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HomeMy WebLinkAbout11-17-2026 FORMAL SESSION AGENDA City of � G�r1IA BCC Virginia Beach "COMMUNITY FOR A LIFETIME 'S City Council Agenda November 17, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. COASTAL STORM RISK MANAGEMENT UPDATE 3:00 P.M. Colonel Sonny Avichal, Commander—US Army Corps of Engineers Norfolk District Heather Lockwood, Project Manager— US Army Corps of Engineers Norfolk District II. CITY MANAGER'S BRIEFING A. COASTAL STORM RISK MANAGEMENT STAFF OVERVIEW 4:15 P.M. Kevin Chatellier, Director— Budget and Management Services L.J. Hansen, Director—Public Works Ill. CITY COUNCIL DISCUSSION / INITIATIVES/COMMENTS 4:45 P.M. IV. CITY COUNCIL AGENDA REVIEW 5:00 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:15 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Guenter Weissenseel H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Resolution to ADOPT the City's 2027 Legislative Agenda 2. Resolution to REQUEST the General Assembly add Section 2.03 to the City Charter to require a super-majority vote to rezone property to a higher density or a more intense zoning district and require a public hearing and findings prior to extending water and sewer utilities re south of the blue line (Requested by Mayor Dyer and Vice Mayor Wilson) 3. Resolution to DIRECT the City Manager to close a section of Twin Mills Road between London Bridge Road and Lava Beach Lane to vehicular traffic (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Cummings, Ross-Hammond and Schulman) 4. Ordinance to ADD City Code Section 5-502 re Animal Cruelty Registry (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Cummings, Henley, Remick and Ross-Hammond) 5. Ordinance to AMEND City Code Sections 5-530 and 5-533 re animals 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Deed of Release and Exchange re Agricultural Lands Preservation (ARP) Easement located on the property of Violet Rae Jensen 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Mill Lake and a City-owned 5' public drainage and utility easement at the rear of 2945 Wood Duck Drive re construct and maintain two (2) vinyl return walls, vinyl bulkhead, timber pier and maintain an existing timber bulkhead DISTRICT 2 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce at the rear of 4453 Lee Avenue re maintain an existing concrete boat ramp and rip rap revetment, and construct and maintain a timber pier with timber access ramp, timber wharf with two (2) stems, timber floating pier,jet ski float, replacement rip rap revetment, and four-pile boatlift with mesh cover and timber finger pier DISTRICT 9 J. PLANNING 1. ASHLEY AND STEPHEN DONNINI for a Street Closure re one-half of an unnamed, unimproved 15-foot wide alley adjacent to the rear of 624 Surfside Avenue in Croatan DISTRICT 5 RECOMMENDATION: APPROVAL 2. CORPORATE LANDING PKWY DEVELOPMENT, LLC/VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Proffers to a Conditional Change of Zoning and Conditional Use Permit re bulk storage yard at a portion of property directly north of 1900 Corporate Landing Parkway DISTRICT 5 RECOMMENDATION: APPROVAL K. APPOINTMENTS • ADVERTISING ADVISORY COMMITTEE • ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CHESAPEAKE BAY PRESERVATION AREA BOARD • COMMUNITY SERVICES BOARD • DEFERRED COMPENSATION BOARD • HISTORIC PRESERVATION COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OCEANA LAND USE CONFORMITY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • STORMWATER APPEALS BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the meeting at: https://vbgov.webex.com/weblink/register/r85ccfe994a951291156e249920d284aa 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 17, 2026. City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson District 5 rcwilson@VBgov.com 1 757-713-3616 District 1: David Hutcheson I dhutcheson@VBgov.com 1 757-651-7641 District 2: Barbara M. Henley I bhenley@VBgov.com 1 757-426-7501 District 3: Michael F. Berlucchi I mberlucc@VBgov.com 1 757-407-5105 District 4: Dr. Amelia N. Ross-Hammond I.arosshammond@VBgov.com 1 757-840-0735 District 6: Robert W. "Worth" Remick I wremick(c@VBgov.com 1 757-840-5855 District 7: Cal "Cash"Jackson-Green I ciacksongreen@VBgov.com 1 757-629-8792 District 8: Stacy Cummings I stcummings@VBgov.com 1 757-629-8691 District 9:Joashua F. "Joash" Schulman I ichulman@VBgov.com 1 757-840-1291 District 10:Jennifer Rouse I ivrouse@VBgov.com 1 757-840-1821 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney I City Manager Amanda Barnes I City Clerk Dana R. Harmeyer I Acting City Attorney Sue Cunningham I City Real Estate Assessor Lyndon S. Remias I City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach,VA 23456 Phone:757-385-4303 1 Fax:757-385-5669 I. CITY COUNCIL'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. COASTAL STORM RISK MANAGEMENT UPDATE 3:00 P.M. Colonel Sonny Avichal, Commander— US Army Corps of Engineers Norfolk District Heather Lockwood, Project Manager— US Army Corps of Engineers Norfolk District II. CITY MANAGER'S BRIEFING A. COASTAL STORM RISK MANAGEMENT STAFF OVERVIEW 4:15 P.M. Kevin Chatellier, Director— Budget and Management Services L.J. Hansen, Director— Public Works III. CITY COUNCIL DISCUSSION / INITIATIVES/COMMENTS 4:45 P.M. IV. CITY COUNCIL AGENDA REVIEW 5:00 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:15 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Guenter Weissenseel IA-BPAC 20�9 �1 G`ri OF OUR NATO "SOL=ON WHEREAS:Gunter Weissenseel has built a distinguished 42 year career in the automotive manufacturing industry, working for three German automotive suppliers in Germany, Canada,and the United States,and bringing decades of international manufacturing experience and leadership to Virginia Beach;and WHEREAS:Mr. Weissenseel has called Virginia Beach home since 2008,when he became President of the Virginia Beach operation of IMS Gear, a German-based global manufacturer of gear and transmission technology;and WHEREAS: under Mr. Weissenseel's leadership, the Virginia Beach operation grew from approximately 54 employees to more than 300 employees at its peak,expanded into a new facility,achieved annual production growth exceeding 30 percent during its expansion, and became a major supplier of seat-adjustment components to the United States automotive market;and WHEREAS:Mr. Weissenseel championed workforce development by implementing and fostering a German-style apprenticeship program in mechatronics,creating opportunities for employees to develop advanced manufacturing skills and build meaningful careers in Virginia Beach;and WHEREAS:Mr. Weissenseel has extended his leadership beyond the workplace through years of service to the Hampton Roads Workforce Council, including as Vice Chair, and to the Virginia Beach Development Authority, including as Treasurer, contributing his experience and perspective to workforce and economic development throughout the City and region;and WHEREAS:Mr. Weissenseel and his wife,Maria,President of Virginia Beach Sister Cities Association,have made Virginia Beach their home and have dedicated themselves to strengthening the international, cultural, civic, and economic relationships that connect Virginia Beach and Hampton Roads with communities around the world;and WHEREAS.on September 10, 2026, Mr. Weissenseel was sworn in as Honorary Consul of the Federal Republic of Germany serving Virginia,an office through which he will serve as a bridge between Germany's diplomatic and consular missions and the communities they serve;and WHEREAS:Honorary Consuls serve voluntarily and are selected for their professional standing, local expertise, and strong networks,helping advance bilateral relationships,assist citizens,strengthen economic and institutional connections,and provide valuable local knowledge to their country's diplomatic missions;and WHEREAS: Mr. Weissenseel's German heritage, American citizenship, international business experience, and longstanding commitment to Virginia Beach uniquely position him to strengthen the bonds offriendship,commerce, culture,and cooperation between Germany, Virginia Beach,Hampton Roads,and the Commonwealth of Virginia; and NOW,THEREFORE,BE IT RESOLVED,that the Virginia Beach City Council hereby pauses in its deliberations to recognize and congratulate Gunter Weissenseel upon his appointment as Honorary Consul of the Federal Republic of Germany, and extends its sincere appreciation for his extraordinary contributions to manufacturing, workforce development,economic growth, international cooperation,and civic life in Virginia Beach and Hampton Roads. Given by the Council of the City of Virginia Beach, Virginia, this 17th day of November 2026, and presented this Resolution duly si ed rbember of the Virginia Beach City Council. Oncil Member Michael F.Berlucchi Co cum nber Stacy Cu ing Coun it Member Barbara M.Henley Council Member David Hutcheson Council Member Cal"C s "Jackson- een Council Member Robert W. "Worth"Remick Council Member Dr.Amelia Ross-Hammond uncil Member Jennifer V.Rouse Council Member Joashua F.Schulman Vic r ar s Mayor Robert M. "Bobby"Dyer H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Resolution to ADOPT the City's 2027 Legislative Agenda 2. Resolution to REQUEST the General Assembly add Section 2.03 to the City Charter to require a super-majority vote to rezone property to a higher density or a more intense zoning district and require a public hearing and findings prior to extending water and sewer utilities re south of the blue line (Requested by Mayor Dyer and Vice Mayor Wilson) 3. Resolution to DIRECT the City Manager to close a section of Twin Mills Road between London Bridge Road and Lava Beach Lane to vehicular traffic (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Cummings, Ross-Hammond and Schulman) 4. Ordinance to ADD City Code Section 5-502 re Animal Cruelty Registry (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Cummings, Henley, Remick and Ross-Hammond) 5. Ordinance to AMEND City Code Sections 5-530 and 5-533 re animals 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Deed of Release and Exchange re Agricultural Lands Preservation (ARP) Easement located on the property of Violet Rae Jensen 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Mill Lake and a City-owned 5' public drainage and utility easement at the rear of 2945 Wood Duck Drive re construct and maintain two (2) vinyl return walls, vinyl bulkhead, timber pier and maintain an existing timber bulkhead DISTRICT 2 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce at the rear of 4453 Lee Avenue re maintain an existing concrete boat ramp and rip rap revetment, and construct and maintain a timber pier with timber access ramp, timber wharf with two (2) stems, timber floating pier,jet ski float, replacement rip rap revetment, and four-pile boatlift with mesh cover and timber finger pier DISTRICT 9 a. , . . S�w yt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2027 Legislative Agenda PUBLIC COMMENT: October 20, 2026 MEETING DATE: November 17, 2026 ■ Background: The City Council approves a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. ■ Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and the City Council's appointed boards and commissions. On September 19, 2023, the City Council adopted a policy regarding the vote upon the Legislative Agenda. For non-charter items, approval requires an affirmative vote of two- thirds of the members of the City Council. ■ Public Information: The Preliminary Draft of the Legislative Agenda was provided to the City Council at its October 13, 2026 workshop. Pursuant to City Council Policy, a Public Comment was held at the October 20, 2026 Formal Session. Additional discussion on the proposed Legislative Agenda occurred at the October 27, 2026 workshop and November 10, 2026 workshop. ■ Attachments: Resolution; 2027 Draft Legislative Agenda; City Council Policy The 2027 Legislative Agenda is presented to the City Council pursuant to the policy adopted September 19, 2023. 1 A RESOLUTION ADOPTING THE CITY'S 2027 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2027 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2027 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2027 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 31 day of , 2026. Requires a two-thirds affirmative vote by the members of the City Council. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office i torney s Office CA17324 R-1 October 6, 2026 CITY OF VIRGINIA BEACH , VIRGINIA GENERAL ASSEMBLY Legislat*ive en a u z 4 Eon] ` " 0 In lfl ID 0 00 Q m101 ED7 low Al � 1 E r � .. ..... k,.sue l V AV/ y 2027 SESSION Proposed Version — October 2026 Table of Contents POLICY PRIORITIES ...................................................................................................................... 3 1. Affordable Housing......................................................................................................... 3 2. Economic Development.................................................................................................. 3 3. Education ........................................................................................................................4 4. Energy .............................................................................................................................4 5. Fiscal Responsibility and Budget Impacts....................................................................... 5 6. Flooding and Environment.............................................................................................. 5 7. Land Use.......................................................................................................................... 6 8. Public Safety.................................................................................................................... 6 9. Transportation ................................................................................................................ 7 CODEAMENDMENTS.................................................................................................................. 8 10. Deferred Retirement Option Plan for Public Safety Employees................................. 8 11. Tourism Development Financing Program................................................................. 9 12. Community Safety Zones.......................................................................................... 13 13. Possession of Firearms While Intoxicated................................................................ 14 14. Increase the Representation of Law Enforcement on the Forensic Science Board . 15 15. Extend the Court-Ordered Timeframe for Temporary Adult Protective Services.... 16 16. Update Authority Related to Animal Cruelty Registries........................................... 17 17. Increase the Penalty for Prostitution Near a Massage Parlor.................................. 18 18. Expand the Circumstances When a Court Can Temporarily Prohibit Disclosure of Subpoenas, Search Warrants, and Disclosure Orders.......................................................... 19 CHARTERAMENDMENT............................................................................................................ 20 19. Protecting the Blue Line............................................................................................ 20 REQUESTEDBUT DEFERRED...................................................................................................... 22 CODE AMENDMENT: Condominium Review Authority........................................................ 22 2 Updated November 10,2026 POLICY PRIORITIES 1. Affordable Housing The City of Virginia Beach seeks to address the growing need for affordable housing with the goal to ensure that all residents have access to safe, high quality, and affordable housing and to promote inclusive and diverse communities. • Because every locality has its unique challenges,the City of Virginia Beach encourages the General Assembly to provide funding, incentives, and policy flexibility to allow localities to tailor solutions that will fit their communities while maintaining the ability to control land use decisions at the local level. • The City of Virginia Beach supports increased funding for the Virginia Housing Trust Fund to expand and preserve the supply of affordable homes. • The City of Virginia Beach supports efforts to establish,expand,and fund rental assistance programs and first-time homebuyer assistance programs. 2. Economic Development The City of Virginia Beach aims to implement a dynamic and forward-thinking economic development strategy designed to foster sustainable growth, enhance economic diversification, and promote innovation. • The City of Virginia Beach encourages the General Assembly to support local and regional efforts to attract and retain talent that will support the growing workforce needs of the Hampton Roads region. • The City of Virginia Beach encourages the General Assembly to support initiatives that provide funding, incentives, and policy flexibility that aligns with the City's economic growth strategy. • The City of Virginia Beach requests continued support from the General Assembly to increase access to affordable childcare. • The City of Virginia Beach appreciates the General Assembly's establishment of the Sports Tourism Grant program and encourages the General Assembly to increase its funding. 3 Updated November 10,2026 POLICY PRIORITIES 3. Education The City of Virginia Beach continues to support the Virginia Beach School Board's efforts to enhance educational resources,teacher support, and student development to foster a robust educational environment and prepare students for future success. • The City of Virginia Beach encourages the General Assembly to implement reforms to increase the Commonwealth's share of education funding as was identified in the 2024 JLARC study regarding Virginia's K-12 Funding Formula. • The City of Virginia Beach encourages the General Assembly to continue efforts to raise teacher pay beyond the national average. 4. Energy With growing power demand and rising electric bills, the City of Virginia Beach encourages the Commonwealth to seek common sense solutions that enhance energy sustainability, reliability, and affordability. • The City of Virginia Beach appreciates efforts by the General Assembly to reduce the cost and administration of renewable energy interconnectivity at municipal facilities through the creation of the Solar Interconnection Grant Program and encourages the General Assembly to continue funding the grant program. • While the City of Virginia Beach supports the Commonwealth's goals to increase the use of clean energy, it is critical to recognize the potential impact utility scale energy and battery storage projects have on communities and localities. Because of these potential impacts, the City of Virginia Beach encourages the General Assembly to continue to support the authority of localities to regulate the siting and development of energy facilities. 4 Updated November 10,2026 POLICY PRIORITIES 5. Fiscal Responsibility and Budget Impacts The City of Virginia Beach seeks to address fiscal challenges and annual budgetary impacts in a responsible manner that effectively meets essential services and community needs. • When resources are not available at the federal or state level, it falls onto local governments to provide resources for residents most in need, especially as it comes to health care, housing, and food insecurity. The City of Virginia Beach encourages the General Assembly to prioritize filling these funding gaps where possible and to partner with local governments to support those impacted. • The City of Virginia Beach requests that the General Assembly refrain from capping, removing, or restricting local government revenue sources without replacing it with a sustainable revenue source of equal rate. • The City of Virginia Beach requests that the General Assembly refrain from creating additional unfunded mandates and provide financial support to fill the gaps created by these unfunded mandates. • The City of Virginia Beach supports the statewide authority for local governments to establish an excise tax on the sale of vaping products. • The City of Virginia Beach supports maintaining the local option regarding collective bargaining for public sector employees. 6. Flooding and Environment The City of Virginia Beach aims to improve resilience to flooding, enhance stormwater infrastructure, and promote sustainable practices to mitigate the impacts of extreme weather events. • The City of Virginia Beach requests that the Commonwealth develop a state funding program to support the non-federal match requirements of localities for federal grants that support large-scale flood relief projects. • The City of Virginia Beach supports continued investment in the Storm Water Local Assistance Fund (SLAF) for improvements and installation of effective storm water management controls. • The City of Virginia Beach supports increased funding for the Community Flood Preparedness Fund. • The City of Virginia Beach requests the Commonwealth to evaluate whether preservation of existing mature tree canopy should be recognized as a Best Management Practice (BMP) within Virginia's stormwater regulatory framework. 5 Updated November 10,2026 POLICY PRIORITIES 7. Land Use The City of Virginia Beach aims to utilize a comprehensive land use and development strategy to guide sustainable growth, optimize land utilization, and enhance the quality of life for its residents. • The City of Virginia Beach requests that the General Assembly refrain from passing legislation that would reduce or eliminate the authority of the Commonwealth's localities from making their own land use decisions. • The City of Virginia Beach supports preserving local authority to regulate short term rentals and to enhance enforcement of those regulations, including greater authority to localities to enforce their zoning ordinances as they relate to short term rentals. 8. Public Safety The City of Virginia Beach seeks to ensure a safe and healthy community for residents and visitors through proactive measures, enhanced technology, and increased resources. • The City of Virginia Beach requests that the General Assembly prioritize increased dedicated funding to police, fire, and emergency medical services. • The City of Virginia Beach requests that, as the General Assembly considers changes to the Aid to Localities funding formula, it ensures that no locality experiences a reduction in funding as a result of any changes to the formula and supports increased funding levels to strengthen state assistance to localities. • The City of Virginia Beach requests that the General Assembly preserve existing local authority to implement public safety technology, including expanding local authority to install speed enforcement cameras beyond school and construction zones and enable the use of noise abatement devices to better enhance the quality of life in our neighborhoods. 6 Updated November 10,2026 POLICY PRIORITIES 9. Transportation The City of Virginia Beach seeks to enhance mobility, reduce congestion, and improve sustainability of transportation infrastructure through modernizing road networks, supporting public transit and multi-modal options, and ensuring safety and accessibility for all users. • The City of Virginia Beach supports efforts to continue to improve highway and secondary roadway infrastructure throughout Hampton Roads. • The City of Virginia Beach supports efforts by Hampton Roads Transit(HRT)to protect and enhance transit programs and funding including appropriate essential,consistent funding to meet HRT's capital and operating needs, including innovative transit options such as micro-transit. • The City of Virginia Beach supports General Assembly efforts to continue investing in trail projects with a request that the Virginia Beach Trail be considered for any future funding opportunities. • The City of Virginia Beach supports efforts by the General Assembly to protect vulnerable road users, including pedestrians and cyclists. • The City of Virginia Beach supports efforts to improve safety and user education related to a-bikes including options to ban the use of cell phones while cycling, clarifying the definition of an a-bike and other motorized two-wheeled vehicles, and by supporting the recommendations of the city and state a-bike workgroups. 7 Updated November 10,2026 CODE AMENDMENTS 10.Deferred Retirement Option Plan for Public Safety Employees Background: This proposal would modernize the Commonwealth's Hazardous Duty Supplement to better support the retention of experienced firefighters and law enforcement officers. The existing supplement was designed as a bridge to Social Security for public safety employees who retire before reaching Social Security eligibility. However, because employees permanently forfeit the supplement for each year they continue working beyond eligibility, the current structure can create a significant financial incentive to retire as soon as possible — at a time when Virginia agencies are facing persistent public safety workforce shortages. The proposal would allow eligible employees who remain on the job after becoming eligible for the Hazardous Duty Supplement to have the value of that benefit credited annually to an individual investment account administered by the Virginia Retirement System (VRS). The funds would remain invested while the employee continues working and could be accessed upon retirement through a lump-sum payment, additional monthly retirement income, or continued investment under VRS rules. This would preserve the original purpose and value of the supplement while eliminating the financial penalty for employees who choose to continue serving. This approach would provide Virginia with a retention tool without creating an entirely new retirement benefit. In effect, the proposal would give employees the option of early retirement or preserving the value of continued public safety service. Request: Amend the Code of Virginia to create supplemental retirement accounts within the Virginia Retirement System which apply to qualifying firefighters and law enforcement. 8 Updated November 10,2026 CODE AMENDMENTS 11.Tourism Development Financing Program Background: The Tourism Development Financing Program (TDFP) is a state authorized program that uses sales taxes, both the state and local portions, along with a developer imposed "access fee" to support the development of tourism projects that enhance the local economy.The existing TDFP program has three tiers with minimum qualifications and tiered levels of support utilizing the state and local sales tax as the funding mechanism, ranging from 1%to 2% of the state and local sales tax depending on the tier. This proposal creates a fourth financing tier that would support the redevelopment of a tourism facility by allowing the continued use of state and local sales tax revenues,while also authorizing the use of up to 20%of state income tax revenues generated by jobs created by the new tourism facility. The current tourism inventory in Virginia Beach requires significant revitalization through redevelopment. Redevelopment often requires additional public participation to provide tourism offerings that bring enhanced product to market. Request: That the Code of Virginia be amended by adding a new section numbered §58.1-3851.4 and titled "Entitlement to Tax Revenues from a Tourism Revitalization Project" A. For purposes of this section: "Economic development authority"means a local industrial development authority or a local or regional political subdivision, the public purpose of which is to assist in economic development. "Gap financing"means debt financing to compensate for a shortfall in project funding between the expected development costs of a tourism revitalization project and the debt and equity capital provided by the developer of the project and any refinancing of a gap financing. "Gap financing" includes a developer's primary debt financing, as well as any refinancing thereof, if the entitlements to tax revenues provided under this section are pledged as collateral forsuch primary debt financing. "Tourism revitalization project"means a tourism project that meets the requirements set forth in subdivision 81 and that redevelops an existing tourism facility. Recognizing the unique challenges faced by redevelopment projects, a Tourism revitalization project may qualify as a Tourism Project of Regional Significance, pursuant to Va. Code 58.1-3851.Z or a Major Tourism Project, pursuant to Va. Code 58.1-3851.3, if such project has half of the capital investment and job creation, as applicable, set forth in such statutory definition. Such Tourism revitalization project may include 9 Updated November 10,2026 the acquisition cost of the existing tourism facility into the required capital investment. Such Tourism revitalization project shall, as determined by the Virginia Tourism Authority, support increased hotel occupancy, increase in the number of out-of-state visitors to the Commonwealth, and support such other factors of significant fiscal and economic impact. Any property, real, personal, or mixed, that is necessary or complementary,such as arenas, sporting facilities, hotels, and other tourism venues, developed in connection with any such tourism revitalization project, including facilities for food preparation and serving, parking facilities, and administrative offices, is encompassed within this definition, as is theme-related retail activity that occurs on site and directly supports the tourism mission of the project. "Tourism revitalization project" does not include,for purposes of this section, (i)general retail outlets, ancillary retail structures not directly related to the tourism purpose of the project, or other retail establishments commonly referred to as shopping centers or malls or(ii)residential condominiums, townhomes, or other residential units. B. 1. If a locality has established a tourism zone pursuant to §58.1-3851, has adopted an ordinance establishing a tourism plan as determined by guidelines set forth by the Virginia Tourism Authority, and has adopted an ordinance authorizing a tourism revitalization project to meet a deficiency identified in the adopted tourism plan approved by the Virginia Tourism Authority, and if the tourism revitalization project has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by this section and the applicable tier of Tourism Development Financing Program, including Va. Code 58.1-3851.1, 58.1-3851.2, and Va. Code 58.1-3851.3, the tourism revitalization project shall be entitled to an amount equal to the revenues generated by the relevant amount of state sales and use tax on transactions taking place on the premises of the authorized tourism revitalization project. The entitlement shall be contingent on the locality's enacting an ordinance designating certain local revenues to the project pursuant to subsection C and shall be subject to the conditions set forth in subsection D. The purpose of such entitlement shall be to assist the developer with obtaining gap financing and making payments of principal and interest thereon. 2. On a quarterly basis, the Tax Commissioner shall certify the amount of the entitled sales and use tax revenues to the Comptroller, who shall remit such revenues to the county or city in which the authorized tourism revitalization project is located. The county or city shall remit the revenues to the economic development authority or such other entity as the economic development authority shall designate. No payments herein shall be made until an agreement exists between the developer of the authorized tourism revitalization project and the economic development authority. The entitlement shall continue until the gap financing is paid in full or for the length of time specified in the agreement between the developer and the economic development authority, but in no event shall the entitlement extend beyond 20 years from the date of the accrual of the initial entitlement. Entitled sales and use tax revenues shall be applied solely to payments of principal and interest on the qualified gap financing. 3. The state sales and use tax entitlement established in subdivision 1 shall not include any (i) sales and use tax revenues dedicated pursuant to §58.1-638 or 58.1-638.1 or (ii) revenues 10 Updated November 10,2026 generated pursuant to Chapter 766 of the Acts of Assembly of 2013, the additional state sales and use tax in certain counties and cities assessed pursuant to subsection B of§58.1-603.1 and subsection B of§58.1-604.01; or the additional state sales and use tax in certain counties and cities of historic significance imposed under§58.1-603.2. C. If a locality has adopted the ordinances required by subdivision B 1 to entitle an authorized tourism revitalization project to an amount equal to tax revenues authorized by this section and the applicable tier of Tourism Development Financing Program, including Va. Code 58.1-3851.1, 58.1-3851.2, and Va. Code 58.1-3851.3, on transactions taking place on the premises of the authorized tourism revitalization project, or subsequently acquired premises for the tourism revitalization project, the local governing body of the county or city in which the authorized tourism revitalization project is located shall also direct by ordinance that an amount of local revenues,from any authorized source of revenues available to the locality, equal to tax revenues authorized by this section and the applicable tier of Tourism Development Financing Program, including Va. Code 58.1-3851.1, 58.1-3851.2, and Va. Code 58.1-3851.3, by transactions taking place on the premises of the authorized tourism revitalization project, or subsequently acquired premises for the authorized tourism revitalization project, shall be applied to the payment of principal and interest on the qualified gap financing. Such revenues shall be remitted in the some manner, for the some time period, and under the some conditions as the remittances paid in accordance with subsection B, mutatis mutandis. D. Prior to any entitlement to tax revenues for a tourism revitalization project pursuant to subsections B and C, the owner of such project shall have a minimum of 70 percent of funding for the project in place through debt or equity, enter into a performance agreement with the economic development authority or political subdivision, and enter into an agreement to pay an access fee. The access fee shall be equivalent to the state sales and use tax revenue generated by and returned to the project pursuant to subdivision B 1 and shall be collected by the locality and remitted to the economic development authority or such other entity as the economic development authority shall designate on a quarterly basis. The access fee and the state and local contributions pursuant to this section shall be used solely to make payments of principal and interest on the qualified gap financing. E. In addition to the sales tax portion provided pursuant to subdivision B 1, for an approved tourism revitalization project the Commonwealth may authorize an additional revenue stream for payments of principal and interest on the qualified gap financing in an amount equal to 20% of the income tax generated by the owner and/or operator of the tourism revitalization project. Such payments are to be made in the some manner and for the same duration as quarterly payments authorized in subdivision B 2 in the first quarter after the owner and/or operator files its state income taxes. F. In the event that the total amount of state and local contributions pursuant to this section and the access fee exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. 11 Updated November 10,2026 G. Neither the Commonwealth nor any political subdivision of the Commonwealth shall incur any debt under this section. Nothing in this section shall be construed as authorizing the pledging of the faith and credit of the Commonwealth, or any of its revenues, or the faith and credit of any other political subdivision of the Commonwealth, or any of its revenues,for the payment of any debt or debt financing, or meeting any contractual obligation incurred by the owner or developer of any authorized tourism revitalization project. H.A tourism revitalization project that is entitled to and receives revenues pursuant to this section shall not be eligible to receive revenues pursuant to§58.1-608.3, 58.1-3851.1, or 58.1-3851.2. 12 Updated November 10,2026 CODE AMENDMENTS 12.Community Safety Zones Background: The way people gather has changed, and local governments need the tools to keep pace. Social media platforms can bring hundreds or thousands of people together in a matter of hours, often with little notice and without a clearly identified organizer or established plan for public safety. When these gatherings occur, the resulting demands on law enforcement, emergency services, transportation, businesses,and residents can be substantial. Events in Virginia Beach during 2026 demonstrated the consequences when these gatherings escalate into violence. These events are not an indictment of legitimate community events, car shows, or other organized gatherings. Rather, they demonstrate the need for local governments to have the appropriate tools to respond. Several jurisdictions, including Maryland, Florida, and the District of Columbia, have enacted legislation that allows localities to establish special event zones with the authority to impose temporary curfews under defined circumstances, establish occupancy and access restrictions, increase penalties for certain traffic and public safety violations, and recover extraordinary public-service costs associated with large gatherings. Request: The City of Virginia Beach requests that the General Assembly provide the authority for a locality to create community safety zones when large-scale unpermitted events present a potential risk to public health, safety, or welfare. 13 Updated November 10,2026 CODE AMENDMENTS 13.Possession of Firearms While Intoxicated Background: Responsible gun ownership and community safety are core priorities in discussions around firearm regulations. Under current Virginia law, code § 18.2-308.012 makes it a Class 1 misdemeanor for concealed handgun permit holders to carry a concealed handgun while under the influence of alcohol or illegal drugs in a public place. Because of how the law is strictly worded around "concealed carry', it does not create a blanket prohibition against carrying a firearm while intoxicated. Request: Amend Virginia law to prohibit any person from carrying or possessing a firearm in a public place while under the influence of alcohol or illegal drugs, rather than limiting the prohibition to individuals carrying a concealed handgun. 14 Updated November 10,2026 CODE AMENDMENTS 14.lncrease the Representation of Law Enforcement on the Forensic Science Board Background: Amend Virginia Code § 9.1-1109 to expand law enforcement representation on the Forensic Science Board, including forensic science practitioners from state, local, and university law enforcement agencies with diverse agency sizes, capabilities, and accreditation statuses. Broader representation would ensure the Board considers the operational needs of agencies seeking to develop or maintain forensic capabilities, while supporting appropriate accreditation and quality assurance standards and helping address growing forensic evidence backlogs at the Department of Forensic Science. Request: Amend Virginia Code §9.1-1109(12)to expand law enforcement representation on the Forensic Science Board from one representative to three representatives based on population. 15 Updated November 10,2026 CODE AMENDMENT 15.Extend the Court-Ordered Timeframe for Temporary Adult Protective Services Background: This proposal would amend Virginia Code §63.2-1609 to extend the duration of emergency temporary guardianship and conservatorship orders used by Adult Protective Services(APS)from the current 15-day period, with one possible five-day extension, to a single 90-day period. APS units across Virginia are experiencing increasing numbers of complex and emergency cases involving adult abuse, neglect, and financial exploitation. In Virginia Beach alone, APS received 1,759 valid reports during FY 2025-2026, including approximately 160 requiring an emergency response. The current timeframe is often insufficient to protect vulnerable adults and address their immediate needs. Temporary guardians and conservators may need to secure bank accounts, access Social Security or Medicaid benefits, obtain medical records, arrange emergency medical care or housing, and gather information necessary to determine the appropriate long-term protective arrangement. These processes frequently cannot be completed within the current statutory timeframe, leaving victims vulnerable and forcing APS to seek extensions through already overburdened courts. Extending the temporary order to 90 days would provide APS and appointed guardians and conservators the necessary time to stabilize the victim, protect their assets, and gather information needed to determine appropriate long-term services or guardianship. The change would also reduce the need for repeated emergency court proceedings and give community partners, including financial institutions and medical providers, adequate time to respond to requests. Because the statute already permits a court to terminate or modify an order before the 90-day period expires, the proposal would maintain appropriate judicial oversight and due process protections while providing APS with a more effective tool to protect vulnerable adults from abuse, neglect, and financial exploitation. Request: Amend Virginia Code § 63.2-1609 (13)(3) as follows: 3.Adult protective services may be provided through an appropriate court order only for a period of 4-5 90 calendar days. emeFgeRG�- 16 Updated November 10,2026 CODE AMENDMENT 16.Update Authority Related to Animal Cruelty Registries Background: The Code of Virginia § 3.2-6573.1 authorizes localities to establish, organize, and maintain a computerized animal cruelty registry as a database of information regarding persons convicted of a felony violation of (i) cruelty to animals as provided by § 3.2-6570; (ii) animal fighting as provided by § 3.2-6571; (iii) maiming, killing, or poisoning an animal as provided by § 18.2-144; or(iv) killing or injuring a police animal as provided by§ 18.2-144.1. The proposal would allow localities to expand on this authority to also include individuals who have been convicted of misdemeanor animal cruelty offenses and individuals who are barred by the court from possessing companion animals. Request: Amend the Code of Virginia to allow for individuals who have been convicted of misdemeanor animal cruelty offenses and individuals who are barred by the court from possessing companion animals to be included on locally maintained animal cruelty registries. 17 Updated November 10,2026 CODE AMENDMENT 17. Increase the Penalty for Prostitution Near a Massage Parlor Background: Illicit massage businesses, commonly referred to as IMBs, are known venues for sex trafficking and human trafficking. Currently, convictions for prostitution and solicitation of prostitution are Class 1 misdemeanors, unless a minor is involved. Numerous independent organizations, Virginia State Police, Homeland Security Investigations, and local police have extensive documented cases to show that IMBs are a venue for commercial sex trafficking, that demand for prostitution services fuels the continued operation of said businesses, and that enhanced penalties are necessary to deter participation in the crimes. Often, victims are afraid of reporting themselves as victims or are manipulated into non- cooperation by controlling parties, thus making prosecution difficult without a cooperating victim. Due to its demonstrated connection to commercial sex trafficking, human trafficking, and organized criminal enterprises, the prostitution code should be amended to provide for enhanced penalties when the crime is committed within 100 yards of a massage parlor. Request: Amend §§18.2-346 & 18.2-346.01 to include that any person who solicits prostitution at, or engages in prostitution within, or in connection with a massage establishment shall be guilty of a Class 6 felony. 18 Updated November 10,2026 CODE AMENDMENT 18.Expand the Circumstances When a Court Can Temporarily Prohibit Disclosure of Subpoenas, Search Warrants, and Disclosure Orders Background: This proposal would amend Virginia Code § 19.2-70.3(L) to expand the circumstances under which a court can temporarily prohibit disclosure of subpoenas, search warrants, and disclosure orders. It would create two independent grounds for a 90-day nondisclosure order: minor-victim status alone, and a demonstrated risk of harm to an investigation—such as danger to safety, flight, destruction of evidence, witness intimidation, or jeopardizing the investigation— regardless of the victim's age. The change would strengthen protections for minor victims while giving law enforcement an additional investigative tool in cases involving adults, including gang, narcotics, human trafficking, and organized crime investigations. Request: Amend Virginia Code section § 19.2-70.3(L)to expand the circumstances under which a court can temporarily prohibit disclosure of subpoenas, search warrants, and disclosure orders. 19 Updated November 10,2026 CHARTER AMENDMENT 19. Protecting the Blue Line Background: In 1979, the City of Virginia Beach established a growth boundary, known as the Green Line, to both safeguard rural and agricultural property and limit local spending. The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts, with residential zones north and agricultural ones south. The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location.The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004, the City's Public Utilities Department introduced the Blue Line as an urban services boundary, which established a hard stop for further southernly expansion of City water and sewer services. While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan,the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council to rezone property south of the Blue Line to a higher density or a more intense zoning district. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (a) As used in this section,the "blue line" shall be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No application to rezone property to a higher density or a more intense zoning district south of the blue line shall be approved except by a recorded affirmative vote of three- fourths of all of the members elected to the City Council. (c) No extension of public water and sanitary sewer ("public system") shall extend south of the blue line absent a public hearing conducted pursuant to Virginia Code 15.2-1427 and a finding by the City Council that: 20 Updated November 10,2026 i. There is adequate capacity in the public system at the point of connection to accommodate the additional flow; ii. In the written opinion of the Virginia Department of Health, the existing on-site utilities are failing, or likely to fail, and there are no alternatives that would be approved and permitted by the Virginia Department of Health; iii. The principal use of the property served by the existing on-site utilities is not changed; and iv. The extension is to serve (a) an existing development, (b) the reconstruction or expansion of an existing commercial development consistent with its zoning resulting in a total floor area no greater than double that of the development prior to the expansion or(c)the reconstruction or expansion of an existing residence by no more than 10% of existing floor area or residential development where no additional dwelling units are constructed. 21 Updated November 10,2026 REQUESTED BUT DEFERRED Due to the constraints of the upcoming 46-day short session and the need to prioritize the City's highest-impact legislative proposals, several items requested by departments were not carried forward for City Council consideration at this time. While this proposal address legitimate operational and policy needs, the limited timeframe of the short session necessitated a focus on items with the most immediate implications for City services,funding, and regulatory authority. CODE AMENDMENT: Condominium Review Authority Background: This proposal would allow localities to ensure accessory dwelling units and other accessory structures remain under common ownership with the primary residence, preventing the ability to circumvent zoning requirements. Currently, the Code of Virginia governing condominium instruments does not allow for proper oversight and approval. This legislation would provide local governments with a mechanism to enforce the single- ownership requirements established under Virginia's recently adopted ADU legislation. Request: Amend Virginia Code § 55.1-1905 (A) to provide localities with clear authority to review condominium instruments for zoning compliance before they are recorded. A. No zoning or other land use ordinance shall prohibit condominiums solely on the basis of the form of ownership, nor shall any condominium be treated differently by any zoning or other land use ordinance that would permit a physically identical project or development under a different form of ownership. Except as provided in subsection E, no local government may require further review or approval to record condominium instruments when a property complies with subdivision, site plan, zoning, or other applicable land use regulations. 22 Updated November 10,2026 P-WN- W- City Manager's Office 757-385-4242 1 govaffairs@vbgov.com Municipal Center Bldg 1 2401 Courthouse Drive I Virginia Beach,VA 23456 Virginia Beach.gov .1 I'1�•,L) z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Request the General Assembly Add Section 2.03 to the City Charter to Protect the Blue Line PUBLIC HEARING: November 10, 2026 MEETING DATE: November 17, 2026 ■ Background: The City Council is authorized to request the General Assembly amend the City Charter. Prior to making such request the City Council is required to either undertake a referendum election or hold a public hearing. For the following request, the City has elected to hold a public hearing. This proposed amendment will define the "blue line" and subject any rezoning of property to a higher density or a more intense zoning district south of the blue line to a super- majority 3/4 affirmative vote. Exhibit A, attached hereto, provides the proposed text of the requested Section 2.03. The "blue line" runs along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. The City Council believes that enacting the proposed charter request is a statement of the Council's commitment to preserving the rural character of the southern part of the City. ■ Considerations: The City Council adopted a policy on September 19, 2023, that imposes a vote requirement of three-fourths of the members of the City Council for adoption of a request for the General Assembly to amend the City Charter. ■ Public Information: A public hearing will be held on November 10, 2026. The City Council previously held a public comment on the Legislative Agenda, including this item on October 20, 2026. ■ Attachments: Resolution, Exhibit A Requested by Mayor Dyer and Vice Mayor Wilson. REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 ADD SECTION 2.03 TO THE CITY CHARTER TO REQUIRE 3 A SUPER-MAJORITY VOTE TO REZONE PROPERTY TO A 4 HIGHER DENSITY OR A MORE INTENSE ZONING 5 DISTRICT SOUTH OF THE BLUE LINE AND TO REQUIRE 6 A PUBLIC HEARING AND FINDINGS PRIOR TO 7 EXTENDING WATER AND SEWER UTILITIES SOUTH OF 8 THE BLUE LINE 9 10 WHEREAS, after due advertisement, the City Council conducted a public hearing 11 on the proposed Charter Amendment at its November 10, 2026; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 The City Council hereby requests the General Assembly add Section 2.03 to the 17 City Charter to increase the vote threshold to rezone property to a higher density or a 18 more intense zoning district south of the Blue Line and to require a public hearing and 19 findings prior to extending water and sewer utilities south of the Blue Line. The attached 20 Exhibit A, which is incorporated herein, provides the requested text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: `f-r*At ey's O ice CA17335 R-1 October 28, 2026 i. There is adequate capacity in the public system at the point of connection to accommodate the additional flow; ii. In the written opinion of the Virginia Department of Health,the existing on-site utilities are failing, or likely to fail, and there are no alternatives that would be approved and permitted by the Virginia Department of Health; iii. The principal use of the property served by the existing on-site utilities is not changed; and iv. The extension is to serve (a) an existing development, (b) the reconstruction or expansion of an existing commercial development consistent with its zoning resulting in a total floor area no greater than double that of the development prior to the expansion or (c) the reconstruction or expansion of an existing residence by no more than 10%of existing floor area or residential development where no additional dwelling units are constructed. u 4 s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Manager to Close a Section of Twin Mills Road Located Between London Bridge Road and Lava Beach Lane to Vehicular Traffic MEETING DATE: November 17, 2026 ■ Background: Twin Mills Road was created to support an Amazon fulfillment center in Virginia Beach. Use of Twin Mills Road between London Bridge Road and Lava Beach Lane was intended as an alternative entrance to the center in the event access from Dam Neck Road is unavailable. Residents in the neighborhood surrounding Twin Mills Road are experiencing quality of life issues due to trucks idling during the night and parking on the sidewalks, and increased trash and debris in the neighborhood. The City has taken steps to address neighborhood concerns, including installing signage prohibiting parking and conducting monitoring and enforcement. Despite the City's efforts, problems persist with vehicular traffic on the section of Twin Mills Road between London Bridge Road and Lava Beach Lane ■ Considerations: The public interest and the quality of life of residents adjacent to Twin Mills Road will best be served by closing the section of Twin Mills Road between London Bridge Road and Lava Beach Lane to vehicular traffic. Bikes and pedestrians will be permitted to use the section of Twin Mills Road closed to vehicular traffic. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi, Cummings, Ross-Hammond, and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, CUMMINGS, ROSS-HAMMOND, AND SCHULMAN 1 A RESOLUTION DIRECTING THE CITY MANAGER 2 TO CLOSE A SECTION OF TWIN MILLS ROAD 3 LOCATED BETWEEN LONDON BRIDGE ROAD AND 4 LAVA BEACH LANE TO VEHICULAR TRAFFIC 5 6 WHEREAS, Twin Mills Road was created to support an Amazon fulfillment center 7 in Virginia Beach; and 8 9 WHEREAS, use of Twin Mills Road between London Bridge Road and Lava 10 Beach Lane was intended as an alternative entrance to the center in the event access 11 from Dam Neck Road is unavailable; and 12 13 WHEREAS, residents in the neighborhood surrounding Twin Mills Road are 14 experiencing quality of life issues due to trucks idling during the night and parking on the 15 sidewalks, and increased trash and debris in the neighborhood; and 16 17 WHEREAS, the City has taken steps to address neighborhood concerns, including 18 installing signage prohibiting parking and conducting monitoring and enforcement, and 19 20 WHEREAS, despite the City's efforts, problems persist with vehicular traffic on the 21 section of Twin Mills Road between London Bridge Road and Lava Beach Lane; and 22 23 WHEREAS, City Council has determined that the public interest and the quality of 24 life of residents adjacent to Twin Mills Road will best be served by closing the section of 25 Twin Mills Road between London Bridge Road and Lava Beach Lane to vehicular traffic. 26 27 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia 28 Beach, Virginia: 29 30 That the City Manager is directed to close the section of Twin Mills Road between 31 London Bridge Road and Lava Beach Lane to vehicular traffic. Bikes and pedestrians are 32 permitted to use the section of Twin Mills Road closed to vehicular traffic. The City 33 Manager is authorized to use available funds in the General Fund Reserve for 34 Contingencies to undertake the work necessary to implement this resolution. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Off CA17342/R-1/November 6, 2026 's � F J pJ •+M1^r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add § 5-502 to the City Code Pertaining to an Animal Cruelty Registry MEETING DATE: November 17, 2026 ■ Background: Virginia Code § 3.2-6573.1 authorizes localities to establish a database of information containing identifying information of persons convicted of certain felony offenses related to animals. Earlier this year, Chesapeake became the first locality in the Hampton Roads area to implement an animal cruelty registry. ■ Considerations: Creation of this registry will allow the public to have easy and quick access to information about individuals convicted of offenses against animals. Animal adoption agencies can use the information in this registry to verify that potential adopters have not been convicted of certain offenses against animals that may disqualify such individual from adopting an animal. City staff believes the registry can be created using existing resources in the Animal Services Division of the Police Department. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt the attached ordinance ■ Attachments: Ordinance; Virginia Code § 3.2-6573.1 Requested by Mayor Dyer, Vice Mayor Wilson, Councilmembers Berlucchi, Cummings, Henley, Remick, and Ross-Hammond REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, CUMMINGS, HENLEY, REMICK, AND ROSS-HAMMOND 1 AN ORDINANCE TO ADD SECTION 5-502 TO 2 THE CITY CODE PERTAINING TO AN 3 ANIMAL CRUELTY REGISTRY 4 5 SECTION ADDED: 5-502 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 5-502 is hereby added to the Code of the City of Virginia Beach, 11 Viriginia, to read as follows: 12 13 Sec. 5-502 Animal cruelty registry. 14 15 (a) There is hereby established an animal cruelty registry pursuant to Virginia Code 16 §_3.2-6573.1. Such registry shall be available to the public through the City's 17 website. 18 The registry shall contain information regardinq persons convicted or 19 adjudicated to the maximum extent permitted by Virginia Code § 3.2-6573.1 20 as amended. 21 (c) The registry shall include the following information: 22 (1) The name and address of the person convicted of a qualifying offense at 23 the time of the conviction; 24 (2) The qualifying offense; 25 (3) The date of conviction of the qualifVing offense. 26 (d) The city manager shall provide for a process for the removal of records 27 regarding persons who are deceased, whose convictions have been reversed 28 or who have been pardoned, or who have requested removal pursuant to 29 Subsection B of Virginia Code 3.2-6573.1. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2026. APPROVED AS TO LEGAL SUFFICIENCY: A(M City Attorney's Office CA17341 R-1 November 4, 2026 §3.2-6573.1.Local animal cruelty registries,VA ST§3.2-6573.1 West's Annotated Code of Virginia Title 3.2.Agriculture,Animal Care,and Food(Refs&Annos) Subtitle V.Domestic Animals Chapter 65.Comprehensive Animal Care(Refs&Annos) Article 9.Cruelty to Animals(Refs&Annos) VA Code Ann. § 3.2-6573.1 §3.2-6573.1.Local animal cruelty registries Effective:July 1,2024 Currentness A. Any locality may establish, organize, and maintain a computerized animal cruelty registry as a database of information regarding persons convicted of a felony violation of(i)cruelty to animals as provided by § 3.2-6570; (ii) animal fighting as provided by§ 3.2-6571;(iii)maiming,killing,or poisoning an animal as provided by§ 18.2-144;or(iv)killing or injuring a police animal as provided by§ 18.2-144.1.Information on such registry may include the name and address of the offender at the time of conviction as well as the offense for which the offender was convicted and the date and place of conviction.Access to such registry may be made available to the public on the website of the locality or local police department. B.On a form promulgated by a locality or local police department,a person may request removal of his name and information from a registry established in subsection A not less than 15 years after the violation that warranted inclusion in the registry, provided he has no additional felony convictions of an offense listed in subsection A. C. A locality that has established a registry pursuant to subsection A may adopt ordinances and develop forms to implement the provisions of this section,including the operation and maintenance of a registry and the removal of records on persons who are deceased,whose convictions have been reversed or who have been pardoned,or who have requested removal pursuant to subsection B. D.All costs to establish, organize, and maintain a locality's animal cruelty registry pursuant to this section shall be borne by such locality. Credits Added by Acts 2024,c. 712;Acts 2024,c.758. VA Code Ann. § 3.2-6573.1,VA ST§3.2-6573.1 The statutes and Constitution are current through the 2026 Regular Session and 2026 Special Session I. End of Document ©2026 Thomson Reuters.No claim to original U.S.Govemment Works. WESTLAW O 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 C s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 5-530 and 5-533 of the City Code Pertaining to Animals MEETING DATE: November 17, 2026 ■ Background: The Virginia Beach Police Department Animal Services Bureau ("ASB") receives numerous calls for service for dogs running at large in the City. In 2025, the ASB received 2,672 calls for service for animals running at large, with 1,651 calls specifically for dogs. In 2026, until October 29, 2026, the ASB received 3,468 calls for service for animals running at large with a majority of those calls being for dogs. The proposed ordinance will aid the ASB in reducing the number of such calls, address persistent violations, and allow it to redirect some of its resources to other services. While public education remains a critical component of responsible pet ownership, additional enforcement measures are needed to address persistent violations. ■ Considerations: The proposed amendments will increase the enforcement capabilities of the ASB. Mandatory microchipping will help the ASB quickly identify dogs, establish clear ownership, and facilitate their return when possible. Mandatory spay and neuter requirements will help reduce unwanted litters and limit the potential for roaming dogs to contribute to continued animal population growth. Making ownership of a nuisance animal a criminal offense punishable as a class 1 misdemeanor will allow the ASB to address recurring issues more effectively when multiple dogs belonging to the same owner repeatedly leave a property and will hold owners accountable for repeated violations. These amendments are intended to better equip the ASB to respond consistently, promote responsible pet ownership, and protect the health, safety, and quality of life of the City's residents and pets. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:/r 1 AN ORDINANCE TO AMEND SECTIONS 5-530 2 AND 5-533 TO THE CITY CODE PERTAINING 3 TO ANIMALS 4 5 SECTIONS AMENDED: 5-530 AND 5-533 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Sections 5-530 and 5-533 of the Code of the City of Virginia Beach, Virginia 11 be amended to read as follows: 12 13 Sec. 5-530. Dogs or cats running at large. 14 15 (a) Any person owning, keeping or harboring any dog er sat within the city that is found 16 running at large shall be guilty of a class 4 misdemeanor for the first offense in any 17 twelve-month period. If the owner is found guilty of a first offense the doq found to 18 be running at large shall be microchipped if it is not already. A second offense in 19 any twelve-month period shall be punishable as a class 3 misdemeanor. A third 20 offense in any twelve-month period shall be punishable as a class 2 misdemeanor 21 and the dog found to be running at large for a third time in any twelve-month period 22 shall be spayed or neutered if the dog is not already spayed or neutered. A fourth 23 offense in any twelve-month period shall be deemed a nuisance under City Code 24 section 5-533 and be punishable as a class 1 misdemeanor. For the purposes of 25 the section, a dog shall be deemed to run at large while roaming, running or self 26 hunting off the property of its owner or custodian. 27 (b) It shall be the responsibility of any person owning, keeping or harboring any dog 28 or sat within the city to keep such dog or cat confined to the premises of such 29 person. The words"confined to the premises"shall be construed to mean that such 30 dog or sat shall be kept on the owner's or custodian's premises, unless in the 31 custody of a responsible person. 32 (c) This section shall not apply where the owner, custodian or trainer has released a 33 dog for the express purpose of hunting game in an area zoned agricultural, where 34 it is lawful to hunt, or competing in field trials or training, and such dog becomes 35 temporarily out of control of such owner, custodian or trainer or is returning to the 36 place of release after the hunt or chase. If such dog is observed violating any other 37 section of this Code, or committing an unlawful act under state law, it shall become 38 subject to impoundment; and the owner, custodian or trainer shall be liable for all 39 fines as prescribed by law. 40 41 . . . . 42 43 Sec. 5-533. Nuisance animals generally. 44 45 (a) No owner shall fail to exercise proper care and control of his animals to prevent 46 them from becoming a public nuisance. Molesting a passerby, attacking without 47 seriously injuring any person without provocation on two (2) or more occasions, 48 chasing vehicles, habitually attacking but not seriously injuring other domestic 49 animals, trespassing upon school grounds, or trespassing upon private property in 50 such manner as to damage property shall be deemed a nuisance. Three (3) or 51 more violations of City Code sections 5-539 ar-5-532 in any twelve-month period 52 shall also be deemed a nuisance. Four (4) or more violations of City Code section 53 5-530 in any twelve-month period shall also be deemed a nuisance. 54 (b) Any person owning or having in his possession or under his control any animal 55 constituting a nuisance shall be summoned before the general district court of the 56 city to show cause why such animal should not be confined, disposed of or 57 removed or the nuisance otherwise abated and, upon proof that the animal 58 constitutes a public nuisance, the animal in question shall, by order of the general 59 district court of the city, either be confined, removed from the city, or the nuisance 60 activity otherwise abated as such court shall order. It shall be unlawful and shall 61 constitute contempt of court for any person to harbor or conceal any animal which 62 has been ordered disposed of or removed by the general district court, or to fail to 63 confine or restrain an animal when such an order has been entered by the court. 64 (c) Any person who owns any dog, cat or other animal that has been adjudged a 65 nuisance pursuant to this section by the general district court and who appeals that 66 decision to the circuit court shall be responsible for the fees connected with the 67 impounding of the animal by the bureau of animal control. If on appeal the circuit 68 court determines that the dog, cat or other animal is not a nuisance, no such fees 69 for the impounding of the animal shall be imposed. 70 (d) Any person owning or having in his possession or under his control any animal 71 found by court to be a nuisance shall be guilty of a class 1 misdemeanor. 72 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12026. OVEV AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City Attorne s Office CA17333 R-1 October 21, 2026 w 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Deed of Release and Exchange Pertaining to an Agricultural Lands Preservation Easement Located on Property of Violet Rae Jensen MEETING DATE: NOVEMBER 17, 2026 ■ Background: On June 13, 2001, Mildred C. Furlough ("Furlough"), the owner of two parcels of land located on Indian Creek Road (the "Property"), placed both parcels in the City's Agricultural Reserve Program ("ARP"). The ARP encumbers property with an easement restricting development of the property (the "Preservation Easement"). As part of the transaction, Furlough reserved two 3-acre building sites for future development ("Easement Exception Site 1" and "Easement Exception Site 2, respectively). In 2002, Furlough requested to relocate Easement Exception Site 1 and on March 12, 2002, by Ordinance ORD-2687A, City Council authorized the relocation of Easement Exception Site 1 in exchange for the Preservation Easement to be placed on the former location of Easement Exception Site 1. In 2003, the Property was subdivided into Parcel A, and Residual Parcel (the "Residual Parcel"). The Residual Parcel is subject to the Preservation Easement and Parcel A is relocated Easement Exception Site 1. Furlough died on June 2, 2006 and devised the Residual Parcel to her daughters, Lois F. Keenan ("Keenan") and Violet Rae Jensen ("Jensen"). In 2008, Keenan and Jensen conveyed the Residual Parcel to Jensen. Jensen now desires that the City release a portion of the Residual Parcel from the Preservation Easement, which is shown on Exhibit A attached to the Ordinance as "Proposed Easement Exception Site 2-A Area = Approximately 133,958 Sq. Ft./ 3.075 Ac." (hereafter, "New Development Site"). In exchange for releasing a portion of the Residual Parcel from the Preservation Easement, Jensen desires to encumber Easement Exception Site 2 with the Preservation Easement, which is shown as the hatched area on Exhibit A attached to the Ordinance as "Easement Exception Site 2 (D.B. 4438, P. 989) Corrected by (Inst. #20061214001861760) Area = 130,687 Sq. Ft./3.00 Ac. Easement Exception Site to be Released" (hereafter "Existing Development Site"). ■ Considerations: The appraiser who appraises the properties eligible for ARP purchases has stated by letter dated April 16, 2026 that there is no difference in the market value of the building sites proposed to be exchanged. Jensen has been advised that she will need to comply with all requirements of the City's zoning and subdivision ordinances prior to beginning construction on the New Development Site. Section 11 of the Agricultural Lands Preservation Ordinance (ORD-95-2319) expressly allows exchanges of the type sought by Jensen, and states that the City Council shall allow such exchanges under certain conditions. Those conditions are as follows: (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. The proposed ordinance authorizes and directs the City Manager to execute a Deed of Release and Exchange pursuant to which the Existing Development Site is exchanged for the New Development Site. Such direction is subject to the City Attorney's determination that there are no defects in title to the property to be restricted by the ARP easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests. ■ Public Information: No advertising is required. ■ Alternatives: The City Council may deny the proposed exchange if it finds that the requirements specified above have not been met. ■ Recommendations: Adoption of the ordinance allowing the exchange of reserved site. ■ Attachments: Ordinance, Exhibit, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Agriculture Department City Manager:141)Q 1 AN ORDINANCE AUTHORIZING AND 2 DIRECTING THE CITY MANAGER TO 3 EXECUTE A DEED OF RELEASE AND 4 EXCHANGE PERTAINING TO AN 5 AGRICULTURAL LANDS PRESERVATION 6 EASEMENT LOCATED ON PROPERTY OF 7 VIOLET RAE JENSEN 8 9 WHEREAS, on June 13, 2001, the City of Virginia Beach (the"City")and Mildred C. 10 Furlough ("Furlough") entered into Installment Purchase Agreement Number 2000-28, 11 whereby the City acquired an Agricultural Lands Preservation Easement(the"Preservation 12 Easement") on property owned by Furlough (the "Property"); 13 14 WHEREAS, as part of the aforesaid transaction, Furlough reserved two portions of 15 the Property, each consisting of 3.0 acres, more or less,for future development sites(each 16 an "Easement Exception Site"),which are not encumbered by the Preservation Easement; 17 18 WHEREAS, in 2003, the Property was subdivided into Parcel A and Residual 19 Parcel; 20 21 WHEREAS, Parcel A was an Easement Exception Site, and Residual Parcel was 22 encumbered by the Preservation Easement; 23 24 WHEREAS, Furlough died on June 2, 2006 and the Residual Parcel was devised to 25 her daughters, Lois F. Keenan ("Keenan") and Violet Rae Jensen ("Jensen"); 26 27 WHEREAS, in 2008, Keenan and Jensen conveyed the Residual Parcel to Jensen; 28 29 WHEREAS, Jensen desires that the City release a portion of the Residual Parcel, 30 consisting of approximately three (3) acres, from the Preservation Easement (the 31 "Relocated Easement Exception Site"); 32 33 WHEREAS, in exchange for releasing the Relocated Easement Exception Site from 34 the Preservation Easement, Jensen desires to encumber the remaining Easement 35 Exception Site with the Preservation Easement; 36 37 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation 38 Ordinance (hereinafter "Ordinance"), a landowner may petition the City Council for the 39 extinguishment of a Preservation Easement in exchange for the conveyance to the City of 40 a Preservation Easement on a different portion of the landowner's property, under certain 41 conditions set forth in the Ordinance; 42 43 WHEREAS, the Ordinance provides that the City Council shall approve such an 44 exchange if it makes certain findings enumerated in the Ordinance; and 45 WHEREAS, the City Council does hereby make such findings, to-wit: 46 47 (1) the acquisition of the proposed Preservation Easement in lieu of the existing 48 Preservation Easement does not adversely affect the City's interests in accomplishing the 49 purposes of the Ordinance; 50 51 (2) the proposed Preservation Easement areas meet all of the eligibility 52 requirements set forth in Section 7 of the Ordinance; 53 54 (3) the land to be encumbered by the proposed Preservation Easement is of at 55 least equal fair market value, is of greater value as permanent open space, and of as 56 nearly as feasible equivalent usefulness and location for use as permanent open-space 57 land as the property on which the existing Preservation Easement is located; and 58 59 (4) the consideration for the acquisition of the new Preservation Easement 60 consists solely of the extinguishment of the existing Preservation Easement. 61 62 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 63 OF VIRGINIA BEACH: 64 65 That subject to the determination of the City Attorney that there are no defects in 66 title to the property to be restricted by the Preservation Easement or other restrictions or 67 encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the 68 City's interests, the City Manager is hereby authorized and directed to execute a Deed of 69 Release and Exchange pursuant to which the City releases the existing Preservation 70 Easement on a portion of the Residual Parcel, as shown on Exhibit A, attached hereto and 71 incorporated herein, as "Proposed Easement Exception Site 2-A", and acquires, in 72 exchange therefore, land equal in area to be restricted by the Preservation Easement, as 73 shown on Exhibit A as "Easement Exception Site to be Released". 74 75 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day 76 of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Dept. of Agriculture City Attorney CA17192 R-1 November 4, 2026 EXHIBIT n OF 11j w gUFF)NG-TON, G10N BUFFIN 11.88' Ot.tN PIN(F �0Q �p` ES ��NSE OOOi779) Ci{�FZ #20040106 A �r 00 (INST P ARC 523.12 l000g85s) Q „s� INST.#2003012 10 �• ( GPiN:1398-1166 632.5`' PIN(F) Q 97.5`' S82°44'35'E O PIN(S) D U z pROP01 11 TION 9 N1 EX CEP EASE��SITE 2-A SO FT.13 075 AC. mPPROXtMATEL 58 11.06' AREA-A n N 540.20' NO OO G h' '\N N 381.245.767 0 ILO4' N82°56115 E 12,191,714.919 70 O LP m N.G'Y� PIN(S) N 3 381 312.178 E 12,191,178.815 N PROPERTY OF 1. T VIOLET RAE JENSEN THIS EXHIBIT PLAT ODES NOT 7 O�� CONSTITUTE A SUBDIVISION OF LAND, (INST.#2008080500921500) o y S 2. THIS EXHIBIT PLAT WAS PREPARED BY RESIDUE PARCEL 134.196±AC. ri J J COMBINATION OF FIELD SURVEYS AND c� Q RECORDED DOCUMENTS. (INST.#200301210008856) ~O 3. THIS EXHIBIT PLAT IS NOT INTENOEDTO GPIN: 1398-01-8726 SHOW ALL UTILITY AND/OR DRAINAGE EASEMENTS AFFECTING THIS PROPERTY. Q 4. THIS EXHIBIT PLAT WAS PREPARED WITHOUT THE BENEFIT OFATITLE REPORT AND MAY OR MAY NOT SHOW 0 ALL MATTERS OF TITLE AFFECTING Q = (L PROPERTY SHOWN HEREON. at 0 S. THE MERIDIAN SOURCE OF THIS E)(HIBff _ PLAT IS BASED ON THE VIRGINIA STATE x m o PLANE COORDINATE SYSTEM,SOUTH ZONE NAD 1983/1993(HARN). COORDINATE VALUES SHOWN ARE c�g9) d CO M EXPRESSED IN U.S.SURVEY FEET. 6. THIS EXHIBR PLAT iS NOT INTENDED TO 443g Bt _ 04 SHOW ANY PHYSICAL FEATURES AND/OR CORRE TE) B t 86176a) Z p a # IMPROVEMENTS LOCATED ON THE t I;ST, yR2006 t I FT j3,OO AC �COj E- PROPERTY EXCEPT AS SHOWN. A��A_13\t},687 S\\\� A W : Z_ \\EASEMENT XE ESO14 p g o ��I,LTH OA s T TO B O 9.J /0-?v241 �CIS O D3'Z4-ZazG U JEFFREY D. WILUAAMS a Lic. No. 2045 i PIN(F) W1w O OR MENLLC �bSURN�� 755.0WB�SoUTN 120) (INST.#2020398 10 3597 GPtN: N83°020? MERLY NOW oRFOR ES EXHIBIT SHOWING MARK JON PROPOSED RELOCATED EASEMENT EXCEPTION SITE #202303025187) ON A PORTION OF PROPERTY OF (1 GpiN 1388-g0-3331 VIOLET RAE JENSEN GPIN 1398-01-8726 CURVE TABLE (INST.#20080805000921500)(INST.#200301210008856) CURVE RADIUS DELTA ARC TANGENT (M.B.143,P.44) Cl 629.34' 21°46'17 239.14' 121.03' 1 VIRGINIA BEACH,VIRGINIA CHORD CHORD BEARING SCALE:1"=100' DATE:MARCH 24 2026 237.70' S29°21'08'Wv I ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS`B-D' A DIVISION OF CONTROL POINT ASSOCIATES,INC. 333 OFFICE SQUARE LANE VIRGINLS BEACH,VIRGINIA 23462 TEL.(757)490-2300 FAX:(757)499-9136 0 50 100 200 300 FEET REVISED:04-10-2026 GRAPHIC SCALE J.O.#21-260024-00 ACAD:21-260024-00 Jenson Property Easement Exhibit.dWg Location Map for Jensen Property Proposed ARP Easement Exception Area Exchange ARP ca O ARP C ARP Approx. Proposed Easement Exception Area location Approx. Current Easement � ' .,,,,Exception Area location r The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required forall applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. APPLICANT INFORMATION Applicant Name; as listed on application 10��� Se.V1Sz Y1 Is Applicant also the Owner of the subject property? Yes No0 If no, Property Owner must complete SECTION Z:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso Noo If yes, name Representative: Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesQNoa if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary I at-affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in th subject land or any proposed development contingent on the subject public action? Yeso Nog If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ, The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity r and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing (mortgage, deeds of trust, �^�{ cross-coliateralization, etc.) Q v' Real Estate Broker/Agent/Realtor a Disclosure Statement I rev. May-2024 �� page 1 of 3 SECTION �.�.R.PLIPA14T PjSCLOSURE conffhueu.-� SERVICE YES NO SERVICE PROVIDER Name entity and or Individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor Q Engineer/Surveyor/Agent 0 Q ,)effy p w��l; f w.,A, Ao"t 5'�v,wc hfr�c;�.k�� Ud. Legal Services O APPLICANT CERTIFICATION READ.I certify that ail information contained in this Form is complete, true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name (Print) Applicant Si ature Date r 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§ 2.2-3101, 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or rrnanage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va, Code§ 2.2-3101. FOR;CIl•Y;USE QNLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Mill Lake and a City-owned 5' public drainage and utility easement, located at the rear of 2945 Wood Duck Drive MEETING DATE: November 17, 2026 ■ Background: Sea Gypsy, LLC, a Virginia limited liability company (the "Applicant"), has requested permission to encroach into a portion of City-owned property in Sandbridge known as Mill Lake (GPIN: 2433-27-3415) and into a City-owned public 5' drainage and utility easement, located at the rear of 2945 Wood Duck Drive (GPIN: 2433-23-7535). The purpose of the encroachment is to construct and maintain two vinyl return walls, a vinyl bulkhead to be no more than 2' seaward of existing bulkhead, a timber pier, and to maintain an existing timber bulkhead (the "Temporary Encroachments"). ■ Considerations: City staff reviewed the Temporary Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Mill Lake and the City-owned public 5' drainage and utility easement, which is where the Applicant has requested to encroach. This request does not qualify for administrative approval because the proposed pier has a width of 8 feet, which exceeds the allowed width for such approval. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the request or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Location Map, Pictures, and Disclosure Statement Recommended Action: Approval B Submitting Department/Agency: Public Works/Real Estatelo City Manager: 0 1 Requested by Department of Public Works 2 3 AN ORDINACE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS MILL LAKE AND 7 INTO A CITY-OWNED PUBLIC 5' 8 DRAINAGE AND UTILITY EASEMENT, 9 LOCATED AT THE REAR OF 2945 10 WOOD DUCK DRIVE 11 12 WHEREAS, Sea Gypsy, LLC, a Virginia limited liability company (the 13 "Applicant"), has requested permission to encroach into the City-owned property in 14 Sandbridge known as Mill Lake (GPIN: 2433-27-3415) and into a 5' drainage public 15 drainage and utility easement, located at the rear of 2945 Wood Duck Drive (GPIN: 2433- 16 23-7535), to construct and maintain a 10' x 1' vinyl return wall, a 10' x 1.8' vinyl return wall, 17 a 158.6'x 5' vinyl bulkhead to be no more than 2' seaward of existing bulkhead, a 16.7' x 8' 18 timber pier, and to maintain an existing 159.59' x 2.1' timber bulkhead (collectively, the 19 "Temporary Encroachments"), and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's property and easements subject to such terms and conditions as Council may 24 prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant and its assigns 31 and successors in title are authorized to maintain the Temporary Encroachments within the 32 City-owned property and easement as shown on the map entitled: "EXHIBIT 'A' - 33 ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER AND TIMBER 34 BULKHEAD, A PROPOSED TIMBER PIER AND A VINYL BULKHEAD FOR: SEA GYPSY 35 LLC 2945 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456 SANDBRIDGE SHORES 36 SOUTH, SECTION 1-B LOT 109 M.B. 103, PG. 25," Scale: 1" = 30', dated December 20, 37 2024, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as 38 Exhibit"A", and is on file in the Department of Public Works and to which reference is made 39 for a more particular description; 40 41 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 42 expressly subject to those terms, conditions and criteria contained in the agreement 43 between the City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted 44 copy of which has been presented to the Council in its agenda, and will be recorded among 45 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach, 46 47 BE IT FURTHER ORDAINED, that the City Manager or his authorized 48 designee is hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 51 such time as the Applicant and the City Manager or his authorized designee execute the 52 Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: e� .� - PUBLIC WORKS / REAL ESTATE BRIDGET L. HENZEL ASSOCIATE CITY ATTORNEY CA17198 R-2 Prepared: October 27, 2026 SEA GYPSY ENCROACHMENT EXHIBIT CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 50.00' 41.37' 40.20' S 04°53'31"E 13°00'22" C2 50.00' 36.13' 35.34' N 02°58'44"W 21°29'37" C3 550.00' 23.ST 23.53 S 21°53'07"E 2°27'05" NOW OR FORMERLY MILL LAKE _ CITY OF VIRGINIA BEACH —EBB2 GPIN:2433-27-3415 M.B. 103 P.25 FLOOD INST:20070522000686140(PLAT) M.B. 103 PG. 25 EXISTING BIETRI 20070625000848730STING gOLKHEAD EASEMEN�1NG guEKHEpO EASEMENT ENC NAIL(F) --/'_ 28.8'EXI 83 6'EX EXISTING _�- , 15 gUIKHEAO i D z �); � lLTH O i .F m 1 1z1 �� � POOL Izl J I rn l co ? I PATIO --I I SEAN E. GREEN v it z o --At Lic. No. 0402064005 DECK iD� _ �O I> z r- I I N � � O �i<j gyp/, Cc,4'� LOT109 Im rv � -l0 D m� F G�� NOW OR FORMERLY I z o co � .. z � N� SS/ �� I'I• coozir � fv r 1�i1 ONA1. SEA GYPSY LLC I, �^ ' .i N O r ow W D 0 �� GPIN:2433-23-7535 jW, o c w z � 00 w 0 -- ''�Zl Sean A INST:202303049263 I -. u' ^n 0 ory 0 C,,-�1 log pNn ; — o °� o' 1 s suail. M.B. 103,PG. 25 I w I Gl o w O -� wr- m ol�� 2026.01. 200' IN, Nv0cym w V IWi �u'i u, o v Ul O ;'O1 r' CONC I I n PIN(F)�1 I �n`------�- DRIVE,' '�-- C 1 -�� o I PIN(F) I C2 I N 15°00'W a I ' -�- - 47_32-- --c3--t--------- WOOD DUCK DRIVE 675'TO RUDDY CRES-- EXISTING 50'RIGHT-OF-WAY CONDITIONS M.B. 103,PG.25 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN SCALE: 1"=30' EXISTING TIMBER PIER AND TIMBER BULKHEAD, A ENGINEERING SERVICES PROVIDED BY: PROPOSED TIMBER PIER AND A VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: SEA GYPSY LLC 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 WOOD DUCK DRIVE,VIRGINIA BEACH, VA 23456 (330)400-3811 COA:0407008328 SANDBRIDGE SHORES SOUTH, SECTION 1-B LOT 109 M.B. 103, PG. 25 DECEMBER 20, 2024 SHEET 1 OF 3 SEA GYPSY ENCROACHMENT EXHIBIT CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 50.00' 41.37' 40.20' S 04°53'31"E 13°00'22" C2 50.00' 36.13' 35.34' N 02°58'44"W 21"29'37" C3 550.00' 23.53' 23.53' S )1°53107"E 2°27'05" NOW OR FORMERLY MILL LAKE _ CITY OF VIRGINIA BEACH f-EBB2 GPIN:2433-27-3415 y M.B. 103 P.25 FLOOD- w INST:20070522000686140(PLAT) M.B. 103 PG.25 20070625000848730(DEED) NAIL(F) PROPOSED TIMBER HEAD EASEMENT ENCWIDTH 36.0' LNG -" SLEEVE OVER �• PIER 8.6 guEK EXIST RCP `0 1516 7 PIER WIDTH -'-P I BULKHEAD 16' -N 21-�w --- PROPOSED I I x 9 GTINIgER VINYL RETURN 13• -- EXISTIN AD WALL i� s -�- 42' gUEKHE " o lPr 1 z' m �11 PROPOSED VINYL BULKHEAD TO BE j m;N n 'vl BUILT NO MORE THAN 2' POOL I> J PROPOSED SEAWARD OF EXISTING BULKHEAD to VINYL RETURN 'GPI icl WALL v I Dj p L T H pF PATIO I�, `� M ) Im, _ �11 �� DECK Imo' z r- N G) 1 1 0 ? LOT 109 i�I N -i GI I Z o z D 1 MI " SEAN E. GREEN v NOW OR FORMERLY Uzi N o z 0 m o T 0 O !ml EIC. N0. 0402064005 SEA GYPSY LLC 1-- 1 u_ � oV N Y O r0 ow ry w D T imp ,o GPIN:2433 23-7535 ImI o -0 w Z a —I o ry � O o 0,?11 �0�, �,� INST:202303049263 io; o w n 0 Glow -I � O0 0��1 fit- G�� M.B. 103, PG. 25 Iwl rD w � Oo o CO a O I .S'S` N I v N o b1 m uN 0: V � � ,�11 IONAL E i^'' Ln w ;0 � ---- _ L'I owl Sean Gre wo V O o ` al s sulti ail. "° i i o r`—1 1 ���1 2026.01. 2 .42: 0 00' CONC = PIN(F) 41 ---`` ° DRIVE ° /- C i PIN(F) pole, �� C 2 N 1S°00'W 47_32' - --C 3-- --------- PROPOSED WOOD DUCK DRIVE 675'TO RUDDY CRES 50'RIGHT-OF-WAY IMPROVEMENTS M.B. 103,PG.25 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN SCALE: 1"=30' EXISTING TIMBER PIER AND TIMBER BULKHEAD, A ENGINEERING SERVICES PROVIDED BY: PROPOSED TIMBER PIER AND A VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: SEA GYPSY LLC 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456 (330)400-3811 COA:0407008328 SANDBRIDGE SHORES SOUTH, SECTION 1-B LOT 109 M.B. 103, PG. 25 DECEMBER 20, 2024 SHEET 2 OF 3 SEA GYPSY ENCROACHMENT EXHIBIT PROPOSED SLEEVE OVER EXISTING STORM WATER DRAIN 12" PIPE OVERLAP HDPE SLEEVE OVER EXISTING PROPOSED GRADE 15" RCP SUPPORTED BY WALER . _ .. _ ._.._.._.._.._.._.._.._.._.._.._.._.._. MEAN HIGH EXISTING 15" RCP WATER MEAN LOW WATER -1.3' EXISTING BULKHEAD 8"x 8"WALERS INSTALLED TO REMAIN BENEATH SLEEVE EXISTING MUDLINE PROPOSED BULKHEAD NOTES: �2026 n Gre sulti ail. 1. ALL TIMBER MATERIAL FOR USE IN A MARINE ENVIRONMENT. 2 . 3: - 5 0' 2. ALL HARDWARE TO BE IN ACCORDANCE WITH ASTM A-153. 3. NEW BULKHEAD SHALL BE PLACED AT ALIGNMENT SHOWN. E T H 67.DRAWINGS ARE FOR PERMIT PURPOSES ONLY,AND DO NOT CONSTITUTE FULL DESIGN `�DRAWINGS-FINAL DESIGN BY OTHERS. NO SOIL BORINGS HAVE BEEN TAKEN TO CONFIRM '�CSUBSURFACE SOIL CONDITIONS. LAYOUT IS BASED ON VISUAL ON-SITE INSPECTION. ABNORMAL SITE CONDITIONS NOT READILY APPARENT HAVE NOT BEEN TAKEN INTO ACCOUNT,AND MAY REQUIRE MODIFICATIONS TO THE ANCHOR SYSTEM AND MATERIAL . GREEN nSIZES. DIMENSIONS SHOWN ARE TO BE CONSIDERED MINIMUM MATERIAL SIZES ONLY BASED402064005ON MANUFACTURER PRODUCT SPECIFICATIONS FOR BULKHEAD TYPE AND EXPOSED HEIGHT WITH FIRM SOILS IN PLACE. CONTRACTOR SHALL FIELD VERIFY BOTTOM CONDITIONS TOASSURE THAT FIRM MATERIAL IS IN PLACE. THE ENGINEER IS TO BE NOTIFIED OF ANY <�ABNORMAL SOIL CONDITIONS FOR EITHER SHEET PILE OR DEADMAN FIELD. A _ �NG\� 0 4 8 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN SCALE: 1"=4' EXISTING TIMBER PIER AND TIMBER BULKHEAD, A ENGINEERING SERVICES PROVIDED BY: PROPOSED TIMBER PIER AND A VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: SEA GYPSY LLC 4014 MEDINA ROAD#1015, AKRON, OH 44333 2945 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456 (330)400-3811 COA:0407008328 SANDBRIDGE SHORES SOUTH, SECTION 1-B LOT 109 M.B. 103, PG. 25 DECEMBER 20, 2024 SHEET 3 OF 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 0 ) day of �L� �r 2026, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SEA GYPSY, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee".. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "109", as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B SOUTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA," Scale: 1" = 100', dated July 5, 1968, prepared by Palmer L. Smith; C.L.S, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 025, and being further designated, known, and described as 2945 Wood Duck Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a 10' x 1.0' vinyl return wall, a 10.0' x 1.8' vinyl return wall, a 158.6' x 5' vinyl bulkhead to be no more than 2' seaward of existing bulkhead, a 16.7' x 8.0' timber pier, an existing 13.9'x 6.4" x 2.1', and to maintain an existing timber pier and a 159.59' x 2.10' timber bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-27-3415 (CITY-OWNED PROPERTY KNOWN AS MILL LAKE) NO GPIN ASSIGNED (5' CITY-OWNED DRAINAGE AND UTILITY EASEMENT) 2433-23-7535 (2945 WOOD DUCK DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Mill Lake and into a 5' City-owned drainage and utility easement, collectively, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' - ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER AND TIMBER BULKHEAD, A PROPOSED TIMBER PIER AND A VINYL BULKHEAD FOR: SEA GYPSY LLC 2945 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456 SANDBRIDGE SHORES SOUTH, SECTION 1-B LOT 109 M.B. 103, PG. 25," Scale: 1" = 30', dated December 20, 2024, prepared by Stone Green Consulting, LLC, 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 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, the said SEA GYPSY, LLC., a Virginia limited liability company, has caused this Agreement to be executed by (name) / i �(I Y' (title)�4�►� n lG�/�4 �; of SEA GYPSY, LLC., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Notary Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Notary Commission Expires: 6 SEA GYPSY, LLC., a Virginia limited liability com a r By: (SEAL) Name: Title: ✓v G. STATE OF CITY/COUNTY OF N► to-wit: r� The foregoing instrument was acknowledged before me this g day of GCTyt, CYL , 2026, b name T)Ry� ��C` 'w� Y ( ) 1'�'J�-�tE�ti(, (title) ►�- --��t „ of Sea Gypsy, LLC., a Virginia limited liability company. (SEAL) No ary Public KRISTAL M JOHNSON Notary Registration Number: o2 (o eZC7 v O NOTARY PUBLIC REG.#262930 My Commission Expires: I oZ - of - w ? Cp COMMONWEALTH OFVIRGINIA MY COMMISSION EXPIRES DECEMBER 31,2030 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P B WORKS REAL ESTATE B6 cy'+ L Her<z�s B CITY ATTORNEY 14SStS}�hi' 7 SEA GYPSY ENCROACHMENT EXHIBIT CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE `S C1 50.00' 41.37' 40.20' S 04°53'31"E 13°00'22" C2 50.00' 1 36.13' 35.34' N 02°58'44"W 21°29'37" C3 550.00' 1 23.53' 23.53' S 21053'07"E Z27105" NOW OR FORMERLY MILL LAKE z CITY OF VIRGINIA BEACH -EBB2 GPIN:2433-27-3415 M.B. 103 P.25 FLOOD- INST.20070522000686140(PLAT) M.B. 103 PG. 25 EXISTIJED 0848730(DEED))U`KHEAD ENC tJLKHEAD EASEM ENC NAIL F BE R EASEMENT ENT I ) 28 g EXISTING 83.6'EXISTING g " EXISTING 16.0' N gUI-y 21$ EXISG gOIKHEND IDi I J O,r L i m'N '➢t �� / POOL IzI�' �% r^1 O ? I cz o�,o; SEAN E. GREEN v PATIO iI z -At �Lic. No. 0402064005� DECK �; z ry G) Z i Alt O �� LOT 109 I K I� -1 G1 � Z o z Y rni F� G\� NOW OR FORMERLY I z' `" 0 z � vt SS C1 I-i�'' co '0) � oPJTO � !r'"n1 I�NALE- SEA GYPSY LLC I��� uN � 0 woNU, > T --j GPIN:2433-23-7535 i�i oowZ � O a' w O `'�z1 Sean Gre INST: 202303049263 IN, "' �' m p -- pN a0 0�-11 _ op � m o'er 1 s sulti ail. M.B. 103, PG. 25 i�i G) po w o NJ w r a o �11 2026.01. 2 .42: -0 00' N, N C c > m V � � Iu'' � � V Nr�- V of I I o 0 CONC I I n PIN(F)tJ1L I 2 • DRIVE C 2 N 1475°00'W I ' `\���--- --- _32__ I�--------- WOOD DUCK DRIVE EXISTING 50RIGHT-OF-WAY 675'TO RUDDY CRES CONDITIONS M.B. 103, PG.25 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 111111 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN SCALE: 1" =30' EXISTING TIMBER PIER AND TIMBER BULKHEAD, A ENGINEERING SERVICES PROVIDED BY: PROPOSED TIMBER PIER AND A VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: SEA GYPSY LLC 4014 MEDINA ROAD#1015, AKRON, OH 44333 2945 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456 (330)400-3811 COA:0407008328 SANDBRIDGE SHORES SOUTH, SECTION 1-B LOT 109 M.B. 103, PG. 25 DECEMBER 20, 2024 SHEET 1 OF 3 SEA GYPSY ENCROACHMENT EXHIBIT CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 50.00' 41.37' 40.20' S 04°53'31"E 13°00'22" C2 50.00' 36.13' 35.34' N 02°58'44"W 21°29'37" C3 550.00' 23.53' 23.53' S 21°53'07"E I 2°27'05" NOW OR FORMERLY MILL LAKE _ CITY OF VIRGINIA BEACH —EBB2 GPIN:2433-27-3415 w M.B. 103 P.25 FLOOD ' INST:20070522000686140(PLAT) M.B. 103 PG.25 X 20070625000848730(DEED) IpTFi NAIL(F) PROPOSED TIMBER EA 15TING SEMENT ENCW 36.0' SLEEVE OVER � PIER 158.6'gU�K W D H F, 6�KHEAp EP, RCP 16 p1ER ip / ' -159_59 - N p0�\N 16' - 21 PROPOSED 9, ---TIMBER VINYL RETURN ice) c 13. EXI511N p WALL i i _ 42 g11l1CHEA I D_I m U,1 0 m :m PROPOSED VINYL BULKHEAD TO BE I""N vl BUILT NO MORE THAN 2' POOL �zI PROPOSED SEAWARD OF EXISTING BULKHEAD Ip; VINYL RETURN 01 icl WALL yI �NLTH 0,. PATIO Imo, DECK iN� z r= r Z '=11 6 ? LOT 109 I m p G1 Z ^' D o i rn SEAN E. GREEN a NOW OR FORMERLY �z' o z -' o co � zZ � DI I I� mo .. f?' � o rj > O Or !ml EIC. N0. 0402064005 SEA GYPSY LLC ��,ul - Vo N Y O r o r., w D T m� GPIN:2433 23-7535 I W I w Z T O L"' 'P INST: 202303049263 Imo, o0 "' m 0 Ll o w w o1Z11 0� lo, p tv r1 1 \� M.B. 103,PG. 25 I W Gl o w o N000am -c) FSS �G ICI nr06, Ln 74 � �,ml IONAL �- IN; u, cG` � V i of Iti'I W v O I Sean Gre wll o '-a s sulti ail. r1 `�1 2026.01. 2 .42: -0 00' ° CONC I I = PIN (F) L__--`` DRIVE C 1 C 2 N 15°00'W I ' 47_32 - --C 3--� PROPOSED WOOD DUCK DRIVE 675'TO RUDDY CRIES—y IMPROVEMENTS so'RIGHT-OF-WAY M.B. 103, PG.25 1., THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN SCALE: 1" =30' EXISTING TIMBER PIER AND TIMBER BULKHEAD, A ENGINEERING SERVICES PROVIDED BY: PROPOSED TIMBER PIER AND A VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: SEA GYPSY LLC 4014 MEDINA ROAD#1015, AKRON, OH 44333 2945 WOOD DUCK DRIVE, VIRGINIA BEACH,VA 23456 (330) 400-3811 COA:0407008328 SANDBRIDGE SHORES SOUTH,SECTION 1-13 LOT 109 M.B. 103, PG. 25 DECEMBER 20, 2024 SHEET 2 OF 3 SEA GYPSY ENCROACHMENT EXHIBIT PROPOSED SLEEVE OVER EXISTING STORM WATER DRAIN 12" PIPE OVERLAP HDPE SLEEVE OVER EXISTING PROPOSED GRADE 15" RCP SUPPORTED BY WALER MEAN HIGH EXISTING 15" RCP WATER +1.5' 1'a MEAN LOW WATER -1.3' EXISTING BULKHEAD 8"x 8"WALERS INSTALLED TO REMAIN BENEATH SLEEVE EXISTING MUDLINE PROPOSED BULKHEAD NOTES: �2026 n A35'eO'7 1. ALL TIMBER MATERIAL FOR USE IN A MARINE ENVIRONMENT. 2 2. ALL HARDWARE TO BE IN ACCORDANCE WITH ASTM A-153. 3. NEW BULKHEAD SHALL BE PLACED AT ALIGNMENT SHOWN. p L T H OF DRAWINGS ARE FOR PERMIT PURPOSES ONLY,AND DO NOT CONSTITUTE FULL DESIGN O� DRAWINGS-FINAL DESIGN BY OTHERS. NO SOIL BORINGS HAVE BEEN TAKEN TO CONFIRM 'p SUBSURFACE SOIL CONDITIONS. LAYOUT IS BASED ON VISUAL ON-SITE INSPECTION. �� y ABNORMAL SITE CONDITIONS NOT READILY APPARENT HAVE NOT BEEN TAKEN INTO ACCOUNT,AND MAY REQUIRE MODIFICATIONS TO THE ANCHOR SYSTEM AND MATERIAL SEAN E. GREEN v SIZES. DIMENSIONS SHOWN ARE TO BE CONSIDERED MINIMUM MATERIAL SIZES ONLY BASED LIC. No. 0402064005 ON MANUFACTURER PRODUCT SPECIFICATIONS FOR BULKHEAD TYPE AND EXPOSED HEIGHT WITH FIRM SOILS IN PLACE. CONTRACTOR SHALL FIELD VERIFY BOTTOM CONDITIONS TO ASSURE THAT FIRM MATERIAL IS IN PLACE. THE ENGINEER IS TO BE NOTIFIED OF ANY �0 ABNORMAL SOIL CONDITIONS FOR EITHER SHEET PILE OR DEADMAN FIELD. F`�'S�ONAL 0 4 8 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN SCALE: 1" =4' EXISTING TIMBER PIER AND TIMBER BULKHEAD, A ENGINEERING SERVICES PROVIDED BY: PROPOSED TIMBER PIER AND A VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: SEA GYPSY LIC 4014 MEDINA ROAD#1015, AKRON, OH 44333 2945 WOOD DUCK DRIVE, VIRGINIA BEACH,VA 23456 (330)400-3811 COA:0407008328 SANDBRIDGE SHORES SOUTH, SECTION 1-13 LOT 109 M.B. 103, PG. 25 DECEMBER 20, 2024 SHEET 3 OF 3 Y t . 7. 10:DR, � AINAGE AND' UTIL•IT MENT. T p :. . ry � 5' DRAINAGE�AND UTILITY EASMENT t T p� w e t h '�i► 10 DRAINAGEAND `.. UTILITY EASMENT t" LOCATION MAP Legend ENCROACHMENT REQUEST FOR 2433-23-7535 SEA GYPSY LLC fi GPIN; 2433-23-7535 City Property ` 0 50 100 Feet Prepared by JCS\P W.Eng\Eng Support Services BureauM-04-2025 X\CADD\ProjectsWrc Fdes\AGENDA MAPS\2433-23-7535\2433-23-7535 Aenal aprx W SAND�b� 10' DRAINAGE AND p ' UTILITY EASMENT �p SITE rrrr rrr rrrrrrr .0000. r!rrrr rr rrrr rrr rrrr ♦rrrr' 000000 .0 rr rr rr rr ♦ 5',DRAINAGE AND �♦ UTILITY EASMENT 1 ♦ % ♦ �r 40 r 00 ,dio .' 10' DRAINAGE AND UTILITY EASMENT LOCATION MAP Legend ENCROACHMENT REQUEST FOR a 2433-23-7535 SEA GYPSY LLC GPIN; 2433-23-7535 aCity Property 0 50 100 1 1 Feet Prepared by JCS\P W.Eng.\Eng Support Services Bureau\03-04-2025 X\CAMProlects\Arc Files\AGENDA MAPS\2433-23-7535\2433-23-7535 aprx Sea Gypsy Encroachment Picture Exhibit AS r sY xC View Looking North showing similar bulkhead and pier encroachments ._ N View Looking Northwest Sea Gypsy Encroachment Picture Exhibit Y � t m ' 5t 4 M1 � 4. Overhead view Decus.gn Envelape ID-5841505C-B151-4DFF-A7C6-3F7F8DF76841 C-ITY OF VIRGIN1100% Disclosure I• - EACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Sea Gypsy LLC Is Applicant also the Owner of the subject property? Yes(F) Noo if no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yese NoO If yes, name Representative: Robert Simon-Waterfront Consulting, Inc. Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Mary A. Naegele David L. Mulherin Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser; KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, ® Q Parcel l Family private note cross-col late ralization, etc.) Real Estate Broker/Agent/Realtor 0 G) Disclosure Statement I rev. M a y-2024 page 1 of 3 Docusign Envelope ID:6841505C-B151-4DFF-A7C6-3F7FBDF76841 APPLICANTSECTION 1: continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation ® 1 ® zuckerman and Associates Architect/Designer/Landscape ® n Architect/Land Planner Construction Contractor Robert E.Simon,VP of Waterfront Consulting,Inc. Engineer/Surveyor/Agent G ® Sean E.Green P.E.of Stone Green Consulting,LLC Legal Services T© E) APPLICANT CERTIFICATION READ:l certify that all information contained in this Form is complete, true,and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. wned by: Dwus Sea Gypsy LLC FQ, 12/9/2024 Applicant Name(Print) pp cant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. z "Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (li) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement rev. M ay-2024 page 2 of 3 Docusign Envelope ID:22C68FFF-850E-8B80-8277-65FD34CF83C9 SECTIONAPPLICANT" •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation (F) 0 Zuckerman and Associates Architect/Designer/Landscape Q 0 Architect/Land Planner Construction Contractor 0 (D Engineer/Surveyor/Agent Q 0 Waterfront Consulting, Inc, Stone Green Consulting, LLC Legal Services 0 e APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. ftned by: Docu Sea Gypsy LLC A. "M"O 10/29/2026 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities, there are common or commingled funds or assets, the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 ,esrtSS� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Lake Joyce, located at the rear of 4453 Lee Avenue MEETING DATE: November 17, 2026 ■ Background: Avrum Z. Meier (the "Applicant") requested permission to maintain an existing concrete boat ramp and rip rap revetment and to construct and maintain a timber pier with a timber access ramp, a timber wharf with two stems and a timber floating pier, a jet ski float, replacement rip rap revetment, and a four-pile boatlift with a mesh cover and timber finger pier (collectively, the "Temporary Encroachment") into City-owned property known as Lake Joyce (GPIN: 1570-80- 2438), located at the rear of 4453 Lee Avenue (GPIN: 1570-70-4646). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Joyce, which is where the Applicant has requested to encroach. A previous encroachment to construct and maintain an existing concrete boat ramp and broken concrete slope revetment and to maintain a proposed wooden pier was approved on April 19, 2016 as ORD-3448A and recorded as Instrument Number 20170313000207150 ("Previous Encroachment"). Upon approval of the Temporary Encroachment, the Previous Encroachment will be vacated and terminated. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE 7 JOYCE, LOCATED AT THE REAR OF 8 4453 LEE AVENUE 9 10 WHEREAS, Avrum Z. Meier (the "Applicant") requested permission to 11 maintain a 10' x 28' existing concrete boat ramp and 100 LF of rip rap revetment and 12 construct and maintain a 10' x 32' timber pier with a 10' x 16' timber access ramp, a 10' x 13 36' timber wharf with two 4' x 12' stems and an 8' x 8' timber floating pier, a 14' x 5' jet ski 14 float, 22 LF of rip rap revetment, and a 13' x 13' four-pile boatlift with a 13' x 20' mesh cover 15 and a 4' x 14' timber finger pier (collectively, the "Temporary Encroachment"), into City- 16 owned property known as Lake Joyce (GPIN: 1570-80-2438), located at the rear of 4453 17 Lee Avenue (GPIN: 1570-70-4646); 18 19 WHEREAS, a previous encroachment to construct and maintain an existing 20 concrete boat ramp and broken concrete slope revetment and to maintain a proposed 21 wooden pier was approved on April 19, 2016 as ORD-3448A and recorded as Instrument 22 Number 20170313000207150 (the "Previous Encroachment"); 23 24 WHEREAS, the design of the Previous Encroachment has changed to what is 25 currently proposed since the Previous Encroachment was granted, and it is therefore 26 appropriate to terminate the Previous Encroachment; and 27 28 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 29 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 30 the City's property, subject to such terms and conditions as Council may prescribe. 31 32 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 36 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, his heirs, assigns 37 and successors in title are authorized to maintain the Temporary Encroachment within the 38 City-owned property as shown on the map entitled: "EXHIBIT `A' — ENCROACHMENT 39 REQUEST FOR EXISTING RIP RAP REVETMENT, AN EXISTING CONCRETE BOAT 40 RAMP, PROPOSED RIP RAP REVETMENT, A TIMBER WHARF WITH (2) TIMBER 41 STEMS, A TIMBER FLOATING PIER, A TIMBER PIER WITH A TIMBER ACCESS RAMP, 42 A (4) TIMBER PILE ALUMINUM BOAT LIFT WITH MESH COVER, A FINGER PIER AND 43 A PREFAB JET SKI FLOAT FOR: AVRUM MEIER 4453 LEE AVENUE CHESAPEAKE 44 SHORES, BLOCK 5 LOT 1-A 0.332 ACRES INST: 20160318000226320," Scale: 1" = 40', 45 dated October 7, 2025, prepared by Stone Green Consulting, LLC, a copy of which is 46 of which is attached hereto as Exhibit A, on file in the Department of Public Works and to 47 which reference is made for a more particular description; 48 49 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 50 subject to those terms, conditions and criteria contained in the agreement between the City 51 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 52 been presented to the Council in its agenda, and will be recorded among the records of the 53 Clerk's Office of the Circuit Court of the City of Virginia Beach; 54 55 BE IT FURTHER ORDAINED, that the City Manager or his authorized 56 designee is hereby authorized to execute the Agreement; and 57 58 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 59 such time as the Applicant and the City Manager or his authorized designee execute the 60 Agreement. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 63 day of 12026. CA17028 R-1 Prepared: 10/23/2026 1lvbgov.comldfsl lapplicationslcitylawlcycom321wpdocsld006lp053101129532.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: UBLIC WORK / REAL ESTATE 4OCAIP�ivq"TTORNEY Y- E J. ANT MEIER ENCROACHMENT EXHIBIT CURVE I RADIUS I ARC LENGTH I CHORD LENGTH CHORDBEARING-1 DELTA ANGLE Cl 272.23' 105.29' 104.63' S 74`59'34"W 22°09'35" 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF ATITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE LAKE JOYCE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A CITY OF VIRGINIA BEACH BOUNDARY SURVEY. GPIN:1570-80-2438 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS D.B. 1018, PG, 154 REQUIRED BY OTHER ASSOCIATIONS ORIAGENCIES. EASEMENT LINE EXTENDED FOR VISUAL PURPOSE ONLY I I EXISTING CONCRETE BOAT RAMP 10�� I I EXISTING RIP RAP REVETMENT 35.8' cp �Y�24"STORMWATER PIPE I Y i ji ORDINARY HIGH WATER I PROPERTY LINE EXTENDED�- C.\ I !! 1 FOR VISUAL PURPOSE ONLY I S LOT 3-A de j I N !! M NOW OR FORMERLY MICHAEL& DEANNA DUGAN I (^ I 3 POOL I REVOCABLE LIVING TRUST GPIN: 1570-70-5625 cqI I I I I N INST: 20 1 603 1 8000226320 ml cONEiZEfE I ^ I INST:Z01G0318000226320 PATI I N 5'PRIVATE DRAINAGE �p,L T H r7F EASEMENT l i DECK � I z 20'PUBLIC DRAINAGE EASEMENT DEDICATED TO THE CITY OF 'pC I j LOT 1-A I VIRGINIA BEACH NOW OR FORMERLY I (INST:20 1 603 1 8000226320) I AVRUM Z. MEIER I SEAN E. GREENIc7l GPIN: 1570-70-4646 � Lic. No. 0402064005 m I INST: 20160318000226320 r l I Ln �� ,,,I 2—STY—FRM,P I p a O \�4. I i #4453 ( � Z m SS/O N A L E�G_ I I z l _L� iitally signed by S Green I I I I z N -art DN:C =Sean I een _! -. m, P(F) I __ __ _�_ P(F) PIPE(F)I G Sew n N=Green,C=US S 74'20'33"E 90.0' ••• Date:2026 0 2622*.36:29-04'00' LEE AVENUE 553'TO—— EXISTING 50'RIGHT-OF-WAY SEAVIEW CONDITIONS AVENUE M.B. 8, PG. 82 EXHIBIT A'-ENCROACHMENT REQUEST FOR EXISTING RIP RAP REVETMENT, 0 40 80 AN EXISTING CONCRETE BOAT RAMP, PROPOSED RIP RAP REVETMENT,A TIMBER WHARF WITH(2) TIMBER STEMS,A TIMBER FLOATING PIER,A TIMBER SCALE: 1"=40' PIER WITH A TIMBER ACCESS RAMP,A(4)TIMBER PILE ALUMINUM BOAT LIFT WITH MESH COVER,A FINGER PIER AND A PREFAB JET SKI FLOAT ENGINEERING SERVICES PROVIDED BY: FOR: AVRUM MEIER STONE GREEN CONSULTING, LLC 4453 LEE AVENUE 4014 MEDINA ROAD#1015,AKRON,OH 44333 CHESAPEAKE SHORES, BLOCK 5 LOT 1—A 0.332 ACRES (330)400-3811 COA:0407008328 INST: 20160318000226320 OCTOBER 7, 2025 PAGE 1 OF 2 MEIER ENCROACHMENT EXHIBIT CURVE RADIUS I ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 272.23' 105.29' 104.63' S 74'S9'34"W 22-09'35" 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS LAKE JOYCE COMBINED WITH THE COMPILATION OF DEEDS, PLATS AND GIS DATA CITY OF VIRGINIA BEACH SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. GPIN:1570-80-2438 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OT ER ASSOCIATIONS OR AGENCI D.B. 1018, PG. 154 PROPOSED 10'x32'TIMBER PIER WITH AN I EASEMENT LINE EXTENDED 10'x16'TIMBER ACCESS RAMP �s FOR VISUAL PURPOSE ONLY PROPOSED 10'x 36'TIMBER WHARF PROPOSED 13'x13'(4)TIMBERPILE ALUMINUM BOATLIFT WITH WITH TWO 4'x 12'STEMS AND A 8'x8' TIMBER FLOATING PIER po A 13'x20'MESH COVER AND A cP °' 4'x14'TIMBER FINGER PIER PROPOSED PRE FAB JET SKI FLOAT 0.5' o, 0.21Z4"STORMWATER PIPE REMOVE EXISTING RIP RAP I REVETMENT AND INSTALL 22 LF �2•6 '!OF NEW RIP RAP REVET PROJECT DETAIL 1"=40' MENT ! H ORDINARY ass I j ti3 '� HIGH WATER~� s° °" PROPERTY LINE EXTENDED�` '' c'% FOR VISUAL PURPOSE ONLY LOT 3-A I ry ) 1� NOW OR FORMERLY MICHAEL& DEANNA DUGAN POOL REVOCABLE LIVING TRUST GPIN: 1570-70-5625 ml ,. I Lu �p 0 INST: 20 1 603 1 8000226320 nl cONCaR.FEcl . 5'PRIVATE DRAINAGE EASEMENT I j DECK I I z �t N L T H QF 20'PUBLIC DRAINAGE EASEMENT O� Lj I I I DEDICATED TO THE CITY OF LOT 1 A I VIRGINIA BEACH 2 �I NOW OR FORMERLY I (INST:201 G0318000Z26320) SEAN E. GREEN a �I I AVRUM Z.MEIER I W , GPIN: 1570 70-4646 WQ —.I SIC. N0. 0402064005 �I INST: 20160318000226320 2-STY-FRM I p 00 a I #4453 1 I Lu = M SS/ONAL �.. D Ily signed by S Green DN:C =Sean egreen ns com P(F) I __ _I_ PIFI PIPE(F)� INST:20160318000226320 G=Sean SN=G_reen,C=US S 74'2033 E 90.0' Date:2026.10.26 22:36:33-04'00' LEE AVENUE 553'TO PROPOSED 50'RIGHT-OF-WAY SEAVIEW IMPROVEMENTS M.B. 8, PG. 82 AVENUE EXHIBIT A'-ENCROACHMENT REQUEST FOR EXISTING RIP RAP REVETMENT, 0 40 80 AN EXISTING CONCRETE BOAT RAMP, PROPOSED RIP RAP REVETMENT,A TIMBER WHARF WITH(2) TIMBER STEMS,A TIMBER FLOATING PIER,A TIMBER SCALE: 1"=40' PIER WITH A TIMBER ACCESS RAMP,A(4)TIMBER PILEALUMINUM BOAT LIFT WITH MESH COVER,A FINGER PIER AND A PREFAB JET SKI FLOAT ENGINEERING SERVICES PROVIDED BY: FOR:AVRUM MEIER STONE GREEN CONSULTING, LLC 4453 LEE AVENUE 4014 MEDINA ROAD#1015,AKRON,OH 44333 CHESAPEAKE SHORES, BLOCK 5 LOT 1-A 0.332 ACRES (330)400-3811 COA:0407008328 INST: 20160318000226320 OCTOBER 7, 2025 PAGE 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of NOVA"10- ', 202b, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and AVRUM Z. MEIER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee." WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "1-A" as shown on that certain plat entitled: "RESUBDIVISION OF LOT 1, LOT 2, A PART OF LOT 3, AND A CLOSED 12'/2, STRIP OF AN UNNAMED STREET BLOCK 5, AMENDED MAP OF CHESAPEAKE SHORES (M.B. 8, P. 82) VIRGINIA BEACH, VIRGINIA ," Scale: 1" = 20', dated July 9, 2015, prepared by Fox Land Surveying, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20160318000226320, and being further designated, known, and described as 4453 Lee Avenue, Virginia Beach, Virginia 23455; WHEREAS, a previous encroachment to construct and maintain a 10' x 24' existing concrete boat ramp and broken concrete slope revetment and to maintain a proposed 10' x 20' wooden pier into a portion of the City's property, known as Lake Joyce was approved on April 19, 2016 as ORD-3448A and recorded as Instrument Number 20170313000207150 (the "Previous Encroachment"); and GPINs: 1570-80-2438 (Lake Joyce) 1570-70-4646 (4453 Lee Avenue) WHEREAS, it is proposed by the Grantee to maintain 100 LF of existing rip rap revetment and a 10' x 28' concrete boat ramp and to construct and maintain a 10' x 32' timber pier with a 10' x 16' timber access ramp, a 10' x 36' timber wharf with two 4' x 12' stems and an 8' x 8' timber floating pier, a 14' x 5' jet ski float, 22LF of rip rap revetment, and a 13' x 13' four-pile boatlift with 13' x 20' mesh cover and a 4' x 14' timber finger pier, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby revokes and terminates the Previous Encroachment and grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR EXISTING RIP RAP REVETMENT, AN EXISTING CONCRETE BOAT RAMP, 2 PROPOSED RIP RAP REVETMENT, A TIMBER WHARF WITH (2) TIMBER STEMS, A TIMBER FLOATING PIER, A TIMBER PIER WITH A TIMBER ACCESS RAMP, A (4) TIMBER PILE ALUMINUM BOAT LIFT WITH MESH COVER, A FINGER PIER AND A PREFAB JET SKI FLOAT FOR: AVRUM MEIER 4453 LEE AVENUE CHESAPEAKE SHORES, BLOCK 5 LOT 1-A 0.332 ACRES INST: 20160318000226320," Scale: 1" = 40', dated October 7, 2025, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to Lake Joyce, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 4453 Lee Avenue, Virgina Beach, Virginia. 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 3 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. 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 4 termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities, the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 5 IN WITNESS WHEREOF, Avrum Z. Meier, the said Grantee, has caused this Agreement to be executed by his 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 My Notary Registration Number: My Notary Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Notary Commission Expires: 7 Avrum Z. Meier STATE OF � CITY/COUNTY OF f°l i�.`� �4c� to-wit: The foregoing instrument was acknowledged before me this 4(o day of NOLICM b'CYL 20 , by Avrum Z. Meier. 0 �(SEAL) Notary Public DRUCILLA ABIGAIL GRIFFIN-CALLAWAY NOTARY PUBLIC My Notary Registration Number: U?3 96, REG.#8083860 My Notary Commission Expires: (� p7, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30,2027 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS — REAL ESTATE L -L EN J. ANT ASSOCIATECIT A ORNEY 8 MEIER ENCROACHMENT EXHIBIT CURVE I RADIUS ARC LENGTH CHORD LENGTH I CHORD BEARING I DELTA ANGLE Cl 1 272.23' 1 105.29' 1 104.63' 1 S 74'S9'34"W 22-09-35" 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE LAKEJOYCE COMPILATION OF DEEDS, PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A CITY OF VIRGINIA BEACH BOUNDARY SURVEY. GPIN:1570-80-2438 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATI�N OF THE RESTRICTIONS D.B. 1018, PG. 154 REQUIRED BY OTHER ASSOCIATIONS ORI AGENCIES. I EASEMENT LINE EXTENDED FOR VISUAL PURPOSE ONLY I I EXISTING CONCRETE BOAT RAMP I I EXISTING RIP RAP REVETMENT 35.8' �cp, 1r 24"STORMWATER PIPE I ORDINARY HIGH WATER I ! PROPERTY LINE EXTENDED�` C� I 1 FOR VISUAL PURPOSE ONLY i I Ii LOT 3-A O' I IN !! I NOW OR FORMERLY MICHAEL& DEANNA DUGAN I, POOL I REVOCABLE LIVING TRUST GPIN: I S70-70-5625 0°l I I r. I w INST: 20160318000226320 "' O 1CONC-R57E I ^r1 1 INST:20160318000226320 PfwTlO 5'PRIVATE DRAINAGE I m I EASEMENT I � - i 1 N L T H pF z 20'i DECK i PUBLIC DRAINAGE EASEMENT DEDICATED TO THE CITY OF 4-� LOT 1-A I VIRGINIA BEACH o y �I NOW OR FORMERLY I (INST:20160318000226320) I AVRUM Z. MEIER I W I SEAN E. GREEN a I GPIN: 1570-70-4646 Lu Q �I LIC. N0. 0402064005 I INST: 20160318000226320 I I— �1 inl I Ln LL 2-STY-FRM i I C, a OXF G\�k, I i #4453 i I m SSIQNAL_E� I I z Ec �I ,Vitally signed by S Green I I I I Z N NC, =Seua Senns reen C P(F) —jI— P(F) � PIPE(F)++G= ean G 204'00'Date:20267026 22t S74'20'33_E I 90.0' LEE AVENUE 553'TO -- EXISTING 50'RIGHT-OF-WAY SEAVIEW CONDITIONS M.B. 8, PG.82 AVENUE EXHIBIT'A'-ENCROACHMENT REQUEST FOR EXISTING RIP RAP REVETMENT, 0 40 80 AN EXISTING CONCRETE BOAT RAMP, PROPOSED RIP RAP REVETMENT,A TIMBER WHARF WITH(2) TIMBER STEMS,A TIMBER FLOATING PIER,A TIMBER SCALE: 1"=40' PIER WITH A TIMBER ACCESS RAMP,A(4)TIMBER PILE ALUMINUM BOAT LIFT WITH MESH COVER,A FINGER PIER AND A PREFAB JET SKI FLOAT ENGINEERING SERVICES PROVIDED BY: FOR: AVRUM MEIER STONE GREEN CONSULTING, LLC 4453 LEE AVENUE 4014 MEDINA ROAD#1015,AKRON,OH 44333 CHESAPEAKE SHORES, BLOCK 5 LOT 1-A 0.332 ACRES (330)400-3811 COA:0407008328 INST: 20160318000226320 OCTOBER 7, 2025 PAGE 1 OF 2 MEIER ENCROACHMENT EXHIBIT CURVE I RADIUS ARC LENGTH I CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 272.23' 10S.29' 1 104.63' 1 S 74'59'34"W 22°09'35" 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS LAKE JOYCE COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA CITY OF VIRGINIA BEACH SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. GPIN:1570-80-2438 4. THE CITY OF VIRGINIA BEACH IS NOT RE1 PONSIBLE FOR THE VERIFICATI�N OF THE RESTRICTIONS REQUIRED BY OT ER ASSOCIATIONS OR AGENCI . D.B. 1018, PG. 154 PROPOSED 10'x32'TIMBER PIER WITH AN EASEMENT LINE EXTENDED 10'x16'TIMBER ACCESS RAMP I I 6� FOR VISUAL PURPOSE ONLY PROPOSED 10'x 36'TIMBER WHARF PROPOSED 13'x13'(4)TIMBER WITH TWO 4'x 12'STEMS AND A 8'x8' PILE ALUMINUM BOATLIFT WITH TIMBER FLOATING PIER po A 13'x20' MESH COVER AND A cP 4'x14'TIMBER FINGER PIER 0.5' o. PROPOSED PRE FAB JET SKI FLOAT 0.2 24"STORMWATER PIPE REMOVE EXISTING RIP RAP REVETM ENT AND INSTALL 22 LF 2.6' OF NEW RIP RAP REVETMENT PROJECT DETAIL 1"=40' ORDINARY `r6` 11 I 1 ;) � 13 HIGH WATER 15, PROPERTY LINE EXTENDED�` �, '' C.� I I iy FOR VISUAL PURPOSE ONLY I 1 !I LOT 3-A I I I( i ,tea 1 NOW OR FORMERLY I I c 5 MICHAEL& DEANNA DUGAN POOL I I j 6 REVOCABLE LIVING TRUST GPIN: 1570-70-5625 mI I . i I w 1� 0 INST: 20160318000226320 ml PCON:92ErE PAT10 5'PRIVATE DRAINAGE EASEMENT I j - DECK I I NL T H OF EASEMENT PUBLIC DRAINAGE EASEMENT O� DEDICATED TO THE CITY OF 'p I VIRGINIA BEACH NOW OR FORMERLY I (INST:20 1 603 1 8000226320) SEAN E. GREEN n �I I AVRUM Z. MEIER I Lu , GPIN: 1570-70-4646 el � SIC. N0. 0402064005 m I INST: 20160318000226320 1 I— N I 5 nl I N LL 2-STY-FRM 1 p C) a #4453 I W 2 m M FSS/O N A L. �i I I gigitally signed by S Green DN:C =Sean I egreen ns com __ P(F) I __ _�_ P(F) PIPEIF)I INST:20160318000226320 G=Se,n,SN=Gre_en,C=US S 74°20 33"E 90.0' • Date:2026.10.26 22:36:33-04'00' LEE AVENUE 553'TO--- PROPOSED 50'RIGHT-OF-WAY SEAVIEW IMPROVEMENTS M.B. 8, PG. 82 AVENUE EXHIBIT A'-ENCROACHMENT REQUEST FOR EXISTING RIP RAP REVETMENT, 0 40 80 AN EXISTING CONCRETE BOAT RAMP, PROPOSED RIP RAP REVETMENT,A TIMBER WHARF WITH(2) TIMBER STEMS,A TIMBER FLOATING PIER,A TIMBER SCALE: 1"=40' PIER WITH A TIMBER ACCESS RAMP,A(4)TIMBER PILE ALUMINUM BOAT LIFT WITH MESH COVER,A FINGER PIER AND A PREFAB JET SKI FLOAT ENGINEERING SERVICES PROVIDED BY: FOR: AVRUM MEIER STONE GREEN CONSULTING, LLC 4453 LEE AVENUE 4014 MEDINA ROAD#1015,AKRON, OH 44333 CHESAPEAKE SHORES, BLOCK 5 LOT 1-A 0.332 ACRES (330)400-3811 COA:0407008328 INST: 20160318000226320 OCTOBER 7, 2025 PAGE 2 OF 2 m z t- 41SITE Z�1J�R fi l 1 f l fl f 1 r / f r f / I r 20'PUBLIC DRAINAGE r f If EA5ENIEN1 f r I 1f f '.;PRIVATE DRAINAGE / f EASEMENT f f f r r 1 f / f / 1 r 1 / f f I I f r F Legend LOCATION MAP ENCROACHMENT REQUEST PROPERTY OWNER:AVRUM Z. MEIER 1570-70-4646 GPIN: 1570-70-4646 0 50 100 City Property I_ I I Feet Prepared by JCS/P.W.Eng.ISurvey Bureaul12-08-2025 X,\Surveys\PROJECTS\ArcGis Projects\Real EstatelAgenda Maps1250467 GPIN 1 5 70-7 0-4 64611 5 7 0-7 0-4646.apnc I qn fr F{ 2(I;pUBLIC DRAINAGE '�°EASEMENT c a' T DRAlNAf3E t 4. k m ggn Legend LOCATION MAP ENCROACHMENT REQUEST PROPERTY OWNER: AVRUM Z. MEIER 1570-70-4646 GPIN: 1570-70-4646 0 50 100 City Property I I I Feet Prepared by JCS/P.W.Eng./Survey Bureau/12-08-2025 X",Surveys'OROJECTS,�ArcGis ProjectslReal EstatelAgenda MapsQ%467 GPIN 1570-70-4646\1570-70-4646 Aenal.aprx Meier Photo Exhibit i . � �ftJattUm r rc View looking West 11 r Li • yY Y View looking East f i x Meier Photo Exhibit 45*1 Jil Yl 44 e 5 s E .. Al, 4Q Overhead View The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development ondjor use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Ayrum Meier Is Applicant also the Owner of the subject property? Yes NoI If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes Noo If yes, name Representative: Waterfront Consulting, Inc. Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YeslNoi If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes 0 No •` If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, Chase bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Disclosure Statement i rev. M a y-2024 page 1 of 3 SECTION • • - e SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 e Waterfront Consulting,Inc. Engineer/Surveyor/Agent a 0 Sean E.Green,P.E.of Stone Green consulting,LLC Legal Services 0 e APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for- updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Avrum Meier 10/28/2026 Applicant Name (Print) Applicant Signature Date z "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. z "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. ,�€ e��i1 ��,;, '' *`¢ v�i a 'tar,` 'i�av<>,: . ✓ No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTION "PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Avrum Meier Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? YesoNo • If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No@ If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, 0 ® Chase Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation 0 G) Architect/Designer/Landscape Architect/Land Planner u Construction Contractor 0 e Waterfront Consulting,Inc., Engineer/Surveyor/Agent m 0 Sean E.Green,P.E.of Stone Green Consulting.LLC Legal Services PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. I understand thot, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Avrum Meier 10/28/2026 a Property Owner Name (Print) Property Owner Signature Date Disclosure Statement i rev. May-2024 page 3 of 3 J. PLANNING 1. ASHLEY AND STEPHEN DONNINI for a Street Closure re one-half of an unnamed, unimproved 15-foot wide alley adjacent to the rear of 624 Surfside Avenue in Croatan DISTRICT 5 RECOMMENDATION: APPROVAL 2. CORPORATE LANDING PKWY DEVELOPMENT, LLC/VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Proffers to a Conditional Change of Zoning and Conditional Use Permit re bulk storage yard at a portion of property directly north of 1900 Corporate Landing Parkway DISTRICT 5 RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,November 17, 2026 at 6:00 p.m. in the Council Chamber at City Hall,Building 1,2m Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two- step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on November 17,2026. 2. Download WebEx and view the meeting at: https:/Ivbgov.webex.com/weblink/­reg ister/r85ccfe994a951291156e2499 20d284aa The following requests are scheduled to be heard: Ashley Marie & Stephen Lloyd Donnini (Applicants & Owners) Street Closure Adjacent Address: 624 Surfside Avenue GPIN:2426383626 City Council:District 5 (Wilson) Corporate Landing Pkwy Development,LLC Property Owner: City of Virginia Beach Development Authority Modification of Proffers & Conditional Use Permit (Bulk Storage Yard) Address: Portion of parcel directly north of 1900 Corporate Landing Parkway GPIN:Portion of 2415233098 to become GPIN 2415232190 City Council: District 5(Wilson) Copies of the proposed plans,ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center,Building 3,Virginia Beach, VA 23456 or online at https://virginiabeach.gov/pc. For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TOO service.The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebock Live. Please check our website at https,.//clerk.virginiabeach.gov/city-council for the most updated meeting information. All Interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-NOVEMBER 3,2026&NOVEMBER 10,2026-1 TIME EACH t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Ashley Donnini and Stephen Donnini for the Closure of One-half of an Unnamed, Unimproved 15-Foot-Wide Alley Adjacent to the Rear of 624 Surfside Avenue in Croatan MEETING DATE: November 17, 2026 ■ Background: Ashley Donnini and Stephen Donnini (collectively, the "Applicants") requested the closure of a 7.5-foot-wide portion of the unnamed, unimproved 15-foot-wide right- of-way (the "Right-of-Way"), adjacent to the rear 624 Surfside Avenue, for the purpose of incorporating the closed area into their adjoining property. The portion of the alley to be closed currently contains accessory structures, including a gazebo, retaining wall, and fire pit installed by the Applicants. Additionally, a shed, which does not meet the required side yard setback, was constructed without a permit outside of the area to be closed. ■ Considerations: The street closure request is consistent with the City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood, including the eastern half of the alley adjacent to the area proposed for closure. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There is no known opposition to this request. ■ Recommendation: On September 9, 2026, after an advertised public hearing, the Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval of this request, with the following conditions, except Condition 1 has been modified to include the specific purchase price: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. It has been Ashley & Stephen Donnini Page 2 of 2 determined that the purchase price to be paid to the City shall be $3,000.00, which is consistent with similar street closures in this area. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a 7.5-foot public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. The existing shed along the southern property line shall be removed from the site unless a variance is granted by the Board of Zoning Appeals. 5. The existing gazebo shall be removed prior to final street closure approval. 6. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public drainage easement to be dedicated to the City of Virginia Beach as set forth in Condition 2, the applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public drainage easement. 7. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Ordinance Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:�w 1 ORDINANCE APPROVING APPLICATION OF 2 ASHLEY DONNINI AND STEPHEN DONNINI, 3 FOR THE CLOSURE OF ONE-HALF OF AN 4 UNNAMED, UNIMPROVED 15-FOOT-WIDE 5 ALLEY ADJACENT TO THE REAR OF 624 6 SURFSIDE AVENUE IN CROATAN 7 8 WHEREAS, Ashley Donnini and Stephen Donnini (collectively, the "Applicants") 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described portion of an unimproved, unnamed Right-of-Way discontinued, closed, and 11 vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before two (2) years from City Council's adoption of this Ordinance. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION 1 21 22 That the hereinafter described portion of unimproved, unnamed Right-of-Way 23 (the "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions 24 being met on or before two (2) years from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "HATCHED AREA DENOTES AREA 29 PROPOSED FOR CLOSURE 7.5' X 50' OR 375 S.F.", as 30 shown on that certain street closure exhibit entitled: "STREET 31 CLOSURE EXHIBIT OF LOT 4, BLOCK 18, "CROATAN 32 BEACH" (M.B. 24, P. 37) FOR STEPHEN DONNINI & 33 ASHLEY DONNINI" Scale: 1" = 20', dated May 20, 2026, 34 prepared by Tidewater Surveying, a copy of which is attached 35 hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before two (2) years from City 40 Council's adoption of this ordinance: 41 42 No GPIN Assigned (City Right-of-Way) 43 Adjacent GPIN: 2426-38-3626 44 1. The City Attorney's Office shall make the final determination regarding ownership 45 of the underlying fee. The purchase price to be paid to the City shall be 46 determined according to the "Policy Regarding Purchase of City's Interest in 47 Streets Pursuant to Street Closures," approved by City Council. Copies of the 48 policy are available in the Planning Department. It has been determined that the 49 purchase price to be paid to the City shall be $3,000.00, which is consistent with 50 similar street closures in this area. 51 2. The applicant shall resubdivide the property and vacate internal lot lines to 52 incorporate the closed area into the adjoining lot. The resubdivision plat must be 53 submitted and approved for recordation prior to the final street closure approval. 54 Said plat shall include the dedication of a 7.5-foot public drainage easement over 55 the closed portion of the alley to the City of Virginia Beach, subject to the approval 56 of the Department of Public Works, and the City Attorney's Office, which 57 easement shall include a right of reasonable ingress and egress. 58 3. The applicant shall verify that no private utilities exist within the Right-of-Way 59 proposed for closure. If private utilities do exist, easements satisfactory to the 60 utility company, must be provided and shall be recorded after the final 61 resubdivision plat is recorded with the Clerk of Circuit Court. 62 4. The existing shed along the southern property line shall be removed from the site 63 unless a variance is granted by the Board of Zoning Appeals. 64 5. The existing gazebo shall be removed prior to final street closure approval. 65 6. Prior to the finalization of the street closure, if any improvements are to remain or 66 be constructed in the public drainage easement to be dedicated to the City of 67 Virginia Beach as set forth in Condition 2, the applicant shall apply for an 68 encroachment agreement with the City for the improvements located or to be 69 located in the public drainage easement. 70 7. Closure of the Right-of-Way shall be contingent upon compliance with the above 71 stated conditions within 730 days of approval by City Council. If the conditions 72 noted above are not accomplished and the final plat is not approved for 73 recordation within two years of the City Council vote to close the right-of-way this 74 approval shall be considered null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before November 16, 2028, this 79 Ordinance will be deemed null and void without further action by the City Council. 80 81 2. If all conditions are met on or before November 16, 2028, the date of final closure 82 is the date the street closure ordinance is recorded by the City Attorney. 83 3. In the event the City of Virginia Beach has any interest in the underlying fee, the 84 City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents 86 are approved by the City Attorney's Office. 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 90 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 91 VIRGINIA BEACH (as "Grantor") and ASHLEY DONNINI AND STEPHEN DONNINI 92 ("Grantee"). 93 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 94 of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorne CA16765 November 4, 2026 THIS EXHIBIT REFERS TO THE THE SAME LOT THIS IS TO CERTIFY THAT ON MAY 18, 2026 I RECORDED IN THE CLERKS OFFICE OF THE SURVEYED THE PROPERTY DEPICTED ON THIS PLAT, CIRCUIT COURT OF THE CITY OF VIRGINIA AND THE TITLE LINES AND BUILDING WALLS ARE AS BEACH, VIRGINIA IN INST. #202403043948. SHOWN HEREON, 20' 0' 10' 20' 40' THE IMPROVEMENTS LIE STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO VISIBLE ENCROACHMENTS EXCEPT AS SHOWN. SCALE IN FEET 1" = 20' LOT 17 LOT 16,BLOCK 18 LOT 15 BLOCK 18 N/F BLOCK 18 N/F RICHARD P SCHROEDER N/F PATRICKSTEPHEN AGNEW 00 n HELENE D SCHROEDER p, M JEFFREY DALELENGKEEK ELLEN 1,1ARGARET FOURNIER-HOCKINGGPINQlm :2 4 2 6 3 846170000 N GPIN.:24263847530000 O OVER MARGUERITE LENGKEEK x x 0.20' GPIN.:24263846640000 FIRE � i TO BE STONE STEPS PIT 7)_ GAZEBO REMOVED15'UNIMPROVED REo co 15'UNIIPROVED ALLEY(M.S.24,PG.37) L6 ALLEY(M.B.24,PG.37) HATCHED AREA DENOTESjc, w - J LINE TABLE AREA PROPOSED FOR CLOSURE ~POOL'- -- j1 _ �, 7.5'x 50'OR 375 S.F.°-' I. -. v 'oLine# Length Direction . ::40.08' L1 50.00 54°14' 15"E 16.4' 1 r Lu 1 r In , m 5.7' 1 1 16.3' N ltrr SHED L) 1 v- n r1 � r 1 co v r 1 Z r 1 0.20' v LOT 5 BLOCK 18 wI LOT 3 N/F �O &PIN.: BLOCK 18 JULIA ELLEN KELLER 24263836260000 r AIC NE REVOCABLE LIVING TRUST ERIC T NILSEN, N &PIN:242b3837110000 JANI L NIELSE GPIN.24263836510000 16.0' T17.61' BRICK WALL 22.4' ` O 14 O 3. 88' O O M.B. 24, PG. 37 ° LOT 4 Ln BLOCK 18 < v rn .< 0.1148 AC. N 00 '. } 150.00'TO VIRGINIA AVENUE IPF N4014'15"W 50.00' PP IPF SURFSIOE AVENUE (FORMERLY LAKE AVENUE)(M.B.24,PG.37) (50'PUBLIC A/W) SHEET 1 OF 1 "EX1 IIBT7"A " THIS DWELLING APPEARS TO STREET CLOSURE BE LOCATED IN FLOOD �J TH pF HAZARD ZONE X. REF. ' If LOTX4,IBIT OF , lS MADE TO F.E.M.A. MAP "CROA TAN BEACH" COMM. 115155J 1-JO 128G (M.B. 24, PG. J7) EFFECTIVE: 1/16/2015 o RG�3 DM�I l FOR THIS EXHIBIT WAS PREPARED DONNINI WITHOUT BENEFIT OF A 5 Ll�. N CURRENT TITLE REPORT. N0. 0 220 & ASHLEY PONNIN1 HIS EXHIBIT IS FOR STREET 05-20-26 PURPOSES ONLYTIDEWATER5URVEYING TSury FILE: 26-04-248 NDSURE DOES NOT CONSTITUTE AND SuF"A- www.TSurv.com - JJ5-7181 DRAWN-El - CK'D: RMD A SUBDIVISION OF LAND Agenda I • • i Stephen Donnini CouncilPlanning Commission Public Hearing: September 9, 2026 City • Project Details Request Street Closure (7.5'xS0' portion of an unnamed, unimproved 15-foot-wide alley) Staff Recommendation Approval i - t ZROnIAN Staff Planner Alexis Bailey ��`E�`�a\1' AdjacentAddress 624 Surfside Avenue Adjacent GPIN 2426383626 1 L s Site Size 375 square feet AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Atlantic Ocean Existing Land Use and Zoning District Unimproved right-of-way Surrounding Land Uses and Zoning Districts North Single-family dwelling/ R-10 Residential South Single-family dwelling/ R-10 Residential East Single-family dwelling/ R-10 Residential West Single-family dwelling/ R-10 Residential Ashley & Stephen Donnini Agenda Item 4 page 1 of 10 Background & Summary of Proposal • The applicant is requesting to close a 7.5-foot-wide portion of the unimproved 15-foot-wide right-of-way adjacent to 624 Surfside Avenue. The area proposed for closure equates to approximately 375 square feet. • The portion of the alley to be closed currently contains accessory structures, including a gazebo, retaining wall, and fire pit installed by 624 Surfside Avenue. Additionally, a shed was constructed outside of the area to be closed that does not meet the required side yard setback. A Zoning Violation has been issued as these structures were erected without permit approval and do not meet the required side and rear yard setbacks. Zoning • # Request 2 1 STC Approved 05/19/2026 2 STC Approved 03/17/2026 `r1 RlO R�10 ' I Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT.,Alternative Compliance Evaluation : Recommendation As required by City Code, a Viewers' Meeting was held on August 3, 2026, that included City Staff from the Departments of Public Works, Public Utilities, Planning & Community Development, and the City Attorney's Office, to consider this request. The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable. Ashley& Stephen Donnini Agenda Item 4 page 2 of 10 Several similar requests have been reviewed and approved by the City Council for the closure of alleys within the Croatan neighborhood. Consistent with those approvals, Condition 2 is recommended below whereby the City of Virginia Beach will retain a minimum 7.5-foot-wide public drainage easement over the closed portion of the alley. Based on the consideration above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a 7.5-foot public drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist,easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. The existing shed along the southern property line shall be removed from the site unless a variance is granted by the Board of Zoning Appeals. 5. The existing gazebo shall be removed prior to final street closure approval. 6. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public drainage easement to be dedicated to the City of Virginia Beach as set forth in Condition 2,the applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public drainage easement. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Ashley&Stephen Donnini Agenda Item 4 page 3 of 10 Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed. There are no known historic or cultural resources that will be affected by this project. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 10, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,August 26, 2026,and September 2, 2026. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of virginiabeach.gov/pc on September 3, 2026. Ashley&Stephen Donnini Agenda item 4 page 4 of 10 ClosureStreet THIS !S TO CERTIFY 7NAT ON MAY 1B, 2026 1 THIS EXHIBIT REFERS TO THE THE SAME LOT CO SURVEYED THE PROPERTY DEPICTED ON 7741S PLAT CIRCUIT , C T IN THE CLERKS OFFICE OF THE COURT OF THE CITY OF VIRCINIA AND THE T17-LE LINES AND BUILOING WALLS ARE AS BEACH, VIRGINIA IN INST. #202403043948. SHOWN HEREON. 0' ia' 20' 40' THE &PROVEMENTS LIE STRICTLY W17HIN THE 77TLE LINES AND THERE ARE NO VISIBLE ENCROACHMENTS EXCEPT AS SHOWN. SCAIZ IN FSCt 1- = 2Q' LOT 17 LOT 16,BLOCK 18 LOT 18 BLOCK 18 WF BLOCK 18 WF RICHARDP 5CHROEDER N/F PATRICK STEPF194 AQ*W O0 F+ WtENE D sc1 IItOEDER ELLEN"OARETFOURWIER�44OCKIWG a-PETAIN" 6PMr2 4 2 63 846 170000 JEFFREYDALELEFYKEEK CPM;24263847530000 OYERHAIJCa " MARGiiERITE LENtzK6EK 0201 6PM:24263846640000 FIRE I5'UNIAIPROYEO �� i� TO BE STONE STEPSPIT ALLEY(Al..24,PG.37). AZEBO- REMOVED 18'tM[RFROVED pD _ ALLEY(MB.24,PF.37) j � W ALLEYIW(M8.224,PO.37) LI. HATCNEO AREA DENOTES -• LINE TABLE AREA PROPOSED FOR CLOSURE 7.6'x60'OR376S.F."** p U. Le rgth DYection O r 008, L1 I 50DQ 54°14'MT iv 16.4' -- m �r i '1 16.3` ii r SPIED i'n rir r1 cD r r Z LOT 6 �� ``. '�` ' LOT3 BLO T f8 \�.'�'" WF . 24263036260OW 81N18 JULIA ELLEN KELL ER �`+� \`� �A/C ERIN TE LNIESN REVOCABLE LIVING TRUST 0.'- [TTT���� JANICE L NIELSBd 6PIN:24 2 63 83 71Ki0C0 `�.. .. L_J GPM.24 2 63 8 36610000 16.0' 7AV BRICK wAu 01 22.4' 46 �. g 3.98 g iC1 O10j LOT 4 BLOCK 16 'ouo QINB AC. " O; 14 16000'ro 1 VIPIMIZA AVENUE --'————— IPF N4°14"I5"W 50.00' F➢ — SURF5IDE AVENUE r (FORX.ERLY LAKE AVENL MB.24,P0.37) SHEET i OF 1 (50"PWLIC R� 'EXKI VT A" THIS DWELLING APPEARS TO STREET CLOSURE BE LOCATED IN ROOD ALTH op EXHIBIT OF HAZARD ZONE X. REF. Trf LOT4,BIT OF , IS MADE TO F.E.M.A. MAP 10T TAN BEACH" COMM. 1515531-1012BG (1.R 24, PG. CH EFFECTIVE.• V1612015 I>.VtIS THIS EXHIBIT WAS PREPARED FOR STEPHE P"INI CURRENT 777 l LE REPORT. N0.0 220 & AStiEY PONNINI HIS EXHIBIT 1S FOR SIRE 05-20-26CLORP Q 1-1DEWATCRSURV`t)1N1G TSury FILE: 26-04-248 NDS DOES NOT CONS ONE 9y0 SUM 40 www.TSurv.com JJ5-7J81 DRAWN-EI N CK`D: RMD A SUBDMSION OF LAND Ashley&Stephen Donnini Agenda Item 4 page 5 of 10 ClosureStreet • TNl5 1S TO CERTIFY THAT ON MAY 18, 2U21i t RECORDED THIS EXHIBIT REFERS TO THE THE SAME LOT SURAWO THE. PROPERTYCIRCUIT IN THE CLERKS OFFICE OF THE DEPICTED ON TE11•S PLAT C CIRCUIT COURT OF THE CITY OF YIRCINIA AND T1!£ TITLE LINES AND BU1101NG WALLS ARE AS BEACH, YIRGINIA IN INST. #202403043948, SHOWN HEREON IT 10, 2v 40' TIIE IMPROVEMENTS LIE STRICTLY W7HIN TUC TITLE LINES AND THERE ARC NO VISIBLE ENCROACHMENTS EXCEPT AS SHOWN. SCAB IN ?w 3" _ V LOT 17 LOT E6,W K u LOT ID ELOtc IS till, �OcY1i IOF A ICI URD P$0AO(t4 A p PATRUS(STEE'P4 A:tdW .,� !� f€"t,Yf&OEOER ELL01AAAFfrAAET TOURNLER41CK1l X "E fBIN 242k8545rnm MAPA' 41Trt w'"tK n AUASLKAI tE ttE.Y.+(fEtK MIN EN 7A2 W!A MILY�ryJ 04FREU►Yr _ �, G#t1++ti26iMb644d00 ((� tME i5 wonoyff) TO BE SEOEF SIEPS t(( f�f,f1T Att"(#At t4,qi.�1j�; AZE REMOVED 15,V LI Mn '+E Lr AL4EY(ht6 24•P6 37) ih` '. `', w'�r. E a� .�'*vy..;°4.w' Alto,ZMUMLR6�K2Ac0vb � � n LI ' S� �j 4 "14A T04KDAa£AWNOIE5^"" ,�' L[NBM" Al EAPROT05EtrfORa0$UQE POOL-.% 7.5'.50•Ok 375 5 F.�•• 8 �f..,":1, iEna lJ LngEh OiPcctiorE 8 t LI woo 1$4•I4'16'E ; n 16.4' W _ T 16.3' T FRO o 2;C AREA PROPOSED FOP, i F—]CLOSURE 030' v LOTS ., LOTS JULIAA Ei�1KELLER �^v� "f' 2i187bJG2kfC94 ,Alf RI PGKK to CEYCY�Aiai€L[YIt Ye TRUS `\ I ERI4 T NIEISEN,.TR G.IN 14ZLOV71 ti JAIRCE LPttfLSEN A SEPARATE ENCROACHMENT 16,0' �r AGREEMENT,APPROVED 6Y L °' THE CITY COUNCIL,WILL BE 395 REQUIRED FOR ANY ��- ? ,ttR 24,Pb 3, IMPROVEMENTSti'IiTt{IN THE ; CLOSURE AREA TH,4T WILL BE SUBJECT TO THE LOT 4 4 C£NETITI0NEO PUBLIC �o')AC m DRAINAGE EASENIENT(S) N WW o VIWIMA AMIA SURFSIU[ AVENUE (POR.S+my,AXT,A42h'l()�>AR 24,TG31) (w►4PL 26 R?� SHEFT 1 OF t 'EYW81T A" TV/5 DWELLING APPEARS TO STREET CLOSURE HE LOCATED IN F(•OOD �,LTH 0p SIr OF HdxARD T.O,Nf X. R£1: L' /f LOTx4,l&OCYiB, IS MADE TO rE.M.A. AMP a� r 'LROA Btlk a, C01AM. j'5 1 553 1-10 1 28G (M.B. 24, PG. 37) EitECTiVt f/JSj20T5 Rl THIS EXHWIT WAS PREPARE-D MR WI Doi Ida THOUI BENEF11 Of A STEPHEN EY vc�(r,ilt CURRENT 711IL' REPORT, NO.0 220 ills EXH/BIT !S FOR SIRE£ CLOSURE' PURPOSE'S DNL,Y C9�0-2D-26��� rIr,E%k'ATER_0KVfY-NCZ TSury F7LE• 26-04-248 ND DOES NOT CONSTIIUIE SURV www.TSurvxom .- 335-71Bt DR WN•-El N CXO• RMD I A SUBDAISIO,N OF 1AN0 Ashley& Stephen Donnini Agenda Item 4 page 6 of 10 Site Photos r. •.•- a i Disclosure B • Disclosure StatementBEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards,commissions, or other bodies. SECTION APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Ashley and Stephen Donnini Is Applicant also the Owner of the subject property? Yest�)No© if no,Property Owner must complete SECTiO//N��2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes0- No0 If yes,name Representative: Gerald"Jerry"Harris,Esq., Hanger Law Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNoO if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity?relationship with the applicant,(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes }No • If yes,name proposed or pending purchaser,, KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Interest In the subject land or any proposed development contingent on the subject public action? Yeso No(F) If yes,name the official or employee,and describe(lie nature of their interest, F— I I.-------- — —1 APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The nome of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity_and_lor individual) Financing(mortgage,deeds of trust, O O cross-col late ralization,etc.) _ Real Estate Broker/Agent/Realtor ® Q Disclosure Statement I rev. May•2024 page 1 of 3 Ashley& Stephen Donnini Agenda Item 4 page 8 of 10 Disclosure SECTIONt SERVICE YES NO SERVICE PROVIDER dame entity and/or individual Accounting/Tax Return Preparation 0 Q Architect/Designer/Landscape O Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent 0 Rob D'Angioliilo,PLS-Tidewater Surveying Legal Services Q 0 Jerry Harris,Esq.-Hanger Law 4W APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form Is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein three weeks pr' to the me tin of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body o(co ;nittee in can ection with this application. Ashley and Stephen Donnlnl�j t r ka t — 6/3O/26 Applicant Name(Print) Applicant Sign ture Date t"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting powerof another corporoNon."see State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiory relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(6) a controlling owner in one entity is also a controlling owner In the other entity,or I'di)there is shared monogement or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities. See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Ashley&Stephen Donnini Agenda Item 4 page 9 of 10 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.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. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Ashley&Stephen Donnini Agenda Item 4 page 10 of 10 v -n R1 a R=1"Q R10 Site Ashley & Stephen Donnini zoning Adjacent to 624 Surfside Avenue '= Property Polygons Feat 0 10 20 40 60 80 Map created by Planning Department on 9/8/2026 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting item #4 Ashley & Stephen Donnini Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on our agenda is Item 4, and that is the application by Ashley and Stephen Donnini. Is there anyone here on behalf of this application? Please come up, sir, and state your name for the record. Mr. Harris: Chairman Coston, members of the Commission, Jerry Harris with Hanger Law, Virginia Beach, as the representative for the applicant. We've reviewed the staff report, and my clients are prepared to consent to the conditions. I thank you for being on the consent agenda today. Ms. Byler: Thank you, sir. If you would have a seat and stay,in case there are any questions. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Conuliissioner Schoonover to read it into the record. Ms. Schoonover: The applicants, Ashley and Steven Donnini, are requesting a street closure at 624 Surfside Avenue. This is a reasonable request and has been placed on the consent agenda. Ms. Byler: Thank you. (The folloii,ing dialogue reflects the discussion to approve the minutes as a part of'the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, three records of minutes, and Items number 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19. I make a motion that these matters be added. Ms. Cuellar: Second. Mr. Coston: It has been moved by Vice Chair Byler and seconded by Commissioner Cuellar. Is there anybody abstaining from this vote? Mr. Plundee: I'm abstaining from the single item of the minutes from the visit. The visits always happen before I am able to conduct my conflicts check,and therefore I do not attend them until I understand whether there's a conflict. Thank you. Mr. Coston: Madam Clerk. Could you please open the vote? Clerk: The vote is open. Commissioner Mooriani your vote. By a recorded vote of 10 to 0, with the aforementioned abstentions, all aforementioned minutes and Items 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19 have been recommended for approval by consent. Mr. Coston: Thank you, Madam Clerk. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applications, applicants on the consent agenda, thank you for your participation, and you may remain in the meeting, or you may either virtually or in person. But you're free to leave. Vote Tally Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X C o s t o n Chair X Moor'ani X Mauch X Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee, The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a 7.5-foot public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. The existing shed along the southern property line shall be removed from the site unless a variance is granted by the Board of Zoning Appeals. S. The existing gazebo shall be removed prior to final street closure approval. 6. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public drainage easement to be dedicated to the City of Virginia Beach as set forth in Condition 2,the applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public drainage easement. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 1�z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CORPORATE LANDING PKWY DEVELOPMENT, LLC [Applicant] CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY [Property Owner] Modification of Proffers to a Conditional Rezoning and Conditional Use Permit (Bulk Storage Yard) for a portion of the property directly north of 1900 Corporate Landing Parkway (GPIN 2415233098 to become GPIN 2415232190). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: November 17, 2026 IN Background: The applicant is requesting a Modification of Proffers and a Conditional Use Permit for a Bulk Storage Yard to develop the site with an outdoor storage yard on a portion of this 32.36-acre 1-1 Light Industrial District zoned parcel. The site is located within Special Economic Growth Area (SEGA) 3- South Oceana and is within the greater than 75 dB noise zone. The proposed use of a bulk storage yard is considered a compatible use within the noise zone. The site is located within the Corporate Landing Business Park and is subject to the Corporate Landing Business Park Design Guidelines. The applicant is the contract purchaser of an approximately 16-acre portion of the property that is proposed to be subdivided from the larger parcel, the subdivision plat for which has been conditionally approved. On November 9, 1993, City Council approved a Conditional Rezoning from AG-1 Agricultural District to Conditional 1-1 Light Industrial District. The proffers were subsequently modified in 1996 and again in 2021. Proffer 4 of the 2021 Modification stated that, except for permanent facility construction, exterior storage shall be prohibited. As such, a Modification of Proffers is required for the proposed use. The outdoor storage yard is intended to store construction materials, roofing supplies, tools, equipment, vehicles, trailers, and other contractor-related items related to the applicant's business. The applicant also intends to construct an approximately 33,000-square-foot warehouse building on site, which is permitted by right. In accordance with Section 228 of the Zoning Ordinance, the Bulk Storage Yard is required to provide Category VI screening, consisting of a six-foot solid fence with Category I plantings. The applicant is requesting a deviation from the required fencing through the provisions of Section 221(i) of the Zoning Ordinance. The Corporate Landing Pkwy Development, LLC Page 2 of 5 submitted concept plan and fence exhibit include Category I landscaping around the entire perimeter of the site; however, the applicant is requesting a deviation to allow the installation of an eight-foot-tall decorative, perforated metal fence along the northwest and southeast perimeter and an eight-foot-tall black vinyl-coated chain-link fence with privacy slats along the east perimeter. The area proposed for the chain-link fence will not be visible from the public right-of-way and is adjacent to existing vegetation on the site that is proposed to remain. ■ Considerations: The property is located within the greater than 75 dB noise zone and is identified in the imagineVB 2040 Comprehensive Plan as being within an Industrial and Logistics Place Type. These areas are intended to provide a well-landscaped, buffered setting for large-scale industrial, logistics, and warehousing uses, along with supporting services and retailers. The proposed Bulk Storage Yard aligns with the Comprehensive Plan's land use policies for this area, as most of the surrounding land is envisioned for commercial and industrial uses, specifically those compatible with Naval flight operations. The site is located adjacent to Corporate Landing Parkway, Dunwoody Park, and residential properties at the rear of the site. To minimize the visual and operational impacts of the proposed facility, the applicant is proposing to locate the bulk storage yard behind the building and to retain existing on-site vegetation outside the limits of disturbance. The overall development proposal, including the proposed outdoor storage yard and decorative metal fencing, was presented to the Virginia Beach Development Authority (VBDA) on September 8, 2026, and received unanimous support. As the overall design of the site is finalized, including detailed building elevations and renderings, the project will be presented to the VBDA again for approval of the final building design in accordance with the Corporate Landing Business Park Design Guidelines. There were two speakers in opposition at the Planning Commission hearing, who cited concerns with the use of the site for bulk storage, visual impacts, and fencing. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On October 14, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. Modification of Proffers Proffer 1 Corporate Landing Pkwy Development, LLC Page 3 of 5 All Proffers remain in full force and effect except that Proffer number 4 as contained in the 2022 Proffers is hereby deleted in its entirety and shall be replaced with the following new Proffer numbered 4: "4. Exterior storage shall be permitted upon the Property and, when developed, shall be developed substantially as shown on the plans and materials submitted in connection with the Modification of Proffers Application with City application number 2026-PCCC-00155 and titled "TST Corporate Landing, Preliminary Development Plan, Virginia Beach, Virginia" prepared by AES Consulting Engineers, Job No. H10331-00, issued September 10, 2026, consisting of Sheets 1-3 depicting (i) site layout, (ii) proposed improvement summary and (iii) fencing material details (the "Development Plan"), which is incorporated herein by reference, and all of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. If any inconsistency is found among the Development Plan and written application, the more specific plan or document governing the condition at issue shall control, subject to final review and approval by the City. In addition to the Development Plan, (a) Exterior storage shall be limited to construction materials, supplies, tools, equipment, vehicles, trailers, and other items stored in support of the business operations of the owner and/or occupant of the Property. No third-party storage shall be permitted, and no portion of the Property shall be operated as a stand-alone storage business or storage facility for persons or entities other than the owner and/or occupant of the Property. (b) No items placed in exterior storage shall be visible from any public street or right-of-way. (c) All applicable requirements of the Corporate Landing Business Park Design Criteria (October 2021), as may be amended, including without limitation the requirements pertaining to fencing materials and building materials to be used shall be followed, provided that, in the event of any conflict between this Proffer 4 and Section 2.7 of the Design Criteria, this Proffer 4 shall control as to the Property. (d) All exterior storage activity shall observe quiet hours between the hours of 11:00 p.m. and 7:00 a.m., during which time no loading, unloading, or operation of machinery or equipment shall occur." Conditional Use Permit 1. The site shall be developed in substantial conformance with the conceptual plan entitled "TST Corporate Landing Preliminary Development Plan," dated September 10, 2026, prepared by AES Consulting Engineers, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. Corporate Landing Pkwy Development, LLC Page 4 of 5 2. The fencing shall be developed in substantial conformance with the exhibit entitled "TST Corporate Landing Preliminary Development Plan," Sheet 3 of 3 dated September 10, 2026, prepared by AES Consulting Engineers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 3. The location of the fencing shall be in substantial conformance with the exhibit entitled "TST Corporate Landing Fencing Location," dated September 17, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 4. The slats on the chain-link fencing shall be black and maintained in good condition, free of holes and breaks, for the duration of the use of the site as a Bulk Storage Yard. 5. The Bulk Storage Yard shall not encroach into the 75-foot landscape reservation area, depicted on the 1991 plat for Corporate Landing found in the Virginia Beach Land Records Map Book 216 Pages 80-90, unless and until such reservation area is vacated on a subsequent plat. 6. The outdoor storage materials shall not be stacked higher than the privacy fence enclosing the bulk storage yard area. 7. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 8. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. The security gates and the emergency operation shall be maintained operational at all times. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10. A final subdivision plat must be submitted for review, approval, and recordation for the lots being created. Corporate Landing Pkwy Development, LLC Page 5 of 5 11. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 12. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department �r i City Manager: Agenda• Applicant: Corporate Landing Pkwy Development, LLC • ••' of BeachDevelopment • CouncilPlanning Commission Public Hearing: October 14, 2026 VB_ City / • Project Details Requests Modification of Proffers Conditional Use Permit (Bulk Storage Yard) DAM"E`KR" DAM titGK ft� Mq/lrtY GAf;k/STNf Of Ol7gMNfC�kf Staff Recommendation Approval w kM,ryq _� pE4itMt1ER PKW'f .Q x W4 5r �HgNO k i Staff PlannerM Alexis Bailey I # z -is dI' � a, Hw r 9sr a S�Aep�y.. }. Location Parcel directly north of 1900 Corporate Landing 42� MAC Parkway GPIN 9 # fyy 2415233098 `AST( ek6 p <H©G Q'¢ J.v 17GABrry J. Site Size fyseGkiy oq ki ac��Hf�-rf kIN Ft�T 32.36 acres c o� poa � A/CUZ Greater than 75 dB DNL Watershed Southern Rivers _, ` +t yoR►.+ Existing Land Use and Zoning District Wooded lot/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districtso,� 9� =.r V_tq b Q£uam w. North Park, Single-family dwellings/ PD-H1 Planned Unit Ep�so Developmentti� sRDN South Corporate Landing Parkway Wooded lot/ 1-1 Light Industrial East General Booth Boulevard Wooded parcel/1-1 Light Industrial West Industrial office/ 1-1 Light Industrial Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 1 of 19 Background SummaryofProposal • The applicant is requesting a Modification of Proffers and a Conditional Use Permit for a Bulk Storage Yard to develop an outdoor storage yard on a portion of this 32.36-acre 1-1 Light Industrial District zoned parcel. • The outdoor storage yard will be used for the storage of construction materials, roofing supplies, tools, equipment,vehicles, trailers, and other contractor-related items. The applicant also intends to construct an approximately 33,000 square foot warehouse building on site, which is permitted by-right. • The site is located within Special Economic Growth Area (SEGA) 3-South Oceana and is within the greater than 75 dB noise zone. The proposed use of a bulk storage yard is considered a compatible use within the noise zone. • The site is located within the Corporate Landing Business Park and is subject to the Corporate Landing Business Park Design Guidelines. • On November 9, 1993, City Council approved a Conditional Rezoning from AG-1 Agricultural District to Conditional 1-1 Light Industrial District. The proffers were subsequently modified in 1996 and again in 2021. Proffer 4 of the 2021 Modification of Proffers stated that, except for permanent facility construction, exterior storage shall be prohibited, as such a Modification of Proffers is required for the proposed use. • Section 228 of the Zoning Ordinance requires the Bulk Storage Yard area to be enclosed by Category VI screening. Category VI consists of a minimum six-foot-tall solid fence with Category I plantings.The applicant is requesting a deviation from the required fencing and landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance.The submitted concept plan and fence exhibit, depicted on pages 12 and 13 of this report, include Category I landscaping around the entire perimeter of the site; however, the applicant is requesting a deviation to the installation of a solid fence. The applicant proposes an eight-foot-tall decorative, perforated metal fence along the northwest and southeast perimeter and an eight-foot-tall black vinyl-coated chain-link fence with privacy slats along the east perimeter. The area proposed for the chain-link fence will not be visible from the public right-of-way and is adjacent to existing vegetation on the site that is proposed to remain. • The overall development proposal, including the proposed outdoor storage yard and proposed decorative metal fencing, was presented to the Virginia Beach Development Authority(VBDA) on September 8, 2026, and received unanimous support. As the overall design of the site is finalized, to include detailed building elevations and renderings, the project will be presented to the VBDA again for approval of the final building design in accordance with the Corporate Landing Business Park Design Guidelines. Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 2 of 19 Zoning History # Request MDP Approved 07/09/2024 o MDC Approved 07/09/2024 A m _ PDH1 CRZ (AG-2 to Conditional B-2) Approved 1 co 11/28/2003 CUP(Car Wash Facility)Approved 11/28/2003 � 1 MDC Approved 11/28/2003 � mJ MDP Approved 09/13/1994 1��1 2 R15N' CRZ (AG-2 to Conditional B-2) ApprovedBS 04/27/1993 CUP(Fuel Sales, Convenience Store, & Car Wash) 11 /F F �1 Al2 /r Jl� / N +1c3 Approved 04/27/1993 MDP Approved 12/07/2021 / �t 2 MDC Approved 06/25/1996 / ,'` B2 CRZ (AG-1 Agricultural to Conditional 1-1 Light Application Types Industrial)Approved 06/25/1996 CUP: MDC:Modification of CRZ (Conditional B-2 Community Business to Conditional Conditions Conditional 1-1 Light Industrial) Approved Use Permit MDP: Modification of Proffers 3 03/19/2019 REZ: NON:Nonconforming Use CRZ (Conditional 1-1 Light Industrial to Rezoning STC:Street Closure Conditional B-2 Community Business)Approved CRZ: FVR:Floodplain Variance 03/19/2019 Conditional ALT Alternative Compliance 4 CUP(Fiber Optics Transmission Facility) Approved Rezoning SVR:Subdivision Variance 10/04/2016 LUP: Land Use Plan CRZ (AG-2 Agricultural to Conditional B-2 STR:Short Term Rental 5 Community Business District) Approved 12/08/2015 6 MDP Approved 03/17/2015 CUP (Church Extension (Portable Classroom)) 7 Approved 07/13/2004 CUP(Church Expansion/Parking Lot Addition) Approved 09/09/1997 8 CUP(Automobile Repair Garage) Approved 01/12/1999 9 CRZ (AG-1 Agricultural to Conditional R-5 Residential)Approved 07/06/1987 10 LUP (Dam Neck Estates) Approved 03/25/1985 Corporate Landing Pkwy Development, LiLC Agenda Items 4& 5 page 3 of 19 Evaluation • • . • In Staff's review, the requests for a Modification of Proffers and a Conditional Use Permit for a Bulk Storage Yard are acceptable. The property is located within the greater than 75 dB DNL noise zone and is identified in the imagineVB 2040 Comprehensive Plan as being within an Industrial and Logistics Place Type.These areas are intended to provide a well-landscaped, buffered setting for large-scale industrial, logistics, and warehousing uses, along with supporting services and retailers. The proposed Bulk Storage Yard is consistent with the Comprehensive Plan's land use policies for this area, as the majority of the land in the vicinity is envisioned for commercial and industrial uses and, more specifically, uses that are compatible with Naval flight operations. The site is located adjacent to Corporate Landing Parkway, Dunwoody Park, and residential properties at the rear of the site.To minimize the visual and operational impacts of the proposed facility from the right-of-way and surrounding residences,the applicant is proposing to locate the bulk storage yard behind the building and is proposing to retain existing on-site vegetation outside the limits of disturbance. As stated previously, the applicant is requesting a deviation to the required fencing through the provisions of Section 221(i) of the Zoning Ordinance, and is proposing a decorative black perforated metal fence along the northwest and southeast edges of the bulk storage yard and a black vinyl-coated chain link fence along the east edge of the storage yard. In Staff's view, the requested deviations are acceptable, given that the proposed bulk storage yard will have little to no visibility from the right-of-way as a result of landscaping along the perimeter of the site. For the portions of the bulk storage yard that will have limited visibility from the right-of- way, as well as the portion of the storage yard that is visible from the adjacent property, which is also owned by the applicant, the concept plan depicts a decorative metal fence, and though it is perforated, staff feels it meets the intent of the Ordinance requirement and, when coupled with the landscaping, will effectively screen the proposed storage yard. The applicant is only proposing to install the vinyl-coated chain link fence along the eastern edge of the storage yard that is not visible from the right-of-way or the adjacent property. In Staff's view, the proposed use is compatible with the other industrial uses located within the Corporate Landing Business Park and is deemed compatible with Naval flight operations. As such, Staff recommends approval of this request subject to the proffers, conditions, and exhibits below. Eme The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proflei-1 Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 4 of 19 All Proffers remain in full force and effect except that Proffer number 4 as contained in the 2022 Proffers is hereby deleted in its entirety and shall be replaced with the following new Proffer numbered 4: "4. Exterior storage shall be permitted upon the Property and, when developed, shall be developed substantially as shown on the plans and materials submitted in connection with the Modification of Proffers Application with City application number 2026-PCCC-00155 and titled "TST Corporate Landing, Preliminary Development Plan, Virginia Beach, Virginia" prepared by AES Consulting Engineers, Job No. H10331-00, issued September 10, 2026, consisting of Sheets 1-3 depicting(i) site layout, (ii) proposed improvement summary and(iii)fencing material details (the "Development Plan"),which is incorporated herein by reference,and all of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. If any inconsistency is found among the Development Plan and written application, the more specific plan or document governing the condition at issue shall control, subject to final review and approval by the City. In addition to the Development Plan, (a) Exterior storage shall be limited to construction materials,supplies,tools, equipment, vehicles, trailers, and other items stored in support of the business operations of the owner and/or occupant of the Property. No third-party storage shall be permitted, and no portion of the Property shall be operated as a stand-alone storage business or storage facility for persons or entities other than the owner and/or occupant of the Property. (b) No items placed in exterior storage shall be visible from any public street or right-of- way. (c) All applicable requirements of the Corporate Landing Business Park Design Criteria (October 2021), as may be amended, including without limitation the requirements pertaining to fencing materials and building materials to be used shall be followed, provided that, in the event of any conflict between this Proffer 4 and Section 2.7 of the Design Criteria, this Proffer 4 shall control as to the Property. (d) All exterior storage activity shall observe quiet hours between the hours of 11:00 p.m. and 7:00 a.m., during which time no loading, unloading, or operation of machinery or equipment shall occur." Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 5 of 19 2021 Proffers Proffer 1 The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. Proffer Excluding the Property specifically described on Exhibit A, the remaining parcels of land located within Corporate Landing and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect. Proffer 3 Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. Proffer Except for permanent facility construction, exterior storage shall be prohibited. Proffer Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited.The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact. Proffer 6 Temporary facilities, other than construction related facilities, shall not be permitted within the front yards and when located in the rear yards, shall be removed immediately upon completion of the permanent facility. Proffer 7 All loading docks and dumpster areas that are visible from the lake area or street shall be screened with a wall a minimum of 8 ft. that matches the materials used on the building. Dumpsters shall also be gated.The screen wall shall be softened in its entirety with shrubs and trees. The extent of the screen wall and landscaping shall be subject to VBDA approval. Proffer 8 Those uses permitted in 1-1 and B-2 zoning are permitted on the Property. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. Proffer The following lists the minimum parking lot setback requirements: a) Adjacent to Dam Neck Road 50 ft. b) Adjacent to Residential Neighborhoods 75 ft. c) Adjacent to General Booth Blvd. 75 ft. d) Adjacent to Corporate Landing Parkway 25 ft. e) Other Public Streets 20 ft. Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 6 of 19 f) Side & Rear Property Line 15 ft. g) Between Parking Lots and Buildings (excluding sidewalks) 10 ft. Proffer 10 The following are the parking requirements: a) Off-street parking must conform to Section 203 of the Zoning Ordinance as amended. b)The City's parking requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. c) Parking lot landscape standards shall conform to the City of Virginia Beach Landscape Guide as amended. Proffer 11 The Corporate Landing Business Park Design Criteria, dated October 2021, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, land use, responsibilities of the VBDA, grading, drainage, utilities, plantings, lighting, building design and orientation, building materials and color and signage in Corporate Landing. Recommended Conditions 1. The site shall be developed in substantial conformance with the conceptual plan entitled "TST Corporate Landing Preliminary Development Plan," dated September 10, 2026, prepared by AES Consulting Engineers, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The fencing shall be developed in substantial conformance with the exhibit entitled "TST Corporate Landing Preliminary Development Plan," Sheet 3 of 3 dated September 10, 2026, prepared by AES Consulting Engineers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 3. The location of the fencing shall be in substantial conformance with the exhibit entitled "TST Corporate Landing Fencing Location," dated September 17, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 4. The slats on the chain-link fencing shall be black and maintained in good condition, free of holes and breaks, for the duration of the use of the site as a Bulk Storage Yard. 5. The Bulk Storage Yard shall not encroach into the 75-foot landscape reservation area, depicted on the 1991 plat for Corporate Landing found in the Virginia Beach Land Records Map Book 216 Pages 80-90, unless and until such reservation area is vacated on a subsequent plat. Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 7 of 19 6. The outdoor storage materials shall not be stacked higher than the privacy fence enclosing the bulk storage yard area. 7. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 8. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch.The security gates and the emergency operation shall be maintained operational at all times. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10. A final subdivision plat must be submitted for review, approval, and recordation for the lots being created. 11.The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 12. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive • The site falls within an Industrial and Logistics Special Use Place Type and Special Economic Growth Area 3— South Oceana. A goal of the Industrial and Logistics Place Type is "provide a well-landscaped, buffered setting F Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 8 of 19 for large-scale industrial, logistics, and warehousing uses, along with supporting services and retailers" (p. 167, imagineVB 2040 Comprehensive Plan). ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traft Counts Street Name Present Volume Present Capacity Generated Traffic Corporate Landing 25,100 ADT 1(LOS 4 Existing Land Use 2-0 ADT 3,700 ADTl Parkway D„) Proposed Land Use 3-45 ADT 1 Average Daily Trips 2As defined by a 'As defined by a 'LOS = Level of vacant lot 32,300 sf warehouse Service Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Corporate Landing Parkway is a four-lane divided industrial collector roadway. It is not included in the MTP. No roadway CIP projects are slated for Corporate Landing Parkway. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water&Sewer There is a 12-inch city water main and an 8-inch city sanitary sewer gravity main along Corporate Landing Pkwy.The site must connect to city water and sanitary sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection, and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 14, 2026. Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 9 of 19 • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 30, 2026, and October 7, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on September 28, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage at virginiabeach.gov/pc on October 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 3, 2026 and November 10, 2026. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 2, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on November 13, 2026. Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 10 of 19 I � J ^ � ,t S �: Mr tl'1'6 MONA aAol / \�,�`I.i14W'NAG'N}Y.NN _ OJIhEY PNM � j� CY rt lalG C� -... ` Df.✓.Vp'u➢rY� OeI N-iM•Bf -D.a xv4 w.are. IAI 11i5-1} »N v./IIJOIC�N r W!N 1115-11-C11-0100 /9IDJal At. r r rr� JN• 'i•� :s ww ue 10 aTs1 u �• III t 1 rRNiG6flas.Lae RYUMfr.11w.. �/�,IiL bM— 1 �i I t'1 zl.ixY7T1oaCMa1l0 ' t t� �•,��,�r��o auu v./as ac � i• ,,wwrA sr. 1 Nva. f 1 . o visxi,s/i a#'i. �, /��• •�r I 1 �-�-T�"',,lj-y-y�., II �� } „ (D CL aq i -- - TST CORPORATE LANDING 616GemEder Cwtl363320 D < . Chesapeake,Urgnia 23320 Ph—17371/10-I/36 JOB:rD PRELIMINARY DEVELOPMENT PLAN 200• a 200• 400- CL fD ;- VIRGINIA BEACH,VIRGINIA v O; SEPTEMBER 10,2026 CONSULTING ENGINEERS SHEET 10F 3 SCALE:I"-200' Virginia I North Carolina West Virginia F m 3 (D N N � O `er lD lf1 t� Proposed Conceptual Development Plan N ZLU :Z f lie U l IL F r HILMANS,e � y a m f wa ' N o o� r W s a :3 �, 5��5 ly '1a 1� T t �v V\/ f� � •��t •• � � m�j W Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 12 of 19 Proposed Locations jV CL - Q O A m c JNu y ( FFi R7 �0 - t- -" •w - t _ to � �`�` �■ •� `• �� 4 1 i li ,. I auip ih C14 9-4 Corporate Landing Pkwy Development, LLC Agenda Items 4 & 5 page 13 of 19 VINYL COATED CHAIN LINK FENCE WITH PRIVACY SLATS - j �, _�. 1�_ _ tom:NTS -: -- DECORATIVE PERFORATED METAL FENCE SCALE:NTS C� O O 4J �D 1— a) D Q TST CORPORATE LANDING 816 G,..rb—Grtl..Sib F C1—ps.w.Mggp.—TA20 757)410-7436 77C PRELIMINARY DEVELOPMENT PLAN EFS G JOB:W0331 d0 VIRGINIA BEACH,VIRGINIA D -� SEPTEM13ER 10.2026 CONSULTING ENGINEERS O'Q SHEET 3 OF] (D 0 Virginia I North Carolina I West Virginia C rD Iv 0 m ;7 "O "D m 3 N 4�N �n I� � I— (.0 Ln n Site Photos l ff T y. 3 1�+55 r3 ��#ate -✓S Aw r Disclosure DisclosureCITY OF VB- BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Corporate Landing Pkwy Development, LLC Is Applicant also the Owner of the subject property? Yeso No& If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No0 If yes,name Representative: Gerald "Jerry" Harris, Hanger Law Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidia 1 or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Ryan Turner and Todd Scanlon Does the subject property have a proposed or pending purchaser? Yes • No If yes,name proposed or pending purchaser: Corporate Landing Pkwy Development, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No0 If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, Q © JP Morgan Chase cross-collateralization,etc.) Real Estate Broker/Agent/Realtor © E) Disclosure Statement I rev. May-2024 page 1 of 3 Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 16 of 19 Disclosure SECTIONAPPLICANT DISCL• -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Q Anderson Edwards,PLLC(Chris Anderson) Architect/Designer/Landscape 0 O Covington Hendrix-AES(Jon Covington and Jason Seas) Architect/Land Planner Construction Contractor 0 Q TST Tactical Defense Solutions(cba TST Roofing&Glazing) Engineer/Surveyor/Agent O Q Covington Hendrix-AES(Jon Covington and Jason Seas) Legal Services O Q Gerald"Jerry"Harris,Hanger Law APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Corporate Landing Pkwy Development,LLC by Ryan Turner 06/30/2026 Applicant Name(Print) WpkasA Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. d'Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 10/28/2026 Alexis Baile� _-- - jiit%4 �ii�eri 10L29/2026_ Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Corporate Landing PkW Development, LLC Agenda Items 4& 5 page 17 of 19 Disclosure SECTION - • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City of Virginia Beach Development Authority Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) Lisa M.Murphy(chair),William Brunke,Michael E.Hams,Donald Horsley,Akhil Jain,Eric Keplinger,Esmel Meeks, Penn MoEgan,David Weiner Guenter H.Weissenseel Does the subject property have a proposed or pending purchaser? Yes No0 If yes,name proposed or pending purchaser: Corporate Landing Pkwy Development, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No0 1 yes,name the o icial or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, 0 O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Legal Services Q 0 Alexander Stiles,Esq.,City Attorneys Office PROPERTY OWNER CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.l understand that, upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. City of Virginia Beach Development Authority Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Corporate Landing Pkwy Development, LLC Agenda Items 4 & 5 page 18 of 19 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Corporate Landing Pkwy Development, LLC Agenda Items 4& 5 page 19 of 19 Z J Q Du;nvcody PCA' PDH1 �`°%'°� RDH.1 C PDH1 C, a SFl GAL LF t l Ryq U 11 � '0 3Q V V 2 9F oc N PDH1 •� � �o B2 .yay c oss � c'0� 11 AG 1 eolso"i 1 m� RD J AG2 �A- 11 °mr B,e 11 Al2 R5D G11 11 �'►' ' GVNNHA��°� R5D ® site Corporate Landing Pkwy Development C� zoning Parcel directly north of 1900 Corporate Landing Parkway W7 0 Property Polygons Feet 0 115 230 460 690 920 Map created by Planning Department on 10/9/2026 AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS CORPORATE LANDING PKWY DEVELOPMENT, LLC, a Virginia limited liability company, CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia, TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this.?-?- day of SI; FUEA-,2026, by and between CORPORATE LANDING PKWY DEVELOPMENT, LLC, a Virginia limited liability company, party of the first part, Grantor; CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia, record owner of the hereinafter described property, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part, Grantee. WITNESSETH: WHEREAS, the City of Virginia Beach Development Authority is the owner of that certain parcel of property located in Election District D05 of the City of Virginia Beach, known as a portion of the Corporate Landing Business Park, containing approximately 1,409,833.45 square feet (approximately 32.37 acres), designated as GPIN GPIN: Part of 2415-22-7788-0000(as depicted as Parcel C2-A) Prepared By: Gerald"Jerry" Harris, Esquire VSB# 80446 Hanger Law 2000 Arctic Avenue Virginia Beach,Virginia 23451 2415-22-7788-0000, and described in Exhibit "A" which is attached hereto and incorporated herein by this reference(the"Corporate Landing Property");and WHEREAS, Corporate Landing Pkwy Development, LLC, as contract purchaser of a certain portion of the Corporate Landing Property which is to be subdivided and designated as Parcel C2-A (the "Property"), has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition and/or application addressed to the Grantee, so as to modify the existing conditions applicable to the Property which is zoned Conditional 1-1 Light Industrial District; and WHEREAS, the Grantors have requested the Grantee to permit this modification of the existing Proffered Covenants, Restrictions and Conditions dated January 19, 2022, and recorded on January 27, 2022 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 202203005905 (hereinafter the "2022 Proffers"); and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Corporate Landing Property, and at the same time to recognize the effects of change that will be created by the Grantors'proposed proffer modification, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' proffer modification application gives rise; and Page 2 of 9 WHEREAS,the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,the following amendment to the previously proffered conditions related to the physical development, operation, and use of the Property, to be incorporated as a part of the previously adopted amendment to the Zoning Map applicable to the Property. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended and modified declaration of covenants, conditions and restrictions governing the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants rwining with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives,assigns, grantees, and other successors in interest or title: 1. All Proffers remain in full force and effect except that Proffer number 4 as contained in the 2022 Proffers is hereby deleted in its entirety and shall be replaced with the following new Proffer numbered 4: "4. Exterior storage shall be permitted upon the Property and, when developed, shall be developed substantially as shown on the plans and materials submitted in connection with the Modification of Proffers Application with City application number 2026-PCCC-00155 and titled "TST Corporate Landing,Preliminary Development Plan,Virginia Beach, Page 3 of 9 Virginia" prepared by AES Consulting Engineers, Job No. H10331-00, issued September 10, 2026, consisting of Sheets 1-3 depicting (i) site layout, (ii) proposed improvement summary and (iii) fencing material details (the "Development Plan"), which is incorporated herein by reference, and all of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. If any inconsistency is found among the Development Plan and written application, the more specific plan or document governing the condition at issue shall control, subject to final review and approval by the City. In addition to the Development Plan, (a) Exterior storage shall be limited to construction materials, supplies, tools, equipment, vehicles, trailers, and other items stored in support of the business operations of the owner and/or occupant of the Property. No third-party storage shall be permitted, and no portion of the Property shall be operated as a stand-alone storage business or storage facility for persons or entities other than the owner and/or occupant of the Property. (b) No items placed in exterior storage shall be visible from any public street or right-of-way. (c) All applicable requirements of the Corporate Landing Business Park Design Criteria(October 2021),as may be amended,including without limitation the requirements pertaining to fencing materials and building materials to be used shall be followed, provided that, Page 4 of 9 in the event of any conflict between this Proffer 4 and Section 2.7 of the Design Criteria,this Proffer 4 shall control as to the Property. (d) All exterior storage activity shall observe quiet hours between the hours of 11:00 p.m.and 7:00 a.m.,during which time no loading, unloading,or operation of machinery or equipment shall occur." All references hereinabove to the I-1 Light Industrial Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in frill 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 owners 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, Page 5 of 9 as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority,on behalf of the governing body of the City of Virginia 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 Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,and indexed in the names of the Grantors and the Grantee. Page 6 of 9 WITNESS the following signatures and seals: Party of the First Part/Grantor: CORPORATE LANDING PKWY DEVELOPMENT, LLC, a Virginia limited liability company Zy' : '�(SEAL) e: tier Title: AAAIvAc,,.•Z, Matti COMMONWEALTH OF VIRGINIA CITY/COUNTY OF V j('Qj jO� eh , to-wit: The foregoing instrument was acknowledged before me this ?7_ day of s5WCM ,er , 2026, by Ryan Turner, as member of Corporate Landing Pkwy Development,LLC, a Virginia limited liability company, Grantor, on its behalf. Ndqaq Public My Commission Expires: 10 1311 Z030 Notary Registration Number: QpW2ZC401S NOTARY PUBLIC REG#00427495 •: n MY COMMISSION O • EXPIRES •,10/31/2030,: C� FA+V O Page 7 of 9 WITNESS the following signature and seal: Party of the Second Part/Grantor: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia By: SEAL) Name: L "t Ot t j Title:Chair — COMMONWEALTH OF VIRGINIA CITY/COUNTY OF No f�v i ,to-wit: The foregoing instrument was acknowledged before me this 22— day of S leenher , 202&, by L1514 0_J141►- of 6f of V r i,�i -uc/, e✓e-16 klen ,Grantor,on its behalf. f}u y Notary Public My Commission Expires: 30'Zy27 Notary Registration Number: /02Q 3 KATHLEEN V.REED Notary Pubk Commorrweaith of Virginia P40suat on Na 210M My Cow*3ion ExOcs S"L 30.2 0 21 Page 8 of 9 EXHIBIT "A" LEGAL DESCRIPTION CORPORATE LANDING PROPERTY All that certain piece or parcel of land located in the City of Virginia Beach, Virginia, containing approximately 1,409,833.45 square feet(approximately 32.37 acres), known as a portion of the Corporate Landing Business Park and designated as GPIN 2415- 22-7788-0000, and being more particularly described as follows: ALL THAT certain lot, piece or parcel of land lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL C," as shown on that certain plat entitled: "SUBDIVISION OF PARCEL 3-A-1-A-2 CORPORATE LANDING (IN. 20150604000514100) PROPERTY OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH,VIRGINIA", dated August 5, 2016,prepared by WPL, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20161129001083010,reference to which is made for a more particular description. GPIN: 2415-22-7788-0000 Page 9 of 9 Virginia Beach Planning Commission October 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #4 & 5 Corporate Landing Pkwy Development, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next items are Items 4 and 5, Corporate Landing Parkway Development,LLC. Mr. Coston: Please state your name for the record, sir. Mr. Harris: Yes. Good morning, Chairman, members of the commission. My name is Jerry Harris,with Hanger law in Virginia Beach,here, on behalf of my client TST Roofing and Glazing for Items 4 and 5. We stand before you today asking for approval of two items:first,a modification of proffers, and then also a conditional use permit. The reason these have to come in this order is because under the current proffered conditions for this corporate landing business park,there is an exception in the proffers for bulk storage. In discussions with the city, the operation that TST Roofing and Glazing is a multifaceted general contractor here in the City of Virginia Beach that's growing their operations. The purpose of this storage yard is to support that operation. They're going to put their, you know, equipment and materials, the things that they use to go around the Commonwealth of Virginia, down to North Carolina, and up and down the eastern Seaboard to store it there as an accessory, use, as we argued, to part of their property. The city didn't agree with that position, and therefore we now go through this process to modify the proffers to try and allow them to use "bulk storage" at this location. It's not bulk storage in the sense that there's going to be storage of third-party items for profit. It's not going to be wrecked cars. It's truly going to be items that support their business operation. And the reason it has to come in twofold is because we first have to modify only condition four of those commerce park requirements. We've been through the Economic Development Authority. We've gotten their unanimous approval. For the concepts that you have on your staff reports that you'll see here, you'll notice the warehouse space first, and their office buildings,that'll be a two- story building that supports their day-to-day operations. And then you'll see,just behind it is what we've labeled as the laydown yard. That's where you'll see this "bulk storage" happening. The intention of the applicant and my client is to have none of this visible from the roadway. You heard during your informal session some questions about the fencing. That fencing has gone through economic development. They're perforated metal fencing. It's a nice,high-quality fence, and we're going to put those where you can see it from any of the passing roadways. And then from there,you'll see that there's also the vinyl-clad chain-link fencing on the back of the property. And on the back of the property,we don't believe that will be visible. And then also in your plan, you'll see if you go back to the other page where those are going to happen. But most importantly, all the vegetation that exists on the property,that is behind the property that's a 75-foot vegetative buffer, as well as wetlands behind, it will also remain. So what we're hoping is that slight modification. If we go back to the other slide, to the fencing, that blue line that you see, it really is going to be visible from the roadway. And then also,there's going to be substantial vegetation between that location into the rear. So, with those things in mind, we are hoping that with the growth of this business that employs 160 folks within our community,it's a growing operation. They receive the benefit of an EDIP grant to help the growth of this business. We're in a good position with this property to stay on that corner that you see there, and enjoy the growth of a new business in this community. So, I would ask for your support of this application, and happy to answer any questions that you may have. I do understand it was pulled today because there are two speakers that have signed up. I will confess, I haven't had a chance to speak with them. I don't know what their opposition may or may not be to this application, so I'll just reserve the time to respond to that at the appropriate time. But otherwise,thank you for your consideration. Mr. Coston: Thank you, Madam Clerk. Call the speakers. Clerk: Our first speaker is John Newell. I don't have the card yet for the second speaker. Mr. Newell: Hi,there. Mr. Coston: Please state your name for the record. Mr.Newell: My name is John Newell. How much time is allotted again? I apologize. Mr. Coston: Three minutes. Mr. Newell: Okay. I would like to preface my written statement with an apology for any nervousness or errors in my speech, as well as I was unclear of the original proposal. I think I misinterpreted some things, and as well, this is my first time publicly speaking. So I would like to thank the board for their patience and this opportunity to speak. So,I saw a sign,a bright orange sign, about one month ago, today. It was probably outside of one of my favorite places to go recreationally. I don't know if anyone here has seen the photos, but it is a nice lake with a grass field around it. It's a very nice spot. And what I saw on the sign made me especially upset,to be honest. So upset, encouraged me to speak out publicly for the first time, like I said, and in bold handwriting, it stated that the city had plans to repurpose this beautiful, beautiful side of nature into a bulk storage yard. And to me personally, the idea to put a storage facility on General Booth Boulevard, in my opinion, is a big mistake by our local city government. Already,the street is oversaturated with many storage units already. However, these ones are for profit. New stores being constructed,the new McDonald's, even the selling of Malbon Bros. It shows that our community is losing what makes it so special in place of profit, in my opinion,and I believe that our community should be put first, not private interest. Like I said,there are many,I guess,growing places for income,and I think that is good. But I will say, if this type of development continues, in place of putting our people first, I think, honestly, this entire area will become overdeveloped and just gray, dull, and just not what it once was. I don't think this is the naivety of my youth speaking. I think,I've seen firsthand the real experience. I've seen as more development comes, I've seen less people outside,more people staying indoors. Just overall, it's not really good for our community. And I know what I said sounds very big,very scary. And while it is a hypothetical,I think it starts right here. Every decision and change has an impact, smaller, big, for better or for worse. So I propose a very big change for the benefit of our city, and my proposal is instead of building something adverse to our community, to enhance what's already there. By my account, there is, like I stated before, many storage facilities already, and not enough nature, not enough areas for our community to interact together. So, for my proposal, I was thinking to turn the land already there into a nice park,a good area for people to interact with each other and stay connected instead of serving private interests once again. Mr. Coston: Thank you, sir. Thank your time. It's expired. Mr. Newell: Yes, sir. Mr. Coston: Does anyone have any questions for the speaker? Ms. Schoonover: May I just ask real quick? This is my district. Are you talking about -- you mentioned some water. Are you talking about right off of Corporate Landing, there's water right over here. Is that what you're looking at? Mr. Newell: Yes,yes,yes. Ms. Schoonover: Okay. Mr. Newell: If I saw the zoning right, I thought the lines cut into there, but I could have been wrong. I apologize. Ms. Schoonover: No, it's okay. Are you aware that this is not exactly on Virginia General Booth Boulevard? It's actually back a little bit. See, I don't think you're gonna see this from the road. Are you aware of that? Mr. Newell: I was not actually. Ms. Schoonover: Okay,well,that's why I want to make sure,you know,because I don't think it's quite where you think it's going to be. So I'm not sure that it's as much of a concern for you, but it might be. So if you look up there on the map, oh, let's use this --this is my favorite thing ever. I've been wanting to use this. So,you see, right,there is General Booth Boulevard. Mr. Newell: Yes. Ms. Schoonover: And this is where that brewery is. It's going to be right back over here. So you're. I don't think you're going to see it from the road, really. Mr.Newell: I mean,I don't think it's about visibility. I think it's what it could be used for instead, not really if it's visible or not. Ms. Schoonover: Does it? Does it impact your view? It's part of his current business, and he's trying to expand,just to have a space to put the items he's using for his business. Did that change your view, as opposed to it being a for-profit storage facility? Mr. Newell: I believe so. Yes, in a way. Like I said before, I do apologize. I thought it was another rental storage unit place. I did misinterpret that, but I still believe that land could be repurposed for something more,bettering and nurturing for our community. Ms. Schoonover: Gotcha. I'm so glad you came today, and don't be nervous. We all get very nervous speaking public. So you did a really good job. Thank you. Mr. Newell: I very much appreciate it. Mr. Coston: Any further questions, Commissioner Mauch? Mr. Mauch: I'd like to thank you for coming today. First time public speaking is very nerve wracking. I remember my first time and I did not do nearly as well as you, and I think you did wonderful. I think your aspirations and your goals are wonderful. I think that this piece of property, we have to balance the private property's ability to do something as if it was public property. Would make it a little bit easier for us to have some wiggle room on what we can and can't allow there. But as far as a private property owner and his ability to do things,they've come through the process one time,and now they're asking,from a private property standpoint to modify it. So that they can further their business on their on their own property. I just wanted to make that a little bit clear because the private property aspect and then the public property aspect, I think those aspirational goals are right on target for what most people want. Continue doing what you're doing. Stay involved and stay encouraged to talk about the things that you find most important in our city because we need more people like that. So thank you. Mr. Newell: Thank you for your time. Thank you. Mr. Coston: May be seated. Clerk: Our final speaker is Brian Mance. Mr. Mance: Good afternoon. My name is Brian Mance. I'm a local resident and got the notice of this meeting for this property at the end of September. My concerns were the words "bulk storage." I live within the area that can be affected by this. I also work in this area. My company recently bought a property that is actually on your picture, and I know, we went through several hoops trying to get things done that we could not do, things that we can't have outside of the building,that we can't store things, and then,yeah, right up there,on the corner on the lake. So I understand corporate landing, and I think the aspiration of corporate landing is for less industrialized storage, changing the rules for what you can put on the property. I understand sometimes there's a need, but the bulk storage at one point, once this is changed, some companies may not be here for too long, for as long as they expect, or they may move and grow and have to expand further beyond what they can do here and go to a bigger site. Then this item has already been changed, and the next guy can come in and bulk store something else that we don't want in the neighborhood that isn't as pretty. Another item,I noticed is the picture he showed of the fence. To me, visually, it looked like a chain link fence. As a resident, I would not want to look at that ever. I hate chain link fences. How many of you have seen a chain link fence that looks nice? I don't think any of you have, and I don't think any of the residents in this area want to look at another chain link fence. That's pretty much all I had. It doesn't seem to fit what I think this area is. Thank you. Mr. Coston: Any questions? Thank you, sir. You may be seated. The applicant like to come back to rebut. Mr. Harris: Thank you, Mr. Chairman. I'll share the commission's support of Mr. Newell's exercising of his First Amendment, right. That's always nice to see a young man come and do those things. I think his confusion may have been clarified in some way about the nature of what is being proposed at this location, but on to Mr. Mance's raising some concerns about these, this particular area. I think it's important to recognize the proffers first. This is going to be very limited. It's only going to be limited to storage of the material, supplies and tools, equipment of this business, by its nature,there is specifically in the proper no third-party storage. No portion of the property will be operated as a standalone storage business or storage facilities for persons other than the entities and the owners that occupy that particular place. And then,in no circumstance,will the items placed in that exterior storage ever exceed the heights of this fence. So, if you're a layperson, I would suggest you walk by there. You wouldn't really even know that it's being used as a bulk storage yard, which kind of goes back to my first point about I would like to call it an accessory use. I can't do that because of the way that this city code is structured. But under those circumstances,you also have the benefit of 75 foot landscape buffer, followed by wetlands where this chain link fence is shown. And while I do agree that sometimes chain link fences are not the preferred aesthetic look, in this circumstance, it's really an obstructed view of a chain link fence that also includes that black vinyl wrapping and those slats. But with that,we would ask you to still consider the modification of properties and the conditions proposed for our laydown yard or bulk storage yard are appropriate, and we'd ask for that approval. Happy to answer any final questions. Mr. Coston: Any questions, Commissioner Camp? Mr. Camp: Thank you, thank you, sir. Maybe you can clarify for us what I was not able to get clarity on during the informal. When we compare the diagram that is being displayed right now, with page number 27 at the bottom corner. This is the one that has the colored boundaries showing different types of fencing. I'm going to be referring to that top area that is in blue, and if we compare that to the other diagram, I believe it's page number 27,that shows a different shape,with a different boundary extending up into the 70-foot. Please help me understand what's going on here. Mr. Harris: Sure, Commissioner Camp. Thank you for that question. Mr. Chair, I will let you know this has been a process that's been underway for about a year now between economic development, my client,and then through that process,we have to get the economic development support. During process of economic development,we have to meet the business park guidelines. In order to do that, we had to prepare these site plans. As part of the economic development discussion,there was an initial discussion that the 75-foot boundary could be waived. Then,during staff review for this commission, it was raised that there is an encroachment into that 75-foot buffer. So, what you're seeing there is a legacy site plan that was approved and seen by Economic Development that does encroach in that small portion into the 75-foot buffer. Staff then noted that and requested the addition of condition five, saying, "Well," You can't really do that until you properly vacate that portion through site plan, and we're here to tell you we're fine with that condition. In fact, I would even tell you that we've already asked our engineers to contemplate a new site plan for when we go through that to just pull that seventy-five feet back to handle it. So it is an inconsistency,your right to point it out,but it's really explained by the length of the process and the number of iterations,particularly having to go before both the economic development and this commission. Mr.Camp: So since,the final word on this is with city. Council,do you have the ability to clean this up in a finalized site plan that will be the site plan that accompanies this through City Council review? Mr. Harris: Yes, and in our discussions with the City Attorney's Office,we do have some other cleanup work that we have to do related to the subdivision that's happening over here. Because, as you may know or may not know, separate from this application. And maybe to Mr. Newell's pleasant surprise,my client is also helping the city through a cost participation agreement to build, at their expense, a new stormwater retention pond in the vacant portion next to it. So, as you can imagine, Commissioner Camp, there's a lot of work to still be done with that, and we'll clean all that up all at once. Mr. Camp: All right. Very good. Mr. Harris: Thank you. Mr. Camp: Can I have one other question for you, sir? Pardon me. Still recognized. The other point that I brought up in the informal was that this parcel came through for review not terribly long ago, and at that time,the particular condition to which you take exception was imposed, and all of the same parties looked at this and felt that that was the right way to govern this area, that bulk storage would not be permitted on this site. Why now, should these same bodies reconsider a decision that was made not too long ago in the other direction? What's the reason? Mr.Harris: Thank you, Commissioner,and Mr. Chair. I will say that as part of this body's good work, every. Every application has to come on its own merits. I won't speak to where maybe the pitfalls were on the last application. I do think ours is materially different, specifically because of the limitations being offered by Proffer and condition, not being visible at all from the roadway below the fence line, having a business that's going to be two stories tall. You know, as I mentioned, sort of tongue in cheek,I would defy a layperson to sort of even walk by this and even know that it was a bulk storage yard. It's not another one of these mini storage units. It's just so different than what we normally see in these bulk storage applications that I think that those material differences do carry the day in. What's different, because I can also appreciate that you don't want to have one application, come for bulk storage and say no, and then the next one, because then it looks like you're picking winners and losers, as opposed to,you know,perhaps the diligent work that you all do each day. So I think the proffers,combined with the conditions that we've agreed to already,would allay any fears that this is sort of opening a can of worms for this whole business park. You also have the benefit of economic development. Economic development enforces. These conditions through the Business Park and their development guidelines. We've already been through that process successfully,with the unanimous support. So I hope for that will give this commission confidence that this is the right application to accept our conditions. Mr. Camp: Thank you, sir. Mr. Coston: Any further discussion? Ms. Schoonover: Okay. I just wanted to clarify because I think the gentleman behind might not have heard what you said earlier. You are going to have things like bushes and whatnot, so you're not really going to see the fence that he's concerned about. Correct? Mr. Harris: That's correct. If we look here on your design outline,there's a hard black line that goes around where you see the fencing is going to be. All existing vegetation behind that fence line is going to be undisturbed. Ms. Schoonover: And this other question is just for staff, because I know that he was concerned that if they went away, somebody else could come and put bulk storage. They would still have to go through a process of approval for what was put there specifically, is that correct for staff? Staff: They would still need to comply with these conditions, so it's possible that a new business could move in and still comply with these conditions. Ms. Schoonover: But it was still a go through the regular process. It would be seen by other people and so forth. It wouldn't just happen. I just want to make sure for his on benefit. Thank you. Mr. Coston: Any other questions? Ms. Schoonover: Nobody go ahead and make a motion, if I may. Mr. Coston: Yes, ma'am. Ms. Schoonover: I'm going to approve the application. Ms. Moorjani: Second. Mr. Coston: It has been moved by Commissioner Schoonover and seconded by Commissioner Moorjani that we approve this item. Mr. Anderson: Mine's messing up, too. So, yay. Clerk: By recorded vote of 10 to 0, Items 4 and 5, Corporate Landing Development, LLC, have been recommended for approval. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Proffers Proffer 1 All Proffers remain in full force and effect except that Proffer number 4 as contained in the 2022 Proffers is hereby deleted in its entirety and shall be replaced with the following new Proffer numbered 4: 'A. Exterior storage shall be permitted upon the Property and, when developed, shall be developed substantially as shown on the plans and materials submitted in connection with the Modification of Proffers Application with City application number 2026-PCCC-00155 and titled "TST Corporate Landing, Preliminary Development Plan, Virginia Beach, Virginia" prepared by AES Consulting Engineers, Job No. H10331-00, issued September 10, 2026, consisting of Sheets 1-3 depicting (i) site layout, (ii) proposed improvement summary and (iii) fencing material details (the "Development Plan"), which is incorporated herein by reference, and all of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. If any inconsistency is found among the Development Plan and written application, the more specific plan or document governing the condition at issue shall control, subject to final review and approval by the City. In addition to the Development Plan, (a) Exterior storage shall be limited to construction materials, supplies, tools, equipment, vehicles, trailers, and other items stored in support of the business operations of the owner and/or occupant of the Property. No third-party storage shall be permitted, and no portion of the Property shall be operated as a stand-alone storage business or storage facility for persons or entities other than the owner and/or occupant of the Property. (b) No items placed in exterior storage shall be visible from any public street or right-of-way. (c) All applicable requirements of the Corporate Landing Business Park Design Criteria (October 2021), as may be amended, including without limitation the requirements pertaining to fencing materials and building materials to be used shall be followed, provided that, in the event of any conflict between this Proffer 4 and Section 2.7 of the Design Criteria, this Proffer 4 shall control as to the Property. (d) All exterior storage activity shall observe quiet hours between the hours of 11:00 p.m. and 7:00 a.m., during which time no loading, unloading, or operation of machinery or equipment shall occur." Conditions 1. The site shall be developed in substantial conformance with the conceptual plan entitled "TST Corporate Landing Preliminary Development Plan," dated September 10, 2026, prepared by AES Consulting Engineers, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The fencing shall be developed in substantial conformance with the exhibit entitled "TST Corporate Landing Preliminary Development Plan," Sheet 3 of 3 dated September 10, 2026, prepared by AES Consulting Engineers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 3. The location of the fencing shall be in substantial conformance with the exhibit entitled "TST Corporate Landing Fencing Location," dated September 17, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 4. The slats on the chain-link fencing shall be black and maintained in good condition, free of holes and breaks, for the duration of the use of the site as a Bulk Storage Yard. 5. The Bulk Storage Yard shall not encroach into the 75-foot landscape reservation area, depicted on the 1991 plat for Corporate Landing found in the Virginia Beach Land Records Map Book 216 Pages 80-90, unless and until such reservation area is vacated on a subsequent plat. 6. The outdoor storage materials shall not be stacked higher than the privacy fence enclosing the bulk storage yard area. 7. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. 8. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch.The security gates and the emergency operation shall be maintained operational at all times. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10. A final subdivision plat must be submitted for review, approval, and recordation for the lots being created. 11. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 12. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. K. APPOINTMENTS • ADVERTISING ADVISORY COMMITTEE • ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CHESAPEAKE BAY PRESERVATION AREA BOARD • COMMUNITY SERVICES BOARD • DEFERRED COMPENSATION BOARD • HISTORIC PRESERVATION COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OCEANA LAND USE CONFORMITY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • STORMWATER APPEALS BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the meeting at: https:Hvbgov.webex.com/weblink/`register/r85ccfe994a951291156e249920d284aa 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 17, 2026. City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson District 5 rcwilson@VBgov.com 1 757-713-3616 District 1: David Hutcheson I dhutcheson@VBgov.com 1 757-651-7641 District 2: Barbara M. Henley I bhenley@VBgov.com 1 757-426-7501 District 3: Michael F. Berlucchi I mberlucc@VBgov.com 1 757-407-5105 District 4: Dr. Amelia N. Ross-Hammond I arosshammond@VBgov.com 1 757-840-0735 District 6: Robert W. "Worth" Remick I wremick@VBgov.com 1 757-840-5855 District 7: Cal "Cash" Jackson-Green I cjacksongreen@VBgov.com 1 757-629-8792 District 8:Stacy Cummings I stcummings@VBgov.com 1 757-629-8691 District 9:Joashua F. "Joash" Schulman I ichulman@VBgov.com 1 757-840-1291 District 10:Jennifer Rouse I ivrouse@VBgov.com 1 757-840-1821 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney I City Manager Amanda Barnes I City Clerk Dana R. Harmeyer I Acting City Attorney Sue Cunningham I City Real Estate Assessor Lyndon S. Remias I City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach,VA 23456 Phone:757-385-4303 1 Fax:757-385-5669 CITY OF VIRGINIA BEACH ' A R SUMMARY OF CITY COUNCIL ACTIONS K °S B H S S E C U 0 - S R U T N H C DATE:11/10/2026 PAGE: 1 L M H C - R A H W U M E H G E M R U I C I D N E R M M 0 L L AGENDA C N Y L S E 1 0 U M S H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIL'S BRIEFINGS A. MAYOR'S TASK FORCE FOR A SAFER Monica Croskey,Deputy VIRGINIA BEACH RECOMMENDATIONS City Manager B. 2027 DRAFT LEGISLATIVE AGENDA Brent McKenzie,Deputy Commissioner of the Revenue Jessie Williams Reynolds, Director—Legislative Affairs II.-VI. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES 1. INFORMAL AND FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y October 20,2026 2. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y October 27,2026 H. PUBLIC HEARING 1. PROPOSED CHARTER AMENDMENT NO SPEAKERS Land Use and Public System Approvals South of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) J.1. Ordinance to AMEND City Code Section 21- ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 202 re prohibit through trucks and require signage of such prohibition on Upton Drive between Nimmo Parkway and Dam Neck Road(Requested by Mayor Dyer and Vice Mayor Wilson) J.2. Ordinance to DIRECT the City Manager to ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y use project funds in Capital Project#100730, "Traffic Safety Improvements V"re replace the Windsor Woods subdivision identification sign(Requested by Vice Mayor Wilson and Council Members Berlucchi, Cummings,Jackson-Green and Schulman) J.3. Ordinance to AUTHORIZE acquisition of ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 13,735 square feet(0.32 acres)of vacant land on Sharp Street from the Roderick Macrae Revocable Trust and AUTHORIZE the City Manager to EXECUTE all necessary documents re improvements to adjacent City-owned pump station for future public utilities and drainage purposes CITY OF VIRGINIA BEACH A R SUMMARY OF CITY COUNCIL ACTIONS K °S B H S S E C U O - S R U T N H C DATE:11/10/2026 PAGE: 2 L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N L N J.4. Ordinance to AUTHORIZE acquisition of ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 12,909 square feet (.30 acres) of property located at 1132 Kittery Drive and AUTHORIZE the City Manager to EXECUTE all necessary documents re replace pump station for public utilities J.S. Ordinance to AUTHORIZE temporary ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned property known as Mill Pond (a/k/a Bass Inlet)and a 5-foot public drainage and utility easement located at 2941 Sand Bend Road re maintain existing rip rap revetment and timber pier, and construct and maintain a timber floating pier, aluminum gangway, timber pier addition,timber pile aluminum boat lift and two jet ski floats DISTRICT 2 J.6. Ordinance to AUTHORIZE temporary ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of a 20-foot and 30-foot City-owned drainage and utility easements located at 1288 Holly Point Road re maintain existing timber bulkhead,four (4)8-foot timber piles,48-inch metal fence, portion of a pool house, woodshed, brick patio, and construct and maintain a wood deck and boat lift for existing piles DISTRICT 8 J.7. Ordinance to EXTEND the date for satisfying ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y the conditions in the matter of Whitney W. Elliott re closure of one-half of an unimproved,unnamed alley adjacent to the rear of 218 5S`h Street,Unit B J.8. Ordinance to EXTEND the date for satisfying ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y the conditions in the matter of Matthew E. Mancoll and Robin A.Mancoll re closure of an unimproved,unnamed alley adjacent to the rear of 219 54`h Street J.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y $425,224 from the cities of Chesapeake, Norfolk, Portsmouth and Suffolk to the FY2026-27 Human Services Operating Budget; AUTHORIZE $106,306 local match; and TRANSFER$106,306 within the Consolidated Grants Special Revenue Fund to the FY2026- 27 Human Services Operating Budget re bring awareness,resources and treatment services to address the opioid epidemic in Hampton Roads J.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y $62,500 from the Virginia Department of Emergency Management (VDEM) to the FY2026-27 Fire Department Operating Budget re purchase equipment to support technical rescue response and training activities CITY OF VIRGINIA BEACH ' A R SUMMARY OF CITY COUNCIL ACTIONS K °S B H S S E C U O - S R U T N H C DATE:11/10/2026 PAGE: 3 L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L AGENDA C IN L S E 1 O U MS H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.11. Ordinance to ACCEPT and ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$39,821 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget re support substance abuse disorder services J.12. Ordinance to ACCEPT and ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y y APPROPRIATE$14,810 from the Library of Virginia to the FY2026-27 Library Department Operating Budget re professional development J.13. Ordinance to ACCEPT and ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$8,135 from the Virginia Department of Emergency Management (VDEM) to the FY2026-27 Fire Department Operating Budget re purchase equipment to support hazmat response J.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y $3,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget and AUTHORIZE$1,000 local match re support the Projects for Assistance in Transition from Homelessness(PATH)Program J.15. Ordinance to APPROPRIATE$157,764 from ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y the fund balance of the Commonwealth's Attorney's Forfeited Assets Special Revenue Fund to the FY2026-27 Commonwealth's Attorney Operating Budget re purchase desktop printers and scanners J.16. Ordinance to APPROPRIATE and TRANSFER ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y $1-Million from the Debt Service Reserve of the Water and Sewer Enterprise Fund as Pay- Go funding to Capital Project #100327, "Pump Station Program VI" and APPROPRIATE and TRANSFER$1-Million from the Debt Service Reserve of the Water and Sewer Enterprise Fund as Pay-Go funding to Capital Project #100685, "Water Meters Replacement Program"re water and sewer infrastructure improvements J.17. Ordinance to TRANSFER $500,000 from ADOPTED,BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Capital Project 4100463,"Virginia Aquarium Renewal and Replacement III" to Capital Project #100749, "Virginia Aquarium Modification"and TRANSFER$500,000 from Capital Project#100437,"VA Aquarium Bldg. Systems&Facility Infrastructure II"to Capital Project #100749, "Virginia Aquarium Modification" re retain Architectural/Engineering design and consultation services CITY OF VIRGINIA BEACH ' A R SUMMARY OF CITY COUNCIL ACTIONS K °S B H S S E C U O — S DATE:11/10/2026 PAGE: 4 L M H C N R A H W U M E H G E M R U I C I D N E R M M O L L AGENDA C N Y L S E 1 O U M S H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N LIN JI K.1. LBC VENTURES,LLC for a Variance to Section APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y 4.4(b)&(d)of the Subdivision Regulations re CONDITIONED,BY deficiencies in required lot width,street line CONSENT frontage and lack of direct access to a public street at 4716 Hook Lane DISTRICT 9 K.2. 449 LONDON LLC fora Conditional Change of APPROVED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Zoning from R-10 Residential District to AMENDED/PROFFERED Conditional 1-1 Light Industrial District re /CONDITIONED,BY develop site with a storage yard for CONSENT contractors'vehicles,equipment&materials and a Conditional Use Permit re bulk storage yard at 2548 Potters Road DISTRICT 3 (Deferred from October 20,2026) K.3. VB INVESTMENTS,LLC/B&L INVESTMENT APPROVED/PROFFERED, 11-0 Y Y Y Y Y Y Y Y Y Y Y GROUP LLC for a Conditional Change of BY CONSENT Zoning from B-2 Community Business District to Conditional A-18 Apartment District re construct a 23-unit townhome-style condominium development at 700 & 724 Baker Road DISTRICT 4 K.4. SECTORSITE TOWER ASSETS L.L.C. / DEFERRED INDEFINITELY, 11-0 Y Y Y Y Y Y Y Y Y Y Y SECTORSITE TOWER ASSETS L.L.C., GREAT BY CONSENT 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 and a Conditional Use Permit re bulk storage yard at 3386&3396 Holland Road DISTRICT 10(Deferred from October 6,2026) K.5 GIUSEPPINA POLLICE&MARISA CORSALE/ DEFERRED INDEFINITELY 11-0 Y Y Y Y Y Y Y Y Y Y Y EUGENIO CORSALE for a Conditional Use Permit re family day-care home at 993 Autumn Harvest Drive DISTRICT 1 K.6. BRANDON IACHETTA/JAMES L.HARRELL III APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y AND ASSOCIATES LLC for a Conditional Use CONDITIONED,BY Permit re tattoo parlor and a Conditional Use CONSENT Permit re body piercing establishment at 481 South Lynnhaven Road DISTRICT 3 K.7. REAL ESTATE PURSUITS LC / BIVI REAL DENIED 6-5 Y N N Y Y N Y N Y N Y ESTATE LLC for a Conditional Use Permit re mini-warehouse at 941 Laskin Road DISTRICT 6 K.8. ZOE MILLAY DUKAS for a Conditional Use APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re residential kennel at 3012 CONDITIONED,BY Edinburgh Drive DISTRICT 8 CONSENT K.9. S11 21a1STREET, LLC for a Conditional Use APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 5112111 Street CONDITIONED,BY DISTRICT 6 CONSENT CITY OF VIRGINIA BEACH ' A R SUMMARY OF CITY COUNCIL ACTIONS K B H S S E C U O - S R U T N H C DATE:11/10/2026 PAGE: 5 L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L AGENDA C N Y L S E 1 O U M S H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.10. ALEXANDRA & CONSTANCE MENSING/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ARCON INVESTMENTS VA LLC for a CONDITIONED,BY Conditional Use Permit re short term rental CONSENT at 414 22"d%Street DISTRICT 6 L. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ADVERTISING ADVISORY COMMITTEE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HISTORIC PRESERVATION COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEALS BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD ACTIVE TRANSPORTATION ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Shawn Tasch Unexpired term thru 11/30/2027 +3 Year Term 12/1/2027—11/30/2030 Logan Kiernan Unexpired term thru 8/31/2027 +3 Year Term 9/1/2027—8/31/2030 GREEN RIBBON COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Evan R.Brockwell— Representing Engineer 3 Year Term 11/10/2026—10/31/2029 M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT 7:31 P.M. OPEN DIALOGUE 2 SPEAKERS 7:38 P.M.