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AUGUST 12, 2025 FORMAL SESSION MINUTES
S OF OUR NAI'V' VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Vrginia AUGUST 12, 2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,August 12, 2025, at 1:30 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 2 CITY COUNCILS BRIEFINGS HAMPTONROADS TRANSIT LAND REQUEST ITEM#77370 1:31 P.M. Mayor Dyer welcomed Amanda Jarratt, Deputy City Manager. Ms. Jarratt 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.Jarratt for the presentation. August 12, 2025 w. HRT Corporate Landing Development Proposal City Council — August 12, 2025 Amanda Jarratt, Deputy City Manager CITY OF VIRGIN'I A Purpose • Provide a background of the Hampton Roads Transit (HRT) Development Proposal for a Bus Operations Facility in Corporate Landing Business Park • Review the requested development agreement terms between HRT and The City of Virginia Beach Development Authority (VBDA) Disclosures • Applicant — Hampton Roads Transit, William Harrell President, Sibyl Pappas, Chief Engineering Officer • Legal Services — Williams Mullen, Stephen Romine • Architect — Dills Architects, Clay Dills • Engineer — STV, Inc., Eric Nelson • Landscape Architect — Rhodeside & Harwell, Inc. • Broker — Colliers International, Ken Benassi 3VP Proposal Background HRT approached the City and VBDA in 2021 with interest in developing a new $64 million 1 Southside Bus Operating Division Facility p g Y The facility would utilize offshore wind J ''. 9 purchased through Dominion Energy to power _ _ _ the facility, buses and create 120 jobs • The existing HRT Parks Avenue facility at the Resort is no longer meeting the system's needs and would allow for regional transit system growth • The development was proposed to be AMP ONjffi A N r$ completed by the end of 2024 • In June 2023 HRT received a $25 Mil grant from the FTA for the facility 4 VB Proposed Sale Background VBDA (Corporate Landing Business Park Owner) approved a resolution to sell 11 acres to HRT in Sept. 2021 for the facility on the following terms: • HRT was to purchase 11 acres from VBDA at $200,000/acre or appraised value • HRT had until October 2022 to complete their due diligence and close on the property • HRT was responsible for any infrastructure improvements necessary for its project other than road access and 60% impervious coverage stormwater treatment 5 VB Proposed Sale Background Continued t14 AC • All deadlines for the VBDA 2021 resolution to - sell have expired • No final agreement was reached between the parties in accordance with the sale terms . o • A binding purchase agreement was never executed • An option agreement was never proposed or discussed in order for HRT to control this property while different sale terms were negotiated 6 M� Proposed FacilityConsiderations • The facility would require City y ' Council Approval of (2) CUPS and Modification of Corporate Landing Proffers for reduced o setbacks: 4� �111■1 i. The Maximum Building and Paved Area Coverage for the o Property shall be 85% rather " +• R _.,_� _,moo `- than 65% ii. The rear property line setbacks shall be 10 ft. rather 2022 HRT Bus Facility Conceptual Site Plan than 30 ft. iii. The side yard setback on the Southern boundary of the Property shall be 5 ft. rather than 15 ft. 7 V6 Alternative Sale Terms Proposed Declined • Changed terms and expired deadlines rendered September 2021 VBDA Resolution inoperative. New approval required to proceed. • In early 2024 HRT requested VBDA consider permitting enhanced use of its regional stormwater management system over the 60% impervious cover treatment VBDA would typically provide " 6 • HRT offered $13,000 initially to have up to 2024 HRT Bus Facility Conceptual Site Plan 85% of its runoff accommodated and then increased its offer to $400,000 • VBDA has never offered this to any other Corporate Landing Business Park user, and in December 2024, declined to agree to this request for a non-tax-paying entity 8 VS Current Situation • All deadlines for the VBDA 2021 resolution to sell have expired • No final agreement was reached between VBDA and HRT in accordance with the sale terms • A binding purchase agreement was never executed between .� VBDA and HRT • VBDA is actively marketing the site for development opportunities • VBDA and City staff have communicated to HRT that they are happy to assist in identifying a suitable alternative location in Virginia Beach for the bus facility 9 � Questions? 10 3 CITY COUNCILS BRIEFINGS TIP FUND ANALYSIS ITEM#77371 2:34 P.M. Due to time constraints, the presentation was re-scheduled to August 19, 2025 August 12, 2025 4 CITY COUNCIL'S BRIEFINGS 333 LASUNROAD PROPOSED SALE TERMS ITEM#77372 2:35 P.M. Mayor Dyer welcomed Emily Archer, Deputy Director—Economic Development. Ms. Archer expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms.Archer for the presentation. August 12, 2025 333 Laskin Road = Term Sheet for the Sale. of CityProperty Emily Archer, Economic Development Deputy Director City Council Briefing, August 12, 2025 Purpose • Provide background of the RFP for the former Papa Johns - ° building at 333 Laskin Road ,s r • Review the negotiated Terms for Sale for 333 Laskin Road • 1 M- • Seek Council direction on next - - a" ste ps y _ y _ �N I rt4YM 333 Laskin Road00 - „ r ` t • Ownership: City of Virginia Beach ,� • Lessee: Papa Johns to relocate f • Pro ert : 0.327 Acres 14 246 SF - 333 �� AI " �� p v / , T • Purchased : � as p April 29 2011 art of the p Laskin Road Gateway Project, Phase 1-A (CI P 2-143) road project, for $1,427,000 ► ' ' • January 2023 Appraised Value: $1,680,000 4� • Zoned : OR • City Council District: 6 'r 333 Laskin Road — RFP Process • Council directed an RFP be issued in Spring 2024 following multiple separate requests for purchase received by Public Works Real Estate • RFP issued for 60 days: December 1, 2024 — February 3, 2025 • Publicized : • Virginian Pilot Legal Ad, Virginia eProcurement Marketplace • Economic Development Website, www.yesvirginiabeach.com/rfp • Direct Distribution via email to Economic Development/PW Real Estate List • Sign on Property • Two responses received • Review Committee convened : February 2025, one recommended for acceptance and advancement • Council Closed session briefings: March 2025 (direction to negotiate) & June 2025 (review of sale terms) 4 VB Laskin Road LLC Disclosures • Applicant: VB Laskin Road LLC PROJECT DEVELOPERSJG Properties • Representatives Ashley Wiltshire, Daniel Shiff, Andrew Shiff, & Stacey Singer • SJG Properties — Ashley Wiltshire, Managing Member • E135 Capital — Daniel Shiff, Chief Investment Officers 2 „r • The BrodyFamily Brody 1 The Ace Apartments(Richmond,VA) The Brody(Bethesda,MD) • Accounting: Toole Katz & Roemersma LLP • Architect: Poole & Poole \a 7\t111�j"��'Injt Ulli � _ • Engineer: Timmons Group , • Legal Services: Troutman Pepper — Rob Beaman The Southern Building(Washington.DQ Hudson&Desoto(Washington,DQ VB Laskin Road LLC Proposal Concept a • 215 multifamily Baskin Rd _ n apartment units (5-6 stories) _�.--^` COMMERCIPU AND AMENRY i • Approx. 20,000 SF of ground floor commercial D COURiY ARD COURttARD 3oth �2 St '}' and amenities _. ram. • 330-space parking deck • Estimated capital 1"' A investment: $64 Mil 1, 5-STONY PARKING DECK • Anticipated timeline: 22 — 24 Months after .. �u receipt of building permits v._ 30tn 5t n, E.`ED: bb 47im rn m sir ]� NW w r C � O 0 ON WON rt Ala - 14e L.n� �i. { 1 WpNitRa: g . rs �4 ro VB Laskin Road LLC Proposal Zoning Analysis • 301h %2 St. incorporated — a Alley closure will require Baskin Rd City Council Approval ... COMMfRCIPI PND PMENNY i and agreement from �.. neighbors • Corner utility easements _ POD --3oth �Z St COURTYARD �• COUtTYARD will need to be addressed - - - "-__ - . • • • Parking structure h . t h 330=IA setback on 30 St to be _.5 5"0I1Y . addressed • 75' Ht Requirement met • Parking Requirements Sot" St met VB Laskin Road LLC Proposal 20-Year Fiscal Impact Analysis REVENUE Real Estate $26,849,629 • * * Existing retail space on Restaurant** - commercial property effectively utility** - offsets the anticipated retail BPOL 2-yr exempt** - • Project is estimated to General Sales** - generate an annual average of Sale of 333 Laskin Road $1,500,000 $1,278,554 in new real estate Total $28,049,629 EXPENDITURES taxes per year Expenditures - Nominal Difference $28,049,629 New Present Value $17,532,461 Avg. Annual Real Estate Revenue $1,278,554 Proposed Sale Terms For Consideration • Developer to purchase 333 Laskin Road & City's 30 %2 St Alley Easement for $1.5 Million • A 180 day due diligence period prior to closing isoil , proposed for further site investigation m - • Purchase price could be reduced up to $300,000 for �M 4 utility easements that would impede the construction )kk U of structures once confirmed by survey • City to retain approval rights to project scope • City to demolish the existing structure • Developer to provide evidence of satisfactory financing • Developer responsible for any necessary utility relocation • City can recapture property if construction has not commenced within three years of closing Proposed Next Steps 1. Public Hearing and Public Comment on Proposed Sale — August 19tn 2. City Council vote on the Term Sheet and to authorize the development and execution of sale documents — September 2nd iscussion r , � 5 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#77373 2:44 P.M. Mayor Dyer welcomed Kaitlen Alcock, Planning Administrator and Kevin Kemp, Zoning Administrator. Ms. Alcock expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms. Alcock and Mr. Kemp for the presentation. August 12, 2025 , N , w PLANNING ITEMS AUGUST 1211 & 19T" CITY COUNCIL MEETINGS AUGUST 12, 2025 SUMMARY — August 12th 16 Planning Items Scheduled for City Council's Consideration ITEM 1: Kevin L. Sullivan Trust • Subdivision Variance (Section 4.4(b) of Subdivision Virginia Beach Residences,LLC Regulations) • Recommended for Approval by Planning Commission & StaffMelinda Lynn I Hall f Virginia Beach Vi,LLC ITEM 2: Andrea Morris • Modification of Conditions (Outdoor Recreational Facility) Andrea Morris • Recommended for Approval by Planning Commission & Staff 10 ITEM 3: Hall of Virginia Beach VI, LLC • Modification of Conditions (Motor Vehicle Sales & Service) • Recommended for Approval by Planning Commission & Staff ITEM 4: Virginia Beach Residences, LLC • Modification of Proffers • Recommended for Approval by Planning Commission & Staff 2 VB SUMMARY — August 12th 16 Planning Items Scheduled for City Council's Consideration ITEM 5: Jeffrey & Karin Barret • Conditional Use Permit (Residential Kennel) • Recommended for Approval by Planning Commission & Staff ITEM 6: Lavar Hyman • Conditional Use Permit (Car Wash Facility) • Recommended for Approval by Planning Commission & Staff ITEM 7: Tint Daddy of Virginia Beach, LLC • Conditional Use Permit (Automobile Repair Garage) • Recommended for Approval by Planning Commission & Staff ITEM 8: Malinda Lyon • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff 3 VB SUMMARY — August 12th 16 Planning Items Scheduled for City Council's Consideration ITEM 9: JE & JK LTD, LLC • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEM 10: Debbie Anderson • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEMS 11, 12, 13, 14, 15, & 16: City of Virginia Beach • Ordinances • Recommended for Approval by Planning Commission & Staff 4 VP ITEM 1 - KEVI N L. SULLIVAN TRUST City Council: District 2 (Henley) Location: 3840 Dawley Road SUBDIVISION VARIANCE (Section 4.4(b) of Subdivision Regulations) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 5 '�,r .OI.a roN .iw.v....... ,•wrl,IXaL•IK • . • . • • • • M� FYI YwwY,n �Y ruwoain,d Kt Vt \ C IMLata/l en ran Yr. _ ,„,M1�4Rw b O•n^5•NlV•M.dME,�' a«Yrr,Yap n,I n,.F+r ,n,na+M lnd,nNauwnnr�vw.s„d M,q,t _„N,.I/M � Wr�Ad N/ �,u„W.'i!n!I • • . • • • • • ITIII/.A tl.11a116 6 ---r T ' • • . • • • SUBDIVISION PLAT c OF ,... .. w,.w.,�'r'"'as .Y.`!ro'• ,u� I! LOT&A- _ AS SHOWN ON RESUB1DIVISION OF ca,.Yworan.a 1., ,.00ao._......_.._..._.... !"`M1iO'"0'11M11"'�•f0 - � LOT B-A AND SITE-H-1' ...1..........,._._. IINSTgU1.1ENT X122070W073j _... VIRGINIA BEACH.VIRGINIA awMalw•r,,,r —�ao1el,Iv,n,w— o'�saair w• swwl .:�._. MARCH 28.2025 GAMY SNEEf 20f2 1 ITEM 1 - KEVI N L. SULLIVAN TRUST Several properties on Dawley Road are substandard in width 6 letters of support received from 4 neighboring properties • 1 letter of opposition i • stated all subdivisions should meet Zoning Ordinance; cannot subdivide -- their own property Support (6) 7 Opposition (1) /� KEVIN L. SULLIVAN TRUST 17 ITEM 2 - ANDREA MORRIS City Council: District 3 (Berlucchi) Location: 701 Lynnhaven Parkway 01 IMF SABREST LN FERRY FARM BOWLING GREEN OR CO • , , � .. MODIFICATION OF CONDITIONS (Outdoor Recreational Facility) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval s VB ITEM 2 - ANDREA MORRIS • Modification of Conditions to a Conditional Use Permit (Outdoor Recreational Facility) for inflatable attractions Ak' • Request to extend operating months to include October and W TT-1 x _ November Hours of Operation: Friday — 3:00 p.m. — 7:00 p.m., Saturday & Sunday — 11:30 a.m. — 7:00 p.m. i Al Close at sunset when operating in fall ANDREA MORRIS 19 J" LE(D , 2 'URF/SX5T AREA •+,. 4 ; • r„Jy ' 0 6ENERATOR f, \ sJ *{'Jp''rr.�`� • - 10CET BOOTH ARK ''�' t �#, • • • • • • • • PEiiIMEIER FEWE-6 a LIRLLIATION j_. I� '� I •� �� �� �1n,f j� E' �e`r� • • jj.'.C��mC55 vN5 S:MI TRAL6-R i��.wta»,�.. ;"'+rJ'Yr E ..<H. �Pt,.t�" !t al.• w-� 6 m `` III _ = • • - • • 1 "rn 1 • • • • • • • t p �6 Council:City . - Location: 1875 & 1877 Laskin Road and the parcel directly south of 621 Village Drive A $ > m DEARgORN OR s.WESTMINST ER LN A � STEVE LN "� n - m _ '� KAREN IN p � - A BZ r :, o �SKhN RD S p ODNNAO�,... h ,,•• 'T. yRGIN1A ENC'�-S z n GARDEN DR < 1 �^ to N Z A � � MODIFICATION (Motor Vehicle Sales & Service) Staff Recommends Approval Planning Commission • - • 10 to 0 to recommend Approval • • • • n a, �fi ITEM 3 — HALL OF VIRGINIA BEACH VI, LLC Hall Toyota Lot Expansion Option - Underground BMP 249 parking spaces proposed WIdn Road 'Aronia Beach,VA ® 15-foot landscape buffer WE proposed adjacent to the residential properties to the south; includes vinyl privacy . ;IIIIIII y IV 1 I J 1� �� 1 fence 1 r�l NI 1 1 i —1 amp � • Delivery truck traffic to use the Laskin Road access J It co�oaooaoaoo oA�a00000napAg0000000000c�oo 0000e;;� 0 • Use of outdoor speaker/paging system prohibited No known opposition HALL OF VIRGINIA BEACH VI, LLC 13 46 Council:ITEM 4 - VIRGINIA BEACH RESIDENCES LLC City • • • Location: 1276 Baker Road & vacant parcel north of 1276 Baker Road P SN4 � 051 �4,�0 Q4 THUR STON AVE B,y�beR WDOOC . = I �O B: WPR�`t O C J/ HT 82 MODIFICATION OF PROFFERS" Staff Recommends Approval Planning Commission • - • 10 to 0 to recommend Approval ITEM 4 - VIRGINIA BEACH RESIDENCES, LLC • Modification of Proffers for 14.6-acre, A-36 zoned property; located in the Burton Station Strategic Growth Area • In 2022, a Conditional Rezoning request was approved to allow for the development of up to 524 apartment units 41 • Applicant seeks to amend the 2022 proffers to alter the site layout and reduce the apartment units from 524 to 375, resulting - - 4 in an overall density of 25.68 units per acre VIRGINIA BEACH RESIDENCES, LLC 1 15 V6 FXTFRX7R MATERIAL LEGEND �tEruwaacr ITEM 4 - VIRGINIA BEACH RESIDENCES LLC MASONRY , Development • • ■�� EXTERIOR ELEVATION-CARPORT-YYEST MIlERAL FBER CEMEN6111�1;1. T 5 multifamily residential w� ■�:oo �{�p L 19W� r¢' y� nF�(TERIOR ELEVATON-CARPORT-SOUTH 3 EXTERIOR ELEVATION-BUILDINGI-SOIJPH COURTYARD buildings maintenance building ROOFNG n EXTERIOR ELEVATON-GARAGE-NORTH - .- garage Carports distributed throughout rl EXTERIORELEVATION-GARAGE•FAST Z EXIERIDR ELEVATION-BUILDING 7•NORTH COURTYARD • site eormrxe mmrw[ FI9FACEI:EMIAP SIPNG ,�„EXTE1_OR ELEVATIDN-6tAINTENANCE-1OIITFI AspwL7 slams AsairFlc7rt sxl ®Ira Maximum building height of 70 ® feet,' b complies with maximum o EXTERIOR ELEVATION•MAMTENANCE-YYEST £ ffi -. "-...- 1 • • height • permitted • • • vlevr+-ce�rrt vua �ua�uxc n EXTERIOR ELEVATION•MAINTENANCE•NORTH /1 EXTERIOR ELEVATIDN•8U1DNG 1-EAST CWRTYARD VIRGINIA BEACH RESIDENCES, LLC 16 ITEM 4 - VIRGINIA BEACH RESIDENCES, LLC • 15-foot-wide landscape buffer proposed along the north, south, and east property lines w Enhanced 11-foot-wide meandering sidewalks an - - _- -� streetscape landscaping to be installed along entire frontage • 18-foot-wide right-of-way dedication proposed LIVANO VIRGINIA BEACH CONCEPTUAL SITE PLAN VIRGINIA BEACH RESIDENCES, LLC 17 ITEM 4 - VIRGINIA BEACH RESIDENCES, LLC • Deviation to 30-foot front yard setback requirements • Accessory garages (3.5 feet from right-of-way) • Compactor Enclosure (8.5 feet from right-of-way) • Deviation for Monument Sign setback • 5-foot setback required; 3.5- OW 7/2025 • L L11Y foot setback proposed VIRGINIA BEACH RESIDENCES, LLC 1 18 VB ITEM 4 - VIRGINIA BEACH RESIDENCES, LLC • Approximately 87 space reduction in parking approved by Zoning Administrator Sew 669 parking spaces required ___i r. ..,. a .. . 582 parking spaces provided (ratio of 1.55 spaces per unit) • No known opposition LIVANO VIRGINIA BEACH CONCEPTUAL SrrE MAN VIRGINIA BEACH RESIDENCES, LLC 19 "`i Council:City • • iNeedle Court 0.4 CONDITIONAL USE ,fib, Cyyo `�y FO � rd !o �'� 0 , y'Pi��R P,P22 m4•P C Hi�<4WY \.,y/� P� PERMIT (Residential Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 20 ITEM 5 - JEFFREY & KARIN BARRETT Request for a Conditional Use \ Permit for a Residential Kennel to 0 *ON,% house 6 pet dogs in an existing single-family dwelling in the t b' . .' Hillcrest Farm neighborhood ' No exterior kennel structure or • breeding proposed • 2 speakers in opposition at Planning Commission, 1 of whom withdrew their opposition at the hearing JEFFREY & KARIN BARRETT 21 ' Council:City ' • • ' Dolton F p`N b G .i! O A � NARRA GA NSE TT DR RO��°� O �'��°iAy'�`O;CGTRINE AV CITRNE AVE 9.... It�+r °° }�l � TRAVERTINEAYE ( 90,p oq �?`may oP B 2 � fF C �Fl P DPP .� ;�_'�� �°2 ��'� � ■ � \ CONDITIONAL (Car Wash Facility) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval ITEM 6 - LAVAR HYMAN 0 Conditional Use Permit for a Car x, Wash Facility Handwashing will occur in front of the suite 4 r � . ,. Hours of operation: �. Monday — Friday, 9:00a.m. — e- �: x a 5:00 p.m. t Saturday, 9:00 a.m. — 2:00 p.m. ® s" LAVAR HYMAN 23 VB ITEM 6 - LAVAR HYMAN rt • No exterior changes proposed except for signage AA, 3 parking spaces required and provided 4 Located in the Central Business District "' �• g= '`� ;. >`„ — Bonney Area of the Pembroke Strategic Growth Area w - • Staff recommending 5-year time limit —.....� if approved • No known opposition LAVAR HYMAN 124 V8 ITEM 7 - TINT DADDY OF VIRGINIA BEACH, LLC City Council: District 9 (Schulman) Location: 4912 Rutherford Road, Suite 101 k CONDITIONAL USE PERMIT (Automobile Repair Garage) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 25 VB ITEM 7 - TINT DADDY OF VIRGINIA BEACH, LLC f ................ • Conditional Use Permit request for Automobile Repair Garage ««• Located within a 1,250 square foot suite •'� Repair use limited to window +,• {1 tinting f TINT DADDY OF VIRGINIA BEACH, LLC 126 VS ITEM 7 - TINT DADDY OF VIRGINIA BEACH, LLC • Hours of operation: • Monday — Saturday, 9 a.m. — 6 p.m. r� k • Total of 3 employees ' • No exterior changes proposed 1 petition of opposition with 7 --'" signatures received by staff, but withdrawn prior to Planning Commission w TINT DADDY OF VIRGINIA BEACH, LLC 27 • Council:City • ' ' • • 14 28th Street,, Unit 210 IVA .i 7f' 7t ✓/ /� Q. 2n yc 26�Js`}g1- � / 5 �Ro ram ss �9ao�- 1 1, � A36 CONDITIONAL USE PERMIT (Short Term Rental) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval ITEM 8 — MALINDA LYON n • Request for a Conditional Use Permit to operate a 2-bedroom Short Term Rental - - 12 previously approved r - Conditional Use Permits for ssigried Parking ri Space for Unit 210 Short Term Rentals within Playa Rana �U�Ztrk9� 1 ' d. r ,.. t 1 parking space required and provided ti MALINDA LYON 29 VS ITEM 8 - MALI N DA LYO N I � '^ Previous zoning complaint for operation without CUP, after which advertisement was 1 111 1.i�,j 3 removed �111�`�i�. • 1111 • No known opposition ®�1111�111 Short Term Rentals .� ��1111 ��I1111b 1 � 1 � .• 1�* 0 Permits(73) STIR11� MALINDA LYON 30 Council:City • • 1 ¢Q 2Tf NTH Hp�f S7BSN&�. _ - ti, CONDITIONAL USE PERMIT (Short Term Rental) Staff � 4 r0 7bTH5T2�H Np�gt „ �S '.- 25iH5T S .. � 2ucT Hp,LF82 ST n f � 7< k - � �RGxN'P l6THST i _ tt Y--- xj Recommends Approval Planning Commission • • to 0 torecommend Approval ITEM 9 - J E & J K LTD, LLC • Request for a Conditional Use n � Permit to operate a Short Term ed - Rental pss�g�` . . � 1 Spice • 1-bedroom unit within the Sea Crest Condominiums 1 parking space required and provided on site JE &A LTD, LLC ( 32 VB ITEM 9 - J E & J K LTD, LLC ' !t 111► ,►// ��/h►►1► 01�IN►/. 11 No prior zoning complaints; site is 111� r/11/► ►►��1 _,, �� not currently advertised /t � ,;�■/.. 111►111++ 1 speaker in opposition at Planning '►►►��/ ►V►►►r. 1� Commission hearing ort Term Rentals, ® H JE &JK LTD, LLC 133 VB ITEM 1 — DEBBIE ANDERSON Council:City . ' - Location: r NTH 1�H HALF St H5t 0,�. zss o m 9 2 tMy�H HALFS gE�HgL�D r� '� V1�1N1a 16TH St -.. s CONDITIONAL (Short Staff Recommends • • • Planning Commission voted 10 to 0 to recommend Approval Short Term Rental Parking Plan ^ tlgta Kamla Condominium#6B(USPS Address#602) 2113 Atlantic Avenue lid a D� �.. LaTJ. ® Lam,i�) ,(.".!�.'•. ?a7 7 wan cat, �Wl Kamla has a total of 24 parking spaces;each of the 15 units has one assigned parking space. F Each unit has 1 assigned parking space,there are 8 unassigned"guest spaces"and one managers space that an be used H needed. }ki,7jMkf. 4 units aren't used for short term rentals and if they will be vacant,their parking spaces can be used. Each unit is limited to having a maximum of two cars in the parking area. IL During atypical week,less than half of the occupied units bring two cars. Saturdays are turnover"days and property managers/owners are required to give the Association a list of occupants and cars for each unit. R 1 $ 4 Kamla's Manager is on site every Saturday to assist new arrivals in moving in and sorting out a"parking issues. e'h' ti Kamla has never run out o1 parking spaces,but if we did we would direct people to the 9th and 25th Street City Parking Garages. t ' tk Kamla's parking plan was approved by the Planning Commission/City Council for a Conditional Use Permit that was issued for Unit 2B ' all, AM, • • Alk Ali • • • • ITEM 10 - DEBBIE ANDERSON �t11��1� 1 W�: �111► - r ��11111� ►��1:'��„ // 1 ��►►�i. t „r Previous zoning complaint for 11' 11� 1�1; 1'•1/111�11 111►'• �Ij operation without a CUP; 1►1� �����jil� advertisement was removed ;;,,''r�,�� ►/ � �/:' � No known opposition t.1�y �'!It• 11� Shod. rerm Rental �111�►�� 1��, DEBBIE ANDERSON 36 Vg ITEM 11 - CITY OF VIRGINIA BEACH An Ordinance to Amend Section 104 of the City Zoning Ordinance pertaining to Short Term Rental Violations CITY OF VIRGINIA BEACH 137 ITEM 11 - CITY OF VIRGINIA BEACH • Section 104 of the Zoning Ordinance regulates fines and penalties for zoning violations. • Unless noted in Section 104(b), any person who violates the ordinance, upon conviction, is guilty of a criminal misdemeanor. • Currently, violations of the Short Term Rental Ordinance are a civil penalty, as specified in Section 104(b). • STR violations were changed from criminal to civil in September 2020, with the hopes of expediting the enforcement process. • This change proved to be relatively unsuccessful due to state requirements. • The Task Force recommends changing STR violations back to criminal misdemeanors, consistent with all other zoning violations except signage. CITY OF VIRGINIA BEACH 138 NM ITEM 12 - CITY OF VIRGINIA BEACH An Ordinance to Amend Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals CITY OF VIRGINIA BEACH 139 NM ITEM 12 - CITY OF VIRGINIA BEACH • Short Term Rentals are regulated by Section 241.2 of the Zoning Ordinance. • October 2024, the Short Term Rental Task Force finalized their recommendations to improve the enforcement and regulations of STRS • Recommended amendments included : 1. Updated sign requirements 2. Allow class A, B, and C contractors to provide structural inspections 3. Accept attestations for the registration and renewal processes 4. Amend the parking requirement for grandfathered properties 5. Reduce the frequency of required inspections from 3 to 5 years CITY OF VIRGINIA BEACH 140 VP ITEM 12 - CITY OF VIRGINIA BEACH • Task Force recommendations considered by the Planning Commission at their July 9t" hearing • Recommended approval of the Task Force amendments with the following modifications: 1. Require a minimum of 1 parking space per 2 bedrooms; grandfathered properties would only require the number of parking spaces at the time of construction, provided at least 1 parking space is accommodated 2. Require property owner or manager's contact information to be included on the STR sign CITY OF VIRGINIA BEACH 141 ITEM 12 - CITY OF VIRGINIA BEACH • Planning Commission recommendations (continued) : 3. Allow licensed and insured Class A or B contractors to perform structural safety inspections 4. Require structural safety inspection reports every 3 years; would not be required for an initial period of 5 years for new construction inspected at the time of completion by the City's Permits & Inspection Division • Presented to the Transportation, Parking, & Pedestrian (TPPC) subcommittee of the Resort Advisory Commission ( RAC) • Unanimous motion to support the parking requirements as recommended by the Task Force without the modifications recommended by Planning Commission CITY OF VIRGINIA BEACH 142 ITEM 13 - CITY OF VIRGINIA BEACH An Ordinance to Amend Section 104 of the City Zoning Ordinance pertaining to appeal period for Civil Penalties CITY OF VIRGINIA BEACH 143 'dill ITEM 13 - CITY OF VIRGINIA BEACH • Increased fines for convictions resulting from violating provisions that regulate the storage or disposal of nonagricultural excavation material, waste, and debris • Increased civil penalties for violations related to short-term rentals involving repeat violations on property zoned or used for multifamily residential purposes • Admission of liability for violations involving property zoned or used for multifamily residential purposes is required to abate or remedy the violation within six months from date of admission of liability CITY OF VIRGINIA BEACH 144 ITEM 14 - CITY OF VIRGINIA BEACH An Ordinance to Amend Section 106 of the City Zoning Ordinance pertaining to appeal period for Notice of Violation CITY OF VIRGINIA BEACH 145 9�ti ITEM 14 - CITY OF VIRGINIA BEACH • Notice of violation appeal period for violations involving the storage or disposal of nonagricultural excavation material, waste, and debris becomes 10 days CITY OF VIRGINIA BEACH 146 VB ITEM 15 - CITY OF VIRGINIA BEACH An Ordinance to Amend the City Code, Appendix C, Site Plan Ordinance, to Update References to the State Code and the Erosion and Stormwater Management Ordinance CITY OF VIRGINIA BEACH 147 VB ITEM 15 - CITY OF VIRGINIA BEACH • Updates the reference to the Code of Virginia related to the definition of an agricultural use • Shortened timeframes for localities to approve site plans • Example of changes: • Initial site plan review: • Now-40 days • Previously-60 days • Review of resubmittals after prior disapproval: • Now-30 days • Previously-45 days CITY OF VIRGINIA BEACH 148 VB ITEM 15 - CITY OF VIRGINIA BEACH • Extends the period following site plan approval to secure a building permit or commence use of land • Now: 5 years • Previously: 180 days • Allows for a 1-year extension on the period of validity versus the 90- day extension previously permitted by State Code • Cleans up references to the City's Erosion and Stormwater Management Ordinance CITY OF VIRGINIA BEACH 149 ITEM 16 - CITY OF VIRGINIA BEACH An Ordinance to Amend the City Code, Appendix B, Subdivision Regulations, to Update References to the State Code and the Erosion and Stormwater Management Ordinance CITY OF VIRGINIA BEACH 150 46 ITEM 16 - CITY OF VIRGINIA BEACH • Shortened timeframes for localities to approve subdivision plats • Example of changes: • Initial plat review: • Now-40 days • Previously-60 days • Review of resubmittals after prior disapproval: • Now-30 days • Previously-45 days CITY OF VIRGINIA BEACH 51 VB ITEM 16 - CITY OF VIRGINIA BEACH • Extends the period of validity for a preliminary subdivision plat to 5 years as long as the subdivider: • Submits a final subdivision plat within 1 year of preliminary plat approval, and • Diligently pursues approval of the final subdivision plat • Cleans up references to the City's Erosion and Stormwater Management Ordinance CITY OF VIRGINIA BEACH 152 VB SUMMARY — August 19th 5 Planning Items Scheduled for City Council's Consideration ITEM 1: Foodbank of Southeastern Virginia and Eastern Shore, Inc. • Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional 1-1 Light Industrial District) • Recommended for Approval by Planning Commission & Staff ITEM 2: YPB, LLC George Loizou • Conditional Rezoning (OR, A-12, A-24, A-36 to Conditional A- 24 Apartment District) • Recommended for Approval by Planning Commission & Staff Virginia Beach Community Development Corporation Foodbank of Southeastern Virginia&Eastern Shore ITEM 3: Virginia Beach Community Development Corporation • Conditional Rezoning (B-2 Community Business to Conditional B-4 Mixed-Use District) • Recommended for Approval by Planning Commission & Staff 53 1B SUMMARY — August 19th 5 Planning Items Scheduled for City Council's Consideration ITEM 4: Bradley & Nettie Kain • Conditional Use Permit (Residential Kennel) • Recommended for Denial by Planning Commission & Approval by Staff ITEM 5: George Loizou • Conditional Use Permit (Bulk Storage Yard) • Recommended for Approval by Planning Commission & Staff 54 VB ITEM 1 - FOODBANK OF SOUTHEASTERN VIRGINIA AND EASTERN SHORE, INC. City Council: District 2 (Henley) Location: 3325 Dam Neck Road, parcel directly southwest of 3325 Dam Neck Road, & 3357 Dam Neck Road OIL / r / CONDITIONAL REZONING (AG-1 & AG-2 Agricultural Districts to Conditional 1-1 Light Industrial) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 55 FOODBANK OF • SHORE, INC. Request to rezone 23.9 acres to r Q Light"44. 4 ��' y rp •' 6 �O • • • I Industrial to develop a warehouse/distribution facility for a� _. :_,!. .- ' •- +'�" '.� ,"G��� tea,+ . - Foodbank Located within the 70 zone, >75 clB noise zone, and the Accident Potential Zone 2 Site is largely wooded, except for a vacant single-family dwelling PTO ♦- � ,,, �R' Y �yy`�Lcc`s,�� 1� q r FOODBANK OF • SHORE, FOODBANK OF • SHORE, INC. Proposed I3,345 square foot 91!DATA: 1495.123916 �•••-•-• building TOTAL AREA 26.2./.AC IXISTiNG ZONING AG-1 6 AG2 x ��! PROPOSED 20NING 41 t - BUILDING AREA 103345 SF �._'u x PARKING REQUIRED 1 0 S ACLS �� I PARKING PROVI�CD ,2 ___ li I+ foo buffer between building and adjacent neighborhood to ainclude retention of tivegetation Access proposed from Dam Neck Road only .4 i - 4 I n Ka^s�1• ,.,� ..tip � _ 1� st�'��s'.- -' ��",.�f'Vi 'M'."" ,._nT �?_TMtUR�t �JCl T R�4TT.iRSlf3CSl�al511Ip�{ j easement (�S'1'�*.i{3'.SfJ.4f;4 Ei3.'90212e@YaYiSu"LTv.c�'L�i(2G2Dii h SEVA FOODBANK _ `'\ site Conceprual Develppmem Plan-March 2,2025.Rev.July 23.2025 iINMONS G110U� y • ASOUTHEASTERN , SHORE, FOODBANK OF • SHORE, BMPs proposed, throughout GRNs tt•5111)t• '' — �yl garden/compost _ proposed TOTAL AREA It.x./AC �11 ..+• t l EXISTING ZONING ACs16AG2 F= "' PROPOSED ZON NG 1-1 / ll; it ) r,// flU LD NG AREA 103,]t55F ��q�y.IyF � PARK NG R[GU R[n t30 SPACES q��4" � A•' i\� I , • m Neck Road PARK NV PItOV DCD 1635PACE5 NCI" �, I( ',1 141, Will not be accessible to the r 11 luR�01t7�Dd�l�tgslx [Rlif�7➢tt1S'[.1N3 \ ,.� I @FaY�q�1 �y �i-1Sff general r` tt 1. _ ► t - .�' ' ! �® ,� t Hours of Operation: Monday — Friday, 7:00 a.m. — • [:mx srstm�mxm- ;nncc•rc t�',. �L-�.,:u�rruu'rlr >I�)mxtaatmmmb�L- .;. msrcxnal>Ir�g ceauytF,emxci vry eLb.:�cavres Saturday, / , • ' / • SEVA FOODBANK �\ -••�••• FOODBANK OF SOUTHEASTERN VIRGINIA AND EASTERN SHORE, INC. 158 VS Conceptual Development Plan-March 2.2025,Rev.July 23.2025 _ TIMMONS 0110UP ITEM 1 - FOODBANK OF SOUTHEASTERN VIRGINIA AND EASTERN SHORE, INC. ..... . .. . . INS 1011 • Front of the building with main entrance and service provider ce �►�N ; '�� ,��� - . _ c :.e - — pick-up bays . ----- Primary exterior material to be z _ • rM tilt-up concrete panels a, /\ 1 ► p FOODBANK OF SOUTHEASTERN VIRGINIA AND EASTERN SHORE, INC. 59 ITEM 1 - FOODBANK OF SOUTHEASTERN VIRGINIA AND EASTERN SHORE, INC. FOODBANK EXTERIOR BUILDING RENDERING • Rear of the building with faloading docks • 2 letters of opposition received . - 3 speakers in opposition at Planning Commission, noting - concerns with loss of trees, E '" increased traffic, and view of stormwater pond from ' backyard FOODBANK OF SOUTHEASTERN VIRGINIA AND EASTERN SHORE, INC. 60 VB FOODBANK OF • SHORE., INC. Changes d . between Planning Commission & City Sf1E DATA: ^.l GPINz Iap5l2.2�bv Council: 1tpS12 l9"n ,�e 1495-12)pnP _ TOTAL AFEA 2t 2 AC �,. EXISTING 20NING AG1 8 AG 1 `�I PROPOSED ZONING I-1 ¢� BUILDING AREA 103,N5 SF RAFK NV REOUIREO 130 SRACEP #" Addition of • • Preservation PARK NG PROV'JED 142 SPACES `! M 44 �r■y{t' i Areas Reconfigure proposed • at :;sau�naze�tro� c�znra�3a•-� a the east of the site Addition of no i yP ingress/egress Q easement at the Lanesboro Drive mzese f l t 1 y Buildingrenderings . • ' • front • building r SEVA FOODBANK `'\ and one of • Conceptual Development Plan-March 2,2025.Rev.July 23.2025 � rl M noNS GRO V FOODBANK OF SOUTHEASTERNVIRGINIA ANDSHORE, ITEM 2 - YPB, LLC City Council: District 6 (Remick) Location: 309, 311, 313, 315, 317, & 319 34th Street 02 OR CA ,.• OR r�l�2A i' CONDITIONAL REZONING (OR, A-12, A-24, A-36 to Conditional A-24 Apartment District) Staff Recommends Approval Planning Commission voted 8-1 with 1 abstention to recommend Approval 6z VB ITEM 2 - YP6, LLC Conditional Rezoning request to rezone 42,000 square foot site from OR, A-12, A-24, A-36 tr to Conditional A-24 Apartment District • Located in Resort Strategic ,t a► Growth Area and within ` boundary of Seapines Station neighborhoods .� Applicant intends to demolish existing buildings on site and ti combine parcels to develop 20 multifamily units YPB, LLC 163 ' ' ITEM 2 - YPB, LLC _ - Located within 70-75 dB noise zone, where residential uses are considered incompatible uses ,®. Residential zoning is currently in place, allowing residential redevelopment if a reduction in units is provided Joint Review Process (JRP) Group determined project complied with `► the 5% reduction required by Section 1804(e) 21 units allowed by right based on ,r existing zoning • 20 units proposed (5% reduction) YPB, LLC 164 VB • • • • ' • •cnArlllc SCALE• .�. -_ 4 xal xtr wo � Qlpny - ; •VIYNAM4 ----- � «mr nav -- --z=a-nr rur �A,rlMvm�TrA»D,XJ -Allser.IQerre � 1 I Ir 1 I I' RES/ RESZ RfSS REST RESS RESS RES7 RESS ROY RES fO 1 l'" ZrxlO' Zrx IO ZrxV 1x11 17'x IO 27,11 1,11 1,11 1,11 1x10' I 1 I L I o .r RES 11 RES71 RES f9 S fI RES lS RfS I6 RES 17 RES fs RES 19 RES 1f i I i a► • • • - • • A I.. ZrxM Zrx.w Zrx4O' ZrxM ZrxlO'ZrxM' lrxro' 77'x 4V Zr%# Zrx A7 I I I +J01 SRE STATSM naumw 3II7ISIREET(AJ'INO7H) I•olenroeavrlall rol.Inlmislml �� o•I rilSsrnsr,nls. • • • � � 61%61I2,Slfl,SISS -- IfQlR1YEf,4 .In.Ari.xrzaaano •• "•'a IO®IudILSFIItQY ISfIIOR I•YIR Ir.nl�llmmar roan mr.nrolerrr,uurt �2.amlpwera* IOr 0391,Yf s-. I1S-0Ols • • • • •T19/IY-I,Iri41MIS SS,SWY mognpR YbrlanaMnra nerwn or nuenrnee i91100410tl1aCl►S I,TOY ranpnR d rrYl pnoprWry.GR r«aer wrE TaflnY"n Y IIONI51005 100 Y M rrwr wonOd Monwn r[ Oxoi�uuurt[® 1110-104 WOUISN%Tp SOY f1I1�fTATtlf:COMCER MM •.••r•—r..r f • • Each unit will be 3 stories Building Hai ht Building Materials 40'ro nd beam Fiber Cement Siding • of , feet 9e Metal Roofing on Dormers antl Porches maximum height Two car garages and two off-street 42'to cupules Fiber Cement Cupulas wits M<tal Roofing "height may very due M<tel Louvered Panels Above Balconies ro variable site topo ArcM1Hectual Shingles on Main Rool will not e.osae a4 leer^ Metal Bahama Shutlers Boats and Batten Shutters Caniage SMe Garage Doors parking spaces provided • each unit Letter from Resort • Advisory �- ��,t �{ �1�° `�► 7 i `T� �P � 1r � ,_)lln a�h l d��l�i�h�j�9 n';�j�t,'���'� l Commission Planning e • Review ee Committee concern �4 tree removal . • lack of wba adherence to the • • ' • • 34th Street Townhomes-03/02/25 Design 3-plex and 4-plex Guidelines P' LLC 66 VB Building Matenals letters of support; letters of Btdldingg Heigh FibM Cement Siding sitin/c 40'N rMge beam Metal Roofing On Dorman:and POrUes 4710 agrtlas Fiber Cement Cupulas with MHaI Roofirg _ "teght may very due Metal Louvered Panels Above Bakoniea • • • • • • �v�eMe�,e lobo Architectual Shingles on Main Roof win not exsde 4d IeH" Metal Bahama Snuffers Board and Barren Snutten Carnage SMe Garage Doors • speakers . Planning Commission hearing �I_ �'LJI `. tt � t '1 '- in support 2 in opposition stating concerns regarding illegal operation of STRs. removal oftrees, . • lack of conformance with Seapines Station Voluntary Design Guidelines 341h SVeet Townhomes-03IO2/25 - 3-plex and 4-plex ITEM 3 - VIRGINIABEACH COMMUNITY DEVELOPMENT CORPORATION City Council: District 10 (Rouse) Location: Parcel northwest of 3792 Princess Anne Road • CONDITIONAL REZONING (B-2 Community Business District to Conditional B-4 Mixed Use District) Staff Recommends Approval 6s VB Planning Commission voted 10 to 0 to recommend Approval t 1 1p v M S PC. + +� YC9 �+ - < ITEM 3 - VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • Combination of townhouse- VM style apartments and garden- DUMPSTER style apartments All units to be attainable units; for households making less �`7♦ than 80% AM .,} 9 units reserved for persons with mental health diagnosis VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 1 70 VB COMMUNITYITEM 3 - VIRGINIA BEACH • ' CORPORATION CONCEPT PLANT SCHEDULE VIROINIA BEACH LANDSCAPE REOUIREMNTS SffE DATA � 's w �•�� �ss�uuartArmrt, • � f Deviation _ _ _ • • to permit P n � . • • • landscape ,y°' .•f i buffer along • property line adjacent to residential; 15-foot width required VIRGINIA BEACH NAMI MULTI-FAMILY-VIRGINIA BEACH,vA ;�, '':'•• CONCEPTUAL LANDSCAPE PLAN-June13,2025 � TIMMONSGROUP COMMUNITY • ' CORPORATION 71 COMMUNITY • ' • " • ' A • .mwo �.�. Combination of 2-story and 3- story buildings �� • mm..• 2—story buildings • • ht 3-story buildings — Iheight A1gH Proposed • • , office space . on COHfiNICM1ON �- ground • • Ili ! L. 0t�_II�1 �� _• VIRGINIA BEACH COMMUNITY DEVELOPMENT RJpRR 1[ CORPORATION ITEM 3 - VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Combination of 2-story and 3- � ` story buildings 0 • 2-story buildings — 30' height • 3-story buildings — 43' height VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 73 VB COMMUNITY • ' CORPORATION CDNCEPi PLAM SCHEDULE VIRGINIA eEACH lANOSCAPE REWiRENNTS SrtE DATA 1� 13 letters of support received 6 letters of opposition received 3 speakers at the Planning Commission hearing 1 in �I r.x.nrr,-..u,nw-i-u `w...one. x.�me�e.rw•� ,�.- ,. n r N _ ...I rj i �•. �n support 2 in opposition, noting safety concerns' " ' •f • loss of NAMI11111111LTI-FAMILY-VIRGINIA BEACH,VA ® �'ti CONCEPTUAL LANDSCAPE PLAN-June13,2025 � TINNONSDROU► VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 174 CONCEPT PLANT SCHEDULE VIRGINIA BEACH LANDSCAPE REQUIREMNTS SITE DATA - .w se.a.. s,sse,.ar.�.. ,.mose rfl on�wnx cocn.c�vno.eenssm sr om.�s�x.wwm ammo a a ,} o v o.. r" Q 4 NAMI MULTI-FAMILY - VIRGINIA BEACH, VA CONCEPTUAL LANDSCAPE PLAN-August 5.2025 ~l TINNONS GROUP Council:City • • 405 Kings Point Court CONDITIONAL USE PERMIT F� R OA RO KINGDOM CT m qqa CHARTE K KIN 2 W p ¢ \ . OONCORD BRIDGE RO = � H Y 2 p r A A. d� �- � TER LN RF •r 4 FOREES hOq--- .9 /l I FOREST GLEN RD- O i (Residential Staff Recommends A• • • ITEM 4 - BRADLEY & NETTIE KAIN l r = Request for a Conditional Use : . � Permit for a Residential Kennel to F' house 13 pet dogs in an existing single-family home in the 4 Windsor Woods neighborhood No exterior kennel or breeding proposed BRADLEY & NETTIE KAIN 77 VB ITEM 4 - BRADLEY & NETTIE KAIN • Per Animal Control complaints received for the number of dogs on site & barking were unfounded • 2 letters of opposition • 1 speaker in opposition and 1 speaker in support at Planning Commission • Opposition expressed concern with number of dogs and barking BRADLEY & NETTIE KAIN 178 VB Council:City ' • • • Location: 5033 Admiral Wright Road CONDITIONAL USE PERMIT � RC�RORD W BZ Z z —Z Jf ANNE ST w "� ° BROAbST � T �' \ ADMIfMLWRfOHf RD ___.F 4 i z z SOUT MERN BLYU p -� t I ooa o O StorageYard) Staff Recommends Approval z -- _ r $ �. A M L WRIGHT RD uj � y a Uj CL A W • & Or ITEM 5 - GEORGE LOIZOU Ordinance requires bulk storage yards to be screened with privacy """° fence and landscaping • Deviation requested to waive landscape requirement along the south and east property lines Proposed 6-foot-tall wood a+n nnmi M rt1 ni:+ privacy fence • Located in the Central Village District of the Pembroke Strategic Growth Area (SGA); interim use w �. .= GEORGE LOIZOU 181 VB m G� m O �v m r O N O C RUE oaoo • • z O • • O n r�-r �- N- a, .-� D -� D o -h r+ �• (D Z _0 O O o x o Q 0 0 3 _0 o rD � � � o N rD m O O-Q � � : O (n D m fD 0 N rD 0 0 — cn O O Cp (D N (nD to < c Cf4 r-r 3 m 00 � :3O NJo r-+ w < n W fD ITEM 6 - CITY OF VIRGINIA BEACH An Ordinance to Amend the City Code, Appendix F, Chesapeake Bay Preservation Area Ordinance CITY OF VIRGINIA BEACH 183 ITEM 6 - CITY OF VIRGINIA BEACH • September 29, 2021—Virginia Department of Environmental Quality (VA DEQ) State Water Control Board adopted amendments to the Virginia Administrative Code and Chesapeake Bay Area Designation and Management • Required local ordinances be updated by September 29, 2025 CITY OF VIRGINIA BEACH 184 VB ITEM 6 - CITY OF VIRGINIA BEACH • Changes include: • Provisions to assess the impacts of climate change and sea-level rise for projects in the Resource Protection Area (RPA) • Allows adaptation measures within the RPA such as the preservation of existing vegetation and nature-based solutions • Provision to exempt living shoreline projects from additional requirements • Ability for private property owners to place fill material on their lot with approval CITY OF VIRGINIA BEACH 185 VB ITEM 6 - CITY OF VIRGINIA BEACH • Adoption of the Ordinance would : • align the City's CBPA Ordinance to align with the State Chesapeake Bay Preservation Area Designation and Management Regulations • Remap the City's RPA to algin with the State regulations and eliminate the variable width buffer outside the state-designated RPA CITY OF VIRGINIA BEACH 186 `Uill ITEM 6 - CITY OF VIRGINIA BEACH • Public outreach efforts included : • Briefings to various boards/commissions (CBPA Board, Green Ribbon Committee, Planning Commission, Coastal Virginia Building Industry Association) • 2 Public Engagement Meetings • Online Comment Period (May-July 2025) • CBPA Board voted to approve at their June hearing • No known opposition CITY OF VIRGINIA BEACH 187 VB 6 CITY COUNCIL LL4ISONREPORTS ITEM#77374 3:39 P.M. Council Member Ross-Hammond advised she recently attended the Military Economic Development Advisory Committee(MEDAL)Meeting and learned Federal funding has been granted to provide repairs to Navy Housing and Child Development Centers in the area. Council Member Ross-Hammond advised Commissioners also expressed an interest in the events the VB VA250 Committee is planning and offered to assist. August 12, 2025 7 CITY COUNCIL LL4ISON REPORTS ITEM#77375 (Continued) Council Member Jackson-Green advised he recently attended the Public Library Board Meeting and was excited to see how well the all-virtual meeting was conducted. August 12, 2025 8 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#77376 3:43 P.M. Council Member Remick advised he will host a District 6 Town Hall Meeting on August 13'h at Virginia Beach Middle School, the doors will open at 6:00 P.M. and the meeting will start at 6:30 P.M. Council Member Remick advised he will provide information on emergencies, scams and updates on the Central Beach Master Plan. August 12, 2025 9 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#77377 (Continued) Council Member Ross-Hammond advised she will host a District 4 Town Hall Meeting on August 25`h,from 6:00 — 8:00 P.M. at the Williams Farm Recreation Center and will include information on the 2025 Referendum, Public Safety,Burton Station, Schools and Virginia Wesleyan University. August 12, 2025 10 CITY COUNCIL DISCUSSION/INITL4 TIVES/COMMENTS ITEM#77378 (Continued) Council Member Henley advised the Back Bay Marsh Restoration Project is one of the projects named in the Flood Prevention Bond Referendum and is at a standstill pending approval of necessary permits. Council Member Henley advised when the Wind Tide Study was complete, the Initial Feasibility Assessment of Alternatives for Flood Risk Reduction in Back Bay report recommended the Marsh Restoration Project and determined restoring the marsh to slow the flow of water coming inland to be the onlyplausible solution to address flooding in Back Bay caused by southernly winds. Council Member Henley advised on July 300 she held a District 2 Town Hall to update residents on the timeline and status. Council Member Henley explained permittingfor the project was expected to be approved by November last year, which is required before the project bidding process, with the project expected to commence at the beginning of this year; however, the permits have not been approved due to regulations that protect the Submerged Aquatic Vegetation(SAP)found in Back Bay. Council Member Henley advised two thirds of the Citys water drains to the Albemarle Watershed, which Back Bay is part of, and over the past fifty (50)years, it is estimated 2,000 acres of marsh has eroded in Back Bay leaving 2,000 acres of open water. Council Member Henley emphasized the project is critical and impacts other areas of the City outside of District 2. Council Member Henley advised the Body previously agreed to submit a request to the General Assembly for an exception to the SAY regulations in order to obtain permitting for the project and requested Council Members also share the Feasibility Assessment with Legislators and residents to share the data and raise awareness of the impact and importance of the project. Council Member Henley also suggested the Body discuss a plan in case the project does not get approval. August 12, 2025 11 AGENDA REVIEW SESSION ITEM#77379 3:58 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES: 1. Resolution to REQUEST Oceanfront Retailers voluntarily remove indecent and/or vulgar t-shirts from storefronts(Requested by City Council) 2. Resolution to MOVE the November 11, 2025, Regular Meeting of City Council to November 25, 2025 3. Ordinance to DECLARE City owned property at 302 22"d Street to be in the EXCESS of the Citys needs and AUTHORIZED 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(DEFERRED FROM JULY 8, 2025) 4. Ordinance to AMEND City Code Section 2-385 re application fee for annual short term rental permits 5. Ordinance to AMEND City Code Sections 12-41, 12-43, 12-43.1 and 12-49.1 re Fire Prevention Code 6. Ordinance to AMEND City Code Section 21-230 re traffic calming 7. Ordinance re the Compensation of the City Manager effective July 1, 2025 (Requested by City Council) 8. Ordinance re the Compensation of the City Attorney effective July 1, 2025 (Requested by City Council) 9. Ordinance re the Compensation of the City Clerk effective July 1, 2025 (Requested by City Council) 10. Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2025(Requested by City Council) 11. Ordinance re the Compensation of the City Auditor effective July 1, 2025 (Requested by City Council) 12. Resolution to APPOINT Rebecca Pazanski to the position of Deputy City Clerk II, effective August 7, 2025 August 12, 2025 12 AGENDA REVIEW SESSION ITEM#77379 (Continued) 13. Ordinance to EXTEND the date for satisfying the conditions in the matter of William F. Daddio and Jean A. Gentry re closure of one-half of an unnamed, unimproved alley adjacent to the rear of 817 Vanderbilt Avenue in Croatan 14. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Lake Bradford and into the 100'City-owned strip of land surrounding Lake Bradford at the rear of 4973 Athens Boulevard re construct and maintain a proposed pier walkway and kayak launch,covered dock, landscaping, and rip rap with twelve (12)granite boulders and coir log DISTRICT 9 15. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Island Lake West at the rear of 2417 Broad Bay Road re construct and maintain a vinyl bulkhead, two (2) wood piers, wood wharf with four(4)piles and a boat lift DISTRICT 8 16. Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of way known as Haygood Point Road at the front of 4804 Haygood Point Road re construct and maintain a paved pad to the front door DISTRICT 9 17. Ordinance to ACCEPT and APPROPRIATE $150,000 from the Virginia Department of Emergency Management to the FY 2025-26 Emergency Communications and Citizen Services (ECCS) Operating Budget re equipment to improve 9-I-I call processing 18. Ordinance to ACCEPT and APPROPRIATE$75,000 from the Virginia Department of Emergency Management to the FY 2025-26 Emergency Management Operating Budget repurchase of two (2) mobile security camera trailers 19. Ordinance to ACCEPT and APPROPRIATE$14,884 from the Virginia Department of Criminal Justice Services (DCJS) to the Virginia Beach Sheriff s Office Grant Consolidated Fund re support wellness and resiliency initiatives for the Sheriff's Office personnel 20. Ordinance to ACCEPT and APPROPRIATE $12,121 from the Virginia Department of Criminal Services(DCJS)to the FY2025-26 Commonwealth's Attorney Operating Budget re Victim Witness grant August 12, 2025 13 AGENDA REVIEW SESSION ITEM#773 79 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING: 1. KEVIN L.SULLIVAN TRUST for a Variance to Section 4.4.(b)of Subdivision regulations re lot width at 3840 Dawley Road DISTRICT 2 2. ANDREA MORRIS / LYNNHAVEN MALL, LLC for a Modification of Conditions to a Conditional Use Permit re outdoor recreational facility at 701 Lynnhaven Parkway DISTRICT 3 3. HALL OF VIRGINIA BEACH VI, LLC/AUTO PROPERTIES VIRGIN14 BEACH VI, LLC for a for a Modi cation of Conditions to a Conditional Use Permit re motor vehicle sales and services at 1875&1877 Laskin Road,and the parcel directly south of 621 Village Drive DISTRICT 6 4. VIRGINIA BEACH RESIDENCES, LLC / BAKER ROAD PROPERTIES, LLC for a Modification o Pro ers to a Conditional Change of Zoning reconstruct a 375-unit multi family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road DISTRICT 4 5. JEFFREY& KARIN BARRETT/JEFFREY GEORGE & KARIN AUGUSTINE BARRETT JOINT LIVING TRUST for a Conditional Use Permit re residential kennel at 2408 Needle Court DISTRICT 2 6. LA VAR HYMAN/ANNARINO ENTERPRISES,LLCfor a Conditional Use Permit re car wash facility at 4859 Dolton Drive, Unit A DISTRICT 3 7. TINT DADDY OF VIRGINIA BEACH, LLC/CLEMSON JBS, LLC for a Conditional Use Permit re automobile repair garage at 4912 Rutherford Road, Suite 101 DISTRICT 9 8. MALINDA LYONfor a Conditional Use Permit re short term rental at 304 28"Street, Unit 210 DISTRICT 6 9. JE& JK LTD, LLC for a Conditional Use Permit re short term rental at 401 21 s`Street, Unit 3 DISTRICT 6 10. DEBBIEANDERSON/SHAUN&DEBBIEANDERSONfor a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 6-B DISTRICT 6 11. Ordinance to AMEND City Zoning Ordinance (CZO) Section 104 re change Short Term Rental Violations from civil penalty to criminal penalty 12. Ordinance to AMEND City Zoning Ordinance(CZO)Section 241.2 re Short Term Rentals August 12, 2025 14 AGENDA REVIEW SESSION ITEM#77379 (Continued) 13. Ordinance to AMEND City Zoning Ordinance(CZO) Section 104 re civil penalties 14. Ordinance to AMEND City Zoning Ordinance (CZO) Section 106 re appeal period for notice of violation 15. Ordinance to AMEND City Code(Appendix B),Subdivision Regulations re update references to the State Code and the Erosion and Stormwater Management Ordinance 16. Ordinance to AMEND City Code(Appendix C), Site Plan Ordinance re update references to the State Code and the Erosion and Stormwater Management Ordinance K. PLANNING: ITEM#4 WILL BE CONSIDERED FOR DEFERRAL TO SEPTEMBER 16, 2025 ITEM#12,ALTERNATE VERSION OF PLANNING COMMISSION RECOMMENDATION 2 WILL BE CONSIDERED August 12, 2025 15 ITEM#77380 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 2.2-3711(A)(7). • Atlantic Park • Holloway, et al. v. City of Virgina Bach PUBLICLY-HELD PROPERTY:Discussion or consideration of the acquisition of real property for public purpose;or of the disposition ofpublicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3 711(A)(3). • District 6 • 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) • Rudee Loop Partnership(Virgina Gentlemen) • Project Ramp 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 August 12, 2025 16 ITEM#77380 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:01 P.M. Voting: 10- 0 Council Members Voting Aye: 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: Michael F. Berlucchi—Stepped out during the vote Break 4:01 P.M. — 4:12 P.M. Closed Session 4:12 P.M. — 5:56 P.M. Closed Session 6:55 P.M. — 7:33 P.M. Due to time constraints,the Body paused the Closed Session to convene the Formal Session in the City Council Chamber. Following Open Dialogue, City Council reconvened the Closed Session in the City Council Conference Room. August 12, 2025 17 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 12,2025 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,August 12, 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: Pastor Eugene Cowan,H New Light Full Gospel Baptist Church MOMENT OF SILENCE PLEDGE OFALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF"ERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h 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. August 12, 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. August 12, 2025 19 ITEM— VIL G.1 MINUTES ITEM#77381 Upon motion by Council Member Ross-Hammond, seconded by Council Member Jackson-Green, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 1, 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 August 12, 2025 20 ITEM— VII.G.2 MINUTES ITEM#77382 Upon motion by Council Member Ross-Hammond, seconded by Council Member Jackson-Green, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 8, 2025 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 August 12, 2025 21 ITEM— VILH PUBLIC HEARING ITEM#77383 Mayor Dyer DECLARED a PUBLIC HEARING: CHANGE THE POLLING LOCATION FOR PRECINCT 0093 Enoch Baptist Church Family Life Center to Good Samaritan Episcopal Church There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING August 12, 2025 22 ITEM— VII.I FORMAL SESSION AGENDA ITEM#77384 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. The City Clerk called for the following to speak: Craig Henson, 1825 Garden Drive, Phone: 201-0744, spoke in OPPOSITION of Ordinances J.• 7, 8, 10, and 11 and spoke in SUPPORT of Ordinance J.9 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions J. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 and Planning Items K. 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12(ALTERNATE VERSION), 13, 14, 15 and 16 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 August 12, 2025 23 ITEM— VII.J I ORDINANCES/RESOLUTIONS ITEM#77385 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT,Resolution to REQUEST Oceanfront Retailers voluntarily remove indecent and/or vulgar t-shirts from storefronts(Requested by 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 August 12, 2025 REQUESTED BY CITY COUNCIL 1 A RESOLUTION REQUESTING OCEANFRONT 2 RETAILERS VOLUNTARILY REMOVE INDECENT AND/OR 3 VULGAR T-SHIRTS AND DISPLAYS FROM 4 STOREFRONTS 5 6 WHEREAS, the City of Virginia Beach markets itself as a family-friendly vacation 7 destination that is welcoming to persons of all ages; 8 9 WHEREAS, the City also encourages resident families, many of which have young 10 children, to visit the Resort Area; 11 12 WHEREAS, along Atlantic Avenue, there has been a proliferation of indecent 13 and/or vulgar t-shirts and displays in storefront displays, 14 15 WHEREAS, the proliferation of such displays creates an unwelcoming 16 environment for the very families to whom the City markets itself and the City's residents; 17 and 18 19 WHEREAS, the standard for criminal enforcement — obscenity — is a difficult 20 standard to reach, so the City Council desires voluntary action by retailers; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA, THAT: 24 25 The City Council hereby requests that Oceanfront retailers, along Atlantic Avenue 26 and elsewhere, voluntarily remove indecent and/or vulgar t-shirts and displays from 27 storefronts. 28 29 BE IT FURTHER RESOLVED, THAT: 30 31 The City Clerk is hereby directed to send a copy of this Resolution to the Atlantic 32 Avenue Association and the Resort Advisory Commission. The City Council strongly 33 encourages the Atlantic Avenue Association and the Resort Advisory Commission to take 34 a public position supporting the family-friendly environment at the Resort and to inspire 35 Oceanfront retailers to act in accordance with such environment. Adopted by the City Council of the City of Virginia Beach, Virginia, this 12 th day Of August , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16926/R-2/August 6, 2025 24 ITEM— VILJ.2 ORDINANCESIRESOL UTIONS ITEM#77386 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Resolution to MOVE the November 11, 2025, Regular Meeting of City Council to November 25, 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 August 12, 2025 1 A RESOLUTION MOVING THE NOVEMBER 11, 2025, 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 NOVEMBER 25, 2025 4 5 WHEREAS, the City Code provides the regular formal meetings of the City Council 6 in the Month of November are to be November 11 and November 18; 7 8 WHEREAS, state law provides that a regular meeting of the City Council may be 9 scheduled for a day other than the usual day upon adoption of a resolution; 10 11 WHEREAS, November 11, 2025, is a holiday and absent action by the City Council 12 would be rescheduled by operation of law to the following business day 13 14 WHEREAS, November 12, 2025 is a Planning Commission day; and 15 16 WHEREAS, the City Council desires to maintain its Tuesday meeting schedule, 17 and therefore proposes the meeting from November 11, 2025 be moved to November 25, 18 2025. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, THAT: 22 23 1. The regular City Council meeting scheduled for November 11, 2025 is hereby 24 rescheduled for November 25, 2025. 25 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 26 and City Council Chamber. 27 3. The City Clerk shall post a copy of this resolution on the door of the City Council 28 Chamber from the date of adoption until 6 p.m. on November 25, 2025 and provide 29 a notice as required by law. Adopted by the City Council of the City of Virginia Beach, Virginia, this 12 th day of August , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Office of the City Cler ice the City Attorney CA16937 R-1 July 30, 2025 25 ITEM— VH.J.3 ORDINANCESIRESOL UTIONS ITEM#77387 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE City owned property at 302 22"d Street to be in the EXCESS of the City needs and AUTHORIZED the City Manager to enter into a Purchase Agreement for the sale of the property to 21'Street Properties,LLC re the development of theproperty into a multi-use development project(DEFERRED FROM JULY 8, 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 August 12, 2025 I AN ORDINANCE 1) DECLARING CITY PROPERTY 2 LOCATED AT 302 22ND STREET TO BE IN EXCESS OF 3 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 4 MANAGER TO ENTER INTO A PURCHASE AGREEMENT 5 FOR THE SALE OF THE PROPERTY TO 21ST STREET 6 PROPERTIES, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property located at 302 9 22"d Street (GPIN; 2427-18-0657) consisting of approximately 7,000 sq. ft. of land with a 10 4,247 sq. ft. building (the "Property"); 11 12 WHEREAS, to identify a private party to redevelop the Property, the City issued 13 RFP #ED-24-01 and, after evaluating all responses, determined that 215, Street 14 Properties, LLC, a Virginia limited liability company; Lilly Incorporated of Virginia, a 15 Virginia corporation; and Lilly II, L.L.C., a Virginia limited liability company (collectively, 16 the "Developer") presented the best plan for a reuse of the Property; 17 18 WHEREAS, Developer proposes a plan for the development of a multi-use 19 development project consisting of multi-family residential, retail, restaurant and 20 structured parking (the "Project"); 21 22 WHEREAS, the City has Identified approximately 4,372 sq. ft. of the Developer's 23 property as necessary for the City's Pacific Avenue Turn Lane capital project (CIP- 24 100673) (the "Road Project"); 25 26 WHEREAS, as part of the sale of the Property to the Developer, the Developer 27 has agreed to sell the property needed for the Road Project to the City; and 28 29 WHEREAS, the terms and conditions of the of the sale of the Property are set 30 forth in the Term Sheet attached hereto as Exhibit A. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA, 34 35 1. That the Property, consisting of approximately 7,000 sq. ft. (0.17+/- acres), 36 more particularly described on Exhibit B attached hereto and incorporated herein, is 37 hereby declared to be in excess of the needs of the City of Virginia Beach. 38 39 2. That the City Manager, or his designee, is hereby authorized to execute 40 any and all documents necessary for the sale of the Property as contemplated herein, 41 so long as the documents are substantially in accordance with the terms set forth on the 42 Summary of Terms, attached hereto as Exhibit A, and incorporated herein, and such 43 other terms, conditions or modifications as may be acceptable to the City Manager and 44 in a form deemed satisfactory by the City Attorney. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t Way 46 Of ugust , 2025. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE.FOURTHS OFALL COUNCIL MEMBERS ELECTED TO C►TYCOUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Econo c Development CA16733 Utitpov.comWfstleppbcanonsld� AwPd=\tolUYMtw1055489.eoa R-1 6/20/2025 2 6/13/25 EXHIBIT A TERM SHEET 302 22°d Street The City of Virginia Beach(the"City")issued its RFP#ED-24-01 for the sale and adaptive reuse of real property owned by the City at 302 22"d Street(the "City Parcel"). The City received responses from a development team consisting of 21' Street Properties, LLC, Lilly Inc. and Lilly II LLC (each a"Developer Party", and collectively,the "Developer"). The Developer,via the various Developer Parties, owns or controls the parcels to the east, west and south of 302 22°d Street (the "Developer Parcels"). As set forth below, the Developer proposes the development of a mixed-use development prp;ect on the Developer Parcels and the City Parcel, consisting of multifamily residential condominium, retail, restaurant, and structured parking(the"Project"). To accomplish the Project. Developer offered to purchase the City Parcel on the terms and conditions set forth below. 1. Properties (NOTE:All final square footage calculations are subject to a final survey.) a. City Parcel: 0.16+/- acre / 7,000 square feet located at 302 22"d Street, Virginia Beach, VA(GPIN: 2427-18-0657). The City Parcel contains an approximately 4,247 square foot building built in 1927 previously used by the City as a branch of its public library system (the "Library Building"). iw b. Developer Parcels: 2108 Pacific Avenue, 2106 Pacific Avenue, 304, 306 & 308 22"d Street, 305, & 307 21"Street, and 15' x 180.47' private right-of-way. OF The City has identified approximately 2,197 square feet of 2108 Pacific Avenue, 1,947 square feet of 2106 Pacific Avenue, and 228 square feet of the private right- of-way as necessary for the City's Pacific Avenue Turn Lane capital project CIP- 100673 (the "Road Project"), for the construction of a new turn lane along Pacific Avenue(the parcels collectively,the"RPP"). As a part of the sale of the City Parcel to Developer,the Developer will sell the RPP to the City as described below. The Developer Parcels, the City Parcel, and the RPP are all shown on Exhibit A, attached hereto. 2. Proiect Description: The Project will be constructed on the Developer Parcels and the City Parcel. The Developer intends to construct a mixed-use development project generally as described below.The Project will involve the demolition of the existing buildings on the Developer 1 6/13/25 Parcels and the demolition of the Library Building on the City Parcel.The following elements wi 11 constitute the Project,with all numbers approximated and subject to refinement: a. 8-story residential tower consisting of 131 multifamily condominium units. b. 4,340 square feet of restaurant and 4,000 square feet of retail on the first floor of the Project. c. 4-story parking structure with 258 spaces. The restaurant, retail and residential will largely wrap the parking. d. All elements of the Project will be privately owned and o ate ticipated private investment in the Project is between'$96-$100 milli 3. Terms of Sale of City Parcel: The parties will enter into a sales ag ent(the"Sales Agreement") whereby the City will sell the City Parcel to the Developer (or an affiliate) and the Developer will sell the RPP to the City on the below terms: a. The parties agree that the City Property is valued at$75.00 per square foot and the RPP is valued at $105.00 per square foot. (Estimate 7,000 sf x$75.00=$525,000) b. The Parties intend to exchange the City Property for the RPP with consideration being paid based on the difference in value (if any)based on final square footages exchanged (taking into account the different valuations), plus the value of any easements required by the City on the Developer Parcels necessary for the completion of the Road Project, with such value calculated as a percentage of the $105.00 per square foot fee value as agreed, subject to final survey and plat development. (Estimate 4,372 sf x $105.000= $459,060) e. _. nvironmental Conditions. If prior to Closing(defined below)any environmental issues are discovered on either the City Property or the RPP, the City (in the case of the City Property), or the applicable Developer Party (in the case of the RPP) may elect to remediate the issue, or terminate the Purchase Agreement. Notwithstanding the foregoing, (i) the City shall be responsible for the cost associated with the removal of potential underground storage tank(s)located on the City Property, and (ii) Developer shall be responsible for the cost of any building remediation (such as asbestos) associated with the demolition of the Library Building. 2 6/13/25 d. The closing shall occur as follows: If the City Conditions and Developer Conditions as set forth in Section (g) below have been satisfied or waived within 12 months of the date of the Sales Agreement, the parties shall exchange the City Property for the RPP with a cash payment from the Developer to the City to offset the difference in value of property received by the City (the "Closing") (Estimate $65,940). The Closing will involve three separate transactions,to occur simultaneously,between the City and the applicable Developer Party holding title to the RPP being acquired by City. e. After execution of the Sales Agreement and prior to Closing, each party shall have the right to enter onto the property it is to acquire from the other party to'perform such tests, examinations and other due diligence as such party deems necessary. In the event Closing does not occur and the Sales Agreement is terminated, any damage caused by one parry to the property ` 4niother caused by the actions contemplated by this secti all be repaired by th who caused the damage. £ Prior to Closing, the City-a- ees to join as landowner any applications necessary to allow the Developer to ac� Vesite plan approval or discretionary approvals from Planning Corn tission and City Council, if needed. g. Conditions to Closing City Conditions: The City shall not be required to proceed to Closing unless the following are satisfied or waived by the City: i. City has approved the Project as generally consistent with what is set forth above;and ii. Developer has obtained conditional site plan approval from the City's Development Services Center for the Project; and iii. The Developer has provided the City with reasonable evidence of Developer's receipt of financing sufficient to complete the Project. Developer Conditions: The Developer shall not be required to proceed to Closing unless the following are satisfied or waived by Developer. i. Developer has determined the City Parcel is suitable for the development of the Project; and 3 6/13/25 ii. The Developer has obtained closure of the alley running East and West from Pacific Ave.to Arctic Ave. h. Outside Closing Date. If the Closing has not occurred within 12 months of the date of the Sales Agreement, either party may (i) elect to proceed with terminate the agreement on 60 days' notice to the other. i. Construction Commencement. After the Closing, Developer shall commence construction of the Project within 12 months.Construction shall be deemed to have commenced when construction activity has begun at the Project pursuant to valid permits. j. Preservation of Library Building. After Closing, Developer shall not begin the removal, substantial alteration, or demolition of the Library Building unless and until it is ready to commence construction of the Project (the "Demolition Condition"). All demolition costs shall be the responsibility of the Developer. Developer will not be required to repair or replace any elements of the Library Building,but will be responsible for preventing waste and for securing the structure to prevent unauthorized access to the Library Building. The parties agree that while the Library Building will not be preserved,the Developer will place a plaque in a visible portion of the Project dedicated to the Library Building and its historic significance in Virginia Beach. k. Interim uses. Prior to Closing, the parties may continue to use their respective properties (the City Parcel and the RPP) as they deem appropriate so long as such use does not cause waste or serve to frustrate the purposes set forth in this Term Sheet. r 1. Material change in scope. Should, after Closing, the elements of the Project materially change downward (meaning should any element of the Project be reduced by more than 15%),the City shall have the right to approve the elements and scope of the revised Project prior to commencement of demolition of the Library Building. 4. Next Steps a. Public Briefing of Term Sheet. b. Public Hearing and Public Comment on proposed sale. c. City Council vote on Term Sheet and authorize development and execution of sale documents. 4 6/13/25 EXHIBIT A Y t f : mxamnrt+e�acvrra uc �!u�vr�rrst?�o-f dC:C3 ---- --- T I � � { 4 ' i �l� � MAta ..%tYAliCN �Q e Wy i Developer Parcels x C... ..vu+ttJ •1 . �u 3 6, I e l ry p o p -o City Parcel == A _ o .. . RPP wo77, r z w' r fi y �• i zHror� o'a�,r� s '""""'"' .�,,•��' <,... xu.,.i�.« rxoro�anewsnfJ ec.m:narua:f � > 4. u PACIFIC AIYENUE j W'R1GHT OF-WAY j 5 EXHIBIT B LEGAL DESCRIPTION (302 22ND STREET/GPIN: 2427-18-0657) ALL THAT certain lot, piece or parcel of land, with the buildings and improvement thereon, and the rights, privileges and appurtenances thereto belonging, situate, lying and being in the Borough of Virginia Beach, in the City of Virginia Beach, State of Virginia, and known,numbered and designated as Lot number Four (4), in Block number Fifty (50),on Map No. Two (2), of part of the property of the Virginia Beach Development Company, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Bach,Virginia, in Map Book 1, at page 20, to which plat reference is made for a more particular description. 26 ITEM— VII.J.4 ORDINANCESIRESOL UTIONS ITEM#77388 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 2-385 re application fee for annual short term rental permits 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 August 12, 2025 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 2-385 PERTAINING TO THE APPLICATION FEE FOR 3 ANNUAL SHORT TERM RENTAL PERMITS 4 5 SECTION AMENDED: § 2-385 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-385 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-385. Duties and powers of zoning administrator. 14 15 (a) The zoning administrator and his designated deputies and assistants shall be 16 responsible for the enforcement of all zoning ordinances of the city. Police powers are 17 hereby conferred upon the zoning administrator and his designated deputies and 18 assistants while engaged in performing their duties, and they shall exercise all powers 19 and authority of police officers in performing such duties. 20 21 (b) The zoning administrator and his designated deputies and assistants shall also be 22 responsible for the enforcement of short term rental regulations and permitting in the city. 23 All short term rental uses whether permitted, conditional, grandfathered or managed by 24 real estate companies shall obtain a yearly zoning permit from the zoning division of the 25 planning department to operate in the city with a permit fee that includes a of-non- 26 refundable application fee of $200 to be applied to the total permit fee amount of five 27 hundred dollars ($500). The zoning division shall confirm that prior to the issuance of the 28 yearly short term rental zoning permit that the property is in full compliance with the short 29 term rental regulations in the city zoning ordinance. The zoning administrator, after notice 30 to the owner of the short term rental, may bring the short term rental to city council for 31 revocation of its grandfathered status or conditional use permit, which process will be 32 governed by section 241.2(15) of the city zoning ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office 0 CA16809 R-4 August 6, 2025 27 ITEM— VII.J.5 ORDINANCES/RESOLUTIONS ITEM#77389 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections 12-41, 12-43, 12-43.1 and 12-49.1 re Fire Prevention Code 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 August 12, 2025 1 AN ORDINANCE TO AMEND SECTIONS 12- 2 41, 12-43, 12-43.1, AND 12-49.1 OF THE CITY 3 CODE PERTAINING TO THE FIRE 4 PREVENTION CODE 5 6 SECTIONS AMENDED: §§ 12-41, 12-43, 12- 7 43.1, AND 12-49.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VRGINIA BEACH, 10 VIRGINIA: 11 12 That Section 12-41 of the Code of the City of Virginia Beach, Virginia, is amended 13 and reordained to read as follows: 14 15 ARTICLE Ill. FIRE PREVENTION CODE 16 17 Sec. 12-41. Adopted. 18 19 Pursuant to the provisions of Code of Virginia, Chapter 9, Title 27, the fire 20 department is designated and authorized to enforce that certain code known as the 21 Virginia Statewide Fire Prevention Code, to include Appendix B and Appendix D, as 22 promulgated by the Board of Housing and Community Development of the 23 Commonwealth of Virginia, save and except such portions as may be modified or 24 amended in this article, of which code a copy has been and is now filed in the office of 25 the city clerk, and the same is hereby adopted and incorporated as fully as if set out at 26 length herein and the provisions thereof shall be controlling within the limits of the city. 27 28 . . . . 29 30 Sec. 12-43. Amendments. 31 32 (a) As authorized by Code of Virginia, § 27-97, the following provisions are enacted 33 and made more restrictive than the 2009 current Virginia Statewide Fire 34 Prevention Code: 35 36 (1) Overcrowding: It shall be a Class I misdemeanor for any person to permit 37 (i) overcrowding; (ii) the obstruction of aisles, passageways or other means 38 of egress, including obstruction caused by people standing in aisles, 39 passageway or other means of egress; or (iii) admittance of any person 40 beyond the approved occupant load. In addition thereto, the code official, 41 upon finding overcrowded conditions or obstruction in aisles, passageways 42 or other means of egress, or upon finding any condition which constitutes a 43 hazard to life and safety, shall cause the occupancy, performance, 44 presentation, spectacle or entertainment to be stopped until such a 45 condition or obstruction is corrected. The structure may be evacuated or the 46 addition of any further occupants prohibited until the approved occupant 47 load is reestablished or the obstruction has been removed. 48 49 (2) Operator responsibility: The operator or the person responsible for the 50 operation of an assembly or educational occupancy shall check egress 51 facilities before such building is occupied to determine compliance with this 52 section. If such inspection reveals that any element of the required means 53 of egress cannot be accessed, is obstructed, locked, fastened or otherwise 54 unsuited for immediate utilization, admittance to the building shall not be 55 permitted until necessary corrective action has been completed. 56 57 (3) Failure to obtain a permit. When the Fire code official finds that work in any 58 structure or premise is being performed without an Operational Fire Code 59 Permit, contrary to the provisions of the Statewide Fire Prevention Code, or 60 following the revocation of an Operational Code Permit, or is in violation of 61 any pertinent laws or ordinances, or in a manner endangering the public, an 62 order may be issued by the Fire code official to stop such work, operation 63 processes, or occupancy immediately. This order must be in writing. It shall 64 be given to the owner, occupant, the owner's agent, or to the person doing 65 the work, operation, or process. It shall state the conditions under which 66 work, operation, processes, or occupancy shall be continued after issuance. 67 68 (4) Burning of rubbish and yard waste. The burning of rubbish, yard waste, 69 leaves and wire insulation is prohibited. 70 71 L5J Fire Alarm Response. Where a fire alarm system is provided, the owner, 72 duly authorized agent, or the occupant or other person responsible must 73 respond immediately to assist the fire department in the investigation of all 74 alarms received from that occupancy when requested by the fire 75 department. 76 77 (6) Where required. Where access to or within a structure or area is restricted 78 because of secured openings or where immediate access is necessary for 79 lifesaving or fire-fighting purposes, or the commercial structure has a fire 80 alarm or fire suppression system, the fire code official is authorized to 81 require a key box to be installed in an approved location. The key box shall 82 be of an approved type listed in accordance with UL 1037 and shall contain 83 keys to gain necessary access as required by the fire code official. 84 85 (7) Private Fire Hydrants, Fire Department Connections, Identification. Private 86 fire hydrants and Fire Department Connections shall be painted and 87 identified as required by the fire code official. 88 89 (8) Equipment and wiring. Electrical equipment, wiring, devices, and 90 appliances shall be maintained in accordance with section 603 of the 91 Statewide Fire Prevention Code, all manufacturer's instructions, and the 92 applicable standard from the most recent edition National Fire Protection 93 Association Standard 70. 94 95 (9) Copy of records. Records of all system inspections, tests and maintenance 96 requirements required by the referenced standards shall be maintained. A 97 complete, legible copy of all fire protection system inspections tests and 98 maintenance records, that are required by referenced standards in the 99 Statewide Fire Prevention Code, shall be submitted by the inspecting 100 company to the fire code official via a method approved by the fire code 101 official within 10 days of completion. The responsible party shall notify the 102 fire code official immediately of any non-compliant system. It shall be 103 unlawful for any person to submit any fraudulent, falsified, or inaccurate test 104 results. 105 106 (10) Energgy systems. Energy systems shall be approved by the fire code official 107 and shall conform to the most recent edition of the Statewide Fire 108 Prevention Code and National Fire Protection Association Standard 855, 109 Standard for the Installation of Stationary Energy Storage Systems. Energy 110 systems refers to machinery or equipment used for -generating or storing 111 energy. It shall not apply to equipment associated with the generation, 112 control, transformation, transmission, or distribution of energy installations 113 that is under the exclusive control of an electric utility or lawfully designated 114 agency. 115 116 (11) Access and loading. Facilities, buildings, or portions of buildings hereafter 117 constructed shall be accessible to fire department apparatus by way of an 118 approved fire apparatus access road with asphalt, concrete, or other 119 approved driving surface capable of supporting the imposed load of fire 120 apparatus weighing up to 82,000 pounds, 121 122 (12) Dead end fire access roads. Dead end fire apparatus access roads in 123 excess of one hundred fifty (150) feet shall be provided with width and 124 turnaround provisions in accordance with Appendix D Table 103.4 of the 125 Virginia Statewide Fire Prevention Code or as approved by the fire 126 code official. 127 128 13 Signs. Where required by the fire code official, the fire apparatus access 129 roads shall be marked in accordance with the Virginia Beach Fire Lane 130 Requirements document, which is available upon request and posted on 131 the city's website. 132 133 Sec. 12-43.1. Shipbuilding, repair and lay-up. 134 135 Shipbuilding, repair and lay-up facilities shall be in conformance with most recent 136 edition of National Fire Protection Association Pamlphlet Standard 312 137 which is hereby adopted and incorporated herein_., of whiGh a GGp has been and,is ;e 138 filed with the efFine of the pity ole k 139 140 . . . . 141 142 Sec. 12-49.1. Permits and inspections fees. 143 144 Fees for permits or inspections required by this article or the Virginia Statewide 145 Fire Prevention Code are hereby levied in accordance with the following schedule: 146 147 (1) Annual fire inspection fee $50.00 148 However, each business premise located within a structure shall be inspected 149 independently of other areas located in the structure. This fee shall not be levied 150 for the inspection of City or Virginia Beach City Public School facilities. 151 (2) Re-inspection fee for second re-inspection and every subsequent 152 inspection to demonstrate compliance with the Virginia Statewide Fire Prevention 153 Code 50.00 154 No fee shall be charged for any necessary first re-inspection. This fee shall not 155 be levied for the inspection of City or Virginia Beach City Public School facilities. 156 (3) Liquid- or gas-fueled vehicles or equipment in assembly buildings/Motor 157 vehicle display - permit fee per event site (other than dealership) 50.00 158 (4) Fire watch fee (valid for seven (7) days) - required no less than forty-eight 159 (48) hours or by the first business day after the failure of a fire protection system 160 25.00 161 An exception to this permit requirement may be granted by the fire marshal or his 162 designee for delays encountered in obtaining equipment required for repairs. 163 (5) Open burning/Bonfire - permit fee per event site 50.00 164 (6) Open flames and candles/Removing paint with torch - permit fee per site 165 50.00 166 (7) Open burning/Land clearing pit burn - permit fee per month per pit burner 167 50.00 168 (8) Assembly or education occupancies: 169 a. Annual permit fee for facilities with fifty (50) to ninety-nine (99) 170 persons 50.00 171 b. Annual permit fee for facilities with one hundred (100) to five 172 hundred (500) persons 100.00 173 c. Annual permit fee for facilities with five hundred (500) or more 174 persons 150.00 175 d. ABC inspection fee 50.00 176 e. Recalculation of occupancy load fee 50.00 177 (9) Aviation facilities/Airports, heliports and helistops - annual permit fee 178 100.00 179 (10) Floor finishing/Bowling establishments - annual permit fee for 180 refinishing/resurfacing with flammable liquids 100.00 181 (11) Fruit and crop ripening or coloring processes - annual permit fee 182 100.00 183 (12) Dry cleaning plant (flammable or non-flammable chemicals) - annual 184 permit fee 100.00 185 (13) Combustible dust-producing operations/Dust explosion hazard - annual 186 permit fee for any process creating dust explosion hazard 100.00 187 (14) Spraying or dipping/Application of flammable finishes - annual permit fee 188 for the use or handling of more than one (1) gallon per day 100.00 189 (15) Fumigation and thermal insecticidal fogging fee - per location 50.00 190 (16) HPM facilities/Hazardous production - annual permit fee for the use, 191 storage or handling of any hazardous production material 100.00 192 (17) Lumber yard/woodworking plant - annual permit fee for storage exceeding 193 one hundred thousand (100,000) board feet 100.00 194 (18) Organic coatings - annual permit fee for production of greater than one (1) 195 gallon per day 100.00 196 (19) Temporary membrane structures, tents and canopies - annual permit fee 197 for tents greater than nine hundred (900) square feet or air supported structures 198 50.00 199 (20) Waste handling/Wrecking yard, junk yard or waste material plant: 200 a. Annual permit fee 100.00 201 b. Annual permit fee for facilities with waste material greater than two 202 thousand five hundred one (2,501) cubic fee t100.00. 203 (21) Cutting and welding: 204 a. Annual permit fee for all welding 50.00 205 b. Annual permit fee for use of greater than two hundred (200) pounds 206 calcium carbide 100.00 207 C. Annual permit fee for use of greater than two thousand (2,000) feet 208 cubic flammable compressed gas 100.00 209 d. Annual permit fee for use of greater than five (5) pounds carbide in 210 acetylene generator 100.00 211 (22) Aerosol products - annual permit fee for storage or display of greater than 212 five hundred (500) pounds of level 2 or 3 aerosols 50.00 213 (23) Cellulose nitrate film: 214 a. Annual permit fee for storage twenty-six (26) or more pounds50.00 215 b. Annual permit fee for any manufacturer using cellulose nitrate 216 50.00 217 (24) Combustible fibers - annual permit fee for storage of greater than one 218 hundred (100) cubic feet 50.00 219 (25) Compressed gas storage: 220 a. Annual permit fee for storage greater than seven hundred fifty (750) 221 cubic feet of flammable gas 50.00 222 b. Annual permit fee for storage of amounts greater than six thousand 223 (6,000) cubic feet of non-flammable gas 50.00 224 C. Annual permit fee for storage of amounts greater than two hundred 225 (200) cubic feet of corrosive gas 50.00 226 d. Annual permit fee for storage of any amount of toxic or highly toxic 227 gas 50.00 228 (26) Hazardous materials/Corrosives (storage and handling): 229 a. Annual permit fee for use, storage or handling of amounts greater 230 than one thousand (1,000) pounds of solids 50.00 231 b. Annual permit fee for use, storage or handling of amounts greater 232 than fifty-five (55) gallons of liquids 50.00 233 (27) Cryogenic fluids: 234 a. Annual permit fee for production or sale of any amount 235 100.00 236 b. Annual permit fee for storage of greater than five hundred (500) 237 gallons of non-flammable, non-toxic cryogenic liquids 50.00 238 C. Annual permit fee for storage of greater than ten (10) gallons of 239 liquid oxygen 50.00 240 d. Annual permit fee for storage of greater than ten (10) gallons of 241 flammable cryogenic liquids 50.00 242 e. Annual permit fee for storage of greater than ten (10) gallons of 243 cryogenic oxidizer 50.00. 244 (28) Explosives/ammunition and blasting agents - annual permit fee for 245 storage, manufacturing, possession, sale or any other disposition of any amount 246 50.00 247 (29) Explosives/Fireworks/pyrotechnics: 248 a. Permit fee per display for outside aerial display 450.00 249 b. Permit fee for proximate audience 250.00 250 C. Permit fee for storage or sales 50.00 251 (30) Flammable and combustible liquids: 252 a. Annual permit fee for storage, use, handling or processing 50.00 253 b. Temporary AST permit fee 50.00 254 G. SeNiGe statiGR eF Fe{ permit fee 50.0- 255 d.c. UST closure or temporary out of service permit fee 50.00 256 (31) Flammable solids - annual permit fee for storage of amounts greater than 257 one hundred (100) lbs. 50.00 258 (32) Highly toxic and toxic solids and liquids: 259 a. Annual permit fee for use, storage or handling of any amount of 260 highly toxic solids or liquids 50.00 261 b. Annual permit fee for use, storage or handling of amounts greater 262 than one hundred (100) pounds of toxic solids 50.00 263 C. Annual permit fee for use, storage or handling of amounts greater 264 than ten (10) gallons of toxic liquids 50.00 265 (33) LP-gas/Liquified petroleum gases - annual permit fee for storage and use 266 of LP-gas 50.00 267 (34) Hazardous materials/Organic peroxides: 268 a. Annual permit fee for use, storage or handling of any amount of 269 class I or II 50.00 270 b. Annual permit fee for use, storage or handling of amounts greater 271 than ten (10) pounds of class III solids and one (1) gallon of class III 272 liquids 50.00 273 (35) Hazardous materials/Liquid and solid oxidizers: 274 a. Annual permit fee for use, storage or handling of any amount of 275 class III or IV 50.00 276 b. Annual permit fee for use, storage or handling of amounts greater 277 than one hundred (100) pounds of class II solids or ten (10) gallons 278 of class II liquids 50.00 279 C. Annual permit fee for use, storage or handling of amounts greater 280 than five hundred (500) pounds of class I solids or fifty-five (55) 281 gallons of class I liquids 50.00 282 (36) Fumigation and thermal insecticidal fogging/Pesticides - annual permit fee 283 for use, storage, or handling of any amount subject to regulation under the 284 Statewide Fire Prevention Code 50.00 285 (37) Hazardous mate rials/Pyrophoric material - annual permit fee for use, 286 storage or handling of any amount 50.00 287 (38) Unstable liquid or solid (reactive) materials: 288 a. Annual permit fee for use, storage or handling of any amount of 289 class III or IV 50.00 290 b. Annual permit fee for use, storage or handling of amounts greater 291 than fifty (50) pounds of class II solids and five (5) gallons of class II 292 liquids 50.00 293 (39) Water reactive material: 294 a. Annual permit fee for use, storage or handling of any amount of 295 class III 50.00 296 b. Annual permit fee for use, storage or handling of amounts fifty (50) 297 pounds or greater of class II solids 50.00 298 C. Annual permit fee for use, storage or handling of amounts ten (10) 299 gallons or greater of class II liquids 50.00 300 (40) Carnivals and fairs — permit fee per event site 50.00 301 (41) Commercial cooking — operation of commercial cooking appliances in 302 occupancies other than assembly or dwelling — permit fee per event 50.00 303 (42) Covered and open mall buildings — annual permit fee for placement of 304 displays of highly combustible goods, liquid-fired or gas-fired equipment or use 305 of open-flame or flame-producing equipment in a mall 50.00 306 (43) Energy storage systems — annual permit fee for stationary and mobile 307 energy storage systems regulated by Statewide Fire Prevention Code Chapter 308 12 50.00 309 (44) Fire hydrants and valves — permit fee to use or operate fire hvdrants or 310 valves intended for fire suppression purposes accessible to a fire apparatus 311 access road open to the public — per location 50.00 312 Exception: An operational is permit not required for persons having authorization 313 by the water company that supplies the system, the fire department, or the 314 Department of Public Utilities on behalf of the City of Virginia Beach's Water and 315 Sewer Enterprise Fund, including city employees, city contractors and agents 316 persons using a hydrant as an approved water source through a city-issued fire 317 hydrant meter, and authorized vendors performing required inspections. 318 (45) High piled storage — annual permit fee for use of a building or portion 319 thereof as high piled storage area exceeding 500 square feet 50.00 320 (46) Hot work operations permit fee — per location 50.00 321 Hot work operations includes cutting, welding Thermit welding brazing, 322 soldering, grinding, thermal spraying thawing pip installation of torch-applied 323 roof systems or any similar activity. 324 Exception: work that is conducted under a construction permit. 325 (47) Industrial additive manufacturing — annual permit fee to conduct additive 326 manufacturing operations regulated by Statewide Fire Prevention Code Chapter 327 3 50.00 328 (48) Industrial ovens — annual permit fee for operation of industrial ovens 329 regulated by Statewide Fire Prevention Code Chapter 30 50.00 330 (49) Liquid-fueled or gas-fueled vehicles in assembly buildings permit required 331 to display, operate, or demonstrate —permit fee per event site 50.00 332 (50) Magnesium - annual permit fee to melt, cast, heat, treat, or grind more 333 than ten (10) pounds of magnesium 334 (51) Miscellaneous combustible storage — annual permit fee to store in any 335 building or upon any premises in excess of 2,500 cubic feet gross volume 336 50.00 337 (52) Mobile food preparation vehicles — annual permit fee for mobile food 338 preparation vehicles equipped with appliances that produce smoke or grease 339 laden vapor 50.00 340 Exception: Recreational vehicles used for private recreation. 341 (53) Plant extraction systems — annual permit fee to use plant extraction 342 systems 50.00 343 (54) Private fire hydrants — permit fee required for the removal from service, 344 use or operation of private fire hydrants — per location 50.00 345 Exception: permit not required for private industry with trained maintenance 346 personnel or fire department to maintain, test and use private hydrants. 347 (55) Pyroxylin plastics — annual permit fee for storage or handling of more than 348 twenty-five (25) pounds of cellulose nitrate (pyroxylin) plastics and for the 349 assembly or manufacture of articles involving pyroxylin plastics 50.00 350 (56) Refrigeration equipment — annual permit fee to operate a mechanical 351 refrigeration unit or system regulated by Statewide Fire Prevention Code Chapter 352 6 50.00 353 (57) Repair garages and service stations — annual permit fee to operate repair 354 garages and automotive, marine and fleet service stations 50.00 355 (58) State-regulated care facilities — annual permit fee to operate a state- 356 regulated care facility where inspection by the fire official is required by state 357 licensing regulations 50.00 358 (59) Storage of tires, scrap tires and tire byproducts that exceeds 2,500 cubic 359 feet of total volume and for indoor storage of tires and tire byproducts 50.00 360 (60) Tire-rebuilding plants — annual permit fee for the operation and 361 maintenance 50.00 362 (61) Wood productions — annual permit fee to store chips, hogged material 363 lumber or plywood in excess of 200 cubic feet 50.00 364 365 The fees imposed pursuant to this section shall be used to defray the cost of 366 enforcement and appeals under the Statewide Fire Prevention Code. The city manager 367 or his designee may waive any of these fees for permits required in the performance of 368 a contract with the City of Virginia Beach, provided that a written waiver is filed with the 369 fire department along with a copy of the contract. Adopted by the City Council of the City of Virginia Beach, Virginia on the 12th day of August , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Fire Department City Attorney's Office CA16912 R-1 July 1, 2025 28 ITEM— VII16 ORDINANCESIRESOL UTIONS ITEM#77390 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 21-230 re traffic calming 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 August 12, 2025 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10)Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14) Milburn Manor: Davis Street. 40 (15)Lake James: Lake James Drive. 41 (16) Larkspur; Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006: 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010.- 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase. 56 Effective as of September 5, 2018: 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020., 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16, 2024: 68 (1) Linkhorn Park: Pinewood Road between the Little Creek Culvert to Holladay 69 Point. 70 Effective as of September 3, 2024. 71 (1) Charlestown Lakes: Beaufain Boulevard. 72 Effective as of December 10, 2024: 73 (1) Ocean Lakes/Culver Acres: Culver Lane. 74 Effective as of August 12, 2025: 75 ,u Avalon Terrace:Avalon Avenue. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 12 t h day of--August , 2025. APPROV AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: W • Police Department City Attorney's Office APPROVED AS TO CONTENT: Public Works CA 16925 R-1 July 2, 2025 29 ITEM— VUJ.7 ORDINANCESIRESOL UTIONS ITEM#77391 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Manager effective July 1, 2025(Requested by 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 August 12, 2025 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2025, the annual salary of the City Manager, which is 12 currently $313,962, shall be increased by 3% to $323,380, and his car allowance shall 13 remain at $9,000 annually. In accordance with his contract, the City's contribution to his 14 deferred compensation account shall equal 6% of his new salary. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 16893 R-1 June 30, 2025 30 ITEM— VII.J.8 ORDINANCESIRESOL UTIONS ITEM#77392 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Attorney effective July 1, 2025(Requested by 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 August 12, 2025 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2025, the annual salary of the City Attorney, which is 12 currently $272,418, shall be increased by 3% to $280,590; the City's contribution to his 13 deferred compensation plan shall remain at$10,000 annually; and his car allowance shall 14 remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 16894 R-1 June 30, 2025 31 ITEM— VII.J.9 ORDINANCESIRESOL UTIONS ITEM#77393 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Clerk effective July 1, 2025 (Requested by 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 August 12, 2025 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2025, the annual salary of the City Clerk, which is currently 12 $134,185, shall be increased by 3% to $138,210, and the City's contribution to her 13 deferred compensation account shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16895 R-1 June 30, 2025 32 ITEM— VII.I10 ORDINANCESIRESOL UTIONS ITEM#77394 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2025 (Requested by 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 August 12, 2025 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 the City Council; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That, effective July 1, 2025, the annual salary of the City Real Estate Assessor, 13 which is currently $157,145, shall be increased by 3% to $161,859. Her car allowance 14 shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 2025. APPROVED AS TO LEGAL SUFFICIENCY: �� City Attorney's Off icb--"' CA 16897 R-2 August 6, 2025 33 ITEM— VII.J.II ORDINANCESIRESOL UTIONS ITEM#77395 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Auditor effective July 1, 2025 (Requested by 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 August 12, 2025 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2025, the annual salary of the City Auditor, which is currently 12 $163,083, shall be increased by 3% to $167,975. His car allowance shall remain at 13 $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16896 R-1 June 30, 2025 34 ITEM— VII.J.12 ORDINANCESIRESOL UTIONS ITEM#77396 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT,Resolution toAPPOINTRebecca Pazanski to theposition ofDeputy City Clerkll, effective August 7, 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 August 12, 2025 1 A RESOLUTION APPOINTING REBECCA PAZANSKI 2 TO THE POSITION OF DEPUTY CITY CLERK II 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Rebecca Pazanski is hereby appointed 8 to the position of Deputy City Clerk II, effective August 7, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on thel2th day of August , 2025. APPRAVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Clerk City Attorney's Office CA16941 R-1 August 7, 2025 35 ITEM— VII.J.13 ORDINANCESIRESOL UTIONS ITEM#77397 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions in the matter of William F. Daddio and Jean A. Gentry re closure of one-half of an unnamed, unimproved alley adjacent to the rear of 817 Vanderbilt Avenue in Croatan 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 August 12, 2025 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF WILLIAM F. DADDIO AND JEAN 4 A. GENTRY FOR THE CLOSURE OF ONE- 5 HALF OF AN UNNAMED, UNIMPROVED 6 ALLEY ADJACENT TO THE REAR OF 817 7 VANDERBILT AVENUE IN CROATAN 8 9 WHEREAS, on August 20, 2024, the Council of the City of Virginia Beach acted 10 upon the application of William F. Daddio and Jean A. Gentry, for the closure of 11 approximately 375 square feet of an unnamed, unimproved alley right-of-way adjacent 12 to the rear of their property located at 817 Vanderbilt Avenue. 13 14 WHEREAS, William F. Daddio died on July 13, 2024; 15 16 WHEREAS, Jean A. Gentry (the "Applicant") desired to proceed with the street 17 closure; 18 19 WHEREAS, City Council adopted an Ordinance (ORD-3782A) to close, 20 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 21 conditions being met on or before August 19, 2025; and 22 23 WHEREAS, on July 22, 2025, the Applicant requested an extension of time to 24 satisfy the conditions to the aforesaid street closure action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting conditions of closure as stated in the Ordinance 30 adopted on August 20, 2024 (ORD-3782A), upon application of Jean A. Gentry, is 31 extended to August 19, 2026. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day 34 of August , 2025. 35 36 No GPIN assigned (City Right-of-Way) 37 Adjacent to GPIN: 2426-37-6770 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16740 R-1 July 31, 2025 36 ITEM— 1/71 J.14 ORDINANCESIRESOL UTIONS ITEM#77398 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Lake Bradford and into the 100'City-owned strip of land surrounding Lake Bradford at the rear of 4973 Athens Boulevard re construct and maintain a proposed pier walkway and kayak launch, covered dock, landscaping, and rip rap with twelve(12)granite boulders and coir log DISTRICT 9 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 August 12, 2025 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO CITY-OWNED PROPERTY 6 KNOWN AS LAKE BRADFORD 7 AND INTO THE 100' CITY-OWNED 8 STRIP OF LAND SURROUNDING 9 LAKE BRADFORD, LOCATED AT 10 THE REAR OF 4973 ATHENS 11 BOULEVARD. 12 13 WHEREAS, Nancy L. Skeans (the "Applicant") requests permission to 14 construct and maintain a 175 sq. ft. pier walkway and kayak launch, a 225 sq. ft. covered 15 dock, variable width landscaping, variable width rip rap with twelve (12) 18" granite 16 boulders and 309 sq. ft. of 12" coir log (collectively, the "Temporary Encroachment") into 17 City-owned property known as Lake Bradford and into a 100' City-owned strip of land 18 surrounding Lake Bradford, located at the rear of 4973 Athens Boulevard; 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 easements and property 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, Nancy L. Skeans, her heirs, 30 assigns and successors in title are authorized to construct and maintain a proposed 175 sq. 31 ft. pier walkway and kayak launch, a 225 sq. ft. covered dock, variable width landscaping, 32 variable width rip rap with twelve (12) 18" granite boulders and 309 sq. ft. of 12" coir log, 33 into City-owned property known as Lake Bradford (GPIN 1479-38-4812) and into the 100' 34 City-owned strip of land surrounding Lake Bradford as shown on the exhibit map entitled: 35 "EXHIBIT A EXHIBIT FOR NANCY SKEANS 4973 ATHENS BLVD. VIRGINIA BEACH, VA 36 23455. FOR ENCROACHMENT INTO BRADFORD LAKE AND A 100' STRIP OF 37 VIRGINIA BEACH PROPERTY ADJACENT TO LOT 23 A," Scale: 1/32"= V-0", dated April 38 30, 2025, prepared by DCLA, a copy of which is attached hereto as Exhibit "A" and on file 39 in the Department of Public Works and to which reference is made for a more particular 40 description; 41 42 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 43 subject to those terms, conditions and criteria contained in the agreement between the City 44 of Virginia Beach and Nancy L. Skeans, (the "Agreement"), an unexecuted copy of which 1 46 has been presented to the Council in its agenda, and will be recorded among the records of 47 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 48 49 BE IT FURTHER ORDAINED, that the City Manager or his authorized 50 designee is hereby authorized to execute the Agreement; and 51 52 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 53 such time as Nancy L. Skeans, and the City Manager or his authorized designee execute 54 the Agreement. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t h 57 day of August , 2025. CA16715 R-1 Prepared: 5/21/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, FkEAL ESTATE A R. HARMEYER DEPUTY CITYATTORNEY 2 N/F: WHITTINGTON B COLLINS- o ATHENS BLVD 4972 ATHENS BLVD IN(F) - GFiN #15703160080000 N41°36'41"V1l N85° 3'26"W 99 00' RAD. (FORMERLY LAKE 0 BOULEVARD) (D.B. 3924, PG. 473) LOTS 26 & 27 20.88'PIN(F) `''0, PIN ; ) N,&-VAa. RW ('M.B. 9, PG. 91 1'570-31-6008 N? (M.B. 153, PG.53) 21 \ T2 - N30006'44" 28.62' — < 23A 22 FALLEN S23033'31"W 120.2' PIN,.(F} 3 TREE #4973 = -8 N F: JORDAN\& K RISTA \ N15°2T 1"W 33.7T S4. HEBENSTREIT N/F: LAKE T1 - PINE , N/F: NANCY SKEANS r 1-STY-FRAME Z 4965 ATHENS BLVD BRADFORD, GPIN 497,3 ATHENS BLVD m -20'—B S.L. EXISTING ;GPIN #15703170440000 #14793848120000, M.B. 9, PG.91, RESIDENCE INS #: 20200527000446290 BK4667PG1642, GPIN# 15703160440000 .#: 2020 5190 370 DB 1018 PG.154 G3 ;INS #: 202403026893 PROPER 0�427 (M.B. 9, PG.91) o INS #: 201807170 0584700 N82°34'11"W 54.13' PIN(F) N82°42'19"W 31.82' 13 KAYACK S66025'26"W 93' PIN(F) N/F: CITY OF VIRGINIA BEACH LAUNCH 30' 5' N81°59'21"W 20.77' GPIN #14793848120000, H4—PIER H3 I __.__ BK4667PG1642, 15� j 15' T-6,�'r T1 — PINE DB 1018 PG.154 (M.B. 9, PG.91) H1—DOCK r " EXISTING TOP OF BANK NAD83 - (REGRADE AS NEEDED) T2 NORTH REGRADE T1 - T2 - FALLEN BANK, APPROX. PINE FALLEN ---_8-, - TREE �1170 ,_ TREE. _. T2 - FALLEN TREE S1 G2 0� �� 125 YD3 (SEE fir'. , G1 S2 SECTION A-A T1 ' � ,�SINE --�- 6 7_ `l \ DAVID M. CHEWEY ON SHEET 3) �,. _ T,1-=_`:� LIo. No. 0406002091 , 04- T1 12" ; . aY_... r 25�c, -PINE 28-20 -T1::: f SCAPE pRC��� MAPLE CLUMP \ el� PH2 APPROX. ED WATER & ELEV. 3.93' David M. Chewey 40' 30' 20' 10'5' 0' 20' 40' LLA# AS002091 SCALE 1/32"=V-0" (NAVD88) CONTOUR Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: 1/32"=V-0" (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 1 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 LEGEND -SOFTSCAPEr Zone#3 - Marsh planting TOE P 9 (Grouping of 9 each - 2" plugs Icon Code Name 4ty Size planted 18" on center 4 plants every Groundcover planting g ftZ) Equisetum hyemale- Rough 315 2" C Zone#1 - Upland planting r z, Horsetail, Asclepias incamata - Lft, plugs of 8 each - 2" plugs G3 Swamp Milkweed, Hibiscus Z „ (Grouping p g 313ft , 18 planted 18" on center 14 plants every moscheutos- Swamp Hibiscus, g ft ) Juncus effusus- Soft Rush, Iris #140 o.c. Penstemon digitalis- versicolor- Northern Blue Flag, 7 7 Smooth White Penstemon, 2" Pontederia cordata- Pickerelweed, 1 209 T ha tifolia- Narrowleaf G1 Schizachyrium scoparium- Little ftZ plugs ,„ yp an us g Cattail 7 Bluestem, Rudbeckia hirta- Black #538 18 :` Eyed Susan, Liatris spicata- Dense O.C. Blazing Star, Echinacea purpurea- Shrub planting (in mulch) Purple Coneflower, Asclepias Myrica cerifera ' tuberosa- Butterfly Weed, 0 S 1 Wax Myrtle #8 3 gal Coreopsis lanceolata- Lance-leaved Itea virginica 'Henry's Garnet' Coreopsis S2 Henry's Garnet Virginia Sweetspire #29 3 gal Zone#2 - Marsh planting Lawn planting (Grouping of 9 each -2" plugs Trees planted 18" on cent 14 plants every O g ft T1 Existing trees to remain - - Equisetum hyemale- 2" fT\ T2 Existing trees to be removed #6 - Rough Horsetail, Asclepias incamata 1 483 �1 G2 - Swamp Milkweed, Hibiscus ftZ, p18 s Total new planting bed area: 3 005 ftZ moscheutos- Swamp Hibiscus, #660 Juncus effusus- Soft Rush, °'C' nM. CHEWEY Iris versicolor- Northern Blue Flag,Pontederia cordata- Pickerelweed,Typha angustifolia- NarrowleafCattailDavid M. Chewey �4 LLA # AS002091 APE otl- Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: 1/32"=1'-0" (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 2 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 LEGEND - HARDSCAPE Hard landscape Proposed covered dock (All wood to be Marine grade pilings and support H1 beams, decking to be Wolf PVC deck 225 ftZ boards. Cover to be asphalt shingles to match the house) H2 12"Coir log 309 W, 309 Lft Rip Rap (12-18" Granite boulders H3 approx. 3 Ton) #19 Proposed pier walkway (All wood to be Marine grade pilings and support 2 H4 beams, decking to be Wolf PVC deck 175 ft boards) DAVID M. CHEWEY a Lic. No. 0406002091 < 04-28-2025 9y�S�APE AR�'�\��` David M. Chewey LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: NTS (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 3 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 ; to + A ' a r$a of �, " RIPARIAN UPLAND ZONE: HERBACEOUS + SHRUB PLANTS PROPOSED UPLAND PLANTINGS: HERBACEOUS VEGETATION + SHRUBS LINE OF OLD BANK CUT SAND/SOIL FILL, AVERAGE DEPTH 2.25 PROPOSED MARSH PLANTINGS `� , + y, ' y " �► , 12" COIR LOG 1' MARSH I _ _ Y 1 PLANTING TOE .. � . . - - 4' � AII ,LpLTH 0, 1' 1' 5' 3' + DAVID M. CHEWEY a ORDINARY HIGH NOTE: REGRADE BANK, LIc. 5os� WATER MARK APPROX. 125 YD3 <�y04-28-202-2025��� SDA PE hit David M. Chewey A-A: SHORELINE CROSS SECTION (NTS) LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: NTS (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 4 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 LAKE BRADFORD REGRADED BANK FOR SMOOTHER TRANSITION ORDINARY HIGH TO WATER AROUND DOCK/WALKWAY WATER MARK PROPOSED DOCK/WALKWAY PROPOSED MARSH PLANTINGS 12-15" DIAMETER GRANITE RIP EX. GRADE 12" COIR LOG RAP ON UNDISTURBED GROUND 1' 1' S' r,pLT H p,`/c DAVID M. CHEWEY a PROPOSED FILL @ TOE OF COIR LOG Lic. No. 0406002091 AND ABOVE COIR LOG = 125 YD3 � 04-28-2025 9APE ARC�\� David M. Chewey B-B: RIP RAP/COIR LOG W/ DOCK CROSS SECTION (NTS) LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: NTS (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 5 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 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 19 Wday of J11AX 20 2 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NANCY L. SKEANS, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT "23-A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 23, 24 & 25, LAKE BRADFORD PARK (M.B. 9, PG. 91) BAYSIDE DISTRICT VIRGINIA BEACH, VIRGINIA," Scale 1" = 30', dated November 7, 2017, prepared by GEOSTAT Land Surveys, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20180717000584700, and being further designated, known, and described as 4973 Athens Boulevard, Virginia Beach, Virginia 23455-1301; WHEREAS, it is proposed by the Grantee to construct and maintain a 175 sq. ft. pier and walkway, a 15' x 15' kayak launch, a 225 sq. ft. covered dock, variable width assorted landscaping, a variable width rip rap and with twelve (12) 18" granite boulders and 309 sq. ft. of 12" coir log, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1479-38-4812 (CITY-OWNED PROPERTY KNOWN AS LAKE BRADFORD AND 100' STRIP OF LAND) 1570-31-6044 (4973 ATHENS BOULEVARD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Lake Bradford and the 100' City-owned strip of land surrounding Lake Bradford, 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 EXHIBIT FOR NANCY SKEANS 4973 ATHENS BLVD. VIRGINIA BEACH, VA 23455. FOR ENCROACHMENT INTO BRADFORD LAKE AND A 100' STRIP OF VIRGINIA BEACH PROPERTY ADJACENT TO LOT 23 A," Scale: 1/32" = V-0", dated April 30, 2025, prepared by DCLA, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public 2 necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 4973 Athens Boulevard, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 4973 Athens Boulevard. 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 3 to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 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 4 Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, NANCY L. SKEANS, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 S i%c.n<� STATE OFgenj/,Sg)1.etk4#4vjIVR„/� Nancy L. S eans CITY/COUNTY OFto-wit: 0^ The foregoing instrument was acknowledged before me this day of --u n e , 2025, by Nancy L. Skeans. (SEAL) Notary Pub My Notary Registration Number: 141$ 9 :My ommonwealth=M�arch Pennsylvania No Notary Seal 3U ernadette JNotary Public My Commission Expires: 3 "d,?-DYE Alty commissirch 23,2026Commis1418309Member,Pennsylania Association of Notaries APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORK — REAL ESTATE A YiARMEYER DEPUTY CITY ATTORNEY 7 N/F: WHITTINGTON B COLLINS P N(F) 5' S.L. ATHENS BLVD 0 4972 ATHENS BLVD (FORMERLY LAKE GPIN-#15703160080000 N41036'41"W N85t T26"W 99.00' RAD. BOULEVARD) (D.B. 3924, PG. 473) LOTS 26 & 27 2 0.8 8 PIN(F) o, PIN ) 30' &-VAR. R/W) (M.B. 9, PG. 91 1570-31-6008 Ni (M.B. 153, PG.53) 21 T2 - N30006'44" 28.62'—�— � 23A �J 22 � ' FALLEN S23033'31"W 120.2' PIN�(F� 3 TREE #4973 =- � N F: JORDAN & KRISTA N15°2T 1"W 33.77' •s�. , N/F: LAKE T1 - PINE N/F: NANCY SKEANS � 1-STY-FRAME HEBENSTREIT BRADFORD, GPIN ; ��� � � _ 4965 ATHENS BLVD 4973 ATHENS BLVD 2�S.L. EXISTING I TING ;GPIN #15703170440000 #14793848120000, M.B. 9, PG.91, INS #: 20200527000446290 BK4667PG1642, GPIN# 15703160440000 #: 2020` 5190 427370 DB 1018 PG.154 G3 PROPERTY L OQ— INS #: 202403026893 1 N82°34'11"W 54.13' PIN(F) (M.B. 9, PG.91) �� � ,INS #: 201807170Q0584700 I _13, �% N82°42'19"W 31.82' KAYACK LAUNCH S66025'26"W 93" PIN(F) N/F: CITY OF VIRGINIA BEACH H4-PIER 30' 5" N81059'21"W 20.77' GPIN #14793848120000, 1'S' H3, 1 BK4667PG1642, 15' 3-6�'^ T1 - PINE ' DB 1018 PG.154 (M.B. 9, PG.91) H1-DOCK " EXISTING TOP OF BANK N�83 (REGRADE AS NEEDED) T2 - ( NORTH T2 - FALLEN REGRADE „ T1 - �� % BANK, APPROX. PINE FALLE g�, TREE p1rH o,r 125 YD' (SEE �� T1 - T7RF7 T2 - FACLEN REE S1 G2 G1 S2 SECTION A-A i `PINE 1 DAVID M. CHEWEY 6_ ON SHEET 3) T41 Uc. No. 0406002091 7c 7V V -:v� vc _ ..V T1 - 12" PItE_-_ .,. <� 04-28-2025��� CLUMP T1- y°SOLIPE►,lt MAPLE �- ' E ; H2 APPROX. ED WATER & ELEV. 3.93' David M. Chewey Q. so' so' �0�6� o' so' Q. NAVD88 SCALE 1/32"=1'-0" ( ) CONTOUR LLA# AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virgijand Virginia Beach,VA Scale: 1/32"=1'-0" (8.5x11) Beach, VA 23455. For encroachment into Bradford LakIII dave@davidchewey.com Pg. No: 1 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 757 272 7515 LEGEND -SOFTSCAPE Zone#3 - Marsh planting TOE _T (Grouping of 9 each - 2" plugs Icon Code Name aty Size planted 18" on center 14 plants every 9 ft2) Groundcover planting Equisetum hyemale- Rough Zone#1 - Upland planting Horsetail, Asclepias incamata - 315 2" � ' Lft, plugs \, (Grouping of 8 each - 2" plugs G3 Swamp Milkweed, Hibiscus 313 ft2, 18" planted 18" on center 14 plants every moscheutos- Swamp Hibiscus, 9 ft2) Juncus effusus- Soft Rush, Iris #140 o.c. 77 Penstemon digitalis- versicolor- Northern Blue Flag, �? n 7/ Smooth White Penstemon, 2„ Pontederia cordata- Pickerelweed, 17 7 G1 Schizachyrium scoparium- Little 1 209 plugs Typha angustifolia- Narrowleaf 2 7 7 Bluestem, Rudbeckia hirta- Black #538 18 Cattail \ Eyed Susan, Liatris spicata- Dense O.C. Shrub planting Blazing Star, Echinacea purpurea- P g (in mulch) Purple Coneflower, Asclepias Myrica cerifera �' tuberosa- Butterfly Weed, S1 Wax Myrtle #8 3 gal Coreopsis lanceolata- Lance-leaved Itea virginica 'Henry's Garnet' c Coreopsis S2 Henry's Garnet Virginia Sweetspire #29 3 gal Zone#2- Marsh planting Lawn planting (Grouping of 9 each - 2" plugs Trees planted 18" on center 14 plants every 9 ft2) O T1 Existing trees to remain - Equisetum hyemale- 2" 1"T� T2 Existing trees to be removed #6 Rough Horsetail, Asclepias incamata 1 483 - G2 - Swamp Milkweed, Hibiscus ft2, p18 s Total new planting bed area: 3 005 ft2 moscheutos- Swamp Hibiscus, #660 Juncus effusus- Soft Rush, 0.C. ''T" ` Iris versicolor- Northern Blue Flag, Pontederia cordata- Pickerelweed, DAVID M. CHEWEY Typha angustifolia - Narrowleaf Uc. No.0406002091 Cattail David M. Chewey ,,y04-28-2025�°� LLA # AS002091 �S�APE Agc' Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virgin]and Virginia Beach,VA Scale: 1/32"=l'-0" (8.5x11) Beach, VA 23455. For encroachment into Bradford Lak dave@davidchewey.com Pg. No: 2 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 757 272 7515 LEGEND - HARDSCAPE Hard landscape Proposed covered dock (All wood to be Marine grade pilings and support H1 beams, decking to be Wolf PVC deck 225 ft2 boards. Cover to be asphalt shingles to match the house) H2 12" Coir log 309 ft2, 309 Lft Rip Rap (12-18" Granite boulders H3 approx. 3 Ton) #19 Proposed pier walkway (All wood to be Marine grade pilings and support 2 H4 beams, decking to be Wolf PVC deck 175 ft boards) o��r,pLT H 0, o Z DAVID M. CHEWEY Lic. No. 0406002091 04-28-2025 9y�S�APE ARC�\��` David M. Chewey LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: NTS (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and lijdave@davidchewey.com Pg. No: 3 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 r, Y Y � r � RIPARIAN UPLAND ZONE: HERBACEOUS + SHRUB PLANTS PROPOSED UPLAND PLANTINGS: HERBACEOUS VEGETATION + SHRUBS LINE OF OLD BANK CUT SAND/SOIL FILL, AVERAGE DEPTH 2.25' PROPOSED MARSH PLANTINGS , • y �y "� •may ' 12" COIR LOG 1' MARSH PLANTING TOE '3 - 4' ,4<ALT H 0, 1' 1' 5' o c2 DAVID M. CHEWEY a ORDINARY HIGH NOTE: REGRADE BANK, Lic. No. 0406002091 WATER MARK APPROX. 125 YD' <'y04-28-2025�0� �SOAPE David M. Chewey A-A: SHORELINE CROSS SECTION (NTS) LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: NTS (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 4 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 LAKE BRADFORD REGRADED BANK FOR SMOOTHER TRANSITION ORDINARY HIGH TO WATER AROUND DOCK/WALKWAY WATER MARK PROPOSED DOCK/WALKWAY PROPOSED MARSH PLANTINGS 12-15" DIAMETER GRANITE RIP EX. GRADE 12" COIR LOG RAP ON UNDISTURBED GROUND -01 7W aq 1 1 ' _ s 1' 1' 5' tAITH p�,`/c DAVID M. CHEWEY > PROPOSED FILL @ TOE OF COIR LOG Lic. No. 0406002091 AND ABOVE COIR LOG = 125 YD3 <9 04-28-2025 APE Aik- David M. Chewey B-B: RIP RAP/COIR LOG W/ DOCK CROSS SECTION (NTS) LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virgin]and Virginia Beach,VA Scale: NTS (8.5xl 1) Beach, VA 23455. For encroachment into Bradford Lak dave@davidchewey.com Pg. No: 5 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 757 272 7515 37 ITEM— VII.J.15 ORDINANCESIRESOL UTIONS ITEM#77399 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Island Lake West at the rear of 2417 Broad Bay Road re construct and maintain a vinyl bulkhead, two (2) wood piers, wood wharf with four(4)piles and a boat lift DISTRICT 8 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 August 12, 2025 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS ISLAND LAKE 7 WEST, LOCATED AT THE REAR OF 2417 8 BROAD BAY ROAD. 9 10 WHEREAS, Elizabeth J. Needham (the "Applicant"), requests permission to 11 construct and maintain 91.65' feet of vinyl bulkhead, a 4.33' x 43.04' wood pier, a 4.33' x 12 42.94' wood pier, a 4.33' x 89.88' wood wharfwith four (4) 12" piles and a 12.5' x 11.5' boat 13 lift, (collectively, the "Temporary Encroachment") into City-owned property known as Island 14 Lake West, located at the rear of 2417 Broad Bay Road (GPIN: 1499-98-0839); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City-owned property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Elizabeth J. Needham, her 25 heirs, assigns and successors in title are authorized to construct and maintain the 26 Temporary Encroachments within the City-owned property as shown on the map entitled: 27 "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, 28 WOOD PIERS, WOOD WHARF & 4 PILES FOR BOAT LIFT FOR ELIZABETH J. 29 NEEDHAM LOCATED ON LOT 75, BAY ISLAND, SECTION ONE M.B. 45, PG. 37 CITY 30 OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated February 10, 2025, prepared by 31 Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit"A"and on file 32 in the Department of Public Works and to which reference is made for a more particular 33 description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 36 subject to those terms, conditions and criteria contained in the agreement between the City 37 of Virginia Beach, and Elizabeth J. Needham (the "Agreement"), an unexecuted copy of 38 which has been presented to the Council in its agenda and will be recorded among the 39 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach. 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t h 48 day of August , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: J Y B IC WORKS / REAL ESTATE . HARMEYER DEPUTY CITY ATTORNEY CA16717 R-2 Preparedcac REMOVE ISLAND LAKE WEST SHEET INDEX EXISTING PIER FLOOD C01 EX. CONDITIONS REMOVE EXISTING BULKHEAD REMOVE CO2 BULKHEAD EBB EXISTING FLOAT CO3 PIER &WHARF EXISTING RIP-RAP REMOVE C04 PILES FOR BOAT LIFT (OF OTHERS) Q\��1 �39 2S,S8'�v STING BULKHEAD C05 NOTES,TABLES&OWNERS 8g•88• ��-�N�O CD 74 M.B. 45, PG. 37 75 .�tALTH of o GPIN: 1499-98-0839 76 N I.N. 20150713000656100 M.B. 45, PG. 37 ` DA �� UTLER � `I c.No.383900 0 o r �25 A� w a 3 STORY m m �SSIONAL cn BRICK BUILDING #2417 w 'm N O 4 SEE SHEET 5 FOR CURVE TABLE m 44a•89 �L �s C 1 BROAD BAY ROAD (50' R/W) �J FORMERLY ANCHOR ROAD M.B. 45, PG. 37 0 40 80 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Existing Conditions Sheet: 1 of 5 PROPOSED VINYL BULKHEAD, WOOD PIERS,WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=40' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W-N,Mbm.Eiuhi -2417 Brae)Bey Roe Dq,\B-01 bh&b d g.1/21/2025 435,00 PM,1 1 /76 M.B.45, �6' �1 PG. 37 N21 9,0 2 6993 8 E �1 �O• vh SEE LINE TABLE ON SHEET 5 QO OQ00 v OQryyOpQ�v ,#000 h �0 �0Q 1P 37) �p�P (pII.B• 45, PG. a �hh yo o ^, �VALT$0FL 75 0� ♦G, GPIN: 1499-98-0839 0 I.N. 20150713000656100 U DA UTLER w c.No. 38395 S4 �� °;4 , 2,0 6 /,moo S`SJONAL t 74 �3S�Oy� M.B. 45, PG. 37 9 0 12 24 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Bulkhead Sheet: 2 of 5 PROPOSED VINYL BULKHEAD, WOOD PIERS, WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=12' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W^NeeA .Ebab<,b-2417 Broad Bw Road\Dr\Z l Ea bR"41211 $4:35U1 M,1.1 Q F 0 S�C..rP 79 ,P Q�o 016 A� Q,p 9 75 �06, 0, 9y' �'� GPIN: 1499-98-0839 QA��FO I.N. 20150713000656100 O 7c8 45, PC 37) h�2Oa� 433, O 8 ��ca� '8S• h,` ��h ��,pLTH OF o� �r � O � DA - UTLER `I c.No. 38395 CO 1S��pg, �sst AL E��1 74 203570'� M.B. 45, G. 37 9 0 12 24 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Pier&Wharf Sheet: 3 of 5 PROPOSED VINYL BULKHEAD, WOOD PIERS, WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=12' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W Nedh.Ehua -2417 Brwd Bey R..ADrew 9lV3-0 Uh,bn. q 4121IM25435U1 RM.II 0 PROPOSED 4 12" PILES (TYPICAL) FOR 12.5'x11.5' BOAT LIFT �s ' ISLAND LAKE WEST FLOOD J ' � EBB I � M I � \ M M fp N W '26 80, N 74 M.B. 45, PG. 37 H3 1260, 0 CV 3 89.88. 0 o� o ALTH 0 75 0�' Gr GPIN: 1499-98-0839 G'✓ I.N. 20150713000656100 O DA *i UTLER `I` c.No.38395 25 w� �SSIONAL E�G� 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Piles for Boat Lift Sheet: 4 of 5 PROPOSED VINYL BULKHEAD, WOOD PIERS, WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=10' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA WV!<edham.Eh— -2411 B,aad Bay Road3Dar q,Q3-01 Eab,bi[dw 4/21 2(1254 3—PM,1 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. �ALTg O 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. G 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: o� AMERICAN ENGINEERING ASSOCIATES - SOUTHEAST, P.A. INC. DATED: 7-7-15 p 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF u DA *t UTLER RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. �I c.No.38395 LINE TABLE LINE BEARING DISTANCE �SSIONAL ECG L1 S39'25'58"E 0.82' L2 S40'46'44"W 7.22' L3 S83'13'57"W 4.23' L4 N5649'26"W 15.56' L5 N29'28'33"W 15.33' L6 N51'54'45"E 13.33' L7 S68'30'52"E 10.14' L8 S28'39'41"E 10.70' L9 S72'23'30"E 5.20' L10 S48'50'50"E 9.12' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD C1 19'40'00" 436.99' 150.00' 75.74' S58'40'49"E 149.26' -------------.-_-��--------ADJACENT OWNERS ------ -----_.__�-l KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN j CONSTANCE P. LOSCHI, LOT 74, M.B. 45, LIVING TRUST I.N. 20130612000682690 BAY ISLAND PG. 37 1499-98-1831 - -------- - ---------- - SECTION ONE - -- - BRANDTE JONES PG. 37 JONES & I N. LOT 76 20190328000245670 BAY ISLAND M.B. 345, 7 LOTTE 1499-88-9924 , _-- ------__�._--.-- ----_-__------___--- SECTION ONE jI EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Notes, Tables&Owners Sheet: 5 of 5 PROPOSED VINYL BULKHEAD, WOOD PIERS,WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: NA Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B.45, PG. 37 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA WANE dl m.Ehmbeth-2117 Broad Bev Road Wrewin9sN2 l&x k".421/2025 e:35U1 PM.1:1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 20-�S, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ELIZABETH J. NEEDHAM, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "75" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO, VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February, 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2417 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain 91.65' feet of vinyl bulkhead, a 4.33' x 43.04' wood pier, a 4.33' x 42.94' wood pier, a 4.33' x 89.88' wood wharf with four (4) 12" piles and a 12.5' x 11.5' boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY-OWNED PROPERTY ISLAND LAKE WEST — NO GPIN ASSIGNED) 1499-98-0839 (2417 BROAD BAY ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Island Lake West, 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 EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD PIERS, WOOD WHARF & 4 PILES FOR BOAT LIFT FOR ELIZABETH J. NEEDHAM LOCATED ON LOT 75, BAY ISLAND, SECTION ONE, M.B. 45, PG. 37, CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated February 10, 2025, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the 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 Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 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, ELIZABETH J. NEEDHAM, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: e Elizabbth J. ed m STATE OF VIRGINIA CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this 'day of 201f, by Elizabeth J. Needham. -7 (SEAL) kotary Public JACOB T NESS NOTARY PUBLIC I n COMMONWEALTH OF VIRGINIA My Notary Registration Number: O� V MY COMMISSION EXPIRES JUNE 30,2028 My Commission Expires: 36 IgAg COMMISSION 0 8121670 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P B C W OF4KS / REAL ESTATE R. KRMEYER DEPUTY CITY ATTORNEY REMOVE ISLAND LAKE WEST SHEET INDEX EXISTING PIER REMOVE FLOOD C01 EX. CONDITIONS EXISTING BULKHEAD REMOVE CO2 BULKHEAD � EBB EXISTING CO3 PIER &WHARF EXISTING RIP—RAP REMOVE C04 PILES FOR BOAT LIFT (OF OTHERS) Q��, �39EXISTING 2S,S8'�V BULKHEAD 605 NOTES,TABLES&OWNERS rY 89 88, KN�,O / 74 M.B.45, PG. 37 75 M GPIN: 1499-98-0839 76 O� Gj N I.N. 20150713000656100 M.B.45, PG. 37 N. v DA UTLER cD 11 c.No. 38395 o r GO- ,25Q0 � 3 STORY m (n IONAL to BRICK BUILDING 0 #2417 �,, 'm SEE SHEET 5 FOR o �� CURVE TABLE � 44109' `" �s Q�� C 1 Qom` BROAD BAY ROAD (50' R/W) �J FORMERLY ANCHOR ROAD M.B. 45, PG. 37 0 40 80 EXHIBIT A � I ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD PIERS, Sheet Name: Existing Conditions Sheet: 1 of 5 WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=40' Date: Feb. 10,2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B.45, PG. 37 /7F71A70 0427 �7 rAv nIT/ �r i1111/'.Is • .�.�. ..--__.._ /76 M.B.45, ,73 PG. 37 Pop N21*29 08"E �O 6.99• moo• �,� SEE LINE TABLE ON SHEET 5 °O® O� P t�, PG. 45, 37 ALTN OFL 75 O 1 GPIN: 1499-98-0839 I.N. 20150713000656100 DA UTLER cri `1 c.No. 38395 .76, /A® ��s`SjONAL E�G1 74 2o•3s�o /M.B. 45, PG. 37 9 0 12 24 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD PIERS, Sheet Name: Bulkhead Sheet: 2 of 5 WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=12' Date: Feb. 10,2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS&ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 4, Q�O 4��• °Q A 06 OA ,fib OAS+ it.� p4• '9 �h ,o �? 9°S• �9 75 �Y�04 9�• ? °• GPIN: 1499-98-0839 0ON, O 0 � I.N. 20150713000656100 O �p �• ?? 45, PG' 37� <v20�k 4,33 �4� �885• h^ �4hh ,ALTg O� L � O � It 40 V DA �i UTLER 1 c.No.38395 AL 0CI��x Q���1�5�)• �s`sjON 'S 09. 0 M.B.45, PG. 37 EXHIBIT A 0 12 24 ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD,WOOD PIERS, Sheet Name: Pier&Wharf Sheet: 3 of 5 WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=12' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM LOCATED ON SURVEYORS&ENGINEERS LOT 75, BAY ISLAND, SECTION ONE 323 FIRST COLONIAL ROAD M.B.45, PG. 37 VIRGINIA BEACH,VIRGINIA 23454 ,c�..oc_oaon Fax CITY OF VIRGINIA BEACH,VIRGINIA 0 PROPOSED 412" 121 PILES(TYPICAL) FOR J 12.5'x11.5'BOAT LIFT ' ISLAND LAKE WEST �j FLOOD J ' EBB N a 26.80. N 74 M.B.45, PG. 37 b N3 ��Sp N 8 25,5a w 0 o, tXLTH ODD tq 75O 1 GPIN: 1499-98-0839 I.N. 20150713000656100 U DA >Wi UTLER `lc.No.38395 � v SSj01VAL ECG 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Piles for Boat Lift Sheet: 4 of 5 PROPOSED VINYL BULKHEAD, WOOD PIERS, W®OD WHARFS 4 PILES FOR BOAT LIFT Scale: 1"=10' Date: Feb. 10, 2025 FOR t GALLUP ELIZABETH J. NEEDHAM SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B.45, PG. 37 F2, THIS AN WAS PERFORMED WITHOUT HE BENEFIT OF A TITLE REPORT.HIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY.AMERICAN ENGINEERING ASSOCIIATESS PLAN IS BASED UPON A I — SOUTHEAST, P.A. I SURVEY NC. O DATED: 7-7-15 FOR v DA - UTLER > 4. ACH IS NOT RESTRICTIONS REQUIREDITY OF VIRGINIA BYOTHER ASSOCIATIONS RESPONSIBLEOR AGENCIES.ATION OF Y c.No.38395 RES q0- LINE TABLE G IpNAL LINE BEARING DISTANCE SS E� L1 S39'25'58"E 0.82' L2 S40°46'44"W 7.22' L3 S83'13'57"W 4.23' L4 N5649'26W 15.56' L5 N29'28'33"W 15.33' L6 N51'54'45"E 13.33' L7 S68'30'52"E 10.14' L8 S28'39'41"E 10.70' L9 S72'23'30"E 5.20' L10 S48'50'50"E 9•12' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD Cl 19'40'00" 436.99' 150.00' 75.74' S58'40'49"E 149.26' --— ADJACENT OWNERS OWNER INSTRUMENT LEGAL INSTRUMENT GPIN j KEY LOT 74, M.B. 45, 1499-98-1831 CONSTANCE P. LOSCHI, I.N. 20130612000682690 BAY ISLAND PG. 37 LIVING TRUST SECTION ONE LOT 76, M.B. 45, BRANDON JONES & I N. 20190328000245670 BAY ISLAND PG 37 1499-88-9924 2 LOTTE JONES SECTION ONE EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD,WOOD PIERS, Sheet Name: Notes, Tables &Owners Sheet: 5 of 5 WOOD WHARF & 4 PILES FOR BOAT LIFT Date: Feb. 10, 2025 FOR Scale: NA ELIZABETH J. NEEDHAM GALLUP LOCATED ON SURVEYORS&ENGINEERS LOT 75, BAY ISLAND, SECTION ONE 323 FIRST COLONIAL ROAD M.B.45, PG. 37 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA -%A% 0 04'A'D(71MA95-2390 FAX 38 ITEM— VII.J.16 ORDINANCESIRESOL UTIONS ITEM#77400 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of way known as Haygood Point Road at the front of 4804 Haygood Point Road re construct and maintain a paved pad to the front door DISTRICT 9 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 August 12, 2025 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A CITY-OWNED RIGHT OF WAY 6 KNOWN AS HAYGOOD POINT ROAD, 7 LOCATED AT THE FRONT OF 4804 8 HAYGOOD POINT ROAD. 9 10 WHEREAS, Justin L. Erbe and Tara E. Erbe (collectively, the "Applicant") 11 request permission to construct and maintain a 10' x ± 9'3" paved pad, (the "Temporary 12 Encroachment") into a City-owned right of way known as Haygood Point Road, located at 13 the front of 4804 Haygood Point Road(GPIN: 14778-18-0484); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right of way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Justin L. Erbe and Tara E. Erbe, 24 their heirs, assigns and successors in title are authorized to construct and maintain the 25 Temporary Encroachment within the City's right of way as shown on the map entitled: 26 "PROPOSED ENCROACHMENT PROJECT NEW MAILBOX & PAVER WALK TO 27 CURBLINE EXHIBIT A," Scale: 1" = 30', dated June 10, 2025, prepared by Painted Fern 28 Landscape Architecture, a copy of which is attached hereto as Exhibit"A"and on file in the 29 Department of Public Works and to which reference is made for a more particular 30 description; 31 32 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 33 subject to those terms, conditions and criteria contained in the agreement between the City 34 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 35 been presented to the Council in its agenda and will be recorded among the records of the 36 Clerk's Office of the Circuit Court of the City of Virginia Beach. 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized 39 designee is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 42 such time as Justin L. Erbe, and Tara E. Erbe, and the City Manager or his authorized 43 designee execute the Agreement. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 th 46 day of August , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS / REAL ESTATE A4A k.""HARMEYER DEPUTY CITY ATTORNEY CA16711 R-2 Prepared: 6/12/2025 5'DRAINAGE EASEMENT NOW OR FORMERLY O o M.B.106 PG.46 JONATHAN Q.ADAMS AND LISA L.ADAMS 9 M.B.106 PG.46 SAN MH o GPIN: 14781805860000 RIM=12.04 INSTRUMENT NO.20061204001802630 NOW OR FORMERLY E.L.HUDSON AND PHYLLIS ANN HUDSON 4 INV.4.69 pIN F M.B.106 PG.46 G ( ) S 88°15'00"E 180.00' GPIN: 14781824360000 — — — —x�=x=x— — D.B.1862,PG.643 CO �.0 w o RIM=12.85 G \ o: o I 5'DRAINAGE EASEMENT I NEW/RELOCATED 09 M.B.106 PG.46 0 METAL MAILBOX 2 STORY o r BRICK o = a s I RESIDENCE Z EXIST.POOL #4804 0 HOUSE a +913" Q \ a_ z ON CONC.SLA I M.B.106 PG.46 N PROPOSED PAVED E GPIN: 14781804840000 X o INSTRUMENT NO.20160714000605530 UJI PAD TO FRONT ;I u, DOOR(10'x±9'3") CO 4 � log I Oo Im CL I� PIN(F) p IL(F) 0 NOTE 1:THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED o WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT x 0 0 I I LO a CONSTITUTE A BOUNDARY SURVEY 3 g1 LU NOTE 2:THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF 6 ZP Z RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES x S 69"51'g9 /� \NG�Pt N 84°04'07"W 8 10, \ 13 IU BTEL .PED. ° LAKE SMITH w 5"RCP 1 T 24"RCP -X,___ GPIN: 14696271750000 x�- S 14°02'10"E 9.83' M.B.106 PG.46 DI:RIM f ,32 PIN(F) N 88°15'00"W 145.88' r DI:RIM=11.13 DRIL IINV.7.2 : © I INV.7.77 HOLE(F) NOW OR FORMERLY MARGARET MOREAU PROPERTY LINE IS CENTERLINE INSTRUMENT NO.20131203001393880 �\ M.B.106 PG.46 M.B.106 PG.46 20'DRAINAGE EASEMENT 10'STRIP OF PROPERTY OF CITY OF GPIN: 14781802890000 NORFOLK,VIRGINIA M.B.106,PG.46 APPLICANT: PROPOSED ENCROACHMENT PROJECT yTH Op Painted Fern NEW MAILBOX & PAVER WALK TO CURBLINE f TARA & JUSTIN ERBE Landscape Architecture EXHIBIT A: SHEET 1 OF 1 Jason ThomThomasa 4804 HAYGOOD POINT ROAD 1718 Pleasure House Road, Ste. 105 DATE: JUN 10, 2025 0' 10' 20' 30' No. > Virginia Beach, VA 23455 001360 VIRGINIA BEACH, VA 23455 757.962.4604 REV-3 06/10/25 SCALE:1"= 30' c,��,� 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 1 ' day of ' 2025, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JUSTIN L. ERBE and TARA E. ERBE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 7", as shown on that certain plat entitled: "SUBDIVISION OF HAYGOOD POINT SECTION TWO BAYSIDE BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated June 1973, prepared by Marsh and Basgier, INC. P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 106, at page 46, and being further designated, known, and described as 4804 Haygood Point Road, Virginia Beach, Virginia 23455. WHEREAS, it is proposed by the Grantee to construct and maintain a 10' x ± 9'3" paved pad to the front door, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS; in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a City-owned right of way known as Haygood Point Road, the "Encroachment Area"; and GPIN: NO GPIN ASSIGNED (CITY-OWNED 50' RIGHT OF WAY) 1478-18-0484 (4804 HAYGOOD POINT ROAD) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "PROPOSED ENCROACHMENT PROJECT NEW MAILBOX & PAVER WALK TO CURBLINE EXHIBIT A," Scale: 1" = 30', dated June 10, 2025, prepared by Painted Fern Landscape Architecture, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the 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 2 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 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 3 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 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, JUSTIN L. ERBE and TARA E. ERBE, husband and wife, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 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- 5 i WinErbe ara E. Erbe STATE OF VIRGINIA CITY/COUNTY OF VmA�;a, ;1 ow-h , to-wit: The foregoing instrument was acknowledged before me this ! day of 2025, by Justin L. Erbe and Tara E. Erbe. . ++� (SEAL) is Commonwealth of Virg' 4 R"+ftretlen No.00273055 My CoTmissi"Expires Apr 30, 2C2S My Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS - REAL ESTATE A ER DEPUTY CITY ATTORNEY 6 5'DRAINAGE EASEMENT NOW OR FORMERLY o M.B.106 PG.46 JONATHAN Q.ADAMS AND LISA L.ADAMS O M.B.106 PG.46 SAN MH { V o INSTRUMEINT NO.20061820 0001802630 NOW OR FORMERLY RIM=12.04 c E.L.HUDSON AND PHYLLIS ANN HUDSON INV.4.69 PIN F M.B.106 PG.46 G ( ) S 88°15'00"E 180.00' GPIN: 14781824360000 — — — —x =x— — — D.B.1862,PG.643 �G CO G \22 o RIM=12.85 5'DRAINAGE EASEMENT N o I OQ M.B.106 PG.46 ;`. NEW/RELOCATED a METAL MAILBOX 2 STORY S o BRICK . 00 RESIDENCE Z a #4804 EXIST.POOL o 0HOUSE 1. 1I 93° O z ON CONC.SLA (D PROPOSED PAVED M.B.106 PG.46 E GPIN: 14781804840000 w o INSTRUMENT NO.20160714000605530 PAD TO FRONT DOOR(10'x±97) CO 0 0 Oo aLo I� PIN(F) IL(F) O I � NOTE 1:THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT x o O I CONSTITUTE A BOUNDARY SURVEY N NOTE 2:THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF (I I Z RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES x S 6g°c�,'�� — N 84°04'07"W 8.10' eTEL .PeD. x LAKE SMITH 5"RCPI r.32 -� - 24"RCP x—X. XS 14°02'10"E 9.83' GPI: 16 PG 46000 DI:RIM : PIN(F) N 88°15'00"W 145.88' x DII-RIM 711.13 HOLE(F) RIIL IINV.7.2 : © I NOW OR FORMERLY ` \ MARGARET MOREAU PROPERTY LINE IS CENTERLINE INSTRUMENT N0.20131203001393880 20'DRAINAGE EASEMENT 10'STRIP OF PROPERTY OF CITY OF \ M.B.106 PG.46 M.B.106 PG.46 GP IN: 14781802890000 NORFOLK,VIRGINIA M.B.106,PG.46 APPLICANT: PROPOSED ENCROACHMENT PROJECT VqH op Painted Fern NEW MAILBOX & PAVER WALK TO CURBLINE TARA & JUSTIN ERBE Landscape Architecture EXHIBIT A: SHEET 1 OF 1 o Joson M. Thomos 1716 Pleasure House Road, Ste. 105 DATE: JUN 10, 2025 0' 10' 20' 30' Lic. No. 4804 HAYGOOD POINT ROAD Virginia Beach, VA 23455 = 001360 757.962.4604 REV-3 06/10/25 VIRGINIA BEACH, VA 23455 SCALE:1"= 30' 39 ITEM— VUJ.17 ORDINANCESIRESOL UTIONS ITEM#77401 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$150,000 from the Virginia Department of Emergency Management to the FY 2025-26 Emergency Communications and Citizen Services (ECCS) Operating Budget re equipment to improve 9-1-1 call processing 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 August 12, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PURCHASE EQUIPMENT FOR 9-1-1 CALL 3 PROCESSING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $150,000 is hereby accepted from the Virginia Department of Emergency 9 Management and appropriated, with estimated revenues increased accordingly, to the 10 FY 2025-26 Operating Budget of the Department of Emergency Communications and 11 Citizen Services for the equipment to improve 9-1-1 call processing. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day Of August 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services . y tto ey s Office CA16934 R-1 July 30, 2025 40 ITEM— VII.J.18 ORDINANCESIRESOL UTIONS ITEM#77402 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRUTE $75,000 from the Virginia Department of Emergency Management to the FY2025-26 Emergency Management Operating Budget repurchase of two (2)mobile security camera trailers 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 August 12, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $75,000 2 FOR MOBILE SECURITY CAMERA TRAILERS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1. $75,000 is hereby accepted from the Virginia Department of Emergency 8 Management and appropriated, with revenue increased accordingly, to the FY 9 2025-26 Operating Budget of the Department of Emergency Management for the 10 purchase of two mobile security camera trailers. Such trailers are intended to be 11 deployed at election sites. 12 13 2. Equipment purchased through this funding is not guaranteed to be replaced by the 14 City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of August , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services Qe s Office CA16936 R-1 July 30, 2025 41 ITEM— VII.J.l9 ORDINANCESIRESOL UTIONS ITEM#77403 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE $14,884 from the Virginia Department of Criminal Justice Services (DCJS) to the Virginia Beach Sheriff Office Grant Consolidated Fund re support wellness and resiliency initiatives for the SherifJ`''s Office personnel 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 August 12, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FOR FIRST RESPONDER WELLNESS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 $14,884 is hereby accepted from the Virginia Department of Criminal Justice 8 Services and appropriated, with revenues increased accordingly, to Grants Consolidated 9 Fund for the Virginia Beach Sheriff's Office to support wellness and resiliency initiatives 10 for the personnel of such office. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of August 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services rney's Office CA16935 R-1 July 30, 2025 42 ITEM— VII.J.20 ORDINANCESIRESOL UTIONS ITEM#77404 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $12,121 from the Virginia Department of Criminal Services (DCJS) to the FY 2025-26 Commonwealth's Attorney Operating Budget re Victim Witness grant 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 August 12, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES FOR THE VICTIM WITNESS GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $12,121 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with estimated revenues increased accordingly, to the FY 10 2025-26 Operating Budget of the Commonwealth's Attorney for the Victim Witness grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of August , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services or ey's Office CA16932 R-1 July 30, 2025 43 ITEM— VII.K.1 PLANNING ITEMS ITEM#77405 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of KEVIN L. SULLIVAN TRUST for a Variance to Section 4.4.(b)of Subdivision regulations re lot width at 3840 Dawley Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KEVIN L. SULLIVAN TRUST for a Variance to Section 4.4.(b) of Subdivision regulations re lot width at 3840 Dawley Road (GPIN.- 2411484675)DISTRICT 2 The following conditions shall be required: 1. When redeveloped, a maximum of one(1)dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines. 2. Approval from the Virginia Beach Department of Public Health shall be required for development on each lot. 3. A fifty (50)foot wide, vegetative buffer as set forth in the Rural Area Development Guidelines of the Comprehensive Plan, shall be required along property lines abutting agricultural operations. 4. A subdivision plat shall be required to be recorded prior to release of the first building permit. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision Plat of Lot 8-A-1 as Shown on Resubdivision of Lot 8 A and Site 'H- I"'dated March 28, 2025, and prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and are incorporated herein by this reference. 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 121h day of August 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 August 12, 2025 AG2 Qo A., 2 A.G2 Q �a yy Q Y i A } C7 0 ® Site N 17-71 Zoning Kevin L. Sullivan Trust W , _ `.. Property Polygons 3840 Dawley Road S Building Feet 0 95 190 380 570 760 Map created by Planning Department on 6/25/2025 44 ITEM— VUK.2 PLANNING ITEMS ITEM#77406 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, application of ANDREA MORRIS / LYNNHAVEN MALL, LLC for a Modification of Conditions to a Conditional Use Permit re outdoor recreational facility at 701 Lynnhaven Parkway DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ANDREA MORRIS/LYNNHAVENMALL,LLCfor a Modification of Conditions to a Conditional Use Permit re outdoor recreational facility at 701 Lynnhaven Parkway (GPIN.• 1496350434)DISTRICT 3 The following conditions shall be required.• 1. All previous conditions attached to the Conditional Use Permit approval of April 2, 2024 shall be voided and replaced with the following conditions below. 2. Operation of the Outdoor Recreational Facility shall be in substantial conformance with the site layoutplan entitled"SITE PLANDRA WNBY TMK",dated December 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The use of amplified speakers for announcement and music purposes are permitted during the hours of operation, 10:00 am to 7:00 pm, seven days a week.Amplified speakers shall be directed inward of the property toward the shopping center and away from residential properties. 4. The maximum occupancy load shall not exceed the maximum number as required by the Fire Marshal. 5. The operations of the Inflatable Park shall be limited to the months of March to November. 6. Hours of operation are limited to 10:00 am to 7:00 pm, seven days a week. 7. All inflatables shall be deflated at the close of business every evening. 8. The applicant shall obtain all necessary permits and inspections prior to operating. 9. The proposed use shall be screened by a six (6)foot tall fence with mesh screening and shall be subject to final approval from the Department of Planning and Community Development. August 12, 2025 45 ITEM— VII.K.2 PLANNING ITEMS ITEM#77406 (Continued) 10. Any on-site signage for the operations shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 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 12`'day of August 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 August 12, 2025 mP"A ®r �a 46 ITEM— VUL3 PLANNING ITEMS ITEM#77407 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED, BY CONSENT, application of HALL OF VIRGINL4 BEACH VI, LLC /AUTO PROPERTIES VIRGIN14 BEACH VI,LLC for a for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales and services at 1875& 1877 Laskin Road, and the parcel directly south of 621 Village Drive DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HALL OF VIRGINL4 BEACH VI, LLC / AUTO PROPERTIES VIRGINL4 BEACH VI,LLC for a for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales and services at 1875 & 1877 Laskin Road, and the parcel directly south of 621 Village Drive (GPINs:240757460, 2407572632, 2407578547)DISTRICT 6 The following conditions shall be required: 1. All previous conditions attached to the Modification of Conditions Permit approvals of January 11, 2005 shall be voided and replaced with the following conditions below. 2. All improvements shall be in substantial conformance to the exhibit entitled "Expansion Plan of Charles Barker Toyota, 1877 Laskin Road, Virginia Beach, Virginia,"prepared by MSA, P.C., dated September 30, 2004, as well as the exhibit entitled "Conceptual Layout—Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1"prepared by MSA, P.C., dated January 30, 2025, which have been exhibited to the City of Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development.In any instance of conflict, "Conceptual Layout—Option 2,Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1"shall supersede. 3. The proposed building elevation shall substantially adhere to the submitted drawing entitled, "Charles Baker Toyota, 1877 Laskin Road, Virginia Beach, Virginia,"prepared by Burkhart, Thomas, Reed,Architecture&Interior Design, dated June 13, 2002. 4. All required parking spaces shall be depicted on the final site plan. 5. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. August 12, 2025 47 ITEM— VUX 3 PLANNING ITEMS ITEM#77407 (Continued) 6. There shall be no signs which contain or consist ofpennants, ribbons,streamers,spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on site. 7. The use of an outdoor amplified speaker or paging system shall be prohibited. 8. A Photometric Lighting Plan shall be provided to the Department of Planning & Community Development for review and approval prior to final site plan approval. All light fixtures on the site that are within twenty-five (25)feet of a property line shall be no taller than 14 feet in height. 9. The entire parking lot shall be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations.All parking spaces and display areas must be clearly delineated on the final site plan. ` 10. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way or within landscaped areas. 11. A fifteen foot(15)wide, Category IV landscape buffer shall be installed along all property lines that abut apartment or residential district zoned property as required by the City Zoning Ordinance (CZO). In addition, all other applicable landscape requirements set forth in City ordinances shall be implemented. 12. As depicted in "Conceptual Layout—Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1", Category VI landscaping, which will include a combination of evergreen trees and shrubs, shall be installed and maintained along the Village Drive. 13. Any fencing along property lines adjacent to residential or apartment district zoned property shall be constructed as a solid vinyl or composite fence at least six (6)feet in height and shall be installed no closer than 15 feet from the property line as depicted in both exhibits referenced in Condition No.2. 14. The installation of security gates across afire apparatus access road is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch.Both the security gates and their emergency operation must be kept fully operational at all times. 15. Tractor trailers and similar delivery vehicles shall not access the site from Village Drive nor shall any public right-of-way be used for the loading and unloading of vehicles. August 12, 2025 48 ITEM— VII.R:3 PLANNING ITEMS ITEM#77407 (Continued) 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 12th day of August 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 August 12, 2025 IN D B2 o sK�N RD �PSK R � D LA . R O 4P54p5KiN aD �� a ti�� L 2 �� v B2 r- B2 ✓_— B2 B2 DONN A DR 0 Z 0 5 5 Q w > Q LSZS ENG�' \ Z 0 ' .� o° FT A N Z CA ® Site N Zoning Hall of Virginia Beach V1, LLC W [, 0 Property Polygons 1875 & 1877 Laskin Road and the parcel Building directly south of 621 Village Drive Feet 0 62.5 125 250 375 500 Map created by Planning Department on 6/26/2025 49 ITEM— VUK.4 PLANNING ITEMS ITEM#77408 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council DEFERRED TO SEPTEMBER 16, 2025, BY CONSENT, application of VIRGINL4 BEA CH RESIDENCES,LLC/ BAKER ROAD PROPERTIES,LLCfor a Modification of Pro ff ers to a Conditional Change ofzoning re construct a 375-unit multi family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road DISTRICT 4 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 August 12, 2025 50 ITEM— VUK.5 PLANNING ITEMS ITEM#77409 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of JEFFREY & KARIN BARRETT/JEFFREY GEORGE&KARINAUGUSTINE BARRETT JOINT LIVING TRUST for a Conditional Use Permit re residential kennel at 2408 Needle Court DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 JEFFREY & KARIN BARRETT/ JEFFREY GEORGE & KARIN AUGUSTINEBARRETTJOINTLIVING TRUSTfor a Conditional Use Permit re residential kennel at 2408 Needle Court (GPIN.• 1474550319) DISTRICT 2 The following conditions shall be required: 1. The Conditional Use Permit shall be limited to a maximum of six(6)adult dogs. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. Day Care, Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this 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 12`h day of August 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 August 12, 2025 O o 5 R15 O O s� R15 tiro R15 �r R1A5 A R1�5 O O � O N ® site Jeffrey & Karin Barrett W, E Property Polygons s Zoning 2408 Needle Court Building Feet 0 1530 60 90 120 150 180 51 ITEM— VII.K6 PLANNING ITEMS ITEM#77410 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of LA VAR HYMAN/ANNARINO ENTERPRISES, LLC for a Conditional Use Permit re car wash facility at 4859 Dolton Drive, Unit A DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LA VAR HYMAN/ANNARINOENTERPRISES,LLCfor a Conditional Use Permit re car wash facility at 4859 Dolton Drive, Unit A (GPIN.- 14772044383530)DISTRICT 3 The following conditions shall be required.• 1. This Conditional Use Permit shall expire after five(5)years from the date of City Council action. To continue the use of the Car Wash Facility after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday and 9:00 a.m. to 2:00 p.m., on Saturdays. 3. All water, runoff, or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations as approved by the City of Virginia Beach Department of Public Works. 4. Vehicles will only be located in the servicing area at the front of the suite when being actively detailed. In the event there is a queue for services, vehicles shall be parked in a designated parking space in the parking lot until they are to be serviced. 5. No repairs of motor vehicles shall occur. 6. No outside storage of equipment,parts, tires, merchandise, or materials shall be permitted on the site. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles in the sites parking lot. 8. The use of amplified speakers outdoors is prohibited. 9. The removable drain sock used to prevent runoff generated by this use from directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day. 10. No car shows shall occur on the site. August 12, 2025 52 ITEM— VUK.6 PLANNING ITEMS ITEM#77410 (Continued) 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 12`l'day of August 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 August 12, 2025 PNp\NE PEE PLM R5D OOLSON 13R B2 Rb B2 60 F� ® Site " CI Zoning Lavar Hyman W.*- E 0 Property Polygons 4859 Dolton Drive, Unit A S Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 53 ITEM— VUK.7 PLANNING ITEMS ITEM#77411 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of TINT DADDY OF VIRGINIA BEACH, LLC/ CLEMSON JBS, LLC for a Conditional Use Permit re automobile repair garage at 4912 Rutherford Road, Suite 101 DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TINT DADDY OF VIRGINIA BEACH, LLC/CLEMSON JBS, LLC for a Conditional Use Permit re automobile repair garage at 4912 Rutherford Road, Suite 101 (GPIN.• 1479233301)DISTRICT 9 The following conditions shall be required: 1. No outside storage or display of equipment,parts, tires, merchandise, or materials shall be permitted on the site. 2. No vehicles in obvious state of disrepair shall be parked in the parking lot at 4912 Rutherford Road or on Rutherford Road. 3. All maintenance and repair activities, which shall be limited to window tinting services only, shall be conducted exclusively within the designated unit located at 4912 Rutherford Road, Suite 101. 4. Hours of operation shall be between 9:00 a.m. and 6:00 p.m., Monday through Saturday, only. 5. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 6. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 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 12`h day of August Two Thousand Twenty Five. August 12, 2025 54 ITEM— VII.L7 PLANNING ITEMS ITEM#77411 (Continued) 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 August 12, 2025 2 Fti OF�ccc fro B Fq l� OF AF Fy C" 0 B2 G�yF B 2 0 1pO O B2 ® Site N p zoning Tint Daddy of Virginia Beach, LLC W. E Property Polygons 4912 Rutherford Road s Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 55 ITEM— VILK8 PLANNING ITEMS ITEM#77412 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED,BY CONSENT, application of MALINDA LYONfor a Conditional Use Permit re short term rental at 304 28`"Street, Unit 210 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MALINDA LYON for a Conditional Use Permit re short term rental at 304 2e Street, Unit 210(GPIN.• 24280028662010)DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 210, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR 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(CZO) or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1)hour. August 12, 2025 56 ITEM— VUX 8 PLANNING ITEMS ITEM#77412 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million ($1,000,000). 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the ZoningAdministrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. August 12, 2025 57 ITEM— VII.K.8 PLANNING ITEMS ITEM#77412 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures, and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. August 12, 2025 58 ITEM— VILL8 PLANNING ITEMS ITEM#77412 (Continued) 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 12`h day of August 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 August 12, 2025 OR(STR-OR) =`� , nn � G� G rr m r^ y A ry4 a )R(STR-01,1 OR sN`'F a m OR STR-OR 2�SN NA�F g1_ A36(OB) onZ�SN ST R5S(OB) '^ 2.71"s� __�R(STR-OR) ® site N Zoning Malinda Lyon W [ 0 Property Polygons 304 28th Street, U nit 210 S Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 59 ITEM— VU K.9 PLANNING ITEMS ITEM#77413 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED,BY CONSENT,application ofJE&JKLTD,LLCfor a Conditional Use Permit re short term rental at 40121'Street, Unit 3 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JE&JKLTD,LLCfor a Conditional Use Permit re short term rental at 401215`Street, Unit 3 (GPIN.•24270854826390)DISTRICT 6 The following conditions shall be required: L The following conditions shall only apply to the dwelling unit addressed as 401 21 st Street, Unit 3, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR 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(CZO)or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program , (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number 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. 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. August 12, 2025 60 ITEM— VILK.9 PLANNING ITEMS ITEM#77413 (Continued) 8. 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 $1-Million ($1,000,000) 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the 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 contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.in. August 12, 2025 61 ITEM— VII.IC9 PLANNING ITEMS ITEM#77413 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7.00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. August 12, 2025 62 ITEM— VII.I0 PLANNING ITEMS ITEM#77413 (Continued) 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 12`h day of August 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 August 12, 2025 22N�ST OR(STR-OE ALF SS 21Sv H n OR m OR(STR-OR) 1 � 21ST SS \ OR(STR-OR) Site N Q zoning JE & JK LTD, LLC WE- 0 Property Polygons 401 21 st Street, Unit 3 S Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 63 ITEM— VII.IL10 PLANNING ITEMS ITEM#77414 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of DEBBIE ANDERSON/SHAUN & DEBBIE ANDERSON for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 6-B DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DEBBIE ANDERSON / SHAUN & DEBBIE ANDERSON for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 6-B (GPIN.•242 71868 788350)DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 6-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(ZoningAdministration)before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number 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. August 12, 2025 64 ITEM— VHX I0 PLANNING ITEMS ITEM#77414 (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 1 c) Proof of liability insurance applicable to the rental activity of at least $1- Million ($1,000,000). 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the 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 contract for every seven (7) consecutive days. August 12, 2025 65 ITEM— VII.K.10 PLANNING ITEMS ITEM#77414 (Continued) 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least P-Million ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7.00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. August 12, 2025 66 ITEM— VU K.10 PLANNING ITEMS ITEM#77414 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12`h day of August 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 August 12, 2025 OR(STR-OR) 1 v va OR(STR=OR) OR(STR=OR) m ® Site N 0 Zoning Debbie Anderson w 1= Property Polygons 2113 Atlantic Avenue, Unit 6-13 S Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 67 ITEM— VII L11 PLANNING ITEMS ITEM#77415 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance(CZO)Section 104 re change Short Term Rental Violations from civil penalty to criminal penalty 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 August 12, 2025 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTAL 4 VIOLATIONS 5 6 Section Amended: § 104 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 104 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 104. Violations and penalties. 18 19 (a) Except as provided in subsection (b), any person who violates any of the provisions 20 of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor 21 punishable by a fine of not more than one thousand dollars ($1,000.00). If the 22 violation is uncorrected at the time of the conviction, the court shall order the violator 23 to abate or remedy the violation in compliance with this ordinance, within a time 24 period established by the court. Failure to remove or abate a violation within the 25 specified time period shall constitute a separate misdemeanor offense punishable by 26 a fine of not more than one thousand dollars ($1,000.00); and any such failure 27 during a succeeding ten-day period shall constitute a separate misdemeanor offense 28 punishable by a fine of not more than one thousand five hundred dollars ($1,500.00); 29 and any such failure during any succeeding ten-day period shall constitute a 30 separate misdemeanor offense for each ten-day period punishable by a fine of not 31 more than two thousand dollars ($2,000.00). 32 33 (b)Any person who violates any provision of Part B of Article 2, seGtiOR 241 section 34 , of the City Zoning 35 Ordinance hereof shall be assessed a civil penalty in the amount of two hundred 36 dollars ($200.00) for the initial summons and not more than five hundred dollars 37 ($500.00) for each additional summons. The assessment of a civil penalty shall not 38 preclude the institution of a civil action by the zoning administrator pursuant to 39 section 103(a) of this ordinance, but no such violation shall, unless it results in injury 40 to any person, be prosecuted as a criminal misdemeanor, provided however that 41 when such civil penalties total five thousand dollars ($5,000.00) or more, the 42 violation may be prosecuted as a criminal misdemeanor. 43 44 (c) The zoning administrator or his or her designee may issue a civil summons as 45 provided by law for a violation. Any person summoned or issued a ticket for a 46 violation may make an appearance in person or in writing by mail to the city 47 treasurer prior to the date fixed for trial in court. Any person so appearing may enter 48 a waiver of trial, admit liability, and pay the civil penalty established for the offense 49 charged. Such persons shall be informed of their right to stand trial and that a 50 signature to an admission of liability will have the same force and effect as a 51 judgment of court. If a person charged with a scheduled violation does not elect to 52 enter a waiver of trial and admit liability, the violation shall be tried in the general 53 district court in the same manner and with the same right of appeal as provided by 54 law. In any trial for a violation, it shall be the burden of the zoning administrator or 55 his or her designee to show the liability of the violator by a preponderance of the 56 evidence. If the violation remains uncorrected at the time of the admission of liability 57 or finding of liability, the court may order the violator to abate or remedy the violation 58 in order to comply with the zoning ordinance. Except as otherwise provided by the 59 court for good cause shown, any such violator shall abate or remedy the violation 60 within a period of time as determined by the court, but not later than six months of 61 the date of admission of liability or finding of liability. Each day during which the 62 violation continues after the court-ordered abatement period has ended shall 63 constitute a separate offense. An admission of liability or finding of liability shall not 64 be a criminal conviction for any purpose. 65 66 (d) Each day during which the violation is found to have existed shall constitute a 67 separate offense. However, specified violations arising from the same operative set 68 of facts shall not be charged more frequently than once in any ten-day period, and a 69 series of specified violations arising from the same operative set of facts shall not 70 result in civil penalties which exceed a total of five thousand dollars ($5,000.00). 71 Civil penalties shall not accrue or be assessed for a period of thirty (30) days after 72 the issuance of a notice of violation from the zoning administrator or during the 73 pendency of an appeal to the board of zoning appeals. 74 75 (e) This section shall not apply to (i) activities related to land development; (ii) 76 violations of sections 215 and 216 of this ordinance; (iii) violations relating to the 77 posting of signs on public property or public rights-of-way; or (iv) violations resulting 78 in injury to any person or persons. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: G tanning Department Uy Attorney's Office CA16810 R-1 January 28, 2025 68 ITEM— VUK.12 PLANNING ITEMS ITEM#77416 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, ALTERNATE VERSION OF PLANNING RECOMMENDATION #2, BY CONSENT, Ordinance to AMEND City Zoning Ordinance(CZO)Section 241.2 re Short Term Rentals 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 August 12, 2025 Alternate Version of Planning Commission Recommendation 2 1 AN ORDINANCE TO AMEND SECTION 241.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTALS 4 5 Section Amended: § 241.2 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 241.2 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 241.2. Short term rental. 17 18 Short term rentals shall be subject to the following conditions unless specifically 19 modified by action of the city council in granting a conditional use permit or creating a 20 short term rental overlay district: 21 22 (1) Any property utilized as a short term rental shall provide adequate off-street 23 parking for its guests. A minimum of one parking space per bedroom is 24 required. If such parking cannot be provided on-site, the owner must submit a 25 parking plan indicating how the parking requirement will be met. Such plan 26 shall be reviewed and approved by the zoning administrator. Stacking of 27 vehicles shall be allowed and no on-street parking shall be part of the plan;_ 28 For grandfathered short term rental properties, no additional parking spaces 29 shall be required if the parking available on the property meets the parking 30 requirements that were applicable to the residential dwelling at the time of its 31 initial construction, provided that all grandfathered properties must have at 32 least one off-street parking space. A parking plan detailing how at least one off- 33 street parking space will be accommodated must be provided and approved by 34 the zoning administrator; 35 36 (2) No events with more than fifty (50) people present, shall be held absent a 37 special events permit. Events with more than fifty (50) people are limited to no 38 more than three (3) events in a calendar year. No more than one hundred 39 (100) people shall be present at any event held on the property; 40 41 (3) The owner or operator must provide the name and telephone number of a 42 responsible person, who may be the owner, operator or an agent of the owner 43 or operator, who is available to be contacted and to address conditions 44 occurring at the short term rental within thirty (30) minutes. Physical response 45 to the site of the short term rental is not required; 46 47 (4) No signage, except architectural signs naming the structure or other signs as 48 permitted by Sec. 211, shall be permitted on-site, except that each short term 49 rental shall have one (1), four-square-foot sign, posted on the building, or other 50 permanent structure or location approved by the zoning administrator, that 51 identifies the property as a short term rental and provides the telephone 52 number for the Short term Rental Hotline in text large enough to be read from 53 the public street. The sign required by this section shall include the owner or 54 property manager's contact information AFGhiteEter-al SigRG RamiRg the 55 StrU Gt pro are eXGl urded 56 57 (5) To the extent permitted by state law, each short term rental must maintain 58 registration with the commissioner of revenue's office and pay all applicable 59 taxes; 60 61 (6) There shall be posted in a conspicuous place within the dwelling a summary 62 provided by the zoning administrator of City Code sections 23-69 through 23- 63 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the 64 beach), 12-43.2 (fireworks), and a copy of any approved parking plan; 65 66 (7) All refuse shall be placed in automated refuse receptacles, where provided, 67 and comply with the requirements of City Code sections 31-26, 31-27 and 31- 68 28; 69 70 (8) A short term rental shall have no more than two (2) rental contracts during any 71 consecutive seven-day period; 72 73 (9) The owner or operator shall provide proof of liability insurance applicable to the 74 rental activity at registration and renewal of at least one million dollars 75 ($1,000,000.00) underwritten by insurers acceptable to the city; 76 77 (10)There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 78 a.m.; 79 80 (11)The maximum number of persons on the property after 11.00 p.m. and before 81 7:00 a.m. ("overnight lodgers") shall be three (3) individuals per bedroom; 82 83 (12)Any short term rental that has registered and paid transient occupancy taxes to 84 the commissioner of the revenue prior to July 1, 2018 shall be considered 85 grandfathered and shall not be required to obtain a conditional use permit, but 86 must meet the conditions of this section. Any expansion of the footprint of the 87 dwelling housing the short term rental that expands the overall square footage 88 by more than twenty-five (25) percent or one thousand (1,000) square feet, 89 whichever is less, shall have its grandfathered status revoked and must 90 immediately come into compliance with the zoning ordinance to continue such 91 use. Grandfathered status shall run with the land. However, any grandfathered 92 short term rental that continuously remains vacant, or not used as a short term 93 rental, for a period of two (2) years or more, starting from the date of adoption 94 of this ordinance, shall lose its "grandfathered" designation; 95 96 (12.1) Any short term rental that received a conditional use permit between 97 November 1, 2019 and September 7, 2021 and that is located within a zoning 98 district where short term rentals are not a permitted or conditional use, shall be 99 considered grandfathered and shall be permitted to continue subject to the 100 conditions of subsections 241.2(1) through (15) and (17) as modified by the 101 terms of the conditional use permit; 102 103 (13)The property owner or their representative shall provide to the city planning 104 department permission for zoning inspectors to inspect the short term rental 105 property at any time or times during the permitting process annually. Such 106 inspection shall include: 1) at least one fire extinguisher has been installed 107 inside the unit, in plain sight, and where it is located, 2) all smoke alarms and 108 carbon monoxide detectors are installed in accordance with the building code 109 in affect at the time of construction and interconnected. Units constructed prior 110 to interconnection requirements must have a minimum of one (1) smoke alarm 111 installed on every floor of the structure and in the areas adjacent to all sleeping 112 rooms and when activated, be audible in all sleeping rooms,-and 3) all smoke 113 alarms and carbon monoxide detectors have been inspected within the last 114 twelve (12) months, and are in good working order,, and 4) a document 115 showing the required parking approved by the zoning administrator posted in 116 the unit; 117 118 Properties managed by short term rental management GGrnpaniec Gertified by ,_�.avv managed�.wJ.v.... v� v��v�a v� rental ���u��uy� 119 the depaFtFnent ef plaRningshall only he required to he inspected every throe+ 120 ��y�ss.Th�}gnpe��ooT fnomnlianre with the requirements �+hn� a�h ICI hoc 121 \_ 122 GR a form pFeSGribed by the plaRRiRg department and shall be provided duFoRg 123 the yearly Permitting nroness• 124 125 A property inspection is required when an operator first applies for a short term 126 rental permit and a subsequent inspection shall occur every five years. In 127 years when an inspection is not required the property owner or their 128 representative shall submit an attestation to the Department of Planning and 129 Community Development confirming that the short term rental is in compliance 130 with the requirements set forth in this section. If the planning department has 131 good cause to believe that a safety violation exists on the property, it shall 132 conduct an inspection prior to renewing the permit. 133 134 Properties may be inspected annually for compliance with the requirements 135 above by certified short term rental management companies or certified home 136 inspectors. The compliance inspection shall be documented on a form 137 prescribed by the planning department and shall be provided during the yeady 138 permit process; 139 140 (14)Accessory structures shall not be used or occupied as short term rentals; 141 142 (15) In addition to other remedies available for violations of the city zoning 143 ordinance, upon the occurrence of a violation of the provisions of this section; a 144 violation of any local, state or federal law or regulation; a violation of a condition 145 imposed in a conditional use permit; or if the conditions for grandfathered status 146 are no longer satisfied, the city council may revoke the conditional use permit or 147 grandfathered status of a property after notice and hearing as provided in Code 148 of Virginia § 15.2-2204; provided, however, that written notice as prescribed 149 therein shall be given at least fifteen (15) days prior to the hearing; 150 151 (16)All conditional use permits issued for short term rentals shall expire five (5) 152 years from the date of adoption. The renewal process of the conditional use 153 permit will be administrative and performed by the planning department; 154 however, the planning department shall notify the city council in writing prior to 155 the renewal of any conditional use permit for a STR, where the STR has been 156 the subject of neighborhood complaints, violations of its conditions or violations 157 of any building, housing, zoning, fire or other similar codes; and 158 159 (17)A structural safety inspection report shall be provided to the city every three (3) 160 years indicating all exterior stairways, decks, porches and balconies with a 161 finished height more than 30 inches above ground level have been inspected 162 by either a licensed design professional, or a licensed and insured Class A, B, 163 or C contractor qualified to perform such inspection, and are safe for use. The 164 report must confirm the structure has been built to the applicable residential 165 building code standards and are free of observable damage that would render 166 the structure unsafe for use. However, said report shall not be required for an 167 initial period of five (5) years for new construction inspected at the time of 168 completion by the City's Permits and Inspections Division. iindiGa+te the 169 170 171 deG ma PGFGhes and--ba'Gonies must be posted-en eaGh level of these 172 S+r,, T 173 174 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day 175 of August 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department Chy Attorney's Office CA16807 R-2 August 12, 2025 69 ITEM— VUK.13 PLANNING ITEMS ITEM#77417 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance(CZO)Section 104 re civil penalties 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 August 12, 2025 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CIVIL PENALTIES 4 5 Section Amended: § 104 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 104 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 104. Violations and penalties. 17 18 (a) Except as provided in subsection (b), any person who violates any of the provisions 19 of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor 20 punishable by a fine of not more than one thousand dollars ($1,000.00). If the 21 violation is uncorrected at the time of the conviction, the court shall order the violator 22 to abate or remedy the violation in compliance with this ordinance, within a time 23 period established by the court. Failure to remove or abate a violation within the 24 specified time period shall constitute a separate misdemeanor offense punishable by 25 a fine of not more than one thousand dollars ($1,000.00); and any such failure 26 during a succeeding ten-day period shall constitute a separate misdemeanor offense 27 punishable by a fine of not more than one thousand five hundred dollars ($1,500.00); 28 and any such failure during any succeeding ten-day period shall constitute a 29 separate misdemeanor offense for each ten-day period punishable by a fine of not 30 more than two thousand dollars ($2,000.00). However, any conviction resulting from 31 a violation of provisions regulating the storage or disposal of nonagricultural 32 excavation material, waste, and debris shall be punishable by a fine of $2,000. 33 Failure to abate the violation within the specified time period shall be punishable by 34 a fine of $5,000, and any such failure during any succeeding 10-day period shall 35 constitute a separate misdemeanor offense for each 10-day period punishable by a 36 fine of$7,500. 37 38 (b) Any person who violates any provision of Part B of Article 2, section 241.2, section 39 2303, or the use regulations regarding only short term rentals, of the City Zoning 40 Ordinance hereof shall be assessed a civil penalty in the amount of two hundred 41 dollars ($200.00) for the initial summons and not more than five hundred dollars 42 ($500.00) for each additional summons. However, for any repeat violation on 43 property that is zoned or used for multifamily residential purposes, the penalty shall 44 be not more than (i) $1,000 for a second violation and (ii) $1,500 for a third or 45 subsequent violation, not to exceed an aggregate amount of $6,000 for all such 46 violations within a 12-month period. The assessment of a civil penalty shall not 47 preclude the institution of a civil action by the zoning administrator pursuant to 48 section 103(a) of this ordinance, but no such violation shall, unless it results in injury 49 to any person, be prosecuted as a criminal misdemeanor, provided however that 50 when such civil penalties total five thousand dollars ($5,000.00) or more, the 51 violation may be prosecuted as a criminal misdemeanor. 52 53 (c) The zoning administrator or his or her designee may issue a civil summons as 54 provided by law for a violation. Any person summoned or issued a ticket for a 55 violation may make an appearance in person or in writing by mail to the city 56 treasurer prior to the date fixed for trial in court. Any person so appearing may enter 57 a waiver of trial, admit liability, and pay the civil penalty established for the offense 58 charged. Such persons shall be informed of their right to stand trial and that a 59 signature to an admission of liability will have the same force and effect as a 60 judgment of court. Notwithstanding a court's authority to order the abatement or 61 remedy of a zoning violation for any violation involving property that is zoned or used 62 for multifamily residential purposes, any person who admits liability shall be required 63 to abate or remedy such violation within six months from the date of admission of 64 liability. If a person charged with a scheduled violation does not elect to enter a 65 waiver of trial and admit liability, the violation shall be tried in the general district 66 court in the same manner and with the same right of appeal as provided by law. In 67 any trial for a violation, it shall be the burden of the zoning administrator or his or her 68 designee to show the liability of the violator by a preponderance of the evidence. If 69 the violation remains uncorrected at the time of the admission of liability or finding of 70 liability, the court may order the violator to abate or remedy the violation in order to 71 comply with the zoning ordinance. Except as otherwise provided by the court for 72 good cause shown, any such violator shall abate or remedy the violation within a 73 period of time as determined by the court, but not later than six months of the date of 74 admission of liability or finding of liability. Each day during which the violation 75 continues after the court-ordered abatement period has ended shall constitute a 76 separate offense. An admission of liability or finding of liability shall not be a criminal 77 conviction for any purpose. 78 79 (d) Each day during which the violation is found to have existed shall constitute a 80 separate offense. However, specified violations arising from the same operative set 81 of facts shall not be charged more frequently than once in any ten-day period, and, 82 for violations that do not involve property that is zoned or used for multifamily 83 residential purposes, a series of specified violations arising from the same operative 84 set of facts shall not result in civil penalties which exceed a total of five thousand 85 dollars ($5,000.00). Civil penalties shall not accrue or be assessed for a period of 86 thirty (30) days after the issuance of a notice of violation from the zoning 87 administrator or during the pendency of an appeal to the board of zoning appeals. 88 89 (e) This section shall not apply to (i) activities related to land development; (ii) 90 violations of sections 215 and 216 of this ordinance; (iii) violations relating to the 91 posting of signs on public property or public rights-of-way; or (iv) violations resulting 92 in injury to any person or persons. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - _;4_�011, - Q��I�� anning Department City Attorney's ffice CA16913 R-1 June 9, 2025 70 ITEM— VU 14 PLANNING ITEMS ITEM#77418 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Section 106 re appeal period for notice of violation 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 August 12, 2025 1 AN ORDINANCE TO AMEND SECTION 106 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO APPEAL PERIOD FOR 4 NOTICE OF VIOLATION 5 6 Section Amended: § 106 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare, and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 106 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 106. Appeals and variances. 19 20 (a) The board of zoning appeals shall hear and decide appeals from any order, 21 requirement, decision, or determination made by an administrative officer in the 22 administration or enforcement of this ordinance. An appeal shall be filed with the 23 zoning administrator, and include the grounds of appeal, within thirty (30) days of 24 the date of the decision appealed, unless the notice of violation involves a the 25 storage or disposal of nonagricultural excavation material, waste, and debris, (b) 26 temporary or seasonal commercial uses, (c) parking of commercial trucks in 27 residential zoning districts, or (d) similar short-term recurring violations, in which 28 case the appeal period is ten (10) days from the date of the notice of violation. All 29 decisions not timely appealed shall be final and unappealable. In addition thereto, 30 the board shall have such other powers and duties as are set forth in Code of 31 Virginia, § 15.2-2309; provided, however, that the board shall have no authority to 32 hear and decide applications for conditional use permits, and provided further, that 33 written notice as prescribed in Code of Virginia, § 15.2-2204 shall be given at least 34 fifteen (15) days prior to the hearing before the board. Notice shall be published 35 twice in a newspaper having general circulation in the City. The first notice shall be 36 published no more than twenty-eight (28) days before the meeting and the second 37 notice appearing no less than seven (7) days before the date of the meeting. The 38 cost of the public notices required by Section 15.2-2204 of the Code of Virginia 39 shall be charged to the applicant. 40 41 (b) The membership, organization and procedures of the board of zoning appeals shall 42 be as set forth in Code of Virginia, §§ 15.2-2308 through 15.2-2314, as amended. 43 In the event the board denies an application for a variance, substantially the same 44 application shall not be considered by the board for a period of one (1) year from 45 the date of denial. 46 47 (c) Every application concerning a single-family residence, semi-detached residence or 48 duplex to the board of zoning appeals shall be accompanied by a fee of four 49 hundred dollars ($400.00), and all other applications shall be accompanied by a fee 50 of five hundred dollars ($500.00). Such fee shall include all costs of notification and 51 advertising. Each lot upon which a variance is requested shall be the subject of a 52 separate application and a separate fee; provided, however, that variances from the 53 setback and landscaping provisions of section 201(e)(1), pertaining to fences and 54 walls, may be the subject of a single application and fee where the following 55 conditions are met: 56 57 (1) The lots upon which the variance is requested are contiguous lots within a 58 single subdivision block, as shown on the recorded plat of the subdivision in 59 which the lots are located; 60 61 (2) The fence or fences which are the subject of the variance are located wholly 62 upon property owned by a bona fide homeowners' association created by legal 63 instrument recorded in the office of the clerk of the circuit court, or upon which 64 there is a recorded perpetual easement allowing such homeowners' 65 association, or the members thereof, to construct and maintain a fence upon 66 such property; 67 68 (3) Such fence or fences are owned by the homeowners' association; and 69 70 (4) The individual signing the application certifies to the zoning administrator, in 71 writing, that he or she is vested with the authority to act on behalf of the 72 homeowners' association in the matter and that such association has 73 authorized, in the manner prescribed by its by-laws or other instrument, the 74 filing of the application. 75 76 (d) Any decision of the board shall be binding upon the owner of the property which is 77 the subject of such appeal only if the owner of such property has been provided 78 notice in accordance with section 103(I). Actual notice by the owner or active 79 participation in the decision of the board shall waive the owner's right to challenge 80 the validity of the board's decision because of the failure of the owner to receive 81 notice. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4mz�144k7 anning Department City Attorney's 6ffi66 CA16921 R-1 June 20, 2025 71 ITEM— VILK15 PLANNING ITEMS ITEM#77419 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Code (Appendix B), Subdivision Regulations re update references to the State Code and the Erosion and Stormwater Management Ordinance 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 August 12, 2025 1 AN ORDINANCE TO AMEND THE CITY CODE, APPENDIX 2 B, SUBDIVISION REGULATIONS, TO UPDATE 3 REFERENCES TO THE STATE CODE AND THE 4 EROSION AND STORMWATER MANAGEMENT 5 ORDINANCE 6 7 Sections Amended: §§ 3.2, 3.3, 5.5, and 8.1 of the 8 Subdivision Regulations 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 3.2, 3.3, 5.5 and 8.1 of the Subdivision Regulations of the City 14 Code is hereby amended and reordained to read as follows: 15 16 APPENDIX B SUBDIVISION REGULATIONS 17 18 . . . . 19 20 Sec. 3.2. Procedure for conditional preliminary plat approval. 21 22 (a) The subdivider shall cause to be prepared a preliminary plat with other material 23 required as set forth in section 6, and shall submit such number of copies as the 24 planning director shall require thereof to the planning director for processing and 25 referral to affected agencies, together with an application for approval and such fee 26 as is established by city council in relation to processing subdivision plats for plats 27 involving more than fifty (50) lots. The subdivider may prepare a preliminary plat, as 28 described above, for plats involving fifty (50) lots or less. Time limitations in relation 29 to such processing shall begin as of date of receipt of the preliminary plat, 30 application and fee as indicated on such documents when they are received by the 31 planning director. 32 33 (b) After the preliminary plat and related material has been submitted it shall be 34 reviewed by the planning director and other affected agencies of the city for 35 conformity to this ordinance and other applicable regulations, and negotiations 36 made with the subdivider as to changes deemed advisable and the kind and extent 37 of improvements to be made by him. The planning director shall act upon the 38 preliminary plat and related material as submitted or as modified by the subdivider 39 in accordance with the timeline and review criteria outlined in section 15.2-2260 of 40 the Code of Virginia, 41 , shall 42 inrdinate its disappreyal and the Feasens therofnr. 43 44 (c) The action of the planning director shall be noted on all copies of the preliminary 45 plat to be retained in the record, referenced and attached to any changes or 46 conditions determined. One such copy shall be returned to the subdivider, and 47 others retained as required for records or further action of the department or other 48 affected agencies of the city. 49 50 (d) Conditional approval of a preliminary plat shall not constitute approval of the final 51 plat, but shall be deemed an expression of approval of the layout submitted on the 52 preliminary plat and other matters determined in connection therewith which shall 53 serve as a guide in preparation of the final plat to be submitted for final approval 54 and for recording upon fulfillment of the requirements of this ordinance and the 55 conditions of the conditional approval, if any. 56 shall be valid fE)F a peFied E)f ene hundred eighty (180) days and may be eAeRded 57 by the planning direGtOF. Unless the final plat is submi#ed within ene hundred (180) 58 days E)F GUGh extended peried as may be allowed, the GORditienal approval shall be 59 v A-. 60 61 (e) Once a preliminary subdivision plat is approved, it shall be valid for a period of five 62 years, provided the subdivider (i) submits a final subdivision plat for all or a portion 63 of the property within one year of such approval or such longer period as may be 64 prescribed by local ordinance, and (ii) thereafter diligently pursues approval of the 65 final subdivision plat. "Diligent pursuit of approval" means that the subdivider has 66 incurred extensive obligations or substantial expenses relating to the submitted final 67 subdivision plat or modifications thereto. However, no sooner than three years 68 following such preliminary subdivision plat approval, and upon 90 days' written 69 notice by certified mail to the subdivider, the Planning Director may revoke such 70 approval upon a specific finding of facts that the subdivider has not diligently 71 pursued approval of the final subdivision plat. 72 73 (f) Once an approved final subdivision plat for all or a portion of the property is 74 recorded pursuant to section 15.2-2261 of the code of Virginia, the underlying 75 preliminary plat shall remain valid for a period of five years from the date of the 76 latest recorded plat of subdivision for the property. The five-year period of validity 77 shall extend from the date of the last recorded plat. 78 79 Sec. 3.3. Procedure for approval of final plat. 80 81 . . . . 82 83 (c) Upon submittal of the final plat and other materials required with application for final 84 approval, the planning director shall initiate and coordinate review by affected 85 agencies of the city to determine: 86 87 (1) Substantial compliance with the preliminary plat and any conditions of the 88 conditional approval thereof. 89 (2) General compliance with the regulations set forth herein, and other applicable 90 regulations. 91 92 Such review shall be completed WithiR sixty (60) days n�phmittal (OF Gh IE)Rger 93 peFied as may be agFeed UPOR in writing by the subdivider and the department) an-, 94 within SUGh time, the final plat and related materials shall be appreved GF disappFGved-. 95 Appreval shall be On the form provided iR 6eGtien 6. DisappFeval shall *RG'ude wFitteR 96 , 97 shall be as pram„ided by la in accordance with the timeline and review criteria outlined 98 in section 15.2-2259 of the Code of Virginia. 99 100 (d) Approval of the final plat shall be void: 101 102 (1) Unless the approved plat is recorded in the office of the clerk of the circuit court 103 of the city within one year from the date of approval. 104 (2) If there are any additions, deletions or alterations in the original tracing 105 following approval, except for marking incidental to recording. 106 107 Sec. 5.5. Street and other drainage. 108 109 . . . . 110 111 Every subdivision shall have a drainage system adequate for the type of 112 development proposed and so related to existing or potential surrounding development 113 as to form a logical part of a coordinated system minimizing potential drainage problems 114 for the general area. No plan or development shall take such form as to create potential 115 or actual impoundment of water on, or discharge of water onto, adjacent property in 116 such a manner as to (a) affect adversely existing development, or (b) increase problems 117 of future development on such adjacent property, except with the written and recorded 118 consent of the adjoining property owners affected and the approval of the department of 119 planning. 120 121 . . . . 122 123 (d) [Waiver or modification.] The director of the department of planning shall 124 consider and may approve a waiver or modification to the requirements set 125 forth in sections 5.5(a) and 5.5(b), for a subdivision, provided that the following 126 are met: 127 128 (i) Each lot in the subdivision shall be no less than fifteen thousand (15,000) 129 square feet in area; 130 (ii) Each lot shall provide area for no fewer than four (4) on-site parking 131 spaces; 132 (iii) All open drainage systems shall be provided and designed in accordance 133 with the performance standards and design criteria of the erosion and 134 stormwater management ordinance; 135 (iv) The proposed system of open or natural drainage ways shall be an 136 appropriate component of a stormwater management plan to be approved 137 for the subdivision as part of the process for granting a waiver or 138 modification under this section. Such stormwater management plan shall 139 include, in addition to the requirements of seGtien 1-6, Appendix D, the 140 following elements: A tree inventory/protection plan meeting the 141 requirements of section 1.4, Appendix E; a wetlands delineation; depicting 142 the limits of tidal and non-tidal wetlands and a plan for avoiding impacts to 143 identified wetlands to the maximum extent practicable, minimizing 144 unavoidable impacts to the maximum extent practicable and a plan for 145 compensating for impacts that cannot be avoided and minimized; 146 provision for the protection or creation of a natural area buffer of sufficient 147 width to prevent erosion, trap sediment in overland runoff, provide 148 necessary maintenance access and provision for the protection of any 149 other significant natural features in accordance with the design principles 150 for "Sheet Flow to Conserved Open Space" contained in the Virginia 151 Stormwater Management Handbook BMP Clearinghouse, including steep 152 slopes; 153 154 . . . . 155 156 Sec. 8.1. Plat fees. 157 158 (a) At the time preliminary subdivision plats are submitted, the following fees shall be 159 due and payable: 160 161 (1) Residential two (2) lot plats: Three hundred thirty-six dollars ($336.00). 162 (2) Residential three (3) to five (5) lot plats: Eight hundred forty dollars ($840.00) 163 plus one hundred sixty-eight dollars ($168.00) per lot. 164 (3) Residential six (6) or more lot plats: One thousand one hundred eighty-eight 165 dollars ($1,188.00) plus seven dollars ($7.00) per lot after the first five (5) lots. 166 (4) Nonresidential plats: One thousand one hundred eighty-two dollars ($1,182.00) 167 plus fifty-one dollars ($51.00) per lot. 168 (5) As an exception to the above, there shall be no preliminary subdivision review 169 fee for residential lot plats in the AG-1 and AG-2 Agricultural Districts where 170 standard conditional use permit fees have been paid. 171 172 (b) At the time construction plans are submitted, the following fees shall be due and 173 payable from the effective date of this ordinance [July 1, 2014]: 174 Area of proposed land disturbance Fee Greater than orequal to 2500 SF and less than 1 acre $900.00 Greater than orequal to 1 acre and less than 5 acres $1,000.00 Greater than orequal to 5 acres and less than 10 acres $1,333.00 Greater than orequal to 10 acre and less than 50 acres $2,847.00 Greater than orequal to 50 acres and less than 100 acres $5,877.00 Greater than orequal to 100 acres $7,560.00 Stormwater Management Review fees as required by Section 1-23 5.9of the Erosion and Stormwater Management Ordinance [Appendix D . 175 176 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �� lla ping Department City Attorney's Offi CA16919 R-2 June 25, 2025 72 ITEM— VII.K.16 PLANNING ITEMS ITEM#77420 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Code (Appendix Q, Site Plan Ordinance re update references to the State Code and the Erosion and Stormwater Management Ordinance 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 August 12, 2025 1 AN ORDINANCE TO AMEND THE CITY 2 CODE, APPENDIX C, SITE PLAN 3 ORDINANCE, TO UPDATE REFERENCES TO 4 THE STATE CODE AND THE EROSION AND 5 STORMWATER MANAGEMENT ORDINANCE 6 7 Sections Amended: Site Plan Ordinance §§ 1, 3, 4 and 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA- 14 15 That Sections 1, 3, 4 and 7 of the Site Plan Ordinance are hereby amended and 16 reordained to read as follows: 17 18 APPENDIX C SITE PLAN ORDINANCE 19 20 Sec. 1. Definitions. 21 22 . . . . 23 24 1.2. Adequate. The term adequate shall mean standards and/or specifications as set 25 forth in recognized engineering codes and regulations, as approved and recognized 26 by national engineering organizations, except where such standards conflict with 27 the Public Works Design Standards Manual, as approved by the council of the City 28 of Virginia Beach, in which case the latter shall control. 29 30 1.3. Agricultural use. Shall mean any use devoted to the bona fide production for sale of 31 plants and animals useful to man, as more specifically defined in section 58- 32 769.53230 of the Code of Virginia, as amended, and under those uniform standards 33 as may be prescribed by the commissioner of agriculture and commerce, or those 34 uses devoted to and meeting the requirements and qualifications for payments or 35 other compensation pursuant to a soil conservation program under an agreement 36 with an agency of the federal government. 37 38 . . . . 39 40 Sec. 3. Procedures. 41 42 . . . . 43 44 (c) Stormwater Management Review fees as required by Section 4-33 5_9 of the 45 Erosion and Stormwater Management Ordinance [Appendix D]. 46 47 (d) If an applicant, at any time during site plan review, submits a review, submits a 48 revised plan or portion thereof, field change or makes a change to the plan under 49 review not at the request of the City of Virginia Beach, such revision shall be 50 accompanied by a fee of one hundred sixty-eight dollars ($168.00) per sheet that is 51 revised or changed. 52 53 A.3.At the time any other type of site plan is submitted a review fee in the amount 54 of eighty-four dollars ($84.00) shall be required. 55 56 A.4.At the time easement or dedication plats are submitted a review fee in the in 57 the amount of eighty-four dollars ($84.00) shall be required. 58 All fees shall be payable to the city treasurer. 59 60 B. After the site development plan, related materials and fees have been 61 submitted, it shall be reviewed and processed by the city agent and other 62 affected city agencies for conformity to this ordinance and other applicable 63 regulations. The city agent shall act upon the site development plan and 64 related material as submitted by the developer, or as modified by the site 65 development review process, within by my (20) WGFkin9 days,-unless 66 extensive modif+s.afion to the—;la ep exteRuating-&GUrnstan-es- req�e 67 additional time, and r,reved, shall GeFtify its approval and ate the 68 oeod+t+eos Of SUGh-ppFo al ;f any, or :f disapproved, shall -diEateits 69 disappFeyal and the Fease s theFefer in accordance with the timeline and 70 review criteria outlined in section 15.2-2259 of the Code of Virginia. 71 72 C. The action of the city agent shall be noted on all copies of the site development 73 plan to be retained in the record, referenced and attached to any changes or 74 conditions determined. One such copy shall be returned to the developer, and 75 others retained as required for records or further action of the department or 76 other affected agencies of the city. 77 78 D.1. Building permits shall be issued in accordance with approved site development 79 plans. A copy of the approved site plan shall be retained in the records of the 80 building inspector's office and all building and occupancy permits shall conform 81 to the provisions of said site development plan. 82 83 D.2. Prior to issuance of a building permit, the developer shall furnish to the city a 84 certified check or bond with surety satisfactory to the city attorney. The check 85 or bond shall be in the amount of the estimated construction costs for all public 86 improvements to be accepted for dedication, maintenance and operation by 87 the city. Estimated construction costs shall be in accordance with the approved 88 site development plans; and the amount thereof shall be subject to the 2 89 approval of the department of public works and the department of public 90 utilities. 91 92 D.3. For development or redevelopment subject to the plan of development process 93 set forth in Section 107 of the Chesapeake Bay Preservation Area Ordinance 94 [Appendix F], there shall also be furnished a certified check, bond, irrevocable 95 letter of credit or other surety satisfactory to the city attorney in an amount 96 equal to the estimated cost, including materials, of installation of required 97 landscaping. Cost estimates shall be based upon the approved plan of 98 development and shall be subject to the approval of the director of 99 development services. The terms "development" and "redevelopment" shall be 100 as defined in section 103 of the Chesapeake Bay Preservation Area 101 Ordinance. 102 103 E.1.Approval of the site development plan shall be void unless a building permit 104 has been issued or use of the land has commenced within ene hundred eight„ 105 five (1 05) days years from the date of approval. Upon request, revalidation of 106 the site plan may be granted for an additional „n et one (001) days year if all 107 factors of the original site plan review are the same; provided written notice 108 requesting revalidation is received by the city agent prior to expiration of the 109 original ene huRdFed eighty five (1- 5) day year period. 110 111 E.2.A stop work order shall be put on the project if any improvements required on 112 the approved site development plan are not adhered to during the development 113 of the site. 114 115 F. When any improvement is to be accepted for dedication, maintenance or 116 operation by the department of public utilities, the developer may be required 117 to provide a certified check or bond (with surety acceptable to the city attorney) 118 in the amount of ten (10) percent of the total construction costs of the project to 119 cover the costs of any defects which may occur in such improvements within 120 two (2) years after the date of acceptance by the city. The director of public 121 utilities shall be responsible for determining when such security shall be 122 required. 123 124 Sec. 4. Information required on site development plan. 125 126 . . . . 127 128 B. Existing and required site features and improvements: 129 130 . . . . 131 132 7. Existing and proposed storm drainage easements and the direction of drainage 133 flow in streets, storm sewers, valley gutters, streams and ditches. Indicate all 3 134 contributing areas in acres for storm drainage calculations as required by the 135 Erosion and Stormwater Management Ordinance [Appendix D]. Drainage area 136 maps and drainage calculations shall be submitted to the city as a component of 137 the site stormwater management plan in accordance with the Erosion and 138 Stormwater Management Ordinance [Appendix D]. 139 140 8. All existing and proposed water, sanitary sewer facilities indicating pipe sizes, 141 types and grades shall be shown. Connections into existing or proposed central 142 water and sewer systems shall be shown. 143 144 9. Provision and schedule for the adequate control of erosion and sedimentation 145 shall be in accordance with art+sfe I� off-GhapteF 30 of the Code of the City of 146 the Erosion and 147 Stormwater Management Ordinance [Appendix DI. 148 149 10. Landscape design and land use buffer plan in accordance with the design 150 standards of the department of planning, as approved by the council of the City of 151 Virginia Beach, shall be required. Where Chesapeake Bay Preservation Areas are 152 located on a site, landscaping design and buffer area plans shall be in accordance 153 with Section 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix 154 F]. 155 156 11. A definite distance tie to an existing street intersection shall be provided. 157 158 12. Location and identification of existing graves and objects or structures marking 159 a place of burial shall be shown. 160 161 13. For development or redevelopment having a construction footprint exceeding 162 two thousand five hundred (2,500) square feet in Chesapeake Bay Preservation 163 Areas, there shall, except if waived as unnecessary by the planning director, also 164 be provided all elements of the plan of development as required by Section 107 of 165 the Chesapeake Bay Preservation Area Ordinance [Appendix F] and the elements 166 for Chesapeake Bay land disturbing activities in accordance with the Erosion and 167 Stormwater Management Ordinance [Appendix D]. The terms "development," 168 "redevelopment" and "construction footprint" shall be as defined in section 103 of 169 the Chesapeake Bay Preservation Area Ordinance. The term "Chesapeake Bay 170 Preservation Act land disturbing activity" shall be as defined in Section 1-3.2 of the 171 Erosion and Stormwater Management Ordinance [Appendix D]. 172 173 . . . . 174 175 Sec. 7. Variances and appeals. 176 177 . . . . 178 4 179 7.4. Notwithstanding anything in this section to the contrary, variances and appeals 180 arising from provisions of the Chesapeake Bay Preservation Area Ordinance 181 [Appendix F] included or incorporated in this ordinance shall be in accordance 182 with Section 110 or Section 111 of the Chesapeake Bay Preservation Area 183 Ordinance, as the case may be. 184 185 7.5 Notwithstanding anything in this section to the contrary, variances and appeals 186 arising from provisions of the Erosion and Stormwater Management Ordinance 187 [Appendix D] included or incorporated in this ordinance shall be in accordance 188 with the applicable provisions of the Erosion and Stormwater Management 189 Ordinance [Appendix D]. 190 191 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department City Attorney's Office CA16920 R-1 June 20, 2025 5 73 ITEM— VII.L APPOINTMENTS ITEM#77421 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISOR Y BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORYBOARD INDEPENDENT CITIZENREVIEW BOARD MILITARYECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICESAD VISOR YBOARD STORMWATER APPEALS BOARD TRANSITION AREAIINTERFA CILITY TRAFFIC AREA CITIZENS AD VISOR Y COMMITTEE VIRGINLA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD August 12, 2025 74 NEW BUSINESS ITEM#77422 Mayor Dyer recognized three(3)Scouts in the audience from Troops#417 and#419 and thanked them for attending tonight's City Council Meeting. a August 12, 2025 76 ITEM— VU F CERTIFICATION ITEM#77423 Mayor Dyer reconvened the Formal Session in the City Council Conference Room at 7:33 P.M. Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE 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 August 12, 2025 U { 0 S 'OF OUR M�110N 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#77380 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. I AmnaBrne , MMC City Clerk August 12, 2025 76 OPEN DIALOGUE The following registered to speak.- Hanna Merk, 31133'd Street#6, Phone: 804-729-2558, did not respond Luke Sui, 408Investor Place#101, Phone: 295-8999, expressed concerns of Chinese Communist Party attacks aimed at Shen Yun Shows Shu Xiao, 1229 Lambeth Lane, Phone:215-5117, expressed concerns of Chinese Communist Party attacks aimed at Shen Yun Shows Dr. Alexis Mitchell, 1806 Lincoln Shire Place, Phone:560-6324, explained she is the founder of She Scored Sports, explaining the mission and purpose is to support female athletes in Hampton Roads. Michelle Wims, 4504 Andre Lynne Court, Chesapeake,Phone:289-7062, invited City Council to attend the EF Classic Showcase this weekend at the Princess Anne Athletic Complex, explaining there are 110 football teams, including fourteen (14)girl flag football teams, who have registered to compete and will be the largest event they have hosted. DeLois Hankins, 1333 Diamond Springs Road, Phone: 919-6817, requested to speak to the Council Member who represents District 4, explaining she has a disability and the elevator in the Section 8 housing where she lives does not work. City Council recessed at 6:49 P.M. and reconvened CLOSED SESSION in the City Council Conference Room at 6:55 P.M. August 12, 2025 77 ADJOURNMENT ITEM#77424 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 7.34 P.M. Terri H. elius Chief Deputy City Clerk rj�,mN&V A a am s, MC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia August 12, 2025