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HomeMy WebLinkAboutAUGUST 18, 2026 INFORMAL AND FORMAL SESSION MINUTES G1NIX-BC T V" fd d I � e v '4,t5 t1 ` ObYI N�t10d` VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 18, 2026 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Conference Room, Tuesday, August 18, 2026 at 3:30 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,Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse 2 CITY COUNCIL'S BRIEFINGS ADS, INC. OVERVIEW 3:31 P.M. Mayor Dyer welcomed Ryan Angold, CEO—ADS, Inc. Mr. Angold expressed his appreciation to City Council for their continued support and distributed copies of the presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Angold for the presentation. August 18, 2026 ADS + VIRGINIA BEACH M a 4b, Q'" J y( F •-y E 1 111 Born here. Built to Serve. I'Vror e Ryan Angold Chief Executive Officer 4j } FROM WARFIGHTER TO CEO RYANT A Career Shaped By Service 199 U.S. NAVAL ACADEMY ADS CUSTOMER Navy career begins in Sent to Atlantic Diving � y the same year ADS is Supply while checking _...,� founded. into SEAL Team Two. DEPLOYMENTS YEARS AT ADS _. Served in the SEAL Joined after working Teams, including post- across defense "I experienced ADS as a customer 9/11 operations. technology; now CEO. before I ever worked here. " 02 VIRGINIA BEACH ROOTS t k Lynnhaven Dive Center Lynnhaven Parkway Headquarters Local military personnel came to the Great Neck Road 70% of our employees serve customers from our dive shop looking for better commercial equipment. headquarters in Virginia Beach, more than 250 team That need sparked Atlantic Diving Supply. members reside locally, & nearly 30% are veterans. 03 I Y w; TITT SQFT Office + Warehouse I 20 Foot rint after expansion p p � 1 111 • • • . • . • • • • • . • • . • - 1� AEROSPACECAPABILITIES MEDICAL Aircraft Survivability Equipment, Obsolescence Role 1-4 Systems of Care, Patient Monitoring, Management, Modernization & Sustainment Medical Kitting, Human Performance C51SR COMBAT SUPPORT EQUIPMENT Communications, Command & Control, IT, Facilities, Hangers, Storage, Power & Water, Vehicle & Unmanned Aircraft Systems (UAS & CUAS) Trailer Integration, Material Handling Equipment CWMD OCIE EOD/Unmanned Systems, Fire & Emergency Services, Uniforms & Clothing Systems, Tactical Nylon, CBRNE, & Maritime/Unmanned Maritime Systems Body Armor, PPE, Individual Equipment CONSTRUCTION WEAPONS & OPTICS Alternative Construction Methods, Pre-Engineered, Direct View Optics, Sights & Lasers, Simulation Modular & Tension Fabric Structures & Training, Armaments & Munitions 05 LOCAL IMPACT 2025: Business with Virginia Beach Suppliers ® + Virginia Beach Procured From 5Suppliers 175M + VB Su liers pp Warrior East: Annual Flagship Event ® � Warrior East 19500 + Customers to SuppliersVirginia Beach IA. 1A. At y x•' r` The ADS Network _ 3,000 �� �� ��� '� Government Customers _ ��' Suppliers 1 ' Small & Non-Traditional LOBAL IMPACT ,' Defense Companies Physical Presence DOW or FOSSupport 07 BORN HERE . BUILT TO SERVE. For nearly three decades, Virginia Beach has been the home base for a company connecting innovation to the men and women who protect our nation. THANK You Ryan Angold I Chief Executive Officer 3 CITY COUNCIL'S BRIEFINGS BUREAU OF OCEAN ENERGY MANAGEMENT SEABED MINING UPDATE 3:47 P.M. Mayor Dyer welcomed Dr. Richard Bishop, Professor of Practice,Virginia Tech College of Engineering. Dr. Bishop expressed his appreciation to City Council for their continued support and distributed copies of the presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Dr. Bishop for the presentation. August 18, 2026 VIRGIIVIA VU TECH. Virginia Offshore Critical Minerals Exploration Dr. Richard E. Bishop Virginia Beach City Council Meeting VT Professor of Practice 18 August 2026 Where is the federal area being discussed? Virginia Energy has studied offshore sand resources for --40 years, much in collaboration with the U.S. Bureau of Ocean Energy Management (BOEM) 76 3a 76 -75'30' a5• -74.30' -74• MD sate�ry wit �� Sand resources offshore of Virginia41 r WNo n.R� ILa3� :q,S VOyoO�•t0i'. l • 3 v� ar vn F • 2G,0 vwawn 6, ,i a� 1 J� r � '�'''�1 T• nc �'�I/ • ?L17 Y10rKpl.,1T! ` �' � ° ..: mgton Anyon - rs rM .ea.wr..,•� • .a; vpIN 118-09 BAmore k iaiq vha T.v.."..e+us w..q•: Pise , Thickness lfll yn�ar„y..r.,aemy•ia ao•r.s w.^ NJ18-08 p�25 �{ Chincoteague i -- 15,20 10,Is `T �• n State Lateral Bounoxy o, "r ( o s tit NJ18-11 Submerged Lands Act Boundary •�,�" - t CUffltUCk 0 outer Continental Shea Protractions ! n� VA tadbm sea Sound a d m { ®vhrgima RFI Area 0 5 10 -76• -75'30' '75' -74.30' -74' Q F~.1 Sane L..hro9 —o aCFs,,wm.»nat•.e as r,n«y �•�PrZ•Y by G90 1nm S•a1•eWV+1y A$Ae tit,vmG Tr•pLr•1�9V rm) - "rr "w�;'t BVEMVirginia Request for Information Area PCs ��" .00v;peolopy/ocssand RFI area: 3 to 63.5 miles offshore, —15 — 300 ft water depth https:/ienetOV.virginia s shtml Virginia Energy has analyzed concentrates from over 600 offshore sediment samples. Odyssey Marine Exploration proposes additional exploration. Virginia Beach City Council•18 August 2026•Offshore Critical Minerals FXoloration•Slide#2 Sauce:Virginia Energy.Federal Register RFI.June 23,2026;BOEM Virginia Mineral Activities. What are "critical minerals"? Offshore Virginia sands contain naturally occurring heavy minerals including: * Ilmenite & leucoxene , titanium * Rutile --+ titanium * Zircon zirconium * Monazite —► rare earth elements Critical Minerals �O 1� Rare Earth Elements Key building blocks for current high-demand and are vital to the economy and are a subset that occurs at low next—gen industries national security for manufacturing concentrations in the earth's DEFENSE and technology, and yet they have crust and can also be found in Sat'Au, x mr,r.Cakns Guitlaixe System n. no easy substitute coal-based resources MAGNETIC$� Arc<ar1t 51ruct gyres :,rer HaM plix'S FlybrWire F,i},C;o-Motors Smart Missile+ CEPAMICS Avtoodve Parrs +®® Y m tr Frictionless Bearings Sw+sore I xdc ROrination t♦ Etnwv.s tV 6 o •,,.- ...y CIOuA��AA.jj l ave PovJer Tubes 0 Scintllarm t♦x:hnrh wlti,Ore E.t!.EMr:vels ..4onVrr U 6 i Power GenerationRiI h �:e —1Wc Microphones&Speakers CATALYSTS • � I Petroleum pcfioo_ Cornmunica6on Svsierns �Gmzmc t MP,I 1 Catalytic Corn�,+*,gr 7 •;t I Fuel AticChemical Chemical Processing METALALLOY$ Air Pollution Controls MUM FiA-1N ltterinq,. liming Fx�l Cells Steel fiiOSPF10R5 I 1. Super Allo" Dwliy la'Dg0XNs j Aluminum/Magnesium CRT.LPO,LCr) GLASS&POLISHING Fluomurents I>rwgusg Pn65hing Comp Users x+unds IF (deers pignxrts 5 Cwtings FaW Optics photo-Optical aass Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#3 Sources:BOEM Virginia Mineral Activities;Odyssey project page;USGS critical minerals literature.NETL. Why now? Federal critical minerals policy, supply chain concerns, and BOEM's offshore minerals pathway have converged... Challenge for the United States.. CURRENT SITUATIONRISKS FACED Dependency on imports +80%from foreign sources, led by China Supply Chain disruption Accelerating demand for Reduced industry competitiveness scarce resources Uncertain political and trade policies Foreign economic leverage National security threats Supply-chain risk Federal process opened Public comment window Technology + data Critical minerals now sit at center of BOEM received unsolicited request in BOEM extended the RFI comment Modern geophysics, coring, mineralogy, U.S. economic security and defense Nov. 2025 and published the Virginia period through Aug. 22, 2026. and environmental monitoring make an industrial policy. RFI in June 2026. evidence-based evaluation more feasible. Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration-Slide#4 Sources:BOEM,Federal Register.USGS 2025 Critical Minerals List. Exploration approval is not the same as mining (dredging) a roval pp n � What is being proposed now? BOEM is evaluating whether to advance a competitive offshore minerals lease process' 2 What would exploration look like? �- Ship-based mapping, environmental baselines, grab samples, and core samples to evaluate potential 3 What could come later? Only after separate plans, reviews, permits, and approvals could there be possible dredging and land-based processing 4 What should the City ask for? Transparent baselines, monitoring, local engagement Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#5 Source:Federal Register RFI.June 23,2026;BOEM Virginia Mineral Activities,Virginia Energy. Why Offshore Virginia? Geology Ancient shorelines, shoals, shelf sediments, and wave/current sorting concentrates dense minerals. © Existing research base BOEM and Virginia Energy studies have examined offshore sand resources and heavy minerals for decades. © Strategic materials Titanium minerals, zirconium-bearing zircon, possible REE-bearing monazite, and phosphorites are policy relevant. Coastal-resilience link Some sand may be relevant to beach nourishment and mineral extraction can help offset the cost. © Ports + logistics Region has maritime infrastructure, but processing location remains an unanswered question. Virginia Beach City Council•18 August 2026-Offshore Critical Minerals Exploration•Slide#6 Sources:BOEM Virginia Mineral Activiles;Federal Register RFI area description. What are the likely heavy mineral sands of interest? Heavy mineral sands are natural sediment concentrations of dense grains. Titanium minerals Zircon REE-bearing MINERALS: ilmenite- rutile•leucoxene zirconium monazite USES: pigment, alloys, defense/aerospace ceramics, refractories, foundry rare earth source(Nd, Pr, Ce, La, etc.) "• MAJOR HM CONSTITUENTS HEAVY MINERAL ---._ --__ __.... ------------._ GARNET ---- ----.- --_-.. __. MONAZITE SAND(HMS) In""" Rum. Zreon L uc—he r CT,.Fe) !Tg (2r,Sit (nl.ered T) f'$' + , R ' V f 's•va (Abrasive.Wah rlet-thing,Filtration,Industrial) (Rare Earths,Thonum,Nuclear Applications.Catalysts) OTHER ACCESSORY MINERALS TYPES OF HMS MINERALS ECONOMIC&ENVIRONMENTAL TYPICAL HEAVYMINERAL CONCENTRATE DisthMe Slaurotee Toarmalxre Apetae Chromne SAimanite CONSIDERATIONS lkyl Ilmenile&Leucoxene . Titanium Pigment Hgh valuo n-domand &Titanium Metal -- minerals critical for v� industry 6 clean �; Rutile energy TYPICAL DEPOSITION SETTING Welding Electrodes . TYPES OF PLACER DEPOSITS g High-Grade TiO, [/�� Thor um in monazae -44 4. p We-8 L-"bore Cunente Onshore ,,,+ x10p( requires responsible ' t_DVQJ Transport n Dune 1 Becksh 4 Beach/Sherel'ne management Zircon Refractories.Ceramics , °re `�u'1 8 Foundry Coastal&marine s2 +'!°• .n.: ..»»._. .. _ ecosystems protection Shorelace!Nearshoro +� (Active Zone) rT,,R'n.:+ Garnet w„ Abras ves Waterjet Cutting IlkStakeholder community r. <_`" &FR,.t,- 6 tribal engagement `'•' ..,� • Paleo shore)ne/ ESsenlist Offshore(Pleistocene) r j.. ^ Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#7 Sources:Virginia Energy:BOEM Virginia Mineral Activities;Odyssey project page:USGS critical minerals literature. Offshore Heavy Mineral Sand (HMS) Deposition Model From Source to Offshore Deposits on the Continental Shelf O SOURCE © TRANSPORT Q MARINE TRANSPORT O DEPOSITION ZONES ® PRESERVATION& &SORTING (OFFSHORE HMS DEPOSITS) POTENTIAL RESOURCES Weathering an erosion Rivers deliver sediments, Waves.tides,and currents Heavy mineral accumulate in Deposits may be partially upland igneous.metamorphh ic. includin heavy minerals.to sort and winnow sediments and sedimentary rocks g y preferred depositional settings buried and preserved by release heavy minerals. the coast and shelf. on the continental shelf. on the shelf. subsequent sedimentation He ,. � ' Erosion z Marine t .,; and ..` rlelivPry M Oensrry burial }; trnnspnrt >- '� '`�� r• sort'ng sc 's &long-term fi shell &mar1mvng preservation „Aei 7' H -rich lag deposit Older Sediments and bedrock .r Resistant heavy minerals Sediments are carried offshore Lighter minerals are winnowed Deposits commonly occur in These deposits can be later (e-g.,ilmenite,rutile,zircon, by rivers,waves,tides,and away:heavy minerals settle shoals,sand waves.channels, discovered and may be monazite,garnet)are currents across the continental and concentrate in lag layers paled-channels,and along mineable resources,subject liberated From source rocks. shelf and into deeper water. in areas of favorable energy shelf margins and terraces to environmental and and seabed conditions. at water depths of-10-100 on. technical considerations. _. TYPICAL OFFSHORE SETTINGS Nearshore 1 Inner Shelf Mid Shelf Outer Shelf Shelf Margin Upper Slope (5-20 m water depth) (20-50 m) (50-100+m) Shoals, S�rid Shelf sand bodic, Terrace.and Canyom and si.po channels Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#8 Sources:BOEM Virginia Mineral Arrvdies:USGS critical minerals literature. What might offshore exploration look like? Low footprint data collection before any resource, mine plan, or dredge operation can be evaluated. Desktop + constraints 'r Historic cores, bathymetry, fisheries,cables,wrecks, navigation, military areas © Geophysical survey Multibeam,side-scan/backscatter, sub-bottom profiles; maps sand bodies © Seabed sampling Grabs for surface sediment;vibracores/cores for vertical grade continuity GEOPHYSICAL SURVEYS High—duhon hnthyr try rneps the se ntxx to identify send resaac- support emUonmenusl assessment.and guide sale and elriclent operations. Laboratory work er WUYIT MATTERS "vt[uaE rostraxixa Me.ft s—, wasws'dsl WentM s.ade„«a«..rld,.. Grain size, THM, mineralogy, chemistry, radiological baseline, beneficiation tests ,, hKlsssrlMalai,y ® 4uppart heblbt eLMMes,mlrilg ® Environmental baseline .'All "DE cAu6f Q Benthic habitat,fish/fisheries, marine wildlife,water quality, cultural resources Oa.teea, rMy A +ham zx) t �p TYPICAL OUT►M ONE ft*4- aleelerrw lrYsurr MsaP�n1 IIeM YM�liaee Virginia Beach City Council-I6 August 2026-Offshore Critical Minerals Exploration•Slide#9 Sources:Virginia Tech If resource recovery ever came later, what might the process look like? A future extraction phase would be a separate decision with separate plans and environmental review. Likely concept �~ BOEM says if dredging were to occur, material would likely be collected "�,♦ Valuable minerals using hopper dredge equipment similar to navigation channel and coastal for sustainable protection dredging, then taken to a land-based facility for processing. ,,.. use in industry 1.DREDGE 2.RECOVER Sand from seabed Humphrey spirals separate Key technical questions that follow after exploration: beery minerals • Where would dredging occur? • How deep and how often? • What fraction is returned as sand versus shipped as concentrate? CIRCULAR ECONOMY • Would sand support beach renourishment? 5.SUSTAINABLE OUTCOMES Recovering Heavy Mineral sands Where would processing, water handling, and residue management occur? Coastal resilience& for Beach Renourishrncn� 3.CLEAN SAND resource efficiency Residual sand suitable for beach nourishment 4.BEACH RENOURISHMENT Restore and protect coastlines, support ecosystems and communities Long established beach renourishment projects give a good indication of what the collection process would look like... Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#10 Sources:BOEM Processing: from sand to heavy mineral concentrate Mineral sands processing is primarily physical separation by density from the source sand stream, followed by magnetism and conductivity for individual concentrates... FEED SLURRY TAILINGS(LIGHT MINERALS) S..L— W Mozlty°uarzz,1.1d ar, h•ry 111YIni4 Snell Iraq t 1 y Ic. W.P dMl LIGHTER MINERALS Low spe r q E 1°uertx O i SCREENING � —� OVERSIZE --► SAND STREAM � R•P°,,,Ie d—,W11��• 's• e a1°w 1°Wr" WATER SPRAY ('. .0 HelPa+eN y�,rS - melerWs 1 Intl-� HEAVY MINERALS z1 atilltitl°n (lime'Ie zircon © HEAVY MINERAL CONCENTRATE(HMC) rutlle mo°ax�ce eoc) HYDROCYCLONES w9h,Pe rK Rr.n,mm rats MIP rl nne,rrcon.mn•moru na,etal ., wI a Pot OVERFLOW SAND STREAM Q SPIRAL RAMP ° a„ clear wafer — — (RECYCLE WATER) e n.hoP)low UNDERFLOW i•• © THICKENER o owi SAND STEAM W (RECYCLE WATER) What might a plant produce? • Titanium feedstocks: ilmenite / rutile / leucoxene UNDERFLOW Zircon concentrate O CONCENTRATE • Possible monazite (REE feedstock) DEWATERING } Sand tailings / nonvaluable minerals © CONCENTRATE Fines and process water SEPARATION � �♦ CONCENTRATE STREAM � � 1 Questions for future processing Q PRODUCT —� HEAVY MINERAL • Where will the plant be located? DEWATERING CONCENTRATE(HMC) _ �� • How much water will be used? • How will fines be managed? CONCENTMATESTRU" a Can sand be returned or beneficially used? —► SAND STRUM '° Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#11 Flowchart adapted from Standard munenal Sands processing,Vid"Virginia Energy r EarthMRI Beach Renourishment from Dredged Sand Sand dredging is already widely used for beach renourishment, providing a proven method for restoring and maintaining eroding shorelines... U.S. Army Corps of Engineers(USACE) contributed$13.3M and Virginia Beach$7.07M for the 2025 Oceanfront Beach Replenishment Project —Would beneficial use of dredged sands from heavy mineral sand recovery help further offset these costs? ko �f x: a„ 1hr _'_ . . Lie 77 aw— y� a � t � ..r U a m„ lei S 1 0 Iti .lnY1�XMnM,m e_v..' ".�� aiL+u+•'" { .. a _ Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#12 SGufl.o_.:Great Lakes Dredge 8 Dock,Virginia Energy,City of Virginia Beach Public Works. Where has similar activity been done? Coastal mineral sands dredging is common; offshore mineral sands recovery is less common, but globally being evaluated North Stradbroke Island, Australia Richards Bay, South Africa Namakwa Sands, South Africa Namibia offshore diamonds Coastal dune HMS Coastal dune HMS Coastal HMS pits Offshore dredging for diamonds Coastal/dune mineral sands dredging; Large-scale HMS extraction & refining; Coastal HMS mine producing Closest offshore dredging analogy ilmenite, rutile, &zircon zircon, rutile, iron/titanium slag zircon, rutile, ilmenite (not HMS) but demonstrates marine mining vessels& collection from seabed As r�r o! r Photo for illustrative purposes only Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#13 Photo Source:Stephen M.Katz-The Virginian-Pilot Environmental impacts: exploration phase Exploration impacts are usually limited and temporary, but still require baseline data and safeguards... Vessel activity Noise, lights,traffic,fuel/spill prevention, maritime safety © Geophysical surveys Baseline Acoustic effects, marine mammal protections, timing restrictions © Sampling footprint Small seabed disturbance from grab samples/core samples and local turbidity Avoidance Cultural resources Avoidance of shipwrecks or archaeological sites © Data transparency Monitoring Baselines, maps, and methods Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#14 Source:BOEM environmental review and consultation framework. Recommended City Council questions © Project stage What is permitted now, and what would require a separate approval later? © Local baseline What environmental, tourism, fisheries, military, cultural, and sediment baseline data exist today? © Public transparency Will maps, methods, sample results, and monitoring data be released in usable form? Dredging design If extraction is proposed later, will location, depth, duration, seasonality, and plume limits be disclosed? © Processing plan Where would material go, how would water and/or fines be handled, and who regulates it? Benefit sharing Can nonvaluable sand support beach nourishment, and what direct local benefits or protections apply? Bottom line: The city does not need to decide whether to support mining today. It should insist on a transparent evaluation before any future extraction decision. Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#15 Related information via podcasts... •••• •• • •• •• •• •••••• •• •• • • • • • •• ••• •• ••• • •••••N••••• • • •••••• '000•• ••• ••N•• • •• • N • • < I � • • • • •• •••• • • ••• ••••• •• y • 00 •••• ••• • 000000 • • • ••••••IF' ' • • •• • •• •• • I It , I . i •i• •i•i•••• •i••i • ••i • �,�, .Y •• •••• • • • • • • 0. Mine Ex-Plorers Podcast Episodes 51 & 63 https://Youtu.be/VnigZUMRd2Y https://Youtu.be/o22oYvHZunO Virginia Beach City Council•18 August 2026•Offshore Critical Minerals Exploration•Slide#16 VI RG I N IA TECH . 4 CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 4:29 P.M. Mayor Dyer advised that the level of civility and dignity in public discourse has recently declined and emphasized it is his responsibility as the presiding officer, to ensure that all speakers are treated with respect and dignity, regardless of their position on an issue, adding, Council Members routinely disagree while maintaining mutual respect. Mayor Dyer referenced recent meetings that included instances of heckling, threats, intimidation, and other inappropriate conduct and stated that after speaking with other mayors in the region who all have strict speaker policies, believes the City's Speaker Policy should be equally as strict. Mayor Dyer advised that while elected officials accept criticism as part of their responsibilities, citizens should not be afraid to speak before City Council. Mayor Dyer advised that he met with Vice Mayor Wilson, City Attorney Stiles, and City Clerk Barnes regarding the matter and acknowledged that recent controversial issues have resulted in criticism of the Body and advised that Council Members have a responsibility to provide better explanations of complex local government matters. Mayor Dyer read the following addendum to the Speaker Policy, effective immediately: "Finally, I call upon all speakers and all persons in the chamber to be civil in their discussion and decorum. Whatever views you hold and wish to express,the City Council wants to hear from you. In order to ensure that all viewpoints and all persons are respected, clapping, cheering, booing, speaking loudly or making other disruptive sounds while a speaker has the floor is not permitted. All speakers have the equal right to be heard. Any member of the audience who interferes with a recognized speaker's time will be warned and if the disruptive behavior continues will be required to leave the Chamber. Additionally,threats and intimidation of others is prohibited at all times." Vice Mayor Wilson advised that citizens have the right to express their views when they are called to the lectern to speak but when people in the audience are yelling, jeering and threatening the person speaking,that is intimidation and is not freedom of speech.Vice Mayor Wilson referenced the City Council Meeting last week and advised a pregnant woman was threatened when someone yelled at her, "we're going to get you". Vice Mayor Wilson advised it is important for the Body to support the addendum and also asked the Body to consider prohibiting speakers from bringing items to the lectern. Vice Mayor Wilson referenced another speaker from last week who brought a box with him when he was speaking, acknowledging the box was harmless, but believes precautions should be in place to ensure a safe environment. Council Member Hutcheson suggested that items could be inspected when speakers check in to ensure the item is safe because visual examples can be effective. Council Member Hutcheson referenced a speaker who brought a piece of asphalt to the lectern to show the material being removed from the Marlin Bay project, adding that it was a powerful example. August 18, 2026 5 CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS (Continued) Mayor Dyer agreed that the issue could be considered further. Council Member Cummings supports the stricter Speaker Policy and explained he had a friend who spoke in favor of the golf course proposal last week and intended to remain for the entire hearing but left immediately afterward because he was intimidated by the crowd and feared the situation could escalate. Council Member Cummings advised that the environment did not promote the open Public Hearing that the Body needed and stated most citizens attend meetings for the right reasons but there is a small group who attend to cause a disruption regardless of the topic. Council Member Cummings expressed his concern that the addendum only applies when a speaker has the floor and the disruptive behavior often occurs between speakers,when City Clerk Barnes is attempting to call the next speaker, and suggested that the prohibition on disruptive sounds apply throughout the entire proceeding. City Attorney Stiles advised that restrictions on audience conduct could be implemented if enforced strictly, evenly, and in a content-neutral manner. City Attorney Stiles cautioned that prohibiting expressions of support or disagreement during transitions between speakers could be difficult and emphasized that both sides of an issue must be treated equally, adding that the prohibition against threats and intimidation at all times was intended to address these concerns. Mayor Dyer suggested implementing the policy initially and modifying it if necessary. Mayor Dyer advised that he also met with the Police Department and advised that although he does not want to ask anyone to leave the Chamber, individuals who continue disruptive behavior will compel him to do so. Mayor Dyer emphasized that he wanted everyone to be heard but that the Chamber needed enforceable standards of conduct. Council Member Schulman expressed his support and believes that sometimes Council Members have to make difficult and imperfect choices. Council Member Schulman recalled his heart sank at last week's Council Meeting when he heard booing, hissing, and jeering directed at a pregnant woman speaking about daycare and knows that she was also threatened as she left the Chamber. Council Member Schulman advised that other individuals were escorted to their vehicles because they feared for their safety and believes that Council Members also have a responsibility not to misinform or incite the public, as misinformation can contribute to heightened tensions in the Chamber. Mayor Dyer reiterated that while the Body wants citizens to express their views, it must also consider the interests of approximately 455,000 residents and do the right thing for them as well. August 18, 2026 6 CITY COUNCIL COMMENTS (Continued) Council Member Remick congratulated Rehoboth Baptist Church in Seatack on its 601n Anniversary and thanked Mayor Dyer for attending the Gala and presenting them with a Proclamation. Council Member Remick advised the service was well attended and expressed his appreciation to Dr.James Allen and Pastor Keys, who delivered the sermon. Council Member Berlucchi advised that the City of Chesapeake has unanimously adopted an animal cruelty registry authorized by state code to allow a municipality to share information concerning individuals convicted of serious crimes against animals. Council Member Berlucchi advised that he had contacted Council Member Newins, who led the initiative to explore whether a similar registry would be appropriate for Virginia Beach. Council Member Berlucchi advised that the Virginia Beach Animal Care and Adoption Center and larger organizations such as the SPCA have established vetting policies, but smaller rescue and adoption organizations may not have access to information identifying individuals who could pose a risk to animals. Council Member Berlucchi believes any resource that could reduce the likelihood of animals being abused is worth exploring and has requested City staff to review how a registry could be administered and whether it would be useful for the City, adding that if the City implemented a registry, it could potentially contribute to a regional registry to protect animals. Council Member Hutcherson advised the registry is not for individuals with minor violations, it would address the most egregious cases of animal abuse, including felony-level offenses. Council Member Hutcheson advised individuals who severely brutalize animals could potentially be prohibited from owning animals again and explained the registry is a good first step toward regionalism. Vice Mayor Wilson announced that Council Member Schulman will perform in a "Dancing with the Stars" event in support of the Virginia Musical Theatre and wished him well. Council Member Schulman joked about having initially declined the opportunity for several years before agreeing to participate and advised the event will be at the Sandler Center on August 22"d from 7:00—9:00 P.M. with doors opening at 6:30 P.M. Council Member Schulman encouraged the public to attend in support of Virginia Musical Theatre. August 18, 2026 7 CITY COUNCIL AGENDA REVIEW 4:55 P.M. BY CONSENSUS, the following shall compose the Legislative and Planning CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS: 1, 2, 3, 4, 5 and 6 J. PLANNING ITEMS: 1, 2, 4, 5, 6 and 7 (AS AMENDED) J. Planning Items: Item #3 will be considered separately Council Member Henley will vote verbal nay on Item #5 August 18, 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: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Caroline Triepel v. City of Virginia Beach 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 Peacock 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 18, 2026 9 RECESS TO CLOSED SESSION Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council Recessed into CLOSED SESSION at 5:01 P.M. Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse Break 5:01 P.M. — 5:10 P.M. Closed Session 5:10 P.M. — 5:52 P.M. August 18, 2026 10 IA L f`o4 .� rr G�9�rS OF OUR NA�1 11'�"O�G` FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 18, 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 18, 2026 at 6:00 PM Council Members Present: Michael Berlucchi, Stacy Cummings, Robert Dyer, Barbara Henley, David Hutcheson, Cal Jackson-Green, Robert Remick, Amelia Ross-Hammond,Joashua Schulman, Rosemary Wilson Council Members Absent: Jennifer Rouse INVOCATION—Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA August 18, 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 34tn 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 18, 2026 12 V.5 CERTIFICATION OF CLOSED SESSION Upon motion by Council Member Schulman, seconded by Council Member Hutcheson, 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: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 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 page9and 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. Amanda Barnes, MMC City Clerk August 18, 2026 14 V.G. PUBLIC HEARING Mayor Dyer OPENED a PUBLIC HEARING: LEASE OF CITY PROPERTY—VIRGINIA BEACH FARMERS MARKET Building 1, Space 10 to TFK Deli LLC (d/b/a TFK Deli &General Store), and Building 8, Spaces 23 and 24 to Wild Works of Whimsy, LLC (d/b/a Southern Branch Nursery) There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING August 18, 2026 15 V.H. 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. The City Clerk called for the following to speak: Walter Camp, 4692 Berrywood Drive, Phone: 576-1006, spoke concerning 1.3. and suggested City Council consider aligning existing policies with future amendments to the Zoning Ordinance. CONSENT AGENDA Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions I.: 1, 2, 3, 4, 5 and 6 and Planning Items J: 1, 2, 4, 6 and 7 (AS AMENDED) J. Planning Items Item #3 will be considered separately Council Member Henley will vote verbal nay on Item#5 Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 16 1.1 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections 16-44, 16-46, 16- 51, 16-52, 16-53 and 16-56 and ADD Section 16-51.1 re Workforce Housing Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTIONS 16-44, 16-46, 16-51, 16-52, 16-53 AND 3 16-56 AND ADD SECTION 16-51.1 PERTAINING 4 TO WORKFORCE HOUSING 5 6 Sections Amended: §§ 16-44, 16-46, 16-51, 16-52, 7 16-53 and 16-56 8 9 Section Added: § 16-51.1 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA THAT: 13 14 That Sections 16-44, 16-46, 16-51, 16-52, 16-53 and 16-56 of the City Code are 15 hereby amended and Section 16-51.1 is hereby added and reordained to read as follows: 16 17 ARTICLE VIII. WORKFORCE HOUSING 18 19 DIVISION 1. GENERAL PROVISIONS 20 21 Sec. 16-44. Definitions; explanatory material. 22 23 . . . . 24 25 Developer. The developer of workforce housing who sells or rents a workforce 26 housing unit pursuant to the provisions of this article. The term includes other persons or 27 entities, such as homebuilders, who purchase workforce housing units for the purpose of 28 selling such units pursuant to the provisions of this article, but does not include any person 29 who resells a workforce housing unit pursuant to section 16-49, 30 31 Director. The director of the department of housing and neighborhood preservation 32 or 4is their designee. 33 34 Discounted sales price. The consideration paid to the developer for a workforce 35 housing unit; provided, however, that in the case of a resale, the discounted sales price 36 is the difference between the initial sales price and the amount of funds provided by the 37 city, as evidenced by a promissory note, to help buy down the eligible buyer's first 38 mortgage. 39 40 Eligible buyer. A household whose workforce housing application has been 41 approved and who meets the requirements of section 16-46. Such requirements include, 42 among other things, the household's gross annual income, financial assets and liabilities, 43 and location in which an adult, non-dependent household member lives and works. In 44 order to qualify to purchase a workforce housing unit, a household's annual gross income 45 must generally be between eighty (80) percent and one hundred twenty (120) percent of 46 AMI. 47 48 Eligible renter. A household whose workforce housing application has been 49 approved and who meets the requirements of section 16-51. Such requirements include, 50 among other things, the household's gross annual income; and financial assets—, and 51 leoatie�a-ip-�wla�s# r� dt,- ►efl-de{�eder�t-k�esefaeidee Ives- �-wss. In order 52 to qualify to rent a workforce housing unit, a household's annual gross income must 53 generally be between forty (40) percent and ninety (90) percent of AMI or, where the 54 building contains an elevator, between forty (40) percent and one hundred (100) percent 55 of AM[. 56 57 . . . . 58 59 Workforce housing or workforce housing unit. Dwellings or dwelling units, whether 60 single-family dwellings, duplexes, semi-detached dwellings, townhouses or multiple- 61 family dwelling units, approved by the city council pursuant to article 21 of the city zoning 62 ordinance. Such housing is generally affordable to households with working members 63 w#G-live-or-work4-the-City-a#-Virginia-Beast. 64 65 Workforce housing application. An application submitted to the city or to a rental 66 property owner or manager that provides the necessary information to determine if a 67 household qualifies for the workforce housing program. Participation in the program is 68 contingent upon approval of this application. 69 70 . . . . 71 72 DIVISION 2. SALE AND OWNERSHIP OF WORKFORCE HOUSING 73 74 Sec. 16-46. Eligibility requirements for buyers of workforce housing units. 75 76 (a) In order to be deemed an eligible buyer of a workforce housing unit, a household 77 shall meet the following criteria: 78 79 (1) At least one adult, non-dependent member of the household to be shown on the 80 deed of trust note as a borrower or other obligor shall, at the time of application 81 to the workforce housing program, live or work full-time in the City of Virginia 82 Beach, or must have a bona fide offer of full-time employment within the City of 83 Virginia Beach commencing within three (3) months of the time of application; 84 (2) No member of the household shall own or have a controlling interest in any other 85 real property; 86 (3) The household's combined annual gross income shall, at the time of application, 87 be between eighty (80) percent and one hundred twenty (120) percent of area 88 median income, adjusted for household size; and 89 (4) The net worth (assets less liabilities) of the household shall not exceed fifty (50) 90 percent of the sales price of the workforce housing unit being financed. The 91 following items shall not be included in determining the net worth of a household: 92 93 . . . . 94 95 DIVISION 3. RENTAL OF WORKFORCE HOUSING 96 97 Sec. 16-51. Eligibility requirements for renters of workforce housing units; 98 verification. 99 100 (a) In order to be deemed an eligible to rent a workforce housing unit, a household's 101 sha4-fneet-the4offewing-sr4efia= gross annual income shall, at the time of application, 102 be between forty percent (40%) and ninety percent (90%) of area median income 103 or, where the building contains an elevator, between forty percent (40%) and one 104 hundred percent (100%) of area median income, adiusted for household size, The 105 tenant income eligibility criteria shall be determined in accordance with the income 106 and asset calculation rules utilized under Section 42 of the Internal Revenue Code 107 and applicable Treasury regulations, as such rules may be amended from time to 108 time. 109 110 esstpying-tht-- Unit 111 sha4;at-the-tin ,Gf-aPPlisat+en-tie-we446fGe-heas+ng--program7#ve-ef we* 112 have bena-fide-e#eFe#-"-tme 113 ernp4ey4nent-within-the--G4--ef-virginia-43eash-seramensi44g-W*th i R-1hfee-(3) 114 menth&-of-the-fire of app4isation,- 115 116 (2) Ne- embef--4 the-household-shall own-or-#ave a sentre44iag4nterest-in-any-et4er 117 real-prepey; 118 119 (3)-The-14easehe4d's-gfess-annual-+nseme-shall,at-lhe-tiwte-Gf-app4+catien-, -be 120 between-fefty-{4S)-pefGent-and-ninety--f99)-persent of aFea methan-insea►e;er; 121 where-the-mild+ng-Gontaifls-an-elevateF7-#etweea-#efty-(40)-percent-a -one 122 Oat-ndfe44440)percent of Area-Median-tnseme-adjusted-far-4 ouseheld-siz ,;and- 123 124 (4}-The-net-wo#h-ef-the43eusehold-64a4l-, rexseed4i€ty-(W-percent-of-the-total-ef 125 re4*payments #er a-pefied-ef-twelve-(42-) m nths--The-following-4teMs.--shall-net 126 be-included-in-detefrnining#tae•aet we+th e#a heuseheld� 127 128 a—The-present-value-a€--insurance-petisies,fetife+ ent-plans,furniture-or 129 household goods;-and- 130 b— 4nseme-pfedUcing- assets-+seeded-as-a-course-of inGeeme-to-meet 131 the-w4ni ng-reguirements-#er-eligible-fentef•status- 132 133 (b) Before a household may enter into a rental agreement for a workforce housing unit, 134 the property owner or manager of the unit shall verify that such household meets the 135 foregoing eligibility requirements. All property owners or managers of workforce 136 housing units for rent shall maintain a list of households it has screened and 137 determined to be eligible renters. 138 139 (c) Property owners or managers shall also maintain documentation on each household 140 currently occupying a workforce housing unit for rent. At a minimum, such 141 documentation shall include: 142 143 (4 -- efi#aeation-ef Fesi sy-er-wefk-req irements-fer-el+gibi4ty-purposes; 144 (21)Composition of the household; and 145 (32)Annual gross income for the household and each of the household members 146 whose income is included in determining eligibility. 147 148 (d) Property owners or managers shall ensure that all persons living in a workforce 149 housing rental unit are listed on the rental agreement. It shall be a condition of the 150 rental agreement for any such unit that the city may inspect the records of the 151 property owner or manager to ensure compliance with eligibility requirements and 152 may, at reasonable times, enter any workforce housing rental unit to verify that it is 153 occupied by an eligible renter. 154 155 (e) Property owners or managers shall, upon renewal of a rental agreement, but no less 156 often than annually, verify that the occupants of a workforce housing unit for rent 157 continue to meet applicable eligibility standards. 158 159 (f) if a property owner or manager determines that a household occupying a workforce 160 housing unit for rent no longer meets applicable eligibility requirements, such 161 property owner or manager shall: 162 163 (1) Require the household to vacate the unit upon the expiration of the current rental 164 agreement; or 165 (2) Allow the household to continue to occupy the unit upon expiration of the current 166 rental agreement at up to the market-based rental price and make the next 167 comparable market-based rental unit available to an eligible renter at a rental 168 price deemed affordable under the standards prescribed in this article. 169 170 The household shall be removed from the list of eligible renters and shall not thereafter 171 be eligible to rent a workforce housing unit for such period of time as applicable the 172 household meets applicable eligibility requirements. 173 174 (g) For development that is financed under a federal or state affordable housing program 175 with affordability restrictions that are at least as restrictive as the Workforce Housing 176 Program, property owners or managers may follow the rules under the federal or 177 state housing program for verifying eligibility for initial and continued occupancy,. 178 includina the treatment of households that become over-income during their tenancy, 179 to the extend such rules differ from subsections (a) (b), (e) or (f) of this section with 180 respect to the workforce housing units within the development that are subject to 181 such federal or state program. 182 183 Sec. 16-61.1 Rental Occupancy Requirements. 184 185 (a) A workforce housing unit shall be rented and occupied as the principal residence 186 of the eligible renter at all times. 187 (b) It shall be a condition of the rental agreement that an eligible renter may not assign 188 the rental agreement or sublet the Workforce Housinq Unit or any part thereof or 189 give accommodation to any roomer, lodger, or other person not on the rental 190 Agreement. 191 192 Sec. 16-52. Rental property compliance agreement. 193 194 (a) A property owner desiring to rent property under the workforce housing program shall 195 enter into a compliance agreement with the city. The terms of such agreement shall 196 be prescribed by the city and shall set forth the terms and conditions of the owner's 197 participation in the workforce housing program, including, but not limited to, 198 occupancy and rent requirements, including maximum rents, means of preserving 199 the long-term affordability of workforce housing rental units, and such other terms 200 and conditions as are, in the judgment of the director, reasonable and necessary to 201 ensure compliance with applicable provisions of this article and the goals of the 202 workforce housing program. All workforce housing rental units shall be rented in 203 conformity with the income and rent limitations specified in the compliance 204 agreement for a period of not less than fifty (50) years. Notwithstanding the 205 foregoing, in order to satisfy the requirements of a proiect's affordable housing 206 mortgage lender with respect to affordability restrictions that are intended to survive 207 a foreclosure of such lender's financing, the director is authorized to adjust the target 208 area median income set-aside and the percentage of income-restricted units within 209 the project, or other income and rent limitations that will apply following such a 210 foreclosure, as set forth in the compliance agreement, provided that (i) such adjusted 211 target is no higher than the maximum area median income or rent limitation otherwise 212 permitted under this article, (ii) such adjusted target is no lower than sixty (60) percent 213 of area median income, adiusted for household size, and NO the percentage of 214 income-restricted units within the project is no lower than the minimum number 215 otherwise required under Article 21, Section 2106 of the City Zoning Ordinance, with 216 such minimum required percentage being no greater than twenty percent (20%). 217 218 (b) The compliance agreement required by subsection (a), together with the affordability 219 terms applicable to the development, including, but not limited to, the number, type, 220 and location of workforce housing units, the income and rent limitations applicable 221 thereto, and the duration of such restrictions, shall be in a form satisfactory to the city 222 attorney and shall be recorded in the land records of the Clerk of the Circuit Court of 223 the City of Virginia Beach prior to the issuance of the first certificate of occupancy for 224 any workforce housing unit in the development. Such agreement shall run with the 225 land and shall be binding upon the owner and all successors, assigns, mortgages, 226 and other parties in interest for a period of not less than fifty (50) years from the date 227 of initial occupancy of the first workforce housing unit in the development. 228 229 (c) Notwithstanding the provisions of subsections (a) and (b), if an extended use 230 regulatory agreement, as defined in Section 42(h)(6)(B) of the Internal Revenue 231 Code, in favor of the Virginia Housing Development Authority or other state housing 232 finance agency, is recorded in the land records of the Clerk of the Circuit Court of the 233 City of Virqinia Beach against the property that is the subject of an application under 234 article 21 of the city zoning ordinance, the owner shall nonetheless be required to 235 record the compliance agreement in the aforesaid land records in accordance with 236 subsection (a). Such compliance agreement shall set forth the affordability 237 restrictions applicable to the development, including, without limitation, the specific 238 percentage of units within the development that are subject to income restrictions 239 and the applicable area median income levels for such units, together with such other 240 terms and conditions as may be required by this article and article 21 of the city 241 zoning ordinance. In the event of any conflict between the terms and conditions of 242 the compliance agreement and the extended use regulatory agreement, the 243 extended use regulatory agreement shall control for so long as the extended use 244 regulatory agreement remains in effect. The compliance agreement shall survive the 245 expiration or termination of the extended use regulatory agreement, including, 246 without limitation, any early termination upon a foreclosure or other event described 247 in Section 42(h)(6)(E) of the Internal Revenue Code. Upon the expiration or 248 termination of the extended use regulatory agreement, the affordability restrictions 249 set forth in the compliance agreement—including the specific percentage of units 250 within the development that are subiect to income restrictions and the applicable area 251 median income levels for such units—shall remain in full force and effect for the 252 remainder of the original fifty (50)year term of the compliance agreement. The owner 253 shall provide the director with a true copy of the recorded extended use regulatory 254 agreement and any amendments thereto. 255 256 (d) No substantial modification of a recorded compliance agreement shall be effective 257 unless approved by the city council, upon recommendation of the director, and such 258 modification is recorded in the land records of the Clerk of the Circuit Court of the 259 City of Virqinia Beach. Notwithstanding the foregoing, if an extended use regulatory 260 agreement, as defined in Section 42(h)(6)(B) of the Internal Revenue Code, is 261 recorded pursuant to subsection (c) above, then city council approval will not be 262 required unless such modification reduces the affordability requirements for the 263 development below the levels required by the compliance agreement between the 264 property owner and the city. 265 266 (be) Property owners or managers shall, upon request of the director, provide a copy of 267 their most current tenant selection policy or criteria. 268 269 (sf) Any material failure to comply with the terms of a compliance agreement shall subject 270 the owner to a liquidated damages penalty in the amount of fifty dollars ($50.00) per 271 unit for each day such noncompliance continues, unless the director waives such 272 penalty, in whole or in part, based upon his determination that the owner has taken 273 timely corrective action to cure such noncompliance. Liquidated damages collected 274 by the city shall be deposited into the workforce housing revolving fund. 275 276 Sec. 16-53. Rental procedures. 277 278 . . . . 279 280 (c) Any household desiring to rent a workforce housing rental unit shall submit to the 281 property n4anager owner or manager an application for determination of its 282 eligibility to rent a workforce housing unit. Such application shall contain such 283 information concerning the resWensy, empleymeRt,gross income and Ret-woc 284 assets for each member of the household as may be necessary to determine the 285 eligibility of such household. The property owner or his designee 286 shall determine the eligibility of the household and shall promptly notify the director 287 of its determination. 288 289 . . . . 290 291 DIVISION 4. ADDITIONAL PROVISIONS 292 293 . . . . 294 295 Sec. 16-56.Violations. 296 297 (a) The following tables list certain violations of the Workforce Housing ("WFH") Program 298 requirements and the penalties for their violation. Where more than one penalty is 299 prescribed, they shall be deemed cumulative, such that any or all applicable 300 penalties may be imposed: 301 302 . . . . 303 304 305 Table 2 rentals of workforce housing units): Program Violation Penalties Falsification of eligibility requirements such Permanent loss of eligibility for the WFH as income, reci�'��,de;Gy, empleyreer orprogram. persons who will be occupying the unit, etc. Must move from the units within 60 days Irom date of written notice of being in violation of program Must pay market rate rent on the unit until ,the unit is vacated Failure to occupy WFH unit as primary Immediately reoccupy WFH unit. residence If unable to reoccupy unit, the following penalties apply: 1. Permanent loss of eligibility for the WFH ro ram. . Must move from the unit within 60 days. 3. Required to pay market rate rent on uni after receiving notice of violation until unit i vacated Failure to list all persons living in the I. Permanent loss of eligibility for the WFH household on lease; allowing person or program. persons not listed on lease to move in afte►2. Must move from the WFH unit. lease is signed 3. Required to pay market rate rent until household is in compliance or moves from the unit. 4. Unauthorized persons must immediately move from WFH unit. 306 307 . . . . Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of August , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Housing a d Ne g borhood y-Att ey's Office Preservation CA17287 R-1 August 4, 2026 17 1.2 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, the City Council ADOPTED, BY CONSENT, Resolution to APPROVE the 2026 Plan of Financing with the Virginia Beach Development Authority (VBDA) not to EXCEED $175-Million, APPROVE certain documents prepared in connection with such financing and AUTHORIZE the execution and delivery of the same Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing from time to time of projects for the acquisition, construction, renewal, upgrade, replacement and other improvements for various public facilities and equipment, including projects for public buildings and structures; public school facilities; public streets and roads and related infrastructure; computer and information technology systems; aquarium facilities; communications systems and related hardware and software; public parks and other recreational facilities; and funding for sports tourism and economic development programs (collectively, the "2026 Projects"); and WHEREAS, the City further desires to achieve debt service savings by refinancing certain of the public facility revenue bonds and refunding revenue bonds (the "Prior Bonds") previously issued by the Authority on behalf of the City to finance or refinance various public facilities; and WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of"Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its Public Facility Revenue Bonds in the maximum principal amount of $175,000,000 (the "Series 2026 Project Bonds") and its Public Facility Refunding Revenue Bonds (the "Series 2026 Refunding Bonds") in the maximum principal amount necessary to pay the principal of, premium if any, interest on and related issuance cost of any Prior Bonds to be reftmded, to finance the 2026 Projects and refund selected Prior Bonds and in paying costs of issuing the Series 2026 Project Bonds and Series 2026 Refunding Bonds (together the "Series 2026 Bonds); and WHEREAS, there have been provided or made available to City Council of the City (the "City Council") drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2026 Projects, the refunding of the Prior Bonds and the issuance and sale of the Series 2026 Bonds, which Documents will be provided to the Authority in connection with the approval requested of the Authority: (a) Thirteenth Supplemental Agreement of Trust draft, to be dated the first day of the month of its execution and delivery (the "Thirteenth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as 4918-2582-9818.4 previously supplemented, including the form of the Series 2026 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2026 Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Twelfth Supplemental Support Agreement draft, to be dated the first day of the month of its execution and delivery, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (tile "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2026 Bonds; (c) Preliminary Official Statement draft of the Authority, to be dated the date of its public distribution, relating to the public offering of the Series 2026 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft, to be dated the first day of the month of its execution and delivery, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2026 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. The following plan for financing the 2026 Projects and refunding the Prior Bonds is hereby approved. (a) The Authority will issue the Series 2026 Project Bonds in a maximum aggregate principal amount not to exceed $175,000,000, The Authority will issue the Series 2026 Reftrnding Bonds in the maximum principal amount necessary to pay the principal of, premium if any, and interest on any Prior Bonds to be refunded plus issuance costs and expense related to any such reftnding. The Authority will use the proceeds of the Series 2026 Bonds to finance the costs of the 2026 Projects and proceeds of the Series 2026 Refunding Bonds to refund the Prior Bonds selected for refunding, all within the limitations set forth in paragraph (b) and Section 4 below, and at the election of the City Manager to pay all or a portion of the costs of issuance of the Series 2026 Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2026 Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Series 2026 Bonds will be limited to Annual Payments and Additional Payments received from the City. The Series 2026 Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Series 2026 Bonds. The undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations an in amount sufficient for such purposes. The plan of financing 2 4918.2582-9818.4 for the 2026 Projects shall contain such additional requirements and provisions as may be approved by the City. (b) In connection with the refunding of the Prior Bonds, the City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and, working with the Authority, to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the City's financial advisor, Davenport & Company LLC (the "Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold portions of the proceeds of the Series 2026 Bonds, defeasance securities purchased with such proceeds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 2. The City Council,while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes, including changes to the dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at all times sufficient to snake, the payments on the Series 2026 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as sliall be satisfactory to the City Manager;subject to the following: (a) With respect to the Series 2026 Project Bonds, such bonds (i) sliall mature annually in installments through serial maturities or mandatory sinking firnd payments beginning no later than February 1, 2028, and ending no Iater than February 1, 2048, (ii) have a true or "Canadian" interest cost not exceeding (A) 5.00% respecting any such bonds issued as tax- exempt obligations and (B) 6.50% respecting any such bonds issued as taxable obligations (in each case taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than 99% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than February 1, 2037, 3 4918-2582-9818.4 at an optional redemption price of no more than 100% of the principal amount to be redeemed plus accrued interest to the optional redemption date; and (b) With respect to the Series 2026 Refunding Bonds, such bonds (i) shall mature not later than the end of the fiscal year in which the related series of Prior Bonds being refunded matures, (ii) have a true or "Canadian" interest cost not exceeding 5.00% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than 99% of the aggregate principal amount thereof and (iv) may or may not be subject to optional redemption prior to maturity depending on their term to maturity as determined by the City Manager in consultation with the Financial Advisor. (c) The City Manager is fiurther authorized to approve the principal amounts, maturity schedules and interest payment dates, including determination of any serial maturities and any term maturities, for the Series 2026 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2026 Bonds in one or more series at the same time or at different times as tax-exempt or taxable obligations, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (d) The Series 2026 Bonds may be sold by competitive bid, negotiated sale to one or more underwriters or private placement as the City Manager may determine in consultation with the Financial Advisor. The Series 2026 Bonds may be issued in one or more series in the principal amount determined by the City Manager, in collaboration with the Financial Advisor. In the case of a competitive sale, the City Manager shall receive bids and award the Series 2026 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraphs above. In the case of a negotiated sale or private placement, the City Manager and the Finance Director, with the consent of the City Manager are each authorized to enter into a purchase contract or agreement for the sale of the Series 2026 Bonds, subject to the limitations set forth in the paragraphs above. Following the sale of the Series 2026 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2026 Bonds. The actions of the City Manager in approving the terms of the Series 2026 Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2026 Bonds. Such distribution sliall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2026 Bonds, within the limitations as set forth in Section 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and 4 4918-2582-9818.4 distribution thereof to the purchaser or purchasers of the Series 2026 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2026 Bonds issued as tax-exempt obligations to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on such Series 2026 Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any tirne to rebate to the United States of America any part of the earrings derived from the investment of the gross proceeds of such Series 2026 Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. To ensure compliance with federal tax law regarding tax-exempt obligations after the Series 2026 Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post-Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Series 2026 Bonds, including the use of the projects financed and refinanced with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements, and to ensure compliance with continuing disclosure requirements of federal securities law with respect to the Series 2026 Bonds, such officers are authorized and directed to apply the continuing disclosure procedures contained in such Compliance Policies and Procedures to such Series 2026 Bonds. 8. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Series 2026 Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Conunonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2026 Bonds, the undertaking of the 2026 Projects and the refinancing of the Prior Bonds are hereby approved and ratified. The City Manager is authorized to prepare, modify or amend such documents and agreements as may be required to evidence the approval of such other actions. 11. The City Manager is authorized and directed to cause a certified copy of this Resolution to be filed with the Authority to evidence the City Council's request for assistance and approval of the plan of financing for the 2026 Projects and refinancing of the Prior Bonds through the issuance by the Authority of the Series 2026 Bonds. 5 4918-2582-9818.4 12. This Resolirtion shall take effect immediately. CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA ON August 18,2026. 1� Clerk, City Council of the City of Virginia Beach,Virginia 6 4918-2582-9818.4 Adopted by the City Council of the City of Virginia Beach,Virginia,thisl 8th day of August 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL �UF IENCY: Finance Department City Attorney's Office CA-17287 R-1 August 6,2026 7 4918-2582-9818.4 18 1.3 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond,the City Council ADOPTED, BY CONSENT, Resolution to ESTABLISH a moratorium on the issuance of permits related to any new data centers for twelve (12) months from the adoption of this Resolution or until such time as City Council takes final action on an Ordinance regulating data centers, whichever occurs first Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 1 A RESOLUTION ESTABLISHING A MORATORIUM ON 2 THE ISSUANCE OF PERMITS RELATED TO ANY NEW 3 DATA CENTER FOR TWELVE MONTHS FROM THE 4 ADOPTION OF THIS RESOLUTION OR UNTIL SUCH TIME 5 AS CITY COUNCIL TAKES FINAL ACTION ON AN 6 ORDINANCE REGULATING DATA CENTERS, 7 WHICHEVER OCCURS FIRST 8 9 WHEREAS, on April 8, 2026, the Planning Commission was given a briefing on 10 data centers, which generated discussion among Commissioners regarding the current 11 regulatory framework and a recommendation that City Council also receive a briefing on 12 the use; 13 14 WHEREAS, on June 2, 2026, the Departments of Information Technology and 15 Planning and Community Development provided a briefing on data centers and current 16 land use regulations to City Council; 17 18 WHEREAS, this use is not specifically identified in the City's Zoning Ordinance, 19 data centers are considered "[w]holesaling, warehousing, storage, or distribution 20 establishments", which are permitted by right within the City of Virginia Beach, solely in 21 the Industrial Districts; 22 23 WHEREAS, City Council directed staff to bring forward an amendment to the 24 Zoning Ordinance banning all large data centers; 25 26 WHEREAS, since that time, staff has reached out to industry professionals and 27 reviewed existing data center ordinances and regulations revealing that although there is 28 an abundance of information about data centers, there are no established industry 29 standards or best practices; 30 31 WHEREAS, establishing a moratorium on the issuance of permits related to any 32 new data centers while research and stakeholder engagement continues, will provide the 33 time necessary to craft a Data Center Ordinance that promotes the health, safety, and 34 welfare of the citizens of the City; 35 36 WHEREAS, a moratorium on the issuance of permits related to any new data 37 center while land use impacts of the use are fully vetted is consistent with good zoning 38 practice; 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 That there is moratorium on the issuance of permits related to any new data center, 44 as a primary use, which shall remain in place for twelve (12) months from the date of this 45 resolution or until such time as City Council takes final action on an ordinance regulating 46 data centers, whichever occurs first. Adopted by the City Council of the City of Virginia Beach, Virginia on the 18th day August , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fanning Department Cs y Attorney's Office CA17291 R-1 August 6, 2026 2 19 1.4 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a 5' City-owned drainage and utility easement, located along the sides and rear of 700 Greensboro Avenue re construct and maintain a vinyl bulkhead, return walls and maintain an existing timber bulkhead DISTRICT 5, Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A 5' CITY-OWNED DRAINAGE 6 AND UTILITY EASEMENT, LOCATED 7 ALONG THE SIDES AND REAR OF 8 700 GREENSBORO AVENUE 9 10 WHEREAS, Alexander R. Oliver and Sabra D. Oliver (collectively, the 11 "Applicant"), request permission to construct and maintain a 62.7' vinyl bulkhead, a 5' 12 return wall, and a 6' return wall, and to maintain an existing timber bulkhead (collectively, 13 the "Temporary Encroachment"), into a 5' City-owned drainage and utility easement, 14 located along the sides and the rear of 700 Greensboro Avenue (GPIN: 2427-01-4893); 15 and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, their heirs, 26 assigns and successors in title are authorized to maintain the Temporary Encroachment 27 within the City-owned property as shown on the exhibit entitled: "EXHIBIT A 28 ENCROACHMENT REQUEST FOR RETURN WALLS AND TIMBER AND VINYL 29 BULKHEADS LOCATED IN 5' PUBLIC UTILITY & DRAINAGE EASEMENT ON LOT A, 30 BLOCK 42 SHADOWLAWN HEIGHTS (MB 131, PG 50)," Scale: 1" = 25', dated October 31 27, 2025, and revised thru March 24, 2026, prepared by Marine Engineering LLC, a copy of 32 which is attached hereto as Exhibit A and is on file in the Department of Public Works and 33 to which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 36 subject to those terms,conditions and criteria contained in the agreement between the City 37 of Virginia Beach and the Applicant (the "Agreement"), a copy of which has been presented 38 to the Council in its agenda, and will be recorded among the records of the Clerk's Office of 39 the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Applicant and the City Manager or his authorized designee execute the 46 Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th 48 day of August , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Qj PU LI WORK / REAL ESTATE LUCIA G. WHITLOW ASSOCIATE CITY ATTORNEY CAI 7031 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of .�t , 20Z6, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ALEXANDER R. OLIVER and SABRA D. OLIVER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot A as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 2, 4, 6, AND 8, BLOCK 42 SHADOW LAWN HEIGHTS (MB 7, P 14) (SHEET 3) AND A PORTION OF CYPRESS AVENUE (FORMERLY CASPIAN AVENUE) AND GREENSBORO AVENUE (DB 827, P 399) (DB 1094, P 447) (DB 1838, P 432) VIRGINIA BEACH BOROUGH-VIRGINIA BEACH, VIRGINIA," which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map book 131, page 50, and being further designated, known, and described as 700 Greensboro Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 62.7' vinyl bulkhead, 5' return wall, and 6' return wall and to maintain an existing timber bulkhead (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment GPIN: 5' DRAINAGE & UTILITY EASEMENT (NO GPIN ASSIGNED) 2427-01-4893 (700 GREENSBORO AVENUE) it is necessary that the Grantee encroach into City-owned easement known as 5' public drainage and utility easement, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR RETURN WALLS AND TIMBER AND VINYL BULKHEADS LOCATED IN 5' PUBLIC UTILITY & DRAINAGE EASEMENT ON LOT A, BLOCK 42 SHADOWLAWN HEIGHTS (MB 131, PG 50)," Scale: 1" = 25', dated October 27, 2025 and revised thru March 24, 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. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 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, Alexander R. Oliver and Sabra D. Oliver, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name 4 and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK' . 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Notary Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Notary Commission Expires: 6 ALEXANDER R. OLIVER SABRA D. OLIVER STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this day of V\ 20akby Alexander R. Oliver and bra D. Oliver. i AL) Notary Public My Notary Registration Number: 1% 9 My Notary Commission Expires: FDANA Y.PETERMANTARYPUBLIC EG.#7884791 EALTH OF VIRGINIASION ExP 8 001/2028 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM � J , PUBLIC WORKS — REAL ESTATE LUCIA G. WHITLOW ASSOCIATE CITY ATTORNEY l� THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. SHADOW LAWN HGTS LOT X BLK 43 SHADOW LAWN HGTS LOT A-1 BLK 43 SHADOW LAWN HGTS ,/� W N/F EMERY A& ALYSE M CHICKEY N/F STEPHEN BECKWITH 2OFT X 50FT GREENSBORO GPIN#2427013964 GPIN#2427014934 AVE CLOSED G) INSTR#20150914000896030 20160603000474130 N/F LINDA FORE HINNANT o MB 207 PG 16 MB 207 PG 13 GPIN#247015922 5p') RIPRAP R BBLE PROPOSED 62.7'LONG MHW MBk PG 4\ GNSP�A �pG 14 NOT PART F THIS (214'O.A.A-F)VINYL --DB 2897 PG 22 �'\ MQ y -o s ENCROAC MENT BULKHEAD \ u' 2 n o 6 PUBLIC UTILITY& 00 D INAGE EASE-MEN� MA31 PG 50 °Oppp'R -- r — 130.flfl' N 83 LAKE RUDEEE g - � MB 131 PG50, a,"' 0 N SW PIPE OUTFA L - J^50.3' MB 7 PG 14 C t 3.2' '' MHW AT EXISTING TIMBER BULKHEAD TO REMAIN `'0' M W \ N - __EX0EPT-F6R REPLACEMENT NEAR PT A ',D y p �► o _ 26"W �� W Z G fi m 0 X. � � }` PROPOSED 5'LONG 'ti SHADOW LAWN HGTS LOT A BLK 42 ,,v, n o o J RETURN WALL ALE NDER R&SABRA D OLIVER IPF (6'O.A.) �� IN 2427014893 PRIVATE ING ESS 1 `, INST 20190418000304130 v EGRESS EASEMENT pV� o ',1 MB 131 PG 50 MBA Q�fl flO"i0 CPRIBB- N N o ',1' co THIS EXHIBIT IS A RESULT OF FIELD MLW TIES TO EXISTING MONUMENTS -'co)N ', #700 ,� COMBINED WITH THE COMPILATION OF DEEDS AND � PLATS SHOWN HEREON AND DOES �v NOT CONSTITUTE A BOUNDARY 0 < SURVEY. ', PROPOSED 6'LONG r" ` �rx o� RETURN WALL ` -- IPF s tyw'flT WK 29-01 X-1 gLK29 DAVID KLEDZIKwN\ATsB� Lia. No.034674 6L�42 sHAOO\N V pM`IERS O 3/24/2026 IS gyp!5&T CpflK 141E PA�RIGIA 5Tg4 flg1A254 1 A`NN NG N &RAGAN p1A751 GPIN#2 2415p82100 0' 10' 25' s�ONAL SHP00 Hew yClL1 GPiN#242T 13260 \t4S3R# 3g5 NIF RY PN M 2fl2flfl6160445 G 14 pg 369 P PG 1451 Ng�R# Ms T P 4g 316fl SCALE:1*= 25' APPLICATION FOR EXHIBIT A PREPARED BY: ENCROACHMENT BY: MARINE ENGINEERING LLC ALEXANDER & SABRA OLIVER ENCROACHMENT REQUEST FOR RETURN 1932 CHARLA LEE LN GPIN 2427014893 WALLS AND TIMBER AND VIRGINIA BEACH, VA 23455 INSTR# 20190418000304130 VINYL BULKHEADS LOCATED IN 5' 757 477-4787 700 GREENSBORO AVE PUBLIC UTILITY & DRAINAGE EASEMENT SHEET 1 OF 1 ON LOT A, BLOCK 42 SHAWDOWLAWN DATE: OCTOBER 27, 2025 VIRGINIA BEACH, VA 23451 HEIGHTS (MB 131, PG 50) REVISION 2: MARCH 24, 2026 20 1.5 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, the City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the use of$75,000 from the Sandbridge Special Service Fund re creation of a Sandbridge water tower mural (Requested by Mayor Dyer and Council Member Henley) Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 REQUESTED BY THE MAYOR AND COUNCILMEMBER HENLEY 1 AN ORDINANCE TO AUTHORIZE THE USE OF 2 $75,000 FROM THE SANDBRIDGE SPECIAL 3 SERVICE FUND FOR THE CREATION OF A MURAL 4 ON THE SANDBRIDGE WATER TOWER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT- 8 9 $75,000 from the Sandbridge Special Service District Fund is hereby authorized 10 to be used for the creation of a mural on the Sandbridge water tower. The revenue 11 supporting this authorization shall come from the dedication of 5% transient occupancy 12 tax occurring within the Sandbridge Special Service District. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of August , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r i Budget and Management Services City Attorney's Office CA17288 R-1 August 4, 2026 21 1.6 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, the City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $55,515 from the Edward Bryne Justice Assistance Grant (JAG) to the FY 2026-27 Police Operating Budget re purchase of a narcotics tester and an equine Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE DEPARTMENT OF JUSTICE TO THE FY 2026- 3 27 POLICE DEPARTMENT OPERATING BUDGET 4 5 WHEREAS, the City Council provided an opportunity for public comment upon the 6 foregoing uses of federal funds at the August 18, 2026, Formal Session; 7 8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1. $55,515 is hereby accepted from the Department of Justice Edward Bryne 12 justice Assistance Grant and appropriated, with federal revenue increased accordingly, 13 to the FY 2026-27 Police Department to purchase a narcotics tester and an equine. 14 15 2. The Mayor, in his capacity as chief elected official of the City of Virginia Beach, 16 is hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary 17 agreements, certifications, and assurances as instructed and required by the United 18 States Department of Justice. 19 20 3. The replacement of the above items purchased with these grant funds is 21 conditioned upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th 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: O' orn s Office CA17290 R-1 August 5, 2026 22 J.1 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, the City Council APPROVED,AS CONDITIONED, BY CONSENT, application of ALLISON H. SITAR& ANTHONY J. SITAR for a Street Closure re 7.5' x 50' portion of an unnamed, unimproved 15' lane and the eastern 25'x 125' unimproved portion of Holly Road along the rear of and adjacent to 252 Bay Colony Drive DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ALLISON H. SITAR&ANTHONY J. SITAR for a Street Closure re 7.5'x 50' portion of an unnamed, unimproved 15' lane and the eastern 25'x 125' unimproved portion of Holly Road along the rear of and adjacent to 252 Bay Colony Drive DISTRICT 6 The following conditions shall be required: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach of a public utility and access easement over approximately the western 12.5' of the closed portion Holly Road, over the closed portion of the lane, and over the rear 12.5' of the applicant's lot for access to and maintenance of the public infrastructure located within or to be located within the alley, which easement is subject to approval of the Department of Public Utilities and City Attorney's Office, respectively, and which easement shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors and assigns, shall verify that no private utilities exist within the Right-of-Way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and access easement to be dedicated to the City of Virginia Beach as set forth in Condition 2, the applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and access easement. August 18, 2026 23 J.1 PLANNING (Continued) 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the Right-of-Way this approval shall be considered null and void. 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 18th day of August, Two Thousand Twenty Six. Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 1 ORDINANCE APPROVING APPLICATION OF 2 ALLISON H. SITAR AND ANTHONY J. SITAR FOR 3 THE CLOSURE OF A PORTION OF AN UNNAMED, 4 UNIMPROVED 15' LANE AND AN UNIMPROVED 5 PORTION OF HOLLY ROAD ADJACENT TO 252 6 BAY COLONY DRIVE 7 8 WHEREAS, Allison H. Sitar and Anthony J. Sitar (the "Applicant"), applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 unimproved rights-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved rights-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before two (2) years from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described unimproved portions of an unnamed, unimproved 15' 22 lane and an unimproved portion of Holly Road (collectively, the "Right-of-Way") be 23 discontinued, closed and vacated, subject to certain conditions being met on or before 24 two (2) years from City Council's adoption of this ordinance: 25 26 ALL THOSE certain pieces or parcels of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE (3,312 29 SQ. FT. OR 0.076 ACRES)" and "AREA OF PROPOSED LANE 30 CLOSURE (375 SQ. FT. OR 0.009 ACRES)", shown as the honey- 31 combed and the cross-hatched areas on that certain exhibit plat 32 entitled: "STREET CLOSURE EXHIBIT OF A 25' X 132.5' 33 PORTION OF HOLLY ROAD AND A 7.5' X 50' PORTION OF AN 34 UNNAMED 15' LANE ADJACENT TO LOT 126 THE HOLLIES 35 (M.B. 6, PG. 107) VIRGINIA BEACH, VIRGINIA", Scale: 1"=30', 36 dated June 26, 2026, prepared by WPL, a copy of which is 37 attached hereto as Exhibit A. 38 39 SECTION II 40 41 The following conditions must be met on or before two (2) years from City Council's 42 adoption of this ordinance: 43 44 NO GPIN (Right-of-Way) 45 Adjacent GPIN: 2418-87-1755 46 1. The City Attorney's Office shall make the final determination regarding 47 ownership of the underlying fee. The purchase price to be paid to the City shall be 48 determined according to the "Policy Regarding Purchase of City's Interest in Streets 49 Pursuant to Street Closures," approved by City Council. 50 51 2. The Applicant, or the Applicant's successors and assigns, shall 52 resubdivide the property and vacate internal lot lines to incorporate the closed area into 53 the adjoining lot. The resubdivision plat must be submitted and approved for recordation 54 prior to the final street closure approval. Said plat must include the dedication to the City 55 of Virginia Beach of a public utility and access easement over approximately the 56 western 12.5' of the closed portion Holly Road, over the closed portion of the lane, and 57 over the rear 12.5' of the applicant's lot for access to and maintenance of the public 58 infrastructure located within or to be located within the alley, which easement is subject 59 to approval of the Department of Public Utilities and City Attorney's Office, respectively, 60 and which easement shall include a right of reasonable ingress and egress. 61 62 3. The Applicant, or the Applicant's successors and assigns, shall verify that 63 no private utilities exist within the Right-of-Way proposed for closure. If private utilities 64 do exist, easements satisfactory to the utility company, must be provided and shall be 65 recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 66 67 4. Prior to the finalization of the street closure, if any improvements are to 68 remain or be constructed in the public utility and access easement to be dedicated to 69 the City of Virginia Beach as set forth in Condition 2, the applicant shall apply for an 70 encroachment agreement with the City for the improvements located or to be located in 71 the public utility and access easement. 72 73 5. Closure of the Right-of-Way shall be contingent upon compliance with the 74 above stated conditions within 730 days of approval by City Council. If the conditions 75 noted above are not accomplished and the final plat is not approved for recordation 76 within two years of the City Council vote to close the Right-of-Way this approval shall be 77 considered null and void. 78 79 SECTION III 80 81 1. if the preceding conditions are not fulfilled on or before August 17, 2028, 82 this Ordinance will be deemed null and void without further action by the City Council. 83 84 2. If all conditions are met on or before August 17, 2028, the date of final 85 closure is the date the street closure ordinance is recorded by the City Attorney, 86 87 3. In the event the City of Virginia Beach has any interest in the underlying 88 fee, the City Manager or his designee is authorized to execute whatever documents, if 89 any, that may be requested to convey such interest, provided said documents are 90 approved by the City Attorney's Office. 91 SECTION IV 92 93 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 94 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 95 VIRGINIA BEACH as "Grantor" and ALLISON H. SITAR AND ANTHONY J. SITAR, as 96 "Grantee." 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th day 98 of Au ust , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA17152 August 3, 2026 EXHIBIT A NOTES: 1, THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PRO DED FOR THIS PROPERTY. N/F I N/F N/F MATTHEW WHITE & I JACK L SIEGEL & I JOHN R SAVINO JR VALERIE WHITE USA A BERTINI & SANDRA S SAV1NO (I.N. 202303013507) (I.N. 20030529000832140) I LOT 147 LOT 149A LOT 148A (M,B. 6, PG. 107) (I.N. 20161110001021810) (1.N, 20161110001021810) (I.N. 20121107001294360) GPIN: 2418-87-0843 GPIN: 2418-87-1815 GPIN; 2418-87-1884 N 7425'JO" £ 75' (O.A) 15" LANE 75.00' 25' 50 (UNIYPROVETD) (M,B, 6, PG, 107) 7.5' 7.5' h i AR, A OF N/F I PROPOSED LANE PAUL A HOLUWD & CLOSURE BRENDA E, PARENT tdi (375 SO, FT. OR LOT 125 0 I Lt. 0,009 ACRES) (M•B. 6, PG. 107) ( � (D.B. 3123, PG. 1389) Q N( � GPIN: 2418-87-2706 LOT 126 V N/F ti I o � AWSON H. SITAR & W ANTHONY J. SITAR o L` O (I.N. 202603026424) RYA N/F J (M.S. 6, PG. 107) EMMET S. GATHRIGHT & _ i� GPIN. 2418-87-1755 MELISSA MCKENDRY (I.N. 202603030190) Z` AREA OF �' RIC ARNER LOT 127-At PROPOSED Lic, 2904 (D.B, 3829, PG. 657) STREET CLOSURE 0313112026 GPIN; 2418-87-0770 (3,312.5 SO, fT (3 VARIABLE WIDTH I OR 0.076 ACRES) SU0 PUBLIC UTILITY AND I ACCESS EASEMENTS �N (IN. 202507000147) I 25' 50' S 74 25'JO N W 75' (O.A.) 450' TO MYRTLE AVENUE BA Y COLONY DRIVE (70' Rl (FORMERLY AVENUE C) M.B. 6, PG. 107) SCALE: 1"=30' SHESTREW CLOSURE SIMIT UN 20 ET 1 2 OF DUNE 28, 28 A 26' X 132.6' PORTION OF HOLLY ROAD AND A 7.6' X 60' PORTION OF AN UNNAUR 16' LANB Ir2le ADJACENT TO LOT 128 LondScopeAmNlec{ure THR HOLLIEs LondSurvey'ing W-431-1041 CMI Engineering Y.p�ile.com ��D �(}M�.�B. 6,,�PG. 1�007p) �}�� 242 MUSTANG (IAI(. SUIT( S �IRGD A BRACH, �IRGMA YIIGINIA 1(ACN. VIIGINIA 1.1157 CAD/ohk: BK14/eaQ I CITY OF VMGD A BEACH, VA PLAT: H-601 JN:226-00©1 NOTES; 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY, N/F I N/F I N/F MATTHEW WHITE & I JACK L SIEGEL & I JOHN R SAVINO JR VALERIE WHITE USA A BERTINI & SANDRA S SAVINO (I.N. 202303013507) (I.N. 20030529000832140) LOT 147 LOT 149A LOT 148A (M.O. 6, PG, 107) (I.N, 20161110001021810) (I.N. 20161110001021810) (I.N. 20121107001294360) GPIN: 2418-87-0843 GPIN: 2418-87-1815 GPIN; 2418-87-1884 N 74 25'30" £ 75' (0.A) 15' LANE 75,00' , (UNIMPROVED) (M.B. 6, PG. 107) ---��— -- 75' �,Se I � I N/F QS ( O o 1 UV7Y PAUL A HOLLAND & BRENDA E. PARENT cYr of I LOT 125 co I e N/IYY,NW BEACH (M,B. 6, PG. 107) r N 20' SETBACK I (D.B. 3123, PG. 1389) GPIN: 2418-87-2706 /EMMIET LOT 1261 LTxo2 0 N/F N pAWSON H, SfTAR &AN HONY J. SfTAR(I.N, 202603026424)N/F J "' (M,B. 6, PG. 107) RIC ARNER S, GATHRIGHT & Jh GPIN: 2418- -1755 Lie. 2004 LISSA MCKENDRY BUILDING I U, 0612612026 (IN 202603030190 ) O I 2 SET84CK LOT 127 PG, SETBACK LINE (TYP.) S LTRv� l�t� ( D B, 3829, 657)GPIN: 2418-87-0770 - 5 1 CK VARIABLE WIDTH I 12.5'PU6uc UnUIY (3 SETBA `� a4 FED W ME 017Y OF I PUBLIC UTILITY ANDL�SEVC j ACCESS EASEMENT J MM4 BELCH #I (IN. 202507000147) 5' 50' S 74 25',TO" W 75' (O.A.) 450' TO !I! MYRTLE AVENUE�' 1 BA Y COLONY DRIVE (70' R/GSA) (FORMERLY AVENUE C) ((M.B, 6, PG. 107) SCALE: 1"=30' STREET' CLOSURE EASEMENT EXHIBIT SHEET 2 OF 2 OF JUNE 28, 2028 A 26' X 132.6' PORTION OF HOLLY ROAD AND A 7.6' X 60' PORTION OF AN UNNAMED 16' LANB ADJACENT TO LOT 126 Londscope ArcNecture M HOLLIES Lond Surveying 15)-431.1041 Civil Engnee4og v'plsile.com t� �(Mn.�$. 6,,LPG. 1,}077) 242 !AUS IANG RAIL. SUIII ! .IRGINlA BEACH ♦ERGINIA � VISGINIA St ACN. VIRGINIA 23JS7 CAD/onk: BKM/eag CITY OF VIRGDnA BEACH, VA IPLATi H-891 JN:228-0081 i 24 J.2 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of 33rd STREET, LLC for a Street Closure re approximately 3,680 square feet improved portion of 33rd%Street adjacent to 3300& 3330 Pacific Avenue and 305 33rd Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 33rd STREET, LLC for a Street Closure re approximately 3,680 square feet improved portion of 33rd %Street adjacent to 3300 & 3330 Pacific Avenue and 305 33rd Street DISTRICT 6 The following conditions shall be required: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat shall include the dedication to the City of Virginia Beach for right-of-way purposes of an approximately 32' strip of land along the southwest side of the Applicant's property between the south side of the area proposed for closure and the north side of 33rd Street, subject to the approval of the Department of Public Works and the City Attorney's Office. 3. Prior to the recordation of the final plat, the final infrastructure design showing the rerouting of public stormwater and utilities, including any required variances, shall be approved by the Departments of Planning, Public Works, and Public Utilities. Approval of the street closure request shall not constitute approval of the final infrastructure design or any associated variances. 4. There appear to be private utility facilities located within the Right-of-Way proposed for closure; therefore, the Applicant shall provide written agreement with the appropriate utility company regarding the utility company's approval of the relocation of the facilities located within the area proposed for closure and, if required by the utility company, shall provide an easement satisfactory to the appropriate utility company for the relocated facilities. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within 730 days of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. August 18, 2026 25 J.2 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 18th day of August, Two Thousand Twenty Six. Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 1 ORDINANCE APPROVING APPLICATION OF 2 33RD STREET, LLC FOR THE CLOSURE OF 3 AN APPROXIMATELY 3,680 SQ. FT. 4 IMPROVED PORTION OF 33RD 1/2 STREET 5 ADJACENT TO 3330 & 3300 PACIFIC 6 AVENUE AND 305 33RD STREET 7 8 WHEREAS, 33 d Street, LLC, a Virginia limited liability company (the "Applicant"), 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described improved portion of right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said improved portion of right- 13 of-way be discontinued, closed, and vacated, subject to certain conditions having been 14 met on or before two (2) years from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described improved portion of 33Id '/2 Street (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before two (2) years from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "PORTION OF 33RD '/2 STREET (M.B. 4, P. 28 266)(M.B. 5, P. 151) TO BE CLOSED AREA=3,680 SQ. FT. 29 OR 0.084 ACRE" and shown as the shaded area on that 30 certain street closure exhibit entitled: "STREET CLOSURE 31 EXHIBIT SHOWING PORTION OF 33RD % STREET, 32 BLOCK 107 MAP III VIRGINIA BEACH DEVELOPMENT 33 COMPANY (M.B. 4, P. 266) AND LINKHORN PARK(M.B. 5, 34 P. 151) TO BE CLOSED VIRGINIA BEACH, VIRGINIA, 35 Scale: 1" = 50', dated February 4, 2026, prepared by 36 Timmons Group, a copy of which is attached hereto as 37 Exhibit A. 38 39 SECTION II 40 41 The following conditions must be met on or before two (2) years from City 42 Council's adoption of this ordinance: 43 44 No GPIN Assigned (City Right-of-Way) 45 Adjacent to GPINs: 2418-93-9083, 2428-02-0963, 2428-02-0835, 2418-92-9868, and 46 2418-92-8882 47 1. The City Attorney's Office shall make the final 48 determination regarding ownership of the underlying fee. The purchase price to be paid 49 to the City shall be determined according to the "Policy Regarding Purchase of City's 50 Interest in Streets Pursuant to Street Closures," approved by City Council. 51 52 2. The Applicant shall resubdivide the property and vacate internal lot lines to 53 incorporate the closed area into the adjoining property. The resubdivision plat must 54 be submitted and approved for recordation prior to final street closure approval. Said 55 plat shall include the dedication to the City of Virginia Beach for right-of-way purposes of 56 an approximately 32' strip of land along the southwest side of the Applicant's property 57 between the south side of the area proposed for closure and the north side of 58 33"Street, subject to the approval of the Department of Public Works and the City 59 Attorney's Office. 60 61 3. Prior to the recordation of the final plat, the final infrastructure design 62 showing the rerouting of public stormwater and utilities, including any required 63 variances, shall be approved by the Departments of Planning, Public Works, and Public 64 Utilities. Approval of the street closure request shall not constitute approval of the final 65 infrastructure design or any associated variances. 66 67 4. There appear to be private utility facilities located within the Right-of-Way 68 proposed for closure; therefore, the Applicant shall provide written agreement with the 69 appropriate utility company regarding the utility company's approval of the relocation of 70 the facilities located within the area proposed for closure and, if required by the utility 71 company, shall provide an easement satisfactory to the appropriate utility company for 72 the relocated facilities. 73 74 5. Closure of the Right-of-Way shall be contingent upon compliance with the 75 above stated conditions within 730 days of approval by City Council. If the conditions 76 noted above are not accomplished and the final plat is not approved for recordation 77 within 730 days of the City Council vote to close the Right-of-Way this approval shall be 78 considered null and void. 79 80 SECTION III 81 82 1. If the preceding conditions are not fulfilled on or before August 17, 2028, 83 this Ordinance will be deemed null and void without further action by the City Council. 84 85 2. If all conditions are met on or before August 17, 2028, the date of final 86 closure is the date the street closure ordinance is recorded by the City Attorney. 87 88 3. In the event the City of Virginia Beach has any interest in the underlying 89 fee, the City Manager or his designee is authorized to execute whatever documents, if 90 any, that may be requested to convey such interest, provided said documents are 91 approved by the City Attorney's Office. 92 SECTION IV 93 94 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 95 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 96 VIRGINIA BEACH (as "Grantor") and 33RD STREET, LLC (as "Grantee"). 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th day 98 of August . 2026. 99 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 100 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA17034 August 4, 2026 EXHIBIT N/r AL rALA 4EFN0 PROPERTIES,L.C. `�- D.B.4649 P. 1580 LOr6,BLOCK 107 Af.B.4,P.260 M.D.5,P. 151 -1 GPIN 2.1 109288 160000 p NAIL(r) b .t Nll L f AW 331d8 TREE T,,L.L.0. VTSLYNDAMYFLOWER 1Nsr1014040lo00279820 / OWNERCLC INsr 20 l9l 1270o to 1364n LOTS 4•8 CK f07 }.} PARCEL X' ALB.4,13.266,A4.D.5,P.15! b ; M.D. 176,P.54 GPIN 24189286820000 0 {— >, GPIN24f89289460100 L " APPROXIMATE'LOCATION O 33fd STI&7z-T,L.t.C. is Fr: OF UNSPL'CJFIED WIDTH INSr2014040i0002T9820 w ::::'.: I. •• o •VIRGINIA PO VIER LOTS,BLOCK 107 of :•;i; M M.D.4,P.7.06 A1.D.5,/'. 15l ' F-ASEfCNT MW 28278 OH """ D.B.1188 P.497 �1 0 c• GPIN24189298680000 (F) :it to Nr 33/dSTRFE T;L.I. 33&ST EE 0. T LL T_2T1,70-0I .0 INST202403041502 IAST . 00027983D LOT2,BLOCK 107 t0TS 11-13,81.00K 107 b1.8.4,P.266 M.O.5.P. is Z Al.B.4,P.266,41.8.5,P, 151 QP1N 24280208350000 GPIN 24189390830000 Mir 331d STREET,L.4.C. - `PORTION OF 33RD f srREE J• INST20140.10 1 0 002 7983p •f,P.266J(Af,B.,P. 151) LOT 1,BLOCK I07 TO BCCLOSED M.B.4,P.266,M.8.6,P. 161 AREh=3,o80 SO.FT.OR O.OB4 ACRE PIN2.12B0209G1000U NAIL(1=) p/I(r) SW4836W 1Ma00' L4 S*W13WE 140.00' P..-3482.834.10 PACIFIC AVENUE N:3483125.43 C. 12220088.19 100'Rf0HT•OF-WAY E.12220017.17 LINE TABLE Noses: I. THE MERIDIAN SOURCE OF TIIIS SLUIVEY IS BASED ON LINE BEARING LENGTH THE VIRGINIA STATE PLANE COORDINA TESYSTEM, SOU TH2ONE,NORTH AAIER1CANDATUM 198311993 Lt N 13'4838'W 10.00, (HA RN).CSMUMMA7E VALUES St10WNARE EXPRESSED IN U.S.SURVEY FEET.VIRGINIA BEACH STATIONS USED: L2 N76'11'22'E 68.00, 134.0007,2428.2 AND AC•42 L3 N13048138'W 10.00' 2, AfONUMENrATION:ALL BOUNDARY CORNERS FOUND 1.4 S13'48'38'E 20.00' ARE518'REBARUNLESS0THER WISE NOTED. 3, THIS EX11161 T IS FOR STREET CLOSURE PURPOSES ONLYAND DOES NOT CON.STITUTF.A SUBDIVISION OF Uh�,TH Oh* 17 LAND. STREET CLOSURE EXHIBIT o ERtC 44 SHOWING PORTION OF c� Sl. A IERSON a 33RD I STREET, BLOCK 107 Lie. Ilo, ?.412 MAP HI VIRGINIA REACH DEVELOPMENT 03 a o-2C4 SCAt.F. V 90' COMPANY(M.B. 4,P. 266)AND �ztv SURv� �_ ��� L INKHORN PARE(N.B. 5, P. 151) too' TO BE CLOSED VIRGINIA MACH VIRGINIA 9HIV 00.\V1A 6JA HOFFEl lltE Vala:A2/0.1202G Scaled"=Sa' _.. V1RGI41R E[ACII OIRCE [.%ASJVlXEXlVADlW(UJC-X0M%j ufeNl Za )iv,�,res:+, Sh CCU off l,N.:49953 9Q 75).)q.LS19 frl?f)NJa?.te15 ba rSnrr..v am D1al•1n by:814H Chocked b l:ESP TIMMONS GROUP . 26 J.3 PLANNING The following registered to speak: Eddie Bourdon, 4429 Bonney Road #500, Phone: 499-8971, Attorney for applicant spoke in SUPPORT Robert Fatovic, 404 33%Street, Phone: 703-582-8095, spoke in SUPPORT Upon motion by Council Member Schulman, seconded by Council Member Hutcheson, City Council APPROVED, AS MODIFIED, AS CONDITIONED, application of 33rd STREET, LLC for a Modification of Conditions to a Special Exception for Alternative Compliance re construct an 85' senior living facility at 3300& 3330 Pacific Avenue, 305 33rd Street, property east of 3300 Pacific Avenue, property west of 305 33rd Street (GPINs 2428020963, 2418929868, 2428020835, 2418939083, 2418928882) DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 33rd STREET, LLC for a Modification of Conditions to a Special Exception for Alternative Compliance re construct an 85'senior living facility at 3300 & 3330 Pacific Avenue, 305 33rd Street, property east of 3300 Pacific Avenue, property west of 305 33rd Street (GPINs 2428020963, 2418929868, 2428020835, 2418939083, 2418928882) DISTRICT 6 The following conditions shall be required: 1. Conditions attached to the existing Special Exception for Alternative Compliance approved by the Virginia Beach City Council on February 18, 2025, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled "Beach Tower Independent Living Facility," dated June 24, 2026, and prepared by Cox, Kliewer & Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, building materials, and color schemes of the structure shall be in substantial conformance with the submitted elevations entitled, "Beach Tower Independent Living Facility," dated June 24, 2026, and prepared by Cox, Kliewer& Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. If developed in accordance with this Alternative Compliance request and the conditioned plans, the project area is only to be used as a Senior Living Facility with an age-restriction of 62 years and older. If a change in use is requested after developing the site in accordance with this Alternative Compliance request, an additional Alternative Compliance will be required for the change in use. 5. If developed in accordance with this Alternative Compliance request and the conditioned plans, the overall density of this project shall be limited to 130 independent living units. August 18, 2026 27 J.3 PLANNING (Continued) 6. 8 bicycle parking spaces shall be provided and maintained on-site. Bicycle spaces shall be designed to accommodate electric as well as manual bicycles. 7. The final design of the structure shall include provisions for screening the parking adjacent to the proposed relocated alley, such that visibility and sight-distance requirements are met. Said screening shall be subject to the approval of the Department of Planning and Community Development and the Department of Public Works during the site plan approval process. 8. The applicant shall contract with a professional cultural resource management firm to perform and prepare an intensive level architectural survey to Virginia Department of Historic Resources standards for the historic Jefferson Manor building. A copy of the final report, including photographs and associated materials, shall be provided to the Virginia Beach Historic Preservation Commission in both digital and hard copy format. 9. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18th day of August, Two Thousand Twenty Six. Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 A24 .. 3�TH ST OR(STR-OR) OR OR(STR-OR) A18 Al2 ~' 1.F ST vrn m 33R�NA v c- 1 O'R t- m OR OR Al2 33Rp gT ® site 33rd Street L.L.C. N Zoning 3330 Pacific Avenue, 3300 Pacific Avenue, 305 33rd Street, Property Polygons property east of 3300 Pacific Avenue, S property west of 305 33rd Street Feet 0 20 40 80 120 160 Map created by Planning Department on 7/14/2026 28 J.4 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, the City Council APPROVED, AS CONDITIONED, BY CONSENT, application of 232 JERSEY AVE., LLC for a Conditional Use Permit re bulk storage yard at 233 & 241 Pennsylvania Avenue DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 232 JERSEY AVE., LLC for a Conditional Use Permit re bulk storage yard at 233 & 241 Pennsylvania Avenue (GPINs 1467859161, 1467859063) DISTRICT 4 The following conditions shall be required: 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the Bulk Storage Yard use after such expiration, the applicant, their successors or assigns, shall seek and obtain approval of a new Conditional Use Permit by City Council. 2. Hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance with the Site Plan entitled "CUP Exhibit", dated May 6, 2026, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed around the entire Bulk Storage Yard as shown on the Site Plan identified above in Condition 3 and shall be maintained for the duration of the use of the site as a Bulk Storage Yard. 5. Should outdoor lighting be installed, a Lighting Plan, in accordance with the City's Lighting Ordinance, shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No vehicles in an obvious state of disrepair shall be parked on Pennsylvania Avenue or Admiral Wright Road, or in an area outside of the designated Bulk Storage Yard as identified in Condition 3 above. August 18, 2026 29 J.4 PLANNING (Continued) 7. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners,strings of light bulbs,or other similar moving devices on the site or on the vehicles. There shall be no signs that are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 9. An approved means of Fire Department emergency access must be installed through the fence. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. The Knox device shall be maintained operational at all times. 10. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18th day of August, Two Thousand Twenty Six. Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 ADMIRAL WRIGHT RD 1;1 w Q w a a W 1,1 > 11 w Z w 11 ® site 232 Jersey Ave., LLC ® Zoning 233 & 241 Pennsylvania Avenue ", F Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 7/14/2026 30 J.5 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, the City Council APPROVED, AS CONDITIONED, BY CONSENT, application of CITYVIEW TWO, LLC for Conditional Use Permit re mini-warehouse at a parcel directly north of 20 Constitution Drive DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CITYVIEW TWO, LLC for Conditional Use Permit re mini-warehouse at a parcel directly north of 20 Constitution Drive (GPIN 1477730250) DISTRICT 4 The following conditions shall be required: 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled, "CONSTITUTION STORAGE 40 CONSTITUTION DRIVE — SITE EXHIBIT — CONDITIONAL USE PERMIT APPLICATION", dated May 28, 2026, and prepared by Pennoni,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and incorporated herein by this reference. 2. The exterior of the building shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "BUILDING ELEVATIONS FOR CONSTITUTION STORAGE 40 CONSTITUTION DRIVE" AND "BUILDING RENDERINGS FOR CONSTITUTION STORAGE 40 CONSTITUTION DRIVE", dated May 20, 2026 prepared by RBA Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 3. The storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 4. There shall be no exterior (outside) storage of motorized vehicles, equipment, or materials on the property. 5. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 6. All outdoor lights shall comply with 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 property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. August 18, 2026 31 J.5 PLANNING (Continued) 7. 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 18th day of August, Two Thousand Twenty Six. Voting: 9—1 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Voting Nay: Barbara M. Henley Council Members Absent: Jennifer Rouse August 18, 2026 Alb U -- R5D ... .. ..It• .. ..— ... ..1,• ..... - oN UTjON DNS` ..... rio .1. .......... 64C _ _ CIO a. TG�f ® site CityView Two, L.L.C. N p zoning Parcel directly north of 20 Constitution Drive "'W7 F Property Polygons s Feet 0 25 50 100 150 200 Map created by Planning Department on 7/14/2026 32 J.6 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, the City Council APPROVED, AS CONDITIONED, AS AMENDED BY CONSENT, application of 1036 FP ROAD LLC for Conditional Use Permits re mini-warehouse and bulk storage yard at 1036 Ferry Plantation Road DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1036 FP ROAD LLC for Conditional Use Permits re mini-warehouse and bulk storage yard at 1036 Ferry Plantation Road (GPIN 1478450391) DISTRICT 9 The following conditions shall be required: Conditional Use Permit for Mini-Warehouse 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Proposed Site Plan Haygood CUP" dated April 27, 2026, revised June 3, 2026, revised June 29, 2026, prepared by SISKA AURAND Landscape Architects, Inc. a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. All outdoor lights shall comply with 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 property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 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. Conditional Use Permit for Bulk Storaee Yard 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Proposed Site Plan 44 Haygood CUP" dated April 27, 2026, revised June 3, 2026, revised June 29, 2026, prepared by SISKA AURAND Landscape Architects, Inc. The Bulk Storage Yard use shall be limited to the area to the south of the existing building and shall not extended beyond the front plane of the existing building on site. A copy of said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. August 18, 2026 33 J.6 PLANNING (Continued) 2. The fencing on the site shall be developed in substantial conformance with the rendering entitled "Fencing Details Haygood CUP" dated April 27, 2026, revised June 29, 2026, prepared by SISKA AURAND Landscape Architects, Inc., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. The fence enclosing the bulk storage yard shall not exceed a height of 8 feet. 3. Storage containers shall only be moved from 7:00 a.m. to 4:00 p.m., Monday through Friday. 4. The outdoor storage materials shall not be stacked higher than the privacy fence enclosing the bulk storage yard area. 5. All outdoor lights shall comply with 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 property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 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 City Ordinances 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 18th day of August, Two Thousand Twenty Six. Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 B2 T �o f 7 7 �O R7.5 �a �o �o A36 Old Donati ® site 1036 FP Road LLC p zoning 1036 Ferry Plantation Road Property Polygons s Feet 0 25 50 100 150 200 Map created by Planning Department on 7/14/2026 34 J.7 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, the City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Sections 2100 & 2102 and ADD Section 2107 re Workforce Housing Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 1 AN ORDINANCE TO AMEND SECTIONS 2 2100 AND 2102 AND TO ADD SECTION 2107 3 TO THE CITY ZONING ORDINANCE 4 PERTAINING TO WORKFORCE HOUSING 5 6 Sections Amended: §§ 2100 & 2102 7 8 Section Added: § 2107 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 2100 and 2102 of the City Zoning Ordinance are hereby amended 17 and reordained to read as follows: 18 19 Sec. 2100. Purpose and intent. 20 21 The purpose and intent of this article is to encourage the development of high- 22 quality housing that is affordable by to households with annual incomes falling within a 23 prescribed range for prospective purchasers and prospective renters of workforce 24 housing, respectively, set forth in the Workforce Housing provisions of chapter 16 of the 25 City Code and-who Jiv *4-Vida-Beach. Because such households generally, 26 although not uniformly, consist of one (1) or two (2) working members, such housing is 27 termed "workforce housing." In order to accomplish that goal, this article establishes 28 incentives for the construction of workforce housing in areas of the city, including 29 Strategic Growth Areas, in which the Comprehensive Plan recognizes increased density 30 to be appropriate. Equally importantly, this article also ensures that workforce housing 31 will be well-designed, of high quality, and well-integrated into the overall development of 32 which it is a component. 33 34 35 36 Sec. 2102. Definitions. 37 38 As used in this article, the following terms shall be defined as follows: 39 40 (a) Affordable. Housing is considered affordable if no more than approximately 41 thirty (30) percent of the gross household income of the purchaser or renter is 42 spent on direct housing costs, as set forth in article VIII of chapter 16 of the 43 City Code. For buyers, such costs include mortgage principal, interest, taxes, 44 homeowner's insurance, mandatory homeowners' association dues and 45 condominium fees, but do not include utilities or other related housing costs. 46 For renters, such costs include rent payments and an allowance for tenant-paid 47 utilities other than cable television,_internet, and telephone service, but do not 48 include other related housing costs. 49 50 (b) Affordability level statement. A statement of the number of workforce housing 51 units that are affordable to eligible buyers at or to eligible renters at designated 52 percentages of Area Median Income. 53 54 (c) Area median income (AMI). The Area Median Income for the Virginia Beach- 55 Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published 56 annually by the U.S. Department of Housing and Urban Development (HUD) 57 and adjusted for household size. 58 59 (d) Bonus density. An increase in the maximum allowable dwelling unit density on 60 a property attributable to the provision of workforce housing on that property. 61 62 (e) Eligible buyer. A person whose workforce housing application has been 63 approved and who meets the home ownership requirements of the workforce 64 housing program. These requirements center on gross annual income, and 65 financial assets and liabilities, and location where the prospective buyer works 66 and lives. 67 68 (f) Eligible renter. A person whose workforce housing application has been 69 approved and who meets the rental requirements of the workforce housing 70 program. These requirements center on gross annual income; and financial 71 assets=arad aesafien-where the prespeetWa FeateF and-dues. 72 73 (g) Strategic growth area (SGA). Areas of the city that are designated in the 74 Comprehensive Plan to absorb most of city's future growth, both residential 75 and non-residential. These areas, which are planned for more intensive uses 76 than most other areas of the city, are characterized by the integration, not 77 separation, of diverse but compatible uses including, where appropriate, 78 residential uses. 79 80 (h) Workforce housing (WFH). Housing that is generally affordable to households 81 with working members who-4ive-er-wsrk4n4he- -ef--Viroia-$eac--h. For home 82 ownership, it is housing that is priced to be affordable to households with 83 annual incomes within a range prescribed in section 16-46 of the City Code. 84 For rentals, it is housing that is priced to be affordable to households with 85 annual incomes within a range prescribed in section 16-51 of the City Code. 86 87 (i) Workforce housing discount. The difference in sales price between a market 88 rate unit and an equivalent workforce housing unit. This amount is calculated to 89 be the reduction in sales price necessary to make a workforce housing unit 90 affordable to a household at a targeted income level. 91 92 (j) Workforce housing unit (WFH unit). A dwelling unit that is reserved for sale or 93 rent by an eligible buyer or eligible renter, as the case may be, at a price 94 incorporating the workforce housing discount. Workforce housing units are 95 constructed as a result of the bonus density provisions that allow the 96 construction of a greater number of dwelling units on a specific parcel of land 97 than is otherwise allowed in exchange for the provision of workforce housing 98 on the parcel. 99 100 BE IT FURTHER ORDAINED: 101 102 That Section 2107 is hereby added to the City Zoning Ordinance to read as 103 follows: 104 105 Sec. 2107. Compliance agreement required. 106 107 Prior to the issuance of the first certificate of occupancy for any workforce 108 housing unit for rent in a development approved pursuant to this article, the property 109 owner shall enter into a compliance agreement with the city and cause such agreement 110 to be recorded in the land records of the Clerk of the Circuit Court of the City of Virginia 111 Beach, in accordance with the requirements of section 16-52 of the City Code. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of August , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4�'We�- ' QA�__ ���,e' l A Planning Department City Attorney's Office APPROVED AS TO CONTENT: 6,t,� I aj-x� Housing and Neighborhood Preservation CA17261 R-3 July 22, 2026 35 K. APPOINTMENTS BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: Active Transportation Advisory Committee Advertising Advisory Committee Bayfront Advisory Commission Beaches And Waterways Advisory Commission Clean Community Commission Green Ribbon Committee Independent Citizen Review Board Public Library Board Virginia Beach Community Development Corporation Upon nomination by Vice Mayor Wilson, City Council APPOINTED and/or REAPPOINTED the following: CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM REAPPOINTED: Paul Neudigate—City Representative Three year term 10/1/2026—9/30/2029 COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE REAPPOINTED: Mikayla Hume— Representing United Way of South Hampton Roads Three year term 9/1/2026—8/31/2029 DEFERRED COMPENSATION BOARD APPOINTED: Jessica Wheeley— Representing Sheriff's Department No Term DEVELOPMENT AUTHORITY APPOINTED: Martin Joseph REAPPOINTED: William Brunke Esmel Meeks Four year term 9/1/2026—8/31/2030 FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD APPOINTED: Acelyn Juhas—Representing High School Student Student term 8/18/2026—6/30/2027 August 18, 2026 36 K. APPOINTMENTS (Continued) HISTORIC PRESERVATION COMMISSION APPOINTED: Sam Savino—Representing High School Student Hattie Friedman— Representing High School Student Student term 8/18/2026—6/30/2027 HOUSING ADVISORY BOARD REAPPOINTED: William Parks - Representing Architect Four year term 10/1/2026—9/30/2030 HUMAN RIGHTS COMMISSION REAPPOINTED: Arnel Custodio Three year term 9/1/2026—8/31/2029 OCEANA LAND USE CONFORMITY COMMITTEE REAPPOINTED: Council Member Robert "Worth" Remick— Representing City Council Member Five year term 9/1/2026—8/31/2031 OPEN SPACE ADVISORY COMMITTEE APPOINTED: Lily Baumann — Representing High School Student Student term 8/18/2026—6/30/2027 REAPPOINTED: Tangela Green Three year term 9/1/2026—8/31/2029 PARKS AND RECREATION COMMISSION REAPPOINTED: Benjamin M. Messer— Representing District 9 Kathryn Moran — Representing District 5 Myra Payne— Representing District 6 Eugene Towler— Representing At-Large Three year term 9/1/2026—8/31/2029 PUBLIC LIBRARY BOARD REAPPOINTED: Charlotte Zito Four year term 9/1/2026—8/31/2030 August 18, 2026 37 K.APPOINTMENTS (Continued) TIDEWATER YOUTH SERVICES COMMISSION REAPPOINTED: Gregory Smith—City Representative Four year term 9/1/2026—8/31/2030 VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE APPOINTED: Dominique DeBose— Representing Economic Development Unexpired term thru 12/31/2027 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION REAPPOINTED: Christopher Brown Robert Ewell Four year term 9/1/2026—8/31/2030 Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Jennifer Rouse August 18, 2026 38 ADJOURNMENT Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:23 P.M. Terri H. Chelius Chief Deputy City Clerk n, v t'�;'W� Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia August 18, 2026