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HomeMy WebLinkAboutSEPTEMBER 16, 2025 INFORMAL AND FORMAL SESSION MINUTES �NIA B� 0 .� c ri ''qy bV ¢ O B OF OUR R r0� VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia SEPTEMBER 16,2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, September 16, 2025, at 2:30 P.M. Council Members Present: Michael F Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Barbara M. Henley—Arrived at 4:30 P.M Dr. Amelia N. Ross-Hammond—Medical reasons Rosemary Wilson - Vacation G11.Qk-BFA U t= City of Virginia Beach of OUR NPIN Dr.Amelia N. Ross-Hammond Virg iniaBeach.gov District 4 MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 CELL:(757)840-0735 AROSSHAMMOND(&VBGOV.COM September 15, 2025 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I am unable to personally attend the City Council meeting on Tuesday, September 16, 2025,but will participate virtually via WebEx. Sincerely, Dr. Amelia Ross-Hammond Council Member- District 4 Cc: City Clerk City Attorney City Manager FOIA Officer IA-8 Cityof Virginia Beach OF NUR NAI�N�/ r( Rosemary Wilson Virg iniaBeach.gov District 5 MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 CELL:(757)422-0733 RCWILSONOVBGOV.COM September 11, 2025 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be out of the town with family and will participate virtually via WebEx for the upcoming City Council Meeting on Tuesday, September 16, 2025. Sincerely, Rosemary Wilson Vice Mayor—District 5 Cc: City Clerk City Attorney City Manager FOIA Officer 2 CITY COUNCILS BRIEFINGS FLOOD PROTECTION PROGRAMAND CAPITAL IMPROVEMENT UPDATE ITEM#77519 2:31 P.M. Mayor Dyer welcomed Jeff Waller,P.E., Chair—Flood Prevention Bond Referendum Oversight Board and Leisha Pica, P.E.,Program Manager—Jacobs Engineering. Mr. Waller expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Waller and Ms. Pica for the presentation. September 16, 2025 • Flood Protection Program City Council Update Jeffrey Waller, P. E., Flood Prevention Bond Referendum Oversight Board Chairman Leisha Pica, P.E., Jacobs Engineering September 16, 2025 Q3 2025 Board Updates ■ Stormwater Modeling p Staff Report � * ; r-Yr ■ Flood Protection Program Summary r , ■ F. FPP Communications Update Staff Report .117 ■ Maintenance of Existing Storm Infrastructure Staff Report Public Works Operations removing sediment and debris from a roadside ditch and placing it into a dump truck The Board meets on the second Tuesday of the month at 2:00 pm at Town Center. Our meetings are open to the public and the public can provide comments. The Board webpage is accessible from the Ripple Effect website, and we can be contacted at the email address posted on our webpage. 2 FPP Active Construction Projects • Windsor Woods Tide Gate near 1-264 • Bow Creek Stormwater Park Phase I • South Plaza Trail/Presidential Boulevard Drainage Improvements • Seatack Neighborhood Drainage Improvements • First Colonial Road/Oceana Boulevard Drainage Improvements 3 FPP Project Milestones During Q3 2025 Planning 1 � - 2 3 4 5 Preliminary Engineering Detailed Design, Some FPP permits may Advertise Design-Build or Commissioning Report(PER) 30%. 60%, 90%, require 24 months to Construction Bidding and Testing 100% obtain Complete ✓ West Neck Final PER V Church Point/ ✓ Windsor Wood, PAP, ✓ Winsor Woods Thoroughgood BMP The Lakes Bundle Tide Gate & Conveyance 1A GMP submittal 30% Design ✓ South Plaza Trail ✓ Elizabeth River Presidential Blvd ✓ Poinciana 100% Floodplain Drainage Design Restoration ✓ Bow Creek Section 2 ✓ ESD Bundle 100% Design Construction Advertisement ---------- 4 ��,] theRippleEffect The Board is here to serve our Community - we are on the City's website Public Works btormwater is Hood Protection Flood Protection Program Flood Protection Program FAQ Flood Prevention Bond Referendum Oversight Board � theRi Central istrict PP Eastern ive-Phases + VIRGINIA BLAt H FLOOD PROTECTION PROGRAM Lake Bra hubb Lake Linkhorn inage Basin Souther Watershed I Board Members Stormwa n Infrastructure 1 Contact the board members by email at FPP@vbgov.com. Windsor Plaza Y • Usha ELeswarapu • Allison R. Hammer Master Planning • John L'Heureux • Pahan Jayarathna ^-- - -- • James F.N. McCune • Scott C. Miller • Robert R. Radspinner, PE • Emily SteinhiLber - --- • Jeffrey S. WaLLer, PE — 5 Flood Protection Program Update Q3 2025 Leisha Pica, P.E., Jacobs Program Manager C Design- Construction Engineering Design Design Design Design Phase Build In-Progress CompleteIn-Pro. Phase Phase Phase Phase Church Point/ Sandbridge/ Bow Creek Elizabeth River Windsor Wood, West Neck Thoroughgood New Bridge Stormwater Park Back Bay Marsh PAP,The Lakes Windsor Woods Club House Creek Bride BMP& Intersection Flotorati n g (Section 2) Restoration Restoration Bundle Tide Gate Road Drainage Conveyance (On Hold) (30%design) Eastern Lake South Plaza Cape Henry Pungo Ferry Poinciana Shore Drive Bradford/Chubb Trail, Canal Gravity Road Pump Station (ESD) Drainage Lake Pump Presidential Blvd Sewer Improvements Bundle(added Station &Outfall Drainage Relocation Phase 1 G) (NTP issued) Central Resort ESD Phase 1 F Bow Creek District Drainage North Shore Dr Stormwater Park Lake Pleasure Improvements Drainage (Section 1) House Outfall Seatack Lake Bradford Drainage Dredging Old Forge Road First Colonial Rd &Red Lion FPP Project Status Q2 2025 Oceanag Drainage Drainage e (substantially complete) �' E>> theRippleEffect 1' , . 1 ' , 91' , 11 ' , Preliminary Design Design Design Design PS&E & ITI3 Design- Construction Construction Engineering Phase Phase Phase Phase Phase Build In-Progress Complete Church Point/ Sandbridge/ Elizabeth River Windsor Wood, West Neck Thoroughgood New Bridge Back Bay Marsh PAP,The Lakes Windsor Woods Club House Creek Bridge BMP& Intersection Restoration Feotorati n Bundle Tide Gate Road Drainage Conveyance 1A (On Hold) Restoration (GMPSubmittol) Eastern Lake South Plaza Cape Henry Pungo Ferry Poinciana Shore Drive Bradford/Chubb Trail, Canal Gravity Road Pump Station (ESD) Drainage Lake Pump Presidential Blvd Sewer Improvements Bundle(added Station&Outfall Drainage Relocation Phase 1 G) (Design) Central Resort Bow Creek ESD Phase 1 F Bow Creek District Drainage Stormwater North Shore Dr Stormwater Park Lake Pleasure (Section g 1)Improvements Park(Section 2) Drainage House Outfall Church Point/ Seatack Thoroughgood Drainage Lake Bradford BMP& Dredging Conveyance 1B Old Forge Road First Colonial Rd &Red Lion F P P Project Status Q3 2025 Oceana Blvd Drainage Drainage (substantially complete) ��] theRippleEffect FPP Project Milestones Three-Month Look Ahead through Q4 2025 Planning 1 � - 2 3 4 5 Preliminary Engineering Detailed Design, Some FPP permits may Advertise Design-Build or Commissioning Report (PER) 30%. 60%, 90%, require 24 months to Construction Bidding and Testing 100% obtain Complete ✓ Church Point/ ✓ ESD Bundle ✓ Seatack Drainage Thoroughgood BMP Construction &Conveyance 1A Bidding 60% Design L�>> theRippleEffect Phase 1 Flood Protection Program Estimate March Presentation Current Estimate MASTER PROJECTS Estimate ($M) WINDSOR WOODS/PAP/THE LAKES $504 $803 EASTERN SHORE DRIVE $109 $109 LAKE BRADFORD/CHUBB LAKE $158 _ $181 CENTRAL RESORT DISTRICT $113 $113 SOUTHERN RIVERS WATERSHED $113 $279 STORMWATER GREEN INFRASTRUCTURE $55 $55 ----.-_ -- - LINKHORN BAY DRAINAGE BASIN $15 $12 TOTAL0 . 11 ©Jacobs2025 Why have Phase 1 FPP Costs Increased? ■ Refined Scope: Projects went from planning concept to reality with designed scope based on actual field conditions ■ Cost Escalation: General market cost escalation from initial project estimates (some were developed pre-COVID in 2017) to construction timing ■ Labor Cost Increases: Construction labor costs continue to increase due to staff shortages in specialized construction fields ■ Market Uncertainty: Cost uncertainty remains with applicable commodities ■ Supply & Tariffs: Global supply chain and tariff impacts 12 ©Jacobs 2025 The projects were changed from Windsor Woods/Princess Anne planning status to baselined status. The Plaza/The Lakes Bundle (Design-Build) project costs were updated based on the 30%-complete project cost estimate. ■ Cost Escalation: Significant cost escalation from 2021 (conceptual estimates provided for the referendum) thru 2031 (construction completed) ■ Environmental Coordination: North London Bridge Creek Pump Station environmental conditions, Thalia Creek dredging area for bank stabilization, preservation and mitigation of wetland corridors, etc. ■ Roadway Coordination: Raising of South Boulevard, re-routing Lynnhaven Parkway, access to Lamplight Lane, and other roadway coordination needs 13 ©Jacobs 2025 Lake Bradford/Chubb Lake The project costs were updated Pump Station and Outfall based on the most recent project (Design-Build) planning cost estimate as reflected in the FY26 Capital Improvement Plan. ■ Cost Escalation: Significant cost escalation from 2021 (conceptual estimates provided for the referendum) thru 2031 (construction completed). ■ Environmental Coordination: Much of construction occurs within or near tidally affected and weather affected waterways; protective measures for beach/bank/dune erosion at the beach outfall; multiple excavations are required; site is in hurricane- affected region. 14 ©Jacobs 2025 =re sts were revised to align with Southern Rivers Master Project y cost information developed ended planning efforts. �: fl Pungo Ferry Road Improvements — The project costs were revised to align with the lowest cost option presented g p at the public meeting on October 23, 2024. o Environmental Conditions: poor, low-lying and saturated soils, proximity to North Landing River, 10 acres of wetland impacts, National Environmental Policy Act (NEPA) study requirements • Roadway Coordination: Blackwater Road and Pungo Ferry Bridge extension West Neck Bridge (Design-Build) — The project costs were revised to align with the preliminary cost information provided in the Preliminary Engineering Report. Similar conditions and coordination is required for this project. 15 ©Jacobs 2025 w,.. . Key Takeaways ■ We will spend $567.5 million of bond funds by 2032. t ■ Within the 10-Year window the highest priority projects will be completed. .h. t ■ All Phase 1 FPP projects are underway though some will extend beyond the initial 10- yearwindow. rt The Windsor Woods Tide Gate performed welt during recent weather events. 16 ©Jacobs 2025 FYI We are getting system improvements constructed! » _ -.�wi'._ I r. ESE Iif 77 { k wWs4 a � "= First Colonial Road/Oceana Boulevard Drainage Improvements Project Jr Bow Creek Stormwater Park Phase 1 Project 17 ©Jacobs 2025 We are getting system improvements constructed! �. VJJ V l p a , Y^ t R� . M Lake Bradford Dredging Project Old Forge Road and Red Lion Road Drainage Improvements Project 18 ©Jacobs2025 We are getting system improvements constructed! , t - , .7 r , A1rrsL`C u4 , w n. s #'YR K Club House Road Drainage Improvements Project South Plaza Trail/Presidential Blvd Drainage Improvements Project 19 ©Jacobs2025 We are getting system improvements constructed! ft rrc ad 'r� t 5, ,S ,may � r Seatack Neighborhood Drainage Improvements Project Cape Henry Canal Sewer Relocation Project 20 ©Jacobs 2025 t FPP Communicatmions Update ■ CITY • VIRGINIA BEACH From Concept to Content FLOODING MITIGATION '• • Campaigns11 Flood Rr¢J—cy Toolx for Rrsidrnls&Busrnessra • Blog posts & articles °Phased" Z. • Webpage creation & updates ` x t " --+' .1 • Script-writings 4 • Video production & editing fi M �.. Funds Are Improving Flood • Da ® a Graphic design . • Photography _11 A 22Iva euryoiy+bNch Pleasure House Point n nryor�h o.n' Wetlands Restoration Project — From Content to Community , F Q1oe Qs 1. 9a W cigafe.b—h From rein to response, learn how Virginia Beach uses real-time data from storm sensors to help reduce Email newsletters good risks and better prooutect homt two • 6usinasses.Plus,find out whore twe now sensors am being added] July to Ir Public Open House • News releases & media advisories , • Digital and printed materials • Social media posts (Facebook, Instagram, XRippl,Ellett,the City',Rood! o and Nextdoor) e • YouTube "The Ripple Effect" playlist videos VIMNIA BEACH • "How It Works" series `' ', • City Council presentations a .. • Media pitches, interviews and stories 23 VS Blog Posts 43 26, 457 615 Blogs Published Total Blog Views Avg. Views per Blog Most Viewed Blog Posts Debunking PHP Myths Five Things To Know Three Flood Types The Real Deal: Debunking Myths about the The Ripple Effect: Five Things Residents The Ripple Effect: Virginia Beach's Three Pleasure House Point Wetlands Restoration Should Know About Coastal Flood Most Common Flood Types Project Vulnerability Knowing the differences in each type aids the City in developing Gain a stronger understanding of this important flood protection Part of coastal living is understanding factors that make our solutions to reduce the impacts of flooding. initiative brfom Council votes Jan.7. rornmunity vulnerable[o flooding. 4 s • Views 1.,801 Views 1.,296 Views "How it Works" Videos 18 122773 61 % "How it Works" Videos Video Views Of Video Views Produced Occurred on Instagram 26 wv Most Viewed "How it Works" Videos Windsor Woods Tide Gate Bow Creek Stormwater Park Sizing Up Stormwater Pipes Low elevations '` Under-sized pipes ' High tides .<. • .;r _ .,... „ Stronger storms ` 4 KNEW i I� Toni Utterbac ' Public Works o m o r; c ;: ► a o o - 11 "._ ► .4icyaer, o m o i 14,783 Views 13,132 Views 10,560 Views 27 v, r re I lMedia Soc a OD 155 872 ,p422 Social Posts Published Impressions is � Note: This includes the ad run in Oct. 2024, which accounts for 96,499 impressions. Virginia Beach City Government y Beach City Government , Virginia Beach City Government Vir inia Tne 2025 Measure House Pom[Wenands Restoration Motect has generated healthy engagemem from ., ,,1 the Virgmra Beach commumry.For both supponers and those who have expressed concerns,we want Thanks to 5-L4.8 mhhon m federal funding,Vnginia Beach has made mafor stritles m flood protection to keep you aware of the tletads and updates of[he protect.we ve debunked several prevalent sooai The Pleasure House point Wetlands RestoraLon project —from upgraded stormwa[er systems to lake dredging that helps protect homes and roadways.See metlia myths so you can have a stronger untlerstandmg o(Ne;important environmental imtiahve, ivlll re-e Stabll5h abdu[elOf1I dUeS Of partially-1v OOded where the work IS happening and how It's making an rmpdct hops://billy/4kwgdc ll. Learn more hnps:/Nit.ry/3ovhvH land to its natural state of Udal wetlands.Read about the let us know d you have any adomonal questions about this protect and we wdl get back to you aher prOject's benefits,cost,timeline and more.and for the hotbays. ��`� questions about this project.please zmail phpwetlands@vbgov.com.Learn more about the ;�, . .; •'' '-" project:hnps://bit.ly/4gOZ9x'. i; a' Most Engaging Social Posts Facebook: Debunking PHP Myths Facebook: PHP Video Facebook: Federal Funding a Project site used to actually be a tidal wetlands and tidal • CC • Eng. . ' - , • Eng. Rate s r FPP Webpage Views �,soo 2,349 2,115 2,000 1,636 1,549 1,542 1,475 1,500 1,401 1,314 1,318 1,448 1,403 1,441 1,288 1,333 1,270 1,269 1,249 1,287 1,179 1,088 1,088 994 1,043 1,000 �i- 500 0 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 ■Views of FPP Webpages 30 VB z i 4 r � Thank you Leisha.pica@jacobs.comAW AR t Construction progress for the Pleasure House Point project 7 Challenging today. O S n aaco S Reinventing tomorrow. O 3 CITY COUNCIL COMMENTSIDISCUSSIONIINITL4TIVES ITEM#77520 3:00 P.M. Council Member Hutcheson expressed his appreciation to the Body for the discussion regarding increasing the cost of living adjustment(COLA)for Council Members during the recent City Council Retreat, as well as stafffor providing the data which shows many localities across the Commonwealth have either already adjusted COLA compensation or are planning to. Council Member Hutcheson advised this was brought forward to bring the Mayor and Council Member salaries to a commensurate level which reflects the Body's workload. Council Member Hutcheson advised he would also like to include the same annual COLA increase as staff receives, understanding if staff does not receive an increase, then City Council would not either. Council Member Hutcheson advised if approved, COLA increases will not be effective until July 2027, after the next City Council election when new Council Members may be elected, explaining this initiative is for the next City Council. Council Member Hutcheson advised he is working with the City Attorneys Office to draft an Ordinance and will share the draft with the Body to include anyone wishing to sponsor it before it is scheduled for Public Comment. Mayor Dyer advised he will support the will of the Body but will not participate. September 16, 2025 4 CITY COUNCIL COMMENTS/DISCUSSION/INITL4TIVES ITEM#77521 (Continued) Council Member Cummings advised he has had discussions with the Chair and Vice Chair of the School Modernization Committee, and they have requested City Council and School Board hold a joint meeting to discuss the plan for Princess Anne High School. Council Member Cummings suggested holding the joint meeting on October 14`h,as it seems to be an acceptable date for all those concerned and requested School's staff to provide the same presentation as they gave to the School Modernization Committee. September 16, 2025 5 CITY COUNCIL COMMENTS/DISCUSSIONIINITIATIVES ITEM#77522 (Continued) Council Member Schulman advised he will host a District 9 Town Hall on September 22"d'from 6:00-8:00 P.M., at Princess Anne High School, where the City Attorneys Office will provide a presentation on the Referendum regarding the election system and answer any questions citizens may have. September 16, 2025 6 CITY COUNCIL COMMENTSIDISCUSSION/INITL4TIVES ITEM#77523 (Continued) Council Member Schulman advised he and Mayor Dyer attended the India Festival last weekend and expressed how wonderful it was to see so many people from the City' Indian-American community come together and enjoy the cuisine and events. September 16, 2025 7 CITY COUNCIL COMMENTSIDISCUSSION/INITMTIVES ITEM#77524 (Continued) Mayor Dyer advised on September 1?, his Legislative Aide,MonicaNieves-Pestana, attended the Virginia Public Safety Foundation' 11`h Annual Commonwealth Public Safety Memorial Ceremony where the City s fallen heroes were honored and had their names inscribed on the memorial. Mayor Dyer explained Mrs. Nieves-Pestana' husband, Master Police Officer David Nieves, tragically passed away and was honored along with Police Officer's Cameron Girvin and Christopher Reese as well as heroes from the Fire Department, Captain Matthew R. Chiaverotti, Captain Sean Land and Master Firefighter Matthew Gallina. September 16, 2025 8 CITY COUNCIL COMMENTS/DISCUSSIONIINITIATIVES ITEM#77525 (Continued) Mayor Dyer read a letter he received from Mark Perryman, President and CEO of the Norfolk Airport Authority commending first responders in a joint exercise on September 6 , attached hereto and made a part of the record. September 16, 2025 X R F NORFOLK AIRPORT AUTMORITY The Honorable Mayor Robert M. Dyer 2401 Courthouse Drive Virginia Beach, VA 23456 September 11, 2025 Dear M,g WAWey er, • I want to commend the members of the Virginia Beach Fire Department, Virginia Beach Emergency Medical Services, and Oceana Naval Air Station that participated in our full- scale exercise on September 6, 2025. The FAA mandated triennial exercise is a chance to come together across jurisdictional lines to prepare for an aircraft accident. The dedication, professionalism, and cooperation displayed by your agencies was outstanding. The chance to train and demonstrate our interoperability with our mutual aid partners will help to ensure a smoother operation during an actual incident. Again, I express my sincerest appreciation and thanks to your agencies for assisting in our exercise and I look forward to opportunities that continue to demonstrate our commitment to the region. Best regar s, Mar A. Pe an President & CEO 2200 Norview Avenue Norfolk, VA 23518-5807 FIyORF.com 9 CITY COUNCIL COMMENTSIDISCUSSION/INITMTIVES ITEM#77526 (Continued) Mayor Dyer reminded the Body and viewingpublic of Naval Air Station (NAS) Oceana's annual Air Show being held this weekend. Mayor Dyer added, on Friday, they will have over 8,000 fifth grade students from the Virginia Beach and Chesapeake public schools participate in STEM Day, where students will participate in a hands-on STEM laboratory. Mayor Dyer expressed his appreciation for the remarkable relationship the City has with the military and encouraged anyone interested to attend the Air Show. September 16, 2025 10 AGENDA REVIEW SESSION ITEM#7752 7 3:09 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES: 1. Ordinance to ADD Ocean Hills Neighborhood to City Code Sections 21-382, 21-383 and 21-384 and EXTEND the Sunset Date to April 5, 2029 re Residential Permit Parking (RPP) in the Historic Cavalier Shores Neighborhood(Requested by Vice Mayor Wilson and Council Members Berlucchi, Hutcheson, Remick, Ross-Hammond and Schulman) 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Subgrant Agreement to ACCEPT AND APPROPRIATE $8,775.00 from the Virginia Department of Historic Resources (DHR) to the FY 2025-26 Planning and Community Development Operating Budget and AUTHORIZE a $8,775.00 grant match re update National Register of Historic Places nomination for the U.S. Coast Guard Station/Seatack Life Saving Station 3. Ordinance to ACCEPT and APPROPRIATE $669,568 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re administration of Virginia Task Force 2 4. Ordinance to ACCEPT and APPROPRIATE $216,870 in Aid to Localities Grant Funding from the Virginia Department of Fire Programs to the FY 2025-26 Fire Department Operating Budget re training, construction of training centers,firefighting equipment and protective clothing 5. Ordinance to ACCEPT and APPROPRIATE$51,129.38 and$1,533.88 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re Virginia Task Force 2 mobilization for floods in Texas 6. Ordinance to ACCEPT and APPROPRIATE$22,500 from sale of equipment to the FY 2025-26 Fire Department FEMA Administrative Grant repurchase of replacement vehicle for Virginia Task Force 2 rolling stock fleet 7. Ordinance to ACCEPT and APPROPRIATE $17,063.75 and $511.91 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re Virginia Task Force 2 mobilization for Tropical Cyclone Erin 8. Ordinance to CARRY FORWARD and APPROPRIATE $10,867,297 into the FY 2025-26 Operating Budget re purposes previously approved in FY2024-25 9. ASHDONBUILDERS 1,LLCfor a Certificate ofAppropriateness re appeal of Historical Review Board Decision on application to modify#25-12 to install white vinyl fencing(DENIED)at 2508- 2524 Peaceful Lane DISTRICT 2 J. ORDINANCES: ITEM#9 WILL BE CONSIDERED FOR DEFERRAL TO DECEMBER 9, 2025 September 16, 2025 11 AGENDA REVIEW SESSION ITEM#77527 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING: I. DONNA D. HARRIS & BORIS G. DREW for a Variance to Section 4.4.(b) of Subdivision Regulations re lot width at 970 Whitehurst Landing Road DISTRICT] 2. GLOBAL MONTELLO GROUP CORP.for a Change in Nonconformity re relocate an existing nonconforming sign at 1689 Laskin Road DISTRICT 6 3. MICHAEL L.McGLYNN& TRACI R.McGLYNNfor a Change in Nonconformity re add a front porch and a 2"d story addition with balcony to an existing single-family dwelling at 311 35"'Street DISTRICT 6 4. VIRGINIA BEACH RESIDENCES, LLC / BAKER ROAD PROPERTIES, LLC for a Modification of Proffers to a Conditional Change of Zoning reconstruct a 375-unit multi family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road DISTRICT 4 (Deferred from 0811212025) 5. VB FBDC LLC DBA FUNNYBONE DRAFT CADE/PEMBROKE SQUARE ASSOCIATES, LLC for a Special Exception for Alternative Compliance reinstall a 91 square foot sign at 4554 Virginia Beach Boulevard, Suite 100 DISTRICT 9 6. CHARLESE HASAN/CEC FAMILY TRUST for a Conditional Use Permit re short term rental at 213 4'h Street DISTRICT 5 7. DAVID&DEBORAHDOWDY/DAVID WAYNE&DEBORAHM. DOWDYfor a Conditional Use Permit re short term rental at 423 21s'Street DISTRICT 6 8. RICHARD E DAVIS and RICHARDA.DAVIS for a Conditional Use Permit re short term rental at 304 281h Street, Unit 206 DISTRICT 6 9. Ordinance to AMEND City Zoning Ordinance (CZO) Section 2404 re Western Campus Overlay District 10. Ordinance to AMEND City Floodplain Ordinance Sections 1.3, 4.3, 4.10, 6.1, 6.3, and 6.7 re functionally dependent uses, residential construction requirements and grandfathering 11. Ordinance to AMEND the 2016 Comprehensive Plan/Master Transportation Plan re removal of a portion of Southeastern Parkway and Greenbelt between Princess Anne Road and Hudome Way District 2 K. PLANNING. ITEM#11 WILL BE CONSIDERED SEPARATEL Y September 16, 2025 12 ITEM#77528 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-371](A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Atlantic Park PUBLICLY-HELD PROPERTY.Discussion or consideration of the acquisition of real property for public purpose;or of the disposition 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 10 • District 4 PUBLIC CONTRA CT.-Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the 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 2.2-3711(A)(29). • Project Football SECURITY MATTERS: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 2.2-3711(A)(19). • Election Security 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 • Performance of Council Appointees(Board, Commission and/or Committees) September 16, 2025 13 ITEM#77528 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Rouse, City Council voted to proceed into CLOSED SESSION at 3:16 P.M. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. Joash"Schulman Council Members Absent: Barbara M. Henley Dr. Amelia N. Ross-Hammond Rosemary Wilson Break 3:16 P.M. — 3:24 P.M. Closed Session 3:24 P.M. — 5:47 P.M. *Council Member Schulman stepped out during the Public Contract discussion due to a possible conflict of interests 4.25 P.M. —5:00 P.M. September 16, 2025 14 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 16,2025 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, September 16, 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,Jennifer Rouse and Joashua F. "Joash"Schulman Dr.Amelia N. Ross-Hammond—Participated remotely via WebEx from her home due to a medical condition that prevented her physical attendance Rosemary Wilson—Participated remotely via WebEx from Baltimore, Maryland while on vacation Council Members Absent: None INVOCATION: Chaplain Don Jackson, Veterans of Foreign Wars of the United States ofAmerica MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES.- Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 341h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual orpotential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a 'personal interest," as defined in the Act, she will file the appropriate September 16, 2025 15 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. September 16, 2025 16 V.F CERTIFICATION ITEM#77529 Upon motion by Council Member Remick, seconded by Council Member Jackson-Green, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Abstained: Dr. Amelia N. Ross-Hammond Rosemary Wilson Council Members Absent: None September 16, 2025 "BEAcd p4 G� U C 94 \ dV 1 OF OUR N'1100 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#77528 on Page 13 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. AnVnda Barnes, M City Clerk September 16, 2025 17 ITEM— V G.1 MINUTES ITEM#77530 Upon motion by Council Member Jackson-Green, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 2,2025 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None September 16, 2025 18 ITEM— V G.2 MINUTES ITEM#77531 Upon motion by Council Member Jackson-Green, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of September 9, 2025 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 16, 2025 19 ITEM— V H MAYOR'S PRESENTATION ITEM#77532 RECOGNITION SISTER CITIES ASSOCIATION OF VIRGINIA BEACH Due to severe weather conditions, this presentation was canceled. September 16, 2025 20 ITEM— VI FORMAL SESSION AGENDA ITEM#77533 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker, and they will be given a total of six(6)minutes to speak on all items. Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED,BY CONSENT,Agenda Items Ordinances J. 1, 2, 3, 4, 5, 6, 7, 8 and 9 jDEFERRED TO DECEMBER 9, 2025) and Planning Items K.-.1,2, 3, 4, 5, 6, 7, 8, 9 and 10 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#11 WILL BE CONSIDERED SEPARATELY September 16, 2025 21 ITEM— V II ORDINANCES ITEM#77534 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED,BY CONSENT, Ordinance to ADD Ocean Hills Neighborhood to City Code Sections 21-382, 21-383 and 21-384 and EXTEND the Sunset Date to April 5, 2029 re Residential Permit Parking(RPP) in the Historic Cavalier Shores Neighborhood(Requested by Vice Mayor Wilson and Council Members Berlucchi, Hutcheson, Remick, Ross-Hammond and Schulman) 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 September 16, 2025 REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, HUTCHESON, REMICK, ROSS-HAMMOND, AND SCHULMAN 1 AN ORDINANCE TO ADD THE OCEAN HILLS 2 NEIGHBORHOOD TO AND EXTEND THE SUNSET DATE 3 OF ARTICLE III, DIVISION 5 OF CHAPTER 21 OF THE CITY 4 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING 5 IN THE HISTORIC CAVALIER SHORES NEIGHBORHOOD 6 7 WHEREAS, the ability of the residents of the Cavalier Shores Neighborhood to 8 park their vehicles on the street adjacent to or near their homes was severely impacted 9 by the multi-year construction associated with the Cavalier Hotel project, and now that 10 the three hotels and condominiums have been built, the ability of those residents to park 11 their vehicles on the street near their homes will be impacted by employees of the hotels, 12 condos, and restaurants who will want to park in the neighborhood; 13 14 WHEREAS, the City Council desires to address the unique needs of this historic 15 neighborhood by extending for three additional years the program it previously 16 established—separate and apart from the current Residential Parking Permit Program- 17 to continue to address the parking needs of Cavalier Shores residents. 18 19 WHEREAS, the City Council desires to address the parking needs of residents of 20 the Ocean Hills Neighborhood by adding this neighborhood to the same parking program. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That Article III, Division 5 of Chapter 21 shall provide as follows: 26 27 DIVISION 5. — Cavalier Shores and Ocean Hills Residential Permit Parking Pilot 28 Program 29 30 Sec. 21-382. - Definitions. 31 32 As used in this Division: 33 34 (a) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 35 and shall also include mopeds and motorcycles, as defined therein. 36 37 (b) Cavalier Shores Neighborhood refers to all on-street parking on the south side 38 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 39 43rd Y2, 43rd, and 42nd Y2 Streets; the north side of 42nd Street; the alley that 40 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th 41 Street; and the north side of Cavalier Drive between Holly Road and Atlantic 42 Avenue. 43 44 (c) Ocean Hills Neighborhood refers to all on-street parking on Ocean Hills Road 45 Ocean Cut Lane, Oakridge Circle, and Ocean Hills Court. 46 47 Sec. 21-383. - Parking restrictions. 48 49 (a) It shall be unlawful for any person to park or otherwise leave unattended any all- 50 terrain vehicle, bicycle, electric personal assistive mobility device, electric power- 51 assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, 52 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier 53 Shores Neighborhood or Ocean Hills Neighborhood. 54 (b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier 55 Shores neighborhood or Ocean Hills neighborhood, where notice of these restrictions 56 have been conspicuously posted in accordance with this division, for longer than a 57 four-hour period in any day unless there is affixed to the driver's side exterior surface 58 of the windshield of such motor vehicle a valid residential parking permit or a 59 temporary guest pass as authorized by subsection 21-354(b) hanging from the 60 rearview mirror. 61 Sec. 21-384. - Permits generally. 62 63 The City Treasurer or the city's parking management office shall issue residential parking 64 permits pursuant to this division in accordance with the procedures set forth in section 65 21-354. However, no permit shall be issued pursuant to this section for employee parking 66 in the Cavalier Shores Neighborhood or Ocean Hills Neighborhood. 67 68 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 69 VIRGINIA BEACH, VIRGINIA: 70 71 That the effective date of this ordinance shall be September 16, 2025, and that, 72 absent additional action by the City Council to the contrary, this ordinance shall 73 automatically sunset and expire on April 5, 2029. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16th day of September 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney' Office CA16959 R-1 August 27, 2025 22 ITEM— V.J.2 ORDINANCES ITEM#77535 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Subgrant Agreement to ACCEPT AND APPROPRIATE $8,775.00 from the Virginia Department of Historic Resources (DHR) to the FY 2025-26 Planning and Community Development Operating Budget and AUTHORIZE a $8,775.00 grant match re update National Register of Historic Places nontination,for the U.S. Coast Guard Station/Seatack Life Saving Station 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 September 16, 2025 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A SUBGRANT AGREEMENT WITH THE VIRGINIA 3 DEPARTMENT OF HISTORIC RESOURCES TO FUND AN 4 UPDATE TO THE NATIONAL REGISTER OF HISTORIC 5 PLACES NOMINATION FOR THE U.S. COAST GUARD 6 STATION/SEATACK LIFE SAVING STATION, TO ACCEPT 7 AND APPROPRIATE FUNDING FROM THE VIRGINIA 8 DEPARTMENT OF HISTORIC RESOURCES, AND TO 9 AUTHORIZE A GRANT MATCH 10 11 WHEREAS, in April 2025, the City's Department of Planning ("City") prepared and 12 submitted a Certified Local Government grant application; and 13 14 WHEREAS, the City received formal notification from the Commonwealth's 15 Department of Historic Resources ("DHR") in August 2025 that the City was awarded a 16 subgrant in the amount of$8,775.00; and 17 18 WHEREAS, the City is required to sign a subgrant agreement with DHR ("Subgrant 19 Agreement"); and 20 21 WHEREAS, the terms of the Subgrant Agreement require the City to..1) provide a 22 fifty percent (50) match in the amount of $8,775.00; 2) submit quarterly progress reports 23 and a final report to DHR; 3) perform all work by August 31, 2026; 4) submit requests for 24 reimbursement in the quarterly reports; 5) submit final product submissions to NPS; and 6) 25 retain all financial and programmatic records related to the grant for three years; and 26 27 WHEREAS, the Subgrant Agreement requires a local match of$8,775.00; and 28 29 WHEREAS, the source of the match is already appropriated funds within the 30 Department of Planning's FY2025-26 Operating Budget. 31 32 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 33 VIRGINIA, THAT: 34 35 1. The City Manager is hereby authorized to execute the Subg rant Agreement with the 36 Commonwealth's Department of Historic Resources to update to the National 37 Register of Historic Places nomination for the U.S. Coast Guard Station/Seatack Life 38 Saving Station, in accordance with the Summary of Terms, attached hereto as 39 Exhibit A, and other such terms, conditions, and modifications as may be acceptable 40 to the City Manager and in a form deemed satisfactory by the City Attorney. 41 42 2. $8,775.00 is hereby accepted from the Commonwealth's Department of Historic 43 Resources and appropriated,with revenue increased accordingly,to the FY 2025-26 44 Operating Budget of the Department of Planning, to update the National Register of 45 Historic Places nomination. 46 47 3. A local grant match of$8,775.00 is hereby authorized from existing resources in the 48 Department of Planning's Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 th day of September 2025. Requires an affirmative vote by a majority of all members of the City Council APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU ENCY: B dget and Management Service orney's Office CA16960 R-1 September 4, 2025 EXHIBIT A SUMMARY OF TERMS OF CERTIFIED LOCAL GOVERNMENT SUBGRANT AGREEMENT ("SUBGRANT AGREEMENT") PARTIES: City of Virginia Beach("City") Commonwealth's Department of Historic Resources ("DHR") TERM: Subgrant Agreement expires on August 31, 2026 PURPOSE: To update the National Register of Historic Places nomination for the U.S. Coast Guard Station/Seatack Life Saving Station. TERMS: The Subgrant Agreement requires DHR to: • Provide a grant to the City in the amount of$8,775.00. The Subgrant Agreement requires the City to: • Provide a fifty percent(50)match in the amount of$8,775.00. • Submit quarterly progress reports and a final report to DHR. • Perform all work by August 31, 2026. • Submit requests for reimbursement in the quarterly reports. • Submit final product submissions to the National Park Service. • Retain all financial and programmatic records related to the grant for three years The source of the City's match is already appropriated funds within the Department of Planning's FY2025-26 Operating Budget. 23 ITEM— V.J..3 ORDINANCES ITEM#77536 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $669,568 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re administration of Virginia Task Force 2 Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 16, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL FUNDS FROM FEMA FOR THE 3 CONTINUED OPERATION OF THE VIRGINIA TASK 4 FORCE 2 URBAN SEARCH AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $669,568 is hereby accepted from the Federal Emergency Management Agency 10 and appropriated, with federal revenue increased accordingly, to the FY 2025-26 11 Operating Budget of the Virginia Beach Fire Department, for the administration of 12 Virginia Task Force 2. 13 14 2. The continuation of grant-funded positions is conditioned upon future grant support 15 for such positions. 16 17 3. The City does not guarantee replacement of equipment purchased with grant 18 funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of September , 2025. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services y_Att9fh4Ks Office CA16963 R-1 September 3, 2025 24 ITEM— V.J.4 ORDINANCES ITEM#77537 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$216,870 in Aid to Localities Grant Funding from the Virginia Department of Fire Programs to the FY 2025-26 Fire Department Operating Budget re training, construction of training centers,firefighting equipment and protective clothing 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 September 16, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF FIRE PROGRAMS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1. $216,870 in additional Aid to Localities Grant funding is hereby accepted from the 8 Virginia Department of Fire Programs and appropriated, with revenue from the 9 Commonwealth increased accordingly, to the FY 2025-26 Operating Budget of the 10 Virginia Beach Fire Department for training, construction of training centers, 11 firefighting equipment, and protective clothing. 12 13 2. The City does not guarantee replacement of equipment purchased with grant 14 funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of September , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services t orney's Office CA16964 R-1 September 3, 2025 25 ITEM— VJ.5 ORDINANCES ITEM#77538 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$51,129.38 and$1,533.88from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re Virginia Task Force 2 mobilization for floods in Texas 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 September 16, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TEXAS FLOODS 3 DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $51,129.38 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2025-26 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for floods in Texas. 12 13 2) $1,533.88 is hereby accepted from the Federal Emergency Management 14 Agency and appropriated, with federal revenue increased accordingly, to the 15 FY 2025-26 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for floods in Texas. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of September , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services 4ityyy tto ey's Office CA16967 R-1 September 3, 2025 26 ITEM— V J.6 ORDINANCES ITEM#77539 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$22,500 from sale of equipment to the FY 2025-26 Fire Department FEMA Administrative Grant repurchase of replacement vehicle for Virginia Task Force 2 rolling stock fleet 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 September 16, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 REVENUE FROM THE SALE OF EQUIPMENT TO THE 3 FEMA ADMINISTRATIVE GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $22,500 is hereby appropriated from the sale of equipment, with revenue 9 increased accordingly, to the FY 2025-26 Operating Budget of the Virginia Beach Fire 10 Department, to the FEMA Administrative Grant to purchase a replacement vehicle for the 11 Virginia Task Force 2 rolling stock fleet. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day Of September 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an anagement Services ttorney's ffice CA16965 R-1 September 3, 2025 27 ITEM— Y.J.7 ORDINANCES ITEM#77540 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$17,063.75 and$511.91 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re Virginia Task Force 2 mobilization for Tropical Cyclone Erin 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 September 16, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TROPICAL CYCLONE 3 ERIN DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $17,063.75 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2025-26 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for Tropical Cyclone Erin. 12 13 2) $511.91 is hereby accepted from the Federal Emergency Management Agency 14 and appropriated, with federal revenue increased accordingly, to the FY 2025- 15 26 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for Tropical Cyclone Erin. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of September , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- Budget and Management Services t rney's Office CA16966 R-1 September 3, 2025 28 ITEM— V.J.8 ORDINANCES ITEM#77541 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council ADOPTED, BY CONSENT, Ordinance to CARRY FORWARD and APPROPRIATE $10,867,297 into the FY 2025-26 Operating Budget re purposes previously approved in FY2024-25 Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None September 16, 2025 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $10,867,297 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2024-25 INTO THE FY 4 2025-26 OPERATING BUDGET 5 6 WHEREAS, funding totaling $10,867,297 were unexpended at the close of Fiscal 7 Year 2024-25 and require re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2025-26 Operating Budget. 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA THAT: 12 13 1) $10,867,297 is hereby appropriated in the FY 2025-26 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A- FY 15 2024-25 Items Requested for Carry Forward into FY 2025-26," with a 16 corresponding increase in revenue from each respective fund stated therein. 17 18 2) Of this amount, $4,363,161 is transferred as pay-as-you-go funding to the FY 19 2025-26 Capital Improvement Program to Capital Projects #100676 "Mosquito 20 Control Replacement" and #100074 "21st Century Enterprise Resource 21 Planning" in the amounts set forth in the aforementioned exhibit. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day Of September , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement ervices it ne s ice CA16962 R-1 September 3, 2025 Exhibit A:FY 2024-25 Items Requested for Carry Forward into FY 2025-26 Department Amount Purpose Cultural Affairs $300,000 Call to Artists-An interactive public art installation supported by art and culture dedication. Public Works $721,650 Funding from VDOT is intended to purchase two specialized Mini Mac Striping vehicles. Public Works $691,022 Masterworks implementation and annual subscription. Planning $7,793 VA250 Commission unexpended funds from FY25 that can be used in FY26 by the committee. Public Works Funding to support the increased cost of CIP 100676 Mosquito Control Replacement from the $3,860,173 Stormwater dedication.Funds will be transferred to the CIP. Communications $180,000 Public engagement and outreach efforts for the 2025 Referendum as approved in late FY25. General Fund $5,760,638 Public Works $57,634 Funding to purchase an unmanned remote-controlled mower for maintenance of stormwater management facilities and ditches. Public Works $453,779 Funding is intended to replace one tandem dump truck for use in Storm Water Operations. Public Works $186,248 Asset management program partially implemented in FY25 to be completed in FY26. Storm Water Utility Enterprise Fund $697,661 Public Works $325,000 Funding for Hazinai locker and installation. Public Works $581,000 Vehicle replacements for Waste Management. Waste Management Enterprise Fund $906,000 Information Technology $502,998 Funding to support the cost of CIP 100074 21st Century Enterprise Resource Planning from the IT. Funds will be transferred to the CIP. Information Technology Internal Service Fund $502,998 General Government $3,000,000 Atlantic Park Pre-Stabilization Reserve not expended in FY25. Tourism Investment Program Fund $3,000,000 r 29 ITEM— VJ.9 ORDINANCES ITEM#77542 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council DEFERRED TO DECEMBER 9,2025,BY CONSENT,ASHDON BUILDERS 1,LLC for a Certi icate of Appropriateness re appeal of Historical Review Board Decision on application to modify #25-12 to install white vinyl fencing(DENIED) at 2508-2524 Peaceful Lane DISTRICT 2 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None September 16, 2025 30 ITEM— V X I PLANNING ITEM#77543 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of DONNA D. HARRIS& BORIS G. DREWfor a Variance to Section 4.4.(b)of Subdivision Regulations re lot width at 970 Whitehurst Landing Road DISTRICT I BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DONNA D. HARRIS & BORIS G. DREW for a Variance to Section 4.4.(b)of Subdivision Regulations re lot width at 970 Whitehurst Landing Road(GPIN 1466330252) DISTRICT] The following conditions shall be required: 1. The lot shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision of A Portion of Parcel `D'Subdivision of the John W. Smith Estate"dated May 21, 2025, and prepared by Fox Land Surveying, PC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A public sewer line is present along the western property line of the subject property. A public utility easement must be dedicated on the final plat for maintenance of this line in accordance with Section 4.2(a) of the Subdivision Regulations Design Standards. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the le day of September 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 September 16, 2025 R7.,5 0 0 Z \ S 01\R G� — N iTFy R 7 �Rsr< gN��NG RO A. . O G ` p ® Site N Zoning Donna D. Harris & Boris G. Drew W E �] Property Polygons 970 Whitehurst Landing Road 11 Feet 0 25 50 100 150 200 Map created by Planning Department on 8/29/2025 31 ITEM— V K.2 PLANNING ITEM#77544 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of GLOBAL MONTELLO GROUP CORP.for a Change in Noncon ormiN re relocate an existing nonconforming sign at 1689 Laskin Road DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 GLOBAL MONTELLO GROUP CORP.for a Change in Noncon ormity re relocate an existing nonconforming sign at 1689 Laskin Road(GPIN 2407880612) DISTRICT 6 The following conditions shall be required: 1. The proposed location of the sign and associated improvements, including the new curbline and landscaping, shall be substantially in conformance to the concept plan entitled "Sign Location Plan", originally dated March 18, 2025 and revised June 17, 2025,prepared by German-Pedersen, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development.As indicated on the plan, the sign shall be no closer than three feet(3) to the property line. 2. Only the existing sign, as shown in the submitted "Previously Existing Sign"exhibit, or a sign that otherwise fully complies with current regulations, may be placed at the location specified in Condition 1. 3. The existing sign shall not be modified in any way that increases the height, width, or size of the sign face. 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 16`h day of September 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 September 16, 2025 1 A RESOLUTION TO ALLOW THE RELOCATION AND 2 EXPANSION OF A NONCONFORMING STRUCTURE ON 3 PROPERTY LOCATED AT 1689 LASKIN ROAD 4 5 WHEREAS, Global Montello Group Corp. (the "Applicant") has made application 6 to the City Council for authorization to relocate and expand the nonconforming sign 7 located at 1689 Laskin Road and zoned B-2 Community Business District; 8 9 WHEREAS, this parcel currently contains a sign that does not meet the current 10 zoning regulations. The sign is 22 feet and 7 inches in height with a sign face area of 97.9 11 square feet, which is not permitted under the City Zoning Ordinance. The sign was 12 constructed prior to the adoption of the applicable zoning regulations and is therefore 13 nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on August 13, 2025; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structure as expanded is equally 21 appropriate or more appropriate to the zoning district than the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed nonconforming structure as 27 relocated and expanded, will be equally appropriate to the district as is the existing 28 structure under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 1. The proposed location of the sign and associated improvements, including the new 34 curbline and landscaping, shall be substantially in conformance to the concept plan 35 entitled "Sign Location Plan", originally dated 03/18/2025 and revised 06/17/2025, 36 prepared by German-Pedersen, Inc., which has been exhibited to the Virginia Beach 37 City Council and is on file with the Department of Planning & Community 38 Development. As indicated on the plan, the sign shall be no closer than three feet (3') 39 to the property line. 40 41 2. Only the existing sign, as shown in the submitted "Previously Existing Sign" exhibit, or 42 a sign that fully complies with current regulations, may be placed at the location 43 specified in Condition 1. The existing sign shall not be modified in any way that 44 increases the height, width, or size of the sign face. 45 46 3. Any new freestanding sign shall meet all applicable requirements of the City Zoning 47 Ordinance in effect at that time, including but not limited to setback, sign height, and 48 size of sign face. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of September 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning and Community City Attorney's Office Development CA16930 R-2 August 4, 2025 2 �ASy R� iN Rp 0 o a N r r c � v 62 0 rZ r 00 B2 6PNKERS LN ® Site N p zoning Global Montello Group Corp. WG Property Polygons 1689 Laskin Road S Feet 0 15 30 60 90 120 Map created by Planning Department on 8/29/2025 32 ITEM— V.K.3 PLANNING ITEM#77545 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of MICHAEL L. McGLYNN& TRACI R. McGLYNNfor a Change in Noncon ormiU re add a frontporch and a 2nd story addition with balcony to an existing single-family dwelling at 311 35`h Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MICHAEL L. McGLYNN & TRACI R. McGLYNN for a Change in Nonconformity re add a front porch and a 2"d story addition with balcony to an existing single-family dwelling at 311 35`h Street (GPIN 2418936530) DISTRICT 6 The following conditions shall be required: 1. The site shall be developed in substantial conformance to the exhibit entitled "Proposed Additions and Physical Survey of 311 35th Street Lot 1 & eastern five feet of Lot 2 Sea Pines(M.B. 22, P. 66)Site I Linkhorn Park(M.B. 5, P. 93) & (M.B. 5, P 151),"prepared by Hayden Frye and Associates Inc. Land Surveyors, dated December 4, 2024, Revised: March 4, 2025,April 2, 2025,May 15, 2025,June 3, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, materials, and color palette to the building elevations entitled "South Elevation"and "East Elevation,"dated July 28, 2025, depicted on page 9 of this report which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development Permits and Inspections Division. 4. The applicant shall remove and not replace the existing shed on the site. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day of September Two Thousand Twenty Five. September 16, 2025 33 ITEM— V.K.3 PLANNING ITEM#77545 (Continued) Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 16, 2025 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 311 35th Street 4 5 WHEREAS, Michael L. McGlynn and Traci R. McGlynn (the "Applicants") have 6 made application to the City Council for authorization to alter and expand the 7 nonconforming dwelling at 311 35th Street and zoned A-12 Apartment District; 8 9 WHEREAS, this parcel currently contains a single family dwelling deficient in front, 10 side, and rear yard setbacks; deficient in minimum lot width; lot coverage greater than 11 30%; and therefore does not meet the current zoning regulations. Single family dwellings 12 are not permitted in the A-12 Apartment District. The dwelling was constructed prior to 13 the adoption of the applicable zoning regulations and is therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on August 13, 2025; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming use or structure is unlawful in the absence of a resolution of the City 20 Council authorizing such action upon a finding that the proposed use or structure as 21 expanded is equally appropriate or more appropriate to the zoning district than the 22 existing use or structure. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed nonconforming use and 28 structure as expanded, will be equally appropriate to the district as the existing use and 29 structure under the conditions of approval set forth herein below. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 1. The site shall be developed in substantial conformance to the exhibit entitled 35 "Proposed Additions and Physical Survey of 311 35th Street Lot 1 & Easer Five Feet 36 of Lot 2 Sea Pines (M.B. 22, P.66) Site I Linkhorn Park (M.B. 5, P. 93) & (M.B. 5, 37 P.151)" prepared by Hayden Frye and Associates Inc. Land Surveyors, dated 38 December 4, 2024, Revised: 3/4/25, 4/2/25, 5/15/25, 6/3/25, which has been exhibited 39 to the Virginia Beach City Council and is on file in the Department of Planning and 40 Community Development. 41 42 2. The exterior of the proposed building expansion shall substantially adhere in 43 appearance, size, materials, and color palette to the building elevations entitled"South 44 Elevation" and "East Elevation," dated July 28, 2025, depicted on page 10 of the staff 45 report which has been exhibited to the Virginia Beach City Council and is on file with 46 the Department of Planning and Community Development. 47 48 3. The applicant shall obtain all necessary permits and inspections from the Department 49 of Planning and Community Development Permits and Inspections Division. 50 51 4. The applicant shall remove and not replace the existing shed on site. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of September 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community i y Attorney's Office Development 0 CA16929 R-4 August 29, 2025 2 3g1N NA�F St m v -o A1.2 N 0 35'�N g't ® Site ® Zoning W- � L Michael L. & Traci R. McGlynn Property Polygons 311 35th Street s Feet 0 10 20 40 60 80 Map created by Planning Department on 8/29/2025 34 ITEM— VK,4 PLANNING ITEM#77546 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED, AS MODIFIED, AS PROFFERED, BY CONSENT,Application of VIRGIN14 BEACH RESIDENCES, LLC / BAKER ROAD PROPERTIES, LLC for a Modification of Proffers to a Conditional Change of Zoning reconstruct a 375-unit multi family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road DISTRICT 4(Deferred from 0811212025) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH RESIDENCES, LLC / BAKER ROAD PROPERTIES, LLC for a Modi mcation of Proffers to a Conditional Change of Zoning re construct a 375-unit multi family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road (GPINs: 1469005850, 140014520) DISTRICT 4(Deferred from 0811212025) 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 16`h day of September 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 September 16, 2025 VIRGINIA BEACH RESIDENCES,LLC,a Delaware limited liability company BAKER ROAD PROPERTIES LLC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS(this "Agreement")is made as of this 11 day of May, 2025, by and between VIRGINIA BEACH RESIDENCES, LLC, a Delaware limited liability company ("VBR", and to be indexed as grantor); BAKER ROAD PROPERTIES LLC. a Virginia limited liability company("Baker",and to be indexed as grantor)(VBR and Baker hereinafter collectively referred to as"Grantors");and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Baker is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Numbers 1469-00-5850-0000 and 1469-01-4520-0000 (formerly portions of GPIN Number 1469-01-4169-0000) (the "Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A;and WHEREAS, VBR is the contract purchaser of the Property;and WHEREAS,the Property is currently zoned Conditional A-36, and is subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between Baker Road Properties,LLC, a Virginia limited liability company, and Grantee, dated October 28, 2021, and recorded April 15,2022 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia(the"Clerk's Office")as Instrument Number 202203022395(the"Original Proffers");and WHEREAS,the Grantors desires to amend the Original Proffers as stated herein. NOW THEREFORE, the Grantors, for themselves, and their successors, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions,namely: GPIN No.: 1469-00-5850-000; 1469-01-4520-0000 Document Prepared By: Robert P.Beaman III,Esq. (VSB No.74668) Troutman Pepper Locke LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 1. Proffered Condition#1 is hereby amended to state in its entirety as follows: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled"LIVANO VIRGINIA BEACH—CONCEPTUAL SITE PLAN", dated June 17, 2025, and prepared by PLOT STUDIO (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,and which is incorporated herein by this reference. 2. Proffered Condition#2 is hereby amended to state in its entirety as follows: The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibits prepared by PRDG, entitled "PRELIMINARY EXTERIOR ELEVATIONS" Sheets A-1 and A-2 for "LIVANO VIRGINIA BEACH 1276 BAKER ROAD VIRGINIA BEACH, VA 23455 LIV DEVELOPMENT",dated May 1,2025(the"Elevations"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,and which is incorporated herein by this reference. 3. Proffered Condition#3 is hereby amended to state in its entirety as follows: Landscaping installed on the Property,when developed,shall be in substantial conformity with that shown on the exhibit prepared by PLOT STUDIO,entitled"LIVANO VIRGINIA BEACH —CONCEPTUAL LANDSCAPE PLAN",and dated June 17,2025 (the"Landscape Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,and which is incorporated herein by this reference. 4. Proffered Condition#6 is hereby added to the Original Proffers, and shall read in its entirety as follows: "No more than 375 multifamily residential units may be developed on the Property." 5. Proffered Condition#7 is hereby added to the Original Proffers, and shall read in its entirety as follows: "The accessory garages and compactor enclosure constructed on the Property, substantially as shown on the Concept Plan, shall be subject to minimum front yard setbacks from the Baker Road right-of-way of three and one-half feet (3.5') and eight and one-half feet (8.5% respectively,in lieu of the thirty foot(30')minimum setback otherwise required under Section 602(d)of the Zoning Ordinance. Additionally, freestanding signage on the Property shall be subject to a minimum front yard setback from the Baker Road right-of-way of three and one- half feet(3.5%in lieu of the five foot(5')minimum setback required under Section 214(b)of the Zoning Ordinance." 6. Proffered Condition #8 is hereby added to the Original Proffers, and shall read in its entirety as follows: For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property (the "Expiration Date"), seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as"attainable housing units." The attainable housing units shall be integrated 2 into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%)of Area Median Income for the Virginia Beach-Norfolk-Newport News,VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjusted for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation,or his/her designee,provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date, this Proffer#8 shall automatically terminate and be of no further force or effect. 7. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. 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. Except as otherwise provided in Paragraph 6,above,the covenants,restrictions and conditions set forth above,having been proffered by the Grantors and allowed and accepted by the Grantee,shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless,notwithstanding the foregoing,these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument;provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantors covenant and agree that (1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages or other appropriate action,suit or proceedings;(2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court;and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantors and Grantee. 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: Virginia Beach Residences, LLC, a Delaware limited liability company Nam�ee: ram to Title: COMMONWEALTH/STATE OF ALAo.AM� CITY/COUNTY OF J(FFZ re 5oq ,to-wit: The foregoing instrument was acknowledged before me this _ off"' day of ArgoiL , 20 7,5 , by ,)Aso fr FA tqf , who is personally known_,-to we or has produced as identification, in his/her capacity as AU-M49izxo RErk9fC-1r7A711'P0f Virginia Beach Residences, LLC, on behalf of the company. rlia Notary Public My Commission Expires: fZ 2 ��..����14Mgs '•.. Registration No. [NOTARIAL SEAL/STAMP] : D : �0� :� 4 GRANTOR: BAKER ROAD PROPERTIES LLC, a Virginia limited liability company By: ---- Name: .4,✓ t!i'i.4d,4tirs Title: Wi�t COMMONWEALTH OF VIRGINIA CITY OF N o(f 1 , to-wit: The fore oin instrument was acknowledged before me this day of_AU , 2925, b '. � rr who is personally known to me or has pr uced rlrluc%S lians;t, as identification, in his/her ca acity as of Baker Road Properties LLC, on behalf of the co p ny. Notary Public My Commission Expires: *1 2-0 Registration No. �ug3LO [NOTARIAL SEAL/STAMP] RENEE LEE RUDISILL NOTARY PUBLIC REGISTRATION Y 7976436 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER31.2026 5 EXHIBIT A Legal Description GPIN 1469-00-5850-0000 & 1469-01-4520-0000 ALL those certain lots, pieces or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, together with the appurtenances thereon, known and designated as "PARCEL I-A-l" and "PARCEL I-A-2", on that certain plat entitled "Subdivision of Parcel I-A (Inst. #20080619000724260) Property of Baker Road Properties LLC Virginia Beach, Virginia", dated April 28, 2022, and prepared by VHB, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 202307000090. IT BEING the same property conveyed to Baker Road Properties, LLC, a Virginia limited liability company, by deed from 1276 Baker Rd LLC, a Florida limited liability company, dated April 16, 2021 and recorded April 29, 2021 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202103035976. 6 n A3.6 C3a A36 ° rt' GAF p vpp VWI/ �p B2> Ce ° M Q� aB2 B2 40 ® site " p zoning Virginia Beach Residences, LLC W E 0 Property Polygons 1276 Baker Road & vacant parcel north of S =j Building 1276 Baker Road Feet 0 90 180 360 540 720 Map created by Planning Department on 7/15/2025 35 ITEM— V.K.5 PLANNING ITEM#77547 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of VB FBDCLLCDBA FUNNYBONE DRAFT CADE/PEMBROKE SQUARE ASSOCIATES, LLC for a Special Exception for Alternative Compliance re install a 91 square foot sign at 4554 Virginia Beach Boulevard, Suite 100 DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VB FBDC LLC DBA FUNNY BONE DRAFT CADE/PEMBROKE SQUARE ASSOCIATES, LLC for a Special Exception for Alternative Compliance re install a 91 square foot sign at 4554 Virginia Beach Boulevard, Suite 100(GPIN 1477554898) DISTRICT 9 The following conditions shall be required: 1. The sign shall be installed in substantial conformance with the sign plan labeled "Internally Lit LED Channel Logo/Letter, Flush Mounted" dated August 4, 2025, with client name "Funny Bone, Pembroke", prepared by Upward Signs, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. An approved sign permit shall be received from the Department of Planning and Community Development prior to the installation of the sign. 3. Any alteration to the sign shall require a new Special Exception to Alternative Compliance request, unless the alteration creates compliance with the prescribed form for wall signs as stated in Section 2210 of the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day of September 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 September 16, 2025 R7;5 R7.5 R775 B3 CORPORATION LN ,-z=jwz[! w JEANNE ST B3 M M m rn CORPORATION Cjy B 3 Z Z --.� z CBC oyN� mp M M> Ga vw v O2, BROAD ST 5-z K�2, 0 z w a w 0 City Treasure ? p Pembroke CBC CBC CBC Princess Sch A BEACH BLVD VIRGINIA BEACH BLVD VIRGINIA BEACH BLVD A BEACH BLVD VIRGIN: BEACH BLVD ® Site N O zoning VB FBDC LLC dba Funny Bone Draft Cade NF Property Polygons 4554 Virginia Beach Boulevard, Suite 100 Feet 0 95 190 380 570 760 Map created by Planning Department on 8/29/2025 36 ITEM— V.K.6 PLANNING ITEM#77548 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of CHARLESEHASAN/CECFAMILY TRUST for a Conditional Use Permit re short term rental at 213 0 Street DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHARLESE HASAN/ CEC FAMILY TRUST for a Conditional Use Permit re short term rental at 213 4" Street (GPIN 24272286045670) DISTRICT 5 The following conditions shall be required.• 1. The following conditions shall only apply to the dwelling unit addressed as 213 4'h Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. September 16, 2025 37 ITEM— V.K.6 PLANNING ITEM#77548 (Continued) 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements `a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1) rental contract for every seven (7) consecutive days. September 16, 2025 38 ITEM— VK6 PLANNING ITEM#77548 (Continued) 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of$at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.in. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. September 16, 2025 39 ITEM— V.K.6 PLANNING ITEM#77548 (Continued) 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16'* day of September 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 September 16, 2025 i q H 'ff H n G' m OR m AlkA S� ® Site N p zoning Charlese Hasan w E Property Polygons 213 4th Street s Feet 0 10 20 40 60 80 Map created by Planning Department on 8/29/2025 40 ITEM— Y.K.7 PLANNING ITEM#77549 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of DAVID & DEBORAH DOWDY/ DAVID WAYNE&DEBORAHM.DOWDYfor a Conditional Use Permit re short term rental at 423 21" Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DAVID & DEBORAH DOWDY/DAVID WAYNE & DEBORAH M. DOWDYfor a Conditional Use Permit re short term rental at 423 21s` Street(GPIN 24270823850001) DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 423 21'Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A third(3rd)and fourth(4th)parking space,at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. September 16, 2025 41 ITEM— VX 7 PLANNING ITEM#77549 (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements 'a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. September 16, 2025 42 ITEM— VK.7 PLANNING ITEM#77549 (Continued) 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 19. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. September 16, 2025 43 ITEM— V.K.7 PLANNING ITEM#77549 (Continued) 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16'h day of September 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 September 16, 2025 OR(STR-O 1 ST 215�NALF OR(STR-OR) OR 2�s� ST ® site N Zoning David & Deborah Dowdy W E 0 Property Polygons 423 21 st Street S Feet 0 10 20 40 60 80 Map created by Planning Department on 8/29/2025 44 ITEM— V.K.8 PLANNING ITEM#77550 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of RICHARD F.DAVIS and RICHARD A.DAVIS for a Conditional Use Permit re short term rental at 304 28`h Street, Unit 206 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RICHARD F. DAVIS and RICHARD A. DAVIS for a Conditional Use Permit re short term rental at 304 28`h Street, Unit 206 (GPIN 24280028662006) DISTRICT 6 The following conditions shall be required.• 1. The following conditions shall only apply to the dwelling unit addressed as 304 28`h Street, Unit 206, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. September 16, 2025 45 ITEM— vK.8 PLANNING ITEM#77550 (Continued) 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1)hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1) rental contract for every seven (7) consecutive days. September 16, 2025 46 ITEM— Y.K.8 PLANNING ITEM#77550 (Continued) 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least P-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. September 16, 2025 47 ITEM— V.K.8 PLANNING ITEM#77550 (Continued) 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16' day of September 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 September 16, 2025 OR(STR-OR) 2g1H SS O'R a �L m OR(STR-OR) A36(OB) HALF ST ® Site N C] zoning Richard F. Davis & Richard A. Davis WE Property Polygons 304 28th Street, Unit 206 S Feet 0 15 30 60 90 120 Map created by Planning Department on 8/29/2025 48 ITEM— V.K.9 PLANNING ITEM#77551 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Section 2404 re Western Campus Overlay District Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 16, 2025 1 AN ORDINANCE TO AMEND SECTION 2404 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO WESTERN CAMPUS 4 OVERLAY DISTRICT 5 6 Section Amended: § 2404 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA.- 13 14 That Section 2404 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 ARTICLE 24. - PEMBROKE SGA OVERLAY DISTRICTS—WESTERN CAMPUS 18 OVERLAY DISTRICT 19 20 Sec. 2404. Development standards. 21 22 23 24 (b) Building form standards (values expressed in feet unless otherwise indicated): 25 WC Height min. 24' Height (max.)', 2 55' Ground floor height, nonresidential (min.)2. 14' 3 Ground floor height, residential min. 3 10, Build-to zone 4 70% Transparency min. 4, 5 60% ground floor; 30% upper floors Blank wall max. 5,6 30' Permitted uses in mixed-use buildings' A, B, C, D, E, F' , G, H round floor Permitted uses in mixed-use buildings' A, B, C, D, E, F, G, H (upper floors 26 27 Key to permitted uses within a mixed-use building: 28 29 A: Retail and service. 30 B: Office. 31 C: Hotel lobby/conference space/accessory uses. 32 D: Restaurants. 33 E: Recreational, assembly or institutional. 34 F: Residential. 35 G: Hotel. 36 H: Commercial parking structures. 37 38 Notes: 39 40 . . . . 41 42 8. Residential dwelling units may not occupy more than fifty (50) percent of the total 43 floor area of the ground floor of the building in Whinh it ;s IGGated within a mixed-use 44 building. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of September 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department City Attorney's Olfice CA16928 R-1 July 15, 2025 49 ITEM— V.K.10 PLANNING ITEM#77552 Upon motion by Council Member Henley, seconded by Council Member Jackson-Green, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Floodplain Ordinance Sections 1.3, 4.3, 4.10, 6.1, 6.3, and 6.7 re functionally dependent uses, residential construction requirements and grandfathering 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 September 16, 2025 1 AN ORDINANCE TO AMEND SECTION 1.3, 4.3, 2 4.10, 6.1, 6.3 AND 6.7 OF THE FLOODPLAIN 3 ORDINANCE PERTAINING TO FUNCTIONALLY 4 DEPENDENT USES, RESIDENTIAL 5 CONSTRUCTION REQUIREMENTS AND 6 GRANDFATHERING 7 8 Sections Amended: §§ 1.3, 4.3, 4.10, 6.1, 6.3, and 9 6.7 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 1.3, 4.3, 4.10, 6.1, 6.3 AND 6.7 of the Floodplain Ordinance are 18 hereby amended and reordained to read as follows: 19 20 APPENDIX K — FLOODPLAIN ORDINANCE 21 22 ARTICLE I. — GENERAL PROVISIONS 23 24 . . . . 25 26 Sec. 1.3. — Definitions. 27 28 . . . . 29 30 Freeboard. A factor of safety usually expressed in feet above the base flood elevation 31 for purposes of floodplain management. "Freeboard" tends to compensate for the many 32 unknown factors that could contribute to flood heights greater than the height calculated 33 for a selected size flood and floodway conditions, such as wave action, bridge openings, 34 and the hydrological effect of urbanization in the watershed. When a freeboard is 35 included in the height of a structure, the flood insurance premiums may be less 36 expensive. 37 38 Functionally dependent use. A use which cannot perform its intended purpose unless it 39 is located or carried out in close proximity to water. The term includes only docking 40 facilities, port facilities that are necessary for loading and unloading of cargo or 41 passengers, and ship building and ship repair facilities, but does not include long-term 42 storage or related manufacturing facilities. 43 44 . . . . 45 46 ARTICLE IV. FLOODPLAIN DISTRICT PROVISIONS 47 48 . . . . 49 50 Sec. 4.3. Elevation and construction requirements. 51 52 In all floodplain districts, with the exception of Coastal A and Coastal High 53 Hazard (VE) zones, the following provisions shall apply: 54 55 A. Residential construction requirements. The lowest #feed floor, including 56 basement, shall be set to the higher of the following: 57 58 . . . . 59 60 Sec. 4.10. Floodplain subject to special restrictions. 61 62 A. All SFHAs that ultimately drain to Back Bay or the Currituck Sound shall be identified 63 as a floodplain subject to special restrictions. 64 65 B. The following provisions shall apply within the floodplain subject to special 66 restrictions: 67 68 1. Notwithstanding any provision of this ordinance to the contrary, no filling shall 69 be permitted, including filling with material excavated from the same floodplain 70 except for: 71 72 a. The purpose of public roadway or other similar public works 73 construction undertaken by the Department of Public Works or Virginia 74 Department of Transportation, or their agent for construction. This 75 construction includes flood protection and flood mitigation projects. If a 76 proiect received discretionary approval or was submitted for site plan 77 review prior to February 1, 2022, this can include any public roadway or 78 other similar public works construction; 79 80 . . . . 81 82 ARTICLE VI. —VARIANCES AND APPEALS 83 84 Sec. 6.1. — Administrative variances. 85 86 The floodplain administrator shall approve or deny an application requesting an 87 administrative variance after receipt of a complete application. Administrative variances 88 will only be -granted if they are not contrary to the public interest in cases in which the 89 strict application of the provisions of this ordinance would effectively prohibit or 90 unreasonably restrict the use of the subject property. No variance shall be granted for 91 any proposed use, development, or activity within any Floodway District that will cause 92 any increase of the base flood elevation. Administrative variances may only be granted 93 for the following uses, development, or redevelopment: 94 95 A. As defined in section 4.10, floodplains subject to special restrictions, for filling 96 only. 97 98 B. Any structure or use sustaining damage not caused by flood to an extent or 99 amount of fifty (50) percent or more of its market value to allow the structure 100 to be rebuilt to the freeboard height in effect at the start of construction for the 101 original structure. If the structure is a pre-FIRM structure, full compliance with 102 the current VAUSBC freeboard above the base flood elevation is required. 103 Structures that are utilizing an approved land management plan for their on- 104 site waste disposal may be allowed to continue the use of the land 105 management plan as long as it is approved by the city and the health 106 department, even for damage or destruction resulting from flood. 107 108 C. As defined in section 4.8 B, X and X (Shaded) Zone requirements. (Other 109 Areas of Flood Risk), and 4.3 A(ii) when the required finished floor is higher 110 than the BFE plus two feet of freeboard, where the floodplain administrator, in 111 consultation with the Development Services Center, has determined that the 112 proposed stormwater engineering design will approximately mitigate any 113 impacts to the finished floor of the nonresidential development. 114 115 (D) Any new construction or substantial improvement of functionally dependent 116 uses without requiring compliance with elevation or dry floodproofinq 117 requirements. Said administrative variance shall be issued only after 118 determining whether the inclusion of wet floodproofinq measures satisfies the 119 requirement that variances be the minimum necessary. 120 121 . . . . 122 123 Sec. 6.3. Application process. 124 125 A. Applications for variances under Section 6.2 City council from the requirements of 126 this ordinance shall be made to the city council and filed with the director of 127 planning. The fee for such applications shall be seven hundred eighty dollars 128 ($780.00). Such fee shall include all costs of notifications and advertising. Except in 129 cases in which such fee is waived, the director shall not accept any application not 130 accompanied by payment of the required fee. The procedure for the advertising, 131 hearing and determination of applications for floodplain variances shall be in 132 accordance with the requirements pertaining to applications for subdivision 133 variances, as set forth in section 9.4 of the subdivision ordinance. In cases in which 134 a variance application is filed by reason of a natural disaster that is the subject of a 135 federal declaration of emergency, application and associated advertising fees shall 136 be waived and such application shall be given expedited processing to the 137 maximum practical extent. 138 139 B. All variance applications shall be accompanied by the following: 140 1. A separate map, on a 1" = 100' or greater scale, identifying all proposed land 141 disturbance, including fill and mitigation areas, and the limits of the existing and 142 proposed SFHAs, tidal and non-tidal wetlands, Southern Rivers Watershed 143 Management Area Buffer, and CBPA Resource Protection Area Buffer; and 144 145 . . . . 146 147 Sec. 6.7. Appeals to variance decisions. 148 149 A. Appeals of decisions by the city council under Section 6.2 of this ordinance shall be 150 subject to review by the Circuit Court of the City of Virginia Beach, if filed within thirty 151 (30) days from the date of city council action. 152 153 B. Appeals to decisions made by the floodplain administrator under 6.1 of this 154 ordinance may be filed as a City council variance under Section 6.2 of this 155 ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of September 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: G�► Da4'Itl tanning Department Cilry Attorney's Office CA16927 R-3 July 30, 2025 50 ITEM— i!K11 PLANNING ITEM#77553 The following registered to speak.- Lisa Murphy, Chair— Virginia Beach Development Authority, 440 Monticello Avenue, Phone: 628-5540, spoke in SUPPORT Mike Ireland, CEO—Acoustical Sheet Metal, 2009 Hudome Way, Phone: 456-9720, spoke in SUPPORT Martha Thereault, 4311 Black Beard Road, Phone:287-2808, spoke in OPPOSITION Upon motion by Council Member Berlucchi, seconded by Council Member Schulman, City Council APPROVED, Ordinance to AMEND the 2016 Comprehensive Plan /Master Transportation Plan re removal of a portion of Southeastern Parkway and Greenbelt between Princess Anne Road and Hudome Way District 2 Voting: 10- 1 Council Members Voting Aye: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley Council Members Absent: None September 16, 2025 1 AN ORDINANCE TO AMEND THE 2016 2 COMPREHENSIVE PLAN PERTAINING TO 3 THE MASTER TRANSPORTATION PLAN BY 4 REMOVAL OF A PORTION OF THE 5 SOUTHEASTERN PARKWAY AND 6 GREENBELT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the 2016 Comprehensive Plan includes a Master Transportation 12 Plan and Primary Roadways Network Plan Map; 13 14 WHEREAS, amendments to the Plan and Map would eliminate a portion of the 15 Southeastern Parkway and Greenbelt between Princess Anne Road and Hudome Way, 16 allowing study of alternative routes that account for recent infrastructure improvements 17 within the area, while also maximizing the usable space within Innovation Park; 18 19 WHEREAS, the Planning Commission at its September 10, 2025 public hearing 20 recommended the approval of the attached revision to the 2016 Comprehensive Plan 21 regarding the removal of a portion of the Southeastern Parkway and Greenbelt between 22 Princess Anne Road and Hudome Way. 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the 2016 Comprehensive Plan, is hereby amended and reordained to 28 include the revisions attached hereto amending the Master Transportation Plan and 29 Primary Roadways Network Plan Map. Other than as expressly amended and 30 reordained by this ordinance, all other provisions of the Master Transportation Plan and 31 Primary Roadways Network Plan Map remain the same. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day Of September 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: nning Department Ci y Attorney's Office CA16961 R-1 September 2, 2025 Primary Roadways Network f` Janf f' •EapMrfanory 1 6a -IAfw yOQ� Cresk F'ga R J� srrJr J „Y`g1T4D r+tl7�n S i t; z In O rn A ?: ESLEy4N.40R ms O��' 9 SKIN•RD y hEDIN�GHJDR m R,`IA BEA0 LUD O h `- BONNEN'R 64 �76Rs•R8 �1 , t � Camp qrl:. O y tfs.ac x:: ��:. AO rtdkk:n 1 n.22 V8lC,t Lse r ct N��$ m yERReLrPKWN N fn Cft _ m � X 4� �NNWAVeN'PK DAM"EG* D r p I rpm/ Bumpy __e Nk5 rsah VI ` NI O'P 2� ' each � J. ,0\•` aG� Z VIRGI pNDBitfDGE RD nIJNEACroIfC aF.�ake 'ti_-__ Londng -4 Fhrk � rfiQ 'yell Cklb N..1 Aa.d.." L.ndng Fold t ra„b.. f srtil, nff'ti r.f VV7/77 FAtero•. Wilido 1 Rkfw3 C� O 7/28/2021 1:144,448 O Proposed Interchanges 0 1.25 2.5 5 mi HTr 0 Proposed Fly--0 2 4 8 km Southeastern Parkway Primary Roadways Major Arterial up to 6 lanes Mid Arterial up to 6 lanes Mid Arterial up to 6 lanes Minor Arterial up to 4 lanes Major Collector up to 4 lanes Minor Collector up to 2 lanes Parkway Rural Collector Princess Anne Commons/Transition Area Parkway up to 4lanes Princess Anne Commonsffransition Area Parkway up to 2 lanes City of Chesapeake, City of Virginia Beach,VITA, Esn, HERE. Gannin,USGS,NGA,EPA.USDA,NPS Interstate Future Roadways Virginia Beach City Boundary Portion of Southeastern Parkway and Greenbelt to be Removed F ' ♦k♦•+r ,��. ,+t i i• i i ;✓ a 1 CF SS i y�R O �� j/j ii•iii AREA .+. i 6� PROPOSED v TO BE ri ii its REMOVED 0 fi i oy M �k s 09/16/2025 51 ITEM— V L APPOINTMENTS ITEM#77554 BY CONSENSUS, City Council RESCHEDULED thefollowingAPPOINTMENTS: ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE DEFERRED COMPENSATION BOARD HEALTH SERVICES AD VISOR Y BOARD HISTORICAL REVIEW BOARD INDEPENDENT CITIZENREVIEWBOARD PLANNING COMMISSION PUBLIC LIBRARYBOARD TRANSITION AREAIINTERFA CILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD September 16, 2025 52 ITEM— V.L APPOINTMENTS ITEM#77555 Upon nomination by Council Member Henley, City Council APPOINTED: TYLER CHEN (Student Member) Student term 911612025—613012026 BEACHES AND WATERWAYS ADVISORY COMMISSION 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: Nonc September 16, 2025 53 ITEM— T.L APPOINTMENTS ITEM#77556 Upon nomination by Council Member Henley, City Council APPOINTED: BEN WILLIS (Alternate Member) Unexpired term thru 313112030 NATALIE BORECKI (Alternate Member) Five year term 911612025—813112030 RICHARD CORNER (Alternate Member) Unexpired term 111112025- 1213112029 BOARD OF ZONING APPEALS 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 September 16, 2025 54 ITEM— V.L APPOINTMENTS ITEM#77557 Upon nomination by Council Member Henley, City Council REAPPOINTED: LORI ZONTINI (Citizen Member) Three year term 111112025—1013112028 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 September 16, 2025 55 ITEM— V.L APPOINTMENTS ITEM#77558 Upon nomination by Council Member Henley, City Council APPOINTED: WENDYHU (Finance) No Term DEFERRED COMPENSATION 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 September 16, 2025 56 ITEM— V.L APPOINTMENTS ITEM#77559 Upon nomination by Council Member Henley, City Council APPOINTED: GRACE CURRAN GREFSONNETTER (Student Members) Student term 911612025—613012026 HISTORIC PRESERVATION COMMISSION 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 September 16, 2025 57 ITEM— V.L APPOINTMENTS ITEM#77560 Upon nomination by Council Member Henley, City Council REAPPOINTED: BERNICE POPE Three year term 111112025— 1013112028 HISTORICAL REVIEW 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 September 16, 2025 58 ITEM— V.L APPOINTMENTS ITEM#77561 Upon nomination by Council Member Henley, City Council APPOINTED: BETH ANNE CAMPBELL (Citizen Member) Four year term 911612025—913012029 HANNAH SABO (Planning Department) Unexpired term thru 913012025 Plus four year term 101112025—913012029 HOUSING ADVISORYBOARD 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 September 16, 2025 59 ITEM— V.L APPOINTMENTS ITEM#77562 Upon nomination by Council Member Henley, City Council APPOINTED: SYLVIA NERY-STRICKLAND Unexpired term thru 313112026 Plus three year term 41112026—313112029 HUMAN RIGHTS COMMISSION 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 September 16, 2025 60 ITEM— V.L APPOINTMENTS ITEM#77563 Upon nomination by Council Member Henley, City Council APPOINTED: STEVEN CADE Unexpired term thru 212812028 MILITAR Y ECONOMIC DEVELOPMENT ADVISORY 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 September 16, 2025 61 ITEM— V.L APPOINTMENTS ITEM#77564 Upon nomination by Council Member Henley, City Council REAPPOINTED: CLAYBERNICK VINCENT BOWHERS FRANCIS DRUMM WILLIAM FLEMING Three year term 111112025—1013112028 OPEN SPACE ADVISORY 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 September 16, 2025 62 ITEM— V.L APPOINTMENTS ITEM#77565 Upon nomination by Council Member Henley, City Council APPOINTED: SAMANTHA HICKEY Unexpired term thru 813112028 PUBLIC LIBRARY 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 September 16, 2025 63 ITEM— V L APPOINTMENTS ITEM#77566 Upon nomination by Council Member Henley, City Council APPOINTED: AARIC MARKS HEATHER NEWTON Unexpired term thru 613012026 Plus four year term 71112026—613012030 SOCIAL SERVICES ADVISOR Y BOARD Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 16, 2025 64 ITEM— V.L APPOINTMENTS ITEM#77567 Upon nomination by Council Member Henley, City Council APPOINTED: DOUGLAS SMITH Three year term 911612025—813112028 STORMWA TER APPEALS 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 September 16, 2025 65 ITEM— V.L APPOINTMENTS ITEM#77568 Upon nomination by Council Member Henley, City Council APPOINTED: CAVELLE MOLLINEAUX (Minority Business Council) Unexpired term thru 1213112025 Plus two year term 11112026—121311202 7 VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE, 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 September 16, 2025 66 ITEM— V.L APPOINTMENTS ITEM#77569 Upon nomination by Council Member Henley, City Council APPOINTED: D.PAUL HOLLEY (Full Member) Unexpired term thru 813112026 Plus five year term 91112026—813112031 And REAPPOINTED: STEPHEN B.BALLARD (Alternate Member) Five year term 101112025—913 012 03 0 WETLANDS 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 September 16, 2025 67 ADJOURNMENT ITEM#77570 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:54 P.M. r' Terri a aus Chief Deputy C ty Clerk (,1\0/k Apy6nda B rnes,M C Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia September 16, 2025