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AUGUST 19, 2025 FORMAL SESSION MINUTES
♦Nv+•B� 04c�� Or OUR NPTON VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia AUGUST 19, 2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,August 19, 2025, at 12:00 P.M. Council Members Present: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Barbara M. Henley—Arrived at 12:29 P.M. 2 ADD ON CITY COUNCILS BRIEFINGS HURRICANE ERIN ITEM#77425 12:02 P.M. Mayor Dyer welcomed David Topczynski, Director—Emergency Management. Mr. Topczynski expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Topczynski for the presentation. August 19, 2025 HURRICANE ERIN Outlook and Readiness Briefing Emergency Management Dave Topczynski I August 19, 2025 Overview Hurricane Erin Advisory 32 IP 1 1 N'W (i'W 40'W 95'N' W. fS'N' • Currently, Hurricane Erin is a Category 3 hurricane that is located east of the Bahamas. • Erin is expected to remain a powerful hurricane throughout the week, curving to the north/northeast over the next few days where it will remain offshore of .t►—Sun 2AM 75mph Catt ENE lBmph the East Coast. Sat 2PM 80tnph Cat 1 ENE 18mph a�Sal 7AM85mph Cat ENE 19mph • Erin is predicted to expand, extending its outward into a .--Fti2PM95mphCall ENE lBmph large diameter storm as it moves North. x-Fti 2AM 105mph Cat 2 NE 18mph �- • Hurricane Erin's forecasted track has shifted westward, --Thu 2PM 110mph Cat 2NE 15mph bringing the outer bands closer to the coast. yf-Thu 22M1115mph Cat 3 NNE 14mph • Erin is expected to pass offshore of Virginia Beach this �-Wed 2PM 115mph Cat 3 N NW 13mph Thursday, 8/21, into Friday, 8/22. Expect to begin *_.-Wed 2AM 110mph Cat 2 NNW 12mph experiencing the effects of Erin on Wednesday, 8/20 �Tue 2PM 11Umph Cat2N NW 11mph with the storm clearing by Friday, afternoon. iue 5AM 115mph Cat 3 NW 7mph Mon 111M 5mph Cat 3 NW ph MOn 11AM 12140m ph 8m Cat 4 WNW 10ntph • Hurricane Erin will be mostly a coastal and wind event. 7Sun 11 PM 130mph Cat 4 NW 12mph III� Su 11AM 125m ph Cat 3 WNW 13mph ® Sat 11PM 140mph Cat WNW 14mph 1u u., Sat 11AM 1SSmnh Cat 4 W 17moh Potential l m acts - Win d p Outer bands o mph with gusts as high as 40 mph or greater along the coast. ' Wind Gust Throu h 72 Hrs Weather�oreust Office fill g Wakefield,VA .; ' •, ., ,,F;� B:OOAM Mrough Fri B:OOPM EDT hated Aug 79 2025 7 AO AM FnT ss at , L rv. Z5 95 1 95' � 15 ii CM , wc.itht Potential Impacts — Coastal Flooding • North/Northeast winds will allow for stacking waves in the Chesapeake Bay that could result in tidal flooding along our Bay communities and tributaries of Lynnhaven Bay, especially during high tides Wednesday and Thursday. • Tidal Flooding is expected to reach moderate to major levels during high tides. nnersa me 1 llz 212 112 :J: 111 232 l:z 29z :11 20Z 1:z naq l' IWS 37 W9 Ie niq le nuq to nu519 /wq:O N<910 kgil n,q 1: lu922 u LZA.111l 1 w<voW<'.3,53 h of] AN EDT a3o_s.rbM Saa.A i.6.SR s --— i 5 In r 2 4d if .r.r.. 1 ��AYlltia_ItR !+e o_ n Jun w. ron T.: T n W.c qA:A T, hu M Aug 1' Au;17 Au9 18 Alq 18 Auq 19 41519 Au9 i0 lu2 20 Aaq 21 Aaq 2: Au9 22 SMe Tme(EDY) ....f�f•<MM(�n1AM Yiq 10 MXI • <V+<rvwl+ Fu«..Irywu<n 1.MYY4111 p�0p, MIIIIMGnM[tMl,1Mn.N auauu ll.MfaaM FMI<ew wao YF.�<a!! ' 4aw2{gginno nwrtAi-cao<r oM:0 I cnl<,s murcnr a us-xdaorA(serv<r I 4 ". Pote nt i a l i m acts — Surf p high risk of • currents. 0-72 Max Wave Hei ht wenUter Forece st Office ` Very g Wakefield,VA Valid MOO-M through Fri 8:OOPM EDT Issued Aug 19,2025 7:41 AM EDT AtlanticWave Height • Ocean: 20 oc 0 8-12 ft waves in the surf zone starting Wednesday. possible Thursday • Friday. • 15 Chesapeake . % • ift waveson • . t 12 1-3 ft. of storm surge is possible. m u 5 va 5 Beack q �l 1 0 f � NWSWakchcidVA weathecgov/akq Preparedness • EOC activated to Level 1: Enhanced Monitoring • A preparedness message was sent to property managers in Sandbridge yesterday. • Town Center Parking Garages will be available to residents wishing to move their vehicles from flood prone areas beginning Wednesday through Friday. • Receptacles, banners, flags, and other loose items are being moved and secured along the Oceanfront and Sandbridge by Parks & Rec and EMS Lifeguards. • High Water Response Vehicles are readied and will stage at Fire Stations in the northern areas of the City. • Public Works is checking drains, equipment and exercising the Windsor Woods tide gates. • ECCS will upstaff 911 and 311 to handle any increases in call volume. • Public Safety Departments are checking equipment and are making plans to upstaff, if necessary. • Landscape Services, Public Works, and Public Utilities have crews ready to respond. Resident Preparedness • Sign up for Emergency Notifications through VBAlert: Visit website or text T VBALERT to 67283 Ready'--', • Beach Condition alerts: Text BEACH to 67283 • Monitor forecasts from official sources! • Bring loose, lightweight objects, such as lawn furniture and garbage cans, inside. • Secure objects that cannot be brought inside, such as grills or propane tanks. • Top off your vehicle and generator with fuel. • Consider moving vehicles to higher ground if you live in an area known to flood. • If your source of water is a well or another source that could lose service if the power goes out, fill containers with water before the storm arrives. � F https://virginiabeach.gov/ReadyVB 7 Questions? Emergency ,..v Management 8 3 CITY COUNCILS BRIEFINGS COMMUNITY POPULA TION AND STATISTICS UPDATE ITEM#77426 12:19 P.M. Mayor Dyer welcomed Michael Evans, Business Intelligence Director — Hampton Roads Alliance and Monica Croskey, Deputy City Manager. Ms. Croskey 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 Mr. Evans and Ms. Croskey for the presentation. August 19, 2025 I Vi iirna Beachbythe Numbers Population , Workforce, and Economic Trends Michael Evans, Director of Business Intelligence Hampton Roads Alliance Population Trends & Characteristics Virginia Beach Population 490,000 485,257 480,000 471,056 470,000 459,182 460,000 452,965 " 450,000 452,604 440,000 430,000 420,000 426,712 410,000 400,000 390,000 00 O'L Oti O'3 Ob O� OHO O� 00 O°i ,y0 ,y'r ,ti'L ,y'S ,Yb ,y�'i ,tiro ,y'� ,YW ,yoi ,y0 ,11 'L'1' 'L'� ,tib 'Lh ti0 '11 ti� 'LA ,50 ,51 ,6'L .5'6 3b 3h 30 '61 3� 'S°i b0 p'y b'L p'� bb bh b0 b1 d4 boi y0 ,10 ,10 .y0 .ti0 ,ti0 .10 .10 .ti0 .ti0 .�0 .ti0 .10 ,ti0 .10 ,ti0 ,10 ,10 .10 ,10 .y0 ,10 ,ti0 .10 .y0 ,ti0 .10 ,ti0 .LO .10 .10 .10 .10 .ti0 ,10 ,10 ,10 .10 .LO ,10 ,ti0 .�0 ,LO ,10 ,ti0 ,`O .10 .ti0 .10 .10 ,10 ,10 Population Population Projection Current Population: 452,965 10-Year Growth: 550 or 0.1% Anticipated Growth: 7,020 or 1.5% IiAMPTON ROADS ALLIAN ZE Hampton Roads Population Growth Index 150 147 140 . 135 130 130 120 120 •• .....................................•� • ...:ttrrutt.• •�t••: 118 .. .,.•a:' ............... ..ttJ••r••••••••••••.•••••rJJt.. ......... 117 .. .. ............. ....:......... - 117 110 •• �s�... ........ 110 104 �sttzt.• ••��•� ..:a.;••:;.. .................................................. ;_,. - •::::: .::::......::::afiii:aStttaaaaaa 103 .......... , •.•• :a••.y� 100 su• f; 100 r... s" ............:.:.............................................:.•,rM.. :i.asp::tIlJJIJ:...• ..:}aa+h�tiitti:♦ 100 .......................................................,..tr:.........s:. •• �•:+•.. 98 97 96 90 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 ...... Chesapeake •••••• Franklin •••••• Hampton •••••• Isle of Wight •••.•• James City County •••••• NewpoertNews •••••• Norfolk •••••• Poquoson •••••• Portsmouth •••••• Southampton County •••••• Suffolk Virginia Beach •••••• Williamsburg ••• . York County Virginia 20-Year Growth Index: 104 Virginia Beach: 8th out of 14 High Growth Concentrated in Rural Communities HAMMONROAD`- ALLIAN&E Growth in Virginia's Large Localities Locality 2020 r Chesterfield 3% 1% 3% 2% 2% 2% Fairfax 0% 0% 0% 0% 1% 0% Henrico 2% 0% 0% 1% 2% 1% Loudoun 2% 1% 1% 1% 1% 1% Prince William 2% 0% 2% 1% 1% 1% Chesapeake 1% 0% 1% 0% 0% 0% irginia Beac Total • Slow overall growth in municipalities with population 250k+ • 5-Year Growth: 1% in large counties, while flat in independent cities ALLIAN&E Key Takeaways : • Population growth has been largely flat , over the last decade - • Virginia Beach is middle of the pack _ regionally for growth Considerations: • Revenue & Fiscal Health: Without population _ I growth, the city's tax base stagnates, but the cost of services continues to rise. y • Talent Retention and Attraction: With little ,,, natural population increase future economic growth hinges on importing talent. ALLIAN CwE Domestic Migration Patterns Hampton Roads 2022 Net Migration: -2,753 • Inbound Migration: 58,398 • Outbound Migration: 61,151 Virginia Beach 2022 Net Migration: -3,674 r ►�A� g� g � • Inbound Migration: 25,639 • Outbound Migration: 29,313 r6 �. Net aw � o ! ° M 4AMIM.110AM ALLIAN&E Gross Migration : Top Localities (5,500) (3,500) (1,500) 500 2,500 4,500 Norfolk,VA 4,230 Chesapeake,VA 3,039 San Diego,CA 1 819 Portsmouth,VA 639 Suffolk,VA � 433 Fairfax County,VA � 394 Hampton,VA � 393 Duval County,FL � 364 Newport News,VA 347 Honolulu,HI 243 Newport News,VA (343) Fairfax County,VA (362) Currituck County,NC (387) Duval County,FL (504) Hampton,VA (528) San Diego,CA (688) Portsmouth,VA (894) Suffolk,VA (978) Norfolk,VA (3,697) Chesapeake,VA (4,439) r!nM7rON ROADS ALLIAN&E Net Migration : Top Localities Overall (1,750) (1,250) ':;0: 5C' 250 750 Norfolk,VA 533 San Diego,CA 131 Queens County,NY 71 Harrison County,MS 64 Kings County,NY 57 Philadelphia,PA 56 Suffolk County,NY 51 Sacramento,CA 47 Arlington County,VA 45 Bexar County,TX (74) Isle of Wight County,VA (79) Pasquotank County,NC (80) Wake County,NC (99) Hampton,VA (135) Duval County,FL (140) Currituck County,NC (243) - Portsmouth,VA (255) - Suffolk,VA (544) Chesapeake,VA (1,400) ALLIAN A% E Net Migration : Top Localities in Virginia (1,750) (1,250) (750) (250) 250 750 Norfolk,VA M 533 Arlington County,VA 45 Stafford County,VA 43 Loudoun County,VA M 37 Fairfax County,VA 31 Accomack County,VA E 29 Manassas Park City County,VA ■ 22 Highland County,VA ■ 20 Charlotte County,VA ■ 20 Montgomery County,VA (22) ■ Williamsburg,VA (27) ■ Bedford County,VA (30) M Henrico County,VA (65) James City County,VA (73) Isle of Wight County,VA (79) Hampton,VA (135) Portsmouth,VA (255) - Suffolk,VA (544) Chesapeake,VA (1,400) HAMPTON ROADS ALLIAN CrE 10 Net Migration : Top Localities outside Virginia (300) (250) (200) (150) (100) (50) 0 50 100 150 San Diego County,CA 131 Queens County,NY 71 Harrison County,MS 64 Kings County,NY 57 Philadelphia County,PA 56 Suffolk County,NY 51 Sacramento County,CA 47 Los Angeles County,CA - 44 Berkeley County,SC - 43 Lauderdale County,MS 40 Hillsborough County,FL (53) Harris County,TX (53) St.Johns County,FL (55) Mecklenburg County,NC (59) Clay County,FL (71) Bexar County,TX (74) Pasquotank County,NC (80) Wake County,NC (99) Duval County,FL (140) Currituck County,NC (243) NA voT JN R(IAItt ALLIAN&E 17 International Migration • Regionally, international migration is leading to overall population growth. • In Virginia Beach, foreign-born population has increased 7.5% over last decade, from 38,582 in 2013 to 41,472 in 2023, outpacing overall growth. 115 110 107 105 ,,."' 101 100 95 90 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 _VB Overall Index Foreign-Born Index HAMPTON ROADS ALLIAN&E KeyTakeaways: • Top domestic migration largely within Hampton Roads • Outside of Hampton Roads, migration is largely between other military metros WIYIAIDIMG .1 a _. Considerations: • Regional Housing and Mobility Planning: Migration within the region underscores the need for coordinated housing, transportation, and workforce - strategies across localities. al Iq • Talent Retention and Attraction: Leverage military F�Ff presence to build a sticky city, one where veterans, r ' ' spouses, and service members choose to stay and build careers post service. p 'w ALLIAN CrE • - • - Key Questions • • Are we prepared for a future where population growth is no longer guaranteed? • How can we convert short-term • - • - • • - . - • . residents (e.g., military families) • • - into long-term contributors to our economy and community? • - • - - What are we doing to ensure our housing, infrastructure, and • " • • amenities are competitive with fast-growing metros and peer cities? Demographic Trends & Characteristics Age Composition Mediange: 34.9 Prime Working Age: 44% Median , WorkingPrime .. , . ■Under 18 r 18-24 25-54 55-64 ■65+ ■Under 18 ■18-24 25-54 55-64 ■65+ II�MPTON ROAIX ALLIAN ZE 16 Age Composition : Prime Working Age 195,000 44% 194,000 44% 193,000 ' 43% 192,000 43 191,000 42% 190,000 42% 189,000 41% 188,000 41% 187,000 40 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Prime working age population —Prime working age proportion ALLIAN&E Age Composition : Under 18 105,000 24% 104,000 24 103,000 23% 102,000 101,000 23% 100,000 22% c°.000 22% 98,000 97,000 21 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Under 18 population Under 18 proportion .'m'.N ROAD' ALLIAN&E 18 Age Composition : 65+ 80,000 18% 70,000 16% _ 14% 60,000 12% 50,OOC .r 10% 40,000 8% 30,000 2% 6% 20,000 4% 0% ZO"3 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 65+population 65+proportion ALLIAN&E 19 Age Composition • Share of households with children are slowly declining • At the same time, share of households with individuals aged 60+ is increasing 40.0% 38.0% 37 2 36.0% 34.0% 32.0% 31.9% 30.0% 29 7% 28.0% 26.0% 24.0 22.0% 20.0% 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 —Share of Households with Children —Share of Households with person age 60+ HAMVfON RnAnS ALLIAN ZE 20 Key Takeaways : .. A: • Virginia beach has a slowly aging population • Prime working age and under 18 populations slowly falling • Greater share of population is 65+ r Considerations: • Revenue & Fiscal Health: An aging population can lead to higher per-capita service costs while reducing revenue growth as more households qualify for tax relief programs. • Talent Retention and Attraction: As retirements accelerate, the city may focus on talent retention, re- skilling, and attracting younger residents to sustain its economic engine. ALLIAN&E Veteran Population • 2023 Virginia Beach Veteran Population: 53,555 • Larger proportion than Hampton Roads overall 16.0 13.6% 13.6% 14.0% 13.2% 12.7% 12.6% 12.7% 12.7% 12.6% 12.6% 12 4% 12.5% 12.3% 12.2% 12.1% 12.0% 120% 11.8% 11.7% 11.7% 11.8% 12.0% 11.4% 11.0% 10.0% 8.0% 6.0% 4.0% 2.0% 0.0 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 ■VB%Veteran Population ■HR%Veteran Population IIAMITow aonos ALLIAN&E 22 2024 Veteran Population : Across Virginia 80,000 71,912 70,000 63,871 60,000 50,000 41,174 40,000 31,030 30,736 30,000 26,107 23,154 21,924 21,333 19,680 20,000 17,094 13,915 13,446 12,536 12,243 10,000 0 Fairfax County Virginia Beach Prince William Chesapeake Norfolk Chesterfield Newport Stafford Loudoun Hampton Henrico Spotsylvania Arlington Suffolk Alexandria County County News County County County County County HAN.pTpti ROAtx ALLIAN E 23 Projected Veteran Population A& • Veteran population in Virginia Beach expected to fall 16% by 2040 • Lower than region overall at 19/ Projected Veteran Population 62,846 60,518 53,969 Change from 2023 -2% -5% -16% HA"'ON ROAD" ALLIAN&E 24 Key Takeaways : r d • Veterans remain a key demographic • Second largest veteran population in VA, largest --- — - '- W among independent cities • Veteran population expected to decline over next two decades : Considerations: • Talent Retention and Attraction:Targeted efforts to improve u; 1 employment pathways, housing access, and veteran-owned business support can help retain veterans and transitioning service members, positioning them as a key pillar of the city's workforce strategy and helping to counter broader population stagnation. f1AMVTUN Pn A[Y ALLIAN frE Virginia Beach City Public Schools Cost per Pupil • At $16,316 cost per pupil, Virginia Beach City Public Schools has the second lowest cost per pupil in Hampton Roads $19,212 $17,325 $17,583 $15,850 $16,316 $16,350 $16,355 $15,000 $10,000 $5,000 $0 Suffolk Virginia Beach Chesapeake Hampton Norfolk Portsmouth Newport News l4AMIONROADS ALLIAN E 27 Student Enrollment • Virginia Beach City Public School's year-over-year student enrollment has been relatively flat. When comparing the 20-21 and 24-25 school years, there was a 1 .2% decline in student enrollment. 67,000 66,500 66,000 65,612 65,498 65,550 65,500 65,078 64,823 65,000 64,500 64,000 63,500 63,000 20-21 21-22 22-23 23-2a 24-2� ChangePercent in Student 21-22 22-23 23-24 24-25 -0.17% 0.08% -0.72% -0.39% HAMM111AD1 ALLIAN CE Student Enrollment — Grade level • Pre-k through fifth grade makes up the largest portion of student enrollment. 100% 32% 31% 31% 31% 31% 80°/-, 60°'0 23% 23% 23% 22% 22% 40% 20% 0% 20-21 21-22 22-23 23-24 24-25 ■PK-Grade 5 Grade 6-8 Grade 9- 12 {1AMPTON POADS ALLIAN&E 29 Student Enrollment — Increasing Needs VBCPS Percent of All Students Disadvantaged Students 41% 44% 46% 46% 46% Students with Disabilities 12% 13% 13% 13% 14% English Learner Students 3% 4% 5% 5% 6% Gifted Students 16% 16% 17% 18% 19% While the overall student enrollment has remained relatively flat, the percentage of students who have additional needs has increased across several categories. 11AM"011 ROAOS ALLIAN SE Student Enrollment — Increasing Needs Disability Category Pupil Count Expenditures Per Pupil Expenditure Hearing Impairments 39 $1,718,290 $44,059 Speech or Language Impairments 834 $4,967,767 $5,957 Visual Impairments 9 $220,108 $24,456 Emotional Disturbance 309 $5,155,922 $16,686 Orthopedic Impairments 19 $315,592 $16,610 Other Health Impairments 1,599 $22,039,481 $13,783 Specific Learning Disabilities 2,927 $45,871,066 $15,672 Multiple Disabilities 150 $9,290,748 $61,938 Autism 1,474 $34,437,767 $23,363 Traumatic Brain Injured 19 $210,395 $11,073 Developmental Delay 807 $8,415,792 $10,428 Intellectual Disabilities 237 $6,987,632 $29,484 • FY2024, Virginia Beach City Public Schools spent $139.6 million on special education and related services (83.5% of these additional costs are funded by state and local funds).. • VBCPS provides additional funding to provide resources that meet the needs of a growing English Language Learner (approximately $3,200/student) and a growing Gifted Learner (approximately $2,100/student) population. ALLIAN twE Income Poverty Income • Median household income: $90,685 • Higher than Hampton Roads at $80,533 $100,000 $90,685 $90,000 $87,544 $81,810 $80,000 $76,610 $78,136 $70,000 $65,219 $67,001 $66,634 $67,71° $70,500 $74,186 $60,000 $50,000 $45,320 $47,372 $40,000 1$314,607 $36,268 $37,776 $39,788 $41,803 1$31,934J$3,2,477 $32,269 $33,250$30,000 ` $20,000$10,000 $0 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 ■Median Household Income v Per Capita Income HA`ARTON ROADS ALLIAN&E Income by Position • Among top 10 occupations, four fall below per capita income Occupation Estima ted Annual Wage Difference from Per Capita Food Preparation and Serving Related 23,724 $31,650 -$15,722.47 Office and Administrative Support 21,605 $42,787 -$4,585.21 Sales and Related 19,876 $32,631 -$14,740.54 Transportation and Material Moving 14,254 $41,094 -$6,278.24 Business and Financial Operations 13,957 $78,916 $31,543.61 Management 11,855 $106,629 $59,257.24 Educational Instruction and Library 11,845 $55,948 $8,576.23 Healthcare Practitioners and Technical 11,318 $81,378 $34,005.78 Military-only 10,125 $50,037 $2,664.83 Construction and Extraction 9,902 $50,083 $2,711.33 ALLIAN&E Poverty level in Virginia Beach 10.8% 10.0% 10.2% 8.8% 8.0% ....� 8.3% 7.5% ° 6.5% 6.0% 5.8/o ^'�V 4.0% 2.0% 0.0% 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 -Households Below Poverty Level-VB -Receiving SNAP Benefits-VB -Households Below Poverty Level-VA Receiving SNAP Benefits-VA IIAWTO) R AM ALLIAN ZE 35 ALICE Households ALICE (Asset Limited, Income Constrained, Employed) • Income above the FPL • Not enough to afford basic expenses in the county where they live. 60.0'i,, 49.3% 50.0% 40.0% 37.9% 33.8% 32.OS6 27A% 79.5% 28.9% 30.0% 26.0% 31.3% 20.0% J7. 9.4% 9.7% 8.8%10.0% 8.3% 7.6% 7.4% J6.6% . J6.2% 0.0% 2010 2012 2014 2016 2018 2019 2021 2022 2023 ■Poverty Households ■ALICE Households ALLIAIV&E 36 MIT Livable Wage • Median nonfamily household income: $57,361 • Proxy for median income of an individual • Two Adults,One 0 Children 1 Child 2 Children 3 Children 0 Children 1 Child 2 Children 3 Children 0 Children 1 Child 2 Children 3 Children Living $54,392 $87,443 $108,618 $139,797 $70,533 $84,594 $92,269 $110,011 $35,110 $48,734 $59,030 $72,904 Wage Poverty 1 $15,642 $21,154 $26,645 $32,157 $21,154 $26,645 $32,157 $37,648 $10,566 $13,333 $16,078 $18,824 Wage Minimum Wage $25,813 $25,813 $25,813 $25,813 $25,813 $25,813 $25,813 $25,813 $25,813 $25,813 $25,813 $25,813 NAMMIN ROAN ALLIAN CwE KeyTakeaways : ............... I........ .... .. 1 ci i�= • Median income is high but so is the cost of livingpip II - Low official poverty rate masks ,;, ����'• - ��� possible economic vulnerability ' • Top occupations don't always pay a livable wage Considerations: • Continue to prioritize business attraction and expansion efforts in industries that create ;hid mid- to high-skill, mid- to high-wage jobs. • Recognize that housing affordability directly impacts workforce attraction and retention `''" and align housing development strategies to ensure workers can afford to live in the city where they work. NMPTON POni b� ALLIAN&E .� Housing Trends & Characteristics Home Values — Existing Homes • One quarter of all homes assessed at $750,000 or more • Less than 50% of homes assessed below $350,000 35.0% 32.0% 30.0% 30.0% 30.0% 30.0% 30.0% 28.0% 26.0% 25 0° 26.0% 25.0% 21.0 21.0% 20.0% 17.0% 15.0% 14.0% 15.0% 11 0/0 12.0% 0 10.0% 7.0% 5.0% 3.0% 0.0% • FY23 FY24 FY25 FY26 ■Under$250k • 250,000-349,999 350,000-499,999 500,000-749,999 ■750,000+ HAMPiON ROAfK AWAN, E 40 Home Values — New Construction • Nearly half of all homes assessed at $750,000 or more • Less than 20% of homes assessed below $350,000 60.0% 50.0% 47.7% 40.0% 38.6% 36.7% 32.8% 30.0% 24.9% 1 28.4% 26.3% 20.0% 20.9% 20.3% 20.0% 18.3% 17.4% 19.0% 17.7% 13.9% 11.7% 10.0% 4.0% t v 0.4% 0.6% 0.4% 0.0% ---- ..; FY23 FY24 FY25 FY26 0 Under$250k ■ 250,000-349,999 350,000-499,999 500,000-749,999 ■750,000+ �uHm�r,rtonos ALLIAN&E 41 Home Sale Price vs. Affordable Home • In 2025, affordability gap has risen to $150,737 $500,000 $390,151 $411,179 $418,362 $400,000 $375,977 - -- $302,058 $344,752 $289,493 $310,921 $300,000 $273,884 $268,070 $293,201 $273,036-- $261,237 - $267,625 $246,978 $251,874 $200,000 $100,000 $0 .. $26,906 -$21,423 -$8,857 -$33,831 -$100,000 -$102,941 $138,277 -$149,942 -$150,737 -$200,000 2018 2019 2020 2021 2022 2023 2024 2025 ■Affordable Home ■Median Sale Price 14 Affordability Gap ALLIAN&E 42 Housing Cost by Occupations • Individual earners need to earn more than $130,000 to afford home at median sale price of $418,362 • Less than a quarter (23.2%) of non-family households earn more than $100,000 • 6.8% of non-family households earn more than $150,000 OccupationMedian Income "Affordable" Home* Number of Listings 8/1/2025 Share of Listings Registered Nurse 3,212 $84,793 $269,660 94 11.9% Mechanical Engineer 470 $99,461 $316,307 152 19.2% Operations Manager 4,317 $102,749 $326,764 176 22.2% Software Developers 1,805 $128,015 $407,115 311 39.2% Lawyers 995 $128,952 $410,095 313 39.5% *Affordable home calculation based on 30%DTI,10%down payment,Federal Reserve Bank of St.Louis 30-Year Fixed Rate Mortgage as of July 24,2025 11^MION 104[1 ALLIAN&E Median Rent & Housing Burden • As of 2023, median rent is $1,648 • 52.1% of of renter households are cost-burdened $1,800 $1649 56.0% $1,600 $1,568 $1,51 53.4% $1,433 $1,44T_ 54.0% $1,400 $1,339 $1,367 $1,380 $1.326 $1,20 $1.2 $1,235 $1,239 $1,236 $ , $t296 $1,257 .1% 52.0% $1,200 $1,087 $1,10 $1,116 � . ■ $1,000 50.0% 50.1 $800 .0% 48.0% $600 46.0% $400 $200 P 44.0% $0L 42.0% 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Median Rent-VA Median Rent-VB %Housing Burdened-VA -%Housing Burdened-VB IIAMVf�N ROAUS ALLIANZE 44 Key Takeaways: • Housing is increasingly becoming more expensive and more inaccessible • Interest rate reductions unlikely to help affordabilityIon term and may even g Y deepen the problem • Affordable, workforce housing should be defined to include high-income earners as Iji ----� well Considerations: • • Investment in affordable, workforce housing should focus on the "missing middle" of the market. ALLIAN E The Big Picture : Challenges & Opportunities Connecting the Dots 1. Slow Growth + Aging Population 4 Workforce Pressure • Flat growth and fewer prime working-age residents shrink the local talent pool. • High housing costs push younger workers and families to other localities. 2. Housing Costs as a Common Constraint • Rising home prices and rents affect migration patterns, labor force size, and school enrollment. • Affordability is key to retaining both young professionals and retiring veterans. 3. Economic Strengths Mask Gaps • High median income, but many top occupations pay far below the cost of living. • ALICE households highlight under-the-surface financial strain. NAM"ON ROAI ALLIAN&E Connecting the Dots 4. Migration Patterns Reflect Competitiveness • Losing residents to rural areas in the region shows the pull of affordability. • International migration offsets domestic losses, but benefits aren't evenly distributed. S. Education Demand Is Changing Without Enrollment Growth • Enrollment is flat, but student needs are more complex specialized education, English language learners, and gifted programs. • Rising needs mirror broader demographic shifts. NAM"ON ROA" ALLIAN SrE Key Considerations: 1. Strengthen Housing Affordability as an # . Economic Strategy r 2. Target Talent Retention and Attraction -- = 3. Diversify Job Growth into Mid- to High- r = _ .. a. Wage Sectors q_ - 4. Plan Regionally for Mobility and Quality of Life 5. Adapt Services for a Changing `' ' Population "' •. ALLIAN&E ,,. ' F 10 -.. ` _t- n • .�eweww+nww wwet �: e::ae i�wswwaw�_.. .vim � � •. r3.X:R T1 w � amity,• a 1 � ,.. c'::xw'wa�zw 4 CITY COUNCILS BRIEFINGS TIP FUND ANALYSIS ITEM#77427 1:38 P.M. Mayor Dyer welcomed Kevin Chatellier, Director — Budget & Management Services. Mr. Chatellier expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Chatellier for the presentation. August 19, 2025 w r u x µ_ Y71, , Tourism Investment Program TIP Fund Overview Kevin Chatellier, Director of Budget and Management Services August 19, 2025 CITY OF VIRGINIA BEACH Tourism Growth Investment Fund • 1993 — Council established TGIF • Dedicated revenues to support projects to maintain image as resort city through capital projects and operational support. • Established the Resort Investment Committee (RIC) and Resort Area Advisory Committee (RAAC) • Dedications l • 2.5% Hotel Room Tax Rate • %% of Restaurant Meals Tax Rate /' "a = • 20% of Amusement Participatory Sorts Tax Rates / p Y p x • Various Fees (Mobile Vendors, Open Air Cafe, Boardwalk Telescope Fees, Rent from the 14th/15th Street Pier, Parking t' Tickets) IN, Tourism Growth Investment Fund Continued • TGIF Projects Funded • Virginia Marine Science Museum Expansion • Oceanfront Connector Parks • Beach Erosion Control/Hurricane Protection (Seawall/Boardwalk) .x • Resort Streetscape Improvements • Atlantic Avenue Trolly Lanes _..�_ .___._ �- ...�._.�__ .__.._ • R u d e e Walk - . JE - :�- - �ti First Major Projects Fund • 2001 — Council established Major Projects Fund • Dedicated revenues for culture and tourism related projects. : G • Dedications • 80% of Amusement/ Participatory Sports Tax • 2.5% Hotel Tax Rate • 0.56% Restaurant Tax Rate • 5� Cigarette Tax Rate �_ • Major Projects Funded f • Convention Center • Sandler Center r' • Aquarium Parking ,.AN - 4 Tourism Investment Program Fund (TIP) • 2011 — Council merged TGIF and Major Projects into TIP Fund • provide opportunities for future SGAs, resort area maintenance, beach events, and Economic Development Capital Projects. " • Dedications • 5% Hotel Tax Rate • $1/ Room Night Flat Tax • 1.06% Meals Tax Rate • 80% Amusement and Participatory Sports Tax Rate �% — _ • 20% redirected in FY 2024-25 Budget to Arts and Humanities -� _� `-_ Dedication e_. — • 5� Cigarette Tax Rate • Franchise Fees and Rental Income TIP Fund Overview Revenue Dedications TIP TAP Open Space General Fund EDIP Major TOTAL Projects Hotel Tax 5%/ $1 1%/ $1 - 2% - - 8% Restaurant/Meal Tax 1.06% 0.5% 0.17% 3.5% - 0.77% 6% Amusement Tax 8% - - 2% - - 10% Cigarette Tax (per pack) 5C - - 54C 16C - 75C • FY 2025-26 TIP Operating Budget is: • Operating- $25.2 million • CIP Support- $30.7 million • Reserves maintained to support future debt service associated with $413 million of programmed bonds in the CIP 6 TIP Fund Annual Operations �� z • Cultural Affairs ($520,500) MOCA Advertising • Boardwalk Art Show • ViBe District Investment • Parks and Recreation ($1,380,538 & 12 FTEs) • Landscape Special Zone Management • Public Works ($5,154,047 & 26 FTEs) Recycling x.. Resort Building Maintenance • Beach Operations Resort Area Street Sweeping i FI IWO ' r TIP Fund Annual Operations Continues L- J • Convention and Visitors Bureau ($11,278,312 & 10 FTEs) • Resort Management Office • Advertising, Marketing and Promotion • Management of the Entertainment Contract haw • Holiday Lights • Festival Contract Coordination and Management T • Non-Departmental ($1,161,109) - _--- - - -- • Hampton Roads Transit =- _,� • Emergency Medical Services ($1,228,647) - • Lifeguard Services 8 TIP Fund Capital Improvement Projects • 17th Street Improvements- Phase 1 Pacific to Cypress • Convention Center Capital Maintenance • $48,843,040 • $52,929,218 ($15,096,496 is PAYGO) • 17th Street Regional Stormwater Management Facility • Oceanfront Capital Projects Reinvestment • $28,700,000 ($10 M from State Revenue) • $600,000 annually ($6.1M from General Fund) • Atlantic Avenue Street Improvements • Oceanfront Restrooms • $48,100,000 $2,833,484 • Atlantic Park Development Acquisition Resort Parking District • $9,194,182 • Atlantic Park Entertainment Venue $26,125,000 • $54,997,614 • Rudee Loop Park Development • Atlantic Park Parking • $50,000,000 • $45,950,000 • Sports Tourism Infrastructure • Atlantic Park Streetscapes • $19,500,000 • $6,000,000 • Virginia Beach Sports Center Maintenance • Atlantic Park Offsite Infrastructure • $7,336,120 • $36,567,955 ($17 M from General Fund) Virginia Beach Amphitheater Capital Maintenance $200,000 annually ($3.8 M from General Fund) 9 TIP Fund Operating Assumptions Revenue Expenditures • Hotel Room • CVB/ Parks and Recreation/ Public Works Operations • 2% growth annually • 3% growth annually • Restaurant Tax • HRT Contract • 3% growth annually • 7% growth annually • Amusement/ Participatory Tax • Entertainment Contract • 2% growth annually • 3% growth annually • Cigarette Tax • lifeguard Services • 5% growth annually • 5% reduction annually • Debt Service • Rental Income/ Various Fees • Every other year issuance • 0% growth annually • 5% interest 10 . R, Five Year Forecast t Adik 4dih; « rFY 26 Adopted F ..y. -1w` p 27 Projec@te FY 28 Projected FY 29 ProjeY 30 Projected Revenues Hotel Room (5%) 22,970,852 23,430,269 23,898,874 24,376,852 24,864,389 Hotel Room - Flat ($1 / room night) 2,756,419 2,756,419 2,756,419 2,756,419 2,756,419 Restaurant Meal (1.06 %) 19,619,699 20,208,290 20,814,539 21,438,975 22,082,144 Amusement (80%) 7,578,563 7,730,134 7,884,737 8,042,432 8,203,280 Miscellaneous Revenue (Atlantic park CDA) 2,088,240 2,088,240 2,088,240 2,088,240 2,088,240 Cigarette (5 cents) 404,996 384,746 365,509 347,233 329,872 Other Revenues 1,043,028 1,043,028 1,043,028 1,043,028 1,043,046 Total Revenues 56,461,797 57,641,126 58,851,346 60,093,179 61,367,390 Expenditures Operations 20,723,153 21,319,485 21,938,184 21,580,209 21,496,568 Debt Service 26,345,109 28,291,967 27,169,107 45,611,338 44,317,526 Reserves [—�,993,535 4,088,240- 3,088,240 2,088,240 2,088,240 PAYGO 4,400,000 2,800,000 1,150,000 1,500,000 1,143,060 Total Expenditures 56,461,797 56,499,692 53,345,530 70,779,787 69,045,394 Revenues Less Expenditures 0 1,141,435 5,505,816 (10,686,608) (7,678,004) Cumulative Fund Balance 54,217,809* 55,359,244 60,865,060 50,178,452 42,500,447 Fund Balance Percentage 94% 94% 101% 82% 68% How much does it take to move the needle? Tax Type Spend per Tourist Avg. Hotel 3.3 People Tax Collected TIP Portion Food $75.30 $248.50 $14.91 $2.63 Lodging $48.26 $159.25 $14.74 $8.96 Amusement $19.57 $64.59 $6.46 $5.17 Sales $34.88 $115.09 $1.15 - Total $178.01 $587.42 $37.26 $16.76 Context Scenario $1 M Total Tax $1 M Tax for TIP Room Nights to Generate 26,839 59,652 Tourist Spend to Generate $15.7 M $35.0 M 12 Capital Investment- Cost Recovery Scenario Scenario 1- Funded City Project Project $ 50,000,000 Debt Service $ 5,000,000 Other Direct Taxes $ - Overnight Tourist Tax Profile $ 37.26 Room Nights Needed to Generate 134,193 Scenario 2- Private Partnership Funded Project Project $ 50,000,000 Debt Service $ 5,000,000 Taxable Real Estate Improvement $50 M $ 485,000 Overnight Tourist Tax Portion $ 37.26 Room Nights Needed to Generatd 121,177 13 Amusement Tax Discussion 2008 $ 5,156,523 $ 5,012,284 (144,239) 2009 $ 5,592,040 $ 5,315,842 (276,198) 2010 $ 5,295,696 $ 5,126,501 (169,195) 2011 $ 5,700,550 $ 5,314,873 (385,677) 2012 $ 5,339,451 $ 5,472,204 132,753 2013 $ 5,560,563 $ 5,471,906 (88,657) 2014 $ 5,941,774 $ 6,015,026 73,252 Average 2015 $ 5,836,125 $ 5,902,808 66,683 ($168,017) 2016 $ 6,443,446 $ 7,034,791 591,345 2017 $ 6,201,490 $ 6,804,344 602,854 2018 $ 6,331,312 $ 6,344,252 12,940 2019 $ 6,872,387 $ 6,885,955 13,568 2020 $ 7,019,378 $ 6,719,969 (299,409) 2021 $ 3,705,707 $ 3,407,669 (298,038 2022 $ 4,498,652 $ 7,553,665 3 055 013 2023 $ 7,254,292 $ 9,236,340 1,982,048 2024 $ 7,780,275 $ 9,473,204 1,692,929 2025 $ 8,067,622 $ 10,856,415 2,788,793 2026 $ 9,473,204 14 Hotel Tax - Discuss • $60,000,000 3,000,000 $55,000,000 2,750,000 $50,000,000 2,500,000 $45,000,000 2,250,000 $40,000,000 2,000,000 $35,000,000 1,750,000 $30,000,000 1,500,000 $25,000,000 1,250,000 $20,000,000 1,000,000 $15,000,000 750,000 $10,000,000 500,000 $5,000,000 250,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 xmmw Room Night 8%Base 15 �,,, Capturing the "Shoulder Season" $2 Per Room Night Per Month Jul Aug Sept Oct Mar Apr May Jun FY 25 1804,903 442,823 623,891 544,487 434,206 331,976 297,655 274,280 343,258 421,132 516,365 539,619 FY 24 556,473 658,403 594,630 500,376 408,248 317,574 268,470 306,235 389,946 501,652 469,136 403,289 FY 23 555,301 719,089 612,560 517,739 407,950 337,726 284,027 265,397 332,039 418,029 455,195 474,884 FY 22 577,159 713,434 617,409 493,997 483,991 335,772 293,949 224,988 285,063 372,751 445,756 473,813 16 .�„ Thank You Questions? CITY OF VIRGINIA BEACH 17 5 CITY COUNCILS BRIEFINGS RUDEE PARK UPDATE ITEM#77428 2:21 P.M. Mayor Dyer welcomed Michael Kirschman, Director and Chad Morris, Planning Design &Development Administrator—Park& Recreation. Mr. Kirschman expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Kirschman and Mr. Morris for the presentation and after confirming a consensus from the Body, instructed staff to move forward with the Rudee Park Project. August 19, 2025 n/ 14M- RUDEE PARK MASTER PLAN Next Steps Briefing Michael Kirschman, Parks and Recreation Director Chad Morris, Planning Design & Development Administrator August 19, 2025 AGENDA .. . r 1- 6 1. BACKGROUND, PUBLIC DIRECTION & ENGAGEMENT 2. PARKING & BEACH EVENT LOGISTICS 3. PARK & RESORT RESILIENCE 4. ECONOMIC & CULTURAL IMPACT OF WORLD CLASS PARKS ,F 1^ 5. GOVERNANCE & CAPITAL CAMPAIGN /q r 6. RECOMMENDED ACTIONS -s z a � {a.BACKGROUND, PUBLIC INPUTA Access to this place is so { important... . . 1 cant get this at my house" 9 1� y� —v •. d �; 3 TIMELINE May 2022—RFII Issued for Rudee Loop July 2024— Dills/SCAPE/EDSA Team Hired July 2022 —Four Responses Received 1 1 • • • August 2022—Council Briefed on Responses February 2025—3 Concepts Presented Nov. 1 123—Reimagining Rudee Loop Citizen Survey Feb. A• 125—Public Input/CommentPeriod September 2023 —Cancelled RFII/Develop a Request for May 2025— FY'26 Capital Project Included $40M Qualifications (RFQ) appropriation ($50M total) October 2023—Council Briefed on Recommended RFQ May 2025— Final Concept Plan Presented Process November 2023 —Council Adopted Ordinance Establishing a May—Aug 2025—Ongoing Feedback Being Received Rudee Park Capital Project/$4M Jan.—Feb. 2024— RFQ Released for Solicitation August 2025 —Rudee Park Update May 2024—FY'25 Capital Project Includes additional $6M 4 appropriation 2022 PUBLIC FEEDBACK # 1 ( RFII ) 9,272 Responses 4,010 People 96% 1 CREATE A PARK "More green space and public access to the water and views" CONCEPT r SITE PLAN or k M r 2024� 2025 Community 8 City Wide Community Events 18 events in total across all 10 Districts 41 i i J ti ,may �. ► _ r' ti • 2025 PUBLIC FEEDBACK #2 62,615 Responses from all 10 districts (4,393 for final plan) 16,782 people 98% 1 DELIVER THIS PARK "Make it Natural, Active, & Connected to Water & Culture" I � n 4 _ �1 ^G J J 9 . 11 i���•., � ����1. 1 1.� d " yyyCC[... r . f 1 PARKING & BEACH EVENT LOGISTICS a "Rudee Park can connect the oceanfront with the entire City as an iconic destination" l r c �1 r4.�-... ....� �� .-i�,....' �1• .,�,�aY ��.� +e� .. �••-y.....1 �! ��� �� a. fir( a 1 r�..•ti-au-rim L_._.._.._..J L..i..i...J — .:� ;ti� %:�_:.�►v�.� L.___..__......_..1 L..i. ..J 7 PARKING EXISTING PUBLICLY AVAILABLE 392 SURFACE w. PARKING u PARKING PROPOSED PUBLICLY AVAILABLE ' SURFACE PARKING PAVILION PUBLIC ART 397 , ING coNNunm SURFACE OPTION REDUCES NA CAPITAL COST BY $27.8 M FISNIN6 lE00! su"s"IAWN SKATE ALLOWS FOR EVENTS, STAGING, & BETTER VISITOR EXPERIENCE MARINAVARKIN(3 STAGEBACK ji ti n , - r t - AL BEACH EVENT PLANNING 0 We can flip the event layout and Rudee Park P, -*I event L ntry becomes a gateway for admissions and a part of the event experience. .. m ` ■ fit t r -- Rai t^ f c ■ 1 F '�9 t "�+ P . PARK RESORT RESILIEN Vol w „ t r �r "I travel for local culture, that's why people visit pIaces... . Rudee Park will be that, and it can change our resort by being authentic to our City" 14 • • : • 1All 1 1 1 a2020 0.2% Annual Exceedance 500-year Flood 2040 4% Annual Exceedance 25-year Flood 2060 20% Annual Exceedance 5-year Flood ` 2080 50% Annual Exceedance 2-year Flood VA OCR Coastal resilience Master Plan VA Beach Sea cevet VVi t ; .i° 17 INCn �, •, � � I t )-. � , .,- --„ . a .ter ,.�.� t; • _�o- ,.�.. �'l � �- � � . , .. � �, s—�� �• J 4 � S •� ��. �� �. , �. _. .� + , r---- ,: � ' �� ,.. �� .. t �` M � � �. .: � �. . ., � _ �� � � !! � T _� ; � r....._...a � - � i y -,,, �,.� .�, •" f: '`' �� �� - - ._- - B I ` , �- �' ( � _, � _ p � , �• {: r / � t �"' ' / \.. „i A. r - 4..xi� { {��i Y� .1 R � x � , � �. ��. �;. ��. "�••���i��, - � _ ,. • � �. ���1. .� :�, j� _ �; �,,��, .�.y.:'dTa � _ a 4 I FLOODING & SEA LEVEL L4 1 240 low r FLOOD WALLpp ���' -�-�y i� ��`'c• 771 Ak - _�- • is '� _ � ., rf ..yr- € y / 1 FLOODING 48" BELOW GRADE OF BOARDWALK Aw ki- JLI f�I r Yl.- �:, MEET BOARDWALK � � u dam. 1 � 'w���•_ 1 , , E d o M r \ � i t_�� • e'er -. 4i•, ':.�`- _ I i i N x. t ti ll c' a , y e� 4 • r,.. - � � .�.�=�' = �� ,ate—'..^�►,,�y�,�'` '� - .. '^w �r-.. _:�.� ... ��1 4 k�..,�,* fir. � l I,A W • .gLdYl - drp At T. I ` 94 SUMMER SURFACE L AVERAGE or y `;` 1/ 4 a HEAT ( parkreduct 'lon ) ti 43% IMPERVIOUS u COVER - 40% ` �:- SHADE 4 COVER 81 jo, SUMMER SURFACE AVERAGE 22 � r $'� - ' n� PLANTING APPROACH .�, "'"• ,�. - �� ...,,.... ;�'��'a� ~'�:�.taw � PROTECTIVE _ * 'A DUNE FORMS, r PLANTINGS AND _ �. IND SCREEN }. �a .4 • '�^x•—,)� � 1+.ry�z��s���'�"�r 4 .,+�P'"`"......:: r w ice'* x >: r x r .� PARK a 7 t�•"a' . S ti. Y LANDSCAPE � ---��� -',.�• '� �,� ��� ,, .. PLANTINGS LAWN, TREES �- w 23 '.� r M CULTURAL INFRASTRUCTURE M 7# • as .,;..:: =:,a ,.yr 3M ANNUAL 3 VISITORSTHIS ADDS A . C U LT U RA L a Y - w -- DESTINATION TOr THE CITY .a 4 Q�. � of �"._�y /4. �{. y�'m�`. ]..' ?•1•f �,. 24 1 rt �: CULTURAL INFRASTRUCTURE e. CULTURA - ,_■ EXPERIENCES y�4 , s� h3� ,}tiVy t 5 i UNIQUE TO VB . , .- 3 ��' �a ten^'• .,. ' a�AYO�d�44 a`1t�.�� b - - `~�� 1s �,. _,� � �; - - �- ._.1- _ �taw' J"`'� �iA- t � Yi i. � .�j � � CULTURAL INFRASTRUCTURE .e . ......... r A � 4 TIE PEOPLE TO a .z w CULTURAL & EDUCATIONAL a EXPERIENCES a c CRITICAL INFRASTRUCTURE DRIVE TOURISM., w w. VISITATION., �SITATION, AN D ECONOMIC * ACTIVITY FINANCIAL .G . RESILIENCY FOR FOSTER ECONOMIC THE RESORT '" s .a REDEVELOPMENT • -�• .�'�;: ELEVATE THE r VISITOR EXPERIENCE 28 a, s. IMPACT OF WORLD CLASS PARKS . :.,`/lit ►-' --�.��� —ti—,� "High quality pa a dd a discrete destination, EI r+ a ,r 47 and the almost A immediate increase in desirability and value for properties and rates = within Y2mile" . 0.11" _`S Y Y• p Urban Land Institute " ' 4 ' Las 01asPark, oLauderdale rt Y, BUILT: 2019 over existing old parking lots SIZE: 2.5 Acres, Beach Resort location • __ COST: $65M including parking structure Increased visitation and hotels stays by 30% (added 2M/yr visits) Hosts over 300 events annually, Daily programming Added $7.4M in tourism revenue annually Maintenance costs of $1.3M/yr (avg) .. . r 4 yr .. Las 01as ar ort au er a e _ -v v v - ti. 47 Poo f � 74� L ., �...: PROPERTY SALES FOR REDEVELOPMENT OF - . $450M IN THE 2 YEARS FOLLOWING HOTELS WITHIN THE PARK WALKING _M �y ° DISTANCE w � ADDED 60% TO RATES 31 Park r er a easo t asa u . 9 1 a � > ,!, FOOT TRAFFIC AND , 41 KFA VISITATION JUMPE ;. I 3 36% SINC � ( ` CONSTRUCTI N 5 M ANNUALLY Ya .,:, Y� NSA^ HiT• -s ^t.nm * .,..� ` 1 '.-k �X"s.f"��'�r`�'4}may �"?'9� W"'� {' ,we +S`- w•" � ��. 32 A . 1i ' a w. TOM LEE PARK, MEMPHIS BUILT: 2023, over old fields, parking SIZE: 31 Acres, Waterfront urban location COST: 61M including parking$ gp g structure Gov: Memphis River 501c3, COO p • Increased visitation by 300%, 1M annual . k • Raised $28M in private, corporate donations Added $149M in economic activity since open • Maintenance costs of $450 - 1.4M/yr (avg) z Y p b Y " TOM LEE MEMPHIS rr +r N a tac ,dl� ►': + r � a �7) "A TURNING POINT FOR THIS WATERFRONT AND ��'� ,�' `,�.�7" •�a �'°""�, �?�"" I ...�. CITY .. AS ONE OF THE NA r �{ MOST UNIQUE PLAC ES ,.1 1 IN THE WORLD" , Memphis parks, CEO r.+ w 34 i a3 w . TOM LEE PARK, MEMPHIS REDEVELOPMENT OF OVER 20 PROPERTIES HAS OCCURRED WITH Fr PHILANTHROPY TOM LEE PARK FOR ONGOING h OPENING PROGRAMS BY .- - n OVER 30 100A ENTITIES r DOWNTOWN CARY PARK, CARY, ,... BUILT: 2024, redevelopment ' ._� . w SIZE: 7 Acres, urban location COST: $68M s - a a Gov: City, now dedicated operations staff f Regional & National draw over 1M visitors Annual revenue of $12M Annual expenses of 6.5M 750 programs & events year 1 36 DOWNTOWN CARY PARK, CARY NC Id t777 ADDED h SURROUNDING PROPERTY 1 VALUE TO OVER 28/ "THIS ANCHOR IS r BREATHING NEWp� � ECONOMIC LIFE INTO � �AN UNDERUSED PART OF DOWNTOWN s Cary CVB '�„�.{�. ��,•�•'. _, y�� a �, DOWNTOWN CARY PARK, n �7r, ADDED 50%000 a ANNUAL NEW VISITORS TO l y} DOWNTOWN `EVEN BEFORE_ ` �-� -�►--•- � �: CARP e,folOPENING, WE SAW �. �s ; BUSINESSES MOVING IN, UPGRADING, A N D .: EXPANDING„ Cary Park COO KLYDE . DALLAS 4 1. - rap Its V# . µ BUILT: 2012, redevelopment ; o SIZE: 5.2 Acres, urban location COST: $40M ,; Gov: Woodall Rogers Foundation, 501c3 $312M direct benefit, $12.7M taxes Rates and rents increased 32% since opening -` 10M visitors a year (local and national) 39 KLYDE WARREN DALLAS $123M - 1 INCREASE IN HOTEL REVENUES FROM ADDED r, - VISITS _ KLYDE WARREN HAS y r � a nU --.a .� HAD A 313 IMPACT - WITH $415M PER YEAR _ � IN INCREMENTAL TAXES �- FROM BUISNESS AND o DEVELOPMENT KLYDE DALLAS i a 11aij! t "LOCATED AT OUR ARTSzf DISTRICT, THIS IS OUR BEST RESOURCE FOR :a z VISITORS TO DISCOVER OUR CITY" 10M ANNUAL Chairman Dallas Tourism VISITORS AS A Improvement NATIONAL DESTINATION 41 DETROIT PARKS PARK CAMPUS MARTIUS . 04 a "A powerful asset is our parks, and their actively programmed spaces. These arks elevate ever p g p p Y ~ guest experience and draw people to stay where the parks are. Guests want to find culture, music, y 4 . food trucks, something memorable and local." III Andrew Leber, milk Shinola Hotel Courtyard Marriott MW s d• ,-. t , +ei.•Hasa • t _ �A aL '. HOTEL TESTIMONIALS (DETROITPARKS) Ah- "A park in walking distance fundamentally changes hotel , w r economics, it increases rates, drives bookings, inspires guests to stay - • =, longer, and gives them an experience where they are staying". `x Dean Stambules, Sage Hospitality, hotel operator �1 across the US 43 ti HOTEL TESTIMONIALS PARKS) The parks have been transformative F for our investment in Book Cadillac. � + These vibrant programmed spaces ` [ °' enable guests to step outside into a j - may dynamic place, and it's why they Ad r y+ A 'r i. extend stays and cbme back again ti and again". Matt Kalt, Oxford Capital Group, owner of Book Cadillac and hotel across the US t t •+ 44 . ,, RUDEE PARK FINANCIAL RESILIENCY ANNUAL REVENUE a -3 , 5 M Events, Programs, & Sponsorships Local Retail tie-in Rentals & Activation s� T FINANCIAL RESILIENCY ANNUAL EXPENSE $ 2m3M ( avg Operations & Programs Maintenance Capital Expense • - A t r• , o- � r ^ 6 - , y GOVERNANCE & CAPITAL CAMPAIGN x Governanceprogramming, MOO, and operations is what actuallymakes and keeps :. � A publicp s ace world class I 47 OPERATING ORGANIZATION LESS MORE EFFECTIVE EFFECTIVE 4k PRIVATE/ NON- PRIVATE/NON- PRIVATE CONTRIBUTING OPERATING HYBRID JOINT PROFIT PROFIT OWNERSHIP FRIENDS GROUP FRIENDS GROUP OPERATION MANAGEMENT MANAGEMENT MANAGEMENT & FUNDING & FUNDING l( FRIEND B RYAN T I --f� ' PARK I � I TYPICALLY NO I INDIVIDUAL OPERATING LICENSE TO LONG-TERM LEASE I PRIVATE OWNERSHIP, FORMAL AGREEMENTS FOR I OPERATE FROM REVENUE SHARE ON I AND I PRIVATE AGREEMENT I FACILITIES,EVENTS, I THE CITY. J EVENTS AND I MANAGEMENT I MANAGEMENT. WITH THE CITY. I AND CONCESSIONS. CONCESSIONS. AGREEMENT WITH THE CITY. - - - - - I- - - - - - i - - - - - ;- - - - - - - - - - - - -1 - - - - - I 48 V6 OPERATING ORGANIZATION MM w 'o, GOVERNING ENTITY, 501c3 (Typically a Conservancy or Foundation ) Oversight by BOARD OF DIRECTORS (City, Local Business,, Parks,, CVB,, Arts,, etc. ) Hire experienced CEO & Operations team CAPITAL CAMPAIGN $ 20M • Establish City liaison lead and fundraising team • Team comprised of national fundraising consultant and a local lead/local non-profit • Utilize national fundraising expert • Partner with local and/or existing 501c3 to receive t CREATE 16-18 MONTH STRATEGY 50 CAPITAL CAMPAIGN $ 20M As commitments are raised, draw down or pay back appropriated funds to the TI P. 51 0 Entry Plaza _ Q Community Lawn Q Nature Play 'r�►- Q Picnic Grove - Q Inlet Steps Shared Use Path �`�, y � .. "� _ ' •• � �' •mow 14 TA ©Sunset Lawn Q Inlet Overlook Q Park Pavilion . . � 0 Tidal Pool Water Plaza e , r.,s • The Wave ®Gateway DONOR MAP ® _ Terrace 1 Surf Overlook -- - - r •,' n © _ :. ti ® Oc ean Overlook Jetty Walk AN ir O K _ m Q B ,T ea Village . 1 , ^ SPONSORSHIPS AND PROGRAMS MOVIE NIGHT ILr ART IN THE PARK FARMERS MARKET WINTER VILLAGE . rj° CONCERT SERIES PERFORMANCES t' , YOGA, FITNESS NATURE EDUCATION GAME DAY SERIES AV - ' WATER TOURS, TAXI o , ,e}PJy' y *�34- CULTURAL EVENTS RECOMMENDED ACTIONS 1. MOVE FORWARD WITH SURFACE PARKING DESIGN/MOVE FORWARD WITH CONSTRUCTION DRAWINGS (12-18 months . y and $4M) 2. CIP APPROPRIATION IS $50M (approx. $2.5M spent to date). $43.5M REMAINS FOR CONSTRUCTION. ASSUME A $20M CAPITAL FUNDRAISING CAMPAIGN. r • TOTAL PROJECTED ESTIMATED COST TO THE CITY WILL BE $30M. $20M RETURNED TO TIP AS DONATIONS ARE REALIZED. A. 3. CREATE FUNDRAISING DEVELOPMENT TEAM WORKING CONCURRENT WITH DESIGN (18 MONTHS) 4. BEGIN CREATION OF GOVERNING ENTITY, 5016 54 THANK YOU QUESTIONS? VB� CITY of VIRGINIA BEACH 55 6 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77429 2:53 P.M. Council Member Jackson-Green advised last weekend he attended the EF Classic Showcase held at the Princess Anne Athletic Complex, explaining there were a lot ofpeople who traveled from various cities and states to participate. Council Member Jackson-Green suggested looking at how the program is organized for youth football and expressed his appreciation to all those who went and supported the event. August 19, 2025 7 CITY COUNCIL DISCUSSION/INITIATIVES I COMMENTS ITEM#77430 (Continued) Council Member Schulman referenced a Resolution that was emailed to the Body last week, indicating the School Board has determined the Bayside 6`" Grade Campus will not be needed for educational purposes and would like to transfer the land to the City to be used for park and passive recreational purposes with terms and conditions agreeable to both the City Council and School Board. Council Member Schulman advised last year he and Council Member Ross-Hammond participated with School Board Members and staff on an Ad Hoc Committee tasked with studying the land and developing recommendations which were recently adopted unanimously by the School Board. Council Member Schulman advised the School Board directed Superintendent Robertson to coordinate with City Manager Duhaney in order to move forward and asked City Manager Duhaney to provide the next steps. City Manager Duhaney advised he will meet with Superintendent Robertson to discuss the terms for the land transfer and will brief City Council during a Closed Session to see if the Body is agreeable to the proposed terms. City Manager Duhaney advised once the Body accepts the terms, a Public Hearing will be held and the item will be included in a future Agenda for City Council' action. Council Member Schulman expressed his appreciation to Council Member Ross-Hammond and the School Board Members who worked collaboratively to come together and believes this will have a good outcome for the community. Vice Mayor Wilson suggested when this comes before City Council for a vote, the members of the Aragona family should be recognized, as John Aragon donated the land to the Schools. August 19, 2025 8 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77431 (Continued) Vice Mayor Wilson advised e-bikes are causing a problem on the Boardwalk and around the Oceanfront as they are going very fast and weaving around vulnerable people and pets and is concerned someone will be hurt. Vice Mayor Wilson expressed her understanding of how busy Police Officers are but requested they enforce riders to use the bike path. Vice Mayor Wilson advised next week the Body will discuss the Legislative Package and she would like to include an item that will allow controls on motorized vehicles. Council Member Remick advised Staff developed a task force that is looking into e-bikes and working on recommendations to address the situation. City Manager Duhaney advised he will provide the Body a report to update them on the status of the task force and agreed that it is a good idea to include this in the Legislative Agenda. August 19, 2025 9 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77432 (Continued) Council Member Remick advised it was a busy weekend at the Resort but would like to take a minute to acknowledge a couple of significant events. Council Member Remick advised Brooke Johnson broke a world record when she rode her skateboard across the United States, ending here and jumping into the Atlantic Ocean at Rudee Park. Council Member Remick further advised, the Wave Park opened over the weekend and congratulated Venture Waves, LLC who is the developer of Atlantic Park which is a public private partnership. Council Member Remick expressed his appreciation to the Planning Department and specific staff leadership;Kathy Warren, Emily Archer and Amanda Jarratt for all of their work to get the Wave Park opened. August 19, 2025 10 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77433 (Continued) Council Member Ross-Hammond reminded the viewing public that 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 19, 2025 11 AGENDA REVIEW SESSION ITEM#77434 3:02 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES: 1. Ordinance to AMEND the City Code re change the polling location for Precinct 0093 to Good Samaritan Episcopal Church at 848 Baker Road (Requested by the Virginia Beach Electoral Board) 2. Ordinance to AMEND the terms of the Conveyance of Excess City property at 2656 Lishelle Place to the Virginia Beach Development Authority and AUTHORIZE execution of the Lease and Option Agreement with ViDarr, Inc. 3. Ordinance to APPROVE Modifications to the Summary of Terms to the acquisition of structured parking at 35th Street and AUTHORIZE the TRANSFER $13,350,000 from Capital Project (#100059) "Resort Parking District"re purchase of 200 parking spaces in the proposed garage 4. Ordinance to AMEND Appendix F of the City Code re Chesapeake Bay Preservation Area Ordinance August 19, 2025 12 AGENDA REVIEW SESSION ITEM#77434 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING: 1. FOOD BANK OF SOUTHEASTERN VIRGINIA&EASTERNSHORE,INC.for a Conditional Change of Zoning from AG-1 & AG-2 Agriculture Districts to Conditional I-1 Light Industrial District re develop a warehouse/distribution center for the Foodbank at 3325 Dam Neck Road, Parcel Directly Southwest of 3325 Dam Neck Road& 3357 Dam Neck Road DISTRICT 2 2. YPB, LLC for a Conditional Change o Zonin from OR Oceanfront Resort District, A-12, A-24 and A-36 Apartment Districts to Conditional A-24 Apartment District re demolishing existing multi family buildings, vacate interior property lines, and construct a 20-unit multi family condominium development at 309, 311, 313, 315, 317, and 319 34`"Street DISTRICT 6 3. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION/CITY OF VIRGINIA BEACHfor a Conditional Change ofZoninQ from B-2 Community Business District to Conditional B-4 Mixed Use District re develop sixty(60) residential units and small office space at the parcel northwest of 3792 Princess Anne Road DISTRICT 10 4. BRADLEY& NETTIE KAIN for a Conditional Use Permit re residential kennel at 405 Kings Point Court DISTRICT 3 5. GEORGE LOIZOU/232 JERSEY, LLC for a Conditional Use Permit re bulk storage yard at 5033 Admiral Wright Road DISTRICT 4 K. PLANNING: ITEM#I WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED FOR DEFERRAL TO OCTOBER 21, 2025 August 19, 2025 13 ITEM#77435 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 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). • Opioid Mass Tort Litigation PUBLICLY-HELD PROPERTY:Discussion or consideration of the acquisition of real property for public purpose;or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3 711(A)(3). • District 6 • District 6 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) • SPSA Use& Support Agreement • J&A Racing SECURITY MATTERS:Discussion of plans to protect public safety as it relates to terrorist activity or specific security threats or vulnerabilities and briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety; discussion of information excluded from this chapter pursuant to subdivision 3 or 4 of Section 2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program; or discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or structure pursuant to Section 2.2-3 711(A)(19). • City Council Security Briefing August 19, 2025 14 ITEM#77435 (Continued) 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 19, 2025 15 ITEM#77435 (Continued) Upon motion by Council Member Berlucchi, seconded by Council Member Jackson-Green, City Council voted to proceed into CLOSED SESSION at 3:09 P.M. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None Break 3:10 P.M. — 3:21 P.M. Closed Session 3:21 P.M. — 5:58 P.M. August 19, 2025 16 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 19, 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 19, 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: Chaplain Keith E. Burke Virginia Beach Police Department, I"Precinct MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`"Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. August 19, 2025 17 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 19, 2025 18 VF CERTIFICATION ITEM#77436 Upon motion Council Member Rouse, seconded by Council Member Remick, 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 E "Joash" Schulman and Rosemary Wilson Council Members Absent: None August 19, 2025 G�N1A•BEq vti4 ' c�L O4 U 7- i ? o i? J Op OVR NAl1Q MS 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#77435 on Page 15 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. Am d An"es, MMC City erk August 19, 2025 19 ITEM— V.G.1 MAYOR'S PRESENTATION ITEM#77437 RESOL UTIONINRECOGNITION DEPUTY FIRE CHIEF RICHARD VANCE COOPER,III On behalf of City Council, Council Member Hutcheson welcomed Deputy Fire Chief Vance Cooper,III and read the Resolution recognizing Chief Cooper for 35 years of distinguished service to the City of Virginia Beach,beginning as a firefighter in 1990 and rising through the ranks to Deputy Fire Chief Chief Cooper's leadership extended beyond the City through his work with FEMA's Urban Search and Rescue Team VA- TF2, where he played key roles in national and international deployments, and through his presidency of the Virginia Fire Chiefs Association, where he advanced advocacy, transparency, and workforce stability. Chief Cooper is a respected leader with integrity, vision, and dedication to public safety who championed firefighter health, safety, and preparedness, secured critical infrastructure funding, and provided steady leadership during emergencies. City Council recognizes his legacy of excellence, resilience, and service, and expressed their deep gratitude for his lasting impact on the Virginia Beach Fire Department, the broader public safety community, and the citizens he served. Deputy Fire Chief Cooper expressed his appreciation to City Council, his family,friends and co-workers for this recognition and their support and gave them credit for the accolades written in the Resolution, advising he did not do it alone. Chief Cooper advised he would do it all over again, explaining the Fire Department means so much to him as it contributed to his enormous growth as a person and professional. Chief Cooper advised he is lookingforward to retirement and spending time with his family and emphasized his appreciation as he is truly honored. August 19, 2025 �.04 U L,s : 8 Gr OUR NRr/' RFSOL UTTON WHEREAS:Richard Vance Cooper,III,is a lifelong resident of Virginia Beach who began his distinguished career in public service as a firefighter with the City of Virginia Beach on July 16,1990;and WHEREAS:Vance rose steadily through the ranks of the Virginia Beach Fire Department,serving as Captain(2000-2003),Battalion Chief (2003-2007),and District Chief(2007-2016).On June 7,2016,he was promoted to Deputy Fire Chief,a position he held with distinction for the past nine years;and WHEREAS:Vance joined the Federal Emergency Management Association(FEMA)Urban Search and Rescue Team VA-TF2 in 1994 as one of its first HazMat specialists and its inaugural program manager.He grew the program and set a high standard for excellence and has served as the Sponsoring Agency Task Force Representative since 2011.Vance deployed globally with VA-TF2 and served as Program Manager from 2005 to 2007.His deployments included the 2002 Salt Lake City Winter Olympics,Hurricanes Frances and Ivan(2004),Hurricane Katrina(2005), Tropical Storm Omar(2008),and Hurricane Joaquin(2015),among others;and WHEREAS.Vance has served on the Board of the Virginia Fire Chiefs Association(VFCA)since 2018.On February 21,2024,he was sworn in as President of the VFCA for a one-year term.During his tenure,he significantly elevated the VFCA's role as the trusted voice for Virginia's fire and emergency medical services,leading legislative advocacy efforu,securing critical funding,and implementing key reforms in transparency, strategic planning,and governance.He also strengthened Emergency Medical Services(EMS)policy,workforce stability,and expanded leadership development and member engagement initiatives.He now serves as Past President;and WHEREAS: Vance achieved mtmerouc educational milestones,earning a bachelor's degree in Fire Administration from Hampton University and a master's degree in public administration from Old Dominion University.He is a graduate of the National Fire Academy's Executive Fire Officer Program and holds Chief Fire Officer accreditation He furthered his leadership education at Harvard's Kennedy School of Government,the West Point School of Leadership,and the Hampton Roads Chamber LEAD program(Class of 2013);and WHEREAS: Vance recognized that the mission offire service is one part of a broader public safety ecosystem.He valued the collaboration of all professionals--regardless of uniform or title—working together to safeguard city staff,residents,and visitors;and WHEREAS:Known for his unwavering integrity and strong moral compass, Vance earned the deep respect of city employees,residents,and every member of the Virginia Beach Fire Department.Through his visionary leadership and profound institutional knowledge,he helped transform the VBFD into a model of excellence and resilience,inspiring others to reach their highest potential;and R HEREAS:As a key steward of the Fire Department's budget, Vance built strong interagency relationships and was instrumental in securing the inclusion of Burton Station Fire&EMS Station 22 in the City's Burton Station SGA Master Plan.His efforts helped navigate complex property issues and secured critical funding through the CIP process for tens of millions of dollars in much-needed apparatus and infrastructure;and WHEREAS:Vance provided steady leadership during countless Emergency Operations Center activations and emergency weather briefings, guiding teams with a calm,decisive,and empathetic approach;and WHEREAS:While Virginia Beach remains one of the safest and most desirable places to live, Vance never lost sight of the unpredictable dangers that public safety professionals face.He worked diligently to ensure personnel were well-trained,well-equipped,and ready to respond to the most complex and hazardous incidents;and WHEREAS:Vance was a tireless advocate for responder safety,advancing initiatives including securing a second set of turn-out gear for the health and wellbeing offirefrghters,improved healthcare access,cancer screening programs,and safety measures to protect firefighters at all levels;and WHEREAS:As he transitions into a new chapter as a private citizen, Vance leaves behind a powerful legacy.He will be remembered not only by public safety leadership but also by frontline personnel firefighters,officers,deputies,dispatchers,EMTs,forensic technicians,emergency managers,and others—who saw in him a leader who never forgot what it means to serve at the entry level;and NOW,THEREFORE,BE IT RESOLVED:That on this day,Tuesday,August 19,2025,the Virginia Beach City Council honors a public servant whose leadership,dedication,and integrity have profoundly impacted the City of Virginia Beach.As Richard Vance Cooper,III,begins his next chapter,he does so with the enduring respect and gratitude of this Council,our citizens,and the public safety community he so faithfully served for 35 years. Given by the Council of the City of Virginia Beach, Virginia the 19'day of August 2025 and present this Resolution duly signed by each Member o, the Virgiinni�a/Beach City Council. Council Member Michael F.Berlucche Comber lacy ings oC until Member Barbara .H iley �- r A.C��N• Wes" t '1 O� M CouMf It ember David Hutcheson Council Member l"Cash"1 ckson-Green Council Member Robert W. "Worth"Remick Council Member Dr.Amelia Ross-Hammond o icil Member Jennifer V.Rouse Council Member Joashua F.Schulman a Vice Mayor Rosema 1 i son Mayor Robert M. 'Bobby Dyer 20 ITEM— V.G.2 MAYOR'S PRESENTATION ITEM#77438 RECOGNITION OF QUEEN NEPTUNE'S 51-ROYAL COURT On behalf of City Council, Council Member Cummings welcomed Kit Chope,President and CEO—Neptune Festival. Mr. Chope expressed his appreciation to City Council for their continued support and introduced Celebration Chairs, George and Christen Faatz and the first Queen Neptune Royal Court: Buffy Barefoot and the Royal Court: QUEEN NEPTUNE LI Buffy Barefoot and Gentleman Jason 2025 PRINCE AND PRINCESSES Princess Maren Baxley Princess Londyn Coleman Princess Beverly Cuffee Princess Grace Curran Princess Carson Gaddy Prince Aditya Jain Princess Vedha Nuthi Princess Hattie Novario Princess Lily Rouse Princess Sadie Ruane Princess Sami Sager Princess Aubrey Swain 2025 TRITONS Triton Dave Bellis and Lady Kelly Triton Bart Dexter and Lady Amanda Triton Melinda Hancock and Gentleman Jason Triton Dan Heatwole and Lady Lindsey Triton Jason Kies and Lady Lauren Triton Tim Paice and Lady Jennifer Triton Jack Stiffler and Lady Austin Triton Anthony Walters and Lady Tasha Mrs. Barefoot expressed her appreciation to City Council for their continued support, advising she is honored to serve on the Neptune Court with those joining her tonight, who are amazing people and great leaders in the City and Hampton Roads. Mrs. Barefoot advised she is looking forward to a wonderful Boardwalk weekend at the end of September and invited all to attend. August 19, 2025 21 ITEM— V.H.1 PUBLIC HEARINGS ITEM#77439 Mayor Dyer DECLARED a PUBLIC HEARING: TRANSPORTATIONALTERNATIVES SET-ASIDE PROGRAM Application to VDOT— Community Improvements, Pedestrian and Signal Enhancements There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING August 19, 2025 22 ITEM— V.H.2 PUBLIC HEARINGS ITEM#77440 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY Approximately 0.327 acres of real property at 333 Laskin Road The following registered to speak.- Wayne Jones, 329 Laskin Road, Phone: 428-2901, spoke in OPPOSITION Patricia Abernathy, 324 Discovery Road, Phone: 615-0143, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING August 19, 2025 23 ITEM— V.I FORMAL SESSION AGENDA ITEM#77441 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: Channing Tuttle, 821 Raymond Court, Phone: 202-0251, spoke in OPPOSITION of Planning Item K2 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT,Agenda Items Ordinances J. 1, 2, 3 and 4 and Planning Items K. 2, 4(DEFERRED TO OCTOBER 21, 2025) and 5 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None K. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY August 19, 2025 24 ITEM— V.J.1 ORDINANCES ITEM#77442 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code re change the polling location for Precinct 0093 to Good Samaritan Episcopal Church at 848 Baker Road(Requested by the Virginia Beach Electoral Board) 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 19, 2025 1 AN ORDINANCE TO AMEND THE CITY CODE TO 2 CHANGE THE POLLING LOCATION FOR PRECINCT 3 0093 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA- 9 10 Section 10-1 of the City Code is hereby amended and reordained to read as 11 follows.. 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their respective 16 polling places, as set forth below: 17 18 Precinct Polling Place 19 0001 Galilee Episcopal Church 20 3928 Pacific Avenue 23451 21 0002 Museum of Contemporary Art 22 2200 Parks Avenue 23451 23 0003 Ocean Lakes Elementary 24 1616 Upton Drive 23454 25 0004 Virginia Beach Community Chapel 26 1261 Laskin Road 23451 27 0005 Mount Olive Baptist Church 28 310 N. Birdneck Road 23451 29 0006 Alanton Elementary School 30 1441 Stephens Road 23454 31 0007 King's Grant Presbyterian Church 32 745 Little Neck Road 23452 33 0008 London Bridge Baptist Church 34 2460 Potters Road 23454 35 0009 Trantwood Elementary School 36 2344 Inlynnview Road 23454 37 0010 All Saints' Episcopal Church 38 1969 Woodside Lane 23454 39 0011 Edgar Cayce's Association for Research 40 and Enlightenment 41 215 67th Street 23451 42 0012 Lynnhaven Elementary School 43 210 Dillon Drive 23452 44 0013 Windsor Woods Elementary School 45 233 Presidential Boulevard 23452 1 46 0014 Malibu Elementary School 47 3632 Edinburgh Drive 23452 48 0015 Calvary Baptist Church 49 4832 Haygood Road 23455 50 0016 Old Donation School 51 4633 Honeygrove Road 52 0017 The Louis R. Jones Bayside Recreation Center 53 4500 First Court Road 23455 54 0018 Independence Middle School 55 1370 Dunstan Lane 23455 56 0019 Bayside Church of Christ 57 5025 Shell Road 23455 58 0020 Bayside Elementary School 59 5649 Bayside Road 23455 60 0021 Bettie F. Williams Elementary School 61 892 Newtown Road 23462 62 0022 Point O' View Elementary School 63 5400 Parliament Drive 23462 64 0023 Arrowhead Elementary School 65 5549 Susquehanna Drive 23462 66 0024 St. Andrews United Methodist Church 67 717 Tucson Road 23462 68 0025 Fairfield Elementary School 69 5428 Providence Rd. 23464 70 0026 Kempsville Presbyterian Church 71 805 Kempsville Road 23464 72 0027 Kempsville Middle School 73 860 Churchill Drive 23464 74 0028 Thalia Elementary School 75 421 Thalia Road 23452 76 0029 Holland Elementary School 77 3340 Holland Road 23452 78 0030 Seatack Elementary School 79 912 S. Birdneck Road 23451 80 0031 Red Mill Elementary School 81 1860 Sandbridge Road 23456 82 0032 Oak Grove Baptist Church 83 691 Princess Anne Road 23457 84 0033 Back Bay Christian Assembly 85 1212 Princess Anne Road 23457 86 0034 Blackwater Fire Station 87 6009 Blackwater Road 23457 88 0035 Kellam High School 89 2665 West Neck Road 23456 90 0036 Red Church Steeple 2 91 245 S. Rosemont Rd 23452 92 0037 Bayside Baptist Church 93 1920 Pleasure House Road 23455 94 0038 Bayside Presbyterian Church 95 1400 Ewell Road 23455 96 0039 Pembroke Elementary School 97 4622 Jericho Road 23462 98 0040 Union Baptist Church 99 4608 South Boulevard 23452 100 0041 College Park Elementary School 101 1110 Bennington Road 23464 102 0042 Brandon Middle School 103 1700 Pope Street 23464 104 0043 Salem Middle School 105 2380 Lynnhaven Parkway 23464 106 0044 Centerville Elementary School 107 2201 Centerville Turnpike 23464 108 0045 White Oaks Elementary School 109 960 Windsor Oaks Boulevard 23462 110 0046 Green Run Elementary School 111 1200 Green Garden Circle 23453 112 0047 King's Grant Elementary School 113 612 N Lynnhaven Road 23452 114 0048 WAVE Church 115 1000 N. Great Neck Road 23454 116 0049 John B. Dey Elementary School 117 1900 N. Great Neck Rd. 23454 118 0050 The Gathering at Scott Memorial 119 United Methodist Church 120 409 First Colonial Road 23454 121 0051 Kempsville Area Library 122 832 Kempsville Road 23464 123 0052 Providence Presbyterian Church 124 5497 Providence Road 23464 125 0053 Kempsville Elementary School 126 570 Kempsville Road 23464 127 0054 Landstown High School 128 2001 Concert Drive 23456 129 0055 Virginia Beach Moose Family Center 130 3133 Shipps Corner Road 23453 131 0056 St. Aidan's Episcopal Church 132 3201 Edinburgh Drive 23452 133 0057 St. Matthew Catholic Church 134 3314 Sandra Lane 23464 135 0058 Glenwood Elementary School 3 136 2213 Round Hill Drive 23464 137 0059 Shelton Park Elementary School 138 1700 Shelton Road 23455 139 0060 WAVE Church 140 2655 Seaboard Road 23456 141 0061 Ebenezer Baptist Church 142 965 Baker Road 23455 143 0062 Restoration Church at Landstown 144 3220 Monet Drive 23453 145 0063 Ocean Lakes High School 146 885 Schumann Drive 23454 147 0064 Rosemont Forest Elementary School 148 1716 Grey Friars Chase 23456 149 0065 Colonial Baptist Church 150 2221 Centerville Turnpike 23464 151 0066 Princess Anne Recreation Center 152 1400 Nimmo Parkway 23456 153 0067 Eastern Shore Chapel 154 2020 Laskin Road 23454 155 0068 Providence Elementary School 156 4968 Providence Road 23464 157 0069 Unity Church of Tidewater 158 5580 Shell Road 23455 159 0070 Corporate Landing Middle School 160 1597 Corporate Landing Parkway 23454 161 0071 Salem High School 162 1993 Sun Devil Drive 23464 163 0072 W. T. Cooke Elementary School 164 1501 Mediterranean Avenue 23451 165 0073 Green Run High School 166 1700 Dahlia Drive 23453 167 0074 Rosemont Elementary School 168 1257 Rosemont Rd. 23453 169 0075 Lynnhaven Colony Congregational Church 170 2217 W. Great Neck Road 23451 171 0076 Thalia Lynn Baptist Church 172 4392 Virginia Beach Boulevard 23462 173 0077 Plaza Annex 174 641 Carriage Hill Rd 23452 175 0078 Indian Lakes Elementary School 176 1240 Homestead Drive 23464 177 0079 Emmanuel Episcopal Church 178 5181 Singleton Way 23462 179 0080 Kingdom Cathedral 180 3820 Stoneshore Road 23452 4 181 0081 Salem Elementary School 182 3961 Salem Lakes Boulevard 23456 183 0082 Christopher Farms Elementary School 184 2828 Pleasant Acres Drive 23453 185 0083 Strawbridge Elementary School 186 2553 Strawbridge Road 23456 187 0084 Tallwood Elementary School 188 2025 Kempsville Road 23464 189 0085 Three Oaks Elementary School 190 2201 Elson Green Avenue 23456 191 0086 Haygood United Methodist Church 192 4713 Haygood Road 23455 193 0087 New Castle Elementary School 194 4136 Dam Neck Road 23456 195 0088 Hope Haven 196 3000 North Landing Road 23456 197 0089 New Covenant Presbyterian Church 198 1552 Kempsville Road 23464 199 0090 Morning Star Baptist Church 200 4780 First Court Road 23455 201 0091 Larkspur Middle School 202 4696 Princess Anne Road 23462 203 0092 Lynnhaven United Methodist Church 204 1033 Little Neck Road 23452 205 0093 F=nGGh Baptist GhU FGh Gamily Life GeRter 206 207 Good Samaritan Episcopal Church 208 848 Baker Road 209 0094 Plaza Middle School 210 3080 S. Lynnhaven Road 23452 211 0095 Corporate Landing Elementary School 212 1590 Corporate Landing Parkway 23454 213 0096 Freedom Fellowship 214 836 Regency Drive 23454 215 0097 San Lorenzo Spiritual Center 216 4556 Indian River Rd. 23456 217 0098 Windsor Oaks Elementary School 218 3800 Van Buren Drive 23452 219 0099 Parkway Elementary School 220 4180 O'Hare Drive 23456 221 0100 Tabernacle United Methodist Church 222 1265 Sandbridge Rd. 23456 223 0101 Luxford Elementary School 224 4808 Haygood Road 23455 225 0102 Diamond Springs Elementary School 5 226 5225 Learning Circle 23462 227 0103 Kempsville Meadows Elementary School 228 736 Edwin Drive 23462 229 0104 Woodstock Elementary School 230 6016 Providence Road 23464 231 0105 Pembroke Meadows Elementary School 232 820 Cathedral Drive 23455 233 0106 Thalia United Methodist Church 234 4321 Virginia Beach Boulevard 23452 235 0107 Linkhorn Park Elementary School 236 977 First Colonial Road 23454 237 0108 The Gala 417 238 2105 W. Great Neck Road 23451 239 Central Absentee Voter Agriculture/Voter Registrar Building 240 Precinct 241 242 Notwithstanding the preGedffiRg, r,--the u„2024 primapi and n eyernber 243 244 MURiGipal Centel;, whiGh has a street addFess ef 2473 Nerth Landing Read. The Building 245 14 IGGation, whiGh is kRGWR as the AgFOGUItWe/Votel: Registrar Building, shall Fernain open 246 247 date of eleGtien 248 249 In the event of a name change to any of the above polling locations, the street 250 address shall be sufficient identification of such facility until such time as there is need to 251 amend this section to effect a geographical change to one of the polling locations. 252 253 2. The Director of Elections (Voter Registrar) is hereby directed to seek a certification 254 of no objection from the Office of the Attorney General using the preclearance 255 procedure provided by Virginia Code § 24.2-129(D) for the precinct change 256 authorized herein. The precinct change shall not be administered unless and until 257 the Attorney General has provided such certification or if 60 days lapses without 258 the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19th day of August , 2025. APPROVED AS T� CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: oter Registrar i y Att rney's Office CA16933 R-1 July 29, 2025 6 25 ITEM— V.J.2 ORDINANCES ITEM#77443 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the terms of the Conveyance of Excess City property at 2656 Lishelle Place to the Virginia Beach Development Authority and AUTHORIZE execution of the Lease and Option Agreement with VtDarr,Inc. 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 19, 2025 1 AN ORDINANCE 1) AMENDING THE TERMS OF 2 THE SALE OF PROPERTY LOCATED AT 2656 3 LISHELLE PLACE TO THE CITY OF VIRGINIA 4 BEACH DEVELOPMENT AUTHORITY AND 2) 5 AUTHORIZING EXECUTION OF THE LEASE AND 6 OPTION AGREEMENT WITH VIDARR, INC. 7 s WHEREAS, the City of Virginia Beach (the "City") owned property located at 2656 9 Lishelle Place (GPIN: 1496-54-4149) (the "Property); 10 11 WHEREAS, on January 7, 2025, by Ordinance ORD-3791 P (the "Ordinance"), City 12 Council declared the Property in excess of the City's needs and authorized the 13 conveyance of the Property to the City of Virginia Beach Development Authority 14 ("Authority") to facilitate the marketing and negotiation aspects of the potential sale and 15 redevelopment of the Property; 16 17 WHEREAS, the Property was conveyed by the City to the Authority, and on 18 February 11, 2025, the Authority adopted a Resolution (the "Resolution") authorizing, 19 among other things, the sale of the Property to ViDarr, Inc., a New Hampshire corporation 20 ("ViDarr"); 21 22 WHEREAS, ViDarr intends to expand its business into the Commonwealth of 23 Virginia at the Property with a use that is consistent with the uses allowed in APZ-1; 24 25 WHEREAS, the Authority and the ViDarr entered into a Purchase Agreement 26 dated May 15, 2025 (the "Purchase Agreement"); 27 28 WHEREAS, the Ordinance, the Resolution and the Purchase Agreement 29 contained certain terms and conditions, including a deadline for ViDarr to close and 3 o acquire the Property of no later than September 17, 2025; 31 32 WHEREAS, ViDarr has requested an extension of time to close and acquire the 33 Property until pending personal civil legal matters are resolved; 34 35 WHEREAS, ViDarr has further requested that in the interim, it be allowed to lease 36 the Property for up to two years, with lease payments being credited to the purchase 37 price, on the terms and conditions set forth in the Summary of Terms, attached hereto as 38 Exhibit A; 39 40 WHEREAS, on August 12, 2025, the Authority voted to approve ViDarr's request 41 to enter into a lease and option agreement, subject to City Council's approval of same; 42 and 43 44 WHEREAS, City Council is of the opinion that amending the terms of the Authority 45 Resolution and authorizing a Lease and Option Agreement would produce the results 46 anticipated by the Authority Resolution and would be consistent with the goals of the 47 Authority and the City. 48 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA, 50 51 1. That the City Manager, or his designee, is hereby approves the amended 52 terms of the conveyance of the Property to the Authority, and the subsequent lease and 53 sale to ViDarr, so long as the documents are in substantial conformity with the 54 Summary of Terms, attached hereto as Exhibit A, and made a part hereof, and such 55 terms, conditions and modifications as may be acceptable to the City Manager and in a 56 form deemed satisfactory by the City Attorney. 57 58 2. Except for the amended terms and conditions contemplated herein, all 59 other terms and conditions of the Ordinance adopted January 7, 2025 remain 60 unchanged and in full force and effect. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th 63 day of August , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Economic Development CA16741 \\vbgov corn\dfsl\applications\citylaw\cycom32\wpdocs\d004\p050\01064613 docx R-1 B/5/2025 2 EXHIBIT A (Summary of Terms for Lease and Option) LESSOR: City of Virginia Beach Development Authority(the"Authority") LESSEE: ViDarr,Inc.,a New Hampshire corporation,or related entity. PREMISES: 2656 Lishelle Place,Virginia Beach,VA 23452(GPIN: 1496-54-4149) TERM: Two(2)Years RENT: Twelve Thousand and 00/100 Dollars($12,000.00)per month USE: The Lessee shall use the Premises for office,warehouse,distribution and light manufacturing, and for no other purposes without Lessor's prior written consent. OPTION: Grant of Option. Authority grants to Lessee the sole and exclusive option to acquire the Premises, together with any and all improvements thereon, all rights,ways and appurtenances thereunto belonging,Lessee shall have two(2) years from the Commencement Date to exercise its option to acquire the Premises(the"Option Period"). Option Consideration. If Lessee exercises the Option and acquires the Premises, all Rent paid pursuant to the Lease and Option shall be credited against the Purchase Price. If Lessee does not timely exercise the Option or otherwise fails to acquire the Premises as set forth in the Purchase Agreement, the Authority will retain all Rent paid. Exercise of Option. The exercise of the Option by the Lessee shall occur by written notice to the Authority,pursuant to the terms set forth in the Lease and Option. If the Lessee does not exercise the Option by the end of the Option Period, the Option shall be deemed null, void, and of no effect, unless the parties have otherwise agreed in writing to extend the Option Period. INSURANCE: Lessee shall maintain general liability insurance with minimum limits of $1,000,000,and name the Lessor as additional insured. UTILITIES: Lessee shall pay all charges made against the Premises for all utilities serving the Premises during the Term. TAXES: Lessee shall pay all real property taxes(if any), assessments, impositions, and any other claims or charges accruing on and after the Commencement Date, including personal property taxes and leasehold taxes pursuant to Virginia Code Section 58.1-3203,or any successor statute. SPECIAL TERMS: Authority to return Premises to the City if closing on Option does not occur within two years of date of Lease. 26 ITEM— VJ.3 ORDINANCES ITEM#77444 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to APPROVE Modifications to the Summary of Terms to the acquisition of structured parking at 35th Street and AUTHORIZE the TRANSFER $13,350,000 from Capital Project (#100059) "Resort Parking District"re purchase of 200 parking spaces in the proposed garage 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 19, 2025 1 ORDINANCE 1) APPROVING MODIFICATIONS TO THE 2 SUMMARY OF TERMS RELATING TO THE ACQUISITION 3 OF STRUCTURED PARKING AT 35TH STREET AND 2) 4 AUTHORIZING THE TRANSFER OF FUNDING FROM 5 CAPITAL PROJECT (#100059) "RESORT PARKING 6 DISTRICT' IN THE AMOUNT OF $13,350,000 7 8 WHEREAS, providing public parking at the Oceanfront has been a long-term goal 9 of the City of Virginia Beach (the "City"); 10 11 WHEREAS, City Council established Capital Project (PG100059) "Resort 12 Parking District" to provide funding for public parking opportunities at the Oceanfront; 13 14 WHEREAS, Suburban Capital, Inc. (the "Developer") or an affiliated entity, is 15 developing a Hyatt Place Hotel at 3601 Atlantic Avenue (the "Hotel") on the site of the 16 former Belvedere Hotel; 17 18 WHEREAS, to satisfy the parking requirement for the Hotel, the Developer 19 intended to construct a parking facility (the "Garage") containing approximately one 20 hundred forty-eight (148) private parking spaces on the existing surface parking lot at 21 205 35th Street; 22 23 WHEREAS, the Developer and the City negotiated the terms by which the 24 Developer would expand the Garage to provide public parking in addition to the spaces 25 to be used by the Hotel; 26 27 WHEREAS, the Developer has agreed to increase the size of the Garage to a 28 total of 348+/- spaces, which would provide 148 private spaces for the Hotel and 200 29 public parking spaces; 30 31 WHEREAS, on December 14, 2021, by Ordinance ORD-3682K (the "2021 32 Ordinance"), City Council authorized the provision of $7,000,000 from Capital Project 33 #100059 to the City of Virginia Beach Development Authority (the "Authority") for the 34 purchase of 200 parking spaced in the proposed Garage, so long as the terms and 35 conditions of the acquisition were in accordance with the summary of terms ("Original 36 Summary of Terms") attached to the 2021 Ordinance; 37 38 WHEREAS, Since the approval of the 2021 Ordinance, the Developer and City 39 have continued to refine plans for the Project to reflect changing market and financial 40 conditions; 41 42 WHEREAS, staff and the Developer have drafted a revised Summary of Terms 43 reflecting the final terms for the Project (the "Amended Summary of Terms"); 44 45 WHEREAS, under the Amended Summary of Terms, the Developer will contribute 46 the land as its share of Garage costs, while retaining responsibility for design and 47 construction; 48 WHEREAS, a blacklined comparison showing all the changes from the Original 49 Summary of Terns to the Amended Summary of Terms is attached hereto as Exhibit A, 50 along with a clean copy of the Amended Summary of Terns, attached hereto as Exhibit 51 B; and 52 53 WHEREAS, City Council is of the opinion that additional public parking at the 54 oceanfront on the terms and conditions set forth in Amended Summary of Terms is in 55 furtherance of the public interest. 56 57 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 58 VIRGINIA BEACH, VIRGINIA: 59 60 1. That City Council hereby approves the Amended Summary of Terms, a 61 copy of which is attached hereto as Exhibit B, and made a part hereof. 62 63 2. That City Council hereby authorizes the provision of an additional 64 $6,350,000 for a total of$13,350,000 frorn the existing appropriated funds within Capital 65 Project 11100059 to the Authority for the purchase of 200 parking spaces in the 66 proposed Garage. 67 68 3. That City Council directs that should any such amounts not be required for 69 the Garage, the Authority shall return such funds to the City for the purposes of Capital 70 Project#100059. 71 72 4. That City Council requests and recommends that the Authority adopt a 73 Resolution consistent with this Ordinance approving the Amended Summary of Terms 74 and authorizing execution of definitive project documents. 75 76 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19thday 77 of August 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 10faWKql`iarkf(,'0MMUnity Development City Attorney CA16734 Nvbgov.ccmWls 1\applicaUonskitylaw\cycom321wpdDcs%d0181p052101055588.doc June 26, 2025 R-1 i EXHIBIT A AMENDED SUMMARY OF TERMS (COMPARE TO ORIGINAL SUMMARY OF TERMS) (35t' Street Parking Garage) 1. Scope of Proposed Proiect • Developer: Suburban Capital, Inc. (or an affiliated entity) • Public Entity: theThe City of Virginia Beach Development Authority ("Authority") • Developer acquired property located at 205 35th Street in 2017 for$3,500,000. • Developer to construct a six-level, 3-54348+/- space parking structure at 205 350' Street(block between Atlantic and Pacific Avenues) • Garage to support a new 140-room Hyatt Place at 3601 Atlantic Avenue • Garage to consist of 434148 privately owned spaces for hotel guests and employees (140 spaces are required under OR zoning) and 200 publicly owned spaces • Garage to be a two-unit condominium with one unit (200 spaces) owned by Authority and the other(4-54148 spaces) will be privately owned • Cross access easement to be established allowing open parking throughout the garage. • TweOption for two additional condominium units on the first floor with the Authority owning an approximately 2,200 square-feetsq. ft. unit to be conditioned and lit (the "Parking Office Unit") and the Developer retaining the other of approximately ' squafe f et ,600 sq. ft. to initially be a cold dark shell until a user is identified. 2. Developer Obligations • Developer would construct the entire project(hotel and garage) • Developer to contribute land for Garage($3,500,000) • Estimated private investment: $ mi4io $17,000,000 for hotel and $-$3,500,000 land value for garage 3. Authority Obligations • Pay actual costs up to $33,8W12,350,000 ($35,488.50 per pang—space ($6,760,000 total if 200 ) • Pay up to $1,000,000 for undergrounding of utilities and carry costs associated with construction loan * $23,,pn00-peF space-for design and cc eenstrnron * $9,900 per-sjpaee for-share of land Best • Authority to make monthly payments of actual costs during development • Operate entire garage as part of parking system • The cost of the Parking Office Unit is included in the$33,800 per_space cost. 4. Garage Operations • Spaces would not deh*eateddelineate between private and public(open to all) • Technology used to insure adequate parking for the hotel's private use at all times • Operations and maintenance (O & M) split proportionately based on ownership (fib-City 57%/Developer 43% +/-)plus a$75 per space annual contribution for capital maintenance and reserve. Pr-ivate O&M eests eapped-at-$ • Garage managed to standard of other public Oceanfront garages and managed to budget based on above private cap: EXHIBIT B AMENDED SUMMARY OF TERMS (35t1 Street Parking Garage) 1. Scope of Proposed Proiect • Developer: Suburban Capital, Inc. (or an affiliated entity) • Public Entity: The City of Virginia Beach Development Authority("Authority") • Developer acquired property located at 205 35t' Street in 2017 for$3,500,000. • Developer to construct a six-level, 348+/- space parking structure at 205 35t' Street(block between Atlantic and Pacific Avenues) • Garage to support a new 140-room Hyatt Place at 3601 Atlantic Avenue • Garage to consist of 148 privately owned spaces for hotel guests and employees (140 spaces are required under OR zoning) and 200 publicly owned spaces • Garage to be a two-unit condominium with one unit (200 spaces) owned by Authority and the other(148 spaces) will be privately owned • Cross access easement to be established allowing open parking throughout the garage • Option for two additional condominium units on the first floor with the Authority owning an approximately 2,200 sq. ft. unit to be conditioned and lit(the "Parking Office Unit") and the Developer retaining the other of approximately 4,600 sq. ft. to initially be a cold dark shell until a user is identified 2. Developer Oblisations • Developer would construct the entire project(hotel and garage) • Developer to contribute land for Garage($3,500,000) • Estimated private investment: $17,000,000 for hotel and $3,500,000 land value for garage 3. Authority Obligations • Pay actual costs up to $12,350,000 ($35,488.50 per space) • Pay up to $1,000,000 for undergrounding of utilities and carry costs associated with construction loan • Authority to make monthly payments of actual costs during development • Operate entire garage as part of parking system • The cost of the Parking Office Unit is included in the per space cost 4. Garage Operations • Spaces would not delineate between private and public(open to all) • Technology used to insure adequate parking for the hotel's private use at all times • Operations and maintenance (O & M) split proportionately based on ownership (City 57% / Developer 43% +/-) plus a $75 per space annual contribution for capital maintenance and reserve • Garage managed to standard of other public Oceanfront garages and managed to budget based on above private cap 27 ITEM— V.J.4 ORDINANCES ITEM#77445 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BYCONSENT,Ordinance to AMEND Appendix F of the City Code re Chesapeake Bay Preservation Area 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 19, 2025 1 AN ORDINANCE TO AMEND APPENDIX F OF 2 THE CITY CODE — CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE 4 5 SECTION AMENDED: Appendix F, 6 Chesapeake Bay Preservation Area Ordinance 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Appendix F, Chesapeake Bay Preservation Area Ordinance of the Code of 12 the City of Virginia Beach, Virginia, is hereby amended and ordained to read as follows: 13 14 Sec. 100. Title. 15 16 This ordinance shall be known as the Chesapeake Bay Preservation Area C( BPA) 17 Ordinance of the City of Virginia Beach. 18 19 Sec. 101. - Findings of fact. 20 21 The Chesapeake Bay and its tributaries constitute one of the most important and 22 productive estuarine systems in the world, providing economic and social benefits to the 23 citizens of the City of Virginia Beach and the Commonwealth of Virginia. The health of the 24 Bay and its tributaries is vital to maintaining the City of Virginia Beach's economy and the 25 welfare of its citizens. 26 27 The waters of the Chesapeake Bay watershed have beeR degFaded signifiGaRtI!,f 28 . 29 These waters are worth„ of preteGt;GR {rem fi Fther degF datieR. Certain lands that are 30 proximate to shorelines have an intrinsic water quality value due to the ecological and 31 biological processes they perform. With proper management, they offer significant 32 ecological benefits by providing water quality maintenance, wildlife habitat, floodplain 33 management, and shoreline erosion control. water quality meiRtenaRGe., and ion 34 . These lands, designated by the 35 City Council as Chesapeake Bay Preservation Areas, shall be developed in such manner 36 as to preteEt the—quasi y of water in the—Pam—that promotes water quality and 37 accommodates for the economic vitality of the city. 38 39 Sec. 102. - Purpose and intent. 40 41 (A) This ordinance is adopted in order to implement the requirements and stated 42 purposes of The Chesapeake Bay Preservation Act (Sections 62.1-^�07 62.1- 43 44.15.67 through 62.E-4 .15:7- 62.1-44.15:79 of the Code of Virginia) and the 44 Chesapeake Bay Preservation Area Designation and Management Regulations 45 (9VAC 25-830-10 et seq.) promulgated thereunder. 46 47 The intent of the City Council and the purpose of this ordinance are to: 48 49 (1) protect existing high quality high-quality state waters; 50 51 (2) prevent any further increase in non-point source pollution; and 52 53 (3) restore state waters to a condition or quality that will permit all reasonable public 54 uses and will support the propagation and growth of all aquatic life, including game 55 fish, which might reasonably be expected to inhabit them.-Land 56 57 (4) address changing environmental conditions through proactive long-term sea level 58 rise and recurrent flooding adaptation measures. 59 60 The-'peFf'Fma-nGe standa'Fds establ�shed by this eFd innnno preside the meaRS tG 61 monernmz ;d sedimentation potential, redUGe land appliGatien of nutrients and 62 texin6, and maximize FaffiRwateF infiltFatieR. Indigenous gFOURd GO—, --,,--.ally Weedy 63 vegetation, is effe^ti a in holding seil iR plaGe and pre" Rg 6ite eFGGi9R. Existin 64 65 is onh^nned and staFmwater runeff is redUGe,J 66 67 (B) The Chesapeake Bay Preservation Area Map adopted by the City Council shall be 68 used as a guide to the general location of Chesapeake Bay Preservation Areas, 69 The site-specific boundaries of Chesapeake Bay Preservation Areas shall be 70 delineated by the applicant and confirmed by the City Manager or their designee 71 as part of the plan of development process. The site-specific evaluation is 72 conducted to determine whether water bodies on or adjacent to the development 73 site have perennial flow; and that Resource Protection Area (RPA) boundaries are 74 adjusted, as necessary, on the site based upon this evaluation of the site. The site- 75 specific evaluations shall be subject to approval and modification by the City 76 Manager or their designee on the basis of the criteria set forth in Section 104(B) of 77 this ordinance. In making such a determination, the City Manager may consider 78 any additional relevant information and may perform site inspections. When a 79 delineation of a Chesapeake Bay Preservation Area, or any component thereof, 80 has been approved or established by the City Manager, the Chesapeake Bay 81 Preservation Area Map shall be amended by the Board to reflect such delineation. 82 The designation of any area as a Chesapeake Bay Preservation Area shall be in 83 addition to, and not in lieu of, the zoning district classification of such area, such 84 that any parcel of land situated within a Chesapeake Bay Preservation Area shall 85 also lie in one or more of the zoning districts established pursuant to Section 102 86 of the City Zoning Ordinance fEAppendix A)l of the Code of Virginia Beach and 87 shall be subject to all applicable provisions of this ordinance and the City Zoning 88 Ordinance f(Appendix A)1. 89 90 (C) The performance standards established by this ordinance provide the means to 91 minimize erosion and sedimentation potential, mitigate the land application of 92 nutrients and toxins, and enhance rainwater infiltration. Indigenous ground cover, 93 especially wood vegetation, is effective in holding soil in place and preventing site 94 erosion. Existing vegetation filters stormwater runoff. 95 96 Sec. 103. - Definitions. 97 98 The following words and terms used in this ordinance shall have the following 99 meanings, unless the context clearly indicates otherwise. 100 101 Accessory structure. Any structure located on a lot or parcel not identified as a principal 102 structure as defined herein. 103 104 Adaptation measure. A project, practice, or approach to mitigate or address an impact 105 of climate change including sea-level rise, storm surge, and flooding including increased 106 or recurrent flooding. 107 108 Agricultural lands. Those lands used for the planting and harvesting of crops or plant 109 growth of any kind in the open, pasture, horticulture, dairy farming, floriculture, or the 110 raising of poultry or livestock. ill 112 Applicant. Any person submitting any application required or permitted pursuant to any 113 of the provisions of this ordinance, and any person on whose behalf such an application 114 is submitted. 115 116 117 118 119 120 Best management practice. A practice, or a combination of practices, determined by a 121 state or designated area-wide planning agency to be the most effective practicable 122 means of preventing or reducing the amount of pollution generated by nonpoint sources 123 to a level compatible with water quality goals. 124 125 126 127 128 Board. The Chesapeake Bay Preservation Area Board. 129 130 Buffer area. An area of existing or established vegetation managed to protect other 131 components of a Resource Protection Area as described under section 104(B)(1) of this 132 ordinance and state waters from significant degradation due to land disturbances. 133 134 Buffer Manual. This guidance manual is intended to provide assistance to local 135 governments in the administration of the buffer modification provisions of the 136 Chesapeake Bay. 137 138 Caliper. The diameter of a tree measured six (6) inches above existing grade. 139 140 Canopy Tree. A tree that typically reaches 35 feet in height or taller when mature. 141 142 Channelward. In the direction of the channel or waterway. 143 144 Chesapeake Bay Preservation Area. Any land designated as such on the Chesapeake 145 Bay Preservation Area Map adopted by the City Council, subject to the determination 146 of the City Manager, or their designee on a site-specific basis. A Chesapeake Bay 147 Preservation Area shall consist of a Resource Protection Area and a Resource 148 Management Area. 149 150 151 152 if this ordinanGe. 153 154 Construction footprint. The area of all impervious surface created by development or 155 redevelopment of land, including, but not limited to, buildings, roads, drives, parking 156 areas and sidewalks, and any other land disturbed for the construction of such 157 improvements. 158 159 Development. 160 , 161 162 163 homes, streets, mining, dFedgiRg, filling, grading, paviRg, eXG-avatiGR eF dFil'iRg 164 165 166 Diameter at breast height (DBH). The diameter of a tree measured at a point four and 167 one-half (4-1/2) feet above the existing grade. 168 169 Dripline. An imaginary perpendicular line extending downward from the outermost tips 170 of the branches of a tree to the ground. 171 172 Fill. Material such as sand, soil, gravel, or crushed stone that is placed in an area, often 173 to adjust the elevation or to create land contouring. 174 175 Flood or flooding. A general or temporary condition of partial or complete inundation of 176 normally dry land areas from: 177 178 (a) The overflow inland of tidal waters, or 179 (b) The unusual and rapid accumulation of runoff of surface waters from the 180 source, or 181 (c) Mudflows, which are akin to a river of liquid and flowing mud on the surfaces 182 of normally dry land areas, as when earth is carried by a current of water and 183 deposited along the path o the current, or 184 (d) The collapse or subsidence of land along the shore of a lake or other body of 185 water as a result of erosion or undermining caused by waves or currents of 186 water exceeding anticipated cyclical levels or suddenly caused by an 187 unusually high water level in a natural body of water, accompanied by a 188 severe storm, or by an unanticipated force of nature such as flash flood or an 189 abnormal tidal surge, some similarly unusual and unforeseeable event that 190 results in flooding as defined above. 191 192 Floodplain. The area adjacent to a channel, river, stream or other water body that is 193 susceptible to being inundated by water normally associated with the 100-year flood or 194 storm event. This includes the floodplain designated by the Federal Emergency 195 Management Agency. 196 197 Highly erodible soils. These seals on slepes seaward a# the point at Which the Slope of 198 199 the tee ef the slope is leGated WithiR one hURdFed (100) feet ef tidal wetlands, RE)Rtidal 200 wetlands or tidal shores. The tep of baRk shall be the landward limit of highly erodible 201 sets. Soils (excluding vegetation)with an erodibility index (El) from sheet and rill erosion 202 equal or greater than eight. The erodibility index for any soil is defined as the product of 203 the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface 204 layer; R is the rainfall and runoff; LS is the combined effects of slope length and 205 steepness; and T is the soil loss tolerance. 206 207 Highly permeable soils. Soils with a given potential to transmit water through the soil 208 profile. Highly permeable soils are identified as any soil having permeability equal to or 209 greater than six inches of movement per hour in any part of the soil profile to a depth of 210 72 inches (permeability groups "rapid" and "very rapid") as found in the "National Soil 211 Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. 212 Department of Agriculture Natural Resources Conservation Services. 213 214 Impervious cover. A surface composed of any material which significantly impedes or 215 prevents natural infiltration of water into the soil, including, but not limited to, buildings 216 and other structures and the components thereof, concrete, asphalt, or compacted 217 gravel surface. 218 219 Land disturbance. Any aGtiVity Imnn land �.ghirh oc nnntributo to nr results in the 220 destFuGtien, Femoval GF GOvering ef the vegetatieR UPOR SUGh land, inGludiRg, but not 221 "Mited to nleaFinn dredging, fillip„ ..r+rlinn nr e)(G .Va inn A manmade change to the 222 land surface that may result in soil erosion or has the potential to change its runoff 223 characteristics, including construction activity such as the clearing grading excavating 224 or filling of land. The term shall not include minor activities such as home gardening, 225 individual home landscaping and home maintenance. 226 227 Living Shoreline. A shoreline management practice that provides erosion control and 228 water quality benefits; protects, restores, or enhances natural shoreline habitat; and 229 maintains coastal processes through the strategic placement of plants stone sand fill 230 and other structural and organic materials. 231 232 Manager. The City Manager or such other person or persons as they may designate to 233 perform the duties, or to exercise the authority of the City Manager pursuant to the 234 provisions of this ordinance. 235 236 Mature Tree. A canopy tree with a Diameter at Breast Height (DBH) of 12 inches or 237 greater or an understory tree with DBH of 4 inches or greater. 238 239 Nature-based solution. An approach that reduces the impacts of sea-level rise flooding 240 and storm events through the use of environmental processes and natural systems. 241 242 Nonpoint source pollution. P^ a e )RSiStiRg ef Geasti+tueRtS SUGh-asSed;menr 243 244 agriGulkiFe and uFban land develepmeRt and use. Pollution such as sediment, nitrogen, 245 phosphorous, hydrocarbons, heavy metals and toxics whose sources cannot be 246 pinpointed but rather are washed from the land surface in a diffuse manner by 247 stormwater runoff. 248 249 Nontidal wetlands. Those wetlands other than tidal wetlands that are inundated or 250 saturated by surface or ground water at a frequency and duration sufficient to support, 251 and that under normal circumstances do support, a prevalence of vegetation typically 252 adapted for life in saturated soil conditions ide Rtified OF rofo rro rJ W in the City of Virginia 253 254 , 255 paRqIiaA- MUGky Peat; PamliEe Lakehurst Variant Complex; PoEa-y Peat; e 256 257 258 . as defined 259 by the U.S. Environmental Protection Agency pursuant to Section 404 of the Federal 260 Clean Water Act. 261 262 Noxious weeds. As defined 263 in Va. Code 3.2-800, any living plant or part thereof, declared by the Board of 264 Agriculture and Consumer Services through regulations to be detrimental to crops 265 surface waters, including lakes, or other desirable plants livestock land or other 266 property, or to be incurious to public health, the environment, or the economy except 267 when in-state production of such living plant or part thereof, is commercially viable or 268 such living plant is commercially propagated in Virginia. Including but not limited to 269 plants such as Johnson grass, kudzu, and multiflora rose. 270 271 Person. An individual, fiduciary, corporation, firm, partnership, association, 272 organization, or any other entity or combination thereof. 273 274 Plan of development. For the purposes of this Ordinance plan of development means 275 any process for site plan review in local zoning and land development regulations 276 designed to ensure compliance with this Ordinance prior to issuance of a building 277 permit. 278 279 Principal structure. A structure that encloses or houses any principal use. For the 280 purposes of this ordinance the term principal structure shall include the following 281 appurtenances including (i) a required parking area as set forth in Sections 203 (a) and 282 (b) of the City Zoning Ordinance (Appendix A), (ii) a driveway connecting the required 283 parking area to the public right-of-way in conformance with the criteria of the City of 284 Virginia Beach, Department of Public Works Design Standards manual Roadway 285 Geometric Alignment & Design, and (iii) a sidewalk connecting any outside entrance or 286 exit of the principal structure to the required parking area. 287 288 Public road. A publicly owned road designed and constructed in accordance with water 289 quality protection criteria at least as stringent as requirements applicable to the Virginia 290 Department of Transportation, including regulations promulgated pursuant to (i) the 291 Erosion and Sediment Control Law (Section 10.1-560 et seq. of the Code of Virginia), 292 and (ii) the Virginia Stormwater Management Act (Section 10.1-603.1 et seq. of the 293 Code of Virginia). This definition includes those roads where the Virginia Department of 294 Transportation exercises direct supervision over the design or construction activities, or 295 both, and cases where roads are constructed or maintained, or both, by the City in 296 accordance with the Public Works Design Standards Manual. 297 298 Redevelopment. The construction, substantial alteration or installation of any 299 improvement upon a lot or parcel of land, that is,--er has been previously developed. 300 301 Resilience. The capability to anticipate, prepare for, respond to, and recover from 302 significant multi-hazard threats with minimum, damage to social well-being, health, the 303 economy, and the environment. 304 305 Resource Management Area. That component of a Chesapeake Bay Preservation Area 306 not classified as a Resource Protection Area. Reseui no MaRageMeRt Areas inns rlo 307 308 SIgRifiGaRt water quality degradatiOR E)F fer diminishing the fLIRGtOGRal value ef a 309 ResouFno ❑rAtQr-taAn 4rea 310 311 Resource Protection Area. That component of a Chesapeake Bay Preservation Area 312 comprised of lands adjacent to waterbodies with perennial flow which have an intrinsic 313 water quality value due to the ecological and biological processes they perform or are 314 sensitive to impacts which may result in significant degradation to the quality of state 315 waters. 316 317 Silvicultural activities. Forest management activities, including but not limited to the 318 harvesting of timber, the construction of roads and trails for forest management 319 purposes, and the preparation of property for reforestation that are constructed in 320 accordance with the silvicultural best management practices developed and enforced 321 by the State Forester pursuant to Section 10.1-1105 of the Code of Virginia and are 322 located on property defined as real estate devoted to forest use under Section 58.1- 323 3230 of the Code of Virginia. 324 325 Storm surge. The resulting temporary rise in sea level as defined in Section 1 .3 of the 326 City Zoning Ordinance (Appendix K). 327 - - 328 Subdivision. The division of any parcel of land into two (2) or more lots or parcels. The 329 term shall include all changes in lot lines, the creation of new lots involving any division 330 of an existing lot or lots and, if a new street is involved in such division, any division of 331 a parcel of land. When appropriate to the context, the term shall also include the process 332 of subdividing and the territory subdivided. 333 334 Substantial Alteration. The expansion or modification of a building or development that 335 would result in a disturbance of land exceeding an area of two thousand five hundred 336 (2,500) square feet in the Resource Management Protection Area only. 337 338 Tidal shore. The area between the mean low water and mean high water levels of tidal 339 waters. 340 341 Tidal wetlands. Vegetated and nonvegetated wetlands as defined in Section 1401 of the 342 Goy Zoning Ordinance J�Appendix A)l of the Code of Virginia Beach for those areas 343 within the Chesapeake Bay watershed. 344 345 Understory Tree. A tree that typically reaches 12 feet to 35 feet in height when mature. 346 347 Water-dependent facility. A development of land which cannot exist outside of a 348 Resource Protection Area and which must be located on the shoreline by reason of the 349 intrinsic nature of its operation. These facilities include, but are not limited to, ports, the 350 intake and outfall structures of power plants, water treatment plants, sewage treatment 351 plants, storm sewers, marinas and other boat docking structures, beaches and other 352 public water-oriented recreation areas, fisheries or other marine resources facilities, and 353 shoreline pFeteGtiGR erosion control measures as authorized under the provisions of 354 Sections 1400-1418 of the Gity Zoning Ordinance [(Appendix A)] of the Code of 355 Virginia Beach. 356 357 Sec. 104. - Areas of applicability. 358 359 (A) The Chesapeake Bay Preservation Area Ordinance shall apply to all lands which 360 are included in the Chesapeake Bay watershed within the City of Virginia Beach. 361 Such lands are designated as Chesapeake Bay Preservation Areas on the 362 Chesapeake Bay Preservation Area Map. The Chesapeake Bay Preservation 363 Area Map shall delineate the general locations of Resource Protection Areas and 364 Resource Management Areas. The City Manager, or their designee shall have 365 the final authority in cases of uncertainty to determine the extent of Chesapeake 366 Bay Preservation Areas by application of the criteria set forth in this section. 367 368 (B) The site-specific boundaries of the Chesapeake Bay Preservation Area shall 369 initially be delineated by the applicant on the basis of the criteria set forth below 370 and shall be subiect to approval and modification by the City Manager or their 371 designee as needed. In making such a determination, the City Manager may 372 consider any relevant information and may perform site inspections. The 373 components of the Chesapeake Bay Preservation Area, Resource Protection 374 Area (RPA) and Resource Management Area (RMA) are as follows. 375 376 (1) Resource Protection Areas shall include the following components: 377 378 (4a) Tidal wetlands; 379 380 (2b) Nontidal wetlands connected by surface flow and contiguous to water 381 bodies with perennial flow; 382 383 (3c) Tidal shores; aad 384 385 (d) Water bodies with perennial flow; and 386 387 (4e) A vaFiable width buffer area not less than one hundred (100) feet in width 388 located adjacent to and landward of the components listed above in 389 subdivisions a through d of this subsection. The full buffer area shall be 390 designated as the landward component of the RPA. 391 392 The variable 4A,firdth Miffe nr s�II bel�atedt (i) adjacent to and ZTr�TTT[..l—A'T�..J T C.�'Q�L'TQri IT�iV—QTZf 393 394 beth sides of aRY water body with pereRRial flAw Thiz w4riable width buffe 395 aFea shall alse anGlude highly eredible soils where pFeseRt and shall ex 396 ono huRdre d (100) foot Iand arrd of the IandI.Aford_ limit of highly erorJihlo 397 soils. 398 399 (S2) Resource Management Areas shall consist of all lands within Chesapeake 400 Bay Preservation Areas which are not designated as Resource Protection 401 Areas. These lands, if improperly used or developed, have a potential for 402 causing significant water quality degradation or for diminishing the 403 functional value of the Resource Protection Area. 404 Chesapeake Bay ESy- crar Area cr T— rr geReFal 406 IOGati9RS of Reseur-vGe-PFete6t♦ivn Areas and Rese-uprVe MaRageMeRt AcFQRS The 407 City MaRager shall have_ the final autherity iR Gases ef URGeFtaiRty te determine 408 409 set ferth iR this seGtOE)R. Site speGifiG determination shall be made by OF Genfirmed 410 . 411 412 413 pest+eR of a lot less thaneFequal techree (3) aEFeS M size-, the eta+'re lot shall e 414 415 1989 out of a lot lying partially w4hin a Chesapeake Bay PFeSeFVatiE)R Area shall 416 alse be SUbje Gt W the Fequirements of this oru'lnan-_o 417 418 Sec. 105. - interpretation of Chesapeake Bay Preservation Area boundaries. Water 419 quality impact and resiliency assessments. 420 421 The Chesapeake Bay Preservation Area Map adopted by the Gity CounGil shall be 422 used as a guide to the geneFal IOGatweR ef Chesapeake Bay Presewation Areas. The site 423 speGmf*G boundaries of a Chesapeake Bay Preservation Area shall initially be delineated 424 425 426 427 428 GGmponent thereof, as been appreved oF established by the C,+„ n oner, the 429 Chesapeake Bay Preservatien Area Map shall be amended by the Beard te refled SuGh 430 doliT 431 432 (A) Water quality impact assessment. A water quality impact assessment shall be 433 required (i) for any use, land disturbance, development or redevelopment within 434 a Resource Protection Area; (J) for any buffer area encroachment; (iii) for any 435 variance provided for in Section 110 of this ordinance; or(iv)where a water quality 436 impact assessment is deemed necessary by the City Manager or their designee 437 to evaluate the potential impacts of the use, development or redevelopment upon 438 water quality or a Resource Protection Area by reason of the unique 439 characteristics of the site or the intensity of the proposed use or development. 440 441 (1) The water quality impact assessment will: (i) identify the potentially adverse 442 impacts of proposed development on water quality and lands within Chesapeake 443 Bay Preservation Areas; (ii) ensure that, where use, development or 444 redevelopment takes place within Chesapeake Bay Preservation Areas, it will be 445 located on those portions of a site and in a manner that will be least disruptive to 446 the natural functions of Resource Protection Areas and other sensitive lands; and 447 (iii) specify means of avoiding, minimizing or mitigating the impacts of 448 development for water quality protection. 449 450 (B) Resiliency Assessment. Submittal of a resiliency assessment that evaluates the 451 potential impacts of climate change on buffer function in light of any development 452 protect that proposes an encroachment into the Resource Protection Area is 453 required to be provided for review during the plan of development or other project 454 review process. The resiliency assessment shall be based upon the RPA as 455 delineated at the time of the proposed land development and in addition to all 456 other requirements of this ordinance and other local ordinances. 457 (1) The resiliency assessment shall consider the anticipated impacts of sea level 458 rise, storm surge, and flooding on the parcel and proposed improvements over 459 a thirty (30) year projected timeframe unless the applicant demonstrates one 460 of the following criteria. 461 462 (a) The project proposed for development is not directly impacted by the 463 criteria set forth in section (2) below through the plan of development 464 process or other review process. 465 466 (2) The anticipated impacts of sea level rise, flooding and storm surge on the 467 parcel and the proposed improvements shall be based upon a review of the 468 following models and forecasts. 469 470 (a) Sea Level Rise Projections. Use the 2017 National Oceanographic and 471 Atmospheric Administration (NOAA) Intermediate-High scenario projection 472 curve for any subsequently updated version thereofl on the project site. 473 Sea level rise data can be accessed on the AdaptVA website, maintained 474 by the Virginia Institute of Marine Science (VIMS). 475 476 () Storm Surge Projections. Use the most up-to-date NOAA hydrodynamic 477 Sea, Lake, and Overland Surges Hurricanes (SLOSH) model for a 478 Category 1 storm surge on the protect site. Storm surge data can be 479 accessed on the AdaptVA website, maintained by the Virginia Institute of 480 Marine Science (VIMS). 481 482 (c) Flooding Proiections. Use the most up-to-date Special Flood Hazard Area 483 and the Limit of Moderate Wave Action (LiMWA) model on the project site 484 according to the Virginia Flood Risk Information System (VFRIS) model in 485 conjunction with the requirements of the Zoning Ordinance RAppendix K31 486 of the City of Virginia Beach. 487 488 (3) Such assessment shall evaluate the potential impacts in light of the proposed 489 land development on buffer function including loss of riparian buffer vegetation 490 and vegetation migration; water migration; as well as the potential impacts 491 resulting in additional future land disturbance or development in the Resource 492 Protection Area connected to the proposed land development. The 493 assessment shall include alternations, conditions, or adaptation measures 494 meeting the requirements of Section 105(B) proposed by the applicant to 495 address the impacts consistent with the requirements of this Ordinance. 496 Proposed alterations, conditions, or adaptation measures shall consider site 497 conditions; nature, type, and size of proposed land development; extent of 498 potential impacts; and the necessity to minimize future land disturbance. 499 500 (4) Based upon the assessment, the City Manager or their designee; or in cases 501 of variances or exceptions by the Board, the Board shall, as necessary and 502 appropriate, require conditions, alterations, or the installation of adaptation 503 measures as a part of the review and approval of the proposed land 504 development to address the identified impacts considering site conditions; 505 nature, type, and size of proposed land development; extent of potential 506 impacts; and the necessity to minimize future land disturbance. 507 508 Sec. 106. Performance standards. 509 510 The performance standards set forth in this Section are intended to prevent a net 511 increase in nonpoint source pollution from new development and development on 512 previously developed land where the runoff was treated by a water quality protection best 513 management practice. Stormwater management criteria shall be consistent with the 514 provisions of the Erosion and Stormwater Management Ordinance [Appendix D] of the 515 Code of Virginia Beach. 516 517 (A) General performance standards for development and redevelopment. Except as 518 otherwise provided herein, the following standards shall apply to all development 519 and redevelopment in both Resource Protection Areas and Resource 520 Management Areas of the Chesapeake Bay Preservation Area: 521 522 (1) Land disturbance shall be limited to the area necessary to provide for the 523 proposed use or development. The limits of land disturbance, including 524 clearing, ew grading, or filling shall be strictly defined by the construction 525 footprint as shown on the approved plan of development. Clearing shall be 526 allowed only to provide necessary access, site drainage, water quality best 527 management practices, installation of utilities and primary and reserve 528 drainfield sites as detailed on a Virginia Department of Health sewage 529 disposal construction permit. These limits shall be clearly shown on all plans 530 submitted and physically marked on the site. 531 532 (2) Existing indigenous vegetation shall be preserved to the maximum extent 533 practicable ^^istent mature trees shall be protected during development 534 and only removed where necessary, including to provide for w+t# the 535 proposed use or development,prepesed and in accordance with the current 536 edition of the Virginia €rOsion and Sediment GGRtFo; Stormwater 537 Management Handbook. 538 539 (a)--1FYhe a aFeas te--be pF n in am nside ed +n be paFt of the escr�cd m-�FerraTvcrcc,--cv-v�, 540 stermwater maRageMeet plan for that site, diseased trees 9 -tress 541 weakened by age, steFm, fire nr other iniUr., Fray he remeieit 542 (b) wrier to saeari g or ^r„ti^^ swi+^hle nrntentive baFFierc' c,inh a safety 543 fees+Rg, shall be-erected outside of the drinline of any tree or 6tand of 544 trees to he nresewed These pFateotiye baFriem sh-+II remaun sp,.r,.r.t,.,[ 545 thFeughoet-all phases of The teFage of equipment, 546 materials debris nr fill shall no+ he ;Arithin the area reteGte 547 by the harrier 548 549 (3) Land development shall minimize impervious cover to promote infiltration of 550 stormwater into the ground consistent with the use or development 551 proposed through the incorporation of structural or nonstructural urban best 552 management practices: as described in the City of Virginia Beach Erosion 553 and Stormwater Management Ordinance [Appendix D1. 554 rJ ih in the a t edition of the ginia rm��,af �QcS—creS c��ued—rrr-mom. �l Ff�n-�c�mvrr—oT-rn�. ��I r�n�ra �t�r rrrwa-ceF 556 557 (h) As described in the City Virginia Bea rmw ater Management 558 559 �c4 During the design phase of development, consideration should 560 given to the folloWing means of mi 9e FVIeHs goyer: 561 562 1 PaeemeRt of parking-areas-Under multiple family, GffiGe-eF 563 rnmmornial buildinnc; 564 2. GonStRAGtiGR of no more than. the M'RiMUM number of parking 565 spaces required by the City Zoning Ordinance (Appendix Ay, 566 567 low_f�;TiG zones; and 568 4 Cluster development in lie„ of conventional development by 569 use of GORditional zening or the epe_n space PFOMetieR Opt 570 as cot forth in the City Zening Ordinance (Appendix 4) 571 572 (4) Netwithstanding { 573 as eyed in Sen��n 1-5GO of the Code of Virg' , Virginia, ��e� two 574 thousand fk.ip- ,PrJr,-QP-I (2,500) square feet, inGIIAGIORg, bUt RGt limitedt; 575 eenstruntiOR of all single family houses, epti tanks, and drainfieIrJc 576 Chesapeake Bay Preservation Area land disturbing activity as described in 577 VAC 25-830-130 shall comply with the requirements of the Erosion and 578 Stormwater Management Ordinance [Appendix D1 Sec 2.2 of the Code of 579 the City of Virginia Beach. shall comply with the requirements of Article 111 580 of Chapter 30 of the Code Af the Gity Of ViFgiRia BeaGh (City Code SeGtiqRS 581 582 583 (5) All on site sewage tFeatment systems Tot-;egUiFing a VirginiaPellutaRt 584 n;sehargeElimination i System-�-rrT\iDES) permitsla� prim ed 0 t 1 585 e+REe-eVeFy f, e (5) years, reu+ded, hewe��r, Any Chesapeake Bay 586 Preservation Area upon which on-site sewage treatment systems [sewage 587 systems] as defined in $ 32.1-163 of the Code of Virginia shall comply with 588 the requirements of 9VAC25-830-130 7 et. seq. including the requirement 589 for pump-out or inspection every 5 years per 9VAC25-830-130 7 et. seq. 590 591 (a) SubjeGt te GGRd tiens established by the�Virginia Beach Health DiSfriGt 592 of the Virginia Department of Health the eWRers of such systems may, 593 0R lies, of piImping eLIt Sikh systems every five (5) "ears have a plastic 594 filter installed and maintained in the �tflew nine from the o eptiG fans, to w w w w w N) r1i N) r1i rQ r1i N) N) N) M — — CD— (DCDCDCD (DCD 0 OOO (D co Coco (D CD co m --Ij m CYI -P�L w m0 co wm cyl -N W M CD CO M --,J M C-n -P� W M CO M ---J M Cn -N W M C) (D W —A M Cn B co -rl 73 c i rTi 7 u) n r i It i cl Sh 0 0 -Z 3 o m 0 r c J r ri x 7 3 rj c I c r 4 0 73 0 o :3 () 3 73 73 ol 73 o 73 73 73 7c 3) r 73 C 37 -3 c t)7 -37 d 0 0 CD 13 (37 o C) w 641 (3) Repair-s+tuatienc when install-atioR of _aly et feasible; 642 and 643 ) Any ether a ev system ferwhi ��'T � � ppF e�-�St�..T„�-o,--w-rrr 644 adversely af#n" he design of the system as deteFmiRed by 645 the Virginia Beach Health ni }i 646 647 (d) The diversion valve shall have three (3) pert, two (2) way valve C) 648 meteFoals resista�urt to sewage, leakpreef and designed cn }h } the 649 effluent frorn the tank Gan be directed to flow into either ono (1\�)of the 650 Mein (2) distribUtinn hove 651 (e) There shall be a conduit from the ton of the valve to the ground surfer^ 652 with an appropriate cover to he level with er abode the gFe ind „rfaG& 653 a-nd 654 The valve shall net belaGated OR driveways, FeGre^}�ORalGGUFtSrkiRg 655 lets or beneath sheds er other ctni^t„rec In lieu of a drier inn valve, i^e that van be designed and oonstr, oted to direct the flow of 656 any deu, . �,y„�.0 and �vRa t 657 effluent from the tank into either one (1) of the two (2) distrib,itinn boxes 658 may be approved if plans are submitted to the Virginia Reach Health 659 Destriat and determined to be sa}isfa^}en,; 660 [rg) Reserved-] 661 (h) Owners shall alternate rising the drainfield every twelve (12) months 662 to npermit the yearly restinn of half of the absorption system 663 The City sshaa4l ens'-re that }he nI.Aw}erS are notified annually of the 664 t to swi}nh the valve to the nnnnsi}e drainfield 665 666 (7) Reserved. 667 668 (9) Reserved. 669 670 (96) Prior to the authorization and initiation of grading or other on-site activities, 671 evidence of all wetland permits required by Sections 1400 through 1418 of 672 the Gity Zoning Ordinance j{Appendix A}] of the Code of Virginia Beach and 673 Sections 401 and 404 of the Clean Water Act (33 U.S.C. Sections 1341 and 674 1344) shall be obtained and evidence of such submitted by the applicant to 675 the City. 676 677 (4-97) Any Chesapeake Bay Preservation Area upon which agricultural 678 operations are conducted as defined in 3.2-300 of the Code of Virginia 679 shall comply with the requirements of 9VAC25-830-130 8 et. seq. 680 upen whiGh agF;G'_IltI_IF_;3I aFe GeRdUGted shall have a soil and water 681 quality —eeRservati n asessMer'�GendAeted—tlh,at evaluates-- the 682 effentiyeness of existing nra^tires pertaining t^ soil ern inn and sediment 683 EeRtrel, nutrient maRagerReRt, and management Of PeStriGides_a�,heFe 684 ReGessaFy, eutlines additdGRal praGtiGes needed te ensure that water quality 685 ,FAteGtmeR is aGGemplished eensiStent with this erdonanGe. SUGh assessment 686 oh,ail be based UPeR th esta R da rdam t forth in the Ianiia ry 1999 Fie Id Off e 687 TeGhRiGal Guide ofthe U.S. Depal4ment of Agri UItuFe .,... 1 0 688 689 of the Virginia Depa#FneRt ofGonsewati„n and QeGrea+i n andGGGMplis 690 wateF quality Pirien}inn GGRsistent with this ordinanne 691 692 (4-�8) Proposed revegetation of disturbed areas shall provide maximum erosion 693 and sediment control benefits. 694 695 (429) Access for development requiring permits under Section 6-136 of the City 696 Code or Section 1403 of the City Zoning Ordinance [Appendix Al, and for 697 development authorized by Section 1402 of the City Zoning Ordinance 698 (Appendix Al, shall be limited to a single accessway so as to maintain the 699 integrity of the buffer area. Fill fGF SUGh,-develop,„e,t shall be limited to 700 701 maintai of the buffer area 702 703 (13) Dispesal sites fGF dredged material shall be IGGated and stabilized landwaFd 704 of the buffer area. 705 706 (I) F= EGayatIAR rnateFial fFGFn GE)RGtrUGtiGR, iR IudiRg dredged me[irial shall be 707 disposed of in a lawful manner. 708 709 4�49ilViGUIWFal aGtiVTtie6 within Ghe6apeake Bay PreseN tiros Areas hall be 710 exempt from this erd+nanne, `t ppeyide that sihiir to ultural onerati()Rs adhere + neduF nrih d in the lan„ani 1997 7 1 waYe�-q{�'I i+alT cy -pr�teEt+efl--P�Fecccrares��esv„pec�-m--crr�. c �v-r 712 "FGres rest MaRager;eRt fnr 1.Nater Duality inViFginia 713 Tonh ^Guide" of the Virginia Department of FeFest y 714 715 (160)All development exceeding two thousand, five hundred (2,500) square feet 716 of land disturbance shall be accomplished through a plan of development 717 review process consistent with SeGtTo„ 15.2 2286 (A)(8) of-the-Code-0 718 Virgr„a--afar subsection 1(e) of 9VAC25-830-240 (Chesapeake Bay 719 Preservation Area Designation and Management Regulations) and the Site 720 Plan Ordinance [Appendix Cl of the Code of Virginia Beach, 721 722 ( here 6tFUGtUral the be6t maRagerneRt pFastiGes are atifiZed, SAGh 723 FnaiRteRanGe--s#ali be—eRSU ed by he o ty t rGugh a FnainteRaRGe 724 agreement with the Geiser or developer. 725 726 (B) Development criteria for Resource Protection Areas. In addition to the general 727 performance standards set forth in this section, the following standards shall 728 apply to all use, development and redevelopment in Resource Protection Areas, 729 except as otherwise provided herein: 730 731 (1) Land development may be allowed in the Resource Protection Area only if 732 such development(i) is water dependent; (ii) constitutes redevelopment; (iii) 733 is a new use established pursuant to Subsection (13)(4) hereof; (iv) is a road 734 or driveway crossing satisfying the conditions set forth in subdivision (d) 735 hereof; or (v) is a flood control or stormwater management facility satisfying 736 the conditions set forth in subdivision (e) hereof. In addition thereto, the 737 following requirements shall apply: 738 739 740 741 (ba)A new or expanded water dependent facility shall be allowed provided 742 that the following criteria are met: 743 744 1. Such facility does not conflict with the comprehensive plan; 745 2. Such facility complies with the general performance standards 746 set forth in this Section; 747 3. Any non-water dependent component of such facility is 748 located outside of the Resource Protection Area; aed 749 4. Access to such facility shall be provided with the minimum 750 land disturbance necessary. Where practicable, a single point 751 of access shall be provided; and 752 5. Such facility does not conflict with the Virginia Beach Sea 753 Level Wise Adaptation Strategy. 754 755 (,qb) Redevelopment shall be permitted in the Resource Protection Area 756 only if (i) there is no increase in the amount of imperious cover; (ii) no 757 further encroachment within the Resource Protection Area; and (iii) 758 such redevelopment conforms to applicable erosion and sediment 759 control criteria set forth in 760 nriteria cep fnr+h h4anneement QFdinenee [AppeRdix 761 e eferm��i�� t r uir is of all state and �A ap�l+sat3+��er-�a+�ager�en�eq�e�e+� - - 762 federal agenniec the Erosion and Stormwater Management Ordinance 763 [Appendix D1 of the Code of Virginia Beach. 764 (dc) Roads and driveways, unless meeting the exemption in section 109 of 765 this ordinance, may be constructed Rot exempt frem the pmyisiens of 766 in or across 767 Resource Protection Areas if each of the following conditions is met: 768 769 1. The City Manager finds that there are no reasonable 770 alternatives to aligning the road or driveway in or across the 771 Resource Protection Area; 772 2. The alignment and design of the road or driveway are 773 optimized, consistent with other requirements, so as to 774 minimize encroachment into the Resource Protection Area 775 and adverse effects on water quality; 776 3. The design and construction of the road or driveway satisfy all 777 applicable criteria of this ordinance, including submission of a 778 water quality impact assessment; and 779 4. The City Manager reviews the plan for the road or driveway 780 proposed in or across the Resource Protection Area in 781 coordination with City site plan, subdivision and other 782 applicable plan of development reviews. 783 784 (ed) Flood control and stormwater management facilities that drain or treat 785 water from multiple development projects or from a significant portion 786 of a watershed may be allowed in Resource Protection Areas, provided 787 that such facilities are allowed and constructed in accordance with the 788 Virginia Erosion and Stormwater Management Act and its attendant 789 regulations and in accordance with the following criteria:; 790 791 1. The City Manager conclusively establishes that the location of 792 the facility within the Resource Protection Area is the optimum 793 location; 794 2. The size of the facility is the minimum necessary to provide 795 necessary flood control or stormwater treatment, or both; 796 3. The facility is consistent with a stormwater management 797 program approved by the Virginia State Water Control Board 798 as a Phase I modification to the City's program; 799 4. All applicable State and Federal permits are obtained from the 800 appropriate federal and state agencies having jurisdiction; 801 5. Approval is received from the City Manager prior to 802 construction; and 803 6. Routine maintenance is performed on such facilities to assure 804 that they continue to function as designed. 805 806 It is not the intent of this subdivision to allow a best management 807 practice that collects and treats runoff from an individual lot or 808 portion thereof to be located within a Resource Protection Area. 809 810 (2) Reserved. €xemp ien6 in Pepe-PFA-te6+ien Areas.. T�mlewinng I-a-Rd 811 dmsturb RGes in ResoUFGe Pry wciA-1n shall be exempt frnrn the nri+oria 812 efthis SeGtieR PFGVided that thGemnl, With +� pliGable stanrlaFds se 813 f.,r+h in Con+inn 110 /R\ of this orr♦iman .l.: 814 815 (a) WateF wed 816 (b) Passive-r$sfcacion faGilavrliticc GUGhra6 beaFd,:alks trails and path,. ay6; 817 aft 818 (G) Hi6+nrin preseFyatinn and Gh.. ` le ..I aGti..itie 819 820 (3) Buffer area requirements. The buffer area shall be the landward component 821 of the Resource Protection Area. Notwithstanding the existence of permitted 822 uses, encroachments, and vegetation clearing, as set forth in this Section, 823 the buffer area shall not be deemed to be reduced in width. To minimize the 824 adverse effects of human activities on the other components of the 825 Resource Protection Area, state waters, and aquatic life, a minimum one 826 hundred (100) foot wide buffer area of vegetation that is effective in 827 retarding runoff, preventing erosion, and filtering nonpoint source pollution 828 shall be retained if present and established where it does not exist. Where 829 such buffer must be established, the planting of trees shall be incorporated 830 into the reestablishment of the 100-foot buffer as appropriate to site 831 conditions and in such a manner to maximize the buffer function. Inclusion 832 of native species in tree planting is preferred. 833 834 (a) The one hundred (100) foot wide buffer area shall be deemed to 835 achieve a seventy-five (75) percent reduction of sediments and a forty 836 (40) percent reduction of nutrients. 837 (b) Where land uses such as agriculture or silviculture within the area of 838 the buffer cease and the lands are proposed to be converted to other 839 uses, a minimum one hundred (100) foot wide buffer shall be 840 reestablished. In reestablishing the buffer, management measures 841 shall be undertaken to provide woody vegetation that assures the buffer 842 functions set forth in this ordinance. The planting of trees shall be 843 incorporated into the reestablishment of the 100-foot buffer, as 844 appropriate to site conditions and in such a manner to maximize the 845 buffer function. Inclusion of native species in tree planting is preferred. 846 847 (4) Permitted encroachments into the buffer area. 848 849 (a) When the application of the buffer area would result in the loss of a 850 buildable area on a lot or parcel recorded prior to October 1, 1989, 851 encroachments into the buffer area may be permitted by following 852 review of a request for relief by the City Manager or their designee 853 admin*strn}ivo�i�+ri�+nno' as set forth in Section 110 (B) of this ordinance 854 and in accordance with the following criteria: 855 856 1. Encroachments into the buffer area shall be the minimum 857 necessary to achieve a reasonable buildable area for a 858 principal structure and necessary utilities. 859 2. Where practicable, a vegetated area that will maximize water 860 quality protection, mitigate the effects of the buffer 861 encroachment, and is equal to the area of encroachment into 862 the buffer area shall be established elsewhere on the lot or 863 parcel. Where established, such vegetated area shall include 864 the planting of trees as appropriate to site conditions. Inclusion 865 of native species in tree planting is preferred. 866 3. The encroachment may not extend into the seaward fifty (50) 867 feet of the buffer area. 868 869 (b) When the application of the buffer area would result in the loss of a 870 buildable area on a lot or parcel recorded between October 1, 1989 and 871 January 1, 2004, encroachments into the buffer area may be permitted 872 by following review of request for relief by the City Manager or their 873 designee , as set forth in Section 110 (B) of this 874 ordinance and in accordance with the following criteria: 875 876 1. The lot or parcel was created as a result of a legal process 877 conducted in conformity with the Subdivision Ordinance 878 (Appendix B); 879 2. Conditions or mitigation measures imposed through a 880 previously approved variance shall be met; 881 3. If the use of a best management practice (BMP) was 882 previously required, the BMP shall be evaluated to determine 883 if it continues to function effectively and, if necessary, the BMP 884 shall be reestablished or repaired and maintained as required; 885 and 886 4. The criteria in subdivision 4 (a) of this section shall be met. 887 888 (G) ERGFe eR}�GGate l in the yaFiablo width b uffeF aFP-ac-; as de#i+ned� 889 890 . 891 892 (5) Permitted modifications of the buffer area. 893 894 (a) In order to maintain the functional value of the buffer area, existing 895 vegetation may be removed onlypuFsaan+ to an administFatiye 896 yaFhanno as sot forth in Centinn 'I 4O(B) of this nrrlin-anno subject to the 897 approval of the City Manager or their designee, as set forth in Section 898 110_(B) of this ordinance and in accordance with the following criteria 899 and only to provide for reasonable sight lines, access paths, general 900 woodlot management, and best management practices, including 901 those that prevent upland erosion and concentrated flows of 902 stormwater, shoreline erosion control projects, or adaptation measures 903 as follows: 904 905 1. Trees may be pruned or removed as necessary to provide for 906 sight lines and vistas, provided that where removed, they shall 907 be replaced with other vegetation that is equally effective in 908 retarding runoff, preventing erosion, and filtering nonpoint 909 source pollution from runoff. Mature trees shall be preserved 910 and trimmed or pruned in lieu of removal, as site conditions 911 permit. Anv mature tree removal should be limited to the 912 fewest number of trees feasible. When trees are removed to 913 provide for sight lines and vistas, and access paths they shall 914 be replaced with trees as appropriate to site conditions and in 915 such a manner as to maximize the buffer function and to 916 protect the quality of state waters. Inclusion of native species 917 in tree replanting is preferred. 918 2. Any path shall be constructed and surfaced so as to effectively 919 control erosion. 920 3. Dead, diseased, or dying trees or shrubbery and noxious 921 weeds may be removed and thinning of trees may be allowed 922 pursuant to sound horticultural practices incorporated into 923 City-adopted standards. 924 4-. For shorelu.— Gentrel prejeGtS, trees and weedy 925 vegetation Fnaybe—reeved,Re-GessaF-Gentrel teGhniq4es 926 employed, and appropriate vegetation established to pFet 927 eF staboiize##e s orel*ne iR aGGOFdanGe with the best.,vahla G 928 feGhnieal adze—and applicah'�er^,,,t ems or 929 930 4._ Where areas to be preserved are considered to be part of the 931 stormwater management plan for that site, diseased trees or 932 trees weakened by age, storm, fire, or other injury may be 933 removed. 934 935 (b) For shoreline erosion control projects, trees and woody vegetation 936 within the footprint of the shoreline erosion control project may be 937 removed, necessary control techniques employed, and appropriate 938 vegetation established to protect or stabilize the shoreline in 939 accordance with the best available technical advice and applicable 940 permit conditions or requirements. 941 942 1. The removal of mature trees for the installation and 943 maintenance of proposed shoreline erosion control projects 944 shall only be permitted as necessary and consistent with the 945 best available technical advice, approved project plans, and 946 applicable permit conditions or requirements. 947 948 2. Existing trees, proposed plantings, and clearing limits must be 949 shown on the Joint Permit Application and/or water quality 950 impact and resiliency assessment. 951 952 3. Trees shall be incorporated as appropriate to the site 953 conditions and project specifications. Inclusion of native 954 species is preferred. 955 956 4. Shoreline erosion control within the RPA shall be consistent 957 with the Wetlands Act (Chapter 13 Title 28.2), the Virginia 958 Marine Resources Commission (VMRC) Tidal Wetlands 959 Guidelines which provide for "minimum standards for the 960 protection and conservation of wetlands," and "ensure 961 protection of shorelines and sensitive coastal habitat from sea 962 level rise and coastal hazard." 963 964 (c) Adaptation measures proposed for location within the Resource 965 Protection Area, shall meet the following conditions: 966 967 1. The selected adaptation measure shall be a nature-based 968 solution that uses environmental processes, natural systems, 969 or natural features identified as being appropriate for existing 970 site conditions. 971 972 2. An identified adaptation measure shall be selected from one 973 of the following sources: Chesapeake Bay program approved 974 BMP list, the Virginia Stormwater BMP Clearinqhouse, the 975 VMRC Tidal Wetlands Guidelines, or be a project that is 976 eligible for funding by the Virginia Community Flood 977 Preparedness Fund Grant. 978 979 3. Adaptation measures approved for use in the RPA shall be 980 designed, installed, and maintained in accordance with the 981 applicable specifications for the selected adaptation measure. 982 983 4. Adaptation measures should be placed channelward of the 984 proposed development whenever possible and should 985 maximize the preservation of mature trees and other natural 986 vegetation to minimize adverse impacts to the RPA and to 987 maximize water quality benefits. 988 989 5. The use of fill as a component of an adaptation measure may 990 be permitted, provided it meets the following conditions: 991 992 a. The grading and slope created by the use of fill shall be no 993 greater than necessary based upon the proiect 994 specifications and implemented in a manner that minimize 995 the impact of run-off. 996 997 i. Slopes should be equal to or less than 8% to support 998 water quality conditions, including infiltration. 999 1000 ii. Slopes less than or equal to 5% or that convey sheet 1001 flow of velocities less than one and one-half (1.5) 1002 feet/second are preferred, to reduce runoff and tidal 1003 wave energies. 1004 1005 iii. Slopes greater or different than the above may be 1006 necessary based upon certain site conditions and 1007 adaptation measure specifications. In such instances, 1008 submittal of additional calculations and engineering 1009 plans, and assessments of the impacts of the use of fill 1010 on existing vegetation, wetland migration and water 1011 movement, both landward and channelward, in support 1012 of the proposed slope shall be required. 1013 1014 b. Fill shall have the necessary biogeochemical 1015 characteristics, including sufficient organic content, to 1016 support the growth of vegetation and adequate 1017 permeability to allow infiltration consistent with project 1018 specifications. The applicant shall: 1019 1020 i. Provide documentation specifying the proposed depth, 1021 extent, and type of fill material proposed for use. 1022 1023 ii. Provide documentation that the proposed soils are 1024 compliant with the requirements governing the use of 1025 lightly contaminated soil consistent with the Virginia 1026 Solid Waste Management Regulations (9 VAC 20-81 1027 et seq.) or permitting requirements for upland 1028 placement of dredge soil, if applicable. 1029 1030 iii. Provide documentation that the newly placed fill is 1031 revegetated with multi-strata vegetation inclusive of 1032 canopy and understory trees, shrubs, and ground 1033 cover consistent with the guidance found in the Buffer 1034 _Manual. Inclusion of native species is encouraged. 1035 1036 iv. Ensure that the fill area is vegetatively stabilized within 1037 seven (7) days. 1038 1039 c. The use of fill shall not exacerbate stormwater run-off, and 1040 lateral flow onto adjacent properties shall be controlled. 1041 1042 i. Appropriate erosion and sediment control and 1043 stormwater management measures shall be 1044 incorporated into the design specifications, including 1045 the establishment of positive and proper drainage. 1046 1047 ii. If the adaptation measure trippers separate stormwater 1048 management requirements, then these criteria should 1049 be considered in conjunction with those requirements. 1050 1051 iii. Larger scale adaptation measures may require the use 1052 of stormwater calculations to ensure these criteria are 1053 met. 1054 1055 iv. Any impacts on the management of stormwater upland 1056 of the Resource Protection Area created by the use of 1057 fill shall be mitigated, as necessary. 1058 1059 d. The use of fill for an adaptation measure shall not 1060 negatively impact septic systems and drainfields located 1061 within the RPA. Where present, the proximity of the 1062 adaptation measure using fill should be considered such 1063 that the fill will not interfere with the proper function or 1064 maintenance of either of these features. 1065 1066 e. The use of fill shall be consistent with any applicable local, 1067 state, or federal floodplain requirements including 1068 regulations found in Title 40 CFR Part 60. The allowance of 1069 fill under these provisions does not negate those 1070 independent requirements. 1071 1072 6. The preservation of existing natural vegetation shall be 1073 maximized, including mature trees, and land disturbance 1074 consistent with design specifications shall be minimized. 1075 1076 7. Adaptation measures shall comply with all federal, state and 1077 local requirements, including any required permits and 1078 conditions such as the need for a Water Quality Impact 1079 Assessment. 1080 1081 8. Nothing in these provisions shall be construed to authorize 1082 approval or allowance of an adaptation measure in 1083 contravention of floodplain management requirements set 1084 forth in the Flood Plain Ordinance [Appendix Kl of the Code of 1085 Virginia Beach. 1086 1087 (bd) On agricultural lands, the agricultural buffer area shall be managed to 1088 prevent concentrated flows of surface water from breaching the buffer 1089 area, and appropriate measures may be taken to prevent noxious 1090 weeds from invading the buffer area. Agricultural activities may 1091 encroach into the buffer area as follows: 1092 1093 1. Agricultural activities may encroach into the landward fifty (50) 1094 feet of the buffer area if at least one (1) agricultural best 1095 management practice is being implemented on the adjacent 1096 land and such best management practice, in the opinion of the 1097 Virginia Dare Soil and Water Conservation District board, 1098 addresses the predominant water quality issue (either erosion 1099 control or nutrient management). In such cases, the 1100 combination of the undisturbed buffer area and the best 1101 management practices shall achieve water quality protection, 1102 pollutant removal, and water resource conservation at least 1103 the equivalent of the minimum one hundred (100) foot buffer 1104 area. If nutrient management is identified as the predominant 1105 water quality issue, a nutrient management plan, including soil 1106 tests, must be developed consistent with the Virginia Nutrient 1107 Management Training and Certification Regulations (4 VAC 5- 1108 454VAC50-85) administered by the Virginia Department of 1109and ReGreatien. 1110 2. AgFeGU!tuF@l -aGtiVities- may eRGFeaGh With R the IandW,r 1111 seventy five (75) foot of the buffer area when agricultural boot 1112 maRageman; pFaGtices w iGh adds eFOSiOR Gent„�k 1113 nutrient management, and pest GhemiGal Gentrol are be+'Pg 1114 6mplerrnenzed on the-adjaGent land The eFeSieRr-Ee,ntir�-; 1115 practices must preveRt eresieR from eXGeeding the se'! loss 1116 teleraRGe level, referred to asTas define iR the "Natae 1117 Soil Survey Handbook" f November 1996 OR the Field Office 1118 TeGhn;Gal Guide" of the U.S. oepartMentT of °gFOGUII r� 1119 Natural—Re o:r^e GORservatienr Se iGe.A nutrme-^,t 1120 manageme ter, inGludireg soil tests, must be-develep 1121 Eens+sfent v .tthh the Vi gi is NUtFieat-Maaageme ft TFaipiRg 1122 1123 the Virginia department of GenseNatien and Recreation In 1124 1125 buffer area this Gelleetien of host management r astises shall 1126 fie 'resumed te-aGh+eve v�ater quality nr„te ti n at thG 1127 1128 feet buffer area Agricultural activities may encroach within the 1129 landward 75 feet of the 100-foot wide buffer area when 1130 agricultural best management practices which address 1131 erosion control, nutrient management, and pest chemical 1132 control, are being implemented on the adjacent land. The 1133 erosion control practices must prevent erosion from 1134 exceeding the soil loss tolerance level, referred to as "T," as 1135 defined in the "National Soil Survey Handbook" of November 1136 1996 in the "Field Office Technical Guide" of the U.S. 1137 Department of Agriculture Natural Resource Conservation 1138 Service. A nutrient management plan, including soil tests 1139 must be developed, consistent with the Virginia Nutrient 1140 Management Training and Certification Regulations 1141 (4VAC50-85) administered by the Virginia Department of 1142 Conservation and Recreation. In conjunction with the 1143 remaining buffer area, this collection of best management 1144 practices shall be presumed to achieve water quality 1145 protection at least the equivalent of that provided by the 100- 1146 foot wide buffer area. 1147 3. The buffer area shall not be required to be designated 1148 adjacent to agricultural drainage ditches if at least one (1) best 1149 management practice which, in the opinion of the Virginia 1150 Dare Soil and Water Conservation District board, addresses 1151 the more predominant water quality issue on the adjacent land 1152 (either erosion control or nutrient management) is being 1153 implemented on the adjacent land. 1154 1155 (6) Water quality imna^t assessment A water quality impact assessment shall 1156 be required for 'within proposed land—list nc� devele�ent er 1157 redevelopmentt-within the-ReseuFGe Protection Area ^nnsistent with this 1158 eeuGtiOn-and for aRy ether—development iR Chesapeake Bay Presep',atieR 1159 Arens- that may warrant SUchi assessment beEause of the unique 1160 c-haraEteras#Es of�sate OF iRtennit„ the prepesed use ^r de„el�TeRT 1161 1162 (a) The nuirpese of the water quality impact assessment is to identify the 1163 irnpaGtS of prepesed development on water quality and lands within 1164 ReseuFGe Rroteotien Areas Gensistent with the goals and ebje^tiVe of 1165 the AGt add thisordinanGe, and to dyermiRe sp ifcrriG measures for 1166 mitigation of these imparts 1167 (b) The water quality impaGt assessment shall be Of SUffiGieRt speGifiGity W 1168 1169 (G) mazer quality impact assessments shall undertaken in aGGGFdaRGe 1170 with the requirements set forth in Section 107/r\ of this ordinance 1171 1172 (6) Water quality impact (WQIA) and resiliency assessments as set forth in 1173 Section 105 of this ordinance shall be required for any proposed land 1174 disturbance, development, and redevelopment during the plan of 1175 development or other project review process in the RPA. The resiliency 1176 assessment shall be submitted as part of the WQIA 1177 1178 (C) Buffer restoration standards. The following standards shall apply in cases in 1179 which buffer restoration is required pursuant to the provisions of this Ordinance 1180 as a result of development within a Resource Protection Area: 1181 1182 (1) For new impervious cover: 1183 1184 (a) Buffer restoration of an area equal to two (2) times the proposed 1185 impervious cover in the Resource Protection Area shall be provided. 1186 The City Manager, their designee, or Board, as the case may be, shall 1187 allow a lesser area of buffer restoration if the property owner 1188 demonstrates that site conditions or limitations sariiot i treatment 1189 metheds are such that a lesser buffer restoration area will adequately 1190 protect water quality; 1191 (b) Buffer restoration shall contain the full complement of vegetation that 1192 includes shade trees, understory trees shrubs and ground cover, 1193 whether the ground cover is vegetation, leaf litter, or mulch consistent 1194 with the guidance found in the Buffer Manual. 1195 (bc) Pool water surface, decks, pavers and gravel driveways shall be 1196 considered impervious for buffer restoration calculations; 1197 (G) in eccerda„ee with the Virginia Department-Of-Gensen ati n and 1198 Recreati$n, Chesapeake Bay Lecal AssistanGe"Ripariarl Buffer 1199 and 1200 all further—arnendMeRtS therete—a� of,---ed+tiGRS there^ farce 1201 Manual), in order for the buffer to f„n^tien as i.++...,ded it shall contain 1202 the full vOmr.lemeRt of yege+atien that ingl„dec shade trees tARderctery r...... v cg crcrri v i i m crrrr-rc,ucrco�-Haut-rrcc-szrrracrv-cv r� 1203 trees shrubs, andground—sever,whether the ground cever-Es 1204 vegetat+eo, leaf- litter, Or mtrlGh. The GOrnposition—ef the buffer 1205 restoration area shall be per Appendix B,Table ArT of the GuidanGe 1206 Manual; 1207 (d) Salt and flood tolerant plant species shall be planted below the five-foot 1208 contour to ensure greater survival of the plantings; 1209 (e) Trees shall not be planted within fifteen (15) feet of the shoreline where 1210 such planting would result in marsh shading or interference with the 1211 integrity of shoreline structures; and 1212 (f) Buffer restoration shalt he lesa edOn the-ReseuFGe PFete Ginn Area, 1213 iRGItrding iR areas eGGU Fed h� eF whr imperyietis ^eve-F i 1214 re mne vev. Te t h e extent p ess i b l e, SUGh restoration shall al bbe-lecatee . 1215 the-fifty-feet seawardpert en ef the buffer. The wit Manager may 1216 require-a site-evaluatiOR is determine theleGatmen and—extent 1217 vegetat+eR Reed e d fa- to meet this egtr+re '_''t where spec+f osite 1218 ^iondrtiens warrant irl Gludin hilt g net limite l to fho nrecen^e of steep 1219 `lopes and evicting vegetation reG.......mmended for buffer in Appendix 1220 1221 (gfl All trees, plants and groundcover, required as buffer restoration shall 1222 be maintained and not removed or allowed to revert to turf. 1223 1224 1225 where GGRstFUotien disturbs vegetation in the ReseurGe PreteEti )R Area, 1226 SUGh vegetatien shall he renlaGed and may he renla Ged in Lind; nreyided 1227 that trees shall net be within fifteeR (15) feet eff the shoreline 1228 SUGh planting weld result in march shading er interference with the integrity 1229 of chere!one ctni^ti,rec 1230 1231 Sec. 107. Plan of development process. 1232 1233 Any development or redevelopment in the Chesapeake Bay Preservation Area 1234 shall be accomplished through a plan of development process consistent with Section 1235 15.2-2286(8) of the Code of Virginia. Approval shall be rendered for a plan prior to 1236 commencement of any land-disturbing activity on site or the issuance of any building 1237 permit. Plans and information required under this section may be coordinated or 1238 combined as deemed appropriate by the City Manager or their designee. All information 1239 required in this section shall be drawn to the same scale as the preliminary site plan or 1240 final subdivision plat,and certified as complete and accurate by persons duly licensed by 1241 the Commonwealth of Virginia to practice as such. Any applicant, or potential applicant, 1242 may confer with such departments and other agencies of the Gcity as may be appropriate 1243 concerning a genefal development or redevelopment proposal before submission of an 1244 application. Such conference shall not be construed as an application for approval of such 1245 proposal. 1246 1247 (A) GeneFal n of development process haying a construction footprint 1248 exceeding two thousand five hundred (2,500) square feet in a Chesapeake Bay 1249 Preservation Area. Except as otherwise provided herein, the plan of 1250 development process for aft development or redevelopment in a Chesapeake 1251 Bay Preservation Area, except development or redevelopment requiring an 1252 administrative variance pursuant to Section 110(B), shall consist of the plans 1253 and information identified below: 1254 1255 (1) A site plan or a subdivision plat which meets the requirements of the Site 1256 Plan Ordinance j(Appendix C)1 or Subdivision Ordinance j(Appendix B)L 1257 the Code of Virginia Beach, as the case may be, and which clearly 1258 delineates the following environmental features: 1259 1260 (a) The components of the RPA and RMA boundaries as identified during 1261 the site-specific CBPA determination conducted pursuant to Sec. 1262 102(B) of this ordinance, and the location of the following features: 1263 1264 (a14 Tidal wetlands; 1265 (b2.) Tidal shores Nontidal wetlands connected by surface flow and 1266 contiquous to water bodies with perennial flow; 1267 3. Tidal shores; 1268 4. Water bodies with perennial flow; and 1269 12704 NeRtidal . the Ierat rd,en an extent of��ihirh shall he rdeterminerd , 1271 anneri-lanse with the nreserduFes spenified in the United States Derr, ......... ............ ..rc„--c,-rc-prvvca�,-vT.�pcc„-rca�mrr�vrrrcca s 1272 Of Eng nee,6' eland De-lineation-Manual, TeGhRiGal Report Y 87 1, 1273 danu,ary 198' Final Repent and the Regienal Supplement to the Arm 1274 Gera of €ngiReers W la d--Belineatisn Manual; otlantiG and (Q„lf 1275 Coastal Plain-Regfef FPnr�;;-;020 as FeStFiGted by SeGto 1276 of this, QrdinanGe; 1277 (d) Highly eFedihle soils; anld 1278 (e5.} A buffer area not less than one hundred (100) feet in width 1279 and located adjacent to and landward of the components 1280 listed above.-- 1281 1282 land GE)MpFised-of highly Fedihl,,,,e sois 1283 2. Any IaR—adjnini tidali—wetlandsi, tidal sheFe6, 'jai 1284 .:etland6 9F highly1285 3. Any land--adfeaning bsth sides of any—waterhedies with 1286 perennial flow, 1287 1288 (2) A landscape plan which delineates or complies with the following: 1289 1290 (a) The location, size, and description of existing and proposed plant 1291 material. All existing canopy trees and understory trees on the site of 1292 six (6) inches or greater diameter at breast height shall be shown. 1293 Where there are groups of trees, stands may be outlined instead, 1294 except for mature trees, which shall be individually identified. The 1295 location and specific number of mature trees, canopy trees, and 1296 understory trees to be preserved on the project site shall be indicated 1297 on_the_plan. Mature trees, canopy trees, and understory trees and other 1298 vegetation to be disturbed or removed to create a desired construction 1299 footprint shall be clearly identified. Mature trees shall be protected 1300 during development and only removed where necessary, including to 1301 provide for the proposed use or development. The spenifin n„mher of 1302 SUGh trees to he pre6epiei-1 eutsiite er within the nenstr„ntien feetnrint 1303 shall ke—iedfsated en the plan. TFee_ces and plants tee be dli ,rho 1304 1305 delincnReated. 1306 1307 (b) A description of the proposed measures for mitigation shall include (i) 1308 a replanting schedule for trees and other vegetation removed for 1309 construction, including a list of plants and trees to be used; (ii) a 1310 demonstration that the design of the plan will preserve to the greatest 1311 extent possible mature trees, canopy trees, understory trees afly trees 1312 and vegetation on the site and will provide maximum erosion control 1313 and overland flow benefits from such vegetation; and (iii) e 1314 demenstratien that existing plants ere to he used to the greatest extent 1315 Vie. A demonstration that where the planting of new trees or 1316 vegetation is required, native species will be used to the greatest extent 1317 possible. If no mitigation or planting is required, existing trees may be 1318 delineated on the site plan or subdivision plat. 1319 1320 (bc) A delineation of any required buffer area and specification of any plant 1321 material to be added to establish or supplement the buffer area. Trees 1322 should be used for mitigation and supplementation of the buffer area to 1323 the extent practicable and as appropriate to the site conditions and 1324 project specifications. Native species will be used to the greatest extent 1325 possible. 1326 1327 (sd) Within the buffer area, identification a designati of the trees to be 1328 removed for sight lines, vistas, access paths and best management 1329 practices, and specification of any vegetation replacing trees to be 1330 removed from the buffer area. 1331 1332 (de)A designation of the trees to be removed for shoreline erosion control 1333 sfahil atio projects and any replacement vegetation. Mature trees 1334 shall be preserved and trimmed or pruned in lieu of removal as site 1335 conditions permit. Any removal of mature trees should be limited to the 1336 fewest number of trees feasible. 1337 1338 (efl A depiction of grade changes or other work adjacent to trees which 1339 would adversely affect them. Specifications shall be provided as to how 1340 grade, drainage, and aeration would be maintained around trees to be 1341 preserved. Specifications shall also be provided for the protection of 1342 existinq trees and vegetation during site work and all phases of 1343 construction. 1344 1345 (fg) A description of the limits of clearing of existing vegetation, based on 1346 all anticipated improvements, including buildings, drives, and utilities; 1347 and GpeGifiratieps fer the prefer}inn of existing trees rduFing rlearing r__..._�a..r..., .... a..., N.vavvuv�� van.y , 1348 grading and all phases of renstrurtiep 1349 1350 (gh)All supplementary or replacement plant materials shall be in a healthy 1351 condition. Plant materials shall conform to the standards of the most 1352 recent edition of the American Standard for Nursery Stock, published 1353 by the American Nursery and Landscape Association, and shall be 1354 installed according to standard planting practices and procedures. 1355 1356 (#i) Where areas to be preserved are encroached upon, replacement of 1357 existing trees and other vegetation shall be achieved at a ratio of three 1358 (3) trees planted to one (1) tree greater than six (6) inches diameter at 1359 breast height removed, or by such other measures as in the judgment 1360 of the City Manager will adequately compensate for the removal of such 1361 trees and other vegetation. Replacement trees shall be a minimum two 1362 (2) to two and one-half(2Y2) inches caliper at the time of planting. 1363 1364 (3) An erosion and sediment control plan and stormwater management plan 1365 meeting the requirements of the provisions of the Erosion and Stormwater 1366 Management Ordinance, (Appendix Dl of the Code of the City of Virginia 1367 Beach. eentaaning maps, G#arts;graphs, tables, raphs narrative 1368 dessFiPTio„�s, explanatie s, and suppeFtiRg refeFeR . of a minimum the 1369 ste Fmwater management plan shall rentain the fell eaaii pg• 1370 1371 (a) LOGatien Rd de6ig„ o all l planned st eterGGnt�QavTGe-,. 1372 1373 (mob)) Preeedures fc.F RGRStFustural sermwateF (Gn4rn 1374 Y FaGt'Ges and tonhnique-s 1375 1376 (G) A long-terrn SGhedule-feFiRspectiian andrnaiRten,aRGe of stermwater 1377 1 378 (Appendix n) 1379 1380 (d) A rna'Rtenanne agreement s deemed nenessary and apprenria h" �...� .��.., .....��.,.��..�a9 ccn rc�i�"a-.� a cc��i cmTcccv.ra 1381 the Gity Manager to ensyFe proper maintenaRGe of best maRagement 1382 nrortiGes in order to GnntiRue their funn}innc 1383 1384 1385 loadings with suppertinn rdoGuimentetien of all utilized coefficients —Ainrd 1386 1387 [Appendix nl 1388 1389 For stermwater maRagement facilities,;verifiGation Of StF;L]GtUra 1390 SGURdReSS, w iGh-hall be Gef#if+ed haprefess'enal, l e;gineeF.A4 1391 engineering Galc-ulat+eRS shall he performed OR-areeerdanGe with the 1392 Dublin ` VeFks Design Standards Manual aR d the n..rrent erditieR of the 1393 ViFginia Stormwater Management Handbook and Virginia Bea 1394 Ctnrm\e,oter Management (lr/din +one 1395 1396 (g) -SUGh additional elements as are-regHired tie be-GeRtaiRed on a 1397 1398 aGtiVities by the Stermwater Management QrdiRaRGe [Appendix nl 1399 1400 (4) An any sedimeRt Gentrel plan meeting the requirement of the 1401 1402 . A water quality impact 1403 assessment (WQIA) and resiliency assessment for any development 1404 redevelopment and associated and disturbance within the RPA per Section 1405 105 of this ordinance. 1406 1407 (B) Aelmini-st alive variapGe elan of eleveleement Plan of development 1408 process for proiects having a construction footprint less than two thousand five 1409 hundred (2,500) square feet in a Chesapeake Bay Preservation Area. Except as 1410 otherwise provided herein, the plan of development process for any use, 1411 development or redevelopment in a Chesapeake Bay Preservation Area 1412 rent iirinn en administrative yaFiaRGe shall consist of a physical survey or site plan 1413 meeting the applicable requirements set forth in Sec 4(A) and 4(B) of the Site 1414 Plan Ordinance [(Appendix C)] of the Code of Virginia Beach, imlacc deemed 1415 unneGeSSary by the City MaRagcr, which shall contain the plans and information 1416 identified below: 1417 1418 1419 anrd staging areas 1420 1421 (2) I GGatirin of all onnreverd evicting old nrr)nr� erd entire taR nrd .dr infielid ��� �..... ..... c�T-a-rr�crpFro u�a-c�cr:.�Tri iy ar,a�rvpv�ca�cpTrc-r urra--armr�rrcn� 1422 1423 wells aR d utilitiec 1424 1425 (3-)-- LE)Ga OE)R--e#all eFOS;Gn and sedimentGE)RtFOId,e ,i�eT 1426 1427 1428 ;n a lawful manner 1429 1430 (5)—The total arneURt Of-iFnpeNiOUS s rfaGe PFOposedforthe site. 1431 1432 1433 Glearinry gFa din„ aold all phases Of. ,.+FIAGtie 1434 1435 (7) Reye`vetatlon cnherdwle 1436 1437 (8) Best managemeRt 'raGtiGes-. 1438 1439 9) Eyirdenr�e that all,applisable w�Eands pemmits required by law have been v r=v ra crro� 1440 ebtaing��^r to autheFizatien of !molding or other on site ntivities shall he r.. c�rrr� crcrtrrm�zcrrr.�rrc+r9racrrrry �l��TfTGT'OlT'�Tl�. Q•GTfYT['IV�7�1'lL�7Tpr.. 1441 p revide4- 1442 1443 (1 Q) Irde4finotinn of the Resew% Pre-ter.tien Area. 1444 1445 (1) The components of the RPA and RMA boundaries as defined in subsection 1446 (A)(1) above. 1447 1448 (2) A landscape plan as described in the subsection (A)(2). 1449 1450 (3) An erosion and sediment control plan meeting all applicable provisions of 1451 the Erosion and Stormwater Management Ordinance [Appendix DI of the 1452 Code of Virginia Beach. 1453 1454 All such plans shall be required unless deemed unnecessary by the City Manager 1455 or their designee. Additional information shall be requested and reasonable and 1456 appropriate conditions shall be imposed by the City Manager or their designee, if 1457 necessary, to preserve the purpose and intent of this Ordinance. 1458 1459 (C) Water quality impact assessment and resiliency assessments. Water quality 1460 impact and resiliency assessments as set forth in Section 105 of this ordinance 1461 shall be required for proposed land development during the plan of development 1462 or other protect review process in the RPA. The purpose of water quality imna+nt 1463 assessmentis te�i) identify the , . tially adverse impaGtS ef�f PFE)pGS 1464 develepment on water quaky and Iands within Chesapeake Bay PFeSeFVatiGR 1465 Areas; (+i) ensure that, where use deyelepmon+ or redevelopment + keS PlaGe 1466 Within Chesapeake Roar Dresepia+inn Areas it will he Inoated on these portions 1467 A-f -A Site -and On a Manner that will be least disruptive to the RatUFal fWRGtiGRS G 1468 1469 aveed,- f mnimize-or Mitigate the impacts of development, fti��� qua;ny 1470 p reteEtFen. 1471 1472 A water quality--if pact assessment shall be required (i) for any use land 1473 1474 1475 110 of thus rdenaRGe;or (av) where a water naGt asseSSMeRt iS 1476 deemed neGessary by the City Manager to evaluate the potential impaGtS of the 1477 1478 Area by reason of the unique Gha aGteFistiGS of the siteor the intensity,of the 1479 prepesed use or development 1480 1481 (1) Administrative vaFianGe water quality impaGt assessment. The water quality 1482 +rnpaGt assessment for any administrative vaFianEe shall�,,,Gl e a ate 1483 drawing to-sEale whiGh shows the-feaIOWing, Unless one (1) or mere ,, h 1484 eleMeRts shall, in the judgment of the City Manager, net be reasonably 1485 necessaryy; deteFMiRing-the irnpaGt of the proposed use, deyelnnmon+ nGl r 1486 redevelopment: 1487 1488 (a) I noa+inn of the sorrapenents of the Rese„rne Dreter+inn Area innl„rdinn �u .... ...�� ..� u,�. ..... ,Nv„a.,,w aa,va.. van.vuvrr , 1489 the buffer area 1490 tbLeoatien-and nature of the nrepesedevolopment into the buffer area, 1491 6 nGluding: type ef paving material; areas Of GleaRiRg or grading; IGGatiGR 1492 of any StFUGtures,dries or ether- impervious Gover; and sewage 1493 disposal systems or reserve rlrainfielyd sites 1494 (G)—Type and lecatien of proposed best managemen+fie+ 1495 1496 (2) The fellowiRg elements shall be iRGluded on a water quality assessment fe 1497 all uses development or redevelopment whiGh do net --satisfy the 1498 1499 eleme1 nts shall, in the judgment of- the-Qty Manager, no t 1 C��1h1 QI 1500 1501 redevelopment: 1502 1503 (a) A dehReatien of envirenmen+ I features as set forth inSeettion 1504 107(A)(1) of this QrdinaRGe; 1505 b1 A IandSGape plan as set forth in Centinn 407(A)(2) of this QFdiRaRGe• { T� c i a,ram ocrp c�plan vv�vrn�--rrvcc. Tvrc^T 1506 (G) A stormwafer management plan asp t forth veGfien 107(A)(2) of+h's 1507 QrdiRaRGe; and 1508 d) A ti narrave that= 1509 1510 1—De6erib8G the exi6cing topegFaphy, coil inform..}inn innl,i/Jin 1511 1512 1513 if ReGessar., dFai age pattorn6 from d aGeR} laR d6; the n of }h pmpese d ideyeloomon} OR 5 4 2:—Ds-s�r+�es—R,�iFa�,as�#s �,�e�,-o,������,�T�,r-o.-� 1515 1516 1517 3. Bnrnribes petep}ial adkierse impa GtG E)n wetlands; 1518 1519 eXGavatieR and fill Fnaterinim it +,on o 1520 5---des-, fer -a-r�water-d-edent-aGtiy, }hR, le� f, 1521 and--peteRtial adveFse-Fnpac-ts upon shellfish beds-, 1522 submerged an, atin vegetation nn/d fir•h spawning aR d n,rrse Fy 1523 aFeas; 1524 6m Lmsts all federal, and IGEal peffnitS FequiFed for the 1525 development of the tL' Q , 1526 7 DeSGribes the pmpe6ed mitigation Fnea6UFes for the petential 1527 1528 1529 (D) Performance and bonding requirements. 1530 1531 (1) No approved plans required by this Section shall be released until the 1532 applicant provides performance bonds or other form of surety acceptable to 1533 the City Attorney, provided, however, that when the occupancy of a 1534 structure is desired prior to the completion of the required landscaping, 1535 stormwater management facilities, or other specifications of an approved 1536 plan, a building permit and certificate of occupancy may be issued if the 1537 applicant provides to the City of Virginia Beach a form of surety satisfactory 1538 to the City Attorney in an amount equal to the estimated cost of construction, 1539 related materials, and installation costs of the required landscaping or other 1540 specifications and maintenance costs for any required stormwater 1541 management facilities. 1542 1543 (2) All required landscaping shall be installed as approved by the end of the 1544 first planting season following issuance of a certificate of occupancy or the 1545 surety shall be forfeited to the City. 1546 1547 (3) All required stormwater management facilities or other specifications shall 1548 be installed and approved within eighteen (18) months of project 1549 commencement. Should the applicant fail, after proper notice, to initiate, 1550 complete or maintain appropriate actions required by the approved plan, the 1551 surety may be forfeited to the City, which may also collect from the applicant 1552 the amount by which the reasonable cost of required actions exceeds the 1553 amount of the surety held. 1554 1555 (4) After all required actions of the approved plan have been completed, the 1556 applicant shall submit to the City Manager a written request for a final 1557 inspection. If the requirements of the approved plan have been completed, 1558 such unexpended or unobligated portion of the surety held shall be refunded 1559 to the applicant or terminated within sixty (60) days following the receipt of 1560 the applicant's request for final inspection. 1561 1562 (5) Prior to the issuance of any grading, building or other permit for activities 1563 involving site development activities, the applicant shall furnish to the City a 1564 reasonable performance bond, cash escrow, letter of credit or other legal 1565 surety, or any combination thereof acceptable to the City Attorney, to ensure 1566 that measures may be taken by the City, at the applicant's expense, should 1567 he fail, after proper notice, within the time specified, to initiate or maintain 1568 appropriate conservation action which may be required of him as a result of 1569 his site development. 1570 1571 Sec. 108. Nonconforming buildings and structures. 1572 1573 (A) Any use, building or structure which lawfully existed on the date of adoption of this 1574 ordinance and which is not in conformity with any one (1) or more of the provisions 1575 of this ordinance, and any use, building or structure which lawfully exists on the date 1576 of adoption of any amendment to this ordinance and which is not in conformity with 1577 such amendment, shall be deemed nonconforming. 1578 1579 (B) Nothing in this section shall be construed to prohibit the reconstruction or restoration 1580 of any nonconforming building or structure which is destroyed or damaged by reason 1581 of casualty loss, provided that the area encompassed by such building or structure, 1582 as reconstructed or restored, is not extended or enlarged. 1583 1584 (C) A principal structure on a legal nonconforming lot may be modified or expanded 1585 under the AdMinistFative VaFiaRG exception procedures of Section 110(B) of this 1586 Ordinance provided that: 1587 1588 (1) The finding as 1589 required in 110N of this ordinance are met. 1590 1591 (2) Any develepmeRt eF-Iar d diGt Fbanno eXGee Jinp�e�ousand five hundFed 1592 (2,5 I) square feet GE)Mplie6 with II erns-ion and s•`7ediment nnn+rel requiromontc 1593 This provision shall not apply to accessory structures. 1594 1595 Sec. 109. Exemptions. 1596 1597 (A) Exemptions for P6119IRG faGilites rail roads, public utilities, and public facilities. 1598 1599 k4-) Construction, installation, operation and maintenance of electric, natural gas, 1600 fiber optic, and telephone transmission lines, railroads, public roads and their 1601 appurtenant structures in accordance with (i) regulations promulgated pursuant 1602 to the Virginia Erosion 1603 62.1 44.15:51 et sen.) and the Stormwater Management Act (Code of Virginia, 1604 Section 62.1-44.15:24 et seq.); (ii) an erosion and sediment control plan and a 1605 stormwater management plan approved by the Virginia Department of 1606 Environmental Quality; or (iii) ;cva water quality nriteria at least as stringent as 1607 The state regwiremente will be deemed to be exempt from the provisions of this 1608 Ordinance, provided such facilities and appurtenant structures comply with all 1609 requirements of 1610 1611 n+c of thin eFdonanne and the Erosion and Stormwater Management 1612 Ordinance j{Appendix D)l of the Code of Virginia Beach. Exemptions for public 1613 roads shall also be subject to the following conditions: 1614 1615 (a) The road alignment and design are optimized and consistent with other 1616 applicable requirements to prevent or otherwise minimize (i) 1617 encroachments into Resource Protection Areas and (ii) adverse effects on 1618 water quality. 1619 1620 (b) Such appurtenant structures shall include, but are not limited to, bridges, 1621 guard rails, lighting and traffic-control devices, fences and berms. 1622 1623 (2c) Roads or driveways not exempt from the provisions of Section 109(A)(1) 1624 may be constructed in or across Resource Protection Areas 1625 1626 1627 (3) Construction, installation and maintenance of water, sewer, cable and natural 1628 gas lines and s+nrm dFainc and their appurtenant facilities, owned or permitted 1629 by the City, a licensed public utility or a regional service authority, that are an 1630 essential but incidental component of public water and sewer projects, shall be 1631 exempt from this ordinance provided that: 1632 1633 (a) To the degree practicable, the location of such utilities and facilities shall be 1634 outside Resource Protection Areas; 1635 1636 (b) No more land shall be disturbed than is necessary to provide for the 1637 proposed utility installation; 1638 1639 (c) All construction, installation, and maintenance of such utilities and facilities 1640 shall comply with all applicable state and federal requirements and permits 1641 and shall be designed and constructed in a manner that protects water 1642 quality; and 1643 1644 (d) Any land disturbance exceeding an area of two thousand five hundred 1645 (2,500) square feet complies with all requirements of Article 3 of Chapter 30 1646 of the Code of the City of Virginia Beach (City Code Sections 30-56 through 1647 30-78). 1648 1649 JB-1 Exemptions for silvicultural activities. SilViGUltuFal aGti hies shall he exempt from the 1650 requiFements of this ordiRanGe provided that SLIGh aGtmV!ties Gemply with water quality 1651 1652 1997 edition of the " 1653 T-eGhniGal Guide." "Silvicultural activities in Chesapeake Bay Preservation Area are 1654 exempt from this chapter provided that silvicultural operations adhere to water quality 1655 protection procedures prescribed by the Virginia Department of Forestry in the Fifth 1656 Edition (March 2011) of"Virginia's Forestry Best Management Practices for Water Quality 1657 Technical Manual" or subsequent version. The Virginia Department of Forestry will 1658 oversee and document the installation of best management practices and will monitor in- 1659 stream impacts of forestry operations in Chesapeake Bay Preservation Area. 1660 1661 (C) Exemptions for passive recreation facilities and archaeological activities. The 1662 following land disturbances in Resource Protection Areas shall be exempt from the criteria 1663 of this Section provided that they comply with the applicable standards set forth in Section 1664 110 (B) of this ordinance (i) water wells, (ii) passive recreation facilities such as 1665 boardwalks, trails and pathways, (iii) historic preservation and archaeological activities 1666 provided that they comply with subsection 1 and 2 of this subdivision. 1667 1668 (1) The plan of development process review set forth in Section 107 of this 1669 ordinance; 1670 (2) An erosion and sediment control plan meeting all applicable provisions of 1671 the Erosion and Stormwater Management Ordinance [Appendix DI of the 1672 Code of Virginia Beach, 1673 1674 (D) Exemptions for living shorelines. Living shorelines, as defined in section 28.2- 1675 104.1 of the Virginia Code shall be exempt from the requirements of Section 1676 106(B), including the requirements of a water quality impact and resiliency 1677 assessment set forth in Section 105 of this ordinance if the City Manager or their 1678 designee otherwise approves of the protect, determines the project minimizes land 1679 disturbance and maintains or establishes a vegetative buffer inland of the living 1680 shoreline, complies with the fill conditions in Section 106(B)(5)(c), and receives 1681 approval from the Virginia Marine Resources Commission approved Shoreline 1682 Protection Strategy in accordance with the Tidal Wetlands Guidelines or the local 1683 wetlands board as applicable. 1684 1685 Sec. 110. Variances and exceptions. 1686 1687 (A) General requirements. Applications fer varianne reguesting relief from any of the 1688 pfevis+ens Section 106, Performance Standards of this ordinance shall be made in 1689 writing and filed with the City Manager or their designee. Relief from Section 106(A), 1690 General performances standards for development or redevelopment requires review 1691 by the City Manager or their designee whereas relief from Section 106(B) 1692 Development Criteria for Resource Protection Areas requires review by the Board. 1693 Ste-- Applications for both shall identify the following: potential iFnpaGtS of the 1694 1695 1696 the provisions of thin eFdinanne 1697 1698 (1) The proposed project and the specific performance standards from which the 1699 applicant is requesting relief, and a description of the reason or need for relief. 1700 1701 (2) No application for relief from Section 106 of this ordinance shall be considered 1702 complete where a water quality impact and resiliency assessment, as outlined in 1703 Section 105 has not occurred or the proposed adaptation measure allows for fill 1704 in the RPA in contravention to the requirements of subsection 106(B)(5)(c) of this 1705 ordinance. 1706 1707 (B) Adm44istFati & Exceptions. The City Manager or their designee shall 1708 approve or deny any request for an exception pursuant to the 1709 criteria set forth in Section 106(A) of this ordinance an adminTi6tFa ive vaF;a after 1710 receipt of a complete application. 1711 1712 Exceptions may be granted only for 1713 uses, development or redevelopment described in Section 106(A) unless otherwise 1714 identified in the-ordinance.-. 1715 1716 (1)-T1eGrtteR 06(B)(2)jRa \for water wells, passive ronro�+tinn fa Gilities and hint rip O,7��71�T-7917TGTPTGT7D��T�7rPc-rccT 1717 1718 1719 1720 1, 1989anddaruary 1 1 2004 wheFe appliG,tinn eF Fe erneRt would 1721 reGult in the Incc of a buildable let and moot the nriteria+ en„meFated; 1722 1723 (3) Sentinn 1065( ) (5) fnr tight lines nnoess paths neneFal wee dlnt manar..+.+++.+t 1724 and�ct�Tagement rP1Faat+Ee6i aPA 1725 1726 1727 1728 M The review process for exceptions shall be as set forth in Section 107 of this 1729 ordinance as applicable to the request. No request for an exception ad-minictretiye 1730 ���r�.,, e to the requirements of Section 106(A) shall be granted under this subsection 1731 unless the City Manager or their designee makes all of findings required in subsection 1732 (H) hereof. The Gity Mano_ne_r may establish c,,nh reyie��i nnlinie� 6 he deemo expedient ....) ........ . ... a�JTCfIJTI�I 1 a�rorrr� cw-,vmrv*c�iT�c oc c expedient ------ 1733 in effe Gtuatinn the intent of this nrr♦inanne 1734 1735 (a) In approving an application, Tthe City Manager or their designee shall, if 1736 warranted, include additional reasonable and appropriate conditions that will prevent the 1737 degradation of water quality. The City Manager or their designee shall record both the 1738 request and #+s the adMinistrati.,e decision in a public access file to be maintained for 1739 one (1) calendar year. The plan of development nro^ess for review of adMin; tFatiye 1740 ^ luests shall he as set forth OR Section 107 (B) of this ordinan^e 1741 1742 The-app"Gant shall Gaase to be posted OR the prGpeFty W ish is the subject E)f the 1743 1744 1745 pmpeFty and withiR teR (10) feet ef any bedy ef wateF 9F wateRvay less thaR five hundred 1746 (500) feet wide adjaiRiRg the pmpeFty. SUGh SigR shall state the RatLIFe of the aPPliGatiGR 1747 and shall be pested feF not less than fifteeR (15) days PFiE)F tG the time wheR aR appliGatiOR 1748 1749 1750 prior to the hearing he may deny or defer aGti^n en the pliGatien 1751 1752 (C) lea Variances. The City Manager or their designee shall review applications 1753 requesting relief from the requirements of Section 106(B), Development Criteria for 1754 Resource Protection Areas, and any other application for a variance, including all 1755 required application materials. The City Manager or their designee shall and. the 1756 water quality ;mn,^t assessment provide the Board with an evaluation of the 1757 application materials, including the potential impacts of the proposed variance, 1758 analysis of the findings, and such other information as may aid the Board in 1759 considering the application. No request for a variance from the requirements of 1760 Section 106(B) shall be granted under this subsection unless the Board makes the 1761 findings required in subsection (H) hereof. No such application shall be accepted by 1762 the City Manager or their designee unless accompanied by a nonrefundable fee in 1763 the amount of four hundred fifty dollars ($450.00). Such fee shall include all costs of 1764 notification and advertising. The City Manager or their designee shall transmit the 1765 application and supporting information and evaluation to the members of the Board 1766 and the applicant no less than five (5) days prior to the scheduled hearing on such 1767 application. 1768 1769 (D) Not later than sixty (60) days after the receipt of ae complete application, the Board 1770 shall hold a public hearing on such application. Notice of the time and place of the 1771 hearing shall be published twice in a newspaper having a general circulation in the 1772 City. The first notice shall be published no more than twenty-eight (28) days before 1773 the meeting and the second notice shall be published not less than seven (7) days 1774 before the date of the meeting. The cost of the public notice shall be charged to the 1775 applicant. 1776 1777 (E) The Board shall notify, by first class mail, all property owners adjacent to the subject 1778 property and each waterfront property owner across the waterway from the subject 1779 property, if the water body is less than five hundred (500) feet wide, of the public 1780 hearing at least five (5) days prior to the hearing. 1781 be GhaFged to the appliGaRt. 1782 1783 (F) In addition to the foregoing requirements, the applicant shall cause to be posted on 1784 the property which is the subject of the hearing a sign, of a size and type approved 1785 by the Board. One (1) such sign shall be posted within ten (10) feet of every public 1786 street adjoining the property and within ten (10) feet of any body of water or waterway 1787 less than five hundred (500) feet wide adjoining the property. Such sign shall be 1788 posted not less than fifteen (15) days from the public hearing and shall state the 1789 nature of the application and date and time of the hearing. Such signs shall be 1790 removed no later than five (5) days after the public hearing. In the event such sign is 1791 removed, obscured, otherwise rendered illegible or if the Board determines that the 1792 requirements of this section have not been met prior to the hearing, the Board may 1793 deny or defer the application. Any application deferred by the Board by reason of 1794 noncompliance with the posting requirements of this Section shall not thereafter be 1795 heard unless and until an additional fee in the amount of one hundred dollars 1796 ($100.00) is paid. 1797 1798 (G) The Board may make, alter and rescind rules for its procedures not inconsistent with 1799 the provisions of this Section; provided, however, that a quorum shall be not less 1800 than a majority of all of the members of the Board, and provided further, that the 1801 concurring vote of a majority of the members of the Board present and voting shall 1802 be required to grant any variance. 1803 1804 (H) No variance or exception from the requirements of Section 106 of this s#all ordinance 1805 shall be granted unless the designated authority Beard finds that: 1806 1807 (1) Granting the exception or variance will not confer upon the applicant any special 1808 privilege or convenience not accorded to other owners of property in 1809 Chesapeake Bay Preservation Areas who are subject to the provisions of this 1810 ordinance and are similarly situated; 1811 (2) The appl+sat+ea exception or variance is not based upon conditions or 1812 circumstances that are or have been created or imposed by the applicant or his 1813 predecessor in title; 1814 (3) The exception or variance is the minimum necessary to afford relief; 1815 (4) The YariaRee iG iR ha r+ rnese and intent of this this eFdinan n 1816 1817 E)F ethepwl6e-detFimental t The exception or variance is in 1818 harmony with the purpose and intent of this ordinance and is not of substantial 1819 detriment to water quality; 1820 (5) There is no net increase in nonpoint source pollution load; 1821 (6) Reasonable and appropriate conditions are imposed which will prevent the 1822 YaF*aRGe allowed activity from causing or contributing to a degradation of water 1823 quality; 1824 (7) Any develOpMeRt OF land disturhnnrVo o)cGeeding an area of two theu-cand- fnio 1825 hundFed (2,500) square feet shall GE)Mply with all appliGable eFE)6mE)R and 1826 6ediMeAt G9121#91 requirement6 1827 1828 (1) No request for relief from this Ordinance shall be considered complete where a water 1829 quality and resiliency assessment, as outlined in Section 105 of this Ordinance has 1830 not occurred or the proposed adaptation measure allows for the use of fill in a 1831 Resource Protection Area in contravention to the requirements of subsection 1832 106(5)(c)(5) of this Ordinance. 1833 1834 Sec. 111. Appeals. 1835 1836 (A) Any order, determination or decision made by the City Manager or any administrative 1837 officer in the administration or enforcement of this ordinance, including any decision 1838 on an application for a^ adMinic+r Board variance or exception, may be appealed 1839 by any person aggrieved by the decision to the Board by application filed with the 1840 City Manager within fifteen (15) days from the date of such order, determination or 1841 decision. Such application shall state with particularity the grounds of such appeal. 1842 Any application failing to do so shall be rejected by the City Manager. The filing of an 1843 appeal shall not stay any proceedings in furtherance of the action appealed from. 1844 1845 (B) The fees and notice requirements for appeals under subsection (A) hereof shall be 1846 as set forth in Section 110. 1847 1848 (C) Any party aggrieved of a decision of the Board may, within thirty (30) days of the date 1849 of such decision, petition the circuit court to review such decision. The procedure in 1850 such cases shall be as provided in Section 15.2-2314 of the Code of Virginia, as 1851 amended. No party having failed to appear at the hearing before the Board and object 1852 to the application at that time shall be deemed to be an aggrieved party; provided, 1853 however, that the City shall have standing to appeal any decision of the Board 1854 irrespective of not having appeared before the Board as otherwise required by this 1855 ordinance. 1856 1857 (D) The circuit court may affirm, reverse or modify any decision of the Board, and may 1858 impose any reasonable conditions in its judgment; provided, however, that no 1859 decision of the Board shall be disturbed unless the court shall find: 1860 1861 (1) The decision appealed from was based upon the erroneous application of the 1862 criteria set forth in subsection (G) of Section 110 of this ordinance or was based 1863 upon grounds other than those set forth therein; 1864 1865 (2) There was no substantial evidence upon which the Board could have made all 1866 findings required by subsection (GH) of Section 110 of this ordinance; 1867 1868 (3) The decision of the Board was plainly wrong; or 1869 1870 (4) The Board failed to impose reasonable and appropriate conditions intended to 1871 prevent the variance from causing or contributing to a degradation of water 1872 quality. 1873 1874 Sec. 112. Violations; penalties. 1875 1876 (A) A violation of any of the provisions of this ordinance shall be a misdemeanor 1877 punishable by a fine in an amount not exceeding one thousand dollars ($1,000.00) 1878 or confinement in jail for a period not exceeding twelve (12) months, either or both. 1879 1880 (B) {4-) Without limiting the remedies which may be obtained under this ordinance;i 1881 1882 M aAny person who violates any provision of this ordinance or who violates, fails, 1883 neglects, or refuses to obey any variance or permit condition authorized under 1884 this ordinance shall, upon such finding by the circuit court, be assessed a civil 1885 penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. 1886 Such penalties may, at the discretion of the court assessing them, be directed to 1887 be paid into the treasury of the City for the purpose of abating environmental 1888 damage to or restoring Chesapeake Bay Preservation Areas within the City, in 1889 such a manner as the court may direct by order, except that in the event the City 1890 or its agent is the violator, the court shall direct the penalty to be paid into the 1891 treasury of the Commonwealth. 1892 Without limit' the ro,.„,.,,,ies ��ihinh may be nhtn*n i FdonaRGe and �rritrtvac�rrrrrc��}��rr�rcFttCttlCO�m�vrr'rrraTa�vuca�rre�� cc�a'na 1894 wWith the consent of any person who has violated any provision of this 1895 ordinance, or who has violated, failed, neglected, or refused to obey any variance 1896 or permit condition authorized under this ordinance, the Board may provide for 1897 the issuance of an order against such person for the one-time payment of civil 1898 charges for each violation in specific sums, not to exceed ten thousand dollars 1899 ($10,000.00) for each violation. Such civil charges shall be paid into the treasury 1900 of the City for the purpose of abating environmental damage or restoring 1901 Chesapeake Bay Preservation Areas in the City, except that in the event the City 1902 or its agent is the violator, the civil charges shall be paid into the treasury of the 1903 Commonwealth. Civil charges shall be in lieu of any appropriate civil penalty that 1904 could be imposed under subdivision (1) of this subsection. Civil charges may be 1905 in addition to the coss_t of any restoration required by the Board. 1906 1907 (C) In addition to, and not in lieu of, the penalties prescribed in subsections (A) and (B) 1908 hereof, the City may apply to the Circuit Court for an injunction against the continuing 1909 violation of any of the provisions of this ordinance and may seek any other remedy 1910 authorized by law. 1911 1912 (D) Upon notice from the City Manager or his designee that any activity is being 1913 conducted in violation of any of the provisions of this ordinance, such activity shall 1914 immediately be stopped. An order to stop work shall be in writing and shall state the 1915 nature of the violation and the conditions under which the activity may be resumed. 1916 No such order shall be effective until it shall have been tendered to the owner of the 1917 property upon which the activity is conducted or his agent or to any person 1918 conducting such activity. Any person who shall continue an activity ordered to be 1919 stopped, except as directed in the stop-work order, shall be guilty of a violation of 1920 this ordinance. 1921 1922 Sec. 113. Severability. 1923 1924 The provisions of this ordinance shall be deemed to be severable, and if any of the 1925 provisions hereof are adjudged to be invalid or unenforceable, the remaining portions of 1926 this ordinance shall remain in full force and effect and their validity shall remain 1927 unimpaired. 1928 1929 Sec. 114. Vested rights. 1930 1931 The provisions of this ordinance shall not affect the vested rights of any person 1932 under existing law. 1933 1934 Sec. 115. Enforcement. 1935 1936 This ordinance shall be enforced by the City Manager or his designee, who shall 1937 exercise all authority of police officers in the performance of their duties. Such authority 1938 shall include, without limitation, the authority to issue summonses directing the 1939 appearance before a court of competent jurisdiction of any person alleged to have 1940 violated any of the provisions of this ordinance. 1941 1942 Sec. 116. Effective date. 1943 1944 This ordinance shall become effective on the first day of January, 1991; provided, 1945 however, that the amendments to this ordinance made on the tenth day of November, 1946 1992 shall become effective on the first day of January, 1993; and the amendments to 1947 this ordinance made on the 9th day of December, 2003 shall become effective on the first 1948 day of January, 2004; and the amendments to this ordinance made on the 19th day of 1949 August, 2025 shall become effective on the first day of September, 2025. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19th day of August 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )(;�W,,41,�,'J�_�- 0,,7tF,� Q Planning Department City Attorney's Office CA16086 R-6 August 7, 2025 28 ITEM— i!K.I PLANNING ITEMS ITEM#77446 The following registered to speak: Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971, Attorney for Applicant, spoke in SUPPORT Ben Jackson, 3092 Glastonbury Drive, Phone: 450-4738, spoke in OPPOSITION Greg Panza, 3088 Glastonbury Drive, Phone: 805-1490, spoke in OPPOSITION Upon motion by Council Member Henely, seconded by Council Member Berlucchi, City Council APPROVED, AS PROFFERED, application of FOODBANK OF SOUTHEASTERN VIRGINIA & EASTERN SHORE, INC.for a Conditional Change of Zoning from AG-1 & AG-2 Agriculture Districts to Conditional I-1 Light Industrial District re develop a warehouse/distribution center for the Foodbank at 3325 Dam Neck Road, Parcel Directly Southwest of 3325 Dam Neck Road & 3357 Dam Neck Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FOODBANK OF SOUTHEASTERN VIRGINIA & EASTERN SHORE, INC.for a Conditional Change of Zoning from AG-1 & AG-2 Agriculture Districts to Conditionall-1 Light Industrial District re develop a warehouse/distribution center for the Foodbank at 3325 Dam Neck Road, Parcel Directly Southwest of 3325 Dam Neck Road & 3357 Dam Neck Road (GPINs: 1495127948, 1495123916, & 1495122749) DISTRICT 2 The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Court 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 19`4 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 19, 2025 O FOODBANK OF SOUTHEASTERN VIRGINIA AND EASTERN SHORE, INC., a Virginia non-stock corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3rd day of March, 2025, by and between FOODBANK OF SOUTHEASTERN VIRGINIA AND EASTERN SHORE, INC., a Virginia non-stock corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) contiguous parcels of property located in District 2 of the City of Virginia Beach, Virginia, containing a total of approximately 23.898 acres designated as "PARCEL A", "PARCEL 37" and "PARCEL 38" and described in Exhibit "A" attached hereto and incorporated herein by this reference which combined parcels are hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 Agricultural District and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on GPIN: 1495-12-7948-0000 1495-12-3916-0000 1495-12-2749-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, in addition to the regulations provided for in the I-I Light Industrial District by the existing Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid Lo quo for zoning,rezoning, site plan,building permit,or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, representatives, assigns,grantees, and other successors in interest or title: I. When the Property is developed,the layout of the improvements,including access, the building, parking, onsite vehicular circulation, sidewalks, walking trail, landscaping and forested Preservation Areas shall be substantially in accordance with the two-page exhibit entitled "SEVA FOODBANK— Conceptual Development Plan", dated March 2, 2025 —Rev. July 23, 2025, and prepared by Timmons Group which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference(hereinafter"Site Plan"). 2. The exterior of the warehouse,packaging and distribution center building depicted on the Site Plan shall utilize tilt-up concrete/cementitious panels as the primary exterior material along with glass and metal. The building will not exceed thirty-five feet (35') in height and be substantially similar in appearance with the exhibits entitled "FOODBANK EXTERIOR 2 RENDERING #1 VIRGINIA BEACH, VA" dated March 2, 2025 — Rev. July 23, 2025 and FOODBANK EXTERIOR RENDERING#2A,VIRGINIA BEACH,VA"dated March 2,2025 - Rev. July 23, 2025, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference(hereinafter the "Elevations"). 3. The Grantor shall retain and preserve those designated forested natural areas on the Property as depicted on the exhibit entitled, "SEVA FOODBANK FORESTED NATURAL PRESERVATION AREAS EXHIBIT" dated March 2, 2025, Rev. July 23, 2025, prepared by Timmons Group, as both aesthetic landscaping buffers and natural stormwater treatment areas. The FOODBANK FORESTED NATURAL PRESERVATION AREAS EXHIBIT has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter "Preservation Areas Plan"). 4. The exterior building materials on the distribution center building shall be as designated, depicted and described on the Elevations. 5. Food delivery and distribution vehicles shall not be permitted to run their engines while parked on premises for longer than 15 consecutive minutes between the hours of 10:00 PM and 6:00 AM daily. Individuals shall not be permitted to spend the night in a parked vehicle on the premises. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-1, AG-2 and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, 3 The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: FoodBank of Southeastern Virginia and Eastern Shore,Inc., a Vir ' is non-stock corporation By: (SEAL) Christopher Tan, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31d day of March, 2025, by Christopher Tan, President of FoodBank of Southeastern Virginia and Eastern Shore, Inc., a Virginia non-stock corporation, Grantor. zL6 Notary Public My Commission Expires: August 31, 2026 ♦♦♦�-.��A,R„j,P't,'••�� Notary Registration Number:192628 "qrzvf'' 'LVA�C) �. �9 " - Z� C� ¢ ���� 4. _v ��i�L-�•�.�/NIA A % . A BLIC ,��,��`♦ �... l It 5 EXHIBIT "A" PARCEL A: All that certain lot, piece or parcel of land, situate, lying and being in Princess Anne Borough of the City of Virginia Beach, Virginia and being known, numbered and designated as "Jackie Hunter Estate, 12.6 acres", on a certain plat entitled"Survey of Part of Property of Jackie Hunter Estate, Located at Landtown, Princess Anne Borough, Virginia Beach, Va.", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 66, at Page 3. Less and Except that portion of property taken by the City of Virginia Beach dated June 5, 1984 and recorded in Deed Book 2339, at Page 454. Less and Except that portion of property taken by the Commonwealth of Virginia dated January 9, 1992 and recorded in Deed Book 3066, at Page 8. GPIN: 1495-12-7948-0000 PARCEL 37 and PARCEL 38 ALL THOSE two certain tracts, pieces, parcels or lofts of land, with the buildings and improvements thereon, situated in the City of Virginia Beach, Virginia, designated as "37" and "38" as shown on a plat made by J.E. Old, Surveyor, and inscribed "Subdivision for W.W. Sawyer, and Edwin J. Smith of a tract of land near Land Town in Princess Anne County, Va., being a pant of the tract of land conveyed to the said W.W. Sawyer and Edwin J. Smith, by Mary Ann Brown, and others, by Deed dated May 27, 1913, J. E. Old Surveyor". The lots or parcels of land hereby conveyed being numbered thirty-seven (37) and thirty-eight (38) respectively, a shown on said plat; Lot 37, containing six (6) acres, and Lot No. 38 containing Five and eighty- seven one-hundredths (5.87) acres, as will more fully appear from said plat which is annexed to and made a part of a certain recorded deed from Julian C. Sawyer, et ux to James Hunter, dated January 1, 1919. SAVE AND EXCEPT that certain lot, tract or parcel of land, together with improvements thereon, lying, situate and being in the City of Virginia Beach,Virginia and designated as "STRIP OF PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FOR STREET AND HIGHWAY PURPOSES 0.350 ACRE" as shown on that certain plat entitled "PLAT SHOWING RIGHT OF WAY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM LEWIS H. BRINKLEY, JR. — PRINCESS ANNE BOROUGH—VIRGINIA BEACH, VIRGINIA—SCALE: 1" —40'—DATE: AUGUST 1983-- REVISED 2/2/84 — PREPARED BY JOHN E. SIRINE AND ASSOCIATES, LTD. — SURVEYORS; ENGINEERS/PLANNERS", which said plat was attached to, made a part of and recorded with that certain Deed from Irvin Louis Brinkley, Sr., et ux, et at to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, dated June 13, 1985 6 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 2420, at Page 1521. GPfN: 1495-12-3916-0000& 1495-12-2749-0000 H:\AM\Conditional Rezoning\'Foodbank\Proffer Agreement.docx 29 ITEM— V.K.2 PLANNING ITEMS ITEM#77447 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, AS PROFFERED, BY CONSENT, application of YPB, LLC for a Conditional Change of Zoning from OR Oceanfront Resort District, A-12, A-24 and A-36 Apartment Districts to Conditional A-24 Apartment District re demolishing existing multi family buildings, vacate interior property lines, and construct a 20-unit multi family condominium development at 309, 311, 313, 315, 317, and 319 34"'Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA YPB, LLC for a Conditional Change of Zoning from OR Oceanfront Resort District, A-12, A-24 and A-36 Apartment Districts to Conditional A-24 Apartment District re demolishing existing multi family buildings, vacate interior property lines, and construct a 20-unit multi family condominium development at 309, 311, 313, 315, 317, and 319 34t"Street (GPINs: 2418937197, 2418937139, 2418936196, 2418936137, 2418935193, 2418935135)DISTRICT 6 The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Court This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19'"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 19, 2025 02 Al2 34TN ti1A O (S ` ) OR A36 m Al2 A18 1 A24 ® site N p zoning YPB, LLC W E Property Polygons 309, 311 , 313, 315, 317, & 319 34th Street S Building Feet 0 15 30 60 90 120 Map created by Planning Department on 7/15/2025 YPB, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3111 day of March, 2025, by and between YPB, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of six(6)parcels of land located in District 6 of the City of Virginia Beach containing 42,000 square feet which are more particularly described as PARCELS ONE through SIX on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels as described on Exhibit "A" are herein collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from OR Oceanfront Resort District, A-12 Apartment District, A-24 Apartment District and A-36 Apartment District to Conditional A-24 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: PARCEL ONE 2418-93-7197-0000 PARCEL TWO 2418-93-7139-0000 PARCEL THREE 2418-93-6196-0000 PARCEL FOUR 2418-93-6137-0000 PARCEL FINE 2418-93-5193-0000 PARCEL SIX 2418-93-5135-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns,grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped and landscaped, it shall have the site and parking layout, building layout, setbacks and dimensions along with landscaping substantially as depicted and described on the exhibit entitled, "34" STREET MULTI-FAMILY— CONCEPT PLAN — VIRGINIA BEACH", dated 03/02/2025, revised 06/16/2025, prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning and Community Development (the "Concept Plan") and is incorporated herein by this reference. A detailed landscape plan for the depicted landscaped areas as depicted on the Concept Plan shall be submitted to the Development Services Center with the Site Development Plan. 2 2. When the Property is developed, it shall be as a twenty(20)townhome residential condominium community. Each townhome shall have a two (2) car garage as well as two (2) onsite parking spaces in the driveway which is a part of the unit. With the exception of the fact that the buildings facing 34'" 1/2 Street will not include any cupolas, the four (4) buildings containing three(3)townhomes and the two(2)buildings containing four(4)townhomes depicted on the Concept Plan shall utilize the architectural design and features, substantially as depicted on that exhibit entitled, "34"Street Townhomes—3-plex and 4-plex", dated 03/02/25 which has been exhibited to the Virginia Beach City Council, is on file with the Department of Planning and Community Development (the "Buildings Rendering") and is incorporated herein by this reference. The buildings facing 341"Street shall have a minimum of three(3)cupolas. 3. When the Property is developed, the exterior building materials to be used on the townhome structures and the height of the structures shall be as described and depicted on the Buildings Rendering. 4. When the Property is developed, it shall have a lot coverage not exceeding fifty- eight percent(58%),with side yard setbacks east side of five feet(5'), front and rear yard setbacks from 34" Street and 34""/2 Street of thirteen feet(13')for the balconies and eighteen feet(18') for the enclosed structure and side yard setbacks west side from Arctic Avenue of twelve feet(12'). 5. When the Property is developed, it shall be subject to a Condominium Declaration which shall include a mandate that the garage area of each unit be used for storage and parking of motor vehicles and preclude the conversion of garage area to living space. In addition, the Condominium Declaration shall expressly preclude the leasing,licensing or renting of all or any portion of any unit for a period/term of less than thirty(30)consecutive days. 6. Further conditions may be required by the Grantee during detailed Subdivision and/or Site PIan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's 3 Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: YPB,LLC, a Virginia li ' e iability company 2 5(SEAL) B ce i n, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of March, 2025, Bruce Mimran,Manager of YPB, LLC, a Virginia limited liability company, Grantor. NNotary Public My Commission Expires: All< ' 204 Notary Registration Number JOSHUA MOTO NOTARY PUBLIC REGISTRATION#7851074 COMMONWEALTH OF VIRGINIA JjMy COMMISSION EXPIRES 08/31/2027 5 EXHIBIT "A" PARCEL ONE—309 34" STREET ALL THAT certain lot,piece or parcel of land,with the improvements thereon,lying,situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot Five (5), in Block 108, located east of Holly Road, as shown on that certain plat entitled "MAP OF LINKHORN PARK", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 5, at Page 151. GPIN: 2418-93-7197-0000 PARCEL TWO—311 341h STREET ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, in the State of Virginia,known, numbered and designated as Lot no. Six(6), in Block One Hundred Eight (108), located East of Holly Road, on a certain plat entitled "MAP OF LINKHORN PARK", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,in Map Book 5, at Page 151;to which plat reference is hereby made for a more particular description of said lot. GPIN: 2418-93-7139-0000 PARCEL THREE—313 341h STREET ALL THAT certain piece or parcel of land, with the improvements thereon, located in the Virginia Beach Borough of the City of Virginia Beach,Virginia,known, numbered and designated as Lot 7, Block Number 108, East of Holly Road, as shown on that certain plat entitled "MAP OF LINKHORN PARK" , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5, at Page 151, reference to which plat being made for a more particular description of the said property. GP1N: 2418-93-6196-0000 PARCEL FOUR - 315 341h STREET ALL THAT certain piece or parcel of land, with the improvements thereon, numbered and designated as Lot Eight (8), Block One Hundred Eight (108), East of Holly Road, on the plat entitled "MAP OF LINKHORN PARK" , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 5, at Page 151, reference to which plat being made for a more particular description of the said property. GPIN: 2418-93-613 7-0000 6 PARCEL FIVE—317 341h STREET ALL THAT certain lot, piece or parcel of land, with the building and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach Borough of the City of Virginia Beach, Virginia, and being, known, numbered and designated as Lot Nine (9) in Block Number One Hundred Eight (108), East of Holly Road, as shown on the plat of"MAP OF LINKHORN PARK" , which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5, at Page 151. GPIN: 2418-93-5193-0000 PARCEL SIX—319 341h STREET ALL THAT certain lot, piece or parcel of land,with the building and improvements thereon, and the appurtenances thereunto belonging, situate, in the City of Virginia Beach, Virginia, known, numbered and designated as Lot Ten(10),in Block One Hundred Eight(108),East of Holly Road, on the plat entitled "MAP OF LINKHORN PARK" , which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach(formerly Princess Anne County), Virginia, in Map Book 5, at Page 151. GPIN: 2418-93-5135-0000 W\AM\Conditional Rezoning\BHC LLC\34th Street\Proffer Agreement.docx 7 30 ITEM— VX3 PLANNING ITEMS ITEM#77448 The following registered to speak: Quincy White, 2900 Potters Road, Phone: 434-22 7-002 7, spoke in SUPPORT Max Willey, representing National Alliance on Mental Illness (NAND, 1756 Chestwood Drive, Phone: 292-5272, spoke in SUPPORT Kay Flohre, 1286 Brigantine Court, Phone: 718-1752, spoke in SUPPORT Ashley Jarvis, 2900 Potters Road, Phone: 500-2740, spoke in SUPPORT Pastor Eugene Cowan, 8549 Indian River Road, Phone: 420-2397, spoke in SUPPORT Upon motion by Council Member Rouse, seconded by Council Member Berlucchi, City Council APPROVED,AS PROFFERED, application of VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION / CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re develop sixty(60)residential units and small office space at the parcel northwest of 3792 Princess Anne Road DISTRICT 10 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGIN14 BEACH COMMUNITY DEVELOPMENT CORPORATION/ CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re develop sixty (60) residential units and small office space at the parcel northwest of 3792 Princess Anne Road (GPIN.- 1485346667)DISTRICT 10 The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Court This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`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 19, 2025 O P1 A-36 ss\� B2 0 0 0 N Site Property Polygons Virginia Beach Community Development Corporation W E O ® Zoning Parcel northwest of 3792 Princess Anne Road 5 Building Feet 0 2550 100 150 200 250 300 THIS DOCUMENT PREPARED BY DAVIS COMMERCIAL LAW GROUP,LLC 1209 LASKIN ROAD,VIRGINIA BEACH,VA 23451 STEPHEN R.DAVIS,ESQ(VSB#27519) AGREEMENT THIS AGREEMENT is made this _ day of , 202_, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantor" and "Grantee") and VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION, a Virginia corporation(also a"Grantor"or"VBCDC"). WITNESSETH: WHEREAS, the Grantee is the current owner of an approximately 3.18+/- acre parcel of real property, at the northwest intersection of Princess Anne Road and Community College Place which is identified in the land records of the City of Virginia Beach as GPIN 1485-34-6667, and described on Exhibit A attached hereto and incorporated herein by this reference, said property hereinafter referred to as the"Property"; and WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classification of the Properties from B-2 Community Business District to Conditional B- 4 Mixed Use; and WHEREAS, the Grantee intends that the Property will ultimately be conveyed to VBCDC and VBCDC joins this Agreement for the sole purpose of evidencing its agreement to the terms and conditions proffered; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development,operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN: 1485-34-6667 NOW THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property, and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the site design shall be substantially in accordance with the Landscape Plan titled " NAMI MULTI-FAMILY — VIRGINIA BEACH, VA — CONCEPTUAL LANDSCAPE PLAN' dated August 5, 2025, prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein (hereinafter the"Site Plan"). 2. When the Property is developed, the design of the buildings shall be substantially in accordance with the Building Renderings labeled as "VBCDC NAMI APARTMENT PROPOSAL — VIRGINIA BEACH, VIRGGINA", dated June 13, 2025, prepared by Arnold Design Studio, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein(hereinafter the "Building Renderings"). 3. When the Property is developed, a Landscape Plan reflective of the location and plant material depicted on the submitted landscape exhibit entitled"NAMI MULTI-FAMILY— VIRGINIA BEACH, VA — CONCEPTUAL LANDSCAPE PLAN" dated August 5, 2025, prepared by Timmons Group, shall be submitted for review and approval, and a copy to be kept on file with the Virginia Beach Department of Planting and is incorporated herein by reference. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 5. In lieu of the 15-foot rear yard setback required in the B4 zoning classification pursuant to Section 903(b) of the Zoning Ordinance, a 10-foot rear yard setback will be permitted to allow the improvements as shown on the Site Plan. 6. Prior to site plan release, a public utility easement along and contiguous with the length of the Princess Anne Road right-of-way up to the proposed building line, located 25' from the 24" water transmission main, shall be dedicated to the City of Virginia Beach encompassing the existing water main. The final location, dimensions, and terms of the easement shall be subject to the review and approval of the Department of Public Utilities 2 and the City Attorney's Office. Said easement shall include the right of reasonable ingress and egress for maintenance, repair, and related activities. 7. Prior to site plan release, public utility easement, for public gravity sanitary sewer measuring 30' wide and to be located along and contiguous with the Community College Place right-of-way from the eastern property line adjacent to 1700 E. College Crescent (GPfN 1485-54-2273), to a point 20' west of public manhole 555-0086-M, shall be dedicated to the City of Virginia Beach. The final location, dimensions, and terms of the easement shall be subject to the review and approval of the Department of Public Utilities and the City Attorney's Office. Said easement shall include the right of reasonable ingress and egress for maintenance, repair, and related activities. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of Iegal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the rnap the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Owner shall have no further rights or obligations of a "Grantor" under this Agreement. Grantor VBCDC joins this Agreement as a potential contract purchaser solely for the purpose of evidencing its agreement with the terms and conditions herein proffered. [Reinainder of page intentionally left blank. Signature,pages to follow.] 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR and GRANTEE: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia /-I By: �,�.--- Name: A . t7y��Af1�� Title: t—„ r+yl A(}+ l✓G�- A S : APPROVED AS TO LEGAL SUFFICIENCY: C y. 1 rk COMMONWEALTH OF VIRGINIA City Attorney CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 2-2"day of r t , 20'�5 ,by �t , who is personally known to me or has pro ud ced as identificati n. NOTARY PUBIjt My Commission Expires: i(-b0 -z.©z5 My Registration Number: -jc( I L(5B'1 Lauren Elizabeth Hopkins NOTARY PUBLIC Commonwealth of Virginia COMMONWEALTH OF VIRGINIA Reg. tt 7914587 CITY OF VIRGINIA BEACH, to-wit: My Commission Expires November 30,202 The foregoinginstrument was acknowledged before me this Z.da of 20 15 by t;LnaC,�. 13 Y c r'ru.S , who is personally known to me or has produced as identification. NOTARY PUBLI My Commission Expires: I- YD My Registration Number: G( 1 t-I ,"l hauren Elizabeth Hopkins NOTARY PUBLIC Commonwealth of Virginia Reg.it 7914587 ,, r ?Ay roinmission Expires November 30,2rfi 4 GRANTOR: VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION, a Virginia corporation By. Name: ,QdvLgt Ua;v, Title: p ruo'k A 6 tW- Por,Ar COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged btginia re me this�day of '� 2 , by as(r ,rlr>,���4thr� Beach Community Dev lopmeut Corporation, who is personally known to me or has produced Als-Aeg 14gr)6 e, as identification. NOTARY PUBLIC My Commission Expires: ' My Registration Number: t)aZ�O XI 6 PU 7 fy�. IARY".. ,a_IC 028M76 p LIES •` ;lttttt;' 5 EXHIBIT A Legal Description GPIN NUMBER 1485-34-6667: ALL THAT certain lot,piece or parcel of land, as shown on plat of survey of property for Mattie S. Fentress, Princess Anne County, Virginia, dated December 19, 1961, Frank D. Tarrall, Jr. & Associates, Surveyors and Engineers", designated thereon as 10.091 Acres, fronting on the north side of State Highway No. 165, seven hundred eighty three and ninety-four one hundredths (783.94) feet; said plat attached to that certain deed from Mattie s. Fentress, et vir, dated August 3, 1962, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 742, at page 474 and in Map Book 56, at page 36; reference to which plat is hereby made for a more particular description of said property. LESS AND EXCEPT that certain portion conveyed to the City of Virginia Beach by certificate of Take in Deed Book 2985, page 0987 confirmed by order recorded in Deed Book 3660, page 1782. LESS AND EXCEPT that certain portion conveyed to the City of Virginia Beach by instrument recorded in Deed Book 1123,page 640. LESS AND EXCEPT all that property located south of Community College Place. AND BEING FURTHER described as AREA i consisting of 138,933 sq. Ft. or 3.18946 AC. as shown on that certain plat entitled: "PLAT SHOWING THREE PARCELS OF LAND TO BE ACQUIRED FROM M.P.B., INC. by THE CITY OF VIRGINIA BEACH FOR TIDEWATER COMMUNITY COLLEGE EXPANSION, CIP 3-262, VIRGINIA BEACH," dated July 23, 2004, Scale: 1" 100', prepared by Survey Bureau -Engineering Division Department of Public Works - City of Virginia Beach, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 200408170129811 which reference is made for a more particular description. 6 31 ITEM— V.K.4 PLANNING ITEMS ITEM#77449 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council DEFERRED TO OCTOBER 21,2025,BY CONSENT, application of BRADLEY&NETTIE KAIN for a Conditional Use Permit re residential kennel at 405 Kings Point Court DISTRICT 3 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 19, 2025 32 ITEM— V K.5 PLANNING ITEMS ITEM#77450 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of GEORGE LOIZOU/232 JERSEY, LLC for a Conditional Use Permit re bulk storage yard at 5033 Admiral Wright Road DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GEORGE LOIZOU/232 JERSEY,LLC for a Conditional Use Permit re bulk storage yard at 5033 Admiral Wright Road DISTRICT 4 (GPIN.- 1467858101)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 Bulk Storage Yard after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation for the Bulk Storage Yard shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturdays. 3. The outdoor storage area shall be fenced and screened as depicted on the Site Plan entitled, "5033 Admiral Wright Road", dated May 27, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This includes a deviation to only provide fencing along the[begin strikethrough]seuthem an [end strikethrough] eastern property lines, rather than the Category VI screening required by the Zoning Ordinance around the entire perimeter of a Bulk Storage Yard. 4. A solid wood privacy fence [begin strikethrough] [end strikethrough] with a minimum height of six feet shall be installed and maintained surrounding the Bulk Storage Yard as shown on the Site Plan identified above in Condition 2 and shall be maintained for the duration of the use as a Bulk Storage Yard. Evergreen plant material shall be installed and maintained along the north, south and west property lines. As noted in Condition 3, this is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 5. Should outdoor lighting be installed within the Bulk Storage Yard area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: 6. Shielded to direct ,light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. 7. Lighting fixtures shall not be erected any higher than fourteen (14)feet. August 19, 2025 33 ITEM— V K.5 PLANNING ITEMS ITEM#77450 (Continued) 8. The applicant shall remove the existing canopy signage [begin strikethrough] and 19e1e sigw [end strikethrough]from the property prior to operating the site as a Bulk Storage Yard. 9. The storage of materials on the site shall be limited to the existing impervious areas and no additional impervious cover shall be added to the site. 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 19`"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 19, 2025 B ADMIRAL WRIGHT RD w a w a Q z w N w z z w 1'I0. ® site N ® Zoning George Loizou W E Property Polygons 5033 Admiral Wright Road S Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 34 ITEM— vL APPOINTMENTS ITEM#77451 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESER VATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARYBOARD SOCIAL SER VICES AD VISOR Y BOARD STORMWA TER APPEALS BOARD TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD August 19, 2025 35 ITEM— V.L APPOINTMENTS ITEM#77452 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: TIFFANY T.ARGUELLO (Public Library Board) Unexpired term thru 1013112026 COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE 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 19, 2025 36 ITEM— V L APPOINTMENTS ITEM#77453 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: LISA MURPHY Four year term 91112025—813112029 DEVELOPMENT AUTHORITY Voting: 10- 0 Council Members Voting Aye: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse, Joashua F "Joash"Schulman and Rosemary Wilson Council Members Abstaining: Barbara M. Henley—Advised she is working on formalizing a process to require City Council to conduct interviews of candidates prior to appointing members to the Development Authority Council Members Absent: None August 19, 2025 37 ITEM— V.L APPOINTMENTS ITEM#77454 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: WILLI"CURTIS (Education Field) Unexpired term thru 71412026 VIRGINIA BEACH VA250 COMMITTEE 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 19, 2025 38 NEW BUSINESS ITEM#77455 Mayor Dyer recognized Boy Scout William Alexander Hamilton from Troop #378 in the audience and thanked them for attending tonight's City Council Meeting. August 19, 2025 39 ADJOURNMENT ITEM#77456 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7.37 P.M. Terri H. Chelius Chief Deputy City Clerk k 4vd e Am da Barnes, MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia August 19, 2025