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Home My WebLink AboutJULY 7, 2026 INFORMAL AND FORMAL SESSION MINUTES U s s �% 'fig �h° Of OUR pim", VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia JULY 7, 2026 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, July 7, 2026, at 3:30 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse—Arrived at 3:40 P.M. 2 CITY COUNCILS BRIEFINGS 2027 LEGISLATIVE AGENDA TIMELINE ITEM#78505 3:30 P.M. Mayor Dyer welcomed Brent McKenzie, Legislative Affairs Director. Mr. McKenzie expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. McKenzie for the presentation. July 7, 2026 ..r _t The CityVirginiaof Beach Draft 2027 General Assembly Legislative Agenda July 7, 2026 CITY OF VIRGINI. BEACH Today's Presentation 1. General Assembly Preview 2. Legislative Agenda timeline 3. Legislative Agenda Planning 4. Policy Priorities 5. Guidance/Questions Guidance At the conclusion of today's presentation, we are looking for: 1. Concurrence with proposed timeline 2. Guidance on policy priorities for the 2027 General Assembly session 3. Initial issues that should be considered for the draft legislative agenda r�: :.. sue. . > . , , �s.;'•, � ,~� ;,e_: 2027 General Assembly • 2027 will be a 46-day "short" session Virginia General Assembly • Will amend the FY27-28 budget that was just recently adopted Senate 19 • Session begins on January 14tn 21 • Will set the stage for the 2027 elections 3 • All 100 members of House House 64 • All 40 members of the Virginia Senate 0 10 20 30 40 50 60 70 Republican Democrat 4V13 • • . .• • Ah C I July/August Solicit Department Directors and Council Members for agenda requests August/September Vet ideas and draft language for legislative agenda October 13 Present Draft Legislative Agenda October 20 Public Hearing for Legislative Agenda October 27 Council provides feedback based on public input as to what they would like to see in the final agenda November 10 Legislative Agenda is brought to Council for adoption November — December Legislative Agenda is communicated to Virginia Beach Delegation and bill patrons are requested November — December Legislative reception City Council Policy — Legislative Agenda A legislative agenda item for the draft legislative agenda may be proposed in one of three manners: 1. Proposed by the Mayor 2. Proposed by at least three members of the City Council 3. Proposed by a City Department and approved by the City Manager Adoption Requirements: • Legislative Agenda items require 2/3s majority for approval • Charter amendments to the legislative agenda requires 3/4s majority for approval az Policy Priorities 1. Affordable Housing 2. Economic Development 3. Education 4. Energy 5. Fiscal Responsibility and Budget Impacts 6. Flooding and Stormwater 7. Land Use 8. Public Safety 9. Transportation a Legislative Sections 1. Charter Amendments 2. Legislative Requests 3. Budget Requests Guidance and Questions 1. Concurrence with proposed timeline 2. Guidance on policy priorities for the 2027 General Assembly session • Affordable Housing • Economic Development • Education • Energy • Fiscal Responsibility and Budget Impacts • Flooding and Stormwater • Land Use • Public Safety • Transportation 3. Initial issues that should be considered for the draft legislative agenda 3 CITY CO UNCIL'S BRIEFINGS RETAIL CANNABIS UPDATE ITEM#78506 4:02 P.M. Mayor Dyer welcomed Amanda Jarratt, Deputy City Manager and Hannah Sabo, Zoning Administrator— Planning. Ms. Jarratt 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. Jarratt and Ms. Sabo for the presentation. July 7, 2026 „ �dam• cs. f , 27 Cannabis Legislation Update Amanda C. Jarratt, Deputy City Manager Hannah Sabo, Zoning Administrator July 7, 2026 CI 1 Y OF VIRGINI . BEACH vs 1 Purpose • Provide an overview of the adopted Cannabis Legislation • Provide an overview of potential zoning regulations to be implemented in the City of Virginia Beach • Provide an overview of local taxation authority of cannabis • Provide an overview of next steps and proposed timeline of approvals 1'CANNABIS LEGISLATION UPDATE 2 4' F '1 State Code • • Currently only medical cannabis sales are permitted • State Code change allows retail sales of cannabis starting July 1, 2027, with the state application process tentatively scheduled to begin February 1, 2027, and issuance beginning in May of 2027 CANNABIS LEGISLATION UPDATE 3 Virginia Cannabis Control Authority Virginia Cannabis Control Authority • Issues licenses • Notifies local governments of a preliminary license approval and providing localities 30 days to issue any objections • Promulgate regulations that may include: • Setting a limit to the number of licenses that will be available in each locality • Setting a minimum distance required between retail establishments and between retail establishments and microbusinesses CANNABIS LEGISLATION UPDATE 4 Cultivation Authorizes the licensee to cultivate, label, and package marijuana. Five tiers ranging from a maximum canopy of 5,000 sq. ft. to 35,000 sq. ft. State Regulations include, but are not limited to: Licensee shall track the marijuana it s ,4n cultivates from seed or immature marijuana plant to the point at which the marijuana plant is transported or transferred or destroyed • Shall meet all sanitary and security standards specified in regulations adopted by the Board § 4.1-800. Marijuana cultivation facility license CANNABIS LEGISLATION UPDATE 5 „�,„, Processing Authorizes the licensee to process, label, and package marijuana and marijuana products. State Regulations include, but are not , ., . limited to: • Licensee shall track all marijuana to the point at which the marijuana plant is transported or transferred or destroyed - • Shall meet all sanitary and security - � N standards specified in regulations adopted by the Board . § 4.1-801. Marijuana processing facility license CANNABIS LEGISLATION UPDATE 6 ry Permits the sale of: marijuana, marijuana products, marijuana paraphernalia, immature marijuana plants, or marijuana seeds to consumers in person or through a licensed marijuana delivery operator. State Regulations include, but are not limited to: 0t REA110N .r`ll • Must be 21 or older to purchase • h sales windows or vending ;No drive-through g machines • No sales of more than 2 ounces during a single _ ',' _ transaction to one persona • No internet sales platform operated by a third -' party • Cannot exceed 2,500 square fee of retail floor P„ q[IOWfD space -- § 4.1-802. Retail marijuana store license CANNABIS LEGISLATION UPDATE 7 , �;; • ..r State Regulations continued: -rill • Cannot be located within 1,000 feet of any hospital; public, private, or parochial school or M .F institution of higher education; or child day program (locality may reduce the 1,000 feet limit, it cannot increase) Y • Cannot be located in an area that will adversely affect real property values or NO Ph HSONS F. ALtOWED substantially interfere with tranquility of residential area § § 4.1-02. Retail marijuana store license CANNABIS LEGISLATION UPDATE 8 Microbusiness Authorizes marijuana cultivation, marijuana processing, and retail marijuana sales on the same premises. Cultivation of marijuana is limited to a canopy of 5,000 sq. ft. indoors and 10,000 sq. ft. outdoors. State Regulations include, but are not limited to: • Must follow all statutory requirements ,. listed for individual licenses • Microbusiness licensee shall not hold or control any other license and may operate only one licensed premises A I _ § 4.1-803. Microbusiness license CANNABIS LEGISLATION UPDATE 9 Transporter Authorizes the licensee to transfer possession of marijuana, marijuana products, immature marijuana plants, and marijuana seeds from a licensed facility to another licensed facility State Regulations include, but are not limited to: ' • Licensee shall track all marijuana to \ the point at which the marijuana plant is transported, transferred, or destroyed ` • Shall meet all sanitary and security " - - standards specified in regulations r adopted by the Board ri!�✓A w.3k n ivr a § 4.1-804. Marijuana transporter license. CANNABIS LEGISLATION UPDATE 10 Delivery Authorize the licensee to take marijuana or marijuana products from a retail marijuana store or microbusiness and deliver such marijuana or marijuana products only in-person to consumers at any residence, including a temporary residence, or business. ONE State Regulations include, but are not limited to: • Delivery is not permitted to: (i) any military base, child day center, school, or correctional facility; (ii) the State Capitol; (iii) hospital; (iv) marine = terminal under the supervision of the Virginia ' Port Authority; or (v) any public gathering places, including sporting events, festivals, fairs, races, • concerts, and terminals of public transportation companies • Licensee shall track all marijuana to the point at § 4.1-805. Marijuana delivery operator license. which the marijuana plant is transported, transferred, or destroyed CANNABIS LEGISLATION UPDATE 11 Facility Testing Authorizes the licensee to develop, research, transport, or test marijuana, marijuana products, and other substances. --- State Regulations include, but are not limited to Licensee shall track all marijuana to the point at which the marijuana plant is l transported, transferred, or destroyed t '" • Shall meet all sanitary and security standards specified in regulations adopted by the Board � § 4.1-806. Marijuana testing facility license. CANNABIS LEGISLATION UPDATE 12 Regulation Options Most restrictive option : Require a Conditional Use Permit (CUP) in each proposed district Least restrictive option: Allow uses by-right in each proposed district Zoning regulation options: • Hours of operation Building footprint and location • Distance from other uses Security plan • Location in districts How the use is permitted • Signage CANNABIS LEGISLATION UPDATE 13 Staff's Recommendation - Cultivati By-Right: , t • AG-1 Agricultural District • AG-2 Agricultural District `Y , • 1-1 Light Industrial .•_ �` ��W • 1-2 Heavy Industrial 4• , ...........:. CANNABIS LEGISLATION UPDATE 14 Staff's Recommendation - Cultivati Proposed regulations: 1. Any outdoor signs placed on the property of a marijuana establishment shall not • display imagery of marijuana or the use of marijuana or • draw undue attention to the facility, but may be designed to assist consumers to find the marijuana establishment 2. Compliance with all state regulations 3. A security plan will be submitted for review and approval by the Virginia Beach Police Department CANNABIS LEGISLATION UPDATE 15 Staff's Recommendation - Processing By-Right: • AG-1 Agricultural District '. • AG-2 Agricultural District 3 E • 1-1 Light Industrial • 1-2 Heavy Industrial f, .a r i M By-Right ._,... t CANNABIS LEGISLATION UPDATE 16 Staff's Recommendation - Processing Proposed regulations: 1. Any outdoor signs placed on the property of a marijuana establishment shall not • display imagery of marijuana or the use of marijuana or • draw undue attention to the facility, but may be designed to assist consumers to find the marijuana establishment 2. Compliance with all state regulations 3. A security plan will be submitted for review and approval by the Virginia Beach Police Department CANNABIS LEGISLATION UPDATE 17 Staff's Recommendation - Retail Conditional Use Permit: • B-1A Limited Community Business ' B-2 Community Business • B-3 Central Business • B-4 Mixed Use By Right: • 1-1 Light Industrial • 1-2 Heavy Industrial Conditional Use Permit ...,, By-Right CANNABIS LEGISLATION UPDATE 18 ,,,� Staffs Recommendation - Retail Proposed regulations: 1. Hours of retail operation limited to Monday — Saturday 10 a.m. — 9 p.m. Sunday 10 a.m. — 6 p.m. 2. Not permitted within 1,000 ft of a hospital, school, higher education, child day program, or another retail cannabis establishment 3. Limitations on signage 4. Drive-through facilities not permitted 5. The allowable square footage of retail floor space shall not exceed 2,500 sq. ft. 6. Compliance with all state regulations 7. A security plan will be submitted for review and approval by the Virginia Beach Police Department Proposed Standard CUP Condition: 1. State licensure must be obtained within 365 days of the CUP approval CANNABIS LEGISLATION UPDATE 19 Staff's Recommendation - Micr • • Conditional Use Permit: • B-1A Limited Community Business • B-2 Community Business • B-3 Central Business • B-4 Mixed Use ` t By-Right: • 1-1 Light Industrial a; i F • 1-2 Heavy Industrial Conditional Use Permft By-Right CANNABIS LEGISLATION UPDATE 20 Staff's Recommendation - Micr • • Proposed regulations: 1. Hours of retail operation limited to Monday — Saturday 10 a.m. — 9 p.m. Sunday 10 a.m. — 6 p.m. 2. Not permitted within 1,000 ft of a hospital, school, higher education, child day program, or another retail cannabis establishment 3. Limitations on signage 4. Drive-through facilities not permitted 5. The allowable square footage of retail floor space shall not exceed 2,500 sq. ft. 6. Compliance with all state regulations 7. A security plan will be submitted for review and approval by the VB Police Department Proposed Standard CUP Condition: 1. State licensure must be obtained within 365 days of the CUP approval CANNABIS LEGISLATION UPDATE 21 Staff's Recommendation - Trans By-Right: • AG-1 Agricultural � • AG-2 Agricultural • 0-1 Office y M' • 0-2 Office ' • B-2 Community Business . • B-3 Central Business • 1-1 Light Industrial • 1-2 Heavy Industrial ........... "_!?By-Right CANNABIS LEGISLATION UPDATE 22 Staffs Recommendation - Trans Proposed regulations: 1. Sign regulations 2. Compliance with all State regulations 3. A security plan will be submitted for review and approval by the Virginia Beach Police Department CANNABIS LEGISLATION UPDATE 23 ,, Staff's Recommendation - Delivery Operator By-Right: • B-1A Limited Community Business • B-2 Community Business • B-3 Central Business B-4 Mixed Use VL • B-4C Central Business Mixed Use • 6-4K Historic Kempsville Area Mixed Use iy W By-Right CANNABIS LEGISLATION UPDATE 24 Staff's Recommendation — Delivery Operator Proposed regulations: 1. Sign regulations 2. Compliance with all state regulations 3. A security plan will be submitted for review and approval by the Virginia Beach Police Department CANNABIS LEGISLATION UPDATE 25 Staffs Recommendation - Testing Facility Conditional Use Permit: • AG-1 Agricultural • AG-2 Agricultural • 0-1 Office • 0-2 Office .s By-Right: , • 1-1 Light Industrial • 1-2 Heavy Industrial n, I , CANNABIS LEGISLATION UPDATE 26 � ... Staffs Recommenda tion = Facility Proposed regulations: 1. Sign regulations 2. Compliance with all state regulations 3. A security plan will be submitted for review and approval by the Virginia Beach Police Department Proposed Standard CUP Condition: 1. State licensure must be obtained within 365 days of the CUP approval CANNABIS LEGISLATION UPDATE 27 Consumption • No Public Consumption is permitted in the Commonwealth • Fine increases from $25 to $250 (effective date July 1, 2027) • Locality may adopt an ordinance that prohibits use in public parks, playgrounds, public streets, or any sidewalk adjoining a public street and the locality may prescribe a violation of such ordinance • Operating a vehicle while under the influence is not permitted in the Commonwealth • Consumption is only allowed on private property with the owner's permission • Virginia will be the 241" State, and Washington D.C., to allow recreational use of marijuana • Out of the 23 states and D.C., all but 4 do not allow public consumption • The 4 that allow public consumption have limited areas, which normally relate to areas where tobacco can be used CANNABIS LEGISLATION UPDATE 28 _ :. Messaging Current Mes aging SHARING CONTINUED... • 'Adult sharing'is defined 'Adult sharing"does not as the transferring of include instances where marijuana or marijuana marijuana is given away with products between persons another transaction,in who are 21 years or older conjunction with a promotion, without remuneration or is contingent upon a separate transaction for LAWS IN VIRGINIA MAY HAVE CHANGED AROUND THE USE VA State Code 4.1-1101 goods or services. AND POSSESSION OF MARIJUANA BUT WITH LEGALIZATION"COMES LIMITATIONS, Except as authotized in the Drug Control Act DO YOU KNOW WHERE THE LINE IS WHEN IT COMES TO SELLING (54.1-3400 et seq),it is unlawful for any GROWING,DISTRIBUTING,AND POSSESSING WEED? person to sell marijuana or marijuana products. Business establishments that allow for the sale or use of 11— 61 1100 marijuana or marijuana products ate subject to revoked licenses/permits.Staff in such establishments can be charged with a Class I misdemeanor or a Class 6 felony. GROWING ESSION VA State Code 18.2-248.1 Virginia residents,21 Yeats Adafts,21.Yeats of age, of age and older,are able can have up to I ounce of PUBLIC USE to possess up to 4 plants marijuana in their per household for personal possession.This also C�D Use. includes products such as Consuming marijuana or marijuana gummies,oils'vapos'etc. products,or offering it to another VA State Code 4,11-11101 VA State Cod.4.1-1100 r>r person,in public place or in public view is still strictly prohibited by law VA State Code 4.1-1108 CANNABIS LEGISLATION UPDATE 29 Messaging Communications Strategy & Rollout • Create a unified messaging framework for all City communications • Develop a timeline and strategy for public updates leading up to 2027 and beyond • Ensure consistent messaging across departments and platforms Key Messages • Preparing our City for a safe, responsible and community-aligned cannabis future • As cannabis retail approaches, our City is committed to a rollout that protects residents and supports local opportunity • The City of Virginia Beach is planning ahead for community-aligned ongoing messaging with thoughtful zoning, coordinated services and policies that support orderly and responsible growth CANNABIS LEGISLATION UPDATE 30 Messaging Overall Goal • To develop and communicate a comprehensive local framework that ensures the safe, orderly and community-aligned integration of cannabis businesses into the City once statewide retail sales begin in 2027. Campaign Tactics (Not All) • Webpage with ongoing updates • Blog Post/FAQ page • Social media content (Instagram Reels, Facebook) • Press release/Media Advisory • Media Interviews • Collaboration with Virginia Beach Police Department, Virginia Beach Fire Department, Code Enforcement and other relevant departments • Generic flyer • Community organization outreach CANNABIS LEGISLATION UPDATE 31 - M x tea.:. Taxation Authority • The adopted legislation implements a 6% State cannabis tax before July 1, 2029 and at the rate of 8% after July 1, 2029 • The distribution of state generated revenue will be restricted to the following categories as part of the Commonwealth's budget process: • Early childhood care and early childhood education • Cannabis Equity Reinvestment Fund • Department of Behavioral Health and Developmental Services • Public health programs • Localities are authorized to adopt an additional 1%-3.5% local tax • The City of Virginia Beach intends to recommend the adoption of a tax rate at 3.5% CANNABIS LEGISLATION UPDATE 32 - 9 91 M Mv rllmn • Update various City Boards, Commissions and Public Outreach • Planning Commission Vote • City Council Vote • Adoption prior to February 1, 2027 • New ordinance effective July 1, 2027 CANNABIS LEGISLATION UPDATE 33 DISCUSSION THANK YOU CANNABIS LEGISLATION UPDATE 34 » 4 CITY COUNCIL LL4ISONREPORTS ITEM#78507 4:17P.M. Mayor Dyer advised that the first meeting of the Virginia Beach Safety Task Force was held on July 6`"to review the ground rules for going forward. Mayor Dyer expressed his appreciation to Deputy City Manager Croskey for providing a wonderful presentation and believes the 19-Member Task Force represents a broad spectrum of the City who are engaged and will do a good job. Mayor Dyer advised at the end of the month, Delceno Miles will host three public engagement sessions for residents, businesses and the Oceanfront community, and civil rights and faith-based organizations. July 7, 2026 5 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#78508 4:18 P.M. Council Member Remick complimented City employees, including public safety personnel,for their work during the country's 25e anniversary celebrations. Council Member Remick advised he did not have the exact numbers for how many people were gathered at the Oceanfront but explained the restaurants were very busy and the hotels did not have any vacancies and again expressed his appreciation to City staff for supporting a safe and successful holiday weekend. Council Member Remick further advised that Dawson Taylor recently passed away at the age of 103 years old. Council Member Remick advised he was known as, "Mr. Virginia Beach"and a true gentleman, adding he was an active leader in the community, the founder of Taylor's Do It Center, veteran, husband and father and will be sorely missed. July 7, 2026 6 CITY COUNCIL DISCUSSIONIINITMTIVES/COMMENTS ITEM#78509 (Continued) Council Member Ross-Hammond advised that she attended activities at the Oceanfront with family members who came to visit from North Carolina and reported that the events were well attended and orderly. Council Member Ross-Hammond advised the primary concern she heard from attendees was the need for additional parking. Council Member Ross-Hammond further advised she has two (2) events coming up with the first being a Community Day meeting on July 9`h, clarifying that it is a community event rather than a campaign event. Council Member Ross-Hammond advised the second event will be on July 11`h in the Queen City neighborhood, to celebrate and honor the 100`h birthday of an African American Buffalo Rider. July 7, 2026 7 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#78510 (Condnueio Vice Mayor Wilson advised she will host a District S Town Hall meeting on July!e from 6:00— 7:30 P.M at the South Building of the Virginia Aquarium and invited the viewing public to attend. July 7, 2026 8 AGENDA REVIEW SESSION ITEM#78511 4:22 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS: 1. Ordinance to AUTHORIZE acquisition ofproperty in fee simple and the acquisition of temporary and permanent easements, either by agreement or condemnation re Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program(HSIP)Project, CIP 100423.025 2. Ordinance to MODIFYthe boundary of the Old Donation Neighborhood Dredging Special Service District(SSD)re remove one(1)property and AUTHORIZE the REFUND of SSD Levies 3. Ordinance re the Compensation of the City Manager effective July 1, 2026 (Requested by City Council) 4. Ordinance re the Compensation of the City Attorney effective July 1, 2026 (Requested by City Council) 5. Ordinance re the Compensation of the City Clerk effective July 1, 2026 (Requested by City Council) 6. Ordinance re the Compensation of the City Real Estate Assessor effective July 1,2026(Requested by City Council) 7. Ordinance re the Compensation of the City Auditor effective July 1, 2026 (Requested by City Council) 8. Ordinance to ADD a third Student Member to the Flood Prevention Bond Referendum Oversight Board 9. Ordinance to ADD two (2) additional Student Members to the Virginia Beach Clean Community Commission 10. Ordinance to AMEND the Attainable Workforce Housing Performance(AWHP)Grant Program and AUTHORIZE certain actions in furtherance thereof 11. Resolution to GRANT a permit re ALLOWMidwest Medical Transport,LLC(MMTAmbulance) to operate in the City 12. Resolution to EXTEND the Transmittal Date of the Planning Commission's recommendation on the proposed Amendments to the City Zoning Ordinance (CZO) to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District and AMEND CZO Section 241.2 re Short Term Rentals July 7, 2026 9 AGENDA REVIEW SESSION ITEM#78SI1 (Continued) 13. Ordinance to ADD Article VI to City Code Chapter 31 re use of expanded polystyrene foodservice containers 14. Resolution to SUPPORT the City's 2026 Round Seven(7)Applications to the Virginia Department of Transportation (VDOT)re SMART SCALE program 15. Ordinance to AUTHORIZE temporary encroachments into a City-owned drainage and pondage easement at the rear of 528 Melrose Circle re construct and maintain a timber wharf, rip rap revetment, and maintain an existing timber bulkhead DISTRICT 8 16. Ordinance to AUTHORIZE a temporary encroachment into a City-owned property known as Treasure Canal at the rear of 2229 Spinnaker Circle re maintain two(2) existing timber floating piers, existing aluminum boat lift with timber piles, existing aluminum personal watercraft lift, remove and replace an existing timber floating pier and construct and maintain a replacement vinyl bulkhead with two return walls DISTRICT 8 17. Ordinance to APPROPRL4TE$3-Million of the Open Space Special Revenue Fund Balance to the FY 2026-27 Capital Improvement Program; AMEND the scope of Capital Project #100667 "Rudee Loop Park Development"; and A UTHORIZE the acquisition of property at 310 Atlantic Avenue from 310-314 Atlantic Avenue, LLC 18. Ordinance to APPROPRL4TE $516,923 from the Hurd's Cove Special Service District (SSD) Special Revenue Fund and$128,227from private access basin funds within the FY2026-27 Capital Improvement Program re Capital Project#100210 "Hurd's Cove Neighborhood Dredging" 19. Ordinance to ACCEPT and APPROPRL4TE $6,000 from the Virginia Department of Criminal Justice Services(DCJS)to the FY2026-27 Police Department Operating Budget repurchase Axon Fuses Core Pro July 7, 2026 10 AGENDA REVIEW SESSION ITEM#78511 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING: 1. JOHNTRAN&LIENNGUYEN/LIENNGUYENNGOC-THI& JOHNTRANfor a Variance to Section 4.4 (b) of the Subdivision Regulations re lot area and width at 1117 Beautiful Street DISTRICT 6 2. MATTHEW& JESSICA FIRME for a Modi ication of Conditions to a Conditional Use Permit re home occupation at 1492 Back Bay Landing Road DISTRICT 2 3. YOUR NOT ALONE LLC for Modification of Conditions to a Conditional Use Permit re short term rental at 207 79`"Street, Suite C DISTRICT 6 4. WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions to a Conditional Use Permit re construct a four-level parking structure at 3100 Shore Drive DISTRICT 8 S. EMMANUEL B.PLATON/GLASSONPROPERTIES,LLCfor a Conditional Change of Zoning from Conditional R-SD Residential District to Conditional I-1 Light Industrial District & Conditional Use Permit re automobile repair garage at 3288 Dam Neck Road DISTRICT 10 6. DIANE J DAVIS/ VIRGINIA HICKORYASSOC24TES LLP for Conditional Use Permits re adult daycare at 215&241 Expressway Court DISTRICT 4 7. ANDALE GVEY TACOS LLC/ESTELA GOMEZ/BOWEN PROPERTY VENTURES LLC for a Conditional Use Permit re open air market at 549 Newtown Road DISTRICT 4 8. Ordinance to AMEND City Zoning Ordinance (CZO) Sections 401, 501, 901 and 1001 re solar facilities as a conditional and accessory use in the agricultural, residential, commercial and industrial districts 9. Ordinance to AMEND City Zoning Ordinance(CZO)Section 207 re building-mounted antennas, small wireless facilities and temporary communication towers 10. Ordinance to AMEND City Zoning Ordinance (CZO) Section 203 re minimum parking requirements for residential and mixed uses 11. Ordinance to AMEND City Zoning Ordinance (CZO) Article S re uses and dimensional requirements in the R-Z 5 Residential Zoning District July 7, 2026 11 AGENDA REVIEW SESSION ITEM#78511 (Continued) 12. Ordinance AMEND City Zoning Ordinance(CZO)Section 105 re nonconforming mobile homes July 7, 2026 12 ITEM#78512 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLIC CONTRACT.-Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public body,pursuant to Section 2.2-3711(A)(29). • Project Butterfly 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 July 7, 2026 13 ITEM#78512 (Continued) Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:27 P.M. Voting: 11 - 0 Council Members Voting Aye.- Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None Break 4:27 P.M. — 4:43 P.M. Closed Session 4:43 P.M. — 5:41 P.M. July 7, 2026 14 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL JULY 7,2026 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, July 7, 2026, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OFALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF"ERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 341"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 or potential 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. July 7, 2026 15 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. July 7, 2026 16 VI.F CERTIFICATION ITEM#78513 Upon motion Council Member Remick, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 .BF�4c, o� L , r e F` UR NPt\ON RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINM BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#78512 on Page 13 and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best ofeach member's knowledge, (a)onlypublic business matters lawfully exemptedfrom 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. AAajda Barnes, MM City Clerk July 7, 2026 17 ITEM— VI.G.1 MINUTES ITEM#78514 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 16,2026 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 Abstaining: Michael F. Berlucchi Stacy Cummings Council Members Absent: None July 7, 2026 18 ITEM— VI.G.2 MINUTES ITEM#7851 S Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of June 23,2026 Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Abstaining: Michael F. Berlucchi Council Members Absent: None July 7, 2026 19 ITEM— VI.H.1 MAYOR'S PRESENTATION ITEM#78516 RESOL UTION IN RECOGNITION DR. JUDYJANKOWSKI On behalf of City Council, Council Member Berlucchi welcomed Dr. Judy Jankowski and read the Resolution recognizing Dr. Jankowski for more than forty years of dedicated service to education and her leadership as Head of School at Chesapeake Bay Academy. The Resolution recognized Dr. Jankowski's commitment to students with exceptional learning needs, her leadership in expanding innovative educational programs and research initiatives,her advocacy for evidence-based practices and professional development, and her contributions to educational organizations throughout Hampton Roads. Council Member Berlucchi expressed City Council's appreciation for Dr. Jankowski's lasting impact on students, families, educators, and the field of specialized education, and extended his best wishes upon her retirement. Dr. Jankowski expressed her appreciation to City Council for this recognition and their continued support of special education. Dr. Jankowski emphasized the importance for continued partnerships between independent education and public schools and looks forward to contributing her time to support the community. July 7, 2026 �Wu RESOLUTION WHEREAS,Dr. Judy Jankowski has dedicated more than forty years to education, guided by lite belief that every child deserves to be understood, valued,and provided the opportunity to reach their fullest potenlial;and WHEREAS,Dr.Jankowski began her career in music therapy before discovering her passion for education through her vvork with children with exceptional learning needs,shaping a lifelong commitment to individualized hnstr•uclion and student success;and 1PHEREAS, throughout her career, Dr. Jankowski has championed educational environments that recognize the unique strengths and needs of every learner while inspiring students, educators, and colleagues through her commitment to lifelong learning,innovation,and excellence;and lJ'HERE'AS,as Ilead of School of Chesapeake Bay Academy for thirteen years,Dr.J<rtnkox,ski sh•erngilnerred academic programs,expanded opportunities for students,advanced research and innovation,and helped establish lire school as a nationally recognized leader in specialized education;and WHEREAS,yonder her leadership,Chesapeake Bay Acadennydeveloped and expanded fnnnovative initiatives including the Center for Educational Research and Technological Innovation(CERTI), CadetNet Virtual Acodem); fire MAKE CBA Erntrepreneurship Program and Makerspace, the Annual ADHD Symposium, and numerous partnerships benefiting students,educators,and families;and IVIIEREAS, through her advocacy for evidence-based practices, specialized learning oppo•trodties,professional development,and eehicalional innovation,Dr.Jankowski has positively impacted countless students and families while strengthening the broader educational community and IVHEREAS, beyond Chesapeake Bay Academy, Dr. Jankowski has contributed her expertise and leadership to organizations including the Virginia Association of Independent Schools, the Virginia Foundation for Learning Disabilities Scholarships,and numerous educational and nonprofit initiatives throughout Hampton Roads, NOiV, 7WEREFORE,BE IT RESOLVED, that the Cornroil of the City of Virginia Beach, Virginia, hereby pauses in its deliberations to recognize and honor Dr. Jrit y Jankoaskifor•her aWraor•dinaty leadership, innovation, and unwavering commitment to students with exceptional learning needs, and for the lasting hnpact she has made on education in tlarrpton Roads and beyond BE IT FURTHER RESOLVED, that fire City Council exlenls its sincere appreciation and best wishes to Dr.Judy Jankowski for her decades of service, her enduring conh•ibutions to Chesapeake Bay Academy and the field of specialized education,and the remarkable legacy she leaves for generations of students,families,and educators. Given by the Council of the City of Virginia Beach, Virginia, this 7'day ofJrdy 2026 and presented this Resolution (it11J),sign 5y each • nrber J e lwginia Beach City Council. ncil Afember Michael F.Berluuhi Conncr tuber stacy ran ri rs Can'i'iil Afe�rmber Ilarbar4xi Henley 11-�, 1 414 Council Afem e David Hutcheson Co nci Afember Cal C'nsh"Jac- .rr-Greon C,'oancil Afember Robert If: "Worth"Remick Council Afember Dr.Amelia Ross-Hm�mrard Cr rrcil Afenrber Jennifer V Rouse Corrnci Alemher Joas/r ! Schulman Vice A- or Ro—e'w r Nilson Afayv�r Rnberl Al "Bohbp"Dj er 20 ITEM— VI LI PUBLIC HEARINGS ITEM#78517 Mayor Dyer DECLARED a PUBLIC HEARING: Proposed Ordinance to ADD a satellite absentee location at Princess Anne Library and REMOVE the satellite absentee location of Meyera Oberndorf Central Library There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING July 7, 2026 21 ITEM— VI L2 PUBLIC HEARINGS ITEM#78518 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND SALE OF EXCESS PROPERTY Approximately 300 +/-acres at 2500 Tournament Drive (known as Virginia Beach National Golf Course) to Dragas Associates, Inc. Mayor Dyer welcomed Emily Archer, Acting Director—Economic Development. Ms. Archer expressed her appreciation to City Council for their continued support and provided a presentation, "Request for Proposals— Virginia Beach National Golf Club", attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms.Archer for the presentation and called for speakers. The following registered to speak. Venkat Eleswarapu, 1749 Champion Circle, Phone: 469-803-799 7, spoke in OPPOSITION Robert Valentine, 2949 Sand Bend Road, Phone: 635-6881, spoke in OPPOSITION Usha Eleswarapu, 1749 Champion Circle, Phone:214-597-6728, spoke in OPPOSITION Richard LaBlue, 1337 Beacons Reach Drive, Phone: 373-1230, spoke in OPPOSITION Helen Dragas, 4538 Bonney Road, Phone: 490-0161, spoke in SUPPORT Tim Liddy, 20143 Prescott Place Drive, Phone: 744-9696, spoke in SUPPORT Jimmy Han, 5430 Lyndon B.Johnson Freeway Suite 1400, Dallas, TX, Phone: 972-419-1400, spoke in SUPPORT Bryan Stromme, 5430 Lyndon B. Johnson Freeway Suite 1400, Dallas, TX, Phone: 972-419-1400, spoke in SUPPORT Kyle Moorefield, 5430 Lyndon B. Johnson Freeway Suite 1400, Dallas, TX, Phone: 972-419-1400, spoke in SUPPORT Tracy Connor, 2051 Golf Academy Way, North Myrtle Beach, SC, Phone: 843-477-8833, spoke in SUPPORT Anthony Salviejo, 4490 B Girvan Drive, Myrtle Beach, SC, Phone: 800-299-6187, spoke in SUPPORT Karen Van Luven Salviejo, 4490 B Girvan Drive, Myrtle Beach, SC, Phone:800-299-6187, spoke in SUPPORT Drew Vakos, 4538 Bonney Road, Phone: 490-0161, spoke in SUPPORT Mac Weaver, 4538 Bonney Road, Phone: 490-0161, spoke in SUPPORT Eddie Bourdon, 4429 Bonney Road, Phone: 499-8971, spoke in SUPPORT Jim Cahoon, 648 Independence Parkway Suite 100, Chesapeake, Phone: 436-5900, spoke in SUPPORT Nicole Quinn, 435 Pinewood Drive, Phone: 908-500-3598, spoke in SUPPORT July 7, 2026 22 ITEM— VI L2 PUBLIC HEARINGS ITEM#78518 (Continued) Carrie Lauck, 4648 Church Point Place, Phone: 773-5351, spoke in SUPPORT Adam Kahrl, 920 Corporate Lane, Chesapeake, Phone: 509-2668, spoke in SUPPORT Rick Boyles, 525 Suber Drive, Phone:589-4893, requested the item to be deferred. Brad Martin, 2305 Bayville Road, Phone: 355-6730, spoke in SUPPORT John Moss, 4109 Richardson Road, Phone: 636-1534, spoke in OPPOSITION Holli Martir, Phone: 339-5329, spoke in OPPOSITION Ella Dunbar, 2349 Poyner Lane, Phone: 463-9861, spoke in OPPOSITION Suzanne Richmond, 601 Hunts Pointe Drive, Phone: 748-7672, spoke in OPPOSITION Waverly Woods, 4001 Salem Terrace, Phone: 749-8266, spoke in OPPOSITION Warrington Webb, 4538 Bonney Road, Phone: 651-4993, spoke in SUPPORT Stanton McDuf e, 104 43'd Street, Phone: 672-1303, spoke in SUPPORT Bill Rehanek, 2109 Saw Mill Court, Phone: 708-261-1260, spoke in OPPOSITION Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, spoke in OPPOSITION Matthew Hamaker, 3200 Covette Court, Phone: 617-7905, spoke in OPPOSITION Tim Worst, 2556 Entrada Drive, Phone:353-1556, spoke in OPPOSITION Laura Hughes, 3822 Mystic Cove Court, Phone: 647-0795, spoke in OPPOSITION Doug Kelly, 228 Cross Road Trail, Phone: 328-9810, spoke in OPPOSITION Steve Emmert, 3317 Hershridge Road, Phone: 615-3111, spoke in OPPOSITION Nancy Mobley, 2204 Margaret Drive, Phone: 348-7314, spoke in OPPOSITION Teresa Langille, 932 Truro Court, Phone: 641-1592, spoke in OPPOSITION Elisa Trant, 2523 Hartley Street, Phone:275-6598, did not respond Virginia Renick, 4509 Hermitage Road, Phone: 985-5759, spoke in OPPOSITION Clay Matthews, 1600 Cedar Lane, Richmond, Phone:804-385-9735, spoke in SUPPORT Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Teresa Chadwick, 1009 Baker Road, Phone: 406-1802, spoke in OPPOSITION Pilar Eteke spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING July 7, 2026 Request for Proposals Virginia Beach National Golf Club Emily Archer, Economic Development Acting Director City Council Public Hearing, July 7, 2026 Purpose • Overview and background of Virginia Beach National Golf (V B N G) w • Review RFP process to date w» 1 fill 11 911 • Examine the selected proposal ry for V B N G tim • 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 • Address questions received to operations. The operator's term expires in December 2026. date 2 2500 Tournament Dr • Area: 350 Acres frr • Uses: An 18-hole 7 432- and course designed by Pete Dye for both tournament and public play & the YMCA's First Tee 9-hole youth golf campus and driving range • Zoned: AG1, ITA Overlay (308 acres) & � �6 `" Wnty Courthouse t ouse District v O erla 1 3 acres • City Council District: 2 As ;-sessed value: $13,614�acre ($4.8 Mil) • Market value estimate: $18,500/acre 3 ..� 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 and cost participated at $3.5 Mil with TPC for offsite infrastructure and drainage improvements. • 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 A„ 2 s '• III 4 f t c. t 5 t 1 VBNG Financial Summary OperationCapital Net Balance Maintenance (VBDA Operation . Payments Maintenance Payments and Taxes . VBDA) - . $116,635 $117,932 $29,620 $(3,652) $92,754 $230,543 (19 yr avg) TotalAverage 0i $2,216,058 $2,240,714 $562,778 $(69,384) $1,576,821 $4,380,313 2026 *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 two (2) 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 4iiiv Dragas Disclosures PRINCESS ANNE �. TIMOTHY LIDY + GC? I. F PAP7hdFR COMPANIES ASSOCIATES 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 Walt 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 GOLF COURSES OR MANAGED INCLUDING RESIDENTIALWNED 63 OF PETE DYE FOR D NG COMMUNT ES CONSTRUCTED 28 YEARS PGA WEST DECADES OF IMPACTFUL lO S3 GOLF COURSES O 100+ PROFESSIONAL 10 LOCAL CHARITABLE DESIGNED OR RENOVATED EVENTS HOSTED INCLUDING CONTRIBUTIONS AND CIVIC INCLUDING 30 PETE DYE THE PGA TOUR AMERICAN SERVICE COURSES EXPRESS TOURNAMENT O ESTABLISHED 1968 0 27 GOLF MASTER PLANS ESTABLISHED 200E 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 Q 0 A vastly improved public golf course • An estimated $38,160,000 will invested into the Golf Course • World-class operations by Century1 ._ Golf Partners and the redesign shall retain the style of Pete Dye `t • 99-year repurchase option retained by I k the City 659 mixed-for-sale ho using units . with over half at or below 120% Area Median Income (AMI) Q New childcare facility (1.8 acres) � r : ,.. :* 0 Woodlands and environmentalt �f a preservation (45 acres) • $3.4 Mil estimated in new annual tax revenue per year at stabilization . � Golf Course Renovations - Carefully crafted redesign by r Timothy Liddy - No impact to First Tees>> ` - No homes on fairways or greens {1� 10 HOLES RETAIN PETE �t r `;'' , • " DYE'S EXISTING DESIGN The original front nine and signature a, 42 ti u 18`) hole retain Pete Dye's design and serve as inspiration for the new holes �� 10 � ' y, e r 15 12 8 NEW OR MODIFIED GOLF s18 HOLES to g p - A new tee and green complex around . 16 holes 12, 13, and 14 is tournament- 17 ready and will offer a unique space -J for close views of match play from the clubhouse. Golf Course Proposal • Projected pricing includes a robust loyalty Initiation Fee Annual Dues In Season card program to keep golf affordable and M� (AVirginia Beach $0 Fre $79 ed � $79 locals engaged ° Resident � Senior Virginia $p free $69 • Unlike now VB residents will pay no >- Vrginiaesident I- Resident $0 $99 $79 initiation fee or annual dues < Senior Virginia $0 $49 $69 Resident O • Virginia, non-Virginia and players club Non-Resident $p $199 $89 card offerings Players Club Card $o . $440M, $49 Military, Police, $0"w $0 $69 • Non-membership rates will start at $69 in and Firefighters Non-Resident $0 $p $119 season and $49 in off-season Daily Fee Proposed HousingTypes 'i - a , kw NO `""` gym. in u ^ NEO-GEORGIAN TOWNHOMES 107HOMES GARDEN FLATS 168 HOMES Ak Ak R 711 7— w ^ i TERRACE HOMES 192HOMEs GOLF VERANDAS 192HOME5 Housing Diversity and Attainability • Housing types meet the diversity and N V OCCUP attainabilityG Oq Courthouse � �'goals outlined for the Courthou 1 Area in the Comprehensive Plan Gj� Arts and Q Professional IPA Education Services I • Anticipates that over half of the attainable �` 4% 26% � 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 rezoning process and is prepared to undertake Construction • • S% that process during the due diligence period . . • Density will be no higher than the Southern Pines Apartment community adjacent 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. • Purchase price and VBDA contribution will be placed at closing into an escrow account to be drawn from after verifiable golf course improvement expenses are submitted • Several proposals received had a similar purchase structure • 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. 15 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, $3.4 Mil is subsurface conditions, and traffic impact estimated in real • For that reason, a contingency is being proposed, with the upfront estate taxes peryear for this risk being shared between the City and Developer: project (avg over • Developer: $10.2 M or 74% 20 yrs) • 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). 16 Fiscal Impact Summary Cap Invest $7.9 M Sale of Property $17,940,000 Real Estate $ 4 Million (avg BPOL, Trustee Tax(Amusement, Meal, • Hotel, etc.) Childcare : Hotel VBDA Investment Golf Course Renovations $17.94 Public Infrastructure '.4 Contingency Cap • to Contingency Reimbursement Grant • to 20 YR Cumulative Fiscal Impact 20 YR NPV $18.0 annual "But For" • • demonstrated overages Rate of Return on Public Investment • Current Rate of Return: Will $3.5 M � � • ' $4.5M . $8.0 M • ' - - - - $4.4 M (City since 2007) 2032, assuming no additional capital • . investment in the golf course • Proposal: should all of the contingencies and additional investment 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 Up to $10.2 M* . < 10 yrs *Future annual "But For" revenue - reimbursing demonstrated overages ,.� Additional Questions Received A. What makes up the $7.7 mil in repairs needed? i. $5.8 Mil to bring all 11 lakes to current standards & $1.9 Mil to bring all 5 buildings to a state of good repair ii. It does NOT include other future capital maintenance to course, such as replacement of a 25 yr old irrigation system, or bunker, greens, and cart path rehabilitation (estimates range from $800,000 to $4.9 Mil based on the proposals received and industry guides) B. What will be the impact to schools, traffic and public services? i. The proposal has followed the normal development review process to date. Detailed technical analysis have not yet occurred. If passed, further impact studies will be needed as part of the rezoning process. C. Why is the rezoning taking place after the land sale? i. The sale is contingent on a successful rezoning. At least a year of due diligence work will take place before the closing actually occurs. 19 Council's Consideration A. Accept the terms proposed; authorize the City Manager to enter into a purchase agreement B. Propose to amend the terms C. Reject the terms and proceed to negotiate with another respondent D. Maintain status quo with a new operator, continue to defer capital maintenance until funds become available E. Other as directed ■ r Discussion ■ Virginia Beach National Golf Club Hot Topics page established for more information and to stay informed 21 23 ITEM— VI.J. FORMAL SESSION AGENDA ITEM#78519 Mayor Dyer read the Speaker Policy and advised for items where only one (1)speaker is registered, the City Clerk will call the speaker, and they will be given a total of six(6) minutes to speak on all items. Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,BY CONSENT,Agenda Items Ordinance/Resolutions K. 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 and Planning L:1,2,3,4(AS AMENDED), 5, 6, 7, 8, 9, 10, 11 and 12 Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 24 ITEM— VI.K.1 ORDINANCES/RESOLUTIONS ITEM#78520 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE acquisition of property in fee simple and the acquisition of temporary and permanent easements, either by agreement or condemnation re Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program(HSIP)Project, CIP 100423.025 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR VIRGINIA BEACH BOULEVARD 4 SIDEWALK HSIP PROJECT, CIP 100423.025, 5 AND THE ACQUISITION OF TEMPORARY 6 AND PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS, the Virginia Beach Boulevard Sidewalk Highway Safety Improvement to Program (HSIP) project, CIP 100423.025 (the "Project"), is a highway safety improvement 11 project that consists of replacing an existing 4-foot-wide concrete sidewalk with an 8-foot- 12 wide concrete sidewalk on the south side of Virginia Beach Boulevard.The Project extends 13 from approximately 250 feet east of Louisa Avenue to approximately 50 feet east of North 14 Oceana Boulevard; 15 16 WHEREAS, the Project will improve pedestrian mobility and connectivity and will 17 connect to similar sidewalk infrastructure east of North Oceana Boulevard and planned 18 improvements west of Louisa Avenue; 19 20 WHEREAS, the Project extends approximately 1,600 feet and includes the 21 construction of sidewalks and Americans with Disabilities Act (ADA) ramps, as well as 22 drainage enhancements. The Project will result in approximately 0.92 acres of land 23 disturbance, primarily in the vicinity of the proposed sidewalk; 24 25 WHEREAS, the Project improvements are largely contained within the existing right- 26 of-way; however, additional right-of-way and permanent and temporary easements are 27 needed to complete the Project; and 28 29 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 30 public necessity exists for the construction of this important public project to construct 31 sidewalk facilities to provide safer alternative transportation options within the City, to 32 improve drainage; and for other related public uses for the preservation of the safety, 33 health, peace, good order, comfort, convenience, and for the welfare of the people in the 34 City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 Section 1. That the City Council authorizes the acquisition by purchase or 40 condemnation pursuant to Sections 15.2-1901, et seq., Title 33.2 and Title 25.1 of the Code 41 of Virginia of 1950, as amended, of all that certain real property in fee simple, including 42 temporary and permanent easements (the "Property"), as shown on the plans entitled 43 "VIRGINIA BEACH BOULEVARD SIDEWALK HSIP, CIP 100423.025, PWCN-24-0028," 44 and on the acquisition plats for the Project (plats and plans collectively referred to as the 45 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, 46 Municipal Center, Building 33, 2509 Princess Anne Road, City of Virginia Beach, Virginia. 47 48 Section 2. That the City Manager is hereby authorized to make or cause to be made 49 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 50 offer to the owners or persons having an interest in said Property. If refused, if the property 51 owners are unable to convey clear title, or if the owners cannot be identified or located, the 52 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 53 to condemn to acquire title to the Property. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th day of 56 July , 2026. CA17159 PREPARED: 5/15/26 R-1 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d013\p057\01131087.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY D P BL WOR REAL ESTATE CITY ATTORNEY 25 ITEM— VI.K.2 ORDINANCESMESOL UTIONS ITEM#78521 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to MODIFY the boundary of the Old Donation Neighborhood Dredging Special Service District(SSD) re remove one(1)property andAUTHORIZE the REFUND of SSD Levies Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 OLD DONATION NEIGHBORHOOD DREDGING SPECIAL 3 SERVICE DISTRICT TO REMOVE ONE PROPERTY AND 4 TO AUTHORIZE THE REFUND OF SSD LEVIES 5 6 WHEREAS, the City Council established the Old Donation Special Service District 7 (the "SSD") by ordinance (ORD-3199), which was adopted September 13, 2011; 8 9 WHEREAS, due to an inability to obtain approval in the joint permit application 10 process for the entire South Spur Channel, one property (4105 Cheswick Lane) does not 11 receive the benefits of the SSD, and such property is to be removed from the SSD; and 12 13 WHEREAS, in the City's recent general obligation bond sale, the new money 14 bonds had a true interest cost of 3.27%; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1. That the boundary of the Old Donation SSD is hereby modified to reflect the 20 removal of 4105 Cheswick Lane, GPIN 1478-91-0979-000. 21 22 2. That the parcel removed from the SSD shall be issued a refund from the Old 23 Donation Dredging Special Service District Special Revenue Fund and such refund shall 24 include interest using the amount of the City's most recent general obligation bond sale 25 compounded annually. 26 27 3. That this ordinance is effective June 30, 2026. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2026. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: City Trea' rer s Office Public Works' APPROVED AS TO LEGAL SUFFICIENCY: rne�y`s- Mice CA17230 R-1 May 6,2026 26 ITEM— VI.K.3 ORDINANCES/RESOLUTIONS ITEM#78522 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance re the Compensation of the City Manager effective July 1, 2026 (Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council, 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2026, the annual salary of the City Manager, which is 12 currently $323,380, shall be increased by 3.5% to $334,698, and his car allowance shall 13 remain at $9,000 annually. In accordance with his contract, the City's contribution to his 14 deferred compensation account shall equal 6% of his new salary. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 17248 R-1 June 29, 2026 27 ITEM— VI K.4 ORDINANCESIRESOL UTIONS ITEM#78523 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Ordinance re the Compensation of the City Attorney effective July 1,2026(Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2026, the annual salary of the City Attorney, which is 12 currently $280,590, shall be increased by 3.5% to $290,410; the City's contribution to his 13 deferred compensation plan shall remain at$10,000 annually; and his car allowance shall 14 remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 17249 R-1 June 29, 2026 28 ITEM— VI.K.5 ORDINANCES/RESOLUTIONS ITEM#78524 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance re the Compensation of the City Clerk effective July 1, 2026 (Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2026, the annual salary of the City Clerk, which is currently 12 $138,210, shall be increased by 3.5% to $143,047, and the City's contribution to her 13 deferred compensation account shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2026. APPROVED AS TO LEGAL SUFFICIENCY: ieJ City Attorney's Office CA17250 R-1 June 29, 2026 29 ITEM— VI.K.6 ORDINANCES/RESOLUTIONS ITEM#78525 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2026 (Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 the City Council, 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA- 11 12 That, effective July 1, 2026, the annual salary of the City Real Estate Assessor, 13 which is currently $161,859, shall be increased by 3.5% to $167,524. Her car allowance 14 shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA17252 R-1 June 29, 2026 30 ITEM— VI.K.7 ORDINANCES/RESOLUTIONS ITEM#78526 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance re the Compensation of the City Auditor effective July 1, 2026(Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2026, the annual salary of the City Auditor, which is currently 12 $167,975, shall be increased by 3.5% to $173,854. His car allowance shall remain at 13 $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA17251 R-1 June 29, 2026 31 ITEM— VI K.8 ORDINANCESIRESOL UTIONS ITEM#7852 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ADD a third Student Member to the Flood Prevention Bond Referendum Oversight Board Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE TO ADD A THIRD STUDENT MEMBER TO 2 THE FLOOD PREVENTION BOND REFERENDUM 3 OVERSIGHT BOARD 4 5 WHEREAS, on November 2, 2021, the citizens of Virginia Beach approved a 6 referendum regarding the issuance of bonds to fund the design and construction of flood 7 mitigation measures, with 72% voting to support the bond issuance; 8 9 WHEREAS, two weeks later, the City Council established the seven-member 10 Flood Prevention Bond Referendum Oversight Board to provide citizen oversight of the 11 City's comprehensive flood mitigation program and the 21 projects listed in the bond 12 referendum question; 13 14 WHEREAS, in 2024, at the Board's request, the City Council added two non-voting 15 student members to the Board; 16 17 WHEREAS, the Board recently voted to request that the City Council add a third 18 student to their membership; and 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The membership of the Board shall include three high school students as 24 nonvoting members, with each appointed to a one-year term on a fiscal-year basis, 25 beginning July 1st and ending June 30th of the following year. A quorum of the membership 26 shall continue to be determined based solely on the number of voting members present 27 (and thus will not include the student members). Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2026. APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: City Attorney's Office Public Works Department CA17263 R-1 June 26, 2026 32 ITEM— VI.K.9 ORDINANCES/RESOLUTIONS ITEM#78528 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ADD two (2) additional Student Members to the Virginia Beach Clean Community Commission Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE TO ADD TWO ADDITIONAL 2 STUDENT MEMBERS TO THE VIRGINIA BEACH 3 CLEAN COMMUNITY COMMISSION 4 5 WHEREAS, the City Council created the Clean Community Commission in 2010 6 to advise the City Council, and in 2021, at the request of the Commission, the Council 7 added two student members; 8 9 WHEREAS, the Commission recently voted to request that the Council add two 10 additional students, for a total of four, to the Commission's membership; and 11 12 WHEREAS, providing students who have a demonstrated interest in promoting a 13 cleaner, more beautiful City and in ensuring our community's environmental vitality with 14 the opportunity to serve as members of the Commission would benefit the City, the 15 Commission, and the students, 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the Commission shall consist of 15 voting members, four of whom shall be 21 high school students—two juniors and two seniors—with each appointed to a one-year 22 term, and with appointments made on a fiscal-year basis, beginning July 1st and ending 23 June 30th of the following year. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th day of July , 2026. APPROVED AS TO LEGAL APPROVED AS TO CONTENT. SUFFICIENCY: City Attorney's Office Public Works Department CA 17264 R-2 June 26, 2026 33 ITEM— VI.K.10 ORDINANCES/RESOLUTIONS ITEM#78529 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AMEND the Attainable Workforce Housing Performance (AWHP) Grant Program and AUTHORIZE certain actions in furtherance thereof Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE TO AMEND THE ATTAINABLE 2 WORKFORCE HOUSING PERFORMANCE GRANT 3 PROGRAM AND TO AUTHORIZE CERTAIN 4 ACTIONS IN FURTHERANCE THEREOF 5 6 WHEREAS, in 2022 the Virginia General Assembly amended the Industrial 7 Development and Revenue Bond Act (the "Act") to allow development authorities, in 8 conjunction with their local governing bodies, the power to make grants associated with 9 the construction of affordable housing; 10 11 WHEREAS, affordable housing is a priority of City Council, and on April 1, 2025, 12 by Resolution RES-04343, City Council adopted the Attainable Workforce Housing 13 Performance Grant Program Policy (the "AWHP"); 14 15 WHEREAS, in 2026, the Virginia General Assembly added § 15.2-958.4:1 to the 16 Virginia Code, which adds certain definitions and process requirements for making 17 affordable housing grants (the "2026 Amendment"); 18 19 WHEREAS, the AWHP incentivizes the construction of new affordable rental 20 housing units in the City of Virginia Beach by partially offsetting the costs associated with 21 development and encouraging reinvestment in such projects over time; 22 23 WHEREAS, after review and evaluation of the 2026 Amendment and the AWHP, 24 staff recommends certain amendments to the AWHP to (i) conform with the 2026 25 Amendment and (ii) better define and clarify the guidelines, as set forth on the draft 26 amended AWHP, attached hereto as Exhibit A; and 27 28 WHEREAS, City Council is of the opinion that amending the AWHP would 29 encourage the development of new affordable rental housing units in the City. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That the Attainable Workforce Housing Performance Grant Program Policy 35 is hereby amended, as set forth in Exhibit A, attached hereto and incorporated herein. 36 37 2. That the Mayor is hereby authorized to execute the amended Attainable 38 Workforce Housing Grant Program Policy on behalf of the City. 39 40 3. That the City Council requests that the City of Virginia Beach Development 41 Authority consider adopting a resolution approving and adopting the amended Attainable 42 Workforce Housing Performance Grant Program Policy. 43 44 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th 45 day of July , 2026. 1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Housing and Neighborhood City Attorney Preservation CA17158 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d011\p055\01138850.docx R-1 June 24, 2026 2 CITY OF .f VIRGINIA BEACH Exhibit A Attainable Workforce Housing Performance Grant Program Policy Purpose of Program The purpose of the City of Virginia Beach Attainable Workforce Housing Performance (AWHP) Grant is to provide an incentive for applicants to construct, own, and operate new affordable multi-family rental housing units in the City of Virginia Beach. "Affordable housing" means, as a guideline, housing that is affordable to households with incomes at or below the area median income, provided that the occupant pays no more than 30% of their gross income for gross housing costs, including utilities. Affordable housing units are those units that will be rented and affordable to households with an annual income at or below 80% of the Area Median Income (AMI), adjusted for household size, as established by the United States Department of Housing and Urban Development (HUD) for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area for the applicable year of the grant period. Background To combat the affordable housing shortage,to further economic development, and specifically to incentivize the development of affordable housing across the Commonwealth, the General Assembly passed HB 1194 during the 2022 Session, and it became effective on July 1, 2022. HB1194 amended Ch.49,Title 15.2 of the Code of Virginia, known as the"Industrial Development and Revenue Bond Act," to allow local Development Authorities, in conjunction with their local governing bodies, the power to make grants associated with the construction of affordable housing. Eligible Projects • Projects must be new construction. • Projects must either 1) have all necessary re-zoning or Conditional Use Permit approvals or 2) have had a request for a re-zoning or Conditional Use Permit heard by the Planning Page 1 of 5 Commission and scheduled for a City Council meeting. Any approval by City Council of a AWHP grant is not valid unless and until any necessary re-zoning or Conditional Use Permit for the project is approved by City Council. • Projects must be developed by a for-profit entity. • Only new multi-family affordable rental housing units that have not started construction as of a to h., ,_ tP_F AiRed date aFe eligible fA.F the A\A/ P GraRt.the date the project is first presented to City Council in closed session are eligible for the AWHP Grant. Multi-family rental housing is defined as 5 or more separate living units that (a) are under common ownership and financing,and (b)are offered for rent. Living units may be either in a single building, multiple contiguous buildings, or on contiguous parcels of land. • Attainable Workforce Housing Performance Grant applicants must have a demonstrable gap in project financing, as evidenced by their development and operating pro forma. • Eligible projects may be fully affordable or mixed-income, and may also be mixed-use(i.e., with commercial and residential components). • Projects that involve the demolition of existing rental housing units only to build a minimum 20%additional affordable housing units. Ineligible Projects a The fellOWiRg r eGtS aFe net eligihled. • Projects that involve only the purchase and/or rehabilitation of existing housing units. • Projects that have already started construction as of a}e he deteFFAi"ed datethe date the project is first presented to City Council in closed session. • Projects that do not have a demonstrable gap in project financing as evidenced by their development and operating pro forma. • Developments that are produced by a non-profit entity that is already exempt from paying real estate taxes. Grant Award Duration and Timing: The Attainable Workforce Housing Performance Grant is for 15 years. The grant period may be extended another 15—year period for a total grant period of 30 years if the recipient complies with the capital reinvestment terms set forth below. The Attainable Workforce Housing Performance Grant period commences on Ju4y1gDuary 1st of the first real estate tax year following the applicant's completion of the project's construction, as evidenced by receipt of a temporary or permanent Certificate of Occupancy and ends on the last day of the 15th real estate tax year following the grant commencement date, or the 30th tax year, if the grant period is extended. Page 2 of 5 Amount and Payment: The amount of the performance grant is capped at 100% of the amount of incremental new real estate taxes to be levied and collected for improvements on the Project Site, as determined by the City's Real Estate Assessor, with an agreed upon not-to-exceed amount to be determined and to cover the 30-year period. The size and scope of the development will impact the annual grant estimate, with a baseline assumption of 3%annual increase in property value over the life of the agreement. Each annual grant award will be determined by actual assessment growth; however, the amount not to exceed shall be based upon the previously noted assumption and documented upon execution of the grant agreement. This amount may be adjusted to reflect the percentage of residential square footage to the total gross square footage of the structure(s) and the percentage of the number of affordable rental housing units to the number of total residential rental units. A Grant amount of two (2) times the Performance Grant Percentage, up to 100% of the incremental value, is available to a qualified property when twenty percent (20%) or more of the residential units are affordable at or below 50%of the Area Median Income.The amounts subject to this increase are not subject to the amount of incremental new real estate taxes. The Attainable Workforce Housing Performance Grant is payable by the City of Virginia Beach Development Authority ("VBDA") upon proof of full and timely payment of the property's real estate tax levy for the applicable payment period and proof of compliance with all requirements of the grant agreement. The VBDA's obligations would be funded via and subject to a corresponding appropriation by the Virginia Beach City Council. Terms/Conditions for Award The recipient of an Attainable Workforce Housing Performance Grant will be required to sign a grant agreement outlining the terms and conditions of the award. The grant agreement must be signed within 30 days after approval of an award by City Council. Recipients of an award must: 1. Adhere to the project construction timeline based on the effective date of the grant agreement by submitting a plan of development within 9 months, commencing project construction within 18 months, and completing construction within 3 years-1 2. Strive for a goal of 50% small, woman, and minority (SWaM) business participation during the construction phase of development. The recipient is required to submit to the City's SWaM Office a report detailing all expenditures with minority business enterprises and emerging small businesses..-1 3. Provide detailed updates and verifications to the City of the applicant's progress regarding the completion of the project construction and, following Project construction, of recipient's continued control, maintenance, and operation of the Project throughout the 15-30 year grant period-1 Page 3 of 5 4. Restrict occupancy and rents of the Project throughout the 15-30 year grant period according to the schedule that will be outlined in the Grant Agreement-and standards promulgated by Virginia Housing and sections 42 and 142 of the Internal Revenue Code. The maximum income and rent limits are the Multifamily Tax Subsidy Program (MTSP) and Housing and Economic Recovery Act of 2008 (HERA) Special Rent Limits and the HUD Multifamily Tax Subsidy Program (MTSP) Income Limits for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro Fair Market Rent (FMR) Area. Owners must include the cost of all resident-paid utilities, excluding phone,cable, and internet, in the gross rent charged to residents. Owners may use the utility allowances published by the City of Virginia Beach Department of Housing or may utilize an alternative utility allowance option approved by Virginia Housing or, if not a Virginia Housing financed project, submitted to and approved by DHNP based on Virginia Housing's Utility Allowance Options and Procedures. Ongoing compliance monitoring and approvals by Virginia Housing provided to the City will serve as evidence of the recipient's compliance with the occupancy and rent restrictions. Projects that are not subiect to compliance monitoring by Virginia Housing must provide an annual report in the form and format provided by the City evidencing compliance with rent and occupancy restrictions and will be subject to site inspections and file audit by the City or its subcontractors; and 5. Notify the VBDA and City of any material change in the pFejeet's Ah^^^ ^rt 3#Fe rp oject occurring after an award is made. For projects with a 30-year performance period, the Project Owner will be required to make aR Feed ^^a reinvestment of $10,000/affordable unit Jn eapitaG is the PFs}eeCapital Improvements to ensure the ongoing upkeep and livability of all the affordable rental units prior to the 15th year of service. "Capital Improvements" are defined as expenses for systems and structures, which include the replacement and repair of HVAC, electrical, roofing, plumbing, windows, doors, elevators, and appliances. Expenses for systems and structures not listed will be approved at the discretion of the City. Any restructure in the project's financing or change in the Attainable Workforce Housing Performance Grant Agreement after an award is approved may constitute a material change in the approved application. The VBDA and the City of Virginia Beach understand the fluidity in the current housing market and intend for this program to be as flexible as possible. However, a material or substantial change in the project's financing structure may negate the approved grant award and the submission of a new application may be needed. If a new application is required, it must follow the same approval process as all performance grant applications. There is no guarantee that an Attainable Workforce Housing Performance Grant will be approved. Award Process 1. The Project Owner completes an application to include its project in the Attainable Workforce Housing Performance Grant Program. All completed applications to be Page 4 of 5 submitted to Director of Housing and Neighborhood Preservation or their designee. After receipt of the application, ¢Heasing/€BTspeeiaa gFeup des+gRateEI fer this parpe&a}Ci staff reviews internally to determine if project could qualify and to assess if additional information is needed from Project Owner. Staff could meet with Project Owner to discuss project to determine if project is eligible as a participant in the program. 2. If the project is eligible for inclusion in the program, the City Manager will brief City Council in closed session and, if directed to proceed, request the appointment of grant liaisons. Subsequently, the VBDA will be briefed in closed session on the project. 3. If not previously completed, the City will complete a study of the economic, fiscal and social impacts of the project. 4. A term sheet may be developed, in concert with the City Attorney, and presented to the City Council and VBDA for concurrence. S. The project manager will undertake stakeholder and community input appropriate for the size and scope of the proposed project. 6. A grant agreement, setting forth all the terms and conditions of the proposed Attainable Workforce Housing Performance Grant is developed between the VBDA and the Project Owner. The grant agreement will require, among other things, that prior to payment of any funds awarded, the property subject to the grant be encumbered with recorded restrictive covenants requiring the property be used for affordable housing to the extent set forth in the grant agreement for a period not to exceed 30 years. 7. On completion, the grant agreement will be presented to City Council and the VBDA for approval. Along with the grant agreement, a support agreement wherein the City agrees, subject to appropriation, to provide sufficient funds to the VBDA to meet its obligations under the grant agreement. Page 5 of 5 34 ITEM— VI.K.11 ORDINANCES/RESOLUTIONS ITEM#78530 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Resolution to GRANT a permit re ALLOW Midwest Medical Transport, LLC (MMT Ambulance)to operate in the City Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 A RESOLUTION TO GRANT A PERMIT TO ALLOW AN 2 EMERGENCY MEDICAL SERVICES AGENCY TO 3 OPERATE IN 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, the City Council approved certain permits in the normal course on 11 June 16, 2026; 12 13 WHEREAS, one application for a permit renewal arrived after the previous 14 application period and approval would be required to continue operation in the City; and 15 16 WHEREAS, the Midwest Medical Transport, LLC performs services not provided 17 by the City's volunteer rescue squads, such as non-emergency inter-facility transports, 18 which include both basic and advance life support calls. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH; 22 23 1. That the City Council hereby grants a renewed permit to Midwest Medical 24 Transport, LLC. 25 26 2. That the permit shall be effective from the date of adoption of this resolution to 27 June 30, 2028. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of July , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergency Medical Services t torney's Office CA17271 R-1 June 30, 2026 35 ITEM— VI.K.12 ORDINANCES/RESOLUTIONS ITEM#78531 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Resolution to EXTEND the Transmittal Date of the Planning Commission's recommendation on the proposed Amendments to the City Zoning Ordinance (CZO) to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District and AMEND CZO Section 241.2 re Short Term Rentals Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 A RESOLUTION EXTENDING THE TRANSMITTAL DATE OF 2 THE PLANNING COMMISSION'S RECOMMENDATIONS ON 3 THE PROPOSED AMENDMENTS TO THE CITY ZONING 4 ORDINANCE PERTAINING TO AMENDING THE OFFICIAL 5 ZONING MAP TO REDUCE THE OCEANFRONT RESORT 6 SHORT TERM RENTAL OVERLAY DISTRICT, AND 7 AMENDING SECTION 241.2 OF THE CITY ZONING 8 ORDINANCE PRETAINING TO SHORT TERM RENTALS 9 10 WHEREAS, The City Council referred to the Planning Commission, for its 11 consideration and recommendation, two amendments to the City Zoning Ordinance, 12 pertaining to amending the official zoning map to reduce the Oceanfront Resort Short Term 13 Rental Overlay District and pertaining to short term rental parking requirements on April 21, 14 2026; 15 16 WHEREAS, the referral resolution directed the Planning Commission to transmit to 17 the City Council its recommendations concerning the amendments no later than ninety(90) 18 days after April 21, 2026; and 19 20 WHEREAS, the Planning Commission voted at their June 10, 2026 hearing to 21 request additional time from the City Council to provide a recommendation concerning 22 amendments to the Official Zoning Map and City Zoning Ordinance Section 241.2; 23 24 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 25 VIRGINIA: 26 27 That the Planning Commission have an additional sixty(60)days after the date of the 28 adoption of this Resolution to transmit to the City Council its recommendations concerning 29 the aforementioned amendments. Adopted by the City Council of the City of Virginia Beach,Virginia, on the 7 th day of July 2026. APPROVED AS TO LEGAL SUFFICIENCY: ( )i&z� (F1'vm� City Attorney's Office CA17259 R-2 June 30, 2026 36 ITEM— VIX 13 ORDINANCES/RESOLUTIONS ITEM#78532 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ADD Article VI to City Code Chapter 31 re use of expanded polystyrene foodservice containers Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 I AN ORDINANCE TO ADD ARTICLE VI TO CHAPTER 2 31 OF THE CITY CODE PERTAINING TO THE USE 3 OF EXPANDED POLYSTYRENE FOODSERVICE 4 CONTAINERS 5 6 WHEREAS, Section 1424.3(A) of Title 10.1 of the Code of Virginia requires that all 7 food vendors cease the use of expanded polystyrene (Styrofoam) foodservice containers 8 as of July 1, 2025; and 9 10 WHEREAS, the General Assembly extended this deadline to July 1, 2026, in the 11 2024-2026 Appropriation Act (Item #362(C)); 12 13 WHEREAS, Section 1424.3(B) authorizes the City to grant a temporary exemption 14 from this requirement upon the showing by a food vendor that compliance with the above 15 requirement would impose an undue economic hardship on the food vendor; 16 17 WHEREAS, the City Council finds it appropriate to delegate the administration of 18 such exemptions to the City Manager; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 1. Article VI is hereby added to Chapter 31 of the City Code to read as follows: 24 25 ARTICLE VI: EXPANDED POLYSTYRENE FOOD SERVICE CONTAINERS 26 27 Sec. 31-80. — Definitions. 28 29 "Expanded polystyrene food service container" means a rigid single-use container 30 made primarily of expanded polystyrene and used in the restaurant and food service 31 industry for serving or transporting prepared, ready-to-consume food or beverages. 32 "Expanded polystyrene food service container" includes plates, cups bowls trays and 33 hinged containers but does not include packaging for unprepared foods or packaging, 34 including in a cooler, used in the shipment of food. 35 36 "Undue economic hardship" means a situation in which (i) a food vendor has no 37 reasonable alternative to the expanded polystyrene food service containers in use by that 38 food vendor and (ii) compliance with Section 31-81 would cause significant economic 39 hardship to that food vendor. 40 41 Sec. 31-81. — Prohibition. 42 43 On or after July 1, 2026, no food vendor shall dispense prepared food to a 44 customer in an expanded polystyrene food service container. Any person who violates 45 this prohibition shall, upon a finding to the circuit court, be assessed a civil penalty of$50 46 for each day of such violation.Any civil penalty assessed pursuant to this section in a civil 47 action brought by the City shall be paid into the treasury of the City. 48 49 Sec. 31-82. Exemption. 50 51 Any food vendor may request from the City an exemption from the provisions of 52 Section 31-81 by application to the City Manager on a form provided by the City. The City 53 Manager may grant such exemption upon a finding that compliance with Section 31-81 54 would impose an undue economic hardship for such food vendor. The exemption may 55 be granted for a period of not more than one year from the date of the exemption A food 56 vendor granted such an exemption may reapply for an extension of the exemption before 57 the expiration of the exemption, and the City may grant an additional exemption from the 58 provisions of Section 31-81 not to exceed one year for each such reapplication if the food 59 vendor demonstrates a continuing undue economic hardship at the time of reapplication 60 to the satisfaction of the City Manager. A denial of an exemption or extension of an 61 exemption may be appealed to the City Council upon a written notice of such appeal 62 within 10 days of such denial. The decision of the Citv Council in such appeal shall be 63 final. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of July , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: R City Manager's Office C y n ' e CA17269 R-1 June 29, 2026 37 ITEM— VI.K.l4 ORDINANCESIRESOL UTIONS ITEM#78533 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Resolution to SUPPORT the City's 2026 Round Seven (7) Applications to the Virginia Department of Transportation (VDOT) re SMART SCALE program Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 A RESOLUTION IN SUPPORT OF THE CITY'S 2026 2 ROUND SEVEN APPLICATIONS FOR THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION SMART SCALE 4 PROGRAM 5 6 WHEREAS, the City is eligible to submit applications through the Virginia 7 Department of Transportation's SMART SCALE program for consideration based upon 8 an objective score in the areas of Congestion Mitigation, Safety, Accessibility, 9 Environmental Quality, and Economic Development; 10 11 WHEREAS, requested SMART SCALE revenue reimbursement can be up to 12 100% of the total project cost, although the locality's ability to contribute to the 13 submitted project is a factor in the award process; 14 15 WHEREAS, the City's highest priority improvement projects that meet the 16 eligibility for funding are: Laskin Road Phase III, Lynnhaven Parkway at Potters Road 17 and 1-264 Eastbound Ramps, Pacific Avenue Left-Turn Lane at 22"d Street, Thalia 18 Creek/1-264 Pedestrian Bridge, and Virginia Beach Trail Phase III. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 1. The City Council of the City of Virginia Beach hereby affirms its support for 24 the following five project applications to the Virginia Department of Transportation's 25 SMART SCALE Program: 26 27 a. Laskin Road Phase III 28 b. Lynnhaven Parkway at Potters Road and 1-264 Eastbound Ramps 29 C. Pacific Avenue Left-Turn Lane at 22"d Street 30 d. Thalia Creek/1-264 Pedestrian Bridge 31 e. Virginia Beach Trail Phase III 32 33 2. The required local matching funds will be provided with allocations of local 34 funding in the City's Capital Improvement Program Budget. The local match for each of 35 the following projects will not exceed the following amounts: 36 37 a. $0 for Laskin Road Phase III 38 b. $0 for Lynnhaven Parkway at Potters Road and 1-264 Eastbound 39 Ramps 40 C. $7,900,000 for Pacific Avenue Left-Turn Lane at 22"d Street 41 d. $0 for Thalia Creek/1-264 Pedestrian Bridge 42 e. $0 for Virginia Beach Trail Phase III 43 44 3. The City Manager is hereby authorized to execute on behalf of the City of 45 Virginia Beach all necessary project agreements for project development and 46 construction. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day Of July 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ut udget an anagement Services tityAW5r y's Office CA17266 R-1 June 24, 2026 38 ITEM— VI.K.15 ORDINANCES/RESOLUTIONS ITEM#78534 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a City-owned drainage and pondage easement at the rear of 528 Melrose Circle re construct and maintain a timber wharf, rip rap revetment,and maintain an existing timber bulkhead DISTRICT 8 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond,Jennifer Rouse, Joashua E "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A CITY-OWNED DRAINAGE 5 AND PONDAGE EASEMENT LOCATED AT THE REAR 6 OF 528 MELROSE CIRCLE 7 8 WHEREAS, Richard E. Dovel and Noret H. Dovel (collectively, the "Applicant"), 9 request permission to construct and maintain a 8' X 16' timber wharf', 162 linear feet of 10 granite quarry stone rip rap revetment, and to maintain an existing 162' timber bulkhead, 11 (collectively, the "Temporary Encroachment") into a City-owned drainage and pondage 12 easement, located at the rear of 528 Melrose Circle (GPIN: 1497-08-6583); and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 15 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 16 City's property and easements subject to such terms and conditions as Council may 17 prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 23 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, their heirs, assigns and 24 successors in title are authorized to construct and maintain the Temporary Encroachment 25 within the City's easement as shown on the map entitled: "EXHIBIT `A' - 26 ENCROACHMENT REQUEST FOR PROPOSED RIP RAP REVETMENT AND TIMBER 27 WHARF FOR: RICHARD E. & NORET H. DOVEL 528 MELROSE CIRCLE, VIRGINIA 28 BEACH, VA 23452 KINGS GRANT SECTION 2 LOT 204, M.B. 51, PG. 30," Scale: 1" _ 29 40', dated May 28, 2025, prepared by Stone Green Consulting, LLC, a copy of which is 30 attached hereto as Exhibit "A" and on file in the Department of Public Works and to which 31 reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 34 subject to those terms, conditions and criteria contained in the agreement between the City 35 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 36 been presented to the Council in its agenda and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Richard E. Dovel and Noret H. Dovel, and the City Manager or his authorized 44 designee execute the Agreement. 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th day of 47 July , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P BLIC WOWS / REAL ESTATE CITY ATTORNEY CA17025 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d012\p055\01113308.doc R-2 Prepared: May 28, 2026 DOVEL ENCROACHMENT EXHIBIT 134 LAKE FOREST LOT NOW OR FORMERLY N81'23�4p.,E M.B.51, PG.30 DAVID L.&KATHRYN A. PARSONS / S — 174.3$, GPIN: 1497-08-6 1 19 LOT 206 1 DEED BOOK:3947 PG. 1623 / NOW OR FORMERLY 3 M.B. 51,PG.30 KINGS GRANT COMMUNITY LEAGUE INC. GPIN: 1497-08-4387 EASEMENT FOR DRAINAGE AND '` 2s M.B.51,PG. 30 PONDAGETO ELEVATION 6.5' ��` °aj D.B.838 PG.387 (M.B.51 P.30) \o,� M.B. 51,PG.30 \ ` �— RIP RAP 162.1'WIDTH OF \�\ � --------__ � PROPOSED 8'x16' TIMBER WHARF 103' - \ EXISTING TIMBER 4S' i BULKHEAD �� \ EXISTING BULKHEAD IS \�� PROPOSED 162 LF OF GRANITE 7 THE LIMIT OF THE �t QUARRYSTONE RIPRAP EASEMENT(APPROXIMATE (RIP RAP TO TERMINATE AT 4 ELEVATION OF 7.0') �:"k PROPERTY LINE) LOT 204 V71 NOW OR FORMERLY IQ ao RICHARD E.&NORET H.DOVEL LOT 205 LOT 203 `� GPIN: 1497 OS G583 P(vo NOW OR FORMERLY N DEED: BOOK 4238 PG. 709 i� �� MARK H.&LAURA J.RICKMAN NOW OR FORMERLY y2. CHRISTOPHER J.DAVIES 'o Gam\\ M.B.51,PG.30 GPIN: 1497-08-5577 GPIN: 1497-08-7589 A � __� INST:20070205000167910 INST:202403044351 `90 ` ��" M.B. 51,PG.30 M.B.51,PG.30 y, Digit Iy signed by Se Gee n c1 SEAN E. GREENEen-span e n,m,G=Sean,S=Green.C=US? LiC. No. Q4Q2464005 ate:2026.02.23 21:5 ` -05w) P(F) MELROSE CIRCLE s 50'RIGHT-OF-WAY /ONAE. M.B. 51, PG_30 94.3'TO KINGS GRANT RD CURVE I RADIUS ARC LENGTH I CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 50.0' 42.27' 1 41.02' 1 S 75°55'S8"W 48°26'10" 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 SCALE: 1"=40' EXHIBIT 'A'- ENCROACHMENT REQUEST ENGINEERING SERVICES PROVIDED BY: FOR PROPOSED RIP RAP REVETMENT STONE GREEN CONSULTING, LLC AND TIMBER WHARF 4014 MEDINA ROAD#1015,AKRON,OH 44333 FOR: RICHARD E. & NORET H. DOVEL (330)400-3811 COA:0407008328 528 MELROSE CIRCLE,VIRGINIA BEACH,VA 23452 KINGS GRANT SECTION 2 LOT 204, M.B. 51, PG. 30 CQ2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED MAY 28, 2025 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, 'made this % day of L`t , 20 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RICHARD E. DOVEL and NORET H. DOVEL, 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 204", as shown on that certain plat entitled: "KINGS GRANT SECTION TWO LYNNHAVEN MAGISTERIAL DISTRICT PRINCESS ANNE COUNTY, VIRGINIA", Scale: 1" — 100', dated November 2, 1960, prepared by Baldwin and Gregg Civil Engineers & Surveyors, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 51, at page 30, and being further designated, known, and described as 528 Melrose Circle, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a 8' X 16' timber wharf', 162 linear feet of granite quarry stone rip rap revetment, and to maintain an existing approximately 162' timber bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1497-08-6583 (528 MELROSE CIRCLE) (CITY DRAINAGE EASEMENT— NO GPIN ASSIGNED) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a City-owned drainage and pondage easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee requests that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' - ENCROACHMENT REQUEST FOR PROPOSED RIP RAP REVETMENT AND TIMBER WHARF FOR: RICHARD E. & NORET H. DOVEL 528 MELROSE CIRCLE, VIRGINIA BEACH, VA 23452 KINGS GRANT SECTION 2 LOT 204, M.B. 51, PG. 30," Scale: 1" = 40', dated May 28, 2025, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that Grantee will not disturb or remove any existing trees in the Encroachment Area without the prior written consent of City. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 528 Melrose Circle, Virginia Beach, Virginia 23452, 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 528 Melrose Circle, Virginia Beach, Virginia 23452. 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, 3 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, RICHARD E. DOVEL AND NORET H. DOVEL, the said Grantees, have caused this Agreement to be executed by its signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its 5 name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 7 BY Richard E. Dovel By: %L - tC, a Noret H. Dovel STATE OF VIRGINI�. CITY/COUNTY OF re toy -wit: The foregoing instrument was acknowledged before me this�_ day of 2026, by Richard E. Dovel and Noret H. Dovel. E LLY E.WINEBRENNER Notary Public mmonwealth of Virginia (� SEAS_) gistration No.7369553 mission Expires Jul 31,2026 Nat# Public My Notary Registration Number: -73 fv q S S My Commission Expires: sA APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P �BIC OR S - REAL ESTATE CITY ATTORNEY 8 DOVEL ENCROACHMENT EXHIBIT 134 LAKE FOREST LOT NOW OR FORMERLY N81°23'40', M.B. 51,PG.30 DAVID L.&KATHRYN A.PARSONS S 174 38, GPIN: 1497-08-61 19 LOT 206 DEED BOOK:3947 PG. 1623 / NOW OR FORMERLY M.B. S 1,PG.30 KINGS GRANT COMMUNITY y LEAGUE INC. GPIN: 1497-08-4387 M EASEMENT FOR DRAINAGE AND ''1 2s� M.B.51,PG. 30 PONDAGf TO ELEVATION 6.5' ��` oaj D.B.838 PG.387 (M.B.51 P.30) \�\o\ M.B. 51,PG.30 �� 162.1'WIDTH OF � r RIP RAP---_—__ ----_�� PROPOSED 8'x16' TIMBER WHARF EXISTING TIMB 1 _4S' ER BUL!<NEAD EXISTING BULKHEAD IS ; PROPOSED 162 LF OF GRANITE THE LIMIT OF THE �, ,� QUARRY STONE RIPRAP / EASEMENT(APPROXIMATE �� (RIP RAP TO TERMINATE AT ELEVATION OF 7.0'1 Y; "� PROPERTY LINE) LOT 204 NOW OR FORMERLY \Q. RICHARD E.&NORET H.DOVEL /� LOT 205 LOT 203 , GPIN: 1497-08-6583 NOW OR FORMERLY NOW OR FORMERLY DEED: BOOK 4238 PG.709 /A, lz° MARK H.&LAURA J.RICKMAN CHRiSTOPHER J.DAVIES '�Cr\ M.B.51,PG.30 /`s``��' GPIN: 1497-08-5577 �j�r' r / �° INST:20070205000167910 GPIN: 1497-08-7S89 ��v�\ �'r INST:202403044351 M.B.51,PG.30 M.B.51,PG.30 y, Digioly signed by Seen Gre n / -� —�DN:CN=Sean e n, Cl " SEAN E. GREEN E4ibn�§M-6n�on ' t LiC. No. 0402064005 m,G=Sean,SN=Green C=US _ ate:2026.02.23 21:5 - -05M) P(F) MELROSE CIRCLE D�FSSI E 50'RIGHT-OF-WAY N A L M.B. 51, PG.30 g4.3'TD KINGS G GRANT RID CURVE RADIUS ARC LENGTH I CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 50.0' 42.27' 1 41.02' S 75°55'58"W 48'26'10" 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS, PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 SCALE: 1" =40 EXHIBIT 'A'- ENCROACHMENT REQUEST ENGINEERING SERVICES PROVIDED BY: FOR PROPOSED RIP RAP REVETMENT STONE GREEN CONSULTING, LLC AND TIMBER WHARF 4014 MEDINA ROAD#1015,AKRON, OH 44333 FOR: RICHARD E. & NORET H. DOVEL (330) 400-3811 COA:0407008328 528 MELROSE CIRCLE,VIRGINIA BEACH, VA 23452 KINGS GRANT SECTION 2 LOT 204, M.B. 51, PG. 30 02025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED MAY 28, 2025 39 ITEM— VLK.16 ORDINANCES/RESOLUTIONS ITEM#78535 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a City-owned property known as Treasure Canal at the rear of 2229 Spinnaker Circle re maintain two (2) existing timber floating piers, existing aluminum boat lift with timber piles, existing aluminum personal watercraft lift, remove and replace an existing timber floating pier and construct and maintain a replacement vinyl bulkhead with two return walls DISTRICT 8 Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent.- None July 7, 2026 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO CITY-OWNED PROPERTY 6 KNOWN AS TREASURE CANAL, 7 LOCATED AT THE REAR OF 2229 8 SPINNAKER CIRCLE. 9 10 WHEREAS, Leslie Ann Slootmaker and Matthew Troy Slootmaker 11 (collectively, the "Applicant"), request permission (1)to maintain an existing 12'x 12'timber 12 floating pier, an existing 10.5' x 7' aluminum boat lift with four (4) timber piles, and an 13 existing 8.8' x 9.1' aluminum personal watercraft lift; (2) to remove and replace within the 14 same footprint a 35.9' x 33.7' timber pier; and (3) to install a replacement 426' vinyl 15 bulkhead, with two (2) 14' return walls, channelward of an existing vinyl bulkhead 16 (collectively, the"Temporary Encroachment"), into City-owned property known as Treasure 17 Canal, located at the rear of 2229 Spinnaker Circle (GPIN: 2409-19-4458). 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, their heirs, 28 assigns and successors in title are authorized to maintain the Temporary Encroachment 29 within the City-owned property as shown on the map entitled: "EXHIBIT 'A' — 30 ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, 31 TIMBER FLOATING PIER, ALUMINUM BOAT LIFT WITH TIMBER PILES, ALUMINUM 32 PERSONAL WATERCRAFT LIFT, AND A PROPOSED TIMBER PIER AND VINYL 33 BULKHEAD FOR: MATTHEW T. & LESLIE A. SLOOTMAKER 2229 SPINNAKER CIRCLE, 34 VIRGINIA BEACH, VA 23451 BAY ISLAND, SECTION 2 LOT 208 M.B. 48, PG. 15," 35 Scale: 1" = 50', dated June 2, 2025, prepared by Stone Green Consulting, LLC, a copy of 36 which is attached hereto as Exhibit A, on file in the Department of Public Works and to 37 which reference is made for a more particular description; 38 39 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 40 subject to those terms, conditions and criteria contained in the agreement between the City 41 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 42 been presented to the Council in its agenda, and will be recorded among the records of the 43 Clerk's Office of the Circuit Court of the City of Virginia Beach; 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as the Applicant and the City Manager or his authorized designee execute the 50 Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th 53 day of J u 1 y , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS / REAL ESTATE DA . HARMEYER DEPUTY CITY ATTORNEY CA16726 R-2 Prepared: 6/25/26 c:\users\anegronrodriguez\appdata\local\microsoft\windows\inetcache\content.outlook\kg6cgb7r\slootmaker ord cal 6726.doc SLOOTMAKER ENCROACHMENT EXHIBIT n EXISTING PIER&LIFT CURVE RADIUS ARCLENGTH I z EXISTING c1 50.00' a7.0"' 0 m FLOATING PIER CHORD LENGTH CS ORD2 12RIE G DEL3 51'a4 LE m < 0Ln m(1 pa � C Go U Gl z 0 N 5�57'20'E ,74) Jy/L D 73,07 6F GFG Z DLA r- i 26 3 �G�� l�yF9O , o ' uj p I0 9�\^ 1 226 M.B.48fi PG. 15 m = ' x z � X, =- 2 STORY FRAME 8.7` , ' #2229 SPINNAKER CIRCLE rn LOT 208 o \ NOW OR FORMERLY �L6 �pL T N p , ` ��\ MATTHEW T.&LESLIE A. SLOOTMAKER g .�� G► `�� GPIN:2409-19-4458 �'� ,,� o _ �L y INST. 2021000OS617 '� c 4 o cC0 o �' SEAN E. GREEN a '�'' 'o 01 2F z � o 7 M.B.48,PG. 15 loo � � _ c •�� 1`n 0OToN � Lic. No. 0402064005 �J + 0O �- NN � (l !� Z 14 z i a ny signed by Green can S\ i negreen s n g ail.co G=Sean,SN=Green,,C=US 0q� , te:2025:084 21a7:07 04'00' LOT 207 123'TO NOW OR FORMERLY �'^ LEEWARD DAVID W.&JESSICA M.FLAGE ' EXISTING GPIN:2409-19-6401 �s�` SHORE DRIVE INST: 20181017000853190 C 1 P(F) CONDITIONS M.B.48,PG. IS P(F) SPINNAKER CIRCLE 50'RIGHT-OF-WAY 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. M.B.48,PG.15 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 14. THE CITY OF VIRGINIA BEACH 15 NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 50 100 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE:1"=50' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: MATTHEW T. &LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON,OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 BAY ISLAND,SECTION 2 LOT 208 (330)400-3811 COA:0407008328 M.B.48, PG. 15 JUNE, 2 2025 SHEET 1 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT Z � o � � � m 2 o °° < O�C„ mny co Ll � m � G1 Ln op m Z M.B.48 PG. 15 t m a ?� r ��5' BU�Kt1EAID W�DT EXISTING TIMBER FLOATING PIER AND ALUMINUM LIFT WITH(4) TIMBER PILES,TO REMAIN �y�1DSN rm 9�p�E w EXISTING TIMBER PIER 12 10.5 N ; TO BE REMOVED AND r+�, Q' n m REPLACED `'- Ci n 4 ALUMINUM PERSONAL WATERCRAFT LIFT TO REMAIN N 5"5T20°E 1 73.07 9p �o a v� 00rn G�ti�ryc _ Lrn nZ ��N1.T H_oF y z LOT 208 n Q� NOW OR FORMERLY z =i MATTHEW T.&LESLIEA. Z w m I GPIN.24409-19-4458 " SEAN E. GREEN n INST: 202100005E 17 Lic, No. 0402064005 EXISTING I M.B.48,PG, 15 CONDITIONS i r dally signed by Green i Sea --;:stonegreen ng gmail.com, 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. G=Sean,SN=Green,C=US 2. THIS EXHIBIT 15 INTENDED FOR AN ENCROACHMENT REQUEST ONLY. Date:2025.08.04 21:47:10-04'00' 3. THIS EXHIBIT IS RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 20 40 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE: 1"=20' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR:MATTHEW T.&LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON,OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE,2 2025 SHEET 2 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT rl PROPOSED PIER SEE SHEET 4 CURVE RADIUS ARC LENGTH Z Cl 50.00' 47.00' T' O O CHORD LENGTH CHORD BEARING DELTA ANGLE O K -, :Em 45.2 ' S 'S2'12"E 5 '51'44" O PO < ON (J PROPOSED 426'OF VINYL BULKHEAD WITH(2) 00 -0 Z p n - N 5.57'20°E 14'RETURN WALLS TO BE CONSTRUCTED NO MORE THAN 2'CHANNELWARD Ln m Z 73,07 76 I 2s0 8$10 rz N I oo _ 19�\� o -o <c9 Ln Ln . \ o� O I N4�pO\` bTy M.B.48fTA PG. 15 c O ' 10.7' — I 2 STORY FRAME -i #2229 SPINNAKER CIRCLE a LOT 208 ' \ NOW OR FORMERLY E-pL y �F MATTHEW T.&LESLIE A. p SLOOTMAKER GPIN:2409-19-4458 �\ INST: 202100005617 ++� t' SEAN E. GREEN '`\ M.B.48,PG. 15 to Lic. No. 0402064005� IV) >- o \ W � 00 Ln ss , _ Digitally signed by Green LL O O Sea a S\ =stonegreen ns ting gmail.com, s9°` , � � Z O g G=Sean,SN=Green,C=US ��. O N Date:2025.08.04 21:47:12-04'00' LOT 207 lam; z Y 0 N NOW OR FORMERLY ��, C z DAVID W.&JESSICA M.FLAGE \ : PROPOSED GPIN:2409-19-6401 �Q P(F) INST: 20181017000853190 'o C 1 IMPROVEMENTS M.B.48,PG. 15 P(F) SPINNAKER CIRCLE 50'RIGHT-OF-WAY 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. M.B.48,PG.15 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 50 100 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE: 1"=50' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: MATTHEW T. &LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208M.B.48, PG. 1S 3UNE,2 2025 SHEET 3 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT t n 0 � 0 m �QO 'n ' V ao < 0 „ Z 4 35 a C m 00LITm LonCD � DQD mZ m t" Ca D ;u > M.B.48 PG. 15 n < 2 ROpOSED 8t1tKHEAD W�DTN 67.3 P 9,p�F.R��D�N 1 DOo SEE SHEET 2 FOR LIFT ww m O ENCROACHMENT a DIMENSIONS fl � z 90 n u' AR O PROPOSED TIMBER PIER IN t4 5-57'2y'E SAME FOOTPRINT AS 73.07' 9PO pO. 0,CIO EXISTING PIER F J j z 1 LOT 208 A t T yf JC p p > NOW OR FORMERLY (n w Q <t MATTHEW T.&LESUE A. 2 a z =� SLOOTMAKER O --+ V) �i x f GP1N:2409-19 4458 SEAN E. GREEN n a m ,.0 rn {, INST. 202100005617 M.B.48, PG. 15 Lic. No. 0402064005 PROPOSED IMPROVEMENTS ✓'�gita"y signed by*SGreen ' "e'stonegreeni.com, 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. Glean,SN=Green,C=US 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. Date:2025.08.04 21:47:15-04'00' 3, THIS EXHIBIT 15 A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 20 40 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE:1"=20' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: MATTHEW T. &LESLIE A.5LOOTMAKER 4014 MEDINA ROAD#1015,AKRON,OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE,2 2025 SHEET 4 OF 4 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of 20 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LESLIE A. SLOOTMAKER and MATTHEW T. SLOOTMAKER, wife and husband 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 "208" as shown on that certain plat entitled.. "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO, VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15 and 15A respectively, and being further designated, known, and described as 2229 Spinnaker Circle, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee (1) to maintain an existing 12' x 12' timber floating pier, an existing 10.5' x 7' aluminum boat lift with four (4) timber piles, and an existing 8.8' x 9.1' aluminum personal watercraft lift; (2) to remove and replace within the same footprint a 35.9' x 33.7' timber pier; and (3) to install a replacement 426' vinyl bulkhead with two (2) 14' return walls, channelward of an existing vinyl bulkhead, GPIN: TREASURE CANAL (NO GPIN REQUIRED OR ASSIGNED) 2409-19-4458 (2229 SPINNAKER CIRCLE) collectively, the "Temporary Encroachment", and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as 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 grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT LIFT WITH TIMBER PILES, ALUMINUM PERSONAL WATERCRAFT LIFT, AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD FOR: MATTHEW T. & LESLIE A. SLOOTMAKER 2229 SPINNAKER CIRCLE, VIRGINIA BEACH, VA 23451 BAY ISLAND, SECTION 2 LOT 208 M.B. 48, PG. 15," Scale: 1" = 50', dated June 2, 2025, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 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 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 3 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 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 obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the 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 4 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, Leslie A. Slootmaker and Matthew T. Slootmaker, 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) 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 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: 6 �!2 Les ee A. Slootm er IV att ew T. Slo"bWaker STATE OF VI()i-\iCi CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this �e day of , 202G, by Leslie A. Slootmaker and Matthew T. Slootmaker. (SEAL) otary lic 1Yyy% My Notary Registration Number: My Notary Commission Expires: 05/3>� 12030 ALTH APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM . - PUBLIC WORKS — REAL ESTATE LN . ARMEYER DEPUTY CITY ATTORNEY 7 SLOOTMAKER ENCROACHMENT EXHIBIT n EXISTING PIER&LIFT CURVE RADIUS ARCLENGTH z EXISTING C1 so.00 47.00' O O O m FLOATING PIER CHORDS 2NNGTH CSHOR D2BEEAARIE G D LT 51'44'LE 53 C0 � < Ov, L } , � a� co 0 lw Ln m m Z f D v, E G�� yF9Q r, o w p �0 191\•, ��aT M.B.48 PG. 15 rn X ' W CO I Q8`, z �� F 0 v z 2 STORY FRAME 8.7' `:';:_ #2229 SPINNAKER CIRCLE rn X I1 , ' \ NOW OR FORMERLY �p l T H p ' •,\ MA SLOOTMAKER AKERLIE A. .�� C ••\ GPIN:2409-19-4458 +'u > m o m o y '\ INST: 202100005617 ,pr,'L iv 4 m 0 �' SEAN E. GREEN a ''\ M.B.48,PG. 15 Jo C IZ 2' o Lic. Na 0402064005 ''\ �N ow o N ,C 0 '�' 1- Z i fly signed by Green \• < tcbn can s\ - onegreen s n g •atl.co s9e• G=Sean,SN=Green,C=US LOT 207 O� ' te:2025.08.04 21`47:07-04'00' + NOW OR FORMERLY LEEWARD DAVID W.&JESSICA M.FLAGE \ ' EXISTING GPIN:2409-19-6401 �Qo\ SHORE DRIVE INST: 20 1 8 1 0 1 7000853 1 90 �O C 1 P(F) CONDITIONS M.B.48,PG. 15 P(F) SPINNAKER CIRCLE 50'RIGHT-OF-WAY 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. M.B.48,PG.15 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND G15 DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH 15 NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 50 100 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE:1"=50' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR:MATTHEW T. &LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3$11 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE,2 2025 SHEET 1 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT n z -n O -n :Er n 'O � < 0 VO p � mC z co G 1 � d m D rn Ln CO m z M.B.4$ PG. 15 57 5' BULKHEAD WIDTH EXISTING TIMBER FLOATING PIER AND ALUMINUM LIFT WITH(4) t TIMBER PILES,TO REMAIN 00 5 EXISTING TIMBER PIER 1 Y, TO BE REMOVED AND REPLACED �l ' n n ALUMINUM PERSONAL 1 23.2'- WATERCRAFT LIFT TO I 1 REMAIN 5057'20"IE 73.07 9.00'o\. Y F = yfun O vANON -4F n 1 LOT OZLOT 8 n O Q; NOW OR FORMERLY z =� MATTHEW T. &LESLIE A. 3� y N ; SLOOTMAKER r w m( GPIN:2409-19-4458 " SEAN E. GREEN D INST. 202100005617 Uc , No. 0402064005 EXISTING M.B.48,PG, 15 PellCONDITIONS � �gitally signe�b�, G n green 0" 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. G=Sean,SN=Green,C=US 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. Date:2025.08.04 21:47:10-04'00' 3. THIS EXHIBIT IS RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 20 40 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE: 1"=20' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR:MATTHEW T. &LESLIE A. SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE,2 2025 SHEET 2 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT n PROPOSED PIER SEE SHEET 4 1 CURVE I RApIUS ARC LENGTH Z Cl 50.00' 47.00' Om CHOR�L29GTH C5o5'D212RE G 053A1'44LE �0 O7 < Ovi ( 1 T CO 1 2 __� n �� PROPOSED 426'OF VINYL BULKHEAD WITH(2) W U 0 Z O n _ 5g57Zp E 14'RETURN WALLS TO BE CONSTRUCTED NO l D m z 1 73 07 16 MORE THAN 2'CHANNELWARD T ` uiD � � I 7i60\� �$A �z= fi r �- �� `, iQ0 iv I o 19 `rF4 2 O F9 0 m 48°p�\ �Tti M.B.48 PG. 15 X D I9n 0 1Z `\ 10.7' - 3 .. - 2 STORY FRAME -i ' = `' #2229 _ SPINNAKER CIRCLE LOT 208 �a ' NOW OR FORMERLY y�F'N L T H OF MATTHEW T.&LESLIE A. +ti SLOOTMAKER C *`\ GPIN:2409-19-4458 j^ o �► �'� INST: 202100005617 SEAN E. GREEN n '"� M.B.48,PG. 15 io 0 Lic. No. 0402064005� �`� �� , a w0- �OLnLn 4 Q � zco Lv1. � L110OC rv0wLL c = m Digitally signed by SoaGreen ,\` 0 cl-O T N o m c �= rs Sea e _ stonegreen ns ting gmatl.com, S 9" t z o G=Seam,SN=Green,C=US ° N Date:2025.08.04 21:47:12-04'00' LOT 207 1,,�;, i ( O NOW OR FORMERLY �! Q Z DAVID W.&JESSICA M.FLAGE \ 2 PROPOSED GP1N:2409-19-6401 ��p� P(F) INST: 20181017000853190 0o C 1 IMPROVEMENTS M.B.48,PG. 15 P(F) SPINNAKER CIRCLE 50'RIGHT-OF-WAY 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. M.B.48,PG.15 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 50 100 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE: 1"=50' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR:MATTHEW T. &LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE,2 2025 SHEET 3 OF 4 SLOOTMAKER ENCROACHMENT EXHIBIT n 0Z � O O,��, 0 � T :Em 0 m < 0un > fl�i p a C i U COco G) G) m � v� m mco m Z u' D m> M.B.48 PG. 15 n < 67.3`PROPOSED gUt KNEAD N rn 70 3g,9`PEE n SEE SHEET 2 FOR LIFT w O ENCROACHMENT m DIMENSIONS fl 00 n PROPOSED TIMBER PIER IN N 5'S7 4' 1 9 6, SAME FOOTPRINT AS 73.07 ?p0'.'O�� EXISTING PIER F J z j LOT 20$ ��'AL T N-af NOW OR FORMERLY Ln ,;; Q9 ¢ MATTHEW T.&LESUE A. 0 Y LZ Y j SLOOTMAKER y O X GPIN:2409-19 4458 � SEAN E. GREEN y a m w m INST. 202100005617 M.B.48,PG. 15 L'c: No. 0402064005 PROPOSED IMPROVEMENTS gitally signed by S Green I I e1�=sea -stonegreendans ng gmai.cam, 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. G=Sean,SN=Green,C=US 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. Date:2025,08.04 21 47:15-04'00' 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 20 40 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, VINYL BULKHEAD, TIMBER FLOATING PIER, ALUMINUM BOAT SCALE:1"=20' LIFT WITH TIMBER PILES,ALUMINUM PERSONAL WATERCRAFT LIFT, ENGINEERING SERVICES PROVIDED BY: AND A PROPOSED TIMBER PIER AND VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR:MATTHEW T. &LESLIE A.SLOOTMAKER 4014 MEDINA ROAD#1015,AKRON, OH 44333 2229 SPINNAKER CIRCLE,VIRGINIA BEACH,VA 23451 (330)400-3811 COA:0407008328 BAY ISLAND,SECTION 2 LOT 208 M.B.48, PG. 15 JUNE, 2 2025 SHEET 4 OF 4 40 ITEM— VI.K.17 ORDINANCES/RESOLUTIONS ITEM#78536 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE$3-Million of the Open Space Special Revenue Fund Balance to the FY2026-27 Capital Improvement Program;AMEND the scope of Capital Project#100667"Rudee Loop Park Development",-and A UTHORIZE the acquisition of property at 310 Atlantic Avenue from 310- 314 Atlantic Avenue, LLC Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE TO (1) APPROPRIATE $3,000,000 2 OF THE FUND BALANCE OF THE OPEN SPACE 3 FUND TO THE FY 2026-27 CAPITAL IMPROVEMENT 4 PROGRAM, (2) AMEND THE SCOPE OF CAPITAL 5 PROJECT 100667 FOR THE RUDEE LOOP PARK 6 PROJECT, AND (3) AUTHORIZE THE ACQUISITION 7 OF PROPERTY LOCATED AT 310 ATLANTIC 8 AVENUE FROM 310-314 ATLANTIC AVENUE, LLC 9 10 WHEREAS, the City of Virginia Beach (the "City") owns approximately 8 acres of 11 property adjacent to Rudee Inlet, commonly known as "Rudee Loop"; 12 13 WHEREAS, the Rudee Loop Park Development Capital Improvement Project (CIP 14 100667)was established for the purpose of planning, designing and constructing a vibrant 15 and iconic park destination at Rudee Loop ("Rudee Loop Park"); 16 17 WHEREAS, 310-314 Atlantic Avenue, LLC, a Virginia limited liability company (the 18 "Landowner") owns a 4,415 sq. ft. (0.10 acre) parcel of land located at 310 Atlantic Avenue 19 (GPIN: 2427-22-8212) (the "Property"); 20 21 WHEREAS, the Landowner desires to sell the Property to the City for$3 million and 22 the City desires to acquire the Property to incorporate it into Rude Loop Park; 23 24 WHEREAS, funding for the acquisition is available within the fund balance of the 25 Open Space Special Revenue Fund; 26 27 WHEREAS, the Landowner and the City have negotiated the terms and conditions 28 of the sale of the Property to the City, as set forth in the Summary of Terms attached hereto 29 as Exhibit A and incorporated herein; and 30 31 WHEREAS, the City Council finds that it is in the best interests of the City to acquire 32 the Property for the purpose of assembling it with the other publicly owned parcels at 33 Rudee Loop. 34 35 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That $3,000,000 is hereby appropriated from the fund balance of the Open 39 Space Special Revenue Fund and transferred as pay-go funding to the FY 2026-27 Capital 40 Improvement Program for project 100667 "Rudee Loop Park Development." 41 42 2. That the scope of CIP 100667 "Rudee Loop Park Development" is hereby 43 amended to include site acquisition. 44 45 3. That the City Council authorizes the acquisition of the Property by purchase 46 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended. 47 4. That the City Manager or his designee is further authorized to execute all 48 documents that may be necessary or appropriate in connection with the purchase of the 49 Property, substantially in accordance with the Summary of Terms, attached hereto as 5o Exhibit A, and including such other terms, conditions and modifications as may be 51 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h day 54 of July , 2026. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY -max- "Z-- Public Works/Real Estate City Attorney APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: "44 Dept, of Parks and Recreation fAgaLet & nagement Services CAI 7168 llvbgov.comldfsl XapplicaUonslcitylawlcycom321wpdocs1d012vO56101139033.doc R-1 June 24, 2026 EXHIBIT A SUMMARY OF TERMS LANDOWNER: 310-314 Atlantic Avenue, LLC, a Virginia limited liability company PURCHASER: City of Virginia Beach (the "City") PROPERTY: 310 Atlantic Avenue (GPIN: 2427-22-8212), consisting of approximately 4,415 sq. ft. (0.10 acre) of land, with improvements thereon, located in District 5, and zoned OR. CONSIDERATION: $3,000,000 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon approval by City Council, execution of an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • City shall have a ninety (90) day study period from full execution of the Agreement of Sale to evaluate the Property (the "Study Period"). The Agreement may be terminated prior to the end of the Study Period upon written notice to the Landowner. • Settlement will be within thirty (30) days after expiration of the Study Period, or as soon thereafter as is practicable allowing a reasonable time to correct any title defects reported by the title examiner and the preparation and signing of the necessary documents. • Landowner shall pay its own attorney's fees and costs, including any costs associated with clearing up or removing liens or encumbrances of title affecting the Property. • City shall bear the costs of obtaining a title report and preparation of closing documents. • The City and Landowner acknowledge that this acquisition was voluntarily initiated by Landowner and negotiated under no threat of condemnation. 41 ITEM— VI K 18 ORDINANCES/RESOLUTIONS ITEM#7853 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRL4 TE$516,923 from the Hurd's Cove Special Service District(SSD) Special Revenue Fund and $128,227 from private access basin funds within the FY 2026-27 Capital Improvement Program re Capital Project#100210 "Hurd's Cove Neighborhood Dredging" Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE TO APPROPRIATE FUNDS TO 2 CAPITAL PROJECT 100210 "HURD'S COVE 3 NEIGHBORHOOD DREDGING" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $516,923 from the balance of the Hurd's Cove Special Service District Special 9 Revenue Fund is hereby appropriated, with revenue increased accordingly, to 10 Capital Project #100210 "Hurd's Cove Neighborhood Dredging," within the 11 FY2026-27 Capital Improvement Program. 12 13 2. $128,227 from private access basin funds is hereby appropriated, with revenue 14 increased accordingly, to Capital Project #100210 "Hurd's Cove Neighborhood 15 Dredging," within the FY2026-27 Capital Improvement Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day Of July , 2026. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an anagement Services C' mey s Office CA17267 R-1 June 24, 2026 42 ITEM— VI.K.19 ORDINANCES/RESOLUTIONS ITEM#78538 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRMIE $6,000 from the Virginia Department of Criminal Justice Services (DCJS) to the FY 2026-27 Police Department Operating Budget re purchase Axon Fuses Core Pro Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $6,000 2 FROM VIRGINIA STATE POLICE TO THE FY 2026-27 3 POLICE OPERATING BUDGET 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $6,000 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with state revenue increased accordingly, to the FY 10 2026-27 Operating Budget of the Police Department to purchase Axon Fuses Core 11 Pro. 12 13 2. The City makes no representation that it will replace the equipment to be 14 purchased with these grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of July , 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and gement Services ttor ey s Office CA17265 R-1 June 24, 2026 43 ITEM— VI.L I PLANNING ITEM#78539 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS CONDITIONED, BY CONSENT, application of JOHN TRAN& LIEN NGUYEN/LIEN NGUYEN NGOC-THI& JOHN TRAN for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot area and width at 1117 Beautiful Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLI JOHN TRAN & LIEN NGUYEN/LIEN NGUYEN NGOC-THI & JOHN TRAN for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot area and width at 1117 Beautiful Street (GPIN 2417425564)DISTRICT 6 The following conditions shall be required.• 1. The site shall be in substantial conformance with the conceptual subdivision plan entitled "PHYSICAL SURVEY-1117 BEAUTIFUL STREET—PHYSICAL SURVEY OF PARCEL ADJOINING SEA TACK EVERGREEN TERRACE" dated December 16, 2025,prepared by DKT Associates Land Surveyors, 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. Anyfuture improvements to the existing structures on the site must meet all the dimensional requirements of the Zoning Ordinance unless a variance by the Board of Zoning Appeals is granted. 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 7t"day of July, Two Thousand Twenty Six. July 7, 2026 44 ITEM— VI.L.1 PLANNING ITEM#78539 (Continued) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 R1n BEAUTIFUL ST R�10 R10 ® site John Tran & Lien Nguyen (� Zoning 1117 Beautiful Street Property Polygons s Feet 0 10 20 40 60 80 Map created by Planning Department on 6/9/2026 45 ITEM— VI.L.2 PLANNING ITEM#78540 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS MODIFIED,AS CONDITIONED,BY CONSENT,application of MATTHEW&JESSICA FIRMS for a Modification of Conditions to a Conditional Use Permit re home occupation at 1492 Back Bay Landing Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI7VL4 BEACH, VIRGINL4 MATTHEW & JESSICA FIRME for a Modi ication of Conditions to a Conditional Use Permit re home occupation at 1492 Back Bay Landing Road(GPIN 2318631219)DISTRICT 2 The following conditions shall be required.• 1. All previous conditions attached to the Conditional Use Permit for the property located at 1492 Back Bay Landing Road of January 20, 2025, shall be voided and replaced with the following conditions below. 2. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 3. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau ofAlcohol, Tobacco, Firearms and Explosives(ATF) in order to conduct business. 4. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 5. There shall be no selling with the exception of trans ers directly related to gunsmithing activities reloading, or manufacturing offirearms or ammunition on the site. 6. Hours of operation shall be from 5:00 p.m. to 7:00 p.m.,Monday through Friday, and 9:00 a.m. to 5:00 p.m., Saturday and Sunday. 7. There shall only be one (1)customer on site at any given time. 8. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. July 7, 2026 46 ITEM— VI.L.2 PLANNING ITEM#78540 (Continued) 9. The use shall not create noise, dust, smoke, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the area under normal circumstances, wherein no home occupation exists. 10. All activities related to the proposed Home Occupation shall only be conducted within a 200 square foot area of the detached garage on the property. 11. No amplification of music or use of speakers shall be permitted except within the enclosed accessory structures. 12. There shall only be one (1) employee associated with this home-based business. 13. 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 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7t"day of July, Two Thousand Twenty Six. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 AG2 AG2 BACK AG2 -AG2 d ® site Matthew & Jessica Firme C 3 zoning 1492 Back Bay Landing Road `� f Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 6/9/2026 47 ITEM— VI.L.3 PLANNING ITEM#78541 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS MODIFIED, AS CONDITIONED, BY CONSENT, application of YOUR NOT ALONE LLC for Modification of Conditions to a Conditional Use Permit re short term rental at 207 79`h Street, Suite C DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 YOUR NOTALONE LLC for Modification of Conditions to a Conditional Use Permit re short term rental at 207 79`h Street, Suite C(GPIN 24195873653207) DISTRICT 6 The following conditions shall be required: L All previous conditions attached to the Conditional Use Permit approval of August 25, 2020, shall be voided and replaced with the following conditions below. 2. The following conditions shall only apply to the dwelling unit addressed as 207 79`h Street, Unit C and the Short Term Rental use shall only occur in the principal structure. 3. An all-weather "No Blocking Sidewalk" sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way (driveway). The location, material, and content of the sign shall be submitted for review by the Zoning Administrator within thirty (30) days of a favorable decision by City Council. Said sign shall be installed on the property, at a location deemed acceptable to City Staff, within sixty(60)days of the Zoning Administrator's approval. 4. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwelling for Short- Term Rental purposes. 5. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance (CZO) or as approved by City Council. 6. 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. 7. 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 units) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. July 7, 2026 48 ITEM— VI.L.3 PLANNING ITEM#78541 (Continued) 8. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall note the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 9. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 10. 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. 11. 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 $1-Million ($1,000,000). 12. 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. 13. 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. 14. 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. July 7, 2026 49 ITEM— VI.L.3 PLANNING ITEM#78541 (Continued) 15. Accessory structures shall not be used or occupied as Short Term Rentals. 16. 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. 17. The Short Term Rental shall have no more than one(1)rental contract for every seven(7) consecutive days. 18. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by insurers acceptable to the City. 19. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 20. 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). 21. 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. July 7, 2026 50 ITEM— VI.L.3 PLANNING ITEM#78541 (Continued) This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`"day of July, Two Thousand Twenty Six. Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 �F R5R �i .j E . X. 19tN gt l Site Your Not Alone LLC Zoning 207 79th Street, Suite C Property Polygons Feet 0 10 20 40 60 80 Map created by Planning Department on 6/9/2026 51 ITEM— VI.L.4 PLANNING ITEM#78542 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS MODIFIED, AS CONDITIONED, AS AMENDED, BY CONSENT, application of WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions to a Conditional Use Permit reconstruct a four-level parking structure at 3100 Shore Drive DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WESTMINSTER CANTERBURYON CHESAPEAKE BAYfor a Modification of Conditions to a Conditional Use Permit re construct a four-level parking structure at 3100 Shore Drive (GPIN 1590005576)DISTRICT 8 The following conditions shall be required: 1. All previous conditions attached to the Conditional Use Permits and subsequent Modification of Conditions approved by the Virginia Beach City Council for the property located at 3100 Shore Drive, shall be voided and replaced with the following conditions. 2. There shall be a 9.79 front yard setback along Shore Drive for the proposed parking structure. This 9.79 foot setback is a deviation to the 35 foot front yard setback required by the City Zoning Ordinance (CZO). 3. The parking structure shall be developed in substantial conformance to the conceptual site plan entitled "MODIFICATION OF CONDITIONS REVISED CONCEPT PLAN — WESTMWSTER CANTERBURY PARKING STRUCTURE — VIRGINL4 BEACH, VIRGINIA",prepared by KIMLEYHORN, dated May 26, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. The parking structure shall be developed in substantial conformance to the planting exhibit entitled"WESTMINSTER CANTERB URY ON CHESAPE,4KE BAY—EXHIBIT SHOWING ADDITIONAL PLANTINGS", dated April 16, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 5. The architectural design and materials of the parking structure shall be developed in substantial conformance to the elevations entitled"MODIFICATION OF CONDITIONS CONCEPTUAL ARCHITECTURAL ELEVATIONS — WESTMINSTER CANTERBURY PARKING STRUCTURE—VIRGINIA BEACH, VIRGINL4",prepared by KIMLEYHORN, dated April 1, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. July 7, 2026 52 ITEM— VLL.4 PLANNING ITEM#78542 (Continued) 6. The architectural design and materials of the parking structure shall be developed in substantial conformance to the renderings entitled "WESTMINSTER CANTERBURY ON CHESAPEAKE BAY—PROPOSED RENDERINGS",dated April 16,2026,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 7. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval during final site plan review. 8. The parking structure design shall include walls at each level of suff cient height to screen automobile headlights and to prevent glare onto adjacent properties. 9. All existing live oak trees impacted by the construction of the parking garage shall be retained to the greatest extent practicable. Any live oak tree removed or damaged as a result of development activity shall be replaced and maintained by the applicant. All retained and replacement trees shall be maintained in a healthy condition for a minimum period of two(2)years following installation or project completion. 10. Any replacement tree required pursuant to this approval shall have a minimum trunk caliper of two (2) to four (4) inches, as approved by the City Arborist, at the time of planting. 11. The Property shall be developed in substantial conformance with the conceptual site plan entitled "SITE PLAN- CUP", dated November 8, 2019, and prepared by D2 Architecture (the "Site Plan'), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 12. The quality of architectural design and materials of the buildings to be constructed on the Property, when developed, shall be in substantial conformance with the exhibit prepared by D2 Architecture, entitled "ELEVATIONS - CUP", and dated June 15, 2020 (the "Elevations'), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 13. Landscaping installed on the Property, when developed, shall be in substantial conformance with that shown on the exhibit prepared by WPL, entitled "CONCEPTUAL LANDSCAPE MASTER PLAN", and dated July 21, 2020 (the "Landscape Plan'), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. July 7, 2026 53 ITEM— VI.L.4 PLANNING ITEM#78542 (Continued) 14. The Property, when developed, shall not exceed a total of 674 Independent Living units, 75 Assisted Living units, 48 Memory Support units, and 108 Skilled Nursing units. 15. Prior to the approval of the construction plans for any elevated pedestrian bridges, the applicant shall obtain City Council's approval for the encroachment of the pedestrian bridges over Starfish Road and Ocean Shore Avenue. 16. Prior to the approval of the construction plans, the applicant shall have obtained the approval of City Council to relocate the existing public beach access easement from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line. 17. The applicant shall be responsible for any access improvements deemed necessary by Public Works/Traffic Engineering Staff, upon completion of the review of the submitted traffic impact study. 18. The independent living building, when constructed, shall have a dock area and trash bays which are fully enclosed with doors and include heavy duty sound attenuation panels lining the walls and ceilings inside the dock area. In addition, an eight(8)foot tall masonry wall lined with brick and supplemented with additional landscaping shall be installed opposite the dock area,along the length of the eastern property line. The exact species of the various types of landscaping along the wall shall be determined at final site plan review. 19. 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(j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`"day of July, Two Thousand Twenty Six. July 7, 2026 54 ITEM— VI.L.4 PLANNING ITEM#78542 (Continued) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 oGtANS�� ACE u 4( B4 � tj1 G � x 'A C3 R 5 {tE KOpE DR (n gN�R� SVIpRE OR Ln 2(SU' ® site Westminster Canterbury on Chesapeake Bay N Zoning 3100 Shore Drive A Property Polygons Feet 0 70 140 280 420 560 Map created by Planning Department on 6/22/2026 55 ITEM— VI.L.S PLANNING ITEM#78543 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS PROFFERED, AS CONDITIONED, BY CONSENT, application of EMMANUEL B. PLATON / GLASSONPROPERTIES,LLC for a Conditional Change of Zoning from Conditional R-51)Residential District to Conditional I-1 Light Industrial District&Conditional Use Permit re automobile repair garage at 3288 Dam Neck Road DISTRICT 10 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 EMMANUEL B. PLATON/ GLASSON PROPERTIES, LLC for a Conditional Change of Zoning from Conditional R-5D Residential District to Conditional I-I Light Industrial District& Conditional Use Permit re automobile repair garage at 3288 Dam Neck Road(GPIN 1495140015)DISTRICT 10 The following conditions shall be required: Conditional Change of Zoning: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. Conditional Use Permit. 1. A 10 foot-wide Category VI landscape buffer is proposed along the east property line. This landscape buffer is a deviation from the 25 foot-wide Category II buffer required by the City Zoning Ordinance (CZO). 2. The site shall be developed in substantial conformance to the exhibits entitled "CONCEPTUAL SITE LAYOUT 8 SERIES AUTO 3288 DAM NECK RD, VIRGINL4 BEACH, VIRGINIA", Sheet G-100 and"ENHANCED VIEW OF CONCEPTUAL LAYOUT 8 SERIES AUTO" Sheet G-101, dated February 24, 2026, prepared by John Sandow Engineering, LLC", dated February 24, 2026, prepared by John Sandow Engineering, LLC which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 3. The architectural design of the building shall be developed in substantial conformance to the exhibits entitled"NEW 8 SERIES A UTOMOTIVE FACILITY 3288 DAMNECK ROAD -ELEVATIONS"(Sheet Z of 2)and"NEW 8 SERIES A UTOMOTIVE FACILITY 3288 DAM NECK ROAD - FOUR RENDERINGS" (Sheet 2 of 2) with attached color palette, dated March 18, 2026,prepared by Ivy Architectural Innovations, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. July 7, 2026 56 ITEM— VI.L.5 PLANNING ITEM#78543 (Continued) 4. The design of the fencing, dumpster enclosure, freestanding signage, and building- mounted sign shall be developed in substantial conformance to the exhibit entitled "PRELIMINARY DETAILS AND RENDERINGS- 8 SERIES A UTO"dated February 24, 2026, prepared by Ivy Innovations Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. S. The hours of operation shall be from 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 4:00 p.m., on Saturdays. 6. There shall be no storage of tires, equipment,parts, or debris of any kind outside of the building. 7. No outside paging or amplified music system shall be permitted. 8. 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. 9. 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. 10. 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 7'h day of July, Two Thousand Twenty Six. July 7, 2026 57 ITEM— VI.L.5 PLANNING ITEM#78543 (Continued) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 EMMANUEL B. PLATON GLASSON PROPERTIES, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 301h day of March,2026,by and between EMMANUEL B.PLATON,party of the first part,Grantor;GLASSON PROPERTIES,LLC,a Virginia limited liability company, party of the second part,Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part,Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of property located in District 10 of the City of Virginia Beach containing approximately 1.76t acres which is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the"Property"; WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional R-51)Residential District to Conditional I-1 Light Industrial District;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit GPIN: 1495-14-0015 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise;and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, in addition to the regulations provided for in the I-1 Light Industrial District by the existing Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or-quid ipoo duo for zoning,rezoning, site plan,building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants ruining with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is developed, the Iayout of the building, parking, site improvements, landscaping and shared access improvements shall be substantially in accordance with the two (2) exhibits entitled "CONCEPTUAL SITE LAYOUT 8 SERIES AUTO 3288 DAM NECK RD, VIRGINIA BEACH, VIRGINIA", Sheet G-100 and "ENHANCED VIEW OF CONCEPTUAL LAYOUT 8 SERIES AUTO" Sheet G-101, dated 02/24/2026, prepared by John Sandow Engineering, LLC,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning 2 and Community Development and is incorporated herein by this reference (hereinafter "Conceptual Development Plans"). 2. When the building shown on the Site Plan is developed, its architectural design, exterior building materials and colors shall be substantially similar in appearance with the exhibits entitled "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD - ELEVATIONS" (Sheet 1 of 2) and "NEW 8 SERIES AUTOMOTIVE FACILITY 3288 DAM NECK ROAD-FOUR RENDERINGS" (Sheet 2 of 2)with attached color palette,dated March 18,2026,prepared by Ivy Architectural Innovations,which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference (hereinafter "Elevations"). 3. When the Property is developed,the fencing and dumpster enclosure depicted on the Conceptual Development Plan as well as the freestanding,and building mounted sign shall be as depicted and described on the exhibit entitled "PRELIMINARY DETAILS AND RENDERINGS - 8 SERIES AUTO" dated 02/24/2026, prepared by Ivy Innovations Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Plarming and Commuuuty Development and is incorporated herein by this reference (hereinafter"Renderings") 4. The following principal uses within the 1-1 Light Industrial Zoning District shall not be permitted on the Property: (a) Airports,heliports and helistops; (b) Low explosive storage; (c) Bars or nightclubs. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the 1-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 3 The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as a;Wended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing,that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions 4 may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Piaatning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 5 WITNESS the following signature and seal: Grantor: (SEAL) Emmanuel B.Platon STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me th9th day of April,2026, by Emmanuel B.Platon,Grantor. Notary Public Ft My Commission Expires: August 31 , 2026 ss�\�.GdMMo .,1tj� 192628 Notary Registration Number: �� CZ 4 Or Z ' 9� G s� "'03 6 WITNESS the following signature and seal: Grantor: Glasson Properties,LLC, a Virginia fi a tty c mpany g (SEAL) . lasson,Manager R STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this day of April,2026, by Sandra E. Glasson, Manager of Glasson Properties, LLC, a Virginia limited liability company,Grantor. Notary Public My Commission Expires: { Notary Registration Number: CHAMICK DEVON SALTER Notary Public state of Florida Gommil HH697719 0110 Expires 7/13/2029 7 EXHIBIT"A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with its appurtenances, situate in the City of Virginia Beach, Virginia, and described as "Theodore Morings as shown on that certain plat entitled "Property of Theodore Morings at Landstown - in - Princess Acme Co., VA", dated March 10,1956,made by W.B.Gallup,County Surveyor,and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 446, at Page 318, containing two(2)acres,more or less,and fronting two hundred (200) feet on the western side of Landstown Road. GPIN: 1495-14-0015 AM/Conditional Rezoning/"Platon/Proffer Agreement—final 4-21-2026.docx 8 58 ITEM— VI.L.6 PLANNING ITEM#78544 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS CONDITIONED, BY CONSENT, application of DL4NE J DAVIS / VIRGINL4 HICKORY ASSOCM TES LLP for Conditional Use Permits re adult daycare at 215 & 241 Expressway Court DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 DL4NE JDAVIS/VIRGINL4 HICKORY ASSOCL4 TES LLP for Conditional Use Permits re adult daycare at 215 & 241 Expressway Court(GPIN 1467 74124 7) DISTRICT 4 The following conditions shall be required.• Conditional Use Permit—215 Expressway Court: 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 215 Expressway Court. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed ten (10) or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 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. Conditional Use Permit—241 Expressway Court: 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 241 Expressway Court. July 7, 2026 59 ITEM— VI.L.6 PLANNING ITEM#78544 (Continued) 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed ten (10) or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 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(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`"day of July, Two Thousand Twenty Six. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 v C"V E'ANO Sr 3a �C q s� 264 AY I�D ® site Diane J Davis 0 Zoning 215 & 241 Expressway Court 0 Property Polygons Feet 0 40 80 160 240 320 Map created by Planning Department on 6/9/2026 60 ITEM— VI.L.7 PLANNING ITEM#78545 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED AS CONDITIONED, BY CONSENT, application of ANDALE GUEY TACOS LLC/ESTELA GOMEZ/ BOWENPROPERTY VENTURES LLCfor a Conditional Use Permit re open air market at 549 Newtown Road DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA ANDALE GUEY TACOS LLC / ESTELA GOMEZ / BOWEN PROPERTY VENTURES LLC for a Conditional Use Permit re open air market at 549 Newtown Road(GPIN 1468206651)DISTRICT 4 The following conditions shall be required: L The Open-Air Market shall be limited to one (1)food truck. 2. The Open-Air Market (food truck) shall be located in substantial conformance to the location depicted on the site plan entitled "Site Plan for Andale Guey Tacos,"dated April 4, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. There shall be no less than one (1) trash receptacle per one thousand(1,000) square feet of the sales area.All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 4. The placement of the food truck shall not obstruct drive aisles or designated fire lanes at any time. 5. The proposed hours of operation shall be from 11:00 a.m. to 8:00 p.m., daily. 6. There shall be no amplified music associated with the Open Air Market(food truck). 7. The operator shall maintain a valid Virginia Beach Fire Department Fire Prevention Bureau Inspection Sticker. 8. 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. July 7, 2026 61 ITEM— VI.L.7 PLANNING ITEM#78545 (Continued) This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`h day of July, Two Thousand Twenty Six. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 0 0 Q� a o w 4�, Y B2 �o a O B2�- Az G'T ., 4'icK�R\N5y. .12 ® site Andale Guey Tacos LLC/Estela Gomez p zoning 549 Newtown Road Property Polygons s Feet 0 25 50 100 150 200 Map created by Planning Department on 6/9/2026 62 ITEM— VI.L.8 PLANNING ITEM#78546 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Sections 401, 501, 901 and 1001 re solar facilities as a conditional and accessory use in the agricultural, residential, commercial and industrial districts Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent.- None July 7, 2026 1 AN ORDINANCE TO AMEND SECTIONS 401, 501, 901 2 AND 1001 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SOLAR FACILITIES AS A 4 CONDITIONAL AND ACCESSORY USE IN THE 5 AGRICULTURAL, RESIDENTIAL, COMMERCIAL AND 6 INDUSTRIAL DISTRICTS 7 8 Sections Amended: §§ 401, 501, 901 and 1001 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 401, 501, 901 and 1001 of the City Zoning Ordinance is hereby 17 amended and reordained to read as follows: 18 19 Sec. 401. Use regulations. 20 21 (a) Principal and conditional uses. The following chart lists those uses permitted within 22 the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 23 respective agricultural districts shall be permitted as either principal uses indicated 24 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 25 an "X" shall be prohibited in the respective districts. No uses or structures other 26 than as specified shall be permitted. 27 Use AG-1 AG-2 Small wireless facilities not placed on existing structures P P Solar facilities C C Storage and maintenance installations for public utilities C C 28 29 (b) Accessory uses and structures. Uses and structures which are customarily 30 accessory and clearly incidental and subordinate to principal uses and structures, 31 including but not limited to, an accessory activity operated for profit in a residential 32 dwelling unit where (i) there is no change in the outside appearance of the building or 33 premises or any visible or audible evidence detectable from outside the building lot, 34 either permanently or intermittently, of the conduct of such business except for one (1) 35 nonilluminated sign not more than one (1) square foot in area mounted flat against the 36 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 37 by such activity in greater volumes than would normally be expected in the 38 neighborhood, and any need for parking generated by the conduct of such activity is 39 met off the street and other than in a required front yard; (iii) the activity is conducted on 40 the premises which is the bona fide residence of the principal practitioner, and no 41 person other than members of the immediate family occupying such dwelling units is 42 employed in the activity; (iv) such activity is conducted only in the principal structure on 43 the lot; (v) there are no sales to the general public of products or merchandise from the 44 home, except for agricultural products, or agricultural-related products, incidental to an 45 agricultural operation on which the dwelling unit is located; and (vi) the activity is 46 specifically designed or conducted to permit no more than one (1) patron, customer, or 47 pupil to be present on the premises at any one time. Notwithstanding the provisions of 48 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 49 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 50 persons on the premises at any one time in connection with the performance of such 51 rites, provided that all other requirements of subdivision (b)(2) are met. Solar generating 52 equipment is permitted as an accessory structure on roofs or as a ground mounted 53 accessory structure when serving the property upon which such facilities are located 54 unless such property lies within a historic and cultural district. Ground mounted 55 accessory Solor Generating Equipment for a residential use shall not exceed 500 56 square feet of area or thirty (30) percent of the floor area of the principal structure, 57 whichever is greater. The following are specifically prohibited as accessory activities: 58 Convalescent or nursing homes, tourist homes, massage or tattoo parlors, body 59 piercing establishments, radio or television repair shops, auto repair shops, or similar 60 establishments. Rental of rooms in a dwelling or the entire dwelling thirty (30) 61 consecutive days or more is an accessory use to the dwelling. 62 63 . . . . 64 65 Sec. 501. Use regulations. 66 67 (b) Accessory uses and structures. Uses and structures which are customarily 68 accessory and clearly incidental and subordinate to principal uses and structures 69 and where such accessory structures do not exceed the height of the principal 70 structure and, in all residential zoning districts, except for R-30 and R-40, do not 71 exceed five hundred (500) square feet of floor area or twenty (20) percent of the 72 floor area of the principal structure, whichever is greater. In the R-30 and R-40 73 residential zoning districts, accessory uses and structures shall not exceed thirty 74 (30) percent of the floor area of the principal structure. Such accessory uses and 75 structures include but are not limited to: 76 77 . . . . 78 79 (8) Solar generating equipment is permitted as an accessory structure on roofs or 80 as a ground mounted accessory structure when serving the property upon which 81 such facilities are located unless such property lies within a historic and cultural 82 district. 83 84 . . . . 85 86 Sec. 901. Use regulations. 87 88 (a) Principal and conditional uses. The following chart lists those uses permitted within 89 the B-1 through B-4K Business Districts. Those uses and structures in the 90 respective business districts shall be permitted as either principal uses indicated by 91 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 92 "X" shall be prohibited in the respective districts. No uses or structures other than 93 as specified shall be permitted. 94 Use B-1 B- B-2 B-3 B-4 B- B- 1A 4C 4K Specialty shops C P P P P P P Solar facilities C C C C C C C Storage garages X X P P P X X 95 96 (b) Accessory uses and structures. Uses and structures which are customarily 97 accessory and clearly incidental and subordinate to the principal uses and 98 structures, including, but not limited to: 99 100 . . . . 101 102 (4) Solar _generating equipment is permitted as an accessory structure on roofs or 103 as a ground mounted accessory structure when serving the property upon which 104 such facilities are located unless such property lies within a historic and cultural 105 district. 106 107 . . . . 108 109 Sec. 1001. Use regulations. 110 111 (a) Principal and conditional uses. The following chart lists those uses permitted within 112 the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective 113 industrial districts shall be permitted as either principal uses indicated by a "P" or as 114 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall 115 be prohibited in the respective districts. No uses or structures other than as 116 specified shall be permitted. 117 Use 1-1 1-2 Small wireless facilities meeting the requirements of section P P 207 Solar facilities C C Solid waste management facilities X C 118 119 (b) Accessory uses and structures. Uses and structures which are customarily 120 accessory and clearly incidental and subordinate to the principal uses and 121 structures, including, but not limited to: 122 123 (1) An accessory activity operated for profit in a residential dwelling unit where 124 there is no change in the outside appearance of the building or premises or any 125 visible or audible evidence detectable from outside the building lot, either 126 permanently or intermittently, of the conduct of such business except for one 127 non-illuminated sign not more than one square foot in area mounted flat 128 against the residence; where no traffic is generated, including traffic by 129 commercial delivery vehicles, by such activity in greater volumes than would 130 normally be expected in the neighborhood, and any need for parking generated 131 by the conduct of such activity is met off the street and other than in a required 132 front yard; where the activity is conducted on the premises which is the bona 133 fide residence of the principal practitioner, and no person other than members 134 of the immediate family occupying such dwelling unit is employed in the 135 activity; where such activity is conducted only in the principal structure on the 136 lot; where there are no sales to the general public of products or merchandise 137 from the home; and where the activity is specifically designed or conducted to 138 permit no more than one patron, customer, or pupil to be present on the 139 premises at any one time. The following are specifically prohibited as 140 accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist 141 homes, massage or tattoo parlors, radio or television repair shops, auto repair 142 shops, or similar establishments. 143 144 (2) Solar generating equipment is permitted as an accessory structure on roofs or 145 as a ground mounted accessory structure when serving the property upon 146 which such facilities are located unless such property lies within a historic and 147 cultural district. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day Of July , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department City Attorney's Office CA17232 R-3 June 2, 2026 63 ITEM— VI.L.9 PLANNING ITEM#7854 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Section 207 re building-mounted antennas,small wireless facilities and temporary communication towers Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE TO AMEND SECTION 207 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO BUILDING-MOUNTED 4 ANTENNAS, SMALL WIRELESS FACILITIES 5 AND TEMPORARY COMMUNICATION 6 TOWERS 7 8 Section Amended: § 207 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 207 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 207. Building-mounted antennas, small wireless facilities and temporary 20 communication towers. 21 22 .... 23 24 (c) Special provisions for temporary communication towers. Temporary communication 25 towers meeting the requirements of this subsection shall be allowed as principal 26 uses where so provided by the regulations of the district in which they are located: 27 28 (1) Maxie-height shall be ene hundred (100) fee Temporary communication 29 towers shall be permitted during one of the following events: 30 31 (i) Used in conjunction with an event permitted pursuant to City Code section 32 4-1 (special event permits); 33 (ii) Frequency and modulation testing to evaluate system performance and the 34 need for additional wireless facility sites; 35 (iii) Supplementing communications coverage when a previously permitted 36 wireless facility has become involuntarily non-operational through an 37 accident or natural disaster; 38 (iv) A substantial increase in the communications needs of the locality due to 39 an emergency declared by the locality, Commonwealth, or federal 40 government; 41 (v) Any other reason deemed necessary and appropriate by the City Manager 42 or their designee. 43 44 (2) Maximum duration shall bete '^;g r of (i` five (5` days; (�,) w,T e used 45 n with an ent permitted City Cede seccivvn 4 1 /cnecTai ees#��-�,-��e��-� -spa- �',�--�� n-�-�--�-� 46 events pem;'i rs) f�nrh eight (48 hews p Fier to and after SU Gh event; nr /iii\ in 47 Eases of declared—emergeRGies resulting inthe disablement ^f ,existing 48 te1eG0MFnuniGatiGRG fec-ilities, the d'u'ratiGeR ^, of the ernergeRGY*, 180 days. 49 Requests for extensions must be made in writing prior to the expiration of the 50 approval period and may be granted for a period not to exceed two years, 51 including the initial 180 day period; 52 53 (3) Temporary communication towers shall not have a permanent location on the 54 ground, including the pouring of a concrete footing or the laying of a permanent 55 foundation; 56 57 {3) ) Minimum setback from any residential district or use, as measured to the 58 nearest lot line of such district or use, shall be two (2) times the height of the 59 tower or one hundred fifty (150) feet, whichever is greater; 60 61 (4) (5) No grading or removal of vegetation shall be permitted; 62 63 k5) (6) Noise from generators shall not exceed sixty-five A-weighted decibels (65 64 dBA) at a distance of twenty (20) feet from the noise source; 65 66 {6) M No signage or lighting other than as may be required by law shall be allowed; 67 68 (8) Temporary support structures shall be removed at the cost of the owner and 69 the site restored to its previous condition within 48 hours of the end of the 70 approval period. 71 72 q4 9) A certification that the tower is capable of supporting the total anticipated 73 capacity of the tower, including all appurtenances, and a certification that all 74 equipment intended to be affixed to the proposed tower comply with all 75 applicable regulations promulgated by the Federal Communications 76 Commission pertaining to the emission of radio frequency radiation shall be 77 required prior to deployment of the tower. Such certifications shall be under 78 seal from a professional engineer licensed in Virginia; and 79 80 (9) (10) No temporary communication tower shall be allowed east of Pacific Avenue 81 from 4th Street to 42nd Street. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day Of July , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: GYl� lanning Department City Attorney's Office _U CA17232 R-1 May 19, 2026 64 ITEM— VI.L.10 PLANNING ITEM#78548 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Section 203 re minimum parking requirements for residential and mixed uses Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 1 AN ORDINANCE TO AMEND SECTION 203 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO MINIMUM PARKING 4 REQUIREMENTS FOR RESIDENTIAL AND 5 MIXED USES 6 7 Section Amended: § 203 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 203 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 203. Off-street parking requirements. 19 20 (b) General standards. The following requirements shall apply to all off-street parking 21 spaces: 22 23 .... 24 25 (8) In the business, apartment and office districts the number of off-street 26 parking spaces shall not exceed the required number of parking required in 27 section 203(a) by more than fifty percent (50%). Fractions shall be rounded 28 up to the closest whole number. Such maximum parking requirements shall 29 not apply to uses in the business, apartment or office districts whose off- 30 street parking requirements are allocated within a parking structure; 31 32 .... 33 34 (11.1) Parking requirements in designated areas. The minimum parking 35 requirement will be as follows for residential uses within one-half mile of a 36 building or structure for boarding a public transportation facility. Public 37 transportation facility includes passenger transportation on a fixed route by 38 rubber-tired, rail, or other surface conveyance providing shared-ride service 39 to the general public on a regular and continuing basis, including bus rapid 40 transit or other high-capacity transit service as identified by the Virginia 41 Department of Rail and Public Transportation. This does not include school 42 buses, microtransit, charter or sight-seeing services, a vehicular ferry 43 service that serves as a link in the highway network, or a human service 44 agency or other client-restricted transportation. 45 46 (a) Dwellings, multifamily or mixed use residential development: One half 47 (0.5) parking spaces per dwelling unit; 48 49 (b) Dwellings, one-family and two-family dwellings and townhouses: One (1) 50 parking space per dwelling unit. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day Of July , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning D partment City Attorney's Office CA17235 R-1 May 28, 2026 65 ITEM— VI.L.11 PLANNING ITEM#78549 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Article 5 re uses and dimensional requirements in the R-2.5 Residential Zoning District Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent.• None July 7, 2026 1 AN ORDINANCE TO AMEND SECTIONS 501 AND 502 2 OF THE CITY ZONING ORDINANCE PERTAINING 3 USES AND DIMENSIONAL REQUIREMENTS IN THE R- 4 2.5 ZONING DISTRICT 5 6 Sections Amended: §§ 501 and 502 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 Sections 501 and 502 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 501. Use regulations. 18 19 (a) Principal and conditional uses. The following chart lists those uses permitted within 20 the R-40 through R-2.5 Residential Districts. Those uses and structures in the 21 respective residential districts shall be permitted as either principal uses indicated 22 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 23 an "X" shall be prohibited in the respective districts. No uses or structures other 24 than as specified shall be permitted. 25 Residential Districts Uses R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Dwellings, semidetached X X X X X X P P X X Dwellings, single-family P P P P P P I P P 1P XP Family day-care homes C C C C C C C C C C 26 27 Sec. 502. Dimensional requirements. 28 29 The following chart lists the requirements within the R-40 through R-5S 30 Residential Districts for minimum lot area, width, yard spacing and maximum lot 31 coverage for single-family dwellings. 32 33 a For single famil dwellings: Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5 (1) 40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 3,000 Minimum lot area in square feet: (2) 24,000 24,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 3,000 Minimum lot area outside of water, marsh, or wetlands: (3) 125 100 100 100 80 75 50 50 50 30 Minimum lot width in feet: (4) 50 50 50 30 30 30 20 20 20 20 Minimum front yard setback in feet: (4.1) NA NA 30 NA NA NA NA NA NA NA Minimum front yard setback for lots fronting on the east side of Sandfiddler Road in feet: (5) 55 55 55 35 35 35 25 25 25 25 Minimum front yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance in feet: (6) 20 15 15 10 10 5 & 8 8 5 & 5 Except as 10 10 provided in subdivision (6.1), minimum side yard setback except when adjacent to a street in feet: (6.1) 5 5 5 5 5 5 5 5 5 5 Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (7) 30 30 30 30 30 30 18 18 15 15 Minimum side yard setback adjacent to a street in feet: (8) 35 35 35 35 35 35 23 23 20 20 Minimum side yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance in - feet-(9) 20 20 20 20 20 20 20 20 20 20 Minimum rear yard setback except for accessory structures in feet: (10) 20 15 15 10 10 10 10 10 10 10 Except as provided in subdivision (10.1), minimum rear yard setback for accessory structures in feet: (10.1) 5 5 5 5 5 5 5 5 5 5 Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (11) NA NA NA NA NA NA NA 30 NA NA As an exception, the minimum setback in any yard adjacent to the public beach of the Atlantic Ocean for any structures, except in- ground swimming pools, shall be 30 feet in the R-5R District. For purpose of this section, "beach" shall include any bulkheaded area contiguous to, and any unimproved public right- of-way within, the sandy beach: (11.1) 20 20 20 20 20 20 20 20 20 20 Minimum setback on through lots for accessory structures that are physically located to the rear of the principal structure in feet: (12) 25 25 25 30 30 35 40 35 40 40 Maximum lot coverage inpercent: (13) NA NA NA NA NA NA NA 200% NA NA Maximum total of building floor area and area of garages greater than 500 square feet expressed as a percentage of maximum allowable lot coverage: (14) NA NA NA NA NA NA NA 60% NA NA Maximum area of impervious cover, as defined in 103 of the Chesapeake Bay Preservation Area Ordinance expressed as a percentage of the lot size: 34 35 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department Ci y Attorney's Office CA17233 R-2/June 2, 2026 66 ITEM— VI.L.12 PLANNING ITEM#78550 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED BY CONSENT, Ordinance AMEND City Zoning Ordinance (CZO) Section 105 re nonconforming mobile homes Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr.Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent.• None July 7, 2026 1 AN ORDINANCE TO AMEND SECTION 105 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NONCONFORMING 4 MOBILE HOMES 5 6 Section Amended: § 105 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 105 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 105. Nonconformity. 18 19 .... 20 21 (g) Location of uses and structures on lots not meeting minimum requirements. Any 22 conforming principal or accessory use, conditional use or conforming structure 23 housing such use may be enlarged, extended, constructed, located, or moved on 24 any lot created prior to the effective date of this ordinance regardless of the size 25 or dimensions of such lot, provided that other requirements of this ordinance are 26 met. However, in the case of any lot created or rezoned upon petition on behalf 27 of the property owner on or after the above date, only those uses and structures 28 shall be located on the lot for which the lot meets the minimum lot requirements 29 in the applicable zoning district except as provided in section 221 herein. Any lot 30 not meeting the applicable size or dimension requirements due to governmental 31 action taken on or after the effective date of this ordinance shall have the same 32 rights of development as before said governmental action took place. 33 34 (h) Nonconforming Mobile Homes. A land owner or home owner may place a mobile 35 home that meets the current HUD manufactured housing code upon any open lot 36 in a valid nonconforming mobile or manufactured home park regardless of 37 whether a valid nonconforming manufactured home is currently located on such 38 lot. In such mobile or manufactured home park, a single-section home may 39 replace a single-section home and a multi-section home may replace a multi- 40 section home. 41 42 A valid nonconforminq mobile home not located in a mobile or manufacture home 43 park may be replaced with a newer manufactured home, either single- or multi- 44 section, that meets the current HUD manufactured housing code regardless of 45 whether such mobile home has been occupied during the preceding two-year 46 period. Any such replacement home shall retain the valid nonconforming status 47 of the prior home. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day Of July , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department C y Attorneys Office CA17236 R-1 May 26, 2026 67 ITEM— VIM APPOINTMENTS ITEM#78551 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHESAND WATERWAYS ADVISORY COMMISSION DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION INDEPENDENT CITIZEN REVIEW BOARD PARRS AND RECREATION COMMISSION July 7, 2026 68 ITEM— VI.L APPOINTMENTS ITEM#78552 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: KAYLA JONES Student Member One year term 71712026—613012027 and REAPPOINTED: ALISONALLRED Three year term 81112026— 713112029 ACTIVE TRANSPOR TA TION AD VISOR Y Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `:Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 69 ITEM— VLL APPOINTMENTS ITEM#78553 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: BRYAN PETTIT Representing a member of the Virginia Beach Restaurant Association with restaurant outside of the Oceanfront Area Unexpired term thru 813112027 AD VER TISING AD VISOR Y COMMITTEE Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 70 ITEM— VI.L APPOINTMENTS ITEM#78554 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: MARCELLA PERO ELENA VILCHES Student Members One year term 71712026—613012027 BAYFRONT ADVISORY COMMISSION Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 71 ITEM— VI.L APPOINTMENTS ITEM#78555 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: MICHAEL AGRESTI Representing District 5 PATRICK CLARK Representing District 4 STEVEN GIBSON Representing District 6 LANCE LESHER Representing District 8 DANIEL MURPHY Representing District 9 Three year term 81112026— 713112029 BEACHES AND WATER WAYS ADVISOR Y COMMISSION Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent. None July 7, 2026 72 ITEM— VI.L APPOINTMENTS ITEM#78556 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ADDISONAZAR Student Member One year term 71712026—613012027 and REAPPOINTED: DIANNA MCDOWELL Three year term 81112026— 713112029 OPEN SPACE ADVISORY COMMITTEE Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 73 ITEM— VI.L APPOINTMENTS ITEM#7855 7 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: LEA MATANOVIC Student Member One year term 71712026—613012027 TRANSITIONAREAIINTERFACILITYTRAFFICAREA CITIZENS ADVISORY COMMITTEE Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None July 7, 2026 74 ADJOURNMENT ITEM#78558 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 8:49 P.M. Terri H. e ius Chief Deputy City Clerk Amanda Barnes, MW Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia July 7, 2026 75 OPENDL4LOGUE The following registered to speak.- Dennis Jemison—did not respond Noah Meyers, 4520 Medford Court, Phone: 769-9421, requested City Council make policy changes to allow pets in homeless shelters in the City Lucas Wujas, 31122"d Street, Phone: 332-254-9275, did not respond Juanise Albritton, 3804 Bowsprit Circle, Phone: 367-1141, requested City Council's support for proposed petition for Governor Spanberger to grant a pardon for her brother, DeVinche J.Albritton, who is incarcerated at the Virginia Department of Corrections. Tim Worst, 2556 Entrada Drive, Phone: 353-1556, spoke to further express his opposition to the proposed sale of the Virginia Beach National Golf Course Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, spoke concerning the fatal car accident that occurred last weekend on Sandbridge Road and requested City Council prioritize the road improvement project Justin Goodman, 1521 James River Drive, Phone: 804-807-0556, did not respond Susan Matousak, P. O. Box 6052, Phone:252-619-7309, expressed her frustration with the City's Police Department ADJOURNED at 9:07 P.M. July 7, 2026