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MAY 19, 2026 INFORMAL AND FORMAL SESSION MINUTES
IA- o ` <U as OUR VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia MAY 19,2026 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, May 19, 2026, at 3:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond—Out of Town Rosemary Wilson—Medical tu - 7- City City of Virginia Beach -I-V41 J OF QUR N11X✓`I �-f Rosemary Wilson VirginiaBeach.gov District 5 MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 CELL:(757)713-3616 RCWILSONftVBGOV.COM May 14, 2026 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will not be able to attend the City Council meeting on Tuesday,May 19, 2026, due to medical reasons. Sincerely, 4"O� Rosemary Wilson Vice Mayor—District 5 Cc: City Clerk City Attorney City Manager FOIA Officer IA$ qc City of Virginia Beach 5 OF OUR NA"'OTO Dr.Amelia N. Ross-Hammond Virg iniaBeach.gov District 4 MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 CELL:(757)640-0735 AROSSHAMMONDOWEIGOV.COM May 18, 2026 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will not be in attendance at the City Council meeting on Tuesday, May 19, 2026. I am traveling to Fredericksburg, Virginia to attend the Virginia Transit Association(VTA) Annual Conference & Bus Expo scheduled for May 19-20, 2026. Thank you for your understanding. Sincerely, Dr. Amelia Ross-Hammond Council Member- District 4 Cc: City Clerk City Attorney City Manager FOIA Officer 2 CITY MANAGER'S BRIEFING 190 AND PARKS AVENUE UPDATE ITEM#78340 3:01 P.M. Mayor Dyer welcomed Emily Archer, Acting Director—Economic Development. Ms. Archer 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.Archer for the presentation. May 19, 2026 E w zFx.� r +�w^' %"�`Nw".�w""" ,�w r tw ;«+*mw fi'^'ao�."`R awe^+:w'�+ciM�-wev�wia. w r«* *✓ "'�"+'r o . .,. r"'t, � ' ' zx Yv ?„, 9 " Welcome to Ma— . v .MY�'�. l x,! g: ,aM►K►7 ;iic` ' c x,3i` airginia beach �. f Pwl It RFP For Public Structured Parking 19th at Street ♦ Parks Avenue i a Emily Archer, . � v Economic ActingDirector May • �" u, �`«4 �..�w,. •ale. _ a � r �atl� ",.1 Purpose w • Review the 19th and Parks °�� ,. -• �" ` � � � � � Public Parking Garage RFP W process • Provide an overview of the proposed concept and development terms • Seek City Council direction on next stepsN alf; � �.xY:� E t �- ' W s L _ems 10, 1.73 Acre City-owned 109-space surface parking lot Convention and Sports Center Parking Challenges CENTRAL BEACH • Duringconcurrent events � tn= SMALL AREA PLAN parking is routinely limited FUTURE visioN �,�AO. dCU1SV11f�'y • Shuttles and overflow lots are F employed at added costs • Unfavorable impressions 4 �il1a 1 remain with visitors a " CONVENTION ;P`v q + 1 CENTER ~ n a Z•` �" .. -"1�fR"a.F^ri •aa"�`�rY4.+�a �-,-, ..� R r�M e e �d". Nw • iKr. :h urn A eR -: SPORTS CENTER ...� � 4 _ . w �. V 191h & Parks Public ParkingGarage RFP 7/20/25 - Advertised for 90 days m k W for public structured parking and - Rt a ` - -41 other complementary uses • 10/20/25 - Six (6) submissions received • 4 11/25/25 (3) respondents were I . shortlisted after the evaluation committee and Council review � .r • 12/16/25 - Interviews were held • 2/3/26 — Negotiations began with the top respondent after the - . evaluation committee and Council Existing Site Conditions review 77, .. Disclosures • Developer — Runnymede I DEVELOPMENT PARTNER 69 Years in Business 126 VB Projects Corporation • Architect — H a n b u ry HANBURY LEAD DESIGNER & ARCHITECT 46 Years in Business 1 50 VB Projects • Engineer — Kimley Horn TRANSPORTATION, STORMWATER & PARKING • Contractor — W M Jordan Kimley t>)HOCtI ENGINEER 58 Years in Business 1 1,500 VB Projects • Legal — Kaufman & Canoles �-"vv.M. GENERAL CONTRACTOR C`l coo M P A NN Y 67 Years in Business 1 87 VB Projects 5 Runnymede Proposal • 1,048-space garage • +/- 80 retail spaces • 968 Public Parking Spaces V CC111 . 4 (859 net new) , - • 18,000 SF of two-story retail with sports bar, restaurant, } " and coffee shop envisioned W - • Parks Avenue extension to - 18t" Street ` _ • � »��_ Underground stormwater :. . management facility iwt,sr a v—ks aye f Concept Plan � w r 19t" Street U RESTAURANT -�- RETAIL ftv �, - RAINY DAY OLD rf t' BEACH FARMER'S MARKET _ # 1 EXISTING BMP _ .� mot TO REMAIN rmj • MOVIE NIGHT 15K CF UNDERGROUND @ ViBE PARK STORMWATER STORAGE 1St" Street , , 7 0, P] Garage Diagram — Move N19ht ViBePark Vigo art View From 1911 Street installation Smarts District 18th Street (� Restaurant ViSo Paris ,."' ' , • •� Parks Aver `. extension • '► 19th Street i ' Rainy Day Old Beach Farmer's Marmot Development Agreement Terms • City/VBDA's share of project costs is not • The retail portion will be a estimated to exceed $37,715,424 private condo unit leased at ($35,988/space) at this time $1/yr for 42 yrs., renewable for • Pre-Development Phase requested to up to three, 20-yr terms. Theywill have the right to lease deliver 35% design development sufficient spaces for retail documents, a Guaranteed Maximum patrons in the garage Price (GMP), schedule, and leasing strategy for the retail • Additional $7-$8 Mil private • City/VBDA pre-development developer investment contribution capped at $1.9 Mil and anticipated in the retail space developer contribution capped at $308k • Mid-2028 parking garage • Funding is available in CIP 100059, Resort delivery Parking District For Consideration { Authorize a pre-development agreement and City's $1.9 Mil pre- .... --- development contribution. T Potential next steps: 19th Street Front • Public hearing: 6/2 • V B DA Vote: 6/9 • City Council Vote: 6/16 • Future vote on GMP, development t� agreement, and land transfer to VBDA } d • a 1911)&Parks Ave looking East 10 Discussion 3 CITY COUNCIL DISCUSSIONICOMMENTS/INITL4TIVES ITEM#78341 3:21 P.M. Mayor Dyer distributed copies of a fact sheet for the "Mayor's Task Force for a Safter Virginia Beach attached hereto and made a part of the record. Mayor Dyer advised the Task Force will work to address youth violence in the City and will develop recommendations based on stakeholder and community input by October 2026, in order for final recommendations to be considered for inclusion in the City's Legislative Package. May 19, 2026 Mayor's Task Force for a Safer Virginia Beach Task: Provide and garner stakeholders and community recommendations for ensuring Virginia Beach remains both a safe community and desired tourist destination. Timeline: Completed by mid-October in time for City Council legislative package consideration. Approach: Task force is expected to gather, develop, and review recommendations over the span of six task force meetings and three stakeholder/community listening sessions. Facilitation Task force meetings and stakeholders/community listening sessions will be facilitated by a professional facilitator. Task Force Representation Co-chairs:The Honorables Senator Christie New Craig and Delegate Michael Feggans • Atlantic Ave Association • CBDA • Commonwealth Attorney's Office • Faith-based • Human Rights Commission • Juvenile Probation • Police CAC • Public health/medical professional • RAC • Virginia Beach City Public Schools • Virginia Beach Courts/Judicial • Virginia Beach Hotel Association • Virginia Beach Police Department • Virginia Beach City Public Schools • Virginia Beach Restaurant Association • Young adult representative Lead Staff Support Deputy City Manager Monica Croskey Additional Staff Support City Attorney's Office City Manager's Office 4 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#78342 (Continued) Council Member Berlucchi introduced two (2)students in attendance, Serena and Aaron,from Green Run Collegiate, who are visiting today to learn more about local government and civic leadership. Council Member Berlucchi and expressed his appreciation for their participation and interest in the City. May 19, 2026 S CITY COUNCIL DISCUSSION/INITMTIVES/COMMENTS ITEM#78343 (Continued) Council Member Schulman advised he and Council Member Cummings will host a joint District 8 and 9 Town Hall Meeting on May 27`"from 6:00—8:00 P.M., in the Cox High School Cafeteria regarding the Coastal Storm Management Study. Council Member Schulman further advised he will host a District 9 Tall Hall Meeting on June 8`"from 6:00 — 7:00 P.M., at the Williams Farms Recreation Center to provide updates on the Pleasure House Point Wetlands Restoration Project and answer any questions. May 19, 2026 6 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#78344 (Continued) Council Member Cummings advised he will host a District 8 Town Hall Meeting tomorrow at 5:30 P.M. at the Central Library to discuss what the City can do to help invigorate and sustain small businesses in the City. May 19, 2026 7 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#78345 (Continued) Mayor Dyer advised he attended the Hampton Roads Small Business Symposium: Contracting for Success at the Sandler Center earlier today and expressed his appreciation to Ms. Archer and other Economic Development stafffor doing a great job in providing educational information to small and SWaM certified businesses. May 19, 2026 8 AGENDA REVIEW SESSION ITEM#78346 3:33 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCESIRESOL UTIONS: 1. Resolution to AUTHORIZE the Mayor to EXECUTE an Eighth Amended Charter Agreement of the Hampton Roads Workforce Council re add two (2) Eastern Shore Counties (Accomack and Northampton) and remove Gloucester,County from membership 2. Resolution to APPROVE the assignment of the Tourism Development Finance Program(TDFP) Performance Agreement between the City, the Virginia Beach Development Authority(VBDA)and the Cavalier Hotel Developer in connection with the proposed sale of the properties 3. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Lake Wesley re relocate, reconstruct and maintain the previously approved boatlift and construct and maintain a new skiffj'et ski lift,and maintain existing wood pier at the rear of 508 Southside Road DISTRICT 5 4. Ordinance to AUTHORIZE a temporary encroachment into the City-owned property known as Lake Joyce re maintain an existing timber bulkhead, and construct and maintain a timber pier and rip rap revetment at the rear of 4220 Ben Gunn Road re DISTRICT 9 5. Ordinance to AUTHORIZE the acquisition of 7.04+/- acres of a portion of property at 4188 Yorktown Boulevard in Midway Manor from the United States of America, Department of Navy; ESTABLISH Capital Project #100754 "Midway Manor"; and TRANSFER $3-Million from Capital Project#100641 "Open Space Acquisition IV"to Capital Project 9100754 6. Ordinance to AMEND the FY 2025-26 Department of Housing and Neighborhood Preservation Budget; ACCEPT and APPROPRIATE$1-Million from the Federal Department of Housing and Urban Development(HUD)and APPROPRIATE$60,000 from the Federal Section 8 fund balance to the FY 2025-26 Department of Housing and Neighborhood Preservation re Housing Choice Voucher Program and operations 7. Ordinance to ACCEPT and APPROPRIATE$47,520 from the Virginia Department of Education Child Care Subsidy Program to the FY2026-27 Parks and Recreation Operating Budget re expand access to preschool services 8. Ordinance to ACCEPT and APPROPRIATE $12,650.50 from each of the following Region V Community Service Boards: Hampton-Newport News, Western Tidewater, Norfolk, Chesapeake, Portsmouth, Colonial Behavioral Health and Middle Peninsula Northern Neck Behavioral Health to the FY 2025-26 Human Services Operating Budget re provide cost share support for the Regional Marcus Alert liaison position May 19, 2026 9 AGENDA REVIEW SESSION ITEM#78346 (Continued) 9. Ordinance to TRANSFER up to$1,213,358 in General Fund Vacancy Savings to the FY2025-26 Sheriff Office Operating Budget re increased food and medical costs K. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEM#2 May 19, 2026 10 AGENDA REVIEW SESSION ITEM#78346 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENTAGENDA: L. PLANNING. 1. LIGHTHOUSE DEVELOPMENT, LLC for a variance to Section 4.4(b) of the Subdivision Regulations re resubdivide six(6)existing parcels to create five(5)single-family lots at 125, 129, 133& 137 Ash Avenue DISTRICT 4 2. DELIGHT 7B VA, LLC/R. DAWSON TAYLOR, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two(2)existing parcels to create a buildable lot for a 7 Brew coffee shop at 1605 Laskin Road&parcel South of 1605 Laskin Road DISTRICT 6 3. RICHARD P. & HELENE D. SCHROEDER for a Street Closure re one-half portion of an unnamed, unimproved fifteen (15)foot wide alley adjacent to the rear of 621 Vanderbilt Avenue DISTRICT 5 4. CAVALIER ADVISORS, LLC for a Street Closure re one-half portion of an unimproved, unnamed alley adjacent to 4504 Myrtle Avenue DISTRICT 6 5. JOSEPHL. &KRISTIA.SULLIVANfor a Street Closure re one-half portion of an unimproved, unnamed alley adjacent to 4502 Myrtle Avenue DISTRICT 6 6. STEVE BARNES/STEVE R. & CYNTHL4 W. BARNES for a Modification of Conditions to a Conditional Use Permit re food truck and picnic tables at I100 Sandbridge Road DISTRICT 2 7. COMMONWEALTH BREWING COMPANY, LLC for a Modi ication of Conditions to a Conditional Use Permit re allow for an additional 180-day extension to obtain all permits and commence construction at 2440&2444 Pleasure House Road DISTRICT 9 8. MONTESSORI SCHOOL HOUSE, LLC/HONGQUAN SHENG & CHUNFANG LI for a Conditional Use Permit re family day-care home at 249 Brickhaven Drive DISTRICT 1 9. COLINNANNERY/LOWER 40 LLCfor a Conditional Use Permit re bicycle and moped rental establishments at 3713 Sandpiper Road DISTRICT 2 10. REGANKNUTSONfor a Conditional Use Permit for a home-based wildlife rehabilitation facility at 3421 Alcott Road DISTRICT 8 11. PEMBROKE SQUAREASSOCL4TES,LLCfor a S ecial Exception for Alternative Com In lance re deviate from the build-to-zone requirement of the Central Business Core(CBC)District Form- Based for development of a 284-unit mixed-use building within the interior portion of the Pembroke Mall redevelopment area at 4554 Virginia Beach Boulevard DISTRICT 9 May 19, 2026 11 AGENDA REVIEW SESSION ITEM#78346 (Continued) 12. JASONSCOTT TROMBLYfor a Conditional Use Permit re short term rental at 213 16"Street DISTRICT 5 13. MID ATLANTIC PROPERTY HOLDINGS, LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Suite 101 DISTRICT 6 14. THOMAS GLEN DAVIS AND NANCY RODIO DAVIS / THOMAS GLEN DAVIS for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Suite 205 DISTRICT 6 15. Ordinance to AMEND City Zoning Ordinance(CZO)Section 1001 re crematories in the Industrial District L. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY May 19, 2026 12 ITEM#7834 7 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: PUBLICLYHELD PROPERTY.• Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3711(A)(3). • District 2 • District 5 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Academi Contract • Project Ramp • Pembroke Parking PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2- 3711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees May 19, 2026 13 ITEM#7834 7 (Continued) Upon motion by Council Member Berlucchi, seconded by Council Member Jackson-Green, City Council voted to proceed into CLOSED SESSION at 3:48 P.M. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson Break 3:48 P.M. — 4:01 P.M. Closed Session 4:01 P.M. — 5:22 P.M. May 19, 2026 14 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL MAY 19,2026 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, May 19, 2026, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond—Out of Town Rosemary Wilson—Medical INVOCATION.• Mayor Dyer MOMENT OF SILENCE PLEDGE 0FALLEG1ANCE TO THE FLAG OF THE UNITED STATES OFAMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 341,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. May 19, 2026 15 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. May 19, 2026 16 vF CERTIFICATION ITEM#78348 Upon motion Council Member Jackson-Green, seconded by Council Member Rouse, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 04 Gj Y i t 3 r e 5 �F OUR NRt\ RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#78347 on Page 12 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in ClosedSession 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. ar es, MC �tjda Clerk May 19, 2026 17 ITEM— V.G.1 MINUTES ITEM#78349 Upon motion Council Member Jackson-Green, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the FORMAL SESSION of April 28,2026 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 18 ITEM— V.G.2 MINUTES ITEM#78350 Upon motion Council Member Jackson-Green, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 5,2026 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green,- Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 19 ITEM— V G.3 MINUTES ITEM#78351 Upon motion Council Member Jackson-Green, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the SPECL4L FORMAL SESSION of May 5, 2026 (Conference Room 2034). Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 20 ITEM— V G.4 MINUTES ITEM#78352 Upon motion Council Member Jackson-Green, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of May 5,2026(Budget Adoption). Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 21 ITEM— VH.l MAYOR'S PRESENTATIONS ITEM#78353 PROCLAMATION ASIANAMERICAN,NATIVE HAWAIMN,PACIFIC ISLANDER MENTAL HEALTHDAY On behalf of Mayor Dyer, Council Member Schulman welcomed Melody Agbisit, PhD, LPC (Licensed Professional Counselor), Founder, Therapist and Speaker—Kultura Wellness and Consulting/Consulting and Advocate —National Asian American and Pacific Islander Mental Health Association, Jane Bruno- Kozoriz,Resident in Marriage and Family Therapy—Kultura Wellness and Consulting and Jennifer Reyes, RN, PMH-BC, Certified Psych Nurse — Kultura Wellness and Consulting and read the Proclamation declaring May 10, 2026 as, `AS]AN AMERICAN, NATIVE HAWAIIAN, PACIFIC ISLANDER MENTAL HEALTH DAY"in recognition of the significant economic,political, and social contributions of Asian American, Native Hawaiian, and Pacific Islander communities. The Proclamation also brought awareness of mental health issues within these communities and the need to reduce stigma surrounding mental health treatment, improve access to culturally and linguistically competent services, advocate for greater accessibility to mental health care, and encourage a more diverse workforce in health and human services professions. Dr. Agbisit expressed her appreciation to City Council for the Proclamation and explained that the observance on May 10`" was created to address mental health needs and service gaps within the Asian American and Pacific Islander(AAPI)community, adding that AAPI individuals are among the least likely populations to seek professional mental health support due to cultural stigma, reliance on family or faith, language barriers, and other societal challenges. May 19, 2026 �C) OF OUR No,nos`f `1 Prodamation %fW= the Asian American, Native 11awaiian, and(Pacifu Islander community is among the fastest growing and most diverse racialgroups in the UrritedStates.AsianAmericans,NativeIfawaiians and cPaci cc Islanders have made rema4,g6fe economic,poCticaC and social contri6utions, and have grown 6y 44.99%in`Virginia since 2010(537,621 to 779,508�and 4d1(cer= appro4matefy 25%of Americans experience and are diagnosed with a mental health condition in a given year, impacting all communities regardless of rack ethnicity,age,socioeconomic status,sexual orientation,gender identity,andgender among otherfactors;and %4iereax in this country there is a critical need to raise awareness a6out mental health,particularly within the AsianAmerican,Native 9fawairat;and Pacific Isfander communities, to destigmati e seeking help, andto gain access to culturaly andCnguistically competent community services;and 'Whereas: Asian Americans,Native 9fawaiians,and4'acific Islanders use mentalhealth services at the lowest rates among ethnic populations. ?his may 6e due to the substantialstigma that exists among Asian Americans,Native Mawaiians, andTacifw Islanders, as weft as cultural and linguistic needs of the community,family,andindividuaC-and Wheream there is a criticaf need to raise awareness about and advocate for hearth care policies that increase the accessi6ility of mentalheafth care services;and `G11(tereat raising awareness a6out the mental health of Asian American, Native Mawaiian, and Pacific Islander communities•, past and present, encourages professional interest in health and human services careers andfos tens a drversyieZwor�force that reflects the community. Now,Therefore I,�Rq6ert M. "Bobby'Dyer,Mayor of the City of Virginia Beach,Virginia do hereby procfaim: Way 10, 2026, as the Asian.X merica?; Native YCawaiian, and Pacific IslanderWentalglealth Day In'Virgiida Beach,I calf upon adciti=ens of the City of`Virginia Beach to join in o6servance. In With='Whereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to 6e affired this Nineteenth Day of May,Two Thousand andTwenty Si. Ro6ert M. `Bo66y'(Dyer {.t Mayor 22 ITEM— V.H.2 MAYOR'S PRESENTATIONS ITEM#78354 RESOL UTIONIN RECOGNITION CAROLYN GARRETT On behalf of City Council, Council Member Berlucchi welcomed Carolyn Garrett and read the Resolution honoring her dedication and contributions to education, civic engagement, arts and culture,and community service in the City. Mrs. Garrett served as an educator for 42 years with Virginia Beach City Public Schools as a teacher, assistant principal, and principal, as well as an adjunct professor with Cambridge College. Mrs. Garrett was recognized for her numerous educational achievements including the development of the CAPS Character Program, her long-standing service on the Virginia Beach Sister Cities Association and the Arts and Humanities Commission, as well as her dedication to music, the arts,faith, and community engagement. Council Member Berlucchi expressed City Council's sincere appreciation to Mrs. Garrett for her decades of leadership and service that have positively impacted generations of students and the broader Virginia Beach community. Mrs. Garrett expressed her appreciation to City Council for honoring her with the Resolution, emphasizing that accomplishments are never achieved alone and credited herfamily, church,friends, colleagues,school system, and the City for supporting her throughout her life and career. Mrs. Garrett shared her hope that her contributions had positively benefited the City she loves.Mrs. Garrett advised that she and her husband will be moving soon, after more than six (6) decades to be closer to family, but will visit again and hopes to see the City continuing to thrive. May 19, 2026 04 tLz St lif RESOLUTION WHEREAS:Carolyn Garrett has devoted her life to education,civic engagement, the arts,and community service, making a lasting and meaningful impact on the City of Virginia Beach and beyond;and WHEREAS: Carolyn attended East Carolina University, Old Dominion University, and George Washington University, graduating twice from Old Dominion University, reflecting her lifelong commitment to learning and educational excellence;and WHEREAS:Carolyn served as an educator for 42 years, including as a retired principal with Virginia Beach City Public Schools,a former teacher and assistantprincipal,and an adjunctprofessor with Cambridge College,helping shape and inspire generations of students and future leaders;and WHEREAS: Carolyn's commitment to educational excellence has been recognized through numerous honors, including the State Reading Principal of the Year Award sponsored by the State Reading Association, the PTA President's Award,the VAESP State Bell Award for Commitment to Excellence in Education,and recognition as the Hampton Roads Outstanding Professional Woman of the Year in 1997,and WHEREAS: Carolyn developed the CAPS Character Program, which became the model for the first character education program in Virginia Beach, demonstrating her vision and dedication to building strong values and character in young people;and WHEREAS:Carolyn has been a dedicated advocate for community involvement and cultural engagement,serving for 24 years on the Sister Cities Board and holding every office on that board, while also helping Arrowhead Elementary School become the representative school for Virginia Beach's Sister City relationship with Bangor, Northern Ireland;and WHEREAS:Carolyn further strengthened the cultural fabric of Virginia Beach through 12 years of service on the Virginia Beach Arts and Humanities Commission, holding every office on that commission and championing the importance of arts and culture in community life;and WHEREAS:Carolyn has also enriched the community through her lifelong love of music and the arts,serving as a soloist for more than SO years for weddings,funerals, churches, and community gatherings, and participating in drama productions for 15 years at Kempsville Christian Church;and WHEREAS.Carolyn has built a life centered around faith,family,and service, having married Marvin Garrett 63 years ago following his graduation from Virginia Commonwealth University, and together raising a successful daughter, welcoming a wonderful son-in-law into the family, and enjoying the blessing of three outstanding grandchildren;and WHEREAS:Born and raised in Roanoke Rapids,North Carolina, Carolyn was instilled with strong values and a remarkable work ethic that have guided her decades of service and leadership in Virginia Beach;and NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council pause in its deliberations to honor Carolyn Garrett for her extraordinary contributions to education, arts and culture, civic engagement, and the betterment of the City of Virginia Beach, and extend its sincere gratitude and appreciation for her decades of dedicated service to the community. Given by the Council of the City of Virginia Beach, Virginia,this 190'day ofMay 2026 andpresented this Resolution duly signed by each Member of the Virginia Beach City Council. lip Co Mem er Mic ae F. erlucchi 4Co.nc ber�ta_cy_C.�.ing, Council Member Barbara M.Hen Council Member David Hutcheson Council Member C I"Cash" ckson-Green Council Member Robert W. "Worth"Remick Council Member Dr.Amelia Ross-Hammond ow cil Member Jennifer V.Rouse Council Member AmishumP.Schulman r Vice Mayor Rosen Wilson ayor�Ro ��ALL "Bobby"Dyer 23 ITEM— V LI PUBLIC HEARING ITEM#78355 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITYPROPERTY 215 square feet at 2425 Nimmo Parkway-Judicial Center There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING May 19, 2026 24 ITEM— VJ.1 FORMAL SESSIONAGENDA ITEM#78356 Mayor Dyer read the Speaker Policy and advised for items where only one (1)speaker is registered, the City Clerk will call the speaker, and they will be given a total of six(6)minutes to speak on all items. Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions K. 1, 2, 3, 4, 5, 6, 7, 8 and 9 and Planning Items L:2,3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson K. ORDINANCESIRESOL UTIONS. COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEM#2 L. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY May 19, 2026 25 ITEM— VJLI ORDINANCES/RESOLUTIONS ITEM#7835 7 Upon motion by Council Member Henley,seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the Mayor to EXECUTE an Eighth Amended Charter Agreement of the Hampton Roads Workforce Council re add two(2)Eastern Shore Counties(Accomack and Northampton)and remove Gloucester County from membership Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 1 A RESOLUTION AUTHORIZING THE MAYOR TO 2 EXECUTE AN EIGHTH AMENDED CHARTER 3 AGREEMENT OF THE HAMPTON ROADS 4 WORKFORCE COUNCIL 5 6 WHEREAS, by Charter Agreement dated July 1, 1974 ("Charter Agreement"), the 7 Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the 8 Counties of Isle of Wight and Southampton joined together to create the Southeastern 9 Tidewater Area Manpower Authority, for the purpose of administering the Comprehensive 10 Employment and Training Act of 1973; 11 12 WHEREAS, the Charter Agreement has been amended on seven previous 13 occasions to address membership and the role of the Hampton Roads Workforce Council; 14 15 WHEREAS, the proposed eighth amendment adds two Eastern Shore counties — 16 Accomack and Northampton — and removes Gloucester County from the membership; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the Mayor is hereby authorized to execute, on behalf of the City of Virginia 22 Beach, the "Eighth Amended Charter Agreement of the Hampton Roads Workforce 23 Council," a copy of which is attached hereto as Exhibit A and incorporated by reference. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19th day of May , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City'Manager's Offi e i orney's Office CA17228 R-1 May 5, 2026 Exhibit A. EIGHTSEVENTH AMENDED CHARTER AGREEMENT OF THE HAMPTON ROADS WORKFORCE COUNCIL THIS EIGHTSE%T H AMENDED CHARTER AGREEMENT ("Agreement") is made this first day of July, 20246, by and between the Cities of Chesapeake, Hampton, Franklin, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg, and the Counties of AccomackGIGUGester, James City, Isle of Wight, Northampton, Southampton, and York, pursuant to the authority granted by Section 15.2- 1300 of the Code of Virginia, 1950, as amended. Whereas, effective July 1, 1974, the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton joined together to create the Southeastern Tidewater Area Manpower Authority, now known as the Hampton Roads Workforce Council, as a joint venture; and Whereas, effective October 1, 1983, January 1, 1985, January 1, 2000, July 1, 2001, July 1 2015, aed-January 1 2019, and July 1, 2021, the participating jurisdictions amended the Charter of the Hampton Roads Workforce Council in certain respects; and Whereas, the participating jurisdictions desire to amend the Charter of the Hampton Roads Workforce Council an eight so�R time consistent with applicable provisions of the Workforce Innovation and Opportunity Act of 2014 ("WIOA"), as may be amended from time to time, and to reaffirm the Charter in all other respects. NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: 1. The consortium chartered the 1st day of July, 1974, by the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, and Suffolk and the Counties of Isle of Wight and Southampton the Hampton Roads Workforce Council shall, effective, July 1, 20246, incorporate the Counties of Accomack and NorthamptonQeUGester, james City and York into the consortium known as the Hampton Roads Workforce Council. In addition, the County of Gloucester will be removed from the consortium. 2. The Hampton Roads Workforce Council shall exist indefinitely, subject to dissolution by agreement of the governing bodies of the participating jurisdictions. 3. The Hampton Roads Workforce Council shall have for its purpose the provision of workforce development services in accordance with the provisions of the WIOA i as may be amended from time to time, or any future legislation of similar import and applicability, and shall serve as the grant subrecipient. 4. The Hampton Roads Workforce Council shall be governed by a Workforce Development Board duly appointed in accordance with the WIOA, as may be amended from time to time, and by the collective direction of the Chief Local Elected Officials ("CLEO") of each participating jurisdiction. 5. The Hampton Roads Workforce Council is hereby authorized and empowered: (a) To adopt policies and procedures for the regulation of its affairs and the conduct of its business; (b) To maintain an office at such place or places as it may designate; (c) To sue and be sued; (d) To accept grants and gifts from the participating jurisdictions, the Commonwealth of Virginia, the Federal government or any other governmental body or political subdivision, and from any individual, corporation, partnership, association or other entity; (e) To enter into contracts with the Federal government, the Commonwealth of Virginia, any political subdivision, or any agency or instrumentality thereof, or with any individual, corporation, workforce investment board, partnership, association or other entity providing for or relating to the furnishing of workforce development or related services; (f) To employ such staff and to retain such legal or professional representation as may be deemed necessary, and to prescribe their powers and duties and fix their compensation, within the approved budget; (g) To make and enter into all contracts and agreements necessary or incidental to or desirable for the performance of its duties and the i execution of its powers hereunder; provided, however, that contracts or agreements for the borrowing of money shall be subject to obtaining the express written consent of each participating jurisdiction; (h) To do all acts and things necessary or convenient to carry out its purposes, consistent with the provisions of WIOA, as may be amended from time to time, or any future legislation of similar import and applicability. 6. The Hampton Roads Workforce Council shall be funded by governmental grants and private contributions as set forth in section 4(d) above and shall conduct a financial and compliance audit annually in accord with all applicable rules and regulations. 7. The fiduciary liability for funds shall be vested in the participating jurisdictions on a percentage basis determined by comparing the amount of actual utilization of workforce development services by a participating jurisdiction to the total utilization of such services by all participating jurisdictions during the fiscal year pertaining to any such liability. The percentage shall be determined by using, as the numerator, the number of participants served during such fiscal year from a particular participating jurisdiction, and, as the denominator, the total participants served during such fiscal year from all participating jurisdictions. 8. Any participating jurisdiction may withdraw from this Agreement as of the last day of June in any year, provided it gives written notice thereof to all of the other CLEOs prior to the first day of March preceding the date of withdrawal. 9. All real and personal property to be used for the purposes set forth above shall be acquired and held in the name of the Hampton Roads Workforce Council. Upon the dissolution of the Hampton Roads Workforce Council, all of its assets and property, both real and personal, tangible and intangible, shall be disposed of by the participating CLEOs in accordance with applicable law, as well as those rules and regulations as may have been properly promulgated by such Officials. IN WITNESS WHEREOF, the parties hereunto have set their signatures and seals as of the day and year first written above. i Signatures Appear on the Following Pages. i ATTEST: ACCOMACK COUNTY County Clerk Chair Date ATTEST: CITY OF CHESAPEAKE City Clerk Mayor Date ATTEST: CITY OF FRANKLIN City Clerk Mayor Date ATTEST: CITY OF HAMPTON City Clerk Mayor Date ATTEST: ISLE OF WIGHT COUNTY County Clerk Chair Date ATTEST: JAMES CITY COUNTY County Clerk Chair Date ATTEST: CITY OF NEWPORT NEWS City Clerk Mayor Date ATTEST: CITY OF NORFOLK City Clerk Mayor Date A lIA nl AA7..1 i ATTEST: NORTHAMPTON COUNTY County Clerk Chair Date ATTEST: CITY OF POQUOSON City Clerk Mayor Date ATTEST: CITY OF PORTSMOUTH City Clerk Mayor Date ATTEST: SOUTHAMPTON COUNTY County Clerk Chair Date ATTEST: CITY OF SUFFOLK City Clerk City Manager Date ATTEST: CITY OF VIRGINIA BEACH City Clerk Mayor Date ATTEST: CITY OF WILLIAMSBURG City Clerk Mayor Date ATTEST: YORK COUNTY County Clerk Chair Date 26 ITEM— V.K.2 ORDINANCES/RESOLUTIONS ITEM#78358 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT,Resolution to APPROVE the assignment of the Tourism Development Finance Program (TDFP) Performance Agreement between the City, the Virginia Beach Development Authority (VBDA) and the Cavalier Hotel Developer in connection with the proposed sale of the properties Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr. Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 I RESOLUTION APPROVING THE ASSIGNMENT OF 2 TDFP PERFORMANCE AGREEMENT BETWEEN 3 THE CITY OF VIRGINIA BEACH, THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY, 5 AND CAVALIER HOTEL DEVELOPER 6 7 WHEREAS, in its 2011 Session, the General Assembly provided a new initiative 8 that allows a qualifying tourism project to receive specified portions of state and local tax 9 monies to provide "gap financing," as such term is defined in § 58.1-3851.1 of the Code 10 of Virginia (the "Statute"); 11 12 WHEREAS, the City Council of the City of Virginia Beach (the "City Council") has 13 adopted a tourism zone, a tourism plan, and endorsed the Cavalier Project (the "Project"), 14 by ordinance, as required by the Statute; 15 16 WHEREAS, the Statute authorizes a local development authority (the "Authority") 17 to enter into a performance agreement with the Developer wherein the Authority collects 18 the state portion, the local portion, and the access fee and disburses these funds to pay 19 the "gap financing"; 20 21 WHEREAS, the entry into the Performance Agreement does not make the debt 22 associated with the Project the debt of the Authority, City or Commonwealth; 23 24 WHEREAS, in 2014, the City Council and the Authority each approved the 25 execution of a Performance Agreement associated with the Project related to the 26 redevelopment of the Historic Cavalier Hotel and the development of the Oceanfront 27 Marriott (the "2014 Performance Agreement"); 28 29 WHEREAS, in 2017, the City Council and the Authority each approved a 30 modification to the 2014 Performance Agreement to include the development of an 31 Embassy Suites adjacent to the Oceanfront Marriott (the "2017 Performance Agreement", 32 and collectively with the 2014 Performance Agreement, the "Performance Agreement"); 33 34 WHEREAS, the developer parties to the Performance Agreement are Cavalier 35 Associates, LLC, Oceanfront Investments, LLC, Atlantic Coast Development, LLC, and 36 Oceanfront South, LLC (collectively, the "Developer Parties"); 37 38 WHEREAS, the Developer Parties have approached the City and the Authority and 39 requested approval to assign the Developer Parties' interest in the Performance 40 Agreement to affiliates of Wheelock Street Capital LLC as a part of a sale of the Historic 41 Cavalier, the Oceanfront Marriot, the Embassy Suites and assorted amenities including 42 the Oceanfront Beach Club; 43 44 WHEREAS, on May 12, 2026, the Authority approved the requested assignment, 45 subject to a subsequent approval by City Council and endorsement by the 46 Commonwealth; 47 WHEREAS, the requested consent to assignment would not increase the financial 48 commitment of the Commonwealth, the City or the Authority nor are any other terms of 49 the Performance Agreement to be amended; and 50 51 WHEREAS, the City Council is of the opinion that the sale of the Cavalier complex 52 would promote the continued operation of those amenities in Virginia Beach to the benefit 53 of the tourism industry and the overall economy of Virginia Beach and the Commonwealth 54 of Virginia. 55 56 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 57 OF VIRGINIA BEACH: 58 59 1. That the City of Virginia Beach hereby consents to the assignment of the 60 Developer Parties' interest in the Performance Agreement to Wheelock Street Capital 61 LLC, or affiliates thereof, so long as such assignment is endorsed by the Commonwealth 62 of Virginia as required by the Statute. 63 64 2. That the City Manager or Designee is authorized to execute and deliver 65 such documents as necessary to evidence consent to the assignment, so long as such 66 documents contain such terms, conditions and modifications as may be acceptable to the 67 City Manager and in a form deemed satisfactory by the City Attorney. 68 69 Adopted by the City Council of the City of Virginia Beach, Virginia, this 19 t h day 70 of May 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Econ&hc Development City Attorney CA17157 %bSor.com`d(tI (Lcaticns`citplat'tycom)21np1 s'd?�7p057�I13005S.do.� R-1 May 8, 2026 IA-BEA�c a r of �Tirgii-ii-A- C- B teach U � � z �F 0UR NAS10 N v Wgovxmn ROBERT W."WORTH"REMICK CELL:(757)640-5855 COUNCIL MEMBER EMAIL:WRemick(avbaov.com DISTRICT 6 File No. 0101970 May 19, 2026 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Code of Virginia § 2.2-3115(I), I make the following declarations: 1. I am executing this written disclosure regarding the resolution approving the assignment of the TDFP Performance Agreement between the City, the Development Authority, and the Cavalier Hotel developer parties, which include Cavalier Associates, LLC. 2. Colliers International Virginia, LLC ("Colliers") is the listing agent for an office building that is owned by Cavalier Associates, LLC. I have a personal interest in Colliers because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100,Norfolk,Virginia 23510. 3. The City Attorney's Office has advised me that although the developer is a client of Colliers, because I do not personally represent or provide services to the client, the Act provides that I may participate in the City Council's consideration of this transaction, upon disclosure of this interest. 4. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Amanda Barnes -2- May 19,2026 Re: Disclosure Pursuant to Virginia Code §2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance. Sincerely, -w dill Worth Remick Councilmember RWR/RRI 27 ITEM— VX 3 ORDINANCES/RESOLUTIONS ITEM#78359 Upon motion by Council Member Henley,seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Lake Wesley re relocate,reconstruct and maintain the previously approved boadift and construct and maintain a new skiff/jet ski lift, and maintain existing wood pier at the rear of 568 Southside Road DISTRICT 5 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 LAKE WESLEY, LOCATED AT THE 7 REAR OF 508 SOUTHSIDE DRIVE. 8 9 WHEREAS, the Virginia Beach City Council previously approved an 10 encroachment for Erin Gatling and Casey Schilling (collectively, the "Applicants") into a 11 portion of City-owned property known as Lake Wesley, to construct and maintain three 12 variable width floating piers and a 12' x 14' boat lift (the "Previous Encroachments"), 13 located at the rear of 508 Southside Road (GPIN: 2427-10-9095), which agreement is 14 recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach as 15 Instrument Number 202503020728; 16 17 WHEREAS, the Applicants are now requesting permission to relocate, 18 reconstruct and maintain the 12' x 14' boatlift, to construct and maintain a new 3' x 5' 19 skiff/jet ski lift, and to maintain an existing 7.6'x 7.4'wood pier(collectively, the"Temporary 20 Encroachments") into Lake Wesley; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 23 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 24 the City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 31 assigns and successors in title are authorized to relocate, construct and maintain the 32 previously approved 12' x 14' boat lift, to construct and maintain a new Tx 5' skiff/jet ski lift, 33 and to maintain an existing 7.6' x 7.4' wood pier into City-owned property known as Lake 34 Wesley, as shown on the exhibit map entitled: "Exhibit `A' PROPOSED 4 PILING BOAT 35 LIFT RELOCATION, NEW SKIFF LIFTAND EXISTING PIER ENCROACHMENT", Scale: 36 1" = 60', dated 12/15/25, prepared by J.S.G. Development Consultants, P.C., a copy of 37 which is attached hereto as Exhibit"A" and on file in the Department of Public Works and to 38 which reference is made for a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 41 expressly subject to those terms, conditions and criteria contained in the agreement 42 between the City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted 43 copy of which has been presented to the Council in its agenda, and will be recorded among 44 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement, and 1 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as the Applicants and the City Manager or his authorized designee execute the 50 Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th 53 day of May , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: OA P BL C WOR S, R AL ESTATE CITY ATTORNEY CA17038 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d012\p055\01113288.doc R-1 Prepared: April 21, 2026 2 THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENT OMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN PI€REON AND DOE OT <D -��-j B 196, PAGE 3) CONSTITUTE A BOUNDARY SURVEY. , O ` <O - L h° ' �o o� SCALE: 1" = 60' <` T C'y LAKE WESLEY �t9"" n ny �y (MB 26 PG 57) 81� s a� �L, y y GPIN 24272061080000 RELOCATED 12 4' 4 PILING BOAT LI LOT B-51 l\°9' 3-�� 11.6 EXISTIISC FLOATING PIERS, =` 7. ' GPIN 2427-20-1 24 A ,N �? 4 ,g \ RECENTLY 6QNSTRUCTED pN �FJ f fti a Instr.No.202503N' 28 EXISTING BpAT LIFT TO BE /� RELOCATED*S SHOWN 4 \F 167 LF EXISTING (M? TRk M k BULKHEAD J6 p (RECENTLY NEW 3'X 5 / 'S4ClFF/JET SKI LIFT CONSTRUCTED) S 63°22'03":W 42.98' (1500'LB CAPACI'FYJ.MOUNT ON ONE Instr,No.202503020728 CLASS"B"P.T.TIMBN PILING EXISTING WOOD PIER j PORTION TO'REMAIN / / 8. �3, �P�T�1'`©F AS SHOWN'(7.6'W X 7.4',1) Avr q \' O JAMES S.GEORGO Lic.No.023833 3. 9 �Fo M ;> T / 66'0 A/ 4 , \_....-. .h ,o J "'O,o 03-01-2026 4h N c�ti�FJ AQ� ! ! q T SS/ONAL ENG'� s > SD F C/L10'WIDECITY EXHIBIT "A" T /��` N2�• _ STORMWATER (-,�O EASMENT PROPOSED 4 PILING BOAT LIFT 6 RELOCATION, NEW SKIFF LIFT A -10 AND EXISTING PIER ENCROACHMENT F THE CITY OF VIRGINIA B-.ACHo `a��'� LOT B-5 IS NOT RESPONSIBLE FOR REPLAT OF RUDEE HEIGHTS VERIFICATION OF RESTRICTIONS (MB26, PG 57; MB 192, PGs 51-52; MB 196, PG3) REQUIRED BY OTHER ASSOCIATIONS APPLICANT: ERIN GATLING AND CASEY SCHILLING OR AGENCIESREQUIRED BY OTHER SITE ADDRESS: 508 SOUTHSIDE ROAD ASSOCIATIONS OR AGENCIES" GPIN 24271090950000 DATE: 12-15-25 LOCATION: LAKE WESLEY CITY OF: REVISED: VIRGINIA BEACH DEED REFERENCE: SCALE: 1"=60' INSTRUMENT NO.:202000113207 PROJ. NO: FULL COVENANT AND WARRANTY DEED,12/07/2020 CLIENT: E. GATLING AND C. SCHILLING DRAWN BY: JSG J.S.G. DEVELOPMENT CONSULTANTS,P.C. -civil and structural Engineering 1540 Bordeaux Place DRWG FILE: 508 SOUTHSIDE RD BH E-i—m-tai Permuting N-f lk,Virginia 23509 -Hydrographic Surveying Tele.(757)461-6336 SHEET: 1 OF 1 -Mapping Services Fax(757)461-1803 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of �P�' 1 20 a( , by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ERIN GATLING and CASEY SCHILLING, married, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of (i) that certain lot, tract, or parcel of land designated and described as "LOT 135", in Block B, as shown on that certain plat entitled "RUDEE HEIGHTS LOCATED AT RUDEE INLET, VIRGINIA BEACH PRINCESS ANNE CO., VIRGINIA", Scale 1" = 100', dated January 1926, prepared by S.W. Armistead, C.E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 169, and also shown on that certain plat entitled "REPLAT OF RUDEE HEIGHTS PRINCESS ANNE CO, VA.", Scale: 1" = 100', dated December 1950, prepared by S.W. Armistead, C.E., which plat is recorded in the aforesaid Clerk's Office in Map Book 26, at page 57, and (ii) that portion of property located between the easternmost line of Lot B5 on the West, and on the East by the line formed between Points N and O as shown on that certain survey entitled "PHYSICAL SURVEY OF A PORTION OF LOT B-5 BEING THE LATTIE C. YATES PROPERTY M.B.7 PG. 169, M.B. 26 PG. 57, D.B. 1732 PG. 707 LYNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", Scale: 1" = 30', dated June 7, 1989, GPINs: 2427-20-7891 (CITY-OWNED PROPERTY— LAKE WESLEY) 2427-10-9095 AND 2427-20-1024 (508 SOUTHSIDE ROAD) prepared by Langley and McDonald, which survey is recorded in the aforesaid Clerk's Office, in Map Book 196, at page 3, all being further designated, known and described as 508 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, the City granted a previous encroachment to the Grantee to construct and maintain three (3) variable width floating piers and a 12' x 14' boat lift into a portion of City-owned property known as Lake Wesley, which is recorded in the aforementioned Clerk's Office as Instrument Number 202503020728 ("Previous Encroachment"); and WHEREAS, it is proposed by the Grantee to relocate, re-construct and maintain the aforesaid 12' x 14' boat lift and to construct and maintain a 3' x 5' skiff/jet ski lift and to maintain an existing 7.6' x 7.4' wood pier, collectively, the "Temporary Encroachment", in the City of Virginia Beach. Grantee agrees to remove any unused or unnecessary materials (wood, pilings, etc.) related to the Previous Encroachment from Lake Wesley upon completion of construction of the Temporary Encroachment; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Lake Wesley, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby modifies the Previous Encroachment and grants to the 2 Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" PROPOSED 4 PILING BOAT LIFT RELOCATION, NEW SKIFF LIFT AND EXISTING PIER ENCROACHMENT", Scale: 1" = 60', dated 12/15/25, prepared by J.S.G. Development Consultants, P.C., a copy of which is attached hereto as Exhibit "A", and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that Grantee will not disturb or remove any existing trees on City property without the prior written consent of the City. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 508 Southside Road, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to 3 Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 508 Southside Road, Virginia Beach, VA 23451. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 4 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities, the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 5 Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. IN WITNESS WHEREOF, Erin Gatling and Casey Schilling, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 7 Erin Gatling dek_ li_l� Casey tchilling STATE OF CITY/COUNTY OF r 'lck to-wit: The foregoing instrument was acknowledged before me this 0 day of Y i i 2026, by Erin Gatling. b t. < (SEAL) Notary Public �_j ARIA . B,, My Notary Registration Number: ( l 1 P�''''RY P''' ti M Commission Expires: . �P U�•.:o , Y p c? caQCD o� _ �� REG# = 8041687 _c-; COMMISSION ` - EXPIRES STATE OF =�� 02/28/2027 .:" CITY/COUNTY OF -irainlck_ "to-wit: °ti ' �' *FA L 7 H OF �. The foregoing instrument was acknowledged before me this day of ►�i 2026, by Casey Schilling. (SEAL) Notary Public I , , , \\III My Notary Registration Numbe : c `�?.• SPRY p�� .�o My Commission Expires: REG# %.•? _ 8041687 - _ c>; COMMISSION : a - EXPIRES _ �'?y''• 02/28/2027 i oy ........... APPROVED AS TO CONTENTS APPROVED AS TO LEGAL LTH �SUFFICIENCY AND FORM L WORK — REAL ESTATE CITY ATTORNEY 8 THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENT OMBINED WITH `, THE COMPILATION OF DEEDS AND PLATS SHOWN P{�REON AND DOE OT `�'0 —qqg_Z B 196 PAGE 3) CONSTITUTE A BOUNDARY SURVEY. , �O 5° �°" `9 �` 0�` ] SCALE: 1" = 60' 4��c, �` T •,C'y LAKE WESLEY l ;� t9�` ny �iL (ME 26, PG 57) _7 GPIN 24272061080000 RELOCATED 12 14' 4 PILING BOAT LI LOT B-51 •0 \ �b ' 3 o ]] �� 9 ]� 6 EXISTIPaFLOATING PIERS, GPIN 2427-20-124 =� \y\ 4 RECENTLY CQNSTRUCTED pN S j�FJ h rti o =� Instr.N0.2025d"'2Q728 TFpy Ni 0 �9' EXISTING BQAT LIFT TO BE q \ fO RELOCATEb*s SHOWN 1p IF 167 LF EXISTING BULKHEAD (M8 c'6 p°R NSk (RECENTLY .6 1 1 NEW 3'X 5'81CLFF/JET SKI LIFT C S�j o CONSTRUCTED) S 53°22'03'`W 42.98' 11500'LB CAPACT-FYJ.MOUNT ON ONE Instr,:No.202503020728 CLASS"B"P.T.TIMBI=`RPILING EXISTING-WOOD PIER PORTI0N TO,REMAIN 8. ED ©FAS SHOWN'(7.6'W X7.4' L!(v` Z o � ORGO833 6 QCO :, . // �" p p 6 �`�Qi N 0G��° 0," j 4 Ty EN S , C/L10'WIDECITY ° EXHIBIT "A" T �` ��• ; STORMWATER SRO 'ys ss �`2s ,! ;'' EASMENT PROPOSED 4 PILING BOAT LIFT 0.-Qq� ��<cs p�y 89 RELOCATION, NEW SKIFF LIFT F�F ssF" AND EXISTING PIER ENCROACHMENT THE CITY OF VIRGINIA BEACH~ a '� LOT B-5 IS NOT RESPONSIBLE FOR REPLAT OF RUDEE HEIGHTS VERIFICATION OF RESTRICTIONS (MB26, PG 57; MB 192, PGs 51-52; MB 196, PG3) REQUIRED BY OTHER ASSOCIATIONS APPLICANT: ERIN GATLING AND CASEY SCHILLING OR AGENCIESREQUIRED BY OTHER SITE ADDRESS: 508 SOUTHSIDE ROAD ASSOCIATIONS OR AGENCIES" GPIN 24271090950000 DATE: 12-15-25 LOCATION: LAKE WESLEY CITY OF: REVISED: VIRGINIA BEACH DEED REFERENCE: SCALE: 1"=60' INSTRUMENT NO.:202000113207 PROD. NO: FULL COVENANT AND WARRANTY DEED,12/07/2020 CLIENT: E. GATLING AND C. SCHILLING DRAWN BY: JSG J.S.G. DEVELOPMENT CONSULTANTS,P.C. -0,d and Structural Engineering 1540 Burd.au,Placa DRWG FILE: 508 SOUTHSIDE RD BH -Environmental Permitting Norfolk,Virginia 23509 -Hycl,.S.pWi Surveying Tel..(757)461-6336 SHEET: 1 OF 1 -Mapping S.nic.e F_(757)461-3803 28 ITEM— i!K.4 ORDINANCES/RESOLUTIONS ITEM#78360 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into the City-owned property known as Lake Joyce re maintain an existing timber bulkhead,and construct and maintain a timber pier and rip rap revetment at the rear of 4220 Ben Gunn Road re DISTRICT 9 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENT INTO 5 CITY-OWNED PROPERTY KNOWN 6 AS LAKE JOYCE, LOCATED AT THE 7 REAR OF 4220 BEN GUNN ROAD. 8 9 WHEREAS, Cynthia C. Dufour, Trustee of the Cynthia C. Dufour Revocable Trust, 10 dated July 24, 2014 (the "Applicant"), requests permission to maintain an existing 112.6' 11 wide timber bulkhead, and to construct and maintain a 22' x 12' timber pier and 105 linear 12 feet rip rap revetment (collectively, the "Temporary Encroachment"), into City-owned 13 property known as Lake Joyce, located at the rear of 4220 Ben Gunn Road (GPIN: 1479- 14 99-1203); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 24 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, her heirs, assigns and 25 successors in title are authorized to maintain the Temporary Encroachment within the City- 26 owned property as shown on the map entitled: "EXHIBIT `A' — ENCROACHMENT 27 REQUEST FOR AN EXISTING TIMBER BULKHEAD AND A PROPOSED TIMBER PIER 28 AND RIP RAP REVETMENT FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4220 29 BEN GUNN ROAD, VIRGINIA BEACH, VA 23455 BAYLAKE PINES, SECTION 1 LOT 42 30 BLOCK 1 M.B. 31, PG. 53," Scale: 1" =40', dated April 28, 2025, prepared by Stone Green 31 Consulting, LLC, a copy of which is attached hereto as Exhibit A and on file in the 32 Department of Public Works and to which reference is made for a more particular 33 description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 36 subject to those terms, conditions and criteria contained in the agreement between the City 37 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 38 been presented to the Council in its agenda, and will be recorded among the records of the 39 Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as the Applicant and the City Manager or his authorized designee execute the 46 Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19thday of 48 May 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PUBLIC WORKS / REAL ESTATE CITY ATTORNEY CA16726 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d013\p056\01113355.doc R-2 Prepared: May 6, 2026 DUFOUR ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. N 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS �N REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S LAKEJOYCE EXISTING TIMBER PIER TO BE REMOVED M.B.31 PG.53 NOW OR FORMERLY CITY OF VIRGINIA BEACH �FP� BAYSIDE LAKE JOYCE D.B.1018 P. 154 e'6 N EDGE OF WATER ON GPIN: 15708024380000 6 6"OAK' 0�P O 36"OAK �J 25 STRIP OF OWNERSHIP j DEDICATED TO THE CITY OF VIRGINIA BEACH °12"HOLLY j ID.B. 1018,P. 1541 ORDINARY HIGH 24"HOLLY WATER REACHES r+ % j LOT 43 EXISTING BULKHEAD N 18"HOLLY I NOW OR FORMERLY CYNTHIA DUFOUR i GPIN: 1479-99-1290 INST:202503006675 LOT 41 I I M.B.31, PG. 53 NOW OR FORMERLY MARYJ.CLARKE GPIN: 1479-99-0217 INST: 202503009008 j I M.B. 31, PG. 53 o j o o j LOT 42 Q; i NOW OR FORMERLY CYNTHIA C. DUFOUR Di 'ally signed by S Green Lu I REVOCABLE TRUST I -"' DN:CN=Sean e , o j GPIN: 1479-99-1203 o E- enc nsu om O1' INST:20141008000954650 G=Sean, =Green,C=US Z i M.B.31, PG. 53 � Date:2026.03.0 - 1:58:48-05'00' I j TH OF I � EXISTING ! o CONDITIONS " SEAN E. GREEN Lic. No. 0402064005 P_F a f-103'TO TREASURE ISLAND DR BEN GUNN ROAD (50 RIGHT-OF-WAY) F''3/ANAL REF: M.B. 31, PG. 53 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND SCALE: 1" =40' A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015,AKRON, OH 44333 4220 BEN GUNN ROAD,VIRGINIA BEACH, VA 23455 (330)400-3811 COA:0407008328 BAYLAKE PINES, SECTION 1 LOT 42 BLOCK 1 ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 10F 3 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. DUFOUR ENCROACHMENT EXHIBIT N 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. REPLACE PIER S LAKE JOYCE IN SAME FOOTPRINT M.B.31 PG.53 NOW OR FORMERLY CITY OF VIRGINIA BEACH „U-) BAYSIDE LAKE JOYCE 12 N o D.B.1018 P. 154 8' EDGE OF WATER GPIN: 15708024380000 PROPOSED 105 LINEAR FEET OF 16 - 1 > 4 - QUARRY STONE RIP RAP REVETMENT 6"OAK' TREE PROTECTION TO BE INSTALLED SEAWARD OF THE e`er m USED FOR ALL TREES O ON CITY EXISTING BULKHEAD 1h ��` cA 36'OAK _ _ PROPERTY(SEE SHEET 3) 25'STRIP OF OWNERSHIP 0 j DEDICATED TO THE CITY OF VIRGINIA BEACH a 12"HOLLY j (D.B. 1018,P. 1541 ORDINARY HIGH 24"HOLLY WATER REACHES /" I LOT 43 EXISTING BULKHEAD 18"HOLLY/ I NOW OR FORMERLY CYNTHIA DUFOUR i GPIN: 1479-99-1290 INST:202503006675 LOT 41 I I M.B.31, PG. 53 NOW OR FORMERLY MARYJ.CLARKE GPIN: 1479-99-0217 INST: 202503009008 I M.B.31, PG. 53 o I o o j LOT 42 0; r i NOW OR FORMERLY CYNTHIA C. DUFOUR "J I REVOCABLE TRUST I `'' Di ' Ily signed by S Green D C Sean 01 GPIN: 1479-99-1203 j o E- egreenc ns co , r,j,j I INST:20141008000954650 N G=Sean,SN-Green,C=US z: M.B.31, PG. 53 i Ln Date:2026.03.0 a k52-05'00' I I LTH OF Q)� 6, PROPOSED o IMPROVEMENTS ! j SEAN E. GREEN Lic. No. 0402064005 __ PF _ PF 103'TO TREASURE N 61°00'W 100.0' MrO ISLAND DR BEN GUNN ROAD REF: M.B(3�, PG 530E-WAY) �FSS/ONAL 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST � IIIIIIIII FOR AN EXISTING TIMBER BULKHEAD AND SCALE: 1" =40' A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015, AKRON, OH 44333 (330)400-3811 COA:0407008328 4220 BEN GUNN ROAD,VIRGINIA BEACH,VA 23455 BAYLAKE PINES,SECTION 1 LOT 42 BLOCK 1 02025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 2 OF 3 DUFOUR ENCROACHMENT EXHIBIT TREE PROTECTION DETAIL FENCING AND ARMORING DRIP LINE_ SNOW FENCE 00 am 00 00 00 BOARD FENCE 00 01 CORD FENCE PLASTIC FENCE CORRECT METHODS OF TREE FENCING 'ally signed by Elio h Green I 1 I 11 I Sean 1 I E- ne reenc sug,In ail.co , G= ean,SN=Green,C=US Date: 28. 8:68-05'00' G\ tNLTH OF L� �4 r o ? EAN E. GREEN D Lic No. 0402064005 ..� CORRECT TRUNK ARMORING -o TRIANGULAR BOARD FENCE Source: Va. DSCW Plate 3.38-2 sS�ONAL ECG\ EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015,AKRON, OH 44333 (330)400-3811 COA:0407008328 4220 BEN GUNN ROAD,VIRGINIA BEACH, VA 23455 BAYLAKE PINES, SECTION 1 LOT42 BLOCK 1 02025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 3 OF 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of r` ''� r I , 20 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CYNTHIA C. DUFOUR, TRUSTEE OF THE CYNTHIA C. DUFOUR REVOCABLE TRUST, dated July 24, 2014, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 42" as shown on that certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINES PRINCESS ANNE COUNTY, VA," Scale 1" = 100', dated February 1954, prepared by Frank D. Tarrall, Jr. & Associates Surveyors & Engineers, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4220 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing 112.6' timber bulkhead, and to construct and maintain a 22' x 12' timber pier and 105 linear feet of rip rap revetment, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 (LAKE JOYCE - CITY PROPERTY) 1479-99-1203 (4220 BEN GUNN ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' — ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND A PROPOSED TIMBER PIER AND RIP RAP REVETMENT FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4220 BEN GUNN ROAD, VIRGINIA BEACH, VA 23455 BAYLAKE PINES, SECTION 1 LOT 42 BLOCK 1 M.B. 31, PG. 53," Scale: 1" = 40', dated April 28, 2025, and prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that Grantee will not disturb or remove any existing trees on City Property without the prior written consent of City. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 4220 Ben Gunn Road, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 4220 Ben Gunn Road. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 4 It is further expressly understood and agreed that if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities, the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Cynthia C. Dufour, Trustee of the Cynthia C. Dufour Revocable Trust, dated July 24, 2014, the said Grantee, has caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 C 1►�✓�- CYIIrHIA C. DUFOUR, Trustee of the Cynthia C. Dufour Revocable Trust, dated July 24, 2014 STATE OF vf`> CITY/COUNTY OF VA. C?At1c ,\ , to-wit: The foregoing instrument was acknowledged before me this -!-D day of 20?6 by Cynthia C. Dufour, Trustee of the Cynthia C. Dufour Revocable Trust, dated July 24, 2014. (SEAL) C_NQtary Public Notary Registration Number: �( �� j NORnrtA L VASTANO NOTARY PUBLIC My Commission Expires: l� ' .� �`y �� COMMONwEAXPIRESLTH OF OCT. 1A MY COMMISSION EXPIRES CT.31,2027 COMMISSION#7251901 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS — REAL ESTATE CITY ATTORNEY 7 DUFOUR ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. N 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS �N REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 5 LAKE JOYCE EXISTING TIMBER PIER TO BE REMOVED M.B.31 PG.53 NOW OR FORMERLY CI O A BEACH YSIDE LAKE JOYCE D.B.1018 P. 154 pF� �' ,.� Z. EDGE OF WATER GPIN: 15708024380000 �\O�� 6 .P 6"OAK' O 36"OAK of 25'STRIP OF OWNERSHIP j DEDICATED TO THE CITY OF VIRGINIA BEACH 012"HOLLY )D.B. 1018,P. 154) ORDINARY HIGH 24"HOLLY WATER REACHES '+ % I LOT43 EXISTING BULKHEAD 18"HOLLY/ j NOW OR FORMERLY CYNTHIA DUFOUR GPIN: 1479-99-1290 j INST:202503006675 LOT 41 I I M.B. 31, PG. 53 NOW OR FORMERLY j I MARYJ.CLARKE GPIN: 1479-99-0217 INST: 202503009008 j I M.B. 31, PG. 53 o j LOT 42rn 0; i NOW OR FORMERLY y 9 _. CYNTHIA C. DUFOUR Di ell si ned by S Green "'I REVOCABLE TRUST I "' DN:CN=Sean e , o j GPIN: 1479-99-1203 j p E- enc nsu ' om O1' INST.-20141008000954650 G=Sean, =Green,C=US "'I I ^� Date:2026.03.0 1:56:48-05'00' z M.B.31, PG. 53 j Ln j NLTH OF I � I EXISTING ! o CONDITIONS i SEAN E. GREEN Lic. No. 0402064005 P Ft _ _ _ P_F a 103'TO TREASURE N 61.00'W 100.0' ISLAND DR BEN GUNN ROAD (50 RIGHT-OF-WAY) FS$/pNAt ECG\ REF: M.B. 31, PG. 53 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST m I FOR AN EXISTING TIMBER BULKHEAD AND SCALE: 1" =40' A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015, AKRON, OH 44333 (330) 400-3811 COA:0407008328 4220 BEN GUNN ROAD, VIRGINIA BEACH,VA 23455 BAYLAKE PINES,SECTION 1 LOT42 BLOCK 1 ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 1 OF 3 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. DUFOUR ENCROACHMENT EXHIBIT N 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS \I� REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES, REPLACE PIER 5 LAKE JOYCE IN SAME FOOTPRINT M.B.31 PG.53 NOW OR FORMERLY CITY OF VIRGINIA BEACH ,p BAYSIDE LAKE JOYCE 12 rJ c D.B.1018 P. 154 co� S' N EDGE OF WATER GPIN: 15708024380000 AD p0 PROPOSED 105 LINEAR FEET OF QUARRY STONE RIP RAP REVETMENT 6"OAK* TREE PROTECTION TO BE TO BE INSTALLED SEAWARD OF THE - o m 0 USED FOR ALL TREES ON CITY ,L<, 36"OAK _ _ PROPERTY(SEE SHEET 3) EXISTING BULKHEAD ��P 25'STRIP OF OWNERSHIP I DEDICATED TO THE CITY OF VIRGINIA BEACH o12"HOLLY j (D.B. 1018,P. 154) ORDINARY HIGH 24"HOLLY WATER REACHES /' LOT 43 EXISTING BULKHEAD 18"HOLLY/ j NOW OR FORMERLY CYNTHIA DUFOUR i GPIN: 1479-99-1290 INST:202503006675 LOT 41 I I M.B. 31, PG. 53 NOW OR FORMERLY MARYJ.CLARKE I GPIN: 1479-99-0217 INST: 202503009008 j I M.B. 31, PG. 53 o I o 01 LOT 42 of i NOW OR FORMERLY CYNTHIA C. DUFOUR REVOCABLE TRUST I "' Di ' Ily signed by S Green D C =Sean of GPIN: 1479-99-1203 i o E- egreenc ns c0 , N INST:20141008000954650 j N G=Sean,SN=Green,C=US z i M.B.31, PG. 53 i cn Date:2026.03. :52-05'00' j ��p,LTH OF L� PROPOSED o ? IMPROVEMENTS ! j SEAN E. GREEN PF IC. No. 0402064005 __ PF 103'TO TREASURE N 61°00'W 100.0' �O ISLAND DR BEN GUNN ROAD REF: M.8(3�, PG. 53 I 0E-WAV) �FSSIONAL 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST IIIIIIIII FOR AN EXISTING TIMBER BULKHEAD AND SCALE: 1" =40' A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015, AKRON, OH 44333 4220 BEN GUNN ROAD, VIRGINIA BEACH,VA 23455 (330)400-3811 COA:0407008328 BAYLAKE PINES, SECTION 1 LOT 42 BLOCK 1 ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 2 OF 3 DUFOUR ENCROACHMENT EXHIBIT TREE PROTECTION DETAIL FENCING AND ARMORING DRIP LINE SNOW FENCE 00 00 Oil 00 BOARD FENCE 0 00 00 f/I CORD FENCE PLASTIC FENCE CORRECT METHODS OF TREE FENCING ' 'ally signed by Green 111 g -Sean 1 I E- ne reenc s in ail.co , G= ean,SN=Green,.C=US Date: 26. 8:58-05'00' —r\ �NLTH OF �� � � tiI o 00 � EAN E. GREEN D .•.•� Lic. No. 0402064005 .n CORRECT TRUNK ARMORING -o TRIANGULAR BOARD FENCE Source: Va. DSCW Plate 3.38-2 SS�ONAL ECG\ EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015,AKRON, OH 44333 (330)400-3811 COA:0407008328 4220 BEN GUNN ROAD,VIRGINIA BEACH, VA 23455 BAYLAKE PINES, SECTION 1 LOT42 BLOCK 1 ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 3 OF 3 29 ITEM— i.K.5 ORDINANCES/RESOLUTIONS ITEM#78361 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of 7.04+/- acres of a portion of property at 4188 Yorktown Boulevard in Midway Manor from the United States of America, Department of Navy; ESTABLISH Capital Project #100754 "Midway Manor"; and TRANSFER $3-Million from Capital Project#100641 "Open Space Acquisition IV"to Capital Project#100754 Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr. Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 1 AN ORDINANCE TO (1) AUTHORIZE 2 ACQUISITION OF 7.04+/- ACRES OF A 3 PORTION OF PROPERTY LOCATED AT 4188 4 YORKTOWN BOULEVARD IN MIDWAY 5 MANOR FROM THE UNITED STATES OF 6 AMERICA, (2) ESTABLISH CAPITAL PROJECT 7 #100754, "MIDWAY MANOR" AND (3) 8 TRANSFER $3,000,000 FROM CAPITAL 9 PROJECT #100641, "OPEN SPACE 10 ACQUISITION IV," TO CAPITAL PROJECT 11 #100754 12 13 WHEREAS, the United States of America, Department of the Navy (the "Navy"), 14 owns an 8.76+/- acre parcel of land in Midway Manor housing development located at 15 4188 Yorktown Boulevard (GPINs: 1476-90-5569 and small portion of 1476-80-5061) in the 16 City of Virginia Beach, Virginia; 17 18 WHEREAS, the Navy has determined that a 7.04+/- acre portion of the parcel (the 19 "Property"), which has been appraised at $3,000,000 and which is depicted on the plat 20 attached hereto as Exhibit A and made a part hereof, is in excess of its needs; 21 22 WHEREAS, the Navy desires to retain the remaining 1.72+/- acre portion of its site 23 fronting on Yorktown Boulevard for the CYP Midway Manor Youth Program building and for 24 land that the youth program would require for its operations; 25 26 WHEREAS, the Navy has been authorized by Congress to convey the Property to 27 the City of Virginia Beach by legislation adopted in the 2022 National Defense Authorization 28 Act, section 2856 (the "Legislation"); 29 30 WHEREAS, the City has determined that the Property would be suitable for several 31 potential uses, including a public park, a future fire station, and stormwater facilities, 32 33 WHEREAS, the City and the Navy have reached agreement on the terms for the 34 acquisition of the Property, as follows: in exchange for a deed for the Property, the City and 35 the Navy will enter into a Project Management Agreement ("PMA"), pursuant to which the 36 City will provide in-kind consideration in the form of milling, paving, and striping certain 37 roads within the Naval Air Station Oceana base, as more particularly described in the 38 Summary of Terms attached hereto as Exhibit B and made a part hereof(the"Summary of 39 Terms"), which in-kind consideration services are estimated to cost approximately 40 $3,000,000; 41 42 WHEREAS, funding for the acquisition of the Property, to procure the in-kind 43 consideration and to pay any acquisition-related administrative costs required by the 44 Legislation is available in Open Space Acquisition IV, CIP #100641; 45 46 WHEREAS, to track the funding and provision of in-kind services, City staff proposes 47 establishing capital project 100754 "Midway Manor," and transferring the $3,000,000 from 48 Capital Project 4100641 to Capital Project #100754; and 49 50 WHEREAS,the City Council finds that it is in the best interests of the City to acquire 51 the Property in accordance with the terms of the Summary of Terms for the provision of 52 public services for the benefit of City residents. 53 54 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 57 1. That the City Council authorizes the acquisition of the Property by purchase 58 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 59 depicted on the plat attached as Exhibit A and described as"Property to be Acquired by the 60 City of Virginia Beach" and subject to the pedestrian-access use restriction depicted on 61 such plat. 62 G3 2. That the City Manager or his designee is further authorized to execute all 64 documents (which documents will include the PMA,the documents necessary to effectuate 65 the in-kind consideration work, and the closing documents) that may be necessary or 66 appropriate in connection with the purchase of the Property from the Navy, so long as they 67 are substantially in accordance with the Summary of Terms attached hereto as Exhibit B. 68 and such other terms, conditions and modifications as may be acceptable to the City 69 Manager and in a form deemed satisfactory by the City Attorney. 70 71 3. That Capital Project#100754 "Midway Manor," is hereby established in the 72 FY2025-2026 Capital Improvement Program with a project page attached hereto as Exhibit 73 C and incorporated herein. 74 75 4. That $3,000,000 is hereby transferred from Capital Project #100641, "Open 76 Space Acquisition IV," to Capital Project#100754. 77 78 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day 79 of_ May , 2026. CA16753 R-1 PREPARED: 516126 APPROVED AS TO CONTENT: APP OVED AS TO CONTENT: PUBLIC WORKS, REAL ESTATE BUDGET A D MANAGEMENT SERVICES APPROVED AS TO AVAILABILITY APPROVED AS TO LEGAL OF FUNDS: SU`.NCY AND FORM: FINANCE T ORNEY NOTES: ERLY WINDSOR OAKS BOULEVARD (60' R/W) PEMBROKOER DEVELOPMENT COMPANY,L.L.C. 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE (FORMERLY BRISTLECONE DRIVE) (M.B. 106, P. 27) D.B.3672,P. 2138 PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). GPIN: 1476-91-7227 COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY S 23'39'16"E FEET AND ARE DERIVED FROM CPS UTILIZING THE CITY OF VIRGINIA LA C 2198' BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. Gi $78 '��E `� COMMON 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS 35493' C3 AREA COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. N 4461,2481545 C2 ;....': 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. N 65'2T44'E £12,179,MF.1087 �® 70.00, . THIS F 4 IS PLAT S INTENDED OR ACQUISITION PURPOSES ONLY AND DOES NOT ............... N^o CONSTITUTE A SUBDIVISION OF LAND. RX7 ®® 5. PROPERTY TO BE ACQUIRED AND ACCESS TO BE ESTABLISHED BY DEED. Irn a ........... PROPERTY TO BE C4 ARE TABLE � ........... ACQUIRED BY THE CITY :::::' N OF VIRGINIA BEACH USA PROPERTY GPIN 1476-90-5569 381,662 Sq. Ft. a 8.76175 A. F •:•:•:GPIN: XXXX-XX-XXXX n :'i:•iAREA=306,569.SQ. FT.:-::-*-*-'-'--'-'-'-'-'-'--*----- .............. $ �� PROPERTY TO BE ACQUIRED m N BY 7HE CITY OF NRGINIA BEACH 306,569 Sq. Ft. or 70J786 Ac. LOCATION MAP SCALE: 1" = 1320' NOW OR FORMERLY OR 7.03786 AC. a GPIN 1476-90-5569 8 ''.' tD " CITY OF VIRGINIA BEACH z IY USA RESIDUAL PROPERTY LINE DATA CHART w m a W 3 _ _ 75,09J Sq. Ft. or 1.72389 Ac �':.ciiiiir :....Ca.:;5;:•i7(i i::::(Ci(i:(b?:i?i??i?:? I'- GPIN 1476 90 5569 SCHOOL BOARD �.�.......... ......... NUMBER DIRECTION DISTANCE iv:::::::::• : :::::.�::::::.�:::::•:::::::........... O "� Ln 00 USA PROPERTY GPIN 1476-80-5061 J,8JJ041 Sq. Ft. ar 87.99451 Ac F D.B. 1580, P. 560 n.................�...... ::.:..:.: 3 F= N v �' L1 S 78'43'40'E 9.69' H GPIN: 1476-80-8780 PROPERTY OF THE;;;;;;;;;;::::: OW rn W CL PROPERTY TO BE ACQUIRED L2 N 6620'44"E 37.24' s .............. ....... ., BY THE CITY OF WRGINIA BEACH 402 Sq. Ft. or 0.0092J Ac. Z W UNITED STATES 0 F:::::: ; W > C' GPIN 1476-80-5061 L3 N 7558'10"E 9.30' S vOi "u*i.•:.•.•:.•.•:::.•:.:::.:•:.::.:.:. ::::::::::::::::::::::.::::::::: rn Y �' USA RESIDUAL PROPERTY ;:.::.::.;..;;;:.:• :•;•;;AMERICA: :':I;:I::.:: J837,639 Sq. FL or 879852E Ac. L4 N 66'20'44"E 59.66' v.............................::......:::.:�:::.�:::::::.�:::::::::•:: GPIN 1476-80-506I 1586, P. 291'::6??:?i:ci?::is O Lw m L5 S 8716'06"E 105.64' .,.,., :.............................:::::::::::::::: ,_ z � PEDESTRIAN ACCESSAREA TO BE ICTED TO USE ONLY .X549 Sq.Ft. or 0.08147 Ac. :'.'::GPIN: 1476-90-5569:::::::'::':.':: } L6 S 2'43'54'w 50.00' z L7 N 87'16'06'W 105.64' Q CURVE DATA CHART m L8 S 2'43'54'W 158.89' N NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH L9 S 243'54"W 15.47' AREA TO BE RES7RlC7ED l0 LS PEDESTRIAN ACCESS USE ONLY ...........••••••••.. Ct 234.18' 600.77' 22'20'01" 118.59, N 76'37'49"E 232.70' LID N 2'43'54"E 23.24' AREA =3549 SO.FT. OR 0.08147 AC. '.. N BT'161064 W :502.13'. ........:......:.... C2 244.52' 630.00' 2274'18' 127.82' S 89'S0'49'E 242.99' ............... ������ L11 N 2'43'54'E 155.81' 396.49' �7 C3 139.52' 630.00' IT41'20' 70.05' N 72'41'22'E 139.24' � LI2 N 78'31'13'W 20.24' RESIDUAL PROPERTY b a C4 159.69' 1357.23' 6'44'29' 79.94' N 79'20'24"E 159.60' N 783113 W 934•55• T LI2 GPIN: 1476-90-5569 r C5 31.42' 20.00' 90 0'W 20.00' S 68'39'16'E 28.28' AREA = 75,093 SQ. FT. OR 3 2 C6 69.19' 150.00' 26-25-46' 35.22' S 10'28'59"E 68.58' N J460,386.0552 1.72389 AC. E 12,179,289.9756 L10 L9 C7 20.69' S0.00' 23'42'2Y 10.49' S 7932'55"W 20.54' N 78�1'13'W Y 4 E SIDEWALK " coMM p 5 PLAT SHONTIN6 PROPERTY OF THE S78'3l'1.T"E REA PROPERTY Q UNITED STATES OF AREA TO BE ACQUIRED FROM TjM 1087'yy'y CPIN E ACQUIRED BER(gKE_ TO BE ACQUIRED FROM A M E R I C A AREA=40I SO. FT. - 0.0092J AC. MB. SEPTIO 2) By ELEVEN UNITED STATES O F AM E R I CA D.B. 1533, P. 119 L7 126, `V m GPIN: 1476 80 5061 _ �1'pyTH OF CITY OFv►FOR RGINIA BEACH = LEGEND gyp{ \ i PARRS A RECREATION OPEN SPACE a - a�y urt z CIP NO.X-XX.XXX W Li�JB�/3425 a � PIN Eq/ND r 4- O CORNER NOT SET < a SURNEl4o DEPARTMENT OF PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU PW SET ` TEL(757)385-4131;2473 N.LANDING ROAD;BLDG.23;ROOM 160 VIRGINIA BEACH,VIRGINIA 23456 BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE DENOTES PROPERTY 70 -✓- BOUNDARY, STREETS OR OTHER ONES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, BE ACQUIRED BY THE EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE CITY OF WRONIA BEACH NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PUT. 0 100' 200' r/1 ® DENOTES AREA TO BE .`_.. APPROVED: DATE: RES7MC7 ED TO PEDESTRIAN GRAPHIC SCALE CITY OF VIRCiINIA BEACH SHEET DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH ACCESS USE ONLY 1 OF 1 i" 100 REV.SEPT.17,2025 EEBRUARY 2,2023 30B NO.220189 EXHIBIT "B" SUMMARY OF TERMS SELLER: United States of America, Department of the Navy BUYER: City of Virginia Beach PROPERTY: 7.04±-acre portion of 4188 Yorktown Boulevard (portions of GPINs: 1476-90-5569 and 1476-80-5061), as depicted on the plat attached as Exhibit "A" to the Ordinance, and subject to the easement noted on such plat CONSIDERATION: Actual cost of in-kind services to be performed by the City on the Seller's property of NAS Oceana, as set forth in the Scope of Work, attached hereto as Exhibit "B-1" (estimated cost of in-kind services: $3,000,000) SOURCE OF FUNDS: Open Space Acquisition IV, CIP 100641 ADDITIONAL TERMS: • Acquisition is conditioned upon the parties executing a Project Management Agreement ("PMA"), and the satisfaction of all contingencies stated in such agreement. The work to be performed pursuant to the PMA is the milling, paving and striping of certain roads on NAS Oceana base, more particularly described in the Scope of Work (Exhibit "B-1"), which will be an attachment to the PMA. • Property to be conveyed by quitclaim deed, free and clear of all liens, leases, tenancies and rights of possession of any and all parties other than the City. • In-kind services under the PMA to be performed as soon as practicable after Settlement • Seller shall pay its own attorney's fees and costs. • City shall bear the administrative costs of obtaining a title report and preparation of closing documents. • A 3,549 Sq. Ft. ( 0.01847 Ac.) portion of the Property will be restricted to use only for pedestrian access. • Acquisition shall comply with the terms of the National Defense Authorization Act of 2022, Section 2856 • City shall require its contractor performing the in-kind consideration services to maintain insurance in the amount of$5 million. • City shall indemnify the Navy for any damages caused during the performance of the in-kind consideration THIS INSTRUMENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE Rebecca Deloria Kubin,VSB#34410 TITLE INSURANCE UNDERWRITER:UNKNOWN EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3) AND 58.1-811(C)(4) QUITCLAIM DEED THIS INDENTURE ("Deed") is made the_day of , 2026 between United States of America, acting by and through the Commanding Officer,Naval Facilities Engineering Systems Command, Mid-Atlantic, Navy, 9742 Maryland Avenue,Norfolk, Virginia 23511, by direction of the Secretary of the Navy, hereinafter referred to as "GOVERNMENT," and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "GRANTEE." It is based upon the following facts: WITNESSETH WHEREAS, Section 2856 of Public Law 117-81,National Defense Authorization Act for Fiscal Year 2021, authorized the Secretary of the Navy to convey to GRANTEE all right,title and interest of the GOVERNMENT in and to a parcel of real property, including any improvements thereon, consisting of approximately 7.12856 acres located at 4200 C Avenue, Virginia Beach, Virginia, and more fully described below"PROPERTY"; NOW, THEREFORE, GOVERNMENT in consideration of Three Million Dollars ($3,000,000.00) in the form of in-kind consideration as described in that Project Management Agreement (the "PMA") entered into by GOVERNMENT and GRANTEE on , 2026, incorporated herein by reference, the parties have agreed to, and do hereby, effectuate the conveyance set forth below. GOVERNMENT does hereby remise, release, and quitclaim unto GRANTEE, its successors, and its assigns, without any warranty express or implied as to the quantity or quality of GOVERNMENT's title, all GOVERNMENT's right, title, and interest in in the PROPERTY. This includes, but is not limited to, the underlying estate,buildings, structures, and improvements, and personal property situated or installed thereon, more fully described on the documents attached to this Deed and incorporated herein as Exhibit A. GRANTEE acknowledges and accepts that this conveyance is subject to any easements and encumbrances of record and subject to the reservations, exceptions, notices, covenants, conditions, and restrictions expressly contained herein, TO HAVE AND TO HOLD the said lots or pieces of ground above described,together with all rights and appurtenances thereto and any way belonging, unto GRANTEE, its successors, and its assigns, subject to any easements and encumbrances of record. GPINs: 1476-90-5569 (portion) and 1476-80-5061 (portion) GRANTEE acknowledges and accepts the condition and state of repair of the PROPERTY, and that the PROPERTY is conveyed"AS IS, and WHERE IS" without representation, warranty or guaranty as to such condition and state of repair, or that the same is in a condition, or fit, to be used for the purpose for which intended. GRANTEE also acknowledges that GOVERNMENT shall not be liable for any latent or patent defects in the PROPERTY, except to the extent required by applicable law and except for the covenants and representations of GOVERNMENT contained hereafter. GRANTEE acknowledges receipt from GOVERNMENT of an Environmental Condition of Property (ECP) Assessment for the PROPERTY; the ECP references restrictions and environmental conditions on the PROPERTY and on other property not subject to the Deed. Those restrictions and environmental conditions described in the ECP which are applicable to the PROPERTY are contained in this Deed. NOTICES, CONVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS Property Covered by Notice, Description, Access Riuhts, and Covenants Made Pursuant to Section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 4 9620(h)(3)(A)): For the Property, the GOVERNMENT provides the following notice, description, and covenants and retains the following access rights: i. Notices Pursuant to Section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 4 9620(h)(3)(A)(i)(I) and (II)): Pursuant to section 120(h)(3)(A)(i)(1) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(I) and (II)), available information regarding the type, quantity, and location of hazardous substances and the time at which such substances were stored, released, or disposed of, as defined in section 120(h), is provided in Exhibit B, attached hereto and made a part hereof. ii. Description of Remedial Action Taken, if Any, Pursuant to Section 120(h)(3)(A)(i)(II1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 4 9620(h)(3)(A)(i)(III)): Pursuant to section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(III)), a description of the remedial action taken, if any, on the Property, is provided in Exhibit B, attached hereto and made a part hereof. iii. Covenant Pursuant to Section 120(h)(3)(A)(ii) and (B) of the Comprehensive Fnyironi-:ntal Response, Compensation, and Liability Act of 1980 (42 U.S.C. 4 9620(h)(3)(A)0i) and (B)): Pursuant to section 120(h)(3)(A)(ii) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii) and (B)),the GOVERNMENT warrants that: a. all remedial action necessary to protect human health and the environment with respect to any hazardous substance identified pursuant to section 2 120(h)(3)(A)(i)(I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 remaining on the Property has been taken before the date of this Deed, and b. any additional remedial action found to be necessary after the date of this Deed shall be conducted by the GOVERNMENT. iv. Access Rights Pursuant to Section 120(h)(3)(A)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. $ 9620(h)(3)(A)(iii)1: The GOVERNMENT retains and reserves a perpetual and assignable easement and right of access on, over, and through the PROPERTY, to enter upon the PROPERTY in any case in which a remedial action or corrective action is found to be necessary on the part of the GOVERNMENT, without regard to whether such remedial action or corrective action is on the PROPERTY or on adjoining or nearby lands. Such easement and right of access includes, without limitation, the right to perform any environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring,testpitting, installing monitoring or pumping \vells or other treatment facilities, response action, corrective action, or any other action necessary for the GOVERNMENT to meet its responsibilities under applicable laws and as provided for in this instrument. Such easement and right of access shall be binding on the GRANTEE and its successors and assigns and shall run with the land. In exercising such easement and right of access,the GOVERNMENT shall provide GRANTEE or its successors or assigns, as the case may be, with reasonable notice of its intent to enter upon the PROPERTY and exercise its rights under this clause, which notice may be severely curtailed or even eliminated in emergency situations. The GOVERNMENT shall use reasonable means to avoid and to minimize interference with the GRANTEE's and the GRANTEE's successors' and assigns' quiet enjoyment of the PROPERTY. At the completion of work,the work site shall be reasonably restored. Such easement and right of access includes the right to obtain and use utility services, including water, gas, electricity, sewer, and communications services available on the PROPERTY at a reasonable charge to the GOVERNMENT. Excluding the reasonable charges for such utility services, no fee, charge, or compensation will be due the GRANTEE, nor its successors and assigns, for the exercise of the easement and right of access hereby retained and reserved by the GOVERNMENT. In exercising such easement and right of access, neither the GRANTEE nor its successors and assigns, as the case may be, shall have any claims at law or equity against the GOVERNMENT or any officer or employee of the GOVERNMENT based on actions taken by the GOVERNMENT or its officers, employees, agents, contractors of any tier, or servants pursuant to and in accordance with this clause. Provided, however, that nothing in this paragraph shall be considered as a waiver by the GRANTEE and its successors and assigns of any remedy available to them under the Federal Tort Claims Act. 3 Covenant and Restriction re: Navigable Airspace: GRANTEE covenants and agrees, on behalf of itself, its successors, and its assigns, that all construction, alterations, or improvements on the PROPERTY, of whatever type or nature, shall,to extent(if any) required by law, fulfill the requirements of the Federal Aviation Administration for compliance with the regulations set forth in 14 CFR Part 77, entitled "Safe, Efficient Use, and Preservation of the Navigable Airspace," and issued tinder the authority of the Federal Aviation Act of 1858, as amended. Covenant re: Non-Discrimination: GRANTEE covenants and agrees, on behalf of itself, its successors, and its assigns, not to discriminate upon the basis of race, age, color, sex, religion, or national origin in the use, occupancy, sale, or lease of the PROPERTY. GOVERNMENT shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the PROPERTY. The express easements and restrictions set forth in this Deed shall run with the land and shall endure for such time as required to serve the essential purposes thereof(as reasonably determined by GOVERNMENT or as required by Federal or State agencies). GOVERNMENT shall respond promptly and in good faith to any written request by any owner that GOVERNMENT extinguish or acknowledge the termination of one or more easements or restrictions (because of the full satisfaction of the essential purposes thereof or because of a change in circumstances or law that render such easements and restrictions unnecessary, unreasonable, or impractical). GRANTEE acknowledges that the extinguishment or termination of any easement or restriction may require Federal or State agency approval and it will be the responsibility of GRANTEE to seek such approval. GRANTEE, on behalf of its lessees, licensees, successors and assigns covenants that it shall provide kvritten notice to GOVERNMENT of any subsequent sale, assignment or lease of the PROPERTY, or any portion thereof, and provide contact information concerning the new owner or occupant. Except if and as otherwise provided expressly herein or as prohibited or otherwise required by law, the burdens and benefits of this Deed shall bind and shall inure to the benefit of the parties, of the parties' successors and assigns, and, in turn, of their heirs, successors, assigns, representatives and personal representatives, in perpetuity. Notwithstanding any other provision herein, GOVERNMENT acknowledges that none of the conditions, restrictions, covenants, easements, reservations, or other provisions in this Deed that impose obligations upon GRANTEE, its successors, and its assigns shall create any possibility of"reverter" or other divestiture of title in the event GRANTEE, GRANTEE's successors, or GRANTEE's assigns (or the heirs, successors, or assigns of GRANTEE's successors and assigns, in perpetuity) fail to comply with such provisions. GOVERNMENT acknowledges, to the contrary, that violations of any of the conditions, restrictions, covenants, easements, reservations, or other provisions in this Deed shall give rise only to such causes of action that exist at law or in equity (e.g., if appropriate, an action in specific performance or an action to enjoin conduct that would effect a violation) without affecting the title, interest, and estate granted herein from GOVERNMENT to GRANTEE, GRANTEE's successors, and GRANTEE's assigns (and to the heirs, successors, and assigns of such successors and assigns, in perpetuity), 4 This Deed contains all of the rights, obligations, liabilities, conditions, covenants, reservations and restrictions between GOVERNMENT and GRANTEE, its successors and their assigns, and this Deed supersedes all prior agreements and understandings relating to the PROPERTY, except for the PMA incorporated herein by reference and those provisions of the Purchase Agreement which survive the closing of the conveyance of the PROPERTY pursuant hereto. No other cause of action or claim of any kind that may arise from the Purchase Agreement or any other prior agreement or understanding except for the PMA and those provisions of the Purchase Agreement surviving closing shall survive, nor shall any be actionable, after the effective date of this Deed. IN WITNESS WHEREOF, the undersigned, acting pursuant to the authority vested unto her as Real Estate Contracting Officer for the GOVERNMENT, has hereunto executed this Deed the day and year Iirst written above. UNITED STATES OF AMERICA By: AMANDA R.M. PACK Real Estate Contracting Officer Naval Facilities Engineering Systems Command Mid-Atlantic Commonwealth of Virginia ) City of Norfolk ) The foregoing instrument was acknowledged before me this day of , 2026, by Amanda R.M. Pack, Real Estate Contracting officer, on behalf of the United States of America. Notary Public My Commission expires: Commission number: 5 Certificate of Address: I certify that the precise street address of the GRANTEE in the foregoing instrument is as follows: CITY OF VIRGINIA BEACH 2401 Courthouse Drive Virginia Beach, VA 23456 APPROVED AS TO FORM AND ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH: City Attorney APPROVED AS TO CONTENT: Public Works/Real Estate 6 COMMONWEALTH OF VIRGINIA SS. CITY OF NORFOLK On this, the_day of 2026, before me, a notary public,personally appeared , known or satisfactorily proven to be a Real Estate Contracting Officer of the Mid-Atlantic of the Naval Facilities Engineering Command of the Department of the Navy of the United States of America, who, in such capacity, and confirming her authority to do so, executed the foregoing Deed, affixing her signature thereto, for the purpose set forth therein and desiring that it be recorded as such. In witness whereof, I have hereunto set my hand and official seal. Print Name: Notary Public My commission expires: 7 Exhibit A LEGAL DESCRIPTION OF THE PROPERTY Legal Description for Property at Midway Manor to be conveyed from the United States of America to the City of Virginia Beach ALL THAT certain lot, piece or parcel of land, together with the improvements thereunto belonging, and lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as "PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH GPIN: XXX-XX-XXX AREA=306,569 SQ. FT. OR 7.03786 AC. PROPERTY OF THE UNITED STATES OF AMERICA D.B. 1586, P. 291 GPIN: 1476-90-5569"and"AREA TO BE ACQUIRED FROM GPIN 1476-80-5061 AREA =402 SQ. FT. OR 0.00923 AC." and further respectively described as "PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH GPIN 1476-90-5569 306,569 SQ. FT. OR 7.03786 AC."and"PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH GPIN: 1476-80-5061 402 SQ. FT. OR 0.00923 AC.," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM UNITED STATES OF AMERICA BY CITY OF VIRGINIA BEACH FOR PARKS & RECREATION OPEN SPACE CIP NO. X-XX.XXX," Scale: 1"= 100', dated February 2, 2023 and revised through September 17, 2025, prepared by Department of Public Works, Engineering Group, Survey, Bureau, which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number , to which reference is hereby made for a more particular description. Being further described by metes and bounds as follows: Beginning at a point on the southern right of way line of Windsor Oaks Boulevard (formerly Bristlecone Dr.) in the northwest corner of the subject property, where it adjoins the northeast corner of the property owned by the City of Virginia Beach School Board and marked by a pin found at the following coordinates: N 3,461,248.1545 E 12,179,331.1087 (the "POINT OF BEGINNING"), from the POINT OF BEGINNING and running the following courses and distances: Commencing at the Point of Beginning and running along the southern right-of-way line of Windsor Oaks Boulevard S 78°43'40"E a distance of 9.69' to a point; thence running along a curve to the left having an arc of 244.52', a radius of 630.00', a chord direction S 89°50'49" E and a chord length of 242.99' to a point; thence leaving the southern right-of-way line of Windsor Oaks Boulevard along a curve to the left having an arc of 159.69', a radius of 1,357.23', a chord direction of N 79°20'24"E, and chord length of 159.60' to a point: thence turning and running N 75'58'10" E a distance of 9.30' to a point where the northeastern corner Of the subject property adjoins the northwestern corner of Lot 1, on the Plat of Timberlake Section Ten (M.B. 122, P. 48); thence turning and running along the western property line of those lots designated as Lots 1-12 on the Plat of Timberlake Section Ten S 2°43'54" W a distance of 706.41' to a pin found on the southwest corner of Lot 12 on the Plat of Timberlake Section Ten; thence turning and running S 87°16'06" E a distance of 105.64' to a pin on the southeast corner of Lot 12 where it adjoins the western right-of-way line of Banyan Drive; thence running along the western right-of-way line of Banyan Drive S 2°43'54" W a distance of 50.00' to a pin found; thence turning and leaving the western right-of-way line of Banyan Drive and running N 8716'06" W a distance of 105.64' to a pin found ; thence continuing along the same course a distance of 396.49' to a point; thence turning and running S 2°43'54" W a distance of 158.89' to a point; thence continuing along the same course a distance of 15.47' to a point on the northern edge of an existing 4' sidewalk located on the property of the United States of America GPIN: 1476-80-5061; thence turning and running along a curve to the right having an arc of 20.69', a radius of 50.00', a chord direction of S 79°32'55"W and a chord length of 20.54' to a point on the same existing sidewalk; thence turning and running N 2°43'54"E a distance of 23.24' to a pin found located on the aforementioned property of the City of Virginia Beach School Board; thence continuing along the same course a distance of 155.81' to a point; thence continuing along the same course a distance of 707.27' to the POINT OF BEGINNING; such property containing 306,569 square feet or 7.03786 acres, more or less. EXPRESSLY SUBJECT to that certain restriction to pedestrian access use on the areas designated and described as "AREA TO BE RESTRICTED TO PEDESTRIAN ACCESS USE ONLY AREA = 3,549 SQ. FT. OR 0.08147 AC." and further described as "AREA TO BE RESTRICTED TO PEDESTRIAN ACCESS USE ONLY 3,549 SQ. FT. OR 0.08147 AC.," as shown on the aforesaid plat. 1T BEING a portion of the same property conveyed to the United States of America,by Deed dated July 30, 1976 fi-om Terry Corporation of Virginia, a Virginia corporation, recorded in the aforesaid Clerk's Office in Deed Book 1586, at page 291, and being a portion of the same property conveyed to the United States of America by Deed from R and R Corporation, dated December 12, 1975, and recorded in the aforesaid Clerk's Office in Deed Book 1533, at page 119. 9 RETAINED AREA 10 1583091,9 05/13/2026 EXHIBIT "B-1" 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia (a) Conveyance authorized (1) In general The Secretary of the Navy may convey to the City of Virginia Beach, Virginia (in this section referred to as the City), all right, title, and interest of the United States in and to a parcel of real property located at 4200 C Avenue, Virginia Beach, Virginia, including any improvements thereon, consisting of approximately 8 acres. (2) Authority to void land use restrictions The Secretary may void any land use restrictions associated with the property to be conveyed under paragraph(1). (b) Consideration (1) In general As consideration for the conveyance under subsection(a)(1),the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described in paragraph(2), or a combination thereof. (2) In-kind consideration In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Naval Air Station Oceana,Virginia,that the Secretary considers acceptable. (3) Disposition of funds Cash received in exchange for the fee title of the property conveyed under subsection(a)(1) shall be deposited in the special account in the Treasury established under subparagraph(A) of section 572(b)(5) of title 40, United States Code, and shall be available for use in accordance with subparagraph(B)(ii) of such section. (c) Payment of costs of conveyance (1) Payment required The Secretary of the Navy shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(1), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. (2) Refund of excess amounts If amounts are collected under paragraph(1)in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection(a)(1),the Secretary shall refund the excess amount to the City. (3) Treatment of amounts received Amounts received as reimbursement under paragraph(1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance under subsection(a)(1). Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of property The exact acreage and legal description of the parcel of real property to be conveyed under subsection(a)(1) shall be determined by a survey satisfactory to the Secretary of the Navy. (e) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a)(1) as the Secretary considers appropriate to protect the interests of the United States. EXHIBIT C° City of Virginia Beach FY 2027 thru FY 2032 Capital Improvement Program Project: 100754 Title:Midway Manor Status:Proposed Category:Parks&Recreation Department:PARKS AND RECREATION Ranking:0 Project Type Project Location Project Type:Site Acquisition District:10 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 3,000,000 3,000,000 0 0 0 0 0 0 0 Description This project is for the acquisition of property at 4188 Yorktown Blvd from the Department of the Navy.The purchase price will be paid by the City in the form of in-kind services,meaning the City will pay the actual cost of performing milling,paving,and striping of certain streets within the boundaries of NAS Oceana, which has an estimated cost of approximately$3,000,000. Purpose T e Department 61 Me Navy own e an 8.76+ --acre-parceiI in Mi way Manor ousing eve opment ocate at 41 or town Bou evar PINS: - 5569 and small portion of 1476-80-5061)in the City of Virginia Beach,Virginia. The Navy determined a 7.04+/-acre portion of the parcel was in excess of its needs and has been authorized by Congress to convey it to the City,in Section 2856 of the 2022 National Defense Authorization Act. The Navy desires to retain the remainder of the site for the CYP Midway Manor Youth Program building and the portion of land the youth program would require for its operations.The City determined that the Property would be suitable for several potential uses,including a public park,a future fire station,and stormwater facilities.The Property has road frontage on Windsor Oaks Boulevard,and it is adjacent to White Oak Elementary School. History and Current Status This project was approved by the City Council on May 19,2026 and was funded through a transfer of appropriations from 100641"Open Space Acquisition." Operating Project Map Schedule of Activities Project Activities From-To Amount Site Acquisition 05/26-06/27 3,000,000 Total Budgetary Cost Estimate: 3,000,000 Means of Financing Funding Subclass Amount Local Funding 0 PAYGO-Open Space 3,000,000 Total Funding: 3,000,000 NO MAP REQUIRED HOLLAIyO WINDSO �._ `. .Ip s SITE-=-# �ycF ;`y — OAKS BLVD 0 FERRET u BARKLEAF DR'. 1 >. , ❑ T �.BAN�IAN DR LOCATION MAP ATLANTA DR YORK PROPOSED ACQUISITION 0 OF MIDWAY MANOR Legend o a - PROPERTY OWNER: o UNITED STATES OF AMERICA CITY PROPERTY o ° GPINs: 1476-90-5569 & 1476-80-5061 PROPERTY TO BE mil ' i 0 200 400 ACQUIRED p' ° ° Feet �leparedBy ng' urvey ureaut- - i urveys. J t, c s rogects ea state aps .aprx N WI s NDSpR ps. W �R DEAF pR r a LOCATION MAP �4 A11,AN71 DRY �* ,�,� &�, ORK PROPOSED ACQUISITION "' ,A -� OF " MIDWAY MANOR Legend *� PROPERTY OWNER: UNITED STATES OF AMERICA 4e GPINs: 1476-90-5569 & 1476-80-5061 n CITY PROPERTY x.A ' • F PROPERTY TO BE 0 200 400 ACQUIRED �� .. , , �r �w �l Feet ;� lepared y. ny,.urvey ureau' - -2 - rveys,.,. is PrgeM ealstate e a Maps -5TM-nalaprx 30 ITEM— V K.6 ORDINANCES/RESOLUTIONS ITEM#78362 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the FY 2025-26 Department of Housing and Neighborhood Preservation Budget;ACCEPT andAPPROPRIATE$1-Million from the Federal Department of Housing and Urban Development(HUD) and APPROPRMTE$60,000 from the Federal Section 8 fund balance to the FY 2025-26 Department of Housing and Neighborhood Preservation re Housing Choice Voucher Program and operations Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr. Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 1 AN ORDINANCE TO AMEND THE FY 2025-26 2 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 3 PRESERVATION BUDGET FOR THE HOUSING CHOICE 4 VOUCHER PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT.- 8 9 1) $1,000,000 is hereby accepted from the Federal Department of Housing and 10 Urban Development and appropriated, with revenue increased accordingly, to 11 the FY 2025-26 Operating Budget of the Department of Housing and 12 Neighborhood Preservation as part of the Housing Choice Voucher program. 13 14 2) $60,000 of fund balance from the Federal Section 8 Fund is hereby 15 appropriated, with revenue increased accordingly, to the FY 2025-26 Operating 16 Budget of the Department of Housing and Neighborhood Preservation to 17 support Housing Choice Voucher program operations. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of M a Y , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services ity Att 's Office CA17227 R-1 May 5, 2026 31 ITEM— V X 7 ORDINANCES/RESOLUTIONS ITEM#78363 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $47,520 from the Virginia Department of Education Child Care Subsidy Program to the FY 2026-27 Parks and Recreation Operating Budget re expand access to preschool services Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE REVENUE FROM THE VIRGINIA DEPARTMENT 3 OF EDUCATION CHILD CARE SUBSIDY PROGRAM TO 4 EXPAND ACCESS TO PRESCHOOL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $47,520 is hereby accepted from the Virginia Department of Education and 10 appropriated, with state revenue increased accordingly, to the FY 2026-27 11 Operating Budget of the Department of Parks and Recreation for the purpose of 12 supporting programs focused on expanding access to preschool services. 13 14 2. This ordinance shall be effective July 1, 2026. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of May , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 20 1 k A Budget and Management S rvices 2Cii rney's Office CA17229 R-1 May 5, 2026 32 ITEM— VX 8 ORDINANCESIRESOL UTIONS ITEM#78364 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE ,$12,650.50 from each of the following Region V Community Service Boards: Hampton-Newport News, Western Tidewater, Norfolk, Chesapeake, Portsmouth, Colonial Behavioral Health and Middle Peninsula Northern Neck Behavioral Health to the FY 2025-26 Human Services Operating Budget re provide cost share support for the Regional Marcus Alert liaison position Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM REGION V COMMUNITY SERVICE 3 BOARDS TO PROVIDE COST SHARE SUPPORT FOR THE 4 REGIONAL MARCUS ALERT LIAISON POSITION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT.- 8 9 1) $12,620.50 is hereby accepted from the Hampton-Newport News Community 10 Services Board and appropriated, with revenue increased accordingly, to the 11 FY 2025-26 Operating Budget of the Department of Human Services. 12 13 2) $12,620.50 is hereby accepted from the Western Tidewater Community 14 Services Board and appropriated, with revenue increased accordingly, to the 15 FY 2025-26 Operating Budget of the Department of Human Services. 16 17 3) $12,620.50 is hereby accepted from the Norfolk Community Services Board 18 and appropriated, with revenue increased accordingly, to the FY 2025-26 19 Operating Budget of the Department of Human Services. 20 21 4) $12,620.50 is hereby accepted from the Chesapeake Community Services 22 Board and appropriated, with revenue increased accordingly, to the FY 2025- 23 26 Operating Budget of the Department of Human Services. 24 25 5) $12,620.50 is hereby accepted from the Portsmouth Community Services 26 Board and appropriated, with revenue increased accordingly, to the FY 2025- 27 26 Operating Budget of the Department of Human Services. 28 29 6) $12,620.50 is hereby accepted from Colonial Behavioral Health and 30 appropriated, with revenue increased accordingly, to the FY 2025-26 Operating 31 Budget of the Department of Human Services. 32 33 7) $12,620.50 is hereby accepted from Middle Peninsula Northern Neck 34 Behavioral Health and appropriated, with revenue increased accordingly, to the 35 FY 2025-26 Operating Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of May 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services y Attorneys Office CA-17222 R-1 May 5, 2026 33 ITEM— V.K9 ORDINANCESIRESOL UTIONS ITEM#78365 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER up to$1,213,358 in General Fund Vacancy Savings to the FY 2025-26 Sheriff s Office Operating Budget re increased food and medical costs Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr. Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 1 AN ORDINANCE TO TRANSFER UP TO $1,213,358 IN 2 GENERAL FUND VACANCY SAVINGS TO THE SHERIFF'S 3 OFFICE SPECIAL REVENUE FUND TO PAY INCREASED 4 FOOD AND MEDICAL COSTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT- 8 9 Up to $1,213,358 is hereby transferred from vacancy savings in the General Fund 10 to the FY 2025-26 Operating Budget of the Sheriff's Office for increased food and medical 11 costs. The final amount of such transfer shall be memorialized at the end of the fiscal 12 year, and any unused funds shall lapse to the fund balance of the General Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day of- ---M�----- 2026. -- APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services y orney's Office CA17223 R-2 May 5, 2026 34 ITEM— VLI PLANNING ITEM#78366 The following registered to speak.- Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971, Attorney for Applicant, spoke in SUPPORT Wayne Beagle, 212 Mill Stream Way, Williamsburg, Phone: 754-4314, spoke in SUPPORT Tanya Gatling, 118 North Budding, Phone: 630-7687, expressed her concerns for unhealthy trees on the property that should be removed to prevent them from falling on nearby homes Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, Application of LIGHTHOUSE DEVELOPMENT, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re resubdivide six(6) existing parcels to create five(5)single-family lots at 125, 129, 133& 137 Ash Avenue DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 LIGHTHOUSE DEVELOPMENT, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re resubdivide six (6) existing parcels to create five (5) single-family lots at 125, 129, 133 & 137 Ash Avenue (GPINs 1477945415, 1477945516)DISTRICT 4 The following conditions shall be required.• 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Resubdivision of Lots 27, 28, 29, 30, 31, and 15'of Lot 32, Block 13, Map No. 2, G.W. Deal's Land Near .Iacksondale" dated November 14, 2025, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The lots shall only be approved for the construction of single-family dwellings and permitted accessory structures within the R-51)Residential Zoning District. When the lots are developed, they shall substantially conform to the architectural elevations exhibited to City Council and contained within this report. No building shall be constructed with an identical design on any lot directly adjacent to a lot where the same design has been used. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. May 19, 2026 35 ITEM— EL I PLANNING ITEM#78366 (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 19`h day of May Two Thousand Twenty Six. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 R 62 DUTCH ST F251 w - a ^�,5� 4 THALIA STATION CIR m z - —RSD -- - THALIA STATION CIR ® site Lighthouse Development, LLC , (� Zoning 125, 129, 133, & 137 Ash AvenueVt Property Polygons S Feet 0 3T5 75 150 225 300 Map created by Planning Department on 4/15/2026 36 ITEM— V.L.2 PLANNING ITEM#78367 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of DELIGHT 7B VA, LLC / R. DAWSONTAYLOR,LLCfor a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2)existing parcels to create a buildable lot fora 7 Brew coffee shop at 1605 Laskin Road&parcel South of 1605 Laskin Road DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DELIGHT 7B VA,LLC/R.DA WSON TA YL OR,LLCfor a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) existing parcels to create a buildable lot for a 7 Brew coffee shop at 1605 Laskin Road & parcel South of 1605 Laskin Road (GPINs 240798488, 2407984681)DISTRICT 6 The following conditions shall be required.• 1. The lots shall be platted in substantial conformance with the conceptual subdivision plan entitled"Plat of Property Line Vacation Tax Parcels 24079848800000&24079646810000 Properties of R. Dawson Taylor, LLC"dated March 12, 2026, and prepared by Timmons Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. When a site plan is submitted for development on proposed Lot 9C, it shall comply with the recommendations of the Comprehensive Plan for the Hilltop Strategic Growth Area and the Hilltop Strategic Growth Area Master Plan. Plans shall be routed to the Planning Director for review of the site plan prior to final approval. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted.All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(l) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of May Two Thousand Twenty Six. May 19, 2026 37 ITEM— VL.2 PLANNING ITEM#78367 (Continued) Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 B2 ;KIN RD LASKIN RD LASKIN RD gSKIN RD LASKIN RD B2 B2 B2 A18 ® Site Delight 7B VA LLC N CI zoning 1605 Laskin Road & parcel directly w 1: Property Polygons south of 1605 Laskin Road Feet 0 37.5 75 150 225 300 Map created by Planning Department on 4/15/2026 38 ITEM— V L.3 PLANNING ITEM#78368 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of RICHARD R & HELENE D. SCHROEDER for a Street Closure re one-half portion of an unnamed,unimproved fifteen(1 S)foot wide alley adjacent to the rear of 621 Vanderbilt Avenue DISTRICT S BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGI7VL4 RICHARD P. &HELENE D. SCHROEDER for a Street Closure re one-half portion of an unnamed, unimproved fifteen (1 S)foot wide alley adjacent to the rear of 621 Vanderbilt Avenue DISTRICTS 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. Copies of the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be$3,000, which is consistent with similar street closures in this area. 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 the final street closure approval. Said plat shall include the dedication of a 7.5 foot public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verb that no private utilities exist within the Right-of-Way proposed for the 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. 4. 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(2)years of the City Council vote to close the right-of-way this approval shall be considered null and void. 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 19`h day of May Two Thousand Twenty Six. May 19, 2026 39 ITEM— V L.3 PLANNING ITEM#78368 (Continued) Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr. Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 r G 2 v R10 m R10 c �< m N O m yL m x - ® Site Richard R & Helene D. Schroeder p zoning Adjacent to 621 Vanderbilt Avenue w I Property Polygons s Feet 0 10 20 40 60 80 Map created by Planning Department on 4/15/2026 1 ORDINANCE APPROVING APPLICATION OF 2 RICHARD P. SCHROEDER AND HELENE D. 3 SCHROEDER, FOR THE CLOSURE OF ONE- 4 HALF OF AN UNNAMED, UNIMPROVED 15- 5 FOOT-WIDE ALLEY ADJACENT TO THE REAR 6 OF 621 VANDERBILT AVENUE IN CROATAN 7 8 WHEREAS, Richard P. Schroeder and Helene D. Schroeder (the "Applicants"), 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described portion of an unimproved, unnamed Right-of-Way discontinued, closed, and 11 vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before two (2) years from City Council's adoption of this Ordinance. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION 1 21 22 That the hereinafter described portion of unimproved, unnamed Right-of-Way 23 (the "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions 24 being met on or before two (2) years from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA PROPOSED FOR CLOSURE 7.50' X 29 50.00' 375 SQ.FT. OR 0.009 AC.", and shown as the cross- 30 hatched area on that certain street closure exhibit entitled: 31 "STREET CLOSURE EXHIBIT OF LOT 16 BLOCK 18 32 CROATAN BEACH (M.B. 24, P. 37) VIRGINIA BEACH, 33 VIRGINIA FOR RICHARD P. & HELENE D. SCHROEDER", 34 Scale: 1" = 20', dated March 26, 2026, prepared by Hayden 35 Frye and Associates, Inc., a copy of which is attached hereto 36 as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before two (2) years from City 41 Council's adoption of this ordinance: 42 43 No GPIN Assigned (City Right-of-Way) 44 Adjacent GPIN: 2426-38-4617 45 1. The City Attorney's Office shall make the final determination regarding ownership 46 of the underlying fee. The purchase price to be paid to the City shall be determined 47 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 48 Street Closures," approved by City Council. Copies of the policy are available in the 49 Planning Department. It has been determined that the purchase price to be paid to the 50 City shall be $3,000, which is consistent with similar street closures in this area. 51 2. The Applicants shall resubdivide the property and vacate internal lot lines 52 to incorporate the closed area into the adjoining lot. The resubdivision plat must be 53 submitted and approved for recordation prior to the final street closure approval. Said 54 plat shall include the dedication of a 7.5-foot public drainage easement over the closed 55 portion of the alley to the City of Virginia Beach, subject to the approval of the 56 Department of Public Works, and the City Attorney's Office, which easement shall 57 include a right of reasonable ingress and egress. 58 59 3. The Applicants shall verify that no private utilities exist within the Right-of- 60 Way proposed for the closure. If private utilities do exist, easements satisfactory to the 61 utility company, must be provided and shall be recorded after the final resubdivision plat 62 is recorded with the Clerk of Circuit Court. 63 64 4. Closure of the Right-of-Way shall be contingent upon compliance with the 65 above stated conditions within 730 days of approval by City Council. If the conditions 66 noted above are not accomplished and the final plat is not approved for recordation 67 within two years of the City Council vote to close the right-of-way this approval shall be 68 considered null and void. 69 70 SECTION III 71 72 1. If the preceding conditions are not fulfilled on or before May 18, 2028, this 73 Ordinance will be deemed null and void without further action by the City Council. 74 75 2. If all conditions are met on or before May 18, 2028, the date of final 76 closure is the date the street closure ordinance is recorded by the City Attorney. 77 78 3. In the event the City of Virginia Beach has any interest in the underlying 79 fee, the City Manager or his designee is authorized to execute whatever documents, if 80 any, that may be requested to convey such interest, provided said documents are 81 approved by the City Attorney's Office. 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH (as "Grantor") and RICHARD P. SCHROEDER AND HELENE D. 87 SCHROEDER ("Grantee"). 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this 19th day 89 of May . 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '/' , iglh4w Planning Department City Attorney CA17037 May 7, 2026 Exhibit A THIS IS TO CERTIFY THAT ON OCTOBER 15, 2021 1 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THE TfTLE LINES ARE AS SHOWN ON THIS PLAT, THIS EXHIBIT IS FOR STREET CLOSURE PURPOSES ONLY AND DOES NOT CONSTITUTE A SUSDMSION OF LAND. i i LOT 3, BLOCK 18 i LOT 4, BLOCK 18 i LOT 5, BLOCK 18 NOW OR FORMERLY I NOW OR FORMERLY NOW OR FORMERLY ERIC T. JR. & STEPHEN L. & JULIA ELLEN KELLER JANICE L NIELSEN I ASHLEY M. DONNINI I REVOCABLE LIVING TRUST (INSTR. 20180829DO0714720) I (INSTR. 202403043948) I (INSTR. 202103067016) GPIN:2426-38-3651 I GPIN:2426-38-3626 ( GPIN:2426-38-3711 I I i I I I i i 15' ALLEY Pin(S) N12'20°32w 50,00, ph(s) _ (UNIMPROVED) o 0 —--—- u'? (M.B. 24, P. 37) AREA PROPOSED FOR CLOSURE: I 7.50' X 50.00' 375 SO.FT. OR 0.009 AC. i i i a \ 0 0 0 o I u o $ g o LOT 15 AND THE d LOT 16, BLOCK 18 g LOT 17, BLOCK 18 NORTHERN ONE—HALF 00 GPIN: 2426-38-4617 NOW OR FORMERLY OF LOT 14, BLOCK 18 N 5,00D SOFT. -`�' PATRICK STEPHEN AGNEW i NOW OR FORMERLY M OR 0.114 AC. M (INSTR. 202103097132) JEFFREY & MARGUERITE LENGKEEK GPIN:2426-38-4753 (INSTR. 202403035220) N Z I GPIN:2426-38-4664 I I I 350.00' to i Croatan Rd, iv P»(FJ 75.00' Pin(S) S12'20'32'E 50.00, Pin(S) 49.98' Pm(F) N: 3,468,661.28 N: 3,468,710.13 E: 12,223,468.50 E: 12,223,457.82 �RGIN14 SrATE P SYSrfM 1ANE- VANDERBILT(80' R/w) AVENUE S0 ZON,C ORDIN' (FORMERLY PACIFIC AVENUE) (M.B. 24, P. 37) STREET CLOSURE EXHIBIT OF I I-lyden Frye LOT 16 and Associalcs,Inc. BLOCK 18 T_�rnd Surveyors CROATAN BEACH WLl"FI MROAD sorna2on \'IRGINU BI 3CH 0,2"-W2 (M.B. 24, P. 37) P11:('5,)49I-122S IIX:(,7T 49L7229 lmvl:hfnr(iluldrnfn r.cvm VIRGINIA BEACH, VIRGINIA FOR DATE: March 26, 2026 211016Va%he kr-(01)A)md*q Richard P. & Helene D. Schroeder SCALE: 1" = 20' 40 ITEM— V.L.4 PLANNING ITEM#78369 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of CAVALIER ADVISORS,LLC for a Street Closure re one-half portion of an unimproved, unnamed alley adjacent to 4504 Myrtle Avenue DISTRICT 6 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 CAVALIER ADVISORS, LLC for a Street Closure re one-half portion of an unimproved, unnamed alley adjacent to 4504 Myrtle Avenue DISTRICT 6 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 Applicant 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 the final street closure approval. Said plat shall include the dedication of a public drainage and utility easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Departments of Public Works and Public Utilities, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for the 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. 4. 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(2)years of the City Council vote to close the right-of-way this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of May Two Thousand Twenty Six. May 19, 2 02 6 41 ITEM— V.L.4 PLANNING ITEM#78369 (Continued) Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 R7.5 R7.5 A. ST R7.5 46TN ST ASTH Np`LF ST R7:5 ,1 R7.5 �m R7;5 �L a R7 ; m 3t R7.5 45TH ST y R7.5 ® site Cavalier Advisors, LLC & Joseph L. & Kristi A. Sullivan N p zoning Adjacent to 45020& 4504 Myrtle Avenue W*Iz Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 4/15/2026 1 ORDINANCE APPROVING APPLICATION OF 2 CAVALIER ADVISORS, LLC FOR THE 3 CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY 5 ADJACENT TO 4504 MYRTLE AVENUE 6 7 WHEREAS, Cavalier Advisors, LLC, a Virginia limited liability company (the 8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of an unimproved, unnamed Right-of-Way discontinued, 10 closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before two (2) years from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved Right-of-Way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before two (2) years from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED ALLEY CLOSURE 28 (600 SQ. FT. OR 0.014 ACRES)" and shown as the cross- 29 hatched area on that certain street closure exhibit entitled: 30 "STREET CLOSURE EXHIBIT OF AN UNNAMED 15 FT. 31 ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 32 & 60 & THE NORTHERN 62.5 OF LOTS 42 & 43 THE 33 HOLLIES (M.B. 6, P. 107) VIRGINIA BEACH, VIRGINIA, 34 Scale: 1" = 25', dated October 24, 2025, prepared by WPL, a 35 copy of which is attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before two (2) years from City 40 Council's adoption of this ordinance: 41 42 No GPIN Assigned (City Right-of-Way) 43 Adjacent GPIN: 2418-87-8342 44 1. The City Attorney's Office shall make the final determination regarding 45 ownership of the underlying fee. The purchase price to be paid to the City shall be 46 determined according to the "Policy Regarding Purchase of City's Interest in Streets 47 Pursuant to Street Closures," approved by City Council. 48 49 2. The Applicant shall resubdivide the property and vacate internal lot lines to 50 incorporate the closed area into the adjoining lot. The resubdivision plat must be 51 submitted and approved for recordation prior to the final street closure approval. Said 52 plat shall include the dedication of a public drainage and utility easement over the 53 closed portion of the alley to the City of Virginia Beach, subject to the approval of the 54 Departments of Public Works and Public Utilities, and the City Attorney's Office, which 55 easement shall include a right of reasonable ingress and egress. 56 57 3. The Applicant shall verify that no private utilities exist within the right-of- 58 way proposed for the closure. If private utilities do exist, easements satisfactory to the 59 utility company, must be provided and shall be recorded after the final resubdivision plat 60 is recorded with the Clerk of Circuit Court. 61 62 4. Closure of the right-of-way shall be contingent upon compliance with the 63 above stated conditions within 730 days of approval by City Council. If the conditions 64 noted above are not accomplished and the final plat is not approved for recordation 65 within two years of the City Council vote to close the right-of-way this approval shall be 66 considered null and void. 67 68 SECTION III 69 70 1. If the preceding conditions are not fulfilled on or before May 18, 2028, this 71 Ordinance will be deemed null and void without further action by the City Council. 72 73 2. If all conditions are met on or before May 18, 2028, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH (as "Grantor") and CAVALIER ADVISORS. LLC (as "Grantee"). 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this 19th day 87 of May 2026. 88 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 89 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �il�IGt A41v Planning Department City Attorney CA17036 May 7, 2026 EXHIBIT A NOTES: LTH OFy 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED p, RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY G� OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. RIC ARNER ILA. 2904 KRGINM STATE PLANE 10/24/2015 COORDINATE SYSTEM, SOUTH ZONE, NAD 198J (199J HARN) x l)A TLANTIC A VENUE SU PIN � (150' R/W) (M B. 6, PG. 107) 15 FT. ALLEY (UNIMPROVED)(M.B. 6, PG. 107) S 00'23'05' W 140' 62.5' 62.5' SOUTHERN 62.5' ' NOR THERN 62.5' OF THE REMA OF THE REMAINS OF LOT 59 ,� OF LOT 42 2 0 to N/F 3 3 N/F CAVALIER ADVISORS, LLC R JOSEPH L SULLNAN do 3 0 ;n (I.N, 202503031604) ;n KRISTI A. SULLIVAN M GPIN: 2418-87-8342 (D.B. 4625, PG, 1646) !n o� GPIN: 2418-87-8275 �O _SOUTHERN 62.5' OF LOT 60 z NORTHERN 62.5' OF LOT 43 z AREA OF PROPOSED ALLEY , AREA OF PROPOSED ALLEY , CLOSURE (600 50, FT. OR CLOSURE (600 .50. FT. OR V 0.014 ACRES) / 0.014 ACRES) 62.5' 7.5 / 75' 62.5' N 0023 05' E 140, MYRTLE A VE (50' R/W) (M,B, 6, PG, 107) (FORMERL Y 2ND STREET) 0 25 50 75 Ft GRAPHIC SCALE SCALE: 1"=25' STREET CLOSURE EXHIBIT SHEET 1 OF 2 OF 10/24/2025 1 AN UNNAMED 15 FT. ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 THE NORTHERN 62.5' OF LOTS 42 & 43 IandscopeArch;tedure THE HOLLIES Land SurveY�J 757.t)1-1011 CiWExg;neering wpsitecom (M.B. 6, PG. 107) 242 S I N G E R.1 E. 3 U 11 E . VIRGINIA BEACH, VIRGMIA Y tRGINIA IF IR ACN, VGIN IA 13452 CAD/chk: BKM/eag CITY OF VIRGINIA BEACH, VA PLAT: H-691 JN:225-0228 LOT# OWNER(S) -- N/F GPIN REFERENCE(S) NORTHERN 62.5' OF SULLIVAN, JOSEPH L. & 2418-87-8275 M.B. 6, PG. 107 LOTS 42 & SULLIVAN, KRISTI A. D.B. 4625, PG. 1646 43 SOUTHERN 62.5' OF CAVALIER ADVISORS LLC 2418-87-8342 M.B. 6, PG 107 LOTS 59 & IN. 202503031604 60 NORTHERN 62.5' OF O THE CAVALIER ADVISORS LLC 2418-87-8338 M.B. 6, PG. 107 REMAINS OF IN. 202403030348 LOTS 59 & 60 SOUTHERN 92.4' OF THE THETFORD, HARRY T. & 2418-87-8198 M.B. 6, PG. 107 REMAINS OF THETFORD, ANNA LIZA M. IN. 20180507000373580 LOTS 42 & 43 J �LTH OFy f�Gz RIC ARNER►—� Lie. 2904 1012412025 SURy�,,�0 -- _ SCALE: NTS STREET CLOSURE EXHIBIT SHEET 2 OF 2 OF_--_— OCTOBER 24, 2025 -- AN UNNAMED 15 FT. ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 THE NORTHERN 62.5' OF LOTS 42 & 43 ��nM�ro THE HOLLIES i 7 (M.B. 6, PG. 107) ;rw w w w a warm Fear % VIRGINIA BEACH, VIRGINIA CAD/chk: BKM/eag CITY OF VIRGINIA BEACH, VA I I PLAT: H-691 JN:225-0228 42 ITEM— V.L.5 PLANNING ITEM#783 70 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED,BYCONSENT,Application ofJOSEPHL.&KRISTIA.SULLIVAN for a Street Closure re one-half portion of an unimproved, unnamed alley adjacent to 4502 Myrtle Avenue DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI7VL4 JOSEPH L. & KRISTI A. SULLIVAN for a Street Closure re one- half portion of an unimproved, unnamed alley adjacent to 4502 Myrtle Avenue DISTRICT 6 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 the final street closure approval. Said plat shall include the dedication of a public drainage and utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Departments of Public Works and Public Utilities, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verb that no private utilities exist within the right-of-way proposed for the 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. 4. 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(2)years of the City Council vote to close the right-of-way this approval shall be considered null and void. 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 19'h day of May Two Thousand Twenty Six. May 19, 2026 43 ITEM— VL.5 PLANNING ITEM#783 70 (Continued) Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 5 R7.5 1 � t 5 5 r �4 A6TN ST � N y�•« 5 R7.5 3 m R mIry r.M G to R7.5 w 45TH ST y m R7.5 ® site Cavalier Advisors, LLC & Joseph L. & Kristi A. Sullivan Q Zoning Adjacent to 45020& 4504 Myrtle Avenue "` E: Property Polygons s Feet 0 25 50 100 150 200 Map created by Planning Department on 4/15/2026 1 ORDINANCE APPROVING APPLICATION OF 2 JOSEPH L. SULLIVAN AND KRISTI A. 3 SULLIVAN FOR THE CLOSURE OF ONE- 4 HALF OF AN UNIMPROVED, UNNAMED 5 ALLEY ADJACENT TO 4502 MYRTLE 6 AVENUE 7 8 WHEREAS, Joseph L. Sullivan and Kristi A. Sullivan (the "Applicants") applied to 9 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 portion of an unimproved, unnamed Right-of-Way discontinued, closed, and vacated; 11 and 12 13 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before two (2) years from City Council's adoption of this Ordinance. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION 1 21 22 That the hereinafter described portion of unimproved Right-of-Way (the "Right-of- 23 Way") be discontinued, closed and vacated, subject to certain conditions being met on 24 or before two (2) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED ALLEY CLOSURE 29 (600 SQ. FT. OR 0.014 ACRES)" and shown as the hatched 30 area on that certain street closure exhibit entitled: "STREET 31 CLOSURE EXHIBIT OF AN UNNAMED 15 FT. ALLEY 32 ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 & 33 THE NORTHERN 62.5' OF LOTS 42 & 43 THE HOLLIES 34 (M.B. 6, P. 107) VIRGINIA BEACH, VIRGINIA, Scale: 1" _ 35 25', dated October 24, 2025, prepared by WPL, a copy of 36 which is attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before two (2) years from City 41 Council's adoption of this ordinance: 42 43 No GPIN Assigned (City Right-of-Way) 44 Adjacent GPIN: 2418-87-8275 45 1. The City Attorney's Office shall make the final determination regarding 46 ownership of the underlying fee. The purchase price to be paid to the City shall be 47 determined according to the "Policy Regarding Purchase of City's Interest in Streets 48 Pursuant to Street Closures," approved by City Council. 49 50 2. The Applicants shall resubdivide the property and vacate internal lot lines 51 to incorporate the closed area into the adjoining lots. The resubdivision plat must be 52 submitted and approved for recordation prior to the final street closure approval. Said 53 plat shall include the dedication of a public drainage and utility easement over the 54 closed portion of the alley to the City of Virginia Beach, subject to the approval of the 55 Departments of Public Works and Public Utilities, and the City Attorney's Office, which 56 easement shall include a right of reasonable ingress and egress. 57 58 3. The Applicants shall verify that no private utilities exist within the right-of- 59 way proposed for the closure. If private utilities do exist, easements satisfactory to the 60 utility company, must be provided and shall be recorded after the final resubdivision plat 61 is recorded with the Clerk of Circuit Court. 62 63 4. Closure of the right-of-way shall be contingent upon compliance with the 64 above stated conditions within 730 days of approval by City Council. If the conditions 65 noted above are not accomplished and the final plat is not approved for recordation 66 within two years of the City Council vote to close the right-of-way this approval shall be 67 considered null and void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before May 18, 2028, this 72 Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before May 18, 2028, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the underlying 78 fee, the City Manager or his designee is authorized to execute whatever documents, if 79 any, that may be requested to convey such interest, provided said documents are 80 approved by the City Attorney's Office. 81 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH (as "Grantor") and JOSEPH L. SULLIVAN and KRISTI A. SULLIVAN 87 (as "Grantee"). 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this 19th day 89 of May . 2026. 90 91 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 92 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA17042 May 7, 2026 EXHIBIT A NOTES: 13H p 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED �'L RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE f� ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY 0 OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. RIC ARNER Lic. 2904 KRGINIA STATE PLANE 10/24/1025 COORDINATE SYSTEM, SOUTH ZONE, NAD 1983 (1993 HARN) z N� A TLANTIC A VENUE S UR (150' R/W) (MB. 6, PG. 107) 15 FT. ALLEY (UNIMPROVED)(M.B. 6, PG. 107) S 00 23'05' W 140' 62.5' 62.5' SOUTHERN 62.5' ` NORTHERN 62.5' OF THE REMAINS OF THE REMAINS OF LOT 59 ,, OF LOT 42 m Ly3 N/F 3 3 N/F h CAVALIER ADVISORS, LLC " JOSEPH L SULLNAN do 3 ❑1 ;o (I.N. 202503031604) KRISTI A. SULLVAN C GPIN: 2418-87-8342 ,M (D.B, 4625, PG. 1646) ,L�4 SOUTHERN 62.5' GPIN: 2418-87-8275 OF L D T 60 z z NORTHERN 62.5' z OF LOT 43 ®AREA OF PROPOSED ALLEY AREA OF PROPOSED ALLEY CLOSURE (600 SO, fT OR CLOSURE (600 50. FT, OR 0,014 ACRES) / 0.014 ACRES) 62,5' 7,5' / 75' 62.5' N 0023'05" E 140' MYRTLE A VE (50' R/W) (M B. 6, PG. 107) (FORMERLY 2ND STREET) 0 25 50 75 Ft GRAPHIC SCALE SCALE: 1"=25' STREET CLOSURE EXHIBIT SHEET 1 OF 2 OF 10/24/2025 AN UNNAMED 15 FT. ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 Ila THE NORTHERN 62.5' OF LOTS 42 & 43 Iondscope Architecture THE HOLLIES LorxlSmeying 757431-1041 00Encrneering wpkile.com (M.B. 6, PG. 107) z MUSTANG S 1 A N G TRAIT.. :SUITE f"I + VIRGINIA BEACH, VIRGINIA ' fGI NIA if AC N, VIt G1NrA ]7s'.. CAD/chk- BKIA/eag i CITY OF VIRGWIA BEACH, VA I I PLAT: H-691ITN:225-0228 LOT# OWNER(S) — N/F GPIN REFERENCE(S) NORTHERN 62.5' OF SULLIVAN, JOSEPH L. & 2418-87-8275 M.B. 6, PG. 107 LOTS 42 & SULLIVAN, KRISTI A. D.B. 4625, PG. 1646 43 SOUTHERN 62.5' OF CAVALIER ADVISORS LLC 2418-87-8342 M.B. 6, PG 107 LOTS 59 & IN. 202503031604 60 NORTHERN 62.5' OF THE CAVALIER ADVISORS LLC 2418-87-8338 M.B. 6, PG. 107 REMAINS OF IN. 202403030348 LOTS 59 & 60 SOUTHERN 92.4' OF ❑2 THE THETFORD, HARRY T. & 241 8-87-8198 M.B. 6, PG. 107 REMAINS OF THETFORD, ANNA LIZA M. IN. 20180507000373580 LOTS 42 & 43 �.LTH op RIC ARNER►- Lic. 2904 SURy�o SCALE; NTS STREET CLOSURE EXHIBIT SHEET 2 OF 2 OF OCTOBER 24, 2025 AN UNNAMED 15 FT. ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 THE NORTHERN 62.5' OF LOTS 42 & 43 THE HOLUES (M.B. 6, PG. 107) ,u°s;w WL w 8"m ea'�nt' A U441 YIRGINIA BEACH, VIRGINIA CAD/chk: BKM/eag cFy— OF VIRGmu BEACH, VA I I PLAT: 11-691 JN:225-0228 44 ITEM— V L.6 PLANNING ITEM#783 71 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of STEVE BARNES/STEVE R. & CYNTHL4 W. BARNES for a Modification of Conditions to a Conditional Use Permit re food truck and picnic tables at I100 Sandbridge Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 STEVE BARNES /STEVE R. & CYNTHL4 W. BARNES for a Modi ication of Conditions to a Conditional Use Permit re food truck and picnic tables at 1100 Sandbridge Road (GPIN 2423254722) DISTRICT 2 The following conditions shall be required.• 1. All conditions attached to the Conditional Use Permit approval of January 20, 2015, shall be voided and replaced with the following conditions below. 2. The site shall be developed in substantial conformance to the exhibit entitled "Steve Barnes Food Truck,"dated March 19, 2026, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 3. The farm stand and food truck shall not be open for business except between the hours of 7:00 a.m. and 8:00 p.in. 4. There shall be no less than one (1) trash receptacle per one thousand(1,000)feet of the sales area.All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 5. The operator shall maintain a current Virginia Beach Fire Department Fire Prevention Bureau Inspection Sticker and Permit. 6. There shall be no amplified music associated with the food truck. 7. The site shall be limited to one (1)food truck. 8. The food truck shall not remain on-site for more than 180 consecutive days. 9. The food truck shall be fully licensed and ready for highway use. 10. All requirements of the Virginia Beach Fire Prevention Bureau Special Events Guidebook shall be followed and maintained. May 19, 2026 45 ITEM— V.L.6 PLANNING ITEM#783 71 (Continueio 11. City Ordinances and Standards remain applicable to this,property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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 19'h day of May Two Thousand Twenty Six. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 �r? Y AG2 SANDBRIDGE t� rn O, m � o`m F Site Steve Barnes N Zoning 1100 Sandbridge Road W - r Property Polygons s Feet 0 62.5 125 250 375 500 Map created by Planning Department on 4/15/2026 46 ITEM- V.L.7 PLANNING ITEM#783 72 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of COMMONWEALTH BREWING COMPANY,LLC for a Modification of Conditions to a Conditional Use Permit re allow for an additional 180-day extension to obtain all permits and commence construction at 2440&2444 Pleasure House Road DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 COMMONWEALTH BREWING COMPANY, LLC for a Modification of Conditions to a Conditional Use Permit re allow for an additional 180-day extension to obtain all permits and commence construction at 2440 & 2444 Pleasure House Road (GPINs 1570501631,1570502725)DISTRICT 9 The following conditions shall be required: L All conditions attached to the existing Modification of Conditions approved by the Virginia Beach City Council on February 4, 2025, shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company- Conceptual Site Plan"dated August 27, 2023, by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to consolidate the lots. The plat must be submitted and approved for recordation by the Department of Planning & Community Development. 4. The applicant shall resubmit a site plan to the Department of Planning & Community Development, Development Services Center, within 90 days of City Council approval of this request and shall obtain all required permits and commence construction within ease (1)year 180 days of City Council approval. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. May 19, 2026 47 ITEM— VL.7 PLANNING ITEM#783 72 (Continued) 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area E"on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5)years from the date of City Council approval of this request. Upon expiration of the five year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area E" in accordance with City Code requirements. 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval.All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning & Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Pleasure House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted, which may permit live entertainment/amplified sound outdoors after 10:00 AMand no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10. Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 11. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. May 19, 2026 48 ITEM— V.L.7 PLANNING ITEM#783 72 (Continued) 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 19`h day of May Two Thousand Twenty Six. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr. Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 c R5R(SD) LAKE R5RSD� ( ) � �RONETgV HB2(SD)S F p p -�./R5R(SD) m m R5R(S , —-7 z z/ R5R(SD) o 0 MAcHF (PDH2)' Q Q � AVE N Q ~ ~ C W Ix m A oB2 z z zZI oR v z M = a ACH ."°1... E W NAVE j Q � _ Q' ~ W � Al2(SD) 4 B2 z e,tqcHco V R5R(SD B2(SD) SD) P`E �ocF< N R5R(SD) z Al2(SD) was J Al2(SD) (PDH2) T4tP a� ® site Commonwealth Brewing Company, LLC N Q zoning 2440 & 2444 Pleasure House Road W 0 Property Polygons s Feet 0 37.5 75 150 225 300 Map created by Planning Department on 4/15/2026 49 ITEM— VL.8 PLANNING ITEM#783 73 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of MONIESSORI SCHOOL HOUSE, LLC/HONGQUANSHENG& CHUNFANG LI for a Conditional Use Permit re family day-care home at 249 Brickhaven Drive DISTRICT 1 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 MONTESSORI SCHOOL HOUSE,LLC/HONGQUANSHENG& CHUNFANG LI for a Conditional Use Permit re family day-care home at 249 Brickhaven Drive (GPIN 1467710130)DISTRICT I The following conditions shall be required.• 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. Any parking for the Family Day-Care Home shall utilize the on-site parking spaces or available public parking. 3. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 4. The Family Day-Care Home shall be limited to a total of Pw TeiQht 8 children, not including any children residing in the home. S. The final number of children permitted in the Family Day-Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines, but not to exceed the number granted under Condition 4 of this Conditional Use Permit. 6. No more than one(1)additional employee/volunteer, who does not reside in the home,shall assist with the operation of the Family Day-Care home at any one time. 7. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 8. The applicant shall maintain a license with the Commonwealth of Virginia for child care. 9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at least four feet in height. Any new fencing enclosing the play area shall be constructed of non- climbable, maintenance free material, such as vinyl plank or composite, and shall be maintained for so long as this Conditional Use Permit is active. May 19, 2026 50 ITEM— V.L.8 PLANNING ITEM#783 73 (Continued) 10. A new fence shall be installed along the entire south edge of the proposed outdoor play area to separate the play area from the pool. The new fencing shall be a minimum of four feet in height and constructed of non-climbable, maintenance-free material, such as vinyl plank or composite, and shall be maintained for so long as this Conditional Use Permit is active. 11. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official Office for use of the house as a Family Day-Care Home. 12. City Ordinances and Standards remain applicable to this property.Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted.All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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 19`"day of May Two Thousand Twenty Six. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr. Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 R10 D Rio a° R 10 i > Z R10 ° v i R1'0 PAVERS Ito P r10 GT 04 _.�. R 10 o ` 1 1 i Site Montessori School House LLC Zoning 249 Brickhaven Drive i Ci Property Polygons `� Feet 0 37.5 75 150 225 300 Map created by Planning Department on 4/15/2026 51 ITEM— V.L.9 PLANNING ITEM#783 74 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of COLIN NANNERY/LOWER 40 LLC for a Conditional Use Permit re bicycle and moped rental establishments at 3713 Sandpiper Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGJ7VL4 BEACH, VIRGINL4 COLINNANNERY/LOWER 40 LLCfor a Conditional Use Permit re bicycle and moped rental establishments at 3713 Sandpiper Road (GPIN 2432636140)DISTRICT 2 The following conditions shall be required.• 1. The cargo trailer shall be placed only in the location depicted on the site layout entitled "Site Plan Layout for Colin Nannery—3713 Sandbridge Road, dated March 23, 2026, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The sale or rental of electric bicycles shall not occur on-site.All rentals shall be conducted through an online reservation system, with bicycles delivered directly to customers off-site. 3. The hours of operation shall be from 8:00 a.m. to 4:00 p.m.,Monday through Sunday,from May through September. 4. The business shall maintain a maximum inventory of twenty-five(25)e-bikes and be limited to Class 1 and Class 2 models only. 5. The cargo trailer shall not remain on-site for more than 180 consecutive days. 6. The cargo trailer shall be fully licensed and ready for highway use. 7. The cargo trailer shall meet all requirements for new construction, including elevation and anchoring requirements as detailed in the Floodplain Ordinance. 8. No parking of any electronic bikes shall be permitted within the right-of-way. 9. No outdoor display of electronic bikes shall be permitted. 10. There shall be no storage of e-bikes, tires, equipment,parts or debris of any kind outside of the cargo trailer. 11. No outside paging or amplified music system shall be permitted. May 19, 2026 52 ITEM— V.L.9 PLANNING ITEM#783 74 (Continued) 12. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted.A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. 13. The proposed scenery wrap on the cargo trailer shall be subject to review and approval by the Director of the Department of Planning and Community Development prior to issuance of any permits. 14. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 15. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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 19`"day of May Two Thousand Twenty Six. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. `Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 _.. � Ln 7 Z20 AG2 _ o GP"N Nq '' ='o ..» ....... .«. ..t. .. P. .. ,\It.,.... ..at... Liitie 1siand Park, ® Site Colin Nannery Q Zoning 3713 Sandpiper Road W t Property Polygons Feet 0 150 300 600 900 1,200 Map created by Planning Department on 4/15/2026 53 ITEM— EL IO PLANNING ITEM#783 75 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application ofREGANKNUTSONfor a Conditional Use Permit for a home-based wildlife rehabilitation facility at 3421 Alcott Road DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA REGANKNUTSONfor a Conditional Use Permitfor a home-based wildlife rehabilitation facility at 3421 Alcott Road (GPIN 1487752810)DISTRICT 8 The following conditions shall be required: 1. This Conditional Use Permit only permits rehabilitation of juvenile turtles & small mammals, weighing a maximum of ten (10) lbs. 2. All wildlife shall be transported to the parent organization or other similar care facility for release. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO)pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 3 small mammals and no more than forty-seven(47)juvenile turtles shall be housed at this property at any given time. 6. Animals can be dropped off by the general public at this site only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Sunday. Retrieval will be allowed 2417. 7. Animal waste shall be removed daily and disposed of in a lawful manner. 8. All animals shall be properly and humanely contained within cages within a designated room in the house.Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. May 19, 2026 54 ITEM— V L.9 PLANNING ITEM#783 74 (Continued) 9. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of May Two Thousand Twenty Six. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 R7.5 _ R7.5 ro � m 70 ALCOTT RD ..��,,��,� •�fin=. - . ® site Regan Knutson Zoning 3421 Alcott Road W4, V Property Polygons s Feet 0 15 30 60 90 120 Map created by Planning Department on 4/15/2026 JJ ITEM— V L.11 PLANNING ITEM#783 76 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of PEMBROKE SQUARE ASSOCL4TES,LLCfor a Special Exception for Alternative Compliance re deviate from the build-to-zone requirement of the Central Business Core (CBC) District Form-Based for development of a 284-unit mixed-use building within the interior portion of the Pembroke Mall redevelopment area at 4554 Virginia Beach Boulevard DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI7VL4 BEACH, VIRGINL4 PEMBROKE SQUAREASSOCiATES,LLCfor a Special Exception for Alternative Compliance re deviate from the build-to-zone requirement of the Central Business Core (CBC) District Form- Based for development of a 284-unit mixed-use building within the interior portion of the Pembroke Mall redevelopment area at 4554 Virginia Beach Boulevard(GPIN 1477554898)DISTRICT 9 The following conditions shall be required.• 1. The site shall be developed in substantial conformance with the conceptual site plan titled "CBC District Alternative Compliance Exhibit,"dated March 19, 2026, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 2. The mixed-use building shall be developed in substantial conformance with the elevations, renderings, and floor plans titled "The Pembroke,"dated March 19, 2026, and prepared by Cox Kliewer & Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 3. All mechanical equipment shall be indoors or screened from view if located on the building's rooftop. 4. The site shall provide, at a minimum, a total of fifteen (15) bicycle parking spaces that can be accessed by patrons of the commercial tenants. 5. All private sidewalks shall maintain a minimum width of five (5)feet, as stated in the Virginia Beach Public Works Design Standards Manual. 6. All signage shall be in substantial conformance with the CBC Design Guidelines. Applicable sign permitting shall be received from the Department of Planning and Community Development prior to the installation of any sign. May 19, 2026 56 ITEM— V.L.10 PLANNING ITEM#783 75 (Continued) 7. The openings on the north faVade of the parking garage shall be designed and installed so that headlights from parked vehicles within the garage are shielded from view. 8. In the event the existing adjacent Kohl's anchor building is demolished, if the eastern ground floor fagade faces any private and/or public [begin strikethrough] sidewalks e� [end strikethrough]streets, it shall comply with the form-based requirements of the CBC District in place at the time of this City Council approval. The fagade shall be brought into compliance no later than 3 years after demolition is completed. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19'"day of May Two Thousand Twenty Six. Voting: 9- 0 Council Members Voting Aye: Michael E Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua E "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 rR .5 a m O s CROWN z R7.5 B3 PiOINT_LN W rn O JOUz R7.5— o �'� „, CORPORATION LN I I' I z NE SS �M_ JEAN _B3 a pp B 3 02 J J B3 2N,, W CBC - - u J �► Z •� w u zzUj " 'P dJw W mIj1 BROAD ST V a- r m m,. z B3 _... z W a Treasur r W CO Pembrok Z C B CO _CBC CBC � CBC rincess Anne High Cl)i Shcooi z O c ai VIRGINIA BEACH BLVD W o H .J W ViKULNI t�ALH k3LVU y W Z .a��va�ue� v��• J , Y. 'ga a z _�. w o°. a t' a Z o CBC l w CBC CBC ►- W COLUI BUS CBC B3 __ r,.�Rr.. u BANK S7 CTR; Site Pembroke Square Associates, LLC N Zoning 4554 Virginia Beach Boulevard i Property Polygons Feet 0 120 240 480 720 960 Mao created by Plannina Department on 4/15/2026 57 ITEM— VL.12 PLANNING ITEM#783 77 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of JASON SCOTT TROMBLY for a Conditional Use Permit re short term rental at 213 16'*Street DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JASON SCOTT TROMBLY for a Conditional Use Permit re short term rental at 2131 e Street(GPIN 24271678310213)DISTRICT 5 The following conditions shall be required.• 1. The following conditions shall only apply to the dwelling unit addressed as 21316th Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(ZoningAdministration)before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two(2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. May 19, 2026 58 ITEM— V L.12 PLANNING ITEM#783 77 (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least P-Million ($1,000,000). 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the ZoningAdministrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 Tres on the beach), 12-43.2 (reworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. May 19, 2026 59 ITEM— Y.L.12 PLANNING ITEM#783 77 (Continued) 15. The Short Term Rental shall have no more than one(1)rental contract for every seven(7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five(5)years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. May 19, 2026 60 ITEM— V.L.12 PLANNING ITEM#78377 (Continued) 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks,porches, and balconies with a finished height more than thirty(30) inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of May Two Thousand Twenty Six. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 OR(STR-OR) 1T�µ gT ,p,G1NAP'SEA CN v 6L m OR(STR-OR) �� OR(STR-OR) ` � G v r OR(STR-OR) m OR 't 1gCN S'T OR(STR-OR) OR(STR-OR) Site Jason Scott Trombly p zoning 213 16th Street Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 4/15/2026 61 ITEM— VL.13 PLANNING ITEM#783 78 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of MID-ATLANTIC PROPERTY HOLDINGS, LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Suite 101 DISTRICT 6 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MID ATLANTIC PROPERTYHOLDINGS,LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Suite 101 (GPIN 24280514483 750)DISTRICT 6 The following conditions shall be required.• 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 101,and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. May 19, 2026 62 ITEM— V.L.13 PLANNING ITEM#783 78 (Continued) 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to note the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1-Million ($1,000,000). 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. May 19, 2026 63 ITEM— Y.L.13 PLANNING ITEM#783 78 (Continued) 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permittingprocess.Such inspection shall include:1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. May 19, 2026 64 ITEM— V.L.13 PLANNING ITEM#783 78 (Continued) a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five(5)years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks,porches, and balconies with a finished height more than thirty(30) inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five(5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of May Two Thousand Twenty Six. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 OR(STR-OR) �2 n �G t� OR OR(STR-OR) OR(STR-OR) ® site Mid-Atlantic Property Holding, LLC p zoning 4005 Atlantic Avenue, Suite 101 Property Polygons s Feet 0 15 30 60 90 120 Map created by Planning Department on 4/15/2026 65 ITEM— VL.14 PLANNING ITEM#783 79 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of THOMAS GLEN DAVIS AND NANCYRODIO DAVIS I THOMAS GLENDAVIS for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Suite 205 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 THOMAS GLENDAVISAND NANCYRODIO DAVISI THOMAS GLEN DAVIS for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Suite 205 (GPIN 24280514483970)DISTRICT 6 The following conditions shall be required: L The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 205,and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. May 19, 2026 66 ITEM— V L.14 PLANNING ITEM#783 79 (Continueio 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least $1-Million ($1,000,000) 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. May 19, 2026 67 ITEM— V L.14 PLANNING ITEM#783 79 (Continued) 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least P-Million ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. May 19, 2026 68 ITEM— V.L.14 PLANNING ITEM#783 79 (Continued) a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five(5)years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks,porches, and balconies with a finished height more than thirty(30) inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period offive(5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19'h day of May Two Thousand Twenty Six. Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 OR(STR-OR) "V �G OR OR(STR-OR) OR(STR-OR) ® site Thomas Glen Davis and Nancy Rodio Davis CI Zoning 4005 Atlantic Avenue, Suite 205 � ' Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 4/15/2026 69 ITEM— V L.15 PLANNING ITEM#78380 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Section 1001 re crematories in the Industrial District Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 1 AN ORDINANCE TO AMEND SECTION 1001 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CREMATORIES IN THE 4 INDUSTRIAL DISTRICT 5 6 Section Amended: § 1001 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1001 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 1001. Use regulations. 18 19 (a) Principal and conditional uses. The following chart lists those uses permitted within 20 the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective 21 industrial districts shall be permitted as either principal uses indicated by a "P" or as 22 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall 23 be prohibited in the respective districts. No uses or structures other than as 24 specified shall be permitted. 25 Use 1-1 1-2 Car wash facilities, subject to the provisions of section 228.1 C X Cemete columbarium crematory and mausoleums C C Collection depots for recyclable materials C X Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 th day of May , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department City Attorney's Olfice CA17010 R-2 May 15, 2026 70 ITEM— V.M APPOINTMENTS ITEM#78381 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE DEFERRED COMPENSATIONBOARD FLOOD PREVENTIONBOND REFERENDUM OVERSIGHT BOARD GREENRIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARYBOARD RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE BOARD TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINL4 BEA CH TO WING AD VISOR Y B OA RD May 19, 2026 71 ITEM— VM APPOINTMENTS ITEM#78382 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: MELISSA YAE LIN CHANG Student Member One year term 71112026—613012027 ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 72 ITEM— VM APPOINTMENTS ITEM#78383 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: CORTNEYDOUCETTE ALICL4 PEOPLES Four year term 71112026—613012030 ARTS AND HUMANITIES COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. `Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 73 ITEM— V.M APPOINTMENTS ITEM#78384 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: PHILLIP DAVENPORT Three year term 71112026—613012029 CHASE MCCONNELL BAILEY QUARG NEEL SINGH Student Members One year term 71112026—613012027 BAYFRONT ADVISORY COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 74 ITEM— V M APPOINTMENTS ITEM#78385 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: CONKER SMITH Student Member One year term 71112026—613012027 BEACHES AND WATERWAYS ADVISORY COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 75 ITEM— i!M APPOINTMENTS ITEM#78386 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: ANNA ORCHARD HAYS Student Member One year term 71112026—613012027 CLEAN COMMUNITY COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 76 ITEM— V.M APPOINTMENTS ITEM#78387 Upon NOMINATION by Council Member Henley, City Council APPOINTED: VANCE COOPER Citizen Member Unexpired thru 813112026 Plus three year term 91112026—813112029 COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael E Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent.- Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 77 ITEM— i!M APPOINTMENTS ITEM#78388 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: PAHAN T. JAYARATHNA Student Member One year term 71112026—613012027 FLOOD PREVENTIONBOND REFERENDUM OVERSIGHT BOARD Voting: 9- 0 Council Members Voting Aye: Michael E Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 78 ITEM— VM APPOINTMENTS ITEM#78389 Upon NOMINATION by Council Member Henley, City Council APPOINTED: THIERRYDUPUIS Non-Voting Member Representing Retired Law Enforcement Officer INDEPENDENT CITIZEN REVIEW BOARD Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson *In accordance with the City of Virginia Beach Independent Citizen Review Board Policy and Procedures, this appointment is conditioned on appointee's completion of required training, at which time the appointee's term will begin May 19, 2026 79 ITEM— i!M APPOINTMENTS ITEM 478390 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: JEREMYMALONEY Architect NANCYPARKER Old Beach District Resident Three year term 71112026—613012029 OLD BEA CH DESIGN RE VIE W COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 80 ITEM— VM APPOINTMENTS ITEM#78391 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: ERICLIN Student Member One year term 71112026—613012027 OPEN SPACE ADVISORY COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 81 ITEM— V.M APPOINTMENTS ITEM#78392 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: ALEXANDER AMERINE Student Member One year term 71112026—613012027 PARKS AND RECREATION COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 82 ITEM— V.M APPOINTMENTS ITEM#78393 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: BRUCE JOHNSON CLENISE PLATT DONNA TURNER SARAH WELCH Three year term 71112026—613012029 PROCESS IMPROVEMENT STEERING COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 83 ITEM— V M APPOINTMENTS ITEM#783 94 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: KAI O'NEAL Student Member One year term 71112026—613 01202 7 PUBLIC LIBRARY BOARD Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 84 ITEM— V.M APPOINTMENTS ITEM#78395 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: WHITNEYKING JOANNMANCVSO JOHNMOXEN Four year term 71112 02 6—613 012 03 0 SOCIAL SER VICES AD VISOR Y BOARD Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 85 ITEM— VM APPOINTMENTS ITEM#78396 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: ALFRED STEWART (City Representative) Four year term 71112 02 6—613 012 03 0 TIDEWATER YOUTH SERVICES COMMISSION Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: Dr.Amelia N. Ross-Hammond Rosemary Wilson May 19, 2026 86 ADJOURNMENT ITEM#78397 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 6:42 P.M. 7 errs . e ius Chief Deputy City Clerk Wanda harnfes, M C Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia May 19, 2026