HomeMy WebLinkAboutJUNE 16, 2026 INFORMAL AND FORMAL SESSION MINUTES m
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
JUNE 16, 2026
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, June 16, 2026, at 2:19 P.M.
Council Members Present:
Mayor Robert M. Dyer, Barbara M. Henley, Cal "Cash"Jackson-Green, Robert
W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi- Vacation
Stacy Cummings
David Hutcheson—Arrived at 2:26 P.M.
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U City of Virginia Seacl-i
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virginiabeach.gov
MICHAEL F.BERLUCCHI CELL:(757)407-5105
COUNCIL MEMBER EMAIL:mberlucc0vbgov.com
DISTRICT 3
June 12,2026
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Dear Colleagues,
I will be out of town on a family vacation and will not be able to attend the City Council meeting
scheduled for Tuesday, June 23, 2026.
Sincerely,
�* &'6/ r/
Michael F. Berlucchi
Council Member
Cc: City Clerk
City Attorney
City Manager
FOIA Officer
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
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a City of Virginia Beach
or 0U
virgin iabeach.gov
STACY CUMMINGS CELL:(757)629-8691
COUNCIL MEMBER EMAIL:stcummin s a vb
DISTRICT8 _ Y.cpm
Virginia Beach Mayor and City Council,
I will not be able to attend the June 16, 2026 City Council session.
Sincerely,
-4��
Stacy Cummings
District 8 Coucilman
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
2
CITY COUNCILS BRIEFINGS
VIRGINL4 BEACH NATIONAL GOLF COURSE UPDATE
ITEM#78433
2:20 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.
June 16, 2026
Request for Proposals
Virginia Beach
National Golf Club
Emily Archer, Economic Development Acting Director
City Council, June 16, 2026
A nmro�:a
IN
Purpose
• Overview and background of
Virginia Beach National Golf
(VBNG)
9.
• Review RFP process to date
• Examine the selected proposal
for VBNG
• Review the purchase terms
negotiated The City leases the Golf Course to VBDA, which has a
management agreement with Virginia Beach Golf Club, LLC for
• Seek City Council direction on operations. The operator's term expires in December 2026.
next steps
rq
u
2500 Tournament Dr
' f
fx
• Area: 350 Acres '' �
r
• Uses: An 18-hole,
7,432-yard course
designed b
g Y Pete Dye for both
deli
tournament and public play & the
YMCA's First Tee 9-hole youth golf �`-
campus and driving range
%' rrf ,
• Zoned: AG1/ ITA Overlay (308 acres), &
It
Courthouse District Overlay (13 acres) ,�' . ty
• City Council District: 2 �
• Assessed value: 13 614 acre 4.8 Mil
• Market value estimate: $18,500/acre
id
VBNG Overview
• The City of Virginia Beach leased the property to the Virginia Beach Development Authority
(VBDA) in 1997 for the development of a Tournament Players Club (TPC) Golf Course.
• The City of Virginia Beach purchased the course for $4,584,318 in December 2006 from TPC.
• The VBDA and Virginia Beach Golf Club, LLC, entered into a management agreement in
2007, which expires December 2026.
• An Audit was completed on VBNG in October 2023 and detailed numerous items in
disrepair. Including:
• Stormwater facilities inspections that were given "serious" and "degraded" grades
• Clubhouse with rotting eaves and fascia board along the roofline
• Mold in the restaurant and rotted baseboards
• Deteriorating ceiling caused by leaks
• Non-functioning HVAC unit in the kitchen
• In Spring 2024, VBDA conducted condition assessments, $7.7 Mil in Capital repairs were
identified. VBDA appropriated $1.8 Mil of Innovation Park Land Sale proceeds to address
Capital Maintenance needs.
Golf Course Background
2005 Aerial 2025 Aerial
%5 R&I
1 <'
VBNG Financial Summary
Capital Net Balance
Operation Profit Sharlin TotalTaxes
Maintenance (VBDA Capital Total� i
• . -
- 2025 Payments P17ayments Remitted to
Payments Maintenance Payments and
(to the City) (to the City) City*
• VBDA) -Annual
$115,457 $116,156 $24,699 $(3,652) $83,953 $217,168
TotalAverage
$2,193,680 $2,206,958 $444,585 $(69,384) $1,595,103 $4,126,094
2025
*Total taxes remitted include admissions, personal property, BPOL, sales, and food & beverage
Per the current operations agreement, the Virginia Beach Golf Club, LLC pays:
• Profit Sharing of 25% of net income over $100,000 — To the City
• Capital Improvement Payment of 5% of gross revenues — To VBDA
• Operations Payment of 5% of gross revenues — To the City
• Virginia Beach Golf Club, LLC is responsible for all maintenance under $5,000 and VBDA is
responsible for capital maintenance over $5,000.
• VBDA's portion of capital maintenance receipts is not adequate for the current level of
maintenance needed.
RFP Process
• September 2025 - Following mounting capital expenditures and
unsolicited interest from multiple parties, City Council authorized an RFP
• October 2025 - RFP widely advertised for 45 days seeking proposals to
acquire and maintain a publicly accessible 18-hole course
• November 2025 - Nine (9) responses received, 4 with a housing
component, and 5 for new golf course operations
• December 2025 to January 2026 — Four (4) shortlisted respondents
identified after a Review Committee convened and Council closed
briefings, 2 with a housing component and 2 for new golf course
operations
• January to February 2026 - Interviews conducted
• February 2026 — City Council authorized negotiation of a term sheet with
the top-ranking respondent
7
Dragas Companies Disclosures Pk INCESS
ANNE
r.
LU
CenturyzDR-kT,,,
TIMOTHY LI[ ' +
ASSOCIATES
COMPANIES
Nationwide golf course owner and operator Nationally acclaimed, local homebuilder with a International golf course architect who
with an extensive portfolio of premier courses 58-year track record of building beautiful, worked hand-in-hand with Pete Dye for nearly
including Wait Disney World Golf,and rights amenitized communities of enduring quality, three decades,Timothy Liddy brings world-
to the Arnold Palmer Golf Management value,and award-winning aesthetics in Virginia class expertise and design acumen to Virginia
brand. Beach and Hampton Roads. Beach.
62 PROTtGt
R4 A G D NC DIURSES N COM NT1 S CONSTRUCTED ED 63 RESIDENTIAL � 28 YEARS of FETE AYE FOR
DECADES OF IMPACTFUL 53 COLS COURSES
00+ PROFESSIONAL LOCAL CHARITABLE DESIGNED OR RENOVATED
EVENTS STE INCLUDING CONTRIBUTIONS AND CIVIC INCLUDING 30 PETE DYE
THE- , ` . OUR AMERICAN SERVICE COURSES
EXPRESS) TOURNAMENT � ESTABLISHED 1968 � 27 GOLF MASTER PLANS
ESTABLISHED 2005
Mir A
Bottom Line Up Front
• Proposal maintains VB National as a public course, restoring the course to
the Pete Dye world-class status and increasing sports tourism potential
• A public golf course remains, and no changes may be made to the use of
the property without City Council action
• Project provides positive real estate tax benefits to the City
• Provides additional diverse housing types at mixed-income costs, achieving
a key City priority
Dragas Companies Proposal
A A vastly improved public golf course
0 p p g
• An estimated $38,160,000 will be � � ` s
invested into the Golf Course �, R •» g r
• World-class operations by Century �
Golf Partners and the redesign shall
retain the style of Pete Dye
• 99-year repurchase option retained by ` t � r+au V�Ez
the City ; 1
0 659 mixed-for-sale housing units 4t .FAll
with over half at or below 120% ' il -
Area Median Income (AMI)
k
0 New childcare facility (1.8 acres) ��k
z R
w
F Woodlands and environmental � � � .
r
preservation (45 acres) V.
• $3.4 Mil estimated in new annual r =
tax revenue per year at stabilization
NIMM
OPARttWVAY °'°
Golf CourseRenovations
Carefully crafted redesign by ►' . ' � �� �'
a
Timothy Liddy
- No impact to First Tee
a.
- No homes on fairways or greens
10 HOLES RETAIN PETE
DYE'S EXISTING DESIGN14
The original front nine and signature
rng j�
18 hole retain Pete Dye's design and ,
serve as inspiration for the new holes r ` 10 ` r' 13
F. 12
8 NEW OR MODIFIED GOLFS ��� ��� ,g
HOLES F a
A new tee and green complex around 7
16
holes 12, 13, and 14 is tournament- r...`
17
ready and will offer a unique space
for close views of match play from the
s
clubhouse.
Golf Course Prop osal
• Projected pricing includes a robust loyalty Initiation Fee Annual Dues In Season
card program to keep golf affordable and (A Virginia Beach May-Sept
so Free $79
a Resident
locals engaged W Senior Virginian Free $69
4
U VeacniaResident
• Unlike now, VB residents will pay no > so $99 $79
Resident
initiation fee or annual dues 4 Senior Virginia so $49 $69
>- Resident
0
• Virginia, non-Virginia and players club -J Non-Resident $0 $199 $89
card offerings Players Club Card $0 $440 $49
Military, Police,
• Non-membership rates will start at $69 in and Firefighters so $0 $69
Non-Resident so $0 5119
season and $49 in off-season Daily Fee
Proposed HousingTypes
ill Ilk
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Nl
461
,._ � ,'� ill■ N � �. 'F '��
' �• �' IIIIIIII��RIIN�III�I m,
4M.
NEO-GEORGIAN TOWNHOMES 107 HOMES
GARDEN FLATS 168HOMEs ,
• l '� #r. a� �� �� :.,. � s i >;� :s�m. �*�" as <. — i
s
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OF, JO-
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TERRACE HOMES 192HOMEs GOLF VERANDAS 192HOMES
Housing Diversity and Attainability
• Housing types meet the diversity and OCCUp
attainabilitygoals outlined for the 'q
g e Courthouse
Area in the Comprehensive Plan Gj` Arts and Professional
Education• Anticipates that over half of the attainable 4' 4% Services rvices J'
units will be under 120% of AMI
Military
• At the Developer's nearby Guilford at Spence 21% Technology,
Crossing community, more than 90% of Engineering,
homeowners earn at or below 100% AMI & Logistics
16%
• Developer is experienced with the City's
i, , `Construction
rezoning process and is prepared to undertake , 5%
that process during the due diligence period . .
Development Tax Projections $3.4 Mils estimated in real
1 estate taxes per year (avg 20 r
)
$21,000,000
$18,000,000
$15,000,000
$12,000,000
$9,000,000
$6,000,000
$3,000,000
FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38
-$3,000,000
-S6,000,000
-$9,000,000
-$12,000,000
"But-For" 'But-For" Current
0 Project Funding New Tax Expenses Cumulative Cumulative
Revenue Net Revenue Net Revenue '
15
Purchase Terms
• Developer to purchase the property for $17,940,000.
Those funds, plus a VBDA contribution of $1,820,000,
will be utilized for golf course improvements in addition
to $18,400,000 in private investment.
• 99-yr repurchase option : The golf course will be subject
to a one-time market rate repurchase should the
property cease to be used for a public golf course for a
period of more than 2 yrs. City has the right to enter
and maintain if closed for more than 6 months.
Public Infrastructure & Project Contingency
• City contribution for public infrastructure improvements:
• $4,300,000 for roadway turn lanes, Tournament Drive streetscape
improvements, utility relocation, and a sewer extension
• There are various unknowns at this time related to stormwater, subsurface
conditions, and traffic impact
• For that reason, a contingency is being proposed, with the upfront risk being
shared between the City and Developer:
• Developer: $10.2 M or 74%
• City: $3.6 M or 26%
• Should overages occur requiring use of the developer's contingency, future
realized "But For" taxes would be provided in the form of a performance grant
for reimbursement (not to exceed $10.2 million).
Cap Invest $7.9 M
Fiscal Impact Summary
Sale of Property
Real Estate $ 4 Million
BPOL, Trustee Tax (Amusement, Meal, •
Hotel, etc.) Childcare & Hotel
VBDA Investment
Golf Course Renovations
Public Infrastructure
Contingency Cap • to
Contingency Reimbursement Grant . to '.
20 YR Cumulative Fiscal Impact
20 YR NPV $18.0
Rate of Return on Public Investment
• Should all of the contingencies be needed, the City Cost Recovery is estimated to
be between 2032-2037, assuming an 8-year construction period:
$4.3 M
• - Up to $3.6 M
• • Upto $10.2M*
� . < 10yrs
*Future annual "But For" revenue - reimbursing demonstrated overages
• Due to additional private investment and new "but for" revenue, the City is
estimated to recover the investment 9-14 years earlier than if the City were to
invest an additional $7.7 million into Golf Course Improvements without private
partnership.
For Consideration
A. Accept the terms proposed; proceed to a
public hearing on the proposed sale of
property
• Potential Public Hearing: July 7th
• Potential Vote: July 14th
B. Maintain status quo with a new operator,
continue to defer capital maintenance until
funds become available
C. Other as directed
■
r
Discussion ■
■ ,% s
Virginia Beach National
Golf Club Hot Topics
page established for
more information and to
stay informed
3
CITY COUNCILS BRIEFINGS
INTERFA CILITY TRAFFIC AREA PLAN UPDATE
ITEM#78434
3:02 P.M.
Mayor Dyer welcomed Kathy Warren, Director—Planning and Clay Dills, Owner—Dills Architects. Ms.
Warren expressed her appreciation to City Council for their continued support and distributed copies of
today's presentation, attached hereto and made apart of the record.
Mayor Dyer expressed his appreciation to Ms. Warren and Mr. Dills for the presentation.
June 16, 2026
Interfacill'ty Traffic Area
( ITA) and Vicinity Master
-� Plan Update
VB 6 / 16 / 26 Dills Architects
Purpose
• Seeking City Council direction on future land
use within the InterfaciLity Traffic Area ( ITA) .
City Council, can direct staff to pursue Sports
Tourism expansion , Innovation Park expansion
and/or Municipal. Services OR chose to do
nothing at this time.
2
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GOAL
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Develop a strategic 10- and
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and guide City investment. s
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destinations.
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OUR STUDY
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High Point, NC: Multi-Use Championship Stadium 27
1.FACILITY&PROGRAM,OVERVI 11
Hudome Way
• Facility Type:Tourname�it Baseball Complex
• Field Count: 12
Operator Model:Exclusive/Destination Operator w-
• Stabilized Year:3
•
2_EYFNT PRQG MING ASSUMPTIONS y f
• 2-Day Tournaments:
Annual Events: 10
two-
* Days per Event:2
o Teams per Event:35
• 3-Day Tournaments: ,' -. +
o Annual Events: 10 Landstown Road
o Days per Event:3 X, +C'
o Teams per Event:30
• We•k-Long Tournaments: , jib�'!' ��b •e
o Annual Events:8 r:` t •'
.� . .
c Teams per Week:5 �� � yy/, „; « ,•: °• a e
«»'
• Total Events:36
3.TAR.TICIPATI—OR cn/MATI. Mr Team: 30 •w ` •,
••
urnament
Guests
• Week-Long Event Guests:-34(15 players+ 19 guests)
n
• Total Annual Visitors:241,000 � �Q• '.t< _
Out-of-Town Visitors:216,900 )i
• Annual Hotel Nights:83,000 "
4.FACILITY OPERATING PRO FORMA -
k • '
• Revenues:34.4 million
o Tournament Fees:S3.45 million
o Concessions(Net):$640,000 ri - • •
o Merchandise(Net):$109,000 r
o Sponsorship:$100,000 �, �.�
p• Other Revenue:$100,000 �
• Expenses:$3.05 million
T, U S
Net Operating Income:$1.35 million /�• Operating Margin:31% t o D V I S _O R S
i.
3 .
v
Multi-use
Sports Tourism
championship field
p
Phase 1
o
Baseball Tournament Complex
11 adaptable turf fields
$44.51VI development cost
83,000 annual hotel nights
1,340 sustained annual jobs
$19.91VI annual labor income --
$2.41VI annual taxes (SORM) /
� ° � '
Multi-use championship stadium ��w '-'"� i,
11 field tournament
e
complex
$12.51VI development cost
26,000 annual added hotel nights '
$820K annual taxes (SORM)
Option to improve
Option to Improve Landstown Road Landstown Road
Included in CIP Phase 1f
MULTI-USE STADIUM SOUTHEAST GREENWAY
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Aix 1 FIELD BASEBALL COMPLE
Connecting Tournaments and a Multi-Use Stadium 30
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Enlarge Area Southwest
• 33
PAAC BASEBALL COMPLEX A
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77
LIGHT INDUSTRIAL
CROSS COUNTRY / TRAILS
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' INDUSTRIAL / MUNICIPALS.:
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lowi V
STORMWATER PARK
41
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1
LANDSTOWN EXTEN DEDIN
a
Alm
Directing Land Use for Sport, Light Industrial, and Natural Recreation 34
T
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Georgia Premier Cross Country: Linking Agriculture, Natural Areas, Sports 35
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Sports Tourism ;' Parking
Pavilion
Phase 1
r ..
Championship Cross Country
2K 5K 6K 8K 10K Courses
Parking and Pavilion
Serves as public amenity for access
to water and trails
$5.8M development cost
g�
m
24 annual events/ 9,000 visitors
7,800 annual hotel nights
a
95 sustained annual jobs
$385,000 annual taxes
Regional / National
NCAA Championship
Cross Country
(2k, 5k, 6k, 8k, 10k)
37
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" - AGRICULTURE
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Maintaining Open Space, Agriculture, Sports Tourism, Recreation 38
s�
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ght Industrial
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STORMWATER PARK
INDUSTRIAL /
MUNICIPAL
INDUSTRIAL / MUNICIPAL
INDUSTRIAL / FLEX
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HUDOME WAY �� '•
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Unlock Opportunity for Emerging Industrial and Outdoor Industry 40
INDUSTRIAL BUILDING TYPES
Costar distinguishes between more traditional industrial buildings & flex space
CoStar, a real estate industry data provider, defines industrial and flex as:
r=W_00100
INDUSTRIAL IilLs FLEX
• A type of building adapted for a combination of uses such as assemblage, A type of building designed to be versatile,which may be used in combination
processing, and/or manufacturing products from raw materials or fabricated with office, research and development, quasi-retail sales, and including but not
parts.Additional uses include warehousing,distribution and maintenance limited to industrial, warehouse, and distribution uses.At least half of the
facilities. rentable building area {RBA} must be used as office space. Flex buildings have
also been called Incubator, Tech and Showroom buildings in markets
throughout the country.
rAo SHRIEDMAN
HAMVrON ROADS
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ALLIAN (-.,--
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Hampton Roads Playbook: Future Industry Focus, Opportunity 42
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Sun Valley, TX / St Louis, MO: Flex, Small-Form, Advanced Manufacturing 43
INDUSTRIAL Industrial and Flex Inventory
ABSORPTION
ar
City
• - • .
10 year: 90 acres
1M SF
25 year: 275 acres
7 Miles '..
3M SF
e,•
StudyITA
.
\. {
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studyITA area
a;a
10
year: acres54 Navalliwhaay
Flex Landing Field
Fentreys
660K SF 0 Pre 2015 i
O Post 2015
Industrial25
year: acres Q Pre 2015 SHRIEDMAN
1.9M SF Post 2015
0 C�-.w�; 2 Miles ;
r7-
Roadway and
Development
ee Phasing
w•.
C'• w Phase
1 Phase
1B.
s �r'�i
F• :r� Nth
Phase 2
1� Landstown Road extended t .�
Phase 3
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,� ..try,'�i W � 1 r'�� ,,�� •r{t� ,fig I,.�^ "`y��X .�,�t� r. � r,ia; �x ; Y�•; Z f, r,�'Y ,�� Phase
,
(connector)
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45
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Development Acreage
,. ir AN r *1".ryfj r ''`r • • acres total I •
Z ;Wv A
Industrial / Municipal Phase
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Industrial
I Phase 2
135 acres
Industrial Municipal
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46
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PHASE 1A 1B
Extend Hudome Way and
Landstown Road
fr
, 4hh, r• A��,y •
5 acres
820,000 SF
<.-�-: a,mow+' `o i• +a- #.
$15.9M roadway development
aw w
D5
• jobs • • direct • • indirect)
^ ntit
$1.2M direct tax revenue
47
w��'n � �$ate ��• `"e �"-' � �� t �,`/� `�. ` a(, ' f �
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y,
L�rOM„� -«. a r r ri i. �. rr• I,r (� X`��i�,��.''�tr
y•�` ,� R.,.�/i.3 Ale .
r +o'
PHASE 2
Extend •
Hudome
w road from
135 acres
' rF •� o-', :rt aw
' w400,000 SF
74,
$9.6M roadway development
ff "to IP
w
y
direct, 257 indirect)
f�,' $2.05M direct tax revenue
48
a }
r411
_
L
1" /'4 fif�'S.. Y
OVAlow
PHASE 3
Extend Landstown Road
r � .
Industrial
I Municipal
Services Facilities:
58 acres
600,000 SF
e >
r roadway development
{{ x I
t
49 ah., r ..-r C•�<" "-' fx-. r f _. ' i"�r fi�`f ki
. F
STORMWATER PARK �
INDUSTRIAL / MUNICIPAL
�rs+
M n a
LIGHT INDUSTRIAL INDUSTRIAL / MUNICIPAL
-'
INDUSTRIAL 1 FLEX _
U,
— .. ..^
LIGHT INDUSTRIAL
77
°
-
f HUDOME EXTENDED
w
Integrated Extension of Light Industrial / Flex Development 50
Public Briefings and Stakeholder Meetings
April 29, 2026 Public Presentation and Information Session 6:00 PM
May 6, 2026 Resort Investment Committee 9:00 AM
May 7, 2026 Parks & Recreation Commission/ 3:00 PM
Open Space Advisory Commission/
Active Transportation Committee
May 7, 2026 TA/ITA Citizens Advisory Committee/ 5:30 PM
Agricultural Advisory Commission
May 12, 2026 Virginia Beach Development Authority 8:30 AM
May 13, 2026 Planning Commission Briefing 9:00 AM
May 28, 2026 Green Ribbon Committee 2:30 PM
June 1, 2026 Planning Commission Special Meeting 3:00 PM 51
KEY TAKEAWAYS FROM ENGAGEMENT
1. Maintain area character and identity- Natural buffers, view sheds
2. Refine industrial uses and facility types / facility quality
3. Transparency of public investment for development
4. Limit industrial traffic from areas serving sports / recreation and
connect pedestrian and bike pathways through the area
5. Integrate tournament facilities, and phase-in recreation amenities
6. Allow for potential need for larger development parcels
7. Provide flexible phasing based on development land needs
8. Create jobs, add to City tourism, and generate taxes
52
PLAN AND ECONOMIC DATA
Sports tourism/recreation Industrial development Agriculture/open space
Phase 1 Phase 1a $7.9 M
Tournament complex $44.5 M Phase 1b $18.5 M
Multi-use stadium $12.5 M Phase 2 $24.2 M
Cross Country $5.8 M Phase 3 $16.8 M
Phase 4 $8.55 M
Phase 1 cost $62.8 M Phase 1 cost $26.4 M
roadway&sw Total open space 2,201 acres
Annual Room nights 1255000 (Phase 1 jobs) 15148
Total Jobs 2,897 Existing farmed 651.5 acres
Total Jobs 19435
(Phase 1 taxes) $1.2 M Remaining farmed 304.2 acres
Annual taxes $3.36 M Total annual taxes $3.25 M
Existing area 725 acres Existing area 158 acres
Added area 114 acres Added area 366 acres
Others sports reC *Some cost may be offset by state
p / $80.75 M All phases Cost $75.95 M
Total investment $142.55 M Includes phase 4 grants and private cost sharing 53
ADDITIONAL PLAN DATA
Other Sport / Rec improvements Roads & Pathways
BMX course and trails $13.5 M Recreation trails (soft) 28.8 miles $6.9 M
Turf Conversion PAAC $10.25 M Multi-modal path (hard) 2 miles $11.7 M
4 rectangular fields
Turf Conversion PAAC $24.8 M Roadway (complete) 3 miles $75.3 M
8 diamond fields all 4 phases
Parking extension PAAC $3.65 M
Extension / connection of
(2) diamond fields PAAC $11.8 M "' pathways (hard) 3.4 miles $5.6 M
Disc Golf course $1.2 M
Connect to parking HRSC $1.6 M Total Roads & Paths $99.5 M
Pickleball courts $3.8 M
Stormwater (regional) $10.15 M
Total Recreation Improvements $80.75 M * cost included in previous development
costs indicated 54
NEXT STEPS
1. Receive council feedback: Council can consider pursuing
all, some, or none of the proposed improvements
2. Revise and make changes to masterplan if needed
3. Create recommendations for 10- and 25-year phased
investment
If pursuing plan:
• Planning Commission consideration
• Council consideration
55
M�
Thank
b.
- .- Dills Architects
4
CITY COUNCIL DISCUSSION/I7VITL4TIVES/COMMENTS
ITEM#78435
4:10 P.M.
Council Member Henley advised there will be a Community Meeting regarding the Pungo Ferry Road
Improvement Project, on June 18'fi from 5:00 -7:00 P.M., at Creeds Elementary School and encouraged
anyone interested to attend.
June 16, 2026
5
CITY COUNCIL DISCUSSIONIIIVITL4TIVES I COMMENTS
ITEM#78436
(Continued)
Council Member Jackson-Green advised Juneteenth will be celebrated this weekend and shared there are
two (2) events planned; the Stop The Violence Juneteenth Festival will be held June 19`h—21'at Mount
Trashmore and the JazzTeenth Festival will be held on June 20`h at the Oceanfront. Council Member
Jackson-Green encouraged anyone interested to check social media and virginiabeach.com for more
information.
Mayor Dyer advised the City was the first in the Region to recognize Juneteenth as a holiday before it
became a federal holiday.
June 16, 2026
6
CITY COUNCIL DISCUSSIONIINITMTIVES I COMMENTS
ITEM#7843 7
(Continued)
Council Member Ross-Hammond provided an overview of Sai1250 Parade of Sail event taking place June
19'h—23'd Council Member Ross-Hammond advised on June 19'h the City will serve as the departure point
for the Parade of Sail when the ships are scheduled to depart at approximately 7:30 A.M. from the
Lynnhaven Anchorage and sail to downtown Norfolk, expressingpride that the Parade will start in the City.
Council Member Ross-Hammond advised that First Landing State Park will serve as a premier public
viewing location and provided information regarding park access, parking, and ADA accommodations.
Council Member Ross-Hammond advised shuttle services will be provided during the event to visit the tall
ship crews between Town Point Park in Norfolk, Town Center, and the Oceanfront and visitor information
tents will be at both the Oceanfront and Town Center, as well as information booths at Town Point Park
from June 19-22. Council Member Ross-Hammond advised Deputy City Manager Amanda Jarratt or
Convention and Visitors Bureau Director Nancy Helman can provide additional details or answer
questions.
June 16, 2026
7
CITY COUNCIL DISCUSSIONIINITMTIVES/COMMENTS
ITEM#78438
(Continued)
Council Member Ross-Hammond advised on June ]Yh, at the Sandler Center, the program, "A Historic
Homage to Juneteenth" will be held in partnership with the Virginia African American Cultural Center
(VAACC), JazzFest, and the Sandler Center. Council Member Ross-Hammond advised the program
includes musical performances by Synnika Alek Lofton, Gregg Lee and the Gregory Brothers from Seatack,
as well as educational information about the history and significance of Juneteenth, including the delayed
notification of emancipation in Texas, the experiences of formerly enslaved individuals following
emancipation, and the importance of understanding the holiday's historical significance.
Council Member Ross-Hammond further advised Hampton Roads Transit (HRT) is offering free
transportation, including buses, light rail and the ferry, on Juneteenth to commemorate the federal holiday
and support the Parade of Sail.
June 16, 2026
8
AGENDA REVIEW SESSION
ITEM#78439
4:31 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCESIRESOL UTION:
1. Ordinance to AMEND the FY2026-27 Capital Improvement Program (CIP)for Stormwater re
Chatham Hall Water Quality Improvement, CIP 100566 and Southern Rivers Watershed II, CIP
100720
2. Resolution to RENEW permits to ALLOW certain Emergency Medical Services (EMS) agencies
to operate in the City re American Medical Response Mid-Atlantic,Inc.; Children's Hospital of
the King's Daughters, Lifecare Medical Transports, Inc.; MB Solutions, LLC; Nightingale
Regional Air Ambulance, Reliance Medical Transport; Robbie's Ambulance Service, Inc.;
Special Event Providers of Emergency Medicine,Inc.;and Tidewater Medical Transport,Inc.
3. Ordinance to ENDORSE a Proposed Tourism Project and AUTHORIZE other actions consistent
with the State Tourism Gap Financing Program re Hotel Indigo
4. Ordinance to GRANT a Franchise Agreement to Pinky' LLC re pedal cab taxi service in the
Resort Area
5. Ordinance to RE ADOPT the Policy re remote participation by City Council Members in Council
Meetings
6. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2026 re view each
street or alley proposed to be closed
7. Ordinance to EXTEND the date for satisfying the conditions in the matter of Starling BESS Energy,
LLC re closure of approximately 29,601 square feet of an improved right-of-way known as Windy
Willow Court
8. Ordinance to AUTHORIZE the Virginia Beach Development Authority (VBDA) to utilize up to
$1.9-Million of existing appropriations within CIP 100059, "Resort Parking District"to fund the
pre-development phase re development of a structured public parking facility at 191h Street and
Parks Avenue
9. Ordinance to AUTHORIZE temporary encroachment into City-owned property known as Treasure
Canal at the rear of 2204 Windward Shore Drive re maintain an existing vinyl bulkhead,a return
wall, wharf, overhead beam boatlift with four(4)piles and electrical cable and to construct and
maintain a PWC lift, PWC electrical cable, gangway,floating dock, open-sided timber framed
asphalt shingle roof and four(4) additional support piles DISTRICT 8
June 16, 2026
9
AGENDA REVIEW SESSION
ITEM#78439
(Continued)
10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property
known as Bass Inlet, a/kla Mill Pond and Mill Creek, and into a City-owned 5-foot drainage and
utility easement at 344 Back Bay Crescent re maintain an existing vinyl bulkhead with returns
and concrete patio, and to construct and maintain a timber floating pier, two (2) personal
watercraft floats,aluminum gangway,timber pier,4-timber pile aluminum boat lift,timber open-
sided roof structure and two (2)personal watercraft lifts DISTRICT 2
11. Ordinance to APPROPRIATE$240,000 from the sale of equipment to Capital Project#100175,
"Fire Apparatus IV" within the FY2025-26 Capital Improvement Program (CIP) re fund future
fare apparatus
12. Ordinance to ACCEPT and APPROPRIATE$1.75-Million from the Commonwealth Opportunity
Fund(COF) to the Virginia Beach Development Authority (VBDA) re award for the Acoustical
Sheetmetal Company project
13. Ordinance to ACCEPT and APPROPRIATE $1,497,300 from the Commonwealth Opportunity
Fund(COF) to the Virginia Beach Development Authority (VBDA) re award for ZIM American
Integrated Shipping Company project
14. Ordinance to ACCEPT andAPPROPRIATE funds totaling$429,709.60 from the Virginia Opioid
Abatement Authority (VOAA) to the Health Department Operating Budget ($229,209.60) re
contract two (2) Community Engagement Specialists to oversee a Teen-to-Teen social media
campaign and provide outreach; Police Department Operating Budget ($30,000) re implement
the Law Enforcement Against Drugs program within Virginia Beach City Public Schools
(VBCPS)to provide drug education and prevention activities throughout the community;Human
Services Operating Budget ($100,500) re continued full-time Certified Peer Support Specialist
FTE to work with youth with substance use disorders to include operating expenses;and Virginia
Beach City Public Schools Operating Budget(VBCPS) ($70,000)re purchase an online evidence-
based curriculum to provide proactive education as well as intervention when students have a
substance-use related offense
15. Ordinance to ACCEPT and APPROPRIATE $18,714 from the Department of Criminal Justice
Services through the Edward Byrne Justice Assistance Grant (JAG) Program to the FY2026-27
Police Department Operating Budget re law enforcement equipment
16. Ordinance to TRANSFER$803,063 from vacancy savings in the General Fund to the FY2025-26
Voter Registration and Elections Operating Budget re operational expenses for the August 4,
2026,primary elections
June 16, 2026
10
AGENDA REVIEW SESSION
ITEM#78439
(Continued)
17. Ordinance to TRANSFER$350,000 within the Department of Emergency Medical Services(EMS)
from the EMS Cost Recovery Fund to the FY2025-26 Department of Emergency Medical Services
(EMS) Operating Budget re personnel expenses
J. ORDINANCES/RESOLUTION.•
ITEM#3 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEM#8
June 16, 2026
11
AGENDA REVIEW SESSION
ITEM#78439
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENTAGENDA:
K. PLANNING:
1. KELCO, INCORPORATED for a Variance to Section 4.4(b) of the Subdivision Regulations re
subdivide existing parcel to construct a single-family dwelling at a parcel West of Holland Road,
230 feet North of Princess Anne Road DISTRICT 2
2. BHC, LLC/PHILIP D. SEAFORD for a Variance to Section 4.4(b)(c)(1) of the Subdivision
Regulations re subdivide two(2) existing parcels into five(5) residential lots to construct five(5)
single-family dwellings at 313 Gatewood Avenue DISTRICT 3—APPROVAL
3. DS INVESTORS,INC.A VIRGINIA CORPORATIONfor a Variance to Section 4.4(c)(1) of the
Subdivision Regulations re resubdivide existing parcel to create two (2)single-family lots at 845
Kennedy Avenue DISTRICT 5
4. WINNER'S PROPERTIES, LLC / WINNER'S PROPERTIES, LLC & EVERGREEN
VIRGINIA, LLC for a Modi nation of Conditions to a Conditional Use Permit re motor vehicle
sales,service and rentals at 3700& 3736 Sentara Way DISTRICT 3
5. SMF CORPORATE STORES,LLC/HILLTOP SQUARE INVESTORS,LLCfor a Modification
of Conditions to a Conditional Use Permit re tattoo parlor at 550 First Colonial Road, Suite 23C
DISTRICT 6
6. VIRGINIA ELECTRIC AND POWER COMPANY for a Modification of Conditions to a
Conditional Use Permit re expand existing Dominion substation at 568 North Lynnhaven Road
DISTRICT 8
7. HOLLY VEBER/DANIEL F. &AIARILYNF. VEBER for a Conditional Use Permit re assembly
use at 1501 Gum Bridge Road DISTRICT 2
8. APRILA. SMITH/GREGORYS. SMITH&APRILA. SMITHfor a Conditional Use Permit re
family day-care home at 2288 Sandy Woods Lane DISTRICT 5
9. DEBBIES DAYCARE LLC/DEBORAH R. NORTON for a Conditional Use Permit re family
day-care home at 757 Hilltop Road DISTRICT 6
10. FIRST COLONIAL DEVELOPMENT, LLC for a Conditional Use Permit re low-speed motor
vehicle sales and rental at 601 Nevan Road DISTRICT 6
11. SUSANE.BLACKMERGED TRUST for a Conditional Use Permit re short term rental at 4005
Atlantic Avenue, Unit 104 DISTRICT 6
June 16, 2026
12
AGENDA REVIEW SESSION
ITEM#78439
(Continued)
12. Ordinance to AMEND City Code Section 33-19 re hauling of sand,gravel, topsoil,fill or other
excavated material off an excavation site
13. Ordinance to AMEND City Code Section 7.1 of the Subdivision Regulations re plans and
specifications for general improvements
14. Ordinance to AMEND City Code Section 4 of the Site Plan Ordinance (Appendix Q re
information required on site development plan
15. Ordinance to AMEND City Code Chapter 19 re mobile homes
16. Ordinance to AMEND City Code Section 5.9 (Appendix D) of the Erosion and Stormwater
Management re construction general permit fees
K.PLANNING:
VICE MAYOR WILSON WILL ABSTAIN ON ITEM#6
June 16, 2026
13
ITEM#78440
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:
SECURITYMATIERS.Discussion of plans to protect public safety as it relates
to terrorist activity or specific cybersecurity threats or vulnerabilities and
briefings by staff members, legal counsel, or law enforcement or emergency
service officials concerning actions taken to respond to such matters or a related
threat to public safety, where discussion in an open meeting would jeopardize the
safety of any person or the security of any facility, building, structure, information
technology system, or software program pursuant to Section 2.2-3 711(A)(19).
• City Council Cybersecurity Briefing
PUBLIC CONTRACT:Discussion of the award of a public contract involving the
expenditure ofpublic funds, and discussion of the terms or scope of such contract,
where discussion in an open session would adversely affect the bargainingposition
or negotiating strategy of the public body,pursuant to Section 2.2-3 711(A)(29).
• Project Repurpose
PUBLICLY-HELD PROPERTY.• Discussion or consideration of the acquisition
of real property for public purpose;or of the disposition of publicly-held property,
where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section 2.2-
3711(A)(3).
• District 6
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,promotion,
performance, demotion,salaries, disciplining or resignation of specific public
officers, appointees or employees of any public body pursuant to Section 2.2-
3 711(A)(1)
• Council Appointments: Council, Boards, Commissions, Committees,
Authorities,Agencies and Appointees
• Council Appointee Evaluations
June 16, 2026
14
ITEM#78440
(Continued)
Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council
voted to proceed into CLOSED SESSION at 4:28 P.M.
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael E Berlucchi
Stacy Cummings
Break 4:28 P.M. — 4:38 P.M.
Closed Session 4:38 P.M. — S:47 P.M.
June 16, 2026
15
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JUNE 16,2026
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City
Council Chamber, City Hall, on Tuesday, June 16, 2026, at 6:00 P.M.
Council Members Present:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi- Vacation
Stacy Cummings
INVOCATION.• Mayor Dyer
MOMENT OF SILENCE
PLEDGE OFALLEG1ANCE 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.
June 16, 2026
16
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.
June 16, 2026
17
VU F
CERTIFICATION
ITEM#78441
Upon motion Council Member Schulman, 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:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
Ne 9 i 5,,B
U a
is e
OF OUX Nt �5
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#78440 on Page 14 and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
NRT,� --
Aman r es, TC
City Clerk
June 16, 2026
18
ITEM— V G.1
MINUTES
ITEM#78442
Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 2,2026
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
19
ITEM— V G.2
MINUTES
ITEM#78443
Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council
APPROVED the MINUTES of the SPECIAL FORMAL SESSION of June 9,2026
Voting: 8- 0
Council Members Voting Aye:
Mayor Robert M.Dyer,Barbara M.Henley,David Hutcheson,Robert W. "Worth"
Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"
Schulman and Rosemary Wilson
Council Members Abstaining:
Cal "Cash"Jackson-Green
Council Members Absent.•
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
20
ITEM— i.H.l
PUBLIC HEARINGS
ITEM#78444
Mayor Dyer DECLARED a PUBLIC HEARING:
MODIFY BOUNDARY OF SPECIAL SERVICE DISTRICT(SSD)
Old Donation Neighborhood Dredging
There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING
June 16, 2026
21
ITEM— i.H.2
PUBLIC HEARINGS
ITEM#78445
Mayor Dyer DECLARED a PUBLIC HEARING:
ACQUISITION, BYAGREEMENT OR CONDEMNATION
Virginia Beach Boulevard Sidewalk Highway Safety Improvement
Program (HSIP)Project CIP 100423.025
There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING
June 16, 2026
22
ITEM— V.I.
FORMAL SESSION AGENDA
ITEM#78446
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker, and they will be given a total of six(6) minutes to speak on all items.
The City Clerk called for the following to speak:
Rodney Bradford, 116 Palace Green Boulevard, Phone: 705-4279, did not respond
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,BY
CONSENT,Agenda Items Ordinance/Resolutions J. 1, 2, 4, 5, 6, 7, 8 (AS AMENDED), 9, 10, 11, 12,
13, 14, 15, 16 and 17 and Planning K. 1,2,3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,15 and 16
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
J. ORDINANCES/RESOLUTION.
ITEM#3 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEM#8
K. PLANNING:
VICE MAYOR WILSON WILL ABSTAIN ON ITEM#6
June 16, 2026
23
ITEM— V J.1
ORDINANCES/RESOLUTION
ITEM#7844 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to AMEND the FY2026-27 Capital Improvement Program (CIP)for Stormwater
re Chatham Hall Water Quality Improvement, CIP 100566 and Southern Rivers Watershed II, CIP
100720
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO AMEND THE FY 2026-27
2 CAPITAL IMPROVEMENT PROGRAM FOR
3 STORMWATER
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 1. $505,000 is hereby transferred from Capital Project #100669, "Oceana Gardens
9 Constructed Wetlands Project" to Capital Project #100566 "Chatham Hall Water
10 Quality Improvement Project."
11
12 2. $800,000 is hereby transferred from Capital Project #100404, "Surface Water
13 Regulatory Compliance Program" to Capital Project #100720 "Southern Rivers
14 Watershed II."
15
16 3. This ordinance shall be effective July 1, 2026.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 6th day
Of June , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Bu get and Management ervices a ffice
CA17247
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May 27, 2026
24
ITEM— V J.2
ORDINANCES/RESOLUTION
ITEM#78448
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Resolution to RENEW permits to ALLOW certain Emergency Medical Services (EMS)
agencies to operate in the City re American Medical Response Mid-Atlantic,Inc.;Children's Hospital of
the King's Daughters,Lifecare Medical Transports,Inc.;MB Solutions,LLC,Nightingale Regional Air
Ambulance,Reliance Medical Transport,Robbie'sAmbulance Service,Inc.;Special Event Providers of
Emergency Medicine,Inc.;and Tidewater Medical Transport,Inc.
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 A RESOLUTION TO GRANT PERMITS ALLOWING
2 CERTAIN EMERGENCY MEDICAL SERVICES AGENCIES
3 TO OPERATE 1N THE CITY OF VIRGINIA BEACH
4
5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates
6 an emergency medical services agency or any emergency medical services vehicle within
7 the City must first obtain a permit from City Council, and such permits must be renewed
8 on a biannual basis; and
9
10 WHEREAS, applications for permit renewals have been received from the
11 following agencies: American Medical Response Mid-Atlantic, Inc.; Children's Hospital
12 of the King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC;
13 Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance
14 Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater
15 Medical Transport, Inc.; and
16
17 WHEREAS, the above-listed private ambulance agencies perform services not
18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility
19 transports, which include both basic and advance life support calls.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
22 OF VIRGINIA BEACH;
23
24 1. That the City Council hereby grants renewed permits to the following agencies:
25 American Medical Response Mid-Atlantic, Inc.; Children's Hospital of the King's
26 Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Nightingale
27 Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance
28 Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and
29 Tidewater Medical Transport, Inc.
30
31 2. That these permits shall be effective from July 1, 2026 to June 30, 2028.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16th
day of June , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Emergency Medical Services City Attd1rrf6y,s Offic
CA17240
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May 22, 2026
25
ITEM— V.J.3
ORDINANCES/RESOLUTION
ITEM#78449
The following registered to speak.-
Lindell Stone, 7513 Parkline Drive, Henrico, Phone: 434-808-3367, spoke in SUPPORT
Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, spoke in OPPOSITION
Venkat Eleswarapu, 1749 Champion Circle, Phone: 469-803-799 7, spoke in OPPOSITION
Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council
ADOPTED Ordinance to ENDORSE a Proposed Tourism Project and AUTHORIZE other actions
consistent with the State Tourism Gap Financing Program re Hotel Indigo
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO ENDORSE A PROPOSED
2 TOURISM PROJECT AND AUTHORIZE OTHER
3 ACTIONS CONSISTENT WITH THE STATE
4 TOURISM GAP FINANCING PROGRAM
5
6 WHEREAS, on March 13, 2012, the City Council created a Tourism Zone and a
7 policy "Guidelines for the Tourism Project Gap Financing Program" (the "Policy") for
8 evaluation of applications to utilize the Virginia Tourism Gap Financing Program
9 authorized by the General Assembly in 2011 and codified as Virginia Code § 58.1-
10 3851.1 (the "State Tourism Program");
11
12 WHEREAS, in June 2020, the City Council adopted a tourism marketing plan
13 titled the "Resort Area Strategic Action Plan 2030" ("RASAP") that identifies a need for
14 transitioning older hotels along the oceanfront to higher quality accommodations and
15 building inventory that promotes year-round visitation;
16
17 WHEREAS, the entitlement to revenues established by the State Tourism
18 Program does not create debt of the Commonwealth of Virginia ("State"), the City, or the
19 City of Virginia Beach Development Authority ("Authority");
20
21 WHEREAS, the City has received an application from CLM Waterman Hotel, LLC
22 ("Developer") requesting financing assistance pursuant to the State Tourism Program
23 and the Policy;
24
25 WHEREAS, Developer plans to redevelop an existing structure located at 2809
26 Atlantic Avenue in Virginia Beach (the "Property") into a Hotel Indigo (the "Project"),
27 which requests assistance in a funding gap of $5,000,000, which is approximately 26%
28 of the projected cost of the Project;
29
30 WHEREAS, the City staff has reviewed the application from Developer and finds
31 the Project to have the following attributes described in Section 5.2 of the Policy: (a) a
32 minimum capital investment of$19 million; (b) when complete, will provide taxable sales
33 of at least $15 million annually; (c) when complete, will increase year-round
34 employment; (d) fills a void identified in the City's RASAP; (e) is located in the City's
35 Tourism Zone; and (f) has submitted proof of the need for gap financing to the
36 satisfaction of the City's Director of Finance;
37
38 WHEREAS, on June 9, 2026, the Authority approved the proposed performance
39 agreement, subject to City Council's concurrence;
40
41 WHEREAS, to meet the requirements of the State Tourism Program, the City
42 and the Authority are required to execute a performance agreement, a draft of which is
43 attached hereto as Exhibit A;
44 WHEREAS, both the Authority (Applicant) and Developer agree to pay their
45 contributions and access fees towards principal and interest on the gap financing and
46 any excess amounts collected towards principal on the gap financing until the gap
47 financing is paid in full, set forth in State Tourism Program pertaining to the entitlement
48 of certain state tax revenue from tourism projects; and
49
50 WHEREAS, City Council is of the opinion that the proposed Project would
51 stimulate the economy to the betterment of the City.
52
53 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
54 VIRGINIA BEACH, VIRGINIA, THAT:
55
56 1. City Council endorses the Project for purposes of the State Tourism
57 Program, and accordingly, City Council finds that the Project meets a void identified in
58 the City's RASAP.
59
60 2. Subject to approval and certification by the State, and conditioned upon
61 the execution of a performance agreement between the Developer, the City, and the
62 Authority, City Council hereby designates to the Project and directs, subject to
63 appropriation of such funds to the Authority, an amount equal to the revenues
64 generated by one percent (1%) local sales and use tax generated by transactions taking
65 place at the Property be applied to the payment of the principal and interest on the
66 qualified gap financing for the Project for the duration and the purposes set forth the
67 State Tourism Program.
68
69 3. Upon collection and quarterly remittance of revenues by the State and the
70 access fee, as that term is defined by the State Tourism Program, by the Developer of
71 the Project, the City will remit such amounts to the Authority as required by the State
72 Tourism Program.
73
74 4. The City Manager is authorized and directed to take actions consistent
75 with the intent of this ordinance including, without limitation, execution of a performance
76 agreement between the Developer, the City, and the Authority, a draft of which is
77 attached hereto as Exhibit A, and made a part hereof.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day
of June , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY
(Approved by Emily L. Archer)
"00-
Economic Development City Attorney
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June 10, 2026
6.9.26
EXHIBIT A
PERFORMANCE AGREEMENT
CITY OF VIRGINIA BEACH,THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY
AND CLM WATERMANS HOTEL,LLC
THIS PERFORMANCE AGREEMENT (the "Agreement") is entered into as of
, 2026, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (the "City"), and the CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of
Virginia(the"Authority"),and CLM WATE TEL,LLC,a Virginia limited liability
company (the "Developer"). Collectively, they the A tho ity, and the Developer shall be
referred to herein as the"Parties."
RECITALS:
A. Developer plans to redevelop an existing structure located at 2809 Atlantic Avenue
in Virginia Beach (the "Property") into a Hotel Indigo (the "Project"). The relevant specifics of
the Project are provided on Exhibit A attached hereto.
B. The Virginia Code at Section 58.1-3851.1 provides a mechanism by which a
tourism project may utilize specific funding streams to pay for "gap financing" as that term is
defined in Section 58.1-385].]; and
C. ' The City has completed the fo ng steps as required by Section 58.1-3851.1 to
make the Project eligible to receive tax revenues authorized by Section 58.1-3851.1: (1)
established a Tourism Zone in which the Project is located by ordinance adopted on March 13,
2012; (2) adopted a tourism marketing plan titled the "Resort Area Strategic Action Plan 2030"
adopted by City Council in June 2020; and(3) adopted an ordinance on [ endorsing the
Project to meet a deficiency identified in the Resort Area Strategic Action Plan,which is the need
for more high-quality hotels, and designating one percent (1%) of the local sales and use tax
generated by transactions taking place at the Project.
D. In the [ ,2026] ordinance,the City confirmed it is willing to provide the
required local revenues for the purposes and in furtherance of Virginia Code Section 58.1-3851.1.
E. As required by Virginia Code§58.1-3851.1(D),Developer has secured a term sheet
for a minimum of seventy-three and eight-tenths percent(73.8%)of funding for the Project through
1
6.9.26
debt and equity. Gap financing will be necessary to meet the shortfall in funding for the Project
between the debt and equity secured by the Developer and the expected development costs. The
attached Exhibit B describes the gap financing in more particularity and provides an amortization
schedule. The Parties understand the amortization schedule is based upon estimates and is not
binding upon a Party.
F. As required by Virginia Code §58.1-3851.1 and in furtherance of the public
purposes for the same, the Authority, the City, and the Developer agree to enter into this
Agreement upon the terms and conditions set forth herein.
G. The City and the Authority have agreed to offer, and the Developer has agreed to
accept the incentives expressed in this Agreement in exchange for the performance promised
within and required by the Agreement. *
H. The Authority authorized its Chair of Vice Chair to enter this agreement by
resolution dated June 9, 2026.
AGREEMENT
NOW, THEREFORE, in and for the mutual promises and covenants contained herein,
the receipt and sufficiency of which is hereby acknowledged, the City, the Authority, and the
Developer do hereby mutually agree as follows:
1. Term of Agreement. The term of this agreement shall run concurrently with the
term of the Qualified Gap Financing, defined below, obtained in connection with the Project(the
"Term") and shall end at such time as the Qualified Gap Financing is (i) paid in full at the
expiration of the term of the Qualified Gap Financing; or(ii) repaid prior to the expiration of the
term of the Qualified Gap Financing; or(iii)refinanced(except to obtain a more favorable interest
rate); or (iv) otherwise paid in full at any time.
2. Required Capital Investment/Jobs. The required capital investment and the
approximate number of jobs created by the Project as well as the Developer's obligation to provide
seventy-three and eight-tenths percent(73.8%)of funding for the Project is set forth on Exhibit A
hereto.
3. Access Fee.
A. The Developer will impose an access fee(the"Access Fee")that is equal to
the one cent of the Virginia Sales and Use taxes generated at the Project. This Access Fee shall
be in addition to any other taxes or levies imposed by general law.
2
6.9.26
B. The calculation of the quarterly amount of the Access Fee will be provided
to the Developer by the City upon receipt of the quarterly report of Sales and Use Tax from the
Commonwealth of Virginia(the"State"). The City will forward this report to the Developer, and
the Developer will remit this Access Fee to the City as soon as practicable but not later than thirty
(30) days after being in receipt of the amount provided by the City. The City will forward the
Access Fee to the Authority as required by law.
4. Performance Incentive Payment. As detailedeD
bit B, the Parties have
identified $5,000,000 for the Project as the amount of"Quali Financing" for purposes
of this Agreement and expressly subject to the treatment required in Virginia Code §58.1-3851.1.
Subject to appropriation of such funds for such purposes by the respective governing bodies, the
Authority shall receive(1)quarterly payments from the City in an amount equal to one cent of the
Virginia Sales and Use Tax generated by transactions occurring upon the premises of the Project
(the "City Contribution") and (2) quarterly payments from the State, by way of the City, in an
amount equal to one cent of the Virginia Sales and Use Tax generated by transactions occurring
upon the premises of the Project (the "State Contribution," and together with the City
Contribution, the "Public Contribution"). Additionally, the Authority will receive the Access
Fee, by way of the City, as provided in the previous section (the Access Fee together with the
Public Contribution, the "Performance Incentive Payment'). The Performance Incentive
Payment will be paid by the Authority to the financial institution from which the Developer
acquired its gap financing. The Authority will not pay the Public Contribution to the financial
institution unless and until it receives the Access Fee from the Developer. The Performance
Incentive Payment shall not be prd ' �i to the Developer directly. The Performance Incentive
Payment may only pay principal and interest upon the Qualified Gap Financing and shall not be
directed to pay any fees or charges of any kind.The Performance Incentive Payment will be subject
to any restrictions or limitation set forth in Virginia Code §58.1-3851.1, but so long as the
requirements of Virginia Code §58.1-3851.1 are met the Performance Incentive Payments shall
continue. The Performance Incentive Payment shall cease at the time the gap financing has been
paid. Any refinancing or material change in such financing may result in the termination of the
Performance Incentive Payment. Both the City,Authority(Applicant) and Developer agree to pay the
their contributions and access fees towards principal and interest on the gap financing and any excess
amounts collected towards principal on the gap financing until the gap financing is paid in full,set forth in
3
6.9.26
§58.1-3851.1 of the Code of Virginia pertaining to the entitlement of certain state tax revenue from tourism
projects
5. Non-Recourse to Authority, Citv, and State. As provided by Virginia Code
§58.1-3851.1,the Developer is responsible for the repayment of the Qualified Gap Financing,and
there is no recourse for this debt against the Authority,the City, or the State.
6. Non-Appropriation. It is understood and agreed between the Parties to this
Agreement that the City and the Authority shall only be bound and obligated hereunder to the
extent that funds required to be paid or remitted by the City or the Authority are appropriated and
budgeted by the appropriate governing body.
7. Proiect Information and Right to Audit. The Developer shall provide any
information required or needed to assist in obtaining certification by the State Comptroller and the
Treasurer of the Authority, or other appropriate officer of the Authority, for entitlement to the one
percent(1%)of sales and use tax,from the both the City and the State,on transactions taking place
or arising from the Project. The Developer shal I file with the Treasurer of the Authority, or other
appropriate officer, an annual Performance Report by March 1 of each year, which will contain
sufficient documentation to establish compliance with all criteria of this Agreement.The Authority
will provide the Performance Report to the Virginia Resources Authority("VRA"). The Authority
will submit an annual certification of the Developer's performance under this Agreement.
The Authority shall have the right to audit books and records (in whatever form they may
be kept, whether written, electronic or other) specifically pertaining to gross sales figures of the
Project as relevant to this Agreement (including any and all documents and other materials, in
whatever form they may be kept, which support or underlie those books and records), kept by or
under the control of the Developer, including, but not limited to, those kept by the Developer, its
employees,agents,assigns, successors and sub-users.Any Authority requested audit will be at the
expense of the Authority and will be conducted after reasonable advance written notification is
given to the Developer. The Developer shall maintain such books and records,together with such
supporting or underlying documents and materials, for the duration of this Agreement and for at
least five years following the completion of this Agreement, including any and all renewals
thereof. The books and records, together with the supporting or underlying documents and
materials,shall be made available,upon request,to the Authority,through their employees,agents,
representatives or other designees,during normal business hours at the Developer's office or place
4
6.9.26
of business in Virginia Beach, Virginia. In the event that no such location is available, then the
books and records, together with the supporting or underlying documents and records, shall be
made available for audit at a time and location in Virginia Beach, Virginia, which is convenient
for the Authority. This paragraph shall not be construed to limit, revoke, or abridge any other
rights, powers, or obligations relating to audit which the Authority may have by State, City or
Federal statute, ordinance, regulation or agreement, whether those ri hts, powers or obligations
are express or implied.
8. Default; Right to Cure. In the event of any default by the Developer under this
Agreement,the Authority or the City will provide written notice of default and the Developer shall
have a period of thirty (30) days to cure such default, except that if the default cannot be cured
within such thirty (30) day period, then the Authority in its reasonable discretion may permit the
Developer to continue to cure such default until completed. If such default is not cured, then the
Authority orthe City shall notify the State Comptroller and as its sole and exclusive remedy against
the Developer under this Agreement the Authority or the City may revoke or terminate this
Agreement.Upon any termination or similar event, any Performance Incentive Payment earned to
the date of such notice of default shall be processed and provided in accordance with this
OR
Agreement. F,
9. Assignment. This Agreement is binding upon and shall insure to the benefit of the
Parties and their respective successors and assigns. The Developer may assign this Agreement,
with the prior written consent of the Authority and the City, which consent shall not be
unreasonably withheld.
6, 10. Nondiscrimination; Drug-Free Workplace.
A. During the Term of this Agreement,the Developer agrees as follows:
(i) The Developer will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, national origin, age, disability, or
any other basis prohibited by state law relating to discrimination in employment, except where
there is a bona fide occupational qualification/consideration reasonably necessary to the normal
operation of the Developer. The Developer agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
(ii) The Developer in all solicitations or advertisements for employees
5
6.9.26
placed by or on behalf of the Developer, will state that the Developer is an equal opportunity
employer.
(iii) Notices, advertisements and solicitations placed in accordance with
federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the
requirements herein.
(iv) The Developer will include the provisions of the foregoing
subsections(i),(ii)and(iii)in every contract,subcontract,or purchase order of over Ten Thousand
Dollars($10,000.00), so that the provisions will be binding upon each contractor,subcontractor or
vendor.
B. During the performance of this Agreement, the Developer agrees as
follows:
(i) The Developer rovide _a rug-free workplace for the
Developers employees.`
(ii) The Developer will provide in its employee handbook, available to
employees and applicants for employment, a statement notifying employee to the effect that the
unlawful manufacture, sale, distribution,dispensation, possession,or use of a controlled substance
or marijuana is prohibited in the Developer's workplace and specifying the actions that will be
taken against employees for violations of such prohibition.
(iii) The Developer will include the provisions of the foregoing
subsections,(i),(ii)and (iii) in every contract, subcontract or purchase order of over Ten Thousand
Dollars($10,000.00), so that the provisions will be binding upon each contractor,subcontractor or
vendor.
(iv) The Developer will state in all advertisements or solicitations for
employees that the Developer maintains a drug-free workplace.
11. Notification By Authority. The Authority agrees to notify the State Comptroller
and the State Tax Commissioner when the debt from the Qualified Gap Financing is retired and
the Project is no longer eligible to receive tax revenues to repay such Qualified Gap Financing.
12. Entire Agreement. This Agreement contains the entire understanding of the
parties with respect to the matters covered by this Agreement and no conflicting agreement,
statement,or promise made by any party or to any employee, officer, or agent of any party which
is not contained in this Agreement shall be binding or valid.
6
6.9.26
13. Amendments. This Agreement may be modified only by a writing signed by the
Parties.
14. Notices. All payments,sums,notices,demands,reports,or requests from one party
to another may be personally delivered or sent by mail, certified or registered, return receipt
requested,postage prepaid to the addresses below, and shall be deemed to have been given at the
time of personal delivery or at the time of receipt.
._.
All notices, demands, or requests from a Party to the Authority shall be given to the
Authority: City of Virginia Beach Development Authority
Attention Chair
4525 Main Street, Suite 700
Virginia Beach, VA 23462
With copy to: City of Virginia Beach
Attn: City Attorney
2401 Courthouse Drive, Bldg. 1
Virginia Beach, VA 23456
All notices, demands, or requests from a Party to the City shall be given to the
City: City of Virginia Beach
Attn: City Manager
2401 Courthouse Drive, Bldg. 1
Virginia Beach, VA 23456
With copy to: City of Virginia Beach
Attn: City Attorney
2401 Courthouse Drive, Bldg. 1
Virginia Beach, VA 23456
All notices, ands, or requests from a Party to the Developer shall be given to the
Develope v` CLM Watermans Hotel, LLC
Attention:
415 Atlantic Avenue
Virginia Beach, VA 23451
With a copy to: Sykes, Bourdon,Ahern&Levy, P.C.
R. Edward Bourdon, Jr., Esq.
4429 Bonney Road, Suite 500
Virginia Beach, VA 23462
7
6.9.26
Either party may change its address for notices from time to time by giving notice of its new
address to the other party pursuant to this paragraph.
15. Relevant Law-Venue.
A. This Agreement shall be deemed to be a Virginia contract and shall be
governed as to all matters whether of validity, interpretations, obligations, performance or
otherwise exclusively by the laws of the Commonwealth of Virginia,and all questions arising with
respect thereto shall be determined in accordance with such laws. Regardless of where actually
delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by
the Parties in the Commonwealth of Virginia.
B. The Developer shall comply all federal, state and local statutes,
ordinances,and regulations now in effect or hereafter adopted,in the performance of its obligations
set forth herein. The Developer further expressly represents that it is a Virginia limited liability
company duly organized and existing under the laws of Virginia, will so remain throughout the
term of this Agreement and is authorized to transact business in the Commonwealth of Virginia.
C. Any and all suits for any claims or for any and every breach or dispute
arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction
in the City of Virginia Beach or in the United States District Court for the Eastern District of
Virginia,Norfolk Division. r
p
RE E THIS PAGE INTENTIONALLY LEFT BLANK ]
:$ o
:;
8
6.9.26
IN WITNESS WHEREOF,this Agreement has been executed on behalf of the
Authority,and the Developer as of the date first set forth above.
AUTHORITY:
THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY,a political
subdivision of the Commonwealth of Virginia
By:
Chair/Vice Chair
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH �-- N, ,
The foregoing Performance A mt was ac edged before me this day of
IMF,$ �
2026, by air / Vice Chair of the Virginia
Beach Development Authorit
y,ty, a political"' divis Co wealth of Virginia.
.,NOTARY PUBLIC
My Commission Expires: '
My Registration Number: I
APPRO TO CON T: APPROVED AS TO LEGAL
z
SUFFICIENCY:
Economic Development City Attorney
9
6.9.26
CITY:
THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia
By:
City Manager/Authorized Designee
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
n,,ro
The foregoing Performance Agreement was acknowledged before me this day of
, 2026, by , City Manager / Authorized
Designee of the City of Virginia Beach,a municipal corporation of the Commonwealth of Virginia.
NOTARY PUBLIC
My Commission Expires:
My Registration Number:
APPROVED AS TO CONTENT$ °� a PPROVED AS TO CONTENT:
b
Budget&Management Services Finance Department
IKIP
APPROVED A E rs
SUFFICIENCY: '
N�
N
City Attorney
10
6.9.26
DEVELOPER:
CLM WATERMANS HOTEL,LLC
a Virginia limited liability company
By:
Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
The foregoing Performance Agreement was acknowledged before me this day of
,2026,by , as of CLM Watermans
Hotel, LLC,a Virginia limited liability company, on its behalf.
NOTARY PUBLIC
My Commission Expires:
My Registration Number:
A�P
d
t.
11
6.9.26
EXHIBIT A
HOTEL INDIGO
The Developer will close the existing hotel on the Property and redevelop and operate it as
a Hotel Indigo with approximately_to rooms with the following minimum investment and
job creation:
a. The Project will support the employment of approximately 45 year-round
employees with seasonal employees rising to approximately 75.
b. The Developer will provide a minimum investment of approximately $19 million
in the Project.
C. All obligations of the Authority and/or City herein are contingent on Developer in
fact obtaining a minimum of seventy-three and eight-tenths percent (73.8%) of funding for the
Project through debt and equity and meeting all other requirements of Virginia Code §58.1-3851.1.
44 -1
P,
Opt"
h
a ON
12
6.9.26
EXHIBIT B
QUALIFIED GAP FINANCING
The Qualified Gap Financing is: $5,000,000
The Parties expect annual sales of: $15,000,000
The State portion is estimated to be: $150,000
The City portion is estimated to be $150,000
The Developer(Access Fee)portion is estimated to be$150,000
For purposes of calculating the expectations set for in this exhibit, an interest rate of 6% applies.
The Project comes on line in fourth quarter 2027.
Accordingly, the expectation of the Parties is for amortization to take years with the below as a
rough estimate. _
Principal Interest Total Debt Gap Pam Debt less Payments
2027 $5,000,000 �.
2028 $ i �.
2029 $
2030 $ $
2031 $
2032
2033
2034
2035
2036
2037 ,.
2038
2039 "
2040
2041
2042
2043
2044
2045
2046
13
26
ITEM— V.J.4
ORDINANCESMESOL UTION
ITEM#78450
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to GRANT a Franchise Agreement to Pinky' LLC re pedal cab taxi service in the
Resort Area
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
I AN ORDINANCE GRANTING A FRANCHISE AGREEMENT
2 TO PINKY'S LLC FOR PEDAL CAB OPERATION IN THE
3 RESORT AREA
4
5 WHEREAS, the use of bicycles, surreys, and other forms of pedal vehicles has
6 become a popular, convenient, and eco-friendly form of transportation in the Resort
7 Area; and
8
9 WHEREAS, many visitors and residents cannot take advantage of pedal vehicles
10 due to age or health issues; and
11
12 WHEREAS, public transportation is not available to many of the restaurants
13 located on Rudee Inlet, and taxi service is slow due to traffic congestion; and
14
15 WHEREAS, the City previously granted franchise agreements to pedal cab
16 operators in 2009, 2013, and 2014; and
17
18 WHEREAS, Pinky's LLC recently submitted a proposal to the City to conduct a
19 bicycle-style rickshaw pedal cab taxi service on public property in and around
20 t h e Resort Area ("Pedal Cab Service"); and
21
22 WHEREAS, Pinky's is requesting a franchise to offer Pedal Cab Service at
23 various locations throughout the Resort Area for a period of one year with the option for
24 one additional one-year term; and
25
26 WHEREAS, Pedal Cab Service will operate as a pilot program and will provide
27 an additional transportation amenity for visitors and residents visiting the Resort Area;
28 and
29
30 WHEREAS, operating criteria are included in the franchise agreement to ensure
31 public safety and to minimize conflict with other pedal vehicles; and
32
33 WHEREAS, City staff recommends approval of a one-year franchise agreement
34 with the option for one additional one-year term; and
35
36 WHEREAS, at the end of the one-year term, City staff will evaluate the pedal
37 cab operation and adjust as needed to ensure the success of the operation.
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
40 VIRGINIA BEACH, VIRGINIA:
41
42 1. That the City Council hereby grants a franchise agreement for pedal cab
43 operation to Pinky's LLC.
44
45 2. That the City Manager, or designee, is hereby authorized to execute a
46 franchise agreement with Pinky's, LLC in accordance with the attached
47 Summary of Terms and such other terms and conditions deemed necessary
48 and sufficient by the City Manager and in a form approved by the City
49 Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h
day of June , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
-" 04WO(A/ , 44z
Conv an Vi 'tors Bureau City Attorney's Office
enti
pAr �
CA17254
R-1
June 3, 2026
Summary of Terms
Franchise Agreement for Pedal Cab Operation in the Resort Area
Franchisee: Pinky's LLC
Nature of Franchise: Pedal Cab Operation in the Resort Area
Term: Effective upon execution of franchise for one year
Franchise Fee: $0.00
Non-Exclusive Franchise: The City is authorized to grant other franchises in the subject area.
Number of Pedal Cabs: Minimum of 1 maximum of 20 pedal cabs shall be operated between 10:00
am and 3:00 am.
Area of Operation: Pedal cab pick-up service may be offered along: (1)the bike path in the trolley lane
on Atlantic Avenue, between Rudee Inlet and 42nd Street;2)Winston Salem Ave, 18th Street, 19d' Street,
20d' Street,25d' Street,3 1"Street,32nd Street,401 Street; and 3)9th Street,between Atlantic Avenue and
Birdneck Road,utilizing the multi-use trail only(collectively, "Premises").
Operational Criteria: The Agreement stipulates operational standards and safeguards including:
• Pedal cabs shall be maintained in good working order and shall be aesthetically pleasing.
• Pedal cabs shall have a proper working braking mechanism,headlights.and taillights.
• Pedal cabs shall be subject to the operational and equipment requirements for bicycles and e-
bicycles set forth in Virginia Code Section 46.2-1015 and the Code of the City of Virginia Beach,
including,but not limited to, Section 7-64
• Pedal cabs shall be operated at a maximum speed of twenty-five(25)miles per hour.
• Pedal cabs shall display a reflective"slow moving vehicle emblem"on the rear of the vehicle. A
rear blinking red light and front facing steady white light will always be present and operational,
similar to daytime running lights.
• All pedestrians shall have the right of way and the Franchisee shall make every reasonable effort
to protect the public's safety.
• No pedal cab loading or unloading,or settling of bills,shall be done on Atlantic Avenue or travel
portion of any roadway in the resort area.Loading and unloading along Atlantic Avenue will be
conducted in connector parks and the 100 blocks of Atlantic Avenue,and for destinations off
Atlantic Avenue within the designated pedal cab travel areas, loading and unloading shall take
place in a safe location as close to the sidewalk as reasonably possible.
• Pedal cabs shall be prohibited from staging in travel portions of public streets and sidewalks.
Staging areas for pedal cabs shall be in non-travel portions of public streets,connector parks,and
in streets on the one hundred blocks,where public access is available.
• Pedal cab operators shall carry on their person,at all times during the operation of a pedal cab, a
copy of the Operational Criteria contained herein.
• Pedal cab operators must be present with passengers at all times during the Pedal Cab Service.
• Franchisee shall provide to each of its employees attire which appropriately identifies the pedal cab
ride operation. Such attire shall be approved by the CVB Resort Management Office.
• Franchisee shall not sell, solicit, offer, distribute, or provide any information, written or oral,
regarding any operation or service in connection to time shares,vacation packages, lodging
accommodations,hotels,motels,inns,campgrounds,restaurants,retail stores and entertainment
establishments.
• Persons operating pedal cabs are prohibited from consuming alcohol and from using earphones
and/or cell phones while operating a pedal cab.
• F r a n c h i s e e shall post a sign in each pedal cab identifying the service fee,if any,for
services provided.
• Changes in the operational criteria shall require prior written approval of the City.
• Persons operating pedal cabs shall follow all guidelines given by pedal cab manufacturers
regarding pedal cab capacity.
Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability.
Insurance: $2,000,000 combined single limits.
Termination: City may terminate agreement for cause.
27
ITEM— VJ5
ORDINANCES/RESOLUTION
ITEM#78451
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to RE ADOPT the Policy re remote participation by City Council Members in
Council Meetings
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE READOPTING A POLICY FOR REMOTE
2 PARTICIPATION BY COUNCILMEMBERS IN COUNCIL
3 MEETINGS
4
5 WHEREAS, in March 2020, the City Council adopted a Policy for Remote
6 Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the
7 Virginia Freedom of Information Act ("FOIA"), and the Council adopted revised versions
8 of the Policy in 2021, 2024, and 2025; and
9
10 WHEREAS, the FOIA requires the Council to re-adopt the Policy at least once
11 annually.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA, THAT:
15
16 The City Council hereby adopts the attached Policy.
17
Adopted by the City Council of the City of Virginia Beach, Virginia on the 16th
day of rune 12026.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA17253
R-1
May 29, 2026
G% IA'$�c
h!
4 L
01
CityCouncil Policy
Title: Policy for Remote Participation by Councilmembers in Council Meetings
Date of Initial Adoption: March 31,2020 Dates of Revision or Re-adoption: Page 1 of 2
June 15,2021;June 18,2024;
June 17,2025
1.0 Purpose and Need
The purpose of this policy is to enable members of the City Council to participate in City Council
meetings remotely, by electronic communication means, in accordance with the Virginia Freedom
of Information Act.
2.0 Policy
It is the policy of the Virginia Beach City Council that individual members of the Council may
participate in Council meetings by electronic means as permitted by Virginia Code§ 2.2-3708.3 or
its successor provision. This policy shall apply to the entire membership and without regard to the
identity of the member requesting remote participation or the matters that will be considered or
voted on at the meeting.
2.1 The Request and Eligibility Criteria
Whenever an individual member wishes to participate from a remote location, the member shall
notify the Mayor and the City Clerk on or preferably before the day of the meeting that (1) the
member is unable to attend the meeting due to a temporary or permanent disability or other medical
condition that prevents the member's physical attendance or due to a family member's medical
condition that requires the member to provide care for such family member, thereby preventing the
member's physical attendance ("medical reason"); (2) the member is a "caregiver," which means
an adult who provides care for a person with a disability as defined in Virginia Code § 51.5-40.1
and is related by blood, marriage, or adoption to, or is the legally appointed guardian of, the person
with a disability for whom the member is caring, and the member must provide care for the person
with a disability at the time the public meeting is being held, thereby preventing the member's
physical attendance; or (3) the member is unable to attend due to a personal matter and the
member identifies with specificity the nature of the personal matter ("personal reason").
Participation for a personal reason is limited to two meetings per calendar year or 25% of the
meetings held per calendar year, rounded up to the next whole number, whichever is greater.
2.2 Quorum and Minutes Requirements
A quorum of the Council must be physically assembled at the primary meeting location to enable
remote participation by a member, and arrangements must be made for the voice of the remote
participant to be heard by all persons at the primary meeting location. For purposes of determining
whether a quorum is physically assembled, an individual member of a public body who is a person
Title: Policy for Remote Participation by Councilmembers in Council Meetings
Date of Initial Adoption: March 31,2020 Dates of Revision or Re-adoption: Page 2 of 2
June 15,2021;June 18,2024;
June 17,2025
with a disability as defined in Virginia Code § 51.5-40.1 or a caregiver as defined above and uses
remote participation counts toward the quorum as if the individual was physically present. When
audio-visual technology is available, a member of the Council shall, for purposes of a quorum, be
considered absent from any portion of the meeting during which visual communication with the
member is voluntarily disconnected or otherwise fails or during which audio communication
involuntarily fails.
The reason that the member is unable to attend the meeting and the remote location from which
the member participates shall be recorded in the meeting minutes. If the reason for the remote
participation is a medical reason, the minutes shall include a statement that a temporary or
permanent disability or other medical condition prevented the member's physical attendance at the
primary meeting location or that a family member's medical condition required the member to
provide care for such family member, thereby preventing the member's physical attendance. The
minutes do not need to include the specific disability or medical condition or, if applicable, the
identity of the family member. If instead the member is unable to attend due to a personal reason,
the minutes must include the specific nature of the personal matter.
2.3 Challenges
If a member's proposed participation from a remote location is challenged by another member as
being inconsistent with this policy, then the Council shall vote on whether to allow such
participation. If the Council votes to disapprove the member's remote participation because such
participation would violate this policy, such disapproval shall be recorded in the minutes with
specificity.
2.4 Annual Readoption
This policy must be adopted or readopted at least once annually.
28
ITEM— V.J.6
ORDINANCES/RESOLUTION
ITEM#78452
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2026 re view
each street or alley proposed to be closed
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR
2 ONE-YEAR TERMS BEGINNING JULY 1, 2026, TO VIEW
3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED
4
5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers
6 shall be appointed each year to serve terms of one year beginning July 1 to view each
7 and every street or alley proposed to be altered or vacated during the term;"
8
9 WHEREAS, it is the desire of the City Council to appoint the Directors of the
10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers
11 for one-year terms, beginning July 1, 2026 and ending June 30, 2027; and
12
13 WHEREAS, a director may delegate such appointment, and the Director of Parks
14 and Recreation intends to delegate his appointment to a Planner III in the department.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 That the Director of Planning, the Director of Public Works and the Director of
20 Parks and Recreation of the City of Virginia Beach are each hereby appointed as a
21 viewer to serve a one-year term beginning July 1, 2026 and ending June 30, 2027, to
22 view each and every application to close a street or alley, and to report in writing their
23 opinion of what inconvenience, if any, would result from discontinuing the street or alley
24 or portion thereof. The Directors may delegate such appointment to a member of their
25 department.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th
day of June , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
4emeyEoR�Planr&g ty torney's Office
CA17255
R-1
June 3, 2026
29
ITEM— V J.7
ORDINANCES/RESOLUTION
ITEM#78453
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to EXTEND the date for satisfying the conditions in the matter of Starling BESS
Energy,LLC re closure of approximately 29,601 square feet of an improved right-of-way known as Windy
Willow Court
a
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE EXTENDING THE DATE
2 FOR SATISFYING THE CONDITIONS IN THE
3 MATTER OF STARLING BESS ENERGY, LLC
4 FOR THE CLOSURE OF APPROXIMATELY
5 29,601 SQ. FT. OF AN IMPROVED RIGHT-OF-
6 WAY KNOWN AS WINDY WILLOW COURT
7
8 WHEREAS, on July 8, 2025, the Council of the City of Virginia Beach acted upon
9 the application of Starling BESS Energy, LLC, a Delaware limited liability company (the
10 "Applicant") for the closure of approximately 29,601 Sq. Ft. of an Improved Right-of-Way
11 known as Windy Willow Court (the "Right-of-Way"), for the purpose of incorporating the
12 closed area into the adjoining property for the development of a battery energy storage
13 system facility;
14
15 WHEREAS, City Council adopted an Ordinance (ORD-3815X) to close
16 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain
17 conditions being met on or before July 7, 2026; and
18
19 WHEREAS, on May 27, 2026, the Applicant requested an extension of time to
20 satisfy the conditions to the aforesaid street closure action.
21
22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
23 Beach, Virginia:
24
25 That the date for meeting conditions of closure as stated in the Ordinance
26 adopted on July 8, 2025 (ORD-3815X), upon application of Starling BESS Energy, LLC,
27 is extended to July 7, 2027.
28
29 Adopted by the Council of the City of Virginia Beach, Virginia, on this 16th day
30 of ,Tune , 2026.
31
32 No GPIN assigned (City Right-of-Way)
33 Adjacent to GPINs: 1495-25-1787, 1495-26-5319, 1495-26-0302 & 1495-36-3419
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Planning Department City Attorn y
CA17164
June 2, 2026
Exhibit A /
S
h
\�\ DENOTES My VALLOW COURT (50' R/W)
!rlrlDY!✓lLLO!✓FaeysLC KOPOAC TO BE CL05ED, AREA=29,601 5F OR
0.LOT 22 ,ri
(w lze, 6) \
0PIN!l95-26-0we \ \ ,WIZ&C-O N, MUTZe
U.l 20'HRSD EASEMENT ama INL`L7?llm 4r6ypT
(D.B. 1402, PG 398) Nefflly TA.'U5l
�s3 f a \\ l/A5T 24I2090t�10!/6,�OJ
LOT 2!
APPROX. LOCAAON OF
VFPCO POLE LINE EASEMENT
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(D.B. 1733, PG. 303) �. ' \ `p6 \ (iy'9 197 IT 2s)
\'I ,� ?s W s\ (NB 2a6, N 77J
OW
20'PUBLIC DRAINAGE
EASEMENT M,B. �/ \( 128, PG, 8)
20'PUBLIC
WINDY WILLOW COURT - �' , DRAINAGE EASEMENT \\
� '� M B 128, PG 8
(M8 128fDB 291`2D PG9757)(M8719 i� PG 23) l a' ' ( ' }
Me 846)
25 VEPCO EASEMENT
/�,y N v N�(DB 2890, PG 1
5T.4PL/1Y�' u / CD
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NO M97 p4 zoJ \ 4.
(OB 2557 K ANY �,'' VAR. MOTH PUBLIC DRAINAGE
V-4y 105-25-17W N1645'56'E I ' I EASEMENT(DB 2912, PG 765) &
44,23' �\ o VAR. MDTH VEPCO EASEMENT (DB
VAR. WIDTH PUBLIC DRAINAGE EASEMENT--, ao w 2890, PG 1846)
(U.B. 197, PG, 20)(D3 2912, PG 757) \\ :�- 15' WPC0 EASEMENT
15 WPCO EASEMENT
(D8 2890, PG I'845) j;; j\ (DB 2890, PG 1854)
(DB 2890, PG 1876)\-�-J -�� i /Cl
N:3,455,648.0! S7314'29'E
696.51
E:12,192,516.79 48.17'-" N:12,1 ,,621,7
E:12,192,621.75
DAM NECK ROAD
VAR, WIDTH R/W
(MR 128, PG 7)(08 291Z PG 765)(MB 197, PG 23)
(DB 2912, PG 757)(MB 197, PG 2D) 0' 100'
5EE SHEET 2 OF 2 FOR NOTE+5 MO CURVE TABLE 1' = 100,
EXHIBIT SHOVING
WINDY WILLOW COURT
l PROPOSED TO BE CLOSED
(MB 128, PG 8)
MRGINiA BEACH, NRGINIA
U-110EY J. NERRETHER:b' DATE:4 9 2025
Lie. No. 2306 `; ms GYM BY,
4/9/2025 CHECKED BY: JJY
ENO SURv yO
ENGINEERS I SCIENTISTS I SURVEYORS SCALE:1' = 100'
032 ROUSE DRIVE,SUITE 2001 VIRGfNIA BEACH,VA 23452 ,W1 17004E
757.490.92641 If,SAON(INEXOM SHEET: 1 OF 2
I. THI5 EXN181T WAS CREATED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THEREFORE MAY NOT SHOP!
ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY A5 SHOWN.
2. THIS EXHW DOES NOT CONSTITUTE A BOUNDARY 5URYEY OR 5U5DMSION OF LAND. PROPERTY LINES WERE
E5TABUMED FROM RECORDED PUTTS AND DEEDS,
3. THE PURPOSE OF THIS EXHIBIT 15 TO 5HOW THE STREET CLOSURE OF WINDY WILLOW COURT.
4. NORTH MERIDIAN SHOWN HEREON 5 BA5E0 ON VfMMA STATE PANE COORDINATE 5Y5TEM, SOUTH ZONE t"/93
HARN. COORDINATE VALUES AND LPNWS/015TANM SHOWN ARE EXPRESSED RL U.5. SURVEY FEET,
CURVE TABLE
CURVE RADIUS LENGTH BEARING CHORD DELTA TANGENT
Cl 1,355,24' 115.64' S6512'45'W 115,61' 4'53'20' 57.86'
C2 187.49' 118.18' N4554'37'W 116,38' 36109'39' 61.21'
C3 50.00' 36,14' N85'S0'04'WX7.2
1'24'35' 18.90'
C4 50.00' 229.35' N25'38'51'E62'49'18' 56.69'
C5 50.DO' 36.14' S4427'38'E1'25'03' 18.90'
C6 237.49' 149.70' S4555'58'E6'06'S7' 77.43'
P,AR}CYtgy
B CK R l +:
" BOULEVARD l SHIPPS
CORNER ROAD
DRAKESMILE
ROAD
t
j HtkIAND
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DAM NECK
ROAD
SOUTH
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ROAD :
LOCATION MAP — SCALE: 1" = 2,000'
EXHIBIT SHOWING
WINDY WILLOW COURT
�ip'1'TH aF yj PROPOSED TO BE CLOSED
�� (MB 128, PG 8)
MRQNIA BEACH, MRGINIA
UJETFREY J. 41ERREMER� DATE:4 9 2025
Lic. No. 2306 •`c.�MSA DWN BY.,cis
4/9/2025 CHECKED BY. M
`��� SUR�F�O� ENGINEERS I SCIENTISTS I SURVEYORS SCALE:
1�00--DNA
032 ROUSE DRIVE,SUITE 200 1 ViRG MA BEACH,I A 23462
757.490,92(A I M&AWILINE.COM ISHEET, 2 OF 2
30
ITEM— V J.8
ORDINANCES/RESOLUTION
ITEM#78454
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,AS
AMENDED, BY CONSENT, Ordinance to AUTHORIZE the Virginia Beach Development Authority
(VBDA) to utilize up to $1.9-Million of existing appropriations within CIP 100059, "Resort Parking
District"to fund the pre-development phase re development of a structured public parking facility at 19`h
Street and Parks Avenue
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent.-
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 ORDINANCE AUTHORIZING THE CITY OF VIRGINIA
2 BEACH DEVELOPMENT AUTHORITY TO UTILIZE CIP
3 100059 TO FUND THE PRE-DEVELOPMENT PHASE
4 FOR THE DEVELOPMENT OF A STRUCTURED
5 PARKING FACILITY AT 19TH STREET AND PARKS
6 AVENUE
7
8 WHEREAS, providing additional public parking at the Virginia Beach Oceanfront
9 has been a long-term priority of the City Council;
10
11 WHEREAS, towards that end, City Council established Capital Project 100059,
12 "Resort Parking District";
13
14 WHEREAS, at the request of City Council, the City of Virginia Beach
15 Development Authority (the "VBDA") issued a Request for Proposals, RFP-VBDA-01-25
16 ("RFP") seeking proposals for construction of a public parking facility with private
17 commercial retail space on City-owned property located at 19th Street and Parks Avenue
18 (the "Project");
19
20 WHEREAS, after consideration of all responsive proposals, City Council directed
21 staff to develop mutually agreeable terms with The Runnymede Corporation (the
22 "Developer");
23
24 WHEREAS, the parties have negotiated proposed terms as set forth in the non-
25 binding term sheet (the "Term Sheet"), a draft of which is attached hereto as Exhibit A;
26
27 WHEREAS, as set forth in the Term Sheet, City staff and Developer have
28 determined that achieving 35% design for the Project would allow them to obtain a firm
29 guaranteed maximum price ("GMP") for the Project;
30
31 WHEREAS, the parties propose entering into a pre-development phase to
32 accomplish 35% design and obtain the GMP for the elements of the Project prior to
33 approval of the definitive terms for the Project;
34
35 WHEREAS, the City's contribution for the pre-development stage would be
36 capped at $1,900,000 and the Developer's contribution would be capped at $308,000;
37
38 WHEREAS, at the conclusion of the pre-development phase, a final Term Sheet,
39 including the GMP and any other modifications identified during the pre-development
40 phase, would be presented to the VBDA and City Council for approval; and
41
42 WHEREAS, City Council is of the opinion that entering into the pre-development
43 phase would promote the successful development of the Project and further Council's
44 goal of additional public parking at the oceanfront.
45
46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
47 VIRGINIA BEACH, VIRGINIA,
48 1. The City Council hereby authorizes the City of Virginia Beach Development
49 Authority to utilize up to $1,900,000 of existing appropriations within CIP 100059, Resort
50 Parking District, for the pre-development costs of the Project as contemplated by the
51 draft Term Sheet, attached hereto as Exhibit A, and made a part hereof.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16thday of
54 June , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Econo is Development City Attorney
CA17162
11v bg ov..comldfsl la pplic atio nslcitylawtcycom 321wpdocs1d0291p052101 1 3 5 1 59.doe
R-1
June 5, 2026
EXHIBIT A
DRAFT
191h and Parks Avenue Parking
Term Sheet
The City of Virginia Beach("CjV")and the City of Virginia Beach Development Authority
("Authori ") have identified adding additional public parking at the Virginia Beach Resort as a
long-term goal. To that end, at the direction of the Virginia Beach City Council (the "City
Council"), on July 20, 2025,the Authority issued its RFP VBDA-01-25 seeking proposals for the
construction of a public parking facility on City-owned land located at the southeastern corner of
19t'Street and Parks Avenue adjacent to the Virginia Beach Convention Center(the "RIFF').
Responses to the RFP were due on October 20, 2025, and after a review of all responsive
submissions, City Council directed staff to attempt to develop mutually agreeable terms for the
development contemplated by the RFP with the team of respondents led by The Runnymede
Corporation or its Project affiliate ("Developer"). .�
This Term Sheet is an outline of terms. Moreover,this Term Sheet is not,nor is it intended
to be, an offer, an acceptance, or a binding agreement of any kind. To the contrary, this Term
Sheet is only a summary of the basic terms of a possible transaction, which may be agreed in
principle only. Although this Term Sheet identifies many of the material issues, any possible
transaction is complex and issues may arise during preparation and negotiation of definitive
documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations
among the parties will only be as specified in any definitive agreements that ultimately may be
approved by City Council, the Authority's board and the Developer's principals, and executed by
all of the parties. Any obligations of the City or Authority are subject to appropriation of sufficient
funds to meet that obligation by City Council. Additionally,none of the parties to this Term Sheet
are under any obligation or duty to attempt to negotiate a transaction or any related documentation
or, if such negotiations commence,to continue such negotiations. Nonetheless,by approving this
Term Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction
and the willingness to commence negotiation and preparation of definitive documentation toward
that end.
1. Project Description A. The "Project", defined below, is to be constructed on a portion
of City-owned property identified as GPIN: 2417-86-6932 (the
u�
"Project Area"),and shown on Exhibit A as"Project Area". The
exact dimensions on the Project Area to be determined during
the subdivision process necessary to create the various parcels
and right-of-way as contemplated by this Term Sheet.
B. Developer proposes the construction of a 1,048+/- space, multi-
level parking garage (the "Parking Garage"), adjoining 18,000
+/- square feet of retail (the "Retail") as shown on Exhibit A as
the"Parking Garage".
1
317836945
C. The placement of the Parking Garage will displace an existing
stormwater management facility. To support the stormwater
needs of the Parking Garage and potentially other development
in the vicinity as determined by the City, and replace the
stormwater facility being displaced, the Developer proposes
expanding or replacing the existing stormwater facility on land
west of the area identified as the Parks Avenue Extension and
north of 18th Street, and/or locating all or part of a new
stormwater facility under the Parks Avenue Extension described
below(in any such case,the"Stormwater Facility"). The exact
size, scope and location of the Stormwater Facility will be
agreed on early during the design process carried out under the
Pre-Development Agreement described below.
D. To enhance access to the Parking Garage and to improve traffic
flow in the Project Area,Parks Avenue would be extended south
from its existing terminus to 18th Street (the "Parks Avenue
Extension"), as shown on Exhibit A, if the Project is approved
by City Council and the Authority.
E. The "Project" shall mean the Parking Garage, the Retail, the
Stormwater Facility and the Parks Avenue Extension. The
"Public Components" of the Project shall mean the Parking
Garage, the Stormwater Facility and the Parks Avenue
Extension, but exclude the Retail.
F. A leasehold condominium regime for the Project Area will be
established based upon a 42-year ground lease of the Project
Area at the rental cost of$1.00 per year. The ground lease shall
be renewable for up to three (3) renewal terms of twenty (20)
years each.
G. The condominium shall include the Parking Garage as one
condominium unit and the Retail as the other. The Authority
will own,operate and manage the Parking Garage condominium
unit, and Developer will own, operate and manage the Retail
condominium unit. The Retail may be subdivided into multiple
privately-owned condominium units. The Authority will serve
as the declarant of the condominium regime, while Developer
will manage the condominium association in accordance with
the provisions of the condominium documents.
H. The parties will enter into a Pre-Development Agreement under
which Developer will, with the cooperation of the City and the
Authority, obtain, perform, develop or deliver (i) 35% design
development documents for the Parking Garage and the Retail,
ii a proposed guaranteed maximum price "GMP" for
2
31783694v5
construction of the Public Components, inclusive of Shared
Project Costs (defined below), (iii) a Project schedule,
(iv)environmental and geotechnical studies, (v) a utility
relocation plan, (vi)a traffic study, (vii) a survey and title
commitment,(viii)a preliminary design plan for the Stormwater
Facility and Parks Avenue Extension, and (viii)pre-leasing
commitments for the Retail. The cost payable by the Authority
to Developer under the Pre-Development Agreement for the
deliverables in respect of the Public Components and the
Authority's share of Shared Project Costs is estimated to be
$1,900,000, subject to adjustment based on which option the
City selects for the Stormwater Facility. Developer shall
contribute $308,000 for the deliverables under the Pre-
Development Agreements in respect of the Retail and its share
of Shared Project Costs.
2. Project. A. Developer shall complete the design and proceed with
Construction and construction of the entire Project pursuant to a design-build
Financing Development Agreement that contemplates Developer's award
of an architect contract to Hanbury Evans and separate
construction contracts to W.M. Jordan Company ("WMJ") for
the Public Components and the Retail, respectively. The
construction contract for the Public Components will set forth a
GMP as agreed by the parties during the Pre-Development
Agreement phase as described in Section 2 B. below. The
Authority must approve the architect contract and the Public
Components construction contract. Developer will manage and
administer the architect contract and the construction contracts,
but Developer shall assign to the Authority, and the Authority
shall assume from the Developer, all rights and obligations of
the Owner under the Public Components construction contract.
p In all events, the Authority must give prior approval to any
change orders under the Public Components construction
contract. Prior to site plan approval,the Authority shall approve
the design of Project.
B. During the Pre-Development Agreement phase,the parties shall
agree on a GMP for construction of the Public Components
w obtained through a mutually acceptable competitive process, in
which WMJ will be required to obtain multiple bids from the
major trades. Prior to agreement on a GMP, the Authority will
have the ability to review and approve all proposed costs (hard
and soft) for the design and construction of the Project, which
costs (including the Shared Project Costs) shall be allocated
between the Public Components and Retail as agreed upon by
the parties during the Pre-Development Agreement phase.
3
31783694v5
C. Currently, the parties estimate that the cost of the Public
Components (using the Developer's base case for the
Stormwater Facility), inclusive of the Authority's share of
Shared Project Costs, will not exceed $37,215,000 (based on a
cost of$35,510 per parking space), which estimate is inclusive
of design, construction, and a 5% development fee (the "Base
Case Public Component Cost") and the Authority's $1,591,637
contribution for Pre-Development Agreement phase costs.
However, the final cost of the Public Components will depend
on the City's choice among the available options for the
Stormwater Facility (any adjusted cost due to the City's
selection of the Stormwater Facility shall constitute the total
"Public Component Project Cost"). Any elements of the Project
shared by the Retail and the Public Components (e.g.,
stormwater,walls,elevators,etc.)will have their costs allocated
to the applicable condominium unit based on agreement of the
parties reached during the Pre-Development Agreement phase
("Shared Project Costs"). The portion of the Shared Project
Costs allocated to the Authority shall be included in the Public
Comp ent Project Cost.
� .
D. During design and construction, the Authority to make monthly
payments for work performed in respect of the Public
Components.
E. The Authority's obligations under the agreements contemplated
by this Term Sheet shall be expressly subject to appropriation of
sufficient funds by the City Council.
3. Operations and A. The Authority will manage and operate the Parking Garage as a
Maintenance public parking garage consistent with the other parking facilities
owned by the Authority in the resort area. The required
operations standard will be set forth in the condominium
documents and enforceable by the Unit owners and the
condominium association.
B. Once completed and accepted by the City, the City will operate
and maintain the Stormwater Facility as a part of its overall
stormwater management system. The Retail shall pay its
proportionate share of the operations and maintenance costs of
the Stormwater Facility, to be determined by agreement of the
parties during the Pre-Development Agreement phase.
C. On completion and acceptance by the City, the Parks Avenue
Extension to be dedicated as right-of way to the City and
operated as a public roadway.
4
31783694v5
D. Developer to have the right to lease sufficient spaces for reserved
use by the Retail patrons at rates as agreed upon by the parties
during the Pre-Development Agreement phase.
E. All elements of the Project are subject to change until the parties
enter into the design-build Development Agreement. The
parties to agree on the scope of work for the Public Components
in the approved deliverables under the Pre-Development
Agreement.
4. Next Steps A. City Council and Authority clos ,ry sion briefings.
B. Public briefing on proposed ec .
C. City Council votes on transfer of ProjArea to Authority
(supermajority required).
D. Authority and City vote to approve Term Sheet and authorize
the execution of a Pre-Development Agreement and
Development Agreement materially consistent with Term Sheet.
5
31783694v5
�L
0
{.
City of virgini a B teach
i T 7 77" i
61
Op OUR NATO
VBWv com
ROBERT W"WORTH"REMICK CELL:(757)840-5855
COUNCIL MEMBER EMAIL:WRemickOvboov.com
DISTRICT 6
File No. 0102706
June 16, 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, Section 2.2-3115(I),
Code of Virginia, I make the following declarations:
1. I am executing this written disclosure regarding the ordinance authorizing the
Development Authority to utilize CUP funds for the pre-development phase for a
structured parking facility at 10 Street and Parks Avenue.
2. The developer, Runnymede Corporation or its affiliates, is a client of Colliers
International Virginia, LLC ("Colliers"). I have a personal interest in Colliers
because I am an employee of the firm, and its address is 150 West Main Street,
Suite 1100,Norfolk, Virginia 23510.
3. I do not personally represent or provide services to any party to this transaction,
and the City Attorney's Office has advised me that the Act provides that I may
participate in the City Council's consideration of this ordinance.
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- June 16,2026
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 in this matter.
Sincerely,
lo)rth Remick
Councilmember
RWR/RRI
31
ITEM— VJ.9
ORDINANCESIRESOL UTION
ITEM 478455
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to AUTHORIZE temporary encroachment into City-owned property known as
Treasure Canal at the rear of 2204 Windward Shore Drive re maintain an existing vinyl bulkhead,a return
wall,wharf,overhead beam boadift with four(4)piles and electrical cable and to construct and maintain
a PWC lift,PWC electrical cable,gangway,floating dock,open-sided timber framed asphalt shingle roof
and four(4) additional support piles DISTRICT 8
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 CITY-OWNED PROPERTY KNOWN AS
6 TREASURE CANAL, LOCATED AT THE
7 REAR OF 2204 WINDWARD SHORE
8 DRIVE.
9
10 WHEREAS, David L. Bass, Jr. and Melissa Bass (collectively, the"Applicant")
11 request permission to maintain 129.7' of an existing vinyl bulkhead, 5.8' of an existing 8'
12 return wall, an existing 6' x 11' wharf, an existing 11' x 12' overhead beam boatlift with four
13 (4) piles, and a boatlift electrical cable, and to construct and maintain a 3' x 5' PWC lift with
14 a PWC electrical cable, a 3' x 15' gangway, an 8' x 16' floating dock, a 14' x 28' open-sided
15 timber framed asphalt shingle roof and four (4) additional support piles (collectively, the
16 "Temporary Encroachment") into City-owned property known as Treasure Canal, located at
17 the rear of 2204 Windward Shore Drive (GPIN. 2409-19-8185);
18
19 WHEREAS, a previous encroachment was approved by City Council on
20 March 5, 2024, by ordinance ORD-3762C, and an encroachment agreement was recorded
21 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument
22 Number 202403012981 (the "Prior Encroachment");
23
24 WHEREAS, the design of the Prior Encroachment has changed to what is
25 currently proposed since the Prior Encroachment was approved and it is therefore
26 appropriate to terminate the Prior Encroachment; and
27
28 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
29 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
30 the City's property subject to such terms and conditions as Council may prescribe.
31
32 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34
35 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
36 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs,
37 assigns and successors in title are authorized to construct and maintain the Temporary
38 Encroachment as shown on the map entitled: "EXHBIT A MAINTAIN EXISTING
39 BULKHEAD & BOATLIFT PILES. ENCROACHMENT REQUEST FOR PWC LIFT,
40 WHARF, GANGWAY, FLOATING DOCK, BOATLIFT ROOF,AND ELECTRICAL CABLES
41 LOCATED IN TREASURE CANAL IN BAY ISLAND," Scale: 1" = 30', dated May 2, 2025
42 and revised November 13, 2025, a copy of which is attached hereto as Exhibit A and on
43 file in the Department of Public Works and to which reference is made for a more particular
44 description;
45
1
46 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly
47 subject to those terms, conditions and criteria contained in the agreement between the City
48 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has
49 been presented to the Council in its agenda, and will be recorded among the records of the
50 Clerk's Office of the Circuit Court of the City of Virginia Beach;
51
52 BE IT FURTHER ORDAINED, that the City Manager or his authorized
53 designee is hereby authorized to execute the Agreement; and
54
55 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
56 such time as the Applicants and the City Manager or his authorized designee execute the
57 Agreement.
58
59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th
60 day of June , 2026.
61
CA16748
R-1
Prepared: 5/20/26
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
P BLI WORK , REAL ESTATE ASHLEY-LOREN GRANT
ASSOCIATE CITY ATTORNEY
2
TREASURE
g NO IN ASSNIF IGNED
OF VIRGIN
IN BAY ISLAND
z CANAL CENTERLINE
GNED, BEACH
o -—- NED M6.45 PG.37&37q
X EXISTING TIMBER WHARF--_E(LISTING ALUMINUM OVERHEAD
,�',�, PROPOSED 3'X5'STEEL PWC LIFT, BEAM BOATLIFTPILES 4 QTY
if 3'X15'ALUMINUM GANGWAY& & 134'VINYL BULKHEAD WITH - PROPOSED OPEN SIDED TIMBER
4°1- TIMBER FLOATING DOC RETUR WALLS FRAMED ASPHALT SHINGLE ROOF
_0 2.4' 7-/-4.1' 30.0' AND 4 ADDITIONAL SUPPORT PILES
D /
w LOT 64 17 12' `o11' _
MEAN TIDE RANGE
w ALUMINUM 45.08,j 16' `n 14.3' AT BULKHEAD
BULKHEAD& S72.41 3„ 30' 11 I
5'RETURN WALL
E 4.7' 13.4
(NOT PART OF THIS 92.32' S 79°03'36"E 17.39 r5.8'
ENCROACHMENT) 129.7'
PROPOSED PWC IFT PROPERTY LINE LOT 66
ELECTRICAL C BILE 0 10' 20' 30' TIMBER
BULKHEAD
SCALE: 1"= 30' (NOT PART OF THIS
SHED T S EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING ENCROACHMENT)
ONUMENTS COMBINED WITH THE COMPILATION OF EXISTING BOATLIFT
EEDS AND PLATS SHOWN HEREON AND DOES NOT ELECTRICAL CABLE
CONSTITUTE A BOUNDARY SURVEY.
w w
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/ O
OVERHEAD WIRE / INST# 202103090137 3°30'16" DELTA V_A
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/ EDGE OF ROAD S85°27'33"E CHORD BEARING Lic. No. 034674
L=125.00' SCD 0 3/4/2026
IPF ------__ R=2043,75'�I WATER METER �SS`IONAL WATER SUPPLY LINE
1355.41'TO WINDWARD SHOREi DRIVE IPF
50'ROW MB.45 PG.37&37A
COMPASS CIRCLE
ENCROACHMENT BY: EXHIBIT A PREPARED BY:
DAVID L BASS JR MAINTAIN EXISTING BULKHEAD WITH MARINE ENGINEERING LLC
& MELISSA BASS RETURN WALL, WHARF, BOATLIFT & 1932 CHARLA LEE LN
GPIN 2409198185 BOATLIFT PILES. ENCROACHMENT VIRGINIA BEACH, VA 23455
DEED INSTR#202103090, 37 REQUEST FOR PWC LIFT, GANGWAY, 757 477-4787
2204 WINDWARD SHORE DR FLOATING DOCK, BOATLIFT ROOF, SHEET 1 OF 1
VIRGINIA BEACH, VA 23451 AND ELECTRICAL CABLES LOCATED DATE: MAY 2, 2025
IN TREASURE CANAL IN BAY ISLAND REV 3: MARCH 4, 2026
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 7' 7-// day of 4PRIL, 2026, by
and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DAVID L. BASS, JR. and MELISSA
BASS, husband and wife, THEIR 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 "65" as shown on that certain plat entitled:
"SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA.
LYNNHAVEN MAGISTERIAL DISTRICT," Scale 1" = 100', dated February, 1958,
prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at
pages 37 and 37A, and being further designated, known, and described as 2204
Windward Shore Drive, Virginia Beach, Virginia 23451;
WHEREAS, the City granted a previous encroachment to the Grantee to
maintain 107' of an existing bulkhead and to construct and maintain 126' of timber
bulkhead with a 2' return wall, sand backfill and topsoil/turfgrass between walls, a 5.3' x
31' timber open pile wharf, a 12.5' x 12' timber pile overhead beam boatlift and a boatlift
electrical cable into a portion of City-owned property known as Treasure Canal, which is
GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED)
2409-19-8185 (2204 WINDWARD SHORE DRIVE)
recorded in the aforementioned Clerk's Office as Instrument Number 202403012981
("Prior Encroachment"); and
WHEREAS, it is proposed by the Grantee to maintain 129.7' of an
existing vinyl bulkhead, 5.8' of an existing 8' return wall, an existing 6' x 11' timber
wharf, an existing 11' x 12' aluminum overhead beam boatlift with four (4) piles, and an
existing boatlift electrical cable, and to construct and maintain a 3' x 5' Steel PWC lift
with a PWC electrical cable, a 3' x 15' aluminum gangway, an 8' x 16' timber floating
dock, a 14' x 28' open-sided timber framed asphalt shingle roof and four (4) additional
support piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach;
and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of City-owned
property known as Treasure Canal, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby revokes and terminates the Prior Encroachment and
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
2
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
MAINTAIN EXISTING BULKHEAD WITH RETURN WALL,
WHARF, BOATLIFT & BOATLIFT PILES.
ENCROACHMENT REQUEST FOR PWC LIFT,
GANGWAY, FLOATING DOCK, BOATLIFT ROOF, AND
ELECTRICAL CABLES LOCATED IN TREASURE CANAL
IN BAY ISLAND," Scale: 1" = 30', dated May 2, 2025, and
revised March 4, 2026, 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 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 routing maintenance
activities upon public property adjacent to 2204 Windward Shore Drive, 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 2204 Windward Shore Drive, Virginia Beach, VA
23451.
3
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments
referenced in the attached Exhibit or in this Agreement are the ongoing maintenance
obligation of the Grantee and the City disclaims any ownership interest or maintenance
obligation of such encroachments.
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.
4
The company providing the insurance must be registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days' written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the 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, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
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
5
($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, David L. Bass, Jr. and Melissa Bass, 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
, 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
My Notary Registration Number:
My Notary 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
My Notary Registration Number:
My Notary Commission Expires:
7
id L. Bass, Jr.
Melis a a s
STATE OF �f`� '�'C`
CITY/COUNTY OF ' , l'GC to-wit:
The foregoing instrument was acknowledged before me this �1 day of
2Q2� by David L. Bass, Jr. and Melissa Bass.
(SEAL)
Notary Public
My Notary Registration Number: �-163601 _ =o�p,RY P�♦���
My Notary Commission Expires: 01-31- QO?�b
2
� 1 Eiliiiioa�`� `,,•
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
P L C O KS — REAL ESTATE AS ]� L EN GgA
ASSOCIA E CIT TORNEY
8
m �REASL, CANAL IN B CITY OF
VIRGI AY ISLAND
CANAL CENTERLINE NO GPINASSIGNEDI MB 4EACH
37&37
0 __ - 7 q
./� EXISTING TIMBER WHARF EXISTING ALUMINUM OVERHEAD
mPROPOSED 3'X5'STEEL PWC LIFT, BEAM BOAFLIFT$PILES 4 QTY
TX15 ALUMINUM GANGWAY& &134'VINYL BULKHEAD WITH 8—- PROPOSED OPEN-SIDED TIMBER
TIMBER FLOATING DOC RETUR�1 WALLS FRA9EIIASPHALT SHINGLE ROOF
0 2.4 —/ 4.1' 30.0' AND 4 ADDITIONAL SUPPORT PILES
LOT 64 /17'
12' �o11, -7 o MEAN TIDE RANGE
w ALUMINUM 4 .08�IS 16' 14.3' AT BULKHEAD
a BULKHEAD& 72°47, 30, °13.4'
5'RETURN WALL 3 E 47 ``- 11'
(NOT PART OF THIS 82.32' S 79°0336 E 17.39 r 5.8'
ENCROACHMENT) 129.7'
PROPOSED PWC IFT PROPERTY LINE LOT 66
ELECTRICAL C BLE 0 10' 20' 30' TIMBER
BULKHEAD
SCALE: V= 30' (NOT PART OF THIS
SHED ENCROACHMENT)
T S EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING
ONUMENTS COMBINED WITH THE COMPILATION OF EXISTING BOATLIFT
EEDS AND PLATS SHOWN HEREON AND DOES NOT ELECTRICAL CABLE
CONSTITUTE A BOUNDARY SURVEY.
w w
THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR J
U VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER co
04 o ASSOCIATIONS OR AGENCIES.
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OVERHEAD WIRE i INST# 202103090137 3'30'16" DELTA
i/ MB45 PG 37&37A 65.52' TANGENT DISTANCE p
124.98' CHORD DISTANCE v DAVID KLEDZIK
EDGE OF ROAD S85°27'33"E CHORD BEARING Lic. No.034674
L=125.00' SCOT 3/4/2026
IPF '_ __ _ R=2043.75 �i WATER METER WATER SUPPLY LINE WINDWARD SHORERIV
DE T
1355.4l'TO 50'ROW MB.45 PG.37&37A IPF pNAL
COMPASS CIRCLE
ENCROACHMENT BY: EXHIBIT A PREPARED BY:
DAVID L BASS JR MAINTAIN EXISTING BULKHEAD WITH MARINE ENGINEERING LLC
& MELISSA BASS RETURN WALL, WHARF, BOATLIFT & 1932 CHARLA LEE LN
GPIN 2409198185 BOATLIFT PILES. ENCROACHMENT VIRGINIA BEACH, VA 23455
DEED INSTR#202103090137 REQUEST FOR PWC LIFT, GANGWAY, 757 477-4787
2204 WINDWARD SHORE DR FLOATING DOCK, BOATLIFT ROOF, SHEET 1 OF 1
VIRGINIA BEACH, VA 23451 AND ELECTRICAL CABLES LOCATED DATE: MAY 2, 2025
IN TREASURE CANAL IN BAY ISLAND REV 3: MARCH 4, 2026
32
ITEM— V J.10
ORDINANCES/RESOLUTION
ITEM#78456
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property
known as Bass Inlet, a/k/a Mill Pond and Mill Creek, and into a City-owned 5-foot drainage and utility
easement at 344 Back Bay Crescent re maintain an existing vinyl bulkhead with returns and concrete
patio, and to construct and maintain a timber floating pier,two(2)personal watercraft floats,aluminum
gangway, timber pier, 4-timber pile aluminum boat lift, timber open-sided roof structure and two (2)
personal watercraft lifts DISTRICT 2
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 CITY-OWNED PROPERTY KNOWN AS
6 BASS INLET (A/K/A MILL POND AND
7 MILL CREEK, GPIN: 2433-33-0267) AND
8 INTOACITY-OWNED 5' DRAINAGEAND
9 UTILITY EASEMENT AT 344 BACK BAY
10 CRESCENT
11
12 WHEREAS, David B. Bessey and Erin P. Bessey, Trustees of the Bessey
13 Revocable Trust dated November 5, 2025 (the "Applicant") have requested permission to
14 maintain an existing 56' of vinyl bulkhead (with 9.4' and 11.1' returns) and 52.7' of a
15 concrete patio, and to construct and maintain a 10' x 15' timber floating pier, two 5' x 12'
16 personal watercraft floats, a 4' x 12' aluminum gangway, a 12' x 16' timber pier, a 12' x 13'
17 4-timber pile aluminum boat lift, a 16' x 30' timber open sided roof structure and two 6' x 6'
18 personal watercraft lifts (collectively, the"Temporary Encroachment") into a portion of City-
19 owned property known as Bass Inlet(a/k/a Mill Creek/Mill Pond, GPIN:2433-33-0267)and
20 into a City-owned 5' drainage and utility easement at 344 Back Bay Crescent(GPIN 2433-
21 22-8768);
22
23 WHEREAS, previous encroachments to construct and maintain a boat lift,
24 four(4) piles, a pier and jet ski floats were approved on November 7, 2006 by ORD-2962A
25 and April 20, 2021 by ORD-3652A.
26
27 WHEREAS, upon approval of the Temporary Encroachment, the previous
28 approvals will be revoked and terminated; and
29
30 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
31 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
32 the City's property and easements subject to such terms and conditions as Council may
33 prescribe.
34
35 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
36 VIRGINIA BEACH, VIRGINIA:
37
38 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
39 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns
40 and successors in title are authorized to construct and maintain the Temporary
41 Encroachment as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT
42 REQUEST FOR AN EXISTING VINYL BULKHEAD AND CONCRETE PATIO, AND A
43 PROPOSED TIMBER FLOATING PIER, (2) PERSONAL WATERCRAFT FLOATS,
44 ALUMINUM GANGWAY, TIMBER PIER, ALUMINUM BOAT LIFT WITH A ROOFED
45 STRUCTURE AND (2) PERSONAL WATERCRAFT LIFTS FOR: DAVID B. BESSEY &
1
46 ERIN P. BESSEY, TRUSTEES OF THE BESSEY REVOCABLE TRUST 344 BACK BAY
47 CRESCENT BACK BAY MEADOWS SECTION 3 LOT 62 M.B. 67, PG. 45,"Scale: 1"=40',
48 dated October 7, 2025, prepared by Chesapeake Bay Site Solutions, a copy of which is
49 attached hereto as Exhibit "A" and on file in the Department of Public Works and to which
50 reference is made for a more particular description;
51
52 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly
53 subject to those terms, conditions and criteria contained in the agreement between the City
54 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has
55 been presented to the Council in its agenda, and will be recorded among the records of the
56 Clerk's Office of the Circuit Court of the City of Virginia Beach,
57
58 BE IT FURTHER ORDAINED, that the City Manager or his authorized
59 designee is hereby authorized to execute the Agreement; and
60
61 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
62 such time as the Applicant and the City Manager or his authorized designee execute the
63 Agreement.
64
65 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th
66 day of June , 2026.
CA17020
R-1
Prepared: 3/24/26
\\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d031\p030\01 1 19056.doc
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
YPBL C WOR , REAL ESTATE A J. ANT
4S TREN
TORNEY
2
Docusign Envelope ID: 160CF73B-9ACD-867A-8393-037C2410BD12
BESSEY ENCROACHMENT EXHIBIT
CURVE RADIUS ARC LENGTH I CHORD LENGTH CHORD BEARING I DELTA ANGLE
Cl 1 220.00' 32.86' 1 32.83' S 35°58'S3"E 8°33'26" MILL POND/BASS
1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. INLETICANAL
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 CITY OF VIRGINIA BEACH
COMPILATION OF DEEDS, PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A GPIN:2433-33-0267
BOUNDARY SURVEY. M.B. 67 PG.45
4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS ~EBB
REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. LOOD -
S 39°18'00"E 2.4, S1 `-)
122AS' _--
56.0' -_ — 7—— M.B.67 PG. 45
EXISTING VINYL BULKHEAD - ----_ - -- '
r I EXISTING
3.4'- BULHEAD OF APO
_
EX.BULKHEAD OF APO 1
1
I I I
LOT 63
I � I NOW OR FORMERLY
LOT 61 i i CONCRETE LOT 62 I
I THOMAS&LINDA A. KNEPP
NOW OR FORMERLY PATIO
I NOW OR FORMERLY 1—j GPIN:2433-22-9618
MICHAEL D. &MERRI B.TYRREL L INST: 200408260136584
GPIN:2433-22-7895 I DAVID B. BESSEY&ERIN P. 1�
BESSEY,TRUSTEES OF THE M.B. 67, PG.45
INST: 20151201001 157070 I BESSEY REVOCABLE TRUST i� M
M.B. 67, PG.45 I i GPIN:2433-22-8768 iJN
I INST: 202503047735 2'
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CONDITIONS ---- J--- -- - ---�- - "F)
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0 40 - 80 BACK BAY CRESCENT -'�--�
50'RIGHT-OF-WAY P
1,141'TO SAND
SCALE: 1"=40' M.B. 67, PG.45 BEND ROAD
EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING VINYL BULKHEAD AND
CONCRETE PATIO,AND A PROPOSED TIMBER FLOATING PIER, (2) PERSONAL
WATERCRAFT FLOATS,ALUMINUM GANGWAY, TIMBER PIER,ALUMINUM BOAT LIFT
WITH A ROOFED STRUCTURE AND(2) PERSONAL WATERCRAFT LIFTS
OESAPEAH BAY FOR: DAVID B. BESSEY& ERIN P. BESSEY,TRUSTEES OF THE BESSEY REVOCABLE TRUST
SITE SOLUTIONS 344 BACK BAY CRESCENT
P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 62
VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG. 45 OCTOBER 7, 2025 PAGE 1 OF 2
(757)575-3715
�ocusign Envelope ID: 160CF73B-9ACD-867A-8393-037C2410BD12
BESSEY ENCROACHMENT EXHIBIT
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING I DELTA ANGLE
C1 220.00' 32.86' 32.83' S 35°58'53"E 8"33'26" MILL POND/BASS
1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT, INLETICANAL
2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. CITY OF VIRGINIA BEACH
3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE
COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A GPIN:2433-33-0267
BOUNDARY SURVEY. M.B. 67 PG.45
4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS —EBB
REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. PROPOSED 16'x3O'TIMBER LOOD—
PROPOSED(4)TIMBER PILE OPEN SIDED ROOF STRUCTURE
PROPOSED(2)5'x12' PERSONAL ALUMINUM BOAT LIFT
WATERCRAFT FLOATS, 10'x15' 62'N
TIMBER FLOATING PIER,& Lq
p
ALUMINUM GANGWAY z
S 39°18'00" E O 34.6
122.15' _-- ---
M.B. 67 PG. 45
26.2'
EXISTING VINYL BULKHEAD
r 1 EXISTING
I I BULHEAD OF APO
I PROPOSED 12'x16' I I
EX.BULKHEAD OF APO I TIMBER PIER
(2) PROPOSED
PERSONAL I I LOT 63
WATERCRAFT LIFTS i i NOW OR FORMERLY
CONCRE-' _ � � � /\\ 1
' I LOT 62 I THOMAS &LINDA A. KNEPP
PATIO
LOT 61 i NOW OR FORMERLY GPIN:2433 2Z 9618
NOW OR FORMERLY r" DAVID B. BESSEY&ERIN P. ice; INST: 200408260136584
MICHAEL D. &MERRI B.TYRREL CO I BESSEY,TRUSTEES OF THE Lj I^� M.B. 67, PG.45
GPIN:2433-22-7895 I BESSEY REVOCABLE TRUST
INST: 20151201001157070 i GPIN:2433-22-8768 iJN
M.B.67, PG.45 I INST: 202503047735
M.B.67, PG. 45 ICI
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(F) 15'
0 40 80 BACK BAY CRESCENT -
50'RIGHT-OF-WAY V TO SAND-�
SCALE: 1"=40' M.B. 67, PG.45 BEND ROAD
EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING VINYL BULKHEAD AND
CONCRETE PATIO,AND A PROPOSED TIMBER FLOATING PIER, (2) PERSONAL
WATERCRAFT FLOATS,ALUMINUM GANGWAY, TIMBER PIER,ALUMINUM BOAT LIFT
WITH A ROOFED STRUCTURE AND(2)PERSONAL WATERCRAFT LIFTS
CMAPEAM BAY FOR: DAVID B. BESSEY& ERIN P. BESSEY,TRUSTEES OF THE BESSEY REVOCABLE TRUST
SITE SOLUTIONS 344 BACK BAY CRESCENT
P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 62
VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG.45 OCTOBER 7, 2025 PAGE 2 OF 2
Nk (757)575-3715
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
k
THIS AGREEMENT, made this day of 2026, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DAVID B. BESSEY and ERIN P. BESSEY,
TRUSTEES OF THE BESSEY REVOCABLE TRUST DATED NOVEMBER 5, 2025,
THEIR 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 "62" as shown on that certain plat entitled: "SECTION
3 BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION
PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA" Scale: 1" = 100', dated July
1965, prepared by W. B. Gallup, which plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further
designated, known, and described as 344 Back Bay Crescent, Virginia Beach, Virginia
23456;
WHEREAS, previous encroachments to construct and maintain a boat lift,
four (4) piles, a pier and jet ski floats into a portion of the existing City-owned property
known as Bass Inlet (a/k/a Mill Creek / Mill Pond) were approved on November 7, 2006 as
ORD-2962A and on April 20, 2021 as ORD-3652A, and recorded in the aforementioned
Clerk's Office as Instrument Numbers 20061122001759010 and 202103038496,
respectively (collectively, the "Previous Encroachment"); and
GPIN: 2433-33-0267 — City Property (Bass Inlet a/k/a Mill Creek/Mill Pond)
GPIN: 2433-22-8768 — 344 Back Bay Crescent
WHEREAS, it is proposed by the Grantee to maintain an existing 56' of vinyl
bulkhead (with 9.4' and 11.1' returns) and 52.7' of a concrete patio, and to construct and
maintain a 10' x 15' timber floating pier, two 5' x 12' personal watercraft floats, a 4' x 12'
aluminum gangway, a 12' x 16' timber pier, a 12' x 13' 4-timber pile aluminum boat lift, a 16'
x 30' timber open sided roof structure, and two 6' x 6' personal watercraft lifts, collectively,
the "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it
is necessary that the Grantee encroach into a portion of an existing City-owned property
known as Bass Inlet (a/k/a Mill Creek / Mill Pond) and into a City-owned 5' drainage and
utility easement on 344 Back Bay Crescent, collectively, 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 revokes and terminates the Previous Encroachment and
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 VINYL
BULKHEAD AND CONCRETE PATIO, AND A PROPOSED
TIMBER FLOATING PIER, (2) PERSONAL WATERCRAFT
FLOATS, ALUMINUM GANGWAY, TIMBER PIER, ALUMINUM
2
BOAT LIFT WITH A ROOFED STRUCTURE AND (2)
PERSONAL WATERCRAFT LIFTS FOR: DAVID B. BESSEY &
ERIN P. BESSEY, TRUSTEES OF THE BESSEY
REVOCABLE TRUST 344 BACK BAY CRESCENT BACK BAY
MEADOWS SECTION 3 LOT 62 M.B. 67, PG. 45," Scale: 1" _
40', dated October 7, 2025, prepared by Chesapeake Bay Site
Solutions, 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 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 344 Back Bay Crescent, 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 344 Back Bay Crescent, Virginia Beach, VA 23456.
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.
3
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and against
all claims, damages, losses and expenses, including reasonable attorney's fees, in case it
shall be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments referenced
in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the
Grantee and the City disclaims any ownership interest or maintenance obligation of such
encroachments.
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.
4
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by the
City.
It is further expressly understood and agreed that 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, David B. Bessey and Erin P. Bessey, Trustees of
the Bessey Revocable Trust dated November 5, 2025, the said Grantee, 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.
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
THE BESSEY REVOCABLE TRUST
DATED NOVEMBER 5, 2025
By:
DA SEY, Trustee
By:
ERI ESSEY, Trustee
STATE OF
CITY/COUNTY OF to-wit:
The foregoing instrument was acknowledged before me this day of
2026, by DAVID B. BESSEY and ERIN P. 4 ,Trustees of the
qjEs�r
Bessey Revocable Trust dated November 5, 2025. ;'��3 '••NOTARv /(SEAL)
PUBREG.# 32s��MI� SSION :RES
�i�. 1A/31� . �
Notary Pub %,`��
Notary Registration Number: C ��
My Commission Expires: /L7 I aT
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
P BLCWORR9— REAL ESTATE S -LOR J. GRANT
A CIATE ITY ATTORNEY
7
Docusign Envelope ID: 160CF73B-9ACD-867A-8393-037C2410BD12
BESSEY ENCROACHMENT EXHIBIT
CURVE I RADIUS I ARC LENGTH I CHORD LENGTH CHORD BEARING I DELTA ANGLE
Cl 1 220.00' 1 32.86' 1 32.83' S35°58'53"E 8°3T26" MILL POND/BASS
1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. INLETICANAL
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 CITY OF VIRGINIA BEACH
COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A GPIN:2433-33-0267
BOUNDARY SURVEY. M.B.67 PG. 45
4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS ~EBB
REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. �LOOD —
S 39°18'00"E 2.41
122AS' r+ ---
Q; 56.0' _ — T�— M.B. 67 PG. 45
EXISTING VINYL BULKHEAD I
r- I EXISTING
3.4'
BULHEAD OF APO
4.0-
EX.BULKHEAD OF APO I
I 1 '
I LOT 63
I NOW OR FORMERLY
LOT 61 I CONCRETE -
I LOT 62 I ; THOMAS&LINDA A. KNEPP
NOW OR FORMERLY `^ I i PATIO NOW OR FORMERLY /'j GPIN:2433-22-9618
MICHAEL D. & MERRI B.TYRREL c i DAVID B. BESSEY& ERIN P. � /�� INST: 200408260136584
GPIN:2433-22-7895 °D I I BESSEY,TRUSTEES OF THE 1^/ M.B. 67, PG.45
INST: 20151 ZO 1001 157070 I BESSEY REVOCABLE TRUST /� m
M.B. 67,PG.45 I i GPIN:2433-22-8768 iJN
INST: 202503047735 1'—;
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EXISTING P(F) I --Cl
CONDITIONS -'---�J--- -- - -"�- ' P!F)
0 40 80 BACK BAY CRESCENT
50'RIGHT-OF-WAY 1,141'TO SAND--
SCALE: 1"=40' M.B. 67, PG.45 BEND ROAD
EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING VINYL BULKHEAD AND
CONCRETE PATIO,AND A PROPOSED TIMBER FLOATING PIER, (2) PERSONAL
WATERCRAFT FLOATS,ALUMINUM GANGWAY, TIMBER PIER,ALUMINUM BOAT LIFT
WITH A ROOFED STRUCTURE AND(2) PERSONAL WATERCRAFT LIFTS
CUSAPEAKE BAY FOR: DAVID B. BESSEY& ERIN P. BESSEY,TRUSTEES OF THE BESSEY REVOCABLE TRUST
SITE SOLUTIONS 344 BACK BAY CRESCENT
P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 62
VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG. 45 OCTOBER 7, 2025 PAGE 1 OF 2
(757)575-3715
Docusign Envelope ID:160CF73B-9ACD-867A-8393-037C2410BD12
BESSEY ENCROACHMENT EXHIBIT
CURVE I RADIUS I ARC LENGTH CHORD LENGTH I CHORD BEARING I DELTA ANGLE
Cl 1 220.00' 1 32.86' 32.83' S 35°58'53"E 8°33'26" MILL POND/BASS
1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. INLETICANAL
2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. CITY OF VIRGINIA BEACH
3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE
COMPILATION OF DEEDS, PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A GPIN: 2433-33-0267
BOUNDARY SURVEY. M.B. 67 PG. 45
4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS ~EBB
REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. PROPOSED 16'x3O'TIMBER �LOOD—
PROPOSED(4)TIMBER PILE OPEN SIDED ROOF STRUCTURE
ALUMINUM BOAT LIFT
PROPOSED(2)5'x12 PERSONAL 6
WATERCRAFT FLOATS, 10'x15' 62'N
TIMBER FLOATING PIER, & -1 z
ALUMINUM GANGWAY
S 39°18'00"E LO 5
122AS' ---
M.B. 67 PG. 45
26.2' F8.21
EXISTING VINYL BULKHEAD
r 1 EXISTING
I PROPOSED 12'x16' j ' BULHEAD OF APO
EX.BULKHEAD OF APO I TIMBER PIER j I
(2) PROPOSED i I
PERSONAL LOT 63
I WATERCRAFT LIFTS I i NOW OR FORMERLY
CONCRETE - k i- /XN I
PATIO LOT 62 ; THOMAS &LINDA A. KNEPP
LOT 61 I NOW OR FORMERLY GPIN:2433 ZZ 9618
NOW OR FORMERLY c DAVID B. BESSEY& ERIN P. jc INST: 200408260136584
MICHAEL D. &MERRI B.TYRREL C0 I BESSEY,TRUSTEES OF THE I^� M.B. 67, PG.45
GPIN:2433-22-7895 I BESSEY REVOCABLE TRUST imI m
INST: 20151201001157070 GPIN:2433-22-8768 iJN
M.B. 67, PG. 45 INST: 202503047735 z;
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PROPOSED ' i C1 12'
IMPROVEMENTS ---P�F) i-- -- - ---�- - P(F) 15'
0 40 80 BACK BAY CRESCENT
E I 50'RIGHT-OF-WAY 1,141'TO SAND
SCALE: 1"=40' M.B. 67, PG.45 BEND ROAD
EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING VINYL BULKHEAD AND
CONCRETE PATIO,AND A PROPOSED TIMBER FLOATING PIER, (2) PERSONAL
WATERCRAFT FLOATS,ALUMINUM GANGWAY, TIMBER PIER,ALUMINUM BOAT LIFT
WITH A ROOFED STRUCTURE AND(2) PERSONAL WATERCRAFT LIFTS
MESAPEAKE BAY FOR: DAVID B. BESSEY& ERIN P. BESSEY,TRUSTEES OF THE BESSEY REVOCABLE TRUST
SITE SOLUTIONS 344 BACK BAY CRESCENT
P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 62
VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG.45 OCTOBER 7, 2025 PAGE 2 OF 2
(757)575-3715
33
ITEM— V J II
ORDINANCES/RESOLUTION
ITEM#7845 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to APPROPRIATE $240,000 from the sale of equipment to Capital Project
#100175, "Fire Apparatus IV"within the FY2025-26 Capital Improvement Program (CIP) re fund future
fire apparatus
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO APPROPRIATE $240,000 FROM
2 THE SALE OF EQUIPMENT TO CAPITAL PROJECT
3 #100175, "FIRE APPARATUS IV"
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $240,000 from the sale of equipment is hereby appropriated, with revenue
9 increased accordingly, to Capital Project#100175 "Fire Apparatus IV,"within the FY2025-
10 26 Capital Improvement Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of June , 2026.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and anagement a ces Ci rn Office
CA17243
R-1
May 27, 2026
34
ITEM— VJ.12
ORDINANCESMESOL UTION
ITEM#78458
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $1.75-Million from the Commonwealth
Opportunity Fund (COF) to the Virginia Beach Development Authority (VBDA) re award for the
Acoustical Sheetmetal Company project
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 COMMONWEALTH OPPORTUNITY AWARD TO THE CITY
3 OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $1,750,000 is hereby accepted from the Commonwealth Opportunity Fund and
9 appropriated, with estimated state revenues increased accordingly, to the City of Virginia
10 Beach Development Authority in furtherance of the purposes of the Commonwealth
11 Opportunity Fund Award for the Acoustical Sheetmetal Company project. The use of such
12 funds shall be governed by a performance agreement for the project.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of June , 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 anagement Services C i y ttorney's Office
CA17245
R-1
May 27, 2026
35
ITEM— V.J.13
ORDINANCES/RESOLUTION
ITEM#78459
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $1,497,300 from the Commonwealth
Opportunity Fund (COF) to the Virginia Beach Development Authority (VBDA) re award for ZIM
American Integrated Shipping Company project
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 COMMONWEALTH OPPORTUNITY FUND AWARD TO THE
3 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $1,497,300 is hereby accepted from the Commonwealth Opportunity Fund and
9 appropriated, with estimated state revenues increased accordingly, to the City of Virginia
10 Beach Development Authority in furtherance of the purposes of the Commonwealth
11 Opportunity Fund Award for the ZIM American Integrated Shipping Company project. The
12 use of such funds shall be governed by a performance agreement for the project.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of June 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 ey's Office
CA17244
R-1
May 27, 2026
36
ITEM— VJ14
ORDINANCES/RESOLUTION
ITEM#78460
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRL4TE funds totaling$429,709.60 from the Virginia
Opioid Abatement Authority (VOAA) to the Health Department Operating Budget ($229,209.60) re
contract two (2) Community Engagement Specialists to oversee a Teen-to-Teen social media campaign
and provide outreach; Police Department Operating Budget ($30,000) re implement the Law
Enforcement Against Drugs program within Virginia Beach City Public Schools (VBCPS) to provide
drug education and prevention activities throughout the community;Human Services Operating Budget
($100,500) re continued full-time Certified Peer Support Specialist FIE to work with youth with
substance use disorders to include operating expenses,and Virginia Beach City Public Schools Operating
Budget (VBCPS) ($70,000) re purchase an online evidence-based curriculum to provide proactive
education as well as intervention when students have a substance-use related offense
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE OPIOID
2 ABATEMENT INDIVIDUAL DISTRIBUTION FUNDS TO
3 SUPPORT EFFORTS TO MITIGATE THE ONGOING
4 OPIOID EPIDEMIC
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $429,709.60 is hereby accepted from the Virginia Opioid Abatement Authority and
10 appropriated to the following departments, in the following amounts, and for the following
11 purposes in the Grants Consolidated Fund:
12
13 1) $229,209.60 to the Virginia Beach Department of Health to contract two
14 Community Engagement Specialists to oversee a Teen-to-Teen social media
15 campaign and provide outreach,
16 2) $30,000 to the Police Department to implement the Law Enforcement Against
17 Drugs program within Virginia Beach City Public Schools to provide drug
18 education and prevention activities throughout the community;
19 3) $100,500 to the Department of Human Services for the continuation of a full-
20 time Certified Peer Support Specialist FTE to work with youth with substance
21 use disorders to include operating expenses;
22 4) $70,000 to Virginia Beach City Public Schools to purchase an online evidence-
23 based curriculum to provide proactive education as well as intervention when
24 students have a substance-use related offense.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of .Tune , 2026.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Bu get and ffanagement Services ity Atto ey's Office
CA17246
R-1
May 27, 2026
37
ITEM— V J 15
ORDINANCESIRESOL UTION
ITEM#78461
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $18,714 from the Department of Criminal
Justice Services through the Edward Byrne Justice Assistance Grant (JAG) Program to the FY2026-27
Police Department Operating Budget re law enforcement equipment
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $18,714
2 FROM THE DEPARTMENT OF CRIMINAL JUSTICE
3 SERVICES TO THE FY 2026-27 POLICE DEPARTMENT
4 OPERATING BUDGET
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1. $18,714 is hereby accepted from the Virginia Department of Criminal Justice
10 and appropriated, with state revenue increased accordingly, to the FY2026-27
11 Operating Budget of the Police Department for target hardening equipment for
12 at risk community organizations.
13
14 2. The City makes no guarantee that the equipment purchased with these funds
15 will be replaced.
16
17 3. The effective date of this ordinance is July, 1, 2026.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th
day of June , 2026.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services orney's Office
CA17256
R-1
June 3, 2026
38
ITEM— V J.16
ORDINANCES/RESOLUTION
ITEM#78462
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER $803,063 from vacancy savings in the General Fund to the
FY2025-26 Voter Registration and Elections Operating Budget re operational expenses for the August 4,
2026,primary elections
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO TRANSFER FUNDS FOR EXPENSES
2 RELATED TO THE AUGUST PRIMARY ELECTIONS
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA THAT:
6
7 $803,063 is hereby transferred from vacancy savings in the General Fund to the
8 FY 2025-26 Operating Budget of Voter Registration and Elections to fund the operational
9 expenses needed for the August 4, 2026, primary elections.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of June , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
B dget and anagement Services 04LAwfiners ice
CA17242
R-1
May 27, 2026
39
ITEM— V.J.17
ORDINANCES/RESOLUTION
ITEM#78463
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY
CONSENT, Ordinance to TRANSFER $350,000 within the Department of Emergency Medical Services
(EMS)from the EMS Cost Recovery Fund to the FY2025-26 Department of Emergency Medical Services
(EMS) Operating Budget re personnel expenses
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO TRANSFER $350,000 WITHIN THE
2 EMS COST RECOVERY FUND
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA THAT:
6
7 $350,000 is hereby transferred within the Department of Emergency Medical
8 Services' EMS Cost Recovery Fund to the FY 2025-2026 Operating Budget of the
9 Department of Emergency Medical Services for personnel expenses.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of June , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
4-:n�ojiq&T;� " j
Budget and Management Services City Attorney's Office
CA17241
R-1
May 27, 2026
40
ITEM— V.%I
PLANNING
ITEM#78464
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
CONDITIONED, BY CONSENT, application of AELCO, INCORPORATED for a Variance to Section
4.4(b) of the Subdivision Regulations re subdivide existing parcel to construct a single-family dwelling at
a parcel West of HollandRoad, 230 feet North of Princess Anne Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI7VL4 BEACH, VIRGINL4
AELCO, INCORPORATED for a Variance to Section 4.4(b) of the
Subdivision Regulations re subdivide existing parcel to construct a
single-family dwelling at a parcel West of Holland Road, 230 feet North
of Princess Anne Road(GPIN 2404031881)DISTRICT 2
The following conditions shall be required.•
1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled
"Proposed Subdivision Lot 0.45 Acres Fronting on the Holland Swamp Road" dated
February 26, 2026, 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 lot shall only be approved for a single-family dwelling as the principal use.
3. All future development of the property shall comply with the design guidelines for the
Historic and Cultural District and receive a Certificate of Appropriateness from the
Historical Review Board, as required by the City's Zoning Ordinance.
4. 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 16`h day of June, Two Thousand
Twenty Six.
June 16, 2026
41
ITEM— VX I
PLANNING
ITEM#78464
(Continued)
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
Jvs�`C�N PLK
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ZPFt1NCESS ANNE RD
Site Kelco, Incorporated
Zoning Parcel west of Holland Road,
Property Polygons 230 feet north of Princess Anne Road
Feet
0 25 50 100 150 200
Mai created by Planning Department on 5/15/2026
42
ITEM— V K.2
PLANNING
ITEM#78465
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
CONDITIONED, BY CONSENT, application of BHC, LLC/PHILIP D. SEAFORD for a Variance to
Section 4.4(b)(c)(1) of the Subdivision Regulations re subdivide two (2) existing parcels into five (5)
residential lots to construct five(5)single-family dwellings at 313 Gatewood Avenue DISTRICT 3
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4
BHC,LLC/PHILIPD.SEAFORD for a Variance to Section 4.4(b)(c)(1)
of the Subdivision Regulations re subdivide two (2) existing parcels into
five(5)residential lots to construct five(5)single-family dwellings at 313
Gatewood Avenue (GPINs 2407015506, 2407014686)DISTRICT 3
The following conditions shall be required.•
1. The lots shall be developed in substantial conformance with the conceptual subdivision
plan entitled "Subdivision Plat of Lots 91 A and 92 A, Resubdivision of Lots 91 & 92,
Revised Plat Gatewood Park Extd." dated March 3, 2025, and prepared by Maser
Consulting, 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. 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 16`h day of June, Two Thousand
Twenty Six.
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
n,.
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Site BHC, LLC N
Zoning 313 Gatewood Avenue " W
�i Property Polygons S
Feet
0 40 80 160 240 320
Man created by Plannina Department on 5/15/2026
43
ITEM— V.K.3
PLANNING
ITEM#78466
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
CONDITIONED,BY CONSENT,application of DS INVESTORS,INC.A VIRGINIA CORPORATION
for a Variance to Section 4.4(c)(1) of the Subdivision Regulations re resubdivide existing parcel to create
two (2)single-family lots at 845 Kennedy Avenue DISTRICT 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4
DS INVESTORS,INC.A VIRGIN14 CORPORATIONfor a Variance to
Section 4.4(c)(1) of the Subdivision Regulations re resubdivide existing
parcel to create two (2)single family lots at 845 Kennedy Avenue (GPIN
2417916204)DISTRICT 5
The following conditions shall be required:
L The lots shall be in substantial conformance with the conceptual subdivision plan entitled
"Proposed Resubdivision of Lots 41, 43, 45, 47, & 49, Block 55, Shadow Lawn Heights"
dated November 20, 2025, and prepared by WPL, a copy of which has been exhibited to
the Virginia Beach City Council and is on file with the Department of Planning and
Community Development and incorporated herein by this reference.
2. When the lots are developed, the final building design must be reviewed and approved by
the Comprehensive Planning Division for compatibility with the surrounding
neighborhood in design and materials used during plan review.
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(fi of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16M day of June, Two Thousand
Twenty Six.
June 16, 2026
44
ITEM— VX 3
PLANNING
ITEM#78466
(Continued
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
Go'-DS'BORE
PVEv.
R"5S
TRJ NNEDY AVE
•,t
M ,
---------
® site DS Investors, Inc. N
Zoning 845 Kennedy Avenue �` - I-
Property Polygons s
Feet
0 15 30 60 90 120
Mao created by Plannina Deaartment on 5/15/2026
45
ITEM— V.K.4
PLANNING
ITEM#7846 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
MODIFIED, AS CONDITIONED, BY CONSENT, application of WINNER'S PROPERTIES, LLC/
WINNER'S PROPERTIES,LLC&EVERGREEN VIRGINL4,LLCfor a Modi cation of Conditions to
a Conditional Use Permit re motor vehicle sales, service and rentals at 3700 & 3736 Sentara Way
DISTRICT 3
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA
WINNER'S PROPERTIES,LLC/WINNER'S PROPERTIES,LLC&
EVERGREEN VIRGINL4, LLC for a Modification of Conditions to a
Conditional Use Permit re motor vehicle sales, service and rentals at
3700& 3736 Sentara Way(GPINs 1487523853, 1487428775)DISTRICT
3
The following conditions shall be required.•
1. Conditions attached to the existing Conditional Use Permits and Modification of
Conditions approved by the Virginia Beach City Council on February 18, 2025, shall be
null and void and replaced with the conditions listed below.
2. The site layout shall be in substantial conformance with the following:
a. The submitted plan entitled "Hyundai Building Addition—Concept Plan," dated May 4,
2026, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the
Virginia Beach City Council and is on file in the Department of Planning and Community
Development; and
b. The submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—
Virginia Beach, Virginia," dated March 24, 2022, and prepared by Orbis Landscape
Architecture, which has been exhibited to the Virginia Beach City Council and is on file in
the Department of Planning and Community Development.
3. The design, building materials, and color schemes of all existing and proposed buildings
shall be in substantial conformance with the following:
a. The car wash shall be in substantial conformance with the submitted
elevations entitled, "RENOVATIONS & EXPANSION TO THE SERVICE
BUILDING CHECKERED FLAG HYUNDAI," dated April 21, 2026, and
prepared by Covington Hendrix Anderson Architects, which has been
exhibited to the Virginia Beach City Council and is on file in the Department
of Planning and Community Development.
June 16, 2026
46
ITEM— V.K.4
PLANNING
ITEM#7846 7
(Continued)
b. Building C shall substantially conform with the submitted elevations entitled,
"Checkered Flag Genesis at Hyundai World — Floor Plan — Prototype
Exterior Renderings", dated March 24, 2022,prepared by Covington Hendrix
Anderson Architects, and provided with the 2022 Modification of Conditions
application, which has been exhibited to the Virginia Beach City Council and
is on file in the Department of Planning and Community Development.
c. The design, materials, and color scheme of the overall dealership shall be in
substantial conformance with the submitted elevations entitled,
'RENOVATIONS & EXPANSION TO THE SERVICE BUILDING
CHECKERED FLAG HYUNDAI",prepared by Covington Hendrix Anderson
Architects, dated June 03, 2024, which were approved by the Virginia Beach
City Council on February 24, 2025, and the building elevations entitled
"Volkswagen Checkered Flag, Exterior Building Elevations" prepared by
Lyall Design Architects, dated July 01, 2013, which were approved by the
Virginia Beach City Council on November 12, 2013, all of which is on file in
the Department of Planning and Community Development.
4. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department
of Planning and Community Development for review and approval. The Landscape Plan
shall be in substantial conformance with the following:
a. The submitted plan entitled "Hyundai Building Addition — Concept Plan,"
dated May 4, 2026, and prepared by Kimley-Horn and Associates, Inc., which
has been exhibited to the Virginia Beach City Council and is on file in the
Department of Planning and Community Development;and
b. The submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag
Genesis— Virginia Beach, Virginia", dated March 24, 2022, and prepared by
Orbis Landscape Architecture, which has been exhibited to the Virginia Beach
City Council and is on file in the Department of Planning and Community
Development with the additional requirement that the existing meandering
three(3)foot tall berm shall remain and all other portion of the property along
rights-of-way, including I-264, shall be planted with streetscape plantings per
the standards set forth in the City of Virginia Beach Landscaping Guide;and
c. A continuous landscape berm shall be installed and maintained along the
entire frontage of Sentara Way adjacent to the subject property. Said berm
shall include increased landscaping to include a mixture of evergreen trees
and evergreen shrubs to adequately screen the site from the public right-of-
June 16, 2026
47
ITEM— Y.K.4
PLANNING
ITEM#7846 7
(Continued)
way.A revised landscape plan shall be submitted at the time of site plan review
showing the improved landscaping along the Sentara Way right-of-way that
will be subject to the review and approval of the Planning Director.
5. No trees or vegetation shall be removed by the applicant from the City or State land located
between the subject site and I-264 or from the Third Street right-of-way without written
permission from the City or State, as applicable.
6. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254
of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning
and Community Development. All light fixtures on the site that are within 25 feet of a
property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit
with additional shields within 90 days of the date of City Council approval, and as required
by the Zoning Ordinance.
7. Except for the two light fixtures that are directed upward on the flagpole that is located
between the buildings and I-264, all light fixtures shall be shielded and directed downward
to contain light on the property.All lighting shall be directed away from the nursingfacility
located to the west, and away from the residentially-zoned property located to the south
across Sentara Way.
8. Only one flagpole representing the dealership or car manufacturer shall be permitted on
the site.
9. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private
drive known as Hyundai World Way shall meet the Public Works Design Standards
Manual.
10. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress
points for the property. An exhibit drawing or photograph of any statues proposed
elsewhere on the site shall be submitted to the Planning Director for review and approval
prior to issuance of a building permit and commencement of construction.
11. Any shade structure shall be substantially in conformance with the submitted brochure
titled "Shade Structures"provided with the 2002 Modification of Conditions application,
which is on file with the Planning Department. The shade structures shall meet the
following requirements:
a. The framework shall be on noncombustible construction.
b. The fabric shall be flame resistant.
June 16, 2026
48
ITEM— V K.4
PLANNING
ITEM#7846 7
(Continued)
c. The structures shall meet wind load requirements in the area.
d. The fabric or cover of the structure shall be red, blue or white, in color, or a
combination thereof, to match the buildings.
12. No vehicle display shall be located between the existing stormwater management facility
and Interstate 264 that would disrupt access and/or maintenance within the City drainage
easement or disturb the existing ditch. A layout of this vehicle display with dimensions in
this area shall be submitted to the Planning Director for review and approval.
13. All vehicles for sale shall be located on a paved surface within the designated display area
identified on the plan referenced in Condition 2 above. Except for the existing two raised
platforms along Rosemont Road and four raised platforms within the interior parking lot
for vehicle display as noted on the submitted exhibit entitled "Raised Vehicle Platform
Location Sketch", dated May 4, 2026, which may remain until such time they are removed,
no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or
any other structure designated to display a vehicle higher than the elevation of the main
parking lot except as permitted by Condition 13.
14. All signage on the property shall be subject to the sign regulations set forth in the Zoning
Ordinance.A separate sign permit shall be obtained from the Planning Department for the
installation of any signage.Any freestanding sign shall be monument-style with foundation
plantings installed as required by the Zoning Ordinance.
15. There shall be no signs which contain or consist ofpennants, ribbons, streamers, spinners,
strings of light bulbs, or other similar moving devices on the site or on the vehicles. There
shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees,
or fences, or in an unauthorized manner to walls or other signs. There shall be no portable
or nonstructural signs, or electronic display signs on the site.
16. There shall be no neon or electronic display signs, or accents installed on any wall area of
the exterior of the building, in or on the windows, or on the doors. No window signage
shall be permitted.
17. Hours of operation specifically related to performing auto repair and meeting customers
for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m.
18. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted
inside the service center or car wash building. Bay doors on the service center shall be
closed while repair work is being conducted except for entering and exiting of vehicles.
June 16, 2026
49
ITEM— VX 4
PLANNING
ITEM#7846 7
(Continued)
19. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site.
20. The use of an outdoor amplified speaker or paging system shall be prohibited. The use of
a vehicle's emergency alarm shall not be employed to assist in locating a vehicle on the
lot.
21. On site loading and unloading of vehicles shall be limited to the areas depicted for such
purpose on the Concept Plan identified in Condition 2 above and shall be limited to the
standard hours of operation of 7:00 a.m. and 10: 00 p.m. The loading and unloading of
vehicles within the public rights-of-way shall be prohibited.
22. On-street employee parking shall be prohibited
23. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful
manner and shall be prohibited from being left in the public right-of-way.
24. At the time of site plan submittal,the applicant shall explore the possibility of incorporating
an aerator fountain into the design of the proposed stormwater management facility.
25. 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.
26. While there are active site, building or other similar permits, a 6-foot-tall chain link fence
with dark mesh fabric shall be installed and maintained along the Sentara Way ontage
to screen the construction area from the right-of-way and adiacent property owners.
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 16'h day of June, Two Thousand
Twenty Six.
June 16, 2026
50
ITEM— V%4
PLANNING
ITEM#78467
(Continued)
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
ICON 26A
R7.5
PO
B2
B2
R7.5'
SENTARA WAY DRIVERS"VIIORL, WAY
t
" > TiAL BIND
pRESIDEN
Site Winner's Properties, LLC N
Zoning 3700 & 3736 Sentara Way i* '
Property Polygons s
Feet
0 65 130 260 390 520
Mao created by Plannina Deaartment on 5/15/2026
51
ITEM— V.K.5
PLANNING
ITEM#78468
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
MODIFIED,AS CONDITIONED,BY CONSENT, application of SMF CORPORATE STORES,LLC/
HILLTOP SQUARE INVESTORS,LLC for a Mo!tification of Conditions to a Conditional Use Permit re
tattoo parlor at 550 First Colonial Road, Suite 23C DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI7VL4 BEACH, VIRGINIA
SMF CORPORATE STORES, LLC / HILLTOP SQUARE
INVESTORS,LLC for a Modification ofConditions to a Conditional Use
Permit re tattoo parlor at 550 First Colonial Road, Suite 23C (GPIN
2407879912) DISTRICT 6
The following conditions shall be required.•
1. The Conditional Use Permit for a Tattoo Parlor applies solely to 550 First Colonial Road,
Suite 23C.
2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a
business license for the Tattoo Parlor.
3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and
sales area within the establishment.
4. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display, or similar signage installed on
the exterior of the building or in any window, or on the doors. Window signage shall not
be permitted.A separate sign permit shall be obtained from the Department of Planning&
Community Development for the installation of any new signs.
5. 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 16'h day of June, Two Thousand
Twenty Six.
June 16, 2026
52
ITEM— VX 5
PLANNING
ITEM#78468
(Continued)
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
A18
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C site SMF Corporate Stores, LLC
Zoning 550 First Colonial Road, Suite 23C
Property Polygons
Feet
0 65 130 260 390 520
Mao created by Plannina Department on 5/15/2026
53
ITEM— V.K.6
PLANNING
ITEM#78469
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
MODIFIED,AS CONDITIONED,BYCONSENT,application of VIRGINIAELECTRICAND POWER
COMPANY for a Modi rcation of Conditions to a Conditional Use Permit re expand existing Dominion
substation at 568 North Lynnhaven Road DISTRICT 8
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA
VIRGINL4 ELECTRICAND POWER COMPANYfor a Modi ication of
Conditions to a Conditional Use Permit re expand existing Dominion
substation at 568 North Lynnhaven Road(GPIN 1487983864)DISTRICT
8
The following conditions shall be required.•
1. All previous conditions attached to the Conditional Use Permit for the property located at
568 N Lynnhaven Road, as of March 7, 2023, shall be voided and replaced with the
following conditions.
2. The site shall be developed in substantial conformance with the exhibit entitled "Layout
Plan Groveland Substation-DRAWING 0739-041", dated 0412412026,prepared by Burns
McDonnell, which has been exhibited to the Virginia Beach City Council and is on file in
the Department of Planning and Community Development.
3. The site shall be landscaped in substantial conformance with the exhibit entitled
"Landscape Exhibit Groveland Substation - DRAWING 0739-047", dated 0412412026,
prepared by Burns McDonnell, which has been exhibited to the Virginia Beach City Council
and is on file in the Department of Planning and Community Development.
4. The Communication Tower shall be located within the lease area and developed
substantially in conformance with the submitted plan packaged entitled "US-VA-5087
(KINGS GRANT— 568 N. Lynnhaven Road— Virginia Beach, VA 23452", prepared by
Vertical Bridge, and dated February 21, 2023, which has been exhibited to the Virginia
Beach City Council and is on file in the Department of Planning and Community
Development.
5. A full structural report shall be submitted during detailed site plan review.
6. A depiction of the location of required FCC hazard safety signage on the site, if any, and
sign diagrams shall be required during detailed site plan review.
7. Subject to federal law, the maximum height of the tower shall be 119 feet above ground
level, inclusive of the lightning rod.
June 16, 2026
54
ITEM— VX 6
PLANNING
ITEM#78469
(Continued)
8. As required by Section 202 of the City Zoning Ordinance (CZO), the applicant shall obtain
a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation
Administration/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during
detailed site plan review. No building permit shall be issued until the tower is determined
to be a non-hazard to air navigation.
9. No signs indicating the location of this facility are allowed.
10. In the event that the antennae on the tower are inactive for a period of two years, the tower,
antennas, and related equipment shall be removed at the applicant's expense.
11. The applicant shall replace the existing landscaping along N. Lynnhaven Road with new
landscaping and will install additional landscaping southeast of the entrance on N.
Lynnhaven Road, as depicted on the Concept Plan.Additionally, the applicant shall retain
a contractor to provide scheduled watering for all new vegetation during the first year o�
planting
12. 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 le day of June, Two Thousand
Twenty Six.
June 16, 2026
SS
ITEM— VK6
PLANNING
ITEM#78469
(Continued)
Voting: 8- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse and Joashua F. `Joash"Schulman
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
01 .-.,
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E= Zoning 568 N Lynnhaven Road 1.
Property Polygons s
OW Feet
0 40 80 160 240 320
Mao created by Planning Deuartment on 5/15/2026
71
Virginia S each
Of' oUR NAT10
VBgc)vcom
ROSEMARY WILSON PHONE:(757)422-0733
VICE MAYOR RCWilson0vbgov.com
COUNCIL MEMBER-DISTRICT 5
June 16, 2026
In Reply Refer to 0102684
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declarations:
1. I am executing this written disclosure regarding the City Council's consideration
of the application of Virginia Electric and Power Company for modification of
conditions to a conditional use permit for property located at 568 North Lynnhaven
Road.
2. The applicant is a subsidiary of Dominion Energy,Inc. I have a personal interest in
Dominion Energy, and its corporate street address is 120 Tredegar Street,
Richmond, Virginia 23219.
3. I hereby disclose this interest, and I will abstain from participating in the City
Council's consideration of this item.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance.
Sincerely,
A-"-V
Rosemary A. Wilson
Vice Mayor
RAW/RRI
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
56
ITEM— VK.7
PLANNING
ITEM#784 70
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
CONDITIONED,BY CONSENT,application of HOLLY VEBER/DANIEL F. &MARILYN F. VEBER
for a Conditional Use Permit re assembly use at 1501 Gum Bridge Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLI
HOLLY VEBER / DANIEL F. & MARILYN F. VEBER for a
Conditional Use Permit re assembly use at 1501 Gum Bridge Road
(GPIN 2411826107)DISTRICT 2
The following conditions shall be required.•
1. The applicant shall obtain all necessary permits and inspections from the Department of
Planning & Community Development/Permits and Inspections Division. The applicant
shall secure a Certificate of Occupancy from the Building Official's Office for use of the
site as an Assembly Use.
2. Events shall be limited to no more than 10 per calendar year unless a Special Event Permit
is issued from the City of Virginia Beach Special Events office, with the combined number
of annual events not to exceed 14. The applicant shall maintain an annual list of events
held at the site. An up-to-date list of events shall be provided to Staff upon request to
ensure compliance with this condition.
3. The maximum number of attendees shall not exceed the lesser of the following: 100 per
event, or the maximum number as required by applicable building codes, noted on the
Certificate of Occupancy, and posted by the Fire Marshal. The Occupancy Load shall be
posted in a conspicuous place near the main exit for every room or space that is an
assembly occupancy and where the occupant load of that room or space is 50 or more.
4. The Assembly Use shall comply with all applicable Fire and Building Code requirements.
S. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display, or similar signage installed on
the exterior of the building or in any window, or on the doors.A separate sign permit shall
be obtained from the Department of Planning & Community Development for the
installation of any new signs.
6. All lighting shall be contained on the subject property. The source of any light is to be
shielded so as to not be visible from the property line of any adjacent residential use
properties.
June 16, 2026
57
ITEM— VX 7
PLANNING
ITEM#784 70
(Continued)
7. The hours of operation shall be 10:00 a.m. to 10:00 p.m. on Saturdays only. There shall be
no weddings, parties, or other similar events, and no amplified music permitted outside
after 10:00 p.m. or before 10:00 a.m.
8. The portable restrooms shall not be placed on the site more than'24 hours in advance of
an event and shall be removed from the site within 24 hours after the conclusion of an
event.
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.
10. This Conditional Use Permit shall expire live (5) years from the date of opproval. The
renewal process of this Conditional Use Permit may be administrative and performed bx
the Planning Department.
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 16'h day of June, Two Thousand
Twenty Six.
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. `Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
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Zoning 1501 Gum Bridge Road '=
Property Polygons
Feet
0 105 210 420 630 840
MaD created by Plannino Department on 5/15/2026
58
ITEM— i:K.8
PLANNING
ITEM#784 71
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
CONDITIONED,BY CONSENT,application of APRIL A.SMITH/GREGORYS.SMITH&APRIL A.
SMITHfor a Conditional Use Permit re family day-care home at 2288 Sandy Woods Lane DISTRICT S
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4
APRIL A. SMITH/GREGORY S. SMITH&APRIL A. SMITH for a
Conditional Use Permit re family day-care home at 2288 Sandy Woods
Lane (GPIN 2404498447)DISTRICTS
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 twelve(12)children, in addition to
the children living in the home currently.
5. 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(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. The outdoor play area shall be located in substantial conformance with the exhibit entitled
"April A. Smith Outdoor Play Area," dated 412912026, which has been exhibited to the
City Council and is on file with the Department of Planning& Community Development.
10. The outdoor play area shall be completely enclosed with a solid structure or fence in
substantial conformance with the exhibits located on page 8 of the Staff Report, and shall
be maintained for so long as this Conditional Use Permit is active.
June 16, 2026
59
ITEM— VX 8
PLANNING
ITEM#784 71
(Continued)
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's 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/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 16`h day of June, Two Thousand
Twenty Six.
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. `Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
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® site April A. Smith
Zoning 2288 Sandy Woods Lane '=
Property Polygons
Feet
0 15 30 60 90 120
Man created by Plannina Department an 5/15/2026
60
ITEM— V.K.9
PLANNING
ITEM#784 72
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
CONDITIONED,BY CONSENT,application of DEBBIES DAYCARE LLCI DEBORAH R.NORTON
for a Conditional Use Permit re family day-care home at 757 Hilltop Road DISTRICT 6
BE]THEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA
DEBBIESDAYCARELLCIDEBORAHR.NORTONfor a Conditional
Use Permit re family day-care home at 757 Hilltop Road (GPIN
240 74960 76)DISTRICT 6
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 twelve (12) children.
5. 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 (1)
square foot in area and mounted flat against the residence.
8. The applicant shall maintain a license with the Commonwealth of Virginia for childcare.
9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at
leastfour 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.
10. 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 Officials Off ce for use of the house as a Family Day-Care Home.
June 16, 2026
61
ITEM— V.K.9
PLANNING
ITEM#784 72
(Continued)
11. 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(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16'h day of June, Two Thousand
Twenty Six.
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
R7.5
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Zoning 757 Hilltop Road
Property Polygons
Feet
0 15 30 60 90 120
Mar) created by Plannina Deaartment on 5/15/2026
62
ITEM— V K.10
PLANNING
ITEM#784 73
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
CONDITIONED, BY CONSENT, application of FIRST COLONL4L DEVELOPMENT, LLC for a
Conditional Use Permit re low-speed motor vehicle sales and rental at 601 Nevan Road DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4
FIRST COLONL4L DEVELOPMENT, LLC for a Conditional Use
Permit re low-speed motor vehicle sales and rental at 601 Nevan Road
(GPIN 2407882294)DISTRICT 6
The following conditions shall be required.•
1. This Conditional Use Permit shall expire after five(5)years from the date of City Council
action with a two-year administrative extension,subject to the development progress in the
area. To continue the Motor Vehicle Sales and Rental use after such expiration, a new
Conditional Use Permit shall be obtained.
2. The site shall be developed in accordance with the conceptual plan entitled "601 Nevan
Road
Concept Plan",prepared by Kimely Horn and Associates, dated March 30, 2026, which
has been exhibited to the Virginia Beach City Council and is on file with the Department
of Planning& Community Development.
3. No vehicles for sale or rental shall be parked outside of the designated display areas, and
display area landscaping shall be depicted as shown on the site layout entitled "601 Nevan
Road Concept Plan", prepared by Kimley Horn and Associates, dated March 30, 2026,
which has been exhibited to the Virginia Beach City Council and is on file with the
Department of Planning& Community Development.
4. A subdivision plat must be submitted and approved within three hundred and sixty-five
days of City Council approval.
S. The sale and rental of vehicles on the site shall be limited to low-speed vehicles.
6. The hours of operation shall be from 10:00 a.m. to S:00 p.m., seven days a week.
7. No parking of any vehicles shall be permitted within the right-of-way.
8. All vehicles for sale or rental shall be located on a paved surface. No vehicles shall be
displayed on raised platforms, earthen berms, landscape islands, or any other structure
designated to display a vehicle higher than the elevation of the main parking lot.
9. Vehicles in a state of obvious disrepair shall not be stored outside of the building.
June 16, 2026
63
ITEM— VX 10
PLANNING
ITEM#784 73
(Continued)
10. Test driving of vehicles for sale or rent shall only be done on site.
11. There shall be no storage of tires, equipment, parts or debris of any kind outside of the
building.
12. No outside paging or amplified music system shall be permitted.
13. 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.
14. The applicant shall obtain a Certificate of Occupancy for the change of use from the
Permits and Inspections division of the Department of Planning & Community
Development, if one is required after their review, before the business license is issued.
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(fi of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16'h day of June, Two Thousand
Twenty Six.
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
V N
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Zoning 601 Nevan Road
�! Property Polygons
MMIL-AM Feet
0 40 80 160 240 320
Mao created by Plannina Deoartment on 5/15/2026
64
ITEM— VKJI
PLANNING
ITEM#784 74
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS
CONDITIONED,BYCONSENT,application ofSUSANE.BLACKMERGED TRUSTfor a Conditional
Use Permit re short term rental at 4005 Atlantic Avenue, Unit 104 DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SUSANE. BLACKMERGED TRUST for a Conditional Use Permit
re short term rental at 4005 Atlantic Avenue, Unit 104 (GPIN
24280514483780)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 104, 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 dwellingfor Short-
Term Rental purposes.
3. Off-street parking shall be provided as required by Section 241.2 and 23 03(b)(a)(i)(ii) of
the City Zoning Ordinance or as approved by City Council.
4. 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.
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.
June 16, 2026
65
ITEM— VKII
PLANNING
ITEM#78474
(Continued)
8. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes and to be physical present at the Short Term Rental within one
(1) hour.
9. If, or when, the ownership of the property changes, it is the seller's responsibility to 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
one million dollars.
10. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
11. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
12. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
13. Accessory structures shall not be used or occupied as Short Term Rentals.
14. No signage, except architectural signs naming the structure or other signs as permitted
under Sec. 211 shall be permitted on-site, except that each short term rental shall have one
(1)four-square foot sign posted on the building, or other permanent structure or location
approved by the Zoning Administrator, that identifies the property as a short term rental
and provides the telephone numbers for the Short Term Rental Hotlines in text large
enough to be read from the public street. The sign required by this section shall include
the owner or property manager's contact information.
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 one million dollars ($1,000,000)
underwritten by insurers acceptable to the City.
June 16, 2026
66
ITEM— VKH
PLANNING
ITEM#784 74
(Continued)
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.
20. A structural safety inspection report shall be provided to the city every five (5) years
indicating all exterior stairways, decks,porches, and balconies with a finished height more
than 30 inches above ground level have been inspected by either a licensed design
professional, or a licensed and insured Class A, B, or C general contractor qualified to
perform such inspection and are safe for use. The report must confirm the structure has
been built to the applicable residential building code standards and are free of observable
June 16, 2026
67
ITEM— V K.11
PLANNING
ITEM#78474
(Continued)
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 16'h day of June, Two Thousand
Twenty Six.
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
OR(STR-OR)
O'R
OR(STR-OR)
40
OR(STR-OR)
OR(STR-OR)
® site Susan E Black Merged Trust
p zoning 4005 Atlantic Avenue, Unit 104
Property Polygons s
Feet
0 15 30 60 90 120
Mao created by Plannina Department on 5/15/2026
68
ITEM— V.K.12
PLANNING
ITEM#784 75
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED BY
CONSENT, Ordinance to AMEND City Code Section 33-19 re hauling of sand, gravel, topsoil,fill or
other excavated material off an excavation site
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO AMEND CITY CODE SECTION
2 33-19 PERTAINING TO HAULING OF SAND,
3 GRAVEL, TOPSOIL, FILL, OR OTHER EXCAVATED
4 MATERIAL OFF AN EXCAVATION SITE
5
6 SECTION AMENDED: § 33-19
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That Section 33-19 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 33-19. Hauling of sand, gravel, topsoil, fill, or other excavated material off an
15 excavation site.
16
17 (a) It shall be unlawful for any person to haul more than three hundred thirty-seven (337)
18 in situ cubic yards of sand, gravel, topsoil, fill, or other excavated material from an
19 excavation site by vehicle upon any street in the City of Virginia Beach without a
20 hauling permit from the department of planning in accordance with the provisions of
21 this section.
22
23 (1) If the hauling project is associated with a Site Plan or Subdivision Construction
24 Plan, the hauling plan shall be reviewed, approved, and permitted as part of that
25 plan. The hauling work will be covered as part of the project right of way permit
26 and will not need a separate hauling permit. The $50 application fee and annual
27 renewal fee will not be required. All other requirements outlined below shall
28 apply.
29
30 (b) Application for a permit required by this section shall be filed with the department of
31 planning on forms supplied by the city. The application fee shall be fifty dollars
32 ($50.00). The application shall be signed by the property owner, hauler and operator
33 and shall include the following information:
34
35 (1) The names and addresses of all haulers;
36 (2) If the hauler is a corporation, the name and address of its corporate offices and
37 registered agent;
38 (3) The name and address of the excavator and/or operator;
39 (4) The names and addresses of owners of all property from which the fill material
40 is to be hauled. If the hauled material is to be deposited within the limits of the
41 City of Virginia Beach, provide proof of current VPDES or VESMP permit
42 coverage for the disposal site;
43 (5) The proposed date on which the hauling operation will commence and the
44 proposed date on which the operation will be completed;
45 (6) The total number of cubic yards of material to be hauled;
46 (7) The number, type, carrying capacity, and weight of vehicles to be used in the
47 hauling operation on a daily basis;
48 (8) The location of all haul roads leading to public streets and highways within the
49 hauling area;
50 (9) A statement listing the public streets to be used as haul routes to access an
51 arterial or major street or highway;
52 (10)A statement of the methods to be used to maintain or repair any public street or
53 highway to be used for hauling purposes;
54 (11)A site plan or survey of the excavation site, with a location map, showing the
55 locations of the area to be excavated, the on-site haul road, the point at which
56 the haul road intersects the public right-of-way, the nearest street intersections
57 in all directions leaving the excavation site and all existing and proposed
58 entrances on both sides of the public street within five hundred (500) feet of the
59 proposed entrance;
60 (12)A detailed description of the on-site haul road and the entrance to the public
61 right-of-way, including width, radii, composition of surface material and length of
62 improved surface;
63 (13) Erosion and sediment control measures to be employed at the haul road
64 entrance and all access points;
65 (14)The method by which dirt and dust will be controlled on the public streets and in
66 the air;
67 (15)A traffic maintenance/control plan, including, but not limited to, sign type, size,
68 color, lettering size and locations;
69 (16) Location and description of public structures and improvements immediately
70 adjacent to and under the haul road entrance; and
71 (17)A description or plan of all proposed improvements to mitigate the traffic impacts
72 associated with the hauling activity including, but not limited to, turn lanes,
73 signalization, striping and other traffic control measures.
74
75 In the event any changes in the above-required information are needed, the
76 applicant shall submit such changes to the planning department for review and approval
77 prior to the commencement thereof.
78
79 (c) The director of the department of planning or his designee shall determine the
80 acceptability of the hauling methods and routes proposed by the applicant, and shall
81 grant the hauling permit unless:
82
83 (1) Under accepted engineering standards, it is determined that the public streets
84 and highways to be used in the proposed hauling route cannot sustain the weight
85 or frequency of the hauling vehicles without substantial damage thereto; or
86 (2) The proposed hauling operation would render the streets and highways affected
87 by the hauling unsafe for public travel; or
88 (3) The noise or dust generated by the hauling operation is of such character,
89 intensity and duration as to be detrimental to the life or health of persons of
90 reasonable sensitivity, or to disturb or annoy the quiet, comfort or repose of
91 reasonable persons who reside in close proximity to the hauling operation..; or
92 (4) Any of the information required under this subsection is incomplete incorrect or
93 false.
94
95 ....
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day
of June 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
7 az_ SyAk��
Planning Department City Attorney's Office
CA17109
R-1
February 27, 2026
69
ITEM— V K.13
PLANNING
ITEM#784 76
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED BY
CONSENT, Ordinance to AMEND City Code Section 7.1 of the Subdivision Regulations re plans and
specifications for general improvements
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua E "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael E Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO AMEND SECTION 7.1
2 OF THE SUBDIVISION REGULATIONS
3 PERTAINING PLANS AND SPECIFICATIONS
4 FOR GENERAL IMPROVEMENTS
5
6 Section Amended: § 7.1
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 7.1 of the Subdivision Regulations is hereby amended and
15 reordained, to read as follows:
16
17 Sec. 7.1. Plans and specifications for general improvements.
18
19 A-. Plans and specifications for general improvements in [a] subdivision shall be
20 prepared and endorsed by a certified engineer. Manner of preparation and number
21 of copies provided shall be as appropriate to the type of improvements and the
22 requirements for local review, approval, inspection and recording, plus one copy for
23 return to the subdivider or his agent, bearing certification of approval by the
24 appropriate official or officials if approved, or if disapproved, indicating the reasons
25 for such disapproval.
26
27 Improvements for which such plans and specifications are required include all
28 required improvements and any gas, water, sewer or electric light or power works,
29 pipes, wires, fixtures or systems, or any telephone or community antenna television
30 systems or the like in, on or under any streets, alleys or easements within the
31 subdivision, and all other general improvements to be provided by the subdivider or his
32 agent, including preparation of land by grading, clearing, filling or drainage.
33
34 To the extent that specifications have been established by the city or other public
35 agency having jurisdiction concerning a particular type of improvement, they may be
36 included by reference and need not be restated in relation to a particular plan.
37
38 B. Plans and OnfoFmatien on hauling operations aGGOGiated with the eXGavatiGn of
39 sterrnwatep management faGilities. in addition te information requiFed under the
40
41
42 faGility will be hauled eff site, the fel!Gwing *RfOrmatiGR shall be submitted te the
43 plaRRing direGtGF:
44
m w m m w m w w w m -4 --4 --4 --4 --j -j --4 -j --4 -4 m m m m m m m 0 m m Ul Cn cn cn cn cn m m m Ol e -D6 -D16 -D, -D6
CD M --4 0 M -D- W N) C) CD M --4 M M -D- W N) — CD (0 OD --4 0') Cn -rh. W N) C) CD 00 -4 0) Cn e W N) — C) CD 00 -4 CY) C31
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91
92 reasonable sensitivity, ep to distwFb or anney the quiet,
93
4 (Q) Any of the information r n n;r d under this su b seGtinn is inne4eta innorro�n�
95 er false
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day
of June , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
tanning Department City Attorney's Office
CA17115
R-1
March 10, 2026
70
ITEM— VK14
PLANNING
ITEM#78477
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED BY
CONSENT, Ordinance to AMEND City Code Section 4 of the Site Plan Ordinance (Appendix Q re
information required on site development plan
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. `Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE AMEND SECTION 4 OF
2 THE SITE PLAN ORDINANCE (APPENDIX C)
3 PERTAINING TO INFORMATION REQUIRED
4 ON SITE DEVELOPMENT PLAN
5
6 Section Amended: § 4
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 4 of the Site Plan Ordinance is hereby amended and reordained to
15 read as follows:
16
17 Sec. 4. Information required on site development plan.
18
19 4.1. A site plan, prepared, stamped and endorsed by a registered engineer, surveyor
20 or other persons duly licensed by the Commonwealth of Virginia to practice as
21 such, shall be submitted with every application for approval. A sufficient number
22 of copies of the site plan shall be submitted, as the planning director shall require
23 and shall contain the following information:
24
25 . . . .
26
27
28 s6ibsec-t+eRs A. and-B of seGtien,T-oohe e sand, gravel-topseP, fill or ethe
29
30 hauled (D# site, the fGHOWiRg iRfOFFnation shall be submitted to the Gity agent:
31
32 (1)The names and addresses of all h`. ie
33 (2) if the hauler is a cei:poFatieR, the name and address of its GerpoFate G#iGes and
34 registered agent;
35 (3) The proposed date on which the hauling eperatien Will GOMmenGe and the
36
37 (4):�� total nurmb of GubiG yards of material to be hauled--,
38 (5) The numbeF, type, n piing n aeit it , and weight of veh+c-tes-tom be used On the
39
40 (6) The IeGatieR of all haul reads leading to publiG streets and highways withiR thee
41 hauling area
42 (7) A statemeRt listing the publiG streets to be used as haul routes te aGGess an
43 arterial or major street or high ay
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APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
lanning Department Attorney's Office
CA17116
R-1
March 10, 2026
71
ITEM— i!K.15
PLANNING
ITEM#784 78
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED BY
CONSENT, Ordinance to AMEND City Code Chapter 19 re mobile homes
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO AMEND CITY CODE CHAPTER
2 19 PERTAINING TO MOBILE HOMES
3
4 CHAPTER AMENDED: 19
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That Chapter 19 of the Code of the City of Virginia Beach, Virginia, is hereby
10 amended and reordained to read as follows:
11
12 CHAPTER 19 MOBILE HOMES
13
14 ARTICLE I. IN GENERAL
15
16 Sec. 19-1. Definitions.
17
18 For the purposes of this chapter, the following words and phrases shall have the
19 meanings respectively ascribed to them by this section:
20
21 Freestanding mobile home: A mobile home that is not located in a mobile home
22 park.
23
24 Mobile home: Any vehicle designed, maintained and offered or used for living or
25 sleeping purposes which is equipped or intended to be equipped with wheels or other
26 devices for the purpose of transporting the unit.
27
28 Sec. 19-2. Violations of chapter.
29
30 Unless otherwise specifically provided, a violation of any provision of this chapter
31 shall constitute a Class 1 misdemeanor.
32
33 Secs. 19-3-19-15. Reserved.
34
35 ARTICLE II. FREESTANDING MOBILE HOMES
36
37 Sec. 19-16. Enforcement of article.
38
39 This article shall be enforced by the director of planning or his
40 designee.
41
42 Sec. 19-17. Permit required.
43
44 It shall be unlawful for any person to maintain, operate, occupy or use a
45 freestanding mobile home, unless such person shall have obtained a permit therefor from
46 the department of planning publie works.
47
48 Sec. 19-18. Temporary use.
49
50 A permit for a temporary freestanding mobile home, to be used exclusively for
51 office quarters while the construction of the principal building is being planned and
52 completed or as temporary office quarters for firms engaged in highway construction,
53 building construction and trucking operations may be issued by the department of
54 planning publiG works for a period not to exceed one calendar year, provided all
55 requirements of the city zoning regulations are otherwise complied with. Such permit may
56 be renewed for additional twelve-month periods.
57
58 Sec. 19-19. Location in agricultural districts.
59
60 (a) A permit to allow one (1) freestanding mobile home may be approved by the
61 department of publiG werks planning in any area zoned agricultural district, provided
62 the following conditions are complied with:
63
64 (1) The mobile home is located to the rear or side and on the same lot or parcel with
65 a principal residential building and all dimensional requirements for two (2)
66 dwellings are complied with and the required yards or open space of the principal
67 dwelling are not encroached upon.
68
69 (2) The mobile home is not located within four hundred (400) feet of any other
70 residence existing on an adjacent parcel at the time application is made to locate
71 the mobile home.
72
73 (3) The immediately adjoining property owners and those directly across the fronting
74 street shall be notified by the department of publiGworks planning of the receipt
75 of an application to place a mobile home. Such notice shall be mailed at least
76 fifteen (15) days prior to the issuance of a permit by the department of pubtiE
77 work Es—planning.The address to which such notice shall be sent by the
78 department of planning shall be that as shown on the tax records of the city.
79
80 (4) The department of planning publiG werks shall not issue a permit to locate a
81 freestanding mobile home until the method of sewage disposal for such mobile
82 home is approved by the department of public health.
83
84 (5) A freestanding mobile home authorized under the terms of this section shall not
85 be occupied by anyone not a member of the immediate family resident in the
86 principal dwelling on the lot or parcel and such mobile home shall not be
87 occupied by more than one (1) family. For the purpose of this section, a member
88 of the immediate family is defined as any person who is a natural or legally
89 adopted child, grandchild or spouse or parent of the owner.
90
91 (6) The department of planning shall, upon written receipt of an objection from
92 persons set forth in (3) above to the placement of a freestanding mobile home,
93 refer the application to the city council for approval or disapproval. If no objection
94 is received by the department of planning publiG we*s, it shall be authorized to
95 issue the freestanding mobile home permit at the expiration of the notification
96 period.
97
98 (b) Notwithstanding the provisions of subsection (a) hereof, the city council may, by
99 resolution, allow the continuation of an existing freestanding mobile home if the
100 circumstances under which the original approval took place change, provided the
101 council finds the mobile home to be compatible with surrounding land use. In the
102 resolution permitting such continuation, the city council may attach conditions and
103 safeguards to its approval as it deems necessary to assure such compatibility.
104
105 (c) A temporary special permit may be issued by the department of planning
106 for a period not to exceed nine (9) months in a case where a single-family dwelling
107 has been destroyed or damaged by fire or other disaster to an extent which makes
108 such dwelling uninhabitable and only where such dwelling is to be rebuilt or repaired.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day
of ,Tune , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
tanning Department ity Attorney's Office
CA17104
R-1
February 18, 2026
72
ITEM— V K.16
PLANNING
ITEM#784 79
Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED BY
CONSENT, Ordinance to AMEND City Code Section 5.9 (Appendix D) of the Erosion and Stormwater
Management re construction general permit fees
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
1 AN ORDINANCE TO AMEND SECTION 5.9 OF THE CITY
2 CODE APPENDIX D, EROSION AND STORMWATER
3 MANAGEMENT, PERTAINING TO CONSTRUCTION
4 GENERAL PERMIT FEES
5
6 Section Amended: § 5.9 Erosion and Stormwater
7 Management
8
9 WHEREAS, the public necessity, convenience, general welfare and good zoning
10 practice so require;
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Section 5.9 of Appendix D, Erosion and Stormwater Management are
16 hereby amended and reordained to read as follows:
17
18 APPENDIX D STORMWATER MANAGEMENT
19
20 Sec. 5.9. Fees.
21
22 A. In instances when an erosion and sediment control only plan is submitted, a plan
23 review fee in the amount of one hundred dollars ($100.00) shall be required.
24
25 B. The City of Virginia Beach Land-disturbing Activity and Stormwater permit requires
26 both permit and inspection fees. This includes a permit fee in the amount of
27 seventy-five dollars ($75.00) and inspection fee in the amount of one and five-
28 tenths (1.5) percent of the total cost of construction as provided in the engineer's
29 cost estimate for the stormwater management system, with a fifty-dollar ($50.00)
30 minimum. Such fees shall be submitted to the Director of Planning or his designee
31 and made payable to the treasurer of the City of Virginia Beach.
32
33 C. Fees to cover costs associated with implementation of a VESMP related to land-
34 disturbing activities and issuance of general permit coverage and VESMP authority
35 permits shall be imposed in accordance with 9VAC25-875-1400. Table 1. When a
36
37 nGOMMOR plan of develOpMeRt or sale the appliGaRt shall be s bjeGt +n foes ("fetal
38 fee to be"paid-b' " iurmrrrn) in annnrd_anG.'_z with -disturbed aGreagevf
39 their site eF sates ac-eefd i Rg to T�.
40
41 Table 1: Fees foF r Ate D�,-r larR Revs { Gti9R GeReFal Perrnffi
Ft
42
Cow Foe n�i�
Stermwate diFeGtly to
CPlaR Revie the
1
Chesapeake BayPreservatiOR AGt Land Distiirhinry SiRgle
AGti Vl t-s6i jeEt-to GeneFal PeRn,t eoaoeFage; Family: $0
withFR designated aFeas-of Chesapeake Bay Act-IOGalities
with I t age equal to n�T ator than
vnZr�r�a�}d�tti-r��-aCre-�'"y" equal �cc rZrrc+rr
2,500 share feet and th"rran ranie) All O rc
I/
Gen Falb torTm ateF Managee-rmre Tt Small Gnnst�EteR CinnIo
Ac+"�L,and Clearing (Areas withi Rnnmmnn plan n Family:
devpaeRneRt or salewith land disc �rha
`"'.`"'��.'' ,--r�u-��,�Ge acreage less Duplex:
t h aaR 1 aGf
A11 r �
r� crr Qthecr..sT
General/SterrnwaterMaRagement--SMall CORStrUGtion Single Single
Activity/Land G l eaFi R g (Sites e r areas.`Within GGMMOR Family:
f1
t
plans of development
to
�f t -er sale with Ilaand disarcunbanGe All OtOthers:AG�-Teary equal-C'o or greater than 1 acre and less th_ R 5 $2-95 $111%
Acres) AlllOther&
General/Ster�mw Man
agement anagi eat Larne GRS4'a'ct♦ei` $2,4 r9 $ t
�Acetmvgty,Land CligariRg (Sites yr-areas Vfi�r-e n
plans of _deyelnnmont or sale with lAnd disti aGe
anreage equal to or greater than 5 areas and lac than 0
.Gen.e.rai/Sterrmnwater Management -Lari-ge-rnvonstraccry nT �, ` 0
nnrcGtiiv4 ilyriui`d Clearing [Sitesn—o areas within �i Trr— n
PlanS of development or sal,opmG�t e with land disturhannGee
a�agre e e e renter than 10 acres and less than
�gtm ,-�.���,- ar,-,-o--a�,��--�na-.��-.7-t-rra�-�
GeReir-al("T Management Lange lo�GRsstruC Ivrr $4 392 c$1 708
Activity/Land GlearRg (Sites or areas withincom�m,en
plans of de ent�i__or__sale with land disturhannc—e
aEFeage equal to of gFeater than 50 Gres ages t�rr
General/Stormwatteerr_Management Large Constri intinn $6_91 $2_688
Act+vitylLand Clearing (Siteser areas Wier-Gomm MOR
plans of develOpMenc tTrt yr—,spaIe with land disturbanGe
acreage equal te or greater than 100 aGres)
43
44 if the PFOjeGt is completely administered by the department such as may be the case
45 for a state E)r federal projeGt or projeGtS Govered by individual permits, the entiree
46 applREant,-fee shall he paid to the department
47
48 D. Fees for the modification or transfer of registration statements from the general
49 permit issued by the department shall be imposed in accordance with 9VAC-875-
50 1410. Table 2. if the general permit PnedifiGatiens result in changes te stermwate
51 maRagement PlaRS that require additiGRal review by the City SUGh reviews shall be
2
52 subjeGt te the fees set out in Table 2. The fee assessed shall be based OR the tetal
53 disturbed aGreage of the site. in addition te the general peRnit modifiGatien fee,
54 modifiGatieRS resultenG 1R ` MG-rease in total disturbed aGreage shall pay-the
55 duffeFenGe in the permit -.1--e paid and the permit fee that wGuld have applied
56 for the tetaal disturbed acreage-iceTable
57
58 Table 2: Fees fOF the medifiGatien E)F transfer of registratiOR statements fer the General
59 Permit for DiSGhargesoff Stermwater from GonStF Grim_A.+ eS
60
Type ef Permit Fee Amount
General/Ste mwater Management Small ConStrUGt� $20
ln tivity/Lund C fie- .J (Areas within GOMmon —pla Ts vf
development or sale with land dEsturbanGe acreage login
Genera VSte rmwater MaRagerne t Small Ge;s-ti:LiGtmon $200
4rtiyity/I and Clearing (Sites or areas within nnmmnn plans odevelopment or sale with land disturbance acreage equal to o
Generat/SterMwater Management Large CavnstcranttPC)R $2-50
DGtiyity/I and Clearing (Sites er areas within nnmmnn plans odevelepment or sale with land disturbanGe aGreage equal to 9
gene al/R.tr�.r�water -Management Large CenStFUGtiGR $3W
Activity/Land (Tearing (Sites or areas within nnmmnn plans of
development oF sale with land disturbaRGe aGFeage equal to c)
ente ral/R. mln.ater�Ta n a-gem e t Large G E);Suction $450
GtmV'ty/I and (Tearing (Sates er areas within nnmmnn plans 0
development or sole with land disti irhanre anreaoe equal to ogreater than 50 aGres and less than 100 aGreo
reneralj-2tef�w,ater Management Large GonStFUGtion $700
Activity/Land Glearing (Sites or areas within nnmmnn plans of
deyeleet eF sal with land dish irhanne acreage equal to or
61 N `'
62 E. The following annual permit maintenance shall be imposed in accordance with
63 -Table-3 9VAC25-875-1420, including fees imposed on expired permits that have
64 been administratively continued. With respect to the general permit, these fees
65 shall apply until the permit coverage is terminated.
66
67 Table 3: Permit Maintenance Gees
68
Type E)f Chesapeake
e� Fee Amount
mt
Chesa qr� y presentation Ant Land Disturhinn /1ntiViti
c... ��,.,-�r--i�-+-r-c�c� vucro'rr�-cc��crrrcr�oTa�r�ai sites
crvTc� V7c7V
(R��s�eGt to General--PeerMit Leverage;sites within
3
dos+i,rhrur aRGe-aGFe`"ge equal f�fe•ater than 2,500 nuar
Gen
/�
eral/StefFRwatteF Ma�;�i�♦� —S,mal—�„���, $59
AGti�and Glea�g(Arears th� iR -evmmE)n pI n nvf
develepMeRt er sale with lour♦ disturhanne aGFeage less than
Anfivify! and Glearino (Cites or areas within nommen plans e
devel.epmettt eF sale or greater
GeReral!StormwwateF MaRagemencRt Large Gof ns,�,UGt;GR $500
General/SterrnwateF MaRage„enr I=aFge Gnns+FUGtien g
AGtivi♦y/I and Glearino (Sites or areas within nommon plans of
G eneral/'S'teFmw'ateF MaRagcern n�nt Larne Gens+rUntieR $900
AGtivity/I and Clearing /Ci♦•es or area ��iithin Gammon plans of w�+�+�+
development or sale with land distuFbanne anreane equal to ogreater than 50 aGreS and less than 100 aGre.&)
eneral/SteFmwateF Management La,Fge Ge;StFUGtien $1,400
greater 100-_aGfe-&)
69
70 General permit coverage maintenance fees shall be paid annually to the City, by the
71 anniversary date of general permit coverage. No permit will be reissued or automatically
72 continued without payment of the required fee. General permit coverage maintenance
73 fees shall be applied until a Notice of Termination is effective.
74
75 F. The fees set forth in subsections A through C of this section, shall apply to:
76
77 1. All persons seeking coverage under the general permit.
78 2. All permittees who request modifications to or transfers of their existing
79 registration statement for coverage under a general permit.
80 3. Persons whose coverage under the general permit has been revoked shall
81 apply to the department for an Individual Permit for Discharges of Stormwater
82 from Construction Activities.
83
84 G. Permit and permit coverage maintenance fees outlined under section 5.9 may apply
85 to each general permit holder.
86
87 H. No general permit application fees will be assessed to:
88
4
89 1. Permittees who request minor modifications to general permits as defined in
90 section 1.2 of this Ordinance. Permit modifications at the request of the
91 permittee resulting in changes to stormwater management plans that require
92 additional review by the VESMP Administrator shall not be exempt pursuant to
93 this section.
94 2. Permittees whose general permits are modified or amended at the initiative of
95 the department, excluding errors in the registration statement identified by the
96 VESMP Administrator or errors related to the acreage of the site.
97
98 I. All incomplete payments will be deemed as non-payments, and the applicant shall
99 be notified of any incomplete payments. Interest may be charged for late payments
100 at the underpayment rate set forth in Code of § 58.1-15 and is calculated on a
101 monthly basis at the applicable periodic rate. A ten (10) percent late payment fee
102 shall be charged to any delinquent (over ninety (90) days past due) account. The
103 City shall be entitled to all remedies available under the Code of Virginia in
104 collecting any past due amount.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day
of June , 2026.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?Planning Department y Attorney's Office
CA17212
R-1
April 20, 2026
5
'3
ITEM— V L
APPOINTMENTS
ITEM#78480
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ACTIVE TRANSPORTATIONADVISORY
ADVERTISING ADVISORY COMMITTEE
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
DEFERRED COMPENSATION BOARD
GREEN RIBBON COMMITTEE
HISTORIC PRESERVATION COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
TRANSITION AREA/INTERFACILITY IRA FFICAREA CITIZENS AD VISOR Y COMMITTEE
June 16, 2026
74
ITEM— i!L
APPOINTMENTS
ITEM#78481
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
KIMBERLYHAMMER
Four year term 81112026— 713112030
ARTS AND HUMANITIES COMMISSION
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
7-
ITEM— V L
APPOINTMENTS
ITEM#78482
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
ALEIHA GRAVES
Student Member
One year term 71112026—613 012 02 7
CLEAN COMMUNITY COMMISSION
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
76
ITEM— V L
APPOINTMENTS
ITEM#78483
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
STEPHENROCKEFELLER
Citizen At-Large
Unexpired thru 813112026
Plus three year term 91112026—813112029
COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. `Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
77
ITEM— V.L
APPOINTMENTS
ITEM#78484
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
SOPHL4 RICHARDSON
Student Member
One year term 71112026—613012027
FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
78
ITEM— i!L
APPOINTMENTS
ITEM#78485
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
LL4M WHITEHEAD
QUYNHN. CAO
Student Members
One year term 71112026—613012027
HUMAN RIGHTS COMMISSION
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
79
ITEM— V.L
APPOINTMENTS
ITEM#78486
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
ALEXANDER MOORE
Student Member
One year term 71112026—613012027
PARKS AND RECREATION COMMISSION
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
80
ITEM— V L
APPOINTMENTS
ITEM#78487
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
RANDALL NIED
Student Member
One year term 71112026—613012027
PUBLIC LIBRARY BOARD
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. `Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
81
ITEM— V L
APPOINTMENTS
ITEM#78488
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
DANIELLA ANDRADES
IZABELA THOMPSON
Student Members
One year term 71112026—613012027
RESORT ADVISORY COMMISSION
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
8?
ITEM— V L
APPOINTMENTS
ITEM#78489
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
TAMIKA SINGLETARY-JOHNSON
City Representative
Four year term 71112026-613012030
TIDEWATER COMMUNITY COLLEGE BOARD
Voting: 8- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Abstaining:
Jennifer Rouse
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
Gl iAL'BF'�c
4 � r
U �
z
Op OUR N 0NS
V ftm n
JENNIFER.ROUSE CELL:(757)840-1621
COUNCIL MEMBER EMAIL:ivrouse0vboov.com
DISTRICT 10
May 19, 2026
In Reply Refer to 0101801
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the
following declaration:
1. I am executing this written disclosure regarding the City Council's vote on an
appointment to the Tidewater Community College (TCC)Board.
2. I am employed by TCC and therefore have a personal interest in TCC. TCC's
campus is located at 1700 College Crescent, Virginia Beach, VA 23453.
3. Although the City Attorney has advised me that the Act allows me to participate
in the Council's consideration of this matter upon disclosure of my employment, I
have chosen to abstain from the Council's vote on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council. Thank you for your assistance.
Sincerely,
fifer . Rouse
uncilmember
JVR/RRI
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
83
ITEM— V.L
APPOINTMENTS
ITEM#78490
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
RYANBLAKE
Student Member
One year term 71112 02 6—613 012 02 7
TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS AD VISOR Y COMMITTEE
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
84
ITEM— V.L
APPOINTMENTS
ITEM#78491
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
PARKERSONHAGUE
Citizen
Three year term 611912026—513112029
VIRGINIA BEACH TO WING AD VISOR YBOARD
Voting: 9- 0
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"
Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson
Council Members Absent:
Michael F. Berlucchi
Stacy Cummings
June 16, 2026
85
ADJOURNMENT
ITEM#78492
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 6:29 P.M.
r
Per elinity"c-"lerk
Chief Deputy
raw
Am a Barnes, MM Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
June 16, 2026