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HomeMy WebLinkAboutAUGUST 11, 2026 INFORMAL AND FORMAL SESSION MINUTES G+�u'-B�c O� u at NIM0 VIRGINIA BEACH CITY COUNCIL Virginia Beach,Virginia August 11, 2026 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Conference Room, on Tuesday, August 11, 2026 at 3:02 PM 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 2 CITY COUNCIL'S BRIEFING COUNCIL CHAMBER VOTING SOFTWARE UPDATE 3:03 P.M. Mayor Dyer welcomed Tia Harrington, Solutions Manager - Information Technology. Ms. Harrington expressed her appreciation to City Council and distributed a copy of the presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Harrington for the presentation. August 11, 2026 Voting Platform and Device Upgrade City Council Briefing Tia Harrington, IT Solutions Manager August 11, 2026 Digital Voting Platform and Device Update • Transitioning from the current voting device to an iPad. • The voting process and procedures will remain the same. • Only the hardware used to cast votes is changing. z � and Motioning Voting Before opening the vote, the Clerk will select the Mover and the Seconder in • system, following thecurrentprocess. 1.CONSCNT AG[NDA Appmvap .. PA55€U /All€p TAgILP M[MP€q Ayl NAv AI+'.-AII. Ali'..' ' © RPsamafy C.Wilson +., 0 Npbert M"Rphby"Dyer , AarWra M.hlenlay �� ._ �. M7€hart p'.derlucchi �_� •� AmehaN Roae•NammP_ 1`: t`2 fj i"> David Hutcheson + i', '- � ® S..f -Vt CLOS� Voting * Once the voting:o-o MOVED BY SECOND BT ,:..,i5 Motion been • and �s;;rv^_c,ar Vote Seconded, the Clerk willopen vote. • • • • i'i.COUNCIL L1 tingns w ciry couN ABSTAIN ABSENT appear on each iPad. e After selection., the V CITy COUN( voting button REM 1.K1.Resolution to DESIGNATE Reaslcv Drive in honor of the Grammv Award W imm�g changes color • . reflect the selected ACTIVE MOTION Upon motion by and seconded by,City Counnl Approvo0 Voting.0-0 MOVED BT SECON08Y STATUS Green • • • • Abstain • NAY ABSTAIN ABSENT Vote Results After the Clerk closes the vote, the final voting results will be displayed on on Wad ITCM ' 1.TEST AGENDA ITEM ORDINANCE FOR DEMO VOTING ACTIVE MOTION Upon motion by Robert Dyer arb seconded by Rosemary Wilson.Cky Council Approvrd I t oting.l l-0 Councl Members Vofing Aycr Mayor Dvei.Vice Mayor Wilson.CiN Council Member f3erlutthi.City Council Member Curnminos.City Coun<rl Member Henley.Gtv Council Member Hutcbeson.Gt v MOVEU BY SECONU tlY SIn1US Robert M."Bobby"Dycr Rosemary C.Wilson paacd VOTE SUMMARY VOTC TOTAL O Robert M."Bobby'Dyer 0 Rosemary C.Wilson �I I O Michael F.Berlucchi �Stacy Cummings O Barbara M.Henley m David Hutcheson 0 Cal"Cash"/ackson-Green 0 Robert W."Worth"Remick PASSE D O Amelia N.Ross-Hammond 0lonnifer Rouse f'!'oashua F.'loash"Schulman nose ti Vote Results Chamber Display After the Clerk closes the vote, the final voting results will be displayed to the viewing public on the TV screens in the Chamber. LIVE MEETING AGENDA ITEM VOTE SUMMARY TEST Formal City Council Meeting-8/15/26 ��U/.� 1.TEST AGENDA ITEM ORDINANCE FOR DEMO VOTING Q 11 ® Robert M."Bobby"... Q Rosemary C.Wilson Q Michael F.BerLucchi Q Stacy Cummings MOTION • Q Barbara M.Henley Robert M."Bobby"Dyer PASSE D Q Oavid Hutcheson Rosemary C.Wilson Q Cat"Cash"Jackson... Approved Q Robert W."Worth"... Q Amelia N.Ross-Ha... Q Jennifer Rouse Q Joashua F."Joash"... Registered Speakers — Chamber Display • During public comment, the Agenda item will be displayed for the viewing public on the T.V. screens in the Chamber with the current FINE-E-ING speaker's name and their position on the item. TEST Formal AGENDA REM CURRENT SPEAKER K. ORDINANCES/RESOWTIONS Jamie Weaver Chamber Display Timer • A new timer will also be publicly displayed, as shown in the image. 0 0 0 • This timer is provided for viewing purposes only and will not be used. • The official timer for registered speakers will continue to be the timer located at the lectern, °T'°" just as it has been in the past. Waiting for active Motion Refreshing the Wad If your d loses connection to the • • meeting Prime9ov changes are made to the Agenda as rem TEST City Council Formal Meeting 1W-B/8R6 �� • • an •m the Consent Agenda), you will need to refresh your Wad to ensure you D'CIT'COUNCIL'S BRIfF3MG-CITYCOUXCILCOXFE0.fXCE0.00M- '�CITY MANAGER'S BRIEFING 4:00 P.N. ''COUMCII LIASON REPORTS 4:I5 O.M. are viewing the most current meeting ��'CITY COUNCIL D[SCUBSIOX/INITIATIVES/COMMENTS 4:J0 P.M. information. '✓CITY COUNCIL AGENDA REVIEW 4:45 P.M. `i�INf00.MAL SESSION-CITY COUNCIL CONi[0.lMC!ROOM- To PFimegw Mer.Dng Viewer ,,,,,,,- 0 Refresh •1. Select TEST City CDuncil Formal Meebnq 1W-8/NRFi D your name in the upper-right • : corner of the screen. CITY COUNCIL'S BRIEFING-C(TY COUNCIL CONFE0.EHCE ROOM- CITY MANAGER'S BRIEFING 4:OD P.M. 2. Select Meeting List. 3. COUNCIL LtASON REPORTS 4:15 D.M. CITY COUNCIL DISCUSSION/IN3TIATIVES/COMMENTS 4:30 P.M. •CITY COUXCSL AGENDA REVIEW 4:45 P.M. `�'-INFORMAL SESSION-CSTY COUNCIL CONFERENCE Select • play button in the upper-right corner of the screen. ., Hands on Wad Demonstration • An IT staff member will now provide an opportunity for members to hold and explore the iPad, become familiar with its look and feel, and learn how to refresh the device. 9 3 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS 3:15 P.M. Mayor Dyer welcomed Kaitlen Alcock, Planning Administrator. Ms. Alcock expressed her appreciation to City Council and distributed a copy of the presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Alcock for the presentation. August 11, 2026 a ° C t�. MIN- PLANNING ITEMS August 11th & 18th CITY COUNCIL MEETINGS August 11, 2026 CITY OF VIRGINI _.�, BEACH SUMMARY — August 11th 13 Planning Items Scheduled for City Council's Consideration ITEMS 1 & 2: BH Farmhouse, LLC • Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) • Conditional Rezoning (Conditional B-2 Community Business District to Conditional B-4 Mixed Use District) • Recommended for Approval by Planning Commission & Staff ITEM 3: Ronald Kiser • Change in Nonconformity • Recommended for Approval by Planning Commission & Staff ITEM 4: Pungo Square Real Estate, LLC & Allan W Brock Jr • Conditional Rezoning (B-1 Neighborhood Business District & AG-2 Agricultural District to Conditional B-2 Community Business District) • Recommended for Approval by Planning Commission & Staff 2 SUMMARY — August 11th ITEM 5: Atkinson Holdings, LLC • Conditional Rezoning (1-1 Light Industrial District to Conditional RT-3 Resort Tourist District) • Recommended for Approval by Planning Commission & Staff ITEM 6: YMCA of South Hampton Roads • Conditional Use Permit (Child Daycare) • Recommended for Approval by Planning Commission & Staff ITEM 7: Coastal Training LLC • Conditional Use Permit (Indoor Recreational Facility) • Recommended for Approval by Planning Commission & Staff ITEM 8: Steve Merrill Warner & Shari Elaine Warner • Conditional Use Permit (Home-based Wildlife Rehabilitation) • Recommended for Approval by Planning Commission & Staff 13 Planning Items Scheduled for City Council's Consideration 3 SUMMARY — August 11th ITEM 9: City of Virginia Beach • Maior Entertainment Venue Sign • Recommended for Approval by Planning Commission & Staff ITEM 10: Atlantic Rental Homes • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEM 11: Sarah Watkinson • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEM 12: City of Virginia Beach • Ordinance • Recommended for Approval by Planning Commission & Staff ITEM 13: City of Virginia Beach • Ordinance • Recommended for Approval by Planning Commission & Staff US 13 Planning Items Scheduled for City Council's Consideration 4 Council:City • Location: 1805 Kempsville Road Planning Commission1 S LINC ++�i 20 �'I' WINGA7E Off- cH� /`n KEYS SUBDIVISION (Section • of •• • Regulations) CONDITIONAL REZONING (Conditional C-2 Community Business District to Conditional C -• Use Recommends • • • Planning Commission • • • 11 to 0 to recommend Approval • a 44, ul a Ali`�_ ''' m t� r" • • • • : - • 1 • . o_� �, � � ��,'�, °ems'` • - - • • ITEMS 1 & 2 - BH FARMHOUSE, LLC . n. Proposed redevelopment includes: INTwo, 4-story multi-family residential buildings, containing a total of 251 units Six detached garage structures Q Preservation of the 2,610 square foot farmhouse for commercial use and 1111DING ENTRANCE amenity space EEI • Proposed density of 29.42 units per acre Ul MOW 111151111111M Community courtyard and amenity area r• p oposed, as well as an outdoor amenity space with potential dog park . . • Proffer added allocating 7% of the units ATTAIN AT FARMHOUSE (18 units) for households earning at or CONCEPTUAL SITE PLAN-March 30,2026 TIMMONS CROUP below 100% of the Area Median Income BH FARMHOUSE, LLC 1 7 Vjj ITEMS 1 & 2 - BH FARMHOUSE, LLC 1417"" 71,r Subdivision Variance Request: • Lot Width and Street Line Frontage along Luck Lane F j 7- 9j, 200-foot lot width required; 50.26 feet proposed • 160 feet of street line frontage required; 50.26 feet proposed ® Deviation Request: • Zoning Ordinance considers the front yard to be the narrowest part of the yard by which legal access to an abutting street is available • • Luck Lane considered the legal lot frontage Setback along Luck Lane ATTAIN AT FARMHOUSE • 35-foot setback required; 15-foot proposed BH FARMHOUSE, LLC 1 8 DEVELOPMENT GILCULATIONS �.`ro,�+ ra. � °'� '" �� ITEMS 1 2 BH FARMHOUSE., LLC w GOnv v vaae rvG Ga awFo x Pedestrian e , e , • • landscape A6_sa improvements: ry.` -: � T� I_� i �'- amervn ecommencu use•rvw 15-f • • • buffer Category i ewiwrve emrxarvce 1� _ w eswe r.xo seraa« �ca�ruro�� eu,o rvc ervraarvce landscape screening• along • northern AEA � • western property .,rpeee Building foundation and interior parking �oow=ew<wme.<iwe �— Lo<arary Ir w morvumemr swrv.nr I morvumervTsery no • landscaping e Homes ,b 11-foot-wide multi-use trail along ,r mmr use earn W d s errt J / E�erosK � euno a emrxnrvcc `rxo noroseo eow - e .ccEss rorvi / K E M S P V I L L E R O A eoseo i.,rve u�' Kempsville • • • • ATTAIN AT FARMHOUSE CONCEPTUAL SITE PLAN-March 30,202G T,MmoNe G•OUt • ITEMS 1 & 2 - BH FARMHOUSE, LLC • Parking: • Y L A N . . • Parking Study for reduction of parking spaces CAI approved by the Zoning Administrator � , lr1iYY 463 spaces required; 388 provided • 12 bicycle spaces required and provided BUILDING ENTRANCE BUrcr-ENTRANCE • Traffic Impact Study was provided and 8.2 BIG reviewed by Staff LOCATION _... . __ .. . Construction of two outbound lanes at the full- access point proposed on Kempsville Road MONUMENT SGRN, v, Proposed right-turn lanes at both site access 11 MULTI USE PWATH _ locations 44, S C BUILDING ENTRANCE —E. • • Proffers updated post Planning Commission RROPOSED TURN LANE 11 hearing to offer $100,000 payment toward future pedestrian crossing signal to be installed ATTAIN AT FARMHOUSE CONCEPTUAL SITE PLAN-March 30,2026 TIMMONS GROUP by City BH FARMHOUSE, LLC 1 10 Ufa ITEMS 1 & 2 - BH FARMHOUSE, LLC Maximum building height of 55 feet, 6 inches proposed ;., Materials will consist of cementitious panels and lap siding, brick veneer, vinyl windows, standing-seam metal roofing, and architectural shingles, all with a neutral color palette . 2 freestanding monument signs are proposed along Kempsville Road ` ` ' " BH FARMHOUSE, LLC 11 ITEMS 1 & 2 - BH FARMHOUSE, LLC low Support: o • 0 7 letters received • •' ' • 0 3 speakers at the Planning Commission hearing • Noted the aesthetic and economic benefits as • well as the reputation of the developer • Opposition: : & 5 letters received •� 0 6 speakers at the Planning Commission hearing • Concerns related to impacts to traffic, schools, impacts to the surrounding neighborhoods, stormwater impacts, privacy, and impacts to the environment • 1 speaker with concerns at the Planning Opposition (5� Support(7) Commission hearing BH FARMHOUSE, LLC 1 12 VB ITEM 3 - RONALD KISER City Council: District 6 (Remick) Location: 1330 Credle Road Planning Commission Hearing Date — July 8, 2026 r CHANGE IN NONCONFORMITY Staff Recommends Approval Planning Commission voted 11 to 0 to recommend _Approval 13 ITEM 3 - RONALD KISER • Site contains an existing legally nonconforming duplex dwelling -� Request for a Change in q g Nonconformity to build a detached garage/storage shed on a property Y zoned 1-1 Light Industrial • Duplex dwellings are not a permitted use in the 1-1 district, the detached garage/storage shed will be accessory to the existing 1 -- nonconforming residential use RONALD KISER 1 14 ITEM 3 RONALD KISER b rK.m.n.o.s a.a,r..r.,.ns ,:, GARAGEISHED ELEVATIONS Proposed i garage_ be I 50 sae,,, LAYOUT PLAN � � • ( ... <,a.>a,`iaumaeo¢�eowt YEiAL Smrtrc square • maximum I 9 t I DOOR Constructed using metal siding d and roofing p',«24"'°' � SOUTHELEVATN)N Garage will be over 120 feet I s �; Jn � ��K yI IFRGHfI 18 � [sw A Jr� I METAL ROOF f�',_ 'iro' J I METAL SIDING from the nearest . • Considered • compatible CREOLE uw.M ROAD N e.p ►� °� within the >75 clB noise zone *r�r QW�.P�lYY 100r9pM) �35: �a/r.u+ s •er<va vrurt'oarMrYE as .�-r...rcw RDLLUP IX15T1NG CONDITIONS, YOPOGRAPNIC pppq °,wn ZONING:I-7 storage • • warehousing" Ie . = ,.,.. qq OI•` PHYSICAL SURVEY ,OIN.2at6-2a-7LMt ,, No known opposition r- w-. - secroGN No.2 EX7EMED 1."", " - (• � NDRm�1 pR000 awlL NORTH ELEVATION ��� Ron s Toron,cser �,�.,a. 04l30/2026 R. A , `�'.,... ITEM 4 - PUNGO SQUARE REAL ESTATE, LLC & ALLAN W BROCK JR City Council: District 2 (Henley) Location: 1776 Princess Anne Road Planning Commission Hearing Date — July 8, 2026 132132 IWO v � ,. s CONDITIONAL REZONING (B-1 Neighborhood Business District & AG-2 Agricultural District to Conditional B-2 Community Business District) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 16 ITEM 4 - PUNGO SQUARE REAL ESTATE, LLC & ALLAN W BROCK JR • Request for a Conditional Rezoning � q g - ---- "�� AS from B-1 Neighborhood Business District and AG-2 Agricultural District to Conditional B-2 Community Business District to allow for retail business within the existing shopping center t_ Site contains the Pungo Square --�- _ - ` Shopping Center Uses in the shopping center include restaurant, gift shop, hair salon, ! office and veterinary clinic PUNGO SQUARE REAL ESTATE, LLC &ALLAN W BROCK JR 1 17 ITEM 4 - PUNGO SQUARE REAL ESTATE, LLC & ALLAN W BROCK JR • No physical changes proposed • Proffer proposed to prohibit more intensive commercial and industrial uses, such as automobile repair garages, car washes, and eating and drinking establishments with a drive- thru R Applicant has proposed a modification to the proffers to proffer out adult bookstores '777777 No known opposition PUNGO SQUARE REAL ESTATE, LLC& ALLAN W BROCK JR 18 ITEM 5 - ATKINSON HOLDINGS, City Council: District 5 (Wilson) • • 608, 610, 612., 614, • • Norfolk Avenue & • 637, 641 loth Street Planning Commissioni • D �P r _. v ,ttH Si mR L m 12tNsi N LAKE OR ;� NORFOLK AVE SEA v KS OT �m ALLEY OA 9CECT SANDY SEQUOIA WAY � PINEWOOD DR Ci m O NORFOLK A RT3 m � SpENCE0.�i 1 i � .' v N m gtH Si 1 N 11 I.1 P NE PC0.E C10.o Tj m 9TN ST m x Ci p`n`m m St � ➢m R5S 10tH gt 'NDIAN CIR m gtH °PVE 9 Z Mp0.YLPN L m vL 'NARVLAND AVE m VE v � _ °E`PWp0.EP � ' Rl'3 ' _ V1FC'INIP PVE _.. ym CPROLINP AVE.. R5S CONDITIONAL REZONING (1-1 Light Industrial District to Conditional RT-3 Resort Tourist District) Staff Recommends Approval ITEM 5 - ATKINSON HOLDINGS, LLC - - Conditional Rezoning from 1-1 Light Industrial District to Conditional RT-3 Resort Tourist District to permit retail • • uses • Site is located within the Resort Area Strategic Growth Area The building has historically - # accommodated retail, restaurant, • and other commercial uses, which are not permitted under the current 1-1 zoning No exterior changes proposed ATKINSON HOLDINGS, LLCM 20 ITEM 5 - ATKINSON HOLDINGS, LLC t � Parking Study for reduction of parking spaces approved by the Zoning `` ::. .. Administrator: -V ' t 153 spaces required; 46 provided • 13 spaces provided on-site and 33 spaces provided at an off-site parking lot across 101n Street A significant number of patrons are expected to arrive on foot, by public transportation, or m --- by bicycle No known opposition ATKINSON HOLDINGS, LLCM 21 ITEM 6 - YMCA OF • UTH HAMPTON ROADS City Council: District I (Hutcheson) Location: 804 Gammon Road Planning Commission1 0 o Z O A � � h PDRTR ^ FALCON � a _..pr� ��O HQI�•.F���C � �R10 ai� cr n. " aS E SAUND � a �"\�' ,R1 O Z► `/ _ a 6 z k R D r A 4 CK0a0OK AROSIEY SO fNCE RD/-� O PROVIDENCE RD �/ � � � �1� CONDITIONAL USE PERMIT (Child D . Staff Recommends Approval Planning Commission • - • 10 to 0 with I Abstentionto recommend Approval • • • • A 6'r. t hi :. ,yam` _ • • • I • • • I • • r 2 M �'GAN 'CRL ' • • • • - • • - / • - • ., -: • • sim ITEM 6 - YMCA OF SOUTH HAMPTON ROADS A 4-foot-tall white aluminum commercial- i grade fence will be installed to enclose the proposed outdoor play area A • Required parking met on site f Hours of Operation: • 6:00 a.m. to 6:00 p.m., Monday - Friday Drop Off: 6:00 a.m. to 9:00 a.m. • ... Pick Up: 3:30 p.m. to 6:00 p.m. • No known opposition YMCA OF SOUTH HAMPTON ROADS 24 COASTAL TRAINING Council:City . - Location: 19 First ColonialRoad, Suites 107, 1 : 109, 110, Planning Commission1 CONDITIONAL USE PERMIT (Indoor Recreational Facility) Staff ��C �`�� o�Ks MICHIGAN.�3 C DR TVYIN.. Oceap thietdc -A m m - ROENDR � ����1hleMc—ALL , -�MICHIGAN AVE 3 -� R7•5 R7.5 � B2 A C• 'A - - OHIO AVE 2 NEW YORK NEWI� -- - _ �uFW YJRK O.AVE YORK AVE �O�j9iy S STREAMLINE DR R AVE CF, B2 \/_ ,9 �, ,_ SOUTHERN BLVD - � SOUTHERN �¢ B<�O SUUTHERN Q Recommends Approval Planning Commission • - • 11 to 0 to recommend Approval ITEM 7 - COASTAL TRAINING LLC The business, Coastal All-Stars Cheer . ' r & Tumble, has been operating on the i site since 2022 ,, -� • Zoning Ordinance permits Indoor • Recreational Facilities up to 7,500 -M � l square feet as a by-right use in the B- ` � 2 Community Business District } • Facilities over 7,500 square feet ' require a Conditional Use Permit - p The applicant is proposing to expand • •" ` the facility to 10,000 square feet; therefore, a Conditional Use Permit r is required ° O 1 COASTALTRAINING LLCI 26 ITEM 7 — COASTAL TRAINING LLC .. :—..-.. ,+: r. ti d w a • No exterior changes to the site proposed • Adequate parking is provided on site • Site is located within the >75 dB noise zone and the APZ-1; proposed use is considered compatible • No known opposition COASTALTRAINING LLCM 27 Council:City ' • • ' • . • Planning Commission1 2° CONDITIONAL USE PERMIT (Home-Based Wildlife Rehabilitation Facility) Staff 34° `ppKO LAKE JPYCE C' m t � 1 R.10(SD)� cyesrRp ��uy��°R 2�° =°P q�F PgRT I �/O C Recommends Approval PlanningCommission • • 11 to 0 torecommend Approval i •B ITEM 8 - STEVE MERRILL WARNER & SHARI ELAINE WARNER Request to operate a Home-Based Wildlife Rehabilitation Facility within an existing single-family dwelling A •� Care to be provided to squirrels, Ls'F � Fiji `, 4 ;• �' rabbits, and opossums Applicant will obtain a Category ° ' w° !�'•. ~^� f r ' Wildlife Rehabilitator License under sponsorship from a Licensed w Category II Wildlife Rehabilitator STEVE MERRILL WARNER &SHARI ELAINE WARNER 29 '` ITEM 8 - STEVE MERRILL WARNER & SHARI ELAINE WARNER No more than 8 animals will be on site 71` g at a time and will either be kept indoors or within an outdoor Proposed acclimation enclosure " No modifications to the single-family dwelling are proposed C. Animals will not be released on or near the property w E<, 1 letter of opposition and 1 letter of Proposed• , ,� concern were received, noting a concerns with the applicant feeding ducks and squirrels in the neighborhood Ar STEVE MERRILL WARNER&SHARI ELAINE WARNER 30 c Q N PRESS.AVE = d- N VE pVE J d' eN—OLU • CL Q d +� Q LprEE RD Q� • • Q W= CL LLI • .i..� .-ice. ...r F.`.. :�K Q':1Wi�:'. ✓ Lu • � P P\-l�C PVE _ r �U � o o r z a • , • � ���IEY iP � a B DllEaa PNE Ph AVE N�r Q2W O x c Za • NQNaZrNio K,Q �(��, oQ, � � � • r " N � '' �� rN"� SHO �TFypCE� Y r. uj NZN CYPRESS PVE Z O� Yin {iKS PVEsFet,--z UF.PRC�SO�oi LO 1 PP ¢ 2 6 PPRKS A x SS a u f. � `�V C2f NVIONI V Q • . ' O � �H1�9 '�FEa50N PVE s2� _3 Oyu • •. • ., v N NO1L382/b8 Pt'.. 05�0 O ry 33gH31 m ._J.i13d00211 2 o O a'n '^111 bSlb 2 PAVILION a 10 ; OySdb'rf V m OO w Goa DR BIRCH V-M31A u yS ' ' z ¢ r x�+ O IPKE RD 32JOHS O • 3N�ly LO Sc'7© > �b SS/NOb 1P,� LL PINE ¢11y/IOd e Al/yOM Oil ND3Npb/ �m T �.� • SONG IN 20 "' 31NI " 1J 8y G4'y 10 'yQ-tyP,� • 21O Z l031NIOd 2 3llIA2J3WWD5 a r0 1N3y 2 S ti y • 02JI8ONIN JOW a._--- b3S O Y to -' O. �b p W Z �-,3111/1 21 3 1NIM �_ 2 h0 021 Od 53if03Ntl1 Om...QW 03 -..- OS o O y� oN021185 OLL_ DNRldS--- U"� OS ,.J•,••:� m Nl Si13771N'`-�I 'm - =t O a> z o a 2 ti _tea � • > 0 i ,a W MQ IM�US a�pLp yll?G�N 'St ,� 1tS� wm„�mom m VE. c Arno � _ - . vim: � - - • - . • • • • - • gRVE Y A„ ti�L_ r� q EtliilrrsR='W �. RG1N�Pzi '� <,.Nw6 v ' � • . • " • . . • - • - m� V� � ,v�1 - - - ir ir lz h, CF1, 4� v qaF R'11/ER POSTS�A ¢ .,;'" `�� ,SZ, Tml - • • • • . • • - rrfi �I�Y'4�2� C�,Tr v�-RDA-' �'� ,��5, � w4M>�'�'��ti�tSAN��{�: • • - - dc_.r ITEM 9 - CITY OF VIRGINIA BEACH Request includes • 1 monument sign at the corner of Birdneck Road and 19t" Street (shown in red) IffQUA -'�I '' ;r, 3 pylon signs at the main vehicular du•=t ��tai entrances to the parking area (shown in blue) L 1 decorative landscape sign near the main Rom ° ' building entrance (shown in green) a CUM 2 interchangeable banner signs near the main building entrance (shown in yellow) a� • Interchangeable streetlight/utility pole banner signs throughout the site CITY OF VIRGINIA BEACH 1 33 ITEM 9 - CITY OF VIRGINIA BEACH Design and materials are SPORTS CENTER! consistent with the Sports Center building ..: structure • Consistent color scheme, font, and decorative logos o G i Banner sign designs will change depending on ? m = g SPORTS > event marketing needs CENTER Q 0 CITY OF VIRGINIA BEACH 1 34 V6 ITEM 1HOMES City Council: District 5 (Wilson) Location: 913 Pacific Avenue, Unit ' Planning Commission : 2026 LAKE 1 tttN HALF; LAKE DR Y ,Q PINEW000 DR i ! � y �` m NORFOLK AVE _ � �St�( m /ice x MARVIPN°�- �Si \ ,1 NORFp�K AVE 9SN$? m MARVLAND pVE ER/,E" .__.._ AVE CRES E HOLf.Y ,_AE�-p 1` !\-'11 reeQ5ta9e \ VdARE AVE LA <p V1R01NIA AVE v O' �., m v CAR NA VE GHP� v ,ST�� ,, m - DL A m OtM V, NIG AVE IY�✓1 CONDITIONAL USE ' ERMIT (Short Term Rental) Staff Recommends • • • Planning Commission • • 11 to 0 to recommend Approval ITEM 1 ATLANTIC RENTAL HOMES 1 9U A Request • 1 Conditional Parking spacePermit to operate • - • • • .���' for 913 Pacific Short TermRental 34 9 N,A w •� - ; �> previously approved Conditional U - Permits for B911A NtH 9�•R 9}�9,JfY4 F a Y p, Short Term Rentals . - .. ; .:"!9J%905 A • .pgyC 909 D� � ..rr" �` � �'�°' r'� Pacific Place Condominiums ak parking space required and provided on - ATLANTIC . 368 ITEM 1 ATLANTIC RENTAL HOMES No prior zoning complaints or violations The site is not currently advertised; o 9 KoaFo��eve eTM st � m ., - _-- no priordocumented stays No known opposition 1 L.. ATLANTIC RENTAL 11 '� Short Term Rentals • snt?ertnl�(so) HOMES 1 R A 1 • Council:City . - Location: 14 28th Street, Unit 209 Planning Commission • 2026 1 n M t .\S1 7p.....`= yop ".51HSt v �'��, �•P,� \ `� 5 Al2(OB)\ 26tMMpLf"S:( CONDITIONAL USE PERMIT (Short Term Re Staff Recommends Approval Planning Commission • - • 11 to 0 to recommend Approval ITEM 11 - SARAH WATKINSON - ` Request for a Conditional Use Permit to operate a 2-bedroom Short Term Rental • 14 previously approved Conditional Use Permits for a Short Term Rental within the Playa Rana Condominiums 1 parking space required and s provided on site SARAH WATKINSON 1 39 `.. ITEM 11 SARAH WATKINSON No prior zoning complaints or violations The site is not currently advertised; no prior documented stays One letter of opposition received citing concerns with the amount of short term rentals in the area and potential impacts to parking SARAH WATKINSONJ 40 ITEM 12 - CITY OF VIRGINIA BEACH Planning Commission Hearing Date — July 8, 2026 AN ORDINANCE TO AMEND SECTION 2303 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTAL PARKING {: REQUIREMENTS wtt Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval CITY OF VIRGINIA BEACH 41 VB ITEM 13 - CITY OF VIRGINIA BEACH Planning Commission Hearing Date — July 8, 2026 AN ORDINANCE TO AMEND SECTION 237 OF THE CITY ZONING ORDINANCE PERTAINING TO MINI-WAREHOUSES F Staff Recommends _Approval Planning Commission voted 8 to 3 to recommend Approval CITY OF VIRGINIA BEACH 42 SUMMARY — August 18th 8 Planning Items Scheduled for City Council's Consideration ITEM 1: Allison H. Sitar & Anthony J. Sitar • Street Closure • Recommended for Approval by Planning Commission & Staff ITEMS 2 & 3: 3311 Street L.L.C. • Street Closure • Modification of Conditions • Recommended for Approval by Planning Commission & Staff ITEM 4: 232 Jersey Ave., LLC • Conditional Use Permit (Bulk Storage Yard) • Recommended for Approval by Planning Commission & Staff ITEM 5: CityView Two, L.L.C. • Conditional Use Permit (Mini-warehouse) • Recommended for Approval by Planning Commission & Staff 43 VLi SUMMARY — August 18th ITEM 6: 1036 FP Road LLC • Conditional Use Permit (Mini-warehouse) • Recommended for Approval by Planning Commission & Staff ITEM 7: 1036 FP Road LLC • Conditional Use Permit (Bulk Storage Yard) • Recommended for Approval by Planning Commission & Staff ITEM 8: City of Virginia Beach • Ordinance • Recommended for Approval by Planning Commission & Staff 8 Planning Items Scheduled for City Council's Consideration 44 Council:ITEM 1 - ALLISON H . SITAR & ANTHONY J , SITAR City Adjacent • • Bay • • Planning Commission Hearing D, : 2026 STREET CLOSURE Staff I Si aHpHDG HpLFS � v�A eu � � _ R7.5 n A pLLEV y jytP�Wff sg(N st ALLEY Z F ''S7AL LA RE SPY COLONY DR Y m ym St � �\ u��4� n6YH SS HALF SS rd;e3F 5T y - �[.. 6�R0 HPLF 5t e1RD 5S m Recommends Approval Planning Commission • - • 11 to 0 to recommend Approval NOTES: I THIS E%NIBR IS INTENDED TO SHOW THE ABFA OG PROPOSED RICHT-OF-WAY CIDSURE MID INDEPENDEM OF THE ASSOCNIED RECORD DOCUNENT(S)IS NOT INTENDED FOR ANY OMER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERLY. N/F I N/F I N/F IMTTHEW WHRE h I JKK L SIEGEL A I JOIIN R SAWNO JR VAIEAIE WMffE L5A A BERIBN A SANORA S SAVWO (I.N.TOTJOD01 J507) (IN.2WJOS2900061T1l0) l0J 147 lm 7491 IA 14N (N.B.6,PG.107) (LN.T01611100010T1B10) (LN.20161170001021810) (LN.TOIT1f0700129lJBO) GPIN:2418-B7-OBl3 GPM:TlIB-87-IBIS GNN:211E-87-IB84 16' LANE ITEM 1 ALLISON H . SITAR ANTHONY J . SITAR aS Ii.. AREA OF N/F Request to close • • • portion of an q I *��' PROPoSEO LANE plyA A�µp� unn �(�` I ..0,1�'. CLOSURE BREI81 E PNENT �j ci I (J75 SO. FT. OR IDT 125 _ lane, 1 • • • • • • • 1 • I �1 h�� ;� (GPIN:OTl,B-87 17806) 3 =: NiG • • • e portion of unimproved Holly Al1SfB1 H.SRAR h W ti I � �.�.?t ANIHONY 1 SRAA Road NEL155A NCI�NORY (I.N.2aTBD.w�at9D) )2 ,� Ot< " RIC ARNERa lOt In-At 7_; '.,' PRq�OSED Idc. 2904 CPIN:2418-87-0770 .,y'�_/' SET CLOSURE � Q, VlRIABLE WIDTH I ..( .. (J,JJY.3 SO. FT. 9 O total closure • • is approximately • • Pu0I1C urn,IlY AND I ..� �)� OV7 0.076 ACRESJ � SURN� ACCESS FASENENf )-`/. (M.Tozso7000ll7> I ( so' square feet • • proposed to • ' incorporated S 7rY3:J0"W �s'(OAJ 450"TO MYRTLE AVENUE�� BAY COL ONY OR/VEinto252 Bay Colony Drive (70"R/WJ (FORMERLY AVENUE C) 9CAf.E:1'=90' .9'TR�T L7DSURE E� SHEET 1 OF 2 JUNE 28,202E A 26'% 132.5P PDLCT[DN OF HOLLY ROAD AND A 7.6'7I 50' POR170N OF AN IINNA1® 16' LANE ADJACENT TO]I I2E THE HOLL ffi VIItI:HiL H61CH,VHi0WI6 .cix�n ee. ' �!Of VIRODJIA 0:1CH,VA PUT:II—B511 JN:22B—BOBI A • SITAR • ANTHONY SITAR 46 ..4. NOTES: ITEM 1 ALLISON H . SITAR ANTHONY J , SITAR t. THIS E%M&i 5 ROENDED TO SNOW 7HE AREA Oi PROPOSED RICHE-OF-WAT CLOSURE M10 INOEPENDEM OF THE ASSOCIATED RECORD DOCUMENT(8)IS N0T INTENOm i0R ANY OTHER THAN GENERAL REFERENCE. Existing public � • • •� . . 2. A TOLE REPORT Hl5 NOT BEEN PROVIDED FOR THIS PROPERTY. main within MATIHLY/WM1E§ I JACK L SIEGEL k I JOHN R SAWNO JR VAIERIE WHOE LISA A RERTINI h SANDM S SAVWO e - alley (I.N.202303013507) (I.N.100305T9000832740) IDT 1R • • • IDf 14M TOT 1161 (M.B.8,P0.107) (I.N.2016111000102T810) (LN.2016f 110001021610) (I.a 20127107007294360) 4PBk 2418-67-0843 GP►k 2416-67-16/5 GRN:2416-B7-18B4 7SGG ,� :nyp' (tM/RolEn)�s 4 A'G 707) Condition recommended • r the dedication YY I I N 33 t 3yh I Qo aonxa�.r=� j., wuAN�mNo. of • public • • access easement • . . over ti \ I 0 Farm mro I 91pp4 E pyENF N 10'SE7THpf I (D.B.Jf23,PG.f389j portion of closure • •ver • 9 � ��. LOT 12e1 �C GPIN:T418-87-2706 ti A1nHo"r J sYn c portion of applicant's property (I.N.102803026424) d^ ENMET 5.GATHRIGHT A J 2 F GPIN:T4I8-87-1755 h Llc. 2M04 Y MEL65A MCI(ENDRf a,rgW N d5/16/1016 (D.a�3eze PG�857) st7e�7r [we�� 9yD SURVo No encroachment of private property GPIN:2418-87-0770 1 5" VMWBIE WKI7H I )S.S'vcH�C UZII' SE/BgCK PUBLIC UTKItt AND I �K���1fD �i • • • � made • e easement • eeACCESS EASEMENT aa�auw without (W.202507000147) I �• city S 7l75;70"W 75'(OA) 15O TO L.... MYRRE AVENUE�- approval BAY COLONY OR/VE (70'R/W) (FORMERLY AVENUE C) 9CALH: t"=:10' L7AJ$ETRE EAgEY�T SKEET 2 OF speaker opposition at Planning or mAe ze.zoze A 25'X 132.5' POIRTION OF HOLLY ROAD Commission hearing, concerns about A 7.5'X 50" PORTION OF AN UNN11® 13' LANE potential impacts to wildlife AD]ACE.NT TO IAT 120 VIItGIIdLf H61CH, VQtCINLf GD/ehC BILH/uee CITY OP VDtURlIA BRACH,vs PUT:11-0!11 JN:220-Oapl 1 . 1 • ANTHONY 1 • Council:City . • • Portion of • Yz Street, west of Planning Commission1 ..,moo � PEE'�..._.. y H►yF � ',, STREET CLOSURE Staff T Recommends Approval Planning Commission • • 11 to 0 to recommend Approval ITEM 2 — 33,dSTREET L. L.C. Request to close variable-width portion of 33rd %2 Street � 2025 approval allowed for the .o '' � t closure of the air rights above this , � its 0 :— portion of 33 %2 Street; never finalized Closure area to be incorporated into surrounding properties to be developed with the Beach Tower project 331d STREET L.L.C. 49 fVlF PROPERTf£S,LL.C. �i w, SfiENt3F�,yy-__,F b.R 4E49,P. f 580 � LOT 6,ALOCK 1p7 �� GP1N 2a 1892881EOppp p�� ITEM 2 33,dSTREET L. L.C. 0 N/F L 7 N!F Public . • private existing in 33rd STREET,L.L.C. �''TS LYND MAYFLOWER OV�NER LLC INST2pldpaplppp2T982p r fNST20>91127pp1p1384p • Street Y2 to be LOTS4 5,$iOCK 1pT PARCEL 7l' rel GPrN 2d}e92trae2eltx�p S • • by applicant F� q� GP1N 24 1 897894 800pp ' ry WQ [f} � N� � L3 Rr'f'ROXlMATE LOCATrOM � � 33rdsrR�Er,t.t.c. }- Conditions for the d � 1NST Zp i4pdd 1ppQ27982p � OF UNSPECIFlEO Wfbfiri � � � LOT 3;BLOCK!Ol �^,� �V1RGrNrA POWER � � M.B.a,P.2EE,ti}.B.5,P. 15 f g �f ERSEMENT fZi'W 282T8 � a dedication • . strip of . • . GPIN 2478929868pR?0 aN(FJ O.B 7188 P 497 o 33rd STREE7;L.L.C. :: �.�_33r�STREE�L..L.0 _ fNST2p24p3p415p2 fNST20J4p4U10pD227983p right-of-way to provide LOT2,BLOCK fp7 is LOTS f f-J3.BLOCK 107 GPJN 742768&2Mp-8B3.55U,QPA. pp fromd -e +` 33rrJSTREET,L.L.C. PORTfONOF33RD��STREET 3311 STREET L.L.C. rNST2p14p4p1DOp27983p (M-$-4,P 26EJ(MB.$.P. 151) LOT 1,$LOCK 1p7 - T08FCLOSED M.B.4.P.266,M.A.5,P. 151 AF7EA=3,&Ba SGl.FT.OR 0.084 RCRE �Y GP1N2428p2f)963pppp � NAlL(FJ fJN(FJ . Sf3"d8'38"E 14(1.pQ' 4-Ld S73 48'38 E 740.pp' '-N:3a82834.JO PAC/F/C.4VENUE N'3as3125.a3 �� E: 1222pp88.%9 1pp'R1Gr/I=Of-WAY E:J222OD1717 • ITEM 2 33,dSTREET L. L.C. N/FSupport ALTALAYLA SEE��A'r PROPERTICS,L.C. �c„ � D.8 4G49.P. J58D � LOT G,BLOCK JOT c`j o speakers . . • • GP1N 24 7 89288 1 6DOA0 Q cn • • ' • • T A NAlL(F) g A N/F L 7 NfF Opposition 33rd S1f7EET,L.L.C. VTS L 1 ND MA1YF"iDWtR 2 letters 1NST 2D74D4D7D00279820 OVTNER LLC LOTS4,5,BLOCKIDT --- lNST20Y91Y27DD1013840 M,B.4,P 266,MB.5,R f5} N PARCEL A' of opposition • concerns GP1N2478928882lX,'OD `c�5 `' M8 1TG,P 54 W ¢ m ,: GPIN 2478928948DODD about pedestrian safety and potential W Q _ N,� _ _ , ._ «, l APPROXIMATE LOC ATION ti property damage during construction 33rd STREET,.L.L.C. V� C d �? JN5T ZD f4040 JDD02798Z0 � OF UNSPECIFIED WIDTH {� ti x ti VIRGIMA POWER Q F.OT 3,BLOCK JDT cr7 f892M9886 850DP TU Concern � 2 letters 33rx7STREEY;L..L.C, '-: �^.._ 33rdSTREET L_L.C._ iNSTZD240.3D415D2 _ .". dNST2QT4lMD7DDD2T383D ofconcern received . • LO1'2,BLOCK tOT ', po LOTS 11-13.BLOCK J07 P • • • GP1N242802D835DDU7 GPIN241B93908300D0speakers PORTION OF 33R0?.STREET 33rri5TRFET L.L.C. • • • about lNST 2D 14D401 DDD279830 (M.8.4,Y 26Gf(M 8.5,P. 1S 7) hearing, LOT 7,BLOCK f0T TO BE CLOSED M.B.4,P.26G,M.B.5,P. Y51 AREA-3,681)SG7.FT.OR D.DB4 ACRE pedestrian access to Pacific, • • �y GPYN2428D2D963DODD 1VAIL(FJ fTl-t(FJ . S13"4838"E J40.DD' L4 Si3 4838 i40.D0' applicant provide . continuous • ''-N:34d72834.rD PACIFIC AVENUE �`-- i2s.43_'; E: T222DD88.T9 YDD'RIGilJ-OF-WAY E:72221J0iT.7T to 34th Street Council:City . ' - Location: 1 Pacific Avenue, 3300 Pacific Avenue, 305 • Street, Propertyof 1 1 Pacific Avenue, property west of 1 • Street Planning Commission1 m 4 F � frWA MODIFICATION OF L -ct A �o vim➢ ` 9ut"�. �st---�,, i � 3 CONDITIONS Staff Recommends A • • • Planning Commission • - • 11 to 0 to recommend Approval ITEM 3 — 33,dSTREET L. L.C. Request to modify conditions - - �, attached to the 2025 Alternative a y Compliance Site will be developed with an 85- 4 „ , 4 foot-tall senior living facility with 130 independent living apartment units OF z � ��` � '` 10 of the 130 units are proposed to , �• be affordable; the remaining 120 will be market-rate VV . . 7,1 = Prescribed height maximum is 35' Height deviation required through Alternative Compliance ` 3311 STREET L.L.C. 53 • .0 • • • . • • • . • • Q . • • ' • • • • • .o • M • ro • .• • • • • • • • • • ' • • • • • • '• • •• • • • Ln • • • • • • • • • • • • . • • • • • • . • • • • • • • OW ix Zw wo ui ui LU g a+n+s�er o a w a c Qp t � I i I i I I i u o a I I � a D a b b 93RD Sii�ET ITEM 3 — 33,dSTREET L. L.C. • Support • 2 speakers in support at the Planning Commission hearing • Opposition 2 letters of opposition noting concerns about pedestrian safety and potential it property damage during construction La Concern k�!t 2 letters of concern received and 2 speakers at the Planning Commission w — hearing, noting concerns about aMML P�1[ ' pedestrian access to Pacific, requested applicant provide a continuous sidewalk to 34th Street 33rd STREET L.L.C. 1 55 ITEM I 232 JERSEY A Council:City Location: ► 241 Pennsylvania Planning Commission i • 7 �jq• '�� �� 8ROI1D 3T� ..� i� � a _ ` JOB AD IRAL WRI6HT� Re�nars�a�xe AcaAerny S} � > O "' <o a ��' c-�= SOUTNERN BWD 3 CONDITIONAL PERMIT Staff Recommends Approval ITEM 4 — 232 JERSEY AVE., LLC Lai � x Request for a Conditional Use Permit &gap M99E[�DD for a Bulk Storage Yard .. i Storage of motor vehicles, delivery trucks and construction equipment � 1. r _ Site contains two buildings and two ® -- carports; building on 241 Pennsylvania will be utilized as an office and storage space lot-) UZA 232 JERSEY AVE., LLC 57 ITEM I 232 JERSEY AVE, Ordinance requires bulk storage yards to be screened with a privacy fence and landscaping GRW IeA>e�l� _ Deviation requested to waive landscape _ .mom BREED 'I� TBB.00• _ _ ll requirements along • •ur property BTORAGE IBM 'jr um rm « Proposed composite along Admiral W W R«rWAA0.As<OAO I STORAGE EXISPNG O �i:i T Wright • • • • wood fence along Pennsylvania • • • Ave ry �v uie H v w � 9TGRAGE , 3 w$ Staff recommending • condition that entire bulk storage area • _ enclosed CHAIN LINK I B�•,HT I °ia'L j�• w u • privacy fence in CAIE MiPi B' h - I g SECTON of I EXISPNC B'HT N000 p � MOGD FENCE CHAIN UNK CATS �� .0 I � m INSTAl1ED E -�. YA7N B'SECnON OF •�• I »x<,.....�...,.. _ . low-maintenance •� 2CUBTGME w CHNN LENGTH INSTALLEp�ry FnCN7 .EMRLGYEE ', y SECTION Oi I OF 1HE CHAIN I � HARKING � '. � FENCE LENGTH secnaT of .: sus . u ' FENCE pray .. Located Central Village District of ._.._.._.._.._.._.. B,°"•I Too oo '. ETBSPNG 8'HT CONCRETE Pembroke Strategic Growth • • • - CHAIN UNN FENCE ARRON interim use MTH S'SECPM ENSTINC B'HT CHAIN L1NK Qi MC10p FENCE MSTALLFO IN FnCNT GATE NITH B'SECPGN OF pE NNSYL VA NSA OF THE CHAIN LINK MOOD FENCE IN57AllEO IN FENCE FAWi aF THE CHAIN AVENUE LENGTH s¢cTwN a FENCE ro'Rm --- - ---- ----- -- c Tao__ Noknownopposition 232 JERSEY AVE., LLC 58 • Council:City • • • • Location: Parcel directly north of 20 Constitution Drive Planning Commission1 K MAIN ST - ` � Bratlilt�nina � r._-. w m �BROpk Da f � •�uj r Ui�!•IGYCOLUMBUS m � � J1° a Z O — rn • `J ST COLUM BUS LOOP C �" a y m ';r. � m f BEGONIA CT �-_.__ -i '�'�' J Q •• ,. I CIR r OR F,�°Pp J SE PS TILLMAN DR a � N . /. � POE vz LL • \ �, NEv PO �tr,YYY°J o_ SFIR CT _ A18 _ i I University — — / CONDITIONAL USE PERMIT rehouse) Staff Recommends Approval ITEM 5 - CITYVI EW TWO, L.L.C. , . .. a Requ est est or a Conditional Use Permit for .. aMini-Warehouse to construct a mixed- use building with a climate-controlled Uk self-storage facility and office .' �• ° " 2.57-acre vacant parcel is zoned B-4C Central Business Mixed-Use District Located within the Central Business • .� District/Bonney Area of the Pembroke • �`► + SGA and is adjacent to the Thalia Creek p Greenway • .��. . Portion within Resource Protection Area (RPA); proposed development located outside of RPA CITYVIEW TWO, L.L.C. 60VJJ ITEM • CITYVIEW TWO, L.L.C. 0 Proposed building footprint of approximately 15,525 square feet; IANOSCAPE NO � 9'({�yg maximum building height of 100 feet A�.wFFaanowxnmuu�ixFF�suM lov«re sEAF AT � -+up:%fi��. �x,, L�e •Js �orsTxF�rsR�xrm ���` � +ems N� aoseu Wmw ere ,.p *',�y�. "LJy} �• - y:�. •x �L 124,000 square foot total floor • • �excscue F.axwc�m xam+rro /" Nu li � ` Building Breakdown: T `\\FOUNDATION T-STORY OFFICEd �OA s \ PLANING� STORAGE FACILITY /e 12 CONCRETE �� �e - �, s�(stt odes) BUILDING SIDESNPLK �ov Floor; 000 SF office, ,. 15525 Sf FOOTPRINT /' zo cY `,\ 1N.Z(q SF TOTK /� -ISFEES TO EDETERMINED Fr �ySY warehouse, 101,000 self-storage 5 TFF S�TAT�SFI�6� ``� a ` ti(F: ��WRING SITE PLAN RENftNI �i t� m/x RroRRly�xU �IS'sKmfi�Fwucuzcz sxe IXISTING \ y �MEANG I . r�, � � ' SIDEWALK„ r • • st• • F&T'roNAG. NCCFlrtcat e.KN[$udFD IRE .� Th floor; office MEDUM CANOPY FREE ``� STREET (SPECIES TO BE DETERMINED- rtKFDSrMxFMNn. u5xss6m./n0a0FWTA \ FRONTAGE WRING SITE PLAN REVIEJJI ``\ aWI1RE0 maeu010ifKfl FO&3xOsa/uJoua6q \ � SHRUBS FNRFIEID BY MARRIOTT — Pa1WVEDwauxL(Sf0#4N: - xONOFD aaMf,L NFB[E 569K61x6Tx TO W.FdINt SlWvl ` 1 ,, ,� _ —_ Landscaping provided along areas, street parking ot�flGwfM xnxl3c RTxF akF cRAaH�c cALEc/�LE wou uwsTmvnrMilrc � �`T THE CONSTITUTION co/eTrtlrtax pauw wwcF II II APARTMENTS �'�..." CL� frontage, • • Thalia Creek ' ' • CITYVIEW • ITEM 6 - CITYVIEW TWO, L.L.C. r CITYVIEW.IFWO # ' Consisting of: ' 219 apartment units Parking Study for reduction of VACANT 120 hotel rooms (PROPOSED COMMERCIAL 81,996 square feet ommercial office spaaft parking spaces approved by �'OFFICE SPACE/STORAGE UNITS) 530 storage unite Zoning Administrator �, ► 680 spaces required for the entire ! Phase II of the CityView Project • 602 spaces provided r 27 spaces provided on Mini- VACANT PARCEL Warehouse site I r , CITYVIEW TWO, L.L.C.1 62 ITEM 6 - CITYVI EW TWO, L. L.C. G RENDERINGS FOR CONSTITUTION STORAGE 40 CONSTITUTION DRIVE • Proposed fagade incorporates a combination of simulated wood x, veneer, gray and white metal panels, split-face CMU veneer, and - I green aluminum composite material (ACM) panels - Loading area is proposed along the building frontage, to be screened by an overhead canopy • No known opposition CITYVIEW TWO, L.L.C.1 63 VB 1036 FP ROAD City Council: District • Location: 1036 Ferry Plantation Road Planning CommissionD. 2026 P• N1P �.'� N�dCent � �JxFOap �'P PrpO00P �1 l_1 BZ ..- S N Z a v o C 9�4 `N o R7.5 OZ �� Gi OJ HONE{Oa - O V OJ EaOStgOc. fZ ��4 p1 PNP01 `, �G f2 o�+`N m o 0P O�� A36 VON��\�` Ep�PN PJE SP,Oy �cp O�PNOS CONDITIONAL PERMITS (Mini-Warehouse : Bulk StorageYard) Staff Recommends Approval (Mi ni-Wa rehouse) and Denial (Bulk Storage Yard) 64 Planning Commission voted 11 to 0 to recommend Approval ITEMS 7 & 8 - 1036 FP ROAD LLC 4•, � Two Requests: Conditional Use Permit for Mini- Warehouse Conditional Use Permit for a Bulk Storage Yard « Site currently contains a 25,000 . o * #•*•''•~ square foot building and a monopole • .� communication tower i- 1036 FP ROAD LLCM 65 ITEMS 7 & 8 - 1036 FP ROAD LLC • The interior of the existing building will ro be converted into for-rent storage units and associated office space • Storage containers and supplies to be stored outside the building within fenced portions of the existing parking - lot QI s Ordinance requires bulk storage yards to ••• be screened with a privacy fence and Storage Yard Area landscaping • Deviation requested to waive landscape requirements for portions of the perimeter landscaping 1036 FP ROAD LLC 1 66 V6 rn cnOD 0 _ v 90 00 AI .1 1 1.qv PROPOSED SUE KAN HAYGOODCUP O w o� T v r r n O � p O f7 � (� to Q � O �=r ° orcl� � 3 Z5 3 Z3 � M rD -0 0. Z5 r+ 0 — C O 0 v Q r+ rD _0 p q -0 O � rp � n O O O r-+ — N r+ cn C7 � N• � r�-r � � � cn CD 0 D 0 — m —h M o O_ cn Z3 CL07O 0- r — r+ O 1-1 r+ �. = --N t-+ r.+ Q� aj O � 1� m f D ITEM 8 - CITY OF VIRGINIA BEACH Planning Commission Hearing Date — August 12, 2026 AN ORDINANCE TO AMEND SECTIONS 2100 AND 2102 AND TO ADD SECTION 2107 TO THE CITY ZONING ORDINANCE PERTAINING TO WORKFORCE HOUSING Staff Recommends Approval Planning Commission Hearing Scheduled for August 12, 2026 CITY OF VIRGINIA BEACH 68 VB 4 CITY COUNCIL LIAISON REPORTS 3:41 P.M. Council Member Rouse advised that the Active Transportation Advisory Committee(ATAC)and City Staff from the Parks and Recreation Department have worked with staff from Schools to develop a bike safety program for middle school students. Council Member Rouse expressed her support for the initiative, noting that bike safety education is an important step and commended ATAC for its engagement and efforts. August 11, 2026 5 CITY COUNCIL DISCUSSION /INITIATIVES/COMMENTS 3:42 P.M. Council Member Ross-Hammond advised that she has been made aware of youth in the Town Center area selling boxes of candy while representing that they were raising money for their football team and, more recently, they are asking for payment by credit card. Council Member Henley referenced last week's National Night Out event and expressed she enjoyed seeing the interaction between residents and the police and suggested creating more events similar to National Night Out,that would provide additional opportunities for residents to meet their Council representatives and for Council Members to learn more about neighborhood activities and relationships with police. Council Member Jackson-Green echoed Council Member Henley's comments regarding National Night Out, adding that the Brigadoon neighborhood held a large gathering that was attended by Mayor Dyer and Police Captain Gervin. Council Member Jackson-Green advised that a-bike safety information was distributed at the event and expressed appreciation for the Police Department,Sheriff's Office, EMS,and Fire Department.Council Member Jackson-Green also expressed his support to hold similar events in other areas of the City. Council Member Ross-Hammond added that Districts 4 and 9 held National Night Out events at Bayside High School with good attendance, noting that National Night Out is an important event that makes a difference in the community. Council Member Rouse advised that she and Mayor Dyer participated in the Summer Youth Employment Program Ceremony, where 200 youth ages 16 to 21 were recognized for completing the eight-week program through employment with the City and private employers. She commended City Staff for funding the program and providing summer employment opportunities for youth. She expressed interest in expanding the program year-round and exploring additional opportunities to connect youth with City employment and encourage private employers to participate. Council Member Rouse further advised Mayor Dyer's birthday was yesterday and wished him happy birthday. Mayor Dyer responded that he is, "Three quarters of a century plus one." Council Member Berlucchi advised on August 18th City Council will receive a briefing on the proposed undersea mining activity off the Virginia coast and thanked Mayor Dyer for sponsoring the briefing as well as City Manager Duhaney and his professional team for arranging experts and perspectives to further inform the Body. Council Member Berlucchi advised that the Bureau of Ocean Energy Management extended the comment period by thirty (30) days, which will close on August 22"d, and emphasized the importance of Council Member's participating in the formal feedback process. Council Member Berlucchi expressed his hope that the Body will reach a consensus following the briefing and convey the City's position to the Bureau before the deadline. August 11, 2026 6 CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS (Continued) Vice Mayor Wilson expressed her concerns regarding e-bike safety, referencing the recent incident in which a 12-year-old child was seriously injured after being struck on the Boardwalk. Vice Mayor Wilson asked for an update on signage indicating where a-bikes and similar devices are prohibited and on enforcement efforts. City Manager Duhaney requested Deputy City Manager Amanda Jarratt provide an update on the City's a-bike education and safety efforts and advised that Captain Gordon of the Second Police Precinct was also available to address specific enforcement questions. Ms.Jarratt advised that signs addressing a-bikes and a-motor devices had been installed along Atlantic Avenue every three (3) blocks between 14th — 38th Street and along the Boardwalk every four (4) blocks between 2nd — 38th Street. Ms. Jarratt expressed her appreciation to the Communications Department for creating educational palm cards and advised that 2,500 cards had been distributed to Beach Ambassadors in the Resort and Town Center areas. Ms. Jarratt advised staff is in the process of obtaining an additional 5,000 cards for distribution to police precincts and can be available at City Council forums if desired. Ms.Jarratt reported that from January 1st-July 31st the City had recorded 165 total incidents related to bicycles, including 67 involving e-bikes, and at the Resort during the same period, there were thirteen (13) bike- related incidents. Regarding enforcement, Ms.Jarratt advised that the City has issued eighteen (18) a-bike citations and one warning at the Oceanfront. Ms. Jarratt further advised that the Second Precinct has scheduled an a-bike safety and education class at W.T. Cooke Elementary School, on September 26th, tentatively from 9:30 A.M.to 12:30 P.M. Council Member Ross-Hammond requested to provide the educational cards at the locations hosting the Parks After Dark Program. Mayor Dyer expressed the importance of community engagement with police, fire, EMS, and other public safety personnel, and referred to National Night Out and the Parks After Dark program as examples of events that build community relationships. Mayor Dyer advised that the City was again recognized nationally as the safest city in the country, while acknowledging that the City has challenges and emphasized that they are proactively being addressed. Mayor Dyer highlighted the success of Parks After Dark, which was developed after City representatives examined best practices in Los Angeles, and has been expanded in other areas of the City. Mayor Dyer also provided an update on the Mayor's Task Force for a Safer Virginia Beach, commending Monica Krosky and the team for their work. Mayor Dyer advised that the Task Force, consisting of 82 Members, including (2) two members of the General Assembly, have conducted several community outreach efforts, with additional outreach planned to engage youth at locations such as the amphitheater and other areas. Mayor Dyer complimented the Task Force for being highly collaborative, with tremendous chemistry and a shared commitment to accomplishing meaningful work. August 11, 2026 7 CITY COUNCIL AGENDA REVIEW 3:54 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 L. PLANNING ITEMS: 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 K. Ordinances/Resolutions Item #1 will be considered separately Vice Mayor Wilson will abstain on Item #6 L. Planning Items Item#1 will be considered separately Item #5 will be considered separately Item #11 will be considered for a 30-day deferral August 11, 2026 8 INFORMAL SESSION 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: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 6 • District 10 PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(29). • Project Recognition PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2-3711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees August 11, 2026 9 RECESS TO CLOSED SESSION Upon motion by Council Member Rouse, seconded by Council Member Schulman, City Council voted to proceed into CLOSED SESSION at 4:00 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 Break 4:00 P.M. — 4:25 P.M. Closed Session 4:25 P.M. — 5:47 P.M. August 11, 2026 10 rr'JtiQ`GlN L rq H0 �7 r aF RUR NA1� S►VY'"R FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 11, 2026 6:00 PM Mayor Robert M. Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, August 11, 2026 at 6:00 PM 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 OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA August 11, 2026 11 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 34th 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. 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. August 11, 2026 12 VII.F. CERTIFICATION OF CLOSED SESSION Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE 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 August 11, 2026 13 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS:The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded on page and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE, BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 1 Amanda Barnes, MMC City Clerk August 11, 2026 14 VII.G. MINUTES Upon motion by Council Member Ross-Hammond, seconded by Council Member Jackson- Green, City Council Approved the Minutes of the Informal and Formal Sessions of June 7, 2026 and the Informal and Formal Sessions of June 14, 2026 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 August 11, 2026 15 VII.H. MAYOR'S PRESENTATION RECOGNITION OF KING NEPTUNE LII Mayor Dyer welcomed Christopher "Kit" Chope, president and CEO of the Neptune Festival. Mr. Chope expressed his appreciation to City Council for their continued support and introduced Celebration Chairs Will Driscoll and Katie Collett and King Neptune LII, Adam M. Carroll and the Royal Court: KING NEPTUNE LII Adam M. Carroll TRITONS Ashley Allman Chris Childs Alyssa Dangler Trent Dudley Tyler Jacobson Jeremy Maloney Desiree Mitchell Meagan Parker PRINCES AND PRINCESSES *Bolden Carson *Neel Singh Conner Smith Milan Anderson Audrey Brewer *Liliana Couture Ella Deal Molly Gelwick Hayden Hoover Olivia San Nicolas Izabela Thompson *Eva Uhrin Bailey Wilkins Mr. Carroll expressed his appreciation to City Council for their continued support and is honored to serve as King Neptune, explaining it is especially meaningful for him as he has seen how much the Neptune Festival positively impacts the community from his younger days when he worked at the Sky Coaster. Mr. Carroll expressed his hope to see City Council and the community at the forty (40) Neptune Festival events held throughout the year. *Not in attendance. August 11, 2026 16 VILL PUBLIC HEARING Mayor Dyer advised City Council will hold the Public Hearing at the time the item is called for the vote, each speaker will have three minutes to speak before council takes action on the item. Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND SALE OF EXCESS PROPERTY Approximately 341.4+/- acres at 2500 Tournament Drive (known as Virginia Beach National Golf Course) to Dragas Associates, Inc. The City Clerk called for the following to speak: Martha Thereault, 4311 Blackbeard Road, Phone: 287-2808, spoke in OPPOSITION Anthony Walters, 920 Corporate Lane, Chesapeake, spoke in SUPPORT Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in OPPOSITION Usha Eleswarapu, 1749 Champion Circle, Phone: 214-597-6728, spoke in OPPOSITION John Moss, 4109 Richardson Road, Phone: 636-1534, spoke in OPPOSITION John Burke, 135 Gander Drive, Moyock, NC, spoke in OPPOSITION George Wall, 580 Brentwater Road, Phone: 203-910-9282, spoke in OPPOSITION Helen Dragas, 4538 Bonney Road, Phone: 490-0161, spoke in SUPPORT Jimmy Han, 5430 Lyndon B. Johnson Freeway Suite 1400, Dallas,TX, Phone: 972-419-1400, spoke in SUPPORT Mike White, 1653 Spence Gate Circle#304, Phone: 880-3313, spoke in SUPPORT Jane Glasgow, 651 Colley Avenue, Norfolk, Phone: 446-7434, spoke in SUPPORT David Ellis, 720 10th Street, Phone: 641-6095, spoke in SUPPORT Meredith Mansfield, 1316 Rolfe Lane, Phone: 234-1011, spoke in SUPPORT Randall Howes , 1661 Spence Gate Circle#206, Phone: 493-1321, spoke in SUPPORT Bryce Esch, 3224 Ashaway Road, Phone: 698-1123, spoke in SUPPORT Joan Sharpe, 605 Christine Drive, Phone: 615-5063, spoke in SUPPORT Bill Callahan, 313, Office Square Lane#101, Phone: 465-2701, spoke in SUPPORT Gilmore Birklund, 653 Crestfield Drive, Phone: 341-3466, spoke in SUPPORT Drew Vakos, 4538 Bonney Road, Phone: 490-0161, spoke in SUPPORT Tim Liddy, 20143 Prescott Place Drive, Phone: 744-9696, spoke in SUPPORT Bryan Stromme, 5430 Lyndon B.Johnson Freeway Suite 1400, Dallas, TX, Phone: 972-419-1400, spoke in SUPPORT Reginald Buchanan, 1645 Spence Gate Circle#206, Phone: 510-7148, spoke in SUPPORT Ben Huger, 206 88th Street, Unit A, Phone: 919-395-3867, spoke in SUPPORT Marcia Glenn, 3300 Ocean Shore Avenue#1406, Phone: 536-6300, spoke in SUPPORT Jim Cahoon, 648 Independence Parkway Suite 100, Chesapeake, Phone: 436-5900, spoke in SUPPORT Bill Young, 308 Booty Lane, Phone: 288-3653, spoke in SUPPORT Howard Sykes, 4429 Bonney Road, Phone: 499-8971, spoke in SUPPORT August 11, 2026 17 VII.I. PUBLIC HEARING (Continued) Warrington Webb, 4538 Bonney Road, Phone: 490-0161, spoke in SUPPORT Richard Maddox, 1609 Atlantic Avenue, Phone: 422-9342, spoke in SUPPORT Mac Weaver, 4538 Bonney Road, Phone: 490-0161, spoke in SUPPORT Stanton McDuffie, 106 43rd Street, Phone: 672-1303, spoke in SUPPORT Scott Heller, 162 Pinewood Road, Phone: 333-2582, spoke in SUPPORT Matt Ives, 1215 Secretariat Run, Phone: 619-8249, spoke in SUPPORT Emily Rexey, 700 Oriole Drive#514C, Phone: 409-3599, did not respond Elaine Fekete, Phone: 435-6968, spoke in OPPOSITION Venkat Eleswarapu, 1749 Champion Circle, Phone: 469-803-7997, spoke in OPPOSITION Waverly Wood, 400 Salem Terrance, Phone: 749-8266, spoke in OPPOSITION Rob Valentine, 2949 Sand Bend Road, Phone: 635-6881, spoke in OPPOSITION Chris Taylor, 636 Congress Street, Phone: 752-9144, spoke in OPPOSITION Philip Kazmierczak, 672 Bottino Lane, Phone: 910-200-5281, spoke in SUPPORT Cody Conner, 3612 Malibu Palms Drive #104, Phone: 503-475-0973, spoke in OPPOSITION Henry Sells, 2901 South Lynnhaven Road #200, Phone: 905-5475, spoke in SUPPORT Lewis Hastie, 604 Pinetree Drive, Phone: 439-4360, spoke in OPPOSITION Justin Lynn, 1717 Aquamarine Drive, Phone: 287-8933, did not respond Jeremy Wing, 1165 Eagle Way, Phone: 848-6254, did not respond Terry Stevens, 312 Shad Lane, Phone: 647-4705, spoke in OPPOSITION Melissa Draudt, 3137 Sacramento Drive, Phone: 288-7101, spoke in OPPOSITION Walter Seim, 3836 River Oak Circle, Phone: 581-8710, spoke in SUPPORT Gretchen Heal, 101 West Main Street, Norfolk, Phone: 635-6055, spoke in SUPPORT Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, spoke in OPPOSITION Cheryl Smith, 754 Casual Court, Phone: 831-9360, spoke in OPPOSITION Arthur Ermlich, 800 Lord Leighton Court, Phone: 288-8239, spoke in OPPOSITION William Rehanek, 2109 Saw Mill Court, Phone: 708-261-1260, spoke in OPPOSITION Amanda Willoughbey, 2205 Featherbed Court, Phone: 287-8523, spoke in OPPOSITION Frank Ernest, 945 Banyon Drive, Phone: 474-0624, spoke in OPPOSITION Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke in OPPOSITION Crystal Meerendonk, 1672 North Muddy Creek Road, Phone: 620-5545, spoke in OPPOSITION Michael Greene, 214 Bonneys Quay, Phone: 718-915-9714, did not respond Buleet Dheer, 2276 Rio Rancho Drive, Phone: 732-476-4620, did not respond Cameron Cherry, 1223 Tim Tam Run, Phone: 613-6260, spoke in OPPOSITION Teresa Kraus, 4692 Berrywood Drive, Phone: 615-4918, spoke in OPPOSITION Nancy Mobley, 2204 Margaret Drive, Phone: 348-7314, spoke in OPPOSITION Doug Kelly, 2228 Cross Road Trail, Phone: 328-9810, spoke in OPPOSITION Brian Besecker, 1887 Eastborne Drive, Phone: 235-0951, spoke in OPPOSITION Larry Batten, 1692 Beaton Street, spoke in OPPOSITION Matthew Hamaker, 3200 Corvette Court, Phone: 617-7905, spoke in OPPOSITION Steve Valentine, 2225 Margaret Drive, Phone: 286-7333, spoke in OPPOSITION Laura Hughes, 3822 Mystic Cove Court, Phone: 647-0795, spoke in OPPOSITION August 11, 2026 18 VII.I. PUBLIC HEARING (Continued) Paul Beatson, 2904 Elegance Lane, Phone: 805-0047, spoke in OPPOSITION Rick Boyles, 525 Suber Drive, Phone: 589-4893, spoke in OPPOSITION Eddie Bourdon, 4429 Bonney Road #500, Phone: 499-8971, spoke in SUPPORT Declan Donnelly, 2677 Christopher Farms Drive, Phone: 814-5908, spoke in OPPOSITION Vikash Choudhary, 2277 Rio Ranch Drive, Phone: 720-324-6123, spoke in OPPOSITION Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Marianne Lane, 1645 Spence Gate Circle#208, Phone: 777-8489, did not respond Pilar Eteke, 514 26th Street, Phone: 708-3361, spoke in OPPOSITION Sandra Shinabarger, 168 Waverly Drive, Phone: 375-5885, did not respond Larry Williams, 2704 Sonnet Lane, did not respond There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING August 11, 2026 19 VII.J. FORMAL SESSION AGENDA 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. CONSENT AGENDA Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, Agenda Items Ordinance/Resolutions K.: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and Planning Items L: 2, 3, 4, 6, 7, 8, 9, 10, 11 (DEFERRED TO SEPTEMBER 1, 2026) and 12 K. Ordinances/Resolutions Item #1 will be considered separately Vice Mayor Wilson will abstain on Item #6 L. Planning Items Item#1 will be considered separately Item#5 will be considered separately 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 August 11, 2026 20 K.1 ORDINANCES/RESOLUTIONS After City Council discussion, Vice Mayor Wilson made a motion, seconded by Council Member Hutcheson, to ADOPT, the Alternate Version of the Ordinance to DECLARE 341.4+/- acres of City-owned property at 2500 Tournament Drive to be in EXCESS of the City's needs; APPROVE the Term Sheet for the redevelopment of the Virginia Beach National Golf Course; and AUTHORIZE the City Manager to enter into a Purchase and Development Agreement with Dragas Associates, Inc. re sale and development of the property Council Member Henley then made a SUBSTITUTE MOTION, seconded by Council Member Remick, to DEFER FOR 90-DAYS, the Alternate Version of the Ordinance to DECLARE 341.4+/- acres of City-owned property at 2500 Tournament Drive to be in EXCESS of the City's needs; APPROVE the Term Sheet for the redevelopment of the Virginia Beach National Golf Course; and AUTHORIZE the City Manager to enter into a Purchase and Development Agreement with Dragas Associates, Inc. re sale and development of the property Voting: 2—9 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, Robert W. "Worth" Remick Council Members Voting Nay: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer David Hutcheson, Cal "Cash"Jackson-Green, Dr. Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary Wilson Upon motion by Vice Mayor Wilson, seconded by Council Member Hutcheson, City Council ADOPTED the Alternate Version of the Ordinance to DECLARE 341.4+/-acres of City-owned property at 2500 Tournament Drive to be in EXCESS of the City's needs; APPROVE the Term Sheet for the redevelopment of the Virginia Beach National Golf Course; and AUTHORIZE the City Manager to enter into a Purchase and Development Agreement with Dragas Associates, Inc. re sale and development of the property Voting: 9—2 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer David Hutcheson, Cal "Cash"Jackson-Green, Dr. Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley, Robert W. "Worth" Remick City Council recessed for a break 10:14 P.M.—10:25 P.M. August 11, 2026 REQUESTED BY MAYOR DYER, VICE-MAYOR WILSON, COUNCILMEMBERS ROUSE, SCHULMAN, BERLUCCHI, CUMMINGS, HUTCHINSON, REMICK, ROSS-HAMMOND, AND JACKSON-GREEN 1 AN ORDINANCE 1) DECLARING 341.4+/- ACRES OF 2 CITY PROPERTY TO BE IN EXCESS OF THE CITY'S 3 NEEDS 2) APPROVING THE TERM SHEET FOR THE 4 REDEVELOPMENT OF VIRGINIA BEACH NATIONAL 5 GOLF COURSE AND 3) AUTHORIZING THE CITY 6 MANAGER TO ENTER INTO A PURCHASE AND 7 DEVELOPMENT AGREEMENT FOR THE SALE AND 8 DEVELOPMENT OF THE PROPERTY TO DRAGAS 9 ASSOCIATES, INC. 10 11 WHEREAS, the City of Virginia Beach (the "City") owns property located at 2500 12 Tournament Drive (GPINs: 1494-34-4919 and 1494-52-3434)consisting of approximately 13 350 acres, a portion of which is currently operated as the Virginia Beach National Course 14 (the "Golf Course Property"); 15 16 WHEREAS, the City also owns land adjacent to the Golf Course Property (GPINs: 17 1494-13-7202 and 1494-03-5237) currently leased for farming purposes (the "Farm 18 Property"); 19 20 WHEREAS, on October 12, 2025, the City issued its Request for Proposals (RFP 21 #ED-25-04) ("RFP") seeking proposals for the purchase of land consisting of a portion of 22 the Golf Course Property, for the operation of Virginia Beach National Golf Course 23 ("VBN") and such other uses as deemed appropriate by the proposers; 24 25 WHEREAS, after a review of all responsive proposals received, City Council 26 directed City staff to negotiate terms with Dragas Associates, Inc. (the "Developer") 27 pursuant to Developer's proposal submitted in response to the RFP; 28 29 WHEREAS, the Developer proposes to (i) purchase a portion of the Golf Course 30 Property and a portion of the Farm Property, consisting of approximately 341.4 acres 31 (collectively, the "Property"), (iii) partially reconfigure and refurbish VBN, (ii) continue 32 operating VBN and associated amenities as a public golf course, (iii) develop 33 approximately 659 residential units and associated amenities, (iv) develop a maximum of 34 20 stay and play cottages, (v) potentially develop a daycare facility, (vi) develop an 35 illuminated 18-hale putting course, (vii) create two grand entrances, and (viii) develop a 36 new golf course maintenance facility to replace the existing facility (collectively, the 37 "Project"); 38 39 WHEREAS, as a part of the development of the Project, and prior to Developer 40 purchasing the Property, Developer will seek a rezoning and/or a conditional use permit 41 for all or part of the Property (the "Rezoning"); 42 43 WHEREAS, City staff and the Developer have negotiated the terms and conditions 44 for the proposed Project and the relative responsibilities of the City, Developer and the 45 City of Virginia Beach Development Authority ("Authority") necessary to execute a 46 purchase and development agreement, as more specifically set forth in the draft term 47 sheet attached hereto as Exhibit A ("Term Sheet"); 48 49 WHEREAS, VBN would remain a publicly accessible golf course and the City 50 would maintain a 99-year repurchase option should the golf course cease to be operated 51 as a public golf course for a period of more than 2 years, all as set forth and defined in 52 the Term Sheet; and 53 54 WHEREAS, City Council is of the opinion that the sale of the Property and 55 development of the Project will support the creation of additional housing units while 56 ensuring the reconfiguration and continuation of the golf course to the benefit of the 57 citizens of Virginia Beach. 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 60 VIRGINIA BEACH, VIRGINIA, 61 62 1. That the Property is hereby declared to be in excess of the needs of the City 63 of Virginia Beach. 64 65 2. That the Property is authorized to be sold on the terms and conditions as 66 materially set forth in the Term Sheet, attached hereto as Exhibit A, and incorporated 67 herein. Any material change to the terms of the transaction shall require a new 68 authorization of sale with a supermajority vote. 69 70 3. That the City Manager, or his designee, is hereby authorized to execute any 71 and all documents necessary for the sale of the Property as contemplated herein, so long 72 as the documents are substantially in accordance with the terms set forth in the Term 73 Sheet, Paragraph 5 below, and such other non-material terms, conditions or modifications 74 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 75 Attorney. 76 77 4. That the City Manager shall refund to the Commonwealth such amount 78 attributable to the Farm Property as required by the Grant Agreement between the City 79 and the Commonwealth for property acquisition around Oceana and the ITA. Funding for 80 this payment shall come from Capital Project 100282 "Oceana & ITA Conformity and 81 Acquisition II". 82 83 5. The City Manager is not authorized to finalize the sale of the Property unless 84 Developer, prior to Planning Commission and City Council consideration of any rezoning 85 of the Project Property, has committed to the percentage of affordable housing units that 86 will be constructed as part of the Project. 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ith day of 89 August , 2026. T141S ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney — - Economi evelopment CA17166 \\vbgov.comldfs 1\applica li onslcitylavi%cycom321vipdocs\d0111p055\01130700.docx R-2 8/6/2026 i i City 6-16-26 E3UMIT A TERM SHEET PRINCESS ANNE LANDING June 2026 The City of Virginia Beach (the "City') owns approximately 300 acres used for the operation of Virginia Beach National Golf Course ("VBN") and approximately 45 acres directly adjacent to VBN, further described and defined in Section 1 below as the "Property"and depicted on Exhibit A. The City leases a portion.of the Property for VBN to the City of Virginia Beach Development Authority ("Auto i��y")pursuant to a lease dated October 7, 1997(the "Lease").Included in the Lease,..",:. prox. ately 50 acres,not included in the Properly,operated as First Tee Virginia [ h(` ust Tee")pursuant to a sub-sublease between TPC of Virginia Beach and he`^.f `CA '" , Quth Hampton Roads ("YMCA") and an Assignment of Agreements :and betweeii,:Authority, the City, s Hampton Roads Junior Golf Foundation and thy:;;: CA dated July 1'3909 (collectively the"Sublease"). r On October 12,2025,the City issued its Request 4 "k, ro' als(RFP#ED-25-04)("RFP") seeking proposals for the purchase ofrtwo(2)parcels r d:a portion of 2500 Tournament Drive, GPIN 14943449190000; antlr`MINJ494523 3 QQOQ totaling approximately 350 acres, for the operation of VBN aRJd f sic z;;`bier used�;a�,�;ideemed appropriate by the proposers.After a review of all responsty4e propbs ' eceive >> e City Council of the City of Virginia Beach directe�i.��>.tt_. staff to a�tpt �iieg�ofieterms with Dra as Associates 7r;r, e Cyr Drag as Inc. ("Developer')pu�fi"toy) ,veloper ?" o osal sub`m ited in response to the RFP. raiv qi:?O, r. P p AJi''i'r ri f,,(R r �trtr• '{x.r :�. Developer proposo Ivttle purcha�eof the Proerty for (i) the partial reconfiguration and refurbishment of V13N%,,jpcludi f1 ; ,�}ous'e d related facilities,and(ii)the continued operation �TB3l anfzated '"ainei }tes as a public golf course, and (iii) the develop, rft bf rp matel}`r residential units and associated amenities and (iv)the ap�it pa } fr) ! (• ) deve�,Mblent of a ma um o Qr ay and play cottages,and(v)the development of a pad- reactry 'ate for a daycaref-Weetity,'a%j fi(�vi)the development of an illuminated 18-hole putting course''ft additional e"HE"lncem'Mis to the practice and training facility, and (vii) the creation fi wo grand e,'Dances, each with enhanced landscaping and large scale monumentatztri 'and (vii:).: a development of a new golf course maintenance facility to replace the existi (collectively, and as further defined and described below, the "Project"). The p " racknowledge that new, `but-for' tax revenue generated by the Project is expected to reach approximately$3,400,000 per year at full Project buildout. Staff and Developer have discussed the proposed Project and have agreed, subject to the approval of City Council and Authority, on terms and conditions for the Project and the relative responsibilities of the City, Developer and Authority necessary to execute a purchase and development agreement, (the "Purchase and Development Agreement") and expeditiously bring the Project to fimition (the "Transaction") in order to minimize closure of the golf course for public play. This Term Sheet is an outline of terms. Moreover,this Term Sheet is not,nor is it intended to be, an offer, an acceptance, or a binding agreement of any kind. To the contrary, this Term Sheet is only a summary of the business terms of a possible transaction,which may be agreed in principle only. Although this Term Sheet identifies many of the material issues, any possible Transaction is complex and issues may arise during the preparation and negotiation of definitive documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations to each other will only be as specified in any definitive agreements that ultimately may be developed.However,it is anticipated that the ordinance approving this Term Sheet and authorizing the sale of the property, will also authorize the City Manager to execute the final and binding Pux�hase and Development Agreement if there are no material changes in the business g�#'is set forth herein. The parties acknowledge that negotiation of Purchase and )Devflopment Agreement will inherently require flexibility, and that refinements, ad jistiit tS, and evolution of the business terms set forth herein are expected and antic$&d. S9&d material changes to the business terms set forth herein be identified,a , Term Sheetand/or Purchase and Development Agreement will need to be approydo, City Council ail&hpecuted by all of r- the parties. Whether a proposed change is iaterial, thus re uirin additional formal Council approval,will be determined by the ,W":.}ymanageT,,#&n consultatiofi, the City attorney and in their sole reasonable discretiorY3v1?vhiF�h-: i+il be exercised in good faith. Additionally,while none of the parties.to this Termk.,9't are under any obligation or duty to attempt to negotiate the Transacts '� ' elated dMipentation or,if such negotiations commence, to continue such negotiains'#lie;parties wi1(suse their good faith efforts to negotiate the Purchase and Developme :Agree" ut;i acclo d uce with the agreed upon Term Sheet.Nonetheless., a rovin # s Ter She ` indicates its belief that this Term Sheet can f14, 5-is for tlii{; ._ saction and the willingness to commence negotiation and prgp""iron of de j ative doC,�`entation toward that end. 1. Pro a r•, r- ��f'•,�':�.--J. ti•.. The bour'1`a' ''uf-t�a&' p ro rep !Wand a mated acreages of various intended uses within . ' p proxi g it wi41 !aeterminec ''the Pitfohase and Development Agreement and refined prior to final.ie plan approvals as�-equKr to accommodate the execution of any or all elements of the Pf&ct. ^sky l (a) App. 300 acres constituting portions or all of parcels <.',:::. GP1Ns 1494344919•9000�j4941372020000, and 14940352370000, including a portion of the area known asgf_�gown Farm, will be utilized for the continued operations of a reconfigured eightee`fi-hole golf course (the "Golf Course"), clubhouse, maintenance facility,associated recreational facilities,the Daycare Property(as defined below),and the Stay and Play Property(as defined below)(collectively,the"Golf Course Property"). (b) Approximately 52 acres constituting portions or all of parcels GPINs 14945234340000 and 14943449190000 will be utilized for the development of the planned residential for-sale units(the"Residential Property"). 2 (c) Approximately 6 acres of the Golf Course Property may be utilized for the development of a maximum of 20 cottages, predominantly as an accessory to the Golf Course Property(the"Stay and Play Property"). (d) Approximately 1.8 acres of the Golf Course Property, constituting portions or all of parcel GPIN 14943449190000 will be utilized for the development of a pad ready daycare site(the"Daycare Property"). (e) The proposed approximate boundaries of the Golf Course Property and the Residential Property are shown on Exhibit A, attached horeto, and are referred to collectively as the"Property". ,{ ; . (fJ The Property does not include Ytl ,appimately 50-acre parcel shown on Exhibit A as First Tee Property". Thesf ee Propry shall be created by the City as a valid legal parcel through the Virg' V ea subdi". kq s prior to�Proces Settlement, as defined below, and thereafter shai conveyed to thefCA pursuant to the direction of City Council. (g) The areas described in Rcg9n-,-.F) (b), and (d) above shall be sa created as separate valid legal parce�s hhrough the 9NI, sion process in the City prior to Settlement,as defined below.Deve10",emd City or A t Qrity shall be jointly responsible rr. �d�r>, for obtaining all subdivisions necess ;fot't je Pro ect w3ith.- ociated costs split equally between them. �� •Fk'�rg4 �• 2. General' Es zAhif,�8r#of Thd&,N t. `jam a ;Golf COux''se#An es{�,y,1'1�� ed $38,160,000 will be invested into the Golf Course Prope ' foll f y; s iunatei�� 19,760,000 from a combination of the Purchaser Pc ( 7,94{ ?0.I(Of Ord Authdrtly; mds($1,820,000), defined hereinafter,will be investe mlh-M uovatra the Golf Course to include construction of new golf holes V �� and s$ •c'iated imp'!Y:" entsrr.��s ovation of remaining existing golf holes,construction of a neWMaintenance fac:11. COffip on of deferred clubhouse repairs, and renovations of ��f'r, dr.p !..:. the car%ths,irrigation s", f ms and lakes; an additional estimated$18,400,000 in private investmenth Additio 'hPrivate Investment )will be invested to include additional clubhouse uAdes and , f tting,up to 20 stay and play cottages, an illuminated 18-hole putting course, K! rFndi�lYrance at Nimmo Parkway, and course outfitting including golf maintenance equi' T.�•ir (i) Course Redesign. The current 18 holes shall be redesigned to retain the style of Pete Dye, as agreed by the parties. The parties will collaborate in the redesign and agree to minimize, to the extent possible, the proximity of any of the Residential Units to the fairways or active play areas of the Golf Course. The "Course Redesign" shall include all Golf Course Property development and improvements, excluding the vertical construction of the Stay and Play Property cottages. The Course Redesign shall also include the redesign, reconfiguration, and renovation of the Golf Course and all stormwater facilities necessary to serve the Property and Project and all 3 construction to fully complete same as approved. Course Redesign will be driven by stoimwater design requirements,course playability,and the parties' shared commitment to the long-term financial sustainability of the Golf Course,and as such,Developer shall have the right to relocate, reconfigure, or otherwise modify any or all golf holes or associated features in the Course Redesign, provided such modifications are consistent with the existing course design and style. (ii) Clubhouse. The existing clubhouse will be renovated to improve the restaurant,locker rooms, and retail{"Clubhouse"). (iii) Additional Golf Amenities. An, "i�iinated 18-hole putting course will be added, along with enhancements to the tu' t g practice and training facilities (collectively, the"Additional GolfAmenities'; (iv) Golf Maintenance Fakfity. The exi§t.Wg�golf maintenance 'I...,. facility will be demolished and a new facility: l{ be constructed otthe Golf Course Property. .. R• (v) Construction. e City a �1d"'bwledges that"golf Course operations will be closed during the Course Rea n,fof'`.period expected to be fifteen (15)to eighteen(18)months but not to exceed twee t'L.-' r(24) consecutive months from the time of Developer's receipt ofj e ts, appi&h s: and inspections required for g. Developer to commence the Course eds si i a.exceptin'g fines necessitated by casualty, condemnation,force majeure,or other` v nts be'�o eve op ,r s reasonable control. U` and Lrances. ;..o:Yiiew grand'entrances will be constructed with one at the cu ,� a m ersectio of Tourn fnent Drive and Princess Anne Road and the other new entrances].,.the intersq,016 of Niuvni°o Parkway and West Neck Road ("Grand Entrances")in accord. ce wio'(SAO s fin;.-.(e)b*w. ....: st, ay�.�.�d-Play. A maximum of 20 cottages shall be constructed on the AGo bourse Prop rty. Ml ,s#ay-and-play cottages will be used predominantly as an accesspr amenity fors h`�6". olf t b irse Property. �;;•,;,: {d) Residential Units. Approximately 559 for-sale dwelling units with amenities to'id ude a cl.X$ouse, swimming pool, fitness center, and walking trail. The dwelling units vifcoWfspf four types of condominium units and will not exceed a density of eighteen (18) iirufs;-per acre of the Residential Property that is unencumbered by the Interfacility Traffic Area. Developer shall use best efforts to target two of the four residential product types to households earning under 120% of Area Median Income. (e) Daycare Property. Development of approximately 1.8 acres for a pad-ready site restricted to daycare use.Developer will develop a pad-ready site and market the Daycare Property to licensed,professional daycare providers,who will,in turn,operate the facility. The facility will be privately constructed. Daycare provider and Developer shall mutually agree upon a deal structure,options for which may include but not be limited to a ground lease,pad-ready parcel sale,build-to-suit, spec build, or traditional lease. 4 3. Purchase Price and Settlement. (a) City shall sell the Property to Developer for Seventeen Million Nine Hundred Forty Thousand Dollars $17,940,000 ("Purchase Price") with no financing contingency. The Purchase Price will be invested into the Golf Course Property as demonstrated by reasonable documentation of costs submitted prior to requesting or receiving any City funds. (b) Transfer of title and payment f<`1$e Purchase Price (the Settlement ) shall take place on or before 30 days fro . b',y"Doper receiving all local, state and federal permit approvals (including rezo d 'visions necessary or desirable in Developer's sole and absolute opinion fo redevelop t;`;y of the Project.Prior to Settlement,should permits be approved for e' oi'irse Redesign or ',portion thereof, and depending on the scope and nature of an ,,fb her outstanding perinit `Developer inay commence construction on the approved 4 ;Qn(S) of�,# . Course Reddy}gn prior to Settlement by mutual agreement with the City.' a cc '31iiction will serve to minimize the duration of the golf course closure accommodaf�s`e; sonal grass grow-in requirements, and facilitate a smooth operational ipjt�on. A# Se tent, the Purchase Price will be i deposited into an interest-bearing ac gpnf'tli f" scrow`,. i? ,ount"). (c) TheRh uphase anc`[% ,eve p e ; _greement will contain provisions restricting an transfe ' "` :, `­,`g any of afi;yu Brest in ady part of the Property,except to Developer, or as mfiila ly agree_ in writingf�i, Developer and the City. The parties agree to cooperate in go-d : aith and s ""'take .11" a�sonable and necessary steps to ensure that Developer's investmtf•in th! eedesiQ��,Clubhouse, Additional Golf Amenities, and Grand nces i �fiiy Yofec ek :sr �ired pending transfer of title,and City and Authori, al i ofi e an ction,or fail to dlce any action,that would impair,encumber, or diniu'Sib DevelblSi is irate,6sf in the Property, the value of Developer's investment thef'e"` or Developer sunlit aritl%bility to receive title to the Property. Notwithstanding the prec�g sentence,n4`turg shall prevent the City from taking actions in its municipal capacity s 'g nixed or aufy{h+' i by law. (taty�h-1h or Authority agrees to convey and transfer to Developer all interests in all fut' ref xtures and equipment located at or used in the operation of the Property(collectivey the"FF&E"), to the extent the City or Authority has title to or any colorable interest in such FF&E or if same is abandoned at the Property by any third party. Such conveyance shall be at no cost to Developer and delivered as part of the Purchase Price in consideration of the Developer's covenants in this Tenn Sheet and the Purchase and Development Agreement. 4. Developer Obligations. Developer shall be responsible for the following elements of the Project. 5 (a) Developer shall be responsible for payment of the full Purchase Price to City at closing as detailed in Sections 3 above. (b) Dragas Management Corporation, a related entity to Developer, shall serve as general contractor for the Project and all related improvements as described herein. Developer shall be responsible for submitting requests to draw from the Escrow Account (a "Draw Request") to the City or Authority, accompanied by reasonable documentation of costs incurred,no more frequently than monthly. (c) Developer acknowledges the City Council's 12% minority subcontractor goal and will make good faith efforts to work ; tthe City to identify and. use SWaM subcontractors to the extent commercially reaso . (d) In connection with the Course R_d sign d,Public Infrastructure Improvements, defined hereinafter, Developer shgliUse best efforts to;solicit a minimum Lf,•f. of three (3) competitive bids for each material���ponent of the wo:-Pnor to awarding any contract. 5. City/Authority Obligations. City'off;r Authority shall be responsible for the •. ;/ following elements of the Project. <' (a) The Authoritycitrrly. :holds '>;`150,000 in an account for maintenance at VBN the "VBN Mai 'tenancy; , ount" t settlement the Authority shall deposit the greater...Of::j $750 00,pr .jt.`%tlie<:l'a lance of the VBN Maintenance Account, as well as an,4*dditi6h'�'or.41,070,001,.,... the Escrow Account. To the extent the Authority receives.;payznents fxothe exis'(4g operator under the existing management agreement prior (.:;;Settlement,fA'�rthority agrees to apply those payments to satisfy its maintenance obliQafgi ,at 1 the =yyy0 Coux l.7 r•. seiAhat it will add any remaining funds it ly..C:j F�1 retains froj'p. uoh, a ni ; fi';#lie EscrtiV:c4,cetiunt at Settlement.The sum of all funds and paymen""S"9ti6iaiedsv ith flus�S,�ection 5(a) shall be the Authority Funds. " r• (b) :t,Purc�aseT Price and the Authority Funds (collectively, the , "Dedic id,Project Furst ?'} shall be held in the Escrow Account. Any interest that is earned in't1�W� scrow Accq,: t shall be added to the Dedicated Project Funds. 0"Ar Authorityshall reimburse Developer for all hard and soft costs incurred in"tldesign and construction of the Course Redesign following a corresponding Draw quest within thirty (30) days after receipt of each eligible Draw Request and associated documentation of costs incurred. Such costs incurred prior to Settlement shall be eligible for reimbursement after Settlement, by corresponding Draw Request. (d) Inclusive in all Developer reimbursable costs described herein shall be a 10% general contractor fee paid to Developer's general contractor, Dragas Management Corporation, a related entity to Developer. 6 (e) The City agrees to provide such easements or use agreements on its property as may be needed for the performance of the Transaction and execution of the Plan of Development(as defined below) at no fee to Developer, including easements to allow the off--site enhancements for the Grand Entrance and any other signage related to the Project. The Grand Entrances may require additional area for monumentation and enhanced landscaping and,to the extent the real estate for the Grand Entrances is controlled by the City or Authority, the City or Authority will cooperate to provide required dedications,encroachment agreements,or temporary construction,perpetual maintenance, or other easements. (f) The City and Authority shall facilitate a ii secute any right of entry agreements or authorizations necessary to provide Develo ,ef<xtid its agents, contractors, design, and representatives access to the Property for pudiligence, g engineering, and construction activities related to the io 'ct. ''yf�•. b. Infrastructure Improvements: The;''-'execution of the p ¢ ect may require public and franchise utility and public roal<; mproveme its (collectthe "Public i`:. the Golf Coiir'e Property, Infrastructure Improvements") that provtgsbenefits./.,"�: p rty, adjacent land owned by the City and Authft.i.,aifd,1ie First Tee Property. Such improvements also support the sustapability of loiie`iinr public recreation on the Golf r ;:V:t , Course Property. The Public Inf.aS I `,,'te f �Improvemenl shall include,but are not limited 11 to,hard costs,soft costs,and associafeAt.g6ne l�Contractiii! ees of the following: (a) T x,.� lanes, `( } road%' 7 '' a g, franchise utility relocations/improveme.it`} �"siv,alks, st; tddpe anindscaping improvements to Tournament Drive o`t tiai traftc signa ` 'ournament Drive and Princess Anne Road, and Project signaW- ;$'}x�cluding SOU excl ply for the Residential Property. X4!� �(r. xf �Gr_ �,,f,�() SVatid "''ofhi f;,l}" 'ty extensions, improvements, and decomm dons-x9b}-ged i:b ' rve the Golf Course Property,the First Tee Property,and the , , ai`rcels owi�i c�l�.y the'�tijhority on Tournament Drive. (c) T -nply-%ith the Virginia Public Procurement Act, the parties a ole source"` eterrmation for the design and construction of the Public Infrastructu a{Iui. roveme�ts Ci 7. D`�'v6lo°`er and /Authori Shared Obligations. l:fif:. (a) Public Infrastructure. City or Authority shall reimburse Developer for all hard costs, soft costs, and associated general contractor fees incurred in the design and construction of the Public Infrastructure Improvements up to a maximum of $4,300,000 (the"Public Infrastructure Cap") following proof of expenses incurred and submission of a corresponding Draw Request. Any Public Infrastructure Improvement costs incurred prior to Settlement shall be eligible for reimbursement after Settlement, by corresponding Draw Request. (b) Overages. (i) In the event that Developer incurs any cost overages on the design and construction of the Course Redesign in excess of the Dedicated Project Funds, City or Authority shall reimburse Developer for all such hard costs, soft costs, and associated general contractor fees incurred up to$3,600,000(the"Project Cap")following proof of expenses incurred and submission of a corresponding Draw Request. (ii) Developer shall pay for all costs incurred in the development and constnuction of the Course Redesign and Public Infrastructure Improvements in excess of the Project Cap and Public Infrastructure Cap,respectively. 8. Development Plan. As a part of the negotiatioYRhe f ffib definitive documents, the parties will agree on an acceptable plan of developme t Project (the "Plan of Development"). The Plan of Development will include•-f�f :<�'r•, `r''"•'•'. tip.%'�;-.. (a) a due diligence period commeA&g upon exe #ion of the Purchase and Development Agreement and expixitie later of(i) 1 :days from execution of the Purchase and Development Agreement or(ii)45 days from)eveloper's receipt of City's second round of comments,6414 engineeir6d,site plans sul3 fitted by Developer for the Project(the"Due Diligence`Pe rodAf " (b) reasonable d,W de'. e.q for comp�etiii the subdivision process needed to create the various parcels constituf�g th'..' (c) reasonable deadlines for,.t =poi es;;to agree on the redesign for the Golf Course; ,.:.fray: Y;;�s •�. d :f; ;'reasonabl�°r eadlines 4f`6r Developer to obtain, with the City's cooperation as a confit partz' j�ezonn of'}e,Property and any necessary conditional use permits or-other pe gs 11il-insjSect of s eeSed to execute the Project; (e) ' 4:';r asoiik 14•deadlines for Developer,with City's timely cooperation as p ¢perty owner, to:>gb �Stain, end, for City, with Developers timely cooperation as applicft,to grant, all pelnits, approvals, and other authorizations for all elements of the y.... Project.Wdtder to minimft!closure of the Golf Course,the parties will attempt to obtain all approvals;�#fY June 30'-2027. City shall facilitate cooperation with the Authority, including all n&Otq ry Aj .rovals or authorizations for work to be completed on or adjacent to the Property. Upo Tdii ral approval of this Term Sheet by City Council,Developer and City shall agree on an'interim management agreement for the Golf Course operations, if necessary, to minimize closure and ensure smooth transition of golf operations,with such agreement to be effective as of the expiration or termination of the existing management agreement between the Authority and Virginia Beach Golf Club,LLC. During the term of the interim management agreement, Developer to have sole responsibility and to bear all costs for the operation and maintenance of the Golf Course and shall be entitled to retain all revenues generated at the Golf Course during that time. Developer agrees to invest an amount equal to the revenues retained in course operation, maintenance, employee retention and operational support of the Golf Course; and 8 (f) reasonable deadlines for City to terminate or facilitate mutually agreed upon changes to all agreements that may encumber or restrict the realization of the Project including,but not limited to: (i) Management Agreement for Virginia Beach National Golf Course,originally dated March 30,2007,by and between the Authority and Virginia Beach Golf Club,LLC. (h) Ground Lease for TPC Golf Course,dated October 8, 1997, by and between the City and the Authority. (iii) Virginia Beach National(3A'er %commercial Sub-Lease, dated November 1, 2017, by and between Virgini&369ch Goli?. ub, LLC, and VBN Restaurant,LLC. l :�lt •:�Mt� irk •u.�' (iv) Lease Agreemeii dated March;26,2026 by'aWbetween the City and Land of Promise Farms Partnership @ tipl ter�:�fion contemplain. r (g) Settlement op.,ipProjec#shall ur on or before an agreed date,as outlined in Section 3 and when I t .Iras secuur tl all rezorungs, permits, typical inspections, and approvals necessaryil,tlieFrQ (h) riLi.s�o_#i � and oiii de safes `o`r rbunmencement of construction `",-tn ri hts should these not be met. will be agreed on wit11_parties lia•�ug#ei g 9. GolfCurse Pronspurchase.Option. The City shall have an option to repurchase the Golf r✓p lrse P %-*8 ibuld,Wproperty cease to be used for a publicly accessibl .Course fox};a;period of nioieu twenty-four(24)months,excepting tunes needed o 'renovatio�,or rewM uration of the golf course in the future or necessitated by casufy;condenuuati'oijc�r for' z.i ajeure (the "City Repurchase Option"). The parties agreed;lint the public fit artrting the City Repurchase Option is the continued availabilw"gf public gol£'`' <the commtruty. '�rS;9jR, r„y � 7 of City Repurchase Option shall continence upon the Settlement as deled $ in and shall automatically expire and be of no further force or effect on the ninetyrline (99) year anniversary of such Settlement. The City Repurchase Option shall only apply to the Golf Course Property, excluding the Daycare Property,nor shall it apply to any of the Residential Property. (b) The repurchase price (the "Repurchase Price") shall equal the greater of the FMV or the Investment Recovery Amount, as defined below,at the time of the City's exercise of the City Repurchase Option. (i) The fair market value("FMV")of the Golf Course Property, excluding the Daycare Property and, if applicable pursuant to Section 10(a), the Stay and 9 Play Property,at the time of exercise shall be determined as follows: each party shall select a licensed MAI-certified appraiser to provide an appraised value. If the two appraisals differ by more than ten percent(10%),the two appraisers shall mutually select a third MAI- certified appraiser, the cost of which shall be shared equally. Fair Market Value for the Repurchase Price shall be the average of the two closest appraisals. Such determination shall be final and binding on the parties. The parties agree that the property will be valued as a golf course,and value shall include the stay and play cottages and any other accessory uses and improvements, whether or not that might be the highest and best use at the time of the appraisal. (ii) The "Investment Recovery Amo3n`t" shall equal the sum of. 1..x<. (1) the Additional Priyaf % vestment multiplied by a fiaction, the numerator of which is the number of years1einainifig.J the ninety-nine(99) year term at the time of exercise, and the denomir-At irbf which is my-nine(99);plus fir... (2) future rap�tal investment made in tie' ;Golf Course Property, excluding the Daycare Property, aft the dat9.!`LQettlement, rriii;tiplied by a fraction,the numerator of which is the number bt'`:ear `>~einaining in the ninety-nine (99) .."ea f( year term at the time of the future.capital investdi6K',- nd the denominator of which is ninety-nine (99). Spending on repay`*,=o:zeplacemenig*tat do not extend useful life shall not count toward future capital investzien `srr (c) Ug? :Pi occurrence,of aft1gJe` i g event under this Section 10,the :f•,�i�:�':, ...r„S.•:;. a City shall have sixty(f D�",& "s-fkblect,by-N'— notice tMeveloper,whether to exercise the City Repurchase�;;O06on. •y�f:�4�. FF.�� Y!4 1: (d) ;je Citpjase O On shall be exercisable only if, at the time of exercise,.the ,.y has'- to tted fo'esf bligh and operate a publicly accessible 18-hole golf co , 4...a r, g of pdir'ottiex mutualiygreeable public recreation facility on the entirety of the Golf Course:;property ex�ng f ','Daycare Property within two (2) years of the date of exerc s�, and shall then en -' eh facility for the remainder of the City Repurchase Option"t-erin. TlW.#ecific terms of the City Repurchase Option shall be further defined in the P irchpse-'.arid"Development Agreement. 10. Specia1 Terms. (a) Performance Grant. Notwithstanding any other provision of this Agreement, in consideration of Developer's performance and potential advancement of funds necessary to deliver a renovated public golf course, City will reimburse Developer for any costs Developer incurs in excess of the Public Infiastructure Cap and Project Cap (each cost,a"Performance Grant Expenditure")via a performance grant(the"Performance Grant")as set forth below: 10 (i) Amount of Performance Grant. The total amount of the Performance Grant will be the lesser of(i) the amount sufficient to reimburse Developer for any Performance Grant Expenditure as inflation-adjusted pursuant to an inflation index and methodology which shall be defined in the Purchase and Development Agreement, or (ii) $10,200,000, as adjusted by inflation. The parties acknowledge this amount is the projected Incremental Tax Revenue (defined below) to be generated by the Project over three years after full residential buildout. (ii) Funding of the Performance Grant. The Performance Grant will be funded with annual appropriations approved by City rCuncil into the Escrow Account in an amount equal to the incremental real estate to 0��aid at the Project. The incremental real estate taxes will calculated annually as theerence between(i)the real estate taxes assessed at the Property in the fiscal year p�j6`45!'$'-tlement(as the Property is publicly owned, that amount will be zero), and (ii),fth"—moui t:of real estate taxes paid at the Property after Settlement(the"Incremental rRevenue").t-ePerformance Grant ter.., will be funded by the City depositing the Increrr; l Tax Revenue,a9V'—"'Topriated,in the Escrow Account commencing the first fulrfiscal year following 51€lement. The Incremental Tax Revenue shall be used ec s t 'fi eimburse Developer for any Performance Grant Expenditure subject to inflapnd3ti'sment and Developer will be reimbursed following proof of expenses.incurred a--,.' ssion of a corresponding Draw Request. The parties shall execute a PerNmance Gra r A-eernent setting forth all further details and procedures. The City's obligatib:Wro.deposit`} .,'T_ueremental Tax Revenue into the Escrow Account shall terminate at'k�h til��, s# evZlQ i r has been reimbursed for all Performance Chant E e tii es. J5�� 4.�fl 1. (b) , rt��Maixi��rtance RiiDuring Closure.If the Golf Course is closed to public play for J re than si r(G consecut}v�ermontlis for reasons other than renovation or reconfiguration ot•��grpjJ-�;�� C st fal?y gondemnation, or force majeure, the City shall have�y#lte t ght, but1@01 obliga�io upon reasonable prior notice to Developer, to enter fhCaolF65of , e.;Proeyand perform such mowing,trimming, landscaping, debris xemy1 and relate' terioounds maintenance as the City reasonably determines neces`q _y to keep the"Qolf NUio-fin a sightly, safe, and orderly condition (the "City Main tf> pace").Develolrckrrowledges that the purpose of this right is to allow the City to protec%.hd preserve ft,;jappearance, safety, operational integrity and public-facing condition of tle'Golf Cot{rsetluring any extended closure.The City's exercise of such right ,r'rr•:, shall not constitute;,a is ss, taking, default by Developer, assumption of ownership or operational control;;ox assumption of any ongoing maintenance obligation. Any City Maintenance performed by the City shall be limited to exterior grounds maintenance and shall not include capital improvements,course restoration,structural repairs,or operational obligations. In the event that following a closure of more than six (6)months as described in this Section 10, the City does not ultimately exercise the City Repurchase Option, and the Golf Course Property remains under Developer's ownership or control,Developer shall reimburse the City for its reasonable costs incurred in performing such City Maintenance. (c) Standard of Operation of Golf Course. The standard of operation of the Golf Course will be established in the Purchase and Development Agreement. 11 (d) Compliance with laws. All development contemplated for the Project shall comply with all laws, mules and ordinances, including, but not limited to Article 18 of the City's Zoning Ordinance regarding special regulations in air installations compatible use zones. 11. Next Steus. (a) Closed session briefing on the Term Sheet and proposed project. (b) Public Briefing on Term Sheet and propiiProject. (c) Public Hearing on proposed sale QP` GSeiy to Developer. (d) Such other public engage menf'as dzrected by' ty Council. (e) Vote to approve: !(!r•l4 (i) Term Sheet(requNo� .At#-#fity vote). Sale o ol; erty. •,?: (iii) Teiminatbp o '' a witli-,;.,.,,'Authority (also requires Authority vote). ,. (tv) Disiibsition of-first Tee Property(may occur out of sequence before other step lfegofiion a jditmttjve documents to include a Purchase and Develogu7rit' girgxnent;` i21:.if no material changes from Term Sheet to Purchase and _..•� Devel6p lent Agreeit e t ein"r'ge, then the execution of Purchase and Development Agrde�ent shall occur-k- ater al;:tzhanges occur,then an additional vote by City Council would ii required. �" i F;.,��� :(g) T ,�:;s.,equence of steps set forth herein is approximate and the parties <: !.:'} may muhtally aFge>/, mange,modify,or reorder such steps as necessary or appropriate to facilitate the Trans)action. [SIGNATURES ON FOLLOWING PAGES) 12 CITY: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: Name: Title: City Managgt/Authorized Designee Attest: Date: �sSY•C �.e:' ti City Clerk I Authorized Designee "` f. J'1• APPROVED AS TO CONTENT: APPRfS=•% AS TO FORM: /•f�ifi�f, �rl��}iS�• IA Economic Development,:,,:, . Vv Gi ff fie :,F Fesvw / `�`. �l t?�.•. I a1 1;�TURESWNTl ; FOLLOWING PAGE] ' j�yl3•�J �'(,•'••• ens i`fi 19 �•`.!1!j� 'v 13 DEVELOPER: DRAGAS ASSOCIATES,INC., a Virginia corporation By: Name: Title: Date: T C :dF VIRGINIA BEACH DFPMENT AUTHORITY,a politicalizvision of the f.. `'' : .onuuonwelth..of Virginia 'TTz le: CHAIR/VICE-CHAIR Attest: ,-"%s` ;�•;%h�'' = : :Date: /;f`�Irt'':/ .•f '.•�'�?G %S%;fin• ' By: Se6retry/Assistant S�eetary ,y.,;. APPROVED AS TQ CONTENT: APPROVED AS TO FORM: Economic Development City Attorney 14 EXHIBIT A THE"PROPERTY" THE"RESIDENTIAL PROPERTY" I THE "FIRST TEE PROPERTY" THE"GOLF COURSE PROPERTY" I L Wei. Portion ofg4q Included'i' ' the.Praperty : Portio of PARC7jL G not included in 09 Piope i 16S Portion of PARCEL b PARCEL. . not Included In the Property PARCEL a PARCEL. o. a. PARCELS PARCEL A: 14945234340000 ENTIRE PARCEL PARCEL B: 14941372020000 ENTIRE PARCEL PARCEL C: 14943449190000 A PORTION OF PARCEL,ESTIMATED ABOVE PARCEL D: 14940352370000 A PORTION OF PARCEL,ESTIMATED ABOVE 15 21 K.2 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Resolution to EXTEND the City/School Revenue Sharing Policy to June 30, 2028 (Requested by Virginia Beach School 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 August 11, 2026 REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD 1 A RESOLUTION TO EXTEND THE MOST RECENTLY 2 ADOPTED CITY/SCHOOL REVENUE SHARING FORMULA 3 4 WHEREAS, the current City/School Revenue Sharing Policy was adopted on 5 November 19, 2019, and is set to expire on June 30, 2027; 6 7 WHEREAS, the policy exists to establish a procedure for allocating local tax 8 revenues between the City and the Virginia Beach City Public Schools; 9 10 WHEREAS, the School Board has formally requested the extension of the policy 11 until June 30, 2028; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 The currently adopted City/School Revenue Sharing Policy as amended, attached 17 hereto, shall remain in effect until June 30, 2028, at which time it will be reviewed and 18 considered for reauthorization unless otherwise directed by the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of August , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services e o the City Attorney CA-17280 R-1 July 29, 2026 P. City Council and U �� top .. School Board Policy �V � Title: City/School Revenue Sharing Policy Index Number: Date of Adoption: November 19,2019 Date of Revision: Page: I of G 1. Purpose 1.1. This policy(the "Policy') is to establish a procedure for allocating Local Tax Revenues between the City and the Public School System revenues estimated to be available in any given fiscal year. It is the intent of this Policy to provide a planning and allocation tool that yields sufficient funding to maintain Virginia Beach City Public Schools'academic success as well as the City's strategic goals. 1.2. This Policy is designed to accomplish these goals by providing better planning for school funding by clearly and predictably sharing local revenues. It provides a balance between the funding requirements for School and City programming. This Policy seeks to provide a diverse stream of revenues that mitigates dramatic changes in the economy by relying upon all local General Fund tax revenues that are under the City Council's control,rather than a subset of those revenues. It also recognizes decisions by the City Council to dedicate some of these same revenues to City and School priorities outside of the formula discussed herein. Notwithstanding anything in this Policy, at no time shall the City's funding for Schools be less than that required by Virginia law for the maintenance of an educational program meeting the Standards of Quality as established by the General Assembly and required by the Virginia Constitution. 2. Definitions: 2.1. "City"refers to the City of Virginia Beach exclusive of the Virginia Beach City Public Schools. 2.2. "Schools"refers to the Virginia Beach City Public Schools. 2.3. "Local Tax Revenues"refers to all General Fund revenues generated by non-dedicated local taxes:real estate (less dedications such as the Outdoor Initiative); Personal Property; General Sales; Utility; Virginia Telecommunications;Business Professional and Occupational License(BPOL)Tax;C i g a r e t t e (less dedication for Economic Development Incentive Program (EDIP)); Hotel; Restaurant Meals; Automobile License; Bank Net Capital; City Tax on Deeds; and City Tax on Wills. 2.4. "Dedicated Local Tax" refers to taxes that have been previously obligated by the City Council or State law to support specific projects or programs. Examples of dedicated local taxes that are excluded from this Policy include, but are not limited to: Tax Increment Financing District Revenues; Special Services Districts Revenues; taxes that represent"net-new revenues"and are required to be redirected or are the basis for the calculation of an incentive payment as part of a public-private partnership approved by City Council; taxes established to support Open Space; Agricultural Reserve Program; Tourism Advertising Program; Tourism Investment Program,referendum related taxes,and taxes used to support the BRAC project.A more complete discussion of such dedications is found in the Executive Summary and Operating Budget each year. 2.5. "Formula Percentage" means the percentage applied to the Local Tax Revenues to arrive at the Formula Revenues. 2.6. "Formula Revenues"means the amount of revenue the Policy provides for funding the Schools. 2.7. "General Fund Balance Reserve Policy" means the Policy adopted by the City Council on May 11,2004,which sets a range of 8% to 12% of the following year's budgeted revenues as the required undesignated fund balance. 2,8. "Net-new Revenues"as used in Section 2.4 means public-private partnership revenues generated by a project (or property)that exceed the Local Tax Revenues prior to the public-private partnership. 2.9. "Revenue Sharing Formula" refers to the method of sharing Local Tax Revenues between the City and the Schools. 2.10."Budgeted Local Tax Revenues" refers to the appropriation of revenues by City Council in May each year for the upcoming fiscal year beginning July 1. 2.11."Actual Local Tax Revenues" refers to the actual collected revenues reflected in the Comprehensive Annual Financial Report(CAFR). 2.12."School Reversion Funds" refers to unused expenditure appropriations and end of the year adjustments to the Revenue Sharing Formula revenues based on actual collections. 2.13."Schools Reserve Fund"means the fund established by the City Council on November 4,2013,which is subject to School Board Policy tt3-28 and is identified in the City's Financial System as Fund 220, 3. Procedure to Calculate the Revenue Sharing Formula: 3.1. Initial Estimate 3.1.1.In October, Budget and Management Services will develop an estimate of Local Tax Revenue for the upcoming fiscal year. 3.1.2.Estimated Formula Revenues. Using the estimate in the preceding subsection,the City's Department of Budget and Management Services will provide the estimated formula revenues to the Schools. The Estimated Formula Revenues is the result of the Local Tax Revenues multiplied by the Formula Percentage,which shall be 46.75%starting in FY 2020-21. 3.1.2.1.This formula calculation shall comprise the local contribution for the Schools pursuant to this Policy. 3.2. Final Estimate 3.2.1.In February, the City's Department of Budget and Management Services will develop a final estimate of the Local Tax Revenues. Using this estimate and the Formula Percentage, the City will derive a final estimated amount of Formula Revenues, which will be included in the City Manager's Proposed Operating Budget and communicated forthwith to the Schools. 3.2.2.The final estimated amount of Formula Revenues and the calculation thereof shall be clearly presented in the City Manager's Proposed Operating Budget and forwarded to the City Council for consideration as part of the annual budget process. 4. Procedure to Reauest Funding Above the Revenue Sharing Formula: 4.1. After receiving the Superintendent's Estimate of Needs, the School Board will notify the City Council by resolution that it has determined additional local funding is required to maintain the current level of operations or to provide for additional initiatives.The School Board's resolution will provide the following:1) that additional funding is required; 2) the amount of additional funding requested; 3) the purpose for the additional funding;and 4)that the School Board supports an increase in the real estate tax(or other local tax) should the City Council determine that such a tax increase is necessary. 4.2. The City Council,in its sole discretion may elect to provide revenue to Schools that is not consistent with this Policy.Such action by the City Council may include consideration of existing dedications or alternate sources of revenue or tax increases. if, after deliberation and appropriate public involvement, the City Council determines that additional tax revenues are required,the City Council may adopt a tax rate increase to any revenue stream within this formula to generate additional local tax revenue. 4.3. Should the City Council dedicate such increase in local taxes, that dedication will be treated in the same manner as other Dedicated Local Tax. If the City Council does not dedicate the increased taxes,this revenue will be part of the Local Tax Revenues for purposes of this Policy. 5. Deviations from Budgeted Local Tax Revenues: 5.1. If,at the end of the fiscal year,the Actual Local Tax Revenues exceed the Budgeted Local Tax Revenues,the amount of excess revenue will be subject to the same treatment as similar revenues in the budget process for the immediately preceding fiscal year. However, any excess revenue is first subject to the General Fund Balance Reserve Policy.If such excess funds are not required for the General Fund Balance Reserve Policy,the School Board may request that such funds be appropriated at the same time as the appropriation of reversion funds,discussed in Section 6.3,below. 5.2. If, the City, through the Manager or their designee, anticipates at any time during the fiscal year that actual revenues will fall below budgeted revenues, the School Board, upon notification by the City Manager or his designee of such an anticipated shortfall,will be expected to take necessary actions to reduce expenditures in an amount equal to the School's portion of the shortfall. 6. Reversion of Formula Revenues: 6.1. All other sources of funding shall be expended by the Schools prior to the use of Local Tax Revenues. 6.2. All balances of Local Tax Revenues held by the Schools at the close of business for each fiscal year ending on June 30th(to include the accrual period)lapse and revert to the fund balance of the City's General Fund. 6.3. Reversion Appropriation Process: The School Board may request, by resolution, the reappropriation and appropriation of funds resulting from the end of the fiscal year.This request should consider the following: 6.3.1.The use of funds whose appropriation has lapsed because of the end of the fiscal year and reverted to the fund balance of the City's General Fund.See Section 6.2. 6.3.2.The use of excess funds discussed in Section 5.1. 6.3.3.The calculation of actual debt payments for the fiscal year recently closed as compared to the estimated debt payments upon which the fiscal year's budget was appropriated.If the actual debt payment exceeds estimated debt payments,the amount of the Schools'reversion funds will be reduced by this difference. If actual debt is less than estimated debt payments,the amount of the Schools'reversion funds will be increased by this difference. 6.3.4.The Schools'Office of Budget Development will confer with Budget and Management Services to verify that there is sufficient fund balance in the General Fund to meet the City Council Fund Balance Policy. If there is insufficient fund balance according to the Fund Balance Policy,the City Manager shall notify the Superintendent of this condition. 6.3.5.The School Board resolution may request the use of excess or reversion funds for one-time purchases or to be retained according to the applicable policy for the Schools Reserve Fund. 6.3.5.1.Upon receipt of the resolution, Budget and Management Services shall prepare an ordinance for City Council's consideration of the School Board's request at the earliest available City Council meeting. 6.3.5.2.Following City Council's action, Budget and Management Services shall notify the Schools of the City Council's decision and shall adjust the accounting records accordingly. 7. Health Insurance Premiums 7.1. Both the City and Schools have a consolidated health insurance plan with equal health benefit coverage and offerings. Recommendations on premium adjustments as well as plan design changes are made by the Benefits Executive Committee(BEC)comprised of staff members from both City and Schools.Recommended health insurance premiums, as well as, plan offerings for both city and school employees, should remain in unison, to the greatest extent possible, with School annual health premiums not being below the recommended annual health premiums of the City. 7.2. Should the School Board desire to establish employee premiums below the City employee premiums, the School Board will notify City Council by resolution of the desired change. The resolution will provide the following: 1)the desire to decrease premiums;2)the reason as to why the lower rates are being requested;3) the requested premium rates and effective date; 4) the recommended employer contribution change and revenue sources supporting changes; and 5) a proiection of the health fund balance demonstrating future sustainability. .7.8.Revision to the City/School Revenue Sharing Policy: -74.8_1.The Superintendent,City Manager,Schools' Chief Financial Officer, and the City's Director of Budget and Management Services shall meet annually to discuss changes in State and Federal revenues that support Schools' operations, any use of "one-time" revenues, and any adjustments made to existing revenues affecting this formula. If they determine that an adjustment is needed, the City Manager and the Superintendent will brief the City Council and the School Board respectively. 4-48_2.City Council may revise this Policy in its discretion after consultation with the School Board. 7-.2,8_3.If no other action is taken by the City Council and the School Board,this Policy shall remain effective until June 30,20242028,at which time it will be reviewed and considered for reauthorization. APPROVED: As to Content: School Superintendent Date City Manager Date As to Legal Sufficiency: City Attorney Date Approved by School Board: School Board Chairman Date APPROVED BY CITY COUNCIL: Mayor Date 22 K.3 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT Bridget Henzel to the position of Assistant City Attorney, effective July 9, 2026 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 August 11, 2026 1 AN ORDINANCE APPOINTING BRIDGET HENZEL TO THE 2 POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to§2-166 of the City Code, Bridget Henzel is hereby appointed to the 8 position of Assistant City Attorney, effective July 9, 2026. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of August , 2026. APPROVED AS TO CONTENT AND LEG L SUFFICIENCY: orney s ice CA17286 R-1 July 30, 2026 23 K.4 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the issuance of Revenue Bonds in an amount not to exceed $7-Million by the Virginia Beach Development Authority (VBDA) re Victoria Place Apartments 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 August 11, 2026 1 A RESOLUTION APPROVING THE ISSUANCE BY THE 2 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 3 OF ITS REVENUE BONDS FOR THE ACQUISITION, 4 CONSTRUCTION, RENOVATION, REHABILITATION AND 5 EQUIPPING OF THE APPROXIMATELY 122-UNIT 6 VICTORIA PLACE APARTMENTS MULTIFAMILY HOUSING 7 FACILITY LOCATED IN THE CITY OF VIRGINIA BEACH, 8 VIRGINIA 9 10 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is 11 authorized to advertise and hold public hearings relative to the issuance of private activity 12 bonds; 13 14 WHEREAS, the Authority(a) has considered the application of Victoria Place, L.P., 15 a Virginia limited partnership (the "Borrower"), requesting that the Authority issue its 16 revenue bonds (the "Bonds") in a maximum stated principal amount of $7,000,000 to 17 assist the Borrower or a party related to the Borrower in financing or refinancing a portion 18 of (i) the cost of acquiring, constructing, renovating, rehabilitating and equipping an 19 existing, affordable, senior-designated multifamily residential rental housing project 20 consisting of one four-story building of approximately 141,404 total square feet of floor 21 area containing approximately 122 units known as Victoria Place Apartments (the 22 "Project") on approximately 3.07 acres of land located at 4629 Shore Drive in the City of 23 Virginia Beach, Virginia and expected to be owned and used by the Borrower or a party 24 related to the Borrower, (ii) the funding of reserve funds as permitted by applicable law 25 and (iii) the costs incurred in connection with the issuance of the Bonds (collectively, the 26 "Plan of Finance") and (b) has held a public hearing in connection therewith on July 14, 27 2026 (the "Public Hearing"); 28 29 WHEREAS, the Project shall be established and maintained as a "qualified 30 residential rental project" within the meaning of Section 142(d) of the Internal Revenue 31 Code of 1986, as amended (the "Code"); 32 33 WHEREAS, Section 147(f) of the Code provides that the applicable elected 34 representatives of the governmental unit having jurisdiction over the issuer of private 35 activity bonds and over the area in which any facility financed with the proceeds of private 36 activity bonds is located must approve the issuance of such bonds; 37 38 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 39 Virginia (the "City") and the Project is located in the City; 40 41 WHEREAS, the Authority, as the issuing governmental unit with respect to the 42 Bonds, has no applicable elected representative, the City constitutes the next highest 43 governmental unit with such a representative, and the members of the City Council of the 44 City (the "Council') constitute the applicable elected representatives of the City; 45 46 WHEREAS, the Authority has recommended that the Council approve the 47 issuance of the Bonds; and 48 WHEREAS, a copy of the Authority's resolution approving the Issuance of the 49 Bonds, a certificate of the Public Hearing, a summary of the statements expressed at the 50 Public Hearing and the fiscal impact statement concerning the Plan of Finance have been 51 filed with the Council. 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA: 55 56 1, The Council approves the issuance of the Bonds by the Authority, in one or 57 more series at one time or from time to time, In an aggregate maximum stated principal 58 amount of$7,000,000 for the benefit of the Borrower or a party related to the Borrower, 59 as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia 60 of 1950, as amended to permit the Authority to assist in the financing of the Plan of 61 Finance. 62 63 2. The approval of the issuance of the Bonds does not constitute an endorsement 64 to a prospective purchaser of the Bonds of the•creditworthiness of the Plan of Finance or 65 the Borrower. 66 67 3. In accordance with Chapter 643 of the Acts of Assembly of 1964, as amended, 68 the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit or 69 taxing power of the Commonwealth or any political subdivision thereof, including the 70 Authority and the City. 71 72' 4. In adopting this resolution, the City, including its elected representatives, 73 officers, employees and agents, shall not be liable for, and hereby disclaim all liability for, 74 any damages to any person, direct or consequential, resulting from the Authority's failure 75 to issue the Bonds for any reason, 76 77 5. This resolution shall take effect immediately upon its adoption. 78 79 Adopted by the City Council of the City of Virginia Beach,Virginia on the 11th day 80 of August , 2026. APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Economic Development City Attorney CA 17178 %1vbgov.comNfs iiappocowns%waimycom32lwpdoutd0201p054fo1148010.d= R-1 July 28, 2026 CERTIFICATE OF VOTES The following is a record of the vote by the Council of the City of Virginia Beach, Virginia (the "Council'), on the foregoing resolution, approved at a duly called regular meeting of the Council held on August 11, 2026, at which meeting a quorum of the Council was present: AYE NAY ABSTAIN ABSENT Robert M. Dyer, Mayor Rosemary Wilson, Vice Mayor Michael Berlucchi Stacy Cummings Barbara Henley David Hutcheson Cal "Cash" Jackson-Green Robert W. "Worth" Remick Dr. Amelia Ross-Hammond Jennifer V. Rouse oashua F. Schulman - 01 Am da b—a-rLeV, C4 Clerk Council of the City of Virginia Beach, Virginia 43910463v2 24 K.5 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a five (5) year Ground Lease Agreement with T-Mobile Northeast, LLC for a portion of City-owned property at 616 North Great Neck Road re maintaining and operating wireless telecommunications facilities 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 August 11, 2026 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER 2 TO EXECUTE A GROUND LEASE AGREEMENT FOR 3 CITY-OWNED PROPERTY LOCATED OFF NORTH 4 GREAT NECK ROAD WITH T-MOBILE NORTHEAST,LLC 5 FOR THE PURPOSE OF MAINTAINING AND OPERATING 6 WIRELESS TELECOMMUNICATIONS FACILITIES 7 8 WHEREAS,since2010, the City of Virginia Beach("City")hasleased a twenty-five 9 (25) foot by twenty-five (25) foot piece of land located at 616 North Great Neck Road 10 ("Premises") to T-Mobile Northeast, LLC ("T-Mobile") for purposes of maintaining and 11 operating wireless telecommunications facilities; and 12 13 WHEREAS, the most recent lease expired on March 23, 2025; and 14 15 WHEREAS,T-Mobile has been a holdover tenant on the Premises since the most 16 recent lease expired; and 17 18 WHEREAS,T-Mobile hasbeen paying rentto the City foruseof the Premises and is 19 current on its rent payments to the City;and 20 21 WHEREAS,afterworking with T-Mobile forover a year to extend the most recent 22 lease, the parties have agreed to terms and the City desires to execute a new five-year 23 lease agreementwith T-Mobile to authorize the continued use of thecommunications tower 24 and ground facilities on the Premises;and 25 26 WHEREAS,the proposed new lease is for the same twen ty-five(25)foot by twen ty- 27 five(25)footpieceofiandon which the commun!cations tower,utilityeasement,accessory 28 structures, and equipment are currently located; and 29 30 WHEREAS, the proposed new lease will grant T-Mobile the continued right of 31 ingress and egress to access the Premises; and 32 33 WHEREAS, the proposed new lease is for a term of five(5)years and the first year 34 rent is$23,673.05 with an annual escalation of three (3)percent. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute a ground lease agreement 40 with T-Mobile Northeast,LLC fora term of five(5)years in accordance with the Summary 41 of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, 42 conditions, or modifications as may be acceptable to the City Manager and in a form 43 deemed satisfactory by the City Attorney. Adopted by the Council of the Cityof Virginia Beach,Virginia,on the l lth day of August , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P bllc Works City Attorney's Office CAI 7282 R-1 July 29, 2026 2 ' r EXHIBIT A SUMMARY OF TERMS Ground Lease Agreement for T Mobile Northeast, LLC Premises: 25'x 25'site located off North Great Neck Road (GPIN 1486-74-3899) and the right of ingress and egress necessary to access the site Lessee: T-Mobile Northeast, LLC ("T-Mobile") Purpose: The lease will authorize T-Mobile to continue to utilize the tower, utility easement, and equipment currently located on the Premises. Term: Five (5) year term Rent: The first-year rent is$23,673.05 with an annual escalation of three(3) percent. Surety: Lessee will post $7,000 security deposit for removal of facilities. Insurance: Lessee must maintain comprehensive commercial general liability insurance in the amount of $2,000,000, in addition to other liability insurances required by Risk Management. Termination: Lease may be terminated upon sixty (60) days' written notice to the other party for reasons stated in the lease. Other: Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease. 25 K.6 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned right-of-way known as Twin Mills Road re construct and maintain a monument sign with landscaping and underground electrical conduit DISTRICT 5 Voting: 10—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 and Joashua F. "Joash" Schulman Council Members Abstaining: Rosemary C. Wilson August 11, 2026 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF AN 5 EXISTING CITY RIGHT-OF-WAY KNOWN AS 6 TWIN MILLS ROAD 7 8 WHEREAS, Virginia Electric & Power Company, a Virginia public service 9 corporation, doing business as Dominion Energy Virginia (the "Applicant"), has requested 10 permission to construct and maintain a monument sign, together with associated 11 landscaping, and underground electrical conduit, within a portion of the existing City right- 12 of-way known as Twin Mills Road (the "Temporary Encroachments"); and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's rights-of-way subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns 23 and successors in title is authorized to construct and maintain a monument sign, together 24 with associated landscaping, and underground electrical conduit in the City's right-of-way 25 as shown on the map entitled: "DOMINION ENERGY CREW BUILDING MONUMENT 26 SIGN LOCATION EXHIBIT", Scale: 1" = 100', dated March 30, 2026, a copy of which is 27 attached hereto as Exhibit A and on file in the Department of Public Works and to which 28 reference is made for a more particular description; 29 30 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 31 expressly subject to those terms, conditions and criteria contained in the agreement 32 between the City of Virginia Beach and the Applicant (the "Agreement"), a copy of which 33 has been presented to the Council in its agenda, and will be recorded among the records of 34 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 35 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement; and 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 40 such time as Virginia Electric & Power Company, a Virginia public service corporation, 41 doing business as Dominion Energy Virginia, and the City Manager or his authorized 42 designee execute the Agreement. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th 45 day of August 20 26. i APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: rs� ikl� P ,iBL Y IC WOR S, REAL ESTATE Ir5T&Y CA17156 \\vbgov.com\dfs 1\application s\citylaw\cycom32\vrpdocs\d023\p053\01146911.doc R-1 Prepared: 7/24/26 2 ��4G1NiAL-BEA �� �i.�, � City of V�-giriia Beach U ;_- � i z Op OUR NATj0NS VBgtjv com ROSEMARY WILSON PHONE:(757)422-0733 VICE MAYOR RCW1scn(cbvbQov.com COUNCIL MEMBER-DISTRICT 5 August 11, 2026 In Reply Refer to 0103738 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declarations: 1. 1 am executing this written disclosure regarding the City Council's consideration of an ordinance to authorize temporary encroachments into a portion of City right-of-way known as Twin Mills Road, as requested by Virginia Electric and Power Company ("applicant"). 2. The applicant is a subsidiary of Dominion Energy, Inc. I have a personal interest in Dominion Energy, and its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. 1 hereby disclose this interest, and I will abstain from participating in the City Council's consideration of this item. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance. Sincerely, Rosemary A. Wilso Vice Mayor RAW/RRI 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 NOTES: 1. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING _ MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. -� DAM NECK ROAD 2. THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF VARI A LLEE•TWI T I RICH -OF-WAY A TITLE REPORT. YB t4l P10E 11 NORTHING: 3454874,33 _.FEASTING: 12208212.31. EXISTING 1' NO INGRESS/EGRESS r EASEMENT (MB 257, PG, 4 PROPERTY LINES (TYP) EXISTING,HRSD FORCE MAIN EXISTING VARIABLE WIDTH HRSD EASEMENT �;• ,, C (INSTRUMENT NO: 202403080218) (DS 1331, PG. 363) 'o EXISTING CITY STORM SYSTEM (TYP) / C' �f EXISTING 6" DIP CITY FORCE MAIN 11 f LANDS N/F f/'N VIRGINIA ECOMPANYND POWER 140' DOMINION j INSTRUMENT NO. 202403035156co TRANSMISSION EASEMENT /`�, M.B 5184 PG.4 INSTRUMENT NO. 20230329116 I ;� a AREA=602,526 S0. FT. OR 13.8321 ACRES �`• / Z� 1585 DAM NECK ROAD \ NORTHING: 3454343.45 Al f •-EASTING: 12207970.11 53� \ Jai 185' OF PROPOSED UNDERGROUND Er1TT1W �'' ' ELECTRICAL CONDUIT 04 1S " TO MONUMENT SIGN _ LONG `� 5 - �Llc. Na. 04o2g74973 `�$IpMAL 1 PROPOSED MONUMENT SIGN AND LANDSCAPING `\,` LANDS N/F ` TOTAL ENCROACHMENT = 225 SF GOVERNMENT EMPLOYEES SIGN DIMENSION = 6' LONG X INSURANCE CO 1.125' WIDE X 4' TALL �%/ 24059356050000 \,J . /. 1345 PERIMETER P WY , NORTHING: 3454086.02 �j 217.0 )�}- '�. fi EAST/NG: 12208170.36 VIRGINIA STATE PLANE COORDINATE NORTH NORTHING: 3454105.95 SYSTEM SOUTH ZONE, NAD 1983 /1993 EASTING: 12208122.06 (HARN) COORDINATE VALUES SHOWN ARE r EXPRESSED IN U.S. SURVEY FEET GRAPHIC SCALE IN FEET TE 0 50 190 200 onm mBy NEC DOMINION ENERGY CREW BUILDING " MONUMENT SIGN LOCATION EXHIBIT Kimlc; ))��" � EXHIBIT A PREPARED BY VIRGINIA BEACH CITY ATrORNEY`S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this ZVJ ' day of Tu 1J t 2014 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and VIRGINIA ELECTRIC & POWER COMPANY, a Virginia public service corporation, d/b/a DOMINION ENERGY VIRGINIA ("Dominion Energy") ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL A" as shown on that certain plat entitled: "SUBDIVISION PLAT OF A PORTION OF THE TAYLOR FARMS PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA," Scale 1" = 100', dated November 18, 1996, prepared by Horton & Dodd, P.C, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 257, at page 4, and being further designated, known, and described as 1824 Twin Mills Road, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain a monument sign measuring 6 feet long by 1.125 feet wide by 4 feet tall, together with associated landscaping not to exceed 225 square feet, and 185 linear feet of underground electrical conduit, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Twin Mills Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: CITY RIGHT OF WAY (NO GPIN REQUIRED OR ASSIGNED) GPIN: 2405-84-8720 (1824 Twin Mills Road) 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: "DOMINION ENERGY CREW BUILDING MONUMENT SIGN LOCATION EXHIBIT' Scale: 1" = 100', dated March 30, 2026, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that Grantee will not disturb or remove any existing trees within the City's right-of-way known as Twin Mills Road, without the prior written consent of City. 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. 2 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 and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 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 prior to issuance of a right-of-way Permit, the Grantee must post a bond or other security, In the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 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 3 assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that 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, the said Dominion Energy Virginia has caused this Agreement to be executed in its corporate name and on its behalf by Kyle M. Young, its Authorized Representative. 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) 4 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 MANAGERIAUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 VIRGINIA ELECTRIC & POWER COMPANY, a Virginia public service corporation ByIV /lf.(C _ _ __-- (SEAL) Name: KyLE r�t. to,,A�� Title: Aurcfo912�b QcPRC5j-:MTA'r�t/E STATE OF VtRGtNM CITY OF V1RGINIA-BEAC-H, to-wit: The foregoing instrument was acknowledged before me this ; day of ,mod -��LY1e , 20J by& �as Q, &&f u; ;na. EltcE �r r — (SEAL) N Mary Pitt Ciera Cheever 1 aPublic,State of South Carolina Notary Registration Number: N � ission Expires March toth 2030 My Commission Expires: 1')' 0QfCYI In G APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS- REAL ESTATE CITY ATTORNEY 6 NOTES: 1. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. f , f/ DAM NECK ROAD 2, THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF 1 _ VARIABLE WIDTH RIGHT-OF-WAY A TITLE REPORT. - kw.T PAM MX Rawur =-A R o ue I97,PAM 34 ._ ._. ` ` :o. a o =NORTHING: 3454874.33 1 ' '= ' Y'? # =-FEASTING: 12208212.31 F' ' - EXISTING 1' NO INGRESS/EGRESS EASEMENT (MB 257, PG. & 5).. -- z JAY \`_ _ /jf / // PROPERTY LINES (TYP) ` EXISTING HRSD FORCE MAIN \\\ y EXISTING VARIABLE WIDTH HRSD EASEMENT INS 363)ENT NO: 202403080218) (DB 1331, (I '0 \\\ zcUo f i EXISTING CITY STORM SYSTEM (TYP) � dZN` EXISTING 6" DIP CITY FORCE MAIN LANDS N/F n VIRGINIA ELECTRIC AND POWER \ it lti l \ 11 LrJ COMPANY -� t \\\ TRANSMISSION DOMIENION SEMENT ?l IN5TRUMMf BT N57 P�403035156 \� INSTRUMENT NO. 2405-84-8720 20230329116 l AREA=602,526 SQ. FT. OR J Zl< 13.8321 ACRES 1585 DAM NECK ROAD 4F NORTHING: 3454343.45 L ,FASTING: 12207970.11 \ 185' OF PROPOSED UNDERGROUND Cy S ELECTRICAL CONDUIT , . :�\' KYLE MATCNEW J't °04., 1 r LONG ' LEC 53 TO MONUMENT SIGN `�s 0402010973 a �� �S$�ONAL Ft1 PROPOSED MONUMENT SIGN AND A /1 LANDSCAPING LANDS N/F r TOTAL ENCROACHMENT = 225 SF ) GOVERNMENT EMPLOYEES SIGN DIMENSION = 6' LONG X l ) INSURANCE CO / 1.125' WIDE X 4' TALL / ��n 4 00 1345 PERIMETER IMETERPKWY 217°0- NORTHING: 3454086.02 -) /,y / EASTING: 12208170.36 VIRGINIA STATE PLANE COORDINATE NORTH 'NORTHING: 3454105.95 \ SYSTEM SOUTH ZONE, NAD 1983 /1993 EASTING: 12208122.06 (HARN) COORDINATE VALUES SHOWN ARE / - --.� ✓ EXPRESSED IN U,S, SURVEY FEET GRAPHIC SCALE IN FEET OATE 03- 03"aa2ozs 0 50 100 200 DOMINION ENERGY CREW BUILDING __� b KS'�BY CKf& BY MONUMENT SIGN LOCATION EXHIBIT Kimley)))Horn, EXHIBIT A 26 K.7 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to DONATE twenty-five (25) ballistic vests to the Department of Emergency Medical Services (EMS) of Northampton County re enhance personnel safety 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 August 11, 2026 1 AN ORDINANCE TO DONATE EQUIPMENT TO THE 2 NORTHAMPTON COUNTY DEPARTMENT OF 3 EMERGENCY MEDICAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 A donation of 25 ballistic vests from the Virginia Beach Department of Emergency 9 Medical Services to the Northampton County, Department of Emergency Medical 10 Services is hereby authorized. The equipment is to be donated in "as is, where is, with all 11 faults" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of August , 2026 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ZA-r-"�4uitbt BLhget and Wanagement Services orney's Office CA17284 R-1 July 30, 2026 27 K.8 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $187,626 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget re Peer Pilot Program for individuals adjudicated as Not Guilty by Reason of Insanity(NGRI) and AUTHORIZE two (2)full-time grant funded positions re targeted peer support services 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 August 11, 2026 I AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $187,626 FOR A NOT GUILTY BY REASON OF INSANITY 3 PEER PILOT PROGRAM AND TO AUTHORIZE TWO 4 GRANT-FUNDED POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $187,626 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services and appropriated, with revenue increased 11 accordingly, to the FY 2026-27 Department of Human Services Operating 12 Budget for the Peer Pilot Program for individuals adjudicated as Not Guilty By 13 Reason of Insanity. 14 15 2. 2.0 positions are hereby authorized with the FY 2026-27 Operating Budget of 16 the Human Services Department. Such positions are conditioned upon 17 continued grant funding from the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of August , 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: D AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CAI 7278 R-1 July 29, 2026 28 K.9 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $45,540.70 from the Virginia Department of Health's Office of Emergency Medical Services to the FY2026-27 Department of Emergency Medical Services (EMS) Operating Budget and AUTHORIZE a grant match of$45,540.70 from existing funds in Capital Project#100729, "Public Safety Equipment Replacement II" re purchase one (1) Stair Pro Stair Chair and three (3) Power Stretchers 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 August 11, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF HEALTH'S 3 OFFICE OF EMERGENCY MEDICAL SERVICES AND TO 4 AUTHORIZED A GRANT MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $45,540.70 is hereby accepted from the Virginia Department of Health's Office of 10 Emergency Medical Services and appropriated, with revenue increased 11 accordingly, to the FY 2026-2027 Operating Budget of the Department of 12 Emergency Medical Services to purchase one Stair Pro Stair Chair and three 13 Power Stretchers. 14 15 2) A local match of$45,540.70 is hereby authorized from existing appropriated funds 16 within Capital Project#100729, "Public Safety Equipment Replacement II". Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of August , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Management Services ney's Office CAI 7279 R-1 July 29, 2026 29 K.10 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $28,236 from the Congestion Mitigation and Air Quality Improvement Program (CMAQ)to the FY2026-27 Non- Departmental Operating Budget re reimbursement to the Vehicle Replacement 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 August 11, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 REIMBURSEMENT FUNDING TO SUPPORT THE 3 CITY'S VEHICLE REPLACEMENT PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 6 $23,236 is hereby accepted from the Congestion Mitigation and Air Quality 9 Improvement Program and appropriated, with revenues increased accordingly, to the FY 10 2026-27 Operating Budget of Non-Departmental for the vehicle replacement program. Adopted by the Council of the City of Virginia Beach, Virginia, on the I I thday of August 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services rney's Office CA17283 R-1 July 30, 2026 30 K.11 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $26,621 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget re Problem Gambling Prevention 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 August 11, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT THE PROBLEM GAMBLING PREVENTION 3 PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 B $26,621 is hereby accepted frorn the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2026-27 Department of Human Services Operating 11 Budget for the Problem Gambling Prevention Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of August , 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget andlVfanagement Services City A orney's Office CA17276 R-1 July 29, 2026 31 K.12 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $8,775 from the Virginia Department of Historic Resources (DHR) to the FY2026-27 Planning and Community Development Operating Budget; AUTHORIZE a grant match of$8,775; and AUTHORIZE the City Manager to EXECUTE a Subgrant Agreement re update one (1) National Registrar of Historic Places nomination 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 August 11, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF HISTORIC 3 RESOURCES AND TO AUTHORIZE A GRANT MATCH 4 5 BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $8,775 is hereby accepted from the Department of Historic Resources and 9 appropriated, with revenue increased accordingly, to the FY 2026-27 Operating 10 Budget of the Department of Planning, to update one National Registrar of Historic 11 Places nomination. 12 13 2. A local grant match of$8,775 is hereby authorized from existing resources in the 14 Department of Planning's Operating Budget. 15 16 3. The City Manager is hereby authorized to execute a subgrant agreement with the 17 Department of Historic Resources. Adopted by the Council of the City of Virginia Beach, Virginia on the l lth day of August , 2026. Requires an affirmative vote by a majority of all members of the City Council APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ' I SUFFICIENCY: AA Budget and anagemen Services orney's Office CA17275 R-1 July 29, 2026 32 K.13 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $6,699 from the Commonwealth to the FY2026-27 Office of the Voter Registrar Operating Budget re fund salary adjustments approved by the General Assembly 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 August 11, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE COMMONWEALTH TO THE OFFICE OF THE 3 VOTER REGISTRAR 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $6,699 is hereby accepted from the Commonwealth and appropriated, with 9 revenue increased accordingly, to the FY 2026-27 Operating Budget of the Office of the 10 Voter Registrar to fund salary adjustments approved by the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia on the llth day of August , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �. �' C W4 S2 I Budget and Management 8ervices i y Attorney's Office CA17281 R-1 July 24, 2026 33 L.1 PLANNING The City Clerk called the following speakers: Rob Beaman, Attorney for Applicant, 222 Central Park Avenue, Phone: 647-7797, spoke in SUPPORT David Lamb, 1445 Lake Christopher Drive, Phone: 777-2173, spoke in SUPPORT Ashley Malinowski, 5756 Infinity Lane, Phone: 607-422-0238, did not respond Patricia O'Brien, Children's Health Insurance Program, 401 Sunderland Terrace, Chesapeake, Phone: 729-5633, spoke in SUPPORT Chaneya White, 5672 Infinity Lane, Phone: 516-592-1049, did not respond Danielle Swartz, President- Brigadoon Civic League, Phone: 309-323-4101, spoke in OPPOSITION Samantha Roaquin, President-Charlestowne Area Civic League, 1753 Legare Lane, spoke in OPPOSITION Mia Douglas,Vice President—Brandon Civic League, 5776 Albright Drive, Phone: 439-1253, spoke in OPPOSITION Margaret Brzostek, Representing—Lake South Civic League, 1965 Livingston Oak Drive, Phone: 615-0049, spoke in OPPOSITION Jeremy Wing, 1165 Eagle Way, Phone: 848-6254, spoke in OPPOSITION Melissa Draudt, 3137 Sacramento Drive, Phone: 288-7101, spoke in OPPOSITION Kathleen Winemiller, 5644 Myers Drive, Phone: 969-7648, did not respond Robert Ryan, 1768 Dylan Drive, Phone: 348-4535, spoke in OPPOSITION After City Council discussion, Council Member Jackson-Green made a motion, seconded by Council Member Hutcheson, to APPROVE application of BH FARMHOUSE, LLC/THE FARMHOUSE LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width and a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional B-4 Mixed-Use District re develop site into a 251-unit multi-family development with commercial space at 1805 Kempsville Road DISTRICT 7 After further City Council discussion, Council Member Hutcheson made a SUBSTITUTE MOTION, seconded by Council Member Rouse, to DEFER FOR 30-DAYS, application of BH FARMHOUSE, LLC/THE FARMHOUSE LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width and a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional B-4 Mixed-Use District re develop site into a 251-unit multi- family development with commercial space at 1805 Kempsville Road DISTRICT 7 August 11, 2026 34 L.1 PLANNING (Continued) Voting: 10— 1 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 and Rosemary Wilson Council Members Voting Nay: Joashua F. "Joash" Schulman August 11, 2026 35 L.2 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, application of RONALD KISER/ RON &TARAH KISER for a Change in Nonconformity re construct a detached garage/storage shed at 1330 Credle Road DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RONALD KISER/ RON &TARAH KISER for a Change in Nonconformity re construct a detached garage/storage shed at 1330 Credle Road (GPIN 2416287081) DISTRICT 6 The following conditions shall be required: 1. The change in nonconformity shall be developed in substantial conformance with the layout plan prepared by Hayden Frye and Associates, Inc. and titled "Layout Plan", dated March 23, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The structure shall be developed in substantial conformance with the elevations prepared by American Metal Garages and titled, "Garage/Shed Elevations 1330 Credle Rd," and dated April 30, 2026,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 4. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11th day of August, 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 August 11, 2026 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 1330 CREDLE ROAD 4 5 WHEREAS, Ronald Kiser (the "Applicant") has made application to the City 6 Council for authorization to expand the nonconforming dwelling located at 1330 Credle 7 Road and zoned 1-1 Light Industrial; 8 9 WHEREAS, this parcel currently contains a duplex dwelling that does not meet the 10 current zoning regulations. The subject property was rezoned from R-D2 (Residential 11 Duplex District) to 1-1 (Light Industrial District) sometime during or after 1973. Duplexes 12 are not a permitted use within the 1-1 Light Industrial District. The dwelling was 13 constructed by 1970, prior to the adoption of the applicable zoning regulations, and is 14 therefore nonconforming; 15 16 WHEREAS, the proposed expansion to the dwelling includes building a detached 17 garage/storage shed on the subject parcel, which will be considered accessory to the 18 existing residence. 19 20 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 21 approval of this application on July 8, 2026; and 22 23 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 24 of a nonconforming use is unlawful in the absence of a resolution of the City Council 25 authorizing such action upon a finding that the proposed structure as expanded is equally 26 appropriate or more appropriate to the zoning district than the existing structure. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City Council hereby finds that the proposed nonconforming structure as 32 expanded, will be equally or more appropriate to the district as is the existing structure 33 under the conditions of approval set forth herein below. 34 35 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 36 BEACH, VIRGINIA: 37 38 1. The change in nonconformity shall be developed in substantial conformance with the 39 layout plan prepared by Hayden Frye and Associates, Inc. and titled "Layout Plan", 40 dated March 23, 2026, which has been exhibited to the Virginia Beach City Council 41 and is on file with the Department of Planning & Community Development, 42 43 2. The structure shall be developed in substantial conformance with the elevations 44 prepared by American Metal Garages and titled, "Garage/Shed Elevations 1330 45 Credle Rd," and dated April 30, 2026, which has been exhibited to the Virginia Beach 46 City Council and is on file with the Department of Planning & Community 47 Development. 48 49 3. The applicant shall obtain all necessary permits and inspections from the Department 50 of Planning & Community Development. 51 52 4. City Ordinances and Standards remain applicable to this property. Any site plan/plat 53 submitted with this application must meet all applicable City Codes and Standards 54 before site plan/plat approval will be granted. All applicable permits required by the 55 City Code, including those administered by the Department of Planning/Development 56 Services Center and Department of Planning / Permits and Inspections Division, and 57 the issuance of a Certificate of Occupancy, are required before any approvals allowed 58 by this application are valid. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day Of August , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lanning and Community Ci y Attorney's Office Development CA17268 R-1 June 22, 2026 2 11 1�1 R5D ,_. CREOLE RD R5D ----------------- Site Ronald Kiser Zoning 1330 Credle Road Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 7/14/2026 36 L.3 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, application of PUNGO SQUARE REAL ESTATE, LLC&ALLAN W. BROCK,JR. for a Conditional Change of Zoning from B-1 Neighborhood Business District & AG-2 Agricultural District to Conditional B-2 Community Business District re allow additional retail businesses at 1776 Princess Anne Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PUNGO SQUARE REAL ESTATE, LLC&ALLAN W. BROCK,JR.for a Conditional Change of Zoning from B-1 Neighborhood Business District &AG-2 Agricultural District to Conditional B- 2 Community Business District re allow additional retail businesses at 1776 Princess Anne Road (GPIN 2413012423) DISTRICT 2 The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11th day of August, 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 August 11, 2026 PUNGO SQUARE REAL ESTATE,LLC,a Virginia limited liability company ALLAN W. BROCK,JR. . TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 30th day of April, 2026, by and between PUNGO SQUARE REAL ESTATE, LLC, a Virginia limited liability company, party of the first part, Grantor; ALLAN W. BROCK, JR., 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 Grantors herein are together the owners of a certain improved parcel of property located in District#2 of the City of Virginia Beach,containing approximately 2.02 acres which is more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference;and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from B-1 Neighborhood Business District and AG- 2 Agricultural District to Conditional B-2 Community Business District,and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various GPIN: 2413-01-2423-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 types of uses, 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 cope with the situation to which the Grantors'rezoning application gives rise;and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development,operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo 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 running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. The existing developed Property being rezoned from B-1 Neighborhood Business District to Conditional B-2 Community Business District shall not be used for the following: (a) Automobile Service Stations; (b) Automobile Repair Garages and Small Engine Repair Establishments; (c) Bars and Nightclubs; (d) Beverage Manufacturing Shops; (e) Boat Sales; (f) Body Piercing Establishments and Tattoo Parlors; (g) Borrow Pits; (h) Bulk Storage Yards; (i) Commercial. Parking Lots, Parking Garages, Parking Structures and Storage Garages of any kind; 2 0) Craft Breweries; (k) Craft Distilleries; (1) Eating and Drinking Establishments with Drive-Thru Windows; (m) Mini-Warehouses; (n) Mobile Homes Sales; (o) Motor Vehicle Sales and Rentals; (p) Heliports and Helistops; (q) Hospitals and Sanitariums; (r) Satellite Wagering Facility;and (s) Adult Bookstore. All references hereinabove to B-2 Community Business 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. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantors covenant and agree that- (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia 3 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 prolubitory injunction, abatement, damages, or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in 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 may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Pungo Square Real Estate,LLC, a Virginia limited liability company By: K A•,.1�Er�L} Allan W. Brock Jr.,Manager:Q� 'IV �'0A "Q;'R� PUBLIC :tp c•) :MY Cps WS 01 — z p MjS1 • niss STATE OF VIRGINIA ° •' CITY OF VIRGINIA BEACH,to wit: ,;gITN OF••.• c� • The foregoing instrument was acknowledged before me tlus'.' O day of 2026,by Allan W. Brock,Jr., Manager of Pungo Square Real Estate, LLC, a Virginia limited liability company,Grantor. Notary Public My Commission Expires: 0S 3/ . 2? �'��„�,��•�.,,,. Notary Registration Number: .•�SAS A.CVO••,� ram'• ��= #�1 =o :MyCQM�34401 FXPiR S�orv,:' 05/31/2?S 5 WITNESS the following signature and seal: Grantor: A ' Allan W.Brock,Jr. PU0 BLIC ••�`��' RE G#7134g01 n :MY COMMISSION t EXPIRES g srO'• 0-V3112027•,: STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: '••.,,,,,,��.•• The foregoing instrument was acknowledged before me this 3-D day of 20226,by Allan W.Brock,Jr.,Grantor. hi a /�A� / Notary Public v • My Commission Expires: b 3/ o� �►►►`.t��'�.A:..,�AFAs; Notary Registration Number: y���' Y'•.;°Fp I, • 6 EXHIBIT"A" ALL THOSE certain lots, pieces or parcels of land with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the Pungo Borough of the City of Virginia Beach, Virginia, and designated as "A-1", "A-2" and "A-3" wl-ich are comprised of 2.02 acres and is shown on a plat entitled, "PLAN OF PROPERTY, PART OF PLAT A,DR.T. B.LUXFORD'S FARM,PUNGO BOROUGH,VIRGINIA BEACH, VA", dated April 24, 1978, prepared by Bonifant Land Surveys, which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 126, at Page 34. GPIN: 2413-01-2423-0000 AM/-Conditional Rezoning/`Pungo Square Real Estate/Proffer Agreement.docx 7 AG2 B2 B2 a B2 Q B1 AG2 � B1 U 2 a� B2 ® site Pungo Square Real Estate, LLC & Allan W Brock Jr Zoning 1776 Princess Anne Road 1: �I Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 7/14/2026 37 L.4 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, application of ATKINSON HOLDINGS, LLC for a Conditional Change of Zoning from 1-1 Light Industrial District to Conditional RT-3 Resort Tourist District re permit retail uses at 608, 610, 612, 614 & 616 Norfolk Avenue and 633, 637 & 641 10th Street DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ATKINSON HOLDINGS, LLC for a Conditional Change of Zoning from 1-1 Light Industrial District to Conditional RT-3 Resort Tourist District re permit retail uses at 608, 610, 612, 614 & 616 Norfolk Avenue and 633, 637 & 641 10th Street (GPIN 2427040251) DISTRICTS The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11th day of August, 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 August 11, 2026 ATKINSON HOLDINGS, 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 151 day of July, 2025, by and between ATKINSON HOLDINGS, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of land located in District #5 of the City of Virginia Beach, containing approximately 21,671 square feet and described in Exhibit"A" attached hereto and incorporated herein by this reference, which parcel is hereinafter referred to as the"Property";and WHEREAS, the Grantor 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 Classifications of the Property from 1-1 Light Industrial District to Conditional RT-3 Resort Tourist 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 Grantor acknowledges that the competing and sometimes incompatible uses conflict and that hi order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for GPIN: 2427-04-0251-0000 PREPARED BY: 0M SYKIS,80URDON, Prepared by: M Ai1ER\'&IDly,P.C. R.Edward Bourdon,Jr.,Esq.,VSB 422160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW,THEREFORE,the Grantor,for itself,its 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 tc zid po quo for zoning,rezoning,site plan,building permit,or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants nailing with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns, grantees, and other successors in interest or title: 1. The following principal and conditional uses within the RT-3 Zoning District shall not be permitted on the Property: (a) Automobile and small engine repair establishments; (b) Automobile service stations; (c) Bars or nightclubs; (d) Boat sales; (e) Communication towers; (f) Heliports and helistops;and (g) Passenger Transportation Terminals. PREPARED BY: RIM SYKES.ROURDo\, 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 2 and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The 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 PREPARED BY: (4) The Zoning Map may show by an appropriate symbol on the map the 491H SYKES.BOURDON, M AVER\&LENT.P.C. existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office 3 of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: M SYKES.BOURDON, ARM&LENT.P.C. 4 WITNESS the following signature and seal: Grantor: Atkinson Holdings,LLC, a Virginia limited liability company By: - } John Y. Atkinson,Jr.,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 17th day of June,2026, by John T. Atkinson,Jr., Manager of Atkinson Holdings, LLC, a Virginia limited liability company,Grantor. Notary Public My Commission Expires: August 31,2026 ep•'"'H"p''+4P;, Notary Registration Number: 192628 e,� :......%•• c `fbe 192 a T: 628 g'',,e� PREPARED BY: k SUFS.130URDON, All PIN&L€T,P.C. 5 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon,situate,lying and being in the City of Virginia Beach,Virginia, and being known, numbered and designated as Lots Nine(9),Ten(10),Eleven(11),Twelve(12)and Thirteen (13) in Block Thirty-Nine (39),as shown on the Plat of Shadow Lawn Heights,as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7,Page 14,reference to said plat hereby being made for a more particular description of said lots. GPI N: 2427-04-0251-0000 H:\AM\Conditional Rezoning\Atkinson Holdings\Proffer Agreement_finaI8-22-2025.docx PREPARED BY: MSYKES,BOURDON, AHER\'&LEVY.P.C. 6 NORFOLK AVE RT3 11 11 N N DL m R5S 10TN ST RT3 ® site Atkinson Holdings, LLC Zoning 608, 610, 612, 614, 616 Norfolk Avenue 0 Property Polygons and 633, 637, 641 10th Street Feet 0 10 20 40 60 80 Map created by Planning Department on 7/14/2026 38 L.5 PLANNING Upon motion by Council Member Hutcheson, seconded by Council Member Remick, City Council APPROVED application of YMCA OF SOUTH HAMPTON ROADS/ MEMORIAL UNITED METHODIST CHURCH for a Conditional Use Permit re child day-care facility at 804 Gammon Road DISTRICT 1 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA YMCA OF SOUTH HAMPTON ROADS/ MEMORIAL UNITED METHODIST CHURCH for a Conditional Use Permit re child day-care facility at 804 Gammon Road (GPIN 1456440761) DISTRICT 1 The following conditions shall be required: 1. The hours of operation for the child day-care facility shall be from 6:00 a.m. to 6:00 p.m., Monday through Friday. 2. The proposed outdoor play area shall be completely enclosed with a solid structure or fence at least four feet in height and constructed of maintenance-free material, such as aluminum or vinyl plank, and shall be maintained for so long as this Conditional Use Permit is active. 3. The applicant shall maintain a license with the Commonwealth of Virginia for Childcare. Should said license be terminated or expired, the property owner shall notify the Department of Planning within 30 days of termination or expiration. 4. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Child Day-Care Facility. 5. No change of occupancy shall be made in any building or structure unless such building or structure is made to comply with the requirements of the USBC as determined by the building official.A Certificate of Occupancy and an Occupancy Load are required for the building to be used as a place of Assembly and shall be obtained from the Virginia Beach Permits and Inspections Office with approval from Zoning. The Occupancy Load shall be posted in a conspicuous place near the main exit for every room or space that is an assembly occupancy and where the occupant load of that room or space is 50 or more. 6. 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. August 11, 2026 39 L.5 PLANNING (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11t" day of August, 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 August 11, 2026 co R10 r ��wE<<PL R10 R10 a 0 R.1,0 0 "'ORGAN rRL Q R10 z ., OCC J % W co - Q 4U U O RI 0 Z Jr1N YS/DE SAUNOE R 10 CO SQ RS�R Site YMCA of South Hampton Roads Zoning 804 Gammon Road ' _ 1 Property Polygons Feet 0 45 90 180 270 360 Map created by Planning Department on 7/14/2026 40 L.6 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, application of COASTAL TRAINING LLC/CP ROADRUNNERS LLC for a Conditional Use Permit re indoor recreational facility at 209 First Colonial Road, Suites 107, 108, 109, 110, 111, 112 & 113 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA COASTAL TRAINING LLC/CP ROADRUNNERS LLC for a Conditional Use Permit re indoor recreational facility at 209 First Colonial Road, Suites 107, 108, 109, 110, 111, 112 & 113 (GPIN 2407758027) DISTRICT 6 The following conditions shall be required: 1. The Conditional Use Permit for an Indoor Recreational Facility applies solely to 209 First Colonial Road, Suites 107, 108, 109, 110, 111, 112, 113. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 3. Any outdoor lighting installed shall comply with all applicable provisions of the City's Lighting Ordinance, including, but not limited to,the following: a. 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 properties. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 4. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the Cit, Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11th day of August, Two Thousand Twenty Six. August 11, 2026 41 L.6 PLANNING (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 August 11, 2026 --LA12 B2 B2 MICHIGAN AVE Oceona Athletic Park P1 T LO R7.5 R7.5 0 0 132- - z D r B2 � -- z O INDIANA ,, C AVE B2 arB2 <F9,�, 0 R7.5 R7_.5 0 c CO w LL CO ® site Coastal Training LLC N Zoning 209 First Colonial Road, C Property Polygons Suites 107, 108, 109, 110, 111 , 112, 113 Feet 0 45 90 180 270 360 Map created by Planning Department on 7/14/2026 42 L.7 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, application of STEVE MERRILL WARNER &SHARI ELAINE WARNER for a Conditional Use Permit re home-based wildlife rehabilitation facility at 4317 Ben Gunn Road DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA STEVE MERRILL WARNER &SHARI ELAINE WARNER for a Conditional Use Permit re home- based wildlife rehabilitation facility at 4317 Ben Gunn Road (GPIN 1479894357) DISTRICT 9 The following conditions shall be required: 1. This Conditional Use Permit only permits rehabilitation of squirrels, rabbits, and opossums. 2. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO), as amended, pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 8 animals shall be housed at this property at any given time. 6. Animal waste shall be removed daily and disposed of in a lawful manner. 7. All animals shall be properly and humanely contained within cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 8. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. August 11, 2026 43 L.7 PLANNING (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 111h day of August, 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 August 11, 2026 R10(SD) eFti R10(SD) Gtiti�o R:1.0 Site Steve Merrill Warner & Shari Elaine Warner Zoning 4317 Benn Gunn Road Property Polygons Feet 0 10 20 40 60 80 Map created by Planning Department on 7/14/2026 44 L.8 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, application of CITY OF VIRGINIA BEACH for Mayor Entertainment Venue Sign at 1016, 1093 & 1045 19th Street re Virginia Beach Sports Center DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CITY OF VIRGINIA BEACH for Mayor Entertainment Venue Sign at 1016, 1093 & 1045 19th Street re Virginia Beach Sports Center (GPINs 2417661204, 2417765489) DISTRICT 6 The following conditions shall be required: 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan package created by Kimley-Horn, entitled "Virginia Beach Wayfinding Interim Improvements" and dated June 29, 2026, including the shop drawings created by Talley Sign Company and dated January 20, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11th day of August, 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 August 11, 2026 c 264 f POIL10N,,, 00 ,tea OR(STR-OR) p 2 Al2 z m ` _ate i, A36 10 n AMA RT3 0 1q VIA S'T C 1aSH SS ARLYNN LN z --Al2 m i Z CARVER � AVE Z Al2 RT3 i BLOOM ►P sexc BLvO RT3 B2 P_KWY v1RG1 N o B-2 D B2 B2 Al2 Al2 B2 7 o B2 A:12 - Al2 Al2 Al2 ® site City of Virginia Beach N Zoning 1016, 1093, 1045 19th Street w Property Polygons Feet 0 112.5 225 450 675 900 Map created by Planning Department on 7/14/2026 45 L.9 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, application of ATLANTIC RENTAL HOMES/TIDEWATER ASSET GROUP LLC for a Conditional Use Permit re short term rental at 913 Pacific Avenue, Unit B DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ATLANTIC RENTAL HOMES/TIDEWATER ASSET GROUP LLC for a Conditional Use Permit re short term rental at 913 Pacific Avenue, Unit B (GPIN 24272444111050) DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 913 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. August 11, 2026 46 L.9 PLANNING (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. August 11, 2026 47 L.9 PLANNING (Continued) 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at anytime or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5)years. In years when an inspection is not required,the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. August 11, 2026 48 L.9 PLANNING (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 111h day of August, 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 August 11, 2026 OR(STR-OR) a z �L � m v m g�N gS NORFOLK.4VE ------- ----------- -- - OR(STR-OR) ® site Atlantic Rental Homes C9 Zoning 913 Pacific Avenue, Unit B 0 Property Polygons s Feet 0 15 30 60 90 120 Map created by Planning Department on 7/14/2026 49 L.10 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, application of SARAH WATKINSON/JOHN &SARAH WATKINSON for a Conditional Use Permit re short term rental at 304 28th Street, Unit 209 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SARAH WATKINSON/JOHN &SARAH WATKINSON for a Conditional Use Permit re short term rental at 304 28th Street, Unit 209 (GPIN 24280028662009) DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 209, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. August 11, 2026 50 L.10 PLANNING (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes and to be physical present at the Short Term Rental within one hour 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 1S. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. August 11, 2026 51 L.10 PLANNING (Continued) 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5)years. In years when an inspection is not required,the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. August 11, 2026 52 L.10 PLANNING (Continued) 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11t" day of August, 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 August 11, 2026 OR(STR-OR) t ti �c r rn OR(STR-OR) ZT�H �m OR(STR-uK) �H HALF ST A36(OB) ---- ------ Al2(OB) .TH si OR(STR-u ) t 2 A \12(OB) ti 1 r ® site Sarah Watkinson C zoning 304 28th Street, Unit 209 w �i Property Polygons s Feet 0 25 50 100 150 200 Map created by Planning Department on 7/14/2026 53 L.11 PLANNING Upon motion by Vice Mayor Wilson, seconded by City Council Member Rouse, City Council DEFERRED TO SEPTEMBER 1, 2026, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Section 2303 re short term rental parking requirements 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 August 11, 2026 54 L.12 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Section 237 re mini-warehouses 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 August 11, 2026 1 AN ORDINANCE TO AMEND SECTION 237 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO MINI-WAREHOUSES 4 5 Section Amended: § 237 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require,- 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 237 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 237. Mini-warehouses. 17 18 In addition to general requirements, the following special requirements and 19 limitations shall apply to mini-warehouses in all districts, excluding the B-4C district, in 20 which they are generally permitted: 21 22 . . . . 23 24 (c) Form. Mini-warehouses in B-4C shall be a multi-story fully enclosed mixed-use 25 building. 26 27 (1) Such building shall include two (2) or more uses within the building. 28 Applicable uses include retail sales, services, office; institutional, 29 recreational, and industrial, and those uses permitted by the applicable 30 zoning district in which the mini-warehouse is located. The storage facility 31 shall be counted as one of the uses. 32 33 (2) Ne storage—units—shall be-4esated- en the und-floor�ewev-e�, 34 naax4mu n-epercent e e gre Boor area ma, he-used-aS 35 storage related--e#Ise-andler retail-space. Storage units located on the 36 ground floor must not be visible or directly accessible from the exterior of 37 the building. 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day Of August , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: x�le� dr,� � ),-YB W�, "t M tanning Department City Attorney's Office CAI 7262 R-1 June 17, 2026 55 M. APPOINTMENTS BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEFERRED COMPENSATION BOARD DEVELOPMENT AUTHORITY FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STOP INC. BOARD TIDEWATER YOUTH SERVICES BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION August 11, 2026 56 M. APPOINTMENTS Upon nomination by Vice Mayor Wilson, City Council APPOINTED the following: AMANDA JARRATT Unexpired term thru 12/31/2027 SOUTHSIDE NETWORK AUTHORITY 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 August 11, 2026 57 ADJOURNMENT Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 11:44 P.M. Terri H. Chelius' Chief Deputy City Clerk An4ncla Barnes, MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia August 11, 2026 58 PUBLIC COMMENT/OPEN DIALOGUE Gary White, 211 Maple Street, Phone: 910-520-1067, did not respond Denzel Murph, 1517 Magellan Drive#107, Phone: 646-642-0483, pitched his product designed for men's hygiene and requested City Council's support to collaborate with local businesses to test product as a pilot to validate its effectiveness John Moss, 4109 Richardson Road, Phone: 636-1534, did not respond Hanna Merk, Phone: 987-2760, did not respond Mark Stevens, 512 21s'Street, Phone: 201-8500, spoke concerning the disrespect shown by some speakers during the meeting ADJOURNED at 11:51 P.M. August 11, 2026