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Home My WebLink AboutJULY 8, 2025 FORMAL SESSION MINUTES �'A'BEt o� ei 4 S of OUq NATO VI1?GINL4 BEACH CITY COUNCIL Virginia Beach, Virginia JUL Y 8,2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,July 8, 2025, at 12:30 P.M. Council Members Present: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond and Rosemary Wilson Council Members Absent: Barbara M. Henley—Arrived at 12:35 P.M. Cal "Cash"Jackson-Green—Arrived at 12:35 P.M. Jennifer Rouse—Arrived at 12:34 P.M. Joashua F. "Joash"Schulman—Arrived at 12:35 P.M. 2 CITY MANAGER'S BRIEFINGS 2026 OCEANFRONT EVENT ANNOUNCEMENT ITEM#77332 12:31 P.M. Mayor Dyer welcomed Nancy Helman, Director—Convention and Visitors Bureau and Rick Bratman, President—ASA Entertainment. Ms. Helman expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Helman and Mr. Bratman for the presentation. July 8, 2025 VB SUPER GIRL SURF FESTIVAL . ......... FOURXPOINTTS a ■ 00 L n► ..vim- �k 144 f� y¢ tj .y��•Y i� - t��8w, � a`* +:�a 'j�� r f'- {r .. i .t' TT + AvA VIRGINIA BEACH INFORMATION Ent�r-ta/nm�nt I I ABOUT ASA ENTERTAINMENT ASA Entertainment has a long history of advocacy, innovation, and success as a leader in the action sports industry. Since its formation in 1994, the company has produced more action sports events, television shows and content than any company in the world . ASA specializes in creating and executing customized, turnkey events and marketing programs that infuse both brands and venues with authenticity and energy and fuels brand loyalty. These events, promotions and content inspire and entertain "Gen Z" and "Millennial" consumers and serve as marketing platforms that allow brands to connect with these consumers through relevant lifestyle activities. The company's events and content feature skateboarding, BMX, freestyle motocross, snowboarding, freeskiing, inline skating, surfing, esports and music and range in scale from grassroots to global . They are broadcast domestically on 28 networks and distributed to more than 800 million HH globally via 31 international broadcast partners. SUPER GIRL SURF FESTIVALS For the past 20 years, the Super Girl Surf Festival Series has been the only large-scale all-women's sports, music and lifestyle series in the world . Developed as a celebration of female empowerment and inclusion , the series has grown into 3 inspirational and purpose-driven free festivals centered around providing opportunities for women in industries where they are often underrepresented . • September 5 — 7 in Virginia Beach, VA _ 75,000+ combined attendees • 1 ,000+ female athletes competing in 10 sports s '.~ 300+ hours of TV coverage on 28 networks ' 20+ hours of live webcasts on several channels Includes 15 live concerts, competition in 10 �4 sports, DJ battles, fitness, dance, yoga, art, wellness, speakers, social influencers, esports, fashion, beauty, content creators, etc. • FREE, community-focused and purpose-driven HER SURF INFORMATION MOM" Highest level World Surf League (WSL) WOS Women's Surf Competitions in the Americas �j Three largest female surfing events in the world More than 100 of the world's top pros attend each event, including Olympians, World Champions and former Super Girl Champs Includes pro women's longboarding competition L Designed to not only showcase top female 'r+tkt• talent, but also to help mentor and encourage �-- the next generation of aspiring female pros 2026 is the th y-of the series w HER FESTIVAL ELEMENTS Fnt�r-t�/nm�nt ctwc rn.,..r,.•,., HATnSnn - • a, �. + ...�W -� C 1 it fi ia' I C -• '�--- `� V E . Live Concerts ance & Zumba Classes Female DJ Competitions 4,plo� EGION L.EGIG + r � a MAW v T... Fitness & Health Classes Speakers & Panel Discussions Female Esports MEN FESTIVAL ELEMENTS E-ntEr-to/nmEnt h 1 r CURTYA..»,. LT 4 Festival Village Female Beach Volleybal WSL Pro Surfing 1 - ohs AV , h�^J. f Female Skateboarding Female Beach Soccer oga ei Hess FESTIVAL ELEMENTS EntE�tainmEnt n Ile Cheerleading Competitions Female Inline Skating Women's Lacrosse ., �..._. �-,,""'"�"�' I eta •" P h � e t �• t V '!1h a '.. - • SURFRIDER � 44 of •r _ Men ors ip Programs Female Art Exhibitions Flag Football Tournaments HOSTING BENEFITS • Average of 402 hours of TV coverage across 28 broadcast partners • Average annual media value of $3.72 million for Host Venues, including more than 900 x :30 second Virginia Beach TV commercials • 16 hours of live webcasts with average of 188K viewers • Average of 165 million social media impressions and 5.2 million engagements • Large VB branding on-site, on athlete jerseys and in TV features / coverage • 14,000+ visitors expected from more than 100 miles away • Hundreds of athletes, influencers, artists, musicians and instructors visiting VB • World-class musicians like Joan Jett, CeeLo Green, Natasha Bedingfield , etc. AF70,07 HOSTING BENEFITS • Super Girl events have proven to draw crowds and generate economic impact The event is a fun and interactive family activity that people throughout the region will enjoy tremendously and want to attend • The City's travel and tourism industries will get a surge of favorable publicity, "buzz" and added visitors, both during and following the event • Completely unique, purpose-driven festival that celebrates women from a variety of industries • Provides the city with a reputation for being "cool " and cutting edge and creates an affinity from Millennial and Gen-Z consumers • Virginia Beach receives an incredibly positive association from the women's empowerment messaging that is so important in today's climate 05H VB MARKETING BENEFITS • Huge exposure in all television broadcasts and live webcasts • TV features showing Virginia Beach's most visible attractions • VB branding around the site and in the TV / digital / social coverage • Access to highly-compelling content for the City's advertising and social / digital media • ASA will work with VB to develop packages for out-of-town visitors to attend the event • Heavy PR exposure in media covering the event • Dedicated website and regional marketing campaign to drive awareness and attendance to Virginia Beach (www.supergirlvb.com) 2024 OCEANSIDE METRICS 77K live attendance 3 event days ©© 221 M social impressions 6.7 M engagements $562K of regional marketing ® 188K live stream viewers 16 webcast hours 185M PR impressions 648 media sources 5.46M TV viewers 432 program hours f1S/q MEDIA PARTNERS AIV SPORTS ROOT M,�Itudl PORTS NBC RQ SPACfCITYYE SPORTS NETWORK SPORTS tW1tCh f q iHeart �� RAD10 SURF Yo uTubeTODAYRK �c�c�1 W //. '� AvA CAUSE PARTNERS �nt�r-to/nmEnt BOARDING FOR BREAST CANCER J �p SURFRIDER Ki FOUNDATION YOUR i M �i• r 1 HER ATTENDEE DEMOS Gender Income Age PAP 9 Is 6` 0/00000000/ Male ■ Female $0-$19,999 ■ $20,000-$39,999 6-17 yo 18-34 yo $40,000-$59,999 ■ $60,000-$79,999 w 35-54 yo Other $80,000-$99,999 ■ $100,000+ SUPER GIRL ATTENDEES WHO IS A SUPER GIRL? The term Super Girl has long been a y� universal symbol for female strength and empowerment. Super Girls of todayare confident independent, � active, socially aware , and have a passion for community and charity. This series celebrates the new breed of `Super Girl ' that doesn't take a back seat to any man in her chosen pursuit, while being fun , creative, unique, expressive and unabashedly A Nk fearless. , I w , 6WRF t � PRO I LOT VAT 11 1 a R , S n, x r It AW : p S y " � 1- NISSAN zon a t 4 AL, u. aka. ' •`• s• ♦� 1 x 'yM +�w, � ":, 1,,�•.' , � ;� , ,, %. "��-_dam•=, '10.9R- 4 � ti r • a L ns. 00 n ' Val 1 f - y — n+` S l-AI � 4 :- Ago 00 - A7. • tom•,11 A Ah -fY ` �.. ,'. 10 r ' \ Y sCE � \ ASP i: - '� r,+•� ._.1. -� Its �- 1 � /� .. + t. • Iv r to - Off 77:i a , 4—J 4� ♦ Yry LM wFitANM�� t p�� F:SiJS OL3 r _ A 4161 OpJo t •, F - ly 1 Yfl t y' ..i:.. .. �.. f..- v y�yY CELSiU:} i . 1 v„ THANKSFOR PART OF THE GIRL MOVEMENT ! SUPER M { { £ : 3 � g dY �F O O � 6 O `F O O.; ill,al, r 00 �� t O + O WHddWW►l.i�.. dEldUtidWWtitiV,1� r r i r.�.r...►s... r r ■■■ errrrr� M►k►k '# .W r r 4►► e yrr►Wrr . IIII 3 CITY MANA GER'S BRIEFINGS 2025 RESIDENT SURVEYRESULTS ITEM#77333 I2:57 P.M. Mayor Dyer welcomed Jason Morado, Director of Community Research —ETC Institute. Mr. Morado expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr.Morado for the presentation. July 8, 2025 2025 Community Survey City of Virginia Beach , Virginia ETC Institute is a National Leader in Market Research for local Governmental Organizations For more than 40 years, our mission has been to help city and county governments gather and use survey data to enhance organizational performance. 0 A6LrA T E } More Than 3,000,000 Person's Surveyed Since 2015 for More Than 1,000 Communities in 49 States --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Aid" f 00 Purpose • To objectively assess resident satisfaction with the delivery of major City services • To help determine priorities for the community • To measure trends from the previous survey • To compare the City's performance with other communities regionally and nationally ''I'll, Methodology • Survey Description o Seven-page survey; takes approximately 15-20 minutes to complete • 2nd Community Survey conducted • Method of Administration o By mail and online to randomly selected sample of City residents • Sample Size o Goal: 1,000 completed surveys o Actual: 1,206 completed surveys (over 100 per City Council District) • Margin of Error 0 +/- 2.8% at the 95% level of confidence Location of Survey Respondents • Good representation throughout the City �; ►� ' x�" • Demographics of survey respondents reflects the actual population of the City 6 ---M--- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- • Residents Have a Very Positive Perception of the City of Virginia Beach o Over 80% Rated Virginia Beach as an Excellent or Good Place to Live and Raise Children • Satisfaction with City Services Is Much Higher in Virginia Beach Than Other Communities o Virginia Beach Rates Above the U.S. Average in 41 of 50 Areas o Satisfaction with the Overall Quality of City Services Is 26% Above the U.S. Average o Satisfaction with Customer Service from City Employees Is 33% Above the U.S. Average -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- • Top Overall Priorities: o Affordable Housing o Public Safety o Stormwater Management and Flood Control o Opportunities for Residents to Participate in City Policy Development and Decision Making o Managing Growth o Condition of Major Streets o Enforcing Junk and Debris Cleanup on Private Property Topic #1 Residents Have a Very Positive Perception of Virginia Beach Q1. Ratings of Quality of Life in Virginia Beach by percentage of respondents who rated the item as a 1 to 5 on a 5-point scale(excluding "don't know") Quality of life in Virginia Beach 63% 8% 39 ' . Rated the Services as Excellent Image of Virginia Beach 61% 16% 7% or • • • Only 8% B. • Average/Poor Overall quality of services provided 56% 17% 8% Quality of public schools in Virginia Beach 49% 22% 7% Value received for City tax dollars &fees 39% 30% 22% 0% 20% 40% 60% 80% 100% M Excellent(5) Good (4) Neutral (3) Below Average/Poor (2/1) Nearly 1' . of • • • ' • the Overall Quality of Beach or • • • 10 Q2. Perceptions of Virginia Beach by percentage of respondents who rated the item as a 1 to 5 on a 5-point scale(excluding "don't know") As a place to live 53% 9% 5 As a place to raise children '• 50 12% a As a place you would recommend family and friends to visit ML As a place I feel welcome 17% 6% As a place you would recommend your business 44% 21% 9% associates to host a meeting or event As a place to retire 39% 19% 16% As a place for young professionals '• 39% 31% 17% As a place to start a business 35% 37% 15% 0% 20% 40% 60% 80% 100% MExcellent (5) Good (4) Neutral (3) Below Average/Poor (2,1) Q9. Feeling of Safety in the Following Situations by percentage of respondents who rated the item as a 1 to 5 on a 5-point scale(excluding"don't know") In your neighborhood during the day :'. 43% 7% 2 In City recreation centers 15% 3x AM,. In Virginia Beach overall 60% 14% 5% In your neighborhood at night 46%Aft. 18% 8% In City parks 57% 21% 6% In retail areas 53% 25% 8% 0% 20% 40% 60% 80% 100% MVery Safe(5) Safe (4) Neutral (3) Unsafe (2/1) Residents Feel Safe in VirginiaBeach 12 Topic #2 Residents in All Areas of Virginia Beach Are Satisfied with the Overall Quality of City Services Overall Quality of City Services '►ar► ALL Areas Are in Blue, Indicating That Residents in All Parts of Virginia Beach Are Satisfied with the Overall Quality of City '� N, Services �, m GoGd Neutral Poor t 14 Virginia Beach as a Place to Live ALL Areas Are in Blue, Indicating �A That Residents in All Parts of the City Are Satisfied with Virginia Beach as a Place to LiveExcellent k Good Neutral BelowAverage Poor No Response 15 Virginia Beach as a Place to Raise Children 4 , ALL Areas Are in Blue, Indicating °a That Residents in All Parts of the City Are Satisfied with Virginia Beach as a Place to Raise Children st Excellent Good Neutral BelDwAverage Poor No Response 16 Topic #3 ' Satisfaction with City Services Is Much Higher in Virginia Beach Than Other Communities Benchmarking Analysis ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Virginia Beach Rates Above the U.S. Average in 41 of 50 Areas Virginia Beach Rates Significantly Higher (more than 3%) in 39 Areas Virginia Beach Rates Above the Regional Average in 36 of 50 Areas Virginia Beach Rates Significantly Higher (more than 3%) in 33 Areas 18 Overall Perceptions of the City Virginia Beach vs. Atlantic Region vs. the U.S. by percentage of respondents who rated the item 4 or 5 on a 5-point scale where 5 was"excellent"and 1 was"poor"(excluding don't knows) Satisfaction the Overoll • • 78% of Overall image of the City 65% Rates ' Above 53d/o the U.S. Average 75% Overall quality of services provided by the City 52% 49% 71%. *Overall quality of public schools 48% 46% 48% Overall value received for City tax dollars&fees 31% 33t 0% 20% 40% 60% 80% 100% M Virginia Beach Atlantic Region U.S. LowerSignificantly Higher Significantly Overall City Ratings Virginia Beach vs. Atlantic Region vs. the U.S. by percentage of respondents who rated the item 4 or 5 on a 5-point scale where 5 was"excellent"and 1 was"poor"(excluding don't knows) Satisfaction • . 87% Place• • Live Rates As a place to live 58% A • • 49% U.S. Average 84% *As a place to raise children 67% 61% 80% Asa place you would recommend 61`Yo family&friends to visit 58% 65% As a place to retire 55'% 52% ' 096 20% 40% 60% 8096 100% M Vlrgln/a Beath M Atlantic Region U.S. Significantly • Significantly • Satisfaction with Utilities & Waste Management Virginia Beach vs. Atlantic Region vs. the U.S. by percentage of respondents who rated the item 4 or 5 on a 5-point scale where 5 was"excellent"and 1 was"poor"(excludina don't knows) x7% Residential trash/garbage collection services 68% 74% Residential curbside recycling services 63 5f°iz 73% *Overall quality of sanitary sewer services 56% 53%; 73% Bulky item pick-up/removal services 42% i 47% 69% Overall quality of tap water 60�Yo :59% 68% City waste disposal&recycling centers 40% 45% 67% Residential yard waste/leaf/brush collection services 56% 544 45% i Management of public stormwater runoff/ % drainage/flood control 50% 0% 20% 40% 60% 80% 100% MVirginia Beach MAtiantic Region U.S. Significantly • Significantly • Satisfaction with Public Safety Virginia Beach vs. Atlantic Region vs. the U.S. by percentage of respondents who rated the item 4 or 5 on a 5-point scale where 5 was"excellent"and 1 was"poor"(excluding don't knows) 91% *Overall quality of fire services 74% 85% *Response time for fire services 79% 87% 72% Overall quality of ambulance services/EMS gg 84% 71° 83% Response time for ambulance services/EMS 69% 80% *Overall quality of police services MEN 60% 53%: 66% '*'City's overall efforts to prevent crime 49% 55 65% *Animal control services 49% $8% 65% Response time for police services 56% 70% Efforts to ensure the community is prepared 63% 42% for emergencies/disasters 43% 54% Enforcement of local traffic laws ;60% 50% 0% 20% 40% 60% 80% 100% MVirginia Beach MAtiontic Region U.S. Feeling of Safety Virginia Beach vs. Atlantic Region vs. the U.S. by percentage of respondents who rated the item 4 or 5 on a 5-point scale where 5 was"very safe"and 1 was"very unsafe"(excluding don't knows) 91% In your neighborhood during the day 81% 81% 82% In Virginia Beach overall 71% 66% 7406 In your neighborhood at night 70% i 61% 74% *In City parks 61% 55% 68% In retail areas 67% 64% 0% 20% 40% W% 80% 100% 111111111VkgintaBeach IIIIIIIIAtlanticRegion U.S. ignificantly Higher Satisfaction with Code Enforcement Virginia Beach vs. Atlantic Region vs. the U.S. by percentage of respondents who rated the item 4 or 5 on a 5-point scale where 5 was"excellent"and 1 was "poor"(excluding don't knows) 80% '! Overall appearance of Virginia Beach 64% 55p% 72% Mowing& tree trimming along City streets& 62% other public areas 55% 45% Enforcement of mowing&cutting of weeds on private property 46% 4Y Enforcement of exterior maintenance of 4996 commercial/business property 46% 36% Enforcement of junk&debris cleanup on private property 539E 45% 0% 20% 40% 60% 80% 100% M Virginia Beach Atlantic Region U.S. Significantly • Significantly • Satisfaction with Infrastructure & Transportation Virginia Beach vs. Atlantic Region vs. the U.S. by percentage of respondents who rated the itern 4 or 5 on a 5-point scale where 5 was"excellent"and 1 was"poor" (excluding don't knows) 63% Condition of streets in your neighborhood w. a .:- 51%E 49% 54k Overall condition of major City streets 57% 50% 51% "*Adequacy of lighting on Virginia Beach streets 60% .9% 49% Overall condition of City sidewalks 50% 47% i Accessibility of streets, sidewalks, & buildings 1% 4..: 54� i for people with disabilities 52%i 30% 45% Adequacy of transit services offered 3i7% 0% 20% 40% 60% 80% 100% 0 Virginia Beach Atlantic Region U.S. Significantly • her Significantly Lower Satisfaction with Parks, Recreation, Library, & Managing Growth Virginia Beach vs. Atlantic Region vs. the U.S. by percentage of respondents who rated the item 4 or 5 on a 5-point scale where 5 was"excellent"and 1 was"poor"(excluding don't knows) 88% Overall quality of parks&recreation 49% programs&facilities 49% 88% *Overall quality of Virginia Beach library services 70%? 64% 24% i. How well City of Virginia Beach is managing growth 32% 39% 0% 20% 40% 60% 80% 100% 11111111VJrginia Beach =Atlantic Region U.S. HigherSignificantly Satisfaction with Customer Service & Community Engagement Virginia Beach vs. Atlantic Region vs. the U.S. by percentage of respondents who rated the item 4 or 5 on a 5-point scale where 5 was"excellent"and 1 was"poor"(excluding don't knows) 72% =Customer service received from City employees 36% 39% Satisfaction 54$ Customer *Usefulness of City's website 42% Rates 33% Above 42% National Average 49% Availability of information about local government 50% 46% 48% Effectiveness of communication with the public 48% 37% 31%: Opportunities for resident participation in City 38% policy development&decision making 34% 0% 20% 40% 60% 80% 100% MVlrginta Beach MAtiantic Region U.S. Significantly • Significantly • Topic #4 Trend Analysis Trend Analysis ___________________________________________________________________________________________________________________ __________________________________ ___________________________________________________________________________________________________ • Notable Increases in Satisfaction Since 2022: o Quality of Cultural and Entertainment Venues o Feeling of Safety in Retail Areas o Availability of Parks and Recreation Programs for Children o Feeling of Safety in Your Neighborhood at Night o Stormwater Management/Flood Control on Neighborhood Streets • Notable Decreases in Satisfaction Since 2022: o Efforts to Protect Natural Resources and the Environment o Access to Job Opportunities That Match Your Skills o Confidence in City's Ability to Meet Basic Needs During & After a Natural or Man-Made Disaster o How Well the City Is Managing Growth 0 Variety of Housing Options in the City Topic #5 Top Priorities ' Importance-Satisfaction • 2025City of VirginiaBeach Resident - ManagementUtilities and Waste Most Importance- Most Important Satisfaction Satisfaction Satisfaction I-S Rating Category of Service Important % Rank % Rank Rating Rank Very High Priority(IS> .20) Stormwater management&flood control on neighborhood streets 44% 3 38% 15 0.2702 1 Management of public stormwater runoff/drainage/flood control 45% 2 45% 14 0.2455 2 City's overall effort to protect natural resources &environment 50% 1 52% 12 0.2376 3 High Priority_(IS .10-.20) Stormwater management &flood control on major City streets 31% 6 47% 13 0.1657 4 Quality& condition of trees& open space in City 37% 4 59% 11 0.1508 5 Overall quality of tap water 34% 5 69% 8 0.1080 6 Medium Priority(IS<.10) Condition & maintenance of Virginia Beach beaches 29% 7 77% 2 0.0665 7 Confidence& trust that tap water is safe 21% 8 70% 7 0.0632 8 Residential yard waste/leaf/brush collection services 10% 10 67% 10 0.0338 9 Overall quality of sanitary sewer services 11% 9 73% 5 0.0303 10 Utilities • Waste Management Priorities 31 • • rtance-Satisf action Rating 2025 City ofVirginiaBeachResident Survey Development Services Most Importance- Most Important Satisfaction Satisfaction Satisfaction I-S Rating Category of Service Important% Rank % Rank Rating Rank Very High Priority(IS> .20) Affordability of housing options in City 60% 1 16% 10 0.5030 1 How well City of Virginia Beach is managing growth 50% 2 24% 9 0.3802 2 Overall quality of new development in Virginia Beach 33% 3 30% 8 0.2331 3 Variety of housing options in City 33% 4 32% 7 0,2234 4 High Priority(IS .10,20) City's use of economic development incentives to support 29% 6 34% 5 0.1875 5 economic opportunity for residents Your familiarity with the City's plans for development& growth 23% 7 33% 6 0.1538 6 City's efforts to attract new business& tourism 29% 5 55% 1 0.1297 7 City's efforts to assist small,women,& minority-owned businesses 21% 8 40% 3 0.1250 8 Access to job training programs 20% 9 39% 4 0.1236 9 Medium Priority(IS<.10) Access to job opportunities that match your skills 18% 10 54% 2 0.0843 10 Development Priorities • • rtance-Satisf action Rating 2025 City of Residenti • - -Pu Most Importance- Most Important Satisfaction Satisfaction Satisfaction I-S Rating Category of Service Important% Rank % Rank Rating Rank High Priority (IS .10-.20) Confidence in City of Virginia Beach's ability to meet basic needs 42% 1 55% 16 0.1880 1 during and immediately after a natural or man-made disaster City's overall efforts to prevent crime 41% 2 66% 8 0.1412 2 Efforts to ensure community is prepared for emergencies/disasters 34% 3 63% 12 0.1262 3 Emergency management during a natural or man-made disaster 31% 4 62% 14 0.1186 4 Enforcement of local traffic laws 23% 7 54% 17 0.1070 5 Medium Priority_(15<.10) Police efforts to collaborate with the public to address concerns 24% 6 62% 13 0.0917 6 Overall police relationship with the community 23% 8 74% 7 0.0593 7 Overall quality of police services 29% 5 80% 5 0.0584 8 Response time for police services 13% 10 65% 11 0.0476 9 Your familiarity with Fire Department services 10% 13 56% 15 0.0456 10 Public • Importance-Satisfaction • 2025 City ofVirginiaBeach • Survey Infrastructure • Transportation Most Importance- Most Important Satisfaction Satisfaction Satisfaction I-S Rating Category of Service Important% Rank % Rank Rating Rank Very High Priority(IS > .20) Overall condition of major City streets 51% 1 54% 3 0.2330 1 High Priority(IS .10-.20) Adequacy of transit services offered 27% 4 30% 9 0.1899 2 Availability of sidewalks in Virginia Beach 29% 3 41% 8 0.1711 3 Adequacy of lighting on Virginia Beach streets 33% 2 51% 4 0.1583 4 Accessibility of streets, sidewalks, & buildings for people w/disabilities 26% 6 41% 7 0.1499 5 Overall condition of City sidewalks 22% 7 49% 6 0.1107 6 Medium Priority(IS<.10) Condition of streets in your neighborhood 27% 5 63% 1 0,0992 7 Condition of sidewalks in your neighborhood 17% 9 49% 5 0.0875 8 Ability to predict travel time to places in Virginia Beach 20% 8 59% 2 0.0840 9 Infrastructure • Transportation Priorities • • actionRating 2025 City ofVirginiaBeach ! " • • Enforcement Most Importance- Most Important Satisfaction Satisfaction Satisfaction 1-S Rating Category of Service Important% Rank % Rank Rating Rank Very High Priority(IS> .20) Enforcement of junk& debris cleanup on private property 48% 1 36% 9 0.3050 1 High Priority(IS .10-.20) Enforcing exterior maintenance of commercial/business property 33% 4 43% 7 0.1882 2 Enforcing mowing&cutting of weeds on private property 30% 5 45% 6 0.1631 3 City services regarding regulation of Short-Term Rentals in your neighborhood 21% 6 41% 8 0.1233 4 Medium Priority(IS<.10) Mowing&tree trimming along City streets &other public areas 33% 3 72% 5 0.0937 5 Overall appearance of Virginia Beach 44% 2 80% 4 0.0893 6 Quality& condition of housing in your neighborhood 15% 7 82% 1 0.0274 7 Overall appearance of your neighborhood 13% 8 82% 2 0.0246 8 Your sense of attachment to,& pride in,your neighborhood &community 12% 9 81% 3 0.0228 9 • • ' Enforcement Priorities I ' Importance-Satisfaction Ra • :2025 City of Resident• - - and Community EngagementServices Most Importance- Most Important Satisfaction Satisfaction Satisfaction I-S Rating Category of Service Important% Rank % Rank Rating Rank Very High Priority(IS> .20) Opportunities for resident participation in City policy development 44% 1 31% 11 0.3066 1 & decision making Effectiveness of City communication with the public 41% 2 48% 8 0.2122 2 Your knowledge on how to engage& provide input to elected official! 35% 4 40% 10 0.2102 3 High Priority(IS .10-.20) Availability of info about local government services& activities 37% 3 49% 7 0.1885 4 Available options for communicating with &getting info from the City 27% 5 46% 9 0.1463 5 Usefulness of City's website 23% 8 54% 6 0.1051 6 How easy City government is to contact 25% 7 58% 5 0.1050 7 Medium Priority(IS<.10) Overall quality of customer service received from City employees 26% 6 72% 1 0.0741 8 How easy it is to make a service request 21% 9 65% 3 0.0724 9 The way you are treated by City employees 15% 10 69% 2 0.0468 10 Customer • Community EngagementPriorities ; Importance-Saton • 2025 City ofVirginiaBeachResident - • • • Human Services Most Importance- Most Important Satisfaction Satisfaction Satisfaction I-S Rating Category of Service Important% Rank % Rank Rating Rank Very High Priority(IS > .20) Overall quality of human services provided by the City(adult 43% 1 48% 9 0.2228 1 services, family services,juvenile services, public assistance) Medium Priority(IS<.101 Availability of trails& pathways 31% 4 73% 7 0.0832 2 Horticulture&Agriculture 22% 5 67% 8 0.0719 3 Overall quality of parks& recreation programs&facilities 36% 2 88% 1 0.0433 4 Physical condition of City parks, trails or other outdoor facilities 32% 3 87% 4 0.0415 S Virginia Beach Library as a community resource for helping 18% 6 78% 6 0.0393 6 children 0-8 years of age learn to read Virginia Beach Library as a resource for access to digital resources 14% 9 82% 5 0.0256 7 & online materials Overall quality of Virginia Beach Library services 18% 7 88% 2 0.0211 8 Physical condition of City indoor recreation facilities 17% 8 88% 3 0.0205 9 Parks, Recreation, • • Human Services Priorities Q25. Most Significant Issues That Residents Think Virginia Beach Will Face Over the Next Three Years by percentage of respondents who selected the item as one of their top three choices Affordability of City services/taxes/fees 62% Housing affordability 52% Public safety/crime 41% Flood protection '' 33%i Homelessness Z8% Pace of growth 2449 Environmental protection 18% Job opportunities&business recruitment 16% Social justice/equity/inclusivity 11% 0% 10% 20% 30% 40% 50% 60% 70% 0 1st Choice M 2nd Choice 3rd Choice -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- • Residents Have a Very Positive Perception of the City of Virginia Beach o Over 80% Rated Virginia Beach as an Excellent or Good Place to live and Raise Children • Satisfaction with City Services Is Much Higher in Virginia Beach Than Other Communities o Virginia Beach Rates Above the U.S. Average in 41 of 50 Areas o Satisfaction with the Overall Quality of City Services Is 26% Above the U.S. Average o Satisfaction with Customer Service from City Employees Is 33% Above the U.S. Average Top Overall Priorities: o Affordable Housing o Public Safety o Stormwater Management and Flood Control o Opportunities for Residents to Participate in City Policy Development and Decision Making o Managing Growth o Condition of Major Streets o Enforcing Junk and Debris Cleanup on Private Property Questions ? I�i Thank You ! ! 4 CITY MANA GER'S BRIEFINGS FOCUSED ACTION PLAN REFRESH PROCESS ITEM#77334 1:35 P.M. Mayor Dyer welcomed Thepiolus Aspiras, Director — Office of Performance and Accountability. Mr. Aspiras expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr.Aspiras for the presentation. July 8, 2025 Focused Plan Refresh July 8, 2025 Phil Aspiras, PhD Performance & Accountability Director Performance$ Accountability Virginia Beach FY24-25 Focused Action Plan FOCUSED Translates City vision and goals into an actionable strategy ACTION PLAN • Aligns operations, work, and resources for greater impact 1 - 1 • Organized around three key focus areas: • Govern — Policy and resource management • Envision — Sustainable growth and planning Invigorate — Community well-being and livability � Informed by: • City Council leadership Community feedback from surveys and engagement Staff input and collaboration s I r� { 1, Plan Development Questions • What must we achieve? Why must we achieve . • Where must we focus our efforts to get the ., desired results? . . • How will we know if we are successful? How will,. we convince others? • Did we achieve our objectives? If not, what do need to improve? � �a • If you don't measure results, you can't tell success from failure'. FY25 MIDYEAR REPORT If you cant recognize failure, you can't correct it. • If you can't see success, you can't learn -� from it. 'Reinventing Government by David Osborne and Ted Gaebler Focused Action Plan — Development Sequence Structure Proposed Development Sequence • Key Focus Areas • Objectives — statement of what you want to • Objectives achieve • Initiatives • Measures — how progress/success will be defined • Measures • Initiatives — tactics for how to achieve • Key Focus Areas — broad groupings for organizing and communicating content Robust informed discussion that leads to actionable straightforward narrative ......................................................... Informed by: Council with facilitator: • Community 1. For the next 24 months, ; • Resident survey where do you want to see • Ongoing constituent engagement progress/emphasis placed? • Environment 2. What does progress/ success • Current Plans, Projects ? 1 look like for this . • FY24-25 Focused Action Plan ......................................................... Proposed 24-Month Focused Action Plan Development Timeline Now - August Council Prework August 26 Focused Action Plan Refresh Retreat August 27 Department leadership workshop September 1— September 15 Community feedback October 15 Staff provides draft Plan elements to Council for review and feedback October 28 Council discussion during work session November 12 Staff provides updated final draft to Council November 25 Council affirms 24-Month Focused Action Plan Jan/Feb 2026 Mid-Year Progress Report Aug/Sep 2026 Year-End Progress Report 5 CITY MANAGER'S BRIEFINGS ITA MASTER PLAN UPDATE ITEM#77335 1:54 P.M. Mayor Dyer welcomed Kathy Warren, Director—Planning. Mrs. Warren expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mrs. Warren for the presentation. July 8, 2025 n . p S. ti t 7: 1: Interfacility Traffic Area ( ITA Kathy Warren, Director of Planning and Community Development City Council Briefing — July 8, 2025 CITY OF VIRGINIA ,.�,,� BEACH Presentation Overview • History of the ITA • ITA and the AICUZ • ITA and Vicinity Master Plan 2010 and 2017 Update • Background/Existing Conditions and Future Proposals for Development • Sports Tourism • Innovation Park • LETA • Road Network • Discussion and Direction from City Council z uB CityOptionsCounciI to Consider Options to Consider: City Council can add this to the agenda for further discussion at upcoming retreat • Discuss potential funding strategies for infrastructure to support future development City Council may provide direction to move forward with some or all of the development proposals which may include: • An update of the 2017 ITA and Vicinity Plan to include public engagement and Planning Commission/City Council process • Modification of the roadway network to support development proposals • A fiscal impact study for the proposed projects to determine return on investment (R01) 3 VB 1 'Norfolk t 7r• " �+ } vi NAS I Beach Oceana 3 ,y TA t NALF Fentress, r' +' Chesapeake 'ti. i� f. fX y a Park Sportx Complex Vi,&.a beach - National _ 1 i �. 3 Municipal Center Farm ` Sherwand .; ..- Lakex a - ... Vanguard • Canding, - Heritage � 1 e....�. _... Park Ashville park areardaman .._. .n farts • The 1 \ ... _..:'. j signature Innovation Transition Park Area Parcels Interfacitity n n sa n 7s t 5 2a, �` '' VIRGINIA City �Tratfic Area - __ ��- -- _ NAP. BEACH Property 4W Green line Blue line n « , ,swawawa�sJYt�L+acr�av u4..li.6 y+ a � a< k� IN W Y-_ F"W 1 , naWAej qj } � � 'g,$ . uewauua.g puma 1 T�� _ sr, wJej > ifs t -10an , Mx nxf a yy r .` Ja3Ua� edl Jlun — ,�,...... , d, vl-7 71, r i ,a v 1/' leuoyery ?� + . ..��v+M, 3,E�Cv�%•��r �_ , � ,��' � � "'.ez.^ >ea elulBJl r 4 �`', '- �,">�>7.� 1-Tv ,�,a. :t�- �,\ .�' i� ,per T:�� /�f y�•"Y(t.. >wuls orwarl �'-�-.n - -• YaldwoDp slJooS NJed T 1 uoyenouuI m .. bu a r o ^y ry History of the Interfacility Traffic Area ( ITA) • Located in District 2, approximately 4,400 acres • Residential density capped at 1/15 acres • ITA Overlay Zoning District created in 2005 (BRAG Initiative) • Area between Naval Air Station Oceana (NAS Oceana) and Naval Auxiliary Landing Field Fentress ( NALF Fentress) • Created to manage land use in the region, ensuring compatibility with frequent overflights of military aircraft • ITA and Vicinity Master Plan formally adopted by City Council in 2011 (Urban Design Associates) ve ,r/� ✓ ' Ake rle . Area f�i f R k 0 ITA Master Plan — ( Urban Design Assoc . • In 2010, the City of Virginia Beach engaged Urban Design Associates (UDA) to develop a plan for the ITA and vicinity. • The ITA and Vicinity Master Plan was adopted by City Council in 2011. • The ITA Plan was updated in 2017 to reflect the large quantity of land acquired by the City. • ITA Plan was updated through its own separate public process and then included by reference to the 2016 Comprehensive Plan. 9 VB Executive Summary: \-wrwr+c.mc wnNmc,f«tlr upd.u.i r°u,uf the Am. a. s� .--'�'". �•c,h N,J Pnn<,a,\ntw C<.mrD�m.11TN1':\C I arc r.un,enw,ker3.gnr„•nL anti- i�'-� � - °• Interfacilitv Traffic Area < 1-1 reran h,tl,r pnwgirxn r,I gmality noun'.,&rr,s ,andaonarva- Princess Anne Commons /pubad,•-.w 1foulSOT,thecu,,he "Ill dlivaddvalor. Ye µ atr o.w a,nenww>fiw Ihr puldn,and prnlnl agreul1-1 and nmv,rtant re,annr,.-Ilw IT.•VPAC will n,l onla•bail Ivub hnc,m,mn. ' ♦�{ Jasrl,mnrnt acnrerrd-Vund hio•rnedkal rran I ,J edu,aum,fart it �[ 11 A ,br the prim h.atk.fur-,h-and paa,rwm,x and prr>et- MINCESS ANNE COMMONS MASTSR PLAN DESIGN PRINCIILFS� ,a[nr m,N an exumu,Y area a.f lundaul. s r Nrw Irdrxat—h—will pnwiJe.afrtr tmpr,nYmrnr+add acres 1n the / N,•^a^^v.� , IMPRA tM V CTV R[ P, .Bud an extms,ve End open soace ano red network IT.VI'.\C.Itua d.will Iw rxtrrakd h,araK a h>}nl lun.ork wf rcna b, 1 ' Expand The road mfr"tfUCILle to imorore•^oodav x hnpvve safety of ea sting•dad^etwo�xs m a way ra!x conuatent rne+v we — S 1 w,te co^te„t!c ara;ter vidr an mlrmuu,r,teJ„•,rem k ped.ur.-and—tim,-71N plan..44, 1 .Protect stree^s and welerr.ays a.awful balanc nt pnw h.K ar,r,>.Wink'till rmlr.Tl.g thr rmttta•e 1 1 .Improve storm reseiencv the ITA usmg advanced rcchniques to—Sh. capr,.M.11o1r,p1.1 al,,,14-1e on,mnmrnrt nuna[cn,rnr and 0«xl ape sio•^ovate,a^d fl000 ng �.l LAND uS[ aw,ml>,imp wvnyl a cnncal Iunn,m m the.part d Ilw ate• .Pmwt the operation&vah,ldv of ocean and Fe 1,ess the\ta^t.•r plan nktnihr>r,ght ulltnnve urV.,Bach,tVlratsr anuuh- Concemrate commemia•.�st@uhonal.and reavde^Sal 9rgwth amuro ute>nn aoh,n mR thr 11-1.0 vi,am of rawa,tnlc J-1LI—enl,aon,avation. existing developed areas IMunicpal Center and Princess A^n y;, 1 commons) aril agrnuhurxl rbaa,h,reaaeaum and the pun- .,.of gaulitr muni,ipal _'•� Build centers for em cation,researc^ and wellness ,rrrnc,.I umrvr,roll In•caphra•d m Rrutet&nail in the bit.p„nun of s Cmntmue t*e«eddbn of productive 9 fermin a^d foc„s on advana^g i /lu.ak,a unrcnt. a the VISO;TY Of sma:-scale fla-5 .Enhance sports tourism with passive inx—oon areas and addt,oral I Fliumr Prmcr>,An—Cram aChve snorts Ta Mies _ Al=k I rd Crntet .Create a m^.saidaud we.for a Mun.cipa Services FAC Tv l BI,,Te.h Pak .Censder a vNre,v Ot low n DaC!devefopment models that are en., -. runt&-v—a 4 Sprwt>Centrr .Peserve and enhance the^tl"'C,CUI:U•al,rural,and natural.*`la9e N of the area + 1'rerrvah,m anJ 1'a>,n,ltr,rearnnn _ J GwMunispal Sera+,r:Fx nhne> AS Ali:,A MA-1,nr, a. Nawlh Laudn,g lark INTERFACILITY TRAFFIC AREA AND VICINITY MASTER PLAN: YIRGINIA ■SALT),VIRGINIA OCTOBER 4017 ,.,.t -Na «'i•:. T 11 1 INTRODUCTION 1 Sports Tourism Sports Tourism Complex Existing Conditions • Princess Anne Athletic Complex • 8 Softball Fields • 8 Multipurpose Rectangular Fields (4 synthetic turf/4 natural turf) • Virginia Beach Sportsplex • Stadium venue with synthetic turf rectangular field • 2 additional synthetic turf rectangular fields (in design) • Field Hockey Facility • 2 Astroturf field hockey pitches • Virginia Beach Field House • Indoor sports facility for basketball, volleyball, soccer, etc. • P&R Administration Building • Offices for 110 P&R staff 12 VB CHAMPIONSHIP • Tourism Sp 18 HOLE CHAMPIONSHIP DISC GOLF PICKLEBALL FACILITY COURSE G UPGRADED It P SYNTHETIC � CHAMPIONSHIP FIELDS T1 DvTD00R COURTS Proposal i COYERED COURTS BMX TRACK/TRAILS CLUBHOUSE AND • • &PUMP TRACK z / CN4MPIDNSH+P COURTS BASEBALL/ SOFTBALL w Ya FIELDS i F� It P CHAMPIONSHIP Baseball BASEBALL FACILITY 'aP Pickl _ • • NATURE TRAILS ''Disc T � Golf . �" { COLLEGIATE LEVEL Track PHASE i -' CROSS COUNTRY . SK PRACTICE CROSS ~--�� COURSES(1K-1DK) COUNTRY COURSE •ture Trails ENTRANCE FOR TRAILS if Cross Country Course Bike Trails Wildlife Observation 4 KAYAK LAUNCH $161M Estimated Cost for total l MOUNTAIN BIKE City ---� -'~r AND NATURE buildout Council . decide to ''f TRAILS pursue various components of proposal for • • cost -� WILDLIFE OBSERVATION AREAS Innovation Park 4r �r,� � ^.vt' i.7+ • �+"�'C"�' �°� ''° jjQj6fto a,.+ram' aim t ;F,�: � e ' E w� 14B Innovation Park Background • 150 acres conveyed to VBDA in 2016 to promote expansion of the biomedical and healthcare industry • First infrastructure funded in the FY 2017-2018 CIP as VA BEACH BIO • The purpose was to provide funding for infrastructure for the newly branded biomedical park to support STEM business and innovation 3 opportunities. • In FY 2021-2022 CIP, renamed to VA Beach Innovation Park and additional Infrastructure Phase II funding provided • Economic Development strategy pivot from biomedical to advanced manufacturing that would create new tax revenues to the City and create and retain jobs 15 uj A. PRINCESS ANNE RD d , R z VBDA� 31 VBD I IQ t5.8 ACRES o F— G(375DEV) VBDA/ a x I 117.1 ACRES -�' BDA TouRNAhgE R (113.7 DE'V) ?A 8 ACRES ACOUST AL SHEETM TAL ArI 40 AC PUMP STATION VB _ VB NATIONAL FlELOHOU5E GOLF CLUB Lu iJ �� Q 250 SQO 7.�0 MULTI-PURPOSE TRAIL FEET `�`-�_ �� 3 INNOVATION PARKVB 0 SPORTSPLEX MASTER DEVELOPMENT PLAN •JULY 1.2025 virginia beach LEGEND INNOVATION PARK LIMITS EXISTING STORMWATER POND og EXISTING BUILDING :FUTURE STORMWATER POND p k AVAILABLE PROPERTY WETLANDS!PRESERVATION AREA 4 v" ZONED 1-1) PROPERTY ENCUNIBF?ED Innovation Park Existing Conditions • Princess Anne Road and Hudome Way • 150 Acres, 11 Zoning • 10.6 Acres remaining for 11 development • Acoustical Sheet Metal Phases I and II • $22,368,000 invested in infrastructure to date (Hudome Way, multipurpose trail, (3) stormwater facilities, a pump station, utilities, and a traffic signal) • Future businesses: AGI, Phase III of Acoustical Sheet Metal • Jobs to Date = 380 • Direct revenue to the City 2022 to Date = $1,275,091, including: • Real estate taxes • Personal property taxes • Business license taxes • Sales tax 17 V6 ''. "WF rrrs,rw,�„,e ,�1 a •rur, VBDA s Innovation Park Expansion Proposal 25-year master , •buffers between adjacent uses �. \ Storm ponds & wetlands are used as Poor soils accommodated large * q areas o stormwater qYltON'.MiY 'n Cati . { \ y a ,E• • Remaining Innovation Park Phase 1 10± �r � � . . = �!*�i � Proposed Passive Recreation Area 25+ � ��ti 4- �....," r; Proposed Innovation Park Phase 2 68± � - �t\ T •'° _ r - .-� Proposed Innovation Park Phase 3 &City Uses 298± � ar• �� Potential Preservation Area 100± ��' ` �� Potential Phase 2 and 3 Wetlands 55± !, � `�� Phase 2 and 3 Stormwater Facilities 163± � � � �'" c rr.. 1 { aeoss•cRu ° � .�� .. c 0 , GR SS•L [5 {s' {i, ,•R`'�R� rkfi� •+' { r '1^ { s Law Enforcement Training Academy ( EFTA) 19 ve LETA Background and Existing Conditions • Located on Birdneck Road • City Police (VBPD) and Sheriffs (VBSO) have utilized the old Seatack Elementary School for training purposes since 2000. • LETA is one of three sites utilized (Creeds Training Facility & Xe in Moyock, NC) for the training of these officers. ;. • The LETA facility is relatively unchanged since its utilization as an elementary school and is currently being leased to the City by VB Schools. • Condition of current facility cannot support LETA operations for another 3-5 years without major capital investment to include ADA Compliance, new HVAC, and technology upgrades. • City Council gave direction to staff to explore the ITA for future LETA location at the March 11th, 2025 meeting. 20 V6 LETA Proposal • Existing site of the LETA facility was utilized for this study • Public Works considered alternative locations including Area 6 of the ITA. This area has been designated for city municipal services. • $82.6M estimate did not include site development costs for this location and is for construction only • Approximately 10 acres f o 21 lid Road Networks 22 vs • � � - fir �; P i4,r - .. .. Pv AP w � h ■ram.-•�'r ��♦ dy��'�4--� I f , . / • • 4C, �♦ ,.�•�, AF��.��.,� �:i.I `w 5�Y� \ JAlpYIIii r fir' + � -•'`},. I� a ��-.,,, y I I ,��• �� t�.. r�� t / •• �- L� � r�, I 1 I I `� •tom ..r .r♦ - � rM a low - 4 r. , I • V r, ,` -"yam` 4 4=}� � •1. v Rr 4 c - 1 � • . • � s,, ,.. �•�� : � rs ..,mow.._ .._ • • 4 '4 4Yy � X^♦ •� v 4 `.•' . ��' __-- [�i— �,ram,'= 3 r y I . eft/" • .�.."'�„``�= •T r J� r �•� 'f4.' yr�.��`_ r ,'�! �t/ , "^"`00. ��y�.t�� 4 III✓✓/fff::: ~=""^222 ��t r - Y „- , 4, 4 4: • �iI "w � ti a.w+ 1 Y � t }f Tt L � R gA 8z �a vwr e. .a •.• .... SuOW �dwo auub , 3uiid i City Council Direction Request Options to Consider: City Council can add this to the agenda for further discussion at upcoming retreat • Discuss potential funding strategies for infrastructure to support future development City Council may provide direction to move forward with some or all of the development proposals which may include: • An update 2017 ITA and Vicinity Plan to include public engagement and Planning Commission/City Council process • Modification of the roadway network to support development proposals • A fiscal impact study for the proposed projects to determine ROI 29 VB 6 CITY COUNCIL DISCUSSION/INITIATIVES I COMMENTS ITEM#77336 2:48 P.M. Council Member Henley asked Mayor Dyer if she could share today presentation on the ITA Master Plan Update during her District 2 meeting. Mayor Dyer advised the presentation was presented today to the public and expressed his support for all public engagement. July 8, 2025 7 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#77337 (Continued) Council Member Remick advised on Friday he visited the Convention Center and 2nd Police Precinct as they were preparing to work at the Oceanfront for the 41" of July fireworks display, where over 100,000 people were gathered. Council Member Remick shared he also had a chance to visit with citizens who were serving the 2nd Precinct Officers with food they donated. Council Member Remick expressed his appreciation to Chief Neudigate and his Police Off cers for their support and another successful event. Mayor Dyer advised he was at a restaurant in District 4 and received several compliments from his waiter on the fireworks display at Mount Trashmore, and believes it is a jewel in District 3. July 8, 2025 8 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77338 (Continued) Council Member Jackson-Green advised last Saturday he went to City View Park for the unveiling of a sculpture of a gecko and lily pad and expressed his appreciation to Michael Kirschman, Director—Parks and Recreation,for his work over the past three(3)years to have the creative masterpieces on display. Council Member Jackson-Green advised he wanted to highlight the Parks After Dark Program on its first year in both Districts 7 and 10 and expressed his appreciation to Director Kirschman and his stafffrom the Parks and Recreation Department as well as staff from Communications, Police and the Sheriff Departments for all of their support. Council Member Jackson-Green advised it has been great to seethe Police Officers playing basketball with the children despite the hot temperatures. Council Member Jackson-Green went on to share how meaningful it has been to meet families who just moved to College Park and have been so impressed with the City for providing the Parks After Dark Program in their neighborhood. July 8, 2025 9 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77339 (Continued) Council Member Ross-Hammond advised she had family visit from out of state over the 4`h of July weekend and expressed her pride in seeing so many people having a good time enjoying the events held throughout the City. Council Member Ross-Hammond added, it was also great to see people lined up to eat at the Milk and Honey Restaurant which just opened in Town Center. July 8, 2025 10 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77340 (Continued) Council Member Berlucchi advised he was at Mount Trashmore for the 4`"of July, and it was very crowded with people all around the park, and along roads to the park, to watch the fireworks and expressed his sincere appreciation to all of the staff from Parks and Recreation Department and Public Safety professionals who did an amazing job directing people and helping them cross the busy roads. Council Member Berlucchi advised it was like a symphony of humanity and public safety professionalism and believes it is not unremarkable that such a large event did not have any major incidents,further expressing his appreciation to the citizens who came together with their families. Council Member Berlucchi added on July 3r he had an opportunity to ride with Jim Henderson who is a volunteer with EMS and expressed his appreciation to the whole EMS team for all that they do. July 8, 2025 11 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#77341 (Continued) Council Member Hutcheson advised on July 2"d he attended the sign dedication ceremony for the late Fire Captain Matthew "Chevy" Chiaverotti at Fire Station #7 in Town Center. Council Member Hutcheson expressed his appreciation to Delegate Michael Feggans who initiated memorial sign and Max Gonano, President of the Virginia Beach Professional Fire and EMS Union,for his work on the process, advising it was a very nice and appreciated ceremony. July 8, 2025 12 AGENDA REVIEW SESSION ITEM#77342 2:58 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES: 1. Ordinance to DECLARE City-owned property at 302 22"d Street to be in the EXCESS of the Citys needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to 21' Street Properties, LLC re the development of the property into a multi-use development project(City Council Request Deferral to August 12,2025) 2. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Phase 1, Sections IB, IC.2, ID and IE Project 3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with Kempsville Borough Boys Baseball, Inc for City-owned property at 952 Reon Drive re add a 37+/-square foot storage area 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property at the Virginia Beach Farmers Market, Suite 516 re Princess Anne County Grill S. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Bass Inlet and into a 5-foot City-owned drainage and utility easement, located at the side and rear of 320 Back Bay Crescent re maintain two (2) existing timber wharves, concrete boat ramp,gravel driveway, construct and maintain a proposed timber wharf addition, and two (2) timber pile aluminum boat lift DISTRICT 2 6. Ordinance to ACCEPT and APPROPRIATE$30,000 from the Virginia Department of Criminal Justice Services to the FY 2025-26 Emergency Medical Services Operating Budget re support first responder wellness 7. Ordinance to APPROPRIATE $3.2 Million from the fund balance of the General Fund and TRANSFER funds as Pay-Go funding to Capital Project #100463, "Virginia Aquarium Rehabilitation and Renewal III"and AUTHORIZE the City Manager to EXECUTE a cost share agreement with the Virginia Aquarium &Marine Science Center Foundation, Inc. re exhibit and facility repairs at the Virginia Aquarium J ORDINANCES: ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO A UGUST 12, 2025 July 8, 2025 13 AGENDA REVIEW SESSION ITEM#77342 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING: 1. HEARTSILLE REYNOLDS / PORTIA MCGRAW/SHARON MCPHERSON/EDWARD THOMAS / RONALD HAYES/ TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH for a Modi acation of Conditions re religious use at a portion of 2641 Princess Anne Road DISTRICT 2 2. KEELINGWOOD APARTMENTS, LLC / KEELINGWOOD APARTMENTS, LLC & SOUTHERN23,LLCfor a Modification o Proffers to a Conditional Change ofZoning re separate the proffers applicable to the original phase development, known as Southern Pine, and the proposed development, known as the Silo at Southern Pine for the parcel directly Northwest of 2641 Princess Anne Road& 2520 Allie Nicole Circle DISTRICT 2 3. FRANKLIN GROUP COMPANIES,LLC/HEARTSILLE REYNOLDS/PORTIA MCGRAW/ SHARON MCPHERSON / EDWARD THOMAS / RONALD HAYES / TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH&SOUTHERIV23 LLC for a Conditional Change of Zoning from A-18 Apartment District and AG-1 &AG-2 Agricultural Districts to Conditional A-18 Apartment District with a Workforce Housing Overlay District re develop and add 24 additional units for a parcel directly Northwest of 2641 Princess Anne Road and a portion of 2641 Princess Anne Road DISTRICT 2 4. VIRGINIA BEACH BEACON BAPTIST CHURCH for a Modification of Conditions to Conditional Use Permit re religious use at 2301 Newstead Drive DISTRICT 5(Deferred from June 17, 2025) 5. CFT NV DEVELOPMENTS,LLC/VIRGINIA BEACH BEACON BAPTIST CHURCH for a Conditional Change ofZoning 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(Deferred from June 17, 2025) 6. STARLING BESS ENERGY,LLCfor a Street Closure re approximately 29,601 square feet of an improved right-of-way known as Windy Willow Court DISTRICT 2 7. STARLING BESS ENERGY,LLC/ARLEENCOHEN/COHENEXEMPTMARITAL TRUST /WINDY WILLOWS FARMS LC for a Conditional Change of Zoning from R-7.5 Residential District to I--1 Light Industrial re property located at 1688 Windy Willow Court,parcel directly Southwest of 1688 Windy Willow Court, and parcel directly East of 1688 Windy Willow Court DISTRICT 2 8. STARLING BESS ENERGY, LLC/STARLING FARM, LLC/ARLEEN COHEN/COHEN EXEMPT MARITAL TRUST/WINDY WILLOW FARMS LC for a Conditional Use Permit re operate a battery energy storage system DISTRICT 2 July 8, 2025 14 AGENDA REVIEW SESSION ITEM#77342 (Continued) 9. BH CYPRESS POINT MF DEVELOPMENT,LLC for a Conditional Change of Zoning from B- 2 Community Business District to Conditional B-4 Mixed Use District re redevelop the existing Cypress Point Shopping Center into a mixed-use development to include multi family dwellings as well as office and retail space at 928 Diamond Springs Road and 1025 Heatherwood Drive DISTRICT 9 10. AMANDA MATTHEWS/ VILLAGE CHURCH for a Conditional Use Permit re child care education center at 4013 Indian River Road DISTRICT 2 11. HOPE, CARE & LOVE HOME HEALTHCARE SERVICES, LLC/HOLLAND OFFICE PARK, LLC for a Conditional Use Permit re adult daycare center at 464 South Independence Boulevard, Suites 104& 106 DISTRICT 3 12. GARTH GILLESPIE /GARTH CHRISTIAN GILLESPIE for a Conditional Use Permit re short term rental at 52122d Street DISTRICT 6 13. DIANE ONG for a Conditional Use Permit re short term rental at 927 Pacific Avenue, Unit B& 905 Pacific Avenue, Unit A DISTRICT 5 K.PLANNING: ITEMS#1, #2 and#3 WILL BE GROUPED TOGETHER AND CONSIDERED SEPARATELY COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEMS#3 AND#11 ITEMS#4 and#5 WILL BE GROUPED TOGETHER AND CONSIDERED SEPARATELY July 8, 2025 15 ITEM#77343 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION; pursuant to Section 2.2-3711(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 2.2-3711(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 2.2-3 711(A)(7). • Atlantic Park PUBLICLY-HELD PROPERTY:Discussion or consideration of the acquisition of real property for public purpose;or of the disposition of publicly-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 2 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) • Hampton Roads Economic Development Alliance 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 • Council Appointee Evaluations July 8, 2025 16 ITEM#77343 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council voted to proceed into CLOSED SESSION at 3:09 P.M. Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None Break 3:09 P.M. — 3:23 P.M. Closed Session 3:23 P.M. — 5:55 P.M. July 8, 2025 17 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL JUL Y 8,2025 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, July 8, 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, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 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 341h 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 orpotential 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. July 8, 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. July 8, 2025 19 V.F CERTIFICATION ITEM#77344 Upon motion Council Member Rouse, 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: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 O�♦4' 6L U aJ a r J 0, OUR MS�NS 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#77343 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. A da Barnes, MAC City Clerk July 8, 2025 20 ITEM— V.G.1 MINUTES ITEM#77345 Upon motion by Council Member Jackson-Green, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of June 24,2025 Voting: 11 -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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 21 ITEM— V.H.1 MAYOR'S PRESENTATION ITEM#77346 RESOLUTION CLEFT AND CRANIOFACIAL A RARENESS MONTH On behalf of City Council, Council Member Berlucchi welcomed Jackson Doane and read the Resolution declaring July 2025, "CLEFT AND CRANIOFACIAL AWARENESS MONTH" and encouraged all citizens to take time to become more informed concerning clefts and other craniofacial conditions and support non-profit organizations that provide services and care to kids and adults who are born with these types of conditions. Mr. Doane expressed his appreciation to City Council for being the first City in Virginia to formally recognize Cleft And Craniofacial Awareness Month and for their support of Operation Smile, CHKD and local patient community. Mr. Doane shared there are approximately 1,300 residents in the City who are born with a cleft or craniofacial condition and struggle to get coverage for basic medical procedures and to address problems caused by their condition and is why having City Council support the organizations who provide care is so appreciated. July 8, 2025 0 o - ati ant 0 RESOLUTION WHEREAS:Orofacial clefts are the most frequently occurring birth defects in the United States, affecting approximately 1 in 700 infants per year;and WHEREAS:People born with clefts and other craniofacial conditions usually require surgery as well as special feeding support, dental and orthodontic care,psychiatric care, and speech therapy as they grow; and WHEREAS: This complexity of services needs to be provided in a synchronized manner over a period of years, and are best provided by interdisciplinary cleft and craniofacial teams;and WHEREAS: Operation Smile, the world's leading non-profit organization in bridging the gap in access to essential surgeries and health care with cleft surgery and comprehensive care worldwide, has their global headquarters in Virginia Beach, Virginia;and WHEREAS:It is f tting and proper to recognize the efforts of Operation Smile, Children's Hospital of the King's Daughters Cleft and Craniofacial Center, and local families and advocates working to ensure a better life for those affected by cleft lip/palate or other craniofacial conditions;and WHEREAS:Cleft and Craniofacial Awareness Month will encourage and support local medical institutions, research efforts, and advocacy groups to collaborate on research aimed at identifying the root causes of orofacial conditions and identify and innovate early intervention strategies to better assist citizens born with orofacial clefts and other craniofacial conditions. NOW, THEREFORE,BE IT RESOLVED, That the City of Virginia Beach does hereby recognize the month of July as Cleft and Craniofacial Awareness Month, encouraging all citizens to take time to become more informed concerning clefts and other craniofacial conditions and support non-profit organizations that provide services and care to kids and adults who are born with these types of conditions;and BE IT FURTHER RESOLVED, That the City of Virginia Beach reaffirms its commitment to fostering inclusive healthcare,public education, and community support by promoting increased awareness, acceptance, and advocacy for individuals and families affected by cleft and craniofacial conditions, and encourages ongoing collaboration among healthcare providers, educators, nonprofit organizations, and local government to ensure access to comprehensive care and resources for all who need them. Given by the Council of the City of Virginia Beach, Virginia the 8M day of July 2025 and present this Resolution duly signed by each Member of the Virginia Beach City Council. gs A.unAd&IN6j,a y — iciMn Barbara M.He Council Member David Hutcheson Council Member C 'ash"J • .con-Green Council Member Robert W."Worth"Remick Council Member Dr.Amelia Ross-Hammond CoPIMmbe�rJennWnif-erV.Rouse �1'ounncll'Mem r Joash .Schulman Vice Mayor Ros iary Wilson Ar�' oy nl'e 22 ITEM— VI.I FORMAL SESSION AGENDA ITEM#7734 7 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 Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT,Agenda Items Ordinances J. I (DEFERRED TO AUGUST 12,2025),2, 3, 4, 5, 6 and 7 and Planning Items K. 6, 7, 8, 9, 10, 11,12 and 13 Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None K.PLANNING: ITEMS#1, #2 and#3 WILL BE GROUPED TOGETHER AND CONSIDERED SEPARATELY COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEMS#3 AND#11 ITEMS#4 and#5 WILL BE GROUPED TOGETHER AND CONSIDERED SEPARATELY July 8, 2025 23 ITEM— V.J.1 ORDINANCES ITEM#77348 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council DEFERRED TO AUGUST 12, 2025, BY CONSENT, Ordinance to DECLARE City-owned property at 302 22"d Street to be in the EXCESS of the City s needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to 21'Street Properties,LLC re the development of the property into a multi-use development project(City Council Request Deferral to August 12,2025) Voting: 11 - 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, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 24 ITEM— V J.2 ORDINANCES ITEM#77349 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Phase 1,Sections 1B, 1 C.2, ID and 1E Project Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS FOR THE 4 EASTERN SHORE DRIVE DRAINAGE 5 IMPROVEMENTS PHASE 1, SECTIONS 1 B, 6 1 C.2, 1 D, AND 1 E PROJECT (CIPS 100150, 7 100153, 100167 AND 100538), EITHER BY a AGREEMENT OR CONDEMNATION, 9 REFLECTING AREAS CHANGED SINCE 10 PREVIOUS AUTHORITY WAS GRANTED 11 12 WHEREAS,the Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B, 13 1 C.2, ID, and 1 E Project, CIPs 100150, 100153, 100167, 100538 (collectively, the 14 "Project") is for the construction of two new stormwater pumping stations,the widening and 15 deepening of the Cape Henry Canal and raising a portion of West Great Neck Road; 16 17 WHEREAS, the Project is designed to improve stormwater management within the is Lynnhaven Colony neighborhood and relieve widespread flooding of roads and properties. 19 The Project will provide protection by stopping overland surface tidal waters and rainwater 20 from flooding the low-lying areas by creating a topographical berm at or above the base 21 flood elevation and pumping stormwater out of upstream Cape Henry Canal before, during, 22 and after moderate to severe rain events; 23 24 WHEREAS, the Project work will mainly be within the existing right-of-way; however, 25 to ensure proper grading and smooth transitions to the adjacent private properties, 26 permanent and temporary easements have been identified along 16 parcels within the 27 Project boundary, which have been determined by the Department of Engineering to be the 28 optimal location for the construction of drainage improvements; 29 30 WHEREAS, on December 3, 2024, Council adopted Ordinance 3789X approving the 31 major design features and authorizing the acquisition of easements by agreement or 32 condemnation for the Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B 33 (CIP 100167 - Lynnhaven Colony Park Pump Station),1C.2 (CIP 100153 - Cape Henry 34 Canal Phase II), 1 D (CIP 100150 - Lynnhaven Drive Pump Station) and 1 E (CIP 100538 - 35 Elevate Lynnhaven Drive) Project (collectively, the "Project"); 36 37 WHEREAS, due to Project design changes since Ordinance 3789X was adopted, it 38 is necessary to amend the City Council's authorization to acquire permanent and temporary 39 easements that will affect Sections 1 B (CIP 100167 - Lynnhaven Colony Park Pump 40 Station) and 1C.2 (CIP 100153 - Cape Henry Canal Phase II); 41 42 WHEREAS, the major design features of the Project, as previously approved have 43 not changed; and 44 45 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 46 public necessity exists for the construction of this important Project to provide flood 47 protection to the surrounding area, for the purpose of addressing frequent flooding of 48 streets and highways and public and private infrastructure,to improve transportation during 49 rain and flood events, and for the preservation of the safety, health, peace, good order, 50 comfort and convenience and for the welfare of the people in the City of Virginia Beach. 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 53 VIRGINIA BEACH, VIRGINIA: 54 55 Section 1. That the City Council authorizes the acquisition by purchase or 56 condemnation pursuant to Sections 15.2-1901, et seq.; 15.2-2109 and 15.2-970, and Title 57 25.1 of the Code of Virginia of 1950, as amended, of all those certain permanent and 58 temporary easements (the "Property"), as shown on the Project plans entitled "EASTERN 59 SHORE DRIVE PHASE I, SECTION I CIP No. 100150, 100153, 100167, & 100538 PWCN- 60 25-0002,"and more particularly described on the acquisition plats for the Project (plats and 61 plans collectively referred to as the "Plans"), the Plans being on file in the Stormwater 62 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 63 64 Section 2. That the City Manager is hereby authorized to make or cause to be made 65 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 66 offer to the owners or persons having an interest in the Property. If refused, the City 67 Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings to 68 condemn said Property. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 t h day of 71 July , 2025. CA16725 R-1 5/14/25 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d014\p052\01047450.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY BfI6 WOR00ifAL ESTATE CITY ATTORNEY 25 ITEM— V.J.3 ORDINANCES ITEM#77350 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with Kempsville Borough Boys Baseball,Inc for City-owned property at 952 Reon Drive re add a 37+/-square foot storage area Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE AN AMENDMENT TO THE LEASE 3 BETWEEN THE CITY OF VIRGINIA BEACH AND 4 KEMPSVILLE BOROUGH BOYS BASEBALL, INC 5 6 WHEREAS, on August 15, 2023, by Ordinance ORD-3749DD, City Council 7 authorized the lease agreement between the City of Virginia Beach (the "City") and 8 Kempsville Borough Boys Baseball, Inc., a Virginia non-stock corporation ("KBBB") for 9 a 6.25-acre portion of City property located at 952 Reon Drive (Part of GPIN 1456-63- 10 8279) (the "Premises") for community youth Little League operations; 11 12 WHEREAS, the City and KBBB entered into a lease dated September 1, 2023 13 (the "Lease"), with a term of one year, with 4 additional one-year renewal options, 14 expiring no later than August 31, 2028; 15 16 WHEREAS, KBBB has requested that the Premises be amended to add a 37+/- 17 sq. ft. storage area to the Premises, for the storage of paper products and other non- 18 perishable items; and 19 20 WHEREAS, City staff has no objection to modifying the Premises to add the 21 Storage Space and recommends amending the Lease as set forth herein, with all other 22 terms, conditions and obligations of the parties set forth in the Lease remaining the 23 same. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 1. That the City Manager, or his authorized designee, is hereby authorized to 29 execute an amendment to the Lease between the City and KBBB to modify the 30 Premises as described herein, and such other terms, conditions or modifications as may 31 be acceptable to the City Manager and in a form deemed satisfactory by the City 32 Attorney. 33 34 2. Except for the modification described herein, all terms, conditions and 35 obligations of the parties set forth in the Lease shall remain unchanged and in full force 36 and effect. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 8 t h day of 39 July , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM r . City Attorney De t. of Parks & Recreation CA16722 1\vbgov.comWfs llapplicationslcttylawlcycom321wpd ocstd009rp052101053337.doc R-1 June 20, 2025 26 ITEM— V.J.4 ORDINANCES ITEM#77351 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property at the Virginia Beach Farmers Market, Suite 516 re Princess Anne County Grill Voting: I1 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE WITH PRINCESS ANNE COUNTY 3 GRILL FOR CITY-OWNED PROPERTY KNOWN AS 4 SUITE 516 IN THE VIRGINIA BEACH FARMERS MARKET 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 7 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia (the 8 "Farmers Market"); 9 10 WHEREAS, the City issued a Request for Proposals for the restaurant located in 11 Suite 516 at the Farmers Market, which consists of approximately 1,038 sq. ft. of space 12 (the "Premises") and received three submittals; 13 14 WHEREAS, the City's RFP Committee evaluated all three submittals and 15 recommends awarding the lease to Princess Anne County Grill ("PA Grill"), who 16 previously leased the Premises; 17 18 WHEREAS, the Premises will be utilized for the purposes of a restaurant offering 19 freshly prepared meals made onsite using local produce when available, and for no 20 other purpose; and 21 22 WHEREAS, PA Grill has agreed to pay the City rent in the amount of $1,750 per 23 month for the first year of the lease term ($21,000.00 annualized), with a five percent 24 (5%) annual rent escalation beginning August 1, 2026 and each year thereafter. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for up to 5 years 30 between Princess Anne Grill and the City for the Premises, in accordance with the 31 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 32 other terms, conditions or modifications as may be acceptable to the City Manager and 33 in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of 36 July , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney *1io�Ieal Estate CA16431 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d018\p051\01055377.doc R-1 June 20, 2025 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Princess Anne County Grill PREMISES: Suite 516, consisting of 1,038+/- square feet TERM: August 1, 2025 through July 31, 2028, with two (2) additional one-year renewal options RENT: $1,750.00 per month for *November 1, 2025 through July 31, 2026 ($21 ,000.00 annualized), with five percent (5%) annual escalation beginning August 1, 2026 and each year thereafter ("Rent will be abated through October 31, 2025 or until such time as the Lessee receives all applicable licenses, permits, and opens for business, whichever first occurs. Abatement is conditional on Lessee's good faith start-up expenditures and a timely opening of the restaurant on or before November 1, 2025.) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for a restaurant, and for no other purpose. • Maintain the Premises in good condition and repair, including its electrical system, so that all is clean, operational, and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. • Right to inspect the Premises without notice for emergency, health, building, and/or safety inspections. TERMINATION: • City may immediately terminate upon Lessee's breach of any Lease provision and failure to cure within ten (10) calendar days. • City may immediately terminate upon an emergency or upon Lessee's repeated breach (two or more of the same nature) of any Lease provision. • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) calendar days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) calendar days' advanced written notice to the City. 27 ITEM— V.J.5 ORDINANCES ITEM#77352 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Bass Inlet and into a 5-foot City-owned drainage and utility easement, located at the side and rear of 320 Back Bay Crescent re maintain two (2) existing timber wharves, concrete boat ramp, gravel driveway, construct and maintain a proposed timber wharf addition, and two (2) timber pile aluminum boat lift DISTRICT 2 Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 1 Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 BASS INLET AND INTO A 5' CITY- 7 OWNED DRAINAGE AND UTILITY 8 EASEMENT, LOCATED AT THE SIDE 9 AND REAR OF 320 BACK BAY 10 CRESCENT. 11 12 WHEREAS, John Richard Rudis and Brooke Spain Rudis (collectively the 13 "Applicant"), request permission to maintain two (2) existing variable width timber wharves, 14 a concrete boat ramp and a gravel driveway, and to construct and maintain a timber wharf 15 addition and a two (2) timber pile aluminum boat lift, (collectively, the "Temporary 16 Encroachment") into a portion of City-owned property known as Bass Inlet and into a 5' 17 City-owned drainage and utility easement, located at the side and rear of 320 Back Bay 18 Crescent (GPIN 2433-32-0464); and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's property and easements subject to such terms and conditions as Council may 23 prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 30 assigns and successors in title are authorized to construct and maintain the Temporary 31 Encroachment as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT 32 REQUEST FOR EXISTING TIMBER WHARVES, CONCRETE BOAT RAMP, GRAVEL 33 DRIVEWAY AND A PROPOSED TIMBER WHARF ADDITION, & PROPOSED TWO PILE 34 ALUMINUM BOAT LIFT FOR: JOHN R. & BROOKE S. RUDIS 320 BACK BAY 35 CRESCENT LOT 66, SECTION 3, BACK BAY MEADOWS, M.B.67, PG. 45," Scale: 1" _ 36 40', dated: October 23, 2024, prepared by: Stone Green Consulting, LLC, a copy of which 37 is attached hereto as Exhibit "A" and on file in the Department of Public Works and to which 38 reference is made for a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 41 subject to those terms, conditions and criteria contained in the agreement between the City 42 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 43 been presented to the Council in its agenda, and will be recorded among the records of the 44 Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 i 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as the Applicants and the City Manager or his authorized designee execute the 51 Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 th 54 day of July , 2025. CA16720 R-3 Prepared: 6/10/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: A JD/"7, P�btllc' WO , REAL ESTATE A . HARMEYER DEPUTY CITY ATTORNEY a RUDIS ENCROACHMENT EXHIBIT LOT 64 SANDBRIDGE SHORES BASS INLET NOW OR FORMERLY NOW OR FORMERLY LIA F. CABRAL RLT CITY OF VIRGINIA BEACH GPIN: 2433-22-9549 GPIN: 2433-33-0267 F INST:20170504000372240 M.B. 103,PG.25 S M.B.67, PG. 45 ----------- ---—-- M.B. 67 PG. 45 EXISTING MHW {� MLw I'(S CANALFLooMILL POND N 67'41'00'E MA '/r 8000 66.4'TOTAL WIDTH — EBB-- / CONDITIONS 14.2'WHARFTOPL 12.9' 38.5'WHARF WIDTH 17.9'WHARF o WIDTH u w Q /Ex TIMBER EX.TIMBER I LOT 67 a = u , / WHARF WHARF I ; NOW OR FORMERLY w PRESTIGE WORLDWIDE 8 9' 81 m i PROPERTY MANAGEMENT LLC Bo--30'--- 00 i I GPIN:2433-32-1459 a2_ + �_-_____7O i ;N INST:202203062663 16' 39' M.B.67,PG.45 1 / �� // EX.CONCRETE io BOAT RAMP L T H EXISTING DIMENSIONS 1"=40' pZ / � O LOT65 LOT66 ; �o " SEAN E. GREEN NOW OR FORMERLY I I� LIC. N0. 0402064005 NOW OR FORMERLY / JOHN R.&BROOKE S.RUDIS i �O LIA F. CABRAL RLT I o ?gyp GPIN:2433-32-0464 i GPIN:2433-22-9452 ? / / INST:202403030411 1 INST:20170504000372180 / M.B.67,PG.45 I ss/0NA1 F� M.B.67,PG. 45 / 2.8' 'IM 5 SIDE AND REAR�/ I EASEMENT GRANTED TO / I I Digitally signed b ean,Green i / CITY OF VIRGINIA BEACH / / EX.GRAVEL IDWCN�Se irfl�ri FOR DRAINAGE AND / DRIVEWAY I E=stonegreenconsulting@gmail.co UTILITIES PER M.B 67.PG.45 ' / 1 G=Sean,SN=Green,C=US F / S 67`41'00,W 132.1 ' It F Date:2025.05.28 21:00:17-04'00' --------- -_—__------------ -- ------------- 485'TO SAND BEND RD BACK BAY CRESCENT 50' RIGHT-OF-WAY M.B. 67, PG. 45 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT 'A'- ENCROACHMENT REQUEST FOR 0 40 80 EXISTING TIMBER WHARVES, CONCRETE SCALE: 1"-ao' BOAT RAMP, GRAVEL DRIVEWAY AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED TIMBER WHARFADDITION, & PROPOSED TWO PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC 4014 MEDINA ROAD#1015,AKRON, OH 44333 FOR:JOHN R. & BROOKE S. RUDIS (330)400-3811 COA: 0407008328 320 BACK BAY CRESCENT LOT 66, SECTION 3, BACK BAY MEADOWS, ©202S WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG.45 OCTOBER 23, 2024 SHEET 1OF 2 Of RUDIS ENCROACHMENT EXHIBIT N LOT 64 SANDBRIDGE SHORES BASS INLET NOW OR FORMERLY NOW OR FORMERLY LIA F.CABRAL RLT CITY OF VIRGINIA BEACH ' GPIN:2433-22-9549 GPIN:2433-33-0267 F INST:20170504000372240 M.B. 103, PG.25 S M.B.67, PG.45 M.B. 67 PG.45 _ r----- --- PROPOSED MLW CANAL FLoo MILL POND MI- PROPOSED I MA#S PROPOSED(2) TIMBER PILE �EBB— N 67"4I'00"E ' IMP ROVE M E NTS 80.00 I ALUMINUM BOAT LIFT 4 WHARF TERMINATES @ PL PROPOSED DIMENSIONS 1 1"=40' PF r- --- -►.: -- 11' / I I LTH F 0 E,�(.TIMBER EX.TIMBER I F U ti ; WHARF WHARF I Z Z j - ------ ----- Lu PROPOSED i -----30 -1 i = Q= Oa c TIMBER WHARF ? ° 3: " SEAN E. GREEN n / N W / I I o Lic. No. 0402064005 EX.CONCRETE O BOATRAMP '� J ,A LOT 65 00 0 00 NOW OR FORMERLY �/i i I FSS/ONAL ECG LIA F. CABRAL RLT GPIN:2433-22-9452 1 ly INST:20170504000372180 3; / LOT 66 Digitally signed by green M.B.67,PG.45 i NOW OR FORMERLY I0 :0 q=Se "' / JOHN R.&BROOKE S.RUDIS I E=stonegreencbnsuiting@gmail.com, �� / GPIN:2433-32-0464 I I G=Sean,SN=Green,C=US ? / 1 Date:2025.05.28 21:00:19-04'00' / INST:202403030411 / M.B.67,PG.45 1 LOT 67 NOW OR FORMERLY PRESTIGE WORLDWIDE 5'SIDE AND REAR j PROPERTY MANAGEMENT LLC EASEMENT GRANTED TO / ' GPIN:2433-32-1459 CITY OF VIRGINIA BEACH ' FOR DRAINAGE AND / DRIVEWAY I I INST:202203062663 UTILITIES PER M.B 67,PG.45 I M.B.67,PG.45 r�67.41r��e�� 132.1 S. I. PF 485'TO SAND BEND RD BACK BAY CRESCENT 50' RIGHT-OF-WAY M.B. 67, PG.45 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT 'A'- ENCROACHMENT REQUEST FOR 0 40 80 EXISTING TIMBER WHARVES, CONCRETE `_ mem BOAT RAMP, GRAVEL DRIVEWAY AND A SCALE: 1"=40' ENGINEERING SERVICES PROVIDED BY: PROPOSED TIMBER WHARF ADDITION, & PROPOSED TWO PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN R. & BROOKE S. RUDIS 4014 MEDINA ROAD#1015,AKRON,OH 44333 JO BACK BAY CRESCENT (330)400-3811 COA:0407008328 LOT 66, SECTION 3, BACK BAY MEADOWS, ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG.45 OCTOBER 23, 2024 SHEET 2 OF 2 Of PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of jWJC , 20 ��by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN RICHARD RUDIS and BROOKE SPAIN RUDIS, a married couple, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT "66" as shown on that certain plat entitled: "SECTION 3 BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORP. PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," Scale: 1" = 100', dated July 16, 1964, prepared by W. B. Gallup - Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 320 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain two (2) variable width timber wharves, a concrete boat ramp and a gravel driveway, and to construct and maintain a variable width timber wharf addition and a two (2) timber pile aluminum boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-33-0267 (CITY-OWNED PROPERTY— BASS INLET) NO GPIN ASSIGNED (5' CITY-OWNED DRAINAGE AND UTILITY EASEMENT) 2433-32-0464 (320 BACK BAY CRESCENT) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Bass Inlet and into a 5' City-owned drainage and utility easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR EXISTING TIMBER WHARVES, CONCRETE BOAT RAMP, GRAVEL DRIVEWAY AND A PROPOSED TIMBER WHARF ADDITION, & PROPOSED TWO PILE ALUMINUM BOAT LIFT FOR: JOHN R. & BROOKE S. RUDIS 320 BACK BAY CRESCENT LOT 66, SECTION 3, BACK BAY MEADOWS, M.B.67, PG. 45," Scale: 1" = 40', dated: October 23, 2024, prepared by: Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 3 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John Richard Rudis and Brooke Spain Rudis, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 o n Richard dis Brooke Spain Rudis STATE OF CITY/COUNTY OF i ) , to-wit: The foregoing instrument was acknowledged before me this _� day of 2025, by John Richard Rudis an Qrooke S ain Rudis. L) otary u lic RVis I? .......... My Notary Registration Numb r: \��. NOTARY cPUBLIy'; My Commission Expires: _ Q:. REG#761#761 ; �• 4330 n MY COMMISSION Q p . EXPIRE$ •. 91301 4 LTH . �.��• //11111110 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUF CIENCY AND FORM P 4, jj WOR S — REAL ESTATE . HA AMEYER DEPUTY CITY ATTORNEY 7 RUDIS ENCROACHMENT EXHIBIT LOT 64 SANDBRIDGE SHORES BASS INLET NOW OR FORMERLY NOW OR FORMERLY LIA F.CABRAL RLT CITY OF VIRGINIA BEACH GPIN:2433-22-9549 GPIN:2433-33-0267 F INST:20170504000372240 M.B. 103,PG.25 M.B.67,PG.45 _.._..—..—..—.._.._.._ S _.._.._.._ ..._.._.._.._.._.•- M.B.67 PG. 45 - f—_-----_- EXISTING ^^"w MLW CANAL OF MILL POND N1A.iSF,�, FLOOD N 67'41.00'E 66.4'TOTAL WIDTH cEBBS 80.00'CONDITIONS 14.2'WHARFTOPL I" 1 12.9' 38.5'WHARF WIDTH 17.9'WHARF WIDTH ,ZL, Q /Ex.TIMBER EX.TIMBER I LOT 67 d =V / WHARF WHARF 11' 3 z / I NOW OR FORMERLY PRESTIGE WORLDWIDE PROPERTY MANAGEMENT LLC 00--30'-__ / I I GPIN:2433-32 1459 -- --To 'N INST:202203062663 16' 39' I M.B.67,PG.45 I O all EX.CONCRETE io / BOATRAMP m NLTH p EXISTING DIMENSIONS ;� I I y�F. F 1"=40' / I SEAN E. GREEN LT 65LOT 66 NOW OR FORMERLY �I�/ NOW OR FORMERLY ALIC. N0. 0402064005 LIA F.CABRAL RLT JOHN R.&BROOKE S.RUDIS I 0 �Qz o / I in / GPIN:2433-32-0464 INST 2 01 GPIN:0504000372180 ? i/ INST:202403030411 M.B.67,PG.45 p A 1 M.B.67,PG.45 �, 2.8' y� S'SIDE AND REAR / /> j Igitally si ned by men EASEMENT GRANTED TO i / CITY OF VIRGINIA BEACH ' Se EX.GRAVEL E=StOn reenCOnSUltin m FOR DRAINAGE AND , / DRIVEWAY I e9 gag all.eo UTILITIES PER M.B 67,PG.45 / I G=Sean,SN-Green,C=US P / . S 67.41'00'W 132.15' I PF Date_2625_05.28 21:00:17-04'00' 485'TO SAND BEND RD BACK BAY CRESCENT 50'RIGHT-OF-WAY M.B. 67, PG.45 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT 'A'- ENCROACHMENT REQUEST FOR 0 40 80 EXISTING TIMBER WHARVES, CONCRETE SCALE: 1"=40' BOAT RAMP, GRAVEL DRIVEWAYAND A ENGINEERING SERVICES PROVIDED BY: PROPOSED TIMBER WHARFADDITION, &PROPOSED TWO PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC 4014 MEDINA ROAD#1015,AKRON,OH 44333 FOR:JOHN R.& BROOKE S. RUDIS (330)400-3811 COA:0407008328 320 BACK BAY CRESCENT LOT 66, SECTION 3, BACK BAY MEADOWS, Q2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG.45 OCTOBER 23,2024 SHEET 1OF 2 of RUDIS ENCROACHMENT EXHIBIT N LOT 64 SANDBRIDGE SHORES BASS INLET NOW OR FORMERLY NOW OR FORMERLY LIA F.CABRAL RLT CITY OF VIRGINIA BEACH GPIN:2433-22-9549 GPIN:2433-33-0267 F INST:20170504000372240 M.B. 103,PG.25 M.B.67,PG.45 _.._..—.._.._.._..—.._• M.B.67 PG.45 ; /� P .'.' CANAL OF MILL POND PROPOSED MHW MLW —FLOOD '00'E M. PROPOSED(2(TIMBER PILE EBB— N 117.41 M P ROVE M E NTS Bo.00 I .: .4_ ALUMINUM BOAT LIFT 50.4' WHARF TERMINATES @ PL PROPOSED DIMENSIONS 1 1"=40' \ PF - --- - I EEC.TIMBER EX.TIMBER I F U {,N L T n 0/r WHARF WHARF I Z Z 0� PROPOSED I I = c - -----30'—1 TIMBER WHARF j a = 0 y i I w N ` SEAN E. GREEN n / / w ° Uc. No. 0402064005 EX.CONCRETE tz BOATRAMP im A a �O� �� LOT 65 f �l i ; °,y° FS �G\� NOW OR FORMERLY / / IT] I S1ONA1. E LIA F.CABRAL RLT // / I GPIN:2433-22-9452 / INST:20170504000372180 3; LOT 66 i �N Digitally si njSe reen M.B.67,PG. 45 te/ / NOW OR FORMERLY 1$JOHN R.&BROOKE S.RUDIS I , =stonegreen ng�gmail.com,GPIN:2433-32-0464 I I G=Sean,Seen,C=US ? / I Date:2025.05.28 21*0"9-04'00' / INST:202403030411 I / M.B.67,PG.45 I i LOT 67 NOW OR FORMERLY S'SIDE AND REAR PRESTIGE WORLDWIDE —�7 / j I EASEMENT GRANTED TO PROPERTY MANAGEMENT LLC i / CITY OF VIRGINIA BEACH EX.GRAVEL GPIN:2433-32-1459 FOR DRAINAGE AND , / DRIVEWAY I INST:202203062663 UTILITIES PER M.B 67,PG.45 M.B.67,PG.45 PF / S 67.41'00'W 132.15' PF 485'TO SAND BEND RD BACK BAY CRESCENT 50'RIGHT-OF-WAY M.B. 67, PG.45 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT 'A'- ENCROACHMENT REQUEST FOR `__ 40 80 EXISTING TIMBER WHARVES, CONCRETE SCALE: 1"=40' BOAT RAMP, GRAVEL DRIVEWAYAND A ENGINEERING SERVICES PROVIDED BY: PROPOSED TIMBER WHARF ADDITION, &PROPOSED TWO PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC 4014 MEDINA ROAD#1015,AKRON,OH 44333 FOR:JOHN R.& BROOKE S. RUDIS (330)400-3811 COA:0407008328 320 BACK BAY CRESCENT LOT 66, SECTION 3, BACK BAY MEADOWS, ©2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED M.B. 67, PG.45 OCTOBER 23,2024 SHEET 2 OF 2 28 ITEM— V.J.6 ORDINANCES ITEM#77353 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $30,000 from the Virginia Department of Criminal Justice Services to the FY2025-26 Emergency Medical Services Operating Budget re support first responder wellness Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $30,000 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES TO THE DEPARTMENT OF 4 EMERGENCY MEDICAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $30,000 is hereby accepted from the Virginia Department of Criminal Justice and 10 appropriated, with revenue increased accordingly, to the FY 2025-2026 Operating Budget 11 of the Department of Emergency Medical Services to support first responder wellness. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day Of July , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: o Y� B dget and anagement Services City ttorney's Office CA16923 R-1 June 25, 2025 29 ITEM— V.J.7 ORDINANCES ITEM#77354 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $3.2-Million from the fund balance of the General Fund and TRANSFER funds as Pay-Go funding to Capital Project#100463, "Virginia Aquarium Rehabilitation and Renewal III" and AUTHORIZE the City Manager to EXECUTE a cost share agreement with the Virginia Aquarium &Marine Science Center Foundation, Inc. re exhibit and facility repairs at the Virginia Aquarium Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 1 AN ORDINANCE TO APPROPRIATE$3,200,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND FOR 3 IMPROVEMENTS TO THE VIRGINIA AQUARIUM &MARINE 4 SCIENCE CENTER AND TO AUTHORIZE THE CITY 5 MANAGER TO EXECUTE A COST SHARE AGREEMENT 6 WITH THE VIRGINIA AQUARIUM & MARINE SCIENCE 7 CENTER FOUNDATION, INC. 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1. $3,200,000 is hereby appropriated from the fund balance of the General Fund 12 and transferred as pay-as-you-go funding to Capital Project #100463 "Virginia 13 Aquarium Rehabilitation and Renewal III" for exhibit and facility repairs at the 14 Virginia Aquarium. 15 16 2. The City Manager is hereby authorized to enter into a cost share agreement with 17 the Virginia Aquarium & Marine Science Center Foundation, Inc.,to participate in 18 a not to exceed amount of $3,200,000 as a 40% cost share, based on actual 19 invoices presented to the City, for exhibit and facility repairs at the Virginia 20 Aquarium, subject to such terms, conditions, and modifications as may be 21 acceptable to the City Manager and in a form deemed satisfactory by the City 22 Attorney. Adopted by the Council of the City of Virginia Beach,Virginia on the 8th day of July 2025. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Wanagement Services torney's Office CA16922 R-1 June 25, 2025 30 ITEM— VXI PLANNING ITEMS ITEM#77355 Planning Items K.1, K.2 and K.3 were grouped together for a single vote with the following registered speakers providing comments one time on the same grouped items: Robert Beaman, 222 Central Park Avenue, Suite 2000,Attorney for the Applicant, spoke in SUPPORT Tom Luckman, President of West Neck Community Association, 3192 Gallahad Drive, Phone: 705-1789, spoke in OPPOSITION Mark Johnson, Back Bay Restoration Foundation, 1087 Horn Point Road, Phone: 435-3524, spoke in OPPOSITION Larry Walker, 2500 Calumet Drive, Phone: 427-1332, spoke in OPPOSITION Bobby Richardson, 2789 Nestlebrook Trail, spoke in OPPOSITION Terry Stevens, 312 Shad Lane, Phone: 647-4705, spoke in OPPOSITION Usha Eleswarapu, 1749 Champagne Circle, Phone:214-597-6728, spoke in OPPOSITION Venkat Eleswarapu, 1749 Champagne Circle, Phone: 469-803-7997, spoke in OPPOSITION Paul Towler, 3040 Heron Ridge Drive, Phone: 703-403-9153, spoke in OPPOSITION Christopher Petrakos, 2581 Sandpiper Road, Phone: 678-656-9628, spoke in OPPOSITION Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, spoke in OPPOSITION Gabriele Mack, 204 Sandbridge Road#308, Phone: 314-409-1457, spoke in OPPOSITION Tammy Yandamme, 3543 Winding Trail Circle, Phone: 339-6840, spoke in OPPOSITION Rick Boyles, Virginia Beach Council of Civic Organizations, 525 Suber Drive, spoke in OPPOSITION Kenneth McSpadden, Princess Anne Crossing Civic League, 2608 Cantwell Road, Phone: 540-538-5508, spoke in OPPOSITION Ted Quinter, Browningstone Condominium Association, 2803 Browning Drive, spoke in OPPOSITION David Konze, 3229 Gallahad Drive, Phone: 777-5030, spoke in OPPOSITION Diana Hicks, Chair TA17T4, 2129 General Booth Boulevard #103, Phone: 641-3900, spoke in OPPOSITION Donna Siller, 2725 Christopher Farms Drive, Phone: 724-2352, spoke in OPPOSITION Kim Mayo 1408 Bradford Road,Phone: 450-3011, spoke in OPPOSITION Jessica Windish, Phone: 648-5725, spoke in OPPOSITION After City Council discussion, Council Member Henley made a motion, seconded by Council Member Rouse, to DENYPIanning Items K.1, K.2 and K3 Voting: 2—9 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley and Jennifer Rouse Council Members Voting Nay: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 31 ITEM— V.K.l PLANNING ITEMS ITEM#77355 (Continued) Council Member Schulman then made a motion, seconded by Council Member Berlucchi, to APPROVE Planning Items K1, K.2 and K3 Voting: 9-2 Council Members Voting Aye: Michael F.Berlucchi,Stacy Cummings,Mayor RobertM.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley and Jennifer Rouse Council Members Absent: None APPROVED, AS MODIFIED, AS CONDITIONED, application of HEARTSILLE REYNOLDS / PORTIA MCGRAW/SHARONMCPHERSON/EDWARD THOMAS/RONALD HAYES/TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH for a Modification of Conditions re religious use at a portion of 2641 Princess Anne Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HEARTSILLE REYNOLDS / PORT1A MCGRAW / SHARON MCPHERSON/EDWARD THOMAS/RONALD HAYES/TRUSTEES FOR TURNING POINT CHURCHAND MINISTRIES, FORMERLY KNOWNASAGAPAE INTERNATIONAL CHURCHfor a Modi ication of Conditions re religious use at a portion of 2641 Princess Anne Road (GPIN.• 1494641457)DISTRICT 2 The following conditions shall be required: 1. All previous conditions attached to the Conditional Use Permit granted by City Council on December 3, 1996, and the subsequent Modification of Conditions granted on February 12, 2008, May 24, 2011, and on September 6, 20216 shall be deleted and replaced with the following conditions below. July 8, 2025 32 ITEM— VX I PLANNING ITEMS ITEM#77355 (Continued) 2. Upon removal of 2.3 acres from the site, the total lot area designated for the Religious Use shall be 6.83 acres. 3. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the site layout entitled "Site Layout for Turning Point Church and Ministries, dated May 27, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 4. Within no less than twenty-four (24) months from the date of City Council Approval, the church shall remove the temporary access along Princess Anne Road and install the necessary improvements(curb&gutter, etc)and access to the Church shall be from George Wythe Drive. 5. One portable modular structure shall be allowed for a period of five(5)years from the date of City Council approval of this request. The modular structure shall adhere to the following: a) The portable structure shall be located on the site in substantial conformance to the submitted site layout referenced in Condition I above. b) The existing skirting around the base of the building shall be either repaired or replaced to provide visual screening of the under-carriage of the unit. The skirting shall be adequately maintained and shall not fall into a state of disrepair. c) Foundation landscaping,consistent with the City of Virginia Beach Landscaping Guide, shall be installed along the entire western base of the building visible from Princess Anne Road. d) The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained prior to occupancy of the structure. 6. Street frontage landscaping, consistent with the requirements of the City of Virginia Beach Landscaping Guide, shall be installed between the parking lot and Princess Anne Road. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the ffh day of July Two Thousand Twenty Five. July 8, 2025 R 1,0 Ate• o O 0 AG2 AG2 s;9 B2 A18 AG2 A'G2 B 1 AG 1 AG2 A.G�1 0 AG1 002 A18 B2 A18 AG1 N Heartsille Reynolds, Portia McGraw, Sharon McPherson, ® Site w E Edward Thomas, & Ronald Hayes, Property Polygons Trustees for Turning Point Church and Ministries, S Zoning formerly known as Agapae International Church Building Portion of 2641 Princess Anne Road Feet 0 4080 160 240 320 400 480 33 ITEM— V.K.2 PLANNING ITEMS ITEM#77356 Planning Items K.1, K.2 and K.3 were grouped together for a single vote with the following registered speakers providing comments one time on the same grouped items: Robert Beaman, 222 Central Park Avenue, Suite 2000,Attorney for the Applicant, spoke in SUPPORT Tom Luckman, President of West Neck Community Association, 3192 Gallahad Drive, Phone: 705-1789, spoke in OPPOSITION Mark Johnson, Back Bay Restoration Foundation, 1087 Horn Point Road, Phone: 435-3524, spoke in OPPOSITION Larry Walker, 2500 Calumet Drive, Phone: 427-1332, spoke in OPPOSITION Bobby Richardson, 2789 Nestlebrook Trail, spoke in OPPOSITION Terry Stevens, 312 Shad Lane, Phone: 647-4705, spoke in OPPOSITION Usha Eleswarapu, 1749 Champagne Circle, Phone:214-597-6728, spoke in OPPOSITION Venkat Eleswarapu, 1749 Champagne Circle, Phone: 469-803-7997, spoke in OPPOSITION Paul Towler, 3040 Heron Ridge Drive, Phone: 703-403-9153, spoke in OPPOSITION Christopher Petrakos, 2581 Sandpiper Road, Phone: 678-656-9628, spoke in OPPOSITION Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, spoke in OPPOSITION Gabriele Mack, 204 Sandbridge Road#308, Phone: 314-409-1457, spoke in OPPOSITION Tammy Yandamme, 3543 Winding Trail Circle, Phone: 339-6840, spoke in OPPOSITION Rick Boyles, Virginia Beach Council of Civic Organizations, 525 Suber Drive, spoke in OPPOSITION Kenneth McSpadden, Princess Anne Crossing Civic League, 2608 Cantwell Road, Phone: 540-538-5508, spoke in OPPOSITION Ted Quinter,Browningstone Condominium Association, 2803 Browning Drive, spoke in OPPOSITION David Konze, 3229 Gallahad Drive, Phone: 777-5030, spoke in OPPOSITION Diana Hicks, Chair TAIITA, 2129 General Booth Boulevard #103, Phone: 641-3900, spoke in OPPOSITION Donna Siller, 2725 Christopher Farms Drive, Phone: 724-2352, spoke in OPPOSITION Kim Mayo 1408 Bradford Road, Phone: 450-3011, spoke in OPPOSITION Jessica Windish, Phone: 648-5725, spoke in OPPOSITION After City Council discussion, Council Member Henley made a motion, seconded by Council Member Rouse, to DENY Planning Items K.1, K2 and K.3 Voting: 2—9 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley and Jennifer Rouse Council Members Voting Nay: Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick; Dr. Amelia N. Ross- Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 34 ITEM— V.K2 PLANNING ITEMS ITEM#77356 (Continued) Council Member Schulman then made a motion, seconded by Council Member Berlucchi, to APPROVE Planning Items K.1, K.2 and K.3 Voting: 9-2 Council Members Voting Aye: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley and Jennifer Rouse Council Members Absent: None APPROVED, AS MODIFIED, AS PROFFERED, application of KEELINGWOOD APARTMENTS, LLC/KEELINGWOODAPARTMENTS,LLC&SOUTHERN23,LLCfor a Modification o Pro ff ers to a Conditional Change of Zoning re separate the proffers applicable to the original phase development, known as Southern Pine, and the proposed development, known as the Silo at Southern Pine for the parcel directly Northwest of 2641 Princess Anne Road& 2520 Allie Nicole Circle DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KEELINGWOOD APARTMENTS, LLC / KEELINGWOOD APARTMENTS, LLC & SOUTHERN 23, LLC for a Modi ication of Proffers to a Conditional Change of Zoning re separate the proffers applicable to the original phase development, known as Southern Pine, and the proposed development, known as the Silo at Southern Pine for the parcel directly Northwest of 2641 Princess Anne Road& 2520 Allie Nicole Circle(GPINs: 1494534876& 1494546842)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(/)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`"day of July Two Thousand Twenty Five. July 8, 2025 KEELINGWOOD APARTMENTS, LLC, a Virginia limited liability company SOUTHERN23,LLC, a Virginia limited liability company, and TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia SECOND MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS SECOND MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement") is made as of this 31" day of March, 2025, by and between KEELINGWOOD APARTMENTS, LLC, a Virginia limited liability company ("Keelingwood", to be indexed as grantor); SOUTHERN23, LLC, a Virginia limited liability company ("Southern23", to be indexed as grantor) (Keelingwood and Southern23 hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, the Keelingwood is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1494-53-4876-0000 (the "Keelingwood Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, Southern23 is the current owner of that certain parcel containing approximately 6.3 acres located in the City of Virginia Beach, Virginia, identified by GPIN 1494-54-6842-0000 (the "Southern23 Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B; WHEREAS, the Keelingwood Property is currently subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between Franklin Johnston Group Management & Development, LLC, Trustees of First Lynnhaven Baptist Church, and Grantee, dated January 31, 2014, and recorded July 11, 2014 in the Clerk's Office GPIN Nos.: 1494-53-4876-0000 and 1494-54-6842-0000 Document Prepared By: Kimberly D.Shepherd,Esq. (VSB No.38702) Troutman Pepper Locke LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument Number 20140711000631540 (the"Original Proffers"); WHEREAS, the Original Proffers were amended in order to incorporate the Southern23 Property pursuant to the Modification of Proffered Covenants, Restrictions and Conditions by and between Franklin Johnston Group Management & Development, LLC, a Virginia limited liability company, Joyce Vandermel Wassum and Virginia Vandermel Pauley, Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014, Joyce Vandermel Wassum, Virginia Vandermel Pauley, Susan Vandermel Godwin, Amy Vandermel Shepard, William Everett Sawyer, Elgia L. Easter, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015, Grace Sawyer Woody, William E. Everett, Phyllis H. Sawyer, Keelingwood Apartments, LLC, a Virginia limited liability company, and Grantee, dated May 23, 2023, and recorded November 2, 2023 in the Clerk's Office as Instrument Number 202303042236 (the "Proffer Amendment"); WHEREAS, because the Southern23 Property has been re-zoned by the Virginia Beach City Council to a separate zoning classification, the parties hereto desire to (a) terminate the Proffer Amendment, (b) confirm the Southern23 Property is no longer subject to the Original Proffers or Proffer Amendment, and (c) confirm that only the Original Proffers (and not the Proffer Amendment)remain valid and in force with respect to the Keelingwood Property. NOW THEREFORE, the Grantors for themselves, and their respective successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction 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 declaration of conditions and restrictions,namely: 1. The Proffer Amendment is hereby terminated and of no further force and effect. 2. The Southem23 Property is no longer subject to the Original Proffers or the Proffer Amendment. 3. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Keelingwood Property. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach,Virginia, in force as of the date the modification of proffered covenants,restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantors and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written 2 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 subject property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204,which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantors shall petition to the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of page intentionally left blank. Signature pages to follow.] 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: KEELINGWOOD APARTMENTS, LLC, a Virginia limited liability company By: Z';Z& Name: Title: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumot was acknowledged befo me this 1 day of"CC LAn_, 20a5 , by -Js�[ DO who i personall nown to me or has produced as identification, in his acity as of Keelingwood Apartments, LLC, on behalf of the company. t Notary Public My Commission Expires: 0 Registration No. 3 �� [NOTARIAL SEAL/STAMP] GLORIA F HARRISON NOTARY PUBLIC REGISTRATION N 353976 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY28,2029 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: SOUTHERN23, LLC, a Virginia limited liability company By: Name: P Title: Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was sworn to and acknowledged before me this day of 20_a_5_, by W aLL cn in their c as Manager of SOUTHERN23, LLC, a Virginia limited li lity company. He is eit r personally known to me or has produced as identification. Witness my hand and official stamp or seal this 3IS� day of O(C- , 20-Q AA Notary Public (SEAL) My Conunission Expires: I�g aq ��J��J GLORIA FHARRISON Registration NUCllber: "I NOTARY PUBLIC REGISTRATION N 353975 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY28 2029 5 EXHIBIT A Legal Description of Keelingwood Property GPIN 1494-53-4876-0000 ALL that certain lot, piece or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, together with the appurtenances, riparian and other water rights thereto known and designated as "PARCEL B-1, GPIN: 14945348760000, 683,125 SQ. FT., 15.682 ACRES', on a plat entitled "Subdivision of Parcel `B' Courthouse Baptist Church (M.B. 246, Pg. 91), Princess Anne Borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20150623000581990, together with a 24 foot wide private ingress/egress casement running across Parcel A for the benefit of Parcel B as depicted on the plat recorded in Map Book 246 at page 91. TOGETHER WITH those certain rights, privileges and easements contained in the Declaration of Twenty-Four Foot Private Ingress and Egress Easement to benefit Parcel B recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia in Deed Book 3549, at page 1710 and shown on plat recorded in Map Book 246 at page 91. TOGETHER WITH rights of ingress and egress as provided by two certain Variable Width Public Ingress/Egress and Pedestrian Access Easements as shown on plat entitled "Resubdivision Plat of Courthouse Marketplace, Virginia Beach, Virginia," recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, as Instrument Number 200412220199793. IT BEING the same property conveyed to Keelingwood Apartments, LLC, a Virginia limited liability company, by deed from Eugene Rose, Dennis Crowder, Jesse J. Williams, Elliot F. Reynard and Joy A. Atkinson, Trustees of First Lynnhaven Baptist Church, dated June 19, 2015 and recorded June 24, 2015 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20150624000590680. 6 EXHIBIT B Legal Description of Southern23 Property GPIN: 1494-54-6842-0000 ALL THAT certain tract, piece or parcel of land in the City of Virginia Beach, Virginia consisting of 272,581 SQ. FT./6.258 AC. and described as "PARCEL IA" on that certain plat entitled "RESUBDIVISION PLAT OF PARCEL A (D.B. 2426, P. 496)AND PROPERTY OF WILLIAM E. AND PHYLLIS H. SAWYER (D.B. 1467, P. 532), VIRGINIA BEACH, VIRGINIA", dated November 10, 2023, and prepared by Timmons Group, recorded contemporaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. IT BEING the same property conveyed to Southern23, LLC, a Virginia limited liability company by Deed from Joyce Vandermel Wassum and Virginia Vandermel Pauley, Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014; Joyce Vandermel Wassum; Virginia Vandermel Pauley; Susan Vandermel Godwin; Amy Vandermel Shepard; William Everett Sawyer; Elgia L. Easter, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015; and Grace Sawyer Woody, dated December 13, 2023 and recorded December 22, 2023 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 202303049491. 7 FRANKLIN GROUP COMPANIES, a Virginia limited liability company, SOUTHERN23,LLC, a Virginia limited liability company, and HEARTSILLE REYNOLDS,PORTIA MCGRAW,SHARON MCPHERSON,EDWARD THOMAS,and RONALD HAYES,TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT (this "Agreement"), made this 27' day of March, 2025, by and between FRANKLIN GROUP COMPANIES, LLC, a Virginia limited liability company ("FGC", to be indexed as grantor); SOUTHERN23, LLC, a Virginia limited liability company ("Southern23", to be indexed as grantor); and HEARTSILLE REYNOLDS, PORTIA MCGRAW, SHARON MCPHERSON, EDWARD THOMAS, and RONALD HAYES, TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES ("Turning Point Church", and to be indexed as grantor) (FGC, Southern23, and Turning Point Church hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Southern23 is the current owner of that certain parcel containing approximately 6.3 acres located in the City of Virginia Beach,Virginia, identified by GPIN 1494- 54-6842-0000 ("Parcel A"), as more particularly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, Turning Point Church is the current owner of that certain adjacent parcel containing approximately 9.137 acres located in the City of Virginia Beach, Virginia, identified by GP1N 1494-64-1457-0000 ("Parcel B"), as more particularly described in Exhibit B attached hereto and incorporated herein by reference; and GPIN Nos.: 1494-54-6842-0000; 1494-64-1457-000(portion) Document Prepared By: Kimberly D.Shepherd,Esq. (VSB No.38702) Troutman Pepper Locke LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 WHEREAS, FGC, an affiliate of Southern23, is the current contract purchaser of that approximate 2.3-acre portion of Parcel B that is described in Exhibit C attached hereto and incorporated herein by reference (the "Additional Parcel") (Parcel A and the Additional Parcel hereinafter collectively referred to as the"Property"); and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from A18, AG and AG-2 to Conditional A18; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 Conditional A18 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A18 zoning district by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning,rezoning,site plan,building permit or subdivision approval,hereby make the following 2 declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns,grantees and other successors in interest or title,namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled"THE SILO,Conceptual Development Plan",dated April 1,2025, and prepared by Timmons Group(the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property,when developed,shall be in substantial conformity with the four sheet exhibit prepared by Cox, Kliewer & Company, P.C., entitled "The Silo at Southern Pine" and dated April 1, 2025 (the"Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. 3. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred (200). Not less than thirty-eight (38) percent of the total number of residential units developed on the Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. 4. Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "THE SILO, Conceptual Landscape Plan", and dated April 1, 2025 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review. 5. The final stormwater management plan submitted to the Development Services Center(DSC)during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). 6. The community identification sign(s) on the Property shall be a monument-style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. 7. The minimum setback from George Wythe Drive applicable to the buildings developed on the Property will be twenty feet(20')in lieu of the thirty feet(30')otherwise required under Section 602(d)(3) of the Zoning Ordinance. 8. The multifamily residential buildings on the Property,when developed, may be up to fifty-five feet (55') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 604(a)of the Zoning Ordinance. 3 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including(i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] 4 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIN GROUP COMPANIES, LLC, a Virginia limited liabi ' co y By: Name: cs Title: Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was sworn to and ack owl dged before me this �1S�day of 20 g , by their capacity as Manager of F IN GROUP COMPANIES, LLC, irginia limited liability company. He is either <fpersoDaq known to me or has produced as identification. Witness my hand and official stamp or seal this S� day of LACyr—A,\ 20_5 . Notary Public (SEAL) My Commission Expires: a a$ lag GLORIA F HARRISON ��^ NOTARY PUBLIC Registration Number:, "� REGISTRATION N363876 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY28 2029 5 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SOUTHERN23,LLC, a Virginia limited liabili company By: Name: Title: Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was sworn to and_=knowledged before me this day of 20_&&, by W, jj2�-LAV> -in their s Manager of SOUTHERN23, LLC, a Virginia limited liability company. He is eit1fr personall known to me or has produced as identification Witness my hand and official stamp or seal this22 ls+ day of 20A 2�� Notary Public (SEAL) My Commission Expires: 1A D (`,,� GLORIA FHARRISON REGISTRATION Registration Number: �/ NOTARY PUBLIC TRAT ON N 353975 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY28 2029 6 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TURNING POINT CHURCH ND MINISTRIES BY: HEA TSILLE REYNOLDS,Trustee STATE/COMMONWEALTH OF Vt�rg�,�1 a CITY/COUNTY OF V1,rj�,,,�a_ &A'to-wit: j The foregoing instrument was sworn to and acknowledged before me this) day of I�YZtNC,Q� ,20 2 5 ,by HEARTSILLE REYNOLDS, as Trustee of Turning Point Church and Ministries. S/He is either personally known to me or has produced --. as identification. Witness my hand and official stamp or seal this day of W &AA , 20,23 Notary Public My Commission Expires: 01 .31 Registration Number: 3 9 5 2 0 7 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TURNING POINT CHURCH AND MINISTRIES /7 �, BY: EDWARD THOMAS,Trustee STATE/COMMONWEALTH OF V CITY/COUNTY OF V'►!�L e,t a dt a4i,to-wit: The foregoing instrument was sworn to and acknowledged before me this a.fl'day of by "C4, , 20 2.5 , by EDWARD THOMAS, as Trustee of Turning Point Church and Ministries. S/He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this day of Me-A c.Q` , 20 ;.5 . Notary Public My Commission Expires: d 1 .31. 3 0 2 4e Registration Number: 3 3 92 5 2 0 8 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TURNING POINT CHURCH AND MINISTRIES BY: ROTWb HAYES, Truste STATE/COMMONWEALTH OF VLg1'k1,a.. CITY/COUNTY OF y t%r5►*; , k mck'to-wit: The foregoing instrument was sworn to and acknowledged before me this day of in&,tip, , 20 a r , by RONALD HAYES, as Trustee of Turning Point Church and Ministries. S/He is either personally known tome or has produced 1*3rtJ L;M Z tc Una;_ as identification. Witness my hand and official stamp or seal this a day of , 2095 . Notary Public My Commission Expires: 0 1. 3 l• 2c.2 Registration Number: 43 4 2 5 2 o 9 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TURNING POINT CHURCH AND MINISTRIES BY. M1 PORTIA MCCRAW, rustee STATE/COMMONWEALTH OF V CITY/COUNTY OFV � a �r 'Ot to-wit: The foregoing instrument was sworn to and acknowledged before me this apday of Mm c#% , 20_ej S , by PORTIA MCCRAW, as Trustee of Turning Point Church and Ministries. S/He is either personally known to me or has produced r tJcn;S Z,c 4_" t as identification. Witness my hand and official stamp or seal this day of M0,A cL 20 .15 Notary Public Qj My Commission Expires: O I. 3 l• 0.2 6 Registration Number:33 9 a 5 2 0 10 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TURNING POINT CHURCH AND MINISTRIES BY. SH RON MCPHERSON,Trustee STATE/COMMONWEALTH OF �a- CITY/COUNTY OF to-wit: The foregoing instrument was sworn to and acknowledged before me this 21'thday of IMAAc.Q, , 20_�_S , by SHARON MCPHERSON, as Trustee of Turning Point Church and Ministries. S/He is either personally known tome or has produced as identification. Witness my hand and official stamp or seal this -�2 �-b day of 'kq"A 20 A S . Notary Public My Commission Expires: C9 1 • 31- 2 0-U, Registration Number: �39 X 5 2 0 11 EXHIBIT A Legal Description of Parcel A GPIN: 1494-54-6842-0000 ALL THAT certain tract, piece or parcel of land in the City of Virginia Beach, Virginia consisting of 272,581 SQ. FT./6.258 AC. and described as "PARCEL 1 A" on that certain plat entitled "RESUBDIVISION PLAT OF PARCEL A(D.B. 2426, P. 496) AND PROPERTY OF WILLIAM E. AND PHYLLIS H. SAWYER (D.B. 1467, P. 532), VIRGINIA BEACH, VIRGINIA", dated November 10, 2023, and prepared by Timmons Group, recorded contemporaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. IT BEING the same property conveyed to Southern23, LLC, a Virginia limited liability company by Deed from Joyce Vandermel Wassum and Virginia Vandermel Pauley, Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014; Joyce Vandermel Wassum; Virginia Vandermel Pauley; Susan Vandermel Godwin; Amy Vandermel Shepard; William Everett Sawyer; Elgia L. Easter, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015;and Grace Sawyer Woody,dated December 13,2023 and recorded December 22, 2023 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 202303049491. 12 EXHIBIT B Legal Description of Parcel B GPIN: 1494-64-1457-0000 ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of Virginia Beach, Virginia, together with the buildings thereon and the appurtenances thereunto belonging, being known, numbered and designated as PARCEL A, as shown on that certain plat entitled, "Subdivision of Property of Courthouse Baptist Church of Virginia Beach, Virginia (D.B. 3482, P. 793), formerly property of William E. and Mildred E. Godwin, as shown on plat entitled 'Boundary Survey of Property of William E.and Mildred E.Godwin,and Seaboard Savings and Loan Association' (D.B. 2718, P. 304)", Princess Anne Borough, Virginia Beach,Virginia"prepared by John E. Sirine and Associates,Ltd.and dated July 15, 1995,which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 246, at Pages 91 and 92. LESS AND EXCEPT that certain portion of real estate containing 1.730 acres, more or less, conveyed to the Commonwealth of Transportation Commission of Virginia, by Certificate of Take recorded in the aforesaid Clerk's Office as Instrument Number 20071017001410450. IT BEING the same property conveyed to Agapae' International Church, formerly known as Agapae' World Outreach Center, a church, by Deed from Norman S. Smith, Leslie W. Smith, and Lonnie Glossin, Trustees for Courthouse Baptist Church,dated April 14, 1997, and recorded April 22, 1997 in the aforesaid Clerk's Office in Deed Book 3730, Page 1261. 13 EXHIBIT C Legal Description of Additional Parcel 12.3 acre Portion of GPIN: 1494-64-1457-00001 Beginning at a point located on the southern right-of-way of Princess Anne Road Thence, along said right of way S52°08'44"E a distance of 126.47 feet to a point; thence leaving said right of way of Princess Anne Road S02102'40"W a distance of 71.87 feet to a point; thence S40°54'38"W a distance of 159.81 feet to a point; thence S65°11'17"W a distance of 35.01 feet to a point; thence S44°00'47"W a distance of 320.28 feet to a point;thence N60°12'20"W a distance of 176.94 feet to a point; thence N44°00'47"E a distance of 267.64 feet to a point; thence N44018'45"E a distance of 328.19 feet to a point on the southern right of way line of Princess Anne Road said point being the true point and place of beginning. Containing 100,105 square feet or 2.298 acres. 14 ® 1I A>0 R1✓0 R p 11 � R10 w o Rip © AG2° d A � AG, AG1 AG2 B 1/ R 10S. Q0 AG2 AG2 o B2 0 AG1 02 B AG1 14 4 82 02 AG1 u i4G2 �2 N ® site Keelingwood Apartments, LLC W E Property Polygons Parcel directly northwest of 2641 Princess Anne Road S Zoning & 2520 Allie Nicole Circle Building Feet 0 80160 320 480 640 800 960 35 ITEM— V K.3 PLANNING ITEMS ITEM#77357 Planning Items K.1, K.2 and K.3 were grouped together for a single vote with the following registered speakers providing comments one time on the same grouped items: Robert Beaman, 222 Central Park Avenue, Suite 2000,Attorney for the Applicant, spoke in SUPPORT Tom Luckman, President of West Neck Community Association, 3192 Gallahad Drive, Phone: 705-1789, spoke in OPPOSITION Mark Johnson, Back Bay Restoration Foundation, 1087 Horn Point Road, Phone: 435-3524, spoke in OPPOSITION Larry Walker, 2500 Calumet Drive, Phone: 427-1332, spoke in OPPOSITION Bobby Richardson, 2789 Nestlebrook Trail, spoke in OPPOSITION Terry Stevens, 312 Shad Lane, Phone: 647-4705, spoke in OPPOSITION Usha Eleswarapu, 1749 Champagne Circle, Phone:214-597-6728, spoke in OPPOSITION Venkat Eleswarapu, 1749 Champagne Circle, Phone: 469-803-7997, spoke in OPPOSITION Paul Towler, 3040 Heron Ridge Drive, Phone: 703-403-9153, spoke in OPPOSITION Christopher Petrakos, 2581 Sandpiper Road, Phone: 678-656-9628, spoke in OPPOSITION Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, spoke in OPPOSITION Gabriele Mack, 204 Sandbridge Road#308, Phone: 314-409-1457, spoke in OPPOSITION Tammy Vandamme, 3543 Winding Trail Circle, Phone: 339-6840, spoke in OPPOSITION Rick Boyles, Virginia Beach Council of Civic Organizations, 525 Suber Drive, spoke in OPPOSITION Kenneth McSpadden, Princess Anne Crossing Civic League, 2608 Cantwell Road, Phone: 540-538-5508, spoke in OPPOSITION Ted Quinter,Browningstone Condominium Association, 2803 Browning Drive, spoke in OPPOSITION David Konze, 3229 Gallahad Drive, Phone: 777-5030, spoke in OPPOSITION Diana Hicks, Chair TAIITA, 2129 General Booth Boulevard #103, Phone: 641-3900, spoke in OPPOSITION Donna Siller, 2725 Christopher Farms Drive,Phone: 724-2352, spoke in OPPOSITION Kim Mayo 1408 Bradford Road, Phone: 450-3011, spoke in OPPOSITION Jessica Windish, Phone: 648-5725, spoke in OPPOSITION After City Council discussion, Council Member Henley made a motion, seconded by Council Member Rouse, to DENY Planning Items K.1, K2 and K.3 Voting: 2—9 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley and Jennifer Rouse Council Members Voting Nay: Michael F.Berlucchi, Stacy Cummings,Mayor RobertM.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 36 ITEM— V.K.3 PLANNING ITEMS ITEM#77357 (Continued) Council Member Schulman then made a motion, seconded by Council Member Berlucchi, to APPROVE Planning Items K.1, K2 and K.3 Voting: 9-2 Council Members Voting Aye: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross- Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley and Jennifer Rouse Council Members Absent: None APPROVED, AS PROFFERED, application of FRANKLIN GROUP COMPANIES, LLC / HEARTSILLE REYNOLDS/PORTL4 MCGRAW/SHARON MCPHERSON/EDWARD THOMAS/ RONALD HA YES/TRUSTEES FOR TURNING POINT CHURCHAND MINISTRIES,FORMERLY KNOWNASAGAPAE INTERNATIONAL CHURCH&SOUTHERN23 LLCfor a Conditional Change of Zonin from A-18 Apartment District and AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District with a Workforce Housing Overlay District re develop and add 24 additional units for a parcel directly Northwest of 2641 Princess Anne Road and a portion of 2641 Princess Anne Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FRANKLIN GROUP COMPANIES,LLC/HEARTSILLE REYNOLDS /PORTIAMCGRAW/SHARONMCPHERSON/EDWARD THOMAS /RONALD HAYES/TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH&SOUTHERN23LLCfora Conditional Change of Zoning from A-18 Apartment District and AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District with a Workforce Housing Overlay District re develop and add 24 additional units for a parcel directly Northwest of 2641 Princess Anne Road and a portion of 2641 Princess Anne Road (GPIN.• 1494546842 &portion of 1494641457)DISTRICT 2 July 8, 2025 37 ITEM— V.K.3 PLANNING ITEMS ITEM#77357 (Continued) 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 8m day of July Two Thousand Twenty Five. July 8, 2025 iAL,BEAc w - s City of Virg r�;a Beach Zo�99'F8 0�0 2, Op OUR NAT10N`' VBpv.mn ROBERT W."WORTH"REMICK CELL: kO aov.c 55 COUNCIL MEMBER EMAIL:WRemidl�Dvbov.com DISTRICT 6 File No. 0096332 July 8, 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 Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: l. I am executing this written disclosure regarding the application of Franklin Group Companies, LLC ("Franklin Group") for a conditional rezoning of property located directly northwest of 2641 Princess Anne Road and a portion of 2641 Princess Anne Road. 2. Franklin Group is a client of Colliers International Virginia, LLC ("Colliers"). 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. 3. I do not personally provide services to Franklin Group, and the City Attorney's Office has advised me that the Act provides that I may participate in the City Council's consideration of this application. 4. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs.Amanda Barnes -2- July 8,2025 Re: Disclosure Pursuant to Virginia Code§2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, orth e ick Councilmember RWR/RRI ° RN10 RIO 0 o AG2 o ° �ON o O o AG2 B�2 A'G2 AG1 A.G�1 AG2 0 AG1 0 02 A18 AG:1 B�2 N ® site Franklin Group Companies, LLC W E Property Polygons Parcel directly northwest of 2641 Princess Anne Road 5 Zoning & portion of 2641 Princess Anne Road Building Feet 0 4080 160 240 320 400 480 38 ITEM— i!K.4 PLANNING ITEMS ITEM#77358 Planning Items K 4, and K.5 were grouped together for a single vote with the following registered speakers providing comments one time on the same grouped items: Robert Beaman, 222 Central Park Avenue, Suite 2000,Attorney for the Applicant, spoke in SUPPORT Greg Grubbs, 1309 Glen Burnie Court, Phone: 804-347-1825, spoke in OPPOSITION Dennis Gronseth, 1300 Glen Burnie Court, spoke in OPPOSITION Ellis Brooks, 2317 Newstead Drive, Phone: 779-4675, spoke in OPPOSITION After City Council discussion, Vice Mayor Wilson made a motion, seconded by Council Member Schulman, to APPROVE Planning Items K.4 and K.5 Voting: 10- 1 Council Members Voting Aye: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley Council Members Absent: None APPROVED, AS MODIFIED, AS CONDITIONED, application of VIRGINIA BEACH BEACON BAPTIST CHURCHfor a Modification of Conditions to Conditional Use Permit re religious use at 2301 Newstead Drive DISTRICT 5 (Deferred from June 17, 2025) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINL4 BEACH BEACON BAPTIST CHURCH for a Modification of Conditions to Conditional Use Permit re religious use at 2301 Newstead Drive (GPIN.• 2414167704) DISTRICT 5 (Deferred from June 17, 2025) The following conditions shall be required: 1. All previous conditions attached to the Conditional Use Permit approval of November 9, 1987, and the Modification of Conditions approval of November 27, 2007 shall be voided and replaced with the following conditions below. July 8, 2025 39 ITEM— V.K.4 PLANNING ITEMS ITEM#77358 (Continued) 2. The total lot area of the Religious Use is 2.5 acres. This lot area is a deviation to the three- acre minimum lot area required by the City Zoning Ordinance. 3. The church site shall be developed in substantial conformance with the submitted conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn, which has exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. There shall be no curb cuts on Nimmo Parkway. 5. The location of the existing modular trailers on site shall remain as depicted on the conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn. 6. Applicant shall obtain all required permits and inspections from the Department of Planning & Community Development Permits and Inspections Division and the Fire Marshal's Office. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy of all buildings on site. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 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 8`h day of July Two Thousand Twenty Five. July 8, 2025 B I � R7I5 2 0 � 0 0 P Q i arkw mo, ,pa � R�2'0 a 1 Q a 01, R20 0 N ® site Virginia Beach Beacon Baptist Church W+- J, Property Polygons & CFT NV Developments, LLC S Zoning Portion of 2301 Newstead Drive Building iFeet 0 4080 160 240 320 400 480 40 ITEM— V.K.5 PLANNING ITEMS ITEM#77359 Planning Items K.4, and K.5 were grouped together for a single vote with the following registered speakers providing comments one time on the same grouped items: Robert Beaman, 222 Central Park Avenue, Suite 2000,Attorney for the Applicant, spoke in SUPPORT Greg Grubbs, 1309 Glen Burnie Court, Phone: 804-347-1825, spoke in OPPOSITION Dennis Gronseth, 1300 Glen Burnie Court, spoke in OPPOSITION Ellis Brooks, 2317 Newstead Drive, Phone: 779-4675, spoke in OPPOSITION After City Council discussion, Vice Mayor Wilson made a motion, seconded by Council Member Schulman, to APPROVE Planning Items K 4 and K 5 Voting: 10- 1 Council Members Voting Aye: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley Council Members Absent: None APPROVED,AS PROFFERED,application of CFT NV DEVELOPMENTS,LLC/VIRGINL4 BEACH BEACON BAPTIST CHURCH for a Conditional Changeo 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(Deferred from June 17, 2025) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CFT NV DEVELOPMENTS, LLC / VIRGINIA BEACH BEACON BAPTIST CHURCH for a Conditional Change o Zonin 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 (GPIN.• 2414167704)DISTRICTS(Deferred from June 17, 2025) July 8, 2025 41 ITEM— V.K.5 PLANNING ITEMS ITEM#77359 (Continued) 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(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`h day of July Two Thousand Twenty Five. July 8, 2025 VIRGINIA BEACH BEACON BAPTIST CHURCH,a Virginia nonstock corporation; and CFT NV DEVELOPMENTS,LLC,a Nevada limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT (this "Agreement"), made this 10 day of _ f , 2025, by and between VIRGINIA BEACH BEACON BAPTIST CHURCH, a Virginia nonstock corporation ("VBBBC", to be indexed as Grantor); CFT NV DEVELOPMENTS, LLC, a Nevada limited liability company, ("CFT NV", to be indexed as Grantor) (VBBBC and CFT NV hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee", and to be indexed as Grantee). WITNESSETH: WHEREAS, VBBBC is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 2414-16-7704-0000, as more particularly described in the attached Exhibit A, attached hereto and incorporated herein by reference (the "Overall Parcel"); and WHEREAS, CFT NV is the contract purchaser of that portion of the Overall Parcel described on the attached Exhibit B (the"Property"); and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-20 to Conditional B-2;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including various purposes at a variety of densities, through zoning and other land development legislation; and GPIN No. 2414-16-7704-0000 Document Prepared By: Robert P.Beaman III,Esq.(VSB No. 74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach,VA 23462 WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn (the "Concept Plan"), incorporated herein by reference, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the 2 Virginia Beach Department of Planning and incorporated herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review. 2. The quality of architectural design and materials of the commercial building construed on the eastern portion of the Property (as shown on the Concept Plan), when developed, shall be in substantial conformity with the entry, side, drive through, and rear elevation exhibits, consisting of 4 sheets, dated May 1, 2024, and prepared by NewGround (the "Elevations"), incorporated herein by reference, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. 3. The commercial building construed on the western portion of the Property(as shown on the Concept Plan), when developed, shall be constructed using a comparable quality of materials and a compatible architectural style to that shown on the Elevations. 4. The hours of operation for the restaurants developed on the Property shall be from 9:00 a.m. to 11:00 p.m. each day. Dumpsters located on the Property may only be emptied between the hours of 8:00 a.m. and 8:00 p.m. each day. 5. Each freestanding signage located on the Property shall be monument style, a maximum of eight(8)feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. b. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantors and Grantee. 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: VIRGINIA BEACH BEACON BAPTIST CHURCH,a Virginia noes corporation ° e: PAST RU LL ROBERTSON Title: PRESIDENT 4 By: Z� Name: BEN CHAPOItLL Title: CHAIRMAN,BOARD OF DIRECTORS �C ONWEALTH/STATE OF Vry ..f�""a 'OUNTY OF.._ f/i rr Gu a 'w .to-wit: The foregoing instrument was swom to and acknowledged before me this /Q day of y i/ ,2025,by Pastor Russell Robertson,in his capacity as President of Virginia Beach Beacon Baptist Church, a Virginia nonstock corporation. He is personally known to me or has produced V'+ opt-wilt A_2lrude as identification. Witness my hand and official stamp or seal this !U day of A0 N ,2025. •• s •. l OTARY •:• My Commission 441 w r (�/ �T Not Public 0 • PUBLIC Z REG.#7082772 •'• Registration Number: O 7 7 7 h '• MY COMMISSION — — 2i' EXPIRES 2j•; pSl31/2027 COMMONWEALTH/STATE OF Vr� r v k , _ /COUNTY OF r to-wit: '•.....`/1111.1• [`�� The foregoing instrument was swom to and acknowledged before me this /d day of A` n� , 2025,by Ben Chappell,in his capacity as Chairman of the Board of Directors of Virginia each Beacon Baptist Church, a Virginia nonstock corporation. He is personally known to me or has produced VA" 0kr Vt.11- /+cam as identification. Witness my hand and official stamp or seal this /O day of +�+? 2025. (7 o11111111111// �� L) •••••,� Notary Public My Commission Expires: t . V; NOTARY PUBLJG .! 4 w O • REG.#7MISSION Z •• i MY EXPIRES OB13112027 .`',� ` fw fA LT; 11111 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: CFT NV DEVELOPMENTS,LLC, a Nevada limited liability company B -. -11 -.� PA\tVA Lv Title: Approv s to Form by COMMON LT NTY OH/STATE OF CITY/COU to-wit: The foregoing r -trument was sworn to and acknowledged before me this day of 2025, by in his/her capacity as of CFT NV Developments,LLC, a Nevada limited liability comp y. He/she is either personally known to me or has produced 'dentification. Witness my hand and officials or seal this day of 2025. Notary Public (SEAL) My Commission Expires: Registration Number: PUSE 5EE ATTNULD 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of L- S A01E On R 111 M125 before me, MIRY A f WNVZ- , r,3t)('tkV-Y F(A HA C Date Here Insert Name and Title of the Officer personally appeared (?AVID L U O Name()of Signer( who proved to me on the basis of satisfactory evidence to be the.person(sj' whose name( Is re su scribed to the within instrument and acknow ged to me that(he/§he/they executed the same in Is. i er/their authorized capacity(iq4,and that by er/their signature s)on the instrument the person), the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph AMY ANWAR is true and correct. COMM.#2468881 rn WITNESS my hand and official seal. Z NOTARY PUBLIC•CALIFORNIA n W ` LOS ANGELES COUNTY ~ MyCMMEXPi Mt*a30,2027 Signature__ Signature of N tary ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: A C,R tuEf-IT Document Date: Number of Pages: Signer(s) Other Than Named Above: vKZ6na(mow REA(ON AAXIS[ CgUCtl Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer— Title(s): ❑Partner — ❑Limited ❑General ❑Partner— ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attomey in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other. Signer Is Representing: Signer Is Representing: 02015 National Notary Association -www.NationaiNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT A GPIN No. 2414-16-7704-0000 Legal Description ALL THAT certain tract, piece or parcel of land, situated in Princess Anne Borough of the City of Virginia Beach, Virginia, and designated as "Church Site II, Area = 5.00 Acres" on that certain plat entitled"SUBDIVISION OF CHURCH SITE II AT RED MILL FARM, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated July, 1987, made by Basgier and Associates, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2696, at pages 1009 and 1010,reference to which plat is hereby made for a more particular description of the property. 6 EXHIBIT B Metes and Bounds of a Portion of Parcel GPIN: 2414-15-7704-000 Church Site II(M.B. 2696, PG. 1009) N/F VIRGINIA BEACH BEACON BAPTIST CHURCH COMMENCING at a point at the southwesterly intersection of Nimmo Parkway and Newstead Road whose Northing is 3446811.218 and whose Easting is 12212000.340; being the true POINT OF BEGINNING; thence bearing S 15' -53' -49" W a distance of 381.32 feet; thence bearing N 74' -6' -11" W a distance of 318.49 feet; thence bearing N 15' -53' -49"E a distance of 395.72 feet;thence along a curve to the RIGHT, having a radius of 3760.72 feet, a delta angle of 041 33' 17.3", and whose long chord bears S 75' -29' -46.2" E a distance of 298.89 feet; thence along a curve to the RIGHT, having a radius of 20 feet, a delta angle of 89' 06' 29.09", and whose long chord bears S 28'-39' -53" E a distance of 28.07 feet to a point which is the true POINT OF BEGINNING, having an area of 127,237 square feet±,2.50 acres±,more or less. 7 42 ITEM— V K.6 PLANNING ITEMS ITEM#77360 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,AS CONDITIONED,BY CONSENT,application ofSTARLING BESS ENERGY,LLCfor a Street Closure re approximately 29,601 square feet of an improved right-of-way known as Windy Willow Court DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA STARLING BESS ENERGY,LLC for a Street Closure re approximately 29,601 square feet of an improved right-of--way known as Windy Willow Court (GPINs: 1495251787, 1495265319, 1495260302, & 1495363419) DISTRICT 2 The following conditions shall be required: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public utility easement around the existing water main and a public drainage easements are subject to approval of the Department of Public Utilities and the Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. Contemporaneously with the recordation of the resubdivision plat, a one foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at the approved entrance to the site. 4. The street closure shall not be finalized unless all owners ofparcels abutting the proposed closure area participate in the resubdivision plat, or the Applicant has acquired ownership of all such abutting parcels. 5. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of the Circuit Court. July 8, 2025 43 ITEM— VX 6 PLANNING ITEMS ITEM#77360 (Continued) 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107()9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8th day of July Two Thousand Twenty Five. Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 1 ORDINANCE APPROVING APPLICATION OF 2 STARLING BESS ENERGY, LLC FOR THE 3 CLOSURE OF APPROXIMATELY 29,601 SQ. FT. OF 4 AN IMPROVED RIGHT-OF-WAY KNOWN AS WINDY 5 WILLOW COURT 6 7 WHEREAS, Starling BESS Energy, LLC, a Delaware limited liability company 8 (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have 9 the hereinafter described improved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said improved right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described improved right-of-way (the "Right-of-Way") be 21 discontinued, closed and vacated, subject to certain conditions being met on or before 22 one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and described as 26 "DENOTES WINDY WILLOW COURT (50' RNM PROPOSED TO 27 BE CLOSED, AREA=29,601 SF OR 0.680 AC", and shown as the 28 cross-hatched area on that certain exhibit plat entitled: "EXHIBIT 29 SHOWING WINDY WILLOW COURT PROPOSED TO BE 30 CLOSED (MB 128, PG 8) VIRGINIA BEACH, VIRGINIA", Scale: 31 1"=100', dated April 9, 2025, prepared by MSA, a copy of which is 32 attached hereto as Exhibit A. 33 34 SECTION II 35 36 The following conditions must be met on or before one (1) year from City 37 Council's adoption of this ordinance: 38 39 1. The City Attorney's Office shall make the final determination regarding 40 ownership of the underlying fee. The purchase price to be paid to the City shall be 41 determined according to the "Policy Regarding Purchase of City's Interest in Streets 42 Pursuant to Street Closures," approved by City Council. Copies of the policy are 43 available in the Planning Department 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPM: 1495-25-1787, 1495-26-5319, 47 1495-26-0302 & 1495-36-3419 48 2. The Applicant shall resubdivide the property and vacate internal lot lines to 49 incorporate the closed area into the adjoining property. The resubdivision plat must be 50 submitted and approved for recordation prior to the final street closure approval. Said 51 plat shall include the dedication to the City of Virginia Beach of a public utility easement 52 around the existing water main and a public drainage easement over the existing 53 stormwater pipe adjacent to Dam Neck Road, which easements are subject to approval 54 of the Department of Public Utilities and the Department of Public Works, respectively, 55 and the City Attorney's Office, and which easements shall include a right of reasonable 56 ingress and egress. 57 58 3. Contemporaneously with the recordation of the resubdivision plat, a one 59 foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at 60 the approved entrance to the site. 61 62 4. The street closure shall not be finalized unless all owners of parcels 63 abutting the proposed closure area participate in the resubdivision plat, or the Applicant 64 has acquired ownership of all such abutting parcels. 65 66 5. The Applicant shall verify that no private utilities exist within the Right-of- 67 Way proposed for the closure. If private utilities do exist, easements satisfactory to the 68 utility company must be provided and shall be recorded after the final resubdivision plat 69 is recorded with the Clerk of the Circuit Court. 70 71 6. Closure of the Right-of-Way shall be contingent upon compliance with the 72 above stated conditions within 365 days of approval by City Council. If the conditions 73 noted above are not accomplished and the final plat is not approved for recordation 74 within one year of the City Council vote to close the Right-of-Way this approval shall be 75 considered null and void 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before July 7, 2026, this 80 Ordinance will be deemed null and void without further action by the City Council. 81 82 2. If all conditions are met on or before July 7, 2026, the date of final closure 83 is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the underlying 86 fee, the City Manager or his designee is authorized to execute whatever documents, if 87 any, that may be requested to convey such interest, provided said documents are 88 approved by the City Attorney's Office. 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 93 VIRGINIA BEACH as "Grantor" and STARLING BESS ENERGY, LLC, as "Grantee." 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day 95 of J u 1 y , 2025. 96 97 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 98 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ul. Planning Department City Attorney CA16721 R-1 June 25, 2025 Exhibit A ti h w �\ DENOTE5 WINDY WILLOW COURT (50' R/W) N/F PROP05ED TO BE CL05ED, AREA=29,601 5F OR kfN0Y hfLOW FAE,15 LC n 0.600 AC LOT 22 (MB 12B, PCB B) Nlr QPIN 105-26-0302 \ \ ARLffN COHfN, 7k'5llTff \"" 20' HRSD EASEMENT MNOfR THE CONfN fXbYPT S8?. c' �(D.B. 1402, PG. 398) i`l4RITAL T2U5T o�S3F N \ (INST 201209 OfODI0II630) `ss8 `� \ (MB IZB, /V B) C#0IN 105-26-5319 AP LOCATION OF G� \ 5TARLIN�'FA2M LLC Nlr VEPCOO POLE LINE EASEMENT \ OF UNSPECIFIED WIDTH \ 2f5IDUAL PAkCEL B (D.B. 1733, PG. 303) \ s \ O6• (MB 197 P4'23) \ 9 -g/ \ \ (MB 206 N 77) C#01N 1495-36-3f19 20' PUBLIC DRAINAGE \ \ EASEMENT (M.B. 128, PG. 8) 20' PUBLIC \ WINDY WILLOW COURT DRAINAGE EASEMENT (MB 128, PG 8)(DB 2912, PG 765)(MB 197, PG 23) (M.B. 128, PG. 8) (DB 2912, PG 757)(MB 19 , PG 20) I I I ��25' VEPCO EASEMENT N/F N N (DB 2890, PG 1846) 5TARLINC� FA,PM LLC O° p0 PA2CfL A � � (i`1B 197, PC, 20) � MB 2557, Pq 604) 'T' VAR. WIDTH PUBLIC DRAINAGE SPIN 105-25-17,67 N16'45'56"E I I j EASEMENT (DB 2912, PG 765) & 44.23' rn o VAR. WIDTH VEPCO EASEMENT (DB VAR. WIDTH PUBLIC DRAINAGE EASEMENT oo_ (-4 2890, PG 1846) (M.B. 197, PG. 20)(DB 2912, PG 757) 15' VEPCO EASEMENT 15' VEPCO EASEMENT \ / (DB 2890, PG 1854) (DB 2890, PG 1845)� (DB 2890, PG 1876) C1 N:3,455,648.05 S7314'29"E � E:12,192,516.79 48.17' N:12,19 696.51 E: 192,621.75 DAM NECK ROAD VAR. WIDTH R/W (MB 128, PG 7)(DB 2912, PG 765)(MB 197, PG 23) (DB 2912, PG 757)(MB 197, PG 20) 0' 100' 5EE 5HEET 2 OF 2 FOR NOTE5 AND CURVE TABLE. 1" = 100' EXHIBIT SHOWING WINDY WILLOW COURT �pyTH op�f PROPOSED TO BE CLOSED p 'F� (MB 128, PG 8) ARGINIA BEACH, VIRGINIA OJEFFREY J. AERRETHEP" DATE:4 9 2025 Lic. No. 2306 DWN BY.CJS MSA 4/9/2025 CHECKED BY: JJV (qN0 v��Q ENGINEERS I SURVEYORS SCALE:1" = 100' SUR 5032 ROUSE DRIVE,SUITE 200 1 VIRGINIA BEACH,VA 23462 IIJOB# 17004E 757.490.9264 1 MSAONLINE.COM SHEET: 1 OF 2 NOTE5: 1. TH15 EXHIBIT WA5 CREATED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THEREFORE MAY NOT SHOW ANY/ALL EASEME.W5 OR RE5TRICTION5 THAT MAY AFFECT 5AID PROPERTY A5 SHOWN. 2. TH15 EXHIBIT DOES NOT CON5TITUTE. A BOUNDARY 5URVEY OR 5UBDM51ON OF LAND. PROPERTY LINE5 WERE E5TABLL511E1) FROM RECORDED PLAT5 AND DE.ED5. 3. THE PURP05E OF TH15 EXHIBIT 15 TO 5HOW THE 5TREET CL05URE OF WINDY WILLOW COURT. 4. NORTH MERIDIAN SHOWN HEREON 15 BASED ON VIRgNIA STATE PLANE COORDINATE 5Y5TEM, 5OUTH ZONE NADL33/93 HARN. COORDINATE VALUES AND LE.NGTH5/Dl5TANCE5 5HOWN ARE EXPRE55ED IN U.5. 5URVEY FEET. CURVE TABLE CURVE RADIUS LENGTH BEARING CHORD DELTA TANGENT Cl 1,355.24' 115.64' S6512'45"W 115.61' 4'53'20" 57.86' C2 187.49' 118.18' N45'54'37"W 116.38' 36'09'39" 61.21' C3 50.00' 36.14' N85'50'04"W 35.36' 41'24'35" 18.90' C4 50.00' 229.35' N25'38'51"E 75.00' 262'49'18" 56.69' C5 50.00' 36.14' S44'27'38"E 35.36' 41'25'03" 18.90' C6 237.49' 149.70' S4555'58"E 147.23' 36'06'57" 77.43' 4LYNHAVEN PARR W � B--"""' SHIPPS B LEVARD CORNER ROAD SFM DRAKESMILE N ROAD HOLLAND ROAD DAM NECK ROAD SOUTH ROSEMONT OA LOCATION MAP - SCALE: 1" = 2,000' EXHIBIT SHOWING WINDY WILLOW COURT Q'I'TH pF Gf PROPOSED TO BE CLOSED (MB 128, PG 8) Z VIRGINIA BEACH, VIRGINIA U JEFFREY J. VIERRETHER a \ DATE:4/9/2025 Lic. No. 2306 "L 1 DWN BY:CJS 4/9/2025 t MSA CHECKED BY: JJV SCALE:1" = NA <�/vo SUR ENGINEERS I SCIENTISTS I SURVEYORS JOB 17004E 5032 ROUSE DRIVE,SUITE 200 I VIRGINIA BEACH,VA 23462 757.490.9264 1 MSAONLINE.COM SHEET: 2 OF 2 44 ITEM— VK.7 PLANNING ITEMS ITEM#77361 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, application of STARLING BESS ENERGY, LLC/ARLEEN COHEN/ COHEN EXEMPT MARITAL TRUST/WINDY WILLOWS FARMS LC for a Conditional Change of Zoning from R-7.5 Residential District to I-1 Light Industrial re property located at 1688 Windy Willow Court,parcel directly Southwest of 1688 Windy Willow Court, and parcel directly East of 1688 Windy Willow Court DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA STARLING BESS ENERGY, LLC /ARLEEN COHEN / COHEN EXEMPT MARITAL TRUST/ WINDY WILLOWS FARMS LC for a Conditional Change of Zoning from R-7.5 Residential District to I-1 Light Industrial re property located at 1688 Windy Willow Court, parcel directly Southwest of 1688 Windy Willow Court, and parcel directly East of 1688 Windy Willow Court (GPINs: 1495251787, 1495265319, 1495260302, & 1495363419) DISTRICT 2 This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`"day of July Two Thousand Twenty Five. Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 45 ITEM— V K 8 PLANNING ITEMS ITEM#77362 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of STARLING BESS ENERGY,LLC/ STARLING FARM, LLC /ARLEEN COHEN / COHEN EXEMPT MARITAL TRUST/ WINDY WILLOWFARMSLCfor a Conditional Use Permit re operate a battery energy storage system DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA STARLING BESS ENERGY, LLC / STARLING FARM, LLC / ARLEEN COHEN/COHEN EXEMPT MARITAL TRUST/WINDY WILLOW FARMS LC for a Conditional Use Permit re operate a battery energy storage system (GPINs: 1495251787, 1495265319, 1495260302, & 1495363419)DISTRICT 2 The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "AMERICAN POWER VENTURES, LLC — STARLING FARM BESS PROJECT 80MWI320MWH BESS, PRELIMINARY SITE PLAN, DRAWING NUMBER CSK1-1, prepared by POWER ENGINEERS, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning& Community Development for review and ultimate approval that is in substantial conformance to the conceptual landscape plan entitled "CONCEPTUAL LANDSCAPE PLAN—PROPOSED FOR STARLING FARMS, SHEET LP ", prepared by MSA, dated May 05, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. As depicted on the Conceptual Landscape Plan, the existing mature trees and vegetation shall remain on site in the designated areas. Clearing of trees shall be kept to the absolute minimum necessary to operate the battery storage facility.If trees are removed in the buffer area, they shall be supplemented with plantings to satisfy Category VI buffer requirements. 4. When developed, a photometric plan for the property shall be provided as part of the final site plan submittal.All exterior lighting shall be no taller than fourteen (14)feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 5. The proposed eight-foot-tall composite style fence shall be insubstantial conformance with the fence rendering depicted on the conceptual landscape plan referenced in Condition 2. July 8, 2025 46 ITEM— V.K8 PLANNING ITEMS ITEM#77362 (Continued) 6. When the project ceases to operate, a full site decommissioning shall take place to include the removal and proper disposal of equipment and facilities within 365 days following the date of final operation unless it is extended upon request of and approval by the City Council. The batteries on the site; however, shall be disconnected from the electrical grid and unplugged from any power source at the beginning of the decommissioning process. 7. An engineer's report detailing the cost to decommission and remediate the site shall be submitted and reviewed with the site plan, and a bond or letter of credit to the satisfaction of the City Attorney's office, in the amount determined by the engineer's report, shall be posted with the CiU of Virginia Beach, prior to site plan release. The bond or letter of credit will be held until the decommissioning is complete and the site is returned to a natural state. 8. An emergency action plan shall be submitted during final site plan review, as required by the Fire Chief of the City of Virginia Beach. 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 ffh day of July Two Thousand Twenty Five. Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 AGAIL m or -VIA 11x l t 1l w; 1 �0�1 Rx7.5 12 I' 1�1 D�aWN_e_ck__Road— 11 11 11 7.5 Starling BESS Energy, LLC N ® site 1688 Windy Willow Court, W E Property Polygons parcel directly west of 1688 Windy Willow Court, S Q Zoning parcel directly southwest of 1688 Windy Willow Court, 0 Building & parcel directly east of 1688 Windy Willow Court Feet 0 80160 320 480 640 800 960 47 ITEM— V.K9 PLANNING ITEMS ITEM#77363 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS PROFFERED, BY CONSENT, application of BH CYPRESS POINT MF DEVELOPMENT, LLC for a Conditional Change_of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re redevelop the existing Cypress Point Shopping Center into a mixed- use development to include multi family dwellings as well as office and retail space at 928 Diamond Springs Road and 1025 Heatherwood Drive DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BH CYPRESS POINT MF DEVELOPMENT, LLC for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re redevelop the existing Cypress Point Shopping Center into a mixed-use development to include multi family dwellings as well as office and retail space at 928 Diamond Springs Road and 1025 Heatherwood Drive(GPINs: 1468453483, 1468552330)DISTRICT 9 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 81h day of July Two Thousand Twenty Five. Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 BH CYPRESS POINT MF DEVELOPMENT,LLC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT (this "Agreement"), made this 28' day of February, 2025, by and between BH CYPRESS POINT MF DEVELOPMENT, LLC, a Virginia limited liability company ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the"Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of those certain parcels located at (1) 928 Diamond Springs Road, Virginia Beach, Virginia, identified by GPIN Number 1468-45-3483- 0000; and (2) 1025 Heatherwood Drive, Virginia Beach, Virginia, identified by GPIN Number 1468-55-2330-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference(collectively,the"Property"); and WHEREAS,Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional B-4; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 Conditional B-4 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN Nos.: 1468-45-3483-0000 1468-55-2330-0000 Document Prepared By: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Pepper Locke LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantor,for themselves,their successors,assigns,grantees,and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their heirs,personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Development Plan Cypress Point Virginia Beach, Virginia", dated February 27, 2025, and prepared by AES Consulting Engineers (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. 2 2. When developed,the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled"Conceptual Landscape Plan Cypress Point Virginia Beach, Virginia", dated February 27, 2025, and prepared by AES Consulting Engineers (the"Conceptual Landscape Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. 3. The quality of architectural design and materials of the residential buildings constructed on the Property,when developed, shall be in substantial conformity with sheets 01-03 of the exhibit entitled"Concept Elevations", dated February 28, 2025, and prepared by Housing Studio (the "Conceptual Elevation"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. 4. The quality of architectural design and materials of the commercial buildings constructed on the Property,when developed, shall be in substantial conformity with sheets 04-05 of the Conceptual Elevation. 5. Buildings on the Property that are located within one hundred feet (100') of residentially zoned adjacent parcel(s) will be permitted to be up to forty (40') in height, in lieu of the thirty-five feet(35') otherwise permitted under Section 904(b)of the Zoning Ordinance. 6. The maximum lot coverage by buildings and parking on the Property, excluding recreational buildings and surfaces,will be eighty percent(80%)in lieu of the seventy-five percent (75%) otherwise permitted under Section 902(e)(7) of the Zoning Ordinance. 7. The number of residential units located on the Property,when developed, shall not exceed a total of three hundred sixty-five (365), of which, up to three-hundred forty-three (343) may be multifamily residential units. For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property, seven percent(7%)of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjusted for family size.The property owner or manager shall,upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. 3 8. Any new freestanding signs located on the Property (in addition to the two (2) existing freestanding signs) will be monument style, no larger than eight feet (8') in height, and will be constructed of materials compatible with those used for the buildings located on the Property. 9. The following pedestrian connections located within the parking area/drive-aisles on the Property (substantially as shown on the Concept Plan) shall consist of at-grade colored or stamped concrete: (a)cross-walks between the multifamily residential buildings developed on the Property and the existing sidewalks located within the surrounding Wesleyan Drive, Diamond Springs Road, and Fallbrook Bend public rights-of-way, and (b) cross-walk between the commercial/office uses located on the Property and the easternmost multifamily residential building located on the Property. 10. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach,Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including(i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 4 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BH CYPRESS POINT MF DEVELOPMENT, LLC,a Virginia limited liability company BY: BOYD CORPORATION, its Manager By: Name: Its: SLAT-/COMMONWEALTH OF -�`�.ti� CITY/Gebff Y OF y��,.�..� ,to-wit: ,,� r The foregoing instrument was sworn to and acknowledged before me this � 'day of 2025, by 95,a40 , in his/her capacity as of Boyd Corporation,Manager of BH Cypress Point MF Development,LLC, a Virginia limited liability company. He/She is either personally known to me or has produced evidence of identification. . ^ Witness my hand and official stamp or seal this�a day of � � ,2025. Notary Pub (SEAL) p,�tuuuuprnq,� My Commission Expires: AAt,h\ ,y Registration Number: 4JS�� =_o 4�,+ •O' ' a � O i o a �2,• cis+ r o P �'r+nrnuu►,a," 5 EXHIBIT A Legal Description of Property Parcel I: GPIN 1468-45-3483-0000 (928 Diamond Springs Road): ALL THAT CERTAIN PARCEL OF LAND LOCATED IN THE BAYSIDE BOROUGH, CITY OF VIRGINIA BEACH,VIRGINIA AND KNOWN AS PARCEL D-1 AS SHOWN ON PLAT ENTITLED "SUBDIVISION OF PARCEL D, SUBDIVISION OF CYPRESS POINT NORTH(D.B. 2734,P. 606- 614), BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE: 1" = 60'," DATED OCTOBER, 1988, REVISED JANUARY 24, 1989, PREPARED BY JOHN E. SHUNE AND ASSOCIATES, LTD. AND RECORDED IN MAP BOOK 192, AT PAGE 31 AND 32 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A X-MARK IN THE EASTERLY RIGHT OF WAY LINE OF DIAMOND SPRINGS ROAD AT ITS INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF FALLBROOK BEND;THENCE WITH THE SOUTHERLY RIGHT OF WAY LINE OF FALLBROOK BEND THE FOLLOWING 4 COURSES AND DISTANCES: THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 20.01. A LENGTH OF 31.42' AND A CHORD BEARING AND DISTANCE OF N4704112911E 28.35'TO A DRILL HOLE FOUND;THENCE S87°1846"E 186.65'TO A DRILL HOLE FOUND; THENCE N75°04'49"E 33.10' TO A DRILL HOLE FOUND; THENCE S87°18'11"E 280.05' TO AN IRON ROD FOUND; THENCE LEAVING FALLBROOK BEND S02041134"W 257.70'TO AN IRON ROD FOUND;THENCE S74031'50"E 586.89'TO AN IRON ROD FOUND;THENCE S15026'49"W 357.05'TO A MAG NAIL FOUND;THENCE N74°33'11"W 190.05' TO A MAG NAIL FOUND; THENCE S15027'09"W 161.4l' TO A DRILL HOLE FOUND IN THE NORTHERLY RIGHT OF WAY LINE OF WESLEYAN DRIVE;THENCE WITH THE NORTHERLY RIGHT OF WAY LINE OF WESLEYAN DRIVE N8504013411W 51.01'TO A DRILL HOLE FOUND IN SAID NORTHERLY RIGHT OF WAY LINE OF WESLEYAN DRIVE; THENCE N15026'49"E 171.17' TO A MAG NAIL FOUND; THENCE N74033'12"W 195.03' TO A MAG NAIL FOUND; THENCE SI5°26'49"W 163.63'TO AN IRON ROD FOUND IN THE NORTHERLY RIGHT OF WAY LINE OF WESLEYAN DRIVE; THENCE WITH THE NORTHERLY RIGHT OF WAY LINE OF WESLEYAN DRIVE THE FOLLOWING 3 COURSES AND DISTANCES: WITH A CURVE TO THE LEFT HAVING A RADIUS OF 273.501,A LENGTH OF 3.36'AND A CHORD BEARING AND DISTANCE OF N63025'1111W 3.36'TO AN IRON ROD FOUND; THENCE CONTINUING WITH A CURVE TO THE LEFT HAVING A RADIUS OF 326.50' AND A LENGTH OF 65.41' AND A CHORD BEARING AND DISTANCE OF N68048'11"W 65.35' TO AN IRON ROD FOUND; THENCE N74033'11"W 220.32'TO AN IRON ROD FOUND; THENCE N77003'1 I"W 57.25'TO AN IRON ROD FOUND;THENCE LEAVING WESLEYAN DRIVE N02041'29"E 210.50'TO AN IRON ROD FOUND; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 10.00', A LENGTH OF 15.71' AND A CHORD BEARING AND DISTANCE OF N420 18'11"W 14.21'TO AN IRON ROD FOUND; THENCE N87°18'11"W 216.95' TO AN IRON ROD FOUND IN THE EASTERLY RIGHT OF WAY LINE OF DIAMOND SPRINGS ROAD: THENCE WITH THE EASTERLY RIGHT OF WAY LINE OF DIAMOND SPRINGS ROAD THE FOLLOWING 4 COURSES AND DISTANCES: NO2°41'29"E 187.69' TO AN IRON ROD FOUND; THENCE WITH 6 A CURVE TO THE RIGHT HAVING A RADIUS OF 471.75%A LENGTH OF 75.32'AND A CHORD BEARING AND DISTANCE OF N07015'49"E 75.26', THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 471.75', A LENGTH OF 75.32' AND A CHORD BEARING AND DISTANCE OF N07015'49"E 75.26'TO AN IRON ROD FOUND; THENCE NO2°41'34"E 130.05'TO THE POINT OF BEGINNING. TOGETHER WITH THE PERPETUAL NON-EXCLUSIVE RIGHT(AS DEFINED BY INSTRUMENT RECORDED IN DEED BOOK 2758,PAGE 1808)TO USE THE"COMMON AREAS"ON PARCEL E OF CYPRESS POINT NORTH SUBDIVISION (DEED BOOK 2734, PAGE 606 ET SEQ), AS SUCH COMMON AREAS EXIST FROM TIME TO TIME, FOR ACCESS, INGRESS AND EGRESS, INCLUDING THE PASSAGE OF VEHICULAR AND PEDESTRIAN TRAFFIC, AND FOR THE OTHER PURPOSES FOR WHICH SUCH COMMON AREAS ARE INTENDED (OTHER THAN PARKING). TOGETHER WITH THE NON-EXCLUSIVE RIGHT, PRIVILEGE AND EASEMENT TO USE THE "COMMON AREAS" (AS DEFINED BY INSTRUMENT RECORDED IN DEED BOOK 2780, PAGE 506, AS AMENDED BY INSTRUMENT RECORDED IN DEED BOOK 2840, PAGE 1456, DEED BOOK 3444, PAGE 1683,AND INSTRUMENT NUMBER 20131212001427290), ON PARCEL F, G-1, H-1 AND K (PER SUBDIVISION RECORDED IN DEED BOOK 2734, PAGE 606 ET SEQ AS AMENDED BY SUBDIVISION IN MAP BOOK 190,PAGE 92,AND MAP BOOK 192,PAGES 31 AND 32,AND FURTHER AMENDED BY MAP BOOK 251,PAGES 85 AND 86)AS SAME EXISTS FROM TIME TO TIME ON SUCH PARCELS, FOR ACCESS, INGRESS AND EGRESS, INCLUDING THE PASSAGE OF VEHICULAR AND PEDESTRIAN TRAFFIC,AND FOR THE OTHER PURPOSES FOR WHICH SUCH COMMON AREAS ARE INTENDED. Parcel II: GPIN 1468-55-2330-0000 (1025 Heatherwood Drive): ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, TOGETHER WITH THE BUILDINGS AND IMPROVEMENTS THEREON, AND THE APPURTENANCES THEREUNTO BELONGING, LYING, SITUATE AND BEING THE CITY OF VIRGINIA BEACH,VIRGINIA AND BEING KNOWN NUMBERED AND DESIGNATED AS PARCEL A, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "SUBDIVISION OF PARCEL G-1 AND PARCEL H-1, CYPRESS POINT NORTH FEBRUARY 28, 1996, BAYSIDE BOROUGH,VIRGINIA BEACH, VIRGINIA", WHICH SAID PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 251, AT PAGE 85, TO WHICH REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. 7 B2 k-Lib D o 0 \---I --Be nd R10 ° _ Fallbrook _ _ O 0 El 1 [� O O O oa � o R10 O o , oR10 � O yip C O� Cj kO!'Y 00 0 o O ,2 O 41 ._� o IoV L' �, o 0 �WY eSII an fir. , O ® Site w �; BH Cypress Point MF Development, LLC Property Polygons � s Zoning 928 Diamond Springs Road & 1025 Heatherwood Drive Building Feet 0 4080 160 240 320 400 480 48 ITEM— V.K.10 PLANNING ITEMS ITEM#77364 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,AS CONDITIONED,BY CONSENT,application of AMANDA MATTHEWS/VILLAGE CHURCH for a Conditional Use Permit re child care education center at 4013 Indian River Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AMANDA MATTHEWS/ VILLAGE CHURCH for a Conditional Use Permit re child care education center at 4013 Indian River Road(GPIN.- 1474623633)DISTRICT 2 The following conditions shall be required: 1. The hours of operation for the Child Care Education Center shall be 6:00 a.m. to 6:00 p.m.,Monday through Friday. 2. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Should said license be terminated or expire, the property owner shall notify the Department of Planning within thirty(30) days or termination or expiration. 3. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Off ce for use of the building as a Child Care Education Center. 4. The ultimate occupancy load shall be subject to the approval of the Building Official's Office, as required by applicable building codes, and as noted on the Certificate of Occupancy and posted by the Fire Marshal. 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 8`h day of July Two Thousand Twenty Five. Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 qj� O 10 017 O ° R15 O N Site J . Property Polygons 4013 Indian River Road Amanda Matthews w 5 0 Zoning Building Feet 0 2040 80 120 160 200 240 49 ITEM— V.K.11 PLANNING ITEMS ITEM#77365 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of HOPE, CARE & LOVE HOME HEALTHCARE SERVICES, LLC/HOLLAND OFFICE PARK,LLC for a Conditional Use Permit re adult daycare center at 464 South Independence Boulevard, Suites 104& 106 DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HOPE, CARE & LOVE HOME HEALTHCARE SERVICES, LLC/ HOLLAND OFFICE PARK,LLC for a Conditional Use Permit re adult daycare center at 464 South Independence Boulevard, Suites 104 & 106 (GPIN.• 1476599625)DISTRICT 3 The following conditions shall be required: 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 464 S.Independence Boulevard, Suites 104& 106. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed forty-seven (47)or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 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 8`h day of July Two Thousand Twenty Five. Voting: I1 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 �14G1�IA-B� d�� City of Virginia B��ch U f y0 a+bq qfs e4. OF OUR NATO,, YBgov "n ROBERT W."WORTH"REMICK CELL:(757)840-5855 COUNCIL MEMBER EMAIL:WRemick(awbcov.com DISTRICT 6 File No. 0096364 July 8, 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 Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Hope, Care & Love Home Healthcare Services, LLC for a conditional use permit for property owned by Holland Office Park, LLC and located at 464 South Independence Boulevard, Suites 104 and 106. 2. Holland Office Park, LLC is a client of Colliers International Virginia, LLC ("Colliers"). 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. 3. I do not personally provide services to Holland Office Park, LLC, and the City Attorney's Office has advised me that the Act provides that I may participate in the City Council's consideration of this application. 4. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs.Amanda Barnes -2- July 8,2025 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Since ely, lorth Remi k Councilmember RWR/RRI Vq Jq 2 101 011 O �z � I eo\ B�2 B N Site Hope, Care & Love Healthcare Services, LLC W Property Polygons 464 S. Independence Boulevard, Suites 104 & 106 S Zoning Building Feet 0 2040 80 120 160 200 240 50 ITEM— V JU2 PLANNING ITEMS ITEM#77366 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of GARTH GILLESPIE / GARTH CHRISTUN GILLESPIE for a Conditional Use Permit re short term rental at 52122"d Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GARTH GILLESPIE / GARTH CHRISTIAN GILLESPIE for a Conditional Use Permit re short term rental at 521 22"d Street (GPIN: 2417987538)DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 52122nd Street, 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(Zoning Administration)before using the dwellingfor 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 or as approved by City Council. 4. All required parking spaces, including offsite spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short-Term Rental occupants at all times. 5. 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 units) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. 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. 7. No events associated with the Short-Term Rental shall be permitted with more than the allowed number ofpeople 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. July 8, 2025 51 ITEM— VX 12 PLANNING ITEMS ITEM#77366 (Continued) 8. 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. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to note 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. 10. 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. 11. 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short-Term Rentals. 14. 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 Zoning Administrator, that identifies the property as a short-term rental and provides the telephone numbers for the Short-Term Rental Hotlines in text large enough to be read from the public street. 15. The Short-Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. July 8, 2025 52 ITEM— Y.K.12 PLANNING ITEMS ITEM#77366 (Continued) 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 18. 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). 19. 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. July 8, 2025 53 ITEM— V.K.12 PLANNING ITEMS ITEM#77366 (Continued) 20. 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. 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 8�h day of July Two Thousand Twenty Five. Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 a R5 , . ad .OR i ---�� d street N ® Site W E Garth Gillespie Property Polygons s Zoning ' 521 22nd Street Building Feet 0 510 20 30 40 50 60 54 ITEM— V.K.13 PLANNING ITEMS ITEM#77367 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of DIANE ONG for a Conditional Use Permit re short term rental at 927 Pacific Avenue, Unit B& 905 Pacific Avenue, Unit A DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DIANE ONG for a Conditional Use Permit re short term rental at 927 Pacific Avenue, Unit B & 905 Pacific Avenue, Unit A (GPINs: 24272444111155, 24272444111150)DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 905 Pacific Avenue, Unit A and 927 Pacific Avenue, Unit B, 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(Zoning Administration)before using the dwellingfor 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 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. July 8, 2025 SS ITEM— V.K.13 PLANNING ITEMS ITEM#77367 (Continued) 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. 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. 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 Zoning Administrator, that identifies the property as a short-term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short-Term Rental shall have no more than one(1)rental contractfor every seven (7) consecutive days. July 8, 2025 56 ITEM— V.K.13 PLANNING ITEMS ITEM#77367 (Continued) 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 underwritten by insurers acceptable to the City. 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. July 8, 2025 57 ITEM— V.K.13 PLANNING ITEMS ITEM#77367 (Continued) 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. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`h day of July Two Thousand Twenty Five. Voting: 11 - 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, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 8, 2025 1 �+ t) R5S OR ----____� Steeet i J Norfolk Aven gth ue _--- N ® Site t�, � i. Diane Ong Property Polygons 905 Pacific Place, Unit A Zoning Building Feet 0 1530 60 90 120 150 180 tre S OR \ �• R5S G � -- reet 0 ° k A N �OjSt venue N Site w � i. Diane Ong Property Polygons S y Zoning 927 Pacific Place, Unit B Building Feet 0 1530 60 90 120 150 180 58 ITEM— V L APPOINTMENTS ITEM#77368 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION HEALTH SERVICES AD VISOR Y BOARD HISTORIC PRESERVATION COMMITTEE HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN RE VIE W BOARD MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARYBOARD SOCIAL SER VICES AD VISOR Y BOARD STORMWATER APPEALS BOARD TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE July 8, 2025 59 ADJOURNMENT ITEM#77369 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 8:41 P.M. Terri . helius Chief Deputy City Clerk AffVnJa Barnes, Robert M.Dyer City Clerk Mayor City of Virginia Beach Virginia July 8, 2025