets on the second Tuesday of the month at 2:00 pm at Town Center. Our meetings are open to the public and the public can provide Construction was ongoing during Q2 for comments. The Board webpage is accessible from the Ripple Effect website, the Seatack Neighborhood Drainage and we can be contacted at the email address posted on our webpage. Improvements Project z 2 2 6/26/2025 FPP Active Construction Projects • Windsor Woods Tide Gate near 1-264 • Bow Creek Stormwater Park Phase I w* R M. • South Plaza Trail/Presidential Boulevard Drainage Improvements 1 • Seatack Neighborhood Drainage Improvements Construction began in Q2 for the First Colonial • First Colonial Road/Oceana Boulevard Road/Oceana Boulevard Drainage Improvements Project Drainage Improvements 3 3 3 6/26/2025 FPP Project Milestones Met During Q2 2025 Planning Permitting Preliminary Engineering Detailed Design, Some FPP permits may Advertise Design-Build or Commissioning Report(PER) 30%. 60%, 90%, require 24 months to Construction Bidding and Testing 100% obtain Complete ✓ Elizabeth River- ✓ ESD BRIC Bundle Construction PS&E Submittal Advertisement Round 2 ✓ First Colonial Road& ✓ ESD 1F Planning, Oceana Blvd Specifications, & Drainage Estimate(PSE) Improvements NTP ✓ Lake Bradford/Chubb Lake Pump Station& Outfall NTP 4 RippleEffect 4 4 6/26/2025 CITY OF The Board is here to serve our Community! VIRGINIA BEACH ■ The Board will advise City Council members when the topic of our monthly Board meetings is in your district. r "I Some Community �- ,�► r r Meetings include updates regarding a_ �. . the FPP projects. 5 5 6/26/2025 Jacobs Challenging today. Reinventing tomorrow. Flood Protection Program Update Jacobs • • Manager 6 6 6/26/2025 In-ProgressPreliminary 30% 60% 90% 100% PS&E &ITB Design- Construction Construction Engineering Design Design Design Design Phase Build Phase Phase Phase Phase Churchpoint/ Sandbridge/ Bow Creek First Colonial Windsor Wood, West Neck Thor ou h ood New Bridge Stormwater Park Back Bay Marsh PAP,The Lakes Windsor Woods Club House Creek Bridge BMP& Intersection (Section 2) Restoration Rd Oceans a Bundle Tide Gate Road Drainage Conveyance (On Hold) Drainage (30%design) Lake Pungo Ferry Poinciana ESD Phase 1 F' Elizabeth River Bradford/Chubb South Plaza Cape Henry Road Pump Station orth Shore Dr Floodplain Lake Pump Trail, Canal Gravity Improvements ' Drainage Restoration Station&Outfall Presidential Blvd Sewer (NTP to be Drainage Relocation issued) Eastern Central Resort Shore Drive Bow Creek Lake Pleasure District Drainage (ESD)Drainage Stormwater Park House Cutfall Improvements Bundle(added (Section 1) Phase 1G) Seatack Lake Bradford Drainage Dredging Old Forge Road &Red Lion FPP Project Status Q1 2025 (substantially age complete) L] theRippteEffect 6/26/2025 Preliminary PS&E& ITI3 Design- • • • • Engineering Design Design Design Design Phase Build In-Progress Complete Phase Phase Phase Phase Churchpoint/ Sandbridge/ Bow Creek Elizabeth River Windsor Wood, West Neck Thorou h ood New Bridge Stormwater Park Back Bay Marsh PAP,The Lakes Windsor Woods Club House Creek Bridge BMp& Intersection (Section 2) Restoration Feoodpti n Bundle Tide Gate Road Drainage Conveyance (On Hold) Restoration (30%design) Y Eastern Lake South Plaza Cape Henry Pungo Ferry Poinciana Shore Drive Bradford/Chubb Trail, Canal Gravity Road Pump Station (ESD)Drainage Lake Pump Presidential Blvd Sewer Improvements Bundle(added Station&Outfall Drainage Relocation Phase 1 G) (NTP issued) Central Resort ESD Phase 1 F Bow Creek District Drainage North Shore Dr Stormwater Park Lake Pleasure Improvements Drainage (Section 1) House Outfall Seatack Lake Bradford Drainage Dredging Old Forge Road First Colonial &Red Lion F P P Project Status Q2 2025 Rd Oceans Blvd Drainage Drainage (substantially complete) B Qsb> theRippleEffect g 8 6/26/2025 FPP Project Milestones Three-Month Look Ahead Planning 2 3 < Construc Eio�n�A, Preliminary Engineering Detailed Design, Some FPP permits may Advertise Design-Build or Commissioning Report(PER) 30%. 60%, 90%, require 24 months to Construction Bidding and Testing 100% obtain Complete • ✓ West Neck Final PER V Poinciana 100% ✓ ESD Bundle ✓ Winsor Woods Design Submittal Construction Tide Gate Bidding ✓ Bow Creek ✓ South Plaza Trail Section 2 100% Presidential Blvd Drainage RippleEffect 9 6/26/2025 $117.8M Program Spending through May 2025 Expenditures by Master Project WINDSOR WOODS/PAP/THE LAKES MASTER $93.9 EASTERN SHORE DRIVE MASTER $7.6 LAKE BRADFORD,CHUBB LAKE MASTER $6.S CENTRAL RESORT DISTRICT MASTER $2.1 SOUTHERN RIVERS MASTER $2.1 STORMWATER GREEN INFRASTRUCTURE MASTER $1.7 LINKHORN BAY DRAINAGE BASIN MASTER $3.9 +$10.6M since last quarter 10 ©Jacobs2025 10 10 City Council Update on Stormwater Operations VB FPP Preparation Activities 6/26/2025 New Infrastructure from Phase 1 FPP Pump Stations Stormwater it, with Generators ` . 9 Management Facilities n Tide Gate O files of Roadway Installations • i • vements New Assets Miles of PS Outfall 4 Miles of Flood Piping to Bay/Ocean �� 1.5 Barriers 1 FP J z Miles �� Miles of Ditch/Canal Stormwater Pi • • Improvements Acre-ft Stormwater 500 - 400 Cubic Yards Dredging Storage 0, of Ditches/Canals 12 12 12 6/26/2025 Active Coordination for New Assets - - • It is important the Stormwater Operations staff be provided with sufficient • • resources to operate and maintain the new FPP assets for successful program • • • • implementation. PerspectiveIF Identify resources Projects to focus Formalize Strategic and equipment on Operations Operations - • - • for FPP Planning ✓ ✓ ✓ • • • • Discuss asset Existing resources • Align modeling with • • commissioning needed to maintain operation strategies processes desired level of service for assets • Expand technology - • Increase to understand storm • coordination during • Improve asset impacts as they design reviews management program occur • - • • Forward looking • Ramp up of resources • Focused • • • • technology such as and equipment for discussions on • ' • - SCADA& controls FPP project needs various storm • • • 13 conditions 13 13 6/26/2025 Getting Ready for New FPP Assets ARPA Lake Dredging & Neighborhood Drainage Improvements Projects Asset Management Programmatic 4:; Improvements Framework for City-wide Sensor/Technology Program Long-Term Maintenance Requirements for FPP Assets 14 ©Jacobs2025 14 14 6/26/2025 ARPA Program Progress Report BACHIA Remaining Stormwater Operations Program ARPA Budget Budget • - . Encumbrance _. Neighborhood Drainage $30.58M $0.1 M $30.04M $0.54M Improvements Lake Dredging $14.3M $1 .14M $6.11 M $8.18M ___-----------------___________.......... Totals $44.88M $1.24M $36.15M $8.72M 81% spent 15 ©Jacobs 2025 1r 15 6/26/2025 ARPA Neighborhood Drainage Improvements Projects Neighborhoods with Ne •• ••• $30.68M Neighborhood ■ 98% spent for Construction Completed Construction Underway Drainage Projects ARPA funds ✓ Redwing Rock Creek g ✓ Upton Estates Salem village ✓ Great Neck Meadows ✓ Seatack ■ $30.58M ARPA funds are ■ 23 neighborhoods ✓ Birchwood anticipated to be spent before have better ✓ Pembrooke Meadows ✓ Thalia Manor deadline December 31, 2026 drainage ✓ Courthouse Estates ✓ Charlestown Estates ✓ Hil Farm ✓ Red MiR Mill Farms ■ Additional $102k required ■ Inspected via CCTV ✓ Foxfire from stormwater CIP to 61 miles of storm ✓ Southgate complete these ✓ Three Oaks sewer ✓ Lynnhaven Colony neighborhoods ✓ Bay Colony ✓ Birdneck Point ■ Lined 14 miles of ✓ Great Neck Estate More work needed in a few ✓ Groveland Park storm sewers ✓ Broad Bay Estates neighborhoods than ✓ Lauren Cove anticipated 16 ©Jacobs 2025 16 16 6/26/2025 ARPA Lake Dredging Projects $15.4M Lake Dredging Projects Construction . . Start ■ $14.3M ARPA funds are anticipated to Completebe spent before deadline December ✓ Reedtown Lake ➢ Indian Lakes Chapel Lake 31, 2026 (43% spent) ✓ John B Dey Lake ➢ Lynnhaven Mall#1 Salem Lakes#1 ✓ Lovetts Pond ➢ Lynnhaven Mall#3 ✓ Great Neck Lake#2 ➢ Sabre Street Ext#1 ➢ Chandler Creek Canal ■ Additional $1.14M required from CIP ➢ Green Meadows to complete dredging these lakes ➢ Rosemont Road Lake Dredging Program ■ Costs higher than initially estimated Total Invoiced, due to higher dredging bids and $6.115M,40% limited contractor capacity ■ 142,055 yd3 materials dredged Remaining = 10,147 dump trucks Encumbered, = 1,065 Olympic swimming pools $9.325M,60% = 12-mile berm 6 ft tall, 3 ft wide 17 ©Jacobs 2025 17 17 6/26/2025 ModelsBusiness Decision & Software • and R&R managementAsset Management Programmatic Asset Improvements Management Framework IT Data Condition Management O&M Practices Managing assets to deliver expected service levels. 18 ©Jacobs2025 18 18 6/26/2025 Establishing an Asset Management Process VIRGINIA BEACH 1. What is the current state of my assets? 2. What is the required LOS? Determine Modesvelop I w,- Assets 'FDetermine LifeCycle & -- Asset W-' Performance & Failure Residual Life Replacement Registry • ermine • Build .•' Capital • •Risk ko" . Strategylan :"" Investment Investment (Criticality) I 3. Which assets are critical? 4. What are my best CIP and 5. What is my best funding O&M strategies? strategy? 19 ARCADIS KF Kennedy Jenks ©Jacobs 2025 1q 19 6/26/2025 Reducing Operational Risks for Existing Assets >< Completed condition assessments Start of Year Risk Matrix ✓ Conducted risk evaluation of pump stations L� 2 J 4 s 5 ✓Established operational strategies 4 ./ Reviewed inventory practices J End of Year Risk MaMa 2 1 2 3 4 5 Total ✓ Developing performance dashboards t ✓ Developing Strategic Asset Management Taal Plans Adlk- v/Transitioning from reactive to proactive maintenance 20 ARCADIS KJ Kennedy Jenks ©Jacobs 2025 20 20 6/26/2025 Asset Management Program Enhancements Data Visualization v-ww;nia 8"ch"Ps Atcadis R.h34ilitalion—(I Replacement Plawl,ot;System -AAJ�Mls ARCADIS FacAff ��Mni SuLL�,�...- C a CoF.R, 4a IMM Al Asset ID by LGFK$ft LI N—s ar4RNk Sam(VftAwj ftak Fkakm L LOP 3 4 9 1 Total Virginia Beach,Virginia 0 1 2 3 4 9 Total 29176, At',,1,-, 4 2) Pump Stations Operation Manual T.fal 30D C- 82 1 wom sutmershk,s tam sneer ps Eie—A— Lw rub TAm ftWAA— AS 19 01, s—� =.- IACC= 11----21 ARCADIS Kj Kennedy Jenks 21 21 • . 1 Framework for City-wide Sensor/TechnoLogy Program CoLtaboration with Rainfall _ WaCet Level Monitoring Monitoring • USGS: • SCADA: Operations Gty Contract ;�.�5v 't"" Engineering • 23 Existing Sensors • 3 Sensors to be Installed this Summer • 9+Years of Historical Data Integrating • NRSD: • In-K�nd Partnership Monitoring • 8 Sensors in VBSystems • Dozens Across HRSD's ' '- ' Sernce Area • AWOS: __ .. • Open Data ��rwr �. StotOperationaL Awareness & • Airport Weather Reports • 1 in VB(NAS Oceana) m: .•. w-Y--„ • 2 Nearby(NALF Fentress, m"""'�- _"'. System Norfdk Intl.) _ ControL V� Engineering `�•:.r�' Iflf'RIppI@EftCapabiLities Source.City of Virginia Beack Kyle Coolbaugh 22 o . ob 6/26/2025 FPP Brings New Long-Term Landscape Maintenance Needs ,, .., ��_ ➢ Bow Creek Stormwater Park Ponds Elizabeth River Shoreline Restoration x ;' "''"'`' '"''` ➢ Back Bay Marsh Restoration Wetland plants need to be established and maintained to Elizabeth River Living Shoreline Tidal Shrub Plants preserve water quality treatment. ix s� Tidal Freshwater Plants Tidal Marsh Plants 23 ©Jacobs2025 23 23 6/26/2025 Long-term maintenance requirements for stormwater BMPs and FPP assets with wetland vegetation Current Maintenance Activities New Maintenance Needs • Lake dredging - Adaptive wetland vegetation management ■ BMP and ditch mowing - BMP inspector training on wetland Minor repairs to structural vegetation elements • Wetland establishment monitoring and invasive species control Current Contracted Services - Wetland vegetation maintenance ■ Algae treatment • Geese mitigation services - Aerator maintenance 24 ©Jacobs2025 24 24 6/26/2025 7 Challenging today. O 0 S naco S Reinventing tomorrow. O 25 25 3 CITY CO UNCIPS BRIEFINGS HOMELESS ISSUES AND SERVICE DELIVERY ITEM#77233 3:04 P.M. Mayor Dyer welcomed James Wood, Chair— Virginia Beach VA250 Committee. Mr. Wood expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Wood for the presentation. June 17, 2025 M � i t�R• � �Y H� ,` t Virginia Beach VA250 James B. Wood, Committee Chair City Council Briefing, June 17, 2025 CITY OF VIRGINIA .�.� BEACH VA American Revolution 250 Commission • Established by the Virginia General Assembly in 2020, VA250 serves to commemorate the 250th anniversary of the American Revolution, the RevolutionaryWar, and the Independence of the United States in the Commonwealth of Virginia. • Encouraged localities to establish VA250 committees • City Council created Virginia Beach VA250 Committee on July 18, 2023. • Committee members were appointed on October 3, 2023. • VA250 Commission Hosted Annual Conferences in 2023, 2024, and 2025 • Each were attended by several VB VA250 Committee Members and the City Staff Liaison. 2 oi Virginia Beach VA250 Committee • VB VA250 Committee was created to commemorate the local events and achievements associated with the American Revolution 250 years ago. • 16 Council-appointed members • All terms are through July 4, 2026 • Chair — Jimmy Wood • Council Liaisons — Dr. Amelia Ross Hammond and Worth Remick • City Staff Liaison — Mark Reed • Four Subcommittees • Conflict and Independence • Civil Liberties and Rights • Indigenous Peoples • Events 3 L1 VB VA250 Activities FY25 s R ` `� ' ' • Supported Community Events as Sponsors ` Battle of the Virginia Capes — SAR (September 2024) i Dedication and Unveiling Willis Augustus Hodges Historical Highway Marker (February 2025) Commemoration of Skirmish at James's Plantation — SAR/DAR (February 2025) r . ' r = Rising Sun Pow Wow — Nansemond Indian Nation and VB Parks and Recreation (May 2025) ~ � Run to Remember — Memorial Day 5K Run (May 2025) ,_ . 4 VB VB VA250 Activities FY25 cont'd • Supported Upcoming Community Events • Family YMCA — Independence Day 5K Run (July 2025) • National Lighthouse Day (August 2025) 'r Virginia Musical Theatre (VMT) — Performances of the musical ' "1776" (February 27 — March 1, 2026) at the Sandler Center " VB VA250 Committee recommended this production to VMT. VMT's projected budget to produce 1776 is $280,000. :• i VB VA250 contributed $10,000 toward the $35,000 rental fee for the set. 5vii VB VA250 Events • 1774 Princess Anne County Resolutions Presented at City Council July 2, 2024 • • Andrew Lawler Talk and Book Signing • Miller Studio at Sandler Center February 3, 2025 • New book about activities involving Virginia Royal • - ' ' • Governor Lord Dunmore and southeastern Virginia in I 1775 and 1776, including Skirmish at Kemps Landing y 100 people attended 31 books sold �= 5 books donated to Virginia Beach Public Libraries EW LA 6 thor(11 The Secrcl Toh, z A Skirmish at Kemps Landing November 15, 2025Oth anniversary This was engagement between local Patriot Militia and British soldiers. The first Patriot deaths on • inia soil occurred here. SKIRMISH AT Five menJ. including John Ackiss, were killed in the skirmish, two KEMP'S LANDING • - • in the retreat, and several • • - • Lord Dunmore, royal— q— over or of Vfrgtnfa, led • • Dunmore publicly - • hisproclamation at Kemps detachment of the British 14th Reggiment to th! area on IS Nov. 1775 to disrupt militiamen formtn to resbtance to royal authority. The Princess Anne"` Landing after - mtlltfa. watttnq to a thicket. fired on the Brftlsh advance guard. Heavy return fire scattered the • promised freedom persons • mtlitta end killed several men. Dunmore'a force, • augmented by African Amertcan volunteers who had • fight • King. escaped from slavery. took n number of prisoners. includlnq Col. Joseph Hutchings. The emboldened Dunmore lesued a ractamntlon declarinq martlol D o "Ethiopian Regiment" participated • • taw and offerfngpfreedom to slaves wlillnq to • fight for the king. Many mfllttaman end others • subsequently signed oaths of loyalty to the Crown. E[!..'M[t?OF N[TpIIE[[IEIlOU.t01! Skirmish at Kemps Landing2025 • VB VA250 Signature Event November 15 and 16 at City View Park i, Coordinating with 7th Virginia Regiment of the Continental (((\\\ Line and VB Parks and Recreation for event planning and 4 implementation UY, I •t Coordinating with Dunmore Trail regional events • Educational event featuring Patriot and British Encampments, mot _ several skirmish re-enactments Currently working on additional details , n: ,, s Coordination with Beach Events L EGEND5 VB VA250 Events at the Oceanfront LIUE 10 VA250 JUNE 14 Character Re-enactor Presentations Meet Patrick 0 Patrick Henry — June 14 Henry • Marquis de Lafayette — August 16 A One-Man Performance f by Dave Maier • Others may include Clay Jenkinson as Thomas Jefferson "Racing the Night" play at 13t" Street Virginia Legends - stage July 24 — August 16 (Thurs., Fri., and Sat.) AUG 16 VB VA250 History Festival — Spring 2026 rquis de Enhanced July 4, 2026 events afayette Performed by May include Virginia Symphony performance Charles Wissinger 9 VB "Both shows at 17th Street Park at 8:30PM Additional Activities • Currently planning additional activities Support of related community events * • .* es Virginia Battle of the Vir Ca g• p 250 Historical Facts Beginning October 2025 a daily local historical fact for 250 days g g � Y Y leading up to July 4, 2026 • • Flags of Freedom 2026 A• •f Residents, businesses, and government offices display of the + ;"•:' American flag throughout the year d r 10 VB • �k i 4 CITY COUNCIL DISCUSSIONIINITL4TIVES I COMMENTS ITEM#77234 3:40 P.M. Council Member Cummings advised he is aware of several neighborhoods who have applied for permits to hold 4'h of July parades, expressing his concern for the requirement to have two (2)police officers at each parade to provide traffic control. Council Member Cummings advised the two (2)main issues are the cost and availability of Police Officers and would like to see if there is a way to reduce the burden so neighborhoods can have their parades. Mayor Dyer asked Council Member Hutcheson if there were concerns with fireworks? Council Member Hutcheson advised fireworks are an ongoing concern as there are not enough firefighters for all of the neighborhoods with many of the firefighters are on site at Mount Trashmore and the Oceanfront for the fireworks display. Council Member Cummings advised his concern is related to permitting for parades and does not include fireworks. Council Member Cummings advised he would like to find a way to reduce the obstacle of requiring traffic enforcement officers and believes there are many neighborhoods who do not go through the permitting process and do not have any issues but for the ones who are trying to do the right thing, it is difficult. Council Member Cummings advised the City may not have enough resources for all of the neighborhoods if they all applied for permits and suggested allowing off-duty Police Officers to fulfill the requirement. Council Member Schulman asked if traffic control is only required if the parade will cross a major road? City Manager Duhaney advised he will get more information and provide to the Body. June 17, 2025 5 CITY COUNCIL DISCUSSION/INITIATIVES I COMMENTS ITEM#77235 Council Member Jackson-Green encouraged the public to attend the Parks After Dark events held Thursday —Saturday in the participating Districts, advising all events are free and include activities for children and food. Council Member Jackson-Green advised these events have Police and community leaders at each and is an example of what the City is doing to protect the youth. June 17, 2025 6 CITY COUNCIL DISCUSSION/INITIATIVES I COMMENTS ITEM#77236 (Continued) Council Member Ross-Hammond advised this week there will several Juneteenth celebrations and recognized Mayor Dyer for being the first mayor to declare Juneteenth as a City-wide holiday. Council Member Ross-Hammond advised the Virginia Symphony Orchestra recently performed at the Virginia African-American Culture Center with music relating to African-American culture and on Saturday the VB Gigs will perform in the KBe Creative District June 17, 2025 7 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77237 (Continued) Council Member Hutcheson advised last Sunday there were approximately seventy (70)youth members from a church who came out to clean up the area where the VB Trail will be at the corner where Districts 1, 3 and 4 meet. Council Member Hutcheson advised they picked up forty-seven (47) bags of trash and commended them for shining a positive light on the youth in the City. June 17, 2025 8 CITY COUNCIL DISCUSSION/INITIATIVES I COMMENTS ITEM#77238 (Continued) Council Member Henley distributed copies of the Development Authority's presentation, "Innovation Park Master Plan",attached hereto and made apart of the record. Council Member Henley advised she received a briefing yesterday on the presentation and learned the Development Authority believes their mission is to find ways the City can expand the tax base to generate tax revenue. Council Member Henley advised the area within the Interfacility Traffic Area(ITA)now has two(2)different plans, one for sports tourism which has been planned for three (3) decades and the other for an Industrial Park. Council Member Henley advised there has been considerable positive feedback for sports tourism but there has been no public engagement for the Industrial Park and requested to have the Resort Advisory Commission (RAC) review the Innovation Park Master Plan and make recommendations that include how sports tourism can be included in it. Council Member Henley advised RAC also attended the briefing yesterday and would like to see if both plans can be blended to find a compromise for the area. Council Member Henley asked Mayor Dyer if she can ask RAC to review. Mayor Dyer advised Council Member Henley could have RAC review and make recommendations. City Manager Duhaney advised he wanted to clam that the last time staff briefed City Council on Innovation Park, City Council directed staff to work with staff from Economic Development, Parks and Recreation and Planning to bring back a plan on how sports tourism in the ITA can be reconciled with expanding Innovation Park and staff is still working on that with plans to provide a presentation the first Of iuly. Council Member Schulman advised the sports tourism plan has estimated costs and would like the Innovation Park plan to include the same basic information before it is shared with RAC. City Manager Duhaney advised part of what City Council requested was an estimate of costs associated with utilities and road expansion and will be included with the presentation. Council Member Henley requested City Manager Duhaney provide his comments to her in writing as she was unable to understand what he had said. Council Member Ross-Hammond complimented Parks and Recreation Director Kirschman and his stafffor always providing great services across the City. June 17, 2025 Innovat6ion a r aster Plan Virginia Beach, VA Virginia Beach Development Authority Meeting June 13, 2025 Presented by: Randy Biltz, Senior Landscape Architect, VHB r.0"M VIRGINIA BEACH L y .�', "iI IP ��"� I�riit;rs/rs.4[�io,i+tri�� y�,•'°•� - "Mic; r� Introduction - . ,,��✓r °�s • Existing Innovation Park Constraints • Parks & Recreation Master Plan Review ` r a • Proposed Innovation Park Master Plan • Accommodating Parks & Recreation 1. • Innovation Park Phase 2 .� r •' ° • Innovation Park Phase 3 • Potential Preservation Area r r r fi LEGEND 4" , / .INNOVATIGN PARK I , PRINGF SS ANNF COMMONS SPECIAL ECONOMIC GP.DWT11 ARFA .moo INTERFACIU-r TRAFFIC AREA dTA) r / PROPFRTY I INFS F- AIRCRAFT NOIGC LLVCLS -- 65 70 d5 - � @ h ;aa s Aif. VIRGINIA BEACH 1 75de ' o� ; _'.o. 0,3 0 a+• Source:InAgvotion Park Desig &Development Guidelines `�•�_ wue Es Existing Innovation Park Constraints Only 31± acres of 3 developable land remains PRINCESS ANNE RD ; � �1 VBDA Y bh ... VBDA 39AC .•.� ti� 35.8ACRES,. i�(3.7$DEV) VBDA *17.1 ACRES f VeDA Tp ACOUST L (A2.6 DEV.I t4.8 ACRES . H j_SHEETM AL -24 3 � AGi t40 AC ve FlE1DNOUSE B NA ClUB X XA WA.T"'MPOSE Q1 i C7CI�t �I TRLL Q:���� FIFI INNOVATION PARK svo sntE>< U MASTER DEVELOPMENT PLAN '4� DECEMBER 20,2024 —9—.i--ft LEGEND INNOVATION PARK LIMITS EXISTING STORMWATER POND p EXISTING BUILDING FUTURE STORMWATER POND d AVAILABLE PROPERTY WETLANDS/PRESERVATION AREA f (ZONED 1-1) F. VIRGINIA BEACH ' Proposed Parks & Recreation Master Plan CHAMPIONSHIP IS HOLE CHAN►ION SNIP OISC CO" PI CKLEBALL FACILITY COURSE A UPGRADED P SYNTHETIC wPTs CHAMPIONSHIP FIELDS s r....couwls ONK TRACK/TRAILS \ / i ..w i►UNP TRACK 7 cx. W—v c�.F•a BASEBALL M•['� B / �/ / SOFTBALL / FIELDS o CNAM►IONSNIP BASEBALL FACILITY ,4l • Princess Ann Commons Athletic .aks Village — 470 acres ' � � 4�' �` PHASE CRROSSOSSCOLLEGIATE 11 _ L LEVEL COOUNTRY !K lRACIICE CROSS � `"_`COURSES(IK-IOK) • Proposed Preservation/Passive Area ENTRANCE COUNT"COURSE 1 °�, FOR TRAILS �+ — 1,130 acres • 1,600 total acres of active and passive recreation ---��-. KAYAK LAUNCH �� � a h •I '�l�rf MOUNTAIN BIKE I +•• AND NATURE • �, —� TRAILS .P✓v—` 1 i • C I • WILDLIFE O OBSERVATION Z P _ AREAS r � • 4 VIRGINIA BEACH i Source:ITA Plan Update A[A(! A tr f�y 7a ` ? J1 i Proposed Innovation Park . � �� � ' _ ter i' ,� �, w °,• Master Plan • 25-year master plan ;� "`' A"-.r. J • Allows for connectivity between all phases of NAMIT04 TOADS ._1 Innovation Park NES s e 1 atres cNLs • Storm ponds & wetlands are used as buffers between i n�lR("'`" VIRGIN. NA y T'•-» "ICNAL COL'[L S adjacent uses V ON'AILi JIF�i ,i �� 4Et j puo., • Poor soils require large areas for stormwater $ ._,Atli$ Land Use Summary Parcel Area(Ac) ® Remaining Innovation Park Phase 1 31± �. JN EF Hn AOH JII PIf 10.1E5 Proposed Passive Recreation Area 25± Proposed Innovation Park Phase 2 68± `- Y Proposed Innovation Park Phase 3 298± �a r Potential Preservation Area 100± Potential Phase 2 and 3 Wetlands 55± Phase 2 and 3 Stormwater \ zf Management Facilities 163± f t L s �/yJ. VIRGINIA BEACH . •f�•c1--+- i.f T ? I , .L N P,..F.i?�aL 1"S'i.�.`i W—v C. Accommodatin Parks & 01, g ��X v PRINCESS ANII ATN((TIC COM►CF% Recreation Needs � � 4 A61 INC. c,Ao 25± acres within the existingInnovation Park are proposed for passive recreation -�`�-1, ' ,Z„ AC ■*� 4DThe Parks & Recreation plan proposed 72± acres °OwFR @f .,. AC for a championship baseball facility adjacent to ' r4 ` "�F -- VIONAL GOLF L � � Nr .` '+�� NATEONAL GOLF CIUt the existing Innovation Park 71± acres are available adjacent to the existingzi�~ F jlf /T :� baseball fields along Damn Neck Road �j�T, � 4L� • Locatingthe proposed baseball facility along K p p Y g Damn Neck Road rather than adjacent to the ' = -»=,:'r..:i. THIC ICSCO YIII . J a1,,,, � '�~ ,: : A?NI Fa1C�COMPI F% existing Innovation Park provides connectivity to i existingbaseball fields & allows for connectivity TI ./.AC / AC ---, y9•I- between all phases of Innovation Park / 1 L. AOO' Y \ `I ,S y UPTON FARM ! VIRGINIA BEACH' 6 Proposed Innovation Park - Phase 2 • 68± net acres _ - R� • Provides connectivity to /ASC existing Innovation Park 21 +/ Ro r - S ACRES q0 r P Allows for immediate -" expansion of Innovation ►- '` ' , ``~ {� Park with extension of 25 Hudome Way -- -- ACRES --_ - .. w 1 • Potential funding sources include creation `�'""T 4P. � AGI INC. of a TI F, state 40+/ j ' ACRES infrastructure funds for ,�5��� CRES PLIVE OAK economic development .�Ep PRESERVE FIRST TEE �QO� 28+/- 14 f/- AC �. -,'� HAMPTON ROADS + A ACRES w ,6+/_ O w ACRES f R FASFI� - VIRGINIA BEACH NATIONAL GOLF CLUB r VIRGINIA BEACH • `'� 1Y/' •- l � � cN fASFM f p n Proposed Innovation �-�- 4r... � 44, Park — Phase 3 UPTON FARM 134.1. � • ACRES I: O w to • 298± net acres O m; • Utilizes extension of Landstown AC REs N`` '° ACRES Road to limit future infrastructure needs * Parcels can be divided if higher g UNION MISSION ;MINISTRIES HOPE HAVEN demand for smaller development % \\ 164 •/- ACRES • Provides enough land for bigger users to develop zz •/ j GROSS ACRES VIRGINIA BEACH ' Potential Preservation Area 100 + acres '; For agricultural, RrE, 22 +/ environmental or GROSS ACRES 110 recreational uses 62 -GR SS ACRES r 16 h; �r GROSS 1 ^� ACRES YYY r VIRGINIA BEACH 9 Preliminary Economic Impact High-level development assumptions based on recent industrial comps and national averages: ni raeuc caaruR ss - • building cover ratio is approximately = 30% IR..,rr • Assessed value per square foot = $74.36 ® Employment density = 1 job per 1,200 building square feet - \' Url°N=RiN • Estimated real estate tax = $0.97 per $100 of assessed valueBuildable SF Assessed Estimated Estimated , Value Annual Tax 1 Jobs Revenue uN10NM°rE NAY IINIG1 RIEs,. ILL Phase 2 888,624 SF $66.1 Mil $640,957 +/- 741 (68 acres) Phase 3 3,894,264 SF $289.6 Mil $2,810,000 +/- 3,245 : , (298 acres) -'t `"OSz "" TOTAL 4,782,888 $355.7 Mil $3,450,957 3,986 / Gt ss Rc REs F. VIRGINIA BEACH (� . _ �.c,:, y � � .i ;. �t , Xi4 � ry: �'�i�, 1 10 Questions ? r� VIRGINIA BEACH 1 9 CITY COUNCIL DISCUSSION/INITL4 TIVES I COMMENTS ITEM#77239 (Continued) Mayor Dyer advised last Friday he joined Governor Youngkin at the Acoustical Sheetmetal Company who announced the company's expansion project. Mayor Dyer recognized the company who started their business in a junkyard in 1994 with eight (8) employees and has expanded over the years with training programs and now has 850 employees. Mayor Dyer commended the company on their remarkable spirit that reflects the City growth. Council Member Remick advised this is the company's third expansion in Innovation Park and they not only provide distribution but advanced manufacturing as well for data centers and the military. June 17, 2025 10 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77240 (Continued) Council Member Jackson-Green advised many food pantries have had funding cut and wanted to share that Reset Inc, is just outside of his District on Military Highway and provides food services. June 17, 2025 11 AGENDA REVIEW SESSION ITEM#77241 4:04 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCESIRESOL UTIONS 1. Ordinance to AMEND City Code Section 2-214.3 re providing for the adoption of sections of the Virginia Public Procurement Act 2. Ordinance to ADOPT a revised Policy re remote participation by City Council Members in Council Meetings 3. Resolution to RENEW permits to allow certain Emergency Medical Services (EMS)Agencies to operate in the City re Pahala Park, LLC d1b/a Coastal Event Medical Management,Fast Track EMS, LLC; Shore Transportation Services, Inc., and Hospital to Home, LLC, a/k/a H2H Emergency Services 4. Ordinance to AMEND the Virginia Beach City Public Schools (VBCPS) FY 2025-26 Operating Budget and Capital Improvement Program and AUTHORIZE one full-time position within the Department of Parks and Recreation 5. Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation 6. Ordinance to ACCEPT and APPROPRLATE$1.9-Million from the Virginia Department of Social Services (VDSS) to the FY2024-25 Human Services Operating Budget and AUTHORIZE a $1,273,000 local match from the Human Services Operating Budget re personnel costs and related operational expenses 7. Ordinance to ACCEPT and APPROPRIATE$436,326from the Virginia Department of Criminal Justice Services to the FY2025-26 Virginia Beach City Public Schools Operating Budget as a grant subrecipient re School Security Officers and Security Assistants 8. Ordinance to ACCEPT and APPROPRLATE $418,550 from the United States Department of Energy to the Grants Consolidated Fund within the FY2024-25 Public Works Operating re energy efficiency and conservation activities 9. Ordinance to ACCEPT and APPROPRIATE $208,079 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2025-26 Human Services Operating Budget re Workforce Development Services 10. Ordinance to ACCEPT and APPROPRIATE $94,479 from the Virginia Marine Resources Commission (VMRC) Abandon or Derelict Vessel (ADP) Program to the Grants Consolidated Fund within the FY 2024-25 Public Works Operating Budget and AUTHORIZE $94,479 subrecipient grant to the Vessel Disposal and Reuse Foundation re removal of five(5) vessels June 17, 2025 12 AGENDA REVIEW SESSION ITEM#77241 (Continued) 11. Ordinance to ACCEPT and APPROPRIATE$69,698 from the Virginia Department of Behavioral Health and Developmental Services to the Grants Consolidated Fund within the FY 2024-25 Human Services Operating Budget re support of a Data Infrastructure Cost Sharing Agreement 12. Ordinance to ACCEPT and APPROPRIATE $17,323 from the Department of Criminal Justice Services through the 2025 Bryne Justice Assistance Grant (JAG) Program to the Grants Consolidated Fund within the FY 2024-25 Sheriffs Office Operating Budget and AUTHORIZE a $5,774 local match repurchase of equipment 13. Ordinance to ACCEPT and APPROPRIATE $16,655 from the Virginia Military Community Infrastructure Grant Program to the FY 2024-25 Capital Improvement Program re Project #100701 "Princess Anne Road Water Transmission Main"re portion of the local match 14. Ordinance to ACCEPT and APPROPRIATE$14,450 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-2025 Human Services Operating Budget re Adult Outpatient Competency Restoration and Evaluations services 15. Ordinance to ACCEPT and APPROPRIATE$13,013 from various donations to the FY 2024-25 Non-Departmental Operating Budget of the Mayor's Committee Trust Fund repurchases related to Mayor's Commission on Aging 16. Ordinance to TPANSFER$1,302,068 from General Fund salary savings to the FY 2024-25 Police Department Operating Budget re implement the Drone as a First Responder Pilot Program June 17, 2025 13 AGENDA REVIEW SESSION ITEM#77241 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. HWG VA BEACH, LLC 11808 SALEM, LLC for a Modification of Proffers to a Conditional Chanzof Zoning re convert the former Rite Aid building to a childcare center and tenant space at 1808 Salem Road DISTRICT 10 2. CITY OF VIRGINIA BEACH for a Modification of Conditions to a Conditional Use Permit re Borrow-Pit Fill at 560 Oceana Boulevard DISTRICT 6(Deferred from May 20, 2025) 3. FWM RESIDENTIAL RENTAL PROPERTIES, LLC I CITY OF VIRGINIA BEACH for a Conditional Change of Zonin from R-5S Residential Single-Family to Conditional RT-3 Resort Tourist District re commercial marina at two(2)parcels south of 310&312 Winston Salem Avenue DISTRICT 5 4. FWM RESIDENTIAL RENTAL PROPERTIES, LLC I FWM RESIDENTLAL RENTAL PROPERTIES, LLC & CITY OF VIRGINIA BEACH for a Modification of Conditions to a Conditional Use Permit re commercial marina at four (4)parcels directly south of 310 & 312 Winston Salem Avenue DISTRICT 5 5. 2501 HOLLAND ROAD, LLC for a Conditional Change of Zonin from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District re develop a 35-lot subdivision with 33 single-family lots,an open space lot and a stormwater management lot at 2501 Holland Road DISTRICT 2 6. BT ASSOCIATES, LLC for a Conditional Change o Zonin from 0-2 Office District to Conditional B-2 Business District and Conditional Use Permit re bulk storage yard at 120 South Lynnhaven Road DISTRICT 3 7. VIRGINIA BEACH BEACON BAPTIST CHURCH for a Modi acation of Conditions to Conditional Use Permit re religious use at 2301 Newstead Drive DISTRICT 5 APPLICANTS REQUESTS DEFERRAL TO JULY 8,2025 8. CFT NV DEVELOPMENTS, LLC I VIRGINIA BEACH BEACON BAPTIST CHURCH for a Conditional Change of Zoning from R-20 Residential District to Conditional B-2 Business District re subdivide a portion of theproperty into two(2)separate lots at 2301 Newstead Drive DISTRICT 5 9. KENNETHLEA CHI CHANDLER S.DENNISfor a Conditional Use Permit re open air market at 661 Sandbridge Road DISTRICT 2 June 17, 2025 14 AGENDA REVIEW SESSION ITEM#77241 (Continued) 10. COLINAND SKYLAR MILLER for a Conditional Use Permit re short term rental at 1720 Baltic Avenue DISTRICT 6 J.PLANNING: COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEM#1 ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED FOR DEFERRAL TO JULY 8, 2025 ITEM#8 WILL BE CONSIDERED FOR DEFERRAL TO JULY 8, 2025 June 17, 2025 15 ITEM#77242 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-371](A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3 711(A)(8). • Atlantic Park LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Atlantic Park PUBLICLY-HELD PROPERTY:Discussion or consideration of the acquisition of real property for public purpose;or of the disposition ofpublicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3 711(A)(3). • District 10 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(29) • Field House PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2- 3 711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees June 17, 2025 16 ITEM#77242 (Continued) Upon motion by Council Member Ross-Hammond, seconded by Council Member Jackson-Green, City Council voted to proceed into CLOSED SESSION at 4:10 P.M. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson Break 4:10 P.M. — 4:22 P.M. Closed Session 4:22 P.M. — 5:41 P.M. Break 5:41 P.M. — 5:59 P.M. June 17, 2025 17 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUNE 17,2025 6.00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,June 17, 2025, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34"Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. June 17, 2025 18 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. June 17, 2025 19 VF CERTIFICATION ITEM#77243 Upon motion Council Member Ross-Hammond, seconded by Council Member Remick, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 BFAC U v �P ou■ r'1,00 RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#77242 on Page 16 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 4M�Al / Aj4AN hanYes,j 0MC City Clerk June 17, 2025 20 ITEM— V.G PUBLIC HEARINGS ITEM#77244 Mayor Dyer DECLARED a PUBLIC HEARING: GRANT EASEMENT OVER CITY PROPERTY 50'-wide(5,000 square feet)40 year access and utility easement Lake Gaston Pipeline There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING June 17, 2025 21 ITEM— Y.H FORMAL SESSION AGENDA ITEM#77245 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker, and they will be given a total of six(6)minutes to speak on all items. Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions I:1,2,3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 and Planning J. 1,3, 4, 5, 6, 7(DEFERRED TO JULY 8, 2025), 8(DEFERRED TO JULY 8,2025), 9 and 10 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson J.PLANNING: COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEM#1 ITEM#2 WILL BE CONSIDERED SEPARATELY June 17, 2025 22 ITEM— V.L1 ORDINANCES/RESOLUTIONS ITEM#77246 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 2-214.3 re providing for the adoption of sections of the Virginia Public Procurement Act Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2-214.3 2 PROVIDING FOR THE ADOPTION OF SECTIONS OF THE 3 VIRGINIA PUBLIC PROCUREMENT ACT 4 5 Section Amended: 2-214.3 6 7 WHEREAS, 2025 Acts of Assembly c. 27 provides additional contractual 8 protections for the City if § 2.2-4311.3 is adopted by the governing body as part of its 9 incorporation by reference of the Virginia Public Procurement Act; and 10 11 WHEREAS, reassembling the list of sections incorporated by the City Code in the 12 same order as such provisions occur in the Virginia Code will ease reading by residents 13 and the business community; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA, THAT: 17 18 1. Section 2-214.3 of the City Code is hereby amended and reordained to read as 19 follows: 20 21 Sec. 2-214.3. -Adoption of designated sections of the Virginia Public Procurement 22 Act. 23 24 (a) Pursuant to section 2.2-4302 of the Code of Virginia, as amended, the following 25 sections of the Virginia Public Procurement Act [Code of Virginia, title 2.2, chapter 43], 26 and any future amendments thereto, are hereby adopted and incorporated by 27 reference into this code: 2.2-4301, 2.2-4302.1, 2.2-4302.2 e) 1) ^OA A I A% 28 2.2-4303, 2.2-4303.1 through 2.2-4305, 2.2-4308.1 through 2.2-4310 2.2-4311 29 through 2.2-4312, (including 2.2-4311 3), 2.2 4319, 2 2 ^,331, 2 2 AZ10(A) 2.2-4320, 30 , 31 4344(G), 2-431;,2 2-4332-.-1324 2.2 4328,2.2-4315 through 2.2-4321, 2.2- 32 4323.1, 2.2-4324, 2.2-4328 and 2-2-4350(B), 2.2 4353,-2.24349, 2.2 4354 2.2- 33 4329.1 through 2.2-4377. 34 35 (b) Notwithstanding subsection (a) of this section, whenever any provision of the 36 Virginia Public Procurement Act which has been adopted and incorporated by 37 reference herein is modified or amended by any other section of this code, or by any 38 rule, regulation, policy, procedure or administrative directive, such provision shall be 39 interpreted and implemented as modified or amended. 40 41 2. This ordinance shall be effective July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day Of T„np 2025 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Oerpa�rtment o Finance City Attorney's O CA16910 R-1 June 4, 2025 23 ITEM— V.L2 ORDINANCES/RESOLUTIONS ITEM#77247 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ADOPT a revised Policy re remote participation by City Council Members in Council Meetings Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE ADOPTING A REVISED POLICY FOR 2 REMOTE PARTICIPATION BY COUNCILMEMBERS IN 3 COUNCIL MEETINGS 4 5 WHEREAS, in March 2020, the City Council adopted a Policy for Remote 6 Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the 7 Virginia Freedom of Information Act ("FOIA"), and the Council adopted a revised 8 versions of the policy in June 2021 and June 2024, and 9 10 WHEREAS, state law requires that public bodies adopt (or re-adopt) the policy at 11 least once annually. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 The City Council hereby adopts the attached revised policy. 17 Adopted by the City Council of the City of Virginia Beach, Virginia on the 17 th day of June , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 16906 R-1 June 6, 2025 G1N1A-B&AC CityCouncil Policy Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of initial Adoption: March 31,2020 Dates of Revision:June 15,2021 Page ] of 2 June 18,2024,June 17,2025 1.0 Purpose and Need The purpose of this policy is to enable members of the City Council to participate in City Council meetings remotely, by electronic communication means, in accordance with the Virginia Freedom of Information Act. 2.0 Policy It is the policy of the Virginia Beach City Council that individual members of the Council may participate in Council meetings by electronic means as permitted by Virginia Code § 2.2-3708.3 or its successor provision. This policy shall apply to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. 2.1 The Request and Eligibility Criteria Whenever an individual member wishes to participate from a remote location, the member shall notify the Mayor and the City Clerk on or preferably before the day of the meeting that (1) the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance or due to a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's physical attendance ("medical reason"); (2) the member is a "caregiver," which means an adult who provides care for a person with a disability as defined in Virginia Code § 51.5-40.1 and is related by blood, marriage, or adoption to, or is the legally appointed guardian of, the person with a disability for whom the member is caring, and the member must provide care for the person with a disability at the time the public meeting is being held, thereby preventing the member's physical attendance; or (3) the member is unable to attend due to a personal matter and the member identifies with specificity the nature of the personal matter ("personal reason"). Participation for a personal reason is limited to two meetings per calendar year or 25% of the meetings held per calendar year, rounded up to the next whole number, whichever is greater. 2.2 Quorum and Minutes Requirements A quorum of the Council must be physically assembled at the primary meeting location to enable remote participation by a member, and arrangements must be made for the voice of the remote participant to be heard by all persons at the primary meeting location. For purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a person with a disability as defined in Virginia Code § 51.5-40.1 or a caregiver as defined above and uses remote participation counts toward the quorum as if the individual was physically present. When Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Initial Adoption: March 31,2020 Dates of Revision: June 15,2021 Page 2 of 2 June 18,2024,June 17,2025 audio-visual technology is available, a member of the Council shall, for purposes of a quorum, be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails. The reason that the member is unable to attend the meeting and the remote location from which the member participates shall be recorded in the meeting minutes. If the reason for the remote participation is a medical reason, the minutes shall include a statement that a temporary or permanent disability or other medical condition prevented the member's physical attendance at the primary meeting location or that a family member's medical condition required the member to provide care for such family member, thereby preventing the member's physical attendance. The minutes do not need to include the specific disability or medical condition or, if applicable, the identity of the family member. If instead the member is unable to attend due to a personal reason, the minutes must include the specific nature of the personal matter. 2.3 Challenges If a member's proposed participation from a remote location is challenged by another member as being inconsistent with this policy, then the Council shall vote on whether to allow such participation. If the Council votes to disapprove the member's remote participation because such participation would violate this policy, such disapproval shall be recorded in the minutes with specificity. 2.4 Annual Readoption This policy must be adopted or readopted at least once annually. 24 ITEM— V L3 ORDINANCES/RESOL UTIONS ITEM#77248 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED,BY CONSENT,Resolution to RENEWpermits to allow certain Emergency Medical Services (EMS)Agencies to operate in the City re Pahala Park, LLC d1b/a Coastal Event Medical Management, Fast Track EMS, LLC; Shore Transportation Services, Inc., and Hospital to Home, LLC, a/k/a H2H Emergency Services Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 A RESOLUTION TO RENEW PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES AGENCIES 3 TO OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates an 6 emergency medical services agency or any emergency medical services vehicle within the 7 City must first obtain a permit from City Council, and such permits must be renewed on a 8 biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following 11 agencies: Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, 12 LLC; Shore Transport Services, Inc.; Hospital to Home, LLC, a/k/a H2H Emergency 13 Services; and 14 15 WHEREAS, the above-listed private ambulance agencies perform services not 16 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 17 transports, which include both basic and advance life support calls. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 20 VIRGINIA BEACH; 21 22 1. That the City Council hereby grants renewed permits to the following agencies: 23 Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, 24 LLC; Shore Transport Services, Inc.; and Hospital to Home, LLC, a/k/a H2H 25 Emergency Services. 26 27 2. That these permits shall be effective from July 1, 2025 to June 30, 2027. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17 th day of .Tune —.—, 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: w 2 Em r ncy K46cal Services torney's Office CA16191 R-2 May 27, 2025 25 ITEM— V L 4 ORDINANCES/RESOL UTIONS ITEM#77249 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED,BY CONSENT, Ordinance to AMEND the Virginia Beach City Public Schools(VBCPS)FY 2025-26 Operating Budget and Capital Improvement Program and AUTHORIZE one full-time position within the Department of Parks and Recreation Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO AMEND TO THE VIRGINIA BEACH 2 CITY PUBLIC SCHOOLS FY 2025-26 OPERATING 3 BUDGET AND CAPITAL IMPROVEMENT PROGRAM AND 4 AUTHORIZE ONE FULL-TIME POSITION WITHIN THE 5 DEPARTMENT OF PARKS AND RECREATION 6 7 WHEREAS, the FY 2025-26 Operating Budget and Capital Improvement Program 8 was adopted by the City Council on May 13, 2025; and 9 10 WHEREAS, as a result of the state budget amendments and additional Revenue 11 Sharing Funds, the School Board of the City of Virginia Beach adopted two resolutions 12 on May 27, 2025, to allocate funds received to reinstate previously eliminated budget 13 items and to modify the salary increase provided for the Instructional Experience-Based 14 Step Pay Scale, and to make additional appropriation requests; and 15 16 WHEREAS, appropriations of funds must be approved by the City Council prior to 17 expenditure of funds by the School Board of the City of Virginia Beach; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1) $2,694,929 is hereby accepted from the Commonwealth and appropriated, with 23 revenue increased accordingly, to the FY 2025-26 Operating Budget of Virginia 24 Beach City Public Schools. 25 26 2) $1 ,953,127 is hereby appropriated, with revenue increased accordingly, from 27 the fund balance of the Cell Tower Technology Special Revenue Fund to the 28 FY 2025-26 Operating Budget of Virginia Beach City Public Schools. 29 30 3) $162,100 is hereby appropriated, with revenue increased accordingly, to the 31 FY 2025-26 Operating Budget of Virginia Beach City Public Schools, within the 32 School Athletic Fund. 33 34 4) $56,356 in interfund transfer revenue and corresponding appropriations is 35 hereby decreased from the FY 2025-26 Operating Budget of Virginia Beach 36 City Public Schools Green Run Collegiate Charter School Fund. 37 38 5) $198,634 is hereby appropriated, with revenue increased accordingly, to the 39 FY 2025-26 Operating Budget of the Department of Parks and Recreation 40 within the School Landscaping Internal Service Fund. 41 42 6) One Full-Time Groundskeeper Position is hereby authorized within the FY 43 2025-26 Operating Budget of the Department of Parks and Recreation within 44 the School Landscaping Internal Service Fund. 45 46 7) $4,954,741 is hereby transferred as of pay-as-you-go funding to the FY 2025- 47 26 School Capital Improvement Program from the School Operating Fund with 48 a corresponding reduction in authorized but unissued Public Facility Revenue 49 Bonds. 50 51 BE IT FURTHER ORDAINED, THAT: 52 53 This ordinance is effective July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of June , 2025. 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: 13�dget and Wanagement Services af City Attorney CA16905 R-1 June 4, 2025 26 ITEM— V.L5 ORDINANCES I RESOL UTIONS ITEM#77250 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED,BY CONSENT, Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO AMEND VARIOUS FEDERAL GRANT 2 PROGRAMS ADMINISTERED BY THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $119,648.29 is hereby accepted from the Federal Department of Housing and 9 Urban Development and appropriated, with revenue increased accordingly, to 10 the FY 2025-26 Operating Budget of the Department of Housing & 11 Neighborhood Preservation in the following amounts, and for the following 12 purposes: 13 14 a. $29,786 to support the Community Development Block Grant Program 15 b. $69,131 .29 to support the HOME program. 16 c. $5,888 to support the Emergency Shelter Grant program. 17 d. $9,068 to support the Housing Opportunities for Persons with AIDS 18 program. 19 e. $5,775 to support the HOME ARP Grant program. 20 21 2) $110,000 in estimated fee revenue is hereby reduced within the Community 22 Development Block Grant Program, with appropriations reduced accordingly 23 within the FY 2025-26 Operating Budget of the Department of Housing & 24 Neighborhood Preservation. 25 26 3) This ordinance is effective July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of .June , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services (fit rney's b Tice CA16909 R-1 June 4, 2025 27 ITEM— VL6 ORDINANCES/RESOL UTIONS ITEM#77251 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$1.9-Million from the Virginia Department of Social Services (VDSS) to the FY2024-25 Human Services Operating Budget and AUTHORIZE a $1,273,000 local match from the Human Services Operating Budget re personnel costs and related operational expenses Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF SOCIAL 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $1,900,000 is hereby accepted from the Virginia Department of Social Services 9 and appropriated, with revenue from the Commonwealth increased 10 accordingly, to the FY 2024-25 Operating Budget of the Department of Human 11 Services. 12 13 2) A required local match in the amount of $1,273,000 is hereby authorized to be 14 provided from the Department of Human Service's Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of June , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B/udget and Management Services C' rney's Office CA16892 R-1 June 4, 2025 28 ITEM— V.L 7 ORDINANCES/RESOLUTIONS ITEM#77252 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $436,326 from the Virginia Department of Criminal Justice Services to the FY2025-26 Virginia Beach City Public Schools Operating Budget as a grant subrecipient re School Security Officers and Security Assistants Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR SCHOOL SECURITY OFFICERS AND 3 SECURITY ASSISTANTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $436,326 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with state revenues increased accordingly, to the FY 10 2025-26 Operating Budget for the Virginia Beach City Public Schools as a grant 11 subrecipient. 12 13 2. The City makes no representations regarding continued funding for such positions, 14 and continued City financial support of such positions is conditioned upon grant 15 funding from the Virginia Department of Criminal Justice Services or other funding 16 services. 17 18 3. The effective date of this ordinance is July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of June , 2025. 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 Management Services orney's Office CA16911 R-1 June 4, 2025 29 ITEM— V.L8 ORDINANCES I RESOL UTIONS ITEM#77253 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $418,550 from the United States Department of Energy to the Grants Consolidated Fund within the FY 2024-25 Public Works Operating re energy efficiency and conservation activities Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR ENERGY EFFICIENCY AND CONSERVATION 3 ACTIVITIES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $418,550 is hereby accepted from the United States Department of Energy and 9 appropriated, with federal revenues increased accordingly, to the Grants 10 Consolidated Fund within the FY 2024-25 Operating Budget of the Department of 11 Public Works. 12 13 2. The City does not guarantee replacement of equipment purchased with these grant 14 funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day of June , 2025. 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 Management Services it 'rney's Office CA16898 R-1 June 4, 2025 30 ITEM— V.L9 ORDINANCES/RESOLUTIONS ITEM#77254 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE $208,079 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2025-26 Human Services Operating Budget re Workforce Development Services Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. `Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR WORKFORCE DEVELOPMENT SERVICES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1. $208,079 is hereby accepted from the Virginia Department of Behavioral Health 8 and Developmental Services and appropriated, with revenue from the 9 Commonwealth increased accordingly, to the FY 2025-26 Operating Budget of the 10 Department of Human Services for Workforce Development Services. 11 12 2. The effective date of this ordinance is July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of June , 2025. 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 Management Services City orney's Office CA16900 R-1 June 4, 2025 31 ITEM— ELIO ORDINANCES/RESOLUTIONS ITEM#77255 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $94,479 from the Virginia Marine Resources Commission (VMRC) Abandon or Derelict Vessel (ADi9 Program to the Grants Consolidated Fund within the FY 2024-25 Public Works Operating Budget and AUTHORIZE $94,479 subrecipient grant to the Vessel Disposal and Reuse Foundation re removal of five(5) vessels Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA MARINE 3 RESOURCES COMMISSION ABANDONED OR 4 DERELICT VESSEL PROGRAM AND TO AUTHORIZE 5 A SUBRECIPIENT GRANT TO THE VESSEL 6 DISPOSAL AND REUSE FOUNDATION 7 8 WHEREAS, the Virginia Marine Resources Commission established the 9 Abandoned and Derelict Vessel (ADV) program to provide grants to local governments 10 for the removal of abandoned and derelict vessels from the public tidal waters; and 11 12 WHEREAS, the City applied for and was awarded $94,479 for the administration, 13 removal, and disposal of five ADVs; and 14 15 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA, THAT: 17 18 1) $94,479 is hereby accepted from the Virginia Marine Resources Commission and 19 appropriated, with state revenues increased accordingly, to Department of Public 20 Works portion of the Grants Consolidated Fund. 21 22 2) A subrecipient grant is hereby authorized in the amount of $94,479 to the Vessel 23 Disposal and Reuse Foundation. The provision of the subrecipient grant shall be 24 pursuant to a grant agreement providing for the orderly removal of the ADVs and 25 accounting for the grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of June , 2025. 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 anagement a ices i y rney's Office CA16899 R-1 June 4, 2025 32 ITEM— V.L11 ORDINANCES/RESOLUTIONS ITEM#77256 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$69,698 from the Virginia Department of Behavioral Health and Developmental Services to the Grants Consolidated Fund within the FY 2024-25 Human Services Operating Budget re support of a Data Infrastructure Cost Sharing Agreement Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS IN SUPPORT OF A DATA INFRASTRUCTURE 3 COST SHARING AGREEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $69,698 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2024-25 Operating Budget of the Department of Human 11 Services within the Grants Consolidated Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day of June 2025. 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 Management Services ity for y's Office CA16901 R-1 June 4, 2025 33 ITEM— V.L12 ORDINANCES/RESOLUTIONS ITEM#77257 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$17,323 from the Department of Criminal Justice Services through the 2025 Bryne Justice Assistance Grant(JAG)Program to the Grants Consolidated Fund within the FY2024-25 Sherifs Office Operating Budget and AUTHORIZE a $5,774 local match repurchase of equipment Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE BYRNE JAG PROGRAM FOR THE 3 SHERIFF'S OFFICE EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $17,323 from the Virginia Department of Criminal Justice Services, through the 9 2025 Byrne Justice Assistance Grant Program, is hereby accepted and 10 appropriated, with federal revenue increased accordingly, to the Sheriff's Office 11 Fiscal Year 2024-25 Operating Budget within the Grants Consolidated Fund. 12 13 2) A local match of $5,774 is hereby authorized within existing appropriations of 14 the Sheriff's Office FY 2024-25 Operating Budget. 15 16 3) Equipment purchased through this grant is not guaranteed to be replaced by 17 the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of June , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY: 4- � 94;yAtt�— Budget and Management ervices Zorney's Office CA 16904 R-1 June 4, 2025 34 ITEM— V.L.13 ORDINANCES/RESOLUTIONS ITEM#77258 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $16,655 from the Virginia Military Community Infrastructure Grant Program to the FY 2024-25 Capital Improvement Program re Project#100701 "Princess Anne Road Water Transmission Main"re portion of the local match Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR CAPITAL PROJECT #100701, 3 "PRINCESS ANNE ROAD WATER TRANSMISSION 4 MAIN" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $16,655 is hereby accepted from the Virginia Military Community Infrastructure 10 Grant Program and appropriated, with state revenues increased accordingly, to the FY 11 2024-25 Capital Improvement Program to project #100701 "Princess Anne Road Water 12 Transmission Main" to provide a portion of the local match. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of June , 2025. 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 Management Services City Att ney's Office CA16902 R-1 June 4, 2025 35 ITEM— V.L14 ORDINANCES/RESOLUTIONS ITEM#77259 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $14,450 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-2025 Human Services Operating Budget re Adult Outpatient Competency Restoration and Evaluations services Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent.- Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR ADULT OUTPATIENT COMPETENCY RESTORATION 3 AND EVALUATIONS SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $14,450 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2024-25 Operating Budget of the Department of Human 11 Services for Adult Outpatient Competency Restoration and Evaluations services. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of .Tune 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services _ torney's Office CA16907 R-1 June 4, 2025 36 ITEM— V L15 ORDINANCES/RESOLUTIONS ITEM#77260 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $13,013 from various donations to the FY 2024-25 Non-Departmental Operating Budget of the Mayor's Committee Trust Fund repurchases related to Mayor's Commission on Aging Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. `Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FOR THE MAYOR'S COMMISSION ON AGING 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $13,013 is hereby accepted from various donations and appropriated, with 8 revenues increased accordingly, to the FY 2024-25 Non-Departmental Operating Budget 9 of the Mayor's Committee Trust Fund for purchases related to the Mayor's Commission 10 on Aging. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of June , 2025. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA16908 R-1 June 4, 2025 37 ITEM— VL16 ORDINANCES/RESOL UTIONS ITEM#77261 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED,BY CONSENT, Ordinance to TRANSFER$1,302,068 from General Fund salary savings to the FY 2024-25 Police Department Operating Budget re implement the Drone as a First Responder Pilot Program Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 1 AN ORDINANCE TO TRANSFER $1 ,302,068 FROM 2 GENERAL FUND SALARY SAVINGS TO THE POLICE 3 DEPARTMENT'S FY 2024-25 OPERATING BUDGET TO 4 BEGIN THE DRONE AS A FIRST RESPONDER PILOT 5 PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 $1,302,068 is hereby transferred within the General Fund salary savings, to the 11 FY 2024-25 Operating Budget of the Police Department to implement the Drone as a First 12 Responder Pilot Program. To ensure prompt implementation and avoid fiscal year lapse 13 of funding, the required contracting action to commit the funding for the pilot program is 14 to occur prior to June 30, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of June , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and M nagement Services rney's Office CA16903 R-1 June 4, 2025 38 ITEM— i.J.I PLANNING ITEMS ITEM#77262 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED, AS MODIFIED, AS PROFFERED, BY CONSENT, application of HWG VA BEACH, LLC/1808 SALEM,LLCfor a Modification ofEroffers to a Conditional Change of Zoning reconvert the former Rite Aid building to a childcare center and tenant space at 1808 Salem Road DISTRICT 10 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HWG VA BEACH, LLC/ 1808 SALEM, LLC for a Modification of Proffers to a Conditional Change of Zoning re convert the former Rite Aid building to a childcare center and tenant space at 1808 Salem Road (GPIN.• 1475924954)DISTRICT 10 The following conditions shall be required.• An agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17'h day of June Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson *Council Member Remick filed a disclosure letter June 17, 2025 ,t- B�Ac City of Virginia Sc,-acl-i 91 Z r 99,ts �0E, ap OUR Npkl%o "gov com ROBERT W."WORTH"REMICK CELL:(757)840-5855 COUNCILMEMBER EMAIL:WRemick0vbaov.com DISTRICT 6 File No. 0095940 June 17, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2- 3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of HWG VA Beach, LLC for a modification of proffers to a conditional change of zoning for property owned by 1808 Salem LLC and located at 1808 Salem Road. 2. The applicant is a client of Colliers International Virginia, LLC ("Colliers"), but I have not provided, and do not provide, services to HWG VA Beach, LLC. 3. I have a personal interest in Colliers because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100,Norfolk,Virginia 23510. 4. The City Attorney's Office has advised me that because I do not personally provide services to HWG VA Beach, LLC,the Act provides that I may participate in the City Council's consideration of this application. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs.Amanda Barnes -2- June 17,2025 Re: Disclosure Pursuant to Virginia Code §2.2-3115(I) Sincerely, ql biavIv Worth Remick Councilmember RWR/RRI FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HWG VA BEACH,LLC, a Virginia limited liability company 1808 SALEM LLC,a Virginia limited liability company TO(PROFFERED ZONING COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 26"' day of February, 2025, by and between HWG VA BEACH, LLC, a Virginia limited liability company, party of the first part, Grantor; 1808 SALEM LLC, a Virginia limited liability company, parry of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that parcel of property located in the City of Virginia Beach, Virginia, containing 2.962 acres, as described in Exhibit "A" attached hereto and incorporated herein by reference,which is referred to herein as the"Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit certain modifications of the previously proffered Covenants, Restrictions and Conditions dated July 28, 2003 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200310290176395 (hereinafter "2003 Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 1475-92-4954-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions and conditions contained herein shall modify those Proffers numbered"1", "2"and"3 ',as contained in the 2003 Proffers, with the remaining unchanged, proffered covenants, restrictions and conditions set forth remaining applicable•,and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the-existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or-quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following three (3) amendments to the Conditions and Restrictions as originally proffered which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute zoning proffers running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered "1" in the 2003 Proffers is deleted and replaced with: 1. The following principal uses permitted in the B-2 Zoning District shall not be permitted on the Property: Boat Sales; Storage Garages and Wind Energy Conversion Systems, Freestanding. 2 2. Proffer numbered"2"in the 2003 Proffers is deleted and replaced with: 2. When the Property is redeveloped for adaptive re-use,the site layout shall be substantially as depicted and described on that Exhibit entitled, "CONCEPTUAL SITE PLAN CELEBREE SCHOOL&RETAIL 1808 SALEM ROAD VIRGINIA.BEACH,VA 23456",dated 02/20/2025,rev.04/04/2025,prepared by THE ECO COMPANIES and the existing freestanding sign shall be modified substantially as depicted on that Exhibit entitled "Celebree School Freestanding Sign — 1808 Salem Road", which Exhibits have been presented to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by reference. 3. Proffer numbered"3"in the 2003 Proffers is deleted and modified to read as follows: 3. The architectural style of the building on the Property shall be substantially in keeping with the architectural style and materials depicted on the Exhibit entitled, "CELEBREE SCHOOL PROPOSED EXTERIOR PERSPECTIVES, Salem Road and South Independence Boulevard, Virginia Beach,Virginia", dated 02/24/2025, prepared by Justin A. Mihalik,AIA,which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. 4. The existing drive-thru on the Property shall not be permitted to be used by any eating and drinking establishment. 5. Except as deleted and modified herein, the remaining unchanged proffered covenants,restrictions and conditions in the 2003 Proffers, are hereby ratified and affirmed. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions or further modifies the proffered conditions or restrictions to which the Property is subject to in its current Zoning District. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however,may be repealed, amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to 3 by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach,Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the aggrieved Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WETNESS the following signature and seal: Grantor: HWG VA BEACH, LLC, a Virginia limited liability company By: ' `-� -.•L c� (SEAL) Richard Huffman,Managing Member STATE OF M a v" I a n zi CITY/COUNTY O 19ba 1 ti m a t2 ,to-wit: The foregoing instrument was acknowledged before me this Z 6 ' day of F-c\o r va r, -j ,2025,by Richard Huffman,Managing Member of HWG VA BEACH LLC, a Virginia limited liability company,Grantor. Notary Public My Commission Expires:_ _ b S I I o to 1,C Notary Registration Number: to!A 10 20,6 5 WITNESS the following signature and seal: Grantor: 1808 SALEM LLC a Virginia limited liability company By: The CNB Family Limited Partnership, its sole member By: CNB Trust dated June 11, 2011 7 By- _ _ (SEAL) Mei Ling Cheng,T STATE OF Flo n�k CITY/COUNTY OF ! � �� to-wit: The foregoing instrument was acknowledged before me this z i day of FCbnmc _,2025,by Mei Ling Cheng,Trustee of the CNB Management Trust dated June 11, 2011 o hehalf of The CNB Family Limited Partnership,the sole member of 1808 Salem LLC, a Virginia limited liability company,Grantor. "I Notary PtAic My Commission Expires: S"l J U�i N ITA PATE L Notary Registration Number: 0 H 8390 Notary Public-State of Florida commission p HH 83617 My Commission Expires April 15. 2025 M 6 EXHIBIT "A" All that certain piece or parcel of land located in the Kempsville Borough of the City of Virginia Beach, Virginia and being designated and identified as "Lot 2, 129,024 sq. ft. , 2.96 acres, GPIN: 1475-92-4954" as shown on that certain subdivision plat entitled"SUBDIVISION OF PARCEL B- lAl, M.B. 276, PAGE 3-5, VIRGINIA BEACH, VIRGINIA" made by The John R. McAdams Company,Inc.,Civil Engineering—Land Planning—Surveying,P.O.Box 14005,Research Triangle Park, NC 27709, dated October 29, 2003, last revision dated April 7, 2004, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia prior hereto as Instrument Number 200406220097226 which said plat is incorporated herein for a more particular description as if fully set forth. GPIN: 1475-92-49 54-0000 H:\AM\"Mod of Proffers\"1808 Salem\1st Amendment to Proffers.dom 7 R5 o a \ R5D o`er 14 Q r R10 R`5D sill c- Q Q G — e R5 D� o o o � ` N ® site W E HWG VA BEACH, LLC Property Polygons 1808 Salem Road S Zoning Building Feet 0 25 50 100 150 200 250 300 39 ITEM— V.J.2 PLANNING ITEMS ITEM#77263 The following registered to speak.- Lisa Johnson, representing Surfrider Foundation — Virginia Chapter, P.O. Box 66035, Phone: 302-981- 7145, spoke in OPPOSITION Steve Conrad, representing Delta Waterfowl Foundation, 1410 Dove Drive, Phone: 287-4940, spoke in OPPOSITION Everett Brown, 1324 Bells Road, Phone: 772-321-6459, spoke in OPPOSITION Kate Macasted—did not respond Austin Wadsworth, 104 45"'Street, Phone: 748-2868, spoke in OPPOSITION William Lilley, 566 Oceana Boulevard, Phone: 647-5188, spoke in OPPOSITION Sean Forsyth, 768 Virginia Dare Drive, Phone: 469-2141, spoke in OPPOSITION Frank Gurdziel, 2612 Boush Quarter, Phone: 897-0125, spoke in SUPPORT Joyce Squires, 566 Oceana Boulevard, Phone: 621-1747, spoke in OPPOSITION Loretta Brown, 1324 Bells Road, spoke in OPPOSITION John Curling, 4232 Feather Ridge Drive, Phone: 646-3374, spoke in OPPOSITION Ricky Powla, 1133 Gladiola Crescent,Phone: 368-0852, spoke in OPPOSITION Anthony Novotny, 4732 First Court Road, Phone:285-7944, spoke in OPPOSITION Jeanette Rhodes, 812 South Clubhouse Road, Phone: 525-5461, spoke in OPPOSITION Upon motion by Council Member Remick, seconded by Council Member Hutcheson, City Council APPROVED,AS MODIFIED,AS CONDITIONED, application of CITY OF VIRGINIA BEACHfor a Modi ication of Conditions to a Conditional Use Permit re Borrow-Pit Fill at 560 Oceana Boulevard DISTRICT 6(Deferred from May 20, 2025) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CITY OF VIRGINIA BEACH for a Modi rcation of Conditions to a Conditional Use Permit re Borrow Fit Fill at 560 Oceana Boulevard (GPIN.- 2416288528)DISTRICT 6(Deferred from May 20, 2025) The following conditions shall be required: 1. No filling, excavation, or restoration of the borrow pit shall be permitted without first obtaining all necessary permits from Federal, State, and Local agencies. 2. A fill plan shall be prepared to comply with all Federal, State, and Local agency requirements and shall be on file with the Department of Public Works before any fill activities can begin. 3. The existing vegetated buffer along Oceana Boulevard and along the southern property line shall be maintained. June 17, 2025 40 ITEM— V.J.2 PLANNING ITEMS ITEM#77263 (Continued) 4. Access to the site and filling of the pit shall be consistent with the submitted plan entitled, "OCEANA DMWA EXHIBIT I FOR CITY OF VIRGINL4 BEACH," prepared by Waterway Surveys & Engineering, Ltd., dated November 13, 2024, as exhibited to City Council and on file with the Department of Planning& Community Development. 5. Only inert, non-hazardous, non-toxic materials shall be deposited on the site, and shall not include wood, asphalt, concrete, or other construction debris. 6. Dust control measures such as sweeping regularly, applying water to dusty roads, and/or covering loads on trucks with tarps or mesh shall be implemented to prevent dust from impacting adjacent properties. 7. The maximum number of truck trips generated by the borrow pit shall be [begin strikethrough]32 thirty-two (32)[end strikethroughJ or (40 per day. A truck trip shall be considered one round trip, in and out of the borrow pit. The applicant shall maintain a daily log of inbound and outbound truck trips which shall be made available to the Department of Planning& Community Development upon request. 8. When the filling of the borrow pit is complete, the site shall be converted to achieve the existing grade of 14 feet to 22 feet NA VD contour. Once the final grades are reached, the area shall be seeded as needed and maintained as a naturally vegetated greenspace, as depicted on the plan entitled"CITY OF VIRGI7VL4 BEACH—DEPARTMENT OFPUBLIC WORKS-OPERATIONS, PROPOSED PLAN VIEW— OCEANA DREDGED MATERIAL MANAGEMENT AREA&HA UL ROAD",prepared by Waterway Surveys&Engineering, Ltd., dated January 13, 2025, as exhibited to City Council and on file with the Department of Planning& Community Development. 9. Typical operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Sunday, unless emergency hours are authorized by the City Manager or his designee. 10. Three monitoring wells shall be installed on the site, and testing shall be conducted to ensure thatfill activities on the site do not result in adverse impacts to adjacent properties. 11. A vehicle wash-down station shall be installed at the entrance along Oceana Boulevard and must be used by all haul vehicles and equipment be ore exiting onto the public rim o -wa This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. June 17, 2025 41 ITEM— V.12 PLANNING ITEMS ITEM#77263 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of June Two Thousand Twenty Five. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 AG1 C!1 O o� 12 `D� o 0 0 00 o ❑ a o ❑ o 0 d o a o _ R5D �c� QCredle-R°a ❑ R:5D N ® Site Property Polygons City of Virginia Beach s . Zoning 560 Oceana Boulevard Building Feet 0 55110 220 330 440 550 660 42 ITEM— V.J.3 PLANNING ITEMS ITEM#77264 The following registered to speak: Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED,AS PROFFERED, application of FWM RESIDENTLAL RENTAL PROPERTIES,LLC/ CITY OF VIRGINL4 BEACH for a Conditional Change of Zoning from R-5S Residential Single-Family to Conditional RT-3 Resort Tourist District re commercial marina at two (2)parcels south of 310& 312 Winston Salem Avenue DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FWM RESIDENTIAL RENTAL PROPERTIES, LLC / CITY OF VIRGINL4 BEACH for a Conditional Change of Zoning from R-5S Residential Single-Family to Conditional RT-3 Resort Tourist District re commercial marina at two (2)parcels south of 310&312 Winston Salem Avenue (GPINs 2427129328, 2427128357, 2427129200, 2427129270, 2427129038&2427129190)DISTRICT 5 The following conditions shall be required.• An agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of June Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 FWM RESIDENTIAL RENTAL PROPERTIES,LLC,a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or"Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between FWM RESIDENTIAL 'RENTAL PROPERTIES, LLC a Virginia limited liability company ("FWM"), Grantor for indexing purposes, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("CITY"), Grantor for indexing purposes (FWM and the CITY are collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"). WITNESSETH• WHEREAS, the CITY is the owner of those certain parcels of unimproved real property located in the City of Virginia Beach,Virginia, all as more particularly described in Exhibit A, attached hereto and incorporated herein by reference(collectively,"Pro a "); WHEREAS,FWM has entered into an agreement with the CITY to purchase the Property; WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District and has applied for a conditional use permit to operate a commercial marina on the Property; WHEREAS,it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS,GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise;and WHEREAS,GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE,as part of the proposed amendments to the Zoning Map of GPIN#s:2427-12-9190&2427-12-9038 Prepared by: Lisa M.Murphy, Esquire(VSB#39111) Willcox&Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 the City of Virginia Beach,Virginia("Zoning Map")with respect to the Property,the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE,the GRANTOR,and 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 or quid pro quo for zoning,rezoning, site plan,building permit, or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR,and its successors, assigns,grantees and other successors in interest or title: l. The number of residential dwelling units on the Property shall not exceed the number of residential dwelling units existing on the Property on the Effective Date of this Agreement. 2. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council;provided,however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination,this Agreement shall be null and void. All references herein to the RT-3 Resort Tourist District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia,in force as of the date this Agreement is approved by City Council, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia("Clerk's Office")and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE,after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as 2 1-2905859.1 amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach,Virginia,to administer and enforce the foregoing conditions and restrictions, including the authority (a)to order, in writing,that any noncompliance with such conditions be remedied,and(b)to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 3 I-2905859.1 WITNESS the following signature and seal. GRANTOR: FWM RESIDENTIAL RENTAL PROPERTIES, LLC, a Virginia limited liability company BY _ _ <ager (SEAL) Name: WiTitle: M� COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this Z 1" day of Mawk 2025 by William A. Wilcox, I1, as Manager of FWM RESIDENTIAL RENTAL PROPERTIES,LLC,a Virginia limited liability company, on behalf of said company. [SEAL] LETSCy rlhtary Pu is i]2 _,,2��� Y P•e�y"= Registration No: 0 1�s3 c13 i W _� REG• LntyN� f 278363 =, - My Commission Expires: -3 3 I l = COMMISSION = �oN ....... L�'••.�ALTN O ..•`'� j"O'NCI64 1N , [Signature Page to Proffered Covenants, Restrictions and Conditions] GRANTOR: ATTEST: CITY OF VIRGINIA BEACH,VIRGINIA y-, atl:! = it Clerk Ci Manager/Authorized Designee of City Manager CITY'S ACKNOWLEDGEMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: I, Nij; J,—t, O ns- .,�z +�d1 ,a Notary Public in and for the City and state aforesaid, do hereby certify that UC W_tGg_ G4 CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO §2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement, bearing date the day of _ , 2025, has acknowledged the same before me in my City and State aforesaid. He/She is personally known to me. GIVEN under my hand this _ day of Vol" , 2025. 6N-olta; My Commission Expires:Notary Registration Number:_ ry bIic Conlmonwaetth Of Arginla JennN`r Arms Grundkf-Notary Pubic STATE OF VIRGINIA COnlmisft No.7037167 CITY OF VIRGINIA BEACH,to wit: MY Commission Expires c3 f?,\IW,Z q I, +.� a.. ru14r_ c 4� ,a Notary Public in and for the 1 d�-t� cc City and state aforesaid, do hereby certify that rc� C �.�s, 1%i2 Cifyy Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Agreement, bearing date the day of _ 2025, has acknowledged the same before me in my City and State aforesaid. She is personally known to me. GIVEN under my hand this day of .2025. My Commission Expires: 5►3�12crL�1 Notary Registration Number: --jilt -a tv1 Nota(} Pu is Commonwealth 01 Wpinia Jenniter Anne Grundler-Notary Pubic APPROVED AS TO CONTENT: AP ROVED AS TO FORM: Commission No.7037167 My Commission Expires 14-1 ignature-Planning Department Signature—City Attorney [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants,Restrictions and Conditions Legal Description of the Property GPIN: 2427-12-9190("Parcel 28A"): ALL THAT certain lot, tract or parcel of land, together with improvements thereon, belonging, lying, situated and being in the City of Virginia Beach,Virginia, designated and described as: "TAKE AREA= 1,427 SQ. FT. PARCEL 28A", as shown on sheet 2 of 11 of that certain plat entitled"RUDEE INLET DREDGING PROJECT dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated April 23, 1987, from V & N Associates, a Virginia general partnership, and recorded in the aforesaid Clerk's Office in Deed Book 2639, at page 794. GPIN: 2427-12-903B("Parcel 28C"). ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and described as: "TAKE AREA=4,817 SQ. FT. PARCEL 28C", as shown on sheet 2 of 11 of that certain plat entitled"RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated June 16, 1987,from R.J.Alfriend, III, Rachel K. Alfriend, and Robert I. Low, Trustees, and recorded in the aforesaid Clerk's Office in Deed Book 2691, at page 263. A-1 i R5S 0 R.. RT1 Stop sale 0 R�5S R05�S�R-5S RT3 R-5�S R-5'S N ® site FWM Residential Rental Properties LLC W Property Polygons 310 & 312 Winston Salem Avenue, S Zoning 4 parcels directly south of Building 310 & 312 Winston Salem Avenue Feet 0 2040 80 120 160 200 240 43 ITEM— V.J.4 PLANNING ITEMS ITEM#77265 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, application of FWM RESIDENTLAL RENTAL PROPERTIES,LLC/FWM RESIDENT1AL RENTAL PROPERTIES,LLC & CITY OF VIRGINIA BEACH for a Modification of Conditions to a Conditional Use Permit re commercial marina at four(4)parcels directly south of 310& 312 Winston Salem Avenue DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FWM RESIDENTLAL RENTAL PROPERTIES, LLC / FWM RESIDENTIAL RENTAL PROPERTIES,LLC& CITY OF VIRGINLI BEACHfor a Modi ication of Conditions to a Conditional Use Permit re commercial marina at four (4) parcels directly south of 310 & 312 Winston Salem Avenue (GPINs 2427129328, 2427128357, 2427129200, 242 71292 70, 2427129038&2427129190)DISTRICT 5 The following conditions shall be required: 1. All previous conditions attached to the Modification of Conditions Permit approvals of January 21, 2025, shall be voided and replaced with the following conditions below. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "EXHIBIT SHOWING PROPOSED IMPROVEMENTS(PIERS&PILES)ON"PARCEL 4"(GPIN.•2427-12-9123), "PARCEL 2" (GPIN.•2427-12-9184), AND CITY OF VIRGINIA BEACH PROPERTY IDENTIFIED AS PARCEL 028C(DB 2600, PG 1651)",prepared by MSA, and dated January 14, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Joint Permit Application shall be approved by the Department of Planning&Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 4. The dry storage of boats shall not be permitted on the site. 5. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 6. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 75 7-385-8 769, regarding any required Fire Protection. 7. All provisions in the Virginia Statewide Prevention Code, Chapter 36—Marinas, shall be adhered to and maintained. June 17, 2025 44 ITEM— V J.4 PLANNING ITEMS ITEM#77265 (Continued) 8. A final subdivision plat shall be submitted for review, approval and recordation to vacate the existing internal property lines at 310 and 312 Winston Salem Avenue. 9. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17rh day of June Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 FWM RESIDENTIAL RENTAL PROPERTIES, LLC,a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or"Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between FWM RESIDENTIAL 'RENTAL PROPERTIES, LLC, a Virginia limited liability company ("FWM"), Grantor for indexing purposes, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("CITY' , Grantor for indexing purposes (FWM and the CITY are collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS,the CITY is the owner of those certain parcels of unimproved real property located in the City of Virginia Beach,Virginia, all as more particularly described in Exhibit A, attached hereto and incorporated herein by reference(collectively, "Pro "); WHEREAS,FWM has entered into an agreement with the CITY to purchase the Property; WHEREAS,GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District and has applied for a conditional use permit to operate a commercial marina on the Property; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS,GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise;and WHEREAS,GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE,as part of the proposed amendments to the Zoning Map of GPIN#s:2427-12-9190&2427-12-9038 Prepared by: Lisa M.Murphy,Esquire(VSB 439111) Willcox&Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 the City of Virginia Beach,Virginia("Zoning Man")with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE,the GRANTOR, and 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 or quid pro quo for zoning,rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns,grantees and other successors in interest or title: 1. The number of residential dwelling units on the Property shall not exceed the number of residential dwelling units existing on the Property on the Effective Date of this Agreement. 2. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council;provided,however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination,this Agreement shall be null and void. All references herein to the RT-3 Resort Tourist District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia("Clerk's Office") and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as 2 1-2905859.1 amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach,Virginia,to administer and enforce the foregoing conditions and restrictions, including the authority (a)to order, in writing,that any noncompliance with such conditions be remedied, and(b)to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement, damages, or other appropriate action,suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions,GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 3 I-2905859. WITNESS the following signature and seal. GRANTOR: FWM RESIDENTIAL RENTAL PROPERTIES, LLC, a Virginia limited liability company By:_ (SEAL) Name: Willi' W' .ox,II Title: M ger COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 2 ISi day of 1=2025 by William A. Wilcox, II,as Manager of FWM RESIDFNTIAL RENTAL PROPERTIES,LLC,a Virginia limited liability company, on behalf of said company. [SEAL] � ' � . ,,quap„•• Pu he r�krtQ;, EY C• Registration No: 0 0 2 1'3 3 93 A lie••;4y=, -- iREG# 4A i N >; OO278363 t My Commission Expires: /3 11 1 a8 COMMISSION = /,I,NII/H1111.N,. [Signature Page to Proffered Covenants, Restrictions and Conditions] GRANTOR: ATTEST: CITY OF VIRGINIA BEACH,VIRGINIA J��-�--- natutc=City Clerk 4manager/Authorized Designee of City Manager CITY'S ACKNOWLEDGEMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: 1,y n e1%.— e-e i Pru x(-.i, r-Jkr ,a Notary Public in and for the City and state aforesaid, do hereby certify that t Gr-- CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO §2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement, bearing date the day of __, 2025, has acknowledged the same before me in my City and State aforesaid. He/She is personally known to me. GIVEN under my hand this day of rV—fL 2025. My Commission Expires: DL:�\I12,02-cl .,,_,� ,� ,ti•��_ . Notary Registration Number: Notary bli CommWaIfh Of Virginia Jennj*MMGrundier. Notary Public STATE OF VIRGINIA Commission No.1037167 CITY OF VIRGINIA BEACH,to wit: MY Commission Expires �2-csZ c) 1, a Notary Public in and for the W - d,es,c City and state aforesaid, do hereby certify that r� ��z 1�,►s, N*h Cify Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Agreement, bearing date the day of 2025, has acknowledged the same before me in my City and State aforesaid. She is personally known to me. GIVEN under my hand this day of._ .2025. My Commission Expires: ��13�12c�2.Gi Notary Registration Number: id-1- Nota� Pu is vommonweefth Of Virginia Jennifer Mite Grurxller-Notary public APPROVED AS TO CONTENT: AP ROVED AS TO FORM: Common No.7037107 �%TG� MY Commission Expires 3� ignature-Planning Department Signature—City Attorney [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants,Restrictions and Conditions Leal Description of the Property GPIN: 2427-12-9190("Parcel 28A"): ALL THAT certain lot, tract or parcel of land, together with improvements thereon, belonging, lying, situated and being in the City of Virginia Beach,Virginia, designated and described as: "TAKE AREA= 1,427 SO. FT. PARCEL 28A", as shown on sheet 2 of 11 of that certain plat entitled"RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated April 23, 1987, from V & N Associates, a Virginia general partnership, and recorded in the aforesaid Cleric's Office in Deed Book 2639, at page 794. GPIN: 2427-12-9038("Parcel 28C"). ALL THAT certain lot,tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and described as: "TAKE AREA=4,817 SO. FT. PARCEL 28C", as shown on sheet 2 of 11 of that certain plat entitled"RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated June 16, 1987, from R.J. Alfriend, III, Rachel K. Alfriend, and Robert I. Low, Trustees, and recorded in the aforesaid Clerk's Office in Deed Book 2691, at page 263. A-1 0 so R5S aiZRT1 p ost sad em A�env► �� W�n c�. CO 0 R�5S R-5�S01 RT3 R-5'S R-5'S N ® site FWM Residential Rental Properties LLC W F Property Polygons 310 & 312 Winston Salem Avenue, Zoning 4 parcels directly south of S Building 310 & 312 Winston Salem Avenue mmm==Feet 0 2040 80 120 160 200 240 45 ITEM- V.J.5 PLANNING ITEMS , ITEM#77266 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED, AS PROFFERED, BY CONSENT, application of 2501 HOLLAND ROAD, LLC for a Conditional Chan-ae o Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District re develop a 35-lot subdivision with 33 single-family lots, an open space lot and a stormwater management lot at 2501 Holland Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 2501 HOLLAND ROAD,LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District re develop a 35-lot subdivision with 33 single-family lots, an open space lot and a stormwater management lot at 2501 Holland Road (GPIN: 1494860698)DISTRICT 2 The following conditions shall be required: An agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17"'day of June Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. `Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 2501 HOLLAND ROAD, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 261' day of February, 2025, by and between 2501 HOLLAND ROAD, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of land located in District #2 of the City of Virginia Beach, containing approximately 13.9 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference,said property hereinafter referred to as the"Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from the AG-1 and AG-2 Agricultural Districts to the Conditional R-10 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1494-86-0698-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.-VSB#22160 Sykes,Bourdon,Ahem&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns,grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or uid pm quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns,grantees, and other successors in interest or title: 1. When the Property is developed and landscaped, it shall have the entrance, neighborhood identification sign, street layout, street design, landscaping, sidewalks and connected trail and open spaces, substantially as depicted and described on the exhibits entitled, "Holly Grove at Princess Anne Conceptual Master Plan Virginia Beach,Virginia",dated January 10, 2025, Rev. 4.17.25, and "Holly Grove at Princess Anne Conceptual Details Virginia Beach, Virginia", dated January 10, 2025, Rev. 4.17.25 prepared by Land Planning Solutions, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning and Community Development(the"Conceptual Subdivision Plan" and "Conceptual Entry Feature")and are incorporated herein by this reference. 2. When the Property is developed, it will be subdivided into no more than thirty- three(33)single family residential building lots each having a minimum of 10,000 square feet of area. The thirty-three(33)new homes will be built with a raised slab foundation with a minimum 18 inches of freeboard and a brick or stone skirt. Each home will contain a minimum of 2,200 square feet of living area for a one story dwelling and 2,500 square feet of living area for a two story dwelling. Each home shall have no less than a two(2)car garage and a covered front porch with the primary exterior covering of cementitious siding(e.g. "Hardi-Plank"), LP Smartside or 2 its equivalent and high quality architectural shingles [no three (3) tab shingles permitted]. The homes shall utilize the design elements and architectural features substantially as depicted on the seven(7)pictorial exhibits designated "Holly Grove at Princess Anne" (#1 through #7), which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference(the "Quality Home Depictions"). 3. When the Property is developed, the 6' PVC perimeter fence along the northwest and southwest boundary as designated on the Conceptual Subdivision Plan shall be substantially as depicted and described on the "Holly Grove at Princess Anne Fence Exhibit", dated 2-25-25 which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development and is incorporated herein by reference (the "Fence Exhibit"). 4. When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, all of the other property, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall own and be responsible for maintaining all open space areas and landscaping therein,the entrance feature signage and landscaping and other improvements within the Open Space Areas, as depicted on the Conceptual Subdivision Plan. The open space areas shall be conveyed to the Home Owners' Association prior to the issuance of the first occupancy permit. 5. When the Subdivision Plat and Subdivision Construction Plans are submitted,the final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 6. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a 3 new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied; and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages,or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: 2501 Holland Road, LLC, a Virginia limited liability company By: � ._--.�:�J ._ SEAL) Jon than D.Wetherington, Sole Mem r STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 2611' day of February, 2025, by Jonathan D. Wetherington, Sole Member of 2501 Holland Road, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2026 • ..»»Ca.,q o•,e Notary Registration Number:192628 O?o y.� p 113� N min 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and more particularly bounded and described as: Running in a tie line from an iron pin located at the Northeast intersection of the proposed Indian River-Courthouse Road and its intersection with the North line of a 66 foot Virginia Electric and Power Company right-of-way and thence running North 44 degrees 30' 34" West a distance of 1115.52 feet to a point; thence running North 45 degrees 29' 26" East a distance of 1272.06 feet to a point;thence North 45 degrees 1'44"West a distance of 178.76 feet to the point of beginning; thence North 44 degrees 58' 16"East a distance of 564.90 feet to a point;thence North 39 degrees 16' 10" East a distance of 577.81 feet to a point on Holland Road; thence along the arc of a curve a distance of 102.56 feet to a point, said are having a radius of 310.06 feet deflecting to the West; thence North 48 degrees 35' 24" West along Holland Road a distance of 409.63 feet to a point; thence South 44 degrees 6' 50" West down the centerline of a hedgerow a distance of 637.31 feet to a point located in the center of an old 48-inch oak stump;thence South 29 degrees 39'S0" West a distance of 59.16 feet to a point;thence South 44 degrees 15' 00"West down the centerline of a ditch a distance of 430.66 feet to a point;thence South 45 degrees 1'44" East down the centerline of a ditch a distance of 537.27 feet to the point of beginning. LESS, SAVE AND EXCEPT the property conveyed to the City of Virginia Beach by Deed of Bargain and Sale dated September 13, 1977 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1706, at Page 304. LESS, SAVE AND EXCEPT the property conveyed to the Commonwealth of Virginia by deed dated June 16, 2009 and duly recorded in the aforesaid Clerk's Office as Instrument Number 20090904001051860. GPIN: 1494-86-0698-0000 H:\AM\^Conditional Rezoning\-2501 Holland Road\Proffer Agreement.docx 6 vw, �NO FAM OAF luemwm PAN dp IS M UM ef 46 ITEM— V.J.6 PLANNING ITEMS ITEM#77267 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED, AS PROFFERED, AS CONDITIONED, BY CONSENT, application of BT ASSOCIATES, LLC for a Conditional Change of Zoning from 0-2 Offtce District to Conditional B-2 Business District and Conditional Use Permit re bulk storage yard at 120 South Lynnhaven Road DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BT ASSOCIATES, LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Business District and Conditional Use Permit re bulk storage yard at 120 South Lynnhaven Road (GPIN: 149 74460 76)DISTRICT 3 The following conditions shall be required: Conditional Change o Zoning: An agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. Conditional Use Permit: 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF S. LYNNHAVEN ROAD #120" dated January 22, 2025 May 19, 2025— prepared, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage shall be limited to operable motor vehicles. Vehicles on site shall be limited to those sold as personal vehicles and loaner vehicles associated with the motor vehicle sales operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The general public shall not access this site and no sales shall take place on the subject property. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Hours of operation shall be between 8:00 a.m. to 8:00 p.m., daily. 5. Fencing material shall be limited to aluminum, vinyl, or a durable composite material. Wood and chain-linkfences shall be prohibited. 6. No outdoor paging or loudspeaker system shall be permitted. June 17, 2025 47 ITEM— VJ.6 PLANNING ITEMS ITEM#77267 (Continued) 7. All outdoor lighting shall be shielded to direct light and glare onto the premises;said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A photometric lighting plan, meeting the requirements of Section 252&254 of the Zoning Ordinance(CZO),shall be submitted during final site plan for review and approval by City staff. 8. The installation of security gates across afire apparatus access road is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the I Ih day of June Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 BT ASSOCIATES,LLC, a Virginia limited liability company TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this �day of February, 2025, by and between BT ASSOCIATES, LLC, a Virginia limited liability company, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of the parcel of land located in the District 3 of the City of Virginia Beach, containing approximately 0.7 acres, as more particularly described as "Exhibit All attached hereto and incorporated herein by reference; (the"Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the parcel of land within the Property from 02 (Office) District to Conditional B2 (Business) District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes though zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, GPIN NO.: 1497-44-6076-0000 Prepared by: Christopher A. Pocta,Esq. Wolcott Rivers Gates 200 Bendix Road Suite 300 Virginia Beach, VA 23452 Telephone: (757)497-6633 Facsimile: (757 497-7267 in addition to the regulations provided for the Conditional B2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development,operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, 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 or compulsion or quid pro quo for conditional use, site plan, or building permit, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claimed under or through the Grantor, its successors, personal representatives,assigns, grantee, and other successors in interest or title: 1. When the Property is developed,the entrance,streets,landscaping and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF S. LYNNHAVEN ROAD #120 dated May 19, 2025, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference ("Concept Plan"). 2. When the Property is developed, there will be no enclosed buildings; the only impervious improvement will be a parking lot as depicted on the Concept Plan. 3. When the Property is developed,all outdoor lighting will be shielded to direct light and glare onto the premises; said lighting and glare will be deflected, shaded, and focused away from all adjoining property to protect pedestrians and drivers from glare. Pursuant to Section 252 of the Zoning Ordinance, all outdoor lighting will be erected at a height not to exceed fourteen (14)feet,and will provide a safely lit parking lot removing blind spots at night-time as depicted in the photometric lighting plan by LSI dated February 3, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is hereby incorporated by reference. 2 4. When the Property is developed, the storage area as depicted on the Concept Plan will be completely enclosed, except for necessary opening for ingress and egress, by a fence no less than six(6) feet in height that also has a sliding access gate for added security, and Category VI landscaping as per Section 228 of the Zoning Ordinance. 5. When the Property is developed, the Property will utilize Category VI landscaping, which will include evergreen shrubs or a combination of trees and shrubs, intended to better screen the proposed use from the surrounding mixed uses. 6. When the Property is developed, the loading and unloading of vehicles shall be prohibited within the right-of-way. 7. When the Property is developed, the Grantor will store only new or fleet vehicles at the Property and will not store "used motor vehicles" as that term is defined in Virginia Code Section 46.2. 8. When the Property is developed, it will not be used as an Automobile Repair Establishment nor an Automobile Service Station, as those terms are defined in the Zoning Ordinance. 9. Further conditions may be required by the Grantee during the detailed review of the Concept Plan and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the conditional use and B2 (Business) Districts, and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until the use of the Property is no longer used as a bulk storage yard, or until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the 3 time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instruments as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory jurisdiction,abatement,damages,or other appropriate action, suit or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. (Signature Page Follows] 4 WITNESS the following signatures and seals: BT ASSOCIATES,LLC, a Virginia limited liability company By: Name: q Title: r&rs/)6 v'.4 STATE OF VIRGINIA CITY/COUNTY OF '(l 4�j 11'P�i _�gio ,to-wit: I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that `1{s� �j, (' �, , , Tn° iii of BT Associates, LLC, a rn1� Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this _Q_ day of J�4 2025, who is personally known to me or has produced as identification. Notary Public �Q' ZoZg 'IRIS VIOLETA CUEVAS My Commission Expires: v jthoCommowe f Virginia Registration No.00274967 My Commission Expires Sep 30,2028 My Commission Number: 60j749G7 5 EXHIBIT A PARCEL I: ALL THAT certain lot, piece or parcel of land, situate and being in the City of Virginia Beach, Virginia, and known, numbered and described as Parcel A, as shown on the following plat: Survey of Property of Ruth E. Tarter and Waldo M. Tarter, Showing exchange of property of Trustees of the Lynnhaven Presbyterian Church, Virginia Beach, Virginia, Scale: V = 30', January 23, 1961, Alton M. Butler, Surveyor, Virginia Beach, Virginia", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 52, Page 4; reference to which plat is hereby made for a more particular description of said property. PARCEL II: ALL THAT certain lot, piece or parcel of land, situate and being in the City of Virginia Beach and known, numbered and designated as "Ruth E. Tarter and Waldo M. Tarter, 0.380 ac (after change); as shown on the above referenced plat. PARCEL III: ALL THAT certain lot, piece or parcel of land, with the building and improvements thereon, situate, lying and being in the City of Virginia Beach,Virginia, and being known, numbered and designated as "Whitehurst, Site A" as shown on that certain plat entitled "Plan of Property Located at Lynnhaven in Princess Anne Co.,VA" dated July 2, 1941,which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 17, Page 56; reference to which plat is made for a more particular description of the said property conveyed. PARCEL IV: ALL THAT certain lot, piece or parcel of land, with the improvements thereon and furnishings therein, situate, lying and being at Lynnhaven, Lynnhaven Magisterial District, Princess Anne County, Virginia, now Virginia Beach, Virginia, and described according to a certain plat made by W. B. Gallup, County Surveyor, on July 2, 1941, and is designated on said plat as "J.G. Brown Site "B", which plat is made a part of the deed from F. M. Whitehurst to J.Q. Brown, et al,and described the property as follows: BEGINNING at a pipe in the Northwest corner of the property hereby conveyed, which said point of beginning is the intersection of the property hereby conveyed, which said point of beginning is the intersection of the property hereby conveyed, with the Northeast corner of Site "A" and the Southern edge of the right of way of the Norfolk-Southern Railroad Company's property; and which said point of beginning is 137.3 feet from the east side of Lynnhaven Road, and 6 running thence along the Southern edge of the Norfolk-Southern Railroad Company's right of way S82°30300" E, 165.5' to a pipe; thence turning and running along the property of Norfolk Southern Railroad S56°34'00"W, 84.37' to a pipe; thence turning and running along the property of Mills N82°30'00"W, 102.F to a point in the edge of other property of Carroll W. Kennedy & Associates, Inc.; thence turning and running along the edge of other property of Carroll W. Kennedy N7°30'00"E, 55.35'to a pipe,the point of beginning. Parcels I, 11, III and IV collectively being shown on physical survey entitled "Physical Survey of Office Building located on South Lynnhaven Road, Virginia Beach, Virginia", said survey being made by Talbot & Associates, Ltd., FIELD BOOK: P.S. 38, P. 100; FILE NO. A-3-379 and being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 131,Page 31. Property Address: 120 S Lynnhaven Road,Virginia Beach, Virginia 23452 GPIN 1497-44-6076-0000 7 B2 11 B2 --- - -- Southern Boulevard `co 02 0� 02� o% i Vie' ��.�' 0 �P= O2 \ N Site BT Associates, LLC w r. Property Polygons s Zoning 120 South Lynnhaven Road Building Feet 012.E25 50 75 100 125 150 48 ITEM— V J.7 PLANNING ITEMS ITEM#77268 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council DEFERRED TO JUL Y8,2025,BY CONSENT,application of VIRGINIABEACHBEACONBAPTIST CHURCH for a Modification of Conditions to Conditional Use Permit re religious use at 2301 Newstead Drive DISTRICT 5 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 49 ITEM— V.J.8 PLANNING ITEMS ITEM#77269 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council DEFERRED TO JULY 8, 2025, BY CONSENT, application of CFT NV DEVELOPMENTS, LLC/ VIRGINIA BEACH BEACON BAPTIST CHURCH for a Conditional Change of Zoning from R-20 Residential District to Conditional B-2 Business District re subdivide a portion of the property into two (2)separate lots at 2301 Newstead Drive DISTRICT 5 Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 50 ITEM— V.J.9 PLANNING ITEMS ITEM#77270 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of KENNETH LEACH/CHANDLER S.DENNIS for a Conditional Use Permit re open air market at 661 Sandbridge Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KENNETH LEACH/CHANDLER S. DENNIS for a Conditional Use Permit re open air market at 661 Sandbridge Road(GPIN.• 2424603634) DISTRICT 2 The following conditions shall be required: L The Open-Air Market shall be limited to one(1)food truck. 2. There shall be no less than one(1) trash receptacle per one thousand(1,000)feet of sales area.All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 3. The placement of the food truck and any associated seating area shall not obstruct drive aisles or designated fire lanes at any time. 4. The proposed hours of operation shall be 7:00 a.m. to 4:00 p.m.,Monday through Sunday. S. There shall be no amplified music associated with the Open-Air Market(food truck). This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17'h day of June Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 AG2 AG2 B2 AG2 AG2 --------__--- 1 B2 br��y. e Roa a B2 AG2 AG-1 N ® site W F Kenneth Leach Property Polygons s Zoning 661 Sandbridge Road Building Feet 0 3060 120 180 240 300 360 51 ITEM— VJ.10 PLANNING ITEMS ITEM#77271 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of COLINAND SKYLAR MILLER for a Conditional Use Permit re short term rental at 1720 Baltic Avenue DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA COLINAND SKYLAR MILLER for a Conditional Use Permit re short term rental at 1720 Baltic Avenue(GPIN:242 70 730526760)DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 1720 Baltic Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning and Community Development(ZoningAdministration)before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO)or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2)resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1)hour. June 17, 2025 52 ITEM— Y.J.10 PLANNING ITEMS ITEM#77271 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1-Million ($1,000,000). 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the ZoningAdministrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by insurers acceptable to the City. June 17, 2025 53 ITEM— V.J.10 PLANNING ITEMS ITEM#77271 (Continued) 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. June 17, 2025 54 ITEM— i!110 PLANNING ITEMS ITEM#77271 (Continued) This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`4 day of June Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 O�R OR Street O R �gth ,Street \ Street h Street- Est c� OR O R - street 1�th Nab 03 1f Street 1�th Na c� OR OR N ® Site W E Property Polygons Colin & Skylar Miller S Zoning 1720 Baltic Avenue Building Feet 0 1530 60 90 120 150 180 55 ITEM— i K APPOINTMENTS ITEM#77272 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HOUSING ADVISORYBOARD INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE June 17, 2025 56 ITEM— V.K APPOINTMENTS ITEM#77273 Upon NOMINATION by Council Member Henley, City Council APPOINTED: CHASE MCCONNELL AUDREYPERRY BAILEY QUARG NEEL SINGH Student Members One year term 71112025—613 012 02 6 BAYFRONT ADVISORY COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 57 ITEM— V.K APPOINTMENTS ITEM#77274 Upon NOMINATION by Council Member Henley, City Council APPOINTED: ANNA ORCHARD-HA YES Student Member One year term 71112025—613 012 02 6 CLEAN COMMUNITY COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 58 ITEM— VK APPOINTMENTS ITEM#77275 Upon NOMINATION by Council Member Henley, City Council APPOINTED: PAHAN JAYARATHNA JOHN L'HEUREUX Student Members One year term 71112025—613012026 FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 59 ITEM— i!K APPOINTMENTS ITEM#772 76 Upon NOMINATION by Council Member Henley, City Council APPOINTED: SAMANTHA HARRIS MCKENNA TOWNSLEY Student Members One year term 71112 025—613 012 02 6 GREEN RIBBON COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 60 ITEM— V.K APPOINTMENTS ITEM#772 77 Upon NOMINATION by Council Member Henley, City Council APPOINTED: LEANNA M.HUMPHREY Architect Unexpired term thru—313112028 HISTORICAL REVIEW BOARD Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 61 ITEM— i!K APPOINTMENTS ITEM#77278 Upon NOMINATION by Council Member Henley, City Council APPOINTED: WILLIAMPARILS Architect Unexpired term thru 913012026 MARK CARTER Citizen member Unexpired term thru 913012027 HOUSING ADVISORY BOARD Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 62 ITEM— V.K APPOINTMENTS ITEM#77279 Upon NOMINATION by Council Member Henley, City Council APPOINTED: ANURADHA BASNET NOOR NAGY Student Members One year term 71112025—613012026 HUMAN RIGHTS COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 63 ITEM— V K APPOINTMENTS ITEM#77280 Upon NOMINATION by Council Member Henley, City Council APPOINTED: R UTH BARNHARDT Represents property owner in Old Beach Overlay District Three year term 71112025—613012028 OLD BEACH DESIGN REVIEW COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 64 ITEM— V K APPOINTMENTS ITEM#77281 Upon NOMINATION by Council Member Henley, City Council APPOINTED: ERIC LIN Student Member One year term 71112025—613012026 OPEN SPACE ADVISORY COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 65 ITEM— V.K APPOINTMENTS ITEM#77282 Upon NOMINATION by Council Member Henley, City Council APPOINTED: ALEXANDER AMERINE Student Member One year term 71112025—613012026 PARKS AND RECREATION COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 66 ITEM— V.K APPOINTMENTS ITEM#77283 Upon NOMINATION by Council Member Henley, City Council APPOINTED: KATHERINE C.SCHOONOVER District 5 Unexpired term thru 212812027 PLANNING COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 67 ITEM— V K APPOINTMENTS ITEM#77284 Upon NOMINATION by Council Member Henley, City Council APPOINTED: AIDEN VONEGLOFFSTEIN MIA SPRUILL Student Members One year term 71112025— 613012026 RESORT ADVISORY COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 68 ITEM— V.K APPOINTMENTS ITEM#77285 Upon NOMINATION by Council Member Henley, City Council APPOINTED: DOUGLAS WILBOURNE Unexpired term thru 1213112028 VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond and Joashua F. "Joash"Schulman Council Members Absent: Jennifer Rouse Rosemary Wilson June 17, 2025 69 ADJOURNMENT ITEM#77286 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7.18 P.M. errt7H. elius Chief Deputy City Clerk 'A�vi A nda Bar es, AAk Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia June 17, 2025