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Home My WebLink AboutDECEMBER 9, 2025 FORMAL SESSION MINUTES tl 'F,grs'�a� s; ��,eye of OUR Npt�O VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia DECEMBER 9,2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, December 9, 2025, at 3:01 P.M. Council Members Present: Michael F. Berlucchi, 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: Stacy Cummings- Vacation 2 CITY COUNCILS BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2025 ITEM#7782 7 3:01 P.M. Mayor Dyer welcomed Shelby Brown,Audit Manager—Cherry Bekaert Advisory,LLC, Wendy Hu, Interim Director and Kevin Kielbasa, Controller—Finance. Ms. Hu expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms. Brown, Ms. Hu and Mr. Kielbasa for the presentation. December 9, 2025 CITY OF VIRGINIA BEACH Audit Executive Summary December 9, 2025 �.'► Cherry Bekaert"` Your Guide forward Results of the Audit Financial Statements: We have audited the financial statements of City of Virginia Beach (the "City"), as of and for the year ended June 30, 2025, and we have issued an unmodified opinion on the financial statements in our report thereon dated December 4, 2025. Government Auditing Standards ("GAS") and the Commonwealth of Virginia's Auditor of Public Accounts ("APA") Specifications for Audits of Counties, Cities, and Towns: We identified no instances of noncompliance required to be reported under GAS or the APA Specifications. We identified no material weaknesses in internal control over financial reporting. Uniform Guidance: The Single Audit is in process. The OMB Compliance Supplement was issued at the end of November, which has delayed the completion of the Single Audit. We will issue a report on compliance for each major federal program. In that report we will report on internal control over compliance in accordance with the Uniform Guidance. 2 Difficulties Management Encountered Consultations Disagreements Other Findings with Management or Issues Auditor Fraud and Consultations Illegal Acts Management Going Representations Concern Questions Contacts Laura Harden, CPA Shelby Brown, CPA Audit Director Audit Manager Iharden(a)cbh.com shelb y.brown cbh.com About Cherry Bekaert "Cherry Bekaert"is the brand name under which Cherry Bekaert LLP and Cherry Bekaert Advisory LLC,independently owned entities,provide professional services in an alternative practice structure in accordance with applicable professional standards.Cherry Bekaert LLP is a licensed CPA firm that provides attest services,and Cherry Bekaert Advisory LLC and its subsidiary entities provide tax and advisory services.For more y,{ details,visit cbh.com/disclosure. ■ This material has been prepared for general informational purposes only and is not intended to be relied upon as tax,accounting,or other ❑ to■► Cherry B e ka e rt I v professional advice.Before taking any action,you should consults professional advisor familiar with your particular facts and circumstances. c b h.C o m Your Guide Forward 4 r a ✓ 4 I Zl c AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2025 Department of Finance I December 9, 2025 CITY OF VIRGINIA BEACH ACKNOWLEDGEMENTS Annual Comprehensive • Senior Staff: Financial Report Kristin Bradley Blake Huffman For Fiscal Year Ended June 30,2025 Virginia Beach'Virginia ! • Accounting Team : Clifford Chewning Kim Mattos • Katrina Flowers Howie McEntee ;f k Prakriti Guragain Kelley Peroe , Stacy Hershberger • Anne Potwine 8 3 Support Staff k` Bonnie Castellow F • Jessa Johnson • VB Communications Office BEACH VIRGINIA • Overview of FY 2025 Audited Financial Results • Net Position — All City Funds • General Fund • Enterprise Funds • Long-term Debt — Annual Required Payments 3 Annual Comprehensive ReportFinancial G� (a+s<mmrnr Fwma<IMktts Asxttarwn (ia,<nmKrvl tmamm<(NTii:n isx%�alian Certificate of Achievement Award for for Excellence r,;, a Outstanding in Financial Achievement in II Popular Annual Reporting I� �` financial Reporting Pc WJ In City ofV 1 Pr<Kv,kd 10 rQ.,11118 t;eaCtl City or Virginia Beach ..se.Mlp�. ."""..+rv "^� "„s.4 FnrmAICumpchcmnr POPULAR ANNIJA' $�„ •.c= ems'` F'n�niol R ryr�n Farm Am t r-i iwj, Financial 1 Report STATEMENT OF NET POSITION - ALL CITY FUNDS JUNE i 2025 (IN MILLIONS) CITY SCHOOLS 2025 2024 2025 2024 Current Assets $ 1,769.5 $ 1,869.3 $ 379.0 $ 414.9 Capita I Assets 5,313.6 5,096.9 666.2 638.9 Total Assets 7,083.1 6,966.2 1,045.2 1,053.8 Deferred Outflows of Resources 201.3 187.6 223.6 195.3 Current Liabilities 148.4 177.3 137.6 155.6 Net Pension Liability 437.7 436.4 462.4 484.7 Net OPEB Liability 73.2 78.6 144.3 152.3 Other Long-Term Liabilities 1,790.0 1,832.1 144.6 139.1 Total Liabilities 2,449.3 2,524.4 888.9 859.2 Deferred Inflows of Resources 142.9 136.3 123.8 106.3 Net Position: Net Investment in Capital Assets 3,802.9 3,524.6 658.2 630.3 Restricted 364.6 257.9 34.8 35.3 U nrestricted 524.7 710.8 (436.9) (454.6) Total Net Position $ 4,692.2 $ 4,493.3 $ 256.1 $ 211.0 5 .M � � MILLIONS) ADOPTED AMENDED ACTUAL % OF BUDGET BUDGET ACTUAL VARIANCE AMENDED BUDGET LOCAL $ 1,291.1 $ 1,291.3 $ 1,325.8 $ 34.5 2.77/0 STATE 188.2 198.2 199.3 1.1 0.6% FEDERAL 25.5 26.2 31.0 4.8 18.3% TOTAL REVENUES 1,504.8 $ 1,515.7 $ 1,556.1 $ 40.4 2.7% CITY 993.5 1,059.4 949.4 110.0 10.4% CITY CAPITAL PROJECTS 33.1 69.9 69.9 - 0.0% SCHOOLS 471.4 482.4 444.3 38.1 7.9% SCHOOLS CAPITAL PROJECTS 11.0 21.0 21.0 - 0.0% TOTAL EXPENDITURES 1,509.0 $ 1,632.7 $ 1,484.6 $ 148.1 9.1% OTHER FINANCING SOURCES 1.0 1.0 2.6 1.6 REVENUES OVER (UNDER) (3.2) $ (116.0) $ 74.1 $ 190.1 YEAR END FUND BALANCE 442.3 LESS: RESERVATIONS (263.9) TOTAL UNASSIGNED FUND BALANCE $ 178.4 *11.5%of FY2026 Budgeted Revenues 6 BALANCETOTAL FUND MILLIONS) Total Fund Balance June 30, 2025 $ 442.3 Less Reservations: Inventories & Loans Receivable 10.8 Community Services Board Restricted Funds 8.7 School Reserve Fund 24.4 School Reversion 38.1 School Revenue True-Up 7.5 Carryforwards and Encumbrances 35.3 Flood Protection Referendum Fund 80.0 Storm Water Dedication 14.0 Trust and Gift Funds 2.1 FY 2026 City CIP Budget 36.5 Other uses of Fund Balance in FY 2026 6.5 263.9 Total Unassigned Fund Balance FY 2025 $ 178.4 % of FY 2026 Budgeted Revenues 11.5% 7 UNASSIGNED AL FUND C • i, JUNE 301, 2016, THROUGH $250.0 13.00% 13.50% 1 000 _ 14.0% 12.60% — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 12.0% $200.0 $196.1 11.50 T 10 10°/ 10.20° $186.2 ,L►�" $180.3 $178.4 9 10.0% 10.50% . °/° � ° $152.8 v c $150.0 _ __ Qj Qj o — — — — — — — — — — — — — — — — — — U_ $118.4 $121.3 N $114.3 � L $107.1 $111.0 ; v o $100.0 6.0% a Co 0 4.0 $50.0 _.. _ 2.0% 0.0% 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 —Unassigned General Fund Balance _ of Budgeted General Fund Revenue 8 .�. TOTAL REVENUES GENERAL FUND JUNE 30, 2025 COMPARED TO PRIOR YEAR FY 2025 FY 2024 AMENDED FY 2025 FY 2025 FY 2025 AMENDED FY 2024 FY 2024 BUDGET YTD ACTUAL $ VARIANCE %VARIANCE BUDGET YTD ACTUAL %VARIANCE REAL ESTATE TAXES $ 732.6 $ 730.0 $ (2.6) 99.6% $ 701.4 $ 698.3 99.6% PERSONAL PROPERTY TAXES 153.3 165.5 12.2 108.0% 154.8 154.5 99.8% COMMONWEALTH-PPTRA 53.4 53.4 - 100.0% 53.4 53.4 100.0% GENERAL SALES TAX 93.3 95.4 2.1 102.3% 91.9 92.2 100.3% BUSINESS LICENSE 62.6 67.3 4.7 107.5% 58.7 62.1 105.8% UTI LI TY TAXES 42.3 42.9 0.6 101.4% 43.1 42.7 99.1% MEAL TAX 62.0 62.4 0.4 100.6% 58.7 59.9 102.0% HOTELTAX 11.5 11.2 (0.3) 97.4% 11.3 11.2 99.1% OTHER LOCALTAXES 32.6 31.2 (1.4) 95.7% 33.9 28.8 85.0% CHARGES FOR SERVICES 63.5 62.7 (0.8) 98.7% 63.2 64.7 102.4% OTHER LOCAL REVENUE 29.1 28.9 (0.2) 99.3% 26.4 28.0 106.1% INTEREST REVENUE 8.4 28.3 19.9 336.9% 4.4 21.9 497.7% COMMONWEALTH REVENUE 144.9 145.9 1.0 100.7% 140.6 139.5 99.2% FEDERAL REVENUE 26.2 31.0 4.8 118.3% 24.6 29.4 119.5% TOTAL GENERAL FUND REVENUE $ 1,515.7 $ 1,556.1 $ 40.4 102.7% $ 1,466.4 $ 1,486.6 101.4% 9 'n` • FUN 2025 COMPARED • PRIOR YEA`` 500,000,000 450,000,000 400,000,000 350,000,000 300,000,000 250,000,000 200,000,000 _ 150,000,000 _ _ 100,000,000 50,000,000 Transfers- Salaries Operating Fringe Transfers- Debt Service Transfers- Capital Schools Expenses Benefits CIPs Other Funds Outlay ®2025 02024 10 • WATER AND STORM WATER WASTE PARKING TOTAL SEWER MANAGEMENT CASH AND INVESTMENTS $ 133.6 $ 29.1 $ 11.0 $ 5.2 $ 178.9 CASH AND INVESTMENTS-RESTRICTED 43.2 123.9 - - 167.1 RECEIVABLES 18.4 5.8 5.2 29.4 INVENTORY 4.4 0.2 - - 4.6 CAPITAL ASSETS 751.2 611.3 6.6 3.9 1,373.0 DEFERRED OUTFLOWS 10.0 2.3 2.8 0.2 15.3 TOTAL ASSETS+ DEFERRED 960.8 772.6 25.6 9.3 1,768.3 CURRENT LIABILITIES 29.3 13.1 2.6 0.7 45.7 BONDS AND NOTES PAYABLE 163.3 204.3 - - 367.6 OTHER LONG-TERM LIABILITIES 7.1 0.7 1.2 3.3 12.3 NET PENSION LIABILITY 23.4 5.4 6.5 0.5 35.8 NET OPEB LIABILITY 2.0 0.5 0.7 0.0 3.2 DEFERRED INFLOWS 4.6 1.4 1.3 0.1 7.4 TOTAL LIABILITIES+ DEFERRED 229.7 225.4 12.3 4.6 472.0 NET INVESTMENT IN CAPITAL ASSETS 584.6 445.8 6.6 0.3 1,037.3 CAPITAL PROJECTS - 35.8 - - 35.8 FUTURE DEBT SERVICES 21.4 14.5 - - 35.9 UNRESTRICTED(DEFICIT) 125.1 51.1 6.7 4.4 187.3 TOTAL NET POSITION $ 731.1 $ 547.2 $ 13.3 $ 4.7 '$ 1,296.3 11 ENTERPRISE" OF REVENUES, EXPENDITURES AND CHANGES IN NET POSITION AT J U N E 301 2025 • WATER AND STORM WASTE SEWER WATER MANAGEMENT PARKING CHARGES FOR SERVICES $ 146.1 $ 46.8 $ 45.9 $ 5.4 MISCELLANEOUS 0.07 - 0.9 - OPERATING REVENUE 146.1 46.8 46.8 5.4 COST OF GOODS SOLD 37.1 - 0.4 - PERSONNEL SERVICES 36.0 8.8 12.7 0.7 OPERATING EXPENSES 40.1 10.3 30.6 4.1 DEPRECIATION 27.6 11.4 3.3 0.3 OPERATING EXPENSES 140.8 30.5 47.0 5.1 INTERESTAND FISCALAGENT FEES (4.9) (4.1) - (0.6) OTHER NONOPERATING REVENUES 11.2 3.3 0.6 0.3 NONOPERATING REV AND EXP 6.3 (0.8) 0.6 (0.3) CAPITAL CONTRIBUTIONS 8.0 41.3 - - TRANSFERS IN (OUT) - - - (0.4) CHANGE IN NET POSITION $ 19.6 $ 56.9 $ 0.4 $ (0.5) 12 LONGTERM DEBT ANNUAL PAYMENTS FY 2025 FY 2024 Principal Retirement $ 105.1 $ 112.1 Interest 43.2 46.1 City Pension - Employer Contributions 82.3 72.6 School Pension - Employer Contributions 77.5 84.6 City OPEB - Employer Contributions 12.4 12.4 School OPEB - Employer Contributions 19.4 19.2 13 THANK YOU QUESTIONS? CITY CIF VIRGINIA .•_,,., BEACH 14 3 CITY COUNCIL COMMENTS/DISCUSSION/INITIATIVES ITEM#77828 3:26 P.M. Council Member Henley advised she held her monthly District 2 Forum on December 4`"and was pleased to see how many people attended and are interested in being involved. Council Member Henley advised many residents expressed frustration about not having meaningful opportunities to participate early in planning process and are limited to providing input until after a plan has been made. Council Member Henley referenced the breakout groups held during the first Interfacility Traffic Area(ITA) Transition Area planning effort where citizens were asked what they wanted and believes it was a valuable part of the process that should be done more often, such as during the process to update the Comprehensive Plan. Council Member Henley advised there are a lot of concerns about the Virginia Beach National Golf Course and shared that some residents felt blindsided when the Request for Proposal (RFP) went out before they had an opportunity to provide input. Council Member Henley suggested since the Body has not made any decisions, to restart the process to allow public engagement and ensure transparency. Council Member Henley expressed she is encouraged by the number of people who are informed and want to be involved, emphasizing it is essential to allow citizen participation early in the planning process, in a fashion that is meaningful, so citizens feel that it is worthwhile to participate. Mayor Dyer expressed agreement with Council Member Henley about the importance of early and meaningful public engagement, adding, Council Members across all Districts have been actively holding meetings and gathering input throughout the City. Mayor Dyer referenced the Virginia Beach National Golf Course and advised after the City received unsolicited proposals, it was decided it would be best to issue a public RFP which disclosed information on what was being considered and allow public input. Mayor Dyer advised the City routinely provides multiple avenues for input, including District Town Hall Meetings, collaborative sessions among Council Members and formal Public Hearings during the budget process and planned projects. Mayor Dyer referenced the Atlantic Park project where there were 65 public engagement sessions held prior to finalizing the term sheet. Mayor Dyer advised public input is always welcomed and is part of the Focus Action Plan. Council Member Schulman advised he has had diff cultprojects in his District and held Town Hall Meetings to gather input, and with a couple more coming up, has invited staff from Public Works to attend Town Hall Meetings to provide additional information. Council Member Schulman explained when engagement occurs before all details are known, staff are often unable to answer every question, which can leave residents feeling that information is being withheld, and then in contrast, when the City waits to engage until it has all of the information, residents may feel that the process is moving forward without their input. Council Member Schulman explained that finding the right balance between early and late public engagement can be difficult but believes the Body works to do the best they can. Council Member Schulman briefly shared his personal connection to Virginia Beach National Golf Course and understands how it is important to the community. Council Member Schulman explained after the City received unsolicited proposals, the Body held a discussion during Closed Session, as it normally does to review and discuss questions and concerns. Council Member Schulman advised by the time the matter came back for further December 9, 2025 4 CITY COUNCIL COMMENTS/DISCUSSION/INITMTIVES ITEM#77828 (Continued) consideration, additional interested parties had surfaced and the Body decided that the only way to bring the issue out of Closed Session and open to the public was to release an RFP. Council Member Schulman acknowledged that the public likely read the RFP literally as a request for proposals, when in reality it served more as a response to the unsolicited ideas the City had already received. Council Member Schulman explained the intent was to ensure transparency and give residents a chance to respond and believes the Body is working hard to respond thoughtfully and responsibly. Council Member Henley asked what the next steps are in the RFP process? City Manager Duhaney advised staff is currently reviewing all of the RFP' and once complete, staff will compile the information andprovide the Body apresentation during a Closed Session to obtain City Council direction on how to proceed. City Manager Duhaney explained that any change to the existing structure of the RFP would require a public vote by City Council, or if applicable, the Virginia Beach Development Authority (VBDA). City Manager Duhaney advised the Body has been clear that the golf course must remain publicly accessible and the lease terms with First Tee will be honored. December 9, 2025 5 CITY COUNCIL COMMENTSIDISCUSSION/INITIATIVES ITEM#77829 (Continued) Council Member Jackson-Green advised on December 20'", he will hold the first District 7 Job Fair at the Kempsville Recreation Center from 12:00—2:00 P.M. Council Member Jackson-Green welcomed anyone across the City to attend and shared that the goal is to help families secure the employment they need and show them that they are not alone. Council Member Jackson-Green advised that no tax dollars are being used for the event and it is a community-driven effort he believes is important to help residents move confidently into 2026 December 9, 2025 6 CITY COUNCIL COMMENTS/DISCUSSIONANITMTIVES ITEM#77830 (Continued) Council Member Berlucchi advised last week he had the privilege of attending the 2025 North American Summit Against Anti-Semitism, describing it as an honor and an important opportunity to better understand the serious and evolving threats posed by anti-Semitism in the United States and around the world. Council Member Berlucchi advised that the summit offered valuable best practices and reaffirmed the notion that every person has the right to live safely and with dignity in their own community. Council Member Berlucchi believes that based on what he learned, the City is in a strong position to combat anti-Semitism due largely to the leadership and advocacy of the Jewish community in Hampton Roads, including the United Jewish Federation of Tidewater, the Simon Family JCC, Jewish Family Services, and related organizations working in partnership with City leadership and federal partners. Council Member Berlucchi advised that he intends to share insights from the summit with the community and encouraged the Body to stand against hate and discrimination in all forms. December 9, 2025 7 CITY COUNCIL COMMENTSIDISCUSSION/INITIATIVES ITEM#77831 (Continued) Council Member Berlucchi advised he, Council Member Cummings and Delegate Anne Ferrell Tata will host a joint Town Hall Meeting on December 17'h at the Central Library from 6:00 - 7:30 P.M. Council Member Berlucchi advised Kevin Chatellier, Budget Director, City Treasurer Leigh Henderson, and City Real Estate Assessor Sue Cunningham will participate in the discussion focused on affordability. December 9, 2025 8 CITY COUNCIL COMMENTSIDISCUSSIONIINITMTIVES ITEM#77832 (Continued) Vice Mayor Wilson advised last Saturday evening, she had the distinct honor ofparticipating in the Holiday Parade with the Sheriff's Department, who had their own Santa. Vice Mayor Wilson advised she was impressed to see so many people come out for the parade given how cold as it was, adding, seeing the streets filled with families and their pets created a festive atmosphere and holiday spirit. December 9, 2025 9 CITY COUNCIL COMMENTS/DISCUSSIONIINITMTIVES ITEM#77833 (Continued) Mayor Dyer advised last Friday, he and City Manager Duhaney attended the U. S.Navy and Marine Corps 250 Birthday Ball and he was honored to serve as a guest speaker. Mayor Dyer expressed his pride in the City's military presence and its significant role in national security, explaining he and Vice Mayor Wilson attend quarterly meetings with military leaders from Naval Air Station Oceana and Joint Expeditionary Base Little Creek-Fort Story. Mayor Dyer advised the City received compliments from military leaders for being a community where service members want to live and raise their families which was also recognized by WalletHub who declared the City as the Most Caring City in the U.S.for 2025. Mayor Dyer credited the residents who contribute their time, talent, and resources through numerous faith- based organizations and their commitment to caring for neighbors, the elderly and those with disabilities. December 9, 2025 10 AGENDA REVIEW SESSION ITEM#77834 3:46 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L ORDINANCES/RESOLUTION, 1. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Echoes of Healing 2. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Foodbank of Southeastern Virginia 3. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Maverick Learning Center 4. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Philippine Nurses Association of Virginia 5. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Protecting Paws in Peril 6. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Quality of Life, Inc. 7. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re the Micro-Nonprofit Network,Inc. 8. Ordinance to AMEND the FY2025-26 Capital Improvement Program (CIP)for Flood Protection 9. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-Owned property for up to five (5)years with Back Bay Wildfowl Guild, Inc. at 1113 Atlantic Avenue re the deWitt Cottage 10. Ordinance to DIRECT the City Manager to implement changes to Oceanfront parking and to A UTHORIZE within the Department of Public Works FY2025-26 Parking Enterprise Fund Operating Budget one (1)full-time position 11. Ordinance to AMEND Section 21-322 and REPEAL Section 21-323 of the City Code re metered parking 12. Ordinance to AMEND City Code Section 21-230 re traffic calming at Timberlake Drive 13. Ordinance to ELIMINATE the loan repayment obligation from various volunteer rescue squads for loans provided prior to November 2024 14. Resolution to ADOPT the 2025 Disaster Recovery Plan 15. Ashdon Builders 1, LLC for an APPEAL to the Historical Review Board decision to deny application Certificate of Appropriateness re #25-12 to install white vinyl fencing in the North Landing Estates development for the properties at 2508-2524 Peaceful Lane DISTRICT 2—(deferred from September 16, 2025) APPLICANT REQUESTS WITHDRAWAL L ORDINANCES I RESOL UTION.• ITEM #15 WILL BE CONSIDERED FOR WITHDRAWAL December 9, 2025 11 AGENDA REVIEW SESSION ITEM#77834 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENTAGENDA: J. PLANNING: 1. PROSPER HOMES & INVESTMENTS, LLC for a Variance to Section 4.4(b) of Subdivision Regulations re lot width and street line frontage at 2453 Beaufort Avenue DISTRICT 9 2. BRIAN PATRICK MOONEY&AMBER MARIE MOONEY for a Change in Nonconformity re modify front elevation and roof, add a raised pool deck and retaining walls, and relocate mechanical equipment at 2618 West Chubb Lake Avenue DISTRICT 9 3. CESJB II,LLCfor a Modification of Conditions to a Conditional Use Permit re short term rental at 409 241"%Street DISTRICT 6 4. STEPHENALEXANDER HOMES,LLC/PRINCESSBORO DEVELOPMENT COMPANY, INC.for a Conditional Change of Zoaftftom AG-1&AG-2 Agriculture District to Conditional R-10 Residential District re develop fourteen (14) single-family residential lots on the parcel south of 1925 Fisher Arch DISTRICT 2 5. LYNNHAVEN STATION CONDOMINIUM ASSOCIATION BY GLOBAL CINEMATIC SOCIETY, LLC & HARBOUR INVESTMENTS, LLC/ GLOBAL CINEMATIC SOCIETY, LLC, & HARBOUR INVESTMENTS, LLC for a Conditional Change of Zoning 0-2 Office District to Conditional B-2 Community Business District at 101 & 105 North Lynnhaven Road, Unit 105 DISTRICT 3 6. BRIANNA QURESHI— STUDIO CITRINE, LLC/HOLLAND OFFICE PARK, LLC for a Conditional Use Permit re beauty salon at 4510 Holland Office Park, Suite 507 DISTRICT 3 7. STEPHEN BRUCE/REGENT UNIVERSITY for Conditional Use Permits re indoor/outdoor recreational facilities to develop athletic and fitness complex at 1328, 135Z 1354, 1418, 1424, and 1446 Regent University Drive DISTRICT 7 8. ROBERT MILLS/ONE PERFECT DAY,LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1503 DISTRICT 5 9. Ordinance to AMEND Section 105 of the City Zoning Ordinance (CZO) pertaining to Nonconformides J. PLANNING: MAYOR DYER WILL ABSTAIN ONITEM#7 December 9, 2025 12 ITEM#77835 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: PUBLIC CONTRACT.-Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body,pursuant to Section 2.2-3 711(A)(29). • Project Prodigal Son • Project Periwinkle • Project 1800 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). • City Manager's Contract December 9, 2025 13 ITEM#77835 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 3:52 P.M. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings Break 3:52 P.M. — 4:15 P.M. Closed Session 4:15 P.M. — 5:42 P.M. December 9, 2025 14 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL DECEMBER 9, 2025 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, December 9, 2025, at 6:03 P.M. Council Members Present: Michael F. Berlucchi, 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: Stacy Cummings- Vacation INVOCATION.• Mayor Dyer MOMENT OF SILENCE PLEDGE OFALLEGL4NCE 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`"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. December 9, 2025 15 CITY COUNCIL DISCLOSURES: Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. December 9, 2025 16 V.F CERTIFICATION ITEM#77836 Upon motion by 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: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 a14G�NIA'BPA�,b 0 v S OF OUR NA �NS RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#77835 on Page 13 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Aman arnes, MMC City Clerk December 9, 2025 17 ITEM— V.G.l MINUTES ITEM#7783 7 Upon motion by Council Member Jackson-Green, seconded by Council Member Remick, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 25,2025 Voting: 9- 0 Council Members Voting Aye: 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 Abstaining: Michael F. Berlucchi Council Members Absent: Stacy Cummings December 9, 2025 18 ITEM— V.H FORMAL SESSIONAGENDA ITEM#77838 Mayor Dyer read the Speaker Policy and advised for items where only one (1) speaker is registered, the City Clerk will call the speaker, and they will be given a total of six (6) minutes to speak on all items. Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,BY CONSENT, Agenda Items Ordinances/Resolution I: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 (WITHDRAWN and Planning Items J.• 1,2,3, 4, 5, 6, 7, 8, and 9 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings J. PLANNING: MAYOR DYER WILL ABSTAIN ON ITEM#7 December 9, 2025 19 ITEM— V.L1 ORDINANCES/RESOLUTION ITEM#77839 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Echoes of Healing Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO DESIGNATE ECHOES OF HEALING 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Echoes of Healing; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Echoes of 12 Healing a charitable organization within the context of§ 6(a)(6) of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Echoes of Healing located within the City of 16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Echoes of Healing for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Echoes of Healing shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2028, Echoes of Healing shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Echoes of Healing cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2026. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL LFIC NCY: Commissioner of the Revenue i y ttorney's Office CA17054 R-1 November 17, 2025 20 ITEM— V L2 ORDINANCES/RESOLUTION ITEM#77840 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Foodhank of Southeastern Virginia Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO DESIGNATE FOODBANK OF 2 SOUTHEASTERN VIRGINIA AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Foodbank of Southeastern Virginia; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Foodbank 13 of Southeastern Virginia a charitable organization within the context of§ 6(a)(6) of Article X of 14 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Foodbank of Southeastern Virginia 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Foodbank of Southeastern Virginia for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Foodbank of Southeastern Virginia shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2028, Foodbank of Southeastern 31 Virginia shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d)that Foodbank of Southeastern Virginia cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day Of December , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL lCY: Commissioner of the Revenue ity ttorney's Office CA17055 R-1 November 17, 2025 21 ITEM— VL3 ORDINANCES/RESOLUTION ITEM#77841 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Maverick Learning Center Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO DESIGNATE MAVERICK LEARNING 2 CENTER AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Maverick Learning Center; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Maverick 13 Learning Center a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Maverick Learning Center located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Maverick Learning Center for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Maverick Learning Center shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2028, Maverick Learning Center 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Maverick Learning Center cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2026. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL Zhle��O CY: 5"Z Commissioner of the evenue ce CA17056 R-1 November 17, 2025 22 ITEM— V L4 ORDINANCES/RESOLUTION ITEM#77842 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Philippine Nurses Association of Virginia Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO DESIGNATE PHILIPPINE NURSES 2 ASSOCIATION OF VIRGINIA, INC., AS BEING EXEMPT 3 FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Philippine Nurses Association of Virginia, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Philippine 13 Nurses Association of Virginia, Inc., a charitable organization within the context of§ 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Philippine Nurses Association of Virginia, Inc., 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Philippine Nurses Association of Virginia, Inc., 23 for exclusively charitable purposes; 24 25 (b) that each July 1, Philippine Nurses Association of Virginia, Inc., shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue, 29 30 (c) that every three years, beginning on January 1, 2028, Philippine Nurses 31 Association of Virginia, Inc., shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d) that Philippine Nurses Association of Virginia, Inc., cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2026. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CIENCY: ommissioner of the Revenue torn y s Office CA17057 R-1 November 17, 2025 23 ITEM— V.I.S ORDINANCES/RESOLUTION ITEM#77843 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Protecting Paws in Peril Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO DESIGNATE PROTECTING PAWS IN 2 PERIL AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Protecting Paws in Peril; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Protecting 13 Paws in Peril a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Protecting Paws in Peril located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Protecting Paws in Peril for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Protecting Paws in Peril shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2028, Protecting Paws in Peril 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Protecting Paws in Peril cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2026. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: AP OVED AS TO LEGAL S FFI NCY: ommissioner of the Revenue rney s Office CA17058 R-1 November 17, 2025 24 ITEM— V L 6 ORDINANCES/RESOLUTION ITEM#77844 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Quality of Life, Inc. Voting• 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO DESIGNATE QUALITY OF LIFE, INC. 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Quality of Life, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Quality of 12 Life, Inc. a charitable organization within the context of§6(a)(6) of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Quality of Life, Inc. located within the City of 16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Quality of Life, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Quality of Life, Inc. shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue, 28 29 (c) that every three years, beginning on January 1, 2028, Quality of Life, Inc. shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Quality of Life, Inc. cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2026. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: RO ED AS TO LEGAL FFICI NCY: Commissioner of the Revenue4;;i�worn CA17059 R-1 November 17, 2025 25 ITEM— V L 7 ORDINANCESIRESOL UTION ITEM#77845 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re the Micro- Nonprofit Network,Inc. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO DESIGNATE THE MICRO- 2 NONPROFIT NETWORK AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to The Micro-Nonprofit Network; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The Micro- 13 Nonprofit Network a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by The Micro-Nonprofit Network located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Micro-Nonprofit Network for exclusively 23 charitable purposes; 24 25 (b) that each July 1, The Micro-Nonprofit Network shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2028, The Micro-Nonprofit 31 Network shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that The Micro-Nonprofit Network cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2026. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: ROVED AS TO LEGAL SUFF IENCY: Commissioner o t e Revenue i ttorney's Office CA17060 R-1 November 17, 2025 26 ITEM— V.L8 ORDINANCES/RESOLUTION ITEM#77846 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the FY 2025-26 Capital Improvement Program (CIP) for Flood Protection Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO AMEND THE FY 2025-26 CAPITAL 2 IMPROVEMENT PROGRAM FOR FLOOD PROTECTION 3 4 WHEREAS, On November 2, 2021, the residents of Virginia Beach approved the 5 Flood Protection Bond Referendum in the amount of$567.5 million; 6 7 WHEREAS, the City has received a guaranteed maximum price on a design-build 8 contract for seven Flood Protection Projects known as the "Mega Bundle" that exceeds 9 available appropriations within the projects; and 10 11 WHEREAS, the funding request exceeds 1% of the City's FY 2025-26 Capital 12 Improvement Program budget, so a public hearing on the proposed appropriation was 13 held on December 2, 2025; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA THAT: 17 18 1) $41,125,623 in Stormwater Revenue Bonds is hereby authorized and 19 appropriated, with revenue increased accordingly, to provide funding for capital 20 project #100521 "The Lakes - South London Bridge Creek Channels and Gate." 21 22 2) $13,988,208 is hereby appropriated from the Fund Balance of the General Fund, 23 with revenue increased accordingly, to provide funding for capital project#100521 24 "The Lakes - South London Bridge Creek Channels and Gate." 25 26 3) $11,800,000 in Referendum Charter Bonds are hereby appropriated, with revenue 27 increased accordingly, to the Flood Protection Section of the FY 2025-26 Capital 28 Improvement Program as outlined in Exhibit A. The authorization for these bonds 29 was included in the FY2025-2026 Capital Improvement Program debt 30 authorizations. 31 32 4) $63,939,955 in Public Facility Revenue Bonds are hereby authorized and 33 appropriated with revenue increased accordingly, to the Flood Protection Section 34 of the FY 2025-26 Capital Improvement Program as outlined in Exhibit A. 35 36 5) $272,768,478 in existing Flood Protection Program appropriations are hereby 37 transferred within the Flood Protection Section of the FY 2025-26 Capital 38 Improvement Program as outlined in Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of December 2025. Requires an affirmative vote by a majority of all members of the City Council. APP OVED AS TO CONTENT: VED AS TO LEGAL SUFFICIENCY: udget and Management Services ttorney's Office CA1 7064/R-1/November 19, 2025 Exhibit A:Summary of Transfers Transfers From: # Name Donor Amount 100603 Sandbridge/New Bridge Intersection Improvements 7,495,002 100551 Stormwater Green Infrastructure 34,100,000 100061 Central Resort District-24th Street Culvert 5,100,000 100062 Central Resort District Drainage Improvements 87,060,259 100548 Pungo Ferry Road Improvements 5,997,395 100596 Church Point/Thoroughgood BMP and Conveyance Improvements 32,139,893 100601 First Colonial Rd/Oceana Blvd Drainage Improvements 343,486 100602 West Neck Creek Bridge 66,763,223 100595 Lake Bradford/Chubb Lake Pump Station&Outfall 33,769,220 Total Transfers From 272,768,478 Referendum Charter Bonds 11,800,000 Public Facility Revenue Bonds 63,939,955 Total Referendum Transfers and Appropriations 348,508,433 Transfers To: # Name Transfer Amounts 100418 The Lakes-Holland Road Gate 28,745,917 100487 Windsor Woods Pump Station 79,702,083 100517 Princess Anne Plaza North London Bridge Creek Pump Station 135,966,876 100553 Windsor Woods-Thalia Creek/Lake Trashmore Imp. 33,192,969 100604 The Lakes Flood Barriers 41,288,162 100605 Windsor Woods Flood Barriers 29,612,426 Total Transfers To 348,508,433 27 ITEM— VL9 ORDINANCES/RESOLUTION ITEM#77847 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-Owned property for up to five (5)years with Back Bay Wildfowl Guild, Inc. at 1113 Atlantic Avenue re the deWitt Cottage Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO 5 YEARS WITH BACK BAY WILDFOWL 4 GUILD, INC. FOR CITY-OWNED PROPERTY 5 LOCATED AT 1113 ATLANTIC AVENUE, 6 VIRGINIA BEACH 7 8 WHEREAS, the City of Virginia Beach (the "City") acquired the property located 9 at 1113 Atlantic Avenue, commonly known as the deWitt Cottage (the "Property") from 10 the Virginia Beach Foundation on September 28, 1995; 11 12 WHEREAS, the City has been leasing the Property to the Back Bay Wildfowl 13 Guild ("Back Bay") since October 2000; 14 15 WHEREAS, the current lease term expired on October 22, 2025; 16 17 WHEREAS, Back Bay has continued to operate in the Property and desires to 18 enter into a new formal lease agreement with the City for the Property; 19 20 WHEREAS, City staff has determined that it is in the best interest of the City, its 21 citizens and its visitors that Back Bay continue to use the Property consistent with the 22 City's mission to preserve the historic nature of the Property; and 23 24 WHEREAS, the Property would be utilized for purposes which complement the 25 general level of culture of the City of Virginia Beach, including wildfowl exhibits and 26 related special events, meetings and receptions, operation of a gift shop, and exhibiting 27 furnishings and other items which are intended to preserve the historic nature of the 28 Property. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager is hereby authorized to execute a lease for up to 5 years 34 between Back Bay Wildfowl Guild, Inc. and the City for the Premises, in accordance 35 with the Summary of Terms attached hereto as Exhibit A and made a part hereof, and 36 such other terms, conditions or modifications as may be acceptable to the City Manager 37 and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 9 t h day of 40 December 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND RM City Attorney ub is Work / Real Estate CA16764 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d003\p052\01085606.doc R-1 November 20, 2025 EXHIBIT A SUMMARY OF TERMS Lease of City-owned Property located at 1113 Atlantic Avenue, known as the deWitt Cottage LESSOR: City of Virginia Beach LESSEE: Back Bay Wildfowl Guild, Inc. PREMISES: 1113 Atlantic Avenue TERM: 5 Years (January 1, 2026 through December 31, 2030) RENT: $1.00 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Lessee shall use Premises for operation and activities that preserve the historic nature of the deWitt Cottage and in a manner that complements the City's historic culture. • Lessee and its permitted assignees, subtenants or licensees shall be permitted to sell food and drinks on the Premises in conformity with all laws and ordinances applicable to said activities, and subject to the terms set forth in the Lease. • The Premises must remain open to the general public for at least 120 days and for a total of at least 1,000 hours per year. • Provide daily housekeeping services. • Purchase commercial general liability insurance with limits not less than $1,000,000 combined single limit (CSL). RIGHTS AND RESPONSIBILITIES OF LESSOR (CITY): • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks and landscaping. • Provide minimal weekly housekeeping services • Provide payment for all utility costs and fees as they pertain to electricity, heating, fuel, water, sewer and solid waste collection. • Retain the right to enter the Premises at any time for emergency repairs. 28 ITEM— i!I.10 ORDINANCES/RESOLUTION ITEM#77848 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to DIRECT the City Manager to implement changes to Oceanfront parking and to AUTHORIZE within the Department of Public Works FY 2025-26 Parking Enterprise Fund Operating Budget one (1)full-time position Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO DIRECT THE CITY MANAGER TO 2 IMPLEMENT CHANGES TO OCEANFRONT PARKING AND 3 TO AUTHORIZE A POSITION WITHIN THE DEPARTMENT 4 OF PUBLIC WORKS 5 6 WHEREAS, the Parking Enterprise Fund is responsible for staffing and all 7 operational costs to provide a comprehensive enforcement program at the Oceanfront ; 8 9 WHEREAS, the City Council has requested free or reduced parking for residents 10 of the City while maintaining revenue sustainability within the fund; and 11 12 WHEREAS, the Department of Public Works, Parking Management Office has 13 developed and presented to the City Council several recommendations for the 14 establishment of a resident parking program and to modernize existing rate structures; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA THAT: 18 19 1) The City Manager is hereby directed to implement the Resident Parking Program 20 and progressive pricing strategy as presented on November 25, 2025, including 21 described the program modifications and enhancements to be effective April 1, 22 2026. 23 24 2) 1.0 FTE is hereby established within the Department of Public Work's FY 2025-26 25 Parking Enterprise Fund Operating Budget for the implementation and 26 administration of the program. Adopted by the Council of the City of Virginia Beach, Virginia on the 9 t h day of December , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services I y orney's Office CA17069 R-1 December 1, 2025 29 ITEM— V.L11 ORDINANCES/RESOLUTION ITEM#77849 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 21-322 and REPEAL Section 21-323 of the City Code re metered parking Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO AMEND SECTION 21-322 2 AND REPEAL SECTION 21-323 OF THE CITY 3 CODE PERTAINING TO METERED PARKING 4 5 SECTION AMENDED: § 21-322 6 SECTION REPEALED: § 21-323 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-322 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained and Section 21-323 repealed to read as follows: 13 14 Sec. 21-322. Deposit of coin required; exemption for senior citizens; overtime 15 parking generally. 16 17 (a) When any vehicle shall be parked in any parking meter space designated as 18 provided in this division, the operator of such vehicle shall, upon entering such 19 space, immediately deposit, or cause to be deposited, one or more coins of the 20 United States of America in the parking meter adjacent thereto, and such space 21 may then be lawfully occupied by such vehicle during the period of parking time 22 calculated at an hourly rate in an amount to be determined by the city manager or 23 his designee, net to eXceed however,,-the rvmaximurn +im�SGFibed by eGtiOR 24 21 423. If such vehicle shall remain in such parking space beyond the period of 25 parking time calculated at an hourly rate in an amount to be determined by the city 26 manager or his designee, the parking meter shall display a sign or signal showing 27 illegal parking, in which event, the vehicle parked in such parking space shall be 28 considered as parked overtime and beyond the period of legal parking time. 29 30 (b) Notwithstanding the provisions of subsection (a) above, the City Manager or his 31 designee may issue a parking permit to any citizen of the City who is sixty-five (65) 32 years of age or older, which will allow the permittee to park in metered spaces in 33 the area commonly known as Rudee Inlet Loop Wayside without depositing a coin 34 or coins. 35 36 (c) It shall be unlawful for any person to cause, allow, permit or suffer any vehicle to 37 be parked overtime or beyond the period of legal parking time established for any 38 parking space provided for in this division. It shall likewise be unlawful for any 39 person to permit a vehicle to remain or to be parked in any parking space adjacent 40 to any parking meter installed pursuant to the provisions of this Division while such 41 meter is displaying a signal indicating that the vehicle occupying such parking 42 space has already been parked beyond the period of time prescribed for such 43 parking space. 44 45 (d) For purposes of this section, "coins" shall include all commercially acceptable 46 methods of payment. 47 48 . . . . 49 Sec. 21-323. Reserved. Parking for more—than three h 3tered spa 50 exemption for senior +izenc 51 52 Notwithstanding any ether provisions of this Divisien, and whether oF 110t GOMRS 53 have been deposited in a parking meteF, ne person shall park a vehiGle on any pa*j-n-g 54 spaGe in a paFkiRg meter zone established by this Division fOF IORgeF than three (3) hows 55 at any ene time. The three-hour limit shall not apply to any Gitizen of the Gity who is sixty 56 57 knGWR as Rudee inlet Wayside Leep and whe has been issued and displays a permi 58 obtained c;ndecF the provisions of Seeger 21 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of December , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6f jE� F- SA°&Umkx 1011q� Public Works City ey's Office CA17068 R-1 November 26, 2025 30 ITEM— VL12 ORDINANCESIRESOL UTION ITEM#77850 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 21-230 re traffic calming at Timberlake Drive Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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.- Stacy Cummings December 9, 2025 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10)Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12)Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13)Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14) Milburn Manor: Davis Street. 40 (15) Lake James: Lake James Drive. 41 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006: 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase, 56 Effective as of September 5, 2018: 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020: 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16, 2024: 68 (1) Linkhorn Park: Pinewood Road between the Little Creek Culvert to Holladay 69 Point. 70 Effective as of September 3, 2024: 71 (1) Charlestown Lakes: Beaufain Boulevard. 72 Effective as of December 10, 2024: 73 (1) Ocean Lakes/Culver Acres: Culver Lane. I 74 Effective as of August 12, 2025: 75 (1) Avalon Terrace: Avalon Avenue. 76 Effective as of December 9 2025: 77 (1) Bellamy Manor Estates: Timberlake Drive. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9 t h day of December 2025. I t 4PRAS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 3 3 rtment City Attorrieyl Office I APPROVED AS TO CONTENT: Public Works CA 17013 R-1 November 24, 2025 t i I I 31 ITEM— UZ13 ORDINANCES/RESOLUTION ITEM#77851 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ELIMINATE the loan repayment obligation from various volunteer rescue squads for loans provided prior to November 2024 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO ELIMINATE THE LOAN REPAYMENT 2 OBLIGATION OF INDIVIDUAL RESCUE SQUADS FOR 3 LOANS PROVIDED PRIOR TO NOVEMBER 2024 4 5 WHEREAS, the City of Virginia Beach has historically, at the request of individual 6 recipients, aided Volunteer Rescue Squads with financial support in the delivery of 7 Emergency Medical Services (EMS); 8 9 WHEREAS, one of the primary forms of support is to provide interest free loans to 10 purchase capital equipment with annual repayment occurring across multiple fiscal years 11 through annual donation revenue provided to the squads; 12 13 WHEREAS, due to the rising cost of delivering services combined with a decline 14 in volunteer squad donation revenue, the City dedicated 30% or $4.2 million of the FY 15 2025-26 estimated revenue associated with compassionate billing for EMS services to 16 the Virginia Beach Rescue Council for disbursement to the individual rescue squads; 17 18 WHEREAS, on September 17, 2025 the Virginia Beach Rescue Council passed a 19 resolution requesting the EMS Chief to pursue a financial plan to maximize the utilization 20 of dedicated compassionate billing funds for the needs of fleet vehicles; 21 22 WHEREAS, the proposed financial plan includes efforts to maximize resources 23 through fleet standardization with the goal of lowering maintenance cost, utilizing the 24 annual dedication to support and secure future loans in partnership with the City, and 25 seek forgiveness loan balances with an origin date before November 14, 2024; 26 27 WHEREAS, the total remaining balance of these loans totals $1,031,236.63 with 28 a current year combined payment from various rescue squads totaling $369,724; and 29 30 WHEREAS, forgiving the loan payment will reduce the anticipated repayment into 31 the City's General Fund having small impact on the fund balance; 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA, THAT: 35 36 1) The combined loan repayment amount of $369,724 due in FY 2025-26 with 37 future year repayment obligations totaling $661,513 is hereby forgiven for the 38 following rescue squads: 39 a. Ocean Park Volunteer Rescue Squad in the amount of $35,000 for a 40 loan originating on 11/15/2016 to purchase two new ambulances and 41 related gear; 42 b. Chesapeake Beach Volunteer Rescue Squad in the amount of$40,792 43 for a loan originating on 9/15/2019 to purchase one new ambulance; 44 c. Kempsville Volunteer Rescue Squad in the amount of$30,000 for a loan 45 originating on 9/15/2019 to purchase one new ambulance; 46 d. Princess Anne Courthouse Volunteer Rescue Squad in the amount of 47 $18,000 for a loan originating on 10/10/2020 to purchase one new 48 ambulance; 1 e. Plaza Volunteer Rescue Squad in the amount of $19,400 for a loan 2 originating on 5/27/2021 to purchase one new ambulance; 3 f. Virginia Beach Volunteer Rescue Squad in the amount of$88,400 for a 4 loan originating on 12/7/2021 to purchase two new ambulances; 5 g. Virginia Beach Volunteer Rescue Squad in the amount of $182,800 for 6 a loan originating on 12/7/2021 to purchase two new ambulances; 7 h. Ocean Park Volunteer Rescue Squad in the amount of $137,645 for a 8 loan originating on 8/9/2022 to purchase two new ambulances; and 9 i. Virginia Beach Volunteer Rescue Squad in the amount of $479,200 for 10 a loan originating on 9/19/2023 to purchase two new ambulances. 11 12 2) The City Manager is hereby directed to utilize annual capacity of the EMS Cost 13 Recovery Special Revenue Fund as the first form of repayment to the General 14 Fund. Should capacity not exist to cover the balance owed that fiscal year then 15 the residual should be absorbed by the General Fund as a part of the year end 16 close out process. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of December 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'D, - Budget and Management Services orney's Office CA17003 R-1 November 4, 2025 32 ITEM— VL14 ORDINANCES/RESOLUTION ITEM#77852 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Resolution to ADOPT the 2025 Disaster Recovery Plan Voting: 10- 0 Council Members Voting Aye: Michael E Berlucchi, 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: Stacy Cummings December 9, 2025 1 A RESOLUTION FORMALLY ADOPTING THE 2025 2 DISASTER RECOVERY PLAN 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 WHEREAS, the Department of Emergency Management has developed the City 8 of Virginia Beach's first comprehensive Disaster Recovery Plan; and 9 10 WHEREAS, the Disaster Recovery Plan supplements the adopted 2024 11 Emergency Operations Plan, which guides emergency operations and response 12 activities; and 13 14 WHEREAS, the Disaster Recovery Plan ensures the City has a mechanism to 15 manage state, federal, and non-governmental disaster assistance and that the City meets 16 key components of the National Planning Framework and the National Preparedness 17 goal. 18 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the City of Virginia Beach hereby formally adopts the City of Virginia Beach's 22 Disaster Recovery Plan, attached hereto as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia on the 9 t h day of December 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ' V Emer erg nagement City A orney's Office l CA17066 R-1 November 21, 2025 City of Virginia Beach Disaster Recovery Plan October2025 This page is intentionally blank. VIRGINIA BEACH DISASTER RECOVERY PLAN Record of Changes Submit recommended changes to this document to the Department of Emergency Management at vboem@vbgov.com.. TABLE 1 DISASTER RECOVERY PLAN RECORD OF CHANGES Section Change and/or Description of Number Number 2025 Version All Initial publication of (Month) 2025 D.Topczynski 1.0 Plan iii October 2025 g gw N VIRGINIA BEACH DISASTER RECOVERY PLAN This page is intentionally blank. iv October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Record of Distribution The City of Virginia Beach Disaster Recovery Plan will be distributed to executive leadership and key personnel within the City and to others as deemed appropriate. Requests for additional copies of this plan or notification of updates should be directed to the Department of Emergency Management (vboem@vbgov.com). Date Office/Department Representative Signature v October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Introduction The City of Virginia Beach (city) is located in the southeast corner of Virginia about 209 miles south of Washington, DC and about 107 miles southeast of Richmond. The city is vulnerable to a wide range of natural and human caused hazards, including hurricanes and tropical storms, snowstorms, flooding, tornadoes, storm surge, explosions, and wildfires. The hazard that has gained the most recent publicity is sea level rise, in addition to hazards and events related to flooding. These hazards threaten the life and safety of city residents and have the potential to damage or destroy both public and private property, disrupt the local economy, and affect the overall quality of life of individuals who live, work, and vacation in the community. The City of Virginia Beach Disaster Recovery Plan (DRP) is the procedural framework for how the city will effectively manage the timely restoration of essential services following a disaster or catastrophic event. Recovery initiatives are the activities that take place during and after the disaster response phase of emergency operations. Recovery involves meeting both the short- term and long-term needs of the community. Much of the support for effectively responding to the community's needs and implementing recover tasks involves the coordination and administration of federal and state disaster assistance. This document should be applicable to any disaster, regardless of scope, size, or classification (e.g., presidentially declared disaster), but should also be scaled appropriately. Recovery Vision Statement After a disaster,the City of Virginia Beach will maintain local primacy/control over post- disaster recovery operations. Abiding by our core values and utilizing the Disaster Recovery Framework to establish an effective recovery program,we intend to partner with the whole community to restore community functioning, rebuild lives, revitalize impacted areas as needed, and achieve self-sufficiency, sustainability, and resilience for the City of Virginia Beach, its residents, and businesses in the long term. 1 October 2025 - VIRGINIA BEACH DISASTER RECOVERY PLAN Purpose This Recovery Plan provides the framework for the City of Virginia Beach to coordinate internally and with local, state, and federal government agencies, including non-governmental organizations to manage recovery from the long-term consequences of a disaster. Recovery is a key part of the National Planning Framework and is one of the five mission areas (Prevention, Protection, Mitigation, Response, and Recovery) that work together to achieve the National Preparedness Goal. The purpose of the Recovery Plan is to: 1. Pre-Disaster: a. Provide a scalable framework that can be used to assist communities in rebuilding after a disaster, thus improving the community's ability to recover from future disasters. b. Establish guidance to ensure recovery operations are coordinated across the city and with other government agencies. 2. Post-Disaster a. Return populations, infrastructure, and natural and cultural resources to pre- disaster or better conditions as quickly as possible following a disaster. The Recovery Plan is both a planning and an operations-based document that provides guidance for the short, and long-term aspects of recovery from a major disaster. This plan provides organizations involved in recovery with resources and operational guidance to recover from emergencies causing a significant impact to infrastructure, housing,the economy,and the health, social, cultural, historical, and environmental framework of the community. This plan outlines activities and organization to promote the whole community's recovery from any incident. Note: The DRP is designed to supplement the City of Virginia Beach Emergency Operations Plan (EOP). This plan is not intended to replace or supersede the EOP, nor is it intended to guide emergency operations or response activities identified in the EOP. Scope This plan provides guidance to the City of Virginia Beach's Department of Emergency Management (DEM), in partnership with the Virginia Department of Emergency Management (VDEM), the Federal Emergency Management Agency (FEMA), and other partners in the public, private, and non-profit sectors, following major and catastrophic disasters. It provides key tasks for lead agencies and organizations, and for coordinating or supporting agencies helping in 2 October 2025 Vg..... VIRGINIA BEACH DISASTER RECOVERY PLAN disaster recovery. This plan should be used as a guiding document during the recovery phase of an incident and includes considerations for preparedness actions to support that recovery. The Recovery Plan is not a tactical plan or field manual. By focusing on strategic levels, this plan provides a flexible and scalable framework for the City that provides decision-making tools to support recovery operations during the pressure and stress of managing significant incidents. 3 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Planning Assumptions • The incident may cause extensive damage, resulting in disruption to normal life support systems and economic, physical, and social infrastructures. • Infrastructure systems, including public and private utilities, may be severely affected in the impacted communities. • The city has adopted the National Incident Management System (NIMS) and its response and recovery model for daily emergency operations through disaster response and recovery operations. • It is the responsibility of officials under this plan to save lives, protect property, relieve human suffering, sustain survivors, repair essential facilities, restore services, and protect the environment. • Recovery is split into phases (i.e., short-term, intermediate, and long-term). • Community recovery is a shared process among the local government, state, and federal governments; the business community; and non-profit entities including faith-based organizations (FBOs), community-based organizations (CBOs), utilities, the public, the private sector, philanthropic funders, and other regional organizations. • During the recovery phase, some or all of this plan may be activated. • Some incidents may have an immediate high impact on the community; therefore, the activation of this plan may be required with little preparation and minimal notice. • Plan implementation and decision-making policies will be based on disaster impacts, resources, and needs. • An effective recovery may exceed the normal capabilities of the community. • The Commonwealth of Virginia possesses expertise and resources including specific plans and procedures that may be utilized in relieving emergency or disaster related problems that are beyond the capacity of the city. • Should city and state resources prove inadequate to cope with disaster demands, the Governor will request federal assistance under a presidential disaster declaration. • Federal and state disaster assistance, when provided, will supplement, not substitute for, relief provided by the city. • Mutual aid assistance, pre-positioned contracts, mutual aid agreements (MAAs), emergency procurements, and resources may be activated. • Volunteer Organizations Active in Disasters (VOAD) member organizations may implement their own disaster relief programs. • Depending on the disaster, the city may not be eligible for a major disaster declaration. • Recovery operations for a major disaster declaration may differ from recovery operations for a disaster that has not been designated with a major disaster declaration. • Long-term recovery resources for a low-attention disaster may differ from long-term recovery resources for a widely publicized disaster. • A major disaster declaration does not guarantee that the city will receive individual assistance (IA), public assistance (PA), or any other type of federal assistance. 4 October 2025 VI _._`*F -.... VIRGINIA BEACH DISASTER RECOVERY PLAN • The size and scope of the incident will determine which programs and partners will be involved (e.g., federal assistance). • During recovery to an incident, members of the recovery task force, as well as other community stakeholders, will use post-disaster rebuilding as an opportunity to rethink, redesign, and update infrastructure and will take opportunities to implement other creative solutions to community planning, capacity building, and resiliency, while abiding by local, state, or federal requirements. • The EOP and other emergency plans, may be implemented prior to, or concurrent with, activation and implementation of this plan to ensure that emergency response is conducted, and essential services are provided to the highest degree possible. 5 October 2025 - VIRGINIA BEACH DISASTER RECOVERY PLAN Planning Process The development of the City of Virginia Beach's Disaster Recovery Plan (DRP) was led by the Department of Emergency Management (DEM) over the period of June 2024 through September 2025. Discussions from internal and external meetings were used by DEM to develop a general overview of recovery planning goals, along with after action reports (AAR) and lessons from individuals deployed to incidents across the country.These conversations helped to determine who needed to be involved in the recovery planning process and to set up the roles of committee members. INTEGRATION WITH OTHER PLANS AND FRAMEWORKS The City of Virginia Beach conducts its hazard mitigation planning regionally through the Hampton Roads Hazard Mitigation Plan. The most recent plan was completed in 2022. Mitigation actions continue to be completed and implemented across the city to reduce the overall risk of hazards for our residents, guests, and properties. These planning efforts, to lower overall risk and help avoid damage in a disaster, represent the city's sustained efforts to incorporate hazard mitigation principles and practices into the routine government activities and functions of the City of Virginia Beach. The City of Virginia Beach will incorporate resiliency efforts in relevant plans as appropriate. As described in the NDRF, recovery efforts should address other areas important to a community's vitality, such as economic development. 6 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Goals and Objectives This plan provides a flexible and scalable framework for organization and decision making before, during, and after any incident that causes a significant impact (disruption) to infrastructure, housing,the economy, or the health, social, cultural, historical, and environmental framework of the community. The DRP offers different potential options for implementation, depending on the scope and scale of an incident. The DRP also provides tactical tools for the implementation of recovery programs following emergencies.The primary goal is to provide the city with a tool to help guide recovery throughout the entire recovery process. This section establishes overarching recovery goals and objectives that create the baseline for strategies the City of Virginia Beach should consider executing in the short-term, intermediate, and long-term phases of recovery. There is no specific time or order in which these strategies should be considered. Emergency Management should enact them as appropriate to the situation. PRE-DISASTER GOALS TABLE 2 PRE-DISASTER GOALS AND DESCRIPTION Goal Description • Establish and maintain an inventory of critical capabilities, assets, and resources. • Identify appropriate legal authorities,triggers, and safeguards to ensure critical governmental functions can be executed with maximum efficiency. Be Proactive and Prepared • Educate elected officials and policy makers on priorities and decision-making processes to support allocation of resources. • Pre-identify resources, providers, and restoration and reconstruction priorities. • Identify codes and ordinances relevant to recovery. Uncover gaps or needs in ordinances, if applicable. • Individuals and organizations with limited preparedness, income, and/or capital reserves prior to a disaster will be the Focus on Fairness most vulnerable after a disaster. • The city intends to fairly and transparently resolve competing interests among diverse community organizations and areas. 7 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN • Establish and maintain an understanding of federal and state Ensure Sufficient Financial recovery funding resources. Reserves • Explore the availability of sufficient financial resources (ex. Budgeted reserves) for recovery operations. • To ensure legitimacy of prioritization, resource allocation, and Build on Existing Plans and program management, the pre-and post-disaster decision Asset Prioritization making will be based on existing plans and policies whenever possibles. Leverage Existing Relationships • Establish relationships with public and private stakeholders who with Private and Non-profit are key to the recovery process. Partners • Attend and engage with appropriate non-profit organizations such as Southeastern VOADs. Coordinate with Other Local • Ensure coordination with neighboring jurisdictions to help Areas establish best practices as well as enhance regional coordination during large incidents affecting more than one locality. POST-DISASTER GOALS TABLE 3 POST-DISASTER GOALS AND DESCRIPTION Goal Description • Restoration and reconstruction of public facilities that maintain community lifelines and basic public services will be prioritized. • Types of infrastructure that may be prioritized include: Sustain Community o Food Lifelines and Restore o Water Infrastructure and o Power Private Facilities o Wastewater and sewage o Transportation o Fuel o Communications systems (IT/telecom) o Solid waste removal • The city, in partnership with private and non-profit partners when Social and Human available, will work to provide and/or restore basic services needed to Services, Public Safety, sustain the community. and Health Services 8 October 2025 V-V VIRGINIA BEACH DISASTER RECOVERY PLAN Provide Effective • Establish effective, flexible, scalable, and responsive command and Command and coordination. Coordination ' Prioritize basic life-safety, incident stabilization, and immediate property protection issues during initial response and recovery operations. Maximize Funding • Leverage state and federal recovery technical and financial assistance as Opportunities well as identify and pursue additional sources of recovery funding and financing. • The city will strive to communicate useful, practical, relevant, accurate, Effective and timely information regarding services and resources to impacted Communication communities and residents. • Public communication should be coordinated with regional partners, state, and federal government when applicable. • Conduct damage assessments to determine if affected homes are Provide and/or Ensure habitable. Quality Housing . Coordinate and identify housing needs or gaps for individuals in affected area. Promote Mitigation • The city will defer to existing plans such as the Regional Hazard Mitigation and Foster Resilient Plan, Comprehensive Plan, and Floodplain Management ordinance to Redevelopment and reduce community vulnerability and foster more resilient land use Construction patterns. • The private sector will play a critical role in maintaining public confidence after a disaster. Maintenance and/or restoration of the economic base is Maintain and Enhance vital to the local economic health. the City's Economic . Businesses and employers will have varying levels of operational Base of Tourism capability after a disaster. • Partnerships with the Small Business Administration and local economic groups should be utilized to help business recovery. 9 October 2025 VB VIRGINIA BEACH DISASTER RECOVERY PLAN RECOVERY OBJECTIVES The following objectives are intended to provide overall guidance regarding prioritization of actions and investments undertaken to recover from disasters. The objectives are not specific to actual pieces of infrastructure, resource allocation, or policy development. They are intended to help guide real-world decisions in the wake of a disaster and are directly aligned with the National Preparedness Goal. • Planning: Engage the whole community in the development of executable strategic, operational, community-based approaches to meet defined objectives. • Economic Recovery: Return economic and business activities, including food and agriculture,to a healthy state, and develop new business and employment opportunities that will result in a sustainable and economically viable community. • Health and Social Services: Restore and improve health and social services networks and promote the resilience, independence, health (including behavioral health), and well-being of the whole community. • Housing: Implement housing solutions (short-term, intermediate, and long-term) that effectively support the needs of the whole community and contribute to its sustainability and resilience. • Infrastructure: Restore critical infrastructure functions, minimize health and safety threats, and efficiently revitalize systems and services to support a viable, resilient community. • Natural and Cultural Resources: Restore and protect natural and cultural resources and historic properties through proper planning, mitigation, response, and recovery actions. Preserve, conserve, rehabilitate, and restore resources consistent with post-disaster community priorities and best practices and in compliance with appropriate environmental and historical preservation laws and executive orders. • Community&Voluntary Organizations Active in Disasters: Restore and improve the provision of community-based, faith-based, and volunteer services to the community to meet unmet community needs created by, or exacerbated by, the disaster. 10 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Roles and Responsibilities The primary recovery task from the onset of a disaster is assuring that all Continuity of Government (COG) procedures are in place and are carried out according to established plans. This includes having lines of succession in place for City Council members and all essential City of Virginia Beach staff(especially department heads). Recovery cannot begin in earnest without a functioning local government. LEAD EMERGENCY MANAGEMENT ROLES City Manager The Commonwealth of Virginia Emergency Services Disaster Law of 2000, as amended, and the Code of the City of Virginia Beach designate the City Manager as the "Director of Emergency Management." The Director of Emergency Management, or designee, is responsible for organizing emergency management and directing emergency operations through the regularly constituted government structure, and using equipment, supplies, and facilities of existing departments and organizations of the City to the maximum extent practicable. Hereafter the Director of Emergency Management will be referenced as the "City Manager." During recovery operations the City Manager, or designee, is authorized to: • Direct activation of the City's Continuity Plan, as necessary, to maintain essential City operations. • Organize and direct recovery operation through the regularly constituted City government using equipment, supplies, and facilities of existing departments and organizations to the maximum extent practicable. • Authorize mutual aid or reciprocal assistance agreements with other public and private agencies within the Commonwealth, other States, or localities within other States, as necessary. • The City Manager, in conjunction with the Emergency Management Coordinator, will direct and control emergency recovery operations in times of emergency, and issue directives to other services and organizations concerning disaster preparedness. When a local emergency is declared, the City Manager, or designee, is authorized to: • Control, restrict, allocate, or regulate the use, sale production, and distribution of food, fuel, clothing, and other commodities, materials, goods, services, and resource systems that do not impact systems affecting adjoining political subdivisions. 11 October 2025 ' ft. VIRGINIA BEACH DISASTER RECOVERY PLAN • Enter into contracts and incur obligations on behalf of the City necessary to combat such threatened or actual incident, protect the health and safety of persons or property, and provide emergency assistance to survivors of such incidents. • In exercising these powers, proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work; entering to contracts, incurring obligations, employing temporary workers, renting equipment, purchasing supplies and materials, and expending public funds, provided such funds in excess of appropriations in the current approved budget are unobligated and available. The City Manager will delegate authority to specific individuals in the event they are unavailable or otherwise delegate their authority. To ensure continuity of emergency operations, in a situation where the City Manager is unavailable and authorities have not been otherwise delegated, these authorities are delegated to the Emergency Management Coordinator, as applicable, to ensure continuity of emergency operations until the City Manager becomes available or can otherwise formally delegate their authority. Emergency Management Coordinator (Director of VBEM) The Virginia Beach Department of Emergency Management (DEM) Director is appointed by the City Manager to serve as the Emergency Management Coordinator, responsible for activating staff, managing the EOC, and to carrying out other tasks as designated by the City Manager. Hereafter, the Director of DEM will be referenced as the "Emergency Management Coordinator." During recovery operations the Emergency Management Coordinator, or designee, is authorized to: • Develop, coordinate, and maintain the Disaster Recovery Plan. • Assess the need for a separate recovery organization based on the impacts of the incident, in collaboration with other relevant departments. • Activate the Disaster Recovery Plan to the appropriate level necessary to perform recovery operation activities. • Coordinates with State, Federal authorities, and other political subdivisions to ensure the maximum available support for recovery and assistance of persons and businesses in the aftermath of an incident. • Coordinates damage assessment activities within the City and submission of required reports to VDEM. • Works with the City Council, City Manager, and appropriate departments to ensure requirements for infrastructure replacement are consistent with current best practices to maximize assistance from the Federal government if public facilities must be reconstructed or replaced in the aftermath of an incident. 12 October 2025 '--•""�"'` VIRGINIA BEACH DISASTER RECOVERY PLAN The Emergency Management Coordinator may designate Deputy Coordinator(s) who shall be responsible to them and shall carry out such tasks as designated by the Director and/or Coordinator. OTHER LOCAL GOVERNMENT Mayor • Receives regular situation status updates from the City Manager, or designee and is briefed as appropriate on policy issues related to recovery operations. • Coordinates with other elected officials at the local, regional and state level, including the Congressional Delegation, and Governor. City Council • Adopts the City's Disaster Recovery Plan. • Establishes policy and provides guidance to the Mayor and Management Leadership Team. • Receives regular situation status updates from the City Manager and is briefed as appropriate on policy issues related to recovery operations. • Hosts community meetings to ensure needs are addressed and information is provided to residents. • Promulgates the codes, regulations, and ordinances of the City, and provides the funds required to implement and enforce an effective recovery program. City Departments and Organizations City department heads are responsible for managing their departments and organizations on a day-to-day basis in accordance with the authority granted to them by the City Council, Mayor, City Manager, or Commonwealth law. In the event of a significant emergency, they will be expected, to the extent possible, to carry out their day-to-day duties as well as those outlined in the Disaster Recovery Plan and supporting annexes. The city code directs the officers and personnel of all city departments, offices, and agencies to cooperate with and extend any services and facilities to the City Manager, or designee, upon request. The general emergency recovery responsibilities of all City government organizations and non- government organizations include: • Perform assigned roles and responsibilities identified in this plan and in the EOC Operations Handbook. 13 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN • Implement Disaster Recovery Plan concepts, processes, and structures when carrying out assigned roles and functional responsibilities. • Conduct planning and preparedness activities designed to prepare department staff to accomplish assigned recovery responsibilities. • Familiarize and train all personnel with their emergency recovery responsibilities and procedures on a regular basis. • Conduct and participate in planning and training in cooperation with DEM and other primary and support agencies. • Maintain financial records in accordance with guidance from the Finance Department, DEM, and other applicable city, state, or federal procedures. Other responsibilities may be assigned to departments during disaster recovery operations based on the impact, scope, and needs of the incident. 14 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Concept of Operations - Part I Definitions and Coordination RECOVERY PHASES Recovery is typically divided into three phases: short-term, intermediate, and long-term recovery. The community as a whole and different functional areas of recovery may advance through the recovery phases simultaneously or at different paces. As a result,this plan may be activated fully or partially, and different functional areas may be activated or demobilized according to need. TABLE 4 COMPARISON OF RECOVERY PHASES AND GENERAL ACTIVITIES Phase Description Short-Term Return vital life-support Days to . Determine the status of systems and critical weeks lifelines. infrastructure to minimum . Take stop gap actions to operations. stabilize lifelines. • Determine the extent of damage or impacts. Intermediate Return individuals,families, • Weeks to • Temporary actions to provide infrastructure, and months a bridge to permanent essential government or measures. commercial services to a functional, not necessarily pre-disaster, state. Long-Term • Rebuilding or relocating • Months to • Permanent reconstruction, damaged or destroyed Years revitalization, and/or social, economic, natural, repurposing of the impacted and built environments area. towards self-sufficiency, 15 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN sustainability, and resilience to future disasters. 16 October 2025 --.�. VIRGINIA BEACH DISASTER RECOVERY PLAN Concept of Operations - Part II Organization RECOVERY MANAGEMENT STRUCTURE There are five different entities that can be used to manage recovery operations based on the phase of the recovery process. The five entities include: • Recovery Subcommittee (Pre-Disaster) • Recovery Support Functions (Short-term, Intermediate, and Long-term Recovery) • Recovery Unit and Task Force (Short-term Recovery) • Recovery Branch and Financial Recovery Unit (Intermediate Recovery) • Recovery Organization Chart (Long-term Recovery) Recovery Subcommittee The City of Virginia Beach's Recovery Subcommittee is a standing subcommittee through the Emergency Preparedness Committee (EPC). The goal of the subcommittee is to offer a coordination mechanism to oversee the recovery and reconstruction process and to serve as an advisory committee to City of Virginia Beach personnel responsible for recovery activities. Key Duties • Review and provide recommendations for uniform polices to ensure effective coordination and adherence to federal, state, and local regulations. • Conduct regular review and maintenance of the Disaster Recovery Plan • Help find mitigation opportunities and resources pre-disaster. Recovery Support Functions Recovery Support Functions (RSFs) are meant to lead the functional areas that align with the National Disaster Framework and foster a whole community approach to recovery. Each RSF is a distinct category to facilitate groupings of like-minded organizations with similar missions into a more cohesive unit. RSFs support the recovery mission by facilitating problem solving, improving access to resources, and by fostering coordination among state and federal agencies, non-governmental partners, and stakeholders. RSFs, commonly known as department representatives, are activated based on incident needs. Each RSF is led by a primary city department, organization, or agency. The primary organization could be supported by many entities depending on the objective and nature of the RSF. By nature, emergency incidents are complex and evolving, requiring flexibility amongst RSF representatives to work with other partners to restore community lifelines. At the discretion of 17 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN the Emergency Management Coordinator and/or designee,the RSFs may be assigned to the most appropriate departments to meet incident specific needs and objectives. Detailed information on specific roles and responsibilities for each RSF is available in the EOC Operations Handbook. The following chart provides a crosswalk of RSF primary agencies at the federal, state, and local level to help coordinate planning and response activities across all levels of government. 18 October 2025 '—•�.�'�"'' VIRGINIA BEACH DISASTER RECOVERY PLAN TABLE 5 RECOVERY SUPPORT FUNCTIONS FEDERAL,COMMONWEALTH,AND LOCAL LEAD AGENCIES Recovery Support Function Federal (Lead) Commonwealth (Lead) Virginia Beach Coordinating Agency' • Dept. of Homeland Security • Dept. of Emergency • Dept. of Planning & RSF 1: Community Planning P • g Y P • g and Capacity Building ' Federal Emergency Management Management Community Development Agency • Dept. of Commerce . Dept. of Emergency RSF 2: Economic Recovery • Economic Development p g y • Dept. of Economic Management Development Administration RSF 3: Health and Social ' Dept. of Health & Human Services • Dept. of Health Services • Administration for Strategic • Dept. of Behavioral & • Dept. of Human Services Preparedness & Response Developmental Services • Dept. of Housing & Community RSF 4: Housing ' Dept. of Housing & Urban Development • Dept. of Housing & Development • Dept. of Emergency Neighborhood Preservation Management RSF 5: Infrastructure and . U.S. Department of Defense • Dept. of Emergency Communications Systems . U.S. Army Corps of Engineers Management • Dept. of Public Works RSF 6: Natural and Cultural • Dept. of Emergency Resources ' U.S. Department of the Interior • Dept. of Cultural Affairs Management RSF 7: Volunteers and . Dept. of Emergency • Office of Volunteer Donations Management Resources & Recovery 19 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN RSF 8: Financial Recovery Dept. of Finance 20 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN EOC Director Policy Group/MLT(or UCG/MAC Group) • City Manager • Deputy City Managers • Director of Emergency Management PIO • Director of Finance • Director of Budget • Director of HR • City Attorney ! Safety O(f., Recovery Recovery Opereations Recovery Logisitics d Coordination' Coordination Section F➢di n lion Section Chief Coordination Sect➢on' Section Chief Chief Recovery Recovery Mass Recovery Pubic Care and Social Recover Recover Recovery Cost Infrastructure f —j SafetyBranch Services Situation Unit � unit Branch Service Branch Support Branch Branch rce Transportation 1TReco,�7,yT,Enforeenrent Resource Unit iT Unit Utnt ➢Ceep Group iCe+� Firefighting/Itt➢n 7D. entation g g1Personnel Unit Facilities Una —�Compenstaion/ Hazmat Group nit { Claims Unit Search and Dematfi➢iztion� Procurement Rescue Group llnit Supplies Unit — J Unit Emergency --Communication Technical Grouts Spec➢alists Medical Group 21 October 2025 X M MV VIRGINIA BEACH DISASTER RECOVERY PLAN Recovery Organization Chart The Recovery Organization Chart with full recovery functions would likely be activated as an incident transition into long-term recovery. This organization ensures that recovery goals and tasks are accomplished and tracked in an organized and efficient manner after response operations have ended. All positions do not need to be activated at once. The number of recovery positions will be incident dependent. Key Duties • Evaluate interim and permanent needs. • Support community repopulation in the event of displacement. • Monitor the status of FEMA Public Assistance projects within the city as applicable. Recovery Unit and Task Force The Recovery Unit and Task Force can be activated under the Planning Section of the EOC Organization Chart as incident operations transition into short-term recovery. Activation of the Recovery Unit and Task Force will allow the city to start preparing for recovery operations and identify needs while the incident begins to stabilize, and short-term recovery activities begin. Key Duties • Gather and analyze important information related to recovery operations. • Conduct meetings with relevant departments to identify recovery goals and objectives. • Begin development of the incident-specific Recovery Plan. • Identify gaps or resource needs to achieve recovery goals. Recovery Branch and Financial Recovery Unit The Recovery Branch and Financial Recovery Unit would generally be activated as an incident enters intermediate recovery operations. The Recovery Branch falls under the Operations Coordination Section Chief within the EOC Organization Chart while the Financial Recovery Unit falls under the Finance/Admin Coordination Section Chief. Key Duties • Implement the Disaster Finance Process and prepare documentation for reimbursement, if applicable. • Identify funding sources to implement and support recovery initiatives. • Coordinate and communicate with partners. • Evaluate community needs and work towards restoring critical services. 22 October 2025 -�,.. VIRGINIA BEACH DISASTER RECOVERY PLAN Additional Support Facilities & Organizations Volunteer Organizations Active in Disasters (VOAD) Each VOAD member and partner organization specializes in a particular area of disaster operations. For example, response and/or short-term recovery VOAD members and partners will demobilize and return to their normal daily operations once the intermediate recovery phase begins, while other VOAD members and partners may transition their focus to long-term recovery. Moreover, some VOAD members and partner organizations will not begin engagement until long-term recovery period begins. It is important to note that VOAD member and partner operational capacity can vary from incident to incident based on a variety of factors, including financial donations and volunteer interest. Disaster Recovery Centers (DRCs) The City of Virginia Beach, supported by the state and federal agencies, activates, and operates Disaster Recovery Centers as needed. A Disaster Recovery Center(DRC) is a facility where relief organizations may locate staff and provide much needed programs centrally. Programs are provided as damage assessments and unmet needs are determined following a disaster. Disaster assistance programs are made available as part of the declaration process and based on need. If necessary and when large areas become impacted, one or more DRCs may be established to assist individuals. By default, libraries and parks and recreation centers have been pre-identified and surveyed by FEMA to serve as DRCs. 23 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Concept of Operations - Part III Recovery Strategies The ultimate vision for the City of Virginia Beach is to rebuild and redevelop in a manner that addresses resiliency, sustainability, and greater prosperity to secure the city's long-term success. This vision entails actions that protect homes, businesses, and facilities damaged by identified hazards while providing a blueprint for enhanced economical development, recreation, and community services. The City of Virginia Beach will use the momentum generated during the recovery, as documented in this plan, to continue addressing resiliency into the future. This section addresses strategies Virginia Beach should consider executing in the short-term, intermediate, and long-term phases of recovery. Recovery phases can overlap with the response phase and with each other. There is no specific time or order in which these strategies should be considered. They should be enacted as appropriate to the situation. The transition from response to recovery is a gradual process, the pace and timing of which will depend on the circumstances of each individual incident. As response activities diminish, recovery activities will likely increase. If the scope of the disaster dictates a response, some level of recovery will be established to the EOC organization to manage recovery operations. 24 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Plan Development and Maintenance The development, maintenance, and implementation of the City's Disaster Recovery Plan is the responsibility of the Virginia Beach Department of Emergency Management (DEM). The City's approach to recovery planning is a continuous process. DEM will coordinate planning needs by involving those agencies and individuals who have responsibility and interest in the plan, including those with medical, access and functional needs. This plan, along with the accompanying support annexes, will be reviewed and, if needed, updated, on an annual basis. This plan should undergo a revision and be brought to City Council for adoption within a year of EOP adoption. The City's Emergency Preparedness Committee (EPC) will review and assist in the development and evolution of this plan. Through the EPC, departments advise DEM of recommended changes and suggestions for improvement. Departments are responsible for the maintenance and revision of their assigned plans, with assistance from appropriate supporting agencies. SPECIAL CONSIDERATIONS During all phases of the disaster recovery plan, the City shall comply with the Americans with Disabilities Act ("ADA"). The City shall provide services in the most integrated settings appropriate for individuals with disabilities. The City of Virginia Beach recognizes the varying and special requirements of individuals that require and utilize the assistance of family members, personal assistants, and/or service animals and is committed to ensuring that the physical and mental health needs of all individuals are appropriately addressed. The City of Virginia Beach shall make modifications to policies and procedures as reasonable modifications to ensure individuals with disabilities have equal access to emergency operations services. The City of Virginia Beach is also committed to ensuring individuals with disabilities are not separated from family and assistance providers. In addition, service animals as defined by the ADA shall be permitted and individuals who utilize and bring service animals with them to a City emergency shelter shall not be separated or segregated from their service animal. The following hallmark tenets are observed in all phases of emergency management: • Self-Determination. Individuals with disabilities are the most knowledgeable about their own needs. • No "One-Size-Fits-All" Policy. Individuals with disabilities do not all require the same assistance and do not all have the same needs. Many different types of disabilities affect people in different ways. Preparations should be made for people with a variety of functional needs, including, people who use nobility dids, require niediLdtiUll Ur 25 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN portable medical equipment, use service animals, need information in alternate formats, or rely on a caregiver. • Equal Access. Individuals with disabilities must have the same access to benefit from emergency programs, services, and activities as people without disabilities. Emergency recovery services and programs should be designed to provide equivalent options for people with disabilities as they do for individuals without disabilities.This includes choices relating to short-term housing or other short-and long-term incident support services. • Reasonable Modifications. The City of Virginia Beach shall provide reasonable modifications as required under the ADA for individuals with disabilities to have equal access to emergency management programs, services and activities. • Inclusion. Inclusion of people with various types of disabilities in planning, training, and evaluation of programs and services will ensure that all people are given appropriate consideration during emergencies. • Integration. Emergency programs, services, and activities typically must be provided in an integrated setting. The provision of services such as sheltering, information intake for incident services, and short-term housing in integrated settings keeps people connected to their support system and caregivers and avoids the need for disparate service facilities. • Physical Access. Emergency programs, services, and activities must be provided at locations that are accessible to individuals with disabilities. Facilities typically required to be accessible include: parking, drop-off areas, entrances and exits, security screening areas, bathrooms, bathing facilities, sleeping areas, dining facilities, areas where medical care or human services are provided, and paths of travel to and from and between these areas. • Effective Communication. Individuals with disabilities must be provided effective communication and be able to receive the same information content and detail given to the general public. It must also be accessible, understandable, and timely. Auxiliary aids and services may be needed to ensure effective communication. These resources may include pen and paper; sign language interpreters through on-site or video; and interpretation aids for people who are deaf, deaf-blind, hard of hearing, or have speech impairments. People who are blind, deaf-blind, or have low vision or cognitive disabilities may need large print information or people to assist with reading and filling out forms. • No Charge. Individuals with disabilities may not be charged the costs of modifications or aids to ensure equal access. Examples of accommodations provided without charge to the individual may include ramps; cots modified to address disability-related needs; a visual alarm; grab bars; additional storage space for medical equipment; lowered counters or shelves; Braille and raised letter signage; a sign language interpreter; a message board; assistance in completing forms or documents in Braille, large print or 26 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN audio recording. For more information on objectives for individuals with disabilities see City of Virginia Beach Emergency Operations Plan. 27 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Authorities Various statutory authorities, regulations and policies provide the basis for actions and activities regarding incident recovery operations. Nothing in this plan FEDERAL • Emergency Planning and Community Right-to-Know Act of 1986 (Public Law 99-499, October 1986),Title III of the Superfund Amendments and Reauthorizations Act(SARA) • The Disaster Mitigation Act of 2000, Public Law 106-390 • Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135 • Homeland Security Presidential Directive 8, National Preparedness, December 2003 • Post-Katrina Emergency Management Reform Act of 2006 • Sandy Recovery Improvement Act of 2013 • National Incident Management System (NIMS), October 2017 • Disaster Recovery Reform Act (DRRA) of 2018 • National Disaster Recovery Framework (NDRF), December 2024 • Americans with Disabilities Act, as amended • Emergency Management and Assistance 44 CFR Chapter 1 COMMONWEALTH OF VIRGINIA • Commonwealth of Virginia Emergency Services and Disaster Law of 2000, as amended • Commonwealth of Virginia, Office of the Governor, Executive Order One Hundred and Two (2005), Adoption of the National Incident Management System and Use of the National Preparedness Goal for Preventing, Responding to and Recovery from Crisis Events in the Commonwealth • Commonwealth of Virginia Emergency Operations Plan and Delegations of Authority (Office of the Governor Executive Order Forty-Two), October 2021 • CoVa Emergency Operations Plan Annex#2 Statewide Recovery, October 2021 LOCAL • Code of the City of Virginia Beach, Sections 2-411, 2-412, 2-413 and 2-215.2 28 October 2025 �...wl VIRGINIA BEACH DISASTER RECOVERY PLAN References • National Disaster Recovery Framework, version 3.0, December 2024 • FEMA Plans Guidance • NIMS Guides and Supporting Tools • Emergency Management Accreditation Program (EMAP) Standard, MaV 2022 • Commonwealth of Virginia Executive Actions • Hampton Roads Regional Hazard Mitigation Plan,June 2022 29 October 2025 33 ITEM— VL15 ORDINANCES/RESOLUTION ITEM#77853 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED WITHDRAWAL,BYCONSENT,Ashdon Builders],LLCfor an APPEAL to the Historical Review Board decision to deny application Certificate of Appropriateness re #25-12 to install white vinyl fencing in the North Landing Estates developmentfor the properties at 2508-2524 Peaceful Lane DISTRICT 2—(deferred from September 16, 2025) APPLICANT REQUESTS WITHDRAWAL Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 34 ITEM— VJI PLANNING ITEM#77854 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of PROSPER HOMES & INVESTMENTS, LLC for a Variance to Section 4.4(b)of Subdivision Regulations re lot width and street line frontage at 2453 Beaufort Avenue DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA PROSPER HOMES&INVESTMENTS,LLCfor a Variance to Section 4.4(b) of Subdivision Regulations re lot width and street line frontage at 2453 Beaufort Avenue (GPIN 1570416549) DISTRICT 9 The following conditions shall be required: i. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Potential Subdivision Layout(Option A)of Lot A,Subdivision of the Eastern 250'ofBlock 26, Subdivision of Tract M, Chesapeake Park" dated April 27, 2025, and prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A one foot no ingress/egress easement along Chubb Lake Avenue must be recorded prior to, or contemporaneously with, the final subdivision plat. 3. The architectural design of all proposed single-family dwellings shall be consistent with the recommendations outlined in the Comprehensive Plan for the area. Architectural elevations shall be submitted to the Planning Director for review and approval prior to issuance of building permits for proposed structures. 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 9`" day of December Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 l Q ti §O R7.5(SD) CO RSR(SD) R7�5 Lee AVE R7.5(SD) R5R(SD) Site Prosper Homes & Investments, LLC (� Zoning 2453 Beaufort Avenue � � 0 Property Polygons Feet 0 12.5 25 50 75 100 Map created by Planning Department on 11/10/2025 35 ITEM— V.J.2 PLANNING ITEM#77855 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of BRIAN PATRICK MOONEY & AMBER MARIE MOONEYfor a Change in Noncon ormitX re modify front elevation and roof,add a raised pool deck and retaining walls, and relocate mechanical equipment at 2618 West Chubb Lake Avenue DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA BRMNPATRICKMOONEY&AMBER MARIEMOONEYfor a Change in NonconformitX re modify front elevation and roof, add a raised pool deck and retaining walls, and relocate mechanical equipment at 2618 West Chubb Lake Avenue (GPIN 1570422675) DISTRICT 9 The following conditions shall be required: 1. The change in nonconformity shall be developed in substantial conformance with the conceptual site layoutprepared by WPL for the Mooney Residence, titled"Conceptual Site Layout"and dated November 5, 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 designed by Brian Mooney, dated October 27, 2025, and titled "Mooney Residence," which have 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/utility easement(s)without the approval of an Encroachment Agreement by the City Council. 4. No work shall be conducted in the City Right-Of-Way without an approved Right of Way Permit issued by the Department of Planning& Community Development. 5. 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(/9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9r" day of December Two Thousand Twenty Five. December 9, 2025 36 ITEM— V.J.2 PLANNING ITEM#77855 (Continued) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING STRUCTURE ON PROPERTY 3 LOCATED AT 2618 WEST CHUBB LAKE AVENUE 4 5 WHEREAS, Brian Patrick Mooney and Amber Marie Mooney (the "Applicants") 6 have made application to the City Council for authorization to expand the nonconforming 7 dwelling located at 2618 West Chubb Lake Avenue and zoned R-7.5 Residential and 8 Shore Drive Overlay; 9 10 WHEREAS, this parcel currently contains a single family dwelling that does not 11 meet the current zoning regulations. The dwelling encroaches 30+ feet into the front yard 12 setback, with a portion of an enclosed utility shed within public right of way. The home 13 also encroaches 0.37 feet into the eastern side yard setback and 0.93 feet into the 14 western side yard setback. The existing pool equipment and HVAC equipment are 15 nonconforming to the setback from the eastern property line. The dwelling was 16 constructed in 1968, prior to the adoption of the applicable zoning regulations, and is 17 therefore nonconforming; 18 19 WHEREAS, the proposed improvements to the house include enclosing the 20 existing front porch to create a shed, removing the existing utility shed from out of the 21 public right-of-way, relocating and raising HVAC and pool equipment, relocating the front 22 door, modifying the roof pitch, constructing a rear 2-story building addition, and 23 redeveloping the pool and pool deck. 24 25 WHEREAS, the request is for the following: 28.33' to allow a 1.67' front yard 26 setback instead of the required 30', 3.3' to allow a 1.7' eastern side yard setback instead 27 of the required 5, and 2' to allow an 8' western side yard setback instead of the required 28 10'; 29 30 WHEREAS, in addition to the requests to dimensional requirements, the applicant 31 is requesting permission to have 0 onsite parking spaces instead of the required 2 spaces; 32 33 WHEREAS, while the improvements will constitute expansions to existing 34 nonconformities, as most of the dwelling is encroaching into the front and/or side yard 35 setbacks, all other portions of the proposed expansion comply with the dimensional 36 requirements for the R-7.5 Residential district stated in Section 502 of the City zoning 37 Ordinance; 38 39 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 40 approval of this application on November 12, 2025; and 41 42 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 43 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 44 authorizing such action upon a finding that the proposed structure as expanded is equally 45 appropriate or more appropriate to the zoning district than the existing structure. 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH, VIRGINIA: 49 50 That the City Council hereby finds that the proposed nonconforming structure as 51 expanded, will be equally appropriate to the district as is the existing structure under the 52 conditions of approval set forth herein below. 53 54 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 55 BEACH, VIRGINIA: 56 57 1. The change in nonconformity shall be developed in substantial conformance with the 58 conceptual site plan and construction documents prepared by WPL for the Mooney 59 Residence, titled "Conceptual Site Layout" and dated November 5, 2025, which has 60 been exhibited to the Virginia Beach City Council and is on file with the Department of 61 Planning and Community Development. 62 63 2. The structure shall be developed in substantial conformance with the elevations 64 designed by Brian Mooney, dated October 27, 2025, and titled "Mooney Residence," 65 which have been exhibited to the Virginia Beach City Council and is on file with the 66 Department of Planning & Community Development. 67 68 3. No structures shall be permitted in the existing public drainage/utility easement(s) 69 without the approval of an Encroachment Agreement by the City Council. 70 71 4. No work shall be conducted in the City Right-Of-Way without an approved Right of 72 Way Permit issued by the Department of Planning and Community Development. 73 74 5. The applicant shall obtain all necessary permits and inspections from the Department 75 of Planning & Community Development. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ljj 4/ � fa�k tanning and Community City Attorney's Office Development CA17002 R-7 November 12, 2025 2 37 ITEM— V J.3 PLANNING ITEM#77856 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS MODIFIED,AS CONDITIONED,BY CONSENT,Application of CESJB II,LLC for a Modi ication of Conditions to a Conditional Use Permit re short term rental at 409 246 Yz Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 CESJB II,LLCfor a Modification of Conditions to a Conditional Use Permit re short term rental at 409 24`" Yz Street (GPIN 2427091661) DISTRICT 6 The following conditions shall be required.• 1. All previous conditions attached to the Conditional Use Permit approval of May 4, 2021, shall be voided and replaced with the following conditions below. 2. The following conditions shall only apply to the dwelling unit addressed as 409 24 Yz Street and the Short Term Rental use shall only occur in the principal structure. 3. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval of the City Council approval on May 4,2021. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall note the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number 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. December 9, 2025 38 ITEM— V J.3 PLANNING ITEM#77856 (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to 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 P-Million. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, 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 (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. December 9, 2025 39 ITEM— V.J.3 PLANNING ITEM#77856 (Continued) 15. The Short Term Rental shall have no more than one(1)rental contract for every seven(7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least P-Million underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property 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. December 9, 2025 40 ITEM— V.J.3 PLANNING ITEM#77856 (Continued) 20. 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. 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 9'" day of December Two Thousand Twenty Five. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 b Al2(OBI r A�1�2 Al2(OB) ® Site CESJB 11, LLC ® Zoning 409 24th 1/2 Street W-*/E F—I Property Polygons s Feet 0 3.25 6.5 13 19.5 26 Map created by Planning Department on 11/13/2025 41 ITEM— V J.4 PLANNING ITEM#77857 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS PROFFERED, BY CONSENT, Application of STEPHEN ALEXANDER HOMES, LLC / PRINCESSBORO DEVELOPMENT COMPANY,INC.for a Conditional Change of Zoning from AG-1 & AG-2 Agriculture District to Conditional R-10 Residential District re develop fourteen (14) single- family residential lots on the parcel south of 1925 Fisher Arch DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINM BEACH, VIRGINIA STEPHEN ALEXANDER HOMES, LLC/PRINCESSBORO DEVELOPMENT COMPANY, INC.for a Conditional Change of Zonin from AG-1 &AG-2 Agriculture District to Conditional R-10 Residential District re develop fourteen (14) single-family residential lots on the parcel south of 1925 Fisher Arch (GPIN 2414309862)DISTRICT 2 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(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`" day of December Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 STEPHEN ALEXANDER HOMES, LLC, a Virginia limited liability company PRINCESSBORO DEVELOPMENT COMPANY,INCORPORATED, a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 301 day of September,2024,by and between STEPHEN ALEXANDER HOMES, LLC, a Virginia limited liability company, party of the first part, Grantor; PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED, a Virginia corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, parry of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of property located in District 2 of the City of Virginia Beach containing approximately 14.569 acres which is more particularly described on Exhibit"A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; 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 AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that GPIN: 2414-30-9862-0000 Prepared by- R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahem&Levy,P.C. 4429 Bonney Road,Suite 500 Virginia Beach,Virginia 23462 are not generally applicable to land similarly zoned are needed to cope with 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, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, 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 qjfid ro qu_o for zoning, rezoning, site plan, building permit, or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in , interest or title: 1. When the Property is subdivided, developed and landscaped, it shall have the entrance, neighborhood identification sign, typical street section, landscaping, public access pedestrian and bike trail with a connection to the existing public trail system in place adjacent to the property's southern boundary landscaped buffers and open spaces substantially as depicted and described on the exhibits entitled, "CONCEPTUAL DEVELOPMENT PLAN FOR PROPOSED SEAGRASS COVE GPIN: 24143098620000 VIRGINIA BEACH, VIRGINIA" and "CONCEPTUAL LANDSCAPE PLAN FOR PROPOSED SEAGRASS COVE GPIN: 24143098620000 VIRGINIA BEACH, VIRGINIA", both dated 09.27.2024 and prepared by Gaddy Engineering, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning(together referenced to as the"Conceptual Subdivision Plan")and are incorporated herein by this reference. 2. When the Property is developed, the side and rear yard boundary fencing and the community identification sign shall be substantially as depicted and described on the exhibit entitled "SEAGRASS COVE --Entry Monument and Fencing Style", dated 9/27/24, prepared 2 by the Grantor, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. 3. When the Property is developed, it will be subdivided into no more than fourteen (14) single family residential building lots each having a minimum of 12,500 square feet of area. The fourteen(14)new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,200 square feet of living area for a two-story dwelling and 2,000 square feet of living area for a one-story dwelling. Each home shall have no less than a two (2) car garage and utilize the quality architectural features and design elements substantially as depicted on the pictorial exhibit entitled "SEAGRASS COVE — Style and Architecture", dated 3/3/25, prepared by the Grantor, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(referenced as the "Quality Home Depictions") and incorporated herein by this reference. 4. When the Property is developed, the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding (e.g., "HardiPlank"), brick or masonry stone, or a combination of those materials along with high-quality accent or ancillary material such as metal roof accents and vinyl shutters. The quality and light colors of the exterior building materials shall be substantially consistent with the "Quality Home Depictions. 5. When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, all of the other property, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall own and be responsible for maintaining all vegetated buffer and open space areas, common areas, entrance feature signage, landscaping, benches, fencing, pedestrian trails and other improvements within the Open Space Areas, as depicted on the Conceptual Subdivision Plan. The open spaces and landscape buffers shall be conveyed to the Home Owners' Association prior to the issuance of the first occupancy permit. 6. When the Subdivision Plat and Subdivision Construction Plans are submitted, the final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 7. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing,that any noncompliance with such conditions be remedied; and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in courf; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Stephen Alexander Homes,LLC,a Virginia limited liability company By: (SEAL) ex Q is , Asst. Operations Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The I regoing instrument was acknowledged before me this_11 day of f- 2024,by P\\1 7t � O ,^�` _ , of Stephen A exanders Homes,LLC,a Virginia limited liability company, Grantor. Notary Public My Commission Expires: Notary Registration Number: icA X 29 4NE S. �.. ?� COMMONWEALTH OF VIRGINIA = REGISTRATION NO. 198329 ��r�rrnlll Inl��a�� 5 WITNESS the following signature and seal: Grantor: Princessboro Development Company, Incorporated, a Virginia corporation By: {SEAL} Susan F. Fisher, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 111 day of October, 2024, by Susan F. Fisher, President of Princessboro Development Company, Incorporated, a Virginia corporation, Grantor. Notary Public My Commission Expires: August 31, 2026 •�O``�'(A.R:../�•�•,� Notary Registration Number:192628 �•`P\..160MRMp��/f, moo'° �;P 8486111 6 EXHIBIT "A" ALL THAT certain lot,piece or parcel of land with any improvements thereon, situate,lying and being in the City of Virginia Beach, Virginia, and being Known, numbered and designated as Parcel D-2A-2 as shown on that certain plat entitled, "SUBDIVISION OF PARCEL D-2A `SUBDIVISION OF SANDBRIDGE MARKETPLACE' (INSTR. NO. 20120615000663450) VIRGINIA BEACH,VIRGINIA",prepared by MSA,P.C., dated January 30, 2015,which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150327000267830. LESS, SAVE and EXCEPT that certain parcel of land containing 1.5348 acres and conveyed to the City of Virginia Beach for Right of Way purposes by Deed recorded in the aforesaid Clerk's Office as Instrument Number 20181228001065310. GPIN: 2414-30-9862 H:\AM\Conditional Rezoning\^Stephen Alexander Homes\Seagrass Cove\Proffer Agreement clean 9-19-2025,docx i 7 42 ITEM— V J.5 PLANNING ITEM#77858 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS PROFFERED, BY CONSENT, Application of LYNNHAVEN STATION CONDOMINIUM ASSOCIATION BY GLOBAL CINEMATIC SOCIETY, LLC& HARBOUR INVESTMENTS, LLC/ GLOBAL CINEMATIC SOCIETY, LLC, & HARBOUR INVESTMENTS, LLC for a Conditional Change of ZoningO-2 Office District to Conditional B-2 Community Business District at 101 & 105 North Lynnhaven Road, Unit 105 DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGI7VL4 LYNNHAVEN STATION CONDOMINIUM ASSOCIATION BY GLOBAL CINEMATIC SOCIETY, LLC & HARBOUR INVESTMENTS, LLC / GLOBAL CINEMATIC SOCIETY, LLC, & HARBOUR INVESTMENTS, LLC for a Conditional Change of Zoning 0-2 Office District to Conditional B-2 Community Business District at 101 & 105 North Lynnhaven Road, Unit 105 (GPINs: 14974422580001 & 14974422580002) DISTRICT 3 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 9`" day of December Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 LYNNHAVEN STATION CONDOMINIUM ASSOCIATION,an unincorporated association GLOBAL CINEMATIC SOCIETY, LLC, a Virginia limited liability company HARBOUR INVESTMENTS,LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 3011, June, 2025, by and between LYNNHAVEN STATION CONDOMINIUM ASSOCIATION, an unincorporated association, party of the first part, Grantor; GLOBAL CINEMATIC SOCIETY, LLC, a Virginia limited liability company, party of the second part, Grantor; HARBOUR INVESTMENTS, LLC, a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the Grantors herein are together the owners of a certain improved parcel of property located in District #3 of the City of Virginia Beach, containing approximately 1.906 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as "Units 101 and 105 LYNNHAVEN STATION OFFICE CONDOMINIUM";and WHEREAS, the party of the second part as the owner of Unit 105 of the Lym-diaven Station Office Condominium as depicted and described on the "CONDOMINIUM PLAT LYNNHAVEN STATION OFFICE CONDOMINIUM,Virginia Beach,Virginia",dated 12-30- 2024, as revised 1-6-2025, prepared by Rouse-Sirine Associates, Ltd. and recorded as Instrument Number 202507000012 and the party of the third part as the owner of Unit 101 of GPIN; 1497-44-2258-0001 1497-44-2258-0002 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 the Lyruinaven Station Office Condominium, including that portion of Unit 101 which is located in the 0-2 Office Zoning District as depicted and described on the"CONDOMINIUM PLAT LYNNHAVEN STATION OFFICE CONDOMINIUM,Virginia Beach,Virginia',dated 12-30-2024, as revised 1-6-2025 as hereinabove referenced, have 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 that portion of Property currently zoned 0-2 Office District as described in Exhibit "B" hereto and as depicted on the Condominium Plat from 0-2 Office District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the 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 described on Exhibit"B" 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 described on Exhibit "B" 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 described on Exhibit"B",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 described on Exhibit"B", 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 n��o cuo for zoning,rezoning, site plan,building permit, or subdivision 2 approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern use of the Property described on Exhibit"B" and hereby covenants and agrees that this declaration shall constitute covenants running with the Property described on Exhibit"B",which shall be binding upon the Property described on Exhibit"B"and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors hi interest or title: 1. The Property being rezoned from 0-2 Office District to Conditional B-2 Community Business District may only be used for the following: (a) Bakeries, confectionaries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on premises; (b) Business studios,offices and clinics; (c) Eating and drinking establishments without drive-thru windows; (d) Florists, gift shops and stationery stores; (e) Medical and Dental offices and clinics; (f) Medical laboratories; (g) Laboratories and establishments for the production and repair of eyeglasses,hearing aides and prosthetic devices; (h) Museums and Art galleries; (i) Job and conunercial printing;and 0) Public buildings and grounds. 2. Any building mounted sign shall not be internally illuminated and may only be externally illuminated from a building mounted light below which is directed on the sign. Any business in the building at the western end of the Property,designated as Unit 105 may only be open between the hours of 7:00 AM and 10:00 PM and the sale of alcoholic beverages shall not be permitted on the Property. Any dumpster on the Property shall only be placed on the south side of the parking lot,enclosed on three(3)sides with vergreen shrubs planted and maintained along the south side of the enclosure. 3. All outdoor lighting for the Property being rezoned from 0-2 Office District to Conditional B-2 Community Business District shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance 3 of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the 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 Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) Jf 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 (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Lynnhaven Station Condominium Association, an unincorporated association By: Global Cinematic Society, LLC, a Virginia limited liability company QBy: (SEAL) rd rg,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1st day of July, 2025 by David Darg,Manager of Global Cinematic Society,LLC,a Virginia limited liability company, a member of Lyrtnhaven Station Condominium Association, an unincorporated association, Grantor. � 0ayi 9a•89i 46d Notary Public ®�,aW NI C C 0 d6Oe My Commission Expires: August 31,2026 �r•r� 'y � � Notary Registration Number: 1926280 A ID262b C It eeeoe`e�+AR y'`,+ore 6 WITNESS the following signature and seal: Grantor: Lyruillaven Station Condominium Association, an unincorporated association By: Harbour Investments,LLC, a Virginia limited liability company By: Ray oftsinger, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1st day if July, 2025 by Ray Noftsinger,Manager of Harbour Investments,LLC,a Virginia limited liability company, a member of Lyiu-diaven Station Condominium Association, an unincorporated association, Grantor. Notary Public ®,'`g9®Barad` My Commission Expires: August31, 2026 Notary Registration Number: 192628 ®+o�� '�OMM0 ®p+p0lfl@88P9ad�t 0 4 tin r=® � Q/NIA 7 WITNESS the following signature and seal: Grantor: Global Cinematic Society, LLC, a Virginia limited liability company ! 1 ( l J By: v � (SEAL) David Darg, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1st day of July, 2025 by David Darg,Manager of Global Cinematic Society,LLC,a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31,2026 ++0g+s1urrrro� Notary Registration Number: 192628MCC®ri®® rlw ju 62� a �92 .'w t msra®`rrlAR4®9®`+�> WITNESS the following signature and seal: Grantor: Harbour Investments,LLC, a Virginia limited liability company �<< - SEAL By: (SEAL) Ray Noftsinger,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1st day if July, 2025 by Ray Noftsinger, Manager of Harbour Investments,LLC,a Virginia limited liability company, Grantor. % Notary Public My Commission Expires: August 31, 2026 Notary Registration Number: 192628 °eor®swniellr�r®6 .° ,:..MCC ®®® oN a4t 192628 MW r�`•P�2�pc tIRG�t� �s�ee fqR;pV0°°0 9 EXHIBIT "A" ALL THAT certain lot,piece or parcel of land,with the improvements thereon, lying, being and situate in Lyrunhaven Borough,City of Virginia Beach,Virginia, at the northwest corner of the intersection of North Lyrunhaven Road and Norfolk-Southern Railway,which parcel is comprised of 1.906 acres and is shown on a plat entitled, "STREET DEDICATION PLAT OF PROPERTY OF LESSIE M. GIMBERT, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", prepared by Talbot & Associates, Ltd., which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 117,at Page 9. 10 EXHIBIT "B" Portion of Lynnhaven Station Office Condominium to be Rezoned from 0-2 Office District to Conditional B-2 Community Business District ALL THAT certain tract, piece or parcel of land with the buildings and improvements thereon,currently known as Unit 105 and the western portion of Unit 101 in the Lyzuthaven Station Office Condominium as created by "Declaration of Condominium" recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 202503003229 and depicted on Exhibit "B" to the Declaration as recorded in the above referenced Clerk's Office as Instrument Number 202507000012,which zoning parcel is more particularly described as follows: Beginning at a pin along the northern right of way line of what was formerly the Norfolk and Southern railroad right of way at the southwestern corner of the 1.906 acre parcel subject to the Declaration of Condominium of Lynnhaven Station Office Condominium and running North 60'42' 10" East 305.49 feet to a point along the shared boundary line with Lot 78 in the Subdivision of Pinewood Gardens; thence turning and running South 23'29' 30" East 211.32 feet to a point along the condominiums shared boundary with the former railroad right of way now owned by the City of Virginia Beach; thence running along the shared boundary North 82°47' 45" West,353.43 feet to the Pin at the Point of Beginning. GPIN: 1497-44-2258-0002 (Unit 105) 1497-44-2258-0001 (Unit 101) W\AM\—Conditional Rezoning\"Global Cinematic Society\Proffer Agreement.docx 11 43 ITEM— V.J.6 PLANNING ITEM#77859 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of BRIANNA QURESHI—STUDIO CITRINE, LLC/ HOLLAND OFFICE PARK,LLC for a Conditional Use Permit re beauty salon at 4510 Holland Office Park, Suite 507 DISTRICT 3 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 BRL4NNA QURESHI—STUDIO CITRINE,LLC/HOLLAND OFFICE PARK, LLC for a Conditional Use Permit re beauty salon at 4510 Holland Office Park,Suite 507(GPIN 1476691535) DISTRICT 3 The following conditions shall be required.• 1. The A business license for the Beauty Salon 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. 2. 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(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`" day of December Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 02 vvP� S G� Q O a s j�o p`o Fti F+cF FN®F� e�`o c ® site Brianna Qureshi - Studio Citrine, LLC N C-1 Zoning 4510 Holland Office Park, Suite 507 WE Property Polygons S Feet 0 30 60 120 180 240 Map created by Planning Department on 11/14/2025 44 ITEM— VJ.7 PLANNING ITEM#77860 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of STEPHEN BRUCE /REGENT UNIVERSITY for Conditional Use Permits re indoor/outdoor recreational facilities to develop athletic and fitness complex at 1328, 1352, 1354, 1418, 1424, and 1446 Regent University Drive DISTRICT 7 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLI STEPHEN BRUCE/REGENT UNIVERSITY for Conditional Use Permits re indoor/outdoor recreational facilities to develop athletic and fitness complex at 1328, 1352, 1354, 1418, 1424, and 1446 Regent University Drive(GPINs 1455688175, 1455762465, 1455762578, 1455763697, 1455764803, 1455771225, 1455773499, 1455773790, 1455774018, 1455774269, 1455776105, 1455776670, 1455777122, 1455781074, 1455873681)DISTRICT 7 The following conditions shall be required.• 1. The athletic complex/recreational facilities, when developed, shall be in substantial conformance with the concept plan entitled, "REGENT UNIVERSITY ATHLETIC AND FITNESS COMPLEXPROJECT. OVERALL SITE PLAN",prepared by Burns McDonnell, dated 08115125, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The athletic complex/recreational facilities, when developed, shall be landscaped in substantial conformance with the concept landscape plan entitled, "OVERALL LANDSCAPE PLAN", prepared by Burns McDonnell, dated 07125125, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. To the greatest degree possible, within its ownership, control, and physical ability, the applicant shall install a sidewalk or other similar pedestrian pathway to provide connectivity between the proposed athletic facilities and the sidepath along Centerville Turnpike, connectivity from the athletic facilities to the student housing near Jake Sears Drive, and a continuous pedestrian facility along the Regent University Drive frontage. 4. A left turn lane shall be added to Regent University Drive as depicted on page 4 of the "Regent University Athletic and Fitness Complex Traffic Memo", produced by Burns McDonnell, and dated October 6, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. December 9, 2025 45 ITEM— V.J.7 PLANNING ITEM#77860 (Continued) 5. The fitness and athletic center building shall be constructed in substantial conformance with the submitted front (east) and rear (west) building elevations entitled "FITNESS& ATHLETIC CENTER: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated O113112025 as well as the side elevations (north and south) entitled "EXTERIOR BUILDING ELEVATIONS",produced by Burns McDonnell, dated 06104125, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The main stadium building shall be constructed in substantial conformance with the submitted building elevations entitled "MAIN STADIUM.• EXTERIOR BUILDING ELEVATIONS",prepared by Burns McDonnell, dated January 23, 2025, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 7. The baseball stadium building shall be constructed in substantial conformance with the submitted building elevations entitled "BASEBALL STADIUM.• EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated January 31, 2025 and May 29, 2025, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 8. The softball stadium building shall be constructed in substantial conformance with the elevations entitled "SOFTBALL STADIUM.• EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated January 17, 2025, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 9. Prior to approval of the site plan, a new plat shall be recorded, which creates a single parcel with incorporation of the portion of 1133 Centerville Turnpike, GPIN 14558736810000, necessary to accommodate the athletic courts depicted in the concept plan entitled, "REGENT UNIVERSITYATHLETICAND FITNESS COMPLEXPROJECT OVERALL SITE PLAN",prepared by Burns McDonnell, dated August 15, 2025, and the vacation of all internal property lines. 10. The applicant shall conduct and submit a parking study signed by a certified Professional Engineer(PE)to be reviewed and approved by the Zoning Administrator prior to approval of a site plan for the athletic complex. 11. As permitted in Section 221(1) of the Zoning Ordinance, the following deviations in height are permitted- a) Stadium light poles with a maximum height of 90 feet. December 9, 2025 46 ITEM— V.17 PLANNING ITEM#77860 (Continued) b) The fitness and athletic center with a maximum height of 73 feet. c) The flag poles with a maximum height of 60 feet. d) The protective netting and associated poles for the baseball and softball stadiums with a maximum height of 40 feet. e) The main stadium with a maximum height of 40 feet. 12. Prior to the approval of the site plan, a Lighting Plan shall be provided to the Department of Planning and Community Developmentfor 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 and right-of-way. b) Lighting fixtures shall not be erected any higher than fourteen (14)feet except where a deviation has been granted. 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 9�" day of December Two Thousand Twenty Five. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, 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 Abstaining: Mayor Robert M. Dyer Council Members Absent: Stacy Cummings December 9, 2025 I-B�gc O`` �o City of Virginia Beach z r OF DUR NASto Robert M. "Bobby" Dyer VirginiaBeach.gov MAYOR MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9D00 OFFICE:(757)385-4581 CELL:(757)749A659 BDYER(W,VBGOV.COM File No.0098651 December 9, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Stephen Bruce for conditional use permits for property owned by Regent University and located at 1328, 1352, 1354, 1418, 1424, 1446 Regent University Drive. 2. 1 have a personal interest in this transaction because I am an employee of the applicant, Regent University, which is located at 1000 Regent University Drive, Virginia Beach, Virginia. 3. 1 hereby disclose this interest, and I will abstain from participating in the City Council's consideration of this application. Mrs. Amanda Barnes -2- December 9, 2025 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, Robert M. Dyer Councilmember RMD/RRI -� o�NE R40 02 R5D R5D R5D ` / 11 R5D / R5D R1(IIOP) R5D R5D R5D R5D /R5D R'5D R-SD ,,q I1 c R5D s°R R5D 02 R5D �� R5D 2� r� R5D ® site Stephen Bruce N Zoning 1328, 1352, 1354, 1418, 1424, 1446 Regent University Drive W+ 0 Property Polygons s Feet 0 115 230 460 690 920 Map created by Planning Department on 11/13/2025 47 ITEM— V J.8 PLANNING ITEM#77861 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of ROBERT MILLS/ONE PERFECT DAY, LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1503 DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 ROBERT MILLS/ONE PERFECT DAY,LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1503 (GPIN 24273224032510) DISTRICT 5 The following conditions shall be required.• 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Suite 1503, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall note the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. December 9, 2025 48 ITEM— i.J.8 PLANNING ITEM#77861 (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 dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage, 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 (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 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. December 9, 2025 49 ITEM— i!J.8 PLANNING ITEM#77861 (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. December 9, 2025 50 ITEM— V.J.8 PLANNING ITEM#77861 (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 9`" day of December Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 v qSN SS n W y �2 OR � yL U m 2 Q hJ ' IM Q OR(STR-OR) 3? ST ® site Robert Mills N Zoning 303 Atlantic Avenue, Unit 1503 W_ t; Property Polygons s Feet 0 20 40 80 120 160 Map created by Planning Department on 11/13/2025 51 ITEM— V J.9 PLANNING ITEM#77862 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, Ordinance to AMEND Section 105 of the City Zoning Ordinance (CZO) pertaining to Nonconformides Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 1 AN ORDINANCE TO AMEND SECTION 105 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NONCONFORMITIES 4 5 Section Amended: City Zoning Ordinance § 105 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA- 12 13 That Section 105 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 ARTICLE 1. GENERAL PROVISIONS 17 18 . . . . 19 20 Sec. 105. Nonconformity. 21 22 . . . . 23 24 (c) Continuation. A nonconformity may continue provided that it remains otherwise 25 lawful, subject to the provisions set forth in this section. However, no nonconformity 26 shall continue if it ceases for any reason for a period of more than two (2) years. 27 28 (d) (1) Enlargement or extension of nonconformity. No nonconforming use shall be 29 increased in magnitude. No nonconforming use shall be enlarged or extended 30 to cover a greater land area than was occupied by the nonconformity on the 31 effective date of this ordinance or amendment thereto. No nonconforming use 32 shall be moved in whole or in part to any other portion of the lot, parcel, or 33 structure not occupied by the nonconformity on the effective date of this 34 ordinance or amendment thereto, and no nonconforming structure shall be 35 moved at all except to come into compliance with the terms of this ordinance. 36 No nonconforming structure shall be enlarged, extended, reconstructed, or 37 structurally altered, if the effect is to increase the nonconformity. As an 38 exception to the above, any condition of development regarding a 39 nonconforming use or a nonconforming structure associated with a 40 nonconforming use, prohibited by this section may be permitted by resolution 41 of the city council based upon its finding that the proposed condition is equally 42 appropriate or more appropriate to the district than is the existing 43 nonconformity. City council may attach such conditions and safeguards to its 44 approval as it deems necessary to fulfill the purposes of this ordinance. 45 Applications for the enlargement, extension or relocation of a nonconforming 46 use or structure shall be filed with the planning director. The application shall 47 be accompanied by a fee of six hundred sixty dollars ($660.00) to cover the 48 cost of processing the application. Such fee shall include all costs of 49 notifications and advertisings. The planning director shall cause the application 50 to be advertised for public hearing before the planning commission. Notice 51 shall be given as provided by Section 15.2-2204 of the Code of Virginia; 52 provided, however, that written notice as prescribed therein shall be given at 53 least fifteen (15) days prior to the hearing. A sign shall be posted on the site in 54 accordance with the requirements of section 108 of this ordinance. The 55 planning commission shall hold the public hearing at the time and place 56 announced. Following the public hearing, the commission shall by motion 57 adopt its recommendation and findings, and shall transmit such 58 recommendation and findings to city council. Upon receiving such 59 recommendation, the city council shall give notice of a public hearing as set 60 forth in this section and shall thereafter hold a public hearing and act upon the 61 proposed application. 62 63 (i) Any condition of development prohibited by this section, with respect to 64 nonconforming structures not associated with a nonconforming use, may be 65 granted by the Board of Zoning Appeals in accordance with section 106. 66 67 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I-e,e,oe,2 &4 0 7"Z - 16j�� i�& — tanning Department City Attorney's Offi CA16987 R-1 September 26, 2025 2 52 ITEM— V K APPOINTMENTS ITEM#77863 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: A UDIT COMMITTEE BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICYAND MANAGEMENT TEAM COMMUNITY SERVICE BOARD DEFERRED COMPENSATIONBOARD EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITYAUTHORITY HEALTH SERVICES ADVISOR YBOARD HISTORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD December 9, 2025 53 ITEM— V.K APPOINTMENTS ITEM#77864 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: VANESSA L. CHRISTIE Unexpired term thru 212912028 MILITARYECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings December 9, 2025 Sal ADJOURNMENT ITEM#77865 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 6:19 P.M. Terri H. Chelius Chief Deputy City Clerk Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia December 9, 2025