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OCTOBER 21, 2025 INFORMAL AND FORMAL SESSION MINUTES
o,r C� U�o o Gp 0UR No VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia OCTOBER 21, 2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, October 21, 2025, at 1:30 P.M. Council Members Present: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M. Dyer,David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Barbara M. Henley—Arrived at 1:36 P.M. Cal "Cash"Jackson-Green—Arrived at 1:54 P.M. 2 CITY MANA GER'S BRIEFINGS INDEPENDENCE BOULEVARD AND WAKEFIELD DRIVE INTERSECTIONPROJECT ITEM#77648 1:32 P.M. Mayor Dyer welcomed L. J. Hansen, Director—Public Works. Mr. Hansen expressed his appreciation to City Council for their continued support and distributed copies of today s presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation. October 21, 2025 " a i.. , a .9 r i � 1 y Independence Blvd . and Wakefield Dr. / Paul Revere Rd . Intersection Improvements CI P 100423.106 City Council Briefing OCTOBER 21, 2025 1 Purpose of this Briefing - Provide an overview of the project - Review the purpose and need - Discuss Project History - Public Meeting Summary - Alternatives Analysis - Results - Questions/ Answers Note: This is an information briefing only — no action is required by City Council. 2 'VB • ! m >T 6 ley I ham sr� Pto 8 v m THOROUGHGOOD.9.w WD w LAKE SMITH n� MON TERRACE / _a u q r 1 J Project Location 1 _ / ! ooll - Project History (pre-2025) +y a. aw ✓ Fc ^�t'�'#s" `'R 3x x.. � ,y�".. il�ll ,III • o� P 2018: Thoroughgood neighborhood civic league request City to evaluate and 4 ' [ ddd address safety concerns. u . _ w 2018: The Public Works' Traffic Engineering Division evaluated the W�5. intersection and recommended installing a traffic signal. '+�► - . 2018: Recommendation was presented rr - to the stakeholders, and the project was - paused pending additional analysis. Fw • 2022 & 2024: The City updated the 4. Intersection Location traffic study. The results were the same as the original study. • 2024: Design began. 4 Project Purnn e an, Need -0 • Enhance motorist operations and safety . ¢ • Provide safe pedestrian and cyclist connectivity across Independence Boulevard for nearby residents and members of the Independence Middle School community k' d Intersection Location Public Engagement Project Location +4 N� sA public meeting was held on March 12, 2025, at Independence 41 �. _. Middle School 84 Attendees 45 Comment Sheets Provided at Meeting 106 total public comments provided LAY.E SNI 96 Comments from Unique Households " � '�` f a ' K ��. • 61% of commenters were not in yy'' t- •. ypt � 7•� may" ; t `Y� y ' s support of the project. W t • 63% commenters live in Lake Smith �Y 4 4rv#i 6 . ,. 'x Terrace t ^ ` �� , �, `' • 32% of commenters live in Commenter Locations Thoroughgood 6 Summer 2M, Study Alternatel s k 1. Modify the signal timings or phasing at existing signals along Independence Blvd. at Ewell Rd. and Haygood Road/ Wishart Road 2. Install signal at Independence Blvd. and at Wakefield Drive/ Paul Revere Road 3. Close the median at Wakefield Drive/ Paul Revere Road 4. Restrict side street left turns and through movements { g E i 5. Close access to Paul Revere Road at r . Independence Blvd. . Intersection Locations Alternative 1 4. • Modify the signal timings or phasing at existing signals along Independence Blvd. d r at Ewell Rd. and Haygood Road/ Wishart , y Road ` J�, 14 J,. • Goal of creating additional gaps in traffic flow along Independence Blvd to ,4 1 . ,k facilitate turning movements from Wakefield Dr. . l711 fllf Fil11! i _ ,- ?"_. £ r ! as 'ft I �J J 'FygQod �d, M� J • Iternatim-P., • Install signal at Independence Blvd. and at Wakefield Drive/ Paul RevereX Road 1 Current proposed alternative ®° Ir INDEPENDENCE BLVD. • Now w . 9 vZt Alternative 3 • Close the median at ".; s' Wakefield Drive/ Paul Revere Road I d015 • Eliminates all left-turnd` "w movements. • Eliminates through — ---- movements • Vehicles from Wakefield Dr _ �" TOP must use the signal at - Independence Blvd and Ewell Rd. 10 Alternative MUMIMUMg; Q • Restrict side street left turns and through movements . • Prohibit left turns from Wakefield Dr & Paul Revere Rd onto Independence Blvd. • Allows left turns from Independence Blvd onto Wakefield Dr and Paul — — Revere Rd. • Vehicles from Wakefield Dr must use the signal at Independence Blvd and � • Ewell Rd. - - 11 '. Alternative 5 • Close access to Paul Revere Road at Independence Blvd. • Install a new signal to n � accommodate all other movements. A.q� a � .� '"""'""""�`�• Iftlitillllllll�� � e 12w , Study Results - Deta SCENARIO @ EWELL SB @WAKEFIELD/ PAUL @HAYGOOD SB THROUGH REVERE WB LEFT THROUGH Existing Conditions p1�t. 1 (Corridor Re-timing) 108.5 • 61.2 14�t. 2 (Corridor Re-timing) 114.8 76.7 A��. 3 (Corridor Re-timing) 84.6 • • (Corridor Re-timing) 79.6 62. 1 /4�t. cJ (Corridor Re-timing) 108.6 82. 1 50 13 Study Results — Cut Through Traffic Using Streetlight location (D based historical data from 2024 • Avg. total of 1, 112 vehicles ' travel from Origin Zones to Q �. ram• aw Destination Zone :,w� ,... ... .W '�+'�^ ' fix p4a#ti4a*aeN'srn4 • Avg. of 56 vehicles per day (vpd) (5%) „cut through" . 4` Lake Smith Terrace .• *' � �^ _ �� �., ,ems «� a , s Origin Zone Destination 14 V mmary f Effecti ov r� Improves Wakefield Drive Delay SCENARIO Alternative Alternative Alternative Alternative Alternative 2 3 4 5 and Queue Distance Improves Wakefield Delay , Indicates how well the alternative improves the and Queue Distance delay and queue distance for Wakefield Drive left turns and through movements. V Indicates a reduction in delay and queue distance such that a significant reduction in the potential for angle crashes is achieved Indicates some reduction, but not to enough to significantly reduce the potential for angle crashes. 0 Indicates that the left turn and/or through movements have been eliminated at the intersection and will be rerouted to the Ewell Rd signal. 15 Summary of Effectiveness Alternative Alte Zative Alternative Alternative Alternative Impacts So ut h bo u n d SCENARIO Independence Blvd Improves Wakefield Delay and Queue Distance To improve Wakefield Drive Delay and Queue Impacts Southbound there is a corresponding negative impact on Independence Blvd Independence Blvd, especially southbound. This measure indicates how the alternative impacts Independence Blvd. 0 Indicates a negative impact to the delay, queue distance, and travel time of Independence Blvd. No alternatives had a positive impact. 16 ,Summary of Effectiveness Impacts to other SCENARIO Alternative Alternative Alternative Alternative Alternative .� 2 3 4 5 Neighborhood Streets Improves Wakefield Delay and Queue Distance Indicates impacts to other streets within the Impacts Southbound j11) neighborhood, particularly Ewell Road and Independence Blvd Dunstan Lane, if an alternative reroutes Impacts other f neighborhood streets traffic by making improvements. Indicates a likely increase in traffic on other neighborhood streets is not expected. Q Indicates some neighborhood streets are likely to experience an increase in traffic. 17 Summary of Effectiveness Alternative Alternative Alternative Alternative Alternative Meets Purpose and Need SCENARIO 1 2 3 4 5 Indicates if the alternative meets the stated Improves Wakefield Delay and Queue Distance purpose of these improvements, which is to Impacts d (� improve safety at Independence Blvd and IndependenceBence Blvd (� Wakefield Drive and reduce the potential for angle Impacts other ✓ �j crashes. neighborhood streets Li Meets Purpose J and Need? ✓ Indicates the alternative meets that objective Indicates some of the safety objective is met. Alternative 2 is the selected alternative However, since some Wakefield Dr traffic movements are prohibited, i.e. no left turns, other neighborhood streets will experience more traffic as a result. This is considered a negative impact. © Indicates that the objective of the improvements has not been met and that no significant changes have been made to Wakefield Dr delay or queue distance that suggests the potential for crashes has been reduced. 18 : Ste • Finalize Design: 100% design plans for new traffic signal Fall 2025. • Pre-Construction Preparation: Confirming quotes and ordering of new signal poles. • Construction Start: Begin construction in Spring 2026. • Project Completion: Target completion of construction Summer 2026. 19 Questions Projaect Website ® www.independencewakefieldpauirevere.com VBi CH Y CIF= VRGINIA BEA= . 20 i d r� Y Identify area of concern Initiate a traffic study (traffic studies in Virginia Beach are performed under supervision of a Professional g �` Engineer licensed in the Commonwealth of Virginia) Collect field data E - Traffic counts (number of vehicles passingthe intersection) �' "� - Roadway characteristicsWA ,. Identify and evaluate improvement options Installing Traffic Counters Document recommendations Prioritize for funding 21 What are Signal Warrants? 1. Eight-Hour Vehicular Volume 2. Four-Hour Vehicular Volume r 3. Peak Hour - 4. Pedestrian Volume � . 5. School Crossing 6. Coordinated Signal System 7. Crash Experience ' 8. Roadway Network � 9. Intersection Near a Grade Crossing Intersection Location 22 VO qN.11111111 III Jill Ir VA.BEACH I PUBLIC WORKS f TRAFFIC ENO CRASH DIAGRAM Wakefield Dr.at Independence Blvd. 1/01/2019—07/31/2024 (5 Years, 7 Months) Independence Blvd ti SYMBOLS CRASH TYPES NOTES 021IM4 • Moving Vehicle s-i*— Rear-End Crashes �Oe 05126123 •OHIO Backing Vehicle Head On 2019-3 0110310 Non-Involved Vehicle 2020—3 OUM4 4--- Side Swipe CL pedestrian 2021-1 Parked Vehicle A—t t-m Out of Control Left Turn2022-4 lomar Fixed Object n —.#-- 2023-4 I*— Right Angle 2024—3 Injury Crash 091109 (Thru July 3111,2024) "T Fatal Crash Total—18 INTERSECTION:Wa kef ield Dr/Paul Revere Rd. AND Independence Blvd. PERIOD FROJL-01/01/19 TO 07/31/24 By Jamarr Waples DATE 10/29/24 Public Engagement Outcomes : #o PerformResident's Comment Comments an advanced . • ''Consider this project as a safety improvement analyzing- Delay %oncern for cut-through traffic through Lake Smith Terrace 12 Waste of taxpayer money; too expensive along • • • Blvd. and Wakefield at , Pa Revere • • �° 'Concern that the signal introduces delays on Independence Blvd Existing Signal not the solution Concern about additional traffic on Wakefield Drive • • • tential future "cut- • • through No comments "AConsider this project as a bus route safety improvement Terrace Ys. Alternative Witnessed or been involved in accidents or near-misses improvements at the Witnessed multiple vehicles stacking in the medians intersectionof • • • Blvd. • at Wakefield Paul Revere ' • >C CA • • • V. r+ ° ZT o o ( o o W 0 uj rn � W � N V) 60 r+ (D 2 Q (D y A N O CD N "^ N N 'CD - m N tD Q' [D a m .. a 07 �7 G w W d a a � a 2D fp ik o � r a v o I a a m w ai o v X v m ° rD o - [ o Z a a O Z N N r N O _ CD - D - < n Z .. G .. .. Z v a N 2 2 2 z M A m G O Co W tt W ro y T ry V, a ID o r� m m G N W N 07 1 2 2 _O fD k @ m _ N N 1 N Ln D c � D z 0 ° rr �.�. �+ CD Q � 0 -< , l V � 0 a4 =j��) C m lD rt � � CL o � rt <• r- 0 o L � � � o :3 IliO-Q rD Q =r, Cry =r* N N 00 N � � r+ eb � ? v _ I n2 y ID = ip m ID � ray 2 * 2 m m 0 eD < m ro a ro m 45 sp 20 o < O O r z z z y 0 0 0 y w y ID 2 Q 2 al w a) O 'O _ m m = rrl al O - O D m m A z a D N � N 9 ID Q iY - � O 2 a z mr m:. Im W y r. m,. m m mr m m p w m m Co m = y 2 m m m N 00 -� D (� z � o + r=r � CD z = < c m CL r O L' V' v c cn — �-00 N —1 � q < 77 fD CD p rD rD 0 O Q �, to `E n O� Q -r FD (D 00 O 3 N v Q r+ UF ro v m ro rn ro a m m 2 20 O O A 0 y y d ro y v v O '9 _ � m n z D r m D yf`- m m w :ti rS ro N ro m `° 0 .. a a a z rp ro rp p O m 2 m m w ro EL as as O _ N g rD a _ = v, ro ro ro � c 2 n � eD. 2 N V ,// m z n D z o ° rD • • • • `° CL a+ < _ CL V) � _ m Ln U � < n� Co p � o _0 N N � rD v oo ME fD Q I eD m ID — n e � a a Cs O < m '° ry m t M ro m 2 2 m W a W O 2 ti, 2 2 ix 1p � O O r A ;o y aa) v 2 2 O. 7. = y m m = � m CL D m m N w 2 � a a 2 Z m rc ro p o CO W Q O. 2 m m ^ c ro m = - V) m m O c W.N W W m y a s a CL a s o m m m Q N 00 O • m < fD � ae z z D o r"1' (D • • • CD CC CL Q m p CD =� m , C /w m 0. 7 Q- N � r+ 1 2 � � MEv O m .. ID eD eD ID 2 2 m A Q m a m O R° QD Sto O O ° r A A A N ° y �D a a a .Q _ m m = m y D p r °CL n- D UV ol 4- of �. +P K c a a o m D m p W (D m N mID m eD c rb 3 V1 a a a rD fD _I CD m rya m fD m c d n- 0.. Q Q `fl. a `C o N.< fD fD N MID rD N e o eD C 3i4~o StudyResults - Delay Alternative 5 (Close Paul Revere) ALTERNATIVE 5 Type of EastbOUnd Westbound Northbound Southbound Overall Intersection Control Lane Group Delay(s) Delay(s) Delay(s) Delay(s) Delay(s) • @ Ewell- Independence Independence Roadway Ewell Rd Ewell Rd Blvd Blvd • SB Through: Independence Blvd& 111111111111111Z� �M111111111111���� 108.6 seconds Ewell Rd 44.4 • @Wakefield/ Independence Independence Roadway Paul Revere Rd Wakefield Dr _Blvd I Blvd Paul Revere— Independence Blvd& Wakefield Dr/ 20.2 • W B Left: 82.1 Paul Revere Rd 13.6 seconds Roadway Haygood Rd ( WishartRd ( Independence Independence III Blvd Blvd � • @ Haygood- Independence Blvd& 6S.5 Haygood Rd/ • SB Through: WishartRd 75.3 7.2 50.0 seconds *Note Haygood Delay Remains 30 StudyResul el Ti e Travel times (seconds) 0 % Independence Blvd. between Haygood Rd. SCENARIO NB INCREASE SB INCREASE & -3,350' North of Ewell Rd. Existing • All alternatives increase delay for travel Alt. 1 . along Independence Alt. 2 • • • Compared with Alt. 1; Alt. 2 increases delay by 14.7 seconds for Independence, Alt. 3 � • ' . � •but Alt. 1 increases delay 174.9 seconds � � for WB lefts at Wakefield Dr./ Paul Revere Rd. Att. 5 0: • 0• 31 Schedule and Funding ACTIVITY START END ESTIMATED COST Design Private Utility Feb. 2026 $20,000 Adjustments Construction $880,000 ContingencyMarch 2024 July 2026 Total Project Cost: $1,107,500 32 .. 3 CITY MANA GER'S BRIEFINGS CONVENTIONAND SPORTS CENTER PARKING UPDATE ITEM#77649 1:59 P.M. Mayor Dyer welcomed Amanda Jarratt, Deputy City Manager. Mrs.Jarratt expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mrs. Jarratt for the presentation. October 21, 2025 5 Convention & Sports Centers Parking Update Amanda Jarratt Deputy City Manager LJ Hansen Director of Public Works October 21, 2025 S CITY O #; VIRGINIA SBEACH 1 Background • The VB Convention Center and the VB Sports Center support the City Council's initiative to transition to a year-round resort. • These two facilities share the same parking areas and, when they have overlapping events, parking can be problematic. • Concerns with parking in this area have been documented and City Council has asked staff to look at the condition and for some recommendations. • In response to parking challenges an RFP was issued to construct a parking deck at the corner of 19t" and Parks. • Responses were due on Monday October 201" and will be presented to City Council for consideration at a future meeting 2 VS I a a � III zS i i,4 b w4, N, i N t A .r �r - .tam r. a r k S" awnRUN .I tc 1-264 TO OCRAWRO19T► AIl1111l2N1i�f141Y1tPit;t1111N47� v IRGINIA BEACHiaK 77 tritc CINVENTION CENTER tt SPORTS CENTER LOT 2 { ;.iuluu mr 323 SPACES NORTH LOT 1-3 #Nfl �Ms }N 3 ' 697 SPACES �klusi�uuuurauuuul�fz1�11 11 HANDICAP 19TN i7N[ET .. .. ®��"' _ 19TH STREET SC2 V0 SOUTH LOT 1 VALET LOT MAIN 4 j 2758PACES 75 SPACES A ENTRANCE ' A ' �€ €':�cs ii� 24 HANDICAP .I~ --'" __..� • t , E.,x:sEw.. .. 18TH.STREET VENUE SOUTH LOT 2 > SC1 — S�ORT S2 311 SPACES r. .,- � fs.,s,ti4,t�31.l:�rtt44€t.t��s...•, 'I. SPORTS CENTER LOT 1 SPORTS CENTER MAIN 669 SPACES 22 ACCESSIBLE 38 MOTORCYCLE t • • fi Id . ntified Issues • Insufficient parking — 2,372 spaces is not sufficient for full use of these facilities. • Insufficient enforcement — These parking facilities are not enforced through Parking Management. • Parking Management does respond to calls from CVB staff. • Insufficient technology — With no understanding of where vacant spots are, visitors are left to circle the lots looking for vacancies. • Insufficient space turnover — Vehicles stay all day, not allowing new patrons an opportunity to get in . 6 US Staffs Recommendation • CVB and Parking Management staff recommend that the Convention Center and Sports Center parking lots be created as a separate parking zone to be managed by Parking Management. • This parking zone would be managed as other parking facilities are in the City and would have an associated hourly fee and dynamic pricing schedule for parking. vg Identified Issues - Recommendations While not a silver bullet, this recommendation makes progress on each of the areas defined as an issue. • Insufficient space turnover — Encourages turnover, thereby increasing the likelihood of vacancies throughout the day. • Insufficient enforcement — Parking Management staff would be onsite regularly to enforce appropriate behavior. • Insufficient technology — Parking Management would be able to adopt and maintain technology to identify vacancy information . • Insufficient parking — Would allow for the self-sustained Parking Fund to build revenue to assist in the construction of new facilities donal items.,, Nte CVB staff have identified several issues that we will need to address if we move forward . • Parking accommodations that are listed in existing contracts. • High school graduation . • Spill-over parking during Atlantic Park and Resort Area events. Next Steps • CVB staff will review contracts to identify clauses that require accommodation . • Parking Management staff will make preparations for signage and enforcement. • Enforcement will begin April 1, 2026. • Parking Management staff will develop a plan for implementation of parking availability and signage, as funding allows. 10 vB Questions or Discussion 11 '�� 4 CITY COUNCIL COMMENTSIDISCUSSION/INITIATIVES ITEM#77650 2:15 P.M. Council Member Berlucchi advised last Saturday, he attended the sign dedication ceremony for the Princess Anne Plaza neighborhood. Council Member Berlucchi expressed his appreciation to the City staff professionals and members of the Princess Anne Plaza Civic League for their advocacy and believes it is a unifying symbol of the Princess Anne Plaza community, Council Member Berlucchi further advised, he had the pleasure of welcoming Mayor Sebastian Wolf and Gabriele Simmendinger from Waiblingen, Germany, last weekend. Council Member Berlucchi explained that Waiblingen is one of Virginia Beach's Sister Cities, a partnership that highlights the importance of international friendship. Council Member Berlucchi shared that Mayor Wolf and Ms. Simmendinger spent time with members of the Sister Cities Association of Virginia Beach (SCAVB) visiting various sites and expressed his appreciation to the members, particularly President Maria Weissenseel, for their warm hospitality. Mayor Dyer advised he and many Mayors from the surrounding cities visited Waiblingen when he first had the pleasure of meeting Mayor Wolf and enjoyed visiting with him over dinner last weekend. Mayor Dyer expressed his appreciation for the lasting relationship with Waiblingen, as well as the other Sister Cities, and is hopeful to one day include the City of Odessa, Ukraine. October 21, 2025 5 CITY COUNCIL COMMENTS/DISCUSSIONIINITIATIVES ITEM#77651 (Continued) Council Member Berlucchi distributed copies a letter to the Body that he received from Captain Kyle Musant, Plaza Volunteer Rescue Squad, and read it aloud for the viewingpublic, attached hereto and made a part of the record. After Council Member Berlucchi finished reading the letter, he expressed his appreciation to members of the Plaza Volunteer Rescue Squad for volunteering their time to protect and support the well-being of the community. October 21, 2025 V0L�yr SQUAD COMMANDER * V 16 A * PLAZA VOLUNTEER RESCUE SQUAD EAC P.O. Box 2128 Virginia Beach,VA. 23450 RESCUE PLAZA 20 October 2025 To the members of the Virginia Beach City Council, My name is Kyle Musicant, and I am the Captain& Squad Commander of the Plaza Volunteer Rescue Squad. I wanted to acknowledge a great event that has taken place within my squad that was made possible by this council. On 21 September,we had the privilege of putting our newest truck into service, designated Ambulance 1625. 1625 was built on a Chevy G4500 series chassis at the Atlantic Emergency Service Wheel coach factory in Winter Park Florida. This ambulance is the 6t'truck to be added to our fleet, and its addition could not have come at a better time. Due to the age of the fleet and the current volume of calls that we answer to daily,this truck was welcomed by our membership in a time-honored ceremony of"pushing the truck in". The history of this ceremony goes back to the 17a'century where Early hand-drawn fire engines, ladder wagons,hose carts, and other apparatus of the 17th century had to be pushed back into the station by hand after every call. The horse-drawn steam engines that followed in the 18th century could be backed up. However, having to control the horses made it difficult to align the engine's steam connections with the station's steam connections.For this reason,the horses were typically disconnected, and the engine was again pushed back into the station by hand. On this day,the membership and family members helped us"push in" 1625 into its new home at Rescue Station 15 off Thalia Drive. The first crew, consisting of Maintenance SGT Thomas Prochillo and Supply SGT Glenn Halvert, took it out on it's first dispatch and thereby officially placing unit into service and making it Plaza's 6`h truck to proudly serve the citizens of Virginia Beach. This was all possible from the generosity and the cooperation of the City Council and Virginia Beach EMS. From the men and women of the Plaza Volunteer Rescue Squad,we say, "thank you" and look forward to many years of service with it. Digitally signed by Kyle Kyle Musicant Musicant Date: 2025.10.20 18:40:11 -04'00' Captain Kyle R. Musicant Plaza Volunteer Rescue Squad(16) Squad Commander 3608 S. Plaza Trail,VA Beach,VA 23452 Email: kmusicant@Dlazarescue.com Ph: 757-469-5079 6 CITY COUNCIL COMMENTSIDISCUSSION/INITL4TIVES ITEM#77652 (Continued) Council Member Jackson-Green advised last weekend was the 77mbaland Way Weekend celebration and commended the collaboration between the City and Schools in hosting this event to celebrate the City' cultural and artistic talent. Council Member Jackson-Green advised after he presented 7imbaland with the Proclamation, Mayor Dyer presented him with the Key to the City and was proud to see 7imbaland not only receive but also give back to the City when he provided donations to College Park Elementary, Salem Middle and Salem High Schools. Council Member Jackson-Green expressed appreciation to his colleagues, City Staff, Public Safety, volunteers, and community partners for their support and participation. Council Member Jackson-Green explained the weekend events included performances at Salem High School, a fashion show at the Virginia Museum of Contemporary Art(MOCA) and a concert at The Norva which all demonstrated the City strength, creativity, and unity. Council Member Jackson-Green also recognized local artist Missy Elliott for her surprise attendance and expressed gratitude to Senator and Council Member Rouse for attending and allowing their son to participate in the fashion show. Council Member Jackson-Green advised that the event had a positive economic and cultural impact that was safe, well- coordinated, and inspiring and encouraged continued recognition of local legends who have brought pride and visibility to the city. Mayor Dyer commended Council Member Jackson-Green for his leadership in organizing the event that required a tremendous amount of coordination. Mayor Dyer advised there was a great turnout with a diverse crowd which showed how music and the arts can bring people together. Council Member Hutcheson complemented Council Member Jackson-Green for organizing the Timberland Way Weekend event, adding it was a fantastic and well-executed celebration that brought the community together in a positive way. Council Member Hutcheson expressed appreciation to all of the City Staff from various Departments who provided support, including school bus drivers who helped coordinate transportation for participating bands, and the Public Works Department for their efficient handling of signage, traffic control, and street closures along Lynnhaven Parkway and Pleasant Valley Road. Council Members Remick, Ross-Hammond and Schulman also congratulated Council Member Jackson- Green on initiating and organizing the successful event. October 21, 2025 7 CITY COUNCIL COMMENTSIDISCUSSIONANITMTIVES ITEM#77653 (Continued) Council Member Hutcheson advised last Saturday he attended the grand reopening celebration of the freshly repainted skate pump track at Brigadoon Pines Park. Council Member Hutcheson advised the funding was provided through the Creative Neighborhoods Grant Program designed for community improvement projects such as this. Council Member Hutcheson advised the local artist who repainted the track was there among the large crowd and was impressed to see many of the kids skating. October 21, 2025 8 CITY COUNCIL COMMENTSIDISCUSSIONIINITL4TIVES ITEM#77654 (Continued) Council Member Remick advised code enforcement personnel conducted a sweep of retail stores on Atlantic Avenue and issued several citations for building code violations. Council Member Remick advised since then, he has received a lot of feedback on one of the codes that prohibit retailers from placing merchandise within three (3)feet of an exterior window. Council Member Remick requested the Body's support in removing that provision as the retailers pay dearly for the space and then asked City Manager Duhaney to explain the next steps. City Manager Duhaney advised the next step would be for the Planning Commission to review and recommend amending the Zoning Code,followed by City Council voting to approve the amendment. October 21, 2025 9 CITY COUNCIL COMMENTS/DISCUSSIONIINITMTIVES ITEM#77655 (Continued) Council Member Cummings expressed his appreciation to staff from the City Attorney's Office who provided a wonderful presentation on the Election Referendum yesterday during his District 8 Town Hall. Council Member Cummings advised there was also a discussion on E-bikes and there was a lot of interest, adding he believes there were approximately sixty(60)people who volunteered to serve on the Mayor's E- Bike Safety Task Force. October 21, 2025 10 CITY COUNCIL COMMENTSIDISCUSSION/INITMTIVES ITEM#77656 (Continued) Council Member Henley advised she will host a District 2 Town Hall on Thursday, October 23'd from 5:15 to 7:00 P.M., in Building 19. Council Member Henley expects it to be a very good discussion regarding the activity on several issues. October 21, 2025 11 AGENDA REVIEW SESSION ITEM#77657 2:42 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L. ORDINANCESIRESOL UTIONS: 1. Ordinance to AMEND City Code Sections 7-1, 7-10 and 7-59.1 re wheeled devices or vehicles in the ResortArea 2. Resolution to REQUEST the General Assembly add Section 2.03 to the City Charter to require a super-majority vote to approve certain land use approvals south of the Blue Line: ALTERNATIVE 1: (ORIGINAL VERSIOA)any application that creates a more intense use than the then-current approval for such property OR ALTERNATIVE 2: (REVISION I)any application to rezone property to a high density or a more intense zoning district (Requested by Mayor Dyer and Vice Mayor Wilson) DEFERRAL REQUESTED TO NOVEMBER 18,2025 3. Resolution to ADOPT the City's 2026 Legislative Agenda 4. Resolution to NOMINATE Thomas M. Leahy, Phillip A. Davenport and J. Barry Frankenfield to the Governor as candidates for the position of local representative for the term of office commencing January 1, 2026, to the Southeastern Public Service Authority(SPSA) 5. Resolution to AUTHORIZE City support for Virginia Beach Restaurant Week (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Remick and Schulman) 6. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation(ARP) easement from Bonney G.Bright(90.77+/-Acres), the issuance by the City of its contract obligations in the maximum principal amount of$1,523,773 and TRANSFER funds to purchase U.S. Treasury STRIPS 7. Ordinance to DECLARE City-owned property at 333 Laskin Road to be in the EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to VB Laskin Road LLC re development into a multi family residential, commercial and structured parking facility (Deferred from September 2, 2025) 8. Ordinance to A UTHORIZE the City Manager to EXECUTE a lease for sixty(60)months re office space in the Judicial Center at 2425 Nimmo Parkway with the Commonwealth of Virginia, Court of Appeals of Virginia 9. Ordinance to EXTEND the date for satisfying the conditions in the matter of Matthew E.Mancoll and Robin A. Mancoll re closure of an unimproved, unnamed alley adjacent to the rear of 219 54r"Street October 21, 2025 12 AGENDA REVIEW SESSION ITEM#77657 (Continued) 10. Ordinance to EXTEND the date for satisfying the conditions in the matter of Whitney W. Elliott re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55`"Street, Unit B 11. Resolution to APPROVE Attainable Workforce Housing Performance Grant to Grand Lakes,LP; AUTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement;and REQUEST the Virginia Beach Development Authority(VBDA) approve the Grant 12. Resolution to APPROVE Attainable Workforce Housing Performance Grant to The Silo Apts,LP; A UTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement;and REQUEST the Virginia Beach Development Authority(VBDA) approve the Grant 13. Ordinance to APPROPRIATE$72,000 from the Tourism Investment Program (TIP)fund balance to the FY 2025-26 Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Max Media of Hampton Roads, LLC re Party at the Pier concert series to begin April 2026 14. Ordinance to ACCEPT and APPROPRIATE $259,904.75 from the Virginia Opioid Abatement Authority(OAA) to the FY2025-26 Human Services Operating Budget and AUTHORIZE$77,564 as matching funds for Regional Recovery High School re support efforts to mitigate the ongoing opioid epidemic 15. Ordinance to ACCEPT and APPROPRIATE $200,011 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2025-26 Human Services Operating Budget re workforce development programs 16. Ordinance to ACCEPT and APPROPRIATE$300 from the Virginia Department of Emergency Management (VDEM to the FY 2025-26 Emergency Management Operating Budget re support the activities of local emergency management agencies in establishing, maintaining and operating emergency plans, programs and capabilities to deal with nuclear accidents L. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED FOR DEFERRAL TO NOVEMBER 18,2025 ITEM#7 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEM#11 COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEM #12 October 21, 2025 13 AGENDA REVIEW SESSION ITEM#77657 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: M. PLANNING: 1. PHIL M. BONIFANT/PHIL M. & TERESA C. BONIFANT for a Modi zcation of Conditions to a Conditional Use Permit re assembly use at 2244&2252 Indian River Road DISTRICT 2 2. ELLMER PROPERTIES VIRGINL4 BEACH, LLC/3909 VA BEACH BLVD, LLC for a Mod cation of Conditions to a Conditional Use Permit re motor vehicle sales at 3909 Virginia Beach Boulevard DISTRICT 4 3. ELLMER PROPERTIES BONNEY ROAD, LLC/BR UCE B. MILLS REVOCABLE TRUST and ADAMS OUTDOOR LIMITED PARTNERSHIP for a Conditional Use Permit re bulk storage yard at 3890, 3894 and 3898 Virginia Beach Boulevard DISTRICT 4 4. BRADLEY& NETTIE KAIN for a Conditional Use Permit re residential Kennel at 405 Kings Point Court DISTRICT 3 (Deferred from August 19, 2025) 5. ASC REAL ESTATE, LLC (MARGARET SHAM / CITY OF VIRGINL4 BEACH DEVELOPMENT AUTHORITY for a Conditional Use Permit re bulk storage yard at 2008 Hudome Way DISTRICT 2 6. 5073 VIRGINL4 BEACH BL VD LLC for a Conditional Use Permit re automobile repair garage & Conditional Use Permit re motor vehicle sales and rentals at 245 Pennsylvania Avenue DISTRICT 4 M. PLANNING: COUNCIL MEMBER CUMMINGS WILL ABSTAIN ON ITEMS#2 AND#3 COUNCIL MEMBER JACKSON-GREEN WILL ABSTAIN ON ITEMS#2 AND#3 ITEM#4 WILL BE CONSIDERED FOR WITHDRAWAL ITEM#5 WILL BE CONSIDERED SEPARATELY October 21, 2025 14 ITEM#77658 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Atlantic Park PUBLIC CONTRACT:Discussion of the award of a public contract involving the expenditure of publ is funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body,pursuant to Section 2.2-3711(A)(29). • 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- 3711(A)(3). • Districts 1, 3, 4, 5, 6, 8 • District 7 • District 2 • District 6 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 October 21, 2025 15 ITEM#77658 (Continued) Upon motion by Council Member Berlucchi, seconded by Council Member Schulman, City Council voted to proceed into CLOSED SESSION at 2:52 P.M. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None Break 2:52 P.M. — 3:10 P.M. Closed Session 3:10 P.M. — 5:49 P.M. * Vice Mayor Wilson stepped out during the Public Held Property/Districts 1,3,4, 5, 6, 8 discussion due to a possible conflict of interest 4:10 P.M. —4:18 P.M. October 21, 2025 16 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL OCTOBER 21,2025 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, October 21, 2025, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None INVOCATION.• Mayor Dyer MOMENT OF SILENCE PLEDGE 0FALLEG14NCE TO THE FLAG OF THE UNITED STATES OFAMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. October 21, 2025 17 CITY COUNCIL DISCLOSURES: 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. October 21, 2025 18 V.F CERTIFICATION ITEM#77659 Upon motion by Council Member Remick, seconded by Council Member Schulman, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THEMOTIONTO 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. y 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 October 21, 2025 Whit+BFyC Ok v i = s .'* OF -UR Np 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#77658 on Page 15 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOL VED: 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. Amanda'Arnes,AIMC City Clerk October 21, 2025 19 ITEM— V.G.1 MINUTES ITEM#77660 Upon motion by Council Member Ross-Hammond, seconded by Council Member Remick, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 7,2025 Voting: 10- 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, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Abstaining: Jennifer Rouse Council Members Absent: None October 21, 2025 20 ITEM— V G.2 MINUTES ITEM#77661 Upon motion by Council Member Ross-Hammond, seconded by Council Member Remick, City Council APPROVED the MINUTES of the FORMAL SESSION of October 14,2025 Voting: 11 - 0 Council Members Voting Aye: Michael E Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua E "Joash" Schulman and Rosemary Wilson Council Members Absent: None October 21, 2025 21 ITEM— V H MAYOR'S PRESENTATION ITEM#77662 RESOL UTION IN RECOGNITION JOHNARAGONA On behalf of City Council, Vice Mayor Wilson welcomed the family of John Aragona and read the Resolution recognizing Mr. Aragona for his vision, leadership, and contributions to the growth and development of the City which has led to the Virginia Beach School Board's recent action to transfer the former Aragona school property to the City for public park and open space purposes. After immigrating from Italy in 1922, Mr.Aragona began his career as a carpenter in New York, and later moved his family to Virginia Beach, where he developed Aragona Village, the area's first major housing development. His legacy includes the donation of thirteen (13) acres of land for Aragona Elementary School, the establishment of Aragona Utilities, and the development of several key areas including Aragona Shopping Center, Princess Anne Plaza, Bow Creek Golf and Country Club, Magic Hollow, and Lago Mar. Vice Mayor Wilson expressed City Council's appreciation to the family of the late John Aragona for his commitment, generosity, belief, investment and service to the City Ginny Sancilio,grand-daughter of John Aragona, spoke on behalf of thefamily and expressed their sincere appreciation to City Council for this recognition to honor her grandfather for his significant contributions to the City during the 1950s. Ms. Sancilio additionally expressed the family's appreciation to the School Board and Aragona Village Civic League for their leadership and efforts in bringing the recognition to fruition. October 21, 2025 o�u•aFq ok 9�S e4. OF OUR NPT\0 RESOLUTION WHEREAS:John Aragona was a self-made man who immigrated to the United States from Italy in 1922 throz Island at the age of 17;and WHEREAS:John Aragona began his career as a carpenter in New York and years later, moved his family to Beach;and WHEREAS:In the 1950s, John Aragona took a significant leap of faith,purchasing nearly 1,000 acres of far/ what was then a remote area of Princess Anne County which he later developed into Aragon Village;and WHEREAS..John Aragona was a true visionary and is considered the first modern-day developer when Aragonc became the area's first full fledged housing development which included 3,200 homes starting at$7,000;and WHEREAS:In May 1957,John Aragona donated 13.01 acres of land designated as "School Site"located at 472� Road to the Princess Anne County School Board;and WHEREAS: In 1958 Aragona Elementary School (grades 1-8) opened. As the school board constructed neti buildings to house the growing student population, Aragona Elementary was reduced to a K-5 school in the late Eventually, the Aragona Elementary building was repurposed for various uses;and WHEREAS: John Aragon also developed a public utility station (Aragon Utilities). In 1963, Princess Anne merged with Virginia Beach, andAragona Utilities was subsequentlypurchased by the City of Virginia Beach in 1S WHEREAS:John Aragona continued to invest in the City of Virginia Beach by developing the Aragona Shoppinl (1962), Princess Anne Plaza, Bow Creek Golf and Country Club, Magic Hollow, and Lago Mar, which was ai isolated at the time;and WHEREAS. On August 12, 2025, the Virginia Beach School Board adopted the `Resolution Negotiation for Dis of Certain Jericho Road Properties" which directs the Superintendent and the legal counsel to work w representatives to negotiate mutually agreeable terms and conditions to transfer the land once donated by Mr.Are the City for public park site, open space and passive recreation, and for other limited public purposes that sup public infrastructure compatible with the community needs of the surrounding neighborhoods;and WHEREAS: On this day, we honor a true visionary for his forward-thinking and investments into the developments and businesses that are spread throughout and are a vital part of the backbone of the City of Virginic and NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to ex, appreciation to the family of the late John Aragona for his commitment, generosity, belief, investment and servic City. Adopted by the Council of the City of Virginia Beach, Virginia the 21"day of October 2025 and present this Re duly signed by each Member of the Virginia Beach City Council. Prr ,C71 Member Michael F.Berlucchi CounCTl7b ember Stacy Q mmin Cou icil Member Barbara M.L Im CV4, Council Member Dav' utc eson Council Member Ca Cash"Jac -Green Counci Member Robert W. "WortY, Council Member Dr.Amelia Ross-Hammond Vil fember Jennifer V.Rouse Co ncil Member Joashua F.Sch Cice Mayor Rosr(a►ary W�ilson Mayor Robert . "Bobby"Dyer 22 ITEM— VI BID OPENING ITEM#77663 Mayor Dyer DECLARED A BID OPENING: NON-EXCLUSIVE FRANCHISE AGREEMENT FOR THE USE OF CITYPROPERTY Operating a cable television system Mayor Dyer read into the record: "Pursuant to Virginia Code Section 15.2-2102, I will now summarize the bids that have been received for the proposed renewal franchise agreement to construct, operate, and maintain a cable system in the City of Virginia Beach: One bid has been received as follows: Cox Communications Hampton Roads, LLC has bid.- - For the right to place its cable system equipment and facilities in the public rights-of-way in Virginia Beach for a term of 10 years, with the option for one 5-year extension upon written mutual agreement, in accordance with the terms specified in the cable television franchise renewal agreement negotiated with the City. Are there any other persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bids received and recommends that Cox Communications Hampton Roads, LLC be awarded a cable television franchise renewal agreement. We will now open a Public Hearing for the proposed franchise renewal agreement to construct, operate, and maintain a cable system in the City of Virginia Beach." October 21, 2025 23 ITEM— V J.1 PUBLIC HEARINGS ITEM#77664 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED NON-EXCLUSIVE FRANCHISE AGREEMENT Cox Communications Hampton Roads, LLC There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 21, 2025 24 ITEM— VJ2 PUBLIC HEARINGS ITEM#77665 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITYPROPERTY T-MOBILE NORTHWEST,LLC Five(5)parking spaces on the top level of the parking deck of 31s`Parking Garage Installing and maintaining antennas and radio equipment There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 21, 2025 25 ITEM— V J.3 PUBLIC HEARINGS ITEM#77666 Mayor Dyer DECLARED a PUBLIC HEARING: DECLA RA TIONAND CONVEYANCE OF EXCESS CITY PR OPER TY TO BARRS ROAD,LLC Three (3)parcels in Burton Station known as 1229, 1231 and 1249 Barrs Roads re future pump station site There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 21, 2025 26 ITEM— V.K FORMAL SESSIONAGENDA ITEM#77667 Mayor Dyer read the Speaker Policy and advised for items where only one (1) speaker is registered, the City Clerk will call the speaker, and they will be given a total of six(6)minutes to speak on all items. The City Clerk called for the following to speak: Ernest Docs, 509 18`h Street, Phone: 300-7669, spoke in SUPPORT of Ordinance L.3 pertaining to transportation Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions L: 1, 2 (DEFERRED TO NOVEMBER 18, 2025),3,4, 5, 6,8,9,10,11,12,13,14,15 and 16 and Planning Items M. 1,2,3,4(WITHDRAWA)and 6 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 L. ORDINANCES/RESOLUTIONS: ITEM#7 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEM#11 COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEM #12 M.PLANNING. COUNCIL MEMBER CUMMINGS WILL ABSTAIN ON ITEMS#2 AND#3 COUNCIL MEMBER JA CKSON-GREEN WILL ABSTAIN ON ITEMS#2 AND#3 ITEM#5 WILL BE CONSIDERED SEPARATELY October 21, 2025 27 ITEM— V L.l ORDINANCESMRESOL UTIONS ITEM#77668 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections 7-1, 7-10 and 7-59.1 re wheeled devices or vehicles in the Resort Area Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None October 21, 2025 1 AN ORDINANCE TO AMEND SECTIONS 7-1, 7-10 AND 7- 2 59.1 OF THE CITY CODE PERTAINING TO WHEELED 3 DEVICES OR VEHICLES IN THE RESORT AREA 4 5 Sections Amended: §§ 7-1, 7-10, and 7-59.1 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Sections 7-1, 7-10, and 7-59.1 of the City Code of the City of Virginia Beach 12 is hereby amended and reordained to read as follows: 13 14 Sec. 7-1. Definitions. 15 16 For the purposes of this Chapter, the terms "all-terrain vehicle," "bicycle," "electric 17 personal assistive mobility device," "electric power-assisted bicycle," "golf cart," 18 "highway," "low speed vehicle," "moped," "motor-driven cycle," "motorized scooter," 19 "motorized skateboard," "vehicle," "wheelchair," and "wheel chair conveyance" are 20 defined as set forth in Code of Virginia §§ 46.2-100 and 46.2-1993, as amended. 21 Additionally, the following words shall have the meanings ascribed to them in this 22 section, unless clearly indicated to the contrary: 23 24 Electric power-assisted bicycle: A vehicle that travels on not more than three 25 wheels in contact with the ground and is equipped with (i) pedals that allow propulsion 26 by human power, (ii) a seat for the use of the rider, and (iii) an electric motor with an 27 input of no more than 750 watts. Electric power-assisted bicycles shall be classified as 28 follows: 29 30 1. "Class one" means an electric power-assisted bicycle equipped with a motor 31 that provides assistance only when the rider is pedaling and that ceases to 32 provide assistance when the bicycle reaches a speed of 20 miles per hour; 33 34 2. "Class two" means an electric power-assisted bicycle equipped with a motor 35 that may be used exclusively to propel the bicycle and that ceases to provide 36 assistance when the bicycle reaches the speed of 20 miles per hour; and 37 38 3. "Class three" means an electric power-assisted bicycle equipped with a motor 39 that provides assistance only when the rider is pedaling and that ceases to 40 provide assistance when the bicycle reaches the speed of 28 miles per hour. 41 42 Unless otherwise specifically stated, references to electric power-assisted 43 bicycles includes all three classes. 44 45 Electric powered utility cart: A wheeled, externally controlled, battery powered 46 cart, used exclusively for the transportation of personal items or property and not for the 47 conveyance of persons, and that is not classified as an all-terrain vehicle, as defined in 48 Code of Virginia § 46.2-100. 49 50 Resort area: The area, from and including, the sidewalk on the west side of 51 Pacific Avenue to the Atlantic Ocean between Rudee Inlet and 42nd Street. 52 53 Resort season: The time period from May 1st through September 30th. 54 55 Riding: This term is used interchangeably throughout this Chapter with the term 56 "operation". 57 58 Surrey: A four-wheeled pedal-powered vehicle capable of seating two (2) or more 59 persons. 60 61 . . . . 62 63 Sec. 7-10. Signs required at rental agencies. 64 65 (a) Mopeds. Each owner of a business intending to rent or lease mopeds to the public 66 shall post a clearly legible sign in a prominent place on his premises where such sign 67 will be seen and read by a reasonably observant customer. Such sign shall contain 68 the following information: 69 70 (1) Operators must be sixteen (16) years or older. 71 72 (2) Valid identification is required of all customers. 73 74 (3) Customers must be familiar with and obey traffic laws. Violations will be 75 prosecuted by police. 76 77 (4) Riding is prohibited on the Boardwalk and the adjacent grassy area and bicycle 78 path, oceanfront parks and plazas, the beach, all city sidewalks. 79 80 (5) Riding is prohibited en Atlant*r--. 'A�Wen,_,e frE)m May ist through September 3 81 82 (b) Low-speed vehicles. Each owner of a business intending to rent or lease low-speed 83 vehicles to the public shall post a clearly legible sign in a prominent place on his 84 premises where such sign will be seen and read by a reasonably observant 85 customer. Such sign shall contain the following information: 86 87 (1) Operators must be sixteen (16) years or older to operate. 88 89 (2) Valid driver's license is required of all customers. 90 91 (3) Customers must be familiar with and obey traffic laws. Violations will be 92 prosecuted by police. 93 94 (4) Operation is prohibited on the boardwalk and the adjacent grassy area and 95 bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. 96 97 (c) Electric personal assistive mobility devices, electric power-assisted bicycles, 98 motorized skateboards and motorized scooters. Each owner of a business intending 99 to rent or lease electric personal assistive mobility devices, electric power-assisted 100 bicycles and motorized skateboards and motorized scooters to the public shall post 101 a clearly legible sign in a prominent place on his premises where such sign will be 102 seen and read by a reasonably observant customer. Such sign shall contain the 103 following information: 104 105 (1) Operator must be fourteen (14) years or older unless under the immediate 106 supervision of a person who is at least eighteen (18) years old. 107 108 (2) Valid identification is required of all customers. 109 110 (3) Customers must be familiar with and obey traffic laws. Violations will be 111 prosecuted by police. 112 113 (4) Riding is prohibited on the boardwalk and adjacent grassy area and bicycle path, 114 oceanfront parks and plazas, the beach and all sidewalks in the resort area. 115 116 (5) As applicable to electric personal assistive mobility devices, motorized 117 skateboards and motorized scooters: Rriding is prohibited on Atlantic Avenue 118 from May 1st through September 30th. 119 120 Sec. 7-59.1. Regulations pertaining to riding wheeled devices or vehicles in the 121 resort area. 122 123 (a) During the resort season, it shall be unlawful for any person to ride an 124 electric personal assistive mobility device; eleEtF+cpower assisted biGYGle moped, or 125 motorized skateboard on Atlantic Avenue. 126 127 (bJ Notwithstanding the prior subsection, motorized scooters may be operated 128 on the trolley lanes of Atlantic Avenue if riders adhere to the 10 mph speed limit. 129 130 (c) It shall be unlawful at any time for any person to ride on any sidewalk in the 131 resort area an all-terrain vehicle, a bicycle, electric power-assisted bicycle, electric 132 personal assistive mobility device, motorized skateboard, skateboard, scooter, or any 133 pedal-powered vehicle that is muscle-powered or any muscle-powered device. However, 134 the use of roller blades and roller skates is permitted. A violation of this sub-section shall 135 be punished by a civil penalty of not more than fifty dollars ($50.00). 136 137 (d) It shall be unlawful at any time to operate an electric powered utility cart on 138 Atlantic Avenue or upon the sidewalks along Atlantic Avenue, unless a permit is issued 139 by the city manager, or designee, to do so. An electric powered utility cart may be 140 operated on any sidewalk in the resort area other than Atlantic Avenue and may cross 141 Atlantic Avenue for the purpose of accessing the boardwalk or beach. 142 143 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of October 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office Cit Attorne 's Office CA16969 R-2 October 13, 2025 28 ITEM— V.L.2 ORDINANCESIRESOL UTIONS ITEM#77669 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council DEFERRED TO NOVEMBER 18, 2025,BY CONSENT,Resolution to REQUEST the General Assembly add Section 2.03 to the City Charter to require a super-majority vote to approve certain land use approvals south of the Blue Line: ALTERNATIVE 1: (ORIGINAL VERSIOA9 any application that creates a more intense use than the then-current approval for such property OR ALTERNATIVE 2: (REVISION I)any application to rezone property to a high density or a more intense zoning district(Requested by Mayor Dyer and Vice Mayor Wilson) DEFERRAL REQUESTED TO NOVEMBER 18,2025 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 October 21, 2025 29 ITEM— VL.3 ORDINANCES/RESOLUTIONS ITEM#77670 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT,Resolution to ADOPT the City's 2026 Legislative Agenda 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 **Page 8 of the adopted Legislative Agenda will be supplemented once City Council considers the Resolution requesting the General Assembly add Section 2.03 of the City Charter to protect the Blue Line scheduled to be heard on November 18,2025. October 21, 2025 1 A RESOLUTION ADOPTING THE CITY'S 2026 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2026 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2026 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2026 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 21st 31 day of October , 2025. Requires a two-thirds affirmative vote by the members of the City Council. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office Cii y Attorney's Office CA16989 R-1 September 29, 2025 . ` . . , Hid Ad t e g fvit w C # t! * y w e fpj c ev i Table of Contents POLICY PRIORITIES 3 Affordable Housing 3 Economic Development 3 Education 4 Energy 4 Fiscal Responsibility and Budget Impacts 5 Flooding and Environment 5 Land Use 6 Public Safety 6 Transportation 7 CHARTER AMENDMENTS 8 Protecting the Blue Line 8 VIRGINIA CODE AMENDMENTS 9 De-listing Short-term Rentals 9 Establish the Emergency Responder Grant Fund and Program 10 Expanding the allowable expenses under"Four for Life"funding 11 Increase the Fire Programs Fund 12 Low-impact Utility Markings 13 Marsh Terrace Project Permit 14 Menhaden Fishing Regulation 15 "Pop-Up" Event Zones 16 BUDGET REQUESTS 18 Budget Requests 18 Empowering Local Governments: Funding Unfunded Mandates Through Partnership 19 2 at' t ry POLICY PRIORITIES Affordable Housing The City of Virginia Beach seeks to address the growing need for affordable housing with the goal to ensure that all residents have access to safe, high quality, and affordable housing and to promote inclusive and diverse communities. • Because every locality has its unique challenges,the City of Virginia Beach encourages the General Assembly to provide funding, incentives, and policy flexibility to allow localities to tailor solutions that will fit their communities while maintaining the ability to control land use decisions at the local level. • The City of Virginia Beach supports efforts to reform the eviction process to ensure that tenants have adequate opportunities to meet their rental requirements and remain in their homes while safeguarding investments made by landlords. • The City of Virginia Beach supports increased fundingfor the Virginia Housing Trust Fund to expand and preserve the supply of affordable homes. • The City of Virginia Beach supports efforts to establish, expand, and fund rental assistance programs and first-time homebuyer assistance programs. Economic Development The City of Virginia Beach aims to implement a dynamic and forward-thinking economic development strategy designed to foster sustainable growth, enhance economic diversification, and promote innovation. • The City of Virginia Beach encourages the General Assembly to support local and regional efforts to attract and retain talent that will support the growing workforce needs of the Hampton Roads region. • The City of Virginia Beach encourages the General Assembly to support initiatives that provide funding, incentives, and policy flexibility that aligns with the City's economic growth strategy. • The City of Virginia Beach requests continued support from the General Assembly to increase access to affordable childcare. • The City of Virginia Beach requests that the General Assembly provide funding for the recently created Sports Tourism Grant Program. 3 i f 1 POLICY PRIORITIES Education The City of Virginia Beach continues to support the Virginia Beach School Board's efforts to enhance educational resources,teacher support, and student development to foster a robust educational environment and prepare students for future success. • The City of Virginia Beach encourages the General Assembly to implement reforms to increase the Commonwealth's share of education funding as was identified in the 2024 JLARC study regarding Virginia's K-12 Funding Formula. • The City of Virginia Beach supports efforts bythe General Assembly to provide additional funding to support school construction, including efforts to ensure that Virginia Lottery Funds are utilized to enhance education funding, not supplant existing needs and allocations.As construction costs continue to increase, it is critical that localities have support from the Commonwealth to continue to modernize school facilities. Energy With growing power demand and rising,electric bills,the City of Virginia Beach encourages the Commonwealth to seek common sense solutions that enhance energy sustainability, reliability, and affordability. • The City of Virginia Beach supports efforts by the General Assemblyto reduce the cost and administration of renewable energy interconnectivity at municipal facilities. • While the City of Virginia Beach supports the Commonwealth's goals to increase the use of clean energy, it is critical to recognize the potential impact utility scale energy and battery storage projects have on communities and localities. Because of these potential impacts,the City of Virginia Beach encourages the General Assembly to continue to support the authority of localities to regulate the siting and development of energy facilities. 4 POLICY PRIORITIES Fiscal Responsibility and Budget Impacts The City of Virginia Beach seeks to address fiscal challenges and annual budgetary impacts in a responsible manner that effectively meets essential services and community needs. • Federal Government decisions to realign its priorities, reduce the federal workforce, and reform federal programs,will likely impact the Commonwealth's economy and reduce available services.When resources are not available at the federal or state level, it falls onto local governments to provide resources for residents most in need, especially as it comes to health care, housing, and food insecurity.The City of Virginia Beach encourages the General Assembly to prioritize filling these funding gaps where possible and to partner with local governments to support those who will be impacted. • The City of Virginia Beach requests that the General Assembly refrain from capping, removing, or restricting local government revenue sources without replacing the source with a sustainable revenue source of equal rate. • City staff have identified more than 75 mandates from the state and federal governments that have created an unfunded burden of more than $125 million annually with another$110 million identified by Virginia Beach Public Schools.The City of Virginia Beach requests that the General Assembly refrain from creating additional unfunded mandates and provide financial support to fill the gaps created by these unfunded mandates. • Maintain local option regarding collective bargaining for public sector employees Flooding and Environment The City of Virginia Beach aims to improve resilience to flooding, enhance stormwater infrastructure, and promote sustainable practices to mitigate the impacts of extreme weather events. • The City of Virginia Beach requests that the Commonwealth develop a state funding program to support the non-federal match requirements of localities for federal grants that support large- scale flood relief projects. • The City of Virginia Beach supports continued investment in the Storm Water Local Assistance Fund (SLAF)for improvements and installation of effective storm water management controls. • The City of Virginia Beach supports increased funding for the Community Flood Preparedness Fund along with improved guidelines for the program that increases the project cap, extends the Loan period, and delays interest accrual until project completion. 5 4 ' S P � `�- •" POLICY PRIORITIES Land Use The City of Virginia Beach aims to utilize a comprehensive land use and development strategy to guide sustainable growth, optimize land utilization, and enhance the quality of life for its residents. • The City of Virginia Beach requests that the General Assembly refrain from passing legislation that would reduce or eliminate the authority of the Commonwealth's localities from making their own land use decisions. • The City of Virginia Beach supports preserving local authority to regulate short term rentals and to enhance enforcement of those regulations, including greater authority to localities to enforce their zoning ordinances as they relate to short term rentals. Public Safety The City of Virginia Beach seeks to ensure a safe and healthy community for residents and visitors through proactive measures, enhanced technology, and increased resources. • The City of Virginia Beach requests that the General Assembly prioritize increased dedicated funding to police,fire, and emergency medical services. • The City of Virginia Beach requests that the General Assembly preserve existing local authority to implement public safety technology including expanding local authority to install speed enforcement cameras beyond school and construction zones and enable the use of noise abatement devices to better enhance the quality of life in our neighborhoods. • The City of Virginia Beach requests that the General Assembly provide greater resources for localities and the Commonwealth's Office of Hemp Enforcement(OHE)to better educate the public, especially minors, on the risks of possessing and consuming intoxicating hemp products and to better enforce the laws regulating these products,with an emphasis placed on enforcement action plans for retailers who continue to sell intoxicating hemp products. 6 tt - POLICY PRIORITIES Transportation The City of Virginia Beach seeks to enhance mobility, reduce congestion, and improve sustainability of transportation infrastructure through modernizing road networks, supporting public transit and multi- modal options, and ensuring safety and accessibility for all users. • The City of Virginia Beach supports efforts to continue to improve highway and secondary roadway infrastructure throughout Hampton Roads. • The City of Virginia Beach supports efforts by Hampton Roads Transit(HRT)to protect and enhance transit programs and funding including appropriate essential, consistent funding to meet HRT's capital and operating needs, including innovative transit options such as micro-transit. • The City of Virginia Beach supports General Assembly efforts to continue investing in trail projects with a request that the Virginia Beach Trail be considered for any future funding opportunities. • The City of Virginia Beach supports efforts by the General Assembly to protect vulnerable road users, including pedestrians and cyclists. • The City of Virginia Beach supports efforts to promote micromobility options while also improving safety and user education related to e-bikes. 7 } } CHARTER AMENDMENT Protecting the Blue Line Background: In 1979,the City of Virginia Beach established a growth boundary, known as the Green Line,to both safeguard rural and agricultural property and limit local spending.The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts,with residential zones north and agricultural ones south.The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location. The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004,the City's Public Utilities Department introduced the Blue Line as an urban services boundary, which established a hard stop for further southernly expansion of City water and sewer services.While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan,the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council to rezone property south of the Blue Line to a higher density or a more intense zoning district. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (proposed language to be determined by City Council) 8 ~-�• CODE AMENDMENT De-listing Short-term Rentals Background: The short-term rental(STR) market in Virginia Beach is a vital part of the city's tourism and lodging network. Because of this,the City of Virginia Beach has taken steps to improve the process to register as an STR operator while strengthening safety and preserving the character of neighborhoods. There are more than 3,000 STRs operating in Virginia Beach at any given time. However, only about half operate within the state and local regulations.A major loophole in enforcement is that the owner of a non-compliant property can maintain their listing on STR platforms despite not adhering to regulations. Currently, localities do not have the authority to compel STR platforms to remove listings of non- compliant listings without time-consuming and costly court action. To improve enforcement, public safety, and peaceful enjoyment of neighborhoods,the Commonwealth should grant localities the ability to require STR platforms to delist non-conforming STR listings. Request: The City of Virginia Beach requests that the General Assembly adopt legislation that grants localities the authority to require an STR platform to remove a nonconforming STR listing and refund/cancel bookings for that listing. 9 CODE AMENDMENT Establish the Emergency Responder Grant Fund and Program Background: Firefighters and emergency responders are regularly exposed to toxic chemicals, carcinogens, and hazardous materials while on thejob--even with protective gear. Research has shown alarming evidence indicating that firefighters are at a significantly higher risk of developing cancer compared to the general population. Studies from esteemed organizations such as the National Institute for Occupational Safety and Health (NIOSH), the International Association of Fire Chiefs (IAFC), and the National Fire Protection Association (NFPA) have consistently documented the relationship between firefighting and an increased risk of various cancers. A state-funded cancer screening program would ensure early detection,which is critical to improving survival rates and reducing the long-term costs of treatment. Request: The City of Virginia Beach requests that the General Assembly establish and fund a grant program administered by the Virginia Department of Fire Programs to provide funding to localities for cancer screenings for first responders. 10 ff S CODE AMENDMENT Expanding the allowable expenses under "Four for Life" funding Background: Expanding the allowable expenses under the "Four for Life" program is a necessary and timely adjustment that recognizes the evolving needs of emergency medical services (EMS) agencies across the Commonwealth.While the current statute limits the use of"Four for Life"funds to training and the purchase of equipment and supplies,this narrow scope fails to account for the ongoing operational and logistical demands faced by EMS providers. Modern EMS operations require not only up-to-date equipment and properly trained personnel, but also safe and functional facilities, properly maintained vehicles, and adequate funding for essential day-to-day operations that ensure agencies can respond effectively to emergencies. Broadening the statute to include maintenance, facility improvements, permitted vehicle support, and other necessary operating costs would provide localities with the flexibility to meet their unique needs and ensure a stable, sustainable EMS infrastructure. Furthermore,the proposed revision maintains the core intent of the "Four for Life"funding—to enhance prehospital emergency medical services—while providing localities with a more realistic and practical toolkit for using these funds. Local leaders are best positioned to assess their own communities' needs and granting them the discretion to allocate funds for operational expenses deemed necessary ensures that resources are used where they are most impactful. Request: The City of Virginia requests that the General Assembly adopt legislation that expands the allowable expenses under the "Four for Life" program. Proposed language: Amend Virginia Code Section 46.2-694 Fees for vehicles designed and used for transportation of passengers; e.Twenty-six percent shall be returned by the Comptroller to the locality wherein such vehicle is registered,to provide funding for training of volunteer or salaried emergency medical services personnel of nonprofit emergency medical services agencies that hold a valid license issued by the Commissioner of Health and for the purchase or maintenance of necessary equipment, supplies,facilities,vehicles permitted by the Virginia Office of EMS, and other operating expenses deemed necessary by the locality to ensure the provision of emergency medical services in that locality for tise in stleh iaeaiit f0f by nonprofit emergency medical services agencies that hold a valid license issued by the Commissioner of Health. 11 s; =-' CODE AMENDMENT Increase the Fire Programs Fund Background: The Virginia Fire Programs Fund is derived from an annual one percent assessment of fire related insurance coverage. The Fund is used to provide an annual population-based allocation to localities throughout the Commonwealth,through the Aid to Localities Program (ATL). Funding supports the critical needs of Virginia Fire Departments, but with the significant rise in the cost of equipment and fire apparatus, the funding is no longer sufficient. According to a study conducted by the Virginia Fire Programs, across the Commonwealth calls for service have increased by 40% over the last three years while funding at the state level has remained relatively the same for 20 years. The last increase in the Virginia Fire Programs Fund occurred in 1995, goingfrom .8%to 1%. Request: The City Council requests that the General Assembly increase the annual assessment levied on businesses that sell fire insurance premiums from the amount of one percent of the total direct gross premium income for such insurance to one and a half percent. Proposed language: Amend Virginia Code Section 38.2 Insurance, Chapter 4. 38.2-401. Fire Programs Fund: The Commission shall annually assess against all licensed insurance companies doing business in the Commonwealth by writing any type of insurance as defined in §§38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 and those combination policies as defined in §38.2-1921 that contain insurance as defined in §§38.2-110, 38.2-111 and 38.2-126, an assessment in the amount of one and one half percent of the total direct gross premium income for such insurance. Such assessment shall be apportioned, assessed and paid as prescribed by§ 38.2-403. In any year in which a company has no direct gross premium income or in which its direct gross premium income is insufficient to produce at the rate of assessment prescribed by law an amount equal to or in excess of$100,there shall be so apportioned and assessed against such company a contribution of$100. 12 CODE AMENDMENT Low-impact Utility Markings Background: Members of City Council and community stakeholders have previously shared concerns regarding the number of unsightly utility markings on sidewalks and streets, especially within the resort area, and have requested updates to regulations or policies to discourage the use of long-lasting paint/marking products. State law currently requires all underground utilities be marked per American Public Works Association standards prior to commencement and for the duration of a construction/excavation project. The City of Virginia Beach has made strides in trying to reduce and eradicate the markings, including developing new guidelines and investing in the additional staff and equipment needed to remove them, however,the number of utility markings remains a concern. Request: The City Council requests that the General Assembly grant localities the authority, by ordinance,to require the use of tow-impact markings when identifying utility locations in officially designated tourism zones. Language: Amend State Corporation Commission Rule 20VAC5-309-110. General Marking Requirements. J. If the use of line marking is considered damaging to property(driveways, landscaping, historic locations, designated tourism districts,to the extent boundaries are known), "spot" marking or other suitable marking methods shall be used. 13 S' a# - . } CODE AMENDMENT Marsh Terrace Project Permit Background: The City of Virginia Beach is leading an effort to design and permit marsh terraces within Bonney Cove, located in the Back Bay National Wildlife Refuge.The project will restore valuable habitat for Back Bay fish and wildlife species, improve water quality, and reduce flood impacts by reducing wave heights and water velocities. Periods of sustained southerly winds push water from Currituck Sound into Back Bay, increasing water levels by several feet and flooding low-lying lands, homes, and critical roadways.Analysis has indicated that increased sea levels and marsh loss are significant contributing factors.The project site was strategically selected as it offers an opportunity to restore approximately 260 acres of marsh island habitat, utilizing a nature-based solution that both provides benefits to the natural ecosystem and in preventing flooding. However, earlier this year the project was denied the required permit from the Virginia Marine Resource Commission (VMRC)due to the discovery of submerged aquatic vegetation (SAV). SAV is a valuable resource for the watershed. But the Marsh Terrace project will create an ecosystem that will promote SAV and allow it to thrive, restore valuable habitat for Back Bay fish and wildlife species, and improve water quality while providing critical flood protection benefits. The benefits of this project far outweigh the impact both for the environment and for city residents, but the regulations set out by the VMRC do not allow for that distinction.The General Assembly should take action to permit this project to move forward. Request. The City of Virginia Beach requests that the General Assembly authorize the Virginia Marine Resource Commission to permit the marsh terrace project and allow it to move forward. Language: Amend Virginia Code Section 28.2-1205. Permits for the use of state-owned bottomlands "A local government whose borders are adjacent to the Back Bay and its tributaries who is intending to construct wetlands within the Bonney Cove section of Back Bay and its tributaries,for the purposes of marsh restoration and/or creation shall be authorized by the Virginia Marine Resources Commission when the acreage of restored and/or created wetlands together with acreage promoting regrowth of submerged aquatic vegetation equals or exceeds the total acreage of direct impacts to submerged aquatic vegetation, plus direct impacts to"vegetated wetlands of Back Bay and its tributaries" , and direct impacts to"nonvegetated wetlands." 14 p ...a„ f .y 4, '. CODE AMENDMENT Menhaden Fishing Regulation Background: Atlantic menhaden is a small, nutrient-dense fish that supports healthy marine and estuarine ecosystems in the Chesapeake Bay and throughout the coast.As a keystone forage fish, menhaden form a critical link between the bottom and top of the food chain. Menhaden are largely regarded as one of"the most important fish in the sea."When menhaden populations are unhealthy or unsustainably harvested, other vital fisheries,tourism industries, and the health of the Chesapeake Bay are negatively impacted. The state of Virginia is allowed roughly three-quarters of the coastwide menhaden harvest limit(nearly 350 million pounds),the majority of which comes from inside and adjacent of the Chesapeake Bay. Despite the concentrated, high-volume menhaden harvests in Virginia's waters, menhaden science in Chesapeake Bay is "woefully inadequate,"according to the Virginia Institute of Marine Science. Recreational fishing is a tremendous economic driver in Virginia Beach, contributing to the City's nearly $3 billion tourism economy.The positive economic and cultural impacts of recreational fishing depend on productive fisheries, thriving ecosystems, and a healthy menhaden population. Request: The City of Virginia Beach requests the General Assembly devote additional resources to better understand the ecology of menhaden in the Chesapeake Bay region and to direct the Virginia Marine Resources Commission to implement additional conservation-minded management strategies for the Menhaden Reduction fishery for Virginia's waters. • Prohibit industrial reduction fishing in Virginia's waters until adequate science is developed to determine the sustainability of removing large volumes of this key forage species from the Chesapeake Bay estuary. • Implement quota periods for the Chesapeake Bay Reduction Cap, to mitigate impacts of concentrated industrial fishing effort in the Bay. • Adopt time and area closures in order to protect important predator species, such as osprey. • Require fisheries observers on all purse-seine fishing trips within the Chesapeake Bay. Funding to come from a Virginia reduction landings fee established by the Commonwealth. 15 ff � iSq�t ,p d'f a: CODE AMENDMENT "Pop-up" Event Zones Background: Across the country,tourist destinations are facing a growing crisis: how to maintain public safety and essential government services in an era where anyone can use social media to rapidly organize large- scale gatherings. Again and again, cities and towns popular with visitors have been blindsided by well- intentioned but unpermitted events that spiral out of control—often with dangerous consequences. One such example occurred in Virginia Beach, where a single weekend saw the police make 53 arrests, file over 200 charges, and confiscate 28 firearms—all while responding to multiple chaotic stampedes triggered by fears of gunfire.These are not isolated incidents—they are part of an increasingly frequent and unsustainable pattern that demands urgent action. In response, severaljurisdictions—including Maryland, Florida, and the District of Columbia—have enacted legislation empowering local governments to address these spontaneous social media-driven events.These measures include the authority to establish special enforcement zones, impose curfews for unaccompanied minors, limit occupancy on public and private properties, increase penalties for traffic violations, and recover costs from event organizers to cover the additional burden on public services. Without similar tools,tourist destinations across the nation remain vulnerable to these unpredictable and potentially dangerous events. Request: The City of Virginia Beach requests that the General Assembly provide the authority for a localityto create a "Pop-Up Zone"that includes the following: Pop-Up Event Zone Requirements Definitions "Pop-Up event" means an unpermitted temporary activity or event organized or promoted via a social media platform where more than 50 people are expected to attend. "Pop-Up Event Zone"means a contiguous area on or along a roadway,street, or highway which is designated by warning signs.The term includes all parking structures, parking lots, and any other property,whether public or 16 private, immediately adjacent to or along the designated area. Advance Notification Localities must provide a minimum of 24 hours'public notice before a Pop-Up Event Zone is activated. Public Information Webpage A dedicated webpage must be launched detailing all enhanced enforcement measures, including: • Any reduced speed limits(with specific new limits clearly listed) • Curfew times for unaccompanied minors(with exact start and end times) Zone Signage at Entry and Exit Points Clearly visible signage must be posted at all ingress and egress points of the Pop-Up Zone, informing the public that: • A Pop-Up Event Zone is active • Traffic fines are doubled within the zone Speed Limit Signage(if applicable) If speed limits are reduced within the zone, additional signage must be installed to clearly indicate the new speed limit to motorists. Pop-Up Event Zone Enforcement Powers Enhanced Traffic Fines Localities may impose increased traffic fines within the Pop-Up Zone, not to exceed $500 per violation Temporary Speed Limit Reductions: Authorities may reduce posted speed limits within the zone to enhance pedestrian and vehicular safety Occupancy Limit Enforcement Localities may establish and enforce occupancy limits on both public and private property within the Pop-Up Zone Cost Recovery from Event Organizers Governments may recover all relevant costs and fees incurred from the designation and enforcement of the Pop-Up Zone directly from event organizers Curfew for Unaccompanied Minors A curfew may be imposed for unaccompanied minors, beginning as early as 6:00 PM. Minors must be accompanied by a parent or legal guardian during curfew hours 17 ayFy s`1-h. �F t.f S S7 Budget Request City of Virginia Beach Budget Requests Organization Budget Language Amount Requested Virginia Beach Fire Department Out of the first year of the $1,775,000 budget,the City of Virginia Beach requests funding to support VBFD's Urban Search & Rescue Task Forces (VATF-2) Virginia Beach Police Out of the first year of the $1,000,000 Department budget,the City of Virginia Beach requests funding to support gun prevention violence, of which funding will go towards the City's Parks After Dark Program and to upgrade equipment needs that will support safety in neighborhoods Virginia Aquarium Out of the first year of the $250,000 budget,the City of Virginia Beach requests funding to support the Virginia Aquarium's Stranding Program Virginia Aquarium The City of Virginia Beach Language-only request supports the creation of a General Assembly workgroup to evaluate the Virginia Aquarium's future renovation and expansion City Manager's Office Out of the first year of the $250,000 budget,the City of Virginia Beach requests additional support forthe renovation of Courthouse office space in Building 10 18 f Budget Request Empowering Local Governments: Funding Unfunded Mandates Through Partnership Background: Local governments across Virginia are burdened with significant costs from both state and federal unfunded mandates. In Virginia Beach alone, these costs exceed $251 million annually*—equal to 30 cents of every 97-cent real estate tax dollar. Without new revenue sources, localities will face difficult choices: raise taxes or reduce essential services. A key example is the Veterans Disabled Tax Relief Program,which reduces Virginia Beach's revenue by $36 million annually.While the value of these mandates is undeniable,the financial burden is unsustainable. Empowering local governments with targeted taxing authority will help meet unfunded mandate obligations without raising real estate taxes or cutting critical services. It's a fiscally responsible partnership that strengthens both the Commonwealth and local governments. Request: The City of Virginia Beach requests that the General Assembly expand taxing authority to generate new, sustainable revenue streams. New Revenue Opportunities 1. Cannabis Marketplace • 2025 Proposal: 2.5% local tax=$20M/year by 2031 • Proposed Increase: 5% local tax=$40M/year by 2031 2. Skill Games • 2025 Proposal: 2.25% local share =$15M/year * Proposed Increase: 5% local share=$33.5M/year 3. I-Gaming • 15% state tax generates$150M-$400M/year • Proposed Local Tax: 0 5%_$53M-$133M/year 0 2.5%_ $26.5M-$66.75M/year Existing Revenue Streams-Expand Local Share • 4. Online Sports Gambling • Current: 15%state tax=$92M/year(no local share) 0 Proposed:Add 5% local tax=$30.7M/year 19 • Daily Fantasy Sports: If the General Assembly moves forward with regulating and taxing DFS similar to online sports gambling, then a local government tax should be included. 5.Tobacco Products • State revenue: $225M/year from cigarettes and other tobacco taxes • Localities capped at 40� per pack or their current rate; no authority to tax other tobacco products • Proposals: o Remove capon local cigarette taxes o Add local tax on "other"tobacco that is equal to'h state tax=$27.5M/year 6. Modernizing the Sales Tax to IncludE: Digital Downloads and Streaming • State revenue estimates: $200M -$500M • 1% local tax estimate: $40M -$t 00M Summary of Local Government Revenue Potential: Scenario Annual Local Revenue Low Estimate $198.2 million High Estimate $364.7 million 20 Una�o oy s g.�rt 30 ITEM— i!L.4 ORDINANCES/RESOLUTIONS ITEM#77671 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Resolution to NOMINATE Thomas M. Leahy, Phillip A. Davenport and J. Barry Frankenfield to the Governor as candidates for the position of local representative for the term of office commencing January 1, 2026, to the Southeastern Public Service Authority(SPSA) 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 October 21, 2025 1 A RESOLUTION TO MAKE NOMINATIONS TO 2 THE GOVERNOR FOR THE SPSA BOARD 3 4 WHEREAS, Thomas M. Leahy serves as the City's local representative on Board 5 of the Southeastern Public Service Authority (SPSA), and his first full term of four-years 6 expires December 31, 2025; 7 8 WHEREAS, Mr. Leahy currently serves as the Chairman of SPSA, and his 9 leadership has been instrumental in bringing forward the recommendation to extend the 10 useful life of the landfill through an innovative partnership with Commonwealth Sortation, 11 LLC; 12 13 WHEREAS, § 15.2-5102.1 of the Code of Virginia requires the City Council to 14 nominate three persons with general business knowledge to be appointed by the 15 Governor to fill the vacancy on the SPSA Board; 16 17 WHEREAS, the City Staff has reviewed and recommends the three names 18 appearing below for nomination to the Governor. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The following three nominees are to be presented to the Governor for appointment 24 as the Virginia Beach local representative on the Board of SPSA for the term of office 25 commencing January 1, 2026: 26 27 1. Thomas M. Leahy 28 2. Philip A. Davenport 29 3. J. Barry Frankenfield 30 31 BE IT FURTHER RESOLVED, THAT 32 33 The City Manager is hereby directed to transmit a certified copy of this resolution 34 to the Governor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2 1 s t day of October , 2025. APPROVED AS TO CONTENT: APP ED AS TO LEGAL SUFFICIENCY: Department of Public Works C' t rney's Office CA16996 R-1 October 9, 2025 31 ITEM— V.L 5 ORDINANCES/RESOLUTIONS ITEM#77672 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE City support for Virginia Beach Restaurant Week (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Remick 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 October 21, 2025 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, CUMMINGS, AND SCHULMAN 1 A RESOLUTION AUTHORIZING CITY SUPPORT FOR 2 VIRGINIA BEACH RESTAURANT WEEK 3 4 WHEREAS, for over twenty years, Virginia Beach's Restaurant Week has offered 5 a rich and diverse culinary experience for residents and visitors; and 6 7 WHEREAS, nearly sixty restaurants participate in the event and offer a wide 8 variety of international cuisine, American fare, and seafood; and 9 10 WHEREAS, each restaurant is committed to keeping Virginia Beach's dining scene 11 vibrant and ensuring diners have an enjoyable and rewarding experience; and 12 13 WHEREAS, the next Virginia Beach Restaurant Week will take place on January 14 16 through January 25, 2026 ("January 2026 Event"); and 15 16 WHEREAS, the City desires to provide marketing and communications assistance 17 to promote the January 2026 Event and to encourage residents and visitors to participate 18 in Virginia Beach Restaurant Week. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby expresses its support for the January 2026 Event, 24 and 25 26 That the City Manager is directed to utilize in-kind resources from the City's 27 Communications Office and the Convention and Visitors Bureau's marketing team to 28 assist and support Virginia Beach Restaurant Association with marketing the January 29 2026 Event. Adopted by the City Council of the City of Virginia Beach, Virginia on the 21st day October 2025. APPROVED AS TO LEGAL SUFFICIENCY: 1 L, aw C_ City Attorney's Office CA16990 R-1 October 8, 2025 32 ITEM— V L.6 ORDINANCES/RESOLUTIONS ITEM#77673 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Bonney G. Bright(90.77+/-Acres), the issuance by the City of its contract obligations in the maximum principal amount of$1,523,773 and TRANSFER funds to purchase U.S. Treasury STRIPS 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 October 21, 2025 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM BONNEY G. BRIGHT (90.77+/- 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF $1,523,773, AND 3) 7 TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $1,523,773; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.595% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.595% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness underthe Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $453,018.00 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21 st day of 72 October 2025. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and anagement Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: /I Director of Finance City Attorney's Office CA16751 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d014\p052\01032161.doc R-1 September 25, 2025 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2025-177 SUMMARY OF TERMS SELLER: Bonney G. Bright PROPERTY: 5548 Buzzard Neck Road(GPINs:2308-56-8457,2308-57-0200,2308-67-0487, 2308-67-9275,and 2308-77-1255) PURCHASE PRICE: $1,523,773 EASEMENT AREA: 90.77 acres, more or less DEVELOPMENT POTENTIAL: Fifteen (15) single-family building sites (1 reserved due to mobile home on the property) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.595% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA"). Rate may not exceed 6.595% without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one(1) year following execution and delivery of the IPA. 33 ITEM— V.L.7 ORDINANCES/RESOLUTIONS ITEM#77674 The following registered to speak: Andy Shiff, Phone: 202-56-2947, declined to speak Ashley Wilshire, applicant, spoke in SUPPORT Rob Beaman, attorney for applicant, declined to speak Allen Hartcourt, 900 Piney Branch Lane, Phone:274-8654, did not respond Rain Spann, 4941 Travertine Avenue, Phone: 403-0873, spoke in OPPOSITION Jonathan Langman, 413 Cedar Lane, Phone: 540-230-9149, spoke in OPPOSITION Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, spoke in OPPOSITION Natalia Ramos, 125 Abbey Road, Suffolk, Phone: 403-3083, spoke in OPPOSITION Adam Appleton, 508 Lake Drive, Phone: 969-7807, spoke in OPPOSITION Upon motion by Council Member Remick, seconded by Council Member Cummings, City Council ADOPTED,AS AMENDED, Ordinance to DECLARE City-owned property at 333 Laskin Road to be in the EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to VB Laskin Road LLC re development into a multi family residential, commercial and structured parking facility (Deferred from September 2, 2025) Voting: 10- 1 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 and Joashua F. "Joash" Schulman Council Members Voting Nay: Rosemary Wilson Council Members Absent.- None October 21, 2025 1 AN ORDINANCE 1) DECLARING CITY PROPERTY LOCATED 2 AT 333 LASKIN ROAD TO BE IN EXCESS OF THE CITY'S 3 NEEDS AND 2) AUTHORIZING THE CITY MANAGER TO 4 ENTER INTO A PURCHASE AGREEMENT FOR THE SALE 5 OF THE PROPERTY TO VB LASKIN ROAD LLC 6 7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 333 8 Laskin Road (GPIN: 2418-91-8994) consisting of approximately 14,246 sq. ft. (0.327 9 acres) of land (the "Property"); 10 11 WHEREAS, the City acquired the Property subject to a lease to PJ Cheese, Inc., 12 which operates a Papa John's Pizza restaurant; 13 14 WHEREAS, the tenant is in the process of relocating and expects to vacate the 15 Property by Fall 2025; 16 17 WHEREAS, in December 2024, the City issued a Request for Proposals (RFP 18 #ED-24-02) to identify a private party to redevelop the Property; 19 20 WHEREAS, after a review committee evaluated the two responsive proposals, 21 staff recommended that VB Laskin Road LLC, a Virginia limited liability company, or an 22 affiliated entity (the "Developer") acquire the Property for redevelopment; 23 24 WHEREAS, the Developer, who owns multiple adjacent parcels, proposed a 25 redevelopment plan consisting of multi-family residential, commercial and a structured 26 parking facility, with an estimated private capital investment of $64 million (the 27 "Project"); 28 29 WHEREAS, City staff and representatives of the Developer have negotiated a 3o non-binding term sheet (the "Term Sheet") for development of the Project, attached 31 hereto as Exhibit A; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in excess of the 34 City's needs and the sale of the Property to the Developer is in the best interests of the 35 City. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA, 39 40 1. That the Property, consisting of approximately 14,246 sq. ft. (0.327 acres), 41 more particularly described on Exhibit B attached hereto and incorporated herein, is 42 hereby declared to be in excess of the needs of the City of Virginia Beach. 43 44 2. That the City Manager, or his designee, is hereby authorized to execute 45 any and all documents necessary for the sale of the Property as contemplated herein, 46 so long as the documents are substantially in accordance with the terms set forth on the 47 Summary of Terms, attached hereto as Exhibit A, and incorporated herein, and such 48 other terms, conditions or modifications as may be acceptable to the City Manager and 49 in a form deemed satisfactory by the City Attorney, 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day 52. of October , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Econorni Development CA16735 %1vbgov.comld(s 1 kapoicationskitylavAcycom321wpd=%do30lp049101083770.docx R-1 8/5l2025 2 EXHIBIT A TERM SHEET The City of Virginia Beach (the "City") is the owner of the approximately 0.327-acre parcel located at 333 Laskin Road (the "Property"). On December 1, 2024, the City issued its Requests for Proposals (RFP 4ED-24-02) (the "RFP") seeking the purchase of the Property by a qualified respondent for the purpose of redevelopment of the Property. After a review of all responsive submittals to the RFP,the City determined that VB Laskin Road LLC (the "Developer") proposed the most beneficial reuse of the Property. Accordingly, representatives of the Developer and the City have discussed terms whereby the Developer would acquire and develop the Property. This Term Sheet is intended to reflect the shared understanding of the parties and their respective commitments. This Term Sheet is not intended to be a legally binding agreement, and all proposals outlined are subject to approval by the Developer and the City Council. Property: 0.327+/- acres of real property located at 333 Laskin Road, Virginia Beach, Virginia (GPIN: 2418-91-8994), more particularly described on Schedule 1, attached hereto. Owner/ Seller: The City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia. Purchaser/ Developer: VB Laskin Road LLC, a Virginia limited liability company, or affiliated entity. Price: $1.5 M(inclusive of City's easement interest in the alley at 30 %Street), subject to downward adjustment up to $300,000 for existing utilities as set forth in Special Terms,below. Due Diligence: Purchaser to have 180 days from execution of purchase agreement to access Property for purpose of conducting studies and other due diligence. Closing: Forty-five(45)days from Site Plan approval including all permits for development of the Parcel. City to retain right to approve scope of Project prior to closing. Either party may terminate if Closing has not occurred within thirty (30) months of the date of the Purchase Agreement. Project: The Developer to assemble the Property, along with 1.28+/- acres of adjacent parcels owned or controlled by the Developer (or its affiliates), and 0.16+/- acres of public right-of-way (if vacated after public process) for the purpose of constructing a multi-level,multi-use structure currently planned to consist of(i) 5- 6 levels of multi-family with 215+/-units, and(ii)20,000+/- square feet of ground floor retail/restaurant/office, and (iii) a 5-level parking deck with 330+/- spaces. The Developer's anticipated investment is $64M. 1 Construction Period: 20-30 months from construction commencement. Special Terms: The Developer to apply for closure(or partial closure)of alley known as 30 %2 Street if right-of-way to be included in Project. The Developer responsible for all utility relocation and dedication of any public or private utility easements necessary for the Project. Recapture: The City to have the right to reacquire the Property for price paid at Closing if for reasons other than force majeure construction of the Project has not commenced within three(3)years of Closing. Price Adjustment: The Purchase Price may be adjusted downward up to $300,000 should during due diligence the Developer determine that a portion of the Property is undevelopable due to the presence of utilities or other existing impediments. This adjustment shall be $105.30 per square foot based on the size of the impediment. Definitive Documents: The parties recognize and agree that if the proposal outlined in this Term Sheet moves forward,there will be negotiated and prepared a more detailed development agreement that will contain additional terms,conditions and obligations to the terms stated herein. 2 SCHEDULE 1 (Legal Description) ALL THAT certain lot, tract or parcel of land together with the improvements thereon belonging, lying,situated and being in the City of Virginia Beach,Virginia and designated and described as: "SIX GENERAL CORPORATION D.B. 3188, PG. 1176 M.B. 5, PG. 151 GPIN 2418-91-8994," and further designated and described as "AREA TO BE ACQUIRED 14,000 SQ. FT. OR 0.321 ACRES" as shown on that certain plat entitled, "PLAT SHOWING PROPERTY AND EASEMENT TO BE ACQUIRED FROM SIX GENERAL CORPORATION BY THE CITY OF VIRGINIA BEACH FOR LASKIN ROAD GATEWAY PROJECT PHASE I-A (CIP 2-143) VIRGINIA BEACH,VIRGINIA," Scale: 1"=25',Dated March 29,2009 and revised through April 21, 2011, prepared by Precision Measurements, Inc. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110426000415010. [Subject to the covenants,conditions,restrictions, and easements of record] 3 34 ITEM— V.L.8 ORDINANCES/RESOLUTIONS ITEM#77675 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for sixty(60)months re office space in the Judicial Center at 2425 Nimmo Parkway with the Commonwealth of Virginia, Court of Appeals of Virginia 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 October 21, 2025 I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR SIXTY (60) 3 MONTHS WITH THE COMMONWEALTH OF 4 VIRGINIA, COURT OF APPEALS OF VIRGINIA, FOR 5 1,472 SQ. FT. OF OFFICE SPACE 1N THE JUDICIAL 6 CENTER LOCATED AT 2425 NIMMO PARKWAY 7 8 WHEREAS, the Commonwealth of Virginia, Court of Appeals of Virginia (the "Court 9 of Appeals") desires to lease approximately 1,472 sq. ft. of office space in the Judicial 10 Center located at 2425 Nimmo Parkway (the "Premises"); 11 12 WHEREAS, the City would build-out the Premises for use as office space for an 13 appellate judge and support staff; 14 15 WHEREAS, the Court of Appeals has agreed to pay rent totaling $225,000 during the 16 initial term of 60 months, which would reimburse the City for a portion of the cost to build- 17 out the Premises; 18 19 WHEREAS, the initial term of the lease would be 60 months, with two additional 60- 20 month renewal options; and 21 22 WHEREAS, specific terms and conditions of the lease are set forth in the Summary of 23 Terms attached hereto as Exhibit A. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager, or his designee, is hereby authorized to execute a lease 29 agreement with the Commonwealth of Virginia, Court of Appeals of Virginia, so long as the 30 terms and conditions are in substantial conformity with the Summary of Terms, attached 31 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 32 modifications as may be acceptable to the City Manager and in a form deemed satisfactory 33 by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of 36 October 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pu lic Works I R' al Estate City Attorney CA16757 \\vbgov.com\d fs 1\applications\citylavi\cycom32\wpdocs\d008\pO61\0107961 O.doc R-1 October 9, 2025 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: Commonwealth of Virginia, Court of Appeals of Virginia PREMISES: Approximately 1,472 sq. ft. of office space in the Judicial Center located at 2425 Nimmo Parkway, including non-exclusive use of common areas TERM: 60 months ("Initial Term"), with two 60-month renewal options (each, a "Renewal Term") RENT: Rent for the Initial Term: $225,000.00, payable in monthly installments of $3,750.00. Rent for a Renewal Term will be fair market value as agreed by the parties (or if no agreement reached, to be established by a real estate appraiser or broker). RIGHTS AND RESPONSIBILITIES OF THE PARTIES: • City shall build-out the Premises to the specifications as agreed by the parties. • Premises shall be used for general office use or such purpose as Lessee may be authorized by law to use same, provided the use is consistent with zoning regulations. • City shall maintain, repair and replace all structural portions of the Premises and common areas • City shall maintain, repair and replace all equipment and non-trade fixtures, including but not limited to plumbing, heating, air conditioning, electrical and mechanical devices, appliances and equipment. • City shall provide janitorial services five (5)days per week, excluding holidays. • City shall provide utilities including heating and air conditioning, electricity, gas, water and sewer. • City shall maintain insurance on the Premises and maintain general commercial liability insurance. City may provide for insurance requirements through a program of self- insurance. • All obligations of both parties are subject to appropriation by the applicable governing body. TERMINATION: • Lessee may terminate the lease at the end of the Initial Term or any Renewal by providing 6 months prior written notice to City. • City may terminate the lease upon the expiration of the second Renewal Term. 35 ITEM— V L.9 ORDINANCES/RESOLUTIONS ITEM#776 76 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions in the matter of Matthew E. Mancoll and Robin A.Mancoll re closure of an unimproved, unnamed alley adjacent to the rear of 219 50 Street 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 October 21, 2025 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF MATTHEW E. MANCOLL AND 4 ROBIN A. MANCOLL FOR THE CLOSURE OF 5 ONE-HALF OF AN UNIMPROVED, UNNAMED 6 ALLEY ADJACENT TO THE REAR OF 219 7 54TH STREET 8 9 WHEREAS, on November 14, 2023, the Council of the City of Virginia Beach 10 acted upon the application of Matthew E. Mancoll and Robin A. Mancoll (the 11 "Applicants") for the closure of one-half of an unimproved, unnamed alley adjacent to 12 the rear of 219 54t' Street; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3753P) to close 15 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 16 conditions being met on or before November 13, 2024; 17 18 WHEREAS, on October 8, 2024, the Applicants requested an extension of time 19 to satisfy the conditions to the aforesaid street closure action and, by Ordinance 20 adopted on November 12, 2024 (ORD-3789E), City Council approved the extension 21 until November 13, 2025; and 22 23 WHEREAS, on September 24, 2025, the Applicants requested an additional one- 24 year extension of time to satisfy the conditions to the aforesaid street closure action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting conditions of closure as stated in the Ordinance 30 adopted on November 14, 2023 (ORD-3753P), upon application of Matthew E. Mancoll 31 and Robin A. Mancoll, is extended to November 13, 2026. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21st day 34 of October , 2025. 35 36 No GPIN assigned (City Right-of-Way) 37 Adjacent to GPIN: 2418-79-6899 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16754 R-1 October 8, 2025 36 ITEM— V L.10 ORDINANCES/RESOLUTIONS ITEM#77677 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions in the matter of Whitney W. Elliott re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 218 SS`h Street, Unit B 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 October 21, 2025 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF WHITNEY W. ELLIOTT FOR THE 4 CLOSURE OF ONE-HALF OF AN 5 UNIMPROVED, UNNAMED ALLEY ADJACENT 6 TO THE REAR OF 218 55T" STREET, UNIT B 7 8 WHEREAS, on November 14, 2023, the Council of the City of Virginia Beach 9 acted upon the application of Whitney W. Elliott (the "Applicant") for the closure of one- 10 half of an unimproved, unnamed alley adjacent to the rear of 218 55th Street, Unit B; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3753Q) to close, 13 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 14 conditions being met on or before November 13, 2024; 15 16 WHEREAS, on October 8, 2024, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action and, by Ordinance adopted 18 on November 12, 2024 (ORD-3789F), City Council approved the extension until 19 November 13, 2025; and 20 21 WHEREAS, on September 24, 2025, the Applicant requested an additional one- 22 year extension of time to satisfy the conditions to the aforesaid street closure action. 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 25 Beach, Virginia: 26 27 That the date for meeting conditions of closure as stated in the Ordinance 28 adopted on November 14, 2023 (ORD-3753Q), upon application of Whitney W. Elliott, is 29 extended to November 13, 2026. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21 st_ day 32 of October 2025. 33 34 No GPIN assigned (City Right-of-Way) 35 Adjacent to GPIN: 2419-70-6052-0002 APPROVED AS TO LEGAL i SUFFICIENCY: Planning Department City Attorney CA16758 R-1 October 8, 2025 37 ITEM— VL.11 ORDINANCES/RESOLUTIONS ITEM#77678 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Resolution to APPROVE Attainable Workforce Housing Performance Grant to Grand Lakes,LP;AUTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement; and REQUEST the Virginia Beach Development Authority(VBDA) approve the Grant Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None October 21, 2025 1 RESOLUTION (1) APPROVING ATTAINABLE WORKFORCE 2 HOUSING PERFORMANCE GRANT TO GRAND LAKES, LP, 3 (2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE 4 GRANT AGREEMENT AND SUPPORT AGREEMENT AND (3) 5 REQUESTING THAT THE CITY OF VIRGINIA BEACH 6 DEVELOPMENT AUTHORITY APPROVE THE GRANT 7 8 WHEREAS, in 2022, the Virginia General Assembly amended the Industrial 9 Development and Revenue Bond Act allowing development authorities, in conjunction 10 with their local governing bodies, the power to make grants associated with the 11 construction of affordable housing; 12 13 WHEREAS, in furtherance of its priority to increase affordable housing in the City, 14 on April 1, 2025, City Council approved an Ordinance adopting the Attainable Workforce 15 Housing Performance Grant Program (the "Program") and requested the City of Virginia 16 Beach Development Authority (the "Authority") also adopt the same; 17 18 WHEREAS, on May 13, 2025, the Authority approved a Resolution adopting the 19 Program; 20 21 WHEREAS, Grand Lakes, LP, a Virginia limited partnership ("Grand Lakes"), 22 proposes to construct apartments on approximately 6.8 acres of land located at 5366 23 Virginia Beach Blvd. (a portion of GPIN: 1467-68-0155) (the "Project"). 24 25 WHEREAS, Grand Lakes has applied for a grant under the Program in 26 connection with the Project, on the terms and conditions set forth in the Summary of 27 Terms, attached hereto as Exhibit A (the "Grant"); 28 29 WHEREAS, Staff has determined that the application of Grand Lakes meets the 30 eligibility requirements and recommends approval; 31 32 WHEREAS, the grant would be paid by the Authority to Grand Lakes pursuant to 33 the terms of a Grant Agreement; and 34 35 WHEREAS, in accordance with the Program, the City and the Authority would 36 enter into a Support Agreement, wherein the City would agree to provide sufficient 37 funds to the Authority to meet its obligations set forth in the Grant Agreement 38 39 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1. That City Council hereby approves the Program grant to Grand Lakes and 43 authorizes the City Manager, or authorized designee, to execute a Grant Agreement 44 and Support Agreement, so long as such documents are in substantial conformity with 45 the terms set forth in the Summary of Terms, attached hereto as Exhibit A, and made a 46 part hereof, and such other terms, conditions or modifications as may be acceptable to 47 the City Manager and in a form deemed satisfactory by the City Attorney. 48 2. That City Council requests and recommends that the Authority adopt a 49 Resolution approving the Program grant to Grand Lakes on the same terms and 50 conditions set forth herein. 51 52 3. Incremental real estate taxes subject to the Grant Agreement and Support 53 Agreement are hereby dedicated to the Program and are not subject to the City/Schools 54 Revenue Sharing Policy. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s tday 57 of October , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: It Department of Housing and City Attorney Neighborhood Preservation CA16760 \\vbgov.com\d(s t\a pp licat ions\citylaw\cycom 32\wpdocs\d 007\p055\0I 079298.doc October 10, 2025 R-1 EXHIBIT A SUMMARY OF TERMS Attainable Workforce Housing Grant Program Grantor: The City of Virginia Beach Development Authority ("Authority") Recipient: Grand Lakes, LP, a Virginia limited partnership Property: Approx. 6.8 acres located at 5366 Virginia Beach Blvd. Portion of GPIN: 1467-68-0155. Grant Amount: An amount equal to 100% of incremental real estate taxes with the increment calculated as the difference between real estate taxes paid in fiscal year FY25-26 (the "Base Real Estate Tax Revenue") and those paid each year after completion of the Project, defined below. Grant Term: 15 years, with an option to renew for an additional 15 years if Recipient makes the Reinvested Capital Improvements in the Project in the first 15 years. Total term is 30 years. Project: • New Construction at the Property. • 172 multi-family apartment units for seniors. • 100% affordable units serving household with an average income 60% of the Area Median Income • Grant Amount = 100% of incremental real estate taxes. • Reinvested Capital Improvements $1,720,000. • Estimated Project Gap: $2,150,000. Other Terms: • City and Authority obligations under the Grant Agreement are subject to funds being appropriated and budgeted by City Council. • Administrative fee: 1% of grant payment to be paid by Recipient to Authority to cover administrative expenses for managing the grant. • Strive for goal of 50% small, woman, and minority (SWaM) business participation during the construction phase of development and require reporting of expenditures to the City's SWaM Office. �lN�' BFAc 0 City of Virginia Beach U ;p 9,fs �O� OF OUR NNT%43N N-Bgov com ROBERT W"WORTH"REMICK CELL:(757)640-5855 COUNCIL MEMBER EMAIL:WRemickQvbgov com DISTRICT 6 File No. 0097841 October 21, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2- 3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the resolution approving an attainable workforce housing performance grant to Grand Lakes, LP, authorizing the City Manager to execute the grant agreement and support agreement, and requesting that the Development Authority approve the grant. 2. Grand Lakes, LP is an affiliated entity of Franklin Group Companies, LLC ("Franklin Group"), and Franklin Group is a client of Colliers International Virginia, LLC ("Colliers"). I have a personal interest in Colliers because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100, Norfolk,Virginia 23510. 3. I do not personally provide services to Franklin Group, and the City Attorney's Office has advised me that the Act provides that I may participate in the City Council's consideration of this resolution. 4. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly,objectively, and in the public interest. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs.Amanda Barnes -2- October 21, 2025 Re: Disclosure Pursuant to Virginia Code §2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Zl V /7 Worth Remick Councilmember RWR/RRI 38 ITEM— V.L.12 ORDINANCES/RESOLUTIONS ITEM#77679 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Resolution to APPROVE Attainable Workforce Housing Performance Grant to The Silo Apts, LP;AUTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement; and REQUEST the Virginia Beach Development Authority(VBDA) approve the Grant Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None October 21, 2025 1 RESOLUTION (1) APPROVING ATTAINABLE WORKFORCE 2 HOUSING PERFORMANCE GRANT TO THE SILO APTS., LP, 3 (2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE 4 GRANT AGREEMENT AND SUPPORT AGREEMENT AND (3) 5 REQUESTING THAT THE CITY OF VIRGINIA BEACH 6 DEVELOPMENT AUTHORITY APPROVE THE GRANT 7 8 WHEREAS, in 2022, the Virginia General Assembly amended the Industrial 9 Development and Revenue Bond Act allowing development authorities, in conjunction 10 with their local governing bodies, the power to make grants associated with the 11 construction of affordable housing; 12 13 WHEREAS, in furtherance of its priority to increase affordable housing in the City, 14 on April 1, 2025, City Council approved an Ordinance adopting the Attainable Workforce 15 Housing Performance Grant Program (the "Program") and requested the City of Virginia 16 Beach Development Authority (the "Authority") also adopt the same; 17 18 WHEREAS, on May 13, 2025, the Authority approved a Resolution adopting the 19 Program; 20 21 WHEREAS, The Silo Apts., LP, a Virginia limited partnership ("Silo"), proposes to 22 construct apartments on approximately 8.5 acres of land located at 2641 Princess Anne 23 Road (GPIN: 1494-54-6842 and portion of GPIN: 1494-64-1457) (the "Project"). 24 25 WHEREAS, Silo has applied for a grant under the Program in connection with 26 the Project, on the terms and conditions set forth in the Summary of Terms, attached 27 hereto as Exhibit A (the "Grant"); 28 29 WHEREAS, Staff has determined that the application of Silo meets the eligibility 30 requirements and recommends approval; 31 32 WHEREAS, the grant would be paid by the Authority to Silo pursuant to the 33 terms of a Grant Agreement; and 34 35 WHEREAS, in accordance with the Program, the City and the Authority would 36 enter into a Support Agreement, wherein the City would agree to provide sufficient 37 funds to the Authority to meet its obligations set forth in the Grant Agreement 38 39 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1. That City Council hereby approves the Program grant to Silo and 43 authorizes the City Manager, or authorized designee, to execute a Grant Agreement 44 and Support Agreement, so long as such documents are in substantial conformity with 45 the terms set forth in the Summary of Terms, attached hereto as Exhibit A, and made a 46 part hereof, and such other terms, conditions or modifications as may be acceptable to 47 the City Manager and in a form deemed satisfactory by the City Attorney. 48 2. That City Council requests and recommends that the Authority adopt a 49 Resolution approving the Program grant to Silo on the same terms and conditions set 50 forth herein. 51 52 3. Incremental real estate taxes subject to the Grant Agreement and Support 53 Agreement are hereby dedicated to the Program and are not subject to the City/Schools 54 Revenue Sharing Policy. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s tday 57 of October 2025 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Housing and City Attorney Neighborhood Preservation CA16761 1\vbgov.com\dfs 1\a ppl icatio nslcitylaw\cycon1 32hvpdocs\d009\pO53\01080079.doc October 13, 2025 R-1 EXHIBIT A SUMMARY OF TERMS Attainable Workforce Housing Grant Program Grantor: The City of Virginia Beach Development Authority ("Authority") Recipient: The Silo Apts., LP, a Virginia limited partnership Property: Approx. 8.5 acres located at 2641 Princess Anne Road (GPIN: 1494- 54-6842 and Portion of GPIN: 1494-64-1457) Grant Amount: An amount equal to 100% of incremental real estate taxes with the increment calculated as the difference between real estate taxes paid in fiscal year FY25-26 (the "Base Real Estate Tax Revenue") and those paid each year after completion of the Project, defined below. Grant Term: 15 years, with an option to renew for an additional 15 years if Recipient makes the Reinvested Capital Improvements in the Project in the first 15 years. Total term is 30 years. Project: • New Construction at the Property. • 200 multi-family apartment units. • 100% affordable units serving household with an average income 60% of the Area Median Income • Grant Amount = 100% of incremental real estate taxes. • Reinvested Capital Improvements $2,000,000. • Estimated Project Gap: $2,775,000. Other Terms: • City and Authority obligations under the Grant Agreement are subject to funds being appropriated and budgeted by City Council. • Administrative fee: 1% of grant payment to be paid by Recipient to Authority to cover administrative expenses for managing the grant. • Strive for goal of 50% small, woman, and minority (SWaM) business participation during the construction phase of development and require reporting of expenditures to the City's SWaM Office. 4G�rIlA B�,q� U � City of Vera�7 a B each t 5 Op OUR NATION VBgOVAun ROBERT W"WORTH"REMICK CELL:(757)840-5855 COUNCIL MEMBER EMAIL:WRemickk5vbcwv.com DISTRICT 6 File No. 0097842 October 21, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Gvoernment Conflict of Interests Act, Section 2.2- 3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the resolution approving an attainable workforce housing performance grant to Silo Apts., LP, authorizing the City Manager to execute the grant agreement and support agreement, and requesting that the Development Authority approve the grant. 2. Silos Apts., LP is an affiliated entity of Franklin Group Companies, LLC ("Franklin Group"), and Franklin Group is a client of Colliers International Virginia, LLC ("Colliers"). I have a personal interest in Colliers because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100, Norfolk,Virginia 23510. 3. 1 do not personally provide services to Franklin Group, and the City Attorney's Office has advised me that the Act provides that I may participate in the City Council's consideration of this resolution. 4. 1 hereby disclose the facts above and declare that I am able to participate in this transaction fairly,objectively, and in the public interest. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Amanda Barnes -2- October 21, 2025 Re: Disclosure Pursuant to Virginia Code §2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Worth Remick Councilmember RWRARRI 39 ITEM— V.L.13 ORDINANCES/RESOLUTIONS ITEM#77680 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRL4TE$72,000 from the Tourism Investment Program (TIP)fund balance to the FY2025-26 Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Max Media of Hampton Roads,LLC re Party at the Pier concert series to begin April 2026 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 October 21, 2025 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE TOURISM INVESTMENT PROGRAM FUND AND TO 3 AUTHORIZE A SPONSORSHIP AGREEMENT FOR PARTY 4 AT THE PIER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $72,000 is hereby appropriated from the fund balance of the Tourism 10 Investment Program Fund, with revenues increased accordingly, to the FY 2025-26 11 Convention and Visitors Bureau Operating Budget for a sponsorship of Party at the Pier, 12 an eleven-event family friendly concert series to begin in April 2026. 13 14 2. The City Manager is hereby authorized to execute a sponsorship agreement 15 with Max Media of Hampton Roads, LLC, in a form acceptable to the City Manager and 16 approved by the City Attorney for Party at the Pier. 17 18 3. The City Manager is hereby directed to include the remaining funding 19 necessary for Party at the Pier in his proposed FY 2026-27 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the -2 1 st day of October 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement Services orney's Office CA16995 R-1 October 8, 2025 40 ITEM— i!L.14 ORDINANCES/RESOLUTIONS ITEM#77681 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRMTE $259,904.75 from the Virginia Opioid Abatement Authority (OAA) to the FY2025-26 Human Services Operating Budget and AUTHORIZE $77,564 as matching funds for Regional Recovery High School re support efforts to mitigate the ongoing opioid epidemic 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 October 21, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT EFFORTS TO ADDRESS THE OPIOID 3 EPIDEMIC 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $259,904.75 is hereby accepted from the Virginia Opioid Abatement Authority and 9 appropriated, with revenue increased accordingly, to the FY 2025-26 Operating Budget 10 of the Department of Human Services for various initiatives related to addressing the 11 opioid epidemic. Of this amount, $77,564 hereby is authorized to be used as matching 12 funds for the Regional Recovery High School. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of October , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: w B get and Management Services i y A torney's Office CA16992 R-1 October 3, 2025 41 ITEM— V L.15 ORDINANCES/RESOLUTIONS ITEM#77682 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$200,Olt from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2025-26 Human Services Operating Budget re workforce development programs 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 October 21, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR WORKFORCE DEVELOPMENT IN THE 3 DEPARTMENT OF HUMAN SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $200,011 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2025-26 Operating Budget of the Department of Human 11 Services for workforce development programs. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of October 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 ervices t rney's Office CA16994 R-1 October 8, 2025 42 ITEM— V.L.16 ORDINANCES/RESOLUTIONS ITEM#77683 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $300 from the Virginia Department of Emergency Management(VDEM)to the FY2025-26 Emergency Management Operating Budget re support the activities of local emergency management agencies in establishing, maintaining and operating emergency plans,programs and capabilities to deal with nuclear accidents 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 October 21, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $300 is hereby accepted from the Virginia Department of Emergency Management 9 and appropriated, with revenue increased accordingly, to the FY 2025-2026 Operating 10 Budget of the Department of Emergency Management to support the activities of local 11 emergency management agencies in establishing, maintaining and operating emergency 12 plans, programs and capabilities to deal with nuclear accidents. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of October , 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 Zivy orney's Office CA16991 R-1 October 3, 2025 43 ITEM- V.M.1 PLANNING ITEM#77684 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED,AS CONDITIONED,BY CONSENT,Application of PHIL M.BONIFANT/PHIL M. & TERESA C.BONIFANT for a Modification of Conditions to a Conditional Use Permit re assembly use at 2244&2252 Indian River Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 PHIL M. BONIFANT/PHIL M. & TERESA C. BONIFANT for a Modi zcation of Conditions to a Conditional Use Permit re assembly use at 2244 & 2252 Indian River Road (GPINs 2403419483, 2403418534) DISTRICT 2 The following conditions shall be required.• 1. The conditions of the Conditional Use Permit for an Assembly Use approved by the City Council on June 7, 2016 shall be replaced with the conditions below. The previous conditions associated with the Modification of Conditions for the Country Inn, approved by City Council on June 7, 2016, shall remain in effect. 2. The site shall be developed in substantial conformance with the submitted concept site plan entitled "PLAN OF PROPERTY-PARCEL B-1 SUBD. OF PARCEL B A.E. FENTRESS - VIRGINIA BEACH, VA, dated January 17, 2016, Rev. July 8, 2025, and prepared by Bonifant Land Surveys, 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. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the building as an Assembly Use. 4. Events shall be limited to no more than seventy-five[begin strikethrough]j -00} [end strikethrough]115I per calendar year and the maximum number of attendees shall not exceed 175 per event, unless a Special Events permit is issued from the City of Virginia Beach Special Events office or the maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. The applicant shall maintain an annual list of events held at the site. An up-to-date list of events shall be provided to Staff upon request to ensure compliance with this condition. 5. The Assembly Use shall comply with all applicable Fire and Building code requirements. 6. All lighting shall be contained on the subject property. The source of any light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. October 21, 2025 44 ITEM— V MJ PLANNING ITEM#77684 (Continued) 7. The alternative surface (grass/gravel) may be permitted on-site for the parking spaces on site. 8. Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the eventss time, size and scope of activities. 9. A Tourist Establishment Permit must be obtained from the Virginia Beach Department of Health. 10. There shall be a parking attendant provided at each event being held on site to direct guests where to park and to assist guests entering and exiting the site.All required parking shall be met on site. 11. There shall be no additional signage permitted on the site. 12. There shall be no weddings, parties, or other similar events between the hours of H:00 p.m. and 9:00 a.m. 13. There shall be no amplified music permitted outside between the hours of 10:00 p.m. and 12:00 p.m. (noon). 14. A Site Plan shall be submitted to the Department of Planning & Community Development/Development Services Center to ensure compliance with applicable regulations for all proposed on-site improvements. Site Plan approval shall be obtained prior to issuance of a building permit, which shall be required for the proposed venue structure and any other improvements,per City regulations. 15. The applicant shall provide monthly noti ication ofscheduled events to all property owners within a 1/8-mile radius. Proof o such notification shall be provided to Staff upon request to ensure compliance with this condition. This Ordinance shall be effective in accordance with Section 107(j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21" day of October Two Thousand Twenty Five. October 21, 2025 45 ITEM— V M.l PLANNING ITEM#77684 (Continued) 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 October 21, 2025 ifo ....... .... ...... 0!!" . ..... .. .. ......... ......... . ..... ..... .... . ..... .. ...... OR!- ... ... .... ... ....... 2 INDIAN RIVER RD G2 site N 177 zoning Phil M. Bonifant W-*[:, Property Polygons 2244 & 2252 Indian River Road S Feet 0 40 80 160 240 320 Map created by Planning Department on 9/16/2025 46 ITEM— V.M.2 PLANNING ITEM#77685 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, Application of ELLMER PROPERTIES VIRGINIA BEACH, LLC / 3909 VA BEACH BLVD, LLC for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales at 3909 Virginia Beach Boulevard DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 ELLMER PROPERTIES VIRGINIA BEACH,LLC/3909 VA BEACH BLVD, LLC for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales at 3909 Virginia Beach Boulevard(GPIN 1487241210) DISTRICT 4 The following conditions shall be required.• 1. All previous conditions attached to the Conditional Use Permit approvals of July 13, 1987 shall be voided and replaced with the following conditions below. 2. All site improvements, including but not limited to the fence elevation, shall be in substantial conformance to the exhibit entitled "PRIORITY LEXUS CONCEPT PLAN VIRGINIA BEACH, VA,"prepared by Kimley Horn and Associates Inc., dated August 27, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. Prior to any improvements or work in the City right-of-way or on City of Virginia Beach property, all required approvals shall be obtained, including but not limited to any necessary easements and permits. 4. Should the existing landscaping along Virginia Beach Boulevard or S Kentucky Avenue be disturbed, removed, or die, the landscaping shall be replanted to meet the requirements of the Zoning and Site Plan Ordinances. 5. Fencing material shall be an opaque,privacy vinyl material as shown on the Concept Plan. The fence shall be an earth tone color. 6. No loudspeakers, outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14)feet. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be submitted during the final site plan for review and approval by City staff. October 21, 2025 47 ITEM— V.M.2 PLANNING ITEM#77685 (Continued) 8. The exterior of the building shall be constructed in substantial conformance with the appearance, size, color, and materials shown on the submitted building elevations entitled "NEW DEALERSHIP SHOWROOM & SERVICE DRIVE FOR PRIORITY LEXUS", prepared by Convington, Hendrix, Anderson Architects, dated 212712025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 9. The primary finishing material for the building shall be a composite panel with aluminum coversheets, as shown on the Elevations. The finishing shall be in substantial conformance with the grays shown on the Elevations. 10. No vehicles for sale, rent, or employee or customer parking shall be parked within any portion of the public rights-of-way. 11. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signage. 12. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs that are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs or electronic display signs on the site. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 13. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 14. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21' day of October Two Thousand Twenty Five. October 21, 2025 48 ITEM— i!M.2 PLANNING ITEM#77685 (Continued) Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua E "Joash"Schulman and Rosemary Wilson Council Members Abstaining: Stacy Cummings Cal "Cash"Jackson-Green Council Members Absent: None October 21, 2025 L Cityof Virginia Beach OUR NA4VOtt Stacy Cummings VirginiaBeach.gov Council Member MUNICIPAL CENTER,BUILDING 1 District 8 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 CELL:(757)629-8691 STCUMMINGS aOVBGOV.COM File No. 0097848 October 21, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Ellmer Properties Virginia Beach, LLC for a modification of conditions to a conditional use permit for property owned by 3909 VA BEACH BLVD., LLC and located at 3909 Virginia Beach Boulevard. 2. Ellmer Properties Virginia Beach, LLC ("Ellmer Properties") disclosed that the LLC's members include Matthew A. Ellmer Irrevocable Trust ("the Trust"). Ellmer Properties is an affiliated entity of Priority Automotive Virginia Beach, Inc. ("Priority"). Ellmer Properties is located at 3909 Virginia Beach Boulevard, Virginia Beach, Virginia 23452. 3. 1 am a former employee of Priority, and I have a personal interest in an affiliated entity of the applicant. 4. 1 hereby disclose this interest, and I will abstain from participating in the City Council's consideration of this item. Mrs. Amanda Barnes 2 October 21, 2025 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Stacy Cummings Councilmember SC/RRI GLN1A BE9C D City of Virginia Beach �99'f5 'w 9 O�Ci OF BUR NpZ�N Cal"Cash"Jackson-Green Virg iniaBeach.gov Councilmember MUNICIPAL CENTER,BUILDING 1 District 7 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 CELL:(757)629-8792 CJACKSONGREEN2D.VBGOV.COM File No. 0097854 October 21, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. 1 am executing this written disclosure regarding the application of Ellmer Properties Virginia Beach, LLC for a modification of conditions to a conditional use permit for property owned by 3909 VA BEACH BLVD., LLC and located at 3909 Virginia Beach Boulevard. 2. Ellmer Properties Virginia Beach, LLC ("Ellmer Properties") is an affiliated entity of Priority Automotive Virginia Beach, Inc. ("Priority"). Ellmer Properties is located at 3909 Virginia Beach Boulevard, Virginia Beach, Virginia 23452. 3. 1 am a former employee of Priority. 4. 1 hereby disclose this interest, and I will abstain from participating in the City Council's consideration of this item. Mrs. Amanda Barnes 2 October 21, 2025 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Cal "Cash" Jac n-Green Councilmember CJG/RRI 02 Be N ash B 1 1, `varcY ON� r-----1F -I B2 -- II I i � I N ® site Ellmer Properties Virginia Beach LLC W E p g , Property Polygons 3909 Virginia Beach Boulevard S QZoning Building Feet 0 2550 100 150 200 250 300 49 ITEM— V.M.3 PLANNING ITEM#77686 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of ELLMER PROPERTIES BONNEYROAD,LLC/ BRUCE B. MILLS REVOCABLE TRUST and ADAMS OUTDOOR LIMITED PARTNERSHIP for a Conditional Use Permit re bulk storage yard at 3890, 3894 and 3898 Virginia Beach Boulevard DISTRICT 4 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 ELLMER PROPERTIES BONNEY ROAD, LLC/BRUCE B. MILLS REVOCABLE TRUST and ADAMS OUTDOOR LIMITED PARTNERSHIP for a Conditional Use Permit re bulk storage yard at 3890, 3894 and 3898 Virginia Beach Boulevard (GPINs: 1487330956, 1487238922, & 1487237932) DISTRICT 4 The following conditions shall be required.• 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "Priority Lexus Bulk Storage CUP Exhibit,"prepared by Kimley Horn, and dated March 25, 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 bulk storage yard shall be limited to operable motor vehicles. Vehicles on site shall be limited to those sold as personal vehicles and loaner vehicles associated with the motor vehicle sales operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The general public shall not access this site, and no sales shall take place on the subject properties. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Fencing material shall be limited to aluminum, vinyl, or other durable composite material. Wood and chain-link fences shall be prohibited. 5. No outdoor paging or loudspeaker system shall be permitted. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14)feet. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be submitted during final site plan for review and approval by City staff. October 21, 2025 50 ITEM— T!M.3 PLANNING ITEM#77686 (Continued) 7. The installation of security gates across afire apparatus access is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times. 8. Prior to the installation of any improvements proposed within the public right-of-way, including landscaping, the operator shall obtain approval of an Encroachment Agreement by the City Council. This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21' day of October Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Abstaining: Stacy Cummings Cal "Cash"Jackson-Green Council Members Absent: None October 21, 2025 ot�IA'B � ate . , U Cityof Virginia Beach C�99ks!7F QU A�%pN"'OFG` Stacy Cummings VirginiaBeach.gov Council Member MUNICIPAL CENTER,BUILDING 1 District 8 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA23456-9000 CELL:(757)629-8691 STCUMM INGS@VBGOV.COM File No. 0097849 October 21, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Ellmer Properties Bonney Road, LLC for a conditional use permit for property owned by Bruce B. Mills Revocable Trust and Adams Outdoor Limited Partnership, and located at 3890, 3894, and 3898 Virginia Beach Boulevard. 2. Ellmer Properties Bonney Road, LLC ("Ellmer Properties") is an affiliated entity of Priority Automotive Virginia Beach, Inc. ("Priority") and Elmer Properties Virginia Beach, LLC. Ellmer Properties is located at 3909 Virginia Beach Boulevard, Virginia Beach, Virginia 23452. 3. 1 am a former employee of Priority, and I have a personal interest in an affiliated entity of the applicant. 4. 1 hereby disclose this interest, and I will abstain from participating in the City Council's consideration of this item. Mrs. Amanda Barnes 2 October 21, 2025 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Stacy Cummings Councilmember SC/RRI City of Virginia F cacti . r— , DUR NA(1a���ta vilpmeom ROBERT W"WORTH"REMICK CELL:(757)840-5855 COUNCIL MEMBER EMAIL:WRemick(cilvbgov com DISTRICTS File No. 0097852 October 21, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Ellmer Properties Bonney Road, LLC for a conditional use permit for property owned by Bruce B. Mills Revocable Trust and Adams Outdoor Limited Partnership, and located at 3890, 3894, and 3898 Virginia Beach Boulevard. 2. The Bruce B, Mills Revocable Trust is a client of Colliers International Virginia, LLC ("Colliers"). I have a personal interest in Colliers because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100,Norfolk, Virginia 23510. 3. I do not personally provide services to The Bruce Mills Revocable Trust, and the City Attorney's Office has advised me that the Act provides that I may participate in the City Council's consideration of this application. 4. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs.Amanda Barnes -2- October 21, 2025 Re: Disclosure Pursuant to Virginia Code §2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Worth Remick Councilmember RWR/RRI GIZ.IIA BFAc City of Virginia Beach bq�s 9 Off. Of BUR NAZ'o� Cal"Cash"Jackson-Green VirginiaBeach.gov Councilmember MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE District 7 VIRGINIA BEACH,VA 23456-9000 CELL:(757)629-8792 CJACKSONGREENOVBGOV COM File No. 0097853 October 21, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. 1 am executing this written disclosure regarding the application of Ellmer Properties Bonney Road, LLC for a conditional use permit for property owned by Bruce B. Mills Revocable Trust and Adams Outdoor Limited Partnership, and located at 3890, 3894, and 3898 Virginia Beach Boulevard. 2. Ellmer Properties Bonney Road, LLC ("Ellmer Properties") is an affiliated entity of Priority Automotive Virginia Beach, Inc. ("Priority"). Ellmer Properties is located at 3909 Virginia Beach Boulevard, Virginia Beach, Virginia 23452. 3. 1 am a former employee of Priority. 4. 1 hereby disclose this interest, and I will abstain from participating in the City Council's consideration of this item. Mrs. Amanda Barnes 2 October 21, 2025 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Cal "Cash" Jac n-Green Councilmember CJG/RRI Vir-ginia-Beach-Boulevard__-- n L �I 011 I� 'o B'2 B2 2 B B2 _ B2 e or Road Bonny Bonney Road 12 R7.5 N ® Site w�� e Property Polygons Ellmer Properties Bonney Road LLC Zoning 38901 3894, & 3898 Virginia Beach Boulevard Building Feet 0 1530 60 90 120 150 180 51 ITEM— V M.4 PLANNING ITEM#77687 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED WITHDRAWAL, BY CONSENT, Application of BRADLEY& NETTIE KAIN for a Conditional Use Permit re residential Kennel at 405 Kings Point Court DISTRICT 3 (Deferred from August 19, 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 October 21, 2025 52 ITEM— V.M5 PLANNING ITEM#77688 The following registered to speak.- Greg Schmidt(Agent for applicant) 4525 Main Street, Suite 1000, Phone: 355-6686, spoke in SUPPORT Michael Ireland(Applicant) 2009 Hudume Way, Phone:230-5629, spoke in SUPPORT Mike Wislowski, 3120 Gallahad Drive, Phone: 703-867-3546, spoke in SUPPORT Bruce Biddle, 3132 Gallahad Drive, Phone: 550-9782, spoke in OPPOSITION After City Council discussion, Council Member Henley made a motion to DENY,Application ofASCREAL ESTATE,LLC(MARGARET SHAIA/CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Conditional Use Permit re bulk storage yard at 2008 Hudome Way DISTRICT 2 As there was no second,the motion FAILED Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,AS AMENDED,Application of ASC REAL ESTATE,LLC(11IARGARET SHAIA /CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Conditional Use Permit re bulk storage yard at 2008 Hudome Way DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ASC REAL ESTATE, LLC (AIARGARET SHAM /CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Conditional Use Permit re bulk storage yard at 2008 Hudome Way(GPIN 1494086398)DISTRICT 2 The following conditions shall be required: 1. The outdoor storage area shall be fenced and screened as depicted on the Site Plan entitled, "Acoustical Sheet Metal Phase 4—Useable Acreage Exhibit", dated[begin strikethrough] 'ugust 4 "" [end strikethrough]September 23, 2025,prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Should outdoor lighting be installed within the Bulk Storage Yard area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval.All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises,said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. October 21, 2025 53 ITEM— i!M.5 PLANNING ITEM#77688 (Continued) 3. A final subdivision plat must be submitted for review, approval, and recordation for the lots being created. 4. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 5. The bulk storage operation be contingent upon commencement of construction of the building. 6. The application shall include the construction of a shared use path conforming to the City of Virginia Beach Public Works Design Standards Manual that shall be no less than eleven (11)feet wide and landscaped accordingly to be approved by the Department of Parks and Recreation staff. This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21' day of October Two Thousand Twenty Five. 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 October 21, 2025 r" r v CFss A�j�ti� CFSSq titi FSSq SRO Nti F� I� o I'I Ate y 03 ® Site N ED zoning ASC Real Estate LLC (Margaret Shaia) V,*1.- 17 Property Polygons 2008 Hudome Way Feet 0 65 130 260 390 520 Map created by Planning Department on 9/16/2025 54 ITEM— V M.6 PLANNING ITEM#77689 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of 5073 VIRGINIA BEACH BLVD LLC for a Conditional Use Permit re automobile repair garage&Conditional Use Permit re motor vehicle sales and rentals at 245 Pennsylvania Avenue DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 5073 VIRGINIA BEACH BLVD LLC for a Conditional Use Permit re automobile repair garage& Conditional Use Permit re motor vehicle sales and rentals at 245 Pennsylvania Avenue (GPIN 1467859351)DISTRICT 4 The following conditions shall be required: Conditional Use Permit(Automobile Repair Garage): 1. This Conditional Use Permit shall expire after five (5)years from the date of City Council action. To continue the Automobile Repair Garage use after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance to the Site Plan entitled, "CUP Exhibit", dated July 24, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed and maintained around the perimeter of the site and shall be maintained for the duration of the use as an Automobile Repair Garage. 5. Should outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval.All outdoor lights shall comply with the following: 6. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. 7. Lighting fixtures shall not be erected any higher than fourteen (14)feet. 8. No vehicles in an obvious state of disrepair shall be parked on Pennsylvania Avenue or Admiral Wright Road. October 21, 2025 JJ ITEM— V.M.6 PLANNING ITEM#77689 (Continued) 9. No outside storage or display of equipment,parts, tires, merchandise, or materials shall be permitted on the site. 10. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 11. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs that are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. Conditional Use Permit(Motor Vehicle Sales and Rentals): 1. This Conditional Use Permit shall expire after five (5)years from the date of City Council action. To continue the Motor Vehicle Sales and Rentals use after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be limited to 9:00 a.in. to 6:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance to the Site Plan entitled, "CUP Exhibit", dated July 24, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed and maintained around the perimeter of the site and shall be maintained for the duration of the Motor Vehicle Sales and Rentals use. 5. Should outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval.All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. October 21, 2025 56 ITEM— VM.6 PLANNING ITEM#77689 (Continued) 7. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs that are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21' day of October 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 October 21, 2025 FG c��o k W Q W W Q N w Z B2 Q BZ � Z Z W G. i f i ADMIRAL WRIGHT RD ® Site N ® Zoning 5073 Virginia Beach Blvd. LLC WE 0 Property Polygons 245 Pennsylvania Avenue S Feet 0 15 30 60 90 120 Map created by Planning Department on 9/16/2025 57 ITEM— V.N APPOINTMENTS ITEM#77690 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION DEFERRED COMPENSATIONBOARD HEALTH SERVICES ADVISORYBOARD INDEPENDENT CITIZENREVIEW BOARD PUBLIC LIBRARYBOARD VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD October 21, 2025 58 ITEM— V L APPOINTMENTS ITEM#77691 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DONALD KRUDOP Three year term 1012112025—913012028 ACTIVE TRANSPOR TA TION 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: None October 21, 2025 59 ITEM— V.L APPOINTMENTS ITEM#77692 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: JOHN CROMWELL JASONDAWLEY Four year term 101112025-913012029 AGRICULTURAL 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: None October 21, 2025 60 ITEM— V.L APPOINTMENTS ITEM#77693 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: BURRELL SAUNDERS Unexpired term thru 613012026 Plus three year term 71112026—613012029 And REAPPOINTED: MORGANAYERS Three year term 121112025—1113 012028 BAYFRONT 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: None October 21, 2025 61 ITEM— V L APPOINTMENTS ITEM#77694 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: SALVATORE MQUINTO (Circuit Court Judge) Unexpired term thru 313112026 Plus four year term 41112026—313112030 COMMUNITY CRIMINAL JUSTICE 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 October 21, 2025 62 ITEM— V.L APPOINTMENTS ITEM#77695 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: MICHAEL HARRIS Unexpired term thru 813112026 Plus four year term 91112026—813112030 DEVELOPMENT A UTHORITY 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 October 21, 2025 63 ITEM— i!L APPOINTMENTS ITEM#77696 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: NEENA MOORJANI (District 10) Unexpired term thru 212812027 PLANNING 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 October 21, 2025 64 ITEM— i!L APPOINTMENTS ITEM#77697 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: KAI O'NEAL (Student Member) Student term 1012112025—613012026 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 October 21, 2025 65 ITEM— V L APPOINTMENTS ITEM#77698 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: KYLIE SMITH KAYDYNISMAIL (Student Members) Student term 1012112025—613012026 TRANSITIONAREA/INTERFACILITY TRAFFICAREA CITIZENS 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 October 21, 2025 66 ITEM— V.L APPOINTMENTS ITEM#77699 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: TRAVIS CHICK (Citizen) Two year term 1012112025—913012027 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 October 21, 2025 67 ADJOURNMENT ITEM#77700 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 7:29 P.M. Terri H. Chelius Chief Deputy Ci lerk —W�4 Amanda bar' es', MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia October 21, 2025