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HomeMy WebLinkAboutNOVEMBER 18, 2025 FORMAL SESSION MINUTES �^�G�p11A BEAc1 ro 'FS Op O i NX11ON`4 VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia NOVEMBER 18,2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, November 18, 2025, at 2:15 P.M. Council Members Present: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi 2 CITY CO UNCIL'S BRIEFINGS FY2024-25 VIRGINIA BEACH CITY PUBLIC SCHOOL REVERSION FUNDING ITEM#77719 2:16 P.M. Mayor Dyer welcomed Crystal Pate, Chief Financial Officer — VBCPS. Ms. Pate expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Pate for the presentation. November 18, 2025 N 4. VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE FY 2024/25 Reversion and Revenue SharingFormula Reconciliation City Council's Briefings November 18, 2025 Office of Budget Development V I R G I N I A B E A C H Ci T Y P U B L I C S C H O O L S Timeline of Revenue Awareness : From forecast Z to over performance ( ` December 2024 ( April 2025 June/July 2025 September 2025 Governor's 2024/2026 Federal revenue reported State Calc tool finalized. City Finance notified amended budget was ; over budget on Interims, ; Final state/state sales tax Business of the Revenue released due to impact aid payments received Sharing Formula true-up payments Federal and Other revenue over budget on Interims, General Assembly approved ; due to impact aid payments City/ Schools Finance amended budget and propane bus rebates teams close FY 2024/25 March 2025 May 2025 August 2025 i V I R G I N I A B E A C H C I T Y P U B L I C S C H O O L S Breakdown of FY 2024/25 Reversion Funds 3 =1;=1 ON" • 1 '` School Operating fund reversion* $21,077,524 August 2025 the .. budget Unexpended debt service $5,628,593 Federal revenue over budget $2,757,339 April 2025 State revenue over budget $4,7161886 Sales tax over budget $2 764 652 June/duly 2025 Other revenues over budget $414,945 May 2025 Athletics fund reversion $390,779 Green Run Collegiate fund reversion $343,862 August 2025 Total FY 2024/25 Reversion Funds $38,094,580 *Excludes debt service and revenues over/under budget -- V I R G IN IA B E A C H C I T Y P U B L I C S C H 0 0 L S — Revenue Sharing Formula Reconciliation a ■ Per the Revenue Sharing Formula, if actual local tax revenues exceed the budgeted local tax revenues, the School Board may request that such funds be appropriated at the same time as the appropriation of reversion funds ■ FY 2024/25 city revenues outperformed the budget ■ The Revenue Sharing Formula true-up is $7,464,613 V I R G I N I A B E A C H C I T Y P U B L I C S C H O O L S Net Available for Reappropriation 5 Description j�, Total FY 2024/25 Reversion Funds $38,094,580 FY 2024/25 City Revenue Sharing Formula True-up $7,464,613 Net Available for Reappropriation $45,559,193 V I R G I N I A B E A C H C I T Y P U B L I C S C H O O L S Proposed Spending Plan Amount available for reappropriation $45,559,193 Capital Improvement Program $38,559,193 $7,000,000 PAYGO funding for project 1-015 Princess Anne High School Replacement ($23,628,593) PAYGO funding for project 1-030 Payroll System Replacement ($4,430,600) School Reserve fund for use in the FY2026/27 CIP ($10,500,000) Jericho Road Demolition (project 1-020 Renovations $1,200,000 $5,800,000 and Replacements — Various — Phase III) Health Insurance Fund $5,800,000 $0 V I R G I N I A B E A C H C I T Y P U B L I C S C H O O L uestions om ments/Discussion ry V I R G I N I A B E A C H C I T Y P U B L I C S C H O O L S 3 CITY COUNCILS BRIEFINGS STORMWA TER MANAGEMENTIMPLEMENTATIONADVISORY GROUP UPDATE ITEM#77720 2:37 P.M. Mayor Dyer welcomed Chris Pocta, Chair, Carol Considine, Vice-Chair and Julie Brenman, Chief Operating Officer — Fountainworks. Mr. Pocta expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr.Pocta,Ms. Considine and Ms.Brenman for the presentation. November 18, 2025 77 Stormwater Management Im plementation Adv i or Gr City Council Presentation n Christopher Pocta, Chair, Stormwater Manageme� , Implementation Advisory Group t ,: 41- November 18, 2025 r 3 n � i �F t •� R i : > h The City Council passed a resolution to establish a Stormwater Management Implementation Advisory Group to: Review stormwater management & its impact and consequences on land use & redevelopment issues Identify opportunities, advantages, or disadvantages to strengthening regulation alignment and specificity based on the City's varied drainage basins, and a property's land use & zoning characteristics Formalize a cost-sharing program relative to stormwater infrastructure and policyto include developing criteria for cost-sharing eligibility Determine whether there are opportunities to advance/incentivize Council-adopted policy and/or planning objectives through stormwater management, such as: • affordable housing • utilization of nature-based strategic and resilient approaches to redevelopment in: • preservation and enhancement stormwater management practices • Strategic Growth Areas of tree canopy and open spaces • implementation of regional • areas less at-risk of flooding and that do not abut • enhanced water quality stormwater solutions neighborhoods or environmental sensitive areas • more sidewalks and paved paths • other preferred land use approaches .,.. '2 Task Force Members • Christopher Pocta, Chair • Karen Forget • Carol Considine, Vice Chair • Michael Gerel • Jason Barney • Brad Martin • James "Rick" Boyles • Bryan Peeples • Richard "Tuck" Bowie • Mark Ricketts • David Dallman • John Zaszewski Non-voting members include George Alcaraz and Mike Mauch who served as Planning Commission liaison and two high school students, James "Tanis" Elam and Gavin Gerling. Councilmembers Barbara Henley and Joash Schulman served as City Council liaisons. 3 City Staff Supporting the Task Force Representatives from the Department of Public Works, Planning Department, Department of Economic Development, the City Manager's office, and the City Attorney's office participated as subject matter experts and advisors, including: • LJ Hansen Amanda Madson Amanda Jarratt • Toni Utterback Charlotte Taylor • Pam Matthias • Seth Edwards Kathy Warren • Emily Archer • Michael Tippin Carrie Bookholt • Tori Eisenberg • Janette Logan Melanie Coffey A neutral facilitator convened the meetings and provided support to the Task Force in developing recommendations. The Taskforce met 6 times between May and September 2025 for a total of 26 hours. 4, Stor water Management Advisory Group Schedule : Process • May 2 May 30 June 20 July 18 Aug 29 Sept19 Nov 18 Kickoff Clarify Refine Preliminary Finalize Final Review City Council Meeting Vision Key Ideas Recommendations Recommendations & Vote Presentation Human Centered The Advisory Group employed human centered design in their approach and considered the issue from the perspective of several personas, including: Residents Environmental/ Development City Stormwater Resilience Community Staff Community Vision Create a more efficient, effective, and Reduce negative impact of stormwater well-understood program and flooding • A more flexible and practical program Content stakeholders • Prioritize communication, education, and understanding Protect and preserve Virginia Beach's • Look for opportunities to strengthen alignment to other, related ordinances future • Use stormwater management to meet City Council priorities and objectives Support economic vitality Prioritize redevelopment • Continue to (re)develop while • Align (re)development with considering and protecting Virginia environmental needs Beach's unique reality kb x 7 Recommendations Overview After extensive education and support from staff subject matter experts, deliberation, and collaboration amongst the Advisory Group members, the Advisory Group reached unanimous consensus on every recommendation, atestament to our shared commitment to the future of our City. These recommendations reflect a broad and unified vision, and we believe they provide a clear and actionable path forward. .. 8 Recommendations Overview The City of Virginia Beach has unique stormwater challenges and needs from other Virginia localities and therefore requires regulations capable of meeting those unique challenges and needs. The Advisory Group supports predictable processes and simultaneously recognizes we need sufficiently strict regulations to reduce flooding, protect water quality, support economic vitality, protect against loss of life and property, and to create a resilient City. Recommendations Overview Objective 1: Stormwater Management, Land Use, and Redevelopment • Regional BMPs (Best Management Practices) • Facilitate Redevelopment • Holistic Stormwater Approach Reco me Overview Objective 2: Drainage Basins, Land Use, and Zoning Characteristics • No Regional Drainage Basin Changes • Public and Developer Education • Align Land Use and Zoning Ordinances Recommendations Overview Objective 3: Stormwater Cost-Share Program • Develop aCost-Share Program • Ensure sufficient funding and access � `=' 12 Recommendations Overview Objective 4: Incentivizing Council Policy and Planning Priorities • Incentives plillillill 13 Objective 1 : Stormwater Management, Land Use , and Redevelopment A. Encourage and increase investment in regional stormwater solutions 1. Invest more heavily into regional BMPs 2. Considerations for regional BMP site selection 3. Considerations for regional BMP financial management and ownership 4. Explore best practices for quantity trading and stormwater cooperative programs B. Facilitate redevelopment 1. Review existing codes and regulations for alignment with redevelopment goals 2. Explore incorporating a redevelopment ordinance 3. Predictability of project viability 4. Continue dialogue between City and development community c. Continue to tell the story of sustainable practices 1. Continue and intensify the City's holistic and sustainable stormwater approach 2. Encourage integration of stormwater practices early in design processes 14 Objective 2: Drainage Basins Land Use and Zoning Characteristics A. Do not create additional regional stormwater ordinances 1. Regional stormwater regulations overcomplicate enforcement and development 2. Review existing stormwater ordinances to ensure they align with current City goals and practices B. Increase public education on City's drainage basins and the impact of stormwater 1. Increase education on drainage basins 2. Update the Virginia Beach Recurrent Flooding Indicator Map c. Align land use and zoning ordinances to encourage redevelopment and preservation where appropriate 1. Land use and zoning requirements should specifically articulate the parts of the City where it is appropriate for increased density and redevelopment 2. Tradeoffs for preservation of agricultural and undeveloped land 3. More density and redevelopment of underutilized developed properties ` ' ' 15 ObjJective 3: Stormwater Cost-Share Program A. Create cost-share program criteria that meet stormwater requirements and prioritize the needs of the City 1. City staff should establish criteria for eligible projects. The cost-share program should only fund projects proportional to a project's benefit to the public. Eligible projects must include a public component and must surpass the minimum stormwater requirements for the site. B. Ensure the cost-share program is accessible, well known, and sufficiently funded 1. Create a defined program process. 2. Create awareness of the program. , r= 16 Project has a public component and enhances/upgrades existing public stormwater Yes infrastructure. Funding should be proportional to the benefit to the public. 0 The project must surpass the minimum stormwater requirements for the site. Yes Project includes green stormwater infrastructure that offers defined co-benefits to High _ the community (e.g., tree canopy/open space requirements, offsite flood management, public amenities, bioswales, pervious pavement, wetland benches, etc.). • Project is in an area of high flooding. High • Project is in an area with higher development/density. High Project addresses identified City need and/or priority (e.g., watershed priority High areas, project creates attainable housing). Project is in a targeted area (e.g., an SGA or other area targeted for High redevelopment). Project is a regional BMP. High Project is more cost-effective for the City High Project is more time-effective for the City High Project is redevelopment. Project preserves and/or enhances the landscape, greenspace, tree canopy, and/or open space above what is already required by the minimum code. Project reduces runoff, addresses existing stormwater problem, or mitigates or prevents a future stormwater problem. Project complies with all City permits and other requirements. Project can be completed within a reasonable time frame and with limited disruption to the neighborhood or district. Project handles a specified minimum stormwater volume criterion. 17 Objective 4: IncentivizingCouncil Policyand � Planning Priorities A. Incentivize Council priorities that align with the City's stormwater needs 1. Potential incentives include parking reduction credits, financial incentives, and flexibility in design standards in flood volume storage. 2. The advisory group identified potential scenarios for these incentives. 3. Offer housing density credits to incentivize creating attainable housing and responsible stormwater management practices. 4. Expand the existing Water Quality Education, Outreach, and Stormwater Management program. 5. Explore regulations for quantity-only stormwater management facilities. 6. The advisory group identified additional ways to incentivize specific council priorities. 18 Recommendation to Council • Virginia Beach has been proactive in its stormwater regulations. • Virginia Beach has stormwater challenges and needs unique from other Virginia localities and therefore requires regulations capable of meeting those unique challenges and needs. • SWAG supports predictable processes and simultaneously recognizes the City needs sufficiently strict regulations to reduce flooding, protect water quality, support economic vitality, protect against loss of life and property, and to create a resilient City. • We urge the Council to adopt our recommendations. 19 'sS Stormwater Advisory Group Questions from City Council CITY OF VIRGINIA BEACH 20 4 CITY COUNCIL LL4ISONREPORTS ITEM#77721 3:24 P.M. Council Member Rouse advised on November I", the Clean Community Commission (CCC)held their first clothing swap event at Ocean Lakes High School and had such a successful turnout, they will be holding another one in the spring. Council Member Rouse explained parents were able to swap out the clothing their children had outgrown without having to purchase anything, applauding the CCC for their efforts and providing a great example of sustainability and eliminating waste. Council Member Rouse also commended the CCC for forming their Student Leadership Sub-Committee and enjoyed attending their recent meeting. Council Member Rouse advised the students will look at ways to incorporate sustainability practices not only at home but in their school curriculum as well. November 18, 2025 5 CITY COUNCIL LMISON REPORTS ITEM#77722 (Continued) Council Member Rouse advised the Holiday Lights at the Beach Bike Night was held last weekend and has become such a known event that some of her best friends came from Suffolk to ride their bikes on the Boardwalk. Council Member Rouse expressed her appreciation to the Active Transportation Advisory Committee (ATAC)for organizing the event and Beach Events, Resort Advisory Commission, Police and Resort Management for all of their support. November 18, 2025 6 CITY COUNCIL LL4ISONREPORTS ITEM#77723 (Continued) Council Member Rouse advised she attended the Minority Business Council Fall Conference and Expo on November 6`"and believes it is an incredible opportunity for Small, Women and Minority owned businesses (SWAAV to learn how they can partner with the City, win contracts and scale up their businesses. Council Member Rouse expressed her appreciation to the MBC for organizing the event. November 18, 2025 7 CITY COUNCIL LIAISON REPORTS ITEM#77724 (Continued) Council Member Ross-Hammond advised she attended the 250th Commemoration of the Skirmish at Kemp Landing last weekend and enjoyed learning so much history and taking a picture with "Lord Dunmore". November 18, 2025 8 CITY COUNCIL LIAISON REPORTS ITEM#77725 (Continued) Vice Mayor Wilson provided the following comments: - Attended the reopening ceremony of the recently restored Francis Land House on November 6'h and encouraged everyone to visit and see the incredible job that has been done to transform the house. Vice Mayor Wilson expressed her appreciation to the Friends of the Historic Houses who made a significant contribution by donating all the chandeliers, wall sconces, and the expensive floorcloths. - Advised many residents devote years of volunteer service on the City's Appointive Agencies and suggested providing certificates of appreciation to members when they conclude their service. - Advised the Atlantic Avenue Task Force had their final meeting recently and the Members worked hard by considering many ideas to reach a good consensus. Vice Mayor Wilson expressed her appreciation to City Manager Duhaney for bringing in Fountain Works, who did a great job effectively facilitating the process. Vice Mayor Wilson advised the Task Force will present their recommendations to City Council on January 6`"and is hopeful the Body will be pleased with the Task Forces work and recommendations. Vice Mayor Wilson invited Council Member Remick to provide additional comments. Council Member Remick advised that,similar to the Stormwater Task Force, the Atlantic Avenue Task Force has been very helpful in providing recommendations, especially since the project involves many stakeholders with differing views. Council Member Remick reminded the Body that the original $48- Million budgeted for Atlantic Avenue rose to $116-Million, which prompted the creation of the Mayoral Task Force and expects the Task Forces recommendations to fall below the original$48-Million. Council Member Remick believes the cost will likely be in the mid to upper $30-Million range and will still successfully improve the corridor along with the code enforcement initiatives underway along Atlantic Avenue. November 18, 2025 9 CITY COUNCIL DISCUSSIONIINITWIVES/COMMENTS ITEM#77726 3:29 P.M. Council Member Jackson-Green advised last weekend he attended the soft-opening of Level Green Park with Mayor Dyer and Parks and Recreation Director Kirschman and highlighted that the park features one of the City's first splash pads. Council Member Jackson-Green advised there will be a formal grand opening ceremony in May 2026 with events to celebrate all of the park's new amenities. Council Member Jackson-Green further advised that his Legislative Aide, PJ Caalim, is attending an event today, on his behalf, at the Filipino Cultural Center where the Filipino American Veterans of Hampton Roads are providing meals for more than 100 disabled veterans and expressed his gratitude for the organizations in the City who provide support in the community. November 18, 2025 10 CITY COUNCIL DISCUSSIONIINITL4TIVESI COMMENTS ITEM#77727 (Continued) Council Member Schulman advised on Saturday, he was honored to speak at the 10`"Anniversary of Black Diamond Weekend event, presented by Black BRAND and hosted by the Hampton Roads Convention Center. Council Member Schulman advised it was amazing to see speakers from across the country discussing the creative economy and the importance of ensuring opportunities for all. Council Member Schulman advised he was proud to share examples of the creative collaboration the City has with the HIVE and the ViBe Creative District. Council Member Schulman congratulated Black BRAND on ten(10)years of bringing people together to elevate entrepreneurs and creatives, and to Blair Durham, who is one of the transformational figures in this Region. Council Member Schulman advised he will host a District 9 Town Hall Meeting on December P from 6:00 — 8:00 P.M. at the Bayside Recreation Center. Council Member Schulman advised he will provide information on how the entire City benefits from the Resort Area and tourism, the new Community Arts Grants Program and upcoming Bayfront traffic safety improvements. November 18, 2025 11 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77728 (Continued) Council Member Henley advised the annual Plow Day event was held two (2) weeks ago in the southern part of the City, emphasizing the importance of recognizing agriculture as a true industry. Council Member Henley explained Plow Day is the culmination of the year's crop and how farmers begin preparing the fields for the next season and showing how the land is actively being used and should not be viewed as land waiting to be developed. Council Member Henley expressed her hope to see more City leadership attend next year. Council Member Remick advised that the southern part of the City is the reason he moved here as he came to the City from an agricultural area and appreciates every part of the City, recognizing how agriculture is a key component to the economy. November 18, 2025 12 CITY COUNCIL DISCUSSIONIINITL4TIVESI COMMENTS ITEM#77729 (Continued) Council Member Remick advised he attended several historic events that tookplace last weekend, including the Skirmish at Kemp's Landing during the Revolutionary War that was organized by the Virginia Beach VA250 Committee Members and Staff,followed with the "Competing Freedoms: Hampton Roads at the Start of the American Revolution"Symposium at the Slover Library in Norfolk and then a special tour took place at the Adam Keeling House. Council Member Remick explained a descendant of a slave freed by Adam Keeling during the Revolutionary War came from Canada to tour the home and was the first time anyone from the family has visited. Council Member Remick also visited the Francis Land House and commended Emily Labows, Monica Crosky, the Francis Land House and the Body for supporting needed investments there. November 18, 2025 13 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#77730 (Continued) Council Member Remick advised Bob Pizini, owner of with iFLYon Pacific Avenue,spoke to him regarding his alternative compliance application for a parking lot he would like to convert and requested City Council to expedite his application so that it can be considered by the Planning Commission and City Council within the same month. November 18, 2025 14 CITY COUNCIL DISCUSSION/INITIATIVES 1 COMMENTS ITEM#77731 (Continued) Mayor Dyer emphasized that the City is truly defined by the remarkable people who consistently contribute to the community, recognizing Anthony Williams, who was the keynote speaker at the Minority Business Council Expo and the members of the Stormwater Management Implementation Advisory Group who presented their recommendations today as great examples. Mayor Dyer also recognized Jay Archbell's annual "Kidz Kruz"event, explaining every year he rents several buses to gather underprivileged children in Chesapeake and gives them a$50.00 voucher to shop at Walmart, then buses them to the Oceanfront to experience "Holiday Lights at the Beach". Mayor Dyer advised over the years he has included Virginia Beach schools too which shows the spirit of cooperation between cities. Mayor Dyer also mentioned how successful the Parks After Dark Program has been and will be expanding to Level Green Park soon. November 18, 2025 15 AGENDA REVIEW SESSION ITEM#77732 3:45 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS: 1. 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 Version)any application that creates a more intense use than current the then-current approval for such property ALTERNATIVE 2: (REVISION 1) any application to rezone property to a high density or a more intense zoning district ALTERNATIVE 3: (REVISION 2) any application to rezone property to a high density or a more intense zoning district and to require a public hearing and findings prior to extending water and sewer utilities south of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Agreement for up to five (5) years with T-Mobile Northeast,LLCfor City-owned property at the 31s`Street Parking Garage re five(5)parking spaces 3. Ordinance to DECLARE City-owned property located on Barrs Road in Burton Station in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into an Agreement for the exchange of property re a future pump station owned by Air Rail Properties,LLC 4. Ordinance to RENEW a franchise granted to Cox Communications Hampton Roads, LLC re construct, operate and maintain a cable system in the City 5. Resolution to JOIN the Voters in support of a Charter Amendment to reflect a 10-1 Method of Elections for Members of the City Council (Requested by Mayor Dyer and Council Members Cummings, Hutcheson, Remick, Ross-Hammond, Rouse, and Schulman) 6. Resolution to DESIGNATE Kings Grant Road in honor of Jeremiah A. Denton, Jr. (Requested by City Council) 7. Resolution to NAME the 20 Street Stage as the "Robert N. `Bobby'Melatti Stage" (Requested by Mayor Dyer, Vice-Mayor, And Council Members Berlucchi, Cummings, Henley, Hutcheson, Jackson-Green, Remick, Ross-Hammond and Schulman) 8. Resolution to APPROVE the Modification of a Construction Contract re the Bow Creek Stormwater Park—Section I November 18, 2025 16 AGENDA REVIEW SESSION ITEM#77732 (Continued) 9. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Harbor Canal re maintain an existing timber bulkhead,pier and deck, and to construct and maintain a timber pier addition,four(4)timber pile aluminum boat lift,and an EZ dock jet ski float located at the rear of 2361 Leeward Shore Drive DISTRICT 8 10. Ordinance to CONVERT three (3) part-time positions to one (1)full-time paramedic position within the FY2025-26 Department of Emergency Medical Services (EMS) Operating Budget 11. Ordinance to APPROPRIATE $415,000 from the Fund Balance of the Police Federal & State Seized Assets Special Revenue Fund to the FY2025-26 Police Department Operating Budget re police equipment and training 12. Ordinance to APPROPRIATE $41,708 in private dredging revenue to Capital Project #100210 "Hurd' Cove Neighborhood Dredging"re access basin dredging agreements 13. Ordinance to ACCEPT and APPROPRIATE$54,350 from the Virginia Department of Emergency Management to the FY2025-26 Department of Emergency Management Operating Budget re cover the remaining expenses associated with the Flood Mitigation Assistance 2019 Elevation Project 14. Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Housing and Community Development to the FY2025-26 Department of Housing and Neighborhood Preservation re support Continuum of Care Programs 15. Ordinance to ACCEPT and Appropriate$4,000 from the Department of Motor Vehicles(DMT) to the FY2025-26 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime, training and equipment expenses related to DUI enforcement J. ORDINANCES/RESOLUTIONS: ITEM#1,ALTERNATIVE 3: (REVISION 2) WILL BE CONSIDERED ITEM#5 WILL BE CONSIDERED SEPARATELY November 18, 2025 17 AGENDA REVIEW SESSION ITEM#77732 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENTAGENDA: K. PLANNING: 1. JON M. NUCKOLS for a Change in Nonconforming re expansion to an existing single-family dwelling at 1029 Hillview Boulevard DISTRICT 1 2. AMANDA LINHART/JANE R. & WINTHROPA. SHORT,JR for a Change in Nonconforming re expansion to an existing single-family dwelling at 203 75`"Street DISTRICT 6 3. CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re cemetery for two (2)parcels directly east of 3168 Indian River Road DISTRICT 2 4. C4-FS,LLC,for a Modification of Conditions to a Conditional Use permit re mini-warehouse at 772 Lord Dunmore Drive DISTRICT 3 5. WAVE CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1000 North Great Neck Road DISTRICT 8 6. BRIKEL, LLC/ALTON NEAL EDWARD, JR. & ET AL for a Conditional Change of Zoning from R-7.5 Residential District to Conditional A-12 Apartment District re construction of seven (7) condominium units at 2421 Pleasure House Road DISTRICT 9 7. GREEN CLEAN HOLDINGS, LLC - JOE BERTUCCI / GRANITE PEAK PROPERTY INVESTMENT LP&NG20 LP for a Conditional Use Permit re car wash facility at 1373 North Great Neck Road DISTRICT 8 8. SMALL CIRCLE TATTOO/ VISCORP for a Conditional Use Permit re tattoo parlor at 979 Chimney Hill Shopping Center Unit 103 DISTRICT 10 9. BESSEM O. & MUKONG ADESO for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Suite 1002 DISTRICT 5 November 18, 2025 18 ITEM#77733 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 • Election System PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(29) • Project Prodigal Son • 19`"&Parks RFP PUBLICLY-HELD PROPERTY.• Discussion or consideration of the acquisition of real property for public purpose;or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3 711(A)(3). • District 6 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- 3711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees November 18, 2025 19 ITEM#77733 (Continued) Upon motion by Council Member Rouse, seconded by Council Member Jackson-Green, City Council voted to proceed into CLOSED SESSION at 3:54 P.M. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi Break 3:54 P.M. — 4:07 P.M. Closed Session 4:07 P.M. — 5:52 P.M. November 18, 2025 20 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL NOVEMBER 18,2025 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, November 18, 2025, at 6:00 P.M. Council Members Present: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N.Ross-Hammond,Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE 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 orpotential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a 'personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. 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 November 18, 2025 21 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. November 18, 2025 22 V.F CERTIFICATION ITEM#77734 Upon motion Council Member Jackson-Green,seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Micheal F. Berlucchi November 18, 2025 �L 04 Q S RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINU BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#77733 on Page 19 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Amanda acne , MMC City Clerk November 18, 2025 23 ITEM— VL G.1 MINUTES ITEM#77735 Upon motion by Council Member Remick, seconded by Council Member Schulman, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 21,2025 Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Micheal F. Berlucchi November 18, 2025 24 ITEM— VI.G.2 MINUTES ITEM#77736 Upon motion by Council Member Remick, seconded by Council Member Schulman, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of October 28,2025 Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Micheal F. Berlucchi November 18, 2025 25 ITEM— VI.H.1 PUBLIC HEARINGS ITEM#77737 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CHARTER AMENDMENT Land Use and Public System Approvals South of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) The following registered to speak.- John Moss, 4109 Richardson Road, Phone: 636-1534, offered additional amendments and if they were accepted, he would be in SUPPORT Sean Monteiro, 3817 Stumpy Lake Lane, Phone: 974-2951, did not respond Waverly Woods, 4001 Salem Terrace, Phone: 749-8266, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 18, 2025 26 ITEM— VI.H.2 PUBLIC HEARINGS ITEM#77738 Mayor Dyer DECLARED a PUBLIC HEARING: ORDINANCE TO PROVIDE COST OF LIVING INCREASES TO THE SALARIES OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL (Requested by Vice-Mayor Wilson and Council Members Hutcheson and Schulman) The following registered to speak.- John Moss, 4109 Richardson Road, Phone: 636-1534, spoke in OPPOSITION Katherine Howell, 5809 Coastal Point Drive, Phone: 817-524-5 73 7, spoke in OPPOSITION Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke in OPPOSITION Martha Thereault, 4311 Blackbeard Road, Phone:278-2808, spoke in OPPOSITION Waverly Woods, 4001 Salem Terrace, Phone: 749-8266, spoke in OPPOSITION Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in OPPOSITION Kim Mayo, 1408 Bradford Road, Phone: 450-3011, spoke in OPPOSITION Sally Ward, 701 Driskill Court, Phone: 407-274-3324, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 18, 2025 27 ITEM— VI.H.3 PUBLIC HEARINGS ITEM#77739 Mayor Dyer DECLARED a PUBLIC HEARING: FY2025-26 VIRGINL4 BEACH CITY P UBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM(CIP) AMENDMENTS Appropriation of Reversion Funding(Requested by the School Board) There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 18, 2025 28 ITEM— VI.H.4 PUBLIC HEARINGS ITEM#77740 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION, BYAGREEMENT OR CONDEMNATION Shore Drive Pedestrian Improvements Project, CIP 100383.001 There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 18, 2025 29 ITEM— VI.H.5 PUBLIC HEARINGS ITEM#77741 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY 912 Princess Anne Road to the Senior Resource Center, Inc. There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 18, 2025 30 ITEM— VI.I FORMAL SESSION AGENDA ITEM#77742 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: Kim Mayo, 1408 Bradford Road, Phone: 450-3011, spoke in OPPOSITION of Planning Item K.6 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions J. I ALTERNATIVE 3: (REVISION2)2,3,4, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 and Planning Items K. 1,2,3, 4, 5, 6, 7, 8 and 9 Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi J. ORDINANCES/RESOLUTIONS. ITEM#S WILL BE CONSIDERED SEPARATELY November 18, 2025 31 ITEM— VI.J.1 ORDINANCES/RESOLUTIONS ITEM#77743 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, 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 3: (REVISION 2) any application to rezone property to a high density or a more intense zoning district and to require a public hearing and findings prior to extending water and sewer utilities south of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 ALTERNATIVE 3 — REVISION 2 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 ADD SECTION 2.03 TO THE CITY CHARTER TO REQUIRE 3 A SUPER-MAJORITY VOTE TO REZONE PROPERTY TO A 4 HIGHER DENSITY OR A MORE INTENSE ZONING 5 DISTRICT SOUTH OF THE BLUE LINE AND TO REQUIRE 6 A PUBLIC HEARING AND FINDINGS PRIOR TO 7 EXTENDING WATER AND SEWER UTILITIES SOUTH OF 8 THE BLUE LINE 9 10 WHEREAS, the City Council received a briefing on a proposed Charter 11 Amendment at its September 23, 2025, Workshop; 12 13 WHEREAS, the Legislative Agenda request is attached hereto as Exhibit A, 14 Revision 2, 15 16 WHEREAS, after due advertisement, the City Council conducted a public hearing 17 on the proposed Charter Amendment at its October 7, 2025, Formal Session, a second 18 public hearing was held November 18, 2025; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The City Council hereby requests the General Assembly add Section 2.03 to the 24 City Charter to increase the vote threshold to rezone property to a higher density or a 25 more intense zoning district south of the Blue Line and to require a public hearing and 26 findings prior to extending water and sewer utilities south of the Blue Line. The attached 27 Exhibit A — Revision 2, which is incorporated herein, provides the requested text of such 28 amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day Of November , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: orney's Office CA16988 R-3 November 6, 2025 EXHIBIT A, REVISION 2 [* i t - 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 (a) As used in this section, the "blue line" shall be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No application to rezone property to a higher density or a more intense zoning district south of the blue line shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council. (c) No extension of public water and sanitary sewer ("public system") shall extend south of the blue line absent a public hearing conducted pursuant to Virginia Code 15.2-1427 and a finding by the City Council that: i. There is adequate capacity in the public system at the point of connection to accommodate the additional flow; ii. In the written opinion of the Virginia Department of Health, the existing on-site utilities are failing, or likely to fail, and there are no alternatives that would be approved and permitted by the Virginia Department of Health; 1 EXHIBIT A, REVISION 2 iii. The principal use of the property served by the existing on-site utilities is not changed; and iv. The extension is to serve (a)an existing development, (b)the reconstruction or expansion of an existing commercial development consistent with its zoning resulting in a total floor area no greater than double that of the development prior to the expansion or (c) the reconstruction or expansion of an existing residence by no more than 10% of existing floor area or residential development where no additional dwelling units are constructed. 2 32 ITEM— VLJ.2 ORDINANCES/RESOLUTIONS ITEM#77744 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Ordinance to A UTHORIZE the City Manager to EXECUTE a Lease Agreement for up to five (5)years with T-Mobile Northeast,LLC for City-owned property at the 31'Street Parking Garage re five (5)parking spaces Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS 3 WITH T-MOBILE NORTHEAST, LLC FOR 5 PARKING 4 SPACES AT THE 31ST STREET PARKING GARAGE 5 6 WHEREAS, the City of Virginia Beach (the "City") and the City of Virginia Beach 7 Development Authority jointly own the condominium known as the 31st Street Parking 8 Garage (GPINs: 2428-02-5017 and 2824-01-5951) (the "Parking Garage"); 9 10 WHEREAS, the 31st Street Parking Garage Condominium Owners Association 11 (the "Association") is responsible for administering the affairs of the Parking Garage; 12 13 WHEREAS, T-Mobile Northeast LLC, a Delaware limited liability company ("T- 14 Mobile") has been leasing 5 parking spaces (the "Premises") on the uppermost level of 15 the Parking Garage since August 1, 2018; 16 17 WHEREAS, T-Mobile is using the Premises for the purpose of installing and 18 maintaining antennas and radio equipment to enhance wireless communication in the 19 City; 20 21 WHEREAS, the current lease expires on November 30, 2025, and T-Mobile 22 desires to enter into a new lease agreement for the use of the Premises for an additional 23 five years; and 24 25 WHEREAS, City staff supports leasing the Premises for the stated purpose as the 26 services provided by T-Mobile will benefit the citizens of the City and will not adversely 27 affect the public's use of the Parking Garage. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager or his designee, as the Association's Executive Officer, is 33 hereby authorized to execute a lease for up to five (5) years between the Association 34 and T-Mobile for the Premises, in accordance with the Summary of Terms attached 35 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 36 modifications as may be acceptable to the City Manager and in a form deemed 37 satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of 40 November, 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney PYOWorksl Real Estate CA16743 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d006\p050\O 1078886.doc R-1 October 8, 2025 EXHIBIT A SUMMARY OF TERMS LESSOR: 31st Street Parking Garage Condominium Owners Association (Condominium Unit Owners: City of Virginia Beach and City of Virginia Beach Development Authority) LESSEE: T-Mobile Northeast LLC, a Delaware limited liability company, authorized to transact business in Virginia PREMISES: Five (5) parking spaces located on the uppermost deck of the 31 st Street Parking Garage (GPINs: 2428-02-5017 and 2824-01-5951) TERM: Five (5) years (December 1, 2025 — November 30, 2030) RENT: $20,700 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Lessee shall use Premises for maintenance of antennas and radio equipment, and for no other purpose. • Lessee shall comply with all federal, state and local statutes, ordinances and regulations currently in effect or subsequently adopted. • Lessee shall maintain commercial general liability insurance with limits not less than $1,000,000 combined single limit (CSL). • Lessee shall assume responsibility and liability for any loss or damage resulting from the use of the Premises and shall hold the Lessor harmless for such loss or damage and any related claims. TERMINATION: 0 Either party may terminate the lease by giving sixty (60) days' written notice. 33 ITEM— VI.J.3 ORDINANCESIRESOL UTIONS ITEM#77745 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE City-owned property located on Barrs Road in Burton Station in EXCESS of the Citys needs and AUTHORIZE the City Manager to enter into an Agreement for the exchange of property re a future pump station owned by Air Rail Properties,LLC Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick Dr. Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 AN ORDINANCE 1) DECLARING CITY PROPERTY 2 LOCATED ON BARRS ROAD IN BURTON STATION IN 3 EXCESS OF THE CITY'S NEEDS AND 2) AUTHORIZING 4 THE CITY MANAGER TO ENTER INTO AN AGREEMENT 5 FOR THE EXCHANGE OF PROPERTY NEEDED FOR A 6 FUTURE PUMP STATION OWNED BY AIR RAIL 7 PROPERTIES, LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") owns-3 parcels of land located 10 at 1229 Barrs Road (GPIN: 1459-71-2229), 1231 Barrs Road (GPIN: 1459-71-1387) 11 and 1249 Barrs Road (GPIN: 1459-71-3651) located in the Burton Station area of the 12 City (the "City Property"); 13 14 WHEREAS, Air Rail Properties, LLC, a Virginia limited liability company, or an 15 affiliated entity ("Air Rail") owns property located on Air Rail Avenue (GPIN: 1459-82- 16 0098) (the "Air Rail Property"); 17 18 WHEREAS, the City has identified approximately 10,000 sq. ft. of the Air Rail 19 Property needed for a future City pump station site (the "Exchange Parcel"); and 20 21 WHEREAS, the City and Air Rail desire to exchange the City Property for the 22 Exchange Parcel on the terms and conditions set forth in the Summary of Terms 23 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 1. That the City Property described herein is hereby declared to be in excess 29 of the needs of the City of Virginia Beach. 30 31 2. That the City Manager, or his designee, is hereby authorized to execute 32 any and all documents necessary for the conveyance of the City Property as 33 contemplated herein, so long as the documents are substantially in accordance with the 34 terms set forth on the Summary of Terms, attached hereto as Exhibit A, and 35 incorporated herein, and such other terms, conditions or modifications as may be 36 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day 39 of November 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney CA16755 \\vbgov.com\dfs 1\applications\cltylaw\cycom32\wpdocs\d01 Mp051\01055469.docx R-1 10/9/2025 EXHIBIT A SUMMARY OF TERMS EXCHANGE OF EXCESS CITY PROPERTY PARTIES: City of Virginia Beach ("City") and Air Rail Properties, LLC, a Virginia limited liability company, or an affiliated entity ("Air Rail"") CITY PROPERTY: 1229 Barrs Road (GPIN: 1459-71-2229) 1231 Barrs Road (GPIN: 1459-71-1387) 1249 Barrs Road (GPIN: 1459-71-3651) (Approx. 29,498 sq. ft. total) EXCHANGE PROPERTY: Approximately 10,000 sq. ft. of property owned by Air Rail, identified as GPIN: 1459-82-0098 and located in the 1300 block of Air Rail Avenue ("Air Rail Property") PROPERTY TO BE EXCHANGED: The City Property to be conveyed to Air Rail and the Air Rail Property to be conveyed to the City SALE PRICE: None DUE DILIGENCE: 60 days after execution of Exchange Agreement CLOSING: 90 days after execution of Exchange Agreement, or soon thereafter as all conditions are met, including recordation of the subdivision plat CONDITIONS OF EXCHANGE: • The properties to be exchanged will be conveyed "As-Is", free and clear of all liens and encumbrances. • City and Air Rail will each bear their own closing costs, attorney fees and lender fees (if applicable). • City will be responsible for the preparation and recordation of the subdivision plat to create the Exchange Parcel. 34 ITEM— VI.J.4 ORDINANCES/RESOLUTIONS ITEM#77746 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to RENEW a franchise granted to Cox Communications Hampton Roads, LLC re construct, operate and maintain a cable system in the City Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 AN ORDINANCE RENEWING A FRANCHISE GRANTED 2 TO COX COMMUNICATIONS HAMPTON ROADS, LLC 3 TO CONSTRUCT, OPEATE, AND MAINTAIN A CABLE 4 SYSTEM IN THE CITY OF VIRGINIA BEACH 5 6 WHEREAS, the City granted Cox Communications Hampton Roads, LLC ("Cox") 7 a cable television franchise agreement in 2006 ("Franchise"); and 8 9 WHEREAS, the Franchise expired in 2016, but the obligations of the Franchise 10 have continued by operation of law; and 11 12 WHEREAS, the City and Cox engaged in Franchise renewal discussions on 13 numerous occasions since 2016, but were unable to negotiate a new agreement due to 14 various factors; and 15 16 WHEREAS, negotiations recently resumed and the City and Cox have agreed 17 upon terms for a renewal franchise agreement ("Renewal Agreement"); and 18 19 WHEREAS, and term of the Renewal Agreement is ten (10) years with the option 20 for one (1) additional five (5) year extension; and 21 22 WHEREAS, the Renewal Agreement requires Cox to continue paying five percent 23 (5%) of Cox's gross revenue from the provision of cable service in exchange for the non- 24 exclusive right to use the City's streets and public rights-of-way to install cable facilities 25 and operate a cable television system; and 26 27 WHEREAS, the Renewal Agreement provides that Cox will continue to provide 28 certain in-kind services to the City, such as the provision of complementary cable 29 television services and digital cable boxes to City and School facilities; and 30 31 WHEREAS, the Renewal Agreement increases the Public, Educational, and 32 Governmental Access Channel ("PEG") fee from its current rate of $0.20 cents per 33 subscriber per month to $0.50 cents per subscriber per month; and 34 35 WHEREAS, the Renewal Agreement requires provision of the City's PEG channels 36 in high definition format; and 37 38 WHEREAS, the Renewal Agreement requires Cox to provide four new origination 39 points for PEG programming, which will allow the City to provide live programming from 40 the Virginia Beach Convention Center, the Emergency Operations Center, Economic 41 Development, and the Schools Administration building; and 42 43 WHEREAS, the Renewal Agreement includes the same consumer protection 44 provisions as the current Franchise; and 45 46 WHEREAS, City staff supports allowing Cox to use the City's streets and rights- 47 of-way for the aforesaid purposes, subject to the terms and conditions set forth in the 48 summary of terms, attached hereto as Exhibit A ("Summary of Terms"). 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 That the City Council hereby authorizes the City Manager to execute a Renewal 54 Franchise with Cox in accordance with the Summary of Terms, and such other terms, 55 conditions or modifications, as may be acceptable to the City Manager and in a form 56 deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th day Of November 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pam. UJ� A-%� ic-v.�,L,o L_--__ - Information Technology City Attorney's Offic CAI 6998 R-1 October 14, 2025 EXHIBIT A-SUMMARY OF TERMS COX FRANCHISE AGREEMENT ("RENEWAL AGREEMENT") Grantor: City of Virginia Beach ("City") Grantee: Cox Communications Hampton Roads, LLC ("Cox") Term: 10 years with the option for one additional 5-year renewal Location: Cox may construct, operate, and maintain a cable system within City's public streets and rights-of-way, subject to obtaining required permits from the City's Planning Department. Fee: City receives five percent (5%) of Cox's gross revenue from the provision of cable service Other Key Terms: 1. Increases the Public, Educational, and Governmental Access Channel ("PEG") fee from its current rate of $0.20 cents per subscriber per month to $0.50 cents per subscriber per month. 2. Cox to provide four new origination points for PEG programming, which will allow the City to provide live programming from the Virginia Beach Convention Center, the Emergency Operations Center, Economic Development, and the Schools Administration building. 3. City's PEG channels to be provided in high definition. 4. Renewal Agreement includes the same consumer protection provisions as the current franchise. 5. Cox will continue to provide certain in-kind services to the City, such as the provision of complementary cable television services and digital cable boxes to City and School facilities. 6. Renewal Agreement contains liquidated damages. Audit: City has right to audit Cox's books and records related to Renewal Agreement. Relocation/Removal: Upon expiration of term, City may require Cox to remove, at Cox's expense, all or any portion of the system from the streets and rights- of-way within the City. Reservation of City can require Cox to relocate Cox's facilities, at Cox's expense, if Street Rights: Cox facilities interfere with City construction, operation, maintenance, or repair of Public Works or public improvement projects. Insurance: Commercial General Liability: $2 Million per occurrence/$3 Million aggregate. Automobile Liability: $2 Million Surety Requirements: 1. $200,000 performance bond 2. $100,000 irrevocable letter of credit Indemnity: Cox shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. 35 ITEM— VI.J.S ORDINANCES/RESOLUTIONS ITEM#77747 The following registered to speak.- John Moss, 4109 Richardson Road, Phone: 636-1534, spoke in SUPPORT Janet Byrnes, 5461 Safe Harbor Way, Phone: 484-250-3877, spoke in SUPPORT Eddie Seay, 3500 Station Court#201, Phone:540-588-0464, spoke in SUPPORT Martha Thereault, 4311 Blackbeard Road, Phone:278-2808, spoke in SUPPORT Bernita Richardson, 5352 Garnett Pointe Court, Phone: 535-3343, spoke in SUPPORT Ella Dunbar, 2349 Poyner Lane, Phone: 463-9861, spoke in SUPPORT Sean Monteiro, 3817 Stumpy Lake Lane, Phone: 808-469-2700, spoke in SUPPORT Susan Feathers, 3367 Mackenzie Bay Lane, Phone: 520-400-4117, spoke in SUPPORT Dr. Eric Majette, 4237 Turnworth Arch, Phone: 729-7040, spoke in SUPPORT Georgia Allen, 4649 Merrimac Lane, Phone: 405-6240, spoke in SUPPORT Waverly Woods, 4001 Salem Terrace,Phone: 749-8266, spoke in SUPPORT Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke in SUPPORT Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in SUPPORT Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council ADOPTED Resolution to JOIN the Voters in support of a Charter Amendment to reflect a 10-1 Method of Elections for Members of the City Council(Requested by Mayor Dyer and Council Members Cummings, Hutcheson, Remick, Ross-Hammond, Rouse, and Schulman) Voting: 9- 0 Council Members Voting Aye: Stacy Cummings,Mayor Robert M. Dyer, David Hutcheson, Cal "Cash"Jackson- Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi Barbara M. Henley November 18, 2025 REQUESTED BY MAYOR DYER AND COUNCILMEMBERS CUMMINGS, HUTCHESON, REMICK, ROSS-HAMMOND, ROUSE, AND SCHULMAN 1 A RESOLUTION TO JOIN THE VOTERS IN 2 SUPPORT OF A CHARTER AMENDMENT TO 3 REFLECT A 10-1 METHOD OF ELECTIONS FOR 4 MEMBERS OF THE CITY COUNCIL 5 6 WHEREAS, on May 6, 2025, the City Council adopted a resolution calling for the 7 submission of a charter change question to the qualified voters of the City,- 8 9 WHEREAS, at the November 2025 election, the voters of the City answered the 10 referendum question in the affirmative with more than 53% of the votes in favor of the 11 charter amendment; 12 13 WHEREAS, by operation of law, the results of the referendum election are 14 transmitted to the City's General Assembly delegation; and 15 16 WHEREAS, it is the sense of the City Council that it is necessary and proper for 17 the Council to join its voice to that of the voters; 18 19 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 The City Council hereby joins the voters in support of the charter amendment to 23 reflect a 10-1 method of elections for members of the City Council and urges the 24 General Assembly and Governor to pass the charter amendment legislation. Adopted by the City Council of the City of Virginia Beach, Virginia, this 18 t h day of November , 2025. APPROVED AS TO LEGAL SUFFICIENCY: J yf City A orney's Office CA17016 R-1 November 10, 2025 36 ITEM— VI.J.6 ORDINANCES/RESOLUTIONS ITEM#77748 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Resolution to DESIGNATE Kings Grant Road in honor of Jeremiah A.Denton,Jr. (Requested by City Council) Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua E `Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi *After adoption, City Council welcomed members of the Denton family and presented them with an honorary street sign, "Admiral Jeremiah Denton"and ceremonial Resolution. November 18, 2025 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION DESIGNATING KINGS GRANT ROAD IN 2 HONOR OF JEREMIAH DENTON, JR. 3 4 WHEREAS, Jeremiah Denton, Jr. was a distinguished graduate of the wartime- 5 accelerated Class of 1947 at the United States Naval Academy, graduating in June 6 1946 alongside notable classmates including future President Jimmy Carter, Admiral 7 Stansfield Turner, and Admiral James Stockdale; 8 9 WEHREAS, following his graduation, Jeremiah Denton earned his wings as a 10 United States Naval Aviator, serving with valor and distinction throughout his naval 11 career, including his assignment to Attack Squadron 42 based at Naval Air Station 12 Oceana in September 1961; 13 14 WHEREAS, at that time he built a home in the Kings Grant neighborhood of 15 Virginia Beach, where his family lived while he served in the Navy; 16 17 WHEREAS, in July 1965, while leading a bombing raid of twenty-eight jets over 18 North Vietnam from the USS Independence in the Tonkin Gulf, Commander Denton's A- 19 6 Intruder was shot down. He was captured and endured seven years and seven 20 months as a prisoner of war in Hanoi, during which time he suffered prolonged torture, 21 including four years of solitary confinement—two of which were in the infamous 22 "Alcatraz" prison camp; 23 24 WHEREAS, during his captivity, Commander Denton exhibited extraordinary 25 courage and leadership, famously resisting enemy propaganda efforts by blinking the 26 word "TORTURE" in Morse code during a televised interview—providing the first 27 confirmation to U.S. officials that American POWs were being mistreated; 28 29 WHEREAS, upon his release in 1973, he was the first to step off the plane at 30 Clark Air Force Base in the Philippines, where he addressed the nation with words that 31 moved millions, expressing his gratitude and ending with a heartfelt "God Bless 32 America" and a crisp salute to the flag; 33 34 WHEREAS, he returned to Hampton Roads for treatment at Portsmouth Naval 35 Hospital and later served as Commandant of the Armed Forces Staff College in Norfolk, 36 Virginia, retiring from the Navy in 1977; 37 38 WHEREAS, for his valor, leadership, and service, Admiral Denton was awarded 39 numerous decorations, including the Navy Cross, three Silver Stars, five Bronze Stars, 40 the Purple Heart (twice), the Distinguished Flying Cross, the Defense Distinguished 41 Service Medal, the Navy Distinguished Service Medal, and others—all of which are 42 represented in a shadow box now proudly displayed in his son's law office in Virginia 43 Beach; 44 45 WHEREAS, his wife, the late Jane Denton, was a tireless and courageous 46 advocate for American POWs and their families, co-founding the National League of 47 Families of Prisoners of War and Missing in Action—work that was instrumental in 48 promoting humane treatment and securing the release of American servicemembers; 49 50 WHEREAS, after retiring from active duty, Jeremiah Denton returned to his 51 native Alabama and continued his service to the nation as a United States Senator; 52 53 WHEREAS, upon his passing in 2014, Senator Denton was honored with a 54 memorial service in the Kings Grant community of Virginia Beach, where his family were 55 original residents, and was laid to rest with full honors at Arlington National Cemetery; 56 57 WHEREAS, in lasting tribute to his service and sacrifice, the United States Navy 58 christened the USS Jeremiah Denton (DDG 129), a guided missile destroyer, on June 59 28, 2025, in Pascagoula, Mississippi, with commissioning expected in 2027; and 60 61 WHEREAS, that the City Council honors the life, courage, and patriotism of the 62 late Admiral and Senator Jeremiah Denton, Jr.—a true American hero—whose legacy 63 of service, sacrifice, and steadfast dedication to his country continues to inspire 64 generations of Americans; 65 66 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 67 OF VIRGINIA BEACH: 68 69 That the City Council hereby designates Kings Grant Road in honor of Jeremiah 70 A. Denton, Jr. and hereby directs the City Manager to cause signage in honor of 71 Admiral Denton to be erected at Kings Grant Road. Adopted by the City Council of the City of Virginia Beach, Virginia, this 18th day of November , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16940 R-4 October 21, 2025 IA-B c S rs e OP OUR NWIs RESOLUTION WHEREAS:Jeremiah Denton,Jr.was a distinguished graduate of the wartime-accelerated Class of 1947 at the United States Naval Academy,graduating in June 1946 alongside notable classmates including future President Jimmy Carter, Admiral Stanfield Turner,andAdmiral James Stockdale;and WHEREAS:Following his graduation,Jeremiah Denton earned his wings as a United States Naval Aviator,serving with valor and distinction throughout his naval career, including his assignment to Attack Squadron 42 based at Naval Air Station Oceana in September 1961;and WHEREAS.At that time,he built a home in the Kings Grant neighborhood of Virginia Beach,where his family lived while he served in the Navy;and WHEREAS. In July 1965, while leading a bombing raid of twenty-eight jets over North Vietnam from the USS Independence in the Tonkin Gulf, Commander Denton's A-6Intruder was shot down.He was captured and endured seven years and seven months as a prisoner of war in Hanoi, during which time he suffered prolonged torture, including four years ofsolitary confinement—two ofwhich were in the infamous "Alcatraz"prison camp;and WHEREAS:During his captivity, Commander Denton exhibited extraordinary courage and leadership,famously resisting enemy propaganda efforts by blinking the word"TORTURE"in Morse code during a televised interview—providing the first confirmation to U.S.officials that American POWs were being mistreated;and WHEREAS: Upon his release in 1973, he was the first to step off the plane at Clark Air Force Base in the Philippines, where he addressed the nation with words that moved millions,expressing his gratitude and ending with a heartfelt "God Bless America"and a crisp salute to the flag;and WHEREAS:He returned to Hampton Roads for treatment at Portsmouth Naval Hospital and later served as Commandant of the Armed Forces Staff College in Norfolk Virginia,retiring from the Navy in 1977;and WHEREAS:For his valor, leadership, and service,Admiral Denton was awarded numerous decorations, including the Navy Cross, three Silver Stars,five Bronze Stars, the Purple Heart(twice), the Distinguished Flying Cross, the Defense Distinguished Service Medal,the Navy Distinguished Service Medal,and others--all of which are represented in a shadow box now proudly displayed in his son's law office in Virginia Beach;and WHEREAS:His wife, the late Jane Denton, was a tireless and courageous advocate for American POWs and their families, co-founding the National League of Families of Prisoners of War and Missing in Action—work that was instrumental in promoting humane treatment and securing the release ofAmerican servicemembers;and WHEREAS:After retiring from active duty,Jeremiah Denton returned to his native Alabama and continued his service to the nation as a United States Senator;and WHEREAS: Upon his passing in 2014, Senator Denton was honored with a memorial service in the Kings Grant community of Virginia Beach,where his family were original residents, and was laid to rest with full honors at Arlington National Cemetery;and WHEREAS.In lasting tribute to his service and sacrifice, the United States Navy christened the USS Jeremiah Denton (DDG 129), a guided missile destroyer, on June 28, 2025, in Pascagoula, Mississippi, with commissioning expected in 2027,and WHEREAS: That the City Council honors the life, courage, and patriotism of the late Admiral and Senator Jeremiah Denton,Jr.—a true American hero—whose legacy of service,sacrifice,and steadfast dedication to his country continues to inspire generations ofAmerican. NOW, THEREFORE, BE IT RESOLVED: That the City Council hereby designates Kings Grant Road in honor of Jeremiah A.Denton,Jr.and hereby directs the City Manager to cause signage in honor ofAdmiral Denton to be erected at Kings Grant Road. Adopted by the Council of the City of Virginia Beach, Virginia the 18"day of November 2025 andpresent this Resolution duly signed by each Me er of the Virginia Beach City Council. Cou ember Michael F.Berlucchi Coi ember Sta Cu 7 ings C"ouhcilMember Barbara M Henley LN4�(/j f Coun it Member D vi Hutcheson Council Member Cal ' sh"J ckson-Green Council Member er t W. orth"Remick Council Member Dr.Amelia Ross-Hammond ou cil tuber Jennifer V.Rouse Ancil Member Joas rua F.Schulman Vice Mayor Roses Mayor Robert ff"Bobby"Dyer 37 ITEM— VI.J.7 ORDINANCES/RESOLUTIONS ITEM#77749 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Resolution to NAME the 24`"Street Stage as the "Robert N. `Bobby'Melatti Stage"(Requested by Mayor Dyer, Vice-Mayor, And Council Members Berlucchi, Cummings, Henley, Hutcheson, Jackson- Green, Remick, Ross-Hammond and Schulman) Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua E "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi *After adoption, City Council welcomed Mrs. Melatti and presented her with a ceremonial Resolution. November 18, 2025 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, CUMMINGS, HENLEY, HUTCHESON, JACKSON-GREEN, REMICK, ROSS-HAMMOND AND SCHULMAN 1 A RESOLUTION NAMING THE 24t" STREET STAGE AS 2 "THE ROBERT `BOBBY' N. MELATTI STAGE" 3 4 WHEREAS, Robert "Bobby" Nicholas Melatti was born in New York City into a 5 musical family; his father Nicholas was a concert master, and his mother Jean was a 6 soprano with the Metropolitan Opera; 7 8 WHEREAS, after high school graduation, he began an apprenticeship as a 9 stagehand at the Metropolitan Opera and later became a production manager for Cellar 10 Door, traveling from venue to venue and building relationships in the music industry; 11 12 WHEREAS, his work for Cellar Door brought him to Virginia in 1978, producing 13 everything from nightclub acts to The Rolling Stones, and he toured with Van Halen, 14 David Lee Roth, and Guns N' Roses; 15 16 WHEREAS, he created and served as program director of Beachevents, the City 17 of Virginia Beach's entertainment contractor for the Oceanfront, taking great care to 18 ensure an inclusive Resort Area for all by producing entertainment and cultural events 19 including Funkfest, Latin Fest, FilFest, and the SkyFest, and he produced hundreds of 20 concerts and events at the Oceanfront's stages, including the 24t" Street Stage; 21 22 WHEREAS, he played a key role in creating the Virginia Legend's Walk at the 23 Oceanfront to honor great Virginians, past and present; 24 25 WHEREAS, for more than twenty years, he served as a volunteer member of 26 City boards and commissions, including the Resort Advisory Commission, the Arts and 27 Humanities Commission, the Human Rights Commission, and the VB VA250 28 Committee; 29 30 WHEREAS, he strongly valued education, earning both bachelor's and master's 31 degrees from Old Dominion University; he served with distinction as an elected member 32 of the Virginia Beach School Board; and he supported scholarships for promising young 33 artists, including the Roupas-Melatti Scholarship for graduates of the Visual & 34 Performing Arts Academy at Salem High School; 35 36 WHEREAS, he received numerous awards and recognitions for his support of 37 the arts and our City, including two Human Rights Awards and the Bobby Melatti 38 Attractions and Entertainment Award, an annual award, named in his honor, that is 39 presented as part of the Convention and Visitors Bureau's National Travel and Tourism 40 Week celebration; 41 42 WHEREAS, he was a friend, mentor, and guiding light to many, and his tireless 43 dedication to public service, education, and civic engagement has enriched our City and 44 the lives of so many; and 45 46 WHEREAS, the City Council desires to acknowledge Bobby Melatti's 47 extraordinary contributions to the City by naming the 24t" Street Stage in his honor; 48 49 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH, VIRGINIA: 51 52 That the 24t" Street Stage shall henceforth be known as, "The Robert `Bobby' N. 53 Melatti Stage." 54 55 Adopted by the City Council of the City of Virginia Beach, Virginia, this 18th 56 day of November , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16938 R-5 November 7, 2025 IA-BF,gcb U r C� t _ r So .�`4gw- rr S �p 4fl NA1101 . A SOLLTHON WHEREAS:Robert `Bobby"Nicholas Melatti was born in New York City into a musical family; his father Nicholas was a concert master,and his mother Jean was a soprano with the Metropolitan Opera;and WHEREAS:After high school graduation,he began an apprenticeship as a stagehand at the Metropolitan Opera and later became aproduction manager for Cellar Door,traveling from venue to venue and building relationships in the music industry;and WHEREAS:His work for Cellar Door brought him to Virginia in 1978,producing everything from nightclub acts to The Rolling Stones,and he toured with Van Halen,David Lee Roth, and Guns N'Roses;and WHEREAS: He created and served as program director of Beachevents, the City of Virginia Beach's entertainment contractor for the Oceanfront, taking great care to ensure an inclusive Resort Area for all by producing entertainment and cultural events including Funkfest, Latin Fest, FilFest, and the SkyFest, and he produced hundreds of concerts and events at the Oceanfront's stages, including the 24'Street Stage;and WHEREAS:He played a key role in creating the Virginia Legend's Walk at the Oceanfront to honor great Virginians,past and present;and WHEREAS:For more than twenty years, he served as a volunteer member of City boards and commissions, including the ResortAdvisory Commission,the Arts and Humanities Commission,the Human Rights Commission, and the VB VA250 Committee;and WHEREAS:He strongly valued education, earning both bachelor's and master's degrees from Old Dominion University;he servedwith distinction as an elected member of the Virginia Beach School Board;and he supported scholarships for promising young artists, including the Roupas-Melatti Scholarship for graduates of the Visual &Performing Arts Academy at Salem High School;and WHEREAS:He received numerous awards and recognitions for his support of the arts and our City, including two Human Rights Awards and the Bobby Melatti Attractions and EntertainmentAward,an annual award,named in his honor,that is presented as part of the Convention and Visitors Bureau's National Travel and Tourism Week celebration;and WHEREAS:He was a friend, mentor, and guiding light to many, and his tireless dedication to public service, education,and civic engagement has enriched our City and the lives of so many;and WHEREAS:The City Council desires to acknowledge Bobby Melatti's extraordinary contributions to the City by naming the 20 Street Stage in his honor. NOW, THEREFORE,BE IT RESOLVED, That the Council of the City of Virginia Beach, Virginia, that the 24t1i Street Stage shall henceforth be known as: "The Robert `Bobby'N.Melaid Stage" Given by the Council of the City of Virginia Beach, Virginia the 181'day of November 2025 and present this Resolution duly signed by each Member of the Virginia Beach City Council. nct ember Michael F.Berlucchi _ C ct ember Stacy tmt ngs Council Member Barbara M Hen y ouncil Member David Hutcheson ounc' 1 C tl Member 1"Cash' ackson-Green Council Member Robert W.�FSchul..n Worth Remick Council Member Dr.Amelia Ross-Hammond C cil, ember Jennifer V Rouse Coun it Memb Vice Mayor Ro may DVilson AayorRoberFM "Bobb 14 38 ITEM— VI.J.8 ORDINANCES/RESOLUTIONS ITEM#77750 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Resolution to APPROVE the Modification of a Construction Contract re the Bow Creek Stormwater Park—Section I Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 A RESOLUTION APPROVING THE MODIFICATION 2 OF A CONSTRUCTION CONTRACT FOR THE BOW 3 CREEK STORMWATER PARK - SECTION 1 4 5 WHEREAS, in June 2023, the City executed a contract with Trident Civil, Inc. to 6 provide construction services for Capital Project # 100516, "Bow Creek Stormwater 7 Park — Section I" 8 9 WHEREAS, due to overruns of estimated quantities, unforeseen site conditions, 10 poor quality of excavated material and design revisions, the contract requires 11 modifications that exceed 25% of the original contract; 12 13 WHEREAS, the additional construction required to accomplish the scope of this 14 project will increase the contract price by approximately 28% over the original fixed- 15 price contract amount of$28,411,237; 16 17 WHEREAS, the increased funding required is available in the current Capital 18 Project #100516, "Bow Creek Stormwater Park;" and 19 20 WHEREAS, the Virginia Public Procurement Act requires City Council approval 21 of changes to contracts that exceed $50,000 or 25% of the original contract price, 22 whichever is greater. 23 24 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA THAT: 26 27 The City Council hereby approves the modification of the aforementioned 28 construction contract with Trident Civil, Inc. with a revised contract price of$36,411,237. Adopted by the City Council of the City of Virginia Beach, Virginia, this 18th day of November , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Works Atto ey's Office CA16993 R-1 October 6, 2025 39 ITEM— VI.J.9 ORDINANCES/RESOLUTIONS ITEM#77751 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Harbor Canal re maintain an existing timber bulkhead,pier and deck, and to construct and maintain a timber pier addition,four(4) timber pile aluminum boat lift, and an EZ dock jet ski float located at the rear of 2361 Leeward Shore Drive DISTRICT 8 Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 HARBOR CANAL, LOCATED AT THE 7 REAR OF 2361 LEEWARD SHORE 8 DRIVE. 9 10 WHEREAS, Alisa S. Dart (the "Applicant"), requests permission to maintain 11 an existing 45 linear foot timber bulkhead, a 5' x 18' timber pier and an 8' x 12' timber 12 deck, and to construct and maintain an 18' x 30'timber pier addition, a 12' x 13'four timber 13 pile aluminum boat lift and a 5' x 14' EZ dock jet ski float (collectively, the "Temporary 14 Encroachment") into City-owned property known as Harbor Canal, located at the rear of 15 2361 Leeward Shore Drive (GPIN 1499-99-6846); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property and easements subject to such terms and conditions as Council may 20 prescribe. 21 22 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended,the Applicant, her heirs, assigns 27 and successors in title are authorized to construct and maintain the Temporary 28 Encroachment as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT 29 REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, 30 EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR 31 TIMBER PILE ALUMINUM BOAT LIFT, & PROPOSED EZ DOCK JET SKI FLOAT FOR: 32 ALISA S. DART 2361 LEEWARD SHORE DRIVE LOT 227, SECTION 2, BAY ISLAND, 33 M.B. 48, PG. 15," Scale: 1" = 40', dated: July 22, 2024, prepared by: Stone Green 34 Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and on file in the 35 Department of Public Works and to which reference is made for a more particular 36 description; 37 38 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 39 subject to those terms, conditions and criteria contained in the agreement between the City 40 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 41 been presented to the Council in its agenda, and will be recorded among the records of the 42 Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and i 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Applicant and the City Manager or his authorized designee execute the 43 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h 51 day of November , 2025. CA16732 R3 Prepared; October 14, 2025 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PWW1C-W--ORlk9, REAL ESTATE DAN R. HARMEYER DEPUTY CITY ATTORNEY 2 DART ENCROACHMENT EXHIBIT HARBOR CANAL HARBOR CANAL � > s `\,� NOW OR FORMERLY -"—EBB � CITY OF VIRGINIA BEACH �LOOD - I/ EX.PIER AND MOORING '- 43.9' - PILESOFAPOTOREMAIN / 2 FklsT 18'PIER pFA U /, o Fp 0 M.B.48 PG. 15 pp p'lrNyF�O., 12'DEC i �\�Q MHW&MLWATFACE ok EXISTING } OF EX.BULKHEADS , CONDITIONS TIMBERBER BULKHEAD PIER DETAIL 1"=30' u v u N 36°45101"E w w E 42,39' �f _W Q Y a w / PATIO \�6° 1112' mLn � 11' % SHED \ 29' \ ' LOT 228 o I PATIO DECK \?S� NOW OR FORMERLY N DEC .�oo KEVIN J.& w ti� DONNA M.KOLLMAN N > S SHED \2369 LEEWARD SHORE DRIVE N 0 m ZO d O GPIN: 1499-99-6754 Z rn a 0 * -, \. INST:202403013759 o ,, a N O p o; 'ONG �\ M.B.48 P. 15 °' � . to n --1 d/ DRk co c o � mt' r) a \ v, o zo PF Z 0 - z/) LOT 227 'n =m -i NOW OR FORMERLY X N {' 0 Z m < ALISA S.DART `— 1383'TO °' a z ! GPIN: 1499-99-6846 SPINDRIFT RD o m INST:202303027480 Cl ' PF' M.B.48 P,15 r,.- ��N T H OF LEEWARD SHORE DRIVE '- Di itally signed by Sea Green DN:CN=Sean n, 50 RIGHT-OF-WAY SEAN E. GREEN >' � npgCeon�pnsutti ail.copp,-- (M.B. 48, PG. 15) to G=Sean,6N= een, `-tVS" Lic. No. 0402064005 Date:2025 08.10 10:05:39-04'00' 4 CURVE I RADIUS I ARC LENGTH CHORD LENG CHORD RING DELTA ANGLE C1 205.00' 210.00' 200.94'TH N 24'36'BEA15"E 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. �`sNN AL ECG\ 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH 15 NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 EXHIBIT'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, SCALE: 1"=40' EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR TIMBER PILE ALUMINUM ENGINEERING SERVICES PROVIDED BY: BOAT LIFT, & PROPOSED EZ DOCKJET SKI FLOAT STONE GREEN CONSULTING, LLC FOR:ALISA S. DART 4014 MEDINA ROAD#1015, AKRON, OH 44333 2361 LEEWARD SHORE DRIVE (330)400-3811 COA:0407008328 LOT 227,SECTION 2, BAY ISLAND, M.B. 48, PG. 15 ©202S WATERFRONT CONSULTING,INC, ALL RIGHTS RESERVED 1ULY 22, 2024 SHEET 1 OF 2 DART ENCROACHMENT EXHIBIT HARBOR CANAL HARBOR CANAL NOW OR FORMERLY EBB CITY OF VIRGINIA BEACH �LOOD EX.PIER AND MOORING PILES OF APO TO REMAIN���, 2 41S 31.0'TOTALWIDTH- ---- OFgpoT 5 GeulK — -- a ���' °P M.B.48 PG. 15 MHW&MLW AT FACE 0" OF OF EX.BULKHEADS PROPOSED DOCK JET SKI \ ' ALUMINUM BOAT LIFTER PILE IMPROVEMENTS DOCKIETSKI FLOAT \ PROPOSED TIMBER PIERADDmON PIER DETAIL 1"=30' u U v o N 36°45'01"E w w w co' 42.39' of cc PATIO w w � _ EL a � \I" v v m .Q z a POOL \1� 18 a N m 1D ESQ ILL a SHED I 4'.3 . m \ LOT 228 N o°/ PATIO DECK `\61, NOW OR FORMERLY r.� G/ DEC ��p, KEVINJ.& w � D = ', DONNA M. KOLLMAN -i O r- z > z / ,�IIEO \�2369 LEEWARD SHORE DRIVE o ? m 0 0 0 / (V� GPIN: 1499-99-6754 o Z � � r �� `\, INST:202403013759 CDC) A vC, 0 0 0; cONC \ M.B.48 P. 15/ 00 O yi T N a/ DRIVE ` ? Q �10 20mOG- \ to o O 3 2 m Z/ LOT 227 �� PF v, m D -1 ; NOW OR FORMERLY N 0 Z '�' ALISA S.DART '� 138.7'TO o m Q' GPIN: 1499-99-6846 SPINDRIFT RD INST:202303027480 Cl PF% M.B.48 P.15 .-�- �t NL T H OF -- -''."------.._ _.�-- .''ter^�~r'+ ` LEEWARD SHORE DRIVE '--- Di itally signed by Sea. Green Z 50 RIGHT-OF-WAY DN:CN=Sean n, SEAN E. GREEN " tons:ywun nsultir�g`a��g(y .com. (M.B. 48, PG. 15) G=Sean,`6N=(3r66—ljS Lio. No. 0402064005 Date:2025.08.10 10:05:42.04'00' CURVE I RADIUS ARC LENGTH I CHORD LENGTH CHORD BEARING DELTA ANG Cl 205.00' 210.00' 200.94' N 24"36'15"E 1 58'41'46'9 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. ION AL F�G\ 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 EXHIBIT'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, SCALE:1"=40' EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR TIMBER PILE ALUMINUM ENGINEERING SERVICES PROVIDED BY: BOAT LIFT, & PROPOSED EZ DOCKJET SKI FLOAT STONE GREEN CONSULTING, LLC FOR:ALISA S. DART 4014 MEDINA ROAD H1015,AKRON, OH 44333 2361 LEEWARD SHORE DRIVE (330)400-3811 COA:0407008328 LOT 227, SECTION 2, BAY ISLAND, M.B.48, PG. 15 ©2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED DULY 22, 2024 SHEET 2 OF 2 , f PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 24;; day of_�Z_� 2025, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ALISA S. DART, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "227" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO. VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2361 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing 45 linear foot timber bulkhead, a 5' x 18' timber pier and a 8' x 12' timber deck, and to construct and maintain an 18' x 30' timber pier addition, a 12' x 13' four timber pile aluminum boat lift and a 5' x 14' EZ dock jet ski float, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: NO GPIN ASSIGNED (CITY-OWNED PROPERTY KNOWN AS HARBOR CANAL) 1499-99-6846 (2361 LEEWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Harbor Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR TIMBER PILE ALUMINUM BOAT LIFT, & PROPOSED EZ DOCK JET SKI FLOAT FOR: ALISA S. DART 2361 LEEWARD SHORE DRIVE LOT 227, SECTION 2, BAY ISLAND, M.B. 48, PG. 15," Scale: 1" = 40', dated: July 22, 2024, prepared by: Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, Alisa S. Dart, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 Alisa S. Dart STATE OF\4\1 CITY/COUNTY to-wit: The foregoing instrument was acknowledged before me this day of tX!prm ' 2025, by Alisa S. Dart. . (SEAL) Not ry Public AF�lEL DAWSpNNOTARY PUBLICMy Notary Registration Number. OMMONWEALTH OFVIRGINIA[CALICIA OMMISSION EXPIRES NOV.30.2026 My Commission Expires: �{��( ? _ COMMISSIONtt792294I APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P,, BLIC WORK — REAL ESTATE DNA- . HARMEYER DEPUTY CITY ATTORNEY 7 DART ENCROACHMENT EXHIBIT HARBOR CANAL HAR BOR CANAL ,/ �' s NOW OR FORMERLY CITY OF VIRGINIA BEACH �LOOD 43 9'_ EX.PIER AND MOORING PILES OF APO TO REMAIN �O Fk�st 18'PIER- QFApp ceU�k I ����QP M.E3.48 PG. 15 UCH OFAU 12'DEC — /' MHW&MLW AT FACE OF EX.BULKHEADS EXISTING CONDITIONS EX.TIMBER PIER& n r ZA4T tK TIMBER BULKHEAD PIER DETAIL 3 =30 z u M1;N 36°45,01"E E aw r� 42,39' � 18, U L w w / PATIO \��+ S., ;ztECK r 14 m vi h / ` 0 J �2' m / SHED •� 29' \ LOT 22$ 0o PATIO DECK \?sip NOW OR FORMERLY N toI DEC \�0, KEVIN J.& DONNA M.KOLLMAN tz„ D = SHED i\2369 LEEWARD SHORE DRIVE ';, O0 m Q p O / GPIN: i 499 99 6754 a Z m � C7 N INST:202403013759 ` '.CONG �\ M.B.48 P. 15/ • m Wco O � O a% DRIVE ', O 'n LOT 227 .n V1 m Z-1 a % NOW OR FORMERLY c �' O z m / ALISA S. DART 138.7'TO GPIN: 1499-99-6846 SPINDRIFT RD m INST:202303027480 C1 ' PF,, M.B.48 P.15 ��P T H op L LEEWARD SHORE DRIVE --- Digitally signed by Sea Green � 50`RIGHT-OF-WAY ✓ DN:CN=Sean �allxom BEAN E. GREEN ` E-�onogWoncpnsultiq(M.B. 48, PG. 15) G=Sean,BN=been; �8LiC. No, 0402064005 Date:2025.08.10 10:05:39-04'00' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 205.00' 210.00 200.9A N 24°3615"E 58°41'4C 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. /ONAL 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, SCALE:1"=40' EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR TIMBER PILE ALUMINUM ENGINEERING SERVICES PROVIDED BY: BOAT LIFT, & PROPOSED EZ DOCK JET SKI FLOAT STONE GREEN CONSULTING, LLC FOR: ALISA S. DART 4014 MEDINA ROAD 41015,AKRON, OH 44333 2361 LEEWARD SHORE DRIVE (330)400-3811 COA:0407008328 LOT 227,SECTION 2, BAY ISLAND, M.B.48, PG. 15 C)2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED JULY 22, 2024 SHEET 1 OF 2 DART ENCROACHMENT EXHIBIT ` HARBOR CANAL HARBOR CANAL /� 0) s NOW OR FORMERLY ---EBB CITY OF VIRGINIA BEACH �LOOD- - EX.PIER AND MOORING PILES OF APO TO REMAIN �14 p f'r�ST 31.0'TOTAL WIDTH - ---- - � O'`Apo�e��k _ `)� c��oPy M.B.48 PG. 15 —_ — 04s& q0,� p i ��~QO MHW&MLW AT FACE OF EX.BULKHEADS PROPOSED PROPOSED( PROPOSED EZ ' ALUMINUM BOAT LB FER T PILE IMPROVEMENTS DOCK JET SKI FLOAT ``� PROPOSED TIMBER ��_ PIERADDmoN PIER DETAIL 1 =30 U u C.J a N 36°45'01"E ,Z w W �' 42.39' \ 5, ti w W LL \2 a a / PATIO _z ^ Q ` POOL \Tj, 1H O Q 1O 0 % SHED LL m \ in LOT 228 N o I PATIO DECK 8 NOW OR FORMERLY w DEC KEVINJ.& ^y DONNA M. KOLLMAN -�+ Z T Z �/ SHED `\ 2369 LEEWARD SHORE DRIVE N ? m 0 0 0 ��\ GPIN: 1499-99-6754 oN .. m 3/ �/. INST:202403013759 O7 0 -4 N O� O o; CONc \ M.B. 48 P. 15 � p ,0 0 • L' �t t7/ DRIVE 01 , N °YJ \ �n 0 v 0 -n I : "� PF T m LOT Z27 � Cn > �/ NOW OR FORMERLYF. �� v, m D -I � ; c Z ALISA S. DART 138.7 TO 0 m Q' GPIN: 1499-99-6846 / SPINDRIFT RD INST:202303027480 C1 �`•�� PF' M.B.48 P.1 S /..�• ��,p L T H OF LEEWARD SHORE DRIVE � ._—" ------ - Digitally signed by Sear)Green Z 50`RIGHT-OF-WAY =' DN:CN=Sean SEAN E. GREEN E= tonnwoncy nsDltir gMail.cGm (M.B. 48, PG. 15) G=Sean,6N=Gfeen, =vs Lie. No. 0402064005 _ _ _ _ Date:2025.08,1010:05:42-04'00' CURVE RAOIUS _ARC LELENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE �O 0 C1______ 205.00' 210.00' 200.94' _ N 24°36'15" I. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. FSS/ORAL F�G 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES, 0 40 80 EXHIBIT'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, SCALE: 1"=40' EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR TIMBER PILE ALUMINUM ENGINEERING SERVICES PROVIDED BY: BOAT LIFT, & PROPOSED EZ DOCK JET SKI FLOAT STONE GREEN CONSULTING, LLC FOR: ALISA S. DART 4014 MEDINA ROAD#1015,AKRON, OH 44333 2361 LEEWARD SHORE DRIVE (330)400-3811 COA:0407008328 LOT 227,SECTION 2, BAY ISLAND, M.B.48, PG. 15 CD2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 1ULY 22, 2024 SHEET 2 OF 2 40 ITEM— VI.J.10 ORDINANCES/RESOLUTIONS ITEM#77752 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to CONVERT three (3)part-time positions to one(1)full-time paramedic position within the FY2025-26 Department of Emergency Medical Services (EMS) Operating Budget Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 AN ORDINANCE TO CONVERT THREE PART-TIME 2 PARAMEDIC POSITIONS TO ONE FULL-TIME 3 PARAMEDIC POSITION WITHIN THE DEPARTMENT OF 4 EMERGENCY MEDICAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 Three part-time paramedic positions are hereby converted to one full-time 10 paramedic position within the FY2025-26 Operating Budget of the Department of 11 Emergency Medical Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day Of November , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 9 e-,'-' '6,�a�;a�� 7, 7 D,41 - B dget and Management Services i y At rney's Office CA17011 R-1 November 3, 2025 41 ITEM— VI.J.11 ORDINANCES/RESOLUTIONS ITEM#77753 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$415,000 from the Fund Balance of the Police Federal&State Seized Assets Special Revenue Fund to the FY2025-26 Police Department Operating Budget re police equipment and training Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 AN ORDINANCE TO APPROPRIATE $415,000 FROM THE 2 FUND BALANCE OF THE POLICE FEDERAL AND STATE 3 SEIZED ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $415,000 is hereby appropriated, with revenues increased 10 accordingly, from the fund balance of the Police Federal & State Seized Assets Special 11 Revenue Fund to the FY 2025-26 Police Department Operating Budget for police 12 equipment and training. 13 14 2. The City makes no commitment to replace any equipment purchased with 15 these funds. 16 Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of November , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: e Budget and Management Services orney's Office CA17010 R-1 November 3, 2025 42 ITEM— VI.J.12 ORDINANCES/RESOLUTIONS ITEM#77754 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRMTE $41,708 in private dredging revenue to Capital Project 4100210 "Hurd s Cove Neighborhood Dredging"re access basin dredging agreements Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 AN ORDINANCE TO APPROPRIATE $41,708 IN 2 PRIVATE DREDGING REVENUE TO CAPITAL PROJECT 3 #100210 "HURD'S COVE NEIGHBORHOOD DREDGING" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $41,708 in private dredging revenue is hereby appropriated, with revenues 9 increased accordingly, to Capital Project #100210 "Hurd's Cove Neighborhood 10 Dredging." These funds will be used in accordance with access basin dredging 11 agreements. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day OfNovember , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ) — B6dget and Management Services it ney's Office CA17014 R-1 November 4, 2025 43 ITEM— VI.J.13 ORDINANCES/RESOLUTIONS ITEM#77755 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRMIE $54,350 from the Virginia Department of Emergency Management to the FY2025-26 Department of Emergency Management Operating Budget re cover the remaining expenses associated with the Flood Mitigation Assistance 2019 Elevation Project Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE DEPARTMENT OF EMERGENCY 4 MANAGEMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $54,350 is hereby accepted from the Virginia Department of Emergency 10 Management and appropriated, with revenue increased accordingly, to the FY 2025-2026 11 Operating Budget of the Department of Emergency Management to cover the remaining 12 expenses associated with the Flood Mitigation Assistance 2019 Elevation Project. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day Of November 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services City ttorney's Office CA17004 R-1 October 20, 2025 44 ITEM— VI.J.14 ORDINANCES/RESOLUTIONS ITEM#77756 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Housing and Community Development to the FY2025-26 Department of Housing and Neighborhood Preservation re support Continuum of Care Programs Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua E "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING TO THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION FOR CONTINUUM OF 4 CARE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $25,000 is hereby accepted from the Virginia Department of Housing and 10 Community Development and appropriated, with revenue from the increased accordingly, 11 to the FY 2025-26 Operating Budget of the Department of Housing and Neighborhood 12 Preservation to support Continuum of Care programs. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of November , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Ma agement Services orney's Office CA17012 R-1 November 3, 2025 45 ITEM— VI.J.15 ORDINANCESIRESOL UTIONS ITEM#77757 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and Appropriate S4,000 from the Department of Motor Vehicles (DMi) to the FY2025-26 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime,training and equipment expenses related to DUI enforcement Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL GRANT FUNDS FOR THE ENFORCEMENT 3 OF DUI LAWS AND TO AUTHORIZE AN IN-KIND GRANT 4 MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $4,000 is hereby accepted from the U.S. Department of Transportation National 10 Highway Traffic Safety Administration via the Virginia Department of Motor 11 Vehicles and appropriated, with federal revenue increased accordingly, to the 12 FY 2025-26 Police Department Operating Budget for overtime, training, and 13 equipment expenses related to DUI enforcement. This appropriation is in 14 addition to a previous approval of$45,002 for DUI enforcement. 15 16 2. A local grant match of in-kind resources within the Police Department equal to 17 50% of the federal funds is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of November , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services it✓y Attorney's Office CA17005 R-1 October 20, 2025 46 ITEM— VI K.l PLANNING ITEMS ITEM#77758 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED,BY CONSENT, application of JONM.NUCKOLS for a Change in Nonconforming re expansion to an existing single-family dwelling at 1029 Hillview Boulevard DISTRICT 1 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGIN14 BEACH, VIRGINLI JONM.NUCKOLS for a Change in Nonconforming re expansion to an existing single-family dwelling at 1029 Hillview Boulevard (GPIN.• 1466121178)DISTRICT 1 The following conditions shall be required.• 1. The change in nonconformity shall be developed in substantial conformance with the conceptual site plan and construction documents prepared by Mayfield Designs, Inc. and titled "The Nuckols Residence", dated July 24, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of November Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING STRUCTURE ON PROPERTY 3 LOCATED AT 1029 HILLVIEW BOULEVARD 4 5 WHEREAS, Jon Nuckols (the "Applicant") has made application to the City Council 6 for authorization to expand the nonconforming dwelling located at 1029 Hillview 7 Boulevard and zoned R-10 Residential; 8 9 WHEREAS, this parcel currently contains a single family dwelling that does not 10 meet the current zoning regulations. The dwelling encroaches 3.1 feet into the rear yard 11 setback, which is not permitted under the City Zoning Ordinance. The dwelling was 12 constructed prior to the adoption of the applicable zoning regulations and is therefore 13 nonconforming; 14 15 WHEREAS, the proposed addition includes an expansion to the master bedroom 16 and a new bathroom; 17 18 WHEREAS, other nearby dwellings share the nonconformity to the rear yard 19 setback, making this expansion consistent with the character and development pattern of 20 the surrounding area; 21 22 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 23 approval of this application on October 8, 2025; and 24 25 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 26 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 27 authorizing such action upon a finding that the proposed structure as expanded is equally 28 appropriate or more appropriate to the zoning district than the existing structure. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby finds that the proposed nonconforming structure as 34 expanded, will be equally appropriate to the district as is the existing structure under the 35 conditions of approval set forth herein below. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 1. The change in nonconformity shall be developed in substantial conformance with the 41 conceptual site plan and construction documents prepared by Mayfield Designs, Inc. 42 and titled "The Nuckols Residence," dated July 24, 2025, which has been exhibited to 43 the Virginia Beach City Council and is on file with the Department of Planning and 44 Community Development. 45 46 2. The applicant shall obtain all necessary permits and inspections from the Department 47 of Planning & Community Development. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of November 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lanning and Community City Attorneys Office Development CA16973 R-2 October 3, 2025 2 47 ITEM— VI.K.2 PLANNING ITEMS ITEM#77759 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of AMANDA LINHART/JANE R. & WINTHROP A. SHORT, JR for a Change in Nonconforming re expansion to an existing single-family dwelling at 203 75'h Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AMANDA LINHART/JANE R. & WINTHROPA.SHORT,JR for a Change in Nonconforming re expansion to an existing single-family dwelling at 203 75`"Street(GPIN: 2419661999) DISTRICT 6 The following conditions shall be required: L The change in nonconformity shall be developed in substantial conformance with the conceptual site plan and construction documents prepared by Amanda Linhart and titled "Short Residence", dated May 15, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The structure shall be developed in substantial conformance with the elevations prepared by Amanda Linhart and titled "Short Residence," dated May 15, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. No structures shall be permitted in the existing public drainage easement(s) without the approval of an Encroachment Agreement by the City Council. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development. 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 18'h day of November Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING STRUCTURE ON PROPERTY 3 LOCATED AT 203 75th STREET 4 5 WHEREAS, Amanda Linhart (the "Applicant") has made application to the City 6 Council for authorization to expand the nonconforming structure located at 203 75th Street 7 and zoned R-5R Residential and North End Overlay; 8 9 WHEREAS, this parcel currently contains a single family dwelling that does not 10 meet the current zoning regulations. The dwelling encroaches 2.1 feet into the side yard 11 and 1.7 feet into the rear yard setbacks, which is not permitted under the City Zoning 12 Ordinance. The dwelling was constructed prior to the adoption of the applicable zoning 13 regulations and is therefore nonconforming; 14 15 WHEREAS, the proposed addition to the house includes a new entryway, living 16 room, bedroom, office, bathroom, and deck on the first floor and two bathrooms, a sitting 17 area, and a studio space on a newly constructed second floor; 18 19 WHEREAS, due to the limited nature of the nonconformity, the expansion is 20 reasonable and consistent with similar variances related to nonconforming structures; 21 22 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 23 approval of this application on October 8, 2025; and 24 25 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 26 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 27 authorizing such action upon a finding that the proposed structure as expanded is equally 28 appropriate or more appropriate to the zoning district than the existing structure. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby finds that the proposed nonconforming structure as 34 expanded, will be equally appropriate to the district as is the existing structure under the 35 conditions of approval set forth herein below. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 1. The change in nonconformity shall be developed in substantial conformance with the 41 conceptual site plan and construction documents prepared by Amanda Linhart and 42 titled "Short Residence," dated May 15, 2025, which has been exhibited to the Virginia 43 Beach City Council and is on file with the Department of Planning and Community 44 Development. 45 46 2. The structure shall be developed in substantial conformance with the elevations 47 prepared by Amanda Linhart and titled "Short Residence," dated May 15, 2025, which 48 has been exhibited to the Virginia Beach City Council and is on file with the department 49 of Planning and Community Development. 50 51 3. No structures are permitted in the existing public drainage easement(s) without the 52 approval of an Encroachment Agreement by the City Council. 53 54 4. The applicant shall obtain all necessary permits and inspections from the Department 55 of Planning and Community Development. 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of November 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lia, tanning and Community City Attorney's Of ice 0 Development CA16972 R-3 October 3, 2025 2 48 ITEM— VI K3 PLANNING ITEMS ITEM#77760 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS MODIFIED, AS CONDITIONED, BY CONSENT, application of CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re cemetery for two(2)parcels directly east of 3168 Indian River Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CATHOLIC DIOCESE OF RICHMOND for a Modi rcation o,f Conditions to a Conditional Use Permit re cemetery for two (2) parcels directly east of 3168 Indian River Road(GPINs: 1483849641 & 1483950067)DISTRICT 2 The following conditions shall be required: L The conditions of the Conditional Use Permit approved by the City Council on November 19, 2024, shall be replaced with the conditions below. 2. The cemetery, when developed, shall be in substantial conformance with the concept plan entitled, "REVISED CONCEPT PLAN PROPOSED CEMETERY CATHOLIC DIOCESE OF RICHMOND INDIAN RIVER SITE VIRGINIA BEACH, VA,"prepared by Grever & Ward,Inc., dated September 17, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, including landscaping. 3. The building will be constructed in substantial conformance with the submitted building elevation entitled "CATHOLIC DIOCESE OF RICHMOND — 17VDIAN RIVER CEMETERY SITE, INDIAN RIVER ROAD, VIRGI7VL4 BEACH, VA — ELEVATIONS— EXTERIOR—SHEET NUMBER A3.0",prepared by ICONIC DEZIGN STUDIOS, dated April 22, 2025 & the building renderings entitled "CATHOLIC DIOCESE OF RICHMOND — CEMETERY CHAPEL AND OFFICE, INDL4N RIVER ROAD SITE, VIRGINIA BEACH, VIRGINIA",prepared by ICONIC DEZIGN STUDIOS, dated July 01, 2025, which have been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 4. The cremation gardens, when developed, shall be located in substantial conformance with the concept plan referenced in Condition 2, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. Additional evergreen trees and shrubs shall be installed and maintained along the last 300.5 feet of the western property line to adequately screen the interior of the cemetery from the adjacent property at 3168 Indian River Road. November 18, 2025 49 ITEM— VI K.3 PLANNING ITEMS ITEM#77760 (Continued) 6. An adequate water supply to provide fire protection for the proposed building on site shall be approved by the Fire Marshal during site plan review prior to release of the site plan. 7. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 8. Certificates of approval, as required, shall be obtained from the Virginia Department of Health and any other relevant State department or agency prior to the release of the site plan. 9. Prior to final approval of the site plan for the cemetery, a Reservation Agreement between the Diocese and the City shall be recorded among the Land Records of the Clerk's Office of the Circuit Court of the City of Virginia Beach. The Reservation Agreement shall reflect the City's reservation of rights in the Proposed Indian River Road Re-Alignment. 10. The site plan for the cemetery shall show the City's reservation of rights in the Proposed Indian River Road Re Alignment. 11. Site plan approval shall be contingent on easements or other recorded agreements to address future drainage easement(s) and future access easement(s) for the Catholic Diocese of Richmond following the Proposed Indian River Road Realignment, to preserve drainage of the cemetery and maintenance of the stormwater management system it proposes to construct as part of development of the cemetery. 12. A landscape buffer consisting of a combination of evergreen trees and shrubs shall be installed along the entire length of the southern property line between the existing Indian River Road and the proposed stormwater management facility to ensure adequate screening of the cemetery from the residential properties located along the southside of Indian River Road. 13. If deemed necessary by the City Manager or their designee at the time of site plan approval, a groundwater monitoring well shall be installed and adequately maintained. The installation and maintenance of the well, if required, shall be the responsibility of the applicant. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`"day of November Two Thousand Twenty Five. November 18, 2025 50 ITEM— VI X 3 PLANNING ITEMS ITEM#77760 (Continued) Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 AGi AG2 ...r. 'R /qIV R/�FR R O AG2 ® Site N Catholic Diocese of Richmond \N Zoning Two parcels directly east of 3168 Indian River Road � Property Polygons s Feet 0 65 130 260 390 520 Map created by Planning Department on 10/14/2025 51 ITEM— VI X 4 PLANNING ITEMS ITEM#77761 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, AS MODIFIED,AS CONDITIONED,BY CONSENT, application of C4-FS,LLC,for a Modification of Conditions to a Conditional Use permit re mini-warehouse at 772 Lord Dunmore Drive DISTRICT 3 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI7VL4 C4-FS,LLC,for a Mod(cation of Conditions to a Conditional Use perm it re mini-warehouse at 772 Lord Dunmore Drive (GPIN: 1466449952)DISTRICT 3 The following conditions shall be required.• 1. All previous conditions attached to the Conditional Use Permit approval of March 15, 2022 shall be voided and replaced with the following conditions below: 2. When the property is developed, it shall be in substantial conformance with the concept plan entitled "Fairfield Shopping Center — Storage Site Exhibit", dated November 22, 2021, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Fairfield Shopping Center Landscaping Plan", dated January 03, 2022, ad prepared by Painted Fern Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "Exterior Rendering,"dated September 08, 2021, and prepared by DDA Architecture, with the exception that no illuminated building sign shall be permitted on the west elevation of the structure. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. The color of the EIFS shall be neutral andlor earth tones. 5. Only building-mounted signage, excluding signage on the west elevation, may be externally or internally illuminated. Neon lighting visible from any adjoining property shall not be permitted on the Property. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. November 18, 2025 52 ITEM— VI.K.4 PLANNING ITEMS ITEM#77761 (Continued) 7. Freestanding signage shall utilize colors and materials that match those of the primary building,shall comply with all applicable landscaping requirements at the base of the sign, and shall be limited to external illumination only. 8. All exterior lighting (as identified on the exhibit entitled "Fairfield Shopping Center — Storage Photometrics Plan," dated January 04, 2022 and prepared by MSA, P.C.) shall be low intensity and residential in character. All other exterior lighting on the property shall also be building-mounted or ground-level lighting that is not directly visible from the main road.According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises;said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 9. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 10. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage ofgoods. 11. There shall be no exterior(outside)storage of motorized vehicles on the property. 12. Should any additional site area be required during final site plan review to accommodate stormwater management facilities and/or other standard code requirements, that site area shall be provided through a reduction in mini-warehouse building area, and not through the elimination of depicted office components of any buildings constructed on site, or through the reduction of setbacks or landscaped open space. 13. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 14. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9)of the Zoning Ordinance. 15. Interior display lighting adjacent to windows located along the building facades facing Providence Road and Lord Dunmore Drive shall not be illuminated between 9:00 p.m. and 6:00 a.m. daily. Exterior canopy lighting, lighting within interior hallways that are not adjacent to a window, or other interior lighting required by applicable codes or regulations may remain illuminated during these hours. This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. November 18, 2025 53 ITEM— VI.K4 PLANNING ITEMS ITEM#77761 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`"day of November Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 R7. °, n; 0 CO Z J RI 0 Liji P--j � o »� 2 —L rELD SC O I D2 r� O J ® Site " p Zoning C4-FS, LLC W E Property Polygons 772 Lord Dunmore Drive S Building Feet 0 35 70 140 210 280 Map created by Planning Department on 6/26/2025 54 ITEM— VI K.5 PLANNING ITEMS ITEM#77762 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, application of WAVE CHURCH for a Modification of Conditions to a Conditional Use permit re religious use at 1000 North Great Neck Road DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 WAVE CHURCH for a Modi rcation of Conditions to a Conditional Use permit re religious use at 1000 North Great Neck Road(GPIN.• 2408137769)DISTRICT 8 The following conditions shall be required.• 1. All previous conditions attached to the Conditional Use Permit approval of October 17, 2017, shall be voided and replaced with the following conditions below: 2. Should any new 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. 3. The proposed building additions and renovation of the existing sanctuary shall be constructed in accordance with the submitted plans titled"VIRGINIA BEACHCHRIST1AN LIFE CENTER, Virginia Beach, Virginia, Exterior Elevations", prepared by Tymoff& Moss Architects, dated July 8, 2003. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck Road to the main entrance of the building and to the recreational fields. The location of the sidewalks shall be determined during detailed site plan review of each phase of the project. 5. At the time the site plan for development of the 'Recreational Fields'shown on the plan referenced by Condition I is submitted, the applicant shall submit a tree preservation restoration plan, including the installation of Category IV landscaping, where needed, within the proposed twenty foot buffer along the southern boundary of the site adjacent to the Michaels Glen and Great Neck Pines residential neighborhoods as well as the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property. November 18, 2025 55 ITEM— VI.K.5 PLANNING ITEMS ITEM#77762 (Continued) 5. At the time the site plan for development of the 'Recreational Fields'shown on the plan referenced by Condition 1 is submitted, the applicant shall submit a tree preservation restoration plan, including the installation of Category IV landscaping, where needed, within the proposed twenty foot buffer along the southern boundary of the site adjacent to the Michaels Glen and Great Neck Pines residential neighborhoods as well as the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property. 6. The applicant shall submit a photometric lighting plan indicating the number and types of lighting as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices.All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 7. The 'Recreational Fields'shown on the plan referenced by Condition I shall be gated from sundown to sunrise. There shall be no lighting of the recreational fields. There shall be no roadway installed along the edge of the recreational fields. The recreational fields shall not be used for overflow parking for any events associated with the church. 8. The existing stormwater management facility shall be cleared of trash and debris during the Phase I construction, and Category I screening shall be installed on the top of bank, on the western side of the facility, before a Certificate of Occupancy is approved for the addition. 9. The church shall install trash receptacles throughout the parking lots. There shall be one trash receptacle for every 3,500 square feet ofparking area. 10. Signage on the site and building shall be in substantial conformance with the following conditions, as approved by the City Council on August 11, 2009, by modification of the original October 14, 2003 Conditional Use Permit: a. The free-standing sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall have no video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location and shall be no higher than 8 feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. November 18, 2025 56 ITEM— VI.K.5 PLANNING ITEMS ITEM#77762 (Continued) b. The LED sign shall not be used to promote or advertise any other businesses, institutions, or events other than those related to the church located on the property. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level(LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. The interval of time between one image and the next image shall not exceed eight seconds. This shall not prohibit a single element on any static image from movement(as in a butterfly or bouncing ball moving across the screen during a static image message). e. One building-mounted sign consistent with the submitted photo enhanced elevation shall be allowed. The lighting method for the sign shall be submitted to the Department of Planning for approval. f. One additional free-standing sign, without electronic display, meeting sign ordinance requirements may be installed at the Old Donation Parkway entrance into the parking area, but shall be located at the entrance furthest away from the intersection. An elevation drawing and location plan of such sign shall be submitted to the Department of Planning for approval. 11. Two 24 foot by 60 foot modular classroom structures may be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units (Wave Church — Great Neck Road),"as approved by the City Council on August 11, 2009, by modification of the original October 14, 2003 Conditional Use Permit: a. The portable classroom structures are considered temporary and shall be permitted on this site five (5) years from the date of City Council action. Continued use of the structures after five years shall require a new modification of the Conditional Use Permit. b. The portable classroom structure shall have skirting around the entire base to screen the under-carriage of the unit. c. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. November 18, 2025 57 ITEM— VI.K.5 PLANNING ITEMS ITEM#77762 (Continued) d. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 12. Subject to the conditions below, an artificial turf field, picnic shelter, and associated landscape area may be installed at the location shown on the plan titled"WAVE CHURCH - Great Neck Road- Virginia Beach, Virginia-SITE PLAN,"prepared by Tymoff&Moss Architects, dated June 26, 2008. a. Any additional use, beyond that allowed above, of the area shown as 'Recreational Area' on the site plan referenced above shall be as shown on that plan. b. The size and configuration of the area designated for the playfield and picnic shelter shall be in substantial conformance with that shown on the plan labeled, "Playfield and Picnic Shelter for Wave Church, Great Neck Road," dated August 30, 2017. c. The size and architectural design of the picnic shelter shall be substantially as shown on the submitted plans titled"Foundation Plan, Elevations, and Notes, PICNIC SHELTER, WAVE CHURCH,"dated 18 May 17. d. Consistent with intent of Condition 6 for the future athletic and recreational fields, there shall be no exterior lighting of the area designated for the playfield or picnic shelter. Low-level lighting within the picnic shelter shall be allowed when the shelter is in use. e. There shall be no use of the playfield and/or picnic shelter between the hours of 10:00 p.m. and 8:00 a.m. 13. The applicant shall install street frontage landscaping consistent with the requirements of the Site Plan Ordinance along N. Great Neck Road where none currently exists. 14. The recreational vehicle currently located at the rear of the property shall permanently be removed, and the site shall come into compliance with City Code Section 16-14.2 within 30 days of City Council action. November 18, 2025 58 ITEM— VI.K.5 PLANNING ITEMS ITEM#77762 (Continued) 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 18'h day of November Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 i i ROSE HALL DR �O U� - 2 � RTU i 2 �ty U3, > TREE LI NERD n►n nr)N Cr E N 2 / P LLD ATIpN PKWy Ck 4 wPRNAT/O1V .PKWy Z jro o :a; Ir / w /• ' \S W " OLD DONATE PKWV , . coU` 2 tip— M ® Site Q zoning Wave Church wf. 0 Property Polygons 1000 N Great Neck Road S Feet 0 75 150 300 450 600 Map created by Planning Department on 10/14/2025 59 ITEM— VI K.6 PLANNING ITEMS ITEM#77763 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, AS PROFFERED, BY CONSENT, application of BRIKEL, LLC/ALTON NEAL EDWARD, JR. & ET AL for a Conditional Change of Zoning from R-7.5 Residential District to Conditional A-12 Apartment District re construction of seven (7) condominium units at 2421 Pleasure House Road DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGI1VL4 BRIKEL, LLC/ALTON NEAL EDWARD, JR & ET AL for a Conditional Change of Zoning from R-7.5 Residential District to Conditional A-12 Apartment District re construction of seven (7) condominium units at 2421 Pleasure House Road (GPIN.- 1570408357)DISTRICT 9 The following conditions shall be required: An agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`"day of November Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 BRIKEL,LLC,a Virginia limited liability company ALTON NEAL EDWARDS, JR., TRACI EDWARDS TUELL and CHRISTEL LOUISE EDWARDS TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT,made tlus 27th day of March,2025,by and between BRIKEL,LLC, a Virginia limited liability company, party of the first part, Grantor; ALTON NEAL EDWARDS,JR.,TRACI EDWARDS TUELL and CHRISTEL LOUISE EDWARDS, parties of the second part,Grantors;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee,party of the third part. WITNESSETH: WHEREAS, the parties of the second part are the owners of a certain parcel of property located in the City of Virginia Beach, Virginia, containing approximately 25,797 square feet as more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference. This parcel as described in Exhibit"A" is hereinafter referred to as the"Property";and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-12 Apartment District;and GPIN: 1570-40-8357-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors'rezoning application gives rise;and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW,THEREFORE,the Grantors,their successors,personal representatives,assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid iM'o quo for zoning,rezoning, site plan,building permit, or subdivision approval,hereby snakes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees,and other successors in interest or title: 1. When the Property is redeveloped, it shall be improved with a seven (7) unit residential condominium with fencing, landscaping, access and parking substantially as shown on the exhibit entitled "2421 PLEASURE HOUSE CONDOMINIUM ZONING EXHIBIT LOT 3 PLAT OF PROPERTY OF BAYSIDE CORPORATION (M.B. 12, PG. 72) VIRGINIA BEACH, VIRGINIA" -- "CONCEPTUAL DEVELOPMENT PLAN" dated March 2 25,2025 rev.08/29/2025 rev. 10/16/2025,prepared by WPL,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (hereinafter "Conceptual Development Plan") 2. The architectural design and features of the buildings depicted on the Conceptual Development Plan will be as depicted on the exhibit entitled, "2421 PLEASURE HOUSE CONDOMINIUM ZONING EXHIBIT LOT 3 PLAT OF PROPERTY OF BAYSIDE CORPORATION (M.B. 12, PG. 72) VIRGINIA BEACH, VIRGINIA" -- "ARCHITECTURAL ELEVATIONS AND DETAILS", dated March 25, 2025 rev. 08/29/2025 rev. 10/16/2025, prepared by WPL,with the primary exterior building materials and their color palettes being as designated, depicted and described thereon (hereinafter "Architectural Elevations & Details"). The Architectural Elevations & Details Exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference. 3. When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Connmonnwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty(30)days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces,common areas,landscaping and other improvements on the Property as depicted on the Concept Plan. Membership,by all residential unit owners,in the Condominium Association shall be mandatory. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the A-12 Apartment District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. 3 The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginnia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions 4 may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Deparhnent, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Brikel, LLC, a Virginia limited liability company By: (SEAL) i a ger STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Z6rn, day of March, 2025, by Brian C. Large, Manager, of Brikel, LLC, a Virginia limited liability company, Grantor. _k'�4 :�-A — Notary Public eiB00,s My Commission Expires: August 31, 2026 ee°° �C . 4I ;,e, Notary Registration Number:192628 �.•°`Z;:o�'� AtTy f M�;O g26 Q �Y - P®®[�bti•., OF IVOTW ••eentt++� 6 WITNESS the following signature and seal: Grantor: (SEAL) Alton Neal Edwards,Jr. STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this day of April,2025, by Alton Neal Edwards,Jr.,Grantor. No ry Public My Commission Expires: gtA 2� 0' Notary Registration Number: "j111o01Ph��'''% NOTARY••''•.d PUBLIC =n REG.#7804519 ,Q 0 MY COMMISSION• EXPIRES Feb.28,2028 FAr_i'N ''''���II H 11111 HIII► 7 WITNESS the following signature and seal: Grantor: (SEAL) Traci Edwards Tuell STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this day of April, by Traci Edwards Tuell,Grantor. % � . o ary Public My Commission Expires:_ �"t m Notary Registration Number: ,o° y.00lph �. �` •o'o • • NOTARY• :y PUBLIC Of REG.#78W519 . O ' MYCOMMISSION� Q y '• EXPIRES J' 2 d% Feb.28,2028 C? 8 WITNESS the following signature and seal: Grantor- (SEAL))Christel Louise Edwards STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: , .� The foregoing instrument was acknowledged before me thus -�' ' day of April, by Christel Louise Edwards,Grantor. N t ry Public My Conunission Expires: , ph Notary Registration Number: °��y p�... e0�,��,, NOTARY d PUBLIC n REG.A78O519 : Q a 0 . MY COMMfSSION: Z ?, EXPIRE: '., Feb id,L�Y6,r 0 rrrrllgll111141\11\\\ 9 EXHIBIT "A" All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beads, State of Virginia and being that parcel designated "3" on that certain"PLAT OF PROPERTY OWNED BY BAYSIDE CORP.Princess Anne Co.VA" prepared by S.W. Armistead dated Jan. 1941 as recorded on January 16, 1941 in the Office of the Clerk of the Circuit Court of Princess Anne County, now the City of Virginia Beads, in Map Book 12, at Page 72. GPIN: 1570-40-8357-0000 H:\AM\'Conditional Rezoning\-Brikel\Pleasure House Road\Proffer Agreement.docx 10 60 ITEM— VI.K.7 PLANNING ITEMS ITEM#77764 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED,BY CONSENT,application of GREEN CLEANHOLDINGS,LLC-JOE BERTUCCI /GRANITE PEAK PROPERTY INVESTMENT LP& NG20 LP for a Conditional Use Permit re car wash facility at 1373 North Great Neck Road DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGI1VL4 GREEN CLEANHOLDINGS,LLC-JOEBERTUCCl/GRANITE PEAK PROPERTY INVESTMENT LP & NG20 LP for a Conditional Use Permit re car wash facility at 1373 North Great Neck Road(GPIN.-2408187455)DISTRICT 8 The following conditions shall be required.• 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach, VA", prepared by Kimley- Horn, and dated September 19, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The building will be constructed in substantial conformance with the submitted colored elevations entitled "Green Clean Express Auto Wash: 1373 Great Neck Road, Virginia Beach, VA"prepared by SBA Studios, and dated August 5, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. The proposal shall maintain the existing structure and materials with exceptions for new fenestration, awnings, and signage as shown in the referenced elevations. 3. The attendant booth displayed on the concept site and landscaping plan referenced in Condition 1, shall be in substantial conformance with the rendering entitled "Green Clean Express:Attendant Booth Designs", dated September 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The dumpster enclosure shall be in substantial conformance with the rendering entitled "Proposed Dumpster Enclosure", dated April 07, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. The vacuum stations shall have an all-gray assembly, including hoses, receptacles, black posts, as depicted in the graphic "Vacuum Schematic and Elevation"as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. November 18, 2025 61 ITEM— VI.K.7 PLANNING ITEMS ITEM#77764 (Continued) 6. Lights in the vacuum stations shall be turned off at the end of the business day. 7. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 8. Final design of the pay stations is subject to review and approval by the Planning Director during site plan review. 9. No window or outdoor advertising banners,pennants,streamers, or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 10. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 11. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 12. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`"day of November Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 B2 r O R10 B2 R20, R15 Site N Zoning Green Clean Holdings, LLC - Joe Bertucci WE 0 Property Polygons 1373 N Great Neck Rod s Feet 0 25 50 100 150 200 Map created by Planning Department on 10/14/2025 62 ITEM— VI.K.8 PLANNING ITEMS ITEM#77765 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of SMALL CIRCLE TATTOO / VISCORP for a Conditional Use Permit re tattoo parlor at 979 Chimney Hill Shopping Center, Unit 103 DISTRICT 10 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 SMALL CIRCLE TATTOO / VISCORP for a Conditional Use Permit re tattoo parlor at 979 Chimney Hill Shopping Center, Unit 103 (GPIN.• 1486541674)DISTRICT 10 The following conditions shall be required: 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 979 Chimney Hill Shopping Center, Suite 103. 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted.A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18'h day of November Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse, Joashua E "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 B2 HoQ-4Nt)RD HOQgN HOQ-4 iVO R B2 ® Site " p zoning Small Circle Tattoo w,d ,� Property Polygons 979 Chimney Hill Shopping Center, Unit 103 Feet 0 15 30 60 90 120 Map created by Planning Department on 10/14/2025 63 ITEM— VI.K.10 PLANNING ITEMS ITEM#77766 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of BESSEM O. & MUKONG ADESO for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Suite 1002 DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA BESSEM O. &MUKONG ADESO for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Suite 1002 (GPIN.- 24273224032090)DISTRICT 5 The following conditions shall be required: L The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue,Suite 1002,and the Short-Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 23 03(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short-Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two(2)residentpasses only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short-Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short-Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short-Term Rental is located. This Short-Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator mustprovide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. November 18, 2025 64 ITEM— Vig 10 PLANNING ITEMS ITEM#77766 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. 9. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 Tres on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage, except architectural signs naming the structure or other signs as permitted under Sec.211 shall be permitted on-site, except that each short term rental shall have one(])four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. November 18, 2025 65 ITEM— VI.K.10 PLANNING ITEMS ITEM#77766 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7.00 a.m. ("Overnight Lodgers'9 shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16,provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a. A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five(5)years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 19. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks,porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five(5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. November 18, 2025 66 ITEM— VI.K.10 PLANNING ITEMS ITEM#77766 (Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`"day of November Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 18, 2025 7a r .► OR(STR-OR) Q rn 4TH sT U n M y QR n } �L OR(STR-OR) Q Q OR(STR-OR) rOR(STR-OR) ® site " O zoning Bessem O & Mukong Adeso W _ E 0 Property Polygons 303 Atlantic Avenue, Suite 1002 s Feet 0 25 50 100 150 200 Map created by Planning Department on 10/14/2025 67 ITEM— V1 L APPOINTMENTS ITEM#77767 BYCONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CHESAPEAKE BAYAREA PRESER VA TION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SER VICES BOARD DEFERRED COMPENSATION BOARD HEALTH SERVICES AD VISOR Y BOARD HISTORIC PRESERVATION COMMISSION MILITARYECONOMICDEVELOPMENTADV COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD November 18, 2025 68 ITEM— VI.L APPOINTMENTS ITEM#77768 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: TIM CROWLEY Unexpired term thru 613012027 ARTS AND HUMANITIES COMMISSION Voting: 9- 0 Council Members Voting Aye: Stacy Cummings,Mayor Robert M. Dyer, David Hutcheson, Cal "Cash"Jackson- Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi Barbara M. Henley November 18, 2025 69 ITEM— VI.L APPOINTMENTS ITEM#77769 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: TINA GUS TIN Three year term 1111812025—1013112028 HEALTH SERVICES ADVISORY BOARD Voting: 9- 0 Council Members Voting Aye: Stacy Cummings,Mayor Robert M. Dyer, David Hutcheson, Cal "Cash"Jackson- Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi Barbara M. Henley November 18, 2025 70 ITEM— VI.L APPOINTMENTS ITEM#77770 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ISIDRO BARREA LUZANGELA CAMPOS ARNETTA SPIKES INDEPENDENT CITIZEN REVIEW BOARD *In accordance with the City of Virginia Beach Independent Citizen Review Board Policy and Procedures, these appointments are conditioned on each appointee's completion of required training, at which time the appointee's term will begin. Voting: 9- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M.Dyer, David Hutcheson, Cal "Cash"Jackson- Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi Barbara M. Henley November 18, 2025 71 ADJOURNMENT ITEM#77771 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 7:53 P.M. Terra . elius Chief Deputy City Clerk Amanda Barnes, AMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia November 18, 2025 72 OPENDLALOGUE The following registered to speak: Alison Goss, 1857 Kempsville Crossing Lane, Phone:831-238-3356, did not respond Katherine Howell, 5809 Coastal Point Drive, Phone: 817-524-5 73 7, expressed concern for low-income families having affordable healthcare Noah Meyers, 4520 Medford Court, Phone: 769-9421, expressed concern that unsafe practices are occurring at the Virginia Beach Animal Control and Adoption Center with too many surgeries performed daily and short staffing levels Keena Carson, 5121 Middlebrook Court, Phone: 814-7136, requested City Council's support and funding for the L.A.M.B. Foundation's Juneteenth at the Beach event David Leader, 5121 Middlebrook Court, Phone: 850-586-9198, requested City Council's support and fundingfor the L.A.M.B. Foundation's Juneteenth at the Beach event Tim Worst, 2556 Entrada Drive, Phone:353-1555, requested City Council not to sell the Virginia Beach National Golf Course. Sally Ward, 701 Driskill Court, Phone: 40 7-2 74-3324, expressed her concern of over-development in her Woodstock neighborhood and requested City Council's support for VDOT to install a sound wall. Adjourned at 8:12 P.M. November 18, 2025