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Home My WebLink AboutOCTOBER 6, 2026 INFORMAL AND FORMAL SESSION MINUTES AA.Be so „1t c v VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 6, 2026 Vice Mayor Rosemary C. Wilson called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall, on Tuesday, October 6, 2026 at 2:00 PM Council Members Present: Stacy Cummings, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi - III Robert M. "Bobby" Dyer—Arrived at 2:08 P.M. 2 CITY COUNCIL'S BRIEFING LAW ENFORCEMENT TRAINING ACADEMY PROJECT UPDATE 2:02 P.M. Vice Mayor Wilson welcomed Ron Davenport, Project Manager—Moseley Architects and Chad Morris, Acting Chief Facilities Officer—Public Facilities. Mr. Davenport 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. Davenport and Mr. Morris for the presentation. 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Yd 3„a.:a�, f�:«>~ r .:a '� au ,,..<:,z ��r a,<: .x fit' ,: . .t >< a ,� �?. ,,.<.7' .... .. xis ,d,a•":..:. -- ,..» <,:,....° s , �'a .,.:�„ e �- :.t �. �s. �.,.� ..F:,.<. .< °,. __ < ,� ,,.... �'...;e,,,:✓f sfi:: .," `�l�S�,F.,.,`", .< �' '� t w, ;.t :& z u ,;�-. ap r, � re^ #t�. �.r. �, ,snh e , , , .p,»,t-r✓ ft`!, .�z,(s ,a.<...,.. 4,:; _:,. .» .:: , -� ,.°. a, ? m� ' Law Enforcement Training Academy Replacement Chad Morris, Acting Chief Facilities Officer October 6, 2026 CITY OF VIRGINIA cur` BEACH Purpose A . • Provide a LETA project update to City Council .. • Request concurrence on final site selection Focused Action Plan -71 Places: 2. 17 Finalize design plans for the new Law Enforcement Training Academy (LETA) facility; the new facility will expand training capacity and better meet public safety needs. 2 History Background • City Police (VBPD) and Sheriffs (VBSO) have utilized the old Seatack Elementary School for training purposes since 2000 • The Law Enforcement Training Academy (LETA) facility is relatively unchanged since its utilization as an elementary school Facility Issues • The building is over 50 years old and does not contain enough room or technology to adequately serve its intended purpose • Many fixtures (including restrooms) were constructed and outfitted with fixtures for elementary aged children, and facility is also prone to flooding under storm events • The facility lacks the appropriate security measures to adequately protect students, faculty and staff 3 History (continued ) Previous Work • A space needs analysis was performed in 2019, in conjunction with VBPD and VBSO • From 2019-2022 possible sites were discussed (Leroy Road, existing location, Creeds) • In 2023 the basis of design was revised with updated requirements for VBPD and VBSO and a potential concept was generated • In a Council briefing on March 111", 2025, a potential concept was presented with Council support to move forward with the ITA Municipal Services Area as the site to be considered • In fall 2025, staff were directed to evaluate the South Birdneck Road site Today • Moseley Architects is now under contract to design the LETA facility 4 CITY of VIRGINIA BEACH Law Enforcement Training Academy Replacement City Council Briefing Session October 06, 2026 Presenter: Ron Davenport sD Moseley Project Manager Introductions Project Status Sites Considered Project Timeline BRIEFING Questions PROJECT STATUS Objective Develop & finalize design plans for the new Law Enforcement Training Academy (LETA) facility; the new facility will expand training capacity and better meet public safety needs. Design Team is currently Finalizing Consultant Contracts Analyzing Sites Preparing Design Team to Advance Project Data (from Study) Building Area: 1317000 gsf Building Construction Budget: $82.Omm h E p •� r ; y u - �„ `-x�,ryq�f ,r�,; - x�+# war;a •%a�'y�,a :=„r "��'«' '''" .,�y�.�C�r ��' � �t x �� ,;4 r_ Plans from Original Study v _ 44 ANWIMM .- •u I ' Existing LETA k y+ — --— .... m.�.. -.._. ......_ ..yam '�:%� r e x� 1. MMn Una + ,IMrN m 5--d rEwv Mop tw LJ �,m am MM eb � ownm w.r.P »esm AsrrM1Ml�rsw o�rnr.�'1 ow,r 1� TaM �:�' i �.eX 1 1 , YNv -� \ T�Wm PUryow � 'i � rIYIMM 1 CM9w' 'r'r�� WYn i Mf' TMM Reams Level 2(54,000 SF) r� \r «�= Level 1(77,000 SF) 10 SITES CONSIDERED SITE 1 Integrity Way, Existing LETA Site Virginia V Beach E h it ress Integrity Way - :,��. ;, .gym � � a.�, '��1�1�r li■fr ,� . x r, SITE - e w Current LETA Facility VGA a. � Jv t per, s, i i 4y 1 ` 4 a a STRENGTHS: CHALLENGES: • Current location for academy- 0 Site Utilization And Access Very consistent legacy branding. Limiting Due To Site Geometry. • Direct regional access (and visibility) by o Construction Activities Disruptive adjacent highways. During In-session Academies. • All major utility infrastructure generally • Portions Of New Facility In FEMA SFHA already in place. Zone A. • Site elevation reasonable (12' asl.) AICUZ Zone Could Be Limiting (AP7 11 , >75db.) • Property Size Is Quite Limiting For Academy Expansion And Exterior Pt Activities. • Total Property Size: 19.9 Ac. • Property Ownership Transfer. 14 SITE 2 S Birdneck Rd , Waterpark Adjacent 4 { a t g rk"� C� �+�' � TAT' ", -., • • � - g • O y , } e, 1 w M a t +� F , „ + o e Ocean Breez Waterpark �. 5 7*7 ---------------- , E! aw a r ^— n, F u R F �° Portion of., SITE 2 Property ; Birdneck Rd A'`4< �d� , �� Containin d` Wetlands 3 s u r General Booth Blvd :: arc._ STRENGTHS: CHALLENGES: • Mildly distant access to adjacent 9 Site Utilization And Access Very highways. Limiting Due To Site Geometry. • All major utility infrastructure generally • Construction Activities Disruptive already in place. During In-session Academies. • Site access just off Birdneck Rd. Portions Of New Facility In FEMA SFHA Zone A. • AICUZ Zone Could Be Limiting (APZ II , >75db.) • Property Size Is Limiting For Academy Expansion And Exterior Pt Activities. • Total Property Size: 12.7 Ac. • includes 5. 1 acres of Wetlands 18 SITE 3 ITA Site , Lanldstown ,Rd , Extended 19 77 H way ,.. extended :V" Pi. a r , +p •; I R , a " m 3 m OA g. , � e L.andstown =" 20 Road extended STRENGTHS: CHALLENGES: • Site Access Potentially Just Off • All major utility infrastructure needs to Immediately Extended Landstown Rd. be brought to site. • Site Elevation Reasonable (12' Asl.) • More remote access from adjacent • As Part Of A City Expansion Zone, highways. Opportunity For Broad Customization. Property/ parcel does not yet exist. • Use Is Compatible With ITA Master Plan. • AICUZ Zone Has No Impact. • Expanded Shared Use For Cadets- Cross Country Trails, Ballfields. • Property Size Flexible; Tailored To Academy Space Needs. • Approximate Property Size: 167 Ac. 21 LL&yr ,. PAAC BASEBALL COMPLEX x t H LIGHT INDUSTRIAL CROSS COUNTRY 1 TRA :' .r :. k 9 ✓a,� I LS Rm „g J ..a r; r.. er ti �c�z INDUSTRIAL/ MUNICIPAL Po 3�y. taws" r+ t }� M - STORMWATER PARK , ww l� G i i r 9 N i a E � t r LANDSTOWN EXTENDED 22 Images from ITA Master Plan Document AA PRIOV.J.IECT E 23 Milestones Moving Forward All Design Phases 18 months City Review / Permitting 3 months Bidding / Negotiations & Award 3 months Construction Duration 24 months FFE / Move In 3 months Total Design + Construction 51 months Alk Moving Forward : 1. Complete site analysish w . 2. Focus conceptual options on one _� - site (ITA recommended) r 3. Confirm architectural program 4. Establish schematic design workshop milestones - . 5. Periodic communication with City Council w., THANK YOU QUESTIONS? CITY OF VIRGINIA BEACH 26 3 CITY MANAGER'S BRIEFINGS PRINCESS ANNE ATHLETIC CENTER CROSS COUNTRY COURSE 2:42 P.M. Mayor Dyer welcomed Chad Morris, Acting Chief Facilities Officer—Public Facilities. Mr. Morris 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. Morris for the presentation. October 6, 2026 '.` �,.< r `v a �4;. �.,� 4 ."+Aw1w.,.,wwaw,.,,,,,�4Y � �,�l q� te`,�§€itrr z t•., � F. _ '�.a� 4qt p c Princess Anne Athletic Complex Cross- Country Course Chad Morris, Acting Chief Facilities Officer October 6, 2026 CITY OF VIRGINIA r BEACH 27 FY' 27 Budget "Following the City Council approved ITA Master Plan update, the City Manager is to provide a follow up plan related to the infrastructure needed m to support the corridor as envisioned as well as a financial plan to support the investment." "The plan should include cost estimates for the design and construction of public infrastructure as well as a cross-country trail. Financial considerations to support this development should include exploration of 'rw v �+� _ existing dedication capacity as well as a partnership with Virginia Beach g p Y p p g City Public Schools on the construction of components that would be - beneficial for community youth. To support the design and construction cost of the cross-country trail, year 2 programmed funding for Capital Project #100700 "ITA Athletic Village and Preservation Area Plan" is g increased by $1,376,520." ° 28 Alk The 2017 ITA Master Plan identifies eight initiative areas: F; � ysi *f 1. Historic Princess Anne Center dN 2. Municipal Center s ,y 3. Bio-Tech Park (Innovation Park) 4. Sports Center Princess Anne Commons Athletic Village) S. Preservation and Passive Recreation 6. City Municipal Services Facilities .y. 7. Agricultural Production 8. North Landing Park e29 0 0 • Ah Ah 0 Unless significant changes Ito ar e made both the LETA and All Cross-Country Course are supported uses in the 2017 and in the upcoming ITA Plan J Update _dx LETA Synergy between the two projects which will activate the ITA CROSS-COUNTRY • COURSE Both projects are separate and will run on different schedules to completion f its 30 J,�,io Tirnelin%.,,, � Funding • Funding • $6M estimated total project cost } • Currently $1,376,520 programmed in FY'28 CIP r #100700 • Additional $1,623,480 will be included in the FY'28 CIP process Requesting 3M from Schools to be contributed q g $ o through the Reversion process later this fall Ww- City Staff presentation to School Board on October 27 Timeline Design — 1 year (start fall 2027) • Bidding and Award — 6-8 months Construction — 12-16 months Estimated 30-36 months total 31 p THANK YOU QUESTIONS? CITY OF VIRGINIA B EAC H 32 4 CITY MANAGER'S BRIEFINGS LARGE-SCALE PUBLIC ART INSTALLATION COMING TO MOUNT TRASHMORE PARK Emily Labows, Director—Cultural Affairs 3:01 P.M. Mayor Dyer welcomed Emily Labows, Director—Cultural Affairs. Ms. Labows expressed her 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 Ms. Labows for the presentation. October 6, 2026 WHERE WONDER GROWS SANCTUARY An Immersive Outdoor Art Experience Mount Trashmore Park • October 17—December 16, 2026 Emily Labows, Cultural Affairs Director October 6, 2026 <'!* r � x . Council's Investment in Public Art Comes to Life In July 2024, City Council dedicated 20% of the City's admission tax revenue to the arts and culture, creating new opportunities for public art, new grant programs and cultural experiences across the city. As one component of that investment, $300,000 annually was designated for a temporary, interactive public art experience that is free and open to the community. This all, that vision comes to life r the first time it Where Wonder Grows.- Sonctuary at Mount _ u m Park, z How Where Wonder Grows: Sanctuary Was Selected A COMPETITIVE NATIONAL SEARCH FOR A TEMPORARY PUBLIC ART EXPERIENCE COMPETITIVE SELECTION A national call invited artists and creative teams to submit proposals. A 4�; . community advisory selection plan reviewed the proposals and selected �, Sanctuary by Skunk Control. `4" The exhibit is a two-month temporary rental. Skunk Control conceived and designed the work and is responsible for the experience from concept through removal. ro Design Fabrication Shipping Installation Operations & Security Removal Where Wonder Grows - Sanctuary will make its world Mount Trashmore as Skunk Co l's largest stall 0 date. Meet Skunk Control GLOBAL ART STUDIO CREATING EXTRAORDINARY EXPERIENCES gy If 4 o j xm,"� f4ti4ZR a r tt Luminous Intervention 4 Impossible Things before Breakfast Light Sentinels Melbourne,Australia Caloundra, Australia Waterville, Maine Skunk Control creates immerse public art at the Nick Athanasiou intersection of art, science, nature and .� FOUNDER & LEAD ARTIST technology. e M t 4 RaWMIANWAM -- Why Where Wonder Grows: Sanctuary Stood Out SINGLE Thousands of individual elements work together to create an entire world to explore DAY-TO-NIGHT TRANSFO Sunlight, movement, color and illumination make the experience continuously change. " `". SOMETHING EVERYWHERE Towering flowers draw you in, while butterflies, " ' birds and smaller surprises reward a closer look. Skunk Control has a proven track record creating complex kinetic and technology-driven public art. 5 More Than 4,000 Elements � PAST SHELTER 3 AT MOUNT TRASHMORE Kinetic guardian flowers 17+ feet tall, unfurl and close Birdhou Illuminated flowers ' 3-5 feet tall; glitter and cast color changing shadowsIVN throughout the day " Birdhouses with kinetic birds Activated within the birdhouses , . y Kinetic peacocks Peaaxk5 Tail feathers move Illuminated plants 6 feet -8 feet; glow at night A. Butterflies Including 30 with 4 feet wingspans 6 Why Mount Trashmore Park? A FAMILIAR PLACE. A COMPLETELY NEW EXPERIENCE. unt Trashmore Park � ! F Al PF nY GATHER HERE Visitors come to walk, exercise, play and spend time g ' " together. Where Wonder Grows: Sanctuary brings art directly into that everyday experience. SPACE TO CREATE SOMETHING EXTRAORDINARY The park gives Where Wonder Grows: Sanctuary the open space and sunlight needed for elements to come together as MO one experience. FREE., AND WELCOMING A central location, free parking and easy access make the experience simple for all ages to enjoy. Community Engagement , and Education ip Skunk Control will provide free, hands-on programs and ��,•:'� educational opportunities during the installation, including: • The artist is collaborating with Virginia Beach public schools ' • Students create their own butterflies to take home • Community workshops • Hands-on STEAM activities R Inviting the Public to Experience the Wonder WHERE WONDER A comprehensive marketing and communications campaign designed to generate excitement and invite the community to experience Wonder. i a. Where Wonder Grows: Sanctuary will be promoted across social media, WHAT WILL YOU City channels and local media, with community, arts and tourism partners helping extend the reach. Beyond the signature flowers,Sanctuary filled with luminous details waiting to be found. TWO MONTHS OF PROMOTION F \P t% o The City's Communications team has developed a media plan to support =g the opening and keep Where Wonder Grows: Sanctuary visible KIN4tICELOWERS SUTT.R=LEES BIRDHOUSES -PEACOCKS unfurl and transform glomngfidds ft Ior 61,1 rrwveme .song kinetic and wrpri. .. throughout its two-month run « ..af ART NATURE WONDER. 9 Experience Where Wonder Grows: Sanctuary Day & Night October 17 - December 16 MOUNT TRASHMORE PARK Shelter 3, past the stage Free and open to the public No ticket required ♦ DAYTIME — EVERY DAY FRIDAY & SATURDAY EVENINGS —i Open during regular Mt. Trashmore UNTIL S PM ♦ Park hours. Special evening hours offer the opportunity to experience the installation illuminated after dark. Closed Halloween evening. OCTOr • « . � Questions OPENING OCTOBER 17 E R E WN SA N CT UA RY Mount Trashmore Park • Virginia Beach FREE u� }i f CITY OF VIRGINIA BEACH Cultural Affairs 5 CITY COUNCIL LIAISON REPORTS 3:12 P.M. Council Member Hutcheson advised he attended last week's Active Transportation Advisory Committee (ATAC) meeting, which included discussions with Director Kirschman about micromobility options. Council Member Hutcheson advised they also discussed prior problems involving scooter companies and the need to consider how micromobility might function in different parts of the City, including Sandbridge, the Boardwalk, and the VB Trail. Council Member Hutcheson emphasized that the discussions were at an early stage and he will continue providing updates. Council Member Hutcheson advised there was also a discussion regarding the need for school crossing guards and that he had been unaware that they are unpaid positions with some volunteers serving thirty (30) years. Council Member Hutcheson advised there may be a need for the City to consider different approaches to address the recruitment challenges. October 6, 2026 6 CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 3:13 P.M. Mayor Dyer advised this is the first City Council Meeting since the passing of former City Attorney Mark Stiles on September 25th and described his legacy of integrity, confidence, leadership, congeniality, and professional excellence. Mayor Dyer advised that Mr. Stiles had guided City Council through some of the most challenging periods in the City's history and had served as a champion of both the City Council and citizens of Virginia Beach for many years. Mayor Dyer shared that Mr. Stiles maintained high professional standards for himself and his staff and was known for his direct approach and high expectations. Mayor Dyer suggested honoring Mr. Stiles with a permanent display of his "Rules for Professionals in Public Service", possibly above the chair in the City Council Chamber where he served the Body for decades and read the following eight rules: 1. Above all else, do what is right and fair. 2. Where there are two or more possible courses of action, choose the one that best promotes transparency and public trust. 3. Don't let one mistake cause you to make a second. Face the error and correct it before it multiplies. 4. Listen carefully and take the time to think before you speak or act. A period of thoughtful silence will be forgiven much more quickly than an immediate but incorrect or inappropriate response. 5. Be willing to speak the truth to someone who is willing and able to hear it but limit your communication to the greatest extent possible with those who are overly impassioned or demonstrably irrational. 6. Today's foe may be tomorrow's friend, and vice versa, so treat everyone with appropriate decorum and respect. 7. When writing, be clear and concise and use words of common understanding. Writing so that only lawyers can understand what you wrote says more about ego than it does about intelligence or ability. 8. Assume that everything you say or do will be publicly attributed to you someday. Be mindful of how you feel about public attribution. Mayor Dyer stated that Mr. Stiles' rules are a reflection of his expectations for professional conduct and public service and would provide a lasting reminder of the standards he upheld. Mayor Dyerfurther recognized the staff Mr.Stiles assembled and expressed confidence in their ability to guide the City through future challenges. Mayor Dyer attributed the City's recognition in the top ten best managed cities in in the country to the contributions from the City Manager, City Attorney, City Clerk, and City employees. October 6, 2026 7 CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS (Continued) The Body expressed unanimous support for honoring Mr. Stiles and memorializing his rules in a permanent display. Council Member Remick advised he was moved during the Celebration of Life for Mr. Stiles as he recalled twenty-five (25) adjectives people used to describe him as being fair, honest, intelligent and kind, expressing he will miss Mr. Stiles. Council Member Henley described him as a truly wonderful person and was impressed to hear what people said about him during his service. Council Member Henley mentioned she heard others speaking about Mr. Stiles' rules as, "that's rule one" and believes they are meaningful standards for all public officials to follow and will provide a lasting tribute. Council Member Ross-Hammond reflected on Mr.Stiles' personal kindness during her recovery from hip surgery and shared that he consistently returned calls and checked on Council Members and staff. Council Member Cummings described Mr.Stiles as an incredible human being and as a second father to his son, who played baseball with Mr. Stiles' son, and they shared many memories with their families. Council Member Cummings suggested displaying the rules at the Sportsplex or Sports Complex, so residents could learn more about Mr. Stiles and his legacy. Mayor Dyer recalled that Mr. Stiles provided candid advice and "tough love" when necessary, always looking out for Council Members and offering sound, prudent legal guidance since he met him in 2004. Vice Mayor Wilson expressed her support to permanently display the rules and believes everyone should live by them. Council Member Rouse advised as she heard others talking about Mr. Stiles rules, she wanted to see them and expressed her appreciation for having a printed copy and for the discussion today. Council Member Rouse also shared her fond memories of Mr. Stiles as being very considerate and family oriented. Mayor Dyer concluded that he will move forward with developing a dignified memorial recognizing Mr. Stiles' service and character. Vice Mayor Wilson advised the ribbon cutting ceremony for Winston-Salem Avenue was held last Saturday, with approximately fifty (50) people in attendance despite the poor weather. Vice Mayor Wilson advised the road improvements are extraordinarily beautiful and added that the unveiling of a neighborhood sign for Shadowlawn, which had gone without a October 6, 2026 8 CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS (Continued) neighborhood sign for decades.Vice Mayor Wilson expressed her appreciation to City Manager Duhaney and staff for their work on the project, adding that residents had requested the road improvements for 39 years. Council Member Henley advised that the Senior Resource Center (SRC) celebrated its 191n anniversary of operation Sunday afternoon. Council Member Henley explained that the SRC welcomes anyone who comes and serves residents from throughout the City, not only the southern area. Council Member Henley shared information about the SRC's activities, including a new dulcimer class that will be held Wednesday morning at 10:00 A.M.. Council Member Henley advised the SRC will host the annual First Responders Appreciation Luncheon on October 215t, recognizing the work of the Police, Fire, Rescue, and Sheriff's Departments and invited anyone interested to attend. Council Member Henley asked for an update on the Sandbridge Sand Replenishment Project and the Pungo Ferry Road Project. Director Hansen advised that bid results for the Sandbridge Sand Replenishment Project came in yesterday and are below the engineer's estimate. Director Hansen advised the project will continue through the U.S.Army Corps of Engineers' award process, but is optimistic that it will remain on schedule. Director Hansen advised the Pungo Ferry Road Project is on schedule under the Federal Highway Administration's requirements and that the City had met the grant milestone due in September and are continuing to work on elements due at the end of the year. Council Member Henley emphasized the importance of the road improvements because the roadway frequently floods when there are southerly winds. Mayor Dyer advised he had a meeting with EPA Deputy Administrator David Fatehi last week with City Manager Duhaney and Director Hansen and asked City Manager Duhaney to comment. City Manager Duhaney advised they discussed several key issues including flood protection projects and the importance of Nimmo Parkway Phase VII-B for access to the Sandbridge area and the complications associated with opening the road through Naval Air Station Oceana-Dam Neck military base. City Manager Duhaney advised Mr. Fatehi indicated that the agency would work diligently with the City as a partner to advance Phase Two of the Environmental Impact Statement. October 6, 2026 9 CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS (Continued) Council Member Remick congratulated organizers of the Fil Fest USA held at Rudee Loop and India Fest at the Convention Center, both were well attended and the celebrated cultural arts, food, and traditions. Council Member Remick advised that this weekend will be the 70th annual Boardwalk Art Show from Friday through Sunday. Council Member Remick requested clarification regarding the future of the Dairy Queen property as he is aware of misinformation circulating in the community. City Manager Duhaney explained that the existing lease was scheduled to expire next year, and after considering available options and proposed cost increases, City Council had decided to allow the lease to expire naturally. Council had authorized interim use of the property as a police substation. While the property served that purpose, the City planned to conduct a request-for-information or community engagement process involving Council, stakeholders, and residents to help determine the site's permanent use. The interim arrangement was expected to begin toward the end of the following year and continue into the 2028 season while a permanent development plan was considered. Council Member Ross-Hammond announced that Timberland Way Cares Inc. will host the Creative Verse event, on October 24th at Batten University. Council Member Ross-Hammond explained the goal of the event is to is to turn creativity into opportunity by connecting young people in the community with education, technology, mentorship, entrepreneurship and the arts. Council Member Ross-Hammond advised last Saturday was the 8th Annual Community Fall Festival, hosted by the Virginia African American Cultural Center (VAACC), and despite poor weather, everyone had a wonderful time. Council Member Ross-Hammond advised there were emerging artists, including a harpist,steelpan performers,drummers and a health forum. Council Member Ross-Hammond explained the kids were especially excited to see former NBA basketball player, Joe Smith, who organized basketball teams of various ages to participate in activities and received trophies. Council Member Ross-Hammond expressed her appreciation to the Chief Neudigate and the Police Department for their support. Council Member Ross-Hammond advised the Virginia Municipal League (VML) Annual Conference will be held October 10th—131h in Norfolk and looks forward to attending and will share information with the Body about the Conference. October 6, 2026 10 CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS (Continued) Council Member Schulman referenced the former Mayor's E-Bike Safety Task Force and expressed his hope that Staff would continue developing requests to submit in the Legislative Agenda to address dangerous E-Bike activity while preserving responsible and recreational uses. Council Member Schulman further acknowledged the Neptune Festival, noting that unfavorable weather had affected the event and complimented organizers for the culmination of a wonderful year of celebration for the festival. Mayor Dyer advised he was a few minutes late to today's meeting as he was attending the State of the Region luncheon. Mayor Dyer advised there was a discussion concerning the national economy and its effects on Hampton Roads, adding that housing availability and affordability were major regional considerations, especially for the area's military infrastructure and their demand for housing. Mayor Dyer explained that the presentation compared Hampton Roads with other major East Coast regions and Raleigh was recognized for their work to aggressively address housing inventory gaps. Mayor Dyer advised that a lack of housing inventory drives up the cost for existing housing and contributes to increased residential property taxes. Mayor Dyer advised while governments all over are financially stressed, there was a positive report that revenue for the Port of Virginia and tourism have significantly increased and expressed his appreciation for the strong summer tourism season. October 6, 2026 11 CITY COUNCIL AGENDA REVIEW 3:50 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 L. PLANNING ITEMS: 1, 2, 3, 4, 5, 6 and 7 L. PLANNING ITEMS Item#3 will be considered for deferral to November 10, 2026 October 6, 2026 12 INFORMAL SESSION Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Acquisition District 2 • Acquisition District 5 • Disposition District 6 • Acquisition District 6 • Acquisition District 6 • Disposition District 6 PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2-3711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Review of Council Appointees October 6, 2026 13 RECESS TO CLOSED SESSION Upon motion by Council Member Ross-Hammond, seconded by Council Member Jackson- Green, City Council recessed proceed into CLOSED SESSION at 3:59 P.M. Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi Break 3:59 P.M. — 4:15 P.M. Closed Session 4:15 P.M. — 5:25 P.M. October 6, 2026 14 > x * OLD�V %,T%Ot FORMAL SESSION VIRGINIA BEACH CITY COUNCIL OCTOBER 6, 2026 6:00 PM Mayor Robert M. Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, October 6, 2026 at 6:00 PM Council Members Present: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi INVOCATION— Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 6, 2026 15 CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna"), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act"), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers")which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a "personal interest," as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. October 6, 2026 16 VII.F CERTIFICATION OF CLOSED SESSION Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 17 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 in on page 13 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE, BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that, to the best 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 October 6, 2026 18 VII.G. MINUTES Upon motion by Council Member Jackson-Green, seconded by Council Member Remick, the City Council APPROVED the Minutes of the Informal and Formal Sessions of September 15, 2026 and the Special Formal Session of September 22, 2026. Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 19 VII.H. MAYOR'S PRESENTATION RESOLUTION Breast Cancer Awareness Month On behalf of City Council, Council Member Schulman welcomed Lisa Strader, Virginia Beach Resident, Breast Cancer Survivor, and Co-Chair—The Walk. Council Member Schulman read the Resolution declaring the month of October 2026 as, "Breast Cancer Awareness Month" and encouraged all citizens and health care providers to increase awareness and follow the steps in advance for prevention. Ms. Strader expressed her appreciation to City Council for their continued support and invited City Council and the public to participate in the Making Strides breast cancer awareness walk October 24th at King Neptune's Park. October 6, 2026 ¢C,�r1 h�Ac1 0 , ►'. -o. o. o� J7.w..y•-v�r'?r iRr r 0, im RESOL UTION- iVHEREAS.Breast Cancer Awareness Month is an international health campaign held ever),October that aims to promote screening and reduce the risk of the disease,which affects 2.4 million women worldwide,- and JVHEREAS:Breast cancer is the second leading cause of cancer death in women, after lung cancer. The chance that any woman will die from breast cancer is about I in 43; and WHEREAS. TheAmerican Cancer Society helps people with breast cancer in our communityg working tirelessly to find new drugs and treatments as well as new ways to use existing treatments.Research programs have advanced prevention,screening, and treatment that save lives; and 11WEREAS.According to ilia American Cancer Society; breast cancer death rates have been decreasing steadily since 1989,for an overall decline of 44%through 2023. This is most likely the result of itnding breast cancer earlier tlo-ough screening and increaser)awareness, as well as better treatments.;and WHEREAS:Continued funding for research is essential to help save even more lives in the fntture.In 2026, an estimated 321,910 ivoune»in the United States will be diagnosed with invasive breast cancer, and an estimated 42,140 women will die from the disease;and 11WEREAS:Approximately 1 in 8 women in the United States will be diagnosed with breast cancer during her lifetime;and WHEREAS:October 20°'is Arational Mammography Day. IVe encourage everyone to urge those they love to schedule their routine mammogram. NOW, THEREFORE,BE IT RESOLVED, That Ilia City of Virginia Beach and the American Cancer Society advocate to end cancer as time know it,for everyone;and BE IT FURTHER RESOLVED, that ilia City of Virginia Beach does hereby recognize the month of October as Breast Cancer Awareness Month, and encourages all citizens and health care providers to increase awareness and follow the steps in advance for prevention. Given by the Council.of the City of Virginia Beach, Virginia the 61 day of October 2026 and present this Resohition duly signed by each Member of the Virginia Beach City Council. ou rl,tember Alichae!F.Berhrcclrr Coma' mbet-Slacy Xin Council C irr s oro g r Afesrber Barbaro hl Helrie), Council AfentberDavid1lurcheson ourrcrl Afember C 1"Cash',ackson-Green Council Afember Roberti 1{! "t{rorrh"Renick rl.K. Council Afember Dr.Amelia Ross-Narrmrond ar cal Member Jennifer Y.Rouse Cornrci(Aferrrber Jonstwa .S'chulnrmr ice a}or s r, rr Afa)nr Roberti AffBobby"gyer 20 VI1.1.1 PUBLIC HEARINGS Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 81.6 acres at 3993 and 3995 Muddy Creek Road There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 6, 2026 21 VII.1.2 PUBLIC HEARINGS Mayor Dyer DECLARED a PUBLIC HEARING: PARTIAL EASEMENT VACATION Approximately 5 feet of the existing 25-foot pedestrian access easement along the western boundary of 4576 Bonney Road There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 6, 2026 22 VII.J FORMAL SESSION AGENDA Mayor Dyer read the Speaker Policy and advised for items where only one (1) speaker is registered, the City Clerk will call the speaker, and they will be given a total of six (6) minutes to speak on all items. The City Clerk called for the following to speak: Craig Henson, 1825 Garden Drive, Phone: 201-0744, spoke in OPPOSITION to K.4 CONSENT AGENDA Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions K.: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 and Planning Items L: 1, 2, 3 (DEFERRED TO NOVEMBER 10, 2026). Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 23 K.1. ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property known as the Lake Gaston Pipeline adjacent to 0 Kientz Road re maintain an existing 30'-wide gravel drive Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTOA PORTION OF CITY-OWNED 5 PROPERTY KNOWN AS THE LAKE GASTON 6 PIPELINE, LOCATED ADJACENT TO 0 KIENTZ ROAD 7 (TAX PARCEL 147-A-14) 8 9 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 10 Pipeline,which extends from Brunswick County to Isle of Wight County(the"Pipeline"), and 11 provides raw water from Lake Gaston to the City of Virginia Beach; 12 13 WHEREAS, a portion of the Pipeline (Tax Parcel 147-A-13A) runs within a 14 City-owned right-of-way through the Town of Jarratt, Sussex County, Virginia (the 15 "Property") adjacent to 0 Kientz Road (Route 646), which is owned by Judy Allen Harrison 16 (the "Applicant"); 17 18 WHEREAS, the Applicant has requested permission to maintain an existing 19 30'-wide gravel drive (the "Temporary Encroachment") that crosses the Property (the 20 "Encroachment Area"), forthe purpose of maintaining the existing 30'gravel driveway used 21 to provide access from the Applicant's property to Kientz Road; 22 23 WHEREAS, the intended use of the gravel drive is for the Applicant's 24 granddaughter to get to and from her home constructed on a subdivided portion of 25 Applicant's land; 26 27 WHEREAS, Public Utilities has advised that granting the Temporary 28 Encroachment within the Encroachment Area will not interfere with the City's operation of 29 the Pipeline, so long as the driveway is used for residential use, and is not regularly used 30 for commercial or industrial vehicles; and 31 32 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 33 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 34 the City's property, subject to such terms and conditions as Council may prescribe. 35 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 38 CITY OF VIRGINIA BEACH, VIRGINIA: 39 40 41 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 42 2009, and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, her heirs, 43 assigns and successors in title are authorized to maintain the Temporary Encroachment 44 within the Encroachment Area as shown on the map entitled: "EXHIBIT 'A' — EXHIBIT 45 SHOWING 30' WIDE ENCROACHMENT FOR JUDY ALLEN HARRISON," Scale: 1" _ 1 46 100', dated September 29, 2024 and revised through May 20, 2026, prepared by Richard 47 W. Odom, LS, a copy of which is attached hereto as Exhibit A, on file in the Department of 48 Public Works and to which reference is made for a more particular description; 49 50 BE IT FURTHER ORDAINED that the Temporary Encroachment is expressly 51 subject to those terms, conditions and criteria contained in the agreement between the City 52 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 53 been presented to the Council in its agenda, and will be recorded among the records of the 54 Clerk's Office of the Circuit Court of Sussex County; 55 56 BE IT FURTHER ORDAINED that the City Manager or his authorized 57 designee is hereby authorized to execute the Agreement; and 58 59 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until 60 such time as the Applicant and the City Manager or his authorized designee execute the 61 Agreement. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th 64 day of October , 2026. CA16701 R-1 PREPARED: 6/16/26 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE CITY ATTORNEY APPROVED AS TO CONTENT: PUBLIC UTILITIES, ENGINEERING 2 I hereby certify that this boundary survey is based on a current field survey and Kientz 3j5 to the best of my knowledge and belief is -�- VA• Sto Ra, ) correct and complies with minimum procedures te �Youte . 646 and standards established by the Virginia State c nt� 50, Board of Architects, Professional Engineers, _ _ T er//new RAW �R�w Site Land Surveyors, Certified Interior Designers, property`line and Landscape Architects. .• •••. � . Vicinity Map not to scale `,.n r��Q Richard W. Odom, License. No. 3165 l Course Bearing Distance (CHAR W. 0 0M L1 N 07°17'39" E i00.00' Lic. No. 3165 � ? o, Christopher A. Harrison Q) co / f D.B. 177, PG, 310 o L2 N 07°28'27" E 141 .24' s/to LrZ(� c� 1 v� o„ U k For Plat See c z CPS in t. o f VA R t. 646 ,� 'y �- D.B. 177, PG. 312 w Legend and VA Rt. 315 J �D SURV�- o�ll Tax Parcel 147—A-13 a FIP = Found Iron Pipe �66• '°'�i Q Z FIR = Found Iron Rod t% � S80 mil Centerline of Existing °� v�he� � oil 30' Wide Gravel Drive Qf SIR = Set Iron Rod SOS .� Encroachment CP = Computed Point to � S8 l ) ohp = overhead power lines _ scoff 6 I R/W = Right of Way Cit , — — — — _� C4 Y ie line not D.gy, of Virginia Beach 1' 8242'21'E tO Scale This survey was performed without the benefit of a Plot Book PG 880 pro 504.44, current Title Report, and as such, this surveyis 14B_ 77, P s• Perty ne 148 9 JI City of Virginia subject to all easements, agreements, and rights Tax Parcel � ' D.B. 719 Beach rCP —of—way of record prior to the date of this plat. — _ _747—A-13q Plot Boo PG 880 —1 Tax Po i47 77 Pgs. 146-148 Exhibit A — Exhibit Showing N 8 CPi _ gs 74 30' Wide Encroachment For 1/2"FlR2to C�0'49' ��i N 82 4227;;W 2 8 3p — JUD Y ALLEN HARRISON yy� N�� 5 � (Revised May 20, 2026) Judy Allen Harrison 01 JJa� Madilyn Morie Harrison Henry Magisterial District Sussex County VA Tract 1 D.B. 295, of ��° Plat Book 25, Page 107 M1 Date: September 29, 2024 Scale: 1" = 100' PG. 515 Tax Parcel 147—A-14A Coord: CHARRISON.crd Drawing: CHarrisonEaseRevl.dw 47 Parcel �1/2"FIR Map By. Richard W. Odom, LS 97i 100 0 100 205 Dunshill Road (252) 578-4283 Roanoke Rapids, NC 27870 Graphic Scale PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this Z7'Vday of Auou$T 20 ,26, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JUDY ALLEN HARRISON, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain real property located in the Town of Jarratt, Sussex County, Virginia, being known as "TRACT 1 D.B. 295, PG. 515 TAX PARCEL 147-A-14" as shown on that certain exhibit plat entitled: "EXHIBIT A— EXHIBIT SHOWING 30' WIDE ENCROACHMENT FOR JUDY ALLEN HARRISON," Scale 1"= 100', dated September 29, 2024 and revised through May 20, 2026, prepared by Richard W. Odom, LS, being further designated, known, and described as 0 Kientz Road, Jarratt, Virginia, and being substantially as shown on Valuation Maps V-2/13, V- 2/14, V-2/15, V-2/16, V-2/17, V-2/18 and V-2/19, on file in the Office of Archives of Norfolk and Western Railway Company, a Virginia corporation, in Atlanta, Georgia. WHEREAS, it is proposed by the Grantee to maintain an existing 30' wide gravel drive, the "Temporary Encroachment", on property owned by the City of Virginia Beach-, and TAX MAP: 147-A-14 (Harrison) 147-A-13A (City property) 2 WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City of Virginia Beach property known as the Lake Gaston Pipeline at Kientz Road (Route 646), 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia, the Town of Jarratt, and Sussex County, 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 — EXHIBIT SHOWING 30' WIDE ENCROACHMENT FOR JUDY ALLEN HARRISON," Scale 1"= 100', dated September 29, 2024 and revised through May 20, 2026, prepared by Richard W. Odom, LS, 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. In the event 3 of an emergency, the City may call the Grantee to report the location, the City's name, and any other details about the emergency. Grantee shall promptly dispatch representatives to the affected site. In the event of a public necessity, the City will contact Grantee to request removal. It is further expressly understood and agreed that the Temporary Encroachment is solely permitted for residential use, and no commercial or industrial vehicles are permitted within the Temporary Encroachment or over the Pipeline. 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 City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and 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 4 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 to public, or to the City's raw water pipeline. The Grantee agrees to maintain the Temporary Encroachment in a manner that does not cause damage or shorten the useful life of the City's raw water pipeline. It is further expressly understood and agreed that the Grantee is not to perform construction (especially open cut excavations) within the Encroachment Area without a City representative onsite to oversee construction. The Grantee must notify the City of Virginia Beach Department of Public Utilities (757-385-4171) and Veolia Water (434-577-2604) at least 48 hours prior to construction within the City's raw water pipeline rig ht-of-way. It is further expressly understood and agreed that the Grantee must obtain a permit from the local governing body of the jurisdiction in which the work is being performed prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of$81,000.00 representing two times the engineer's cost estimate of the raw water pipeline section within the encroachment area to the Department of Public Utilities to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect, while the Temporary Encroachment is in effect, liability insurance with 5 the City included as an additional insured in an amount not less than $1,000,000.00, per occurrence combined single limit. 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 may pursue all available legal remedies in a court of competent jurisdiction in the Circuit Court of the City of Virginia Beach, Virginia, if any of the terms set forth herein are not complied with. IN WITNESS WHEREOF, Judy Allen Harrison, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit- The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 CJUDY4A�EN HARRIS N STATE OF to-wit: CITY/COUNTY OF � � . The foregoing instrument was acknowledged before me this day of ' 20" by JUDY ALLEN HARRISON. c ✓ (SEAL) Notary Publt Notary Registration Number: 7 My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS — RLACESTATE BRIDGET L. HENZEL ASSISTANT CITY ATTORNEY APPROVED AS TO CONTENTS PUBLIC UTILITIES c� I hereby certify that this boundary survey 0) is based on a current field survey and _ q Kientz to the best of my knowledge and belief is -State Rd J 315 correct and complies with minimum procedures �-�°Ute 6 . 646 and standards established by the Virginia State _ ' ec m �0 e Board of Architects, Professional Engineers, _ _ _r ne /W Site Land Surveyors, Certified Interior Designers, property el and Landscape Architects. Vicinity Map not to scale Richard W. Odom, N License. No. 3165 C! N Course Bearing Distance (CHAR W, QM > i o Q . No. 3165 Christopher A. Harrison L1 N 07'1739 E 100.00 °' L2 N 07028'27" E 141 .24' � Zo/Zr7 c� ac, D.B. 177, PG. 310 (k For Plat See c a� CP@ int. of VA Rt. 646 D.B. 177, PG. 312 z Legend and VA Rt. 315 SURV��O °!�r Tax Parcel 147—A-13 0 o FP = Found Iron Pipe E S C l 0 z FIR = Found Iron Rod t� 6 a, ). Centerline of Existing Q Q SIR = Set Iron Rod ne �o \'20I 30' Wide Gravel Drive CP = Computed Point t to �SsB (Encroachment) ohp = overhead power lines _ _ sca/e 6 1 I R W = Right of Way city — —\ C� tie line not to 9 y D.B of Virginia Beach I' S 82 42'21'E i� 5 scale This survey was performed without the benefit of a Plot Book PG. 880 prope�t�;lineo4'44' _ j current Title Report, and as such, this survey is 146-148 17 Pgs' I!� City of V' ,rCP subject to all easements, agreements, and rights Tax Parcel P�n�a D.B.• . 11 g Beach k —of—way of record prior to the date of this plat. — _ _ _147—A-13A q Plat Book 1. 880 1 j Tax Parcel Pgs' 146-748 Exhibit A — Exhibit Showing N 82• CPi` ��— — -- _ ro47—A-13A 30' Wide Encroachment For 1�2 FR2toC0.49 ��:ai N 824221pw F JUD Y A LLEN HARRISON 3F Modilyn Marie Harrison o� (Revised May 20, 2026) Judy Allen Harrison v0 JQ D.B. 336, PG. 329 Henry Magisterial District Sussex County VA Tract 1 D.B. 295, of Plat Book 25, Page 107 PG 515 I°� Tax Parcel 147—A-14A Date: September 29, 2024 Scale: I" = 100' . • Tax Parcel Coord: CHARRISON.crd Drawing:CHarrisonEaseRev1.dw 47 A-14 �I �112"FIR Map By. Richard W. Odom, LS 01 r- 0 100 205 Dunshill Road (252) 578-4283 Roanoke Rapids, NC 27870 Graphic Scale 24 K.2. ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick,the City Council ADOPTED, BY CONSENT, Resolution to WITHDRAW the Resolution referring to the Planning Commission the proposed amendment to the City Zoning Ordinance (CZO) to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District (Requested by Mayor Dyer,Vice Mayor Wilson and Council Member Remick) Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 1 A RESOLUTION WITHDRAWING THE RESOLUTION 2 REFFERING THE PROPOSED AMENDMENT TO THE CITY 3 ZONING ORDINANCE PERTAINING TO AMENDING THE 4 OFFICIAL ZONING MAP TO REDUCE THE OCEANFRONT 5 RESORT SHORT TERM RENTAL OVERLAY DISTRICT 6 7 WHEREAS, on September 15, 2026, The City Council referred to the Planning 8 Commission, for its consideration and recommendation, an amendment to the City Zoning 9 Ordinance, pertaining to amending the official zoning map to reduce the Oceanfront Resort 10 Short Term Rental Overlay District; 11 12 WHEREAS, the City Council has received additional feedback from stakeholders 13 within the community; 14 15 WHEREAS, the City Council does not desire the recommendation of the Planning 16 Commission on further reducing the boundary of the Short Term Rental Overlay District at 17 this time; 18 19 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 20 VIRGINIA: 21 22 That the resolution referring to the Planning Commission the proposed amendment to 23 the City Zoning Ordinance pertaining to amending the official zoning map to reduce the 24 oceanfront resort short term rental overlay district be, and hereby is, withdrawn. Adopted by the City Council of the City of Virginia Beach,Virginia, on the 6th day of October , 2026. APPROVED AS TO LEGAL SUFFICIENCY: cif ttorney's Office CAI 7316 R-1 September 29, 2026 25 K.3. ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth Brewing Company, LLC re closure of a portion of Lake Drive adjacent to 2444 Pleasure House Road Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF COMMONWEALTH BREWING 4 COMPANY, LLC FOR THE CLOSURE OF A 5 PORTION OF LAKE DRIVE ADJACENT TO 6 2444 PLEASURE HOUSE ROAD 7 8 WHEREAS, on October 17, 2023, the Council of the City of Virginia Beach acted 9 upon the application of Commonwealth Brewing Company, LLC (the "Applicant") for the 10 closure of a 7,130 sq. ft. portion of Lake Drive, adjacent to its property located at 2444 11 Pleasure House Road; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3753D) to close 14 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 15 conditions being met on or before October 16, 2024; 16 17 WHEREAS, on September 18, 2024, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action and, by Ordinance 19 adopted on October 15, 2024 (ORD-3787B), City Council approved the extension until 20 October 16, 2025; and 21 22 WHEREAS, on September 19, 2025, the Applicant requested an additional one- 23 year extension of time to satisfy the conditions to the aforesaid street closure action 24 and, by Ordinance adopted on October 7, 2025 (ORD-3830J), City Council approved 25 the extension until October 16, 2026; and 26 27 WHEREAS, on September 15, 2026, the Applicant requested an additional six- 28 month extension of time to satisfy the conditions to the aforesaid street closure action. 29 30 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 31 Beach, Virginia: 32 33 That the date for meeting conditions of closure as stated in the Ordinance 34 adopted on October 17, 2023 (ORD-3753D), upon application of Commonwealth 35 Brewing Company, LLC, is extended to April 16, 2027. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on this 61h _day 38 of October , 2026. 39 40 No GPIN assigned (City Right-of-Way) 41 Adjacent to GPINs: 1570-50-2725, 1570-50-2959 & 1570-50-3916 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: wx!(Il Planning Department City Attorney CA17191 26 K.4. ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council ADOPTED, BY CONSENT, Ordinance to APPOINT Dana R. Harmeyer as Acting City Attorney(Requested by City Council) Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 1 AN ORDINANCE APPOINTING DANA R. HARMEYER AS 2 ACTING CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 1. That pursuant to § 9.02 of the City Charter, Dana R. Harmeyer is hereby 7 appointed as the Acting City Attorney, effective October 6, 2026. He shall serve in that B capacity until such time as a candidate appointed by the City Council to serve as City 9 Attorney begins his or her term of office. 10 11 2. Mr. Harmeyer's compensation shall be increased by$3,244 per month for the 12 period of time that he serves as Acting City Attorney. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of 15 October 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA17315 R-2 September 28, 2026 27 K.S. ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $655,931 from the fund balance of the Technology Trust Fund to the FY 2026-27 Clerk of the Circuit Court Operating Budget re support technology needs and upgrades Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 1 AN ORDINANCE TO APPROPRIATE $655,931 TO THE FY 2 2026-27 OPERATING BUDGET OF THE CLERK OF THE 3 CIRCUIT COURT FOR TECHNOLOGY RELATED 4 EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $655,931 is hereby appropriated from the fund balance of the Technology Trust 10 Fund, with revenue increased accordingly, to the FY 2026-27 Operating Budget of 11 the Clerk of the Circuit Court to support technological related needs and upgrades. 12 13 2. Equipment purchased through this funding is not guaranteed to be replaced by the 14 City of Virginia Beach. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of October , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services -Cifyy Attorney's Office CA17308 R-1 September 23, 2026 28 K.6. ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $29,532 from the balance of the Schilling Point Special Service District Special Revenue Fund to Capital Project#100643, "Schilling Point Neighborhood Dredging II" within the FY 2026-27 Capital Improvement Program Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 1 AN ORDINANCE TO APPROPRIATE FUNDS TO 2 CAPITAL PROJECT #100643, "SCHILLING POINT 3 NEIGHBORHOOD DREDGING II" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 3 $29,532 from the balance of the Schilling Point Special Service District Special 9 Revenue Fund is hereby appropriated, with revenue increased accordingly, to Capital 10 Project ##100643 "Schilling Point Neighborhood Dredging II," within the FY 2026-27 11 Capital Improvement Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of October , 2026. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ity Att y s Office CA17313 R-1 September 23, 2026 29 K.7. ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$177,136.44 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY 2026-27 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO EXPAND ACCESS TO PRESCHOOL 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 6 $177,136.44 is hereby accepted from the Virginia Early Childhood Foundation and 9 Old Dominion University Research Foundation and appropriated, with revenue increased 10 accordingly, to the FY 2026-27 Operating Budget of the Department of Parks and 11 Recreation for the purpose of support programs focused on expanding access to 12 preschool services. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of October 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C' rn s CA17314 R-1 September 23, 2026 30 K.8. ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $60,076 from the Virginia Department of Motor Vehicles (DMV)to the FY 2026-27 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime and equipment expenses related to enhanced speed enforcement Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 I AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR ENHANCED SPEED ENFORCEMENT AND 3 TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $60,076 is hereby accepted from the U.S. Department of Transportation 9 National Highway Traffic Safety Administration via the Virginia Department of Motor 10 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2026- 11 27 Police Department Operating Budget for overtime and equipment expenses related to 12 enhanced speed enforcement. 13 14 2. The local grant match of in-kind resources within the Police Department equal 15 to 50% of the federal funds is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of October 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City-Att" ney's Office CA17310 R-1 September 23, 2026 31 K.9. ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$27,750 from the Virginia Department of Motor Vehicles (DMV) to the the FY 2026-27 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime,training, and equipment expenses related to DUI enforcement Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 6 1. $27,750 is hereby accepted from the U.S. Department of Transportation 9 National Highway Traffic Safety Administration via the Virginia Department of Motor 10 Vehicles and appropriated, with federal revenue increased accordingly, to the FY 2026- 11 27 Police Department Operating Budget for overtime, training, and equipment expenses 12 related to DUI enforcement. 13 14 2. The local grant match of in-kind resources within the Police Department, which 15 is equal to 50% of the federal funds is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of October 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services `�tteKers Office CA17309 R-1 September 23, 2026 32 K.10. ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER$260,000 from Capital Project#100489 "Winston Salem Avenue Improvements" and $200,000 from Capital Project# 100576 "VA Beach Innovation Park Infrasture II" to Capital Project#100459, "ViBe District Street Infrastructure Improvements" re close Capital Project#100459 Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE 2 FY2026-27 CAPITAL IMPROVEMENT PROGRAM FOR 3 CAPITAL PROJECT #100459, "VIBE DISTRICT STREET 4 INFRASTRUCTURE IMPROVEMENTS" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $260,000 is hereby transferred from Capital Project#100489, "Winston Salem 10 Ave Improvements," to Capital Project #100459, "Vibe District Street 11 Infrastructure Improvements." 12 13 2) $200,000 is hereby transferred from Capital Project #100576, "VA Beach 14 Innovation Park Infrastructure II," to Capital Project #100459, "Vibe District 15 Street Infrastructure Improvements." Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of October 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attcfrney's ffice CA17307 R-1 September 23, 2026 33 K.1 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council APPROVED,AS CONDITIONED,AS PROFFERED, BY CONSENT, application of DAVID B. TURTON REVOCABLE TRUST for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re lot width, street line frontage & direct access to a public street and a Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District re develop three (3) single-family residential lots at 2512 Seaboard Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DAVID B. TURTON REVOCABLE TRUST for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re lot width, street line frontage &direct access to a public street and a Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District re develop three (3) single-family residential lots at 2512 Seaboard Road (GPIN 2404529375) DISTRICT 2 The following conditions shall be required: Variance 1. The lots shall be developed in substantial conformance with the conceptual subdivision plan entitled "Concept Development Plan for 2512 Seaboard Road for David B. Turton Revocable Trust, Virginia Beach, Virginia," dated March 4, 2026, prepared by Kellam Gerwitz, 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. A final subdivision plat for the proposed lots shall be submitted for review, approval, and recordation in accordance with the requirements of the City of Virginia Beach Subdivision Regulations. 3. Prior to recordation of the final subdivision plat, a legal document establishing a private cross-access reciprocal easement between the proposed lots shall be recorded.The document shall also include provisions for a shared maintenance agreement. 4. A one-foot no-ingress/egress easement shall be established along the Seaboard Road frontage to limit access to a single shared driveway and to prevent the establishment of additional access points in the future. 5. Fire Department access shall be provided in accordance with applicable Fire Code requirements. Fire apparatus access shall be located within 300 feet of all portions of any proposed building. All access drives shall be constructed of all- weather materials and designed to support a minimum fire apparatus loading capacity of 82,000 pounds. October 6, 2026 34 K.1 PLANNING (Continued) 6. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Conditional Change of Zoning An Agreement encompassing Proffers shall be recorded with the Clerk of the Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on October 6, 2026. Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 Prepared by: Return to: Michael G. Sweeney, Esq, City Attorney's Office VA State Bar No.: 36823 City of Virginia Beach 1 105 Madison Plaza, Ste. 120 2401 Courthouse Drive Chesapeake, VA 23320 Virginia Beach, VA 23456 DAVID B. URTON,TRUSTEE, The David B. Turton Revocable Trust dated September 4, 2025 TO(PROFERRED COVENANTS, RESTRICTIONS AND CONDITIONS) THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia DECLARATION OF PROFFERS THIS DECLARATION OF PROFFERS is entered into this the 22nd day June, 2026, by and between DAVID B. TURTON,TRUSTEE of The David B. Turton Revocable Trust dated September 4, 2025, hereinafter referred to as "GRANTOR" and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "GRANTEE." RECITALS: WHEREAS, David B. Turton, Trustee, is the owner of certain real property consisting of 3.8 acres located at 2512 Seaboard Road, Virginia Beach, Virginia which legal description is attached herewith on Exhibit 1 and is incorporated by reference herein, hereinafter referred to as the "Property." WHEREAS, the City of Virginia Beach is a municipal corporation located in the Commonwealth of Virginia. WHEREAS,Grantor initiated an amendment to the Zoning Mapy of the City of Virginia Beach,Virginia, by petition addressed to Grantee,so as to changes the zoning classification of the Property from AG-1 and AG-2, Agricultural District to Conditional R-15, Residential District. WHEREAS,on or about June 26,2026,Grantor filed a Conditional Rezoning Application with the City of Virginia Beach,Virginia. WHEREAS,on or about June 26,2026,Owner also filed an Application for a Subdivision Variance with the City of Virginia Beach, Virginia. G P I N: 2404-5 2-93 7 5-0000 Property Address: 2512 Seaboard Road, Virginia Beach, Virginia 23454 Title Insurance Under: Fidelity Title Insurance Company WHEREAS,pursuant to Grantor's Conditional Rezoning Application, Owner has agreed to record certain deed restrictions and proffers with the Circuit Court for the City of Virginia Beach,Virginia which shall run with the land for the benefit of Grantor,Grantee and future owners of the Property. herein. WHEREAS,Grantor desires to subject the following proffers to the property as described WITNESSETH NOW THEREFORE,in consideration of the City of Virginia Beach approving Grantors Application for a Conditional Rezoning of the Property and such other consideration, the receipt and acceptance of which is hereby acknowledged, Grantor hereby grants unto the Grantee and declares the Property described on Exhibit 1 as subject to the following proffers,to-wit: 1. When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled,"Concept Development Plan for 2512 Seaboard Road for David B. Turton Revocable Trust, Virginia Beach, Virginia," dated March 4, 2026 prepared by Kellam Gerwitz(the "Concept Plan"), a copy of which has been exhibit to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which is incorporated by reference herein. 2. The Property shall consist of no more than three (3) lots and the homes to be constructed at the Property will consist of a minimum of 2,500 square feet. 3. The homes to be constructed at the Property shall be constructed in conformance with the Transition Area Design Guidelines and the materials used for construction of the homes at the Property shall be in conformance with the Transition Area Design Guidelines. 4. When the property is developed it shall be in substantial conformity with the variable width access easement for a driveway as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. 5. When Lot 1 is developed it shall be in substantial conformity with the 50'vegetative buffer along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. 6. When Lot I is developed it shall be in substantial conformity with the 12' shared use path along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. 7. When Lot 1 is developed it shall be in substantial conformity with the F no ingress/egress along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. 8. The deed restrictions and proffers as stated herein shall run with the land for the benefit of Grantor, Grantee and future owners of the Property. 2 All references hereinabove to Conditional R-15, Residential District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded, said instrument shall be void. Further,Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b)to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement, damages,or other appropriate action, suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,and indexed in the names of the Grantor and the Grantee. 3 WITNESSETH the fo wing signature: Davi on, Trustee _ ate The David B. Turton Revocable Trust dated September 4,202.5 STATE OF VIRGINIA; CITY OF VIRGINIA BEACH, to-wit: 1,the undersigned Notary Public in and for the City and State aforesaid,do hereby certify that and David B. Turton, Trustee of the David B. Turton Revocable Trust dated September 4, 2025 has acknowledged this instrument before me in the CityrCount_y and State aforesaid on this day of September,2026, He is personally known to me. f , NOT, RY PUBLI My Commission expires: - - Registration No.: � � Michael G. Sweeney Notary public FRe9 # 194630 COMTOriweafth Of Virginia 2'7 y Commission Expires March 31,2OW 4 EXHIBIT I LEGAL DESCRIPTION ALL THAT certain lot,piece or parcel of land with the buildings and improvements thereon,lying in the City of Virginia Beach, Virginia, and being more accurately described as follows: Beginning;at a point on the eastern side of Seaboard Road being 1,169' +/-south of Princess Anne Road,thence 1017.11' N 66 degrees 08'57"E to a pin; thence165'S 23 degrees 12'08" E to a pin; thence 1017.25'S 66 degrees 08'57" W to a pin; thence 132.93' N 23 degrees 16'04" W along Seaboard Road to the point of beginning; being; 3.8533 AC as shown on the Physical Survey of Parcel of Land located at 2512 Seaboard Road, Virginia Beach, Virginia D.B. 278, Pg 517 and D.B. 2770, Pg 1255 for Eric Zahang& Destiny Chau, made by DKT Associates Land Surveyors, dated March 16, 2015, which plat is recorded as Exhibit A in Instrument Number 20150602000503330. 5 AG2 AG2 R10 W 01 R20 °2 AG2 ��► Princess Anne Elementary School N AG1 o AG2 7 0 oA AG2 B2 R20 i,iimess Anne Middle ,J'so p School R 2n V V Sear ® site Davis B. Turton Revocable Trust N tp zoning 2512 Seaboard Road w J Property Polygons Feet 0 70 140 280 420 560 Map created by Planning Department on 9/8/2026 35 K.2. PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council APPROVED,AS MODIFIED,AS CONDITIONED, BY CONSENT, application of DANIEL RUBY, TIMMONS GROUP/CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re construct a 20,000 square foot field house at 4552 Princess Anne Road DISTRICT 1 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DANIEL RUBY,TIMMONS GROUP/CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re construct a 20,000 square foot field house at 4552 Princess Anne Road (GPIN 1476537071) DISTRICT 1 The following conditions shall be required: 1. All previous conditions attached to the Modification of Conditions for the property located at 4552 Princess Anne Road of May 28, 2013, shall be voided and replaced with the following conditions below. 2. The field house shall be developed in substantial conformance to the conceptual site plan entitled "Catholic HS Existing Proposed Modification", prepared by Timmons Group, dated June 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. The architectural design and materials of the field house shall be developed in substantial conformance to the elevations entitled "Catholic High School Fieldhouse", prepared by RRMM Architects, dated July 31, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval during final site plan review. 5. The property owner shall obtain a cross-access easement for the proposed access point shown on the Brennaman Farms Shopping Center property prior to the approval of a site plan. 6. The additions to the school shall be developed in substantial conformance with the submitted Site Plan entitled "BISHOP SULLIVAN CATHOLIC HIGH SCHOOL SITE PLAN" prepared by Langley& McDonald, Inc., dated December 19, 2012.Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. October 6, 2026 36 K.2 PLANNING (Continued) 7. The proposed additions shall be constructed substantially in accordance with the submitted building elevations entitled "ATHLETIC FACILITY EXPANSION BISHOP SULLIVAN CATHOLIC HIGH SCHOOL" prepared by Hanbury Evans Wright Vlattas, undated. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 8. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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 October 6, 2026. Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 so`�o 000s' �.�`� P D H 1 P D H 1 s , O2 P D H 1 r 01 A��tic R7.5 Fss PDH1 R7.5 R10 CO yFq R 10 0 `Tyy �a wqr ;• c+ B2 P D H 1 N °J R 1'0 � Site Daniel Ruby, Timmons Group Zoning 4552 Princess Anne Road Ci Property Polygons Feet 0 112.5 225 450 675 900 Map created by Planning Department on 9/8/2026 37 K.3. PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council DEFERRED TO NOVEMBER 10, 2026, BY CONSENT, application of SECTORSITE TOWER ASSETS L.L.C./SECTORSITE TOWER ASSETS L.L.C., GREAT EASTERN RESORT CORPORATION AND VICINITY HOLDINGS LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit re mini-warehouse facility and a Conditional Use Permit re bulk storage yard at 3386 & 3396 Holland Road DISTRICT 10(APPLICANT REQUESTS DEFERRAL TO NOVEMBER 3, 2026) Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 38 K.4. PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council APPROVED,AS CONDITIONED, BY CONSENT, application of GENESIS HOLDINGS OF HAMPTON ROADS, LLC/STARLING FARM, LLC for a Conditional Use Permit re bulk storage yard at parcel South of Dam Neck Road, directly Northeast of 3024 Holland Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GENESIS HOLDINGS OF HAMPTON ROADS, LLC/STARLING FARM, LLC for a Conditional Use Permit re bulk storage yard at parcel South of Dam Neck Road, directly Northeast of 3024 Holland Road (GPIN 1495354380) DISTRICT 2 The following conditions shall be required: 1. The site shall be developed in substantial conformance to the concept plan entitled "Preliminary Layout for Affordable Towing Storage Yard", dated July 1, 2026, prepared by CECS, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence. 3. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 4. The storage on the site shall be limited to operable, licensed vehicles including trucks, RVs, trailers, and boats. 5. Edge treatment shall be installed along the perimeter of all gravel areas to prevent gravel from migrating onto adjacent paved surfaces, internal drive aisles,or travel lanes. The edge treatment shall be shown on the final site plan and maintained for the duration of the use. 6. Prior to the issuance of any land disturbance permit, the applicant shall obtain all required permits and approvals associated with impacts to non-tidal wetlands, including approval of a Joint Permit Application by the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality (DEQ). 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. October 6, 2026 39 K.4. 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 October 6, 2026. Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 . .. o �� o DPMNECK KU 11—1 � ZO a 0 ;, <1 . .. . - - » wr- ».. 1. 1 _... r. -4r .\Ir, AG2 � ..,�Ma.. 02 - »» ... B2 1 . B2 ..... _ . 11 .1Ir' .. .1, «:»\Ir«. .. 1b- ......;.....-..::Vrt« »„.11r. •::r b..t« .14,• ® site Genesis Holdings of Hampton Roads, LLC " O zoning Parcel south of Dam Neck Road W - F Property Polygons and directly northeast of 3024 Holland Road Feet 0 112.5 225 450 675 900 Map created by Planning Department on 9/8/2026 40 K.5. PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council APPROVED,AS CONDITIONED, BY CONSENT,application of SOUTHSIDE BARBELL LLC/ BAPA PROPERTIES LLC SERIES 5512 VIRGINIA BEACH BOULEVARD for a Conditional Use Permit re indoor recreational facility at 5512 Virginia Beach Boulevard DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SOUTHSIDE BARBELL LLC/ BAPA PROPERTIES LLC SERIES 5512 VIRGINIA BEACH BOULEVARD for a Conditional Use Permit re indoor recreational facility at 5512 Virginia Beach Boulevard (GPIN 1467480402) DISTRICT 4 The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 2. All outdoor lighting shall comply with all applicable provisions of the City's Lighting Ordinance, including, but not limited to, the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. 3. Any equipment used and stored outdoors shall not obstruct designated parking spaces and shall be stored in a designated area, as highlighted on the conceptual site plan entitled "Site Plan for Southside Barbell, March 23, 2026", dated 3 March 2026, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on October 6, 2026. October 6, 2026 41 K.S. PLANNING (Continued) Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 1 \ 'o B2 CO cy e ,? <�o c� B2 B2 v, FgcyB<1,a Alb ,..4� trR��r� ��o B2 ® site Southside Barbell, LLG I zoning 5512 Virginia Beach Boulevard Property Polygons Feet 0 45 90 180 270 360 Map created by Planning Department on 9/8/2026 42 K.6. PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council APPROVED,AS CONDITIONED, BY CONSENT, application of 446 OCEANA BLVD, LLC for a Conditional Use Permit re bar and night club at 446 Oceana Boulevard DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 446 OCEANA BLVD, LLC for a Conditional Use Permit re bar and night club at 446 Oceana Boulevard (GPIN 2417107263) DISTRICT 6 The following conditions shall be required: 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Physical Survey of Lots A & B Property of D.S. Potter Estate —Virginia Beach, Virginia for 446 OCEANA BLVD, LLC' dated May 14, 2026, REVISED: May 28, 2026, prepared by Rouse-Sirine Associates, LTD., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The applicant shall maintain a current and approved liquor license with the Virginia Alcoholic Beverage Control (ABC) Authority. 3. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 4. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on October 6, 2026. Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 O O R+ fi Z. 2 P P G G p O O I m �i B'2 L 4 O O 2 Z ® site 446 Oceana Blvd, LLG Zoning 446 Oceana Boulevard Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 9/8/2026 43 K.7. PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, the City Council APPROVED,AS CONDITIONED, BY CONSENT, application of BIRCHWOOD MALL ASSOCIATES, L.L.P. for a Conditional Use Permit re indoor recreational facility at 3754 Virginia Beach Boulevard DISTRICT 8 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA BIRCHWOOD MALL ASSOCIATES, L.L.P. for a Conditional Use Permit re indoor recreational facility at 3754 Virginia Beach Boulevard (GPIN 1487440698) DISTRICT 8 The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy prior to commencing operation. 2. No change of occupancy shall be made in any building or structure unless such building or structure is made to comply with the requirements of the USBC as determined by the building official. A Certificate of Occupancy and an Occupancy Load is required for the building to be used as a place of Assembly and shall be obtained from the Virginia Beach Permits and Inspections Office with approval from Zoning.The Occupancy Load shall be posted in a conspicuous place near the main exit for every room or space that is an assembly occupancy and where the occupant load of that room or space is 50 or more. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. A bike rack shall be installed at or near the main entrance of the property. 5. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. 6. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. October 6, 2026 44 K.7. 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 October 6, 2026. Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 R7.5 R7.5 R7.5 Z R 1.5 R7.5 O &rchwood South Pork u RZ.5 s B2 r �� B2 �L Z 02 Q U 02 02 -�-° O O VIRGINIA BEACH BLVD xRG � D VIRGINIA BEACH BLVD ;a VIRGINIA BEACH BLVD D2 EM site Birchwood Mall Associates, L.L.P. CI zoning 3754 Virginia Beach Boulevard Property Polygons Feet 0 70 140 280 420 560 Map created by Planning Department on 9/8/2026 45 L. APPOINTMENTS BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE INDEPENDENT CITIZEN REVIEW BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD October 6, 2026 46 L. APPOINTMENTS Upon nomination by Vice Mayor Wilson, City Council APPOINTED and/or REAPPOINTED the following: BEACHES AND WATERWAYS ADVISORY COMMISSION Appointed: Ryan Davidson— Represents At-Large Member Three year term 10/6/2026—9/30/2029 CLEAN COMMUNITY COMMISSION Reappointed: Alexis Williams Three year term 12/1/2026— 11/30/2029 COG REVIEW &ALLOCATION REVIEW BOARD Reappointed: Tiffany Arguello— Represents Public Library Board Member Three year term 11/1/2026— 10/31/2029 MINORITY BUSINESS COUNCIL Reappointed: Cynthia Terry Two year term 11/1/2026— 10/31/2028 RESORT ADVISORY COMMISSION Reappointed: William Almond — Represents Design Professional Three year term 12/1/2026— 11/30/2029 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Appointed: Mark Carter Four year term 10/6/2026—9/30/2030 VIRGINIA BEACH TOWING ADVISORY BOARD Appointed: Jonathan M. Sawyers— Represents Towing Industry Unexpired term 10/6/2026—5/31/2027 Plus a three year term 6/1/2027—5-31/2030 Voting: 10—0 Council Members Voting Aye: Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross- Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Rosemary C. Wilson Council Members Absent: Michael F. Berlucchi October 6, 2026 47 ADJOURNMENT Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:28 P.M. Terri H. Chelius Chief Deputy City Clerk Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia October 6, 2026 48 OPEN DIALOGUE The following registered to speak: Dennis Jemison, 4005 South Plaza Trail, Phone: 790-7972, did not respond Denice Shafiee, 120 Armon Avenue, Phone: 788-9206, shared her frustration regarding a civil court case she has pending. Joseph Mahachek, 1228 Graylyn Road, Phone: 845-239-7474, spoke regarding the Wreaths Across America initiative to place wreaths for veterans at cemeteries and invited the City Council and the viewing public to attend the ceremony on December 19th at 9:00 A.M. at Princess Anne Memorial Park. Susan Matousek, P.O. Box 6052, Phone: 252-619-7309, expressed her concern regarding the treatment of people with disabilities. Hanna Merk, 31133rd Street, Phone: 804-729-5558, spoke concerning the Housing Choice Voucher Program Policy. Whitney Yancy, 3305 Cedar Bridge Road, Phone: 985-7482, stated she no longer feels safe in the City since her daughter was involved in a fight at her school and is moving out of the City. Steve Emmert, 3317 Hershridge Road, Phone: 615-3111, shared his fond memories of former City Attorney Mark D. Stiles Ashley Van Note, 5607 Morningside Court, Phone: 901-2423, advised she was forced to move from her rental home when it condemned and was unable to receive assistance through the Housing Resource Center. Ms. Van Note complained of the Housing Resource Center's poor customer service, organization and lack of written policies. Craig Henson, 1825 Garden Drive, Phone: 201-0744, suggested the City consider using Mt. Trashmore as a location to hold cross-country track events. Mr. Henson also expressed his concern that the City's parking app is not ADA compliant. Candice Downing, 4794 Baxter Road, Phone: 626-9966, complained that the Housing Resource Center has not been responsive and requested City Council's assistance regarding housing. Allen Prince, 1868 Chelsea Green Drive, Phone: 589-1519, complained of the noise and people racing behind his Twin Mills neighborhood as a result of the Amazon development and Dominion Energy's Coastal Virginia Offshore Wind Project. Douglas Kelly, 2228 Crossroad Trail, Phone: 328-9810, expressed his frustration with the sale of Virginia Beach National Golf Course. Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, expressed her frustration with the increasing property taxes and hardship since being unemployed. Ms. Martir requested City Council's assistance in job placement within the City. Matthew Hamaker, 3200 Cornette Court, Phone: 617-7905, expressed his appreciation to City Council and shared recommendations for home based childcare to address a shortage of facilities. ADJOURNED at 7:18 P.M. October 6, 2026