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FEBRUARY 17, 2026 INFORMAL AND FORMAL SESSION MINUTES
K A,� �Or 0a M VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia FEBRUARYI7,2026 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, February 17, 2026, at 1:32 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Barbara M. Henley—Arrived at 2:07 P.M. David Hutcheson—Bereavement 2 CITY COUNCIL'S BRIEFINGS GENERAL ASSEMBLY UPDATE ITEM#77991 1:33 P.M. Mayor Dyer welcomed Brent McKenzie, Legislative Affairs Director. Mr. McKenzie expressed his appreciation to City Council for their continued support and distributed copies of today s presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. McKenzie for the presentation. February 17, 2026 2026 General Assembly Week 5 2026 Session Today's update: • Status of Legislative Agenda items • Legislation of interest Goal of today's presentation is to provide an update on the General Assembly session and highlight legislation of interest 10:1 Charter Election HB 187 Convirs- • Passed House 83-13-1 ; referred to Senate Local System Fowler Gov't SB 681 Rouse • Passed Senate 27-13; Passed House 72-25-1 and now heads to Governor Cancer Screenings for HB 393 Askew • Reported from House Appropriations Public Safety subcommittee 20-0 (3rd read on Tuesday) EMS "Four for Life" funding HB 57 Feggans • Passed the House 98-0 and referred to Senate Transportation Subaquatic Vegetation HB 390 Askew • Passed House 98-0; Referred to Senate Agriculture, Conservation, and Natural Resources Committee Menhaden Fishing Study HB 1049 Carr • Reported from House Agriculture Committee 12- 10 and Rereferred to Appropriations 10-1 General Law HB 168 Askew • Passed House 75-24; referred to Local Gov't SB 51 Rouse Passed Senate 26-14; Passed House 72-26 and now heads to the Governor - N We SB 378 Surovell E Collective Bargaining for Public Employees SB 378 reported from Finance 10-5 1 • HB 1263 reported from HB 1263 Tran ( Appropriations 15-7 SB 228 Surovell Eliminates sovereign immunity up to the amount of • Continued to 2027 insurance or self-insurance reserves for any tort case HB 569 Feggans Requires prevailingwage for public works projects • HB 569 reported from C&L 15-7 E SB 518 Rouse • SB 518 passed Senate 20-19 SB 233 Head Changes how aid to locality funds for fire departments are Changed to a study and Reported distributed, prioritizing fiscal distress instead of from Finance 15-0 ' population HB 5 Requires one hour of paid sick leave for every 30 hours • Passed House 63-35 Convirs-Fowler worked for all employees. Delayed effective date of July 1 , 2027 • SB199 reported from C&L 9-6 SB 199 Favola SB 2 Boysko Establishes a mandatory paid family and medical leave • SB2 reported from Finance 10-5 insurance program with benefits beginning January 1 , HB1207 2029. Premiums assessed to employers and employees • HB1207 reported from beginning January 1 , 2028 Appropriations 15-7 - IRM • HB 900 Decreases the retail sales and use tax from 4.3 percent to Continued to 2027 SB 730 four percent and expands such tax to taxable SB638 services, defined in the bill, and digital personal property. Also, increased taxes in NOVA for Metro HB 378 Imposes a net investment income tax on individuals, Laid on the table 10-0 trusts, and estates HB 188, HB 979 Taxes income in excess of $1 million at a rate of 10 percent • Continued to 2027 HB 243 Imposes on large employers a corporate welfare tax equal • Continued to 2027 to 100 percent of the qualified employee benefits received by any employees of such large employer HB 566 Eliminates the Car Tax Laid on the table 7-3 • HB 1238 Authorizes a locality to regulate or restrict by ordinance the acquisition, marketing, Reported from Shinn and sale of animals in a pet shop, provided that such ordinance is consistent with state law. CCT 12-8 HB 707 Prohibits a public body from maintaining an official website for use by the public with Reported from Hayes a domain other than a .gov domain Appropriations 15-7 HB 343 Permits localities to adopt ordinances requiring children 14 years of age or younger to Passed House Martinez wear protective helmets whenever riding or being carried on a motorized skateboard 75-22 or scooter or a nonmotorized scooter. HB 1120 Directs the Department of Motor Vehicles to convene a work group of relevant Passed House Singh stakeholders to examine and make recommendations for options and measures for 97-0 improving the safety of electric power-assisted bicycles HB 269 Establishes a new class of vehicle, the motorized mobility vehicle, as defined in the Continued to Reid bill, and establishes requirements for the sale, operation, registration, and titling of 2027 such vehicles. HB 514 Establishes an outreach program to ensure military service members transitioning Passed House Martinez from military to civilian life and their family members can easily access federal, state, 97-0 and local benefits and other programs and services available to them. HB 505 Prohibits a member of a governing body of a locality from holding any other position of Reported from P McAuliff employment with such locality & E 13-8 I I0 HB 684 DCJS to develop a training course for local government technicians or conservators of the peace • Reported from Hayes (CoP) to review speed camera and red-light camera photos Transportation SB 59 15-6 Diggs • Passed Senate 31-9 HB 1330 Authorizes state and local law enforcement agencies to place & operate pedestrian crossing and Reported from Seibold stop sign monitoring systems within school crossings, highway work zones and high-risk speed Transportation 15-6 corridors to record violations HB 994 Expands photo speed enforcement zones and incorporates all of HB1220 Reported from Seibold Transportation 14-7 SB 219 Requires a second summons be issued before DMV can cancel vehicle registration for unpaid photo Passed Senate 37-2 Jones speed summons SB 221 Expands the hours school zones can be active to 1-hour prior to school and 1-hour after school Passed Senate 40-0 Jones SB 436 Requires workers be present for a photo speed program in a work zone Passed Senate 40-0 Bagby Now � fi HB 1220 Directs Virginia Supreme Court to establish a uniform summons to be used for photo speed Reported from Delaney enforcement violations. Use of the uniform summons is required starting July 1 , 2027. Transportation 15-6 • Establishes requirements for the summons to include information to contest or paying a civil violation and the opportunity for the inspection of photo speed device speed calibration On 3rd reading information within 30 days of the mailing of a summons. • Requires 2 conspicuous signs placed within 1 ,000 feet of the photo speed device warning of the use of photo speed devices and one of these signs must be a speed display sign that measures the speed of oncoming vehicles and displays that speed in real time to drivers. Signage requirements have a delayed enactment date of July 1, 2027. • Restricts how fines and fees collected from violations may be used by a locality to specific road safety improvements such as traffic safety, speed management, bicycle and pedestrian safety, local systemic safety initiatives eligible for funding under the Virginia Highway Safety Improvement Program with projects prioritized in those areas where photo speed enforcement is in use in the locality. • Eliminates the ability of vendors to collect any fees for the mailing of violations or administrative fees other than for reasonable postage costs and no more than a 5% processing fee in addition to the civil penalty of$100. • Includes new requirements for vendors to provide calibration data of photo speed devices within 10 days electronically or postmarked within 10 days of receiving the request from a person issued a violation from a photo speed device. Vendors who fail to meet these requirements are subject to a $1,000 civil penalty per violation. Localities in violation of these requirements waive sovereign immunity • There are also new reporting requirements r uoissnosici 3 CITY COUNCIL'S BRIEFINGS CUSTOMER SERVICE AND DEVELOPMENT REVIEW STATISTICS ITEM#77992 2:15 P.M. Mayor Dyer welcomed Kathy Warren,Director-Planning. Ms. Warren 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. Warren for the presentation. February 17, 2026 �tlr n w n 0 i+ w CUSTOMER SERVICE AND DEVELOPMENT REVIEW STATISTICS Kathy M. Warren, Director, Planning & Community Development Carrie L. Bookholt, Deputy Director, Planning & Community Development February 17, 2026 CITY OF VIRGINIA ,a BEACH Topics • Customer Service Offerings and Statistics • Development review process • FY 2025 Statistics e Performance Tracking e Allotted timelines for reviews • Current Statistics for Site Plans • Current Statistics for Building Plans • Questions? DEVELOPMENT REVIEW STATISTICS 2 Customer Service Initiatives • Customer Service Counter • Full-service Monday-Friday hours �r • 2 Full-time Customer Service positions • New Payment Options New Phone System - Queuing for customers „murn Ugni'ty Data collection Cam Development Department coordination FY26 to date: axe 5,268 Customer Visits • Average 752 per month F, 28,803 phone calls Average 4,114 calls per month Capture rate 92.7% DEVELOPMENT REVIEW STATISTICS 3Vf Fiscal Year 2025 Numbers --�l Presubmittal • SitBuilding Permit Meeting Review & Review & Approvals Issuance (Optional) Approval Approval Inspections 101 450 2,655 34,631 78,976 Presubmittal Applications Submittals Permits Inspections Meetings Approved Reviewed Issued Performed Held DEVELOPMENT REVIEW STATISTICS 4 ' �z PermitStat include:PermitStat initiatives s ® $ Data collection a m @ a ® w Department coordination * Hardware/Software a Z Z $ upgrades p „,M d °t Revs at Efficiency processes a: 2„ < � ; � s £ � � L Average Monthly Review Cycles a z° o Staffing 2023 •Number of Plars Apprrned Average Numherof 2 oMonthly and Quarterly reports will be available soon on the Average Monthly Plans Approved 20 Planning website 14.25 90 DEVELOPMENT REVIEW STATISTICS 5 ti Development Services Center (DSC) Site Plan Review Timelines • July 1, 2025, H B 2660 reduced State mandated review timelines by 33.3% • Initial review— 60 days to 40 days; Subsequent reviews-45 days to 30 days ®; � • Internal review policy: Irk • Initial review — 28 days III ® • Subsequent reviews — 21 days 11111 d,11a®I�® • Single Family: II�1 01 � IIL Initial review — 21 days R7 ' Subsequent reviews — 14 days •m W 'kI @7 •O DEVELOPMENT REVIEW STATISTICS 6 VB p Business Average Days with w verage verage Sete Plan `# Appr Review 'City Allowe Business Busa Business Type Plans 2025* Days wit Days Days to Cycles per State Custome Approval Single Family 128 2.8 63.6 36.1 48.6 84.7 Duplex 20 3.7 82.5 60.6 80.3 140.9 Commercial 43 4.6 100.2 79.0 111.1 190.1 Permits & Inspections Building Plan Review Timelines • No State mandated review timelines for Building Plans © © • Internal review policy targets: © • Commercial New • Initial review — 30 days • • Subsequent reviews — 15 days • Commercial Alteration or Addition • Initial review — 10-30 days s IC • Subsequent reviews — 10-15 days q y Residential New • Initial review — 30 days a • Subsequent review — 15 days • Residential Alteration or Addition • Initial review — 3-30 days • Subsequent reviews — 3-15 days DEVELOPMENT REVIEW STATISTICS 8 �. Business Avg rag Average" gage se : Approve. , Review Days with � Busine usin ss= 8usi ss C Allow ass with days vt Da tt rc ; . ,e 025 �s� ,. C�c a ... z per Policy Ci Commercial New Building 27 2.6 36.5 12.0 22.4 34.4 Commercial 10 to 20 Alteration/ based on Addition 783 1.8 scope of work 9.9 13.0 22.9 Residential New Building 277 2.1 31.5 10.7 15.4 26.1 Residential 3 to 20 based Alteration/ on scope of Addition 1986 1.58 work 4.3 7.1 11.4 OngoingTracking & Information • Land Use Report — Published monthly • Review Time Reports — Coming soon to website • Process Improvement Committee Report — monthly report • FAP Initiative 2.20 — Encourage development of attainable workforce housing DEVELOPMENT REVIEW STATISTICS 10 a Questions . DEVELOPMENT REVIEW STATISTICS 11 V 4 CITY COUNCIL COMMENTSIDISCUSSION/INITIATIVES ITEM#77993 2:37P.M. Council Member Ross-Hammond advised the Lake Smith Community Sign dedication ceremony was held last Sunday as part of her initiative to recognize all of the City's historic African American neighborhoods. Council Member Ross-Hammond advised despite the rain, it was a wonderful event with a large audience including many elders, Aekta Javia—Chair of the Minority Business Council and Mr. Boyd, a Lake Smith resident and opera singer who graduated from The Juilliard School. Council Member Ross-Hammond expressed her appreciation to all those who attended as well as Mayor Dyer for providing his remarks at the ceremony. February 17, 2026 S CITY COUNCIL COMMENTS/DISCUSSIONIINITMTIVES ITEM#77994 (Continued) Council Member Henley referenced a City Staff Report regarding Council Member Sponsored Events and asked for clarification on what is meant by the cap of four (4) times a year and if it will prevent her from continuing to hold the monthly forums she has hosted for thirty(30)years. City Manager Duhaney advised this was a topic discussed during the recent City Council Retreat and explained the cap refers to limiting the number of times City Staff may be requested to attend and provide presentations at Council Member's Town Hall Meetings to four(4) times a year. City Manager Duhaney further advised Council Members may continue using City facilities to hold monthly forums or Town Hall Meetings every month if they would like,provided City Staff are not requested to present more than four (4) times per year. Council Member Henley advised that keeping the public informed is one of the most important responsibilities of a Council Member and there are times when City Staff can provide detailed information to help the public have a better understanding. Council Member Henley expressed her concern that there may be situations when City Staff are needed more than four (4) times due to the complex issue and especially in District 2, which covers such a large area with so many public interest items. Mayor Dyer advised it is important to consider the workload demands placed on City Staff who support multiple public engagements across ten(10)Districts, often involving the same Departments and suggested it may be beneficial to hold joint Town Hall Meetings on issues that affect two (2) Districts. Mayor Dyer also suggested that residents may attend the Virginia Beach Police Department(VBPD) Precinct Citizen Advisory Committee (CAC) meetings which are open to all residents where they will receive updates from several City Departments. February 17, 2026 6 AGENDA REVIEW SESSION ITEM#77995 2:46 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS: 1. Ordinance to A UTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Lynbrook Landing Sidewalk Improvements Project, CIP 100423.112 2. Ordinance to AMEND City Code Section 21-230 re inclusion of South Woodhouse Road in the Traffic Calming Program 3. Ordinance to AMEND City Code Section 23-2 re curfew for unaccompanied minors 4. Resolution to PROVIDE direction to the City Manager re signage on public property (Requested by City Council) 5. Resolution to ESTABLISH a "Virginia Beach Sports District" and AUTHORIZE the City Manager to take actions in support (Requested by Mayor Dyer and Council Members Henley, Jackson-Green, Remick and Schulman) 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the School Board and APPROPRIATE miscellaneous revenue re use of school buses during the National High School Coaches Association Senior Nationals 7. Ordinance to AMEND the FY2025-26 Capital Improvement Program (CIP)for Flood Protection re Eastern Shore Drive projects 8. Ordinance to APPROPRIATE$40,000 from the fund balance of the Commonwealth's Attorney's Forfeited Assets Special Revenue Fund to the FY2025-26 Commonwealth's Attorney's Operating Budget re remodel existing office space 9. Ordinance to ACCEPT and APPROPRIATE $2,953,209 in surplus Regional Surface Transportation Program funds to Capital Project #100057, "Centerville Turnpike Phase II" re roadway improvement 10. Ordinance to ACCEPT and APPROPRIATE $24,346.47 from the Commonwealth's Office of Emergency Medical Services to the FY2025-26 Department of Emergency Medical Services(EMS) Operating Budget and AUTHORIZE a 50% in-kind grant match re four (4)portable ventilators and accessories February 17, 2026 7 AGENDA REVIEW SESSION ITEM#77995 (Continued) 11. Ordinance to TRANSFER$1-Million within the FY2025-26 Capital Improvement Program(CIP) from Capital Project #100552, "Western Branch Lynnhaven River Maintenance Dredging II" to Capital Project#100345, "Rudee Inlet Outer Channel Maintenance Dredging IT're dredging K. ORDINANCES I RESOLUTIONS. ITEM#5 WILL BE CONSIDERED FOR DEFERRAL TO APRIL 21, 2026 February 17, 2026 8 AGENDA REVIEW SESSION ITEM#77995 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING: 1. DAVID A. &ROBIN PARKER for a Street Closure re approximately 3,750 square,feet of Arctic Avenue adjacent to 300 Winston Salem Avenue DISTRICT 5 2. CARDINAL SIGN CORPORATION/VS CORP INC for an Alternative Compliance re replace existing monument sign at 4616 Virginia Beach Boulevard DISTRICT 3. MATTHEW SCORNAVACCHI for a Modification of Conditions to a Change in NonconformitX re modify previously approved concept plan, renderings and elevations for existing staircase, deck and future handicap accessible ramp at 514 9`"Street DISTRICT 5 4. STAR OF THE SEA CATHOLIC CHURCH & CATHOLIC DIOCESE OF RICHMOND / CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re Commercial/Church parking lot at 1500 Pacific Avenue DISTRICT 5 5. PATRICK& JOYE PATZER for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District re retail store at 901 First Colonial Road DISTRICT 6 6. BIVI/PADEL,LLC/LASKIN ROAD ASSOCIA TES,LPfor a Conditional Use Permit re indoor recreational facility at 941 Laskin Road DISTRICT 6 7. C THE JEMS,LLC/RICHARD D. GOLDSTEIN&JAMES P. GOLDSTEINfor a Conditional Use Permit re bulk storage yard at 1361 Virginia Beach Boulevard DISTRICT 6 8. ZAKIYA WALCOTT/HODA INVESTMENTS LLC for a Conditional Use Permit re assembly use at 5193 Shore Drive, Suite 108 DISTRICT 9 L. PLANNING: ITEM#7 WILL BE CONSIDERED FOR DEFERRAL TO MARCH 17, 2026 February 17, 2026 9 ITEM#77996 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3 711(A)(7). • City of VB v. LDSM, et al. PUBLICLY-HELD PROPERTY. Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(3). • District 2 • District S • District 6 PUBLIC CONTRACT:Discussion of the award of a public contract involving expenditure of publ is funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3711(A)(29) • Aquarium Memorandum ofAgreement PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment,promotion, performance, demotion,salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3 711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointments February 17, 2026 10 ITEM#77996 (Continued) Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council voted to proceed into CLOSED SESSION at 3:10 P.M. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson Break 3:10 P.M. — 3:22 P.M. Closed Session 3:22 P.M. — 5:24 P.M. February 17, 2026 11 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL FEBRUARYI7,2026 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, February 17, 2026, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson-Bereavement INVOCATION.• Mayor Dyer MOMENT OF SILENCE PLEDGE OFALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF"ERICA 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 Mh 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. February 17, 2026 12 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 ofthe 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. February 17, 2026 13 OF CERTIFICATION ITEM#77997 Upon motion by Council Member Ross-Hammond, seconded by Council Member Remick, 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, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 G1NI''8�4c .rf S 0 OF OUR NpSON RESOLUTION 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#77996 on Page 10 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Am da Barnes, C City Clerk February 17, 2026 14 ITEM— V.G.I MINUTES ITEM#77998 Upon motion by Council Member Remick, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 3,2026 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: David Hutcheson Council Members Abstaining: Rosemary Wilson February 17, 2026 15 ITEM— V.G.2 MINUTES ITEM#77999 Upon motion by Council Member Remick, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the SPEC2AL FORMAL SESSION of February 10,2026 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 16 ITEM— i.H.1 MAYOR'S PRESENTATIONS ITEM#78000 RESOLUTION CAPTAIN JOSHUA A. "NOODLE"APPEZZA TO DAY On behalf of City Council, Mayor Dyer welcomed Captain Appezzato and read the Resolution commemorating February 17`" as, "Captain Joshua A. "Noodle"Appezzato Day". Captain Appezzato was recognized for his distinguished military career spanning over twenty-five years and his leadership as Commanding Officer of Naval Air Station (NAS) Oceana which enhanced infrastructure, improved the quality of life on the installation and deepened the relationship between NAS Oceana and the City of Virginia Beach, including two (2)successful Air Shows. Captain Appezzato expressed his appreciation to City Council for this recognition and advised that serving as Commanding Officer at Naval Air Station Oceana has been the honor of his naval career and being a part of this community has been the privilege of a lifetime. Captain Appezzato expressed his appreciation for the close relationships he has had with the City's leadership including the Schools in Virginia Beach and Chesapeake, crediting the success of the Air Shows to their support. Captain Appezzato advised he likes to refer to the City as the "land of pleasant living"and often describes his service here as, "no better base, no better place"and expressed he will always treasure this recognition. February 17, 2026 a14��NlA-BEQ�� 6 c r ?i99�TTs 5 0�(i a-�F OUR NATe RESOL=ON WHEREAS: Captain Joshua Anthony Appezzato,call sign "NOODLE",hailing from that other great Navy community,the City of Alameda, California,proudly graduated in 2000 from the University of Notre Dame having earned degrees in both History and Spanish Literature, and having at the same time received his commission in the United States Navy, and who, having earned his Wings of Gold as a Naval Flight Officer in 2002,was then assigned to Strike-Fighter Squadron FOUR ONE(the world famous Black Aces)with which he twice deployed in support of Operation IRAQI FREEDOM, including the inaugural combat cruise of the FIA- 18F`Rhino"aboard USS AVA=(CVN--68);and WHEREAS: In 2006 Captain Appezzato was selected to attend the Navy s venerable Fighter Weapons School(known to the Navy and moviegoers alike as "TOPGUN')where he subsequently remained as a TOPGUN instructor. He then returned to the Fleet in 2009 making combat deployments with Strike-Fighter Squadron TWO-TWO and Strike Fighter Squadron ONE FIVE FOUR(Black Knights Rule!)in support of Operations ENDURING FREEDOMand NEW DAWN,after which he held command-at-sea at Strike- Fighter Squadron FOUR-ONE during which he expertly led the Black Aces on the 2018-19 around-the-world combat cruise aboard USS JOHN C.STENNIS(CVN--74),supporting Operations FREEDOM'S SENTINEL and INHERENT RESOLVE;and WHEREAS: Captain Appezzato has also served as the Air Operations Officer aboard USS GEORGE WASHINGTON(CVN--73), the Strike-Fighter community detailer at Navy Personnel Command,and the Safety Officer at Commander,Naval Air Force Atlantic, and earned a Master of Arts in Defense and Strategic Studies at the Naval War College;and WHEREAS: In the midst of accumulating more than 3,000•flight hours and 857 arrested landings in the FIA-18F, including 103 combat missions,thus earning two Meritorious Service Medals and multiple Strike/Flight Air Medals,Navy Commendation Medals, and other unit,campaign and service awards,he found the time in 2016 to craft a sufficiently intriguing profile that ultimately won the affection and hand in marriage of the former Miss Jill Daigle of Fresno,California,who, together with Captain Appezzato and their beloved CavaPoo,Parker,have graciously opened the haunted mansion known as the Bell House to friends far and wide;and WHEREAS: Since his assignment as Executive Officer in February 2023,and continuing throughout his tenure as NAS Oceana's Commanding Officer which began on August 9,2024,he vigorously fought to improve the critical infrastructure and the quality of life at the three bases under his command, while at the same time working to profoundly deepen the relationship between NAS Ocean and the City of Virginia Beach,especially through the intricate Navy-City collaboration necessary to produce three hugely successful Air Shows;and WHEREAS: Having created an enduring legacy which is best exemplified by his frequent description of NAS Oceana and the City of Virginia Beach as "the Land of Pleasant Living,"Captain Appezzato will be relinquishing command of Naval Air Station Oceana on February 19,2026, but who will always be known to exempla the finest traditions of the U.S.Navy as an officer,a gentleman, a gallant warfighter,and a friend. NOW,THEREFORE,BE ITRESOLVED: That the Virginia Beach City Councilpauses in its deliberations to recognize Captain Joshua "Noodle"Appezzato to thank him for his meritorious service to the Navy,our country,and our City. RESOL VED,that all citizens recognize Captain Appezzato's exemplary military service and this day is commemorated as: Captain,loshua '5 oodre"Appezzato (Day Given by the Council of the City of Virginia Beach, Virginia the 17'day of February 2026 and present this Resolution duly signed by each Member of the Virginia h City Council. unc 04. /-,,- 0 i Member Michael F.Berlucchi C mber Stacy Cu rang Council Member Barbara M.Henley ouncil Member avid utcheso C7funcil Member C "Cash"J n-Green &-u ei'/Member Robert W. "Worth"Remick b Council Member Dr.Amelia Ross-Hammond 91ciember Jennifer V.Rouse Cou cil Member Joahhua F.Schulman Vice Mayor Ros ary Wilson Mayor Robert A. "Bobby;"'Dyer 17 ITEM— V H.2 MAYOR'S PRESENTATIONS ITEM#78001 PROCLAMATION SCHOOL CROSSING GUARDS APPREC)A TIONDA Y On behalf of City Council, Council Member Berlucchi welcomed the school crossing guards in attendance and read the Proclamation recognizing February 17, 2026 as "School Crossing Guards Appreciation Day". The Proclamation recognized the vital role school crossing guards play in ensuring the safety of children traveling to and from school and the important partnership they have with the City's Police Department in promoting community safety, increasing driver awareness of pedestrians, and teaching students safe practices near roadways. Council Member Berlucchi called upon all citizens to show their support for the dedicated crossing guards serving in the City and encouraged all motorists to be especially careful when driving near schools. Chief Neudigate expressed his appreciation to City Council for this recognition and thanked the school crossing guards, who he referred to as the unsung heroes that truly contribute to the public safety mission and take care of all children. Mayor Dyer recognized several Scouts in attendance from Troop #791 and thanked them for attending tonight's City Council Meeting. February 17, 2026 o 'y, La�.'C99o�A "YtGuag�Ni AlAt xtS-Czuamd punpunsnoyL o(nL`,CLmuga,b fo Cnp�yzuaaluanass:yzpak ffD aq oz =14&1A, �pvagL vygb-lan fo 4i3 ayz fo jnaSImoffo 9JI I pasnDo pun puvy (u 1as ozunawy an.Dy I foawy(yy ssaupIn u7 s7ooy3sLDau Bumup uaymjnfaLm C�vuadsa ag oz slsuolout p vYmnooua Ipuv lkC i,)Lno BumLas spLanBYu., oLo pazao:yap ap Lof uodd-4py1 moys oy p-g)mu}B.n(,fo 42D ay1 fo sua ;u_Vn uodn Ij-I ym-T Dzu:Bs� uI iCv(D uouvwSud iV y. nj Agyvoujjooy-qs Y `9ZOZ `Y I famugg,1), .ra�oosd,Cgawy op mu b,'c'4�J—o m-!YL:(,fo 4")ay1 fo"o cvx`.afa)u Icggoq). w uagoy,`I Wfi ay7,`=-AC spsnnB buu O.I o jooyos fo uotziuBooaL Lof(Lmuga� us my paznuBzsap uos;n;sodsuaL,b fo ;uaucundaa) mu:Bxrj ay1 6IOZ —y sva"y^ puD.fliunucuioo Lno o; JAWS L?ayl Lof apnlzlnL6 zjafzLnay Lno anLarap sptvnB YuusoLa Jooyos biq� ompLny s41,)Lno puv 'yonag mu:BL:� iof 4uoyd doz n s: a)doad BunolCLno fo r4unoas pun f4afns ay; sva�ayryy puD.'uaLpJiyo Lno fo Buiag Zjam puD�afns ay;01;uatuz:mwoo -1 a 1 LOf,9Yk u-yz spuar ,--pun spLanB ButssoLo jooyos sz:fo pnoid s-i yonag�mu;64. ,fo Ir4Q ay1 svaLayM puD fmspun szuasnd'.szuapnls Bu1;aad `au1yS LO u1DL `'C�gooyas yona ,C1np uo aLn oym s7Dnpuz�put paznnpap aLa syLDnB BuusoLo pops, svasayM pun:s6mpnOL LDau Bu!UOL puD Bu yoiG`Bu1yDm Lof saolvnLd;sag ay1 Bu'mmy uT uaL,Pjzyo ap:nB spLanB ay1 pua 'suvu;sapad fo aLnma zuoru sLaa.up a-jmu spsmzB Buzrsou�ooyos svatay$l pun:gvmssou ayz fo sumpLnnyayz aLn pun�Caafns rCvunuuioo y7m 7uvwvvdsU)xyodj yno muzBLin ay1 uoddns spLanB BuissoLo jooyos zmlay^ pun.'uaspJtyo ylvn diysucnzvlaL zuapaoxa un pun`IMVImyo fO jnap znaLB n'r4y.lquuodml f am's chap a an.Dy lsnuc pun yooyos woLfpun oz Cnm Lzayz uo afns uaLyjiyo Bu*a' u:agoL jnlpm a Cryd spLanB Buusou jooyos svat 41 uoiwivmvpoi T NoutlN bno 40 Z 5 9.'vvI 18 ITEM— VLI PUBLIC HEARING ITEM#78002 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE-FIBER OPTIC DARK CABLE TO L UMOS TELEPHONE LLC There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING February 17, 2026 19 ITEM— V J FORMAL SESSION AGENDA ITEM#78003 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 Remick, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions K. 1, 2, 3, 4, S(DEFERRED TO APRIL 21, 2026), 6, 7, 8, 9, 10 and 11 and Planning Items L:1,2,3, 4, S, 6, 7(DEFERRED TO MARCH 17,2026) and 8 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 20 ITEM— V.K.1 ORDINANCES/RESOLUTIONS ITEM#78004 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Lynbrook Landing Sidewalk Improvements Project, CIP 100423.112 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE LYNBROOK LANDING SIDEWALK 4 IMPROVEMENTS PROJECT, CIP 100423.112, 5 AND THE ACQUISITION OF TEMPORARY 6 AND PERMANMENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS, the Lynbrook Landing Sidewalk Improvements Project, CIP 100423.112 10 (the "Project"), is a roadway improvements project to improve transportation, connectivity 11 and safety within the City and for other related public purposes for the preservation of the 12 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 13 in the City of Virginia Beach; 14 15 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 16 public necessity exists for the construction of this important public project to construct 17 sidewalk facilities to provide safer alternative transportation options within the City; to 18 improve public access to nearby schools, commercial destinations, and transit routes; to 19 enhance pedestrian connectivity within adjacent neighborhoods; and for other related 20 public purposes for the preservation of the safety, health, peace, good order, comfort, 21 convenience, and welfare of the people in the City of Virginia Beach; and 22 23 WHEREAS, the proposed sidewalks and curb ramps are designed and will be 24 constructed in accordance with current Americans with Disabilities Act("ADA") standards. 25 The Project also includes reconstruction of existing curb ramps at the intersection of Baker 26 Road and Lynbrook Landing to meet current ADA standards. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 Section 1. That the City Council authorizes the acquisition by purchase or 32 condemnation pursuant to Sections 15.2-1901, et seq., and Title 25.1 of the Code of 33 Virginia of 1950, as amended, of all that certain real property in fee simple and temporary 34 and permanent easements (the "Property"), as shown on the plans entitled "LYNBROOK 35 LANDING SIDEWALK IMPROVEMENTS CIP NO. 100423.112 PWCN-25-0039,"and also 36 described on the acquisition plats for the Project (plats and plans collectively referred to as 37 the "Plans"), the Plans being on file in the Engineering Division, Department of Public 38 Works, City of Virginia Beach, Virginia. 39 40 Section 2. That the City Manager is hereby authorized to make or cause to be made 41 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 42 offer to the owners or persons having an interest in said Property. If refused, the City 43 Attorney is hereby authorized to institute, prosecute, and settle or resolve proceedings to 44 condemn said Property. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 th day of 47 February , 2026. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY OS PU) LI WORK - REAL ESTATE CITY ATTORNEY CA17023 R-1 12/22/2025 �F ill yrt"s 5,h r' 00 WFSt'�'AN--\��P�(G� yw � SITE ti� UC`f'�a grFiQ, H � qRC ,. p rti/q BEACH Z Rim i�6 Z���p �tiRip �A L r _ " •� fir► x C r I + 4, f I TA Legend PROJECT LIMITS g LYNBROOK LANDING SIDEWALK IMPROVEMENTS Project Limits CIP# 100423.112 0 200 400 City Property I mmil Feet XiSurvevslPRO.1FCTS\ArcGs rowel%\Real FMate\Aaerxfa titans\CIP Prnecis;% 21 ITEM— VX 2 ORDINANCES/RESOL UTIONS ITEM#78005 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AMEND City Code Section 21-230 re inclusion of South Woodhouse Road in the Traffic Calming Program Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 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. 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. 78 Effective as of February 17, 2026: 79 M West Alanton: S Woodhouse Road. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th day of February , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City Attorney's Office I APPROVED AS TO CONTENT: G Public Works CA17092 R-1 January 30, 2026 I 1 i I i f jI 3 t f Li N (� a MgRIIVER 60 -} o a WINDJA rn CT ( u = j o7 n Z B COOPER RD 75A0 o o a DLL LI in o00 C�RFS� PS �C E�] E2= 4 a o =S WOODHOUSE RD 0 ❑ o LOCATION MAP �o TRAFFIC CALMING o Q S. WOODHOUSE ROAD 3 �] 0 300 600 Feet 0 Prepared by JCS\P W Enq\Survey Bureau\01-27-2026 XASurveys\PROJECTS\ArcGrs Project s\Traffic Enginennng\Traffic Calming Maps\260026 S Woodhouse Rd\S Woodhouse Rd aprx 22 ITEM— V K.3 ORDINANCES/RESOLUTIONS ITEM#78006 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,AS AMENDED, BY CONSENT, Ordinance to AMEND City Code Section 23-2 re curfew for unaccompanied minors Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 UPDATED VERSION 1 AN ORDINANCE TO AMEND SECTION 23-2 2 OF THE CITY CODE PERTAINING TO 3 CURFEW FOR UNACCOMPANIED MINORS 4 5 SECTION AMENDED: § 23-2 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 1. That Section 23-2 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 23-2. Curfew for minors. 14 15 (a) It shall be unlawful for any minor under the age of eighteen (18) to be 16 present on any street, road, alley, avenue, park or other public place in the city, or in 17 any vehicle operating or parked thereon, between the hours of 410:00 p.m. and 5:00 18 a.m., unless accompanied by the parent, guardian or other adult person having the 19 care, custody or control of such minor. 20 (b) It shall be unlawful for any parent, guardian or other adult person having 21 the care, custody or control of any minor under the age of eighteen (18) to permit, allow 22 or encourage such minor to be present on any street, road, alley, avenue, park or other 23 public place in the city, or in any vehicle operating or parked thereon, between the hours 24 of 410:00 p.m. and 5:00 a.m. in violation of the provisions of subsection (a) of this 25 section. 26 (c) Whenever any police or other officer charged with the duty of enforcing 27 the laws of the state or ordinances of the city shall discover or has his attention called to 28 the fact that any minor under eighteen (18) years of age is present on any street, road, 29 alley, avenue, park or other public place in the city, or in any vehicle operating or parked 30 thereon, between the hours of 410:00 p.m. and 5:00 a.m., such officer shall make an 31 immediate investigation for the purpose of ascertaining whether or not the presence of 32 such minor is in violation of the provisions of this section. If such investigation reveals 33 that the presence of such minor is in violation of the provisions of this section, the officer 34 may charge the minor with a violation of this section and release the minor on a 35 summons, or the officer may cause the minor to be taken to his,ho ne O place of 36 residenGe,-4r4d released to his parent, guardian or other adult person having the care, 37 custody or control of such minor. If the officer deems that it will be for the best interest of 38 the minor, the minor may be taken to a nonsecure state certified crisis center or juvenile 39 shelter, or the minor may be taken to the intake division of the juvenile and domestic 40 relations district court of the city and thereafter be released or detained as provided in 41 article 4, chapter 11, title 16.1 (§ 16.1-246 et seq.) of the Code of Virginia. In those 42 cases where a summons is not issued, the officer may proceed as provided in article 5, 43 chapter 11, title 16.1 ( § 16.1-259 et seq.) of the Code of Virginia. 44 (d) The provisions of this section shall not apply to any minor who has been 45 emancipated as provided by section 16.1-333 of the Code of Virginia, or to any minor 46 engaged in the following activities: 47 (1) Any emergency errand reasonably necessary to safeguard life, limb 48 or property; 49 (2) Lawful employment, including going directly from the minor's 50 residence to the place of such employment or returning directly 51 from the place of such employment to the minor's residence; 52 (3) Attendance at a specified engagement or performance, attendance 53 at religious services or participation in any assembly or expressive 54 activity protected by the First Amendment of the United States 55 Constitution; provided that the minor shall have in his possession 56 written permission including the signature, address and telephone 57 number, of a parent, guardian or other adult person having care, 58 custody or control of such minor to attend such activity or event, 59 and shall return directly to his residence upon conclusion thereof; or 60 (4) Interstate travel through, beginning or terminating in the City of 61 Virginia Beach. 62 (e) Any person violating any provision of subsection (b) of this section shall be 63 guilty of a Class 4 misdemeanor. Any minor violating any provision of subsection (a) of 64 this section shall be deemed to be a child in need of services, as defined by section 65 16.1-228 of the Code of Virginia. Such minor and his parent, guardian, legal custodian 66 or other person stand in loco parentis shall be subject to the provisions of section 16.1- 67 278.4 of the Code of Virginia. 68 69 2. This ordinance shall be effective 30 days from the date of adoption. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th day of February , 2026. APPROVED AS TO LEGAL SUFFICIENCY: orney's ffice CA16916 R-2 February 17, 2026 23 ITEM— V.K.4 ORDINANCES/RESOLUTIONS ITEM#78007 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Resolution to PROVIDE direction to the City Manager re signage on public property (Requested by City Council) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION TO PROVIDE DIRECTION TO THE 2 CITY MANAGER REGARDING SIGNAGE ON 3 PUBLIC PROPERTY 4 5 WHEREAS, the City has experienced a proliferation of signage on City property 6 in the days leading up to elections; 7 8 WHEREAS, the signs can become safety hazards in inclement weather, 9 especially high winds; 10 11 WHEREAS, to deal with a heightened risk of violence and destruction of 12 property, the City has had to increase its public safety presence during the times when 13 locations have been made available to campaigns; 14 15 WHEREAS, acknowledging the limitations upon the regulation of such signage, 16 the City Council desires to provide direction to the City Manager; 17 18 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1. The City Manager, in coordination with the Voter Registrar and City Attorney, 22 is hereby directed to prepare and circulate a package of information to 23 campaigns providing the relevant limitations upon signage on City property 24 and seek a signature acknowledgement from the campaigns at least 60 days 25 prior to each election. 26 2. The City Council hereby directs the City Manager to prohibit signs on the City 27 property adjacent to the new location of the Office of the Voter Registrar. 28 Such prohibition does not include government speech, nor does it provide 29 limits upon canvassers and campaign representatives other than the 30 restrictions provided by general law. 31 3. The City Council hereby directs the City Manager to prohibit signs on the City 32 property during early in-person voting at satellite locations. Such prohibition 33 does not include government speech, nor does it provide limits upon 34 canvassers and campaign representatives other than the restrictions provided 35 by general law. This subsection's prohibition does not apply starting 6:00 36 p.m. the day prior to the day of the election, which is provided in subsection 37 #4, infra. 38 4. Starting 6:00 p.m. the day prior to the day of the election and ending promptly 39 after voting has concluded, signs are permitted at City-owned polling 40 locations in the designated locations provided by maps developed for such 41 locations. The placement of such signs shall be on a first come, first served 42 basis. No sign may be larger than 4 feet x 4 feet. 43 5. The City Manager is hereby directed to request the Virginia Beach School 44 Board adopt sign regulations for polling locations on VBCPS property that 45 match Sections 3 and 4, supra, of this Resolution. Such alignment of 46 regulations will allow campaigns to have a similar set of rules of property 47 owned by the City and the School Board. Adopted by the City Council of the City of Virginia Beach, Virginia, this 17th day of February , 2026. APPROVED AS TO LEGAL SUFFICIENCY: LC-tty A orney's Office CA17090 R-1 January 27, 2026 24 ITEM— VK.S ORDINANCESIRESOL UTIONS ITEM#78008 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council DEFERRED TO APRIL 21, 2026, BY CONSENT, Resolution to ESTABLISH a "Virginia Beach Sports District" and AUTHORIZE the City Manager to take actions in support (Requested by Mayor Dyer and Council Members Henley, Jackson-Green, Remick and Schulman) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 25 ITEM— VK.6 ORDINANCES/RESOLUTIONS ITEM#78009 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the School Board and APPROPRL4TE miscellaneous revenue re use of school buses during the National High School Coaches Association Senior Nationals Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT WITH 3 THE VIRGINIA BEACH CITY PUBLIC SCHOOLS AND 4 TO APPROPRIATE MISCELLANEOUS REVENUE 5 6 WHEREAS, the safe and efficient movement of people is a public purpose; and 7 8 WHEREAS, Virginia law allows a local governing body to enter into an agreement 9 with the local school board to use school buses; and 10 11 WHEREAS, the National High School Coaches Association Senior Nationals has 12 committed to reimburse the City for the actual costs of the use of school buses to transport 13 attendees of the National High School Coaches Association Nationals (the Event); 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA, THAT: 17 18 1. The City Council hereby authorizes the City Manager or designee to execute 19 an agreement with the Virginia Beach School Board consistent with the 20 requirements set forth in § 22.1-82 of the Code of Virginia and Policy 7-52 of 21 the School Board for the use of school buses during the National High School 22 Coaches Association Senior Nationals, provided the agreement is approved for 23 legal sufficiency by the City Attorney. 24 25 2. $11,000 in estimated reimbursement from the National High School Coaches 26 Association Senior Nationals is hereby appropriated, with miscellaneous 27 revenue increased accordingly, for the costs associated with the agreement for 28 use of school buses, provided the City Manager or designee is directed to 29 reduce this appropriation and the estimated revenue to the amount of the total 30 costs of the agreement authorized in #1, supra, when the amounts are known 31 and the work completed. 32 33 3. As a requirement of the City entering into the agreement with the Virginia Beach 34 School Board, the promoter of the Event shall provide the City with proof of 35 liability insurance, self-insurance, or other indemnity satisfactory to the City's 36 Risk Manager for full liability coverage of the City at no cost to the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of February 1 2026. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APP AS TO LEGAL SUFFICIENCY: Conve Ion nd Visitors B reau City'Atto ney's Office CA17085IR-2/February 9, 2026 26 ITEM— V.K.7 ORDINANCES/RESOLUTIONS ITEM#78 010 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AMEND the FY 2025-26 Capital Improvement Program (CIP) for Flood Protection re Eastern Shore Drive projects Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 1 AN ORDINANCE TO AMEND THE FY 2025-26 CAPITAL 2 IMPROVEMENT PROGRAM FOR FLOOD PROTECTION 3 FOR EASTERN SHORE DRIVE PROJECTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $27,310,858.61 in existing Flood Protection Program appropriations supported by 9 the Stormwater Enterprise Fund are hereby transferred within the Flood Protection 10 Section of the FY 2025-26 Capital Improvement Program as outlined in Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of February , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services :Dbrn�ey's Office CA17096 R-1 February 3, 2026 Exhibit A:Summary of Transfers Transfers From: Donor Amount 100154 EASTERN SHORE DRIVE DRAINAGE(PARENT PROJECT) 895,637.75 100229 LAKE CHUBB-BRADFORD LAKE 512,604.39 100022 ASHVILLE PARK DRAINAGE IMPROVEMENTS 315,037.44 100365 SEA LEVEL RISE/RECURRENT FLOODING ANALYSIS 829,822.38 100406 SWM MSTR PLANNING,ANALYSIS&INVENTORY 1,273,064.00 100504 PARCEL LEVEL FLOOD MITIGATION PROGRAM 2,330,587.14 100275 CENTRAL RESORT DISTRICT 21ST&BALTIC DRAINAGE 687,457.28 100486 WINDSOR WOODS DRAINAGE 3,504,816.07 100488 WINDSOR WOODS TIDE GATE 1,117,849.80 100520 SOUTHERN RIVERS WATERSHED STORMWATER PROGRAM 143,982.36 100405 SW INFRASTRUCTURE REHAB&IMPROV-PHASE II 5,000,000.00 100232 LAKE MANAGEMENT 5,000,000.00 100515 ENHANCED NEIGHBORHOOD REHABILITATION-PHASE 1 2,000,000.00 100671 BRIGADOON PARK WET POND 2,000,000.00 100669 OCEANA GARDENS CONSTRUCTED WETLANDS 400,000.00 100566 CHATHAM HALL WATER QUALITY IMPROVEMENTS 1,300,000.00 Total Transfers From 27,310,858.61 Transfers To: # Name Transfer Amounts 100150 Lynnhaven Drive Pump Station 6,147,962.00 100153 Cape Henry Canal Phase II 2,776,784.00 100167 Lynnhaven Colony Park Pump Station 18,386,112.61 100538 Elevate Lynnhaven Drive Total Transfers To 27,310,858.61 27 ITEM— V.K.8 ORDINANCES/RESOLUTIONS ITEM#78011 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRL4TE $40,000 from the fund balance of the Commonwealth's Attorney's Forfeited Assets Special Revenue Fund to the FY 2025-26 Commonwealth's Attorney's Operating Budget re remodel existing office space Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 1 AN ORDINANCE TO APPROPRIATE $40,000 FROM THE 2 FUND BALANCE OF THE FORFEITED ASSETS SPECIAL 3 REVENUE FUND TO THE OFFICE OF THE 4 COMMONWEALTH ATTORNEY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $40,000 is hereby appropriated from the fund balance of the Commonwealth 10 Attorney's Forfeited Assets Special Revenue Fund, with revenue increased accordingly, 11 to the FY 2025-26 Operating Budget of the Office of the Commonwealth's Attorney for 12 the remodeling of existing office space. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day Of February , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c Budget and Management Services Gi me s Office CA17099 R-1 February 4, 2026 28 ITEM— VX 9 ORDINANCES/RESOLUTIONS ITEM#78012 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $2,953,209 in surplus Regional Surface Transportation Program funds to Capital Project #100057, "Centerville Turnpike Phase IT' re roadway improvement Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $2,953,209 IN SURPLUS REGIONAL SURFACE 3 TRANSPORTATION PROGRAM FUNDS TO CAPITAL 4 PROJECT #100057, "CENTERVILLE TURNPIKE 5 PHASE II" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $2,953,209 from the Regional Surface Transportation Program is hereby accepted 11 and appropriated, with revenues increased accordingly, to Capital Project #100057, 12 "Centerville Turnpike Phase II." Adopted by the Council of the City of Virginia Beach, Virginia, on the 17thday of February 12026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2 1 - -11 U > 01 0 FAQ_A I jj�� 7j::: udget and Management Services C Attorney's Office CA17093 R-1 February 2, 2026 29 ITEM— V.K.10 ORDINANCES/RESOLUTIONS ITEM#78013 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE$24,346.47 from the Commonwealth's Office of Emergency Medical Services to the FY 2025-26 Department of Emergency Medical Services (EMS) Operating Budget and AUTHORIZE a 50% in-kind grant match re four (4) portable ventilators and accessories Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE RESCUE SQUAD ASSISTANCE FUND AND TO 3 AUTHORIZE A LOCAL GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $24,346.47 is hereby accepted from the Commonwealth of Virginia, Office of 9 Emergency Medical Services, and appropriated, with revenue increased 10 accordingly, to the FY 2025-2026 Operating Budget of the Department of 11 Emergency Medical Services to purchase four portable ventilators and 12 accessories. 13 14 2. A local match is hereby authorized within the FY 2025-2026 Operating Budget 15 of the Department of Emergency Medical Services. 16 17 3. The City makes no representation or promise to replace equipment purchased 18 with grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day Of February , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t Budget and Managemen rvices City Attorney's Office CA17097 R-1 February 4, 2026 30 ITEM— V K.11 ORDINANCESIRESOL UTIONS ITEM#78014 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to TRANSFER P-Million within the FY2025-26 Capital Improvement Program (C1P)from Capital Project #100552, "Western Branch Lynnhaven River Maintenance Dredging II" to Capital Project 4100345, "Rudee Inlet Outer Channel Maintenance Dredging II"re dredging Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 1 AN ORDINANCE TO TRANSFER $1,000,000 WITHIN 2 THE FY 2025-26 CAPITAL IMPROVEMENT PROGRAM 3 TO PROJECT #100345 "RUDEE INLET OUTER 4 CHANNEL MAINTENANCE DREDGING II" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT.- 8 9 $1,000,000 is hereby transferred within the FY 2025-26 Capital Improvement 10 Program from Capital Project #100552, "Western Branch Lynnhaven River Maintenance 11 Dredging II," to Capital Project #100345, "Rudee Inlet Outer Channel Maintenance 12 Dredging II." Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of February , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: k Al B dget and Management Services Ci y At o ey's Office CA17100 R-2 February 11, 2026 31 ITEM— VL.1 PLANNING ITEM#7801 S Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of DAVID A. & ROBIN PARKER for a Street Closure re approximately 3,750 square feet of Arctic Avenue adjacent to 300 Winston Salem Avenue DISTRICT S BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA DAVID A. & ROBIN PARKER for a Street Closure re approximately 3,750 square feet of Arctic Avenue adjacent to 300 Winston Salem Avenue DISTRICT S The following conditions shall be required: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public drainage easement over the closed portion of the Right-of-Way, subject to the approval of the Department of Public Works and the City Attorney's Office, respectively, which easement shall include a right of reasonable ingress and egress. 3. Should the Winston Salem Avenue Corridor Improvements Project, CIP100489 not be completed prior to final street closure approval, the Applicants shall provide to the City of Virginia Beach, and its assigns, a temporary construction easement over the closed portion of the Right-of-Way, subject to the approval of the Department of Public Works and the City Attorney's Office, respectively, until the Winston Salem Avenue Corridor Improvements Project, CIP 100489 has been completed. 4. The Applicants shall verb that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. S. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the Right-of-Way this approval shall be considered null and void. February 17, 2026 32 ITEM— i!L.1 PLANNING ITEM#7801 S (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 17`" day of February Two Thousand Twenty Six. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 1 ORDINANCE APPROVING APPLICATION OF DAVID A. 2 PARKER AND ROBIN PARKER FOR THE CLOSURE OF 3 APPROXIMATELY 3,750 SQ. FT. OF ARCTIC AVENUE 4 LOCATED ADJACENT TO 300 WINSTON SALEM 5 AVENUE 6 7 WHEREAS, David A. Parker and Robin Parker (the "Applicants"), applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 9 of Arctic Avenue discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before two (2) years from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described portion of unimproved Right-of-Way (the "Right-of- 21 Way") be discontinued, closed and vacated, subject to certain conditions being met on 22 or before two (2) years from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF PROPOSED STREET CLOSURE 27 (3,750 S.F. OR 0.086 ACRES"), and shown as the cross- 28 hatched area on that certain street closure exhibit entitled: 29 "STREET CLOSURE EXHIBIT OF A 25' X 150' PORTION 30 OF ARCTIC AVENUE (M.B. 7, PG. 137) ADJACENT TO 31 PARCEL `R', BLOCK 18 SHORE ACRES (M.B. 196, PG. 32) 32 VIRGINIA BEACH", Scale: 1" = 40', dated September 30, 33 2025, prepared by WPL, a copy of which is attached hereto 34 as Exhibit A. 35 36 SECTION 11 37 38 The following conditions must be met on or before two (2) years from City 39 Council's adoption of this ordinance: 40 41 No GPIN Assigned (City Right-of-Way) 42 Adjacent GPIN: 2427-22-1305 43 1. The City Attorney's Office shall make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 determined according to the "Policy Regarding Purchase of City's Interest in Streets 46 Pursuant to Street Closures," approved by City Council. 47 48 2. The Applicants shall resubdivide the property and vacate internal lot lines 49 to incorporate the closed area into the adjoining lot. The resubdivision plat must be 50 submitted and approved for recordation prior to final street closure approval. Said plat 51 shall include the dedication to the City of Virginia Beach of a public drainage easement 52 over the closed portion of the Right-of-Way, subject to the approval of the Department 53 of Public Works and the City Attorney's Office, respectively, which easement shall 54 include a right of reasonable ingress and egress. 55 56 3. Should the Winston Salem Avenue Corridor Improvements Project, CIP 57 100489 not be completed prior to final street closure approval, the Applicants shall 58 provide to the City of Virginia Beach, and its assigns, a temporary construction 59 easement over the closed portion of the Right-of-Way, subject to the approval of the 60 Department of Public Works and the City Attorney's Office, respectively, until the 61 Winston Salem Avenue Corridor Improvements Project, CIP 100489 has been 62 completed. 63 64 4. The Applicants shall verify that no private utilities exist within the Right-of- 65 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 66 company must be provided and shall be recorded after the final resubdivision plat is 67 recorded with the Clerk of Circuit Court. 68 69 5. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 730 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat is not approved for recordation 72 within two years of the City Council vote to close the Right-of-Way this approval shall be 73 considered null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before February 17, 2028, 78 this Ordinance will be deemed null and void without further action by the City Council. 79 80 2. If all conditions are met on or before February 17, 2028, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 90 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 91 VIRGINIA BEACH (as "Grantor") and DAVID A. PARKER AND ROBIN PARKER (as 92 "Grantees"). 93 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17th day 95 of February . 2026. 96 97 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 98 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department Jyy *4/ CA16767 R-2 February 5, 2026 NOTES: o � LAKE RUDEE J M 1. THIS EXHIBIT IS INTENDED TO -' `"00 L w Nn N SHOW THE AREA OF PROPOSED w E I RIGHT-OF-WAY CLOSURE AND f o o- o N INDEPENDENT OF THE N w N r` Z o ; o ASSOCIATED RECORD � N/F Q N DOCUMENT DAVID A. PARKER & S) IS NOT INTENDED �, o o Z 0 FOR ANY OTHER THAN GENERAL m `"' '- `V a o ROBIN PARKER �1 REFERENCE. Z z " (I.N. 20080604000658050) 2. A TITLE REPORT HAS NOT BEEN v — PARCEL 'R' - - PROVIDED FOR THIS PROPERTY. I I ;' (M.B. 196, PG. 32) 10' PUBLIC-1 1-- GPIN: 2427-22-1305 DRAINAGE EASEMENT I I ^ (M.B. 122, PG. 48) \ F�, (D.B. 1715, PG. 1) \ y S 8245'00" W N BLOCK LTH o f \\ \ 25 00' 18 °f� 1 RIC ARNER DH (F) I DH (F) ILA. 2904 1010112025 �. \5 " AREA OF PROPOSED y O W I o O STREET CLOSURE SURN�'� Z I p O (J,750 50. FT. OR WQ i ao 0.086 ACRES) NF VBFC PROPERTIES LLC Q v m l 3 (I.N. 20080801000907560) � O PARCEL A � 1 °o O N/F (1.9048 ACRES) p rj Z DAVID A PARKER, W ^ N ANDREW DALTON MEREDITH, V (M.B. 122, PG. 48) 1 O K GPIN: 24274-22-2497 Q O MICHAEL BELL MEREDITH AND J l�l J ANDREW DALTON MEREDITH, JR ni ^ W i Z N 82'45'00" E (I.N- 2200130107050 245550) 25 00 4 (M.B. 7, PG. 137) PIN (S) GPIN: 2427-12-9483 55.00' Q�N lS>1 N 82'45'00" E 0 40 80 WINS TON SALEM A VENUE GRAPHIC SCALE (50' R/W) (FORMERLY T)FOURTH STREE (M.B. 7, PT. 2, PG. 137) SCALE: 1"=40' STREET CLOSURE EXHIBIT SHEET 1 OF 2 OF 09/30/2025 A 25' X 150' PORTION OF ARCTIC AVENUE (M.B. 7, PG. 137) ADJACENT TO PARCEL 'R', BLOCK 18 Landscape Architecture SHORE ACRES Land Surveying 757-431-1041 Civil Engineering wplsite.com (M.B. 196, PG. 32) MUSTANG TRAIL, SUITE 8 VIRGINIA BEACH, VIRGINIA 23457 VIRGIN-A BEACH, VIRGINI A CAD/chk: BKM/eag CITY OF VIRGINIA BEACH, VA 1098 37 PLAT: S-8 0 JN:225-02 4 LOT# OWNER(S) - N/F GPIN REFERENCE(S) PARCEL R DAVID A. PARKER & 2427-22-1305 M.B. 196, PG. 32 ROBIN PARKER I.N. 20080604000658050 PARCEL A M.B. 122, PG. 48 (1.9048 VBFC PROPERTIES LLC 2427-22-2497 I.N. 20. 122, PG. 48560 ACRES) DAVID A. PARKER, ANDREW DALTON LOTS MEREDITH, MICHAEL BELL 2427-12-9483 M.B. PG 137 3, 4, 5, & 6 MEREDITH AND ANDREW I.N. 20130107000024550 DALTON MEREDITH, JR TRIANGLE VBFC PROPERTIES LLC 2427-22-2331 I.N. 20111027001112520 PARCEL I.N. 20111027001112820 VBFC VBFC PROPERTIES LLC 2427-22-4278 I.N. 20111027001112820 PARCEL 1,TH OFF f�Gl RIC ARNER►- Lie. 2904 l 7010712 02.5 SURN�,�O SCALE: NTS STREET CLOSURE EXHIBIT SHEET 2 OF 2 OF 09/30/2025 A 25' X 150' PORTION OF ARCTIC AVENUE (M.B. 7, PG. 137) ADJACENT TO PARCEL 'R', BLOCK 18 Landscape acnaedure SHORE ACRES Land Surveying Civil Engineering (M.B. 196, PG. 32) rp . m �8 VM757.431.1D41* IR VIRGRGA BEACH, VGDUA �CAD/c7BKM/eag CITY OF VIIZGINIA BEACH, VA 1098 37 PLAT: 5-80 JN:225-0254 33 ITEM— VL.2 PLANNING ITEM#78016 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of CARDINAL SIGN CORPORATION VS CORP INC for an Alternative Compliance re replace existing monument sign at 4616 Virginia Beach Boulevard DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CARDINAL SIGN CORPORATION/VS CORP INC for an Alternative Compliance re replace existing monument sign at 4616 Virginia Beach Boulevard(GPIN 1477359569)DISTRICT 4 The following conditions shall be required.• 1. The freestanding monument sign shall be constructed in substantial conformance with the submitted exhibit titled with the project name, "PRJ-BOA3-194235-R6"dated March 31, 2025, and prepared by Coast Sig, which is on file with the Department of Planning and Community Development. 2. The freestanding monument sign shall be constructed in accordance with the requirements stated in Sec. 214 of the City's Zoning Ordinance, which states the requirements for sign height, setback, and landscaping. There shall be a minimum of seventy-five (75)square feet of landscape planted area around the freestanding monument sign. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the I1h day of February Two Thousand Twenty Six. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 Z w a W Z r� CBC ol C'B C H- Z O v w C CBC a �. p Z v~i O rn z w z LU rn W Z r G tGINIA BEACH BLVD VIRGINIA BEACH BLVD Site Cardinal Sign Corporation ® zoning 4616 Virginia Beach Boulevard Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 1/16/2026 34 ITEM— VL.3 PLANNING ITEM#78017 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS MODIFIED,AS CONDITIONED,BY CONSENT,Application of MATTHEW SCORNA VA CCHIfor a Modification of Conditions to a Change in Nonconformityre moth previously approved concept plan, renderings and elevations for existing staircase, deck and future handicap accessible ramp at 514 9�h Street DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 MATTHEW SCORNAVACCHI for a Modification of Conditions to a Change in Nonconformity re modify previously approved concept plan, renderings and elevations for existing staircase, deck and future handicap accessible ramp at 514 9rh Street (GPIN 2427039916)DISTRICT 5 The following conditions shall be required: L All previous conditions attached to the Change in Nonconformity for the property located at 514 9th Street of December 10, 2024, shall be voided and replaced with the following conditions below. 2. The site shall be developed in substantial conformance to the site plan entitled "Zoning Exhibit of Lot 16, Block 26,"prepared by WPL, dated October 29, 2025, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 3. The site shall be developed in substantial conformance to the rendering entitled "RESIDENCE @ 514 9" STREET—ELEVATION WITH STAIRS," dated December 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 4. If and when the applicant desires to construct a ramp on the site, the design of the ramp shall be in substantial conformance to the rendering entitled "RESIDENCE @ 514 9`h STREET — ELEVATION WITH RAMP," dated December 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning&Community Development. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development Permits and Inspections Division. February 17, 2026 35 ITEM— V L.3 PLANNING ITEM#78017 (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 17th day of February Two Thousand Twenty Six. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 1 A RESOLUTION TO MODIFY THE CONDITIONS OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 514 9TH STREET 4 5 WHEREAS, Matthew Scornavacchi (the "Applicant") has made application to the 6 City Council for authorization to modify the conditions associated with the previously 7 approved change in nonconformity to alter and expand the nonconforming semi-detached 8 single-family dwelling located at 514 9th Street and zoned R-5S Residential; 9 10 WHEREAS, this parcel currently contains a dwelling that does not meet the current 11 zoning regulations. The dwelling is a semi-detached dwelling, formally approved as a 12 duplex, which is not a principal dwelling type in R-5S. The dwelling was constructed prior 13 to the adoption of the applicable zoning regulations and is therefore nonconforming; 14 15 WHEREAS, on December 10, 2024, City Council authorized, with three conditions, 16 the expansion of the nonconforming structure for this parcel; 17 18 WHEREAS, the Applicant seeks to allow the construction of a staircase, expanded 19 deck, and handicap ramp; 20 21 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 22 approval of this application on January 14, 2026; and 23 24 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 25 of a nonconforming structure associated with a nonconforming use is unlawful in the 26 absence of a resolution of the City Council authorizing such action upon a finding that the 27 proposed structure as expanded is equally appropriate or more appropriate to the zoning 28 district than the existing structure. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby finds that the proposed nonconforming structure as 34 expanded, will be equally appropriate to the district as is the existing structure under the 35 conditions of approval set forth herein below. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 1. All previous conditions attached to the Change in Nonconformity for the property 41 located at 514 9th Street of December 10, 2024, shall be voided and replaced with the 42 following conditions below. 43 44 2. The site shall be developed in substantial conformance to the site plan entitled "Zoning 45 Exhibit of Lot 16, Block 26," prepared by WPL, dated October 29, 2025, which has 46 been exhibited to the City Council and is on file with the Department of Planning & 47 Community Development. 48 49 3. The site shall be developed in substantial conformance to the rendering entitled 50 "RESIDENCE @ 514 9TH STREET— ELEVATION WITH STAIRS," dated December 51 10, 2025, which has been exhibited to the City Council and is on file with the 52 Department of Planning & Community Development. 53 54 4. If and when the applicant desires to construct a ramp on the site, the design of the 55 ramp shall be in substantial conformance to the rendering entitled "RESIDENCE @ 56 514 9TH STREET— ELEVATION WITH RAMP," dated December 10, 2025, which 57 has been exhibited to the City Council and is on file with the Department of Planning 58 & Development. 59 60 5. The applicant shall obtain all necessary permits and inspections from the 61 Department of Planning & Community Development Permits and Inspections 62 Division. 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of February , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: W tanning and Community City Attorney's Ottice Development CA17079 R-1 December 30, 2025 2 36 ITEM— VL.4 PLANNING ITEM#78018 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS MODIFIED, AS CONDITIONED, BY CONSENT, Application of STAR OF THE SEA CATHOLIC CHURCH& CATHOLIC DIOCESE OFRICHMOND/CATHOLIC DIOCESE OFRICHMOND for a Modification of Conditions to a Conditional Use Permit re Commercial/Church parking lot at 1500 Pacific Avenue DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 STAR OF THE SEA CATHOLIC CHURCH & CATHOLIC DIOCESE OF RICHMOND / CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re Commercial/Church parking lot at 1500 Pacific Avenue(GPIN 2427166403)DISTRICT 5 The following conditions shall be required.• 1. All previous conditions attached to the Conditional Use Permit approval of August 14, 2001 shall be voided and replaced with the following conditions below. 2. Development of the parking lot shall adhere to the requirements of the Site Plan Ordinance, Appendix C of the City Code and Section 23-58 of the City Code. 3. The fence location shall be in substantial conformance to the exhibit entitled "STAR OF THE SEA CATHOLIC CHURCH", dated 1211912025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The lot shall be screened by landscaping meeting the requirements of the City's parking lot landscaping specifications and standards pertaining to perimeter screening. 5. Prior to the approval of any fence permits, the location of the fence shall be reviewed by the Public Works department to ensure compliance with the Public Works Design Standards Manual pertaining to sight distance at intersections. 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development. 7. The existing "Beach Parking"sign near the entrance on Pacific Avenue shall be removed and/or relocated to meet the requirements of the Zoning Ordinance.A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation or relocation of any new signage. 8. The attendant station shall be located at least 50 feet back from Pacific Avenue in order to reduce the stacking of motor vehicles onto Pacific Avenue. February 17, 2026 37 ITEM— V L.4 PLANNING ITEM#78018 (Continued) 9. The use of the property as a Commercial Parking Lot shall not be permitted during the hours of school operation on the adjacent property at 309 1 Sth Street, nor within 15 minutes preceding and following the same. A copy of the Star of the Sea school calendar shall be maintained and made available to the Zoning division on request. 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 17`" day of February Two Thousand Twenty Six. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 s t � 1 4 1 t OR OR(STR-OR) Site Star of the Sea Catholic Church/Catholic Diocese of Richmond Q Zoning 1500 Pacific Avenue Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 1/16/2026 38 ITEM— V.L.S PLANNING ITEM#78019 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS PROFFERED,BY CONSENT,Application of PATRICK&JOYE PATZER for a Conditional Change of Zonin om 0-2 Office District to Conditional B-2 Community Business District re retail store at 901 First Colonial Road DISTRICT 6 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGTQ4 BEACH, VIRGI7vL4 PATRICK&JOYE PATZER for a Conditional Change o Zoning from 0-2 Office District to Conditional B-2 Community Business District re retail store at 901 First Colonial Road (GPIN 2408608397)DISTRICT 6 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() of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11 day of February Two Thousand Twenty Six. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 PATRICK R. PATZER and JOYE S. PATZER,husband and wife TO(PROFFERED COVENANTS, RESTRICTIONS, AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made as of the 214day of beCerAbU' , 2025 by and between PATRICK R. PATZER and JOYS S. PATZER, husband and wife, GRANTOR and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of land known as 901 First Colonial Road, Virginia Beach, VA 23451, GPIN (Parcel ID) 24086083970000, and more fully described on "Schedule A"attached hereto and incorporated herein(the"Property") WHEREAS, Grantor proposes this Proffer Agreement with the City of Virginia Beach (the "Proffer Agreement"), insofar as it relates to the proposed Conditional Rezoning of the Property from 02 to Conditional 132; and WHEREAS, Grantor desires that a written instrument be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record Owner of the subject Property at the time of recordation of such instrument provided, fiirther that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia Section; 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building pen-nit 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 these proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their heirs, personal representatives, assigns,grantees and other successors in interest or title, namely: GPIN (Parcel ID)24086083970000 Prepared by: David B. Oakley, Esq., VSB #72226 Poole Brooke Plumlee PC 4705 Columbus Street, Ste. 100 Virginia Beach, VA 23451 I. The uses permitted on the Property shall be restricted to those uses permitted in the B2 zoning district. 2. Notwithstanding the foregoing, the Property shall not be used for any land use designated as not compatible in the>75 dB Air Installations Compatible Use Zone in Article 18 of the City of Virginia Beach Zoning Ordinance. Further conditions may be required by the Grantor for compliance with applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Except as stated herein, all other stipulations of the Proffer Agreement shall remain unaffected as to Grantor and the Property. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of this date this Agreement is approved by the Grantee. The Grantor 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 goveming body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings: (2) the failure to meet all conditions shall constitute cause to delay the issuance of any required building or occupancy pen-nits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by appropriate symbol on the map existence of condition attaching to the zoning of the subject Property on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. SIGNATURES BEGIN ON THE FOLLOWING PAGE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 SCHEDULE A PROPERTY DESCRIPTION ALL THAT certain lot, piece or parcel of land, known, numbered and designated as Site A-1 on that plat entitled, "Property of O.L. Harcum—Located Near Occana—Princess Anne Co., Virginia" and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 39, at Page 18. There is excepted, however, from said conveyance that portion of said property conveyed to the City of Virginia Beach, by deed dated January 24, 1975 and recorded in the aforesaid Clerk's Office in Deed Book 1471, at Page 205. IT BEING a part of the same property conveyed to the Grantor herein by deed from Keith E. Meyerhoffer dated June 15, 2004 and duly of record in the aforesaid Clerk's Office as Instrument Number 200407120106593. GPIN (Parcel ID)24086083970000 4 WITNESS THE FOLLOWING SIGNATURE AND SEAL. LISA MICHELLE HOLLOMAN t� NOTARY PUBLIC Commonwealth of Virginia ,Expire tll (SEAL) Reg. 1 PATRICK')�j T My Commission Expires 10!31,,2027 R. PA ZER COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this b day of beccMW 20Zby Patrick R. Patzer. dam Notary Public My commission expires: 1�0 ) 31121 USA MICHELLE HOLLOMAN NOTARY PUBLIC ) Commonwealth of Virginia Reg.#7667375 qJEYPATZER My Commission Expires 10/31/2027 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1bday of 20Zby Joy S. Patzer. Notary Public My commission expires: j b 1 gl 1%1 39 ITEM— V.L.6 PLANNING ITEM#78020 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of BIVI/PADEL,LLC/LASKIN ROAD ASSOCLATES, LP for a Conditional Use Permit re indoor recreational facility at 941 Laskin Road DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA BIVI/PADEL, LLC/LASKIN ROAD ASSOCIATES, LP for a Conditional Use Permit re indoor recreational facility at 941 Laskin Road(GPIN 2418 7162 72)DISTRICT 6 The following conditions shall be required.• 1. The site shall be developed in substantial conformance to the concept plan entitled "BIVI Padel Conceptual Development Plan",prepared by Timmons Group, dated November 3,2025 which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 2. The site shall be developed in substantial conformance to the elevations and renderings entitled "BUILDING RENDERING BIVI PADEL", prepared by Saunders + Crouse Architects, dated December 1, 2025 which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 3. The site shall be developed in substantial conformance to the landscape plan entitled "BIVI Padel Conceptual Landscape Plan",prepared by Timmons Group, dated December 2, 2025, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 4. The existing freestanding sign on the site shall be refaced in substantial conformance to the sign rendering entitled "SIGN RENDERING BIVI PADEL", prepared by Saunders + Crouse Architects, dated December 1, 2025 which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 5. The proposed mural shall be subject to review and approval by the Director of the Department of Planning and Community Development prior to the final approval of the site plan. 6. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 7. Should outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. February 17, 2026 40 ITEM— V.L.6 PLANNING ITEM#78020 (Continued) b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. 8. The hours of operation shall be 7:00 a.m. to 10:00 p.m., Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sunday. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 171"day of February Two Thousand Twenty Six. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 sy�jt P tNsy, _P,SV MI. lo B2' ---------- B. A36 S ORI OLE CIR Mf, 0 Al2 M3 Site BIVI/Padel, LLC N Zoning 941 Laskin Road w I- Property Polygons S Feet 0 40 80 160 240 320 Map created by Planning Department on 1/16/2026 41 ITEM— V.L.7 PLANNING ITEM#78021 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council DEFERRED TO MARCH 17, 2 02 6,BY CONSENT,Application of C THE JEMS,LLC/RICHARD D. GOLDSTEIN& JAMES P. GOLDSTEIN for a Conditional Use Permit re bulk storage yard at 1361 Virginia Beach Boulevard DISTRICT 6 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 42 ITEM— V L 8 PLANNING ITEM#78022 Upon motion by Vice Mayor Wilson,seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of ZAKIYA WALCOTT/HODA INVESTMENTS LLC for a Conditional Use Permit re assembly use at 5193 Shore Drive, Suite 108 DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI7VL4 ZAKIYA WALCOTT/HODA INVESTMENTS LLC for a Conditional Use Permit re assembly use at 5193 Shore Drive, Suite 108 (GPIN 1469977720)DISTRICT 9 The following conditions shall be required.• 1. The Conditional Use Permit for Assembly Use applies solely to 5193 Shore Drive, Suite 108. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the suite as an Assembly Use. 3. The maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. The Assembly Use shall comply with all applicable Fire and Building code requirements. 5. 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. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. 6. All event activities shall occur within the building. Outdoor events shall be prohibited unless specifically permitted with a Special Event Permit. 7. No amplification of music or use of speakers shall be permitted except within the enclosed building. 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 17'h day of February Two Thousand Twenty Six. February 17, 2026 43 ITEM— V.L.6 PLANNING ITEM#78020 (Continued) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 nc,kt urn o > GELA on .. zm .. SHORE DR _ J r all v GATEHOUSE WAY r UD HI -- _ + WALKERS :..F... A t GRANT 4 LN g2 C OU WA RSE i e — 1 S00- t� R10 s ® site Zakiya Walcott ® Zoning 5193 Shore Drive, Suite 108 0 Property Polygons Feet 0 62.5 125 250 375 500 Map created by Planning Department on 1/16/2026 44 ITEM— V M APPOINTMENTS ITEM#78023 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WA TER WA YS AD VISOR Y COMMISSION DEFERRED COMPENSATION BOARD HISTORIC PRESER VATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE MILITAR Y ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD SOCIAL SER VICES AD VISOR Y BOARD February 17, 2026 45 ITEM— VM APPOINTMENTS ITEM#78024 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: HARSHAD BAROT (Resort Advisory Commission) JUSTINBEALE (Virginia Beach Hotel Association) TYLER BROWN (Retail Industry) MEREDITH GRAY (Citizen) Three year term 41112026—313112029 ADVERTISING ADVISORY COMMITTEE Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 46 ITEM— V.M APPOINTMENTS ITEM#78025 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: AARLAA GREGORY TERRY STEVENS Three year term 41112026—313112029 CLEAN COMMUNITY COMMISSION Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 47 ITEM— V.M APPOINTMENTS ITEM#78026 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: CAL BAIN (Public Defender) WANDA COOPER (General District Court Judge) STACY CUMMINGS (Council Member) N.D.ROCKYHOLCOMB (Sheriff) PHILIP HOLLOWELL (Juv. &Domestic Relations Court Judge) PAUL NEUDIGATE (Police Chief) STACEY SMITH (Community Services Board Supervisor) COLINSTOLLE (Commonwealth Attorney) KAY THOMAS (Local Educator) ANDREW TRUITT (Chief Magistrate) 4 year term/41112026—313112030 COMMUNITY CRIMINAL JUSTICE BOARD Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 48 ITEM— V.M APPOINTMENTS ITEM#7802 7 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JOHNSETTLE Three year term 211712026—113112029 HISTORIC PRESERVATION COMMISSION Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 49 ITEM— V.M APPOINTMENTS ITEM#78028 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: VIRGINL4 JENKOT MIL USKA CARLEVARINO ZEGARRA Three year term 41112026—313112029 HUMAN RIGHTS COMMISSION Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 50 ITEM— V M APPOINTMENTS ITEM#7802 9 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: RICHARD HOEHLEIN (Park and Recreation Commission) Three year term 31112026—212812029 OPEN SPACE ADVISORY COMMITTEE Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 51 ITEM— V.M APPOINTMENTS ITEM#78030 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: DANIEL EDWARDS (District 7) Three year term 41112026—313112029 PARK AND RECREATION COMMISSION Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 52 ITEM— VM APPOINTMENTS ITEM#78031 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DAVID NASCA (Alternate Member) Unexpired term thru 212812027 Plus three year term 3/1/2027—212812030 PERSONNEL BOARD Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 53 ITEM— V.M APPOINTMENTS ITEM#78032 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: GERARD GOLDEN Unexpired term thru 813112028 ANTHONE OATES Unexpired term thru 813112026 Plus four year term 91112026—813112030 PUBLIC LIBRARYBOARD Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 54 ITEM— V.M APPOINTMENTS ITEM#78033 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: TRAVIS FOX (Land Surveyor) MARK JOHNSON (Civil Engineer) Three year term 41112026—313112029 STORMWA TER APPEALS BOARD Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 JJ ITEM— VM APPOINTMENTS ITEM#78034 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DEBBIE LOUHAGUE (Resort Business Professional) Two year term 211712026—11311202 7 VIRGINIA BEACH CANNABIS ADVISORY TAS%FOR CE Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 56 ITEM— V.M APPOINTMENTS ITEM#78035 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: WILLL4M SERGE (Alternate Member) Five year term 211712026—113112031 JEFFREYAINSLIE (Alternate Member) Unexpired term thru 813112029 WETLANDS BOARD Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 57 ITEM— VM APPOINTMENTS ITEM#78036 Upon nomination by Vice Mayor Wilson, City Council APPOINTED CITY COUNCIL LIAISONS: MICHAEL F. BERLUCCHI AGRICULTURE ADVISORY COMMISSION BARBARA M.HENLEY HISTORICAL REVIEW BOARD DAVID HUTCHESON ACTIVE TRANSPOR TA TIONAD VISOR Y COMMITTEE COG REVIEW&ALLOCATION COMMITTEE CAL "CASH"JACKSON-GREEN VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE DR.AMELIA ROSS-HAMMOND VIRGINLA BEACH COMMUNITYDEVELOPMENT CORPORATION JOASHUA SCHULMAN FLOOD PREVENTIONBOND REFERENDUM OVERSIGHT BOARD Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, 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: David Hutcheson February 17, 2026 58 ADJOURNMENT ITEM#7803 7 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 6.37 P.M. Terri s Chief Deputy City Clerk anda barnes, M Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia February 17, 2026