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APRIL 22, 2014 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LL/AM D. SESSOMS, JR., At Large VlCE MAYOR LOU/S R. JONES, Bayside - District 4 ROBER7'M. DYER, Centerville - DistrFct / BARBAR.4 M. HF,NI b'Y, Princess Anne - District 7 SHANNON DS KANG, Rnse Half Distric( 3 HRAD MARTlN, P.E., At Large JOHN D. MOSS, At l.arge AMF,I.IA ROSS-HAMMOND, Kempsville - Distrfct 2 JOHN E. UHRIN, Beach - District 6 ROSF.'MARY W]GSON, At-[,arge JAMb'S L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES GTY MANAGB'R -- JAMES K. SPORE CITYA77'ORNEY MARKD.STILF,S C177 ASSESSOR JERALD D. BANAGAN CITYAUDlTOR LYNUONS. REMIAS CITYCGBRK - RUTHNODGF,SFftASER, MMC C/TYHALL BU/LD/NG 2401 COURTHOUSE DRIVE VIRG/NIA BEACH, VIRG/NIA 23456-9005 CITY COUNCIL BUDGET WORKSHOP PNONE.•(757) 385-4303 FAX (757) 385-5669 22 APRIL 2014 E-MAIL: crycnct@vbgov.com FY 2014-15 RESOURCE MANAGEMENT PLAN (Budget) - Conference Room - 2:00 PM A. Quality Education and Lifelong Learning Schools - Dan Edwards, Chairman - School Board Libraries - Eva Poole, Director B. QUALITY ORGANIZATION Constitutional Officers: City Treasurer - John Atkinson Commissioner of the Revenue - Phil Kellam Communications and Information Technology - Matthew Arvay, Chief Information Officer Human Resources/Compensation - Regina Hilliard, Director Finance/Risk Management - Patricia Phillips, Director OVERVIEW - Quality Organizations [various Departments - Catheryn Whitesell, Director City Auditor - Lyndon Remias Real Estate Assessor - Jerald Banagan General Registrar - Donna Patterson City Clerk and Municipal Council - Ruth Hodges Fraser City Attorney - Mark Stiles City Manager - James Spore Management Services and Non-departmental - Catheryn Whitesell, Director CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, .IR., AbLarge VICEMAYORl.OUISlZ. JONF'S, Bayslde - District a ROBERT M. DYER, Cenlerville - Distr(ct 1 BAKBARA M. HEM,h,'Y, Prtncess Anne - District 7 SHANNON DS KANF,', Rose HaU - Distrrct 3 BRAD MAR71N, P.E., At I,arge JOHN D. MOSS, A! Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN F. UNRIN, Beach - District 6 ROSEMARY WII,SON, At-Large JAMES L. WOOD, /.ynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE G7YA7TORN6Y--MARKD. ST/L6'S ClTYASSF,SSOIZ - JERALD D. BANACiAN CITY AUDITOR - LYNDON S. REMIAS Cl"PY CLERK RU'l'H HODGGS FRASER, MMC CITY COUNCIL AGENDA 22 APRIL 2014 CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MA/G: Crycncl@vbgov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance B. VIRGINIA STORMWATER MANAGEMENT CHANGES Kay Wilson, Associate City Attorney Nancy McIntyre, Development Services Center Coordinator C. EASTERN SHORE DRIVE - Drainage Improvements John Fowler, City Engineer - Public Works II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL 5:30PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Powell Pastor Calvary Chapel of Virginia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. FY 2014-15 RESOURCE MANAGEMENT PLAN (Budget) a. ORDINANCES FY 2014-15 OPERATING and CAPITAL BUDGETS b. ISSUANCE OF REVENUE BONDS 1. GeneralObligation $66,400,000 2. Storm Water $ 9,000,000 3. Water and Sewer $27,000,000 c. FEES - REAL PROPERTY TAX d. FEES - PERSONAL PROPERTY TAX e. FEES - STORM WATER - [ERU] f. FEES - VARIOUS PLANNING re Stormwater Management 1. PUBLIC HEARING April 8, 2014 1. FEES - SEWER and WATER - Capital Recovery J. PUBLIC HEARINGS LEASES OF CITY-OWNED PROPERTY a. 2089 Indian River Road b. 24`h Street and Atlantic Avenue c. 205 Laskin Road K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND various portions of Section 2 of the City Code re the Small Business Enhancement Program 2. Ordinance to ACCEPT a DONATION of One Hundred (100) recycling bins from Keep America Beautiful and AUTHORIZE the City Manager to EXECUTE an Agreement for same 3. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases for City-owned properties re: a. Jody's, Inc. for an outdoor seating area at 31 Ocean b. Kempsville Borough Boys Baseball, Inc. for artwork (sculpture) to be installed at Kempes Landing Park . c. John Doe for a dwelling at 2089 Indian River Road d. Virginia Beach Maritime Museum, Inc. for the "Old Coast Guard Building" at 24th Street 4. Ordinances to AUTHORIZE temporary encroachments into portions of City-owned property known as: a. West Osborn Cove: N. E. and CHERYL K. RONDORF, Trustees of the Rondorf Family Living Trust, re a bulkhead, floating dock, pier, gangway, riprap revetment and riparian buffer at 2420 Pineland Cove DISTRICT 5 - LYNNHAVEN b. Harbor Canal: THOMAS E. and COLLEEN H. DRINKARD re floating dock, bulkhead, wharf and boatlift at 2320 Spindrift Road DISTRICT 5 - LYNNHAVEN 5. Resolution for the ESTABLISHMENT of Reliance Medical Transport LLC and provide an annual EMS permit for private ambulance services 6. Ordinance to ACCEPT and APPROPRIATE $101,938 from the Virginia Department of Health, Office of Emergency Medical Services (EMS) for the Four-for-Life program re purchase of rescue equipment and medical supplies 7. Ordinances to TRANSFER: a. Funds from the School's various classifications to technology classifications (1) from Instruction $992,283 (2) from Transportation $243,408 (3) from Operations And Maintenance $ 3,165 b. $170,000 within the Sheriff's Budget for additional part-time positions re workload demands L. PLANNING 1. Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code re Storrnwater Management a. Appendix F(Chesapeake Bay Preservation Area Ordinance) b. Appendix B (Subdivision Regulations) c. Appendix C(Site Plan Ordinance) d. Civil Penalties re Land Disturbing Violations e. Chapter 30 (Soil Removal and Other Land Disturbing Activities) re Virginia Code Revisions £ Appendix G(Southern Watersheds Management Ordinance) g. Repeal Appendix D and ADD a new Appendix D re Stormwater Management RECOMMENDATION APPROVAL 2. Application of KAREN C. DALESANDRO for a Conditional Use Permit re a Child Daycare Home at 3705 Joppa Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of JUDY STUVER and DOUG and JUDY STUVER for a Conditional Use Permit for a Child Daycare Home at 1085 Tolstoy Court DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of ENTERPRISE LEASING COMPANY OF NORFOLK and SISTERS II, LLC for a Conditional Use Permit re motor vehicle rentals at 2428 Princess Anne Road DISTRICT 7- PRINCESS ANNE [Courthouse Historical and Cultural District] RECOMMENDATION APPROVAL 5. Applications of NEW CINGULAR WIRELESS PCS, LLC and CYPRESS POINT ENTERPRISES, INC. at 5340 Club Head Road DISTRICT 4 - BAYSIDE a. Conditional Change of Zonin&from Conditional PD-1-12 Planned Development to Conditional P-1 Preservation District b. Conditional Use Permit for a communication tower RECOMMENDATION APPLICANT REQUESTS DEFERAL TO JUNE 17, 2014 6. Application of MOORE FARM, LLLP for a Conditional Change of Zoning from B-lA Limited Community Business to Conditional B-2 Community Business re a restaurant with a drive- through at 925 Diamond Springs Road DISTRICT 2- KEMPSVILLE RECOMMENDATION APPROVAL 7. HISTORIC KEMPSVILLE MASTER PLAN AREA: DISTRICT 2 - KEMPSVILLE a. AMEND, DELETE Appendix 3 and REVISE the text of the Plan re drive-through facilities. b. AMEND Section 901 of the City Zoning Ordinance (CZO), re Drugstores with drive- through facilities in the B-4K Historic Kempsville Area Mixed-Used District, to ADD Standards for Drugstores with drive-through facilities in the B-4K Historic Kempsville Area Mixed-Used District and to AMEND Section 2003 to ADD drive-through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area Mixed-Used District c. Conditional Use Permit (City and S.L. Nusbaum) for a drive-through Drugstore at Princess Anne and South Witchduck Roads d. Street Closures - Unimproved portions of right of ways (1) Singleton Way (formerly Princess Anne Road) [two (2) different parcels] (2) Singleton Way (formerly Princess Anne Road) and South Witchduck Road (formerly Kempsville Road) RECOMMENDATION APPROVAL M. APPOINTMENTS ARTS and HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRAICT COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT **********+**?***??+*****??***** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***?*****??******?*??****?***** FY 2014-201 S RESOURCE MANAGEMENT SCHEDULE May lsl PUBLIC HEARING KEMPSVILLE HS May 6' Reconciliation Workshop Conference Room May 13`" City Council Meeting Council Chamber Vote on Budget CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM CITY COUNCIL RETREAT Economic Developrrient Office Town Center Monday, September 8, 2014 2014 CITYHOLIDAYS 1llefnorial I)ay - Mondcr),, i'Vlrzy 26 Indenenderace I)tq - Fridcry, Jrcly 4 Lcrbor I3cry - Mortday, Septeinber 1 Veterrcrzs I)q?j, - Tuesrlay, Noveniher 11 Thanksgiving DrrV ancl Du)> rrfter Thatzksgiving - Tlircrsday, Noveniber 27 arid Friday, Noveniber 28 C/iristtraas Eve (1ral,f=dtq) - Nierlnesdccp, Deeember 24 C'Irristntas 1)rry - TlrursdaV, Der•enaher 25 04/22/2014/gw -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 22, 2014 Mayor William D. Sessoms, Jr., called to order City CounciPs Informal Session, in the City Council Coraference Room, Tuesday, April 22, 2014, at 2: 00 P.M. Council Members Present: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None April22, 2014 -z- CITY COUNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #63691 2:00 P.M. Mavor Sessoms introduced and welcomed Dan Edwards, Chairman - Virginia Beach School Board. Mr. Edwards expressed his appreciation to City Council for their continued support: Mr. Edwards advised the timeline is, more than ever before, important to this year's proposed Budget: April22, 2014 -3- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNWG SCHOOLS ITEM #63691(Continued) The proposed School's Operating Budget is just over $702-MILLION. It is important to note the sales taz revenue portion is weakening, which is disturbing based on an economy that is supposed to be improving: State Revenue Funding looks promising; however, it is concerning that we continue to use Reserve Funds that should be "one- time " money. This is a bad habit and the School System must find a way to get away from this habit. The variance between FY2014 and FY2015 is mainly due to the Composite Index increase by 0.27 points, the projected increase in City taxes and, as a result of Sequestration, the 2011 Budget Control Act: FY 2014 Differences FY 2015 Federal $ 16,636,723 $ (660,191) $ 15,976,532 State 240,866,735 11,725,735 252,592,470 State Sales Tax 70,522,688 (457,390) 70,065,298 Local Contibutions 336,390,771 6,149,916 342,540,687 Other 3,325,383 129,703 3,455,086 $ 667,742,300 $16,887,773 $ 684,630,073 Special School Reserve 14,000,000 2,000,000 16,000,000 Sandbridge TIF 3,116,978 (1,116,978) 2,000,000 Total Adjusted Revenue $ 684,859,278 $17,770,795 April22, 2014 -4- CITY COUNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) Mr. Edwards stated the School System, like all other City Departments, continues to reduce expenditures and do "more with less ": The variance between FY2014 and FY201 S is mainly due to additional positions added to cover student membership increases, instructional program improvements, increased square footage due to the new Kellam High School, higher employer contributions to VRS and health care costs: Personnel Fringe Benefits Purchased Services Other Charges Materials and Supplies Capital OuUay Improvements and Transfers Total FY 2014 Differences FY 2015 $ 427,435,361 $ 7,043,263 $ 434,478,624 155, 476, 208 11, 388, 727 166, 864, 935 42,366,595 570,842 42,937,437 24,374,914 (865,013) 23,509,901 25,873,345 (633,655) 25,239,690 1,578,969 - 1,578,969 7.753.886 266.631 8,020.517 April22, 2014 -5- CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING Schools requested app The School's majorgoals are identified below; however, students and employees continue to be priorities: April22, 2014 SCHOOLS ITEM #63691(Continued) 0 ? „ „ ? -6- CITY CO UNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) Q UALITY ED UCA TION and LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) The School System is facing significant challenges with over 700 students classified as Homeless and 24 Schools have 50% or more of students receiving free or reduced lunch: April22, 2014 -7- CITY COUNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) Poverty weighs heavily on children's ability to learn when they enter school and makes the School System 's all the more important and all the more diffzcult.• Schools have a number of strengths with all 11 High Schools ranked in top 9% nationwide. The School System received a Magna Award for the effective Parent Outreach Program: April 22, 2014 -8- CITY COUNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) The biggest change from Richmond is five (S) SOL Tests will be eliminated; however, there is an unknown requiYement for Schools to backfill with some rype of testing but no guidelines have yet been issz.ted: April22, 2014 -9- CITY COUNCIL'S BRIEFING FY2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY EDUCATION and LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) The Sunset Project "X-CD" in four (4) Middle Schools has been cancelled as it was very expensive. Also, the School System will open a new sixth grade campus for Bayside Middle School and begin the transition to a new Strategic Plan. The Schools are in the process of putting together the next six (6) Year Plan: Project X-CD did not achieve what was hoped. In re-appropriating those funds, the School Division can provide part-time reading specialists for 13 Middle Schools, support a Summer reading program for 12 Elementary Schools and provide professional development for 300 K 2 Teachers for teaching struggling readers: April22, 2014 -10- CITY CO UNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #6369I (Continued) An "Achievable Dream " will begin in July 2014. Seatack Elementary will host the program. Marginal amount of additional funds will be required to match an incredible amount of funding: Bayside Middle School is one of twelve (12) Schools accredited with warning; however, Bayside Middle is on the lower side of the scale. The campus will offer the benefit of smaller class sizes and hopefully turn the low scores around. In fact, the 6`'' graders used to be in separate buildings and that seemed to be a great benefit: April22, 2014 -11- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) April22, 2014 -12- CITY COUNCIL'S BRIEFING FY 20I4-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) Mr. Edwards expressed concern regarding the Schools using one-time local funds and advised this trend must stop: Healthcare continues to be a challenge as costs continue to rise: April22, 2014 -13- CITY CO UNCIL'S BRIEFING FY 2014-I S RESO URCE MANAMENT PLAN (B UDGET) QUALITYEDUCATION aizd LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) Employer costs have gone up 77%, while eniployees' costs only up by 3301o. As everyone is aware, some City Council and School Board Members would like to mitigate the amount paid by employees; however, it is important to ensure the percentages are closer to being equal: For every dollar of compensation, an additional 28 Cents goes for benefits: April22, 2014 -14- CITY COUNCIL'S BRIEFING FY 20I4-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #6369I (Continued) The Schools System used to pride itself on being the "best "; however, we are now just "competitive " regarding salaries. Currently, the Ciry ranks 4"' in the Region for each of the three salary rankings: April22, 2014 -15- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) Kellam High School is complete and the School System is very proud of this achievement: April 22, 2014 -16- CITY COUNCIL'S BRIEFING FY 20I4-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) Below is a list of actual projects; however, it is important to note that this used to be 2 to 3 pages. Over Spring Break, the current Princess Anne Middle School relocated to the "Old Kellam ", now known as the new Princess Anne. Beginning next year, ODC and Kemps Landing Schools will be at the "Old Princess An»e Middle School " as ODC will be torn down and the "Old Kemps Landing School will be used for the Bayside Middle School 's 6`h Grade Campus: The School's CIP can neither maintain the current facilities nor sustain a reasonable renovation/replacement cycle, and that is a major challenge. The Joint Committee that Vice Mayor Jones and Council Lady Wilson serve on have met and will be requesting a joint meeting to address this challenge: April22, 2014 -17- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING SCHOOLS ITEM #63691(Continued) Obviously, the State Budget poses an issue, but the School System is not going to develop a furlough list, as they do not think it's appropriate. The contents of the initial proposed State Budget provides pay raises effective July 1, 2015. However, the House version of the proposed Budget provides a 1% raise and the Senate version a 2%. The timing of the adoption of the State Budget is critical. Mavor Sessoms, on behalf of City Council, expressed appreciation to the School Board Chair, Members and the entire School Stafffor their dedication to the City's future "community for a lifetime ". April22, 2014 -18- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING LIBRARIES ITEM #63692 4:42 P.M. Mavor Sessoms introduced and welcomed Eva D. Poole - Director, Libraries. Ms. Poole expressed her appreciation to City Council for the continued support of the Department of Public Libraries: The Operating Budget is reduced by a little over $1 D0, 000 for FY2014-1 S: April 22, 2014 -19- CITY CDUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING LIBRARIES ITEM #63692(Continued) 94% of the Department's Budget is fi°om the General Fund.• Thc Department is constantly striving to improve efficiencies and enhance customer service in addition to looking and adding additional technology: Process Improvements, Efficiencies and Customer Seruice Enhancernents • SmartPay • Online credit card payment option • An 85% increase in fines (total $) paid online ? (compared to FY13) • Reduction in staff and customer time `spent addressing fine transactions • Automated Materials Handling • As part of R01, reduction of 8 additional pasitions in FY15 • Floating of the collection, combined with AMH, resulted in a SO% reductlon in materials delivered it Central AMH will be fully operational by June of 2014 April22, 2014 -20- CITY COUNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING LIBRARIES ITEM #63692(Continued) In FY2014, the Department had approximately 800 Volunteers that provided over 21,950 hours: Process Impravements, Efficiencies and Customer Service Enhancements • Private Funding Support in FY15 • Friends: $121,609 (Grant funds awarded for FY15) - • Foundation: Committedto supporting[he Summer Reading - Challenge (amountTBD) - • Volunteerism FY14 • Individual volunteers: 800 • Volunteer hours: 21,950 _ • Operationalvalue (in terms of FTEs worth of service provided): 11 • $value (ofvolunteer time): $305,423.16 • Floating Collections • Materials housed where returned • Reduceddeliverycosks • Increasedavailabilityofmaterials • Continuing to Develop a Culture of Evaluation • Data-drivendecision-making • Structuredassessment • Effectivecommunicadonofimpactofservicestocitizens Below are a few of the Department's Trends & Highlights: 'I'rends & Highlights April22, 2014 -21- CITY COUNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING LIBRARIES ITEM #63692(ContinUed) Trends & Highlights • Engaging and Empowering Residents • Voter Registration • Tax Assistance • Human Services services/benefits application assistance • Jobs Centrai: Opportunity Inc. • Affordable Care Act assistance • Connecting Citizens to the Online World • Wireless throughout all libraries • 400 public access Internet computers F? • Computer literacy classes ? • ? • Increased broadband through high-speedfiber connections In looking to the future, the Department opened the TCC/City Joint Use Library, which was awarded LEED Gold Certification. The Department increased inter-departmental collaboration with City Departments and the School Division. Looking to the Future • Assessing Community Need and Vision • Strategic plan revision and refocusing • Diverse departmental involvement • Community focus groups/public meetings • Scientificcommunity needsassessment • Workforce Development: The Need for Succession Planning • Position turnover rate for July 2013-January of 2014: 28.8% • Potential RetirementAttrition Rates • Managers (includes supervisors) - 31.4% eligible to retire in 2 years - 41.2% eligible to retire in 5 years • AllStaff - 15.7% eligible to retire in 2 years - 22.3% eligible to retire in 5 years April22, 2014 -22- CITY COUNCIL'S BRIEFING FY 20I4-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITYEDUCATION and LIFELONG LEARNING LIBRARIES ITEM #63692(Continued) ? Mayor Sessoms thanked Ms. Poole and the entire Department for their hard work. April22, 2014 -23- CITY COUNCIL'S BRIEFWG FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION CONSTITUTIONAL OFFICERS: Commissioner of the Revenue ITEM #63693 4:45 P.M. Mayor Sessoms introduced and welcomed Phil Kellam, Commission of the Revenue. Mr. Kellam expressed his appreciation for the City's continued support to the Commissioner of the Revenue's office: .?'?.u: •.?, ?- , z Commissioner of the Revenue Budget Warkshop Apri6 22, 2014 Philip J. Kellam Commissioner of the Revenue Mr. Kellam advised the OperatingBudget increased by 3.3%: Commissioner of the Revenue Operating Budget Summary Commissioner nf the Revenue $4,025,380 60 $4,120,734 60 $95,354 23% ' DMV Select $72,742 2.93 $77,899 2•93 $5,157 0.7% qP #3-200 $35,000 1 $70,000 2 $35,000 100% ' Total $4,133,122 63.93 $4,168,633 64.93 $135,511 33% April22, 2014 -24- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION CONSTITUTIONAL OFFICERS: Commissioner of the Revenue ITEM #63 693 (Continued) Approximately 4% of the Operating Budget is funded thru ser-vices of DMV Select, which is self-funded. Additionally, 16% of the Operating Budget is funded by the State and the remaining 80% from the City. 92% of expenditures aYe for personnel.• ¦ DMV Select Sta[e W Ciry Budgetby Expense Category -: Personnel z, CIP Open[ing 98% of assessments go to the City, with the additional 2% to the State: April 22, 2014 -25- CITY COUNCIL'S BRIEFING FY 20I4-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION CONSTITUTIONAL OFFICERS: Commissioner of the Revenue ITEM #63693(Continued) Below are some of the Department's Trends and Highlights: Commissioner of the Revenue FY 2014-15 Trends & Highlights . M q p: g. m: BPOL $42.3m $41.8m $45.1m . $42.3m DMV Select $1.9m $1.9m $2.7m $2.8m Personal Property $143.6m $141.5m. $141m $139.2m Approved for Real 4,401 2,891 7,164 7,602 Estate Tax Relief SpecialEvents .$44.5k557.6k $157k $219.6k Statelncome $590k• $489k* $4.9m $SZm TrustTaxes . $86Jm $83.9m $1251m . $122:4m ..n.=?C _... - Mr. Kellam advised the implementation of the new Revenue Assessment Collection System (RACS) will incf•ease productivity and efficiency. RACS allows the Department to improve assessments and billing processes, file and accept payments online for State Tax online: Commissioner of the Revenue Significant Issues ? RACS ? Real estate threshold increase ? Email initiative ? Telephone callback ? Disabled veterans issue ? Local tax initiatives: BPOL, business property and special events April22, 2014 -26- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION CONSTITUTIONAL OFFICERS: Commissioner of the Revenue ITEM #63693(Continued) Conclusions Thank you Mayor Sessoms thanked Mr. Kellam and the entire Departrnent for their hard work. April22, 2014 -z7- CITY COZINCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION COMMUNICATIONS AND INFORMATION TECHNOLOGY ITEM #63694 5:12 P.M. Mayor Sessoms introduced and welcomed Matthew Arvay - Director, COMIT. Mr. Arvay expressed his appreciation to City Council for their continued support of the Department: x ?t ? x Communications and Information Technology Budget Workshop April 22, 2014 Matthew B. Arvay, CICf Mr. Arvay advised the Department's total Budget is just over $30-MILLION more than last year: ComIT Operating Budget P General Fund ? s? . ????$?y,???6, . ??. . ? ..10. I MWtimedia Services $1,486,614 17.5 $1,527,597 17S I. $41;283 2:8% MailServices $252,943 4 $226,670 4 ($26,273) -30.4% Business Center . $851,282 12 $911,732 - 12 _ $60,450 7.1% Applications5upport $8,303,805 54 $8,405,992 53 $102,187 1.2% SystemsSupport . . $6,601,514 39 $6,487,661 37 . ($113,553) -1J% CenterforGlS $2,094,335 19 $2,168,674 19 $74,339 3.5Y TelemmGF . $1,157,397 8 $1,624,047 12 '.$466,650 403% Technology5ervices $1,902,673 15 $1,720,253 14 ($182,420) -9.6% Gen. Fund Subtotal $22,650,563 168.5 $23,072,916 168.5 $422,363 1.9% , CIP Supported Wpital Projectr ISF $198,625 2 $589,875 5 $391,250 197.0Y. %- Internal Service Fund (Internal Customers) Telecom ISf $3,458,330 10 $3,037,849 10 ($420,481) -121% SubscriptionslSF $3,027,774 0 $3,277,650 0 $249,876 83% Mobile Device ISF : ... $O 0 $144,000 0 $144,000 -:'N/A. Reserve-Telecom ISF $196,389 0 $308,586 0 $112,197 57.1% Reserve-SubsiSF $255,507 0.- . $258,987 0 $33,480 13.1% ISFSu6total $ 6,938,000 10 $ 7,057,072 10 $ 119,072 1J% . .,°???l,???',.v??' `5 ,. ,?.e:.? .?.( . .er •, ;.....?:.,? s, m ., .. "' ? ??•"s? . ..m°. -. April22, 2014 -28- CITY COUNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION COMMUNICATIONS AND INFORMATION TECHNOLOGY ITEM #63694 75% of the proposed Budget is from the General Fund with almost 59% of expenditures for personnel: ComIT FY 2014-15 Budget ¦GeneralFUnd = IntemalServiceFunds Budget by Expense Category =M* ANN= Budget by Fund Capital Reserves $693,150 $597,573 '.-Personnel =Operations Capital m Reserves and Transfers Below are a few of the Department's efficiencies and improvements: ComIT Efficiencies / Improvements % Public Safety Mobile Data Computers replaced ? VRS Hybrid Retirement Implementation-January 1, 2014 ? Master Technology Plan and Roadmap (5 year) y Increased availability of WiFi for conference rooms ? Re-tooling of Computer Replacement program (New hardware options) ? New IT Systems Monitoring Tool ? New IT Service Desk Tool with Customer Web Portal ? New Information Security tools ? Customer Service Training for all Staff Members : Redirect Vacancies to Positions of Need • Operations Manager Position ? Vendor Management Position • Asset Management Position • Business Relationship Management positions ApYil22, 2014 -29- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION COMMUNICATIONS AND INFORMATION TECHNOLOGY ITEM #63694 (Continued) One of the Department's major issues is the aging inftastructure: Communications and Information Technology Significant Issues ? Aging Assets ? Infrastructure and end-user computing ? Radio System - Radio Analysis ? Changing technology and increased customer demand • Technical skills, funding, management tools, customer education ? Disaster Recovery - Long Term Plan • Cloud Alternatives % Increasing cost of organizational Software/Hardware maintenance • Developing a long-term funding strategy • Costs currently included in ComIT operating budget : Continued efforts to maintain staffing levels ? Progress in decreasing vacancy rate • Pending retirement / loss of knowledge / new skiil opportunity • Modernizing ITjob descriptions and titles The Department currently has about 12 vacancies: ComIT Vacancies f Television Engineer (3) Job Description Updated Systems Analyst III (1) Business Relationship Manager* Programmer/Analyst (1) Vacant4/1/14 Microcomputer Systems Analyst II (1) Systems Engineer 11- In Review by HR Systems Analyst I(i) Asset Manager* - In Review by HR Microcomputer Systems Analyst II (1) Advertised and re-opened Systems Engineer I (S) Microcomputer Systems Analyst I (1) Systems Engineer lIi (1) Telecom Systems Install Tech (1) Systems Engineer 11 (1) Systems Engineer II (1) *Technology Master Plan aligned Job Offer Extended Business Relationship Manager' Operations Manager"- In Review by hiR Vacant4/16/14 Advertised and re-opened Vendor/Grant Manager* New Member to start 5/1/14 April 22, 2014 -30- CITY CO UNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION COMMUNICATIONS AND INFORMATION TECHNOLOGY ITEM #63694 (Continued) The disparity in salaries with FTE and FTC are significant and continue to be a challenge: ComIT FTE / FTC Comparison Full Time Employee (FTE) cost / Full Time ConsulEant(FTC) cost w= Systems Engineer III $125,022 $173,574 ($96.43) ; Systems Analyst III $113,334 $173,466 ($9637) Programmer/Analyst III $ 93,018 $160,740 ($89.30) Oracle Engineer $248,400 ($138) Below are a few of the Department's Initiatives: Communications and Information Technology FY 2014-15 Initiatives ? Master Technology Plan Year One Implementation :Mobile Strategy • Mobile Devices • Mobile Applications • Mobile Device Management (Security) r- Culture Transformation continues • Customer Service • Completed Staff Work • Results Oriented y Resource Planning and Management April 22, 2014 -31- CITY COUNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION COMMUNICATIONS AND INFORMATION TECHNOLOGY ITEM #63694 (Continued) The proposed Capital Budget is a little over $22-MILLION, with 69% targeted for Public Safety.• Capital Improvement Program FY 2015-FY 2020 Communications and Information Technology $47 755,883 (Six Year Plan Total) Capital Budget Major CIT Projects Funded I y ? " a . b. 3.614 FireRadioReplacement/In-MaskCom $4,861,758 $ 884,462 07/15-06/16 3.610 Police Oceanfront Cameras $ 7.368,308 $2,665,400 07/15-06/17 3.142 CommunicationsReplacementll $35,807,382 $9,594,373 07/09-06/20 3.606 Fire Station Alerting 3.052 ITService'Continuity . 3.119 Cable Access Infrastructure 3.638 Application Portfolio Sustainment 3.648 Bi-Weekly Payroll Implementation 3.652 Telemmmunications Replacement II 3.657 Disaster Recovery IV Part II 3.664 Next Generation Network (NGN) TOTAL OF 11 FUNDED PROJECTS $ 3,068,366 $2,068,366 07/13-06/15 $10,100,725 $ 650,000 07/06-06/20 $ 4,441,261 $ 322,000 07/08 -06/20 $ 700,000 $ 350,000 07/12-0e/15 $ 1,456,820 $ 728,410 07/14 - 06/16 $ 1,954;494 $1,500,000 07/12 - oe/zz $ 810,000 $ 810,000 07/14 - oe/zo $ 4,147,484 $2,606,006 - 07/14-06/20 $22,179,017 April22, 2014 -32- CITY COUNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION COMMUNICATIONS AND INFORMATION TECHNOLOGY ITEM #63694 (Continued) Capital Improvement Program FY 2015-FY 2020 Total City CIP Funding- FY 2015 to FY 2020 CIT CIP FY 2015- FY 2020 Funding BullEings 13% FamM 8 -h Opp. ???.. 0 queliry Edu- & Iliebng ??. Leaming ???.. Culwrel & Necreatbnal Opp. EconwnicVRaliry ............ 0 QualiNP"icelEnNmnment . QwIttyOBanliMim EMIFM $16,1J3,8% SaleCOmmunlly $31,561,98I 5$20,000,000 SCO,OW,000 Below is the list of projects not funded: Technology Projects Not Funded Ranked by CIT CIP Review Team •PoliceWideAreaNetworks . .. . .. $1.037,269 Real Es[ate & FacilRies Management Database& Reporting5yrtem $ 342,484 Disas[er ?Remvery V Seled Recovery Strategies . . . $ 525j573 PrqectTrdcking5ys[em $ 550,068 Waste Management Database Analysis . . $ 334,887 ECCS Cus[omer Relationship Management $. 259,548 Improvements.toAccounting/CashHandling $ 617,315 Electronic Records Management (ERM) Solution $ 4,453,569 Oracle LeamingManagemeM (OLM) and iLeam . . $ 660,597 Enterprise5chedulingandTimekeeping5ystem $ 1,869,070 Motile Hansen/GIS Work Order Management . $ 325;265 Cus[omerlnformationVersionMigration $ 1,798,276 Hot ServecPurcfiase and Server Upgrade , . $ 971,005 Mobile Command Vehicle Technology Equipment $ 543,085 RetlundanYCommunicationSystemAnalysis&Implementation $ 6,737,856 D Block Public Safety Broadband Network System $ 5,491,589 'Fire FibeFDpticNetwork . . $ .926,467 Dius[er Recovery VI Procure Disaster Recovery Solutions $ 492,660 Disaster Recovery VII Implement Rxovery Solutions $ 3,816,176 Total of 19 unfunded projects $31,752,759 ' "io be included in NGN CIP 3.664 April22, 2014 5% w5%?1 -33- CITY COUNCIL'S BRIEFING FY 2014-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION COMMUNICATIONS AND INFORMATION TECHNOLOGY ITEM #63694 (Continued) The Department's Technology Plan is based on four pillars with 32 initiatives: Master Technology Plan (5 Year) The Plan is built to deliver betteY City services to Citizens: April22, 2014 Master Technology Plan Strategic Initiative Foundation -34- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION COMMUNICATIONS AND INFORMATION TECHNOLOGY ITEM #63694 (Continued) The Appropriation Roadmap contains Capital and Operating costs: April22, 2014 FY15 FY16 FY17 FY18 FY19 -35- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION COMMUNICATIONS AND INFORMATION TECHNOLOGY ITEM #63694 (Continued) Council Discussion Mayor Sessoms thanked Mr. Arvay for his and the entire Department's work. April22, 2014 -36- CITY COUNCIL'S BRIEFING FY 2014-I S RESO URCE MANAMENT PLAN (B UDGET) QUALITY ORGANIZATION H UMA N R E S O UR C E S/C O MP E NS A T I O N ITEM #63695 5:32 P.M. Mayor Sessoms introduced and welcomed Regina Hilliard - Director, Human Resources. Mrs. Hilliard expressed her appreciation for the City Council and City Manager's continued support. Mrs. Hilliard advised the Department's Mission Statement is to facilitate the recruitment, retention and development of a quality workforce and its alignment with the City's strategy: 4 Human Resources Budget 1tVorkshop April 22, 2014 Regina S. Hilliard The Department's Operating Budget increased 3.38% fi°om FY2013-14: Human Resources Operating Budget Director'sOffitt $ 358,775 3.0 $371,030 3,0 .. $ 12,255 .3:6296 Employee Relations 544,694 7.0 571,470 7.0 26,776 4.92% Siaffing and Compensation 1,139;118 16.0 1,170,114 16A 30,996 2.72% Learning and Development 715,257 7.0 731,531 7.0 13,274 1.85% HR Police Services . . 102,603 1.0 104,938 1.0 : 2,335 2.28% MemberCOmmunications 123,568 1.0 125,594 1.0 2,046 1.66% Human Rights Commission 70,396 1.0 71,705 1A - 1,309 1.86% Occupational5afety 246,506 3.0 246,582 3.0 76 0.03% Occupational Heal[h 573,565 8.0 925,805 SA . 52,240 5.95% Total $4,177,462 47.0 $4,318,769 47.0 $143,307 3.38% ApYil22, 2014 -37- CITY COUNCIL'S BRIEFING FY 20I4-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION H UMA N R E S O UR C E S/ C O MP E NS A T I O N ITEM #63695(Continued) Approximately 82% of the Budget is for personnel: Human Resources FY 2014-15 Budget V Personnei a Operating Below are a few of the Department's Significant Issues: Human Resources Significant Issues Highlights ? Leave Administration ? Paid Time Off ? Efficiency Enhancements ? FY 12 Restructure of Human Resources ? Bench Strength ? Complexity of Mandated Programs and Related Issues ? FY 14 Employee Relations Restructure ? Department Satisfaction Survey April22, 2014 -38- CITY CO UNCIL'S BRIEFING FY 20I4-1 S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION HUMAN RESOURCES/COMPENSATION ITEM #63695(Continued) Human Resources Significant Issues Current and Upcoming ? Personnel Board Hearings ? Americans with Disabilities Act (ADA) ? Accommodation Requests Continue ? Employee Development ? Workforce Planning and Development ? Preparing the workforce ? Possible Federal Minimum Wage Increase ? Hourly rate from $7.25 to $10.10 Below is a list of the critical serves not funded.• Human Resources Critical Services NC?T Funded ? Unfunded non-departmental program: Tuition Reimbursement ? Lack of Merit Increases ? FY 07/08 was the last year we provided Merits ? Salary Compression ? Employee Morale/Dissatisfaction April22, 2014 -39- CITY COUNCIL'S BRIEFING FY 20I4-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION HUMAN RESO UR CES/COMPENSA TION ITEM #63695(Continued) Below is the proposed salary adjustment for FY2014-1 S: Compensation Proposal FY14-15 ? All full-time City employees will receive a 1.34% salary adjustment ? 1% is the mandated offset to the required VRS employee contribution (this is the third year of this phase-in) ? 0.34% is to offset the impact of the pay increase on employees' taxes ? All full and part-time City Employees will receive a 1.66% General Increase on October ist ?$1.49 million to address horizontal pay compression Conclusion Human Resources remains committed to playing a vital role in fulfilling the strategic goals as a member of the Quality Organization Team and helping safeguard our city policies to be fair, balanced and current with applicable federal laws and regulations. Mayor Sessoms thanked Mrs. Hilliard and the entire Department for their work. April22, 2014 -40- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) Q UALITY ORGANIZATION FINANCE/RISK MANA GEMENT ITEM #63696 5:40 P.M. Mayor Sessoms introduced and welcomed Patti Phillips - DirectoY, Finance. Mrs. Phillips expressed her appreciation to City Council for their support. . ?. Finance Department Budget Workshap Rpril 22, 2014 Patricia Phillips - Finance Director The Department's Operating Budget is reduced by 6 6%.• Finance Operating Budget General Fund $ 5,105,735 48.0 $ 5,148,564 48.0 $42,829 0.8% Risk Mgmt Internal Service $ 15,840,488' 7.0 $ 14,382,938 7.0 ($1,457,550) (9.2%) Fund Capital Project Internal Service $163,292 2.0 $176,754 2.0 $ 13,462 8.2% Fund Total $ 21,109,515 57.0 $19,708,256 57.0 ($1,401,259) (6.6%) *$3.8 Million additional appropriation approved by Council on 3/I1/14 for claims and insurance costs April22, 2014 -41- CITY COUNCIL'S BRIEFING FY 2014-1 S RESO URCE MANAMENT PLAN (B UDGET) QUALITY ORGANIZATION FINANCE/RISK MANAGEMENT ITEM #63696(Continued) Approximately 75% of the Department's Expenditures is for Risk Management: FY 2014-15 Budget $176,754 1% $5,148,564 26% ? 16 ; ? . - .,; .. I ¦GeneralFund --RiskManagementiSF 0 CapitalProjectlSF Budget by Expense Category M=* *E= Budget by Fund or Revenue Personnel [ Operations Reserves and Transfers Below are a few of the Department's Significant Issues: Finance Significant Issues ? Staffing:5ince 1990,26%decrease;20 positions eliminated; retirements ? Debt: Proted AAA ratings, Increased Scrutiny by Rating Agencies ? Payroll: Arrears near completion ? Risk Management: Uncapped medical costs workers comp; Disability ? Purchasing: Management of Small Busine5s Enhancement Program and minority assistance. Significant issues. ? Comptroller: SRL, Dredging SSD, Waste Management Enterprise Fund Tax rules, mandates, GASB financial reporting/complexity: resources ? Financial Policy: Development, guidance and monitoring; internal control ? Due Diligence: Light Rail, Arena, and other large projects ? Technology: Procurement Systems: Minority Business Tracking Time and Attendance, Scheduling, biweekly E-Workfiow for accounts payable, tax compliance Financial Reporting April22, 2014 -42- CITY COUNCIL'S BRIEFING FY 2014-I S RESOURCE MANAMENT PLAN (BUDGET) QUALITY ORGANIZATION FINANCE/RISK MANAGEMENT ITEM #63696(Continued) Finance Department For 5th Straight Year, Virginia Beach earns AAA Bond Ratings from all three major ratings agencies Savings on $96M issue by being AAA Constant surveillance FY 2014-15 Planned Bond Saies • Starm Water - December 2024 • General Obligation - April 2015 • Public Facility Revenue Bond - June 2015 Mayor Sessoms thanked Mrs. Phillips and the entire Department for their work. April22, 2014 -43- CITY MANA GER'S BRIEFING VIRGINIA STORMWATER MANAGEMENT CHANGES ITEM #63697 4:26 P.M. Mayor Sessoms welcomed Nancy Mclntyre, Development Services Center Coordinator. Ms. Mclntyre expressed appreciation for City Council's continued support and advised today's Briefing is to provide an update from December: Below is the Program Timeline: Proqram Timeline • The City submitted the required stormwater program package to DEQ in January • The City received comments from DEQ related to the ordinance • The City must submit an adopted ordinance to DEQ by May 15, 2014 • The City must fully implement the program on July 1, 2014 Stormwater Ordinance Ordinance Revisions made since December briefing due to the following: • Legisiative actions by the General Assembly (SB 423) • Regulatory changes by the State Water Control Board • Comments received from the public April22, 2014 -44- CITY MANA GER'S BRIEFING VIRGINIA STORMWATER MANAGEMENT CHANGES ITEM #63697(Continued) Duc to the actions of the General Assembly, the biggest impact was on single families. After hearing frorn homebuilders, the General Assembly created an Agreement in lieu of a Plan and will not require a State Permit. Also, the Agreement capped the fee that could be charged for stos•mwater plans for single families; establishes stormwater plan in approved subdivisions and provides that appeals go thru the locczl process: Due to legislative actions by the General Assembly (SB 423): • Single-Family revisions: • Provision for an "Agreement in Lieu of a Stormwater Plan" - still foilow the technical requirements, but no plan required • Provides that single family projects will not require a state permit • Cannot charge an increased fee between 1 and 5 acres of land disturbance - City fee reduced • State fee portion deleted • Establishes that a stormwater plan approved for a subdivision will govern the development of the individual lots in the subdivision • Provides that appeais will follow the local appeal process and may be appealed to Circuit Court In December, the State Water Control Board made regulator changes as set forth below: Due to regulatory changes by the State Water Control Board: • Provides that land disturbing activities that obtain an initial state permit prior to July 1, 2014 may continue to utilize the old design criteria (9VAC25-870-47) Revised wording under the grandfathering provision to clarify the provision that final or preliminary plans approved by a locality may be grandfathered so long as no changes are made that wouid increase the phosphorous load, or runoff rate or volume (9VAC25- 870-48) • Grandfathering is also restricted to projects for which no state permit has been issued and construction has not commenced prior to July 1, 2014 (9VAC25-870-48) April22, 2014 -45- CITY MA NA GER'S BRIEFING VIRGINIA STORMWATER MANAGEMENT CHANGES ITEM #63697(Continued) Chcinges were made to reduce fees after public comments were received: Due to comments received from the public: • Single family and Duplex stormwater plan review fee reduced to $205 from $290. Stormwater Appeals Board to be comprised of three staff members and three citizens appointed by City Council. Mavor Sessoms thanked Mrs. Mclntyre for the update and for the hard work on this Project. April 22, 2014 -46- CITY COUNCIL COMMENTS 5:26 P.M. ITEM #63698 Council Lady Henley advised the Sandbridge Civic League met and voted to request the Ciry add Nimmo Par-kway to the Capital Improvement Project. April22, 2014 -47- CITY CO UNCIL COMMENTS ITEM #63699 Councilman Moss advised he is hosting a Town Hall Meeting at the Central Library on April 23'.d at 7.•00 P.M. April22, 2014 -48- CITY COUNCIL COMMENTS ITEM #63700 Cotincilman Martin suggested the City obtain the necessary permits to grandfather any projects, such as the AYena, under the current stormwater regulations. He stated it is the only way the City can protect itself and the property. April22, 2014 -49- CITY COUNCIL COMMENTS ITEM #63701 Council Lady Ross-Hammond advised over 120 Citizens attended the Town Hall Meeting she hosted last niglzt. She expressed her appreciation to Citizens and Stafffor their participation. April 22, 2014 -SO- CITY COUNCIL COMMENTS ITEM #63702 Coiincilman Uhrin requested that the Dome Site also be looked at to grandfather under the current stor•mwater regulations. April22, 2014 -51- AGENDA REVIEW SESSION 5:30 P.M. ITEM #63703 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCES/RESOL UTIONS Ordinance to AMEND various portions of Section 2 of the City Code re the Small Business Enhancement Program 2. Ordinance to ACCEPT a DONATION of One Hundred (100) recycling bins from Keep America Beautiful and AUTHORIZE the City Manager to EXECUTE an Agreement for same 3. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases for City-owned properties Ye: a. Jody's, Inc. for an outdoor seating area at 31 Ocean b. Kempsville Borough Boys Baseball, Inc. for artwork (sculpture) to be installed at Kempes Landing Park c. John Doe for a dwelling at 2089 Indian River Road d. Virginia Beach Maritime Museum, Inc. for the "Old Coast Guard Building" at 24"' Street 4. Ordinances to AUTHORIZE temporary encroachments into portions of City-owned property known as: a. West Osborn Cove: N. E. and CHERYL K. RONDORF, Trustees of the Rondorf Family Living Trust, re a bulkhead, floating dock, pier, gangway, riprap revetment and riparian buffer at 2420 Pineland Cove DISTRICT S- LYNNHAVEN b. Harbor Canal: THOMAS E. and COLLEEN H. DRINKARD re floating dock, bulkhead, wharf and boatlift at 2320 Spindrift Road DISTRICT 5- LYNNHAVEN 5. Resolution for the ESTABLISHMENT of Reliance Medical Transport LLC and provide an annual EMS permit for private ambulance services 6 Ordinance to ACCEPT and APPROPRIATE $101,938 from the Virginia Department of Health, Office of Emergency Medical Services (EMS) for the Four for-Life program re purchase of rescue equipment and medical supplies 7. Ordinances to TRANSFER: a. Funds fi•om the School's various classifications to technology classifications (1) from Instruction $992,283 (2) from Transportation $243, 408 (3) from Operations And Maintenance $ 3,165 b. $170, 000 within the Sheriff's Budget for additional part-time positions re workload demands April22, 2014 -52- AGENDA REVIEW SESSION ITEM #63 703 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code re Stormwater Management a. Appendix F(Chesapeake Bay Preservation Area Ordinance) b. Appendix B (Subdivision Regulations) c. Appendix C(Site Plan Ordinance) d. Civil Penalties re Land Disturbing Violations e. Chapter 30 (Soil Removal and Other Land Disturbing Activities) re Virginia Code Revisions f. Appendix G(Southern Watersheds Management Ordinance) g. Repeal Appendix D and ADD a new Appendix D re Stormwater Management 2. Application of KAREN C. DALESANDRO for a Conditional Use Permit re a Child Daycare Home at 3705 Joppa Lane DISTRICT 7- PRINCESS ANNE 3. Application of.TUDYSTUVER and DOUG and JUDYSTUVER for a Conditional Use Permit for a Child Daycare Home at 1085 Tolstoy Court DISTRICT 7- PRINCESS ANNE 4. Application of ENTERPRISE LEASING COMPANY OF NORFOLK and SISTERS II, LLC for a Conditional Use Permit re motor vehicle rentals at 2428 Princess Anne Road DISTRICT 7- PRINCESSANNE [Courthouse Historical and Cultural DistrictJ 5. Applications of NEW CINGULAR WIRELESS PCS, LLC and CYPRESS POINT ENTERPRISES, INC. at 5340 Club Head Road DISTRICT 4- BAYSIDE a. Conditional Chans-ye ofZoning from Conditional PD-H2 Planned Development to Conditional P-1 Preservation District b. Conditional Use Permit for a communication tower 6. Application of MOORE FARM, LLLP for a Conditional Chanize o Zoning.from B-lA Limited Community Business to Conditional B-2 Community Business re a restaurant with a drive-through at 925 Diamond Springs Road DISTRICT 2- KEMPSVILLE 7. HISTORIC KEMPSVILLE MASTER PLAN AREA: DISTRICT 2 - KEMPSVILLE a. AMEND, DELETE Appendix 3 and REVISE the text of the Plan re drive-through facilities. April22, 2014 -53- AGENDA REVIEW SESSION ITEM #63703(Continued) b. AMEND Section 901 of the City Zoning Ordifzance (CZO), re Drugstores with drive- through facilities in the B-4KHistoric Kempsville Area Mixed-Used District, to ADD Standards for Drugstores with drive-through facilities in the B-4K Historic Kempsville Area Mixed-Used District and to AMEND Section 2003 to ADD drive- through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area Mixed-Used District c. Conditional Use Permit (City and S.L. Nusbaum) for a drive-through Drugstore at Princess Anne and South Witchduck Roads d. Street Closures - Unimproved portions of right of ways (1) Singleton Way (formerly Princess Anne Road) [two (2) different parcels] (2) Singleton Way (formerly Princess Anne Road) and South Witchduck Road (formerly Kempsville Road) ITEM #Ib ALTERNATE VERSION WILL BE CONSIDERED ITEM #S WILL BE DEFERRED TO JUNE 17,2014 ITEM #7b ALTERNATE VERSION WILL BE CONSIDERED ITEM #7c WILL BE DEFERRED INDEFINATELY April 22, 2014 -54- ITEM#63704 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, puYSUant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating stYategy of the public body pursuant to Section 2.2-3711(A)(30) Light Rail April22, 2014 -55- ITEM# 63704(Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 3: 09 P.M. Voting: 11-0 Council Members Troting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Iroting Nay: None Council Members Absent: None (Closed Session (Break 3: 09 P.M. - 4:20 P.M.) 4:20 P.M. - 4:26 P.M.) April22, 2014 -56- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April22, 2014 6: 00 P.M. Mayor William D. Sessoms, Jr., called to ordeY the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, April 22, 2014, at 6: 00 P.M. Council Members Present: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Thomas Powell Pastor Calvary Chapel of Virginia Beach PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TotivneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TotivneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spit•it of the State and Local Government Conflict of Interests Act (the `Act ), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal interest", as defined by the Act, he will either abstain fYOm voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. April22, 2014 -57- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recoYded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Coz,cncil Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Kealty ("Prudential'). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matteYS in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of InteYests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of Ciry Council. Council Lady Wilson regularly makes this disclosure. Coz+ncil Lady Wilson's letter ofAugust 13, 2013, is hereby made a part of the record. April 22, 2014 -58- Item -V-E CERTIFICATION ITEM #63705 Upon motion by Councilman Moss, seconded by Council Lady Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Yoting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None April22, 2014 R E S 0 L U T 10 N CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #63704 Page 55, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3 712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk Apri122, 2014 -59- Itefn - V-F.1 MIiVUTES ITEM #63706 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS ofApril 8,2014. Voting: 11-0 Council Members Yoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Coitincil Members Voting Nay: None Council Members Absent.• None April 22, 2014 -60- ADOPTAGENDA FOR FORMAL SESSION ITEM #63707 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 22, 2014 -61- Iteni -V-H.Ia/b/c/d/e/f PUBLIC HEARINGS ITEM #63708 Mayor Sessoms DECLARED A PUBLIC HEARING: 1. FY2014-1 S RESOURCE MANAGEMENT PLAN (Budget) a. ORDINANCES FY 2014-1 S OPERATING and CAPITAL BUDGETS b. ISSUANCE OF REVENUE BONDS 1. GeneralObligation $66,400,000 2. Storm Water $ 9,000,000 3. Water and Sewer $27,000,000 k e._ AT.'l' AT.AT DD!)DAATVT.IV d. FEES - PERSONAL PROPERTY TAX e. FEES - STORM WATER -[ER UJ f. FEES - VARIOUS PLANNING re Stormwater Management The following individuals registered to speak: Dane Blythe, 2004 Oakleaf Lane, Phone: 537-1700, Chairman of Virginia Beach Taxpayers Alliance. Mr. Blythe requested the City lower Personal Property Tax and keep the $0.02 Cents for transportation. The economy's recovery has proven to be lackluster. Food prices are expected to rise 3.5% this year and many people are driving cars much longer than average. George Bryant, 2320 Dood Drive, Phone: 434-0825, has lived in Wolfsnare Plantation for 46 years and requested City Council not raise taxes again this year. Mr. Bryant's property assessment increased 11 % and, being on a fixed income, it is hard to pay bills. Mr. Bryant suggested the City not proceed with Light Rail and Maglev. The Ciry should spend less in an effort to combat the last ten (10) years of overspending. Kaitlyn Jensen, 520 Woodshire Way, Phone: 646-5277, Teacher at Pembroke Meadows Elementary. Ms. Jensen stated she dreamed of having a modest house, several childYen and Summers off to spend with them; however, that dream is not seen. Mrs. Jensen advised she takes home only $296 00 more a month than when she first started teaching. She is at the breaking point and if the City does not address salaries, she will be forced to consider looking elsewhere for employment. Season Roberts, 1168 Beautiful Street, Phone: 769-4867, Executive Director of CASA. Ms. Roberts stated CASA is a group of Yolunteers assigned by a Juvenile Court Judge to ensure Court Orders are beiizg followed. CASA works in collaboration with the Guardian ad litem and provides a historic insight to each child's needs. Last year, 58 Yolunteers logged over 6,000 hours and worked with 147 children. Ms. Roberts requested additional funding to provide more help for children. Joseph Polozzi, 1513 Bostwyck Place, Phone: 572-2721, Firefighter for the City for the past 7 years. Mr. Polozzi expressed his concern regarding pay compression the Department is experiencing. Mr. Polozzi advised compression is crating morale issues and the Ciry is losing qualified Firefighters to neighboring cities. Public Safety is essential. He requested full staff ng on fire trucks. April22, 2014 -62- Item -V-H.la/b/c/d/e/f PUBLIC HEARINGS ITEM #63708(Continued) Mike Aschkenas, serves on the Mayor's Commission on Aging, and requested a Comnzittee be established to review the Senior Real Estate Tax Relief Program. He advised the pYOgram, overall, works well; however, there are some changes that aYe necessary to make the program more viable. Trenace Riggs, 3608 Brannon Drive, Phone: 403-3573, President of the Virginia Beach Education Association. Ms. Riggs represented nearly 2,000 Teachers and School employees requesting City Coiincil provide additional funding to match the 3% pay raise for City employees. Many employees are taking home less money and the financial strain is demoralizing. If the City wants to continue recruiting the best employees then the City will have to invest money in the employees. Janet Meyer, 312 Spot Lane, Phone: 426-7759, a Sandbridge resident for the past 37 years, requested changes to Sandbridge Road. Five (S) people have lost their lives in accidents on Sandbridge Road in the last two (2) weeks. Reports say the road can accommodate 6,500 vehicles a day and will require carrying 8, 000 a day before improvements are made. Mrs. Meyer requested the City consider putting Ninzmo Parkway back onto the CIP. Joan Davis, 361 Back Bay Crescent, Phone: 714-2304, President of the Sandbridge Civic League, requested a safer way in and out of Sandbridge. 183 members were present at last night's meeting and votcd to ask for the extension of Nimmo Parkway to Sandbridge. Mrs. Davis requested the City put this praject back into the CIP. Marlayne Castelluzzo, 5189 Stratford Drive, Phone: 474-4346, long term resident of Kempsville, expressed concern regarding the disconnect with reality and City's needs. Between 2008 and 2010, 40,0000 jobs were lost in the Region, yet the City's Budget is up 10% with family incomes down 11 %a Ms. Castelluzo requested the City find money that is still hidden away and not raise taxes. Margaret Brzostek, 856 Outerbridge Quay, Phone: 479-1358, President of Coalition for Concerned Citizens for Centerville, is excited to see the increase of real estate assessments; however, many assessments declined in Centerville neighborhoods. Centerville has a low crime rate and the group has begun working with the Woods Corner owner to bring back tax revenue. George Pilgrim, 2200 Zia Drive, Phone: 301-3329, expressed concerns on the absence of recYeational bocat taxes, yet the City is using transportation funding for maintenance and dredging. The boat owners shvuld pay a tax and that would fund the maintenance and dredging. This would provide a steady funding source for dredging. Jinimy Reeve, 1476 Lotus Drive, Phone: 721-1019, advised Nimmo Parkway was a hot topic when he served on City Council and a lot has changed in Sandbridge since that time. Sandbridge has high density condos and additional day parking at Little Island. Mr. Reeve requested Nimmo Parkway be placed back on the City's CIP, especially with State Representatives saying they will make it a pYiority. Joshua Clark, 2117 Smith Avenue, Phone: 725-1445, with the Tidewater Builders Association, advised the Association cannot support the proposed stormwater fee structure and requested the City Council do sanae. Tarnmy Hopkins, 2640 Sandpiper Road, Phone: 348-6128, a Sandbridge resident, expressed concerns in safety and traffic analysis. Mrs. Hopkins requested the speed limit be lowered with more enforcement by Police. Jim Fulmer, 3008 Sand Fiddler Road, Phone: 287-7395, a Sandbridge resident, advised Sandbridge contributes a tremendous amount of money to the City. Mr. Fulmer requested the City make the safety of Saridbridge Road a prioriry in this Budget. April22, 2014 -63- Iter?z -V-H.1 a/b/c/d1e/f PUBLIC HEARINGS ITEM #63708(Continued) Diana Howard, 1057 Debaca Court, Phone 721-5128, requested Ciry Council control and prioritize speizding with the Number One priority beiszg Public Safety. Ms. Howard suggested the City delete and reduce 11 projects to promote public private partnerships. She expressed disbelief that City Departments wer°e asked to cut budgets to meet the shortfall, yet over 200 new positions are recommended in this Buclget. Ms. Howard stated the Ciry should reduce the size of government. Debbie Aardahl, 2033 Schubert Drive, Phone: 430-1206, is a Teacher with Virginia Beach City Public Schools. Mrs. AaYdahl expressed concern in the rise of health care premiums, taxes and fees, all while salcrries are remaining same. She requested the City provide additional funding to the Schools for pay raises and Ciry Council make the employees a priority next year by providing competitive wages. Lynn Callahan, 2637 Sandpiper Road, Phone: 472-1893, a Sandbridge Resident, expressed concern in safety. Mrs. Callahan requested changes to speed limit and additional signage. Sandbridge allows the operation of golf carts that go 25 mph and suggested the speed limit be lowered to avoid unsafe passing. William Bailey, 644 Edwin Drive, Phone: 288-5761, President of the Virginia Beach Professional Firefighters, expressed concern regarding the current health care proposal as it is unfair. Mr. Bailey advised that 113 of the workforce make less than $30,000 a year and salaries need to be a priority. Compression continues to be a concern and will only continue getting worse until addressed. Mr. Bailey suggested putting Police Officers at the Oceanfront instead of installing new cameras. Debbie Jones, Phone: 285-6352, expressed concern regarding healthcare premiums, compression and lack of salary increases. Ms. Jones stated the City is the "best run city in the country" and a 3% pay raise is not acceptable. Most employees have to have an additional part time job just to pay bills. Nancy Marchman, 2581 Sandpiper Road, Phone: 717-8647, expressed concern in Sandbridge Road safety and invited Council Members to drive the road and see firsthand the number of cars that pass on the double yellow line. Yvette William, 1148 Lawson Cove Circle, Phone: 621-2754, expressed concern regarding the Cypress Point Cell Tower. Ken Saya, 2857 Wood Duck Drive, Phone: 617-0914, advised he suffered a personal loss back in `93 due to can accident on Sandbridge Road and was the first person on scene to render first aid to victims in the tragic accident last week. Mr. Saya stated he will have to live with pulling two children out of the car knowing they were going to die. The Ciry has the power to budget the solution to this dangerous road. The people that travel Sandbridge Road deserve a safe road. Jimmy Frost, expressed appreciation to City employees for their hard work. He supports a personal property tax if that will support raises for employees. Mr. FYOSt also requested City Council make Ninzmo Parkway a priority and place it back on the CIP. * This Public Hearing was advertised for the Special Formal Session at Kempsville High School for Thursday, May 1, 2014. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. April22, 2014 -64- Itein -V-I.1 PUBLIC HEARING ITEM #63709 Mayor Sessoms DECLARED A PUBLIC HEARING: FEES - SEWER and WATER - CAPITAL RECOVERY There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. April 22, 2014 -65- Itern -V-I.Jla/b/c PUBLIC HEARING ITEM #63710 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASES OF CITY-OWNED PROPERTY a. 2089 Indian River Road b. 24rh Street and Atlantic Avenue c. 205 Laskin Road There being no speakers, Mayor Sessoins CLOSED THE PUBLIC HEARING. April22, 2014 -66- Item -V-K ORDINANCES/RESOL UTIONS ITEM #63711 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items l, 2, 3a/b/c/d, 4a/b, S, 6 and 7a(I1213)/b of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -67- Item -V-K.l ORDINANCES/RESOL UTIONS ITEM #63712 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND various portions of Section 2 of the City Code re the Small Business Enhancement Program Yoting: I1-0 Council Members VotingAye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Poting Nay: None Council Members Absent: None April 22, 2014 REQUESTED BY COUNCILMEMBERS DYER AND KANE 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 224.1, 2-224.2, 2-224.3, 2-224.5, 2-224.6 AND 2- 3 224.8 OF THE CITY CODE PERTAINING TO 4 THE SMALL BUSINESS ENHANCEMENT 5 PROGRAM 6 7 SECTIONS AMENDED: §§ 2-224.1, 2-224.2, 8 2-224.3, 2-224.4, 2-224.5, 2-224.6, 2-224.8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 2-224.1, 2-224.2, 2-224.3, 2-224.4, 2-224.5, 2-224.6, and 2-224.8 14 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to 15 read as follows: 16 17 Sec. 2-224.1. Definitions. 18 19 For purposes of this subsection, the following words shall have the meanings 20 ascribed to them in this section: 21 22 BMB€-SWAM-certified small business means a small business that has been 23 certified by the Virginia Department of Minority Business Enterprises or successor 24 department of the Commonwealth. 25 26 DMBE- SWAM-certified small business, iRGIUdiRg , 27 , subcontracting participation p/an: A plan 28 detailing, at a minimum: Whether the contractor intends to utilize any subcontractors; 29 what, if any, BAAB€ SWAM-certified small business, i , seFV*Ge 30 , subcontractors the contractor intends to 31 utilize; the work to be performed by each DMB€ SWAM-certified small business; 32 , 33 subcontractor; and the anticipated amount or percentage to be paid to each DMB€ 34 SWAM-certified small business, ' , 35 ;. SWAM-certified small businesses include 36 small businesses that are SWAM-certified as being minority owned, woman owned, or 37 disabled veteran owned. Prime contractors are strongly encouraaed to utilize minoritv 38 contractors as part of their overall small business subcontractina plan. The Citv Council 39 has established a qoal of 10% minoritv-owned business participation in Citv contracts. 40 41 Prime Contractor Workforce Composition Form means a document providinq the 42 following information: the composition of the contractor's workforce, specifically 43 indicating the percentage of woman, service disabled veteran and minority employees 44 in their company; the percentage of woman, service disabled veteran and minorities in 45 management positions, supervisory positions, professional positions, and 46 nonprofessional positions;_ 47 ,i , 48 ; 49 , , 50 ;o 51 , i , 52 , , ; 53 , 54 55 the . 56 57 Good-faith MineFity , 58 €tusiness Participation Efforts: The sum total of efforts by a particular busiRess bidder to 59 provide for the equitable participation of mneFu, 60 SWAM-certified small business subcontractors in response to a Citv 61 procurement. . 62 63 Specificitv means sufficient information necessary to enable the Citv staff to 64 substantiate or confirm the matter asserted. For example, "specificitv" in the context of a 65 guote requires at a minimum the followinq information: the firm providinq the quote: the 66 contract person or reqresentative for the quote; the date the quote was provided; and 67 the scope of work attributed to such quote. 68 69 , iS 6UFn total shall b- d of the FeGGFd Of MORGFe , 70 71 thmugh , , and ; 72 ; . 73 74 , " 75 effeFts" 76 i , 77 sub . 78 79 Minority, Service Disabled Veteran and Woman Contractors Bid List: A list of 80 contractors who have completed and filed with the purchasing agent the city's bidder 81 application indicating that their firm is a minority-owned, service disabled veteran or 82 woman-owned business. The purchasing agent shall maintain the list and shall organize 83 the list by category of business. Such list shall be provided, upon request, in its entirety 84 or by relevant category, to any interested party. The list shall not be deemed to 85 constitute an endorsement of the qualifications of any business included on the list. 86 87 Minority-owned Business: A business or other entity that is at least fifty-one (51) 88 percent owned and controlled by one (1) or more socially and economically 89 disadvantaged person(s). For purposes of this definition, the term "control" shall mean 90 exercising the power to make policy decisions and being actively involved in day-to-day 91 management. Such disadvantage may arise from cultural, racial, chronic economic 92 circumstance or background, or other similar cause. Such persons include, but are not 93 limited to, Black Americans, Hispanic Americans, Asian Americans, Eskimos, and 94 Aleuts. 95 96 Service disabled veteran: means a veteran who (i) served on active duty in the 97 United States military ground, naval, or air service, (ii) was discharged or released 98 under conditions other than dishonorable, and (iii) has a service-connected disability 99 rating fixed by the United States Department of Veterans Affairs. 100 101 Service disabled veteran business: means a business concern that is at least 102 51 % owned by one or more service disabled veterans or, in the case of a corporation, 103 partnership, or limited liability company or other entity, at least 51 % of the equity 104 ownership interest in the corporation, partnership, or limited liability company or other 105 entity is owned by one or more individuals who are service disabled veterans and both 106 the management and daily business operations are controlled by one or more 107 individuals who are service disabled veterans. 108 109 Small business means a business, independently owned and controlled by one 110 or more individuals who are U.S. citizens or legal resident aliens, and together with 111 affiliates, has two hundred fifty (250) or fewer employees, or annual gross receipts of 112 ten million dollars ($10,000,000.00) or less averaged over the previous three years. One 113 or more of the individual owners shall control both the management and daily business 114 operations of the small business. 115 116 Woman-owned Business: A business or other entity that is at least fifty-one (51) 117 percent owned and controlled by a woman or women. For purposes of this definition, 118 the term "control" shall mean exercising the power to make policy decisions and being 120 actively involved in day-to-day management. 121 Sec. 2-224.2. °°??d. Process to Determine Sufficiencv of Good Faith Efforts. 122 123 When a subcontracting participation plan does not provide the 50% SWAM- 124 certified participation requirement set forth in 2-224.6(b)(i) and a responsiveness 125 determination is required pursuant to 2-224.6(b)(ii), the determination of whether the 126 materials submitted with the bid satisfy the "good-faith" requirement is a question of fact 127 to be rendered by the purchasinq aqent. The followinq factors are relevant to such 128 determination: 129 130 (1) What steps the bidder has taken to solicit and negotiate subcontractinct bids 131 from SWAM-certified small businesses; 132 134 (2) Whether the bidder utilized the City outreach list, if applicable; 135 L31 Whether the bidder debundled or right-sized project components to allow for 136 meaninqful small business participation; 138 (4) Whether the bidder provided assistance in bondinq, insurance, equipment, 140 supplies, or other assistance or services; 141 (5) Whether the bidder has taken other steps to identify and enqaqe small 142 businesses that would be willinq and able to perform the subcontracted work; 143 144 and 145 (6) Whether the efforts undertaken bv the bidder appear to be reasonably 146 calculated to lead to the maximization of SWAM-certified small business 148 participation. 149 The review of the above factors should identify the reasons whv the 50% SWAM- 150 certified small business subcontractinq requirement was not met. If the Purchasinq 151 Aqent is satisfied that the documentation submitted with the bid evidences the bidder 152 made a good faith effort to provide for the equitable participation of SWAM-certified 153 small business in the procurement, the purchasing agent shall memorialize such 154 determination in the bid file. If the purchasing aqent is unable to make such 155 determination the rationale for such determination shall be communicated to the bidder 156 at the time of postinq intent to award. 157 158 Section 2-224.3. 8N1B€ SWAM-certified small business, including woman and 159 minority-owned business opportunities-Construction contracts; bid 160 requirements. 162 (a) Notice of every invitation to bid on city construction contracts in excess of fifty 163 thousand dollars ($50,000.00) shall be provided to 164 u , 165 bud lust all SWAM-certified small businesses in the relevant industrv sector located 166 within fift rL(50) miles of the city. In addition, the purchasing agent shall also forward 167 such notices, upon request, to any minority organization or other interested party. 168 169 170 171 (b) If a pre-bid meeting is held, the purchasing agent or designee shall provide 172 prospective contractors with direction regarding the resources for locating I)MB€ 173 SWAM-certified small businesses offered by the Virginia Department of Minority 175 Business Enterprises or successor department. 176 (c) Every bid submitted in response to an invitation to bid on a city construction contract 177 in excess of fifty thousand dollars ($50,000.00) shall be required to contain a 178 proposed DMB€ SWAM-certified small business, w , 179 „o+or.,., .,.,d miRGri+y ,,,.,.,od hUGincococ' subcontracting participation plan. T-he 180 subGentrartiRg , 181 , , 182 183 , inGluding , 184 GWRed , 185 186 187 (d) The purchasing agent shall provide, upon request, to all prospective prime 188 construction contractors, a list of all businesses included in the relevant categories 189 of the minority, service disabled veteran and woman contractors bid list; provided, 4 190 191 19 194 195 196 197 198 199 200 201 202 203 204 206 208 209 210 211 212 213 214 215 216 217 218 220 221 223 224 225 226 227 228 229 230 231 232 233 234 235 237 however, that the list shall not be deemed to include all available minority-owned or woman-owned subcontractors, nor shall it be deemed to constitute an endorsement of the qualifications of any subcontractor included on the list. (e) For purposed of this section "bid" shall include a reauest for proposals ("RFP") for construction where permitted desiqn-build proposals, construction manaqer at risk contracts and PPEA proposals (Detail Phase) for construction. (fl Prior to contract execution and provided the bidder meets the requirements of this section and Section 2-224.6 the bidder shall be afforded the opportunitv to update or validate the subcontractinq plan in the 10 days after the postinq of notice of intent to award. This update or validation will not be accepted if it substantiallv decreases the utilization either by dollar amount or percentage, of subcontracted work to SWAM-certified small business subcontractors. The final SWAM-certified small business subcontractinq participation plan shall become a part of the contract with the City. Sec. 2-224.4. Same-Contracts for provision of goods and services. Solicitations for goods and services contracts of more than fifty thousand dollars ($50,000.00) shall include at least three (3) DMBF= SWAM-certified small businesses, including minority-owned businesses, service disabled veteran-owned businesses or woman-owned businesses that are included on the list maintained pursuant to section 2-224.1 and are in the business of supplying goods or services of the kind to be procured, unless the list of available SWAM-certified vendors contains less than three (3) such businesses. DMBF= eeFtofffieds„^^.," "„°;^°°°es ;„?^^--?:ud:Tg m;^^r;+„_^W w busmnesse-, . In addition, the purchasing agent shall forward such solicitations, upon request, to any minority organization or other interestedparty. Sec. 2-224.5. Same-Procurement of professional and other than professional services by competitive negotiation. (a) Notice of every request for proposals ("RFP") for professional services shall be provided to ° ^h h? ???inone. innl? ?rloiJ ir? ?ho role?i•+n? naton;,?r+ni .,f +ho minnritv 6eniino , - ?. _..? .. ..?. all? SWAM-certified small businesses in the relevant industry sector located within fiftv (50) miles of the citv. In addition, the purchasing agent shall also forward such notices, upon request, to any minority organization or other interested party. pFev (b) If a pre-bid meeting is held, the purchasing agent or designee shall provide prospective contractors with direction regarding the resources for locating DMB€ SWAM-certified small businesses offered by the Virginia Department of Minority Business Enterprises or successor department. 5 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 255 256 257 258 259 260 261 262 264 265 266 267 268 269 270 271 272 273 274 275 276 277 279 280 281 282 283 284 285 286 (c) inGludiRg , , 6ewiee disabled YeteFaR aRd FAORGFmty OWRed b i subGE)ntFaGtiRg paFtiGipat*GR plaR. The , , , , subGoRtFaGtoRg ORGluding , . owned , . To the extent practicable the submitted proposal should provide possible subconsultants and subcontractors that the offeror intends to utilize in the execution of the services and whether such firms are SWAM-certified. . ?? , „ GORtFaGtor , solc,.+t.,,, .,r.,..occ Sec. 2-224.6. Responsible and responsive bidder; qualified offeror. (a) The provisions of this subdivision shall be used as criteria in determining whether a bidder is deemed to be responsible and responsive, ^-??heF a n e:fftireF-? o, and no contract shall be awarded to a bidder eF-e#eFe? who has not complied with the provisions herein. Failure to submit a proposed DMB€ SWAM-certified small business, inGluding , , subcontracting participation plan or sufficient documentation of qood-faith participation efforts with a bid eF pFepesal shall result in the bid eF PFepesa1 being declared nonresponsive. (b) For construction contracts with a value exceeding fifty thousand dollars ($50,000.00) where the contractor intends to utilize subcontractors, the DIVIB€ SWAM-certified small business, inGludiRg , min?rity ,,..,.,ed bu,??ses, subcontracting participation plan required by this sest+en article must either: (i) provide for at least fifty (50) percent of the value of the subcontracted work to be provided by one or more IDIVIB€ SWAM-certified small businesses; or (ii) provide documentation showing, with specificity, the aood-faith participation efforts undertaken by the prospective contractor to attempt to meet the fifty (50) percent usage requirement. In fulfilling the fifty percent SWAM-certified small business subcontractinq reauirement, prime contractors are stronqlv encouraaed to utilize minoritv-owned businesses as subcontractors. (c) If a subcontracting plan does not meet the requirements of subsection (b), the entire bid or proposal shall be declared nonresponsive to the solicitation. Sec. 2-224.8. Penalties. (a) Any bidder or contractor that intentionally makes a material misrepresentation in connection with any of the information required by subdivision shall be debarred from contracting with the city for a period of two (2) years from the date of notification of such debarment. 6 287 (b) Prior to final payment, each contractor shall submit a report documenting its efforts 288 undertaken in compliance with its final PMB€ SWAM-certified small business; 289 , , 290 subcontracting participation plan. The report shall include, at a minimum: A 291 statement of whether any DMB€ SWAM-certified small business subcontractors 292 were utilized; a list of any DMB€ SWAM-certified small businesses, 293 ; a brief description of the 294 work performed by each 8AA-B€ SWAM-certified small business, ' 295 ; the amount paid to each IDMB€ SWAM- 296 certified small business, inGlud*Rg, 297 subeentFaG ; and any additional good-faith minority-owned, service disabled 298 veteran-owned and woman-owned business participation efforts the contractor 299 made in connection with the contract. A contractor will not receive final payment 300 under a contract until he submits the documentation required by this subsection. 301 302 (c) If actual woman, service disabled veteran and minority participation substantially 303 deviates below the levels outlined in the final 8a4B€ SWAM-certified small 304 business, O , 305 "u°u^°cc°° subcontracting participation plan, the contractor shall provide an 306 explanation for the deviation within ten (10) days of a request by the city for such 307 explanation. If the explanation for the deviation lacks reasonable justification that 308 rises to the level of dishonesty or in the event the contractor refuses to submit an 309 explanation for the deviation, the contractor may be debarred from contracting with 310 the city for a period of up to two (2) years from the date of notification of such 312 debarment. 313 (d) The debarment of any bidder or contractor pursuant to this subdivision shall be 314 deemed to include the debarment of any successor corporation, partnership, firm or 315 other entity controlled or managed by any officer, director, partner or controlling 316 shareholder of the debarred bidder or contractor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of April , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , I....,..'? ? / ._ ? 1 + ... Finance Department orn s ffice CA12700 R-5 April 14, 2014 7 -68- Iteni -V-K.2 ORDINANCES/RESOL UTIONS ITEM #63713 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT a DONATION of One Hundred (100) recycling bins from Keep America Beautiful and AUTHORIZE the City Manager to EXECUTE an Agreement for same Voting: I1-0 CoztncilMembers VotingAye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Coatncil Members Yoting Nay: None Council Members Absent: None April22, 2014 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT A DONATION OF 100 RECYCLING BINS FROM KEEP AMERICA BEAUTIFUL R-2 April 15, 2014 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) A donation of 100 recycling bins from Keep America Beautiful is hereby accepted to further the City's recycling efforts in various parks and public areas; and 2) That the City Manager of his designee is hereby authorized to execute a donation agreement with Keep America Beautiful that is consistent with the summary of terms attached hereto as Exhibit 1. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of April 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? 7 , 4s ategic Gro Area Off' e City A ' ce CA-12991 Exhibit 1 SUMMARY OF TERMS DONATION AGREEMENT Donor: Keep America Beautiful Donee: City of Virginia Beach Requirements/Commitments: • Keep America Beautiful agrees to: o Provide 100 recycling bins. The City agrees to: o Use the bins for recycling at various City parks focusing in the Resort Area; o Arrange for delivery and receipt of the bins; o Report usage, deployment, and lessons learned to Keep America Beautiful at six months, one year, and two years. Exhibit 2 -69- Item -V-K.3a ORDINANCES/RESOL UTIONS ITEM #63714 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE Leases for City-owned properties re: a. Jody's, Inc. for an outdoor seating area at 31 Ocean Poting.• 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April22, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH JODY'S INC. FOR THE USE OF APPROXIMATELY FORTY-EIGHT (48) SQUARE FEET OF CITY-OWNED PROPERTY FOR AN OUTDOOR SEATING AREA AT 31 OCEAN WHEREAS, since 2009, Jody's, Inc. ("Jody's"), has leased from the City an outdoor seating area of approximately forty-eight (48) square feet located at 31 Ocean, 205 Laskin Road, Virginia Beach, Virginia (the "Leased Area"); and WHEREAS, Jody's proposes to enter into a new lease agreement for the Leased Area from the City for a one-year term with four one-year renewal options; and WHEREAS, the Leased Area would continue to be used by Jody's as a seating area for its customers, and for no other purpose; and WHEREAS, the Strategic Growth Area/Resort Management Office recommends that the City enter into a lease agreement with Jody's in accordance with the Summary of Terms attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized to execute a lease agreement for a one-year term with four one-year renewal options, between Jody's, Inc., a Virginia corporation, and the City, for the Leased Area, as shown on the plan attached hereto as Exhibit A, made a part of this Ordinance, and in accordance with the Summary of Terms attached hereto, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the City Council of Virginia Beach, Virginia on this 22nd day of April , 2014. Approved as to Content: A:,? L E?- Strategic Growth Area/ Resort Management Approved as to Legal Sufficiency: ))I G? City Attorney's Office CA12942 \\vbgov.com\DFS 1\Applications\CityLawProd%cycom32\W pdocs,D017\P018\001 I 6506.DOC R-1 March 17, 2014 SUMMARY OF TERMS LEASE FOR JODY'S INC. TO USE 48 SQUARE FEET OF CITY-OWNED PROPERTY AT 31 OCEAN LEASOR : City of Virginia Beach LEASEE: Jody's, Inc., a Virginia corporation PREMISES: 48 square feet of City-owned property located outside, under the roof-line, and in front of the space operated by Jody's, Inc., 205 Laskin Road, Virginia Beach, Virginia 23451. TERM: June 1, 2014 through May 31, 2015 RENEWAL: Four (4) optional one-year terms TERMINATION: City shall have right to terminate if necessary for a public purpose by giving sixty (60) days' notice. RENT: For the first year rent shall be: $834.68 per year Renewal rent shall be as follows: Year 2: $859.72 annually Year 3: $885.51 annually Year 4: $912.08 annually Year 5: $939.44 annually RESTRICTIONS ON USE OF LEASED AREA: • The sale, service, or use of alcohol in the Leased Area is strictly prohibited. • Live or recorded entertainment shall not be allowed in the Leased Area. • Materials placed in Leased Area must be approved by the City and no logos other than Jody's, Inc. logo shall be permitted. • All items placed in the Leased Area must be removed each night at the close of business. • No extraneous items such as menu boards, signs or portable heaters in the Leased Area shall be permitted. • Solicitation for tips or the posting or dissemination of printed material in the Leased Area is prohibited. \\vbgov.com\DFS 1 \Applica[ions\CityLawProd\cycom32\ Wpdocs\D017\P018\00116507.DOC LOCATION MAP 31ST STFtEET -70- Item -V-K.3b ORDINANCES/RESOL UTIONS ITEM #63 715 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE Leases for City-owned properties re: b. Kempsville Borough Boys Baseball, Inc. for artwork (sculpture) to be installed at Kempes Landing Park Yoting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Coctncil Members Voting Nay: None Council Members Absent: None April22, 2014 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 BETWEEN THE CITY OF VIRGINIA BEACH AND 4 KEMPSVILLE BOROUGH BASEBALL, INC. FOR 5 ACCEPTANCE AND MAINTENANCE OF ARTWORK 6 TO BE INSTALLED AT KEMPES LANDING PARK 7 8 WHEREAS, Kempsville Borough Boys Baseball, Inc. a/k/a Kempsville PONY 9 Baseball ("KPB") has commissioned Virginia Beach artist Richard Stravitz to design and 10 cast a life-size bronze sculpture of a young teen-age baseball player entitled "Good 11 Game" (the "Sculpture"); 12 13 WHEREAS, to commemorate the 50-year history of Pony baseball played in the 14 Kempsville area of the City of Virginia Beach (the "City"), KPB has offered to donate the 15 Sculpture to the City to be installed along with pavers and lighting (the "Supporting 16 Elements") in Kempes Landing Park; 17 18 WHEREAS, KPB has agreed to enter into a maintenance agreement with the 19 City holding KPB responsible for the installation, maintenance and repair of the 20 Sculpture and Supporting Elements, and all costs associated therewith (the 21 "Maintenance Agreement"); 22 23 WHEREAS, the Public Art Committee of the Virginia Beach Arts and Humanities 24 Commission ("VBAHC") reviewed the proposed Sculpture, location, and maintenance 25 provisions; and 26 27 WHEREAS, after review and discussion with City staff, the VBAHC recommends 28 that the City accept the Sculpture, and that it be installed together with the Supporting 29 Elements at Kempes Landing Park. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That the City Council hereby accepts the donation of the Sculpture entitled 35 "Good Game," and directs that such Sculpture and Supporting Elements be installed in 36 Kempes Landing Park; and 37 38 2. That the City Manager or his designee is authorized to execute any and all 39 documents necessary or appropriate in connection with the acceptance of the Sculpture 40 and Supporting Elements, and to enter into a Maintenance Agreement with KPB for 41 same, so long as such documents are consistent with the Summary of Terms attached 42 hereto as Exhibit A, and made a part hereof, and such other terms and conditions 43 deemed necessary and sufficient by the City Manager and in a form deemed 44 satisfactory by the City Attorney. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 2 n dday 47 of April 9 2014. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney °?-?- APPROVED AS TO CONTENT /1-j(, Office of C Itural Affairs CA1co 2777 DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D027\P007\00073004.DOC R-1 APPROVED AS.Y0 CONTENT rks and Recreation April 11, 2014 EXHIBIT A SUMMARY OF TERMS Agreement between the City of Virginia Beach and Kempsville Borough Boys Baseball, Inc. for ponation and Maintenance of Artwork ("Agreement") Parties: City of Virginia Beach ("City") Kempsville Borough Boys Baseball, Inc. a/k/a Kempsville PONY Baseball ("KPB") Purpose: To memorialize the rights and responsibilities of each party with respect to the sculpture "Good Game" ("Sculpture") and the property surrounding the Sculpture to be installed at Kempes Landing Park. Term: Agreement commences upon execution, and continues in perpetuity. KPB's Responsibilities: • Fund the creation, installation and maintenance of the Sculpture. • Fund and install brick pavers around the base of the Sculpture forming the shape of home plate. The front edge of the plate would be a maximum of 17' across ("Pavers"). • Maintain the Sculpture per the artisYs recommendation in perpetuity and repair when necessary. • Maintain, repair and replace Pavers when necessary, as determined by the Dept. of Parks & Recreation. City's Responsibilities: • No responsibility for construction, installation, or maintenance costs of Sculpture, Sculpture base, Pavers, or lighting. • Provide written acceptance of the Sculpture. Other Terms: • City has sole discretion to relocate Sculpture and/or Pavers at City's expense. • KPB to indemnify and hold City harmless for any damage suffered by Sculpture or Pavers. • Agreement may only be modified by writing, executed by both parties. • If Sculpture and/or Pavers suffer vandalism, repair and/or cleaning should be initiated within 48 hours. • If Sculpture and/or Pavers are not properly maintained, the City may remove Sculpture and/or Pavers at its discretion. FROM WEBSITE: www.kpb.org Kempsville PONY Baseball Statue Project and Paver Fundraiser Kempsville PONY Baseball is commemorating the decades of youth baseball played at our original location in the heart of Kempsville with a life-size statue of a young ballplayer. The statue will be placed in the new park near the old Kempsville "Pony-Colt" fields and will be surrounded by a field of etched pavers holding 50 years of your baseball memories. If you or your child, grandchild, or great-grandchild enjoyed the game of baseball while playing ar coaching at the Kempsville PONY fields at Kemps Landing, please consider supporting this project by purchasing an etched paver to record your personal baseball memory for posterity! The ballplayer is captured in our post-game tradition of congratulating the other team on a "Good Game." The "Good Game" statue will be placed in the middle of a paver field in the shape of home plate. Two different paver sizes are available: A standard 4" x 8" paver for a donation of $75 and a larger 8" x 8" paver for a donation of $250 or more. Because the area authorized for our use in the new park at Kemps Landing is sinall, the number of pavers we will be able to place there is limited. Only 89 8"x 8"pavers and 866 4" x 8" pavers will be available. With the many thousands of Kempsville players and families who have special memories of the Pony-Colt fields, the opportunity to record yours is limited. Etched paver orders are limited to 20 characters on each line (including spaces and punctuation). The 4" x 8" paver has up to three lines. The 8" x 8" paver has up to six lines. You can pay either by printing and filling out an order form: 8x8 Paver Order Form 4x8 Paver Order Form and mailing it with a check made out to "KPB Good Game Statue" to: Kempsville PONY Baseball PO Box 65243 Virginia Beach, VA 23467 "Good Game" -71- Ite»a -V-K.3c ORDINANCES/RESOL UTIONS ITEM #63716 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE Leases for City-owned properties re: c. John Doe for a dwelling at 2089 Indian River Road Voting: 11-0 Coisncil Members Yoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 22, 2014 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH JOHN 3 DOE FOR THE CITY-OWNED DWELLING 4 LOCATED AT 2089 INDIAN RIVER ROAD 5 6 WHEREAS, the City of Virginia Beach (the "City") owns a residential 7 dwelling (the "Premises") located on its property at 2089 Indian River Road 8 (GPIN 2403-81-7788) (the "Property"); 9 10 WHEREAS, the Police Department's Mounted Patrol facility is located on 11 the Property; 12 13 WHEREAS, the Police Department prefers to lease the Premises to a 14 police officer; 15 16 WHEREAS, John Doe, the current tenant (the "Tenant"), is a police officer 17 and desires to continue leasing the Premises; and 18 19 WHEREAS, the Police Department has requested that the name of the 20 Tenant not be publicly released for security reasons; and 21 22 WHEREAS, the Tenant desires to enter into a formal lease agreement 23 with the City in accordance with the terms and conditions set forth in the 24 Summary of Terms, attached hereto as Exhibit A, and made a part hereof; 25 26 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease agreement 30 between John Doe and the City of Virginia Beach for the Premises located at 31 2089 Indian River Road, in accordance with the Summary of Terms attached 32 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 33 modifications as may be acceptable to the City Manager and in a form deemed 34 satisfactory to the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 9?,nd 37 day of A p r i 1 , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L- . tI(i ,.ct C, m ? Public Wo s/ Fac' ies City Attorn y Management CA12939 R-1 Aprif 9, 2014 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D019\P018\00117177. DOC EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: John Doe (the "Tenant") PREMISES: Residential dwelling located at 2089 Indian River Road (GPIN 2403-81-7788) TERM: Month-to-month tenancy, commencing June 1, 2014, and shall not extend beyond May 31, 2019. RENT: $850 per month RIGHTS AND RESPONSIBILITIES OF LESSEE/TENANT: • Premises will be used solely for Tenant's residence, and for no other purpose. • Tenant will perform all necessary maintenance and repairs to keep the Premises clean and in good condition, at his sold expense (except heating, air conditioning and electrical). • Tenant will maintain renter general liability insurance coverage with policy limits of not less than $1,000,000 combined single limits per occurrence and will name the City as additional insured. • Tenant will comply with all applicable federal, state and local laws, ordinances, and regulations. • Tenant will comply with all terms and conditions set forth in the Lease. TERMINATION: Either party may terminate the Lease for any reason by giving thirty (30) days' written notice to the other party. LOCATION MAP -72- Itefn -V-K.3d ORDINANCES/RESOL UTIONS ITEM #63717 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, OYdinances to AUTHORIZE the City Manager to EXECUTE Leases for City-owned properties re: d. Virginia Beach Maritime Museum, Inc. for the "Old Coast Guard Building" at 24"' Street Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A LEASE FOR UP TO 5 YEARS WITH THE 3 VIRGINIA BEACH MARITIME MUSEUM, INC., FOR CITY- 4 OWNED PROPERTY LOCATED AT 24t" STREET AND 5 ATLANTIC AVENUE, TOGETHER WITH THE BUILDING 6 COMMONLY KNOWN AS THE "OLD COAST GUARD 7 BUILDING" 8 9 WHEREAS, the City of Virginia Beach (the "City") owns property located at 24tn 10 Street and Atlantic Avenue (GPIN: 2427-19-4622) (the "Property"), together with the Old 11 Coast Guard Building (the "Building"), which currently houses the Virginia Beach 12 Maritime Museum (the "Museum"); 13 14 WHEREAS, by authority of ORD-3333F, the City Manager entered into a lease 15 with the adjacent property owner for a small strip of land along the southern boundary of 16 the Property to enable the adjacent property owner to maintain pile caps to physically 17 support the adjacent building; 18 19 WHEREAS, the Virginia Beach Maritime Museum, Inc. a non-stock Virginia 20 corporation ("VBMM"), has previously leased the Property and operated the Museum, 21 and would like to enter into a new lease with the City for the Property, less and except 22 the portion leased to the adjacent owner (the "Premises"); 23 24 WHEREAS, VBMM has been paying the City one dollar ($1.00) per year in rent 25 and the City has provided the Museum with utilities, housekeeping and maintenance; 26 27 WHEREAS, the Museum is important to the City's museum program and to the 28 preservation of the City's maritime history; 29 30 WHEREAS, profits from sales from the gift shop are utilized for the upkeep of the 31 existing maritime exhibits and for purchase or creation of new exhibits; and 32 33 WHEREAS, the Premises will continue to be used for operation of the Museum, 34 a gift shop and office space. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute a lease for up to 5 years 40 between the Virginia Beach Maritime Museum, Inc., and the City for the Premises, in 41 accordance with the Summary of Terms attached hereto, and such other terms, 42 conditions or modifications as may be acceptable to the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd 46 day of Avril , 2014. APPROVED AS TO CONTENT: Public Works acilities anagement APPROVED AS TO LEGAL SUFFICIENCY: , , CC, c, t?,? City Attorney's Office?-' CA-12779 \\vbgov.comlDFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D012\P017\00115751.DOC R-1 April 7, 2014 SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO VIRGINIA BEACH MARITIME MUSEUM, INC. LESSOR: City of Virginia Beach LESSEE: Virginia Beach Maritime Museum, Inc. PREMISES: Approximately 12,000 square feet of City property located on Atlantic Avenue at 24th Street and known as the Old Coast Guard Building TERM: May 1, 2014 - April 30, 2019 RENT: Rent shall be one dollar ($1.00) per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for a maritime museum with a gift shop and offices and no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Maintain signage which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Premises. • Purchase and maintain commercial general liability insurance. • Comply with all requirements for maintaining the building's status as a National Historic Site. RIGHTS AND RESPONSIBLITIES OF CITY: • Maintain Premises, provide minimal weekly housekeeping services and pay for all utilities (except telecommunications fees), fuel, and solid waste collection. • Inspect the Premises for compliance with the terms of the lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATfON: • Either party may terminate the lease upon thirty (30) days' advance written notice to the other party. ?? ;91724 -fl-i ; , , 1 , ti r 9 p ? 1 i B 11i 1? '? ? ...? P O , ; '? ? p ,.n 7c ?a° • ? V 1 J ? 93 2"?'•j9 - RUIN %ia?. 23 ?N ? ? P t 1 -?- ` ' ° . ?--•"""?? ? t62 O ? cJ - x "" x LOCATtON PfOR ? LD COAST GUARD STATfON BUlLDING AND PROPERTY AT 24TH STREET AND ATLANTIC ? I AVENUE TO BE LEASED BY IRGINIA BEACH MARtTiME MUSEUM; I,NC ? SC.ALE:1p=100` ? ?p ? ? ? ? t x r s N. y, s PREPAFiEU BY t'/W tivU. un EXHIBIT A AREAS LEASED TO ADJACENT PROPERTY OWNER - EXCEPTED FROM LEASED PREMISES •? _, . . ?- ? ? -- i f ? f ? r,?N--fo ? I_Ftsl. YlocrtC ? . r ? - ? ?-- ? - > E Sz - 'i ?? • i ' , ? Lease Area ? r dTl? t.?41?'?? 7t, A10; E: fy,-oucc-o Cnf,- --- 1Jts; T Sct;c-- C ? .? c ? ? f i -73- Itenz -V-K.4a ORDINANCES/RESOL UTIONS ITEM #63718 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City-owned property known as: a. West Osborn Cove: N. E. and CHERYL K. RONDORF, Trustees of the Rondorf Family Living Trust, re a bulkhead, floating dock, pier, gangway, riprap revetment and riparian buffer at 2420 Pineland Cove DISTRICT S - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary Encroachments into a portion of the City-owned property known as West Osborn Cove: N. E. and CHERYL K. RONDORF, Trustees of the Rondorf Family Living Trust, re a bulkhead, floating dock, pier, gangway, riprap revetment and riparian buffer at 2420 Pineland Cove (GPIN 1498986442) DISTRICT S- LYNNHAVEN The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accoYdance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing or ordering the Grantee to remove all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee and that within thirry (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 4. 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 Encroachments. 5. 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. 6 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. April 22, 2014 -74- Itein -V-K.4a ORDINANCES/RESOL UTIONS ITEM #63718(Continued) 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the EncroachmentArea (the "Permit'). 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer (3,125 sq. ft.), which shall be a minimum of fifteen (15) feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of canopy trees, understory trees, shrubs of a size and species of the Grantee's choice that will architecturally blend with the species of trees planted, miscellaneous ground cover, ornamental grasses and perennial plants, as shown on Exhibit "A" (the Buffer ). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond, or other security, in an amount equal to the estimated cost of the required Buffer plantings to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer, as determined by the City, the bond shall be released. An access path, consisting of stepping stones, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 9. It is further expressly understood and agreed that the Grantee shall make an Eight Hundred Dollar ($800.00) payment, payable to the Ciry Treasurer, to the DepaYtment of Planning/Environment and Sustainability Office as compensation for the remainder (460 sq. ft.) of the typically required fifteen (1 S) foot-wide Riparian Buffer area that cannot be established on the property of the Grantee. Said Buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to the partial cost of plant mateYial which will be used to restore Buffer areas on other City-owned property. 10. 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, per person injured and property damage per incident, combined, with the City listed as an additional insured. 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 Encroachments. 11. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements as established by the City. 12. It is.further expressly understood and agreed that this Encroachment Agreement does not provide permission to the Grantee to maintain a shed or other accessory structure on City property or within the side yard setback provided by the City Zoning Code. Also, the Grantee must procure any permits or variances required by law for the Temporary Encroachments and any other feature shown on the Exhibit to this Agreement. April22, 2014 -75- Item -V-K.4a ORDINANCES/RESOL UTIONS ITEM #63718(Continued) 13. It is further expressly understood and agreed that 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 Encroachments sealed by a Registered Professional Engineer, if required by either the Department of Public Works City EngineeY's Office or the Department of Public Utilities Engineering Division. 14. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments, and pending such removal, the Ciry 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. 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 Encroachments are 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. Yoting.• 11-0 Council Members Yoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF AN EXISTING 6 CITY DRAINAGE EASEMENT KNOWN 7 AS WEST OSBORN COVE, LOCATED 8 AT THE REAR OF 2420 PINELAND 9 LANE, FOR PROPERTY OWNERS N. lo E. RONDORF AND CHERYL K. 11 RONDORF, TRUSTEES OF THE 12 RONDORF FAMILY LIVING TRUST 13 14 WHEREAS, the Rondorf Family Living Trust, through its trustees, desires to 15 maintain an existing timber bulkhead and to construct and maintain a proposed 8' X 12' 15 floating dock, 4' X 4' fixed access pier, 4' X 5' aluminum gangway, 225 L.F. riprap 17 revetment and a landscape riparian buffer (3,125 sq. ft.) into the City property known as ls West Osborn Cove, an existing City drainage easement, located at the rear of 2420 19 Pineland Lane, in the City of Virginia Beach, Virginia; and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 22 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 23 City's property subject to such terms and conditions as Council may prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2 s 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Rondorf Family Living 29 Trust, (the "Trust") its heirs, assigns and successors in title are authorized to maintain 30 temporary encroachments for an existing timber bulkhead and to construct and maintain 31 a 8' X 12' floating dock, 4' X 4' fixed access pier, 4' X 5' aluminum gangway, 225 L.F. 32 riprap revetment and a landscape riparian buffer (3,125 sq. ft.), into City property as 33 shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" - ENCROACHMENT 34 REQUEST FOR NEIL RONDORF JULY 24, 2013 SHEET 1 OF 1 SCALE: 1" = 30'," a 35 copy of which is on file in the Department of Public Works and to which reference is 36 made for a more particular description; and 37 38 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and the Trust (the "Agreement"), which is attached hereto and 41 incorporated by reference; and 42 43 BE IT FURTHER ORDAINED that the Agreement is limited to the authority 44 provided by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or 45 other approval of any feature displayed on the Agreement's Exhibit; and 46 47 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 48 hereby authorized to execute the Agreement; and 49 5o BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 51 time as N. E. Rondorf and Cheryl K. RondorF, the trustees and the City Manager or his 52 authorized designee execute the Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 2 n d day 55 Of April , 2014. CA-12583 R-1 PREPARED: 3/11/14 APPROVED AS TO CONTENTS I NATURE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ...__? , --DAN . HARMEYER, ASSOCIATE CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 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 2nd day of April, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and N. E. RONDORF and CHERYL K. RONDORF, Trustees, or their successors in trust, under the RONDORF FAMILY LIVING TRUST, dated October 28, 2003, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 29, Block B"; as shown on that certain plat entitled: "SUBDIVISION OF "GREAT NECK ESTATES" SECTION ONE LYNNHAVEN MAGISTERIAL DISTRICT PRINCESS ANNE COUNTY, VA. SCALE: 1" = 100' DECEMBER, 1956 SHEET TWO OF TWO," prepared by FRANK D. TARRALL, JR., a CERTIFIED LAND SURVEYOR for FRANK D. TARRALL, Jr. & ASSOCIATES SURVEYORS 7 ENGINEERS NORFOLK 7 VIRGINIA BEACH, VA, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 43, at page 28 and 28A, respectively, and being further designated, known, and described as 2420 Pineland Lane, Virginia Beach, Virginia 23454; GPIN: (NO GPIN REQUIRED OR ASSIGNED - DEDICATED CITY DRAINAGE EASEMENT KNOWN AS WEST OSBORN COVE) 1498-98-6442-0000; (2420 Pineland Lane) WHEREAS, it is proposed by the Grantee to maintain an existing timber bulkhead and to construct and maintain a proposed 8' X 12' floating dock, 4' X 4' fixed access pier, 4' X 5' aluminum gangway, 225 L.F. riprap revetment, (to be installed channelward of the existing timber bulkhead) and a landscape riparian buffer, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City drainage easement known as West Osborn Cove, located at the rear of 2420 Pineland Lane, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" - ENCROACHMENT REQUEST FOR NEIL RONDORF SCALE: 1' = 30' JULY 24, 2013 SHEET 1 OF 1," prepared by RICHARD T. BARTLETT, PROFESSIONAL ENGINEER for PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments 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 Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 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 Encroachments. 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 Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer (3,125 sq. ft.), which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of canopy trees, understory trees, shrubs of a size and species of the Grantee's choice that will architecturally blend with the species of trees planted, miscellaneous ground cover, ornamental grasses and perennial plants, as shown on Exhibit "A" (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, consisting of stepping stones, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall make an Eight Hundred Dollar ($800.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the remainder (460 sq. ft.) of the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 4 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, with the City listed as an additional insured. 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conforrn to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that this Encroachment Agreement does not provide permission to the Grantee to maintain a shed or other accessory structure on City property or within the side-yard setback provided by the City Zoning Code. Also, the Grantee must procure any permits or variances required by law for the Temporary Encroachments and any other feature shown on the Exhibit to this Agreement. It is further expressly understood and agreed that 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 Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Department of Public Utilities Engineering Division. 5 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments; 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 Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, N. E. Rondorf and Cheryl K. Rondorf, trustees, of the Rondorf Family Living Trust, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH gy (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 , 2014, by ? CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2014, by ? CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 The Rondorf Family Living Trust "?s ? Z? ? C1 S Tt=-ti B ?'? J r2 Y N. E. Rondorf, Trustee 0 ! ? f..?(/ t i??? l ? L?l i. ? ? L-' ?,ti„-c-? ^.-?...e..-?. C}E Cheryi K: `Rondorf, Trustee ' STATE OF CITY/C9!4N-W-OF to-wit: The foregoing instrument was acknowledged before me this day of 2014, by N. E. Rondorf, Trustee, on behalf of The Rondorf Family Living Trust. CQ0LIAL SEALj a"=? Not y Public Natary Registration Number. ?? 4SE34C) JOANNE K BERRY My Commission Expires: wotary public Commonwealth nf Virginia 304820 [MY Commissicxt Expiree Dec. 31]201 S T,ATE OF C ITY/C9?` O F__?q1 fo???, to-wit: V The foregoing instrument was acknowledged before me this c3l.?` ?day of 2014, by Cheryl K. Rondorf, Trustee, on behalf of The Rondorf Faa-nily Living Trust AL; N6?t? Public Notary Registration Number: JOANNE K BERRY ??y Commission Expires: Nolary Public Commonwealth of Virginia 304820 My Commission Expires Dec. 31, 2018 8 APPROVED AS TO CONTENTS Sl NATURE '??,C? Kc-cJ cafc ? ? ' DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM QJ4?.R. HARMEYER, ASSOCIATE CITY ATTORNEY 9 APO #2 WEST OSBORN COVE N/r CITY OF VIRGINIA BEACH PROPOSED 8'x12' FLQATING DOCK, 4'x4' FlXED ACCESS PiER, AND 4'x5' ALUMINUM GANGIVAY N PROPOSED 255 LF. RIPRAP REVETMENT ,. ,.. . EX. BIJLKFtEA ? INSTALL CHANNEIWARD OF EX. TIMBER BULKHEAD . . . ? . 9•pp" E 6.00 . ` .......... . ?' .' ?. . . . . - .... .. ??•? TERRACED?.'• . . '.' . • "' ? A ' 0b( S ECK? ' ' .?.MULCH BED'.'...' :.(nP).'.'.?.'.'.?.' . .'.'.'.. .'.':.'.?.. Y . ? ?. O ?s ? 1 STY. BR. & FR. ? SHED #2420 LOi 2B N/F ftVAC TRUST SERIES CPIr+: 1198 98 623? 2424 PINEUND LANE PROPOSED 3.125 SF UWDSCAPE BUFFER tNCLUDES P1JUiT1NGS OF. CANOPY TREES: (B) BALD CYPRfSS UNDERSTORY TREES: (8) NATCHEZ CREPE MYRTLES (8) BLOODGOOD JAPANESE MAPLE (24) SHRU85 TO 8E PIANTED AMONG THE iREES AND THROUGHOUT THE BUFfER AREA THAT WILL ARCHITECTURALLY BLEND WITH THE SPECES OF TREES PLANTED MISC. GROUND COVfR, ORNAMENTALGRASSES & PERENNIAL PLANTS A $ d• A M.B. 43 PG 28 N SI. OHW REACHES EX. 4S Sb6, TIMBER BULKHEAD .00 , E. o / C/[Oi??\_ . / • INC D OF ` " • 7?(j S? tOPE + y v, SHED U AREA, a cwari. ? urnx Arro i: PIK NEpES o O O t ? LOT 29 PINEIAND LANE - ? (aA.B. 43. PG. 28) . ? L0T 52 • CONCRETE- r+/r wwoio sunn GPIN: 1498 98 7536 -DRIVEWAY; . TURF 2416 PINEUND VWE IUHF ? • , a=ig0' °?' ? ' ?l" w iURF k10 ? BUfFER REO'D: 251.0'xi5'=3,765 SF l V f wAI ? . BUFFER PROVIDED: 3,125 SF 50 ??`?' * DIfFERENCE: 640 SF R/W 0?S) OSI PM (F) 00, S• 3e20l?•u 39.35' ` - ? H OF W ? RICHARD T. BARTtETT D Lic. No. 18335 ? JULY 24, 2013 Qz:- 2 0 30' 60' S'NN A L 1" = 30' EXHIBIT "A" - ENCROACHMENT REQUEST ? GPlN: 7498-98-6442 FOR ; ZoNING: R-20 NEIL RONDORF i ENGINEERING SERVICES PROVIDED Bl': ? PROFESSIONAL CONSTRUCTION CONSULTANTS, uc. JULY 24, ZO? 3 SHEEf 1 OF ? PHONE: (757) 773 -9084 EIWL• RICKOPCC-LLC.COAI -76- Itern -V-K.4b ORDINANCES/RESOL UTIONS ITEM #63719 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City-owned property known as: b. Harbor Canal: THOMAS E. and COLLEEN H. DRINKARD re floating dock, bulkhead, wharf and boatlift at 2320 Spindrift Road DISTRICT S - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary Encroachments into a portion of the City-owned properry known as Harbor Canal: THOMAS E. and COLLEENH. DRINKARD re floating dock, bulkhead, wharf and boatlift at 2320 Spindrift Road (GPIN 2409093756) DISTRICT S -LYNNHAVEN The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accoNdance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given the Temporary Encroachments must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 4. 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 Encroachments. 5. 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. 6 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. April22, 2014 -77- Itein -V-K.4b ORDINANCES/RESOL UTIONS ITEM #637I9(Continued) 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit ). 8. It is further expressly understood and agreed that the Grantee shall make a Six Hundred Eighty-Six Dollar ($686 00) payment, payable to the City Treasurer; to the Department of Planning/Environment and Sustainability Office as compensation for the typically required fifteen (1 S) foot-wide Riparian Buffer area that cannot be established on the property of the Grantee. Said Buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore Buffer areas on other City-owned property. 9. 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, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of ViYginia. The Grantee will provide endorsements providing at least thirry (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 Encroachments. 10. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements as established by the City. 11. It is further expressly understood and agreed that the GYantee must submit, foY 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 Encroachments sealed by a Registered Professional Engineer, if required by either the Department of Public WoYks City Engineer's Office or the Engineering Division of the Department of Public Utilities. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments; and, pending satch 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. 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 Encroachments are allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state tcrxes. April22, 2014 -78- Item -V-K.4b ORDWANCES/RESOL UTIONS ITEM #63719(Continued) Voting: 11-0 Colincil Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY 7 KNOWN AS HARBOR CANAL s LOCATED AT THE REAR OF 2320 9 SPINDRIFT ROAD, FOR PROPERTY lo OWNERS THOMAS E. DRINKARD 11 AND COLLEEN H. DRINKARD 12 13 WHEREAS, Thomas E. Drinkard and Colleen H. Drinkard desire to maintain an 14 existing 8' X 16' floating dock, bulkhead, 7' X 17' wharf, a 12' X 12' boatlift, to construct 15 and maintain 141' vinyl sheetpile bulkhead and to reconstruct an existing 10' x 20' wharf 16 and remove existing mooring pile, into City property known as Harbor Canal located at 17 the rear of 2320 Spindrift Road, in the City of Virginia Beach, Virginia; and is 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Thomas E. Drinkard and 27 Colleen H. Drinkard, their heirs, assigns and successors in title are authorized to 28 construct and maintain temporary encroachments for an existing 8' X 16' floating dock, 29 bulkhead, 7' X 17' wharf, a 12' X 12' boatlift, to construct and maintain 141' vinyl 30 sheetpile bulkhead and to reconstruct an existing 10' x 20' wharf and remove existing 31 mooring pile into City property as shown on the map marked Exhibit "A" and entitled: 32 "EXHIBIT A PROPOSED ENCROACHMENT OF BULKHEAD, DOCK & WHARF IN 33 HARBOR CANAL DATE: MARCH 3, 2014 SCALE: 1" = 30' SHEET 1 OF 1," a copy of 34 which is on file in the Department of Public Works and to which reference is made for a 35 more particular description; and 36 37 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and Thomas E. Drinkard and Colleen H. Drinkard (the 40 "Agreement"), which is attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 43 hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 46 time as Thomas E. Drinkard and Colleen H. Drinkard and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day 50 of April , 2014. CA-12741 R-1 PREPARED: 3/27/14 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM wn?.? ? v stK S NATURE ?b?0 ?2biq DATE ??.. N HARMEYER, D& -.` SSOCIATE CITY ATTORNEY PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 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 4th day of April, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS E. DRINKARD and COLLEEN H. DRINKARD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 233"; as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100' October, 1958, prepared by FRANK D. TARRALL, JR. and ASSOCIATES SURVEYORS & ENGINEERS, NORFOLK, VA. - VIRGINIA BEACH, VA. - PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2320 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing 8' X 16' floating dock, bulkhead, 7' X 17' wharf, a 12' X 12' boatlift, to construct and maintain 141' vinyl sheetpile bulkhead and to reconstruct an existing 10' x 20' wharf and remove existing mooring pile, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS HARBOR CANAL) 2409-09-3756-0000; (2320 Spindrift Road) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Harbor Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF BULKHEAD, DOCK & WHARF IN HARBOR CANAL DATE: MARCH 3, 2014 SCALE: 1" = 30' SHEET 1 OF 1," prepared by DAVID KLEDZIK, PROFESSIONAL ENGINEER for MARINE ENGINEERING, VIRGINIA BEACH, VA, " 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 Encroachments 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 Encroachments herein authorized terminates upon notice by the City to the Grantee, 2 and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removat. 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 Encroachments. 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 Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED EIGHTY-SIX DOLLAR ($686.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 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, with the City listed as an additional insured. 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that 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 Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what 4 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 Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Thomas E. Drinkard and Colleen H. Drinkard, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH gy (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 , 2014, by I 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. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, 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. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 Qy STATE OF YrfL Cj w04 C ITY/e6ttNtfiY-6f Y, vt. c.o,A S3rr+r`t-?, to-wit: Thomas E. Drinkard, Owner gy Colleen H. Drinkard, Owner 04 The foregoing instrument was acknowledged before me this 41 r day of AD,c t c , 2014, by Thomas E. Drinkard. Notary Registration Number: o? tv oZ 4 3 0 (SEAL) Notary Public My Commission Expires: la - 31- KRfSTAL M. JOHNSON NOTARY PUE3LIC Commonwealth of Virginia Reg. #262930 My Commicsion Expires Dec. 31. 2015 STATE OF ?` i K..G 4rJ '1f C ITY/C i k.G, ?4?t ?wt&, to-wit: 7f r14 The foregoing instrument was acknowledged before me this day of AQktf L , 2014, by Colleen H. Drinkard. A -?- (SEAL) Notary Public Notary Registration Number: ,2{o? C) KRISTAL M. JOHNSON My Commission Expires: 1aZ - 3?-?'? NoT?RV Puauc Commonwealth of Virginia My Commis son Ex26es Dec. 31. 2015 7 APPROVED AS TO CONTENTS ? , 'Tp C S NATURE N Cl?? -7, 20!_ DA E PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM "?kRMEYER, IATE CITY ATTORNEY 8 BAY ISLAND SEC 2 LOT 222 NIF AMIELA KATTAN BAY ISLAND SEC 2 LOT 221 2333 LEEWARD SHORE DR NIF TODD HOLLOWELL ALT OF D BAY ISLAND SEC 2 LOT 220 GPIN # 2500 00 2040 ? .? DOC# 2010101800110178D 2329 LEEWARD SHORE DR ,/?j NIF PAUL E DICKSON GPIN # 2409 09 3968 O ? 2325 LEEWARD SHORE DR MB48PG15 DOC#20080326000338510 .o,-A GPIN 9 2409 095 9180 MB 48 PG 15 DB 4187 PG 136 ? KLE?ZIK ? MB 48 PG 15 ? . ? FAR SIDE OF CANAL `- HAS BULKHEAD AND Lic• No• 034674 ,Q+ IMPROVEMENTS FOR ACCESS ? 3/3%2014 HARBOR CANAL 0 ONAL ?Cs CANAL CENTER LINE _?_- _-?? - ---l -- ------------------------"EXISTING MOORING PILE TO BE REMOVED ? . i i 68' EXISTING 12'Xt2' BOATLIFT '. EXISTING 8'X16' FLOATING DOCK TO REMAIN IN PLACE CANAL EXISTING 7'X17' WHARF TO REMAIN IN PLACE EXISTING BULKHEAD - SPAN TO REMAIN IN PLACE ? PROPOSED 141' VINYL OTHERS --- SHEETPILE BULKHEAD EXISTING -------- A BULKHEAD I OTHERS EXISTING BULKHEAD MEAN HIGH WATER 8 MEAN LOW WATER LEVEL AT EXISTING BULKHEAD w Z PROPERTY LINE #2320 79.00' S 88°56'41" E . k BAY ISiAND SEC 2 LOT 232 NIF DANTE BARAL 2324 SPINDRIFT RD GPIN tl 2409 09 2717 DOC#20121031001265750 MB48PG15 PIN (F) 60.20' S 78°25'pq' E 34-- PROPERN LINE 6' BULKHEAD TIEDOWN 1 2 A 85 121' B 80' 102' C 77' 83' D 82' 66' E 142' 60' A-B 20' BL 20' C-D 20' D-E 81' 1 PROPERTY LINE BAY ISLAND SEC 2 LOT 233 NIF THOMAS DRINKARD 2320 SPINDRfIT RD GPIN # 2409 09 3756 D8 4714 PG 619 MB 48 PG 15 L=130.00' 723' TO LEEWARD SHORE DR 10' 0'- 10' 20' 40' ?-- SCALE: 1' = 30' LICATION FOR ENCROACHMENT MAS DRINKARD D SPINDRIFT RD ;INIA BEACH, VA 23451 R=2361.59' SPINDRIFT ROAD EXHIBIT A PROPOSED ENCROACHMENT OF BULKHEAD, DOCK & WHARF IN 3' 2 ? • 'a . . ? - a 1-5 e a . : ? \ e? f ? • ? ? PIN (f) ? PROPOSED RECONSTRUCTION I OF EXISTING 10'X20' WHARF 3 PROPERTY LINE BAY ISLAND SEC 2 LOT 234 NIF VIRGINIA POYET 2316 SPINDRIFT RD GPIN # 2409 094 7860 DB 2168 PG 434 MB 48 PG 15 1ARINE ENGINEERING 297 BRADDOCK AVE 'IR6INIA BEACH, VA 23455 ?HEET 1 OF 1 )ATE: MARCH 3, 2014 -79- Item -V-K.S ORDINANCES/RESOL UTIONS ITEM #63720 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution for the ESTABLISHMENT of Reliance Medical Transport LLC and provide an annual EMS permit for private a`nbulance services Troting: I1-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Tjoting Nay: None Council Members Absent: None April22, 2014 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 RELIANCE MEDICAL TRANSPORT LLC IN VIRGINIA BEACH 3 AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Reliance Medical Transport LLC; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Reliance Medical Transport LLC for the estabtishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an annual 31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is 32 hereby approved and granted, effective immediately and until June 30, 2014. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22ndday of 35 April , 2014. APPROVED AS TO CONTENT: rgency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: City At ey's ffice CA12987 R-1 April 7, 2014 -80- Itern -V-K.6 ORDINANCES/RESOL UTIONS ITEM #63721 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $101,938 from the Virginia Department of Health, Office of Emergency Medical Services (EMS) for the Four for-Life program re purchase of rescue equipment and medical supplies Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 2 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO PURCHASE EQUIPMENT AND MEDICAL SUPPLIES 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That $101,938 is hereby accepted from the Virginia Department of Health, Office of 7 Emergency Medical Services, and appropriated, with estimated state revenues increased 8 accordingly, to the FY 2013-14 Operating Budget of the Department of Emergency Medical 9 Services to purchase additional rescue equipment and medical supplies. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of April 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ( a e'?) - &A?? udget and Management Service APPROVED AS TO LEGAL SUFFICIENCY: r P ? City Attorn s ffice CA12933 R-1 March 31, 2014 -81- Itein -V-K.7a(1/2/3) ORDINANCES/RESOL UTIONS ITEM #63722 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to TRANSFER: a. Funds from the School's various classifications to technology classifications (1) from Instruction $992,283 (2) from Transportation $243, 408 (3) from Operations And Maintenance $ 3,165 TTOting: 11-0 Coiancil Members Yoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Coisncil Members Voting Nay: None Council Members Absent: None April22, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE FY 2013-14 SCHOOL OPERATING BUDGET WHEREAS, the School Board requests, by resolution adopted April 1, 2014, a transfer of funds from various classifications to the technology classification to purchase computers, monitors, printers, iPads, iPad carts, laptops, laptop carts, scanners, software and software upgrades, multifunctional devices, and computer supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,238,856 is hereby transferred within the FY 2013-14 Schools Operating Budget (115 Fund) in the amounts set forth below: 1. $992,283 from the Instruction Classification to the Technology Classification; 2. $243,408 from the Transportation Classification to the Technology Classification; 3. $3,165 from the Operations and Maintenance Classification to the Technology Classification. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of April , 2014. APPROVED AS TO CONTENT 04. Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: ? Cit y' Office CA12986 R-1 April 2, 2014 A H E A School Board of the City of Virginia Beach 2512 George Mason Drive P.O. 8ox 6038 ' Vrginia Beach, VA 23456-4038 ' (757) 263-1016 www.vbschools.corNschoalboard Sheila S. Magula, Ed.D., Superintendent E Joel A. McDonald, Districk 3- Rose Hail Robert N. "Babby" Melatti, At-Large Samuel G. "Samu Reid, District 6- Beach Elizabeth E. Taylor, At-Large Leonard C. Tengco, District i- Centenrilfe Garolyn D. Weems, District 4- Bayside Daniel D. "Dan" Edwards, Chairman District 2 - Kempsvilie Wiiliam J. "Bill" Brunke, N, Vice-Ghairman District 7 - Princess i4nne Beverly M. Anderson, At-Large Emma L. "Em" Davis, District 5- Lynnhaven Dorathy M. "Dottie" Holtz, At-Large RESOLUTION REGARDING FY 2013-14 BUDGET AND REQUEST FOR CATEGORtCALjFUNQ TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year apprapriated funds to the School Board of the City of Virginia Beach, Virginia by major Categary; and WNEREAS, the Code of Virginia §22.1-115, as amended, requires that technology-related expenditures be made 'rn a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schoalsjdepartments have technology-related spending needs that require categorical/fund transfers to enable purchases such as: computers, monitars, printers, iPads, iPad carts, laptops, laptop carts, scanners, software and saftware upgrades, multifunctianal devices and computer supplies; and WHEREAS, the fallawing budget transfers are recommended by the School Administration: • Total of $992,283 from Operating Fund 115 - Instruction ta Operating Fund 115 - Technology • Tatal of $243,408 from t?perating Fund 115 - Transportation to Operating Fund 115 - Technolagy • Total of $3,165 from Operating Fund 115 - Operations and Maintenance to Operating Fund 115 - 7echnobgy; and WHEREAS, these transfers are alsa necessary to appropriately expense and account far these expenditures; and WHEREAS, transfers between categoriesjfunds must be approved by the City Council prior to expenditure of such funds by the School Board. NUVIJ, THEf2EFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recammended uses of these funds; and be it FURTHER RE50lVEt7: That the School Board requests that the City Council approve the hudget categorica{Jfunds transfers shown above; and be it FINALLY RESOLVED: That a copy of this ReSOlution be spread across the officiaf minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolutian to the Mayor, each member of the City Councif, the City Manager, and the City Clerk. Adopted by the School Board af the City of Virginia Beach this 1" day of Aprii 2014 S E A L ATTEST: Daniel D. Edwards, Chairman ? Dianne P. Alexander, Clerk of the Board -82- Iteni -V-KJ.7b ORDINANCES/RESOL UTIONS ITEM #63723 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to TRANSFER: (b) $170,000 within the Sheriff's Budget for additional part-time positions re workload demands Yoting.• 11-0 Coatncil Members Yoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, JY., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council MembeYS Absent.• None April22, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE SHERIFF'S OFFICE OPERATING BUDGET FOR THE PURPOSE OF FUNDING 3.9 PART-TIME FTES TO ADDRESS WORKLOAD DEMANDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $170,000 is hereby transferred within the FY 2013-14 Operating Budget of Sheriff's Office to provide additional part-time positions to address workload demands; and 2. That the Sheriff's Office position total is hereby increased by 3.9 part-time positions to address workload demands. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of April 2014. Approved as to Content: Approved as to Legal Sufficiency: ?- Management Services , e ? s O ice CA12988 R-1 April 10, 2014 -83- Item -V-L PLANNING 1. CITY OF VIRGWIA BEACH 2. ICAREN C. DALESANDRO 3. JUDYSTUVER and DOUG and JUDYSTUVER 4. ENTERPRISE LEASING COMPANY OF NORFOLK and SISTERS II, LLC ITEM #63724 5. NEW CINGULAR WIRELESSS P. C., LLC. and CYPRESS POINT ENTERPRISES, INC. 6. MOORE FARM, LLLP 7. HISTORIC KEMPSVILLE MASTER PLAN AREA STORMWATER MANAGEMENT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZOING & CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING April22, 2014 -84- Item -V-L PLANNING ITEM #63725 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN 01VE MOTION, BY CONSENT, Items la/b(ALTERNATE VERSION)/c/d/e/f/g, 2, 3, 4, Sa/b(DEFER TO JUNE 17, 2014), 6 and 7a/b(ALTERNATE VERSION)/c(DEFERRED INDEFINATELY)/d(I) and (2) of the PLANNING AGENDA. Voting.• 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -85- Item -V-L.la PLANNING ITEM #63726 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code re Stormwater Management a. Appendix F(Chesapeake Bay Preservation Area Ordinance) Voting.• I1-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 1 AN ORDINANCE T 2 APPENDIX F, 3 PRESERVATION 4 SECTIONS 102, 5 PERTAINING 6 MANAGEMENT 7 O AMEND THE CITY CODE, (CHESAPEAKE BAY AREA ORDINANCE) 106, 107 AND 109 TO STORMWATER 8 Sections Amended: Chesapeake Bay Preservation Area Ordinance 9 §§ 102, 106, 107 and 109 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 102, 106, 107 and 109 of the Chesapeake Bay Preservation Area 15 Ordinance are hereby amended and reordained to read as follows: 16 17 Sec. 102. Purpose and intent. 18 19 (A) This ordinance is adopted in order to implement the requirements and stated 20 purposes of The Chesapeake Bay Preservation Act ( Sections 62.1-44.15:67 10.100 21 through 62.1-44.15:79 10.6 of the Code of Virginia) and the Chesapeake Bay 22 Preservation Area Designation and Management Regulations (9 VAG-10-20 10 9VAC 23 25-830-10 et seq.) promulgated thereunder. 24 25 26 27 COMMENT 28 29 This amendment brings the cited Regulations into conformity with the revisions of the 30 Virginia Code and Regulations in regard to the Chesapeake Bay Preservation Act. 31 32 Sec. 106. Performance standards. 33 34 The performance standards set forth in this Section are intended to prevent a net 35 increase in nonpoint source pollution from new development and development on 36 previously developed land where the runoff was treated by a water quality protection 37 best management practice-. ,, °^"o°??° ? ?., ±o;; ??1n, ? no N?. r „o„+ re,?,,,.+;,,., ;., .,,, •+ seurGe ,.,.., ., ?, 38 39 , 40 41 uses. Stormwater manaqement criteria shall be consistent with the provisions of the 42 Stormwater Manaaement Ordinance fAppendix Dl. 43 44 .... 45 46 (7)--C+nrmwaFpF Fnan uTri avr h Fho w leF q?. +}" 'ageFneTt Gni°rr-?a-vvnriJi°n c? 47 rnrnfon4vric?r?n pnf?FS?S ?.? 7(1 _ 7'I o ct Sir 1 ef the ?/iririr?in C4nrm?i ? -?rr?r ? zv-rT-r eF 48 49 50 . 51 ^ 52 (a)-IRGGFPQFat4GR_?n the-sate of best rnanc rvormrr rronF pr ntino Fhu} moe} +h ry c rnTCCCZrre n?on4ien ro`r? ?Ma.. i romontc? co+ 53 \M'lter n? ??IirF?i r?r Prvc ?? v¦rv f.,rFh in thic? s? ?hc?eGt' C +4. 54 , 55 56 57 ; 58 59 60 ' the , 61 62 63 n, ?ir 64 is t"at ° ..,, . or) h?i +??s suu ,u w ., ? .,? Se,.+,,.., .,a y y , 65 66 67 , 68 69 uvater n? ?nr+J ., ?1 r.,r„+e„+;,,,, ?,. va.? ,, ;.,.,l?.,+ +„ ui +h .,+ h+?,• bSeGti 70 Any i , , 71 as- , 72 , 73 ?, , h??-?;G?. 74 75 (-8-) -F°o; -any- develepment-er reQe velepmep t ?term-'o o-atc--runeff s„ ^ ? --pe , ? 76 77 r° uI} : 78 79 , 80 $') Jmnnrvi?? ........? n??i?r /I\/A\ ef a??i?n4?i fi?io /7?.\ nornont .?..... . v....?. r . •? r?v? ?a? . 82 83 (h) F=„r ,-ode,????rnent, the-Rsnps+Rt SOU; sePA ?,',Ut+eR lead6na'! Qe 84 85 MaRageF-rnay--wai?e-r??-r?aecj+fy tk?FequiFernent -far -r.,^lopm^^?? 86 87 , . 88 89 . 90 ; and 91 92 . 93 "GAY 94 95 the--rna+RteRa-Ree--plaRs sf-sUeh-fas+li#ies-T#e ex ^ev 96 97 +hese reni iirornent 98 99 {G}--g-fPd-wveEoprneRt-n nRd pe7tdwEel2pmentload-ings-s#all-b 100 101 102 . 103 104 105 106 wetla-RGIG 'ME)US GaVe-F shall-inslude +" water-6UFf ^ro ^f 107 SWOMMing eeI. 108 109 110 b.. ? omr?lr??io ..??,r,,., y .,.. ? }e th? m?vimm evton+ pr l.t'i.nhl , 111 112 .... 113 114 COMMENT 115 116 This amendment deletes the provisions of Appendix F that refer to Stormwater 117 Management and refer to Appendix D, Stormwater Management. 118 119 (16) All development exceeding two thousand, five hundred (2,500) 120 square feet of land disturbance shall be accomplished through a plan 121 of development review process consistent with Section 15.2-2286 3 122 (A)(8) of the Code of Virginia and sub' oVAG 10 ?.? 123 2-34 9VAC25-830-240 (Chesapeake Bay Preservation Area 124 Designation and Management Regulations). 125 126 .... 127 128 COMMENT 129 130 This amendment brings the cited Regulations into conformity with the revisions of the 131 Virginia Code and Regulations in regard to the Chesapeake Bay Preservation Act. 132 (B) Development criteria for Resource Protection Areas. In addition to the general 133 performance standards set forth in this section, the following standards shall 134 apply to all use, development and redevelopment in Resource Protection 135 Areas, except as otherwise provided herein: 136 137 138 (c) Redevelopment shall be permitted in the Resource Protection Area 139 only if (i) there is no increase in the amount of imperious cover; (ii) 140 no further encroachment within the Resource Protection Area; and 141 (iii) such redevelopment conforms to applicable erosion and 142 sediment control criteria set for in Chapter 30 and stormwater 143 management criteria set forth in 144 the Stormwater Manaaement Ordinance fAppendix Dl to applicable 145 stormwater management requirements of all state and federal 146 agencies. 147 148 .... 149 150 (e) Flood control and stormwater management facilities that drain or 151 treat water from multiple development projects or from a significant 152 portion of a watershed may be allowed in Resource Protection 153 Areas, provided that: 154 155 3. The facility is consistent with a stormwater management 156 program approved by the G#esapea-ke Ba--LsE;a',-??isGe 157 BeaFd Virqinia State Water Control Board as a Phase I 158 modification to the City's program; 159 .... 4 160 COMMENT 161 162 This amendment deletes the reference to the portion of the Ordinance that is deleted and 163 references Appendix D. It also deletes the Chesapeake Bay Local Assistance Board, which has been 164 disbanded, and replaces it with the Virginia State Water Control Board. 165 166 Sec. 107. Plan of development process. 167 168 .... 169 (A) General plan of development process. Except as otherwise provided herein, 170 the plan of development process for any devetopment or redevelopment in a 171 Chesapeake Bay Preservation Area, except development or redevelopment 172 requiring an administrative variance pursuant to Section 110(B), shall consist 173 of the plans and information identified below: 174 175 (1) A site plan or a subdivision plat which meets the requirements of the Site 176 Plan Ordinance (Appendix C) or Subdivision Ordinance (Appendix B), as 177 the case may be, and which clearly delineates the following 178 environmental features: 179 180 (a) Tidal wetlands; 181 182 (b) Tidal shores; 183 184 (c) Nontidal wetlands; the location and extent of which shall be 185 determined in accordance with the procedures specified in the 186 United States Corps of Engineers' Wetland Delineation Manual, 187 Technical Report Y-87-1, January 1987, Final Report, and the 188 Regional Supplement to the Armv Corps of Enqineers Wetland 189 Delineation Manuaf; Atlantic and Gulf Coastal Plain Reqion 190 ERDC/EL TR 10-20 as restricted by Section 103 of this ordinance; 191 192 .... 193 194 (3) A stormwater management plan containing maps, charts, graphs, tables, 195 photographs, narrative descriptions, explanations, and supporting 196 references. At a minimum, the stormwater management plan shall 197 contain the following: 198 199 (a) Location and design of all planned stormwater control devices. 5 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 (b) Procedures for implementing nonstructural stormwater control practices and techniques. (c) A long-term schedule for inspection and maintenance of stormwater management consistent with the Stormwater Management Ordinance (Appendix D). (d) A maintenance agreement as deemed necessary and appropriate by the City Manager to ensure proper maintenance of best management practices in order to continue their functions. (e) Predevelopment and postdevelopment nonpoint source pollutant loadings with supporting documentation of all utilized coefficients and calculations as outlined in the Stormwater Manaqement Ordinance fAppendix Dl. (f) For stormwater management facilities, verification of structural soundness, which shall be certified by a professional engineer. All engineering calculations shall be performed in accordance with the current edition of the City of Virginia Beach Public Works Standards and Specifications and the current edition of the Virginia Stormwater Management Handbook. Lq) Such additional elements as are required to be contained in a stormwater manaqement plan for Chesapeake Bav land disturbing activities bv the Stormwater Manaqement Ordinance fAppendix Dl COMMENT These amendments clarify the definition for nontidal wetlands (lines 185-191). It also deletes the CBPA reference to stormwater requirements and replaces it with a reference to Appendix D. Sec.109. Exemptions. (A) Exemptions for publrc facilitres. 6 240 (1) Construction, installation, operation and maintenance of electric, natural 241 gas, fiber optic, and telephone transmission lines, railroads, public roads 242 and their appurtenant structures in accordance with (i) regulations 243 promulgated pursuant to the Erosion and Sediment Control Law (Code of 244 Virginia, Section 10.1-569 62.1-44.15:51 et seq.) and the Stormwater 245 Management Act (Code of Virginia, Section 1-9.1-693.1 - 62.1-44.15:24 et 246 seq.); (ii) an erosion and sediment control plan and a stormwater 247 management plan approved by the Virginia Department of Sen-serva#+eR 248 and-ReGreation- Environmental Qualitv; . . . . . 249 250 COMMENT 251 252 This amendment brings the cited Regulations and Virginia Code provisions into conformity 253 with the revisions of the Virginia Code and Regulations in regard to the Chesapeake Bay 254 Preservation Act. 255 256 This Ordinance shall become effective on July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day Of April , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V Planning City Attorney's Office CA12494/R-6/January 17, 2014 7 -86- Item -V-L.Ib PLANNING ITEM #63727 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code re Stormwater Management b. ALTERNATE VERSIONAppendix B(Subdivision Regulations) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ALTERNATIVE VERSION AN ORDINANCE TO AMEND THE CITY CODE, APPENDIX B, (SUBDIVISION REGULATIONS) SECTIONS 5.5, 6.1, 7.1, 7.7 AND 8.1 PERTAINING TO STORMWATER MANAGEMENT Sections Amended: Subdivision Regulations §§ 5.5, 6.1, 7.1, 7.7 and 8.1 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 5.5, 6.1, 7.1, 7.7 and 8.1 hereby amended and reordained to read as follows: REQUIRED IMPROVEMENTS Sec. 5.5. Street and other drainage. of the Subdivision Regulations are (a) [Curbs and gutters]. Curbs and gutters built to specifications of the department of public works, as approved by the council of the City of Virginia Beach shall be required, except as provided in subsection (c), on all streets, except when it is determined by the director of planning or his designee that existing soil or site conditions would make this requirement impractical or where the use of linear best management practices is better promoted otherwise, in which case a waiver or modification may be authorized, , he-weveF, as provided in subsection (d). 42 43 COMMENT 44 45 This amendment makes this section conform to the waiver provisions of this ordinance. 46 47 (d) [lNaiver or modification.] The director of the department of planning shall 48 consider and may approve a waiver or modification to the requirements 49 set forth in sections 5.5(a) and 5.5(b), for a subdivision, provided that the 50 following are met: 51 52 (i) Each lot in the subdivision shall be no less than fifteen thousand 53 (15,000) square feet in area; 54 55 (ii) Each lot shall provide area for no fewer than four (4) on-site parking 56 spaces; 57 58 (iii) All open drainage systems shall be provided and designed in 59 accordance with the perFormance standards and design criteria of 60 ' the stormwater management ordinance; 61 62 (iv) The proposed system of open or natural drainage ways shall be an 63 appropriate component of a stormwater 64 management plan to be approved for the subdivision as part of the 65 process for granting a waiver or modification under this section. Such 66 stormwater management plan shall 67 include in addition to the requirements of Section 1-6, Appendix D, 68 the followinq elements: A tree inventory/protection plan meeting the 69 requirements of Sec. 1.4, Appendix E; a wetlands delineation; 70 depicting the limits of tidal and non-tidal wetlands and a plan for 71 avoidinq impacts to identified wetlands to the maximum extent 72 practicable minimizinq unavoidable impacts to the maximum extent 73 practicable and a plan for compensatinq for impacts that cannot be 74 avoided and minimized i ; provision for the 75 protection or creation of a natural area buffer of sufficient width to 76 prevent erosion, trap sediment in overland runoff, provide necessary 77 maintenance access and provision for the protection of any other 78 significant natural features in accordance with the design principles 79 for "Sheet Flow to Conserved Open Space" contained in Virqinia 80 Stormwater BMP Clearinghouse, including teperyraphin reliof steep 81 slopes; 82 2 83 .... 84 85 COMMENT 86 87 This amendment brings the provisions for open drainage systems into conformity with 88 Appendix D. 89 90 PLATS AND DATA 91 92 Sec. 6.1. Preliminary plats and data-Generally. 93 94 .... 95 96 i , the 97 , 98 99 . 100 101 /1\ ? sunicy r+f onvirOnmcntal footUrcc• , 102 t2 ; 103 ; 104 ; and 105 , i 106 1 07 mateRals f^rFh in (1) thFOUgh (5) TeFe;Rabeyo shall ni+r++ain a11 of tho 108 109 . Reserved. 110 111 .... 112 113 COMMENT 114 115 This amendment deletes the provision for special information in the Chesapeake Bay 116 Preservation Areas for preliminary plats. 117 118 PROCEDURAL REQUIREMENTS ON IMPROVEMENTS 119 120 Sec. 7.1. Plans and specifications for general improvements. 121 122 .... 123 3 124 B. Plans and information on hauling operations associated with the excavation of 125 stormwater management facilities. In addition to information required under the 126 provisions of the subdivision regulations (Appendix B), where sand, gravel, topsoil, fill or 127 other excavated material from the excavation of a stormwater management facility will 128 be hauled off site, the following information shall be submitted to the planning director: 129 130 .... 131 132 (16) If the hauled material will be deposited in the City of Virqinia Beach, the 133 address where the hauled material will be deposited and proof of current 134 VPDES or VSMP permit coverape for the site where the material will be 135 deposited. 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 COMMENT This amendment adds the requirement for providing the information for hauled material to require information to be sure that the deposit site is permitted. Sec. 7.7. Public acceptance of improvements or proposed dedications. The installation of improvements or the offer of dedications in subdivisions created hereafter under the terms of this ordinance shall in no case bind the city to accept such improvements or offers to dedicate. Upon certification of completion of required improvements as set forth in section 7.6, the director of planning or other affected official or, in the case of water and sewer facilities, the director of public utilities, is authorized to accept on behalf of the city such dedications or improvements as the city may then be prepared to accept and maintain. No city permit shall be issued and no city services extended to any lot within such subdivision until the requirements of this or other ordinances or lawful regulations of the city have been met in full. COMMENT This amendment adds other officials as to who can accept dedications or improvements for the City. 4 165 Sec. 8.1. Plat fees. 166 167 .... 168 169 (b) At the time construction plans are submitted 170 , the following fees shall be due 171 and payable from the effective date of this ordinance [july , July 1, 2014]: Twe 172 . . „°' hund 173 174 Area of proposed land disturbance Fee 175 Greater than or eq ual to 2500 SF and less than 1 acre 900 176 Greater than or eq ual to 1 acre and less than 5 acres 1000 177 Greater than or eq ual to 5 acres and less than 10 acres 1333 178 Greater than or eq ual to 10 acre and less than 50 acres 2847 179 Greater than or eq ual to 50 acres and less than 100 acres 5877 180 Greater than or eq ual to 100 acres 7560 181 182 Stormwater Management Review fees as required by Section 1-33 of the 183 Stormwater Manaaement Ordinance (Appendix Dl. 184 185 COMMENT 186 187 This amendment changes how fees for construction plans are calculated. They are 6y this 188 amendment to be calculated by proposed land distur6ance. This will bring them into conformity 189 with Appendix D, Stormwater Management. 190 191 This Ordinance shall become effective on July 1, 2014. 192 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of April .2014. APPR VED A TO ONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? ?. Planni g partment City Attorney's Office ' CA12492 R-8 April 21, 2014 5 -87- Item -V-L.Ic PLANNING ITEM #63728 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code re Stormwater Management c. Appendix C(Site Plan Ordinance) Yoting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members VotingNay: None Cvuncil Members Absent: None April22, 2014 1 AN ORDINANCE TO AMEND THE CITY 2 CODE, APPENDIX C, (SITE PLAN 3 ORDINANCE) SECTIONS 3, 4 AND 7 4 PERTAINING TO STORMWATER 5 MANAGEMENT 6 7 Sections Amended: Site Plan Ordinance §§ 3, 4 and 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 3, 4 and 7 of the Site Plan Ordinance are hereby amended and 16 reordained to read as follows: 17 18 Sec.3. Procedures. 19 20 .... 21 22 3.2. Procedure for site development plan approval: 23 24 A.1. The developer shall cause to be prepared a site development plan with other 25 material as set forth in sections 4 and 5. 26 27 A.2. At the time the site development plan is ^r°??ed submitted, the following 28 fees shall be due and payable: 29 30 (a) Res;dential-s+te-pla,=,-fer tws (-z2) er -e; e res+d-e;Ges (l;,e thousanct 31 , • . 32 fm st fivo /?.\ rosir?lor?tiNl ??_riito_ ?-i • 33 34 35 , . 36 37 38 39 40 41 . 42 43 oalso Ra dovolnnmont ur uaRt tn G'on+iGn 107 nf tho Choca Drosopia+inn p p y 44 h; rnron O?i? a foo in the mmOi In+ nf finrn r+?theFishl+Il hUnrJrer) einhfii ? ? T 45 rdnll?r Q' nn • .,,-„"m.?odhn?nio?ior thn} if t? ?nc?nt rlotorm 9n - 2 ?ho? c? inh ines T,T ?,--?-? a?? ? - . ? ), ( ??? ? 46 en n.i he SUhiGG nhhreviat?revE°w °l ''`d °rolle A iT ev 47 _fiva rlnllarc foe iri tho amGUrit Of Ena hundrerl thir} y 48 49 (e) Land PAa na erneta - - g . - . 50 51 (a) Single-family and duplex Fee 52 Individual sinqle-family dwellinq 75 53 Two single-family dwellinqs on the same lot 330 54 One duplex on one lot 330 55 56 (b) All other site development not listed above: 57 Area of proposed land disturbance Fee 58 Greater than or equal to 2500 SF and less than 1 acre 900 59 Greater than or equal to 1 acre and less than 5 acres $1000 60 Greater than or equal to 5 acres and less than 10 acres 1333 61 Greater than or equal to 10 acres and less than 50 acres 2847 62 Greater than or equal to 50 acres and less than 100 acres 5877 63 Greater than or equal to 100 acres 7560 64 65 (c) Stormwater Manaqement Review fees as required by Secti on 1-33 of the 66 Stormwater Manaaement Ordinance fAqqendix Dl. 67 68 (-g)Ld) If an applicant, at any time during site plan review, submits a review, 69 submits a revised plan or portion thereof, field change or makes a change 70 to the plan under review not at the request of the City of Virginia Beach, 71 such revision shall be accompanied by a fee of one hundred sixty-eight 72 dollars ($168.00) per sheet that is revised or changed. 73 74 75 76 77 78 79 80 81 COMMENT This amendment changes how fees for development plans are calculated. Under this amendment they are to be calculated by proposed land disturbance. Appendix D, stormwater maiiagement, also calculates fees by the amount of proposed land disturbance. 2 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 D.3. For development or redevelopment subject to the plan of development process set forth in Section 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix F], there shall also be furnished a certified check, bond, irrevocable letter of credit or other surety satisfactory to the city attorney in an amount equal to the estimated cost, including materials, of installation of required landscaping °^d c+„r,,,w„+er monanomon+ fa,.;u+,os. Cost estimates shall be based upon the approved plan of development and shall be subject to the approval of the director of development services. The terms "development" and "redevelopment" shall be as defined in section 103 of the Chesapeake Bay Preservation Area Ordinance. COMMENT This amendment will bring this provision of Appendix C into conformity with the provisions of Appendix D, Stormwater Management. Sec. 4. Information required on site development plan. B. Existing and required site features and improvements: 7. Existing and proposed storm drainage easements and the direction of drainage flow in streets, storm sewers, valley gutters, streams and ditches. Indicate all contributing areas in acres for storm drainage calculations as required by the Stormwater Manaqement Ordinance fAppendix D1. Drainage area maps and drainage calculations shall be submitted to the city agepA „^^^ r°^„as a component of the site stormwater manaqement plan in accordance with the Stormwater Management Ordinance fAppendix D1. 8. All existing and proposed water, sanitary sewer facilities indicating pipe sizes, types and grades shall be shown. Connections into existing or proposed central water and sewer systems shall be shown. 3 122 13. For development or redevelopment having a construction footprint exceeding 123 two thousand five hundred (2,500) square feet in Chesapeake Bay 124 Preservation Areas, there shall, except if waived as unnecessary by the 125 planning director, also be provided all elements of the plan of development 126 as required by Section 107 of the Chesapeake Bay Preservation Area 127 Ordinance [Appendix F] and the elements for Chesapeake Bay land 128 disturbinq activities in accordance with the Stormwater Manaqement 129 Ordinance fAppendix Dl. The terms "development," "redevelopment" and 130 "construction footprint" shall be as defined in section 103 of the Chesapeake 131 Bay Preservation Area Ordinance. The term "Chesapeake Bay Preservation 132 Act land disturbing activitv" shall be as defined in Section 1-3 of the 133 Stormwater Manaqement Ordinance rAppendix D1. 134 135 .... 136 137 COMMENT 138 139 These amendments will bring these provisions of Appendix C into conformity with the 140 applicable provisions of Appendix D, Stormwater Management. 141 142 C. Hauling operations plans and information. In addition to the information required 143 in subsections A. and B. of this section, where sand, gravel, topsoil, fill or other 144 excavated material from the excavation of a stormwater management facility will be 145 hauled off site, the following information shall be submitted to the city agent: 146 147 .... 148 149 (15) A description or plan of all proposed improvements to mitigate the traffic 150 impacts associated with the hauling activity including, but not limited to, turn 151 lanes, signalization, striping and other traffic control measures. 152 153 16 If the hauled material is to be deposited within the limits of the Citv of Virqinia 154 Beach, the address of the location where the hauled material will be taken 155 and proof of current VPDES or VSMP permit coveraqe for the site where the 156 material will be placed. 157 158 .... 159 160 161 162 4 163 COMMENT 164 165 This amendment adds the requirement for providing the information for hauled material to 166 require additional information to ensure that the deposit site is permitted. 167 168 Sec. 7. Variances and appeals. 169 170 .... 171 172 In authorizing a variance the city manager or his designee may impose such 173 conditions as may be necessary in the public interest. 174 175 7.2. It is further provided that any decision of the city manager or his designee 176 may be modified, reversed or affirmed by the city council upon appeal by any aggrieved 177 party to such decision, if such appeal is filed within thirty (30) days of such decision. 178 179 7.3. Final decisions under this ordinance shall be subject to review by the 180 appropriate court of record, if filed within thirty (30) days from the date of council action. 181 182 7.4. Notwithstanding anything in this section to the contrary, variances and 183 appeals arising from provisions of the Chesapeake Bay Preservation Area Ordinance 184 [Appendix F] included or incorporated in this ordinance shall be in accordance with 185 Section 110 or Section 111 of the Chesapeake Bay Preservation Area Ordinance, as 186 the case may be. 187 188 7.5 Notwithstandinq anythinq in this section to the contrarv variances and 189 appeals arisinq from provisions of the Stormwater Management Ordinance fAppendix Dl 190 included or incorporated in this ordinance shall be in accordance with the applicable 191 provisions of the Stormwater Manaqement Ordinance fAppendix Dl 192 193 COMMENT 194 195 This amendment will bring this provision of Appendix C into conformity with the 196 provisions of Appendix D, Stormwater Management. 197 198 This Ordinance shall become effective on July 1, 2014 199 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22"d day of _April , 2014. 5 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . MkAW Planning City A torney's Office CA12493 R-4 November 7, 2013 -88- Item -V-L.Id PLANNING ITEM #63729 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code re Stormwater Management d. Civil Penalties re Land Disturbing Violations Voting: I1-0 Council Members Yoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None April 22, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE TO AMEND SECTIONS 2- 275, 2-288 AND 2-388 OF THE CITY CODE PERTAINING TO CIVIL PENALTIES FOR LAND DISTURBING VIOLATIONS Sections Amended: City Code §§ 2-275, 2-288 and 2-388 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-275, 2-288 and 2-388 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Chapter 2 - ADMINISTRATION ARTICLE VIII. - DEPARTMENT OF PUBLIC WORKS Sec. 2-275. - Issuance of stop-work orders. (c) Any person who is perForminq work in accordance with a land disturbance permit and who shall continue to have his aqent continue to work in or about the site after a stop-work order has been issued, except such work as he is directed to perForm bv the city official issuinq the stop-work order to correct a violation or unsafe condition, shall be subject to a civil penaltv ordered bv the Circuit Court not to exceed $32,500 for each violation. Each dav of violation of each requirement shall constitute a separate offense. rnn4A41VXr-r This amendment allows the Department of Public Works to request the Circuit Court to impose a civil penalty for violations of a stop work order for land disturbing activity. ARTICLE IX. - DEPARTMENT OF PUBLIC UTILITIES Sec. 2-288. - Issuance of stop-work orders. 39 40 41 42 (c) Any person who is performinq work in accordance with a land 43 disturbance permit and who shall continue to have his aqent continue to work in 44 or bout the site after a stop-work order has been issued, except such work as he 45 is directed to perForm bv the citv official issuinq the stop-work order to correct a 46 violation or unsafe condition shall be subiect to a civil penalty ordered bv the 47 Circuit Court not to exceed $32 500 for each violation. Each day of violation of 48 each requirement shall constitute a separate offense. 49 50 .... 51 52 COMMENT 53 This amendment allows the Department of Public Utilities to request the Circuit Court to 54 impose a civil penalty for violations of a stop work order for land disturbing activity. 55 ARTICLE XVI. - DEPARTMENT OF PLANNING 56 57 .... 58 59 Sec. 2-388. - Issuance of stop-work orders. 60 61 .... 62 63 (c) Any person who is perForminq work in accordance with a land 64 disturbance permit and who shall continue to have his aqent continue to work in or 65 about the site after a stop-work order has been issued, except such work as he is 66 directed to perform bv the citv official issuinq the stop-work order to correct a 67 violation or unsafe condition shall be subiect to a civil penalty ordered by the 68 Circuit Court not to exceed $32 500 for each violation. Each day of violation of 69 each requirement shall constitute a separate offense. 70 71 COMMENT 72 This amendment allows the Department of Planning to request the Circuit Court to impose 73 a civil penalty for violations of a stop work order for land disturbing activity. 74 This Ordinance shall become effective on July 1, 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of April , 2014. 2 APPROVED AS TO CONTENT: ., ? Dgpa e Public Works APPROVED AS TO CONTENT PlannindIDepartment CA12491 R-5 November 7, 2013 APPROVED AS TO CONTENT: Department of Public Utilities APPROVED AS TO LEGAL SUFFICIENCY: Ci y Attorney's O ice 3 -89- Item -V-L.le PLANNING ITEM #63730 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code Ye Stormwater Management e. Chapter 30 (Soil Removal and Other Land Disturbing Activities) re Virginia Code Revisions Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Cozincil Members Voting Nay: None Council Members Absent: None April22, 2014 1 AN ORDINANCE TO AMEND SECTIONS 30- 2 57, 30-58, 30-61 AND 30-71 OF CHAPTER 3 30, (SOIL REMOVAL AND OTHER LAND- 4 DISTURBING ACTIVITIES) OF THE CITY 5 CODE PERTAINING TO STORMWATER 6. MANAGEMENT VIRGINIA CODE REVISIONS 7 8 Sections Amended: §§ 30-57, 30-58, 30-61 & 9 30-71 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 30-57, 30-58, 30-61 and 30-71 of the City Code are hereby 15 amended and reordained to read as follows: 16 17 Sec. 30-57. Definitions. 18 19 As used in this article, the following words and terms shall have the meanings 20 ascribed to them in this section, unless the context requires a different meaning: 21 22 .... 23 24 Board means the State Water 25 Control Board. 26 27 .... - 28 Sec. 30-58. VESCP; regulations, standards and specifications for erosion and 29 sediment control and tree protection. 30 31 (a) The city council hereby adopts the regulations promulgated by the Virginia 32 Board pursuant to section 10.= 62.1-44.15:52 of the 33 Code of Virginia for the effective control of soil erosion, sediment deposition and 34 nonagricultural runoff which must be met in any VESCP to prevent the unreasonable 35 degradation of properties, stream channels, waters and other natural resources. Said 36 regulations, standards and specifications for erosion and sediment control are included 37 in but [are] not limited to Chapter 3 of the "Virginia Erosion and Sediment Control 38 Handbook," Third Edition, 1992 and the Virginia Erosion and Sediment Control 39 Regulations and all future amendments thereto and editions thereof. 40 (b) The program and regulations provided for in this article shall be made 41 available for public inspection at the office of the director of planning. 42 43 Sec. 30-61. Program administration, plan review and inspection fee. 44 45 .... 46 47 (c) The VESCP authority shall report to the 48 Resreafie-R Department of Environmental Quality, in a method and on a time schedule 49 established by the De^ R°^* ^f G^^c eGr? ?? Department of 50 Environmental Quality, a listing of each land-disturbing activity in the locality for which a 51 plan has been approved under this ordinance. 52 53 Sec. 30-71. Regulated land-disturbing activities; submission and approval of 54 control plan. 55 56 .... 57 58 (b) Except as provided in section 10.1 564 62.1-44.15:56 of the Virginia Code 59 (state agency and federal entity projects), no person may engage in any land-disturbing 60 activity until such person has submitted to the planning department an erosion and 61 sediment control and tree protection plan for the land-disturbing activity and the plan 62 has been reviewed and approved by the planning department. Such plan must be in 63 compliance with the regulations, references, guidelines, standards and specifications 64 promulgated by the Board for the effective control of soil erosion and sediment 65 deposition to prevent the unreasonable degradation of properties, stream channels, 66 waters and other natural resources. Said regulations, references, guidelines, standards 67 and specifications for erosion and sediment control are included in, but not limited to, 68 the "Virginia Erosion and Sediment Control Regulations" and the Virginia Erosion and 69 Sediment Control Handbook, as amended. 70 71 .... 72 73 (d) In accordance with Virginia Code Section ??.?T 62.1-44.15:52: 74 75 .... 76 77 78 79 80 2 81 COMMENT 82 83 All of the amendments reflect the changes in Virginia Code references, Regulations and 84 agencies that are required by the change of State agency in charge of water issues from DCR to 85 DEQ. 86 This Ordinance shall become effective on July 1, 2014. 87 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of April , 2014. APPR VED AS CONTENT: APPROVED AS TO LEGAL SUFFI. IENCY: ? - ? Planning City Attorney's Office CA12787 R-7 January 28, 2014 3 -90- Item -V-L.lf PLANNING ITEM #6373I Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code re Stormwater Management f. Appendix G(Southern Watersheds Management Ordinance) Voting: I1-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None April22, 2014 1 AN ORDINANCE TO AMEND THE CITY 2 CODE, APPENDIX G, (SOUTHERN 3 WATERSHEDS MANAGEMENT 4 ORDINANCE) SECTIONS 7 AND 8 5 RERTAINING TO STORMWATER 6 MANAGEMENT 7 8 Sections Amended: Southern Watersheds Management Ordinance 9 §§ 7 and 8 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 7 and 8 of the Southern Watersheds Management Ordinance are 15 hereby amended and reordained to read as follows: 16 17 Sec. 7. PerFormance standards. 18 19 .... 20 21 (e) The following additional performance standards shall be requirements of 22 all development, except single-family dwellings or duplexes separately built and not part 23 of a subdivision: 24 -? ?-?-a# 25 (1) After development, runoff from the site shall ^^^r,a-te thc ?^ 26 n-cxll a i inrlor nro?a?i r+m?errnv?i}i ? uri?? e e??,cem 27 r ct r?+inf?+ n-rr-ncr??-prea? T ?r- ? 'Z8 nr?? , Ratural ??R?+. '?S ??rloca c r Ta? ?r??ffnvrr iu c i c+JiJcrhorrtiCnurgor! intn ? ?... .? ?. r-rr ?-a 29 Tmenal R11AD f,G;l;be discharqed in accordance with the 30 stormwater quantity standards contained in the Stormwater 31 Manaqement Ordinance fAppendix D1; 32 33 (2) Measures ensuring compliance with the following design storm event 34 criteria shall be incorporated: 35 36 .... 37 38 COMMENT 39 40 This amendment brings the standards for runoff into compliance with Appendix D. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Sec. 8. Design criteria. (n) Stormwater management facilities incorporating the following design criteria are encouraged: (1) Retention areas should be designed so that maintenance necessitated from siltation deposition is easily achieved. Forebay areas should be constructed at each stormwater inflow site, and an emergent wetlands bench should be established around the forebay perimeter; (6) Infiltration facilities should not be located under areas of impervious cover without desiqn provisions for their lonq term inspection and maintenance of the infiltrative function of the facilitv as approved bv the director of planninq, public works, or in the case of water and sewer facilities, public utilities, as the case mav be; and COMMENT This amendment adds the provision that infiltration under impervious cover can be used for stormwater management with certain requirements. This Ordinance shall become effective on July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day Of ppril 12014. APPROVED AS TO CONTENT ?) k& i= Planning CA12495/R-5/November 7, 2013 APPROVED AS TO LEGAL SUFF CIENCY: . City Attorney's Office 2 -91- Item -V-L.Ig PLANNING ITEM #63732 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Applications of the CITY OF VIRGINIA BEACH to AMEND, REPEAL and ADD to the City Code re Stormwater Management g. Repeal Appendix D and ADD a new Appendix D re Stormwater Management Yoting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April22, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO REPEAL APPENDIX D OF THE CITY CODE, (STORMWATER MANAGEMENT) AND ADDING A NEW APPENDIX D OF THE CITY CODE (STORMWATER MANAGEMENT) PERTAINING TO THE PURPOSE AND AUTHORITY, THE ESTABLISHMENTOF THE STORMWATER MANAGEMENT PROGRAM, DEFINITIONS, APPLICABILITY AND EXEMPTIONS, SUBMISSION AND APPROVAL OF PLANS, CONTENT OF STORMWATER MANAGEMENT PLANS, REVIEW OF PLANS, CONTENT OF STORMWATER POLLUTION PREVENTION PLANS, CONTENT OF POLLUTION PREVENTION PLANS, WATER QUALITY DESIGN CRITERIA, WATER QUALITY COMPLIANCE, WATER QUANTITY, OFFSITE COMPLIANCE, DESIGN STORM AND HYDROLOGIC METHODS, STORMWATER HARVESTING, LINEAR DESIGN PROJECTS, STORMWATER MANAGEMENT IMPOUNDMENT STRUCTURES OR FACILITIES, COMPREHENSIVE STORMWATER MANAGEMENT PLANS, GRANDFATHER PROVISIONS, VARIANCES, TECHNICAL CRITERIA FOR PROJECTS NOT GOVERNED BY THE NEW CRITERIA, LONG TERM MAINTENANCE, MONITORING AND INSPECTIONS, HEARINGS, APPEALS, ENFORCEMENT, FEES, PERFORMANCE BONDS, STANDARDS AND SPECIFICATIONS, SEVERABILITY AND EFFECTIVE DATE Section Repealed and Added: Appendix D, Stormwater Management BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Appendix D(Stormwater Management Ordinance), of the City Code of the City of Virginia Beach, Virginia, is hereby repealed and replaced to read as follows: 46 47 48 S 8Gtien . , ChapteF , , . . , 49 ?., ? ,,.. ,;-as t-ke " rmwat°r nn ?o.,+ nr,?;,,a,,,,o ?? y 50 51 .S e,.. 2, F:.,d:.,,.s ^f faGt 52 53 54 , 55 `yo"?elfaro of tho nOmmunitv AAnre cnenifinally• 56 57 , degradoRg 58 ,.,.,+or ry,,.,l;+.,• , 59 60 , ; 61 , theFeby 62 nr?cir?n 1 sorlimon?a#Gn• , 63 64 v°^°+a+iEn toRrls te iRnroaso ore?i?r?• , 65 (e) Ciltatir)n of wai°F--vva?n°.? resaTtonn from innr-°u-'crs°ccrems?rvn v°cGrease5 ti-Fe 66 ,' 67 aRd-#-aURa; 68 ?f?FFnpeFYOE)ussuFfaG--??°••QCG?mv vvlumo ani-1 rato rmwator rUnoff aRd 69 aIlvn?ev. i lcoeTs ?ei.??o wurcF ?? no pcrr?a?#v ? the c??il, ???vyoh?i rl cr?F ? ?nrl?iat? n--rr---c?--crrc?v-- 70 r?^?e; 71 72 and tho lovol of flooiJs whinh GnnUr onrlanirorinn nr?nart?i on`J h? ?man lifo• e e 73 74 , ; 75 ; 76 aRd 77 78 counrl 6termwator rUROff maRanomont nrantinGS 79 80 Ser.. . ObjeGtovesw 81 82 In oriJe r t e PrO 4ont mai anr! onhanno h.,+h the imrr»rliato •+nrl tho ntniR , e 83 , $4 RoaGh thiS E rr-li r»nn o hnc tho fnllE)Winrr EhiontiVmS' e 85 / 86 o \ Tr? ? ??rn r?GB -- -- nr ?- ?iJ ? ? o C?v l - ?+r?? ?' inhlo hr+rmGr?v h ?fi?i?n n i-lo?i r?m o r?? ? t a7 c.Tr u ra rv Q r p vv a v ? r?cr c a-r?rcv c cvrccr Opnc TC rr 87 i.n}oroctc anr l t ho Ra fi ural roc OUrroc .,f +ho nity• r p 8 Fe steFe aRd rnao Rtagn the GheR;iGal U , , 89 ; 90 ; ?r 91 /?\ T? ???c?9 ?Y?=??y_ ? _rencFr? ?ntir?n of dru?ir?.?no ??ic?? s ?, ??ihinh mTrn?+irrn??+cair? m c?7--ro ?rr 92 funntienall?i im3}e ovistinir r??tUral syctorv;c? ? 93 94 wayc whir.h rJ., not imnair thoir henofinial funn4ieninir• , 95 96 eIeGtFiGaI --eneFgy?er' -PetFeleUFn fUel-s +„ ,,,,,,.,o wn}GT, TGmnve-poll„+ .,,,+ sz Pair 97 rmrr°in+ain +ho svc+emc• v 98 ; 99 (h) To maintamn Or roctore `rrounrlw?????els; 100 TE) , ; 101 r? T„ minimize o.-„S,,,., a.,d sed*Mer}ta#o-R-, 1 02 /L\ Te nroVont rlmmairo ?o wo4laniJs• , 103 ' , 104 ?. ???^uter lo?iolo ..ro honof,ini?+l• -,? ?a??? 105 , 106 +h 107 108 109 ; .?niJ 110 ( / appF$pF???o -a?cov?S, +?,I r?? irr???oc? ? vf f? ???cn??ro rc irrn?non?Jpccciv?n arra r uc? -? fvr?r ?tFtl.arpv?,?r-r-r-rrrr- 111 112 r,1;T+s .,f +his orrlinanGe; apd 113 114 115 . 116 117 Ses:4:-Be#in+tiens: 118 119 , 1 LD oo Fo `rivo thom the mooninry thoy havo in nErAmen ??sane and to nivo Fhi 121 . 122 the , ; 123 ;nsludo +ha; e-teRse:-Tho .. o.,?-erd "s„ " ,,,,,,,, ,,.,d .,,.+ 124 d+ssre#+enary, • the ,,,,rd "Fnay" • . 125 126 nc-?? imnanfc? nre anv merlifin?+Fir?n , IFOr?ti?no ?r ?ont? ?n ?± {o?+fi ?ro ,??er-s?o -?,?- ????? 127 , ' ' , lovong 128 quantoty, hydFedynarniGG, E;uFfaGe , , , 129 130 , , , 131 pYedUG+ivity, iJiVorc?iF?i ?-St?i?lm i or ??hinh ??nr°a'Jvrr"GVry iTrceY'tLr°-cvr h?rmc .. ..? 132 , ' . 133 ??n?ni-l?r?i .?nrl n? ?Fm „u?u?? ?1.?4i„?io ?? u.? ?ioll r+c? rliront imn?+Gtc ???.,, ,.....? y u? ?u ?u?? . 134 135 dnnlinonf moans any porsnn suhmi#inry a sFermwn}or mr+nanomont nlari 136 fer . 137 138 C#annelrneaRs a n^+,ra;-er-rnaR madtFearn. 139 140 rloarinrr moans the remnvrol Of troos nrid hrush frem the Iand hut hr+ll net ? 141 . 142 143 nonarfmanf moans the rlonnrFment ef nlnnninn 144 150 Dt-aina'ge .SysYem-Y.T-irhre SyatCYn-hteLigh ?? vv?i?-rrrcrrwat°r flows frem the Iand. 151 , , all , stormwate 152 mnnoryomorit fanilitio , wator heiJio anr1 wotland . 153 154 ?r-es:on is the w°vuriiiy vi wuvhony Nwuy of nil hy tho .+ntiGn Of Win4 nr 155 wateF 156 157 Flor+?inrr mc»Rc nvolumo eF wn}er thn} ic too rrroat +e ho nenfinorl wiFhiR 158 T" e baRks-eF wall?sorlti.` 6trCaTmrrwut r dr., i., ., ge „ ;ter ^ ^at 159 nVorfleWc OnFe aiJianent IanrlG nr+usinn er throatoninn rlam.+iro , . 160 161 ??oL??c? ?im r? rmrrcoe& ?r?co re? ctrca$ acr r?iJnQlR?r?9 n a riP ?ior, `? c.? ?rp?rrr+?or??? ?rcor?c r-r-F?S - }crTVVC -r ri--rrmr ?v ?eiuccrava, 162 , bay, , . 163 de+ormir?orl •?c• w., the Innd ci?? ?.?++orl F?ol???. ?i tho olov?+tier? of• .,,,,,.,,,..... ?,,,, ,u ?,?..u?..u u?. . 164 '?.,T ? m th„.?. ? ,.,.,;.,.,-- ?? °'=?;o esef-? 165 (a?eserdpd h> > ,,... , 166 (r,) uo ;., ?°?ed+af;Qed level--asdeterFn;T^,e , +h e U: S. A; m?,,,-Co:ps 9 167 Enninoors• Gr , 168 ('G)-?he fleBd level as dCtermmRoiJ hy tho departrtont ef nUhlin wor? , whiGhcP°ci 169 grea?ter: 170 171 the f?rlor?l in?? ??rr+r?no ?+iJmini ?r?+4?r ?,-???., ,.,...., .., „ , u, ,.,.. uu,,,,,,,?z, a?o, : 172 173 im{?nr?ii??ic? c.??rF??o . ..__.._ _ .._?? .... mo?n? n ?? __?rf•?no ?eihirh h.+? h??n n ?..?... .,mr?r+?+}or?.,.?? ? rir ,-? , ...,u? __...___ .?.. .._..:. ..??.. . 174 4 175 , 176 , reefs, sidewalks, parkong , 177 ?+,-, ,,,?T 178 179 180 181 . 182 , 183 . 184 , . 185 186 I onrl i-IeviolonmonF, rl eveInnmon* anfiWfv Or lRnrl rlo?ialGnmenf nrOionf , 187 188 189 190 1 inear rloVo?pmanf nrOienf rnoans a IaniJ rJovolenmont nreient that ic 191 , , 192 +olonhene u}ili}v linoc• /ii\ nenStri intien of trantSrilrhts_Ef ??ir+?i hrirlirec? , , , , 193 ; 194 . 195 196 Nafural nvc+fomn meanc cvo}omc whinh nroi-IeminantIy nOnGiSF Of Or USo 197 , animals, 198 ^QGGuren the Ianr1e in tho cnile ?r in tho wa}GT 199 `LOO /luinor 06- the norcOn in whem is vmstoiJ the fo? eWmor hin dr)miniOR or titlo e 201 8?qr^Nnort?i, i.°., Fh ?rppr+?q?orm m?+v ?+Ise innl? ?rlo n}on?+nt, if nhr+rrr?c ' N"' 'vN' 202 203 204 205 por-son moans any and oll norconS n?tural or arFifinial and innludo r+ny e 206 +ndgv+d-u- , firm, GGFPE)FatoOR, geV'eFRn;ent age?bus+ness +r. ,st, esta#°, +t, 207 , , 208 i.n}oroct nr ony e4hor lonnl ontitv 209 O?c+fr/?va/?nmen* n??nrlifinnc. ?+ro ?h? o n?r?lJi4innc ?h?+4 ro?+c?n•+hlv rv?.+v ho 210 rv.,?..?.??......... . _ _ . . 211 212 213 214 Drarlovelonmenf nOnrlifienn are theco Ger+rlitienS Whinh ovisFoi-! hofero 215 ' , ' , , vegetatieR 216 aRd , , 217 hnvct avr•ilahlo hiE;tr+rinql CJAtiq. 218 219 Aenaiviniv hor/ieo gf wafor shall moan ony wo+or hGiJioc rhannols Or , 220 ,' , 221 d;+„hos „r ,.,,.,d,,.+ s„s+o.,,s 222 223 224 225 wa+°„ 226 227 , , `Z'Z$ ?? ?cnonoir?n Or has soFFloiJ in a wa4or herly. 229 230 , , 231 232 nwnorshin where Iand dovolnpmont ic fo ha norFormerl as nr+rF of nuni+ r 233 . 234 235 Sformwafar iJofonfion hac+in or i-/ofanFion hac+in monns a ctormuir+tor 236 237 . 238 , 239 „°rvcvcz 240 241 - Sformuiafor mnnaivomorif f nilifii mor.ns a rloVino th•+t GontroIc stermwr.For 242 ' , , 243 t"e-quantety a-nd-quality, the-peF;ed ef-release-eF the .,el,,,,;+., „f fl,,,., F„r 244 , 245 , 246 (dry „ ater-l?„?? .'"elewestlevel-e#-eXeava#m^,?he terpeGif+sa41y orl in tho niF?i zer?inn erdinanno (Anr?onrliv A) 247 evnl..??rlo? h?rr???i ?..r?itw c? ?c a...? ?ofin ?.+v,?r?v ..?.....? ....??..... ? 248 249 250 251 252 6 m??i•+}or 253 crcvn??nur-- Cfr+rm?wi?for rc?fenfi?_.. n h?+c.ir? r.r rafenfi?.... r? h?.c.in ....?....... mo?+no ... ...... e}?r..........?. - ---.._. ??_... _. . ?-.? ..... ........... 254 Fnanagement , , 255 256 . , howeVeF, 257 bason-also OnGludes-a-perFnaneRt impeundment a^dLT , "c nnrm n„ ,.,et, 258 . 259 260 , 261 26"1 tonother in semo rlefunito munnor huF shr+ll no} innlu`Jo fonnc?c? nr c?iivn6 263 264 , whethe 265 ,' 266 267 268 Vegeta#+^n.°ans a'ant grevAh, espeGially tTeeS, ShFubs, .,;;es, feFns; 269 n,,,ssos on? nrassec. 270 271 U/???rn nr i+?mmi ?r?_ ? v- ? ?__ .?Fe_ n mo.?r?c •+r??i .?nd .?ll ?i.?}or or? or her?eath .,...,,,.. .,, .,.,,.?,,.?...?,ay' - 272 . , 273 draeRage . , 274 , . 275 276 lak , , 277 278 ?"^?.- re;e. 279 280 IA/aforvc+horv l F? a rlofinorl Inr?r?I .?ror+ rlrr+inorl h?i .+ r' eF OF st vm ivu? ?.o?r?c T 281 282 {lnws 4hreu`rh n sinnlo 0uFIot 283 284 285 286 nGRV8getated , 287 7?r?inlr (lrdir?.?nno /?r?r??nr?l ? .N?..rv?.uiv A\p • anrl r?entirl 1 tI .J e ?? h'n 4. t4. aFe ?v v 288 , , 289 , 290 , 291 , 292 ; 293 ; ; ; 294 NrnWnov Cilt I nnm• DnmlinG MUnLv De.,+• D?,.v,linn 1.+Loh? ?rst \/•+ri?+nt Cmmplov• , , , 295 , ; 296 297 . 298 299 Sec.. . 300 301 302 , 303 ' , bu"ldiRg, . 304 305 . 306 „f +h,E „rd,.,.,.,,.o: 307 ORG'udoRg 308 , 309 RCfQTtIQTIS E)p • ??o exIStIY1!'1 sIY1gle_f?l_W11l\/ QViUQTfG?TGs IT IGTfCiaT ? 310 ?}n ?n? ?zrvraresr r 311 (2) All , hGFtiGUltuFal, 312 do.,ol,,.,moi+• , 313 ; 314 (4)--,P,°r,?i?sur#aGe er Qeep--??g e.)erataeRseF pFe fests-Q s- 315 . ; 316 ef 317 , 318 , 319 , 320 nrohloms rlnWmotror+m .,f +ho di nharrvo peint 321 322 (G) -Var4anses- T#e-appl+eant-may submE+r-a wF;tt ., r e,,, , o rie rTavuf77 n no fr„ m ,,.,., 323 . 324 +ho fnllnl.Aiinn nriForin: 325 326 (1) The-ua?+a-?e-femested-+s +he minimL,,,, „esess,,.?, +„ .,ff„rd releof. E,.,,.,,,,,,,,. 327 hnrrlc?h? r ? Ir n..?4 ?? ?ffinion? r?.???n. ...... .? . } t. ? nrnn} a ?iarianne fr?.... ..... . ....?..?.. .+........ ... ...m ?ho ren? ?iromon? ?f ?his ..........? :.. ........... .. .. .- ?..,. . . . . ...,: .. .. 328 ; and 329 (2) The gFaRtoRg vf +ho ,.,,II .,,,+: 330 I-?a nrrea,so tho floii rato Of c;+Ermw•+4er Fune r?--? , 331 Have a-r?adverse wmpa.,?on-a wetia-nd,-G,Ta,;,ol, wateF b,,d., ,,,- ,,,, +.-eam 332 ; 333 ; 334 Re sf--substantmal--detrim° ^?,d ^-prope.+., ,,,- .,d„erselj;affeGt t",e 335 ; 336 (v) (14ho.-..???o a#r.inmont of the ohjei.tm..en of thos ...-.Jo.-.......L- 337 338 vares-on the-Chesapeake--B^.s?r?t?:m,-aFeassnall-alsoFnee#-#l4c 339 . 340 341 (1ne 9raRtaRir of tho varianno Will nEA nEnfor UnOn tho eGoa7 342 nrp ??lege5 Fh??rrai aT?deR?Ct?to ottF"' N' "Mercy °vT??? ?Mhe aro c;UNCt?e 343 nrOViGiEnS .,f +ho r`hosap aLo Ray Drosorvv, ' opRG--,-- anrJ whe ?ro 344 c`imilarlv si+ua40d• , 345 (L) TT° nrantinn of tho Yarianno harmEny With the pupOo??? nt ?c N 346 347 dotrimoR4 tr) wator nuality• ani-1 , 348 349 aFv celf_nre»tor! or colf_imn?coi-1. 350 351 SeG. . . 352 353 354 vz?rr Q1?iGi vi-r ?rm?rrt?un?iv?n fn ?vr r y?, tiil ^ iJ a.. r?,?}?o?nt c?nv o?in cTUlU? ?o?o ?ho on?iirnnmon??c-rrcal r--: „?. ? r?-rUC?cn?cTVrrvnrrrT 355 , 356 , 357 . 358 , Gharts, gFaphs, , photographs, 359 narFative , , 360 appr?nro i,e, tE) GE)FnFnunoGate t#e-i^f„? ??;-requ+Fed-by t"`Gto 361 , 362 , the , 363 . ' , 364 365 , adjE)iRiRg , 366 . All , , 367 368 . 369 370 in dotail innlui-linn tho fnllriWinn• e 371 372 (1) Tho rlirentien anrl flGW raFo ef staF •i eF FURCtt'-titittP.r- eXo +iRn .+eniJitiens• , 373 374 the gFE)URd,- 375 , GonveyanGe , 376 efl-ew adjaseRt te the--site OF iRtE) wh -rrivh-scvrmrrrrwpier flews. ?^f?a ??,O„-regar?',,g 377 , , 378 ; 379 ,' ; 380 ' ; 381 ' ; 382 ; aRd 383 (8) -Seil-.-. 384 385 (d) Dr?ed ^t-a?ieFacr'ens etthe s}te shall ho doEnr*ho.Ja-ni-uGta-Il--If}nl? ?crum?n? 386 387 ; 388 (2) Ar°.?er° vene?taFien will ho nloarerJ er othonwico Lillorl• ; 389 ???Teas th•'+ will ho nE)YeFvrl with an imnonvcivas-Ju 390 ' ; suFfaGing aRd 391 (^n° °izo ani-! IGi+ntien ef anv huilrJinnS or nthor ctrUrtUroc. 392 393 394 he iJoGnrihorl in rlotail innl? ?i^linn• , 395 396 /1\ Channos in waFor nuaIiFv• , 397 /2\ r`haniros in nreunrlwator lovolc• , 398 399 '; 400 ; ar-Todr 401 /5\ Imr»ntS en venotatien 402 403 ' , 404 405 d^cnrihoiJ in Aotoil innlUrlinn• e 406 407 (1) The , ' ' , 408 frem tho sito ??iic?h C ? ?Ser n ?? ?i??rimnng nr?nrl ?vrrcrrci?ivnRs $ thc o c ov?on? ?-- wrrTr rc?i?r ? ?rr--nrcnt 409 , pFedevelepment ; 410 (2)-L-GGati er-rn-anagernen#fadities??ludi^ ^ ^ la^ ° {^r the 411 , 412 ' ; 413 414 ' ; 415 416 , 417 418 di6pesition. 419 j_nf nha.,+eF 30 .,f +ho rei-lo .,f +ho City Of \/irrrinia RcaGh /Gity Cerlo soctos 420 30 56 ; and 421 (5-) -ARY-A-ti-Fl.mt--?i oaSEnahly neGesSvryr aR ovaluatiEn oF the 422 423 424 , , 425 developFne}}t aGtivity ani-1 iJrainarvo shall o pvrf?T iJ in annOrrlanno with the 426 c;tErmwater maRr+rvomoRt plnn. 427 , 42$ i?-}?s_-ordnTannohT +? ??l ensure responcihilifii fnr the m,aiRt°nanno ef any 429 430 E)rdonanG° °ni-1 whinh will_ en-sure a-p,n????? r?nrin?o onno?o tG c?? ?nh fnili?s -? ??r+?? fe 431 {naftttERc?}' . peGttAR-aRdrcvrF°cccrve aG+c'rvrr. 432 433 . 434 . 435 10 436 S$,."'G. '7. Orvceduress and fc.es. 437 438 _ ' , , 439 , - 440 , , . 441 442 443 heFeiR. , 444 (n) A nrGnaSSinn feo will ho nElleGted,?t thi-ctnrmwator managomonF plan i? 445 446 . , , 447 . 448 an7"crta°ca-frrvrmrr+ime Fe timo hy the_ni nn?Tnil h?i rosr?l? ?tiGn. I?Ir)tino ??p?nrh? .. ???i 449 . 450 ????A?-rn"vi??"rn-Ci--Ltii'"}`i /20\ nnl J fr?-r?n--cne Fcnv 'p11? rm??iat? .??N? .?? mnn?+n on+ nlnr? 6h?+ll h? .?Il???i nr w+in?r?i ?f Fh? nl.;r? fnr 451 ,,,?„?ger? ?„--p.. ?Pe??e?--p?el?i?Tev+?.--o,--?R,?u„--roT 452 . ' , ' , 453 , 454 455 ?l.,?;- T"e s;; +.,_?Teveew peried -beg+Rsen the d-a., +ho nEmnleze sivrm'rraierr 456 . , 457 . ' , 458 , , 459 460 , 461 approv°d a^d +ho annlinant challaa ric°iJ W prenoorJc woth p?cQ 462 , 463 , . 464 However, ' ' . 465 466 467 468 , 469 seG??1?v^r-r-v, sq?seGttG n / n\ ef th is errl i ri ari no , n wherp- am eff-sitcs?-m?Te 470 . 471 472 , the _ 473 sta't(?FP.gu tAtiets anic, J the ?'?tp Aormrrcrront rz0 n?c.,-crrr?v-r?Fi}lo ') (1 'I cor+c?c.riOT, n'I?(1 'Ir r-,-r--a,? .? ? ? ? „_. ? ? ?..ycrr --r 474 C`nZ ') ot son of tho rodo of \/ir`rinia as nmoni-Iorl. , 475 . 476 ??GR f^?v?rJPcEtiGr n n vf th??pp?? ?1irre17 ,,?,?t?1 ,. ,, ?li1.,?ll???L,ocr n rIo oiJ r?rr?.. ... ? j . T. .kjo ?---?rac??ccr 477 , 478 . 479 480 d"reGtOr. , 481 arran`re wi+h the rlirontnr fnr onhoi-!ulinn the fnllnwinn incpontinnc, 482 11 483 (i ) Fresien nentrEl insneGtiE?TeGesSar?en.surTe effontiVo nERtrEl of orE)SiGn 484 and 6ediFnT ^t,T 485 (2) 'BUFY . ; 486 . 487 manairomen? fanili4ies has hoon nGmpIetoiJ 488 489 iiie tltlt`bi sM"'llurt-nnspP.G?the WVrV-'aia-shuii-°c.-iin°crappTVV it or notify ?ho 490 491 . 492 Whir.h rl.,os nOt nOmnlv shall hi+ prempFlv nerronForl hv ?ho ?r?r?lin?nt nr the or?r?linon? ?eiill 493 pv °1hionF 4O the nonnl+y PrOviGiEnc Of SonFinr+ 13. 494 495 . 496 ordinanGe, ' , 497 , 498 eE;GFGW, , ?i-Zne oit?i, ur-mc 499 to the r+ity atternoy, 4o ensLi'Fe-t'hatmeasurr°cv may ho taV,L1t7_h .? ..... 500 apploGant's , , , , 501 502 . , 503 , SUGh , 504 eGGrew, Gred;+neF l°„'e#y,-er-## ,,dod „r unehliiratoiJ 505 pertien , , 506 be-W,Te; e-a--storrnwater-rna-nageFno„+ nla., f,,; -a °-?di;;;s;oT - ;slude: --R"e 507 508 , , 509 n?c ocrr??ei IetteF sFe orlit o?r ? pp?urotv mav he c. ?.A+mhholrl ? intil tho ?h „??- -?,--? .?y.?. .?.?rrT 510 511 512 +^ ^+honeiiso affent the ronLiiromontS fEr SLInh nlanc. 513 . 514 , 515 nr iJonisien ? ?oty ef \/irrvinia Ro?n?h TrTe PetitiEn fEr anneal 516 vriu ?h.?ll ha. ? fil?n cv_??irri? ?ii4hin thirt?i /4(1\ rlav. ? »r ?f tmh?. ? rl??o v?f Fhrr?, ? rlo crc nic?i rrv?r r -?ar??c?r.nvrr 517 ' , 518 pa-sed-, -aRd s„?'?;--?rev"ewe? .°.^^° ^e 519 4i-lminis4ra+ivm DrOness An4 (sontien 9_4: 'I 4:'1 et seir of the (`erle ef \/iririnia) 520 521 SeG. B. Poft.-n,,a.,,.e standaFds. 12 13 14 616 617 . 618 ' , 619 620 T. - minimum sothnnLc. ,,..v ,,..Y...,.,to,- 'ExiStiH? ?? Existing 'p?N??o i i?? e , '?f W "y Right of , W-ay 'Pr-opeft L43e IPr-apei4 Li*2 t?TT L?7 C?TJ ; C?7 D .1\ o??.,?:,.,.V11 ?.. LUs;,, !«„ F -,7 ,-.,;1\ 2-5 VlV1111 . 2-5 ? 8 D '. a? . TLC ....... o?o„ ??io,. 1..,s;,. (;f f ,...;,,.. .,..,7/ .............7 4-0 v?vu YY'ar-e tised) .. __. 4-0 ,....... ? ? . ,. L . _ .... _- -`-- VTe"*"ori bnn.t. /gNOntov I'l.av. 6" M..4 lo[,s ? . ? _ .." ? '.... _ . V .- th ... an 11 _'__Y/ . . ... t7 ; th C?+C??YY'tlttJil??G?tPi1'rv?CI1L 1L'iY'YCY.S 4-0 a-n 36") . 4-0 m ,... 4-0 .... .. ......... V , i Tl .L th o4o..4;....V11 L.n Vilc.;r. /m-o.,?or 4L.n,. 26?? L.,,4 lonn ? Vl.V1111 rr aii ?_ _ -rs 1 C !1 a T„ ? ?.,,..... _ _ _--__- _. . _., f; k,-.,t; o,, t«onl.hos- 0 __ 8 _-- ___ 8 _ g D w . __ _ o? ?' wiia .,., .., ,. /1, o ,. .70 01.. o„tl 4-0 4-0 _ 4-0 _ _..... ? _. _. r?A , '..YrtY 't'YV 40 , ?N?A ..,, _ ° , 621 _... ..?...... _...... ._,_,_ . .._ _ .? ..__ .._ _ _?.._.? ....? = __- 622 623 At -t-te tep?3t- •' nAtanr , vrn ?mGhcP°crr-'rS-iesc.s 624 625 626 la;ef th fl,,,,dnl #u-ndre fleod b #t T l t i ti p QTI ?su jes e --speo a re o S F sns-, as 627 enumeFated on--?B 5(s)--e#t#e-s+te lan erdo o nanQ (o.,., „ .,d,,, r R R" . -- p y ) e GsU ern 62V ' °Taterl iR 7/a\ of Fh vPC cern4'cdsas °n--- a thorn e s ..tor h d '" m ° c t c rr r rt ou w sr rc s } ma-nage- rr- u-r 629 630 631 =s;z° S+,,.-.r...,.,+,,.. ..., ..a r., - SeG 10 O :i:t:,. . , r . . 632 633 634 635 36 v?lnnmon? on?ivi ?v ?n l?i if or+rh r?f tho fElln?i ?n in`r n r?rli+i r ?n ic rv? ? t• >..,,.,N,,,?„? u.,?,.,,, ? ?,? O G . e 637 638 639 desogned, 640 th:E „rdi,,.,.,,.o• , 641 (2) ndoM,,,,ate ??a° f?Re ? --6?go TaE^?+tie?- s?#?st+er 642 , 15 643 r? t?rm??ir±ator mnn?no mont pnlan• ana 644 o n,f - t?? - ???«??,T?T?? 645 (3) Adve;-se_e.,.,;Fnera#al--irnpaGtsOa-the site-ef--ra;d dG7 GT/lY1.Y,DY1+ .Il,oll h 646 m i n i"rccd. 647 , 648 649 Tel:;ted-?e-#?e--?epes°?'?--??e-#ac?tmess;,,, , l,? ho w,,,? o a .,ar+ „f ?"#? 650 . 651 652 6entien 'I'I .,f+his Erdinonno. 653 Ce?. a.....?1 Of' Sr???i?4 4 r?r 654 . ?1?1. IIA ?er,,,.ra?e?-?a?aa?et?eta ?,-ast+res. 655 656 , 657 , 658 9 n^IUiJinn .+II futu-o r+mondmer+ts thoroFo i? horeh.i arleptoi-! ani-1 innnrpnratod hy 659 . 660 the rlor»rtmonts of nlanninn anrl nUhlin worLc. 661 662 663 aRd, 664 , 665 T n"'rorl in the StOrmwn}ornuncJ°r.rmT „. plaRS. 666 , OperatiOn 667 ^^d ''„^'r'+°nnnno of sFermwn+or mananomont fanilitioS. 668 669 Ser..-12.-Mai-nteraan e. 670 671 672 673 674 hy the dovolonor Or GWnor of tho nrnnorFy. 675 , 676 adequate , , 677 (lffianoc ? vf ? i?Ir?rL v?f the (? virn? ?uir ? (??? vvairFrc r.f the (`it?i r?f ?/irryinia Roanh F? r?ormit the v-n-r-r ??rc-r-?-r?n??---vr-cr 678 679 °.,ystera--as-;equ:Fed unaeF Se?? o^,o„(G)--"ereir a,,d ;f „eeessa?.,?te-tal<<e--sUGh 680 G9FFeGtive_antiEn chouId the_devp???.. ?or?np? ? .?? ? perc?er?/c?\ roc?r?onc?ihlo feT ... .? N 681 682 hneGvmcs?-a--a'aigCl--te the puhlin he.±lth er s.±T?ficcy. rhrtcdev:°I^?N n„?, 8??.F--?? . . 683 684 . ' , 685 r+Uhlin werLs shiall nivo written netoGe ef thv nature Of?#h?e existmng 686 ' , postage , 687 develepeF, 688 known . , 689 r34 a\/J fr??a??e#Ret+Ee-te -?mer?Ee-eeFrec?i?? ac?i^r tP? 690 , 16 691 ?reGtiVe a-?F?, the nOot of whinh chall ho hillorl 4e ??develp_r?,er??T?T ? ?,? 692 roc?nr+n?ihlw ? r?orc?? ?..v? vv? ?n/?v? ? ?ni a.?? ??w J c?hull ho n vv?IlonFworu l ir? nn? r i mnnnor nrevirlod hv I?+?i . v..?....? ?...?....? v v vv . 693 694 ana-ai{iGr any tnr?7T?1 m o?i ?vconF w- ?.?h?r•h nn? ?? }hV ? n.+r?.. ar1ni??i r, -'?-rr-rrr?rroua? .. Zrr 695 c+nrmwator maRanomont fnnilitie }n bo ovnoorlod 696 697 698 man?nomon? ntinoc rlo nrihoiJ in ontinn 'I'I. 699 700 Ser.. 13. . 701 702 , 703 704 arloivunto romody a} Iaw dGoS nOt oviSF 705 . 706 , 707 9i?i???uTiT??a--m-iSi Er and s#aII h suhj°^a fone nf n9t mero than Eno 708 , . 709 days, . 710 (n) r`ivil penaliioc+ anrl niVil nha.-.w.+r.- 711 712 , aRy 713 714 , 715 by-the-s+rsL1+t-seurt, be-assessed a ' ,;l ., ,,.,i+., ,,,,+ +„ eXGeed hv +h,,,, .,., 716 dellars , . . 717 (L) \A/o+h the Gefl$c°-F'ii =vr"a TY-peYQ"v i?ivhEl--rhaS-v'rvTai°cd aRythIs 718 719 StGFFnwQt°cr FnaRageMCttYplAi-1 ,-tF1C-doFertOr or th o aepartm orpuh I ?vvv ?r co 720 {?a?. . le, -Naan ewder?rJsued h.. + doreGtOF n r?v?crtcZrepartmeRt of puh I i n 721 i?ii+rlrc? r+nr+ir?6t cLInh r?orSOn, for tho r??+?irr?ent Of ni?iil nh?+rire f.+.- ....1. .'?+I t' vvv??? 722 spE'6+fFG--SLIMS, n6#tA eXGef.d +wv- nheuS?dellarS($2, , for o•,n 723 v8tAi1G1'. T3ttbFYtFWl GhargeJ??ll hFrrve iTi-iT eLi e ivil pon ify 724 whinh nE)UIiJ ho imposor1 L mi-lor suhsoGtiER (r)/'I \ horoEf 725 726 . 727 , 728 , 729 ,,,.,,,ne-preperty. The-Re i • 730 731 ?? ? ? Th?- T? "'''.?.. ? °??roc?? .,f the n??inor rocnnnoihlo r?c?rsE+•+/S\ ?+ r?r?lin nF• ? • .... a...w..?v.rv v? u?v vvr??v?? ?v , 732 , 733 ; F'ai°icn on? S non? }ho n?+?? ?ro vnf the vieln}inn• -c-- rrrc-rra ca?ti- , 735 (4-)--A-d,?'„?G{"-}pt}On ef tT romorliaI antiGnc Ronao ani }n hrinn the Ir+nrl iJovelnpmont 736 737 ' ; 17 73$ ?5'rv')- A s'?teFn°nuT?apnn failUro cv wMpiy wi+hin the t.me-SpeGiii°cd, titl: 739 S+^?^p-???anagernent nlan onrl a11 n°ris..?ued fnr Ianrl rlovolonmont 740 r???q..n?L?-rc W vanh StGrmwator?mn .n7Qge?i7 n? ?.?r?p?b°.r?coiJ, anr? that tho .??.? ?.??? ??. I]3 741 742 743 ; and 744 ' 745 GOFGUit , prevoded an app°a-#il°d within thirty /30? ?ayTVi-s°ivi G--BT 746 . • 747 748 749 750 , 751 ' , ' , -eitified pestage 752 knewn . 753 754 755 de+orminnti?n frem whinh an annool may he taLon te tho nirnUit nnUrF. 756 757 , 758 werks, 759 dutaes. , wothout , 760 761 762 763 764 765 Ganh soparato Prr)ViGiOn .,f +hiS Eri-lirianro ic doorr+erl indepoRrlonF ef aII 766 o+hor PrGViSien6 herein se thaF if R Or PrrWiSinns of this ErrJinanno ho 767 deGlaFed , . 768 769 Ses. 15.-€#es.t+ve-date. 770 771 Th,E. „nc-esha'eeeFne e#e,.+;.,o ,,., j, ,.,o ', 1-9 772 773 SeG. 16. 774 Cou4hern \A/a4ersherls 11Aa.,a..e.v.n.,f (l.-.JC.,anne. 775 776 777 , 778 thefeto, 779 , 780 , , 781 782 18 783 COMMENT 784 785 The old Appendix D is deleted in its entirety and replaced with the new Appendix D, as 786 required by the new Stormwater regulations which follow 787 788 Sec. 1-1. Purpose and authoritv. 789 790 A. The purpose of this Ordinance is to ensure the qeneral health, safetv and 791 welfare of the citizens of the Citv of Virqinia Beach and protect the qualitv and quantitv 792 of state waters from the potential harm of unmanaqed stormwater, includinq protection 793 from a land disturbinq activitv causinq unreasonable deqradation of properties water 794 qualitv, stream channels, and other natural resources, and to establish procedures 795 wherebv stormwater requirements related to water quality and quantitv shall be 796 administered and enforced. 797 798 B. This ordinance is adopted pursuant to Article 2.3 (§ 62.1-44.15:24 et seq.) of 799 Chapter 3.1 of Title 62.1 of the Code of Virqinia, and in compliance with 9VAC25-870- 800 10 et seq. of the Virqinia Stormwater Manaqement Requlations. 801 802 COMMENT 803 804 Pursuant to Virginia Code § 62.1-44.15:24 et seq., this ordinance is adopted as part of an 805 initiative to integrate the City of Virginia Beach stormwater management requirements into a 806 unified stormwater program. The stormwater program is intended to facilitate the submission and 807 approval of plans, issuance of permits, payment of fees, and coordination of inspection and 808 enforcement activities into a more convenient and efficient manner for both the City of Virginia 809 Beach and those responsible for compliance with these programs. 810 811 Sec. 1-2. Stormwater manaqement proqram established. 812 813 Pursuant to § 62.1-44.15:27 of the Code of Virqinia the Citv of Virqinia Beach 814 herebv establishes a Virqinia stormwater manaqement proqram for land-disturbinq 815 activities and adopts the applicable Requlations that specifv standards and 816 specifications for VSMPs promulqated bv the State Board for the purposes set out in 817 Section 1-1 of this Ordinance. The Citv Council of the Citv of Virqinia Beach herebv 818 desiqnates the Citv Manaqer, or his designee(s) as the Administrator of the Virqinia 819 stormwater manaqement proqram. 820 821 COMMENT 822 823 This paragraph establishes the Stormwater Management Program for the City of Virginia 824 Beach as required by Virginia Code. The City Manager or his designees are designated as the 825 Administrator of the Program. Public Works and Public Utilities are the Administrators for their 826 respective CIP and other projects. Planning is the Administrator for all private projects. 827 828 Sec. 1-3. Definitions. 829 830 In addition to the definitions set forth in 9VAC25-870-10 of the Virqinia 831 Stormwater Manaqement Reaulations as amended, which are expresslv adoated and 19 832 incorporated herein bv reference, the followinq words and terms used in this Ordinance 833 have the followinq meaninqs unless otherwise specified herein. Where definitions differ, 834 those incorporated herein shall have precedence. 835 836 "Administrator" means the Citv Manaqer, or his desiqnee(s). 837 . 838 "A_qreement in lieu of a stormwater management plan" means a contract between 839 the VSMP authoritv and the owner or permittee that specifies methods that shall be 840 implemented to comply with the requirements of a VSMP for the construction of a 841 sinqle-family residence; such contract mav be executed bv the VSMP authoritv in lieu of 842 a stormwater management plan. 843 844 "Applicanf' means anv person submittinq an application for a permit or 845 r_equestinq issuance of a permit under this Ordinance. 846 847 "Best manaqement practice" or "BMP" means schedules of activities, prohibitions 848 of practices, includinq both structural and nonstructural practices, maintenance 849 procedures, and other manaqement practices to prevent or reduce the pollution of 850 surFace waters and qroundwater svstems from the impacts of land-disturbinq activities. 851 852 "Channel" means a natural or manmade waterwav. 853 854 "Chesapeake Bav Preservation Act land-disturbinq activitv" means a land- 855 disturbinq activity includinq clearinq, qradinq, or excavation that results in a land 856 disturbance equal or qreater than 2,500 square feet and less than one acre in all areas 857 of iurisdictions desiqnated as subiect to the Chesaqeake Bay Preservation Area 858 Designation and Manaaement Requlations (9VAC25-830) adopted pursuant to the 859 Chesapeake Bav Preservation Act. 860 861 "Common plan of development or sale" means a contiguous area where separate 862 and distinct construction activities mav be takinq place at different times on different 863 schedules. 864 865 "Construction activitv" means anv clearinq, qradinq or excavation associated with 866 larqe construction activitv or associated with small construction activitv. 867 868 "Control measure" means anv best manaqement practice or stormwater facilitv 869 or other method used to minimize the discharqe of pollutants to state waters. 870 871 "Clean Water Act" or "CWA" means the federal Clean Water Act (33 U.S.C 872 §1251 et seq.), formerlv referred to as the Federal Water Pollution Control Act or 873 Federal Water Pollution Control Act Amendments of 1972. Public Law 92-500 as 874 amended bv Public Law 95-217, Public Law 95-576 Public Law 96-483 and Public Law 875 97-117, or anv subsequent revisions thereto. 876 877 "Department" means the Department of Environmental Qualitv. 878 20 879 "Development" means land disturbance and the resultinq landform associated 880 with the construction of residential, commercial, industrial institutional recreation 881 transportation or utilitv facilities or structures or the clearinq of land for non-aqricultural 882 or non-silvicultural purposes. - 883 884 "Drainaqe area" means a land area, water area, or both from which runoff flows 885 to a common point. 886 887 "Floodinq" means a qeneral or temporary condition of partial or complete 888 inundation of normallv drv land areas from: 889 890 (a) The overflow of inland or tidal waters. 891 (b) The unusual and rapid accumulation or runoff of surface waters from anv 892 source, or 893 (c) Mudflows, which area proximatelv caused bv floodinq as defined in paraqraph 894 (1)(b) of this definition and are akin to a river of liquid and flowinq mud on the 895 surfaces of normallv dry land areas, as when earth is carried bv a current of 896 water and deposited alonq the path of the current. 897 898 The collapse or subsidence of land alonq the shore of a lake or other bodv of 899 water as a result of erosion or undermininq caused bv waves or currents of water 900 exceedinq anticipated cvclical levels or suddenlv caused bv an unusuallv hiqh water 901 level in a natural bodv of water, accompanied bv a severe storm or by an unanticipated 902 force of nature such as flash flood or an abnormal tidal surqe some similarlv unusual 903 and unforeseeable event that results in floodina as defined above. 904 905 "Floodplain" means anv land area susceptible to beinq inundated bv water from 906 anv source. 907 908 "Genera/ ,nermit" means the state permit titled GENERAL PERMIT FOR 909 DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in 910 Chapter 880 (9VAC25-880-1 et sep.) of the Requlations authorizina a cateqory of 911 discharqes under the CWA and the Act within a qeoqraphical area of the 912 Commonwealth of Virqinia. 913 914 "Hydroloqic Unit Code" or "HUC" means a watershed unit established in the most 915 recent version of Virqinia's 6th Order National Watershed Boundarv Dataset unless 916 specificallv identified as another order. 917 918 "Impervious cover" means a surface composed of material that siqnificantlv 919 impedes or prevents natural infiltration of water into soil. 920 921 "Land disturbance"or "land-disturbinq activitv" means a man-made chanae to the 922 land surface that potentiallv chanqes its runoff characteristics includinq clearinq 21 923 qrading or excavation except that the term shall not include those exemptions specified 924 in Section 1-4 of this Ordinance. 925 926 "Large construction activity" means construction activity includinq clearinq, 927 qradinq and excavation except operations that result in the disturbance of less than five 928 acres of total land area. Larqe construction activitv also includes the disturbance of less 929 than five acres of total land areas that is a part of a larqer common plan of development 930 or sale if the larqer common plan will ultimatelv disturb five acres or more. Larqe 931 construction activitv does not include routine maintenance that is performed to maintain 932 the oriqinal line and qrade hvdraulic capacitv, or oriqinal purpose of the facility. 933 934 "Layouf' means a conceptual drawinq sufficient to provide for the specified 935 stormwater manaqement facilities required at the time of approval. 936 937 "Linear deve/opment proiect" means a land-disturbinq activity that is linear in 938 nature such as but not limited to, (i) the construction of electric and telephone utility 939 lines and natural qas pipelines; (ii) construction of tracks, riahts-of-wav, bridqes, 940 communication facilities and other related structures of a railroad company; (iii) hiqhway 941 construction proiects; (iv) construction of stormwater channels and stream restoration 942 activities; and (v) water and sewer lines. Private subdivision roads or streets shall not 943 be considered linear development proiects. 944 945 "Maior municipal separate storm sewer outfall" or "major outfall" means a 946 municipal separate storm sewer outfall that discharqes from a sinqle pipe with an inside 947 diameter of 36 inches or more or its equivalent (discharae from a sinqle convevance 948 other than circular pipe which is associated with a drainaqe areas of more than 50 949 acres); or for municipal separate storm sewers that receive stormwater from lands 950 zoned for industrial activitv (based on comprehensive zoninq plans or the equivalent), 951 with an outfall that discharqes from a sinqle piqe with an inside diameter of 12 inches or 952 more or from its equivalent (discharqe from other than a circular pipe associated with a 953 drainaqe areas of two acres or more). 954 955 "Minor modification" means an amendment to an existinq aeneral permit before 956 its expiration not requirinq extensive review and evaluation includinq, but not limited to, 957 chanqes in EPA promulqated test protocols, increased monitorinq frequency 958 reauirements, chanqes in samplinq locations, and chanqes to compliance dates within 959 the overall compliance schedules. A minor aeneral permit modification or amendment 960 does not substantially alter qeneral permit conditions, substantially increase or decrease 961 the amount of surface water impacts, increase the size of the operation, or reduce the 962 capacity of the facility to protect human health or the environment. 963 964 "Natural channel design concepts" means the utilization of engineerinq analvsis 965 based on fluvial qeomorphic processes to create, rehabilitate, restore, or stabilize an 966 open convevance svstem for the purpose of creatinq or recreatina a stream that 967 conveys its bankfull storm event within its banks and allows larqer flows to access its 968 floodplain. 969 22 970 "Natural stream" means a tidal or nontidai watercourse that is part of the natural 971 toqoqraphy. It usuallv maintains a continuous or seasonal flow durinq the vear and is 972 characterized as beinq irreaular in cross-section with a meanderinq course. Constructed 973 channels such as drainaqe ditches or swales shall not be considered natural streams; 974 however, channels desiqned utilizinq natural channel desiqn concepts mav be 975 considered natural steams. 976 977 "Nonpoint source pollution" means pollution such as sediment, nitroqen 978 phosphorous, hvdrocarbons, heavv metals, and toxics whose sources cannot be 979 pinpointed but rather are washed from the land surface in a diffuse manner bv 980 stormwater runoff. 981 982 "Operator" means the owner or operator of any facilitv or activity subject to the 983 Act and this chapter. In the context of stormwater associated with a larqe or small 984 construction activitv or Chesapeake Bav Preservation Act land-disturbinq activitv 985 operator means anv person associated with a construction proiect that meets either of 986 the followinq two criteria: (i) the qerson has direct oqeration control over construction 987 plans and specifications, includinq the abilitv to make modifications to those plans and 988 specifications or (ii) the person has day-to-day oqerational control of those activities at a 989 proiect that are necessarv to ensure compliance with a stormwater pollution prevention 990 plan for the site or other state permit or VSMP authoritv permit conditions (i.e. thev are 991 authorized to direct workers at a site to carrv out activities required bv the stormwater 992 pollution prevention plan or comply with other permit conditions). In the context of 993 stormwater discharqes from Municipal Separate Storm Sewer Svstems (MS4s) 994 operator means the operator of the requlated MS4 svstem. 995 996 "Outfall" means, when used in reference to municipal separate storm sewers a 997 point source at the point where a municipal separate storm sewer discharqes to surface 998 waters and does not include open convevances connectinq two municipal separate 999 storm sewers, or pipes, tunnels or other convevances with connected seqments of the 1000 same stream or other surface waters and are used to convev surface waters. 1001 1002 "Owner" means the Commonwealth or anv of its political subdivisions includinq 1003 but not limited to, sanitation district commissions and authorities and any public or 1004 private institution, corporation, association firm or company orqanized or existinq under 1005 the laws of this or anv other state or countrv, or anv officer or aqencv of the United 1006 States or anv person or qroup of persons actinq individually or as a qroup that owns 1007 operates, charters, rents or otherwise exercises control over or is responsible for anv 1008 actual or potential discharqe of sewaqe industrial wastes or other wastes or pollutants 1009 to state waters, or anv facilitv or operation that has the capabilitv to alter the phvsical 1010 chemical, or bioloqical properties of state waters in contravention of § 62 14-44 5 of the 1011 Code of Virqinia, the Act and this chapter. 1012 1013 "Peak flow rate" means the maximum instantaneous flow from a prescribed 1014 desian storm at a particular location. 1015 1016 "Percent impervious" means the_ impervious area within the site divided bv the 1017 area of the site multiplied bv 100. 23 1018 1019 "Permit" or "VSMP Authoritv Permit" means an approval to conduct a land- 1020 distu_rb_inq activity issued bV the Administrator for the initiation of a land-disturbinq 1021 activity, in accordance with this Ordinance, . and which may only be issued after 1022 evide.nce of qeneral permit coveraqe has been provided by the Department, if required. 1023 . 1024 "Permittee" means the qerson to whom the VSMP Authoritv Permit is issued. 1025 1026 "Person" means anv individual, corporation, partnership, association, state, 1027 municipality, commission, or political subdivision of a state, qovernmental bodv, 1028 includinq federal, state, or local entitv as applicable, any interstate body or anv other 1029 leqal entitv. 1030 1031 "Point of discharqe" means a location at which concentrated stormwater runoff is 1032 released. 1033 1034 "Pollutant discharqe" means the averaqe amount of a particular pollutant 1035 measured in pounds per year or other standard reportable unit as appropriate, delivered 1036 by stormwater runoff. 1037 1038 "Pollution" means such alteration of a physical, chemical or biological properties 1039 of anv state waters as will or is likelv to create a nuisance or render such waters (a) 1040 harmful or detrimental or iniurious to the public health, safetv or welfare, or to the health 1041 of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as 1042 present or possible future sources of public water supplv; or (c) unsuitable for 1043 recreational, commercial, industrial, aqricultural, or other reasonable uses, provided that 1044 (i) an alteration of the physical, chemical, or bioloqical propertv of state waters, or a 1045 discharqe or deposit of sewage, industrial wastes or other wastes to state waters bV any 1046 owner which bV itself is not sufficient to cause pollution, but which in combination with 1047 such alteration of or discharqe or deposit to state waters bV other owners, is sufficient to 1048 cause _pollution; (ii) the discharqe of untreated sewaqe bV any owner into state waters; 1049 and (iii) contributinq to the contravention of standards of water qualitv dulv established 1050 by the State Water Control Board, are "pollution" for the terms and purposes of this 1051 chapter. 1052 1053 "PostdevelopmenY" refers to conditions that reasonablv may be expected or 1054 anticipated to exist after completion of the land development activitv on a specific site. 1055 1056 "PredevelopmenY" refers to the conditions that exist at the time that plans for the 1057 land development of a tract of land are submitted to the VSMP authoritv. Where phased 1058 development or plan approval occurs (preliminary qradinq, demolition of existinq 1059 structures, roads and utilities, etc.), the existinq conditions at the time prior to the first 1060 item beinq submitted shall establish predevelopment conditions. 1061 1062 "Prior developed lands" means land that has been previouslv utilized for 1063 residential, commercial, industrial, institutional, recreation, transportation or utilitv 1064 facilities or structures, and that will have the impervious area associated with those uses 1065 altered durinq a land-disturbinq activitv. 24 1066 1067 "Qualified personnel" means a person knowledaeable in the principles and 1068 practices of erosion and sediment and stormwater management controls who 1069 possesses the skills to assess conditions at the construction site for the operator that 1070 could impact stormwater qualitv and quantitv and to assess the effectiveness of anv 1071 sediment and erosion control measures or stormwater management facilities selected to 1072 control the aualitv and quantity of stormwater discharqes from the construction activitv 1073 For VSMP authorities this requires the use of a person who holds a certificate of 1074 competencv from the board in the area of proiect inspection for ESC and proiect 1075 inspection for SWM or combined administrator for ESC and combined administrator for 1076 SWM as defined in 9VAC25-850-10 or a combination of ESC and SWM qualifications 1077 from these two area. 1078 1079 "Requlations" means the Virqinia Stormwater Manaqement Program (VSMP) 1080 Reaulations, 9VAC25-870, as amended. 1081 1082 "Runoff coefficient" means the fraction of total rainfall that will appear at a 1083 convevance as runoff. 1084 1085 "Runoff" or "stormwater runoff" means that portion of precipitation that is 1086 discharqed across the land surface or throuqh convevances to one or more waterwavs 1087 1088 "Runoff characteristics" include maximum velocitv peak flow rate volume and 1089 flow duration. 1090 1091 "Runoff volume" means the volume of water that runs off the site from a 1092 prescribed desiqn storm. 1093 1094 "Schedule of compliance" means a schedule of remedial measures included in a 1095 state permit, includinq an enforceable sequence of interim reauirements (for example 1096 actions, operations, or milestone events) leadinq to compliance with the Act the CWA 1097 and requlations. 1098 1099 "Site" means the land or water area where any facilitv or land-disturbinq activitv 1100 is phvsically located or conducted includinq adiacent land used or preserved in 1101 connection with the facilitv or land-disturbinq activitv. Areas channelward of inean low 1102 water shall not be considered part of a site. 1103 1104 "Site hvdroloqy" means the movement of water on across throuqh and off the 1105 site as determined bv parameters including but not limited to soil tvpes soil 1106 permeabilitv, veqetative cover, seasonal water tables slopes land cover, and 1107 impervious cover. 1108 1109 "Small construction activitv" means 1110 1111 1. Construction activities including clearinq qradinq and excavatinq that results 1112 in land disturbance of equal to or qreater than one acre and less than five 1113 acres. Small construction activity also includes the disturbance of less than 25 1114 one acre of total land area that is part of a larqer common qlan of 1115 development of sale if the larqer common plan will ultimatelv disturb equal to 1116 or qreater than one and less than five acres. Small construction activitv does 1117 not include routine maintenance that is perFormed to maintain the oriqinal line 1118 and qrade hydraulic capacitv, or oriqinal purqose of the facility. The board 1119 may waive the otherwise applicable requirements in a qeneral permit for a 1120 stormwater discharqe from construction activities that disturb less than five 1121 acres where stormwater controls are not needed based on a"total maximum 1122 dailv load" (TMDL) that addresses the pollutant(s) of concern or, for 1123 nonimpaired waters that do not require TMDLs, an equivalent analvsis that 1124 determines allocations for small construction sites for the pollutant(s) of 1125 concern or that determines that such allocations are not needed to protect 1126 water auality based on consideration of existinq in-stream concentrations, 1127 expected qrowth in pollutant contributions from all sources, and a marain of 1128 safety. For the purpose of this subdivision, the pollutant(s) of concern include 1129 sediment or a parameter that addresses sediment (such as total suspended 1130 solids, turbiditv or siltation) and any other pollutant that has been identified as 1131 a cause of impairment of anv water body that will receive a discharqe from 1132 the construction activitv. The operator must certify to the board that the 1133 construction activity will take place and stormwater discharqes will occur, 1134 within the drainaqe area addressed bv the TMDL or equivalent analysis. 1135 1136 2. Any other construction activity desiqnated by the either board or the EPA 1137 reqional administrator, based on the potential for contribution to a violation of 1138 a water quality standard or for siqnificant contribution of pollutants to surFace 1139 waters. 1140 1141 "Special Flood Hazard Area" means the land in the floodplain subiect to a one (1) 1142 percent or qreater chance of beinq flooded in anv qiven year as set forth in the 1143 Floodplain Ordinance (Appendix K). 1144 1145 "State" means the Commonwealth of Virqinia. 1146 1147 "State Board" means the State Water Control Board. 1148 1149 "State permit" means an approval to conduct a land-disturbinq activity issued by 1150 the State Board in the form of a state stormwater individual permit or coveraqe issued 1151 under a state qeneral permit or an approval issued by the State Board for stormwater 1152 discharqes from an MS4. Under these state permits, the Commonwealth imposes and 1153 enforces requirements pursuant to the federal Clean Water Act and requlations, the 1154 Virqinia Stormwater Manaqement Act and the Requlations. 1155 1156 "State Water Control Law" means Chapter 3.1 (?62.1-44.2 et sep.) of Title 62.1 1157 of the Code of Virqinia. 1158 1159 "State waters" means all water, on the surface and under the qround, wholly or 1160 partially within or borderinq the Commonwealth or within its iurisdiction, includinq 1161 wetlands. 26 1162 1163 "Stormwater" means precipitation that is discharqed across the land surface or 1164 throuqh convevances to one or more waterwavs and that mav include stormwater 1165 runoff, snow melt runoff, and surface runoff and drainaqe. 1166 1167 "StormwaterAppeals Board" is the appeal authoritv desiqnated bv Citv Council to 1168 hear appeals from anV permit applicant or permittee, or person sublect to Ordinance 1169 requirements, aqarieved bv any action of the Citv taken in reqard to the Ordinance 1170 without a formal hearinq. The Board shall be appointed by Citv Council and shall 1171 consist of six (6) members, one (1) from the Department of Planninq, one (1) from the 1172 Department of Public Works, one (1) from the Department of Public Utilities and three 1173 (3) citizen members. The citv attornev or his desiqnee shall serve as leqal counsel to 1174 the Stormwater Appeals Board. 1175 1176 "Stormwater convevance system" means a combination of drainaqe components 1177 that are used to convev stormwater discharqe, either within or downstream of the land- 1178 disturbing activitv. This includes: 1179 1180 1. "Manmade stormwater convevance system" means a pipe, ditch, veqetated 1181 swale, or other stormwater convevance system constructed bv man except 1182 for restored stormwater conveyance systems; 1183 1184 2. "Natural stormwater convevance system" means the main channel of a 1185 natural stream and the flood-prone area adiacent to the main channel; or 1186 1187 3. "Restored stormwater convevance svstem" means a stormwater convevance 1188 system that has been desianed and constructed usinq natural channel desiqn 1189 concepts. Restored stormwater convevance systems include the main 1190 channel and the flood-prone area adiacent to the main channel. 1191 1192 "Stormwater discharqe associated with construction activitv" means a discharae 1193 of stormwater runoff from areas where land-disturbinq activities (e.q. clearinq qrading,. 1194 or excavation); construction materials or equipment storaqe or maintenance (e.q. fill 1195 piles, borrow area, concrete truck washout, fuelinq)• or other industrial stormwater 1196 directlv related to the construction process (e.q. concrete or asphalt batch plants are 1197 located. 1198 1199 "Stormwater manaqement facilitv" means a control measure that controls 1200 stormwater runoff and chanaes the characteristics of that runoff includinq but not 1201 limited to, the quantity and quality, the period of release or the velocitv of flow. 1202 1203 "Stormwater manaaement plan" means a document(s) containinq material 1204 describinq methods for complyinq with the requirements of Section 1-6 of this 1205 Ordinance. 1206 1207 "Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is 1208 ?repared in accordance with qood enqineerinq practices and that identifies potential 1209 sources of pollutants that mav reasonably be expected to affect the qualitv of 27 1210 stormwater discharqes from the construction site, and otherwise meets the 1211 reauirements of this Ordinance. In addition the document shall identify and require the 1212 implementation of control measures, and shall include, but not be limited to the inclusion 1213 of or the incorporation bv reference of, an approved erosion and sediment control plan, 1214 an approved stormwater manaqement plan, and a pollution prevention plan. 1215 1216 "Subdivision" means the same as defined in Section 1.4 of the Subdivision 1217 Requlations of the Citv of Virqinia Beach fAppendix Bl. 1218 1219 "Total maximum daily load" or "TMDL" means the sum of the individual 1220 wasteload allocations for point sources, load allocations for nonpoint sources, natural 1221 backqround loadinq and a marqin of safety. TMDLs can be expressed in terms of either 1222 mass per time, toxicitv, or other appropriate measure. The TMDL process provides for 1223 point versus nonpoint source trade-offs. 1224 1225 "Virqinia Stormwater BMP Clearin.qhouse Website" means a website that 1226 contains detailed desiqn standards and specifications for control measures that may be 1227 used in Virqinia to comply with the requirements of the Virqinia Stormwater 1228 Manaqement Act and associated requlations. 1229 1230 "Virginia Stormwater Manaqement Act" or "Act" means Article 2.3 (§62.1- 1231 44.15:24 et sep.) of Chapter 3.1 of Title 62.1 of the Code of Virqinia. 1232 1233 "Virginia Stormwater Manapement Handbook" means a collection of pertinent 1234 information that provides qeneral quidance for compliance with the Act and associated 1235 requlations and is developed bv the department with advice from a stakeholder advisorv 1236 committee. 1237 1238 "Virginia Stormwater Manaqement Proqram" or "VSMP" means a proqram 1239 approved by the State Board after September 13, 2011, that has been established bv a 1240 locality to manaqe the quality and quantitv of runoff resultinq from land-disturbinq 1241 activities and shall include such items as local ordinances, rules, permit requirements, 1242 annual standards and specifications, policies and quidelines, technical materials, and 1243 requirements for plan review, inspection, enforcement, where authorized in this article, 1244 and evaluation consistent with the requirements of this article and associated 1245 requlations. 1246 1247 "Virginia Stormwater Management Proqram authority" or "VSMP authority" 1248 means an authoritv approved by the State Board after September 13, 2011, to operate 1249 a Virqinia Stormwater Manaqement Proqram. 1250 1251 COMMENT 1252 1253 These definitions are taken from the regulations and the model ordinance. Section 1-3 does 1254 contain more definitions than the model ordinance, as those definitions that might be helpful to 1255 citizens have also been added. 1256 28 1305 bona fide aaricultural or improved pasture use as described in Subsection B 1306 of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virqinia; 1307 1308 3. Sinqle-family residences separately built and disturbinq less than one acre 1309 and not part of a larqer common plan of development or sale, includinq 1310 additions or modifications to existinq sinqle-family detached residential 1311 structures, unless the land disturbance is located in the Chesapeake Bay 1312 watershed. In the Chesapeake Bay watershed, sinqle-familv residences 1313 separatelv built and disturbina less than 2500 sauare feet are exemat: 1314 1315 4. Land disturbinq activities that disturb less than one acre of land area, and not 1316 part of a larqer common plan of development or sale, except in areas 1317 desiqnated by the Citv as subiect to the Chesapeake Bav Preservation Area 1318 Desiqnation and Manaqement Requlations, where land disturbing activities 1319 less than 2500 square feet are exempt; 1320 1321 5. Discharqes to a sanitarv sewer; 1322 1323 6. Activities under a State or federal reclamation proqram to return an 1324 abandoned propertv to an aqricultural or open land use; 1325 1326 7. Routine maintenance that is perFormed to maintain the oriqinal line and qrade, 1327 hydraulic capacitv, or oriqinal construction of the proiect. The pavina of an 1328 existinq road with a compacted or impervious surface and reestablishment of 1329 existinq associated ditches and shoulders shall be deemed routine 1330 maintenance if performed in accordance with this Subsection; and 1331 1332 8. Conductinq land-disturbinq activities in response to a public emerqency 1333 where the related work requires immediate authorization to avoid imminent 1334 endanqerment to human health or the environment. In such situations, the 1335 Administrator shall be advised of the disturbance within seven davs of 1336 commencina the land-disturbinq activity and compliance with the 1337 administrative requirements of subsection A. is required within 30 davs of 1338 commencinq the land-disturbinq activitv. 1339 1340 COMMENT 1341 1342 This section establishes the Stormwater Management Program for the City of Virginia 1343 Beach as required by Virginia Code. The City Manager or his designees are designated as the 1344 Administrator of the Program. Public Works and Public Utilities are the Administrators for their 1345 respective CIP and other projects. Planning is the Administrator for all private projects. 1346 1347 Sec. 1-5. Submission and approval of plans. 1348 1349 A. No VSMP authoritv permit shall be issued bv the Administrator, until the followinq 1350 items have been submitted to and approved bv the Administrator as qrescribed herein: 1351 30 1352 1. A plan review packaqe that includes a qeneral permit reqistration statement, if 1353 required. Reqistration statements are not required for detached sinale-familv 1354 home construction, within or outside of a common plan of development or 1355 sale; however the such construction must adhere to the requirements of the 1356 qeneral permit; 1357 1358 2. An erosion and sediment control plan approved in accordance with the City of 1359 Virainia Beach Erosion and Sediment Control Ordinance (Chapter 30); 1360 1361 3. A stormwater manaqement plan that meets the requirements of Section 1-6 of 1362 this Ordinance or an executed aqreement in lieu of a stormwater 1363 manaqement plan; and 1364 1365 4. When the development of property is proposed, a site plan or subdivision 1366 construction plan incorporatinq all applicable requirements of the Subdivision 1367 Requlations (Appendix 6) and Site Plan Ordinance (Appendix C). 1368 1369 B. No VSMP authority permit shall be issued until evidence of qeneral permit 1370 coveraqe is obtained, if required. 1371 1372 C. No VSMP authority permit shall be issued until the fees required to be paid 1373 pursuant to Section 1-33, are received, and a reasonable performance bond required 1374 pursuant to Section 1-34 of this Ordinance has been accepted. 1375 1376 D. No VSMP authority permit shall be issued until the Stormwater Manaqement 1377 Facilitv Maintenance Aqreement is submitted and approved pursuant to Section 1-28 of 1378 this Ordinance. 1379 1380 E. No VSMP authority permit shall be issued unless and until the permit application 1381 and attendant materials and supportinq documentation demonstrate that all land 1382 clearinq, construction, disturbance, land development and drainaqe will be done 1383 accordinq to the approved plan. 1384 1385 F. No qradinq, building or other local permit shall be issued for a propertv unless a 1386 VSMP authority permit has been issued by the Administrator, unless such activity is 1387 exempt• 1388 1389 G. No VSMP authoritv permit shall be issued until an Aqreement in Lieu of a 1390 Stormwater Plan, if required, has been executed, submitted and approved. 1391 1392 COMMENT 1393 1394 This section establishes the requirements for the VSMP authority permit--Stormwater 1395 Management Plan, Construction General Permit registration, approved erosion and sediment 1396 control plan, fees paid and a construction plan. 1397 1398 Sec. 1-6. Stormwater manaaement plan: content of alan. 1399 31 1400 A. The Stormwater Manaqement Plan, required in Section 1-4 of this Ordinance, 1401 must apply the stormwater manaqement technical criteria set forth in Sections 1-10 1402 throuqh 1-19 and 1-22 throuqh 1-27 of this Ordinance to the entire site or common plan 1403 of development or sale where applicable, consider all sources of surFace runoff and all 1404 sources of surFace and qroundwater flows converted to surface runoff. Individual lots in 1405 new residential. commercial or industrial develoaments shall not be considered 1406 separate land-disturbinq activities. Approved stormwater manaqement plans for 1407 residential, commercial or industrial subdivisions govern the individual parcels within 1408 that plan throuqhout the development life of the lots even with subsequent owners. 1409 1410 The Stormwater Manaqement Plan shall include the followinq information: 1411 1412 1. Information on the type and location of stormwater discharqes; information on 1413 the features to which stormwater is beinq discharged includinq surFace waters 1414 and the predevelopment and postdevelopment drainaqe areas; 1415 1416 2. Contact information includina the name, address, and telephone number of 1417 the owner, and the applicant if not the owner, and the GPIN and parcel 1418 number of the propertv or properties affected; 1419 1420 3. A narrative that includes a description of current site conditions and final site 1421 conditions; 1422 1423 4. A_qeneral description of the proposed stormwater manaqement facilities and 1424 the mechanism throuqh which the facilities will be operated and maintained 1425 after construction is complete; 1426 1427 5. Information on the proposed stormwater manaqement facilities, includinq: 1428 1429 i. The tvpe of facilities; 1430 ii. Location, includinq qeoqraphic coordinates expressed in U.S. Survev 1431 Feet and based on the Virqinia State Plane Coordinate Svstem, South 1432 Zone, NAD 1983/1993 (Hiqh Accuracv Reference Network) (HARN) or 1433 Latitude and Longitude; 1434 iii. Area treated, measured in square feet and acreage; and 1435 iv. The surFace waters into which the facilitv will discharqe. 1436 1437 6. Hydroloqic and hydraulic computations, includinq runoff characteristics; 1438 1439 7. Documentation and calculations verifvinq compliance with the water qualitv 1440 and quantitv requirements of Sections 1-10 throuqh 1-19 or 1-22 throuqh 1-27 1441 of this Ordinance. 1442 1443 8. A map or maps of the site that deqicts the topoqraphv of the site and 1444 includes: 1445 1446 i. All contributinq drainaqe areas; 32 1447 ii. Existinq streams, ponds, culverts, ditches, wetlands, other water bodies, 1448 and floodplains; 1449 iii. Soil types, forest cover, and other veqetative areas; 1450 iv. Current land use includinq existing structures, roads, and locations of 1451 known utilities and easements; 1452 v. Sufficient information on adioininq qarcels to assess the impacts of 1453 stormwater from the site on these parcels; 1454 vi. The limits of clearinq and qradinq, and the proposed drainaqe patterns 1455 on the site; 1456 vii. Proposed buildinqs, roads, parkinq areas, utilities, and stormwater 1457 manaqement facilities; 1458 viii. Proposed land use with tabulation of the percentaqe of surface area to 1459 be adapted to various uses, includinq but not limited to planned locations 1460 of utilities, roads, and easements; 1461 ix. All Chesapeake Bav Preservation Area desiqnations of Resource 1462 Protection Areas, includinq variable width buffers; 1463 x. All Southern Watershed buffers and nontidal wetlands, pursuant to 1464 Appendix G of the Virqinia Beach City Code; and 1465 xi. Any other information reasonablv necessarv for an evaluation of the 1466 development activity. 1467 1468 B. If an operator intends to meet the water qualitv or quantity requirements set forth 1469 in Sections 1-10 throuqh 1-19 and 1-22 throuqh 1-27 of this Ordinance throuqh the use 1470 of off-site compliance options, where applicable, then a letter of availability from the off- 1471 site provider must be included. Approved off-site options must achieve the necessary 1472 nutrient reductions prior to the commencement of the applicant's land-disturbinq activitv 1473 exceqt as otherwise allowed bv ? 62.1-44.15:35 of the Code of Virqinia. 1474 1475 C. If an operator intends to meet the water qualitv and quantitv requirements 1476 available in an existinq off-site reqional or locallv shared stormwater manaqement 1477 facility, pursuant to a previously approved plan, documentation shall be required 1478 indicatinq that the facilitv meets the auality and auantity technical criteria set forth in 1479 Sections 1-10 throuqh 1-19 and 1-22 throuqh 1-27 of this Ordinance and that a 1480 Stormwater Manaqement Facilities Maintenance Aqreement acceptable to the Citv has 1481 been recorded and that all necessary easements are in place to access and utilize the 1482 Stormwater Manaqement Facilitv. 1483 1484 D. Elements of the stormwater manaqement plans that include activities requlated 1485 under Chapter 4(?54.1-400 et seq.) of Title 54.1 of the Code of Virqinia shall be 1486 appropriately sealed and siqned by a professional reqistered in the Commonwealth of 1487 Virqinia pursuant to Article 1(§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code 1488 of Virqinia. 1489 1490 E. A maintenance aqreement and adequate easements, executed and recorded to 1491 ensure responsibilitv for the maintenance of any stormwater manaqement facilities 1492 constructed under the requirements of this ordinance, unless exempted from this 33 1493 requirement under section 1-28 and to ensure appropriate access to such facilities for 1494 maintenance, inspection and corrective action. 1495 1496 1497 COMMENT 1498 1499 This section lists the items that must be provided to the City in the Stormwater 1500 Management Plan, including specific information in regard to the stormwater facilities, 1501 documentation and calculations, a maintenance agreement, topographic maps and contact 1502 information. 1503 1504 Sec. 1-7. Review of stormwater manaqement plans. 1505 1506 A. The Administrator shall review stormwater manaqement plans and shall approve 1507 or disapprove a stormwater manaqement plan accordinq to the followinq: 1508 1509 1. The Administrator shall determine the completeness of a plan submittal 1510 packaqe in accordance with Section 1-6 of this Ordinance, and shall notifv the 1511 applicant in writinq, of such determination, within 15 calendar davs of receipt. 1512 If the plan is deemed to be incomplete, the above written notification shall 1513 contain the reasons the plan submittal packaqe is deemed incomplete. 1514 1515 2. The Administrator shall have an additional 60 calendar davs from the date of 1516 the communication of completeness to review the plan, except that if a 1517 determination of completeness is not made within the time prescribed in 1518 subdivision 1., then the plan shall be deemed complete and the Administrator 1519 shall have 60 calendar days from the date of submission to review the plan. 1520 1521 3. The Administrator shall review any plan that has been previouslv 1522 disapproved, within 45 calendar davs of the date of resubmission. 1523 1524 4. Durinq the review period, the plan shall be approved or disapproved and the 1525 decision communicated in writinq to the person responsible for the land- 1526 disturbing activity or his desiqnated aqent. If the plan is not approved, the 1527 reasons for not aqqrovinq the plan shall be provided in writinq. Approval or 1528 denial shall be based on the plan's compliance with the requirements of this 1529 Ordinance. 1530 1531 5. If a plan meetinq all requirements of this Ordinance is submitted and no 1532 action is taken within the time provided above in subdivision 2. for review, the 1533 plan shall be deemed approved. 1534 1535 6. All written correspondence shall be by email or facsimile unless requested 1536 otherwise in writinq bv the applicant. 1537 1538 B. Aaaroved stormwater alans mav be modified as follows: 1539 34 1540 1. Modifications to an approved stormwater manaqement plan shall be allowed 1541 only after review and written approval by the Administrator. The Administrator 1542 shall have 60 calendar davs to respond in writinq either approvinq or 1543 disapprovinq such request. 1544 1545 2. The Administrator may require that an approved stormwater manaqement 1546 plan be amended within a time prescribed bv the Administrator, to address 1547 anv deficiencies noted durinq inspection. 1548 1549 C. The Administrator shall require the submission of a construction record drawinq 1550 for permanent stormwater manaqement facilities. The Administrator may elect not to 1551 require construction record drawinqs for stormwater manaqement facilities for which 1552 recorded maintenance aqreements are not required pursuant to Section 1-28. Prior to 1553 the release of the surety and final approval of the facilitv by the Citv a construction 1554 record drawinq for permanent stormwater manaqement facilities shall be submitted, 1555 inspected and approved by the Administrator. The construction record drawinq shall be 1556 appropriately sealed and siqned by a professional registered in the Commonwealth of 1557 Virqinia certifvinq that the stormwater manaqement facifities have been constructed in 1558 accordance with the approved plan. 1559 1560 COMMENT 1561 1562 This section establishes the review time limits and procedures for the stormwater 1563 Management Plan. An initial completeness review must be done within 15 days of submission. The 1564 initial review must be done witlun 60 days of the determination of completeness, and any 1565 resubmissions within 45 days of resubmission. If the City does not meet these time deadlines, then 1566 the plan is deemed approved by the Administrator. Any permanent stormwater management 1567 facility must have a construction record drawing, unless it is waived by the Administrator. 1568 1569 Sec. 1-8. Stormwater pollution prevention plan; content of plan. 1570 1571 A. The Stormwater Pollution Prevention Plan (SWPPP) is not reauired to be 1572 submitted for review and approval, however, it is a requirement of the VSMP and 1573 aeneral permit and will be reviewed durinq inspections. Specific components of the 1574 SWPPP, as required by Section 1-6 will be reviewed. 1575 1576 B. The Stormwater Pollution Prevention Plan (SWPPP) shall include the content 1577 specified by Section 9VAC25-870-54, but not limited to, an approved erosion and 1578 sediment control plan, an approved stormwater manaaement plan, a pollution 1579 prevention plan for requlated land disturbinq activities and a description of any 1580 additional control measures necessary to address a TMDL if required. 1581 1582 C. The SWPPP must also complv with the requirements and qeneral information set 1583 forth in Section 9VAC25-880-70, Section II fstormwater qollution prevention planl of the 1584 qeneral permit. 1585 35 1586 D. The SWPPP shall be amended by the operator whenever there is a chanqe in 1587 desiqn construction operation or maintenance that has a siqnificant effect on the 1588 discharqe of pollutants to state waters which is not addressed by the existinq SWPPP. 1589 1590 E. The SWPPP must be maintained bv the operator at a central location onsite. If 1591 an onsite location is unavailable notice of the SWPPP's location must be posted near 1592 the main entrance at the construction site. Operators shall make the SWPPP available 1593 for public review in accordance with Section II of the qeneral permit, either electronically 1594 or in hard coqv. 1595 1596 COMMENT 1597 1598 This section establishes the contents and requirements of the Stormwater Pollution 1599 Prevention Plan (SWPPP). The SWPPP must be maintained at the construction site and must be 1600 available for public review. 1601 1602 Sec. 1-9. Pollution prevention plan; content of plan. 1603 1604 A. A Pollution Prevention Plan required by 9VAC25-870-56, shall be developed, 1605 implemented and updated as necessarv and must detail the desiqn, installation, 1606 implementation and maintenance of effective pollution prevention measures to 1607 minimize the discharqe of pollutants. At a minimum, such measures must be desiqned, 1608 installed, implemented, and maintained to: 1609 1610 1. Minimize the discharqe of pollutants from equipment and vehicle washinq, 1611 wheel wash water, and other wash waters. Wash waters must be treated in a 1612 sediment basin or alternative control that provides equivalent or better 1613 treatment prior to discharqe; 1614 1615 2. Minimize the exposure of buildinq materials, buildinq products, construction 1616 wastes trash landscape materials, fertilizers, pesticides, herbicides, 1617 deterqents sanitary waste, and other materials present on the site to 1618 precipitation and to stormwater; and 1619 1620 3. Minimize the discharge of pollutants from spills and leaks and implement 1621 chemical spill and leak prevention and response procedures. 1622 1623 B. The pollution prevention plan shall include effective best manaqement practices 1624 to prohibit the followinq discharqes: 1625 1626 1. Wastewater from washout of concrete, unless manaqed by an appropriate 1627 control; 1628 1629 2. Wastewater from washout and cleanout of stucco, paint, form release oils, 1630 curinq compounds, and other construction materials; 1631 1632 3. Fuels, oils or other pollutants used in vehicle and equipment operation and 1633 maintenance: and 36 1634 1635 4. Soaps or solvents used in vehicle and equipment washinq. 1636 1637 C. Discharqes from dewaterinq activities, includinq discharqes from dewaterinq of 1638 trenches and excavations are prohibited untess manaaed bv appropriate controls. 1639 1640 1641 COMMENT 1642 1643 This section lists the requirements for the Pollution Prevention Plan, which establishes how 1644 pollutant runoff will be minimized from the construction site. Certain discharges are prohibited, 1645 and require best management practices. 1646 1647 Sec. 1-10. Aaplicabilitv of technical criteria for requlated land disturbin 1648 activities. 1649 1650 Except as grandfathered in accordance with the provisions of Section 1-20, 1651 Sections 1-10 throuqh 1-19 establish the minimum technical criteria for requlated land- 1652 disturbinq activities that shall be employed to protect the qualitv and quantitv of state 1653 water from the potential harm of unmanaqed stormwater runoff resultinq from land- 1654 disturbinq activities. 1655 1656 COMMENT 1657 1658 This section establishes the new technical criteria for stormwater management, which are 1659 listed through section 1-19 1660 1661 Sec. 1-11. Water qualitv desiqn criteria requirements. 1662 1663 A. In order to protect the quality of state waters and to control the discharqe of 1664 stormwater pollutants from requlated activities, the followinq minimum desian criteria 1665 and statewide standards for stormwater manaqement shall be applied to the site. 1666 1667 1. New development. The total phosphorus load of new development proiects 1668 shall not exceed 0.41 pounds per acre per year, as calculated pursuant to 1669 Section 1-12. 1670 1671 2. Development on prior developed lands. 1672 1673 a. For land-disturbinq activities disturbinq qreater than or equal to one 1674 acre that results in no net increase in impervious cover from the 1675 predevelopment condition, the total phosphorus load shall be reduced 1676 at least 20% below the predevelopment total phosphorus load. 1677 b. For requlated land-disturbinq activities disturbinq less than one acre 1678 that result in no net increase in impervious cover from the 1679 predevelopment condition, the total phosphorus load shall be reduced 1680 at least 10°/o below the predevelopment total phosphorus load. 37 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 1704 c. For land-disturbinq activities that result in a net increase in impervious cover over the predevelopment condition, the desiqn criteria for new development shall be applied to the increased impervious area. Dependinq on the area of disturbance, the criteria of subdivisions a or b above shall be applied to the remainder of the site. d. In lieu of subdivision c the total phosphorus load of a linear development proiect occurrinq on prior developed lands shall be reduced 20% below the predevelopment total phosphorus load. e. The total phosphorus load shall not be required to be reduced to below the applicable standard for new develoqment unless a more strinqent standard has been established bv the Citv. B. Compliance with subsection A of this section shall be determined in accordance with Section 1-12. COMMENT Water quality design criteria require that new development have less than .41 pounds per year of phosphorus load. This is a reduction from the current requirement. Redeveloped sites of less than 1 acre require a 10% reduction of phosphorus load from the site, and redevelopment of over 1 acre requires a reduction of 20 Sec. 1-12. Water qualitv compliance. 1705 A. Compliance with the water quality desiqn criteria set out in Sections A1 and A2 of 1706 Section 1-11 shall be determined bv utilizina the Virqinia Runoff Reduction Method or 1707 another equivalent methodoloqv that is approved by the State Water Control Board. 1708 1709 B. The BMPs listed in 9VAC25-870-65.B are approved for use as necessary to 1710 effectivelv reduce the phosphorus load and runoff volume in accordance with the 1711 Virqinia Runoff Reduction Method. Other approved BMPs found on the Virqinia 1712 Stormwater BMP Clearinghouse Website mav also be utilized. Desian specifications 1713 and the pollutant removal efficiencies for all approved BMPs are found on the Virqinia 1714 Stormwater BMP Clearinqhouse Website. 1715 1716 C. However, where a site drains to more than one HUC, the pollutant load reduction 1717 requirements shall be applied independentlv within each HUC unless reductions are 1718 achieved in accordance with a comprehensive watershed stormwater manaqement plan 1719 in accordance with Section 1-190 1720 1721 D. Offsite alternatives where allowed in accordance with Section 1-14 may be 1722 utilized to meet the desiqn criteria of subsection A of Section 1-11. 1723 1724 COMMENT 1725 1726 Compliance with the prior section (1-11) is accomplished through the Runoff Reduction 1727 Method. Only the BMPs listed in the Virginia Stormwater BMP Clearinghouse Website are 1728 approved for use. 38 1729 1730 Sec. 1-13. Water quantitv. 1731 1732 A. Channel protection and flood protection shall be addressed in accordance with 1733 the minimum standards set out in this section. 1734 1735 B. Channel protection. Concentrated stormwater flow shall be released into a 1736 stormwater convevance svstem and shall meet the criteria in subdivision 1, 2, or 3 of 1737 this subsection where applicable, from the point of discharqe to a point to the limits of 1738 analvsis in subdivision 4 of this subsection. 1739 1740 1. Manmade stormwater convevance svstems. When stormwater from a 1741 development is discharqed to a manmade stormwater conveyance svstem, 1742 following the land-disturbinct activity, either: 1743 1744 a. The manmade stormwater conveyance svstem shall convev the 1745 postdevelopment peak flow rate from the two-year 24-hour storm event 1746 without causina erosion of the system. Detention of stormwater or 1747 downstream improvements may be incorporated into the approved 1748 land-disturbinq activitv to meet this criterion, at the discretion of the 1749 VSMP authoritv; or 1750 b. The peak discharge requirements for concentrated stormwater flow to 1751 natural stormwater conveyance svstems in subdivision 3 of this 1752 subsection shall be met. 1753 1754 2. Restored stormwater convevance systems. When stormwater from a 1755 development is discharqed to a restored stormwater conveyance svstem that 1756 has been restored usinq natural desiqn concepts, followinq the land- 1757 disturbinq activity, either: 1758 1759 a. The development shall be consistent, in combination with other 1760 stormwater runoff, with the desiqn parameters of the restored 1761 stormwater conveyance svstem that is functioninq in accordance with 1762 the desiqn obiectives; or 1763 b. The peak discharqe requirements for concentrated stormwater flow to 1764 natural stormwater convevance systems in subdivision 3 of this 1765 subsection shall be met. 1766 1767 3. Natural stormwater convevance systems. When stormwater from a 1768 development is discharqed to a natural stormwater conveyance svstem, the 1769 maximum qeak flow rate from the one-year 24-hour storm followinq the land- 1770 disturbina activitv shall be calculated either: 1771 1772 a. In accordance with the followinq methodoloqy: 1773 QDeveloqed ? I. F. * Qpre-Developed*RVPre-Developed LDeveloped 1774 Under C10 condition SIIaII QDeveloped be qreater than QPre-Developed nOr 1775 SIIaII QDevelooed be required to be less than that calculated in the 1776 eCaUatIOCI (QFores?Fores t LLR- Developed; Where 39 1777 I.F. (Improvement Factor) equals 0.8 for sites > 1 acre or 0.9 for sites <_ 1778 1 acre. 1779 Q?e?eioped = The allowable peak flow rate of runoff from the developed 1780 site. 1781 RVp_ e„? = The volume of runoff from the site in the developed 1782 condition. 1783 QPre-Develoaed - Tlle peak flow rate of runoff from the site in the pre- 1784 developed condition. 1785 RVPre-De„eioped = The volume of runoff from the site in pre-developed 1786 condition. 1787 QForest = The peak flow rate of runoff from the site in a forested 1788 condition. 1789 RVFo?est = the volume of runoff from the site in a forested condition; or 1790 b. In accordance with another methodoloqy that is demonstrated by the 1791 City to achieve equivalent results and is approved by the State Water 1792 Control Board. 1793 1794 4. Limits of analysis. Unless subdivision 3 of this subsection is utilized to show 1795 compliance with the channel protection criteria, stormwater convevance 1796 systems shall be analvzed for compliance with channel protection criteria to a 1797 point where either: 1798 1799 a. Based on land area, the site's contributing drainage area is less than 1800 or equal to 1.0% of the total watershed area; or 1801 b. Based on peak flow rate, the site's peak flow rate from the one-vear 1802 24-hour storm is less than or eaual to 1.0% of the existinq peak flow 1803 rate from the one-vear 24-hour storm prior to the implementation of 1804 any stormwater quantitv control measures. 1805 1806 C. Flood protection. Concentrated stormwater flow shall be released into a 1807 stormwater conveyance system and shall meet one of the followinq criteria as 1808 demonstrated bv use of acceptable hvdroloqic and hydraulic methodoloqies: 1809 1810 1. Concentrated stormwater flow to stormwater conveyance systems that 1811 currently do not experience localized floodinq durinq the 10-vear 24-hour 1812 storm event: The point of discharqe releases stormwater into a stormwater 1813 convevance system that, followinq the land-disturbinq activitv, confines the 1814 postdevelopment peak flow rate from the 10-year 24-hour storm event within 1815 the stormwater convevance system. Detention of stormwater or downstream 1816 improvements may be incorporated into the approved land-disturbinq activity 1817 to meet this criterion, at the discretion of the VSMP authority. 1818 1819 2. Concentrated stormwater flow to stormwater convevance svstems that 1820 currently experience localized floodina durinq the 10-vear 24-hour storm 1821 event. The point of discharqe either: 1822 1823 a. Confines the postdevelopment peak flow rate from the 10-year 24-hour 1824 storm event within the stormwater conveyance system to avoid the 40 1825 localized floodinq. Detention of stormwater or downstream 1826 improvements mav be incorporated into the approved land-disturbinq 1827 activitv to meet this criterion at the discretion of the VSMP authority; or 1828 b. Releases a postdevelopment peak flow rate for the 10-year 24-hour 1829 storm event that is less than the predevelopment peak flow rate from 1830 the 10-vear 24-hour storm event. Downstream stormwater convevance 1831 systems do not reauire any additional analysis to show compliance 1832 with flood protection criteria if this option is utilized. 1833 1834 3. Limits of analysis. Unless subdivision 2 b of this subsection is utilized to 1835 comply with the flood protection criteria, stormwater conveyance svstems 1836 shall be analyzed from compliance with flood protection criteria to a point 1837 where: 1838 1839 a. The site's contributinq drainaqe area is less than or equal to 1.0% of 1840 the total watershed area draininq to a point of analysis in the 1841 downstream stormwater convevance svstem; 1842 b. Based on peak flow rate, the site's peak flow rate from the 10-year 24- 1843 hour storm event is less than or equal to 1.0% of the existinq peak flow 1844 rate from the 10-year 24-hour storm event prior to the implementation 1845 of any stormwater auantity control measures; or 1846 c. The stormwater conveyance system enters a mapped floodplain or 1847 other flood-prone area, adopted bv ordinance, of any localitv. 1848 1849 D. Increased volumes of sheet flow resultinq from pervious or disconnected 1850 impervious areas or from phvsical spreadinq of concentrated flow throuah level 1851 spreaders must be identified and evaluated for potential impacts on down-qradient 1852 properties or resources. Increased volumes of sheet flow that will cause or contribute to 1853 erosion sedimentation or floodinq of down aradient properties or resources shall be 1854 diverted to a stormwater manaqement facilitv or a stormwater conveyance svstem that 1855 convevs the runoff without causinq down-qradient erosion, sedimentation, or floodinq. If 1856 all runoff from the site is sheet flow and the conditions of this subsection are met, no 1857 further water quantitv controls are required. 1858 1859 E. For purposes of computinq predevelopment runoff, all pervious lands on the site 1860 shall be assumed to be in qood hvdroloqic condition in accordance with the U.S. 1861 Department of Aqriculture's Natural Resources Conservation Service (NRCS) 1862 standards regardless of conditions existinq at the time of computation. Predevelopment 1863 runoff calculations utilizinq other hvdroloqic conditions may be utilized provided that it is 1864 demonstrated to and approved by the VSMP authority that actual site conditions warrant 1865 such considerations. 1866 1867 F. Predevelopment and postdevelopment runoff characteristics and site hvdroloqy 1868 shall be verified bv site inspections, topoqraphic survevs, available soil mappinq or 1869 studies, and calculations consistent with aood enqineerinq practices. Guidance provided 1870 in the Virqinia Stormwater Manaqement Handbook and on the Virqinia Stormwater BMP 1871 Clearinqhouse website shall be considered appropriate practices. 1872 41 1873 COMMENT 1874 1875 This section establishes the technical criteria for quantity reduction, including channel 1876 protection and flood protection, in regard to the sites ability to retain certain amounts of 1877 stormwater for specified periods. 1878 1879 1880 1881 Sec. 1-14. Offsite compliance options. 1882 1883 A. Offsite compliance options that the City mav allow an operator to use to meet 1884 required phosphorus nutrient reductions include the followinq: 1885 1886 1. Offsite controls utilized in accordance with a comprehensive stormwater 1887 manaqement plan adopted pursuant to Section 1-19 for the local watershed 1888 within which a prolect is located; 1889 1890 2. A localitv pollutant loadinq pro rata share proqram established pursuant to ? 1891 15.2-2243 of the Code of Virqinia or similar local fundinq mechanism; 1892 1893 3. The nonpoint nutrient offset proqram established pursuant to ? 62.1-44.15:35 1894 of the Code of Virqinia; 1895 1896 4. Any other offsite options approved bv an applicable state aqencv or state 1897 board; and 1898 1899 5. When an operator has additional properties available within the same HUC or 1900 upstream HUC that the land-disturbinq activitv directly discharqes to or within 1901 the same watershed as determined by the City, offsite stormwater 1902 manaqement facilities on those properties mav be utilized to meet the 1903 required phosphorus nutrient reductions from the land-disturbinq activitv. 1904 1905 B. Notwithstandinq subsection A of this section, and pursuant to § 62.1-44.15:35 of 1906 the Code of Virqinia operators shall be allowed to utilize offsite options identified in 1907 subsection A of this section under any of the followinq conditions: 1908 1909 1. Less than five acres of land will be disturbed; 1910 1911 2. The postconstruction phosphorus control requirement is less than 10 pounds 1912 per year; or 1913 1914 3. At least 75% of the required phosphorus nutrient reductions are achieved on- 1915 site. If at least 75% of the required phosphorus nutrient reductions cannot be 1916 met on-site and the operator can demonstrate to the satisfaction of the City 1917 that (i) alternative site desiqns have been considered that may accommodate 1918 on-site best manaqement practices, (ii) on-site best manaqement practices 1919 have been considered in alternative site desiqns to the maximum extent 1920 qracticable. (iii) aparopriate on-site best manaqement practices willbe 42 1921 implemented and (iv) full compliance with postdevelopment nonpoint nutrient 1922 runoff compliance requirements cannot practicablv be met on-site, then the 1923 required phosphorus nutrient reductions mav be achieved in whole or in part, 1924 throuqh the use of off-site compliance options. 1925 1926 C. Notwithstandinq subsections A and B of this section offsite options shall not be 1927 allowed: 1928 1929 1. Unless the selected offsite option achieves the necessary nutrient reductions 1930 prior to the commencement of the operator's land-disturbinq activitv. In the 1931 case of a phased prolect the operator mav acquire or achieve offsite nutrient 1932 reductions prior to the commencement of each phase of land-disturbinq 1933 activitv in an amount sufficient for each phase. 1934 1935 2. In contravention of local water qualitv-based limitations at the point of 1936 discharqe that are (i) consistent with the determinations made pursuant to 1937 subsection B of $ 62.1-44.19:7 of the Code of Virqinia, (ii) contained in a 1938 municipal separate storm sewer system (MS4) proqram plan accepted by 1939 DEQ or (iii) as otherwise mav be established or approved bv the board. 1940 1941 D. In order to meet the requirements of Section 1-13 described in subdivisions 1 1942 and 2 of subsection A of this section mav be utilized. 1943 1944 E. In accordance with $ 62.1-44.15:35F of the Code of Virqinia, nutrient credits used 1945 pursuant to subsection A shall be qenerated in the same or adiacent eiqht-diqit 1946 hydrologic unit code as defined by the United States Geoloqical Survey as the permitted 1947 site except as otherwise limited in subsection C. Nutrient credits outside the same or 1948 adiacent eiqht-diqit hydroloqic unit code mav only be used if it is determined bv the 1949 Director that no credits are available within the same or adiacent eiqht-diqit hydroloqic 1950 unit code when the Director accepts the final site desiqn. In such cases, and subiect to 1951 other limitations imposed in this section, credits available within the same tributarv may 1952 be used. In no case shall credits from another tributary be used. 1953 1954 COMMENT 1955 1956 Off-site options are available if less than 5 acres will be disturbed, the phosphorus control 1957 amount is less than 10 pounds per year and at least 75% of the reduction is obtained on site. Only 1958 the quantity requirement can be met off-site. Nutrient credits are an acceptable off-site option, but 1959 must be located in the same or adjacent geographic HUC code 1960 1961 Sec. 1-15. Desian storms and hvdroloqic methods. 1962 1963 A. Unless otherwise specified, the prescribed desiqn storms are the one-vear, two- 1964 year, and 10-year 24-hour storms usinq the site-specific rainfall precipitation frequencv 1965 data recommended bv the U.S. National Oceanic and Atmospheric Administration 1966 (NOAA) Atlas 14. Partial duration time series shall be used for the precipitation data. 1967 43 1968 B. Unless otherwise specified all hydroloqic analvses shall be based on the existinq 1969 watershed characteristics and how the ultimate development condition of the subiect 1970 project will be addressed. 1971 1972 C. The U.S. Department of Agriculture's Natural Resources Conservation Service 1973 (NRCS) synthetic 24-hour rainfall distribution and models, includinq, but not limited to 1974 TR-55 and TR-20; hydroloqic and hvdraulic methods developed bv the U.S. Armv Corps 1975 of Enqineers; or other standard hydroloqic and hydraulic methods, shall be used to 1976 conduct the analyses described in this part. 1977 1978 D. For drainaqe areas of 200 acres or less, the City mav allow for the use of the 1979 Rational Method for evaluatinq peak discharqes. 1980 1981 E. For drainaqe areas of 200 acres or less, the citv mav allow for the use of the 1982 Modified Rational Method for evaluatinq volumetric flows to stormwater convevances. 1983 1984 COMMENT 1985 1986 This section establishes that the 1 year, 2 year and 10 year 24 hour storm events are the 1987 designed storms for calculations. 1988 1989 Sec. 1-16. Stormwater harvesting. 1990 1991 In accordance with ? 62.1-44.15:28 of the Code of Virqinia, stormwater 1992 harvestinq is encouraqed for the purposes of landscape irrigation svstems, fire 1993 protection svstems, flushinq water closets and urinals, and other water handlinq 1994 systems to the extent such systems are consistent with federal, state and City 1995 requlations. 1996 1997 COMMENT 1998 1999 The capture or harvesting of stormwater is encouraged by this section. 2000 2001 Sec. 1-17. Linear development projects. 2002 2003 Linear development proiects shall control postdevelopment stormwater runoff in 2004 accordance with a site-specific stormwater manaqement plan or a comprehensive 2005 watershed stormwater management plan developed in accordance with these technical 2006 criteria. 2007 2008 COMMENT 2009 2010 Linear development projects (roads, sidewalks, etc.) shall also control stormwater by an 2011 appropriate method. 2012 2013 Sec. 1-18. Stormwater manaaement impoundment structures or facilities. 2014 44 2015 Stormwater management wet ponds and extended detention ponds that are not 2016 covered bv the Impoundinq Structure Requlations (4VAC50-20) shall at a minimum, be 2017 enqineered for structural inteqrity for the 100-vear storm event. 2018 2019 COMMENT 2020 2021 Wet ponds and detention ponds must be engineered to withstand the 100-year storm event. 2022 2023 2024 2025 2026 Sec. 1-19. Comprehensive stormwater management plans. 2027 2028 The City mav develop comprehensive stormwater management plans to be 2029 approved bv DEQ that meet the water quality obiectives, quantity obiectives, or both of 2030 this chapter: 2031 2032 1. Such plans shall ensure that offsite reductions equal to or qreater than those 2033 that would be required on each contributinq site are achieved within the same 2034 HUC or within another locally desiqnated watershed. Pertaininq to water 2035 quantitv obiectives the plan mav provide for implementation of a combination 2036 of channel improvement stormwater detention, or other measures that are 2037 satisfactorv to the locality's VSMP authority to prevent downstream erosion 2038 and floodinq. 2039 2040 2. If the land use assumptions upon which the plan was based chanqe or if any 2041 other amendments are deemed necessary by the localitv's VSMP authority, 2042 such authority shall provide plan amendments to the department for review 2043 and approval. 2044 2045 3. Durinq the plan's implementation, the locality's VSMP authoritv shall 2046 document nutrient reductions accredited to the BMPs specified in the plan. 2047 2048 4. State and federal aqencies may develop comprehensive stormwater 2049 management plans and may participate in locality-developed comprehensive 2050 stormwater management plans where practicable and permitted bv the 2051 locality's VSMP authority. 2052 2053 COMMENT 2054 2055 This section allows for the development of comprehensive stormwater management plans 2056 for the City for quality or quantity. The general plan must achieve at least the reduction that 2057 would be achieved from each individual site, and such reduction must be documented. 2058 2059 Sec. 1-20. Grandfather provisions. 2060 2061 A. Anv land-disturbinq activitv shall be considered qrandfathered by the 2062 Administrator and shall not be subiect to the technical criteria of Sections 1-10 throuqh 45 2063 1-19 of this Ordinance but shall be subiect to the technical criteria of Sections 1-22 2064 throuqh 1-27 of this Ordinance provided: 2065 2066 1 A proffered or conditional zoninq plan, zoninq with a plan of development, 2067 preliminary or final subdivision plat or a preliminarv or final site plan or any 2068 document determined by the Citv to be equivalent thereto was (i) approved bv 2069 the City prior to July 1 2012 (ii) provided a layout as defined in 9VAC25-870- 2070 10 (iii) will complv with Sections 1-22 throuqh 1-27 of this Ordinance, and (iv) 2071 has not been subsequently modified or amended in a manner resultinq in an 2072 increase in the amount of phosphorus leavinq each point of discharqe, and 2073 such that there is no increase in the volume or rate of runoff; and 2074 2075 2. A state permit has not been issued prior to July 1, 2014; and 2076 2077 3. Land disturbance did not commence prior to July 1, 2014. 2078 2079 B. Local state and federal proiects shall be considered qrandfathered and shall be 2080 subiect to the technical criteria of Sections 1-22 throuqh 1-27 of this Ordinance 2081 provided: 2082 2083 1. There has been an obliqation of local, state or federal fundinq, in whole or in 2084 part prior to July 1 2012 or the department has approved a stormwater 2085 management plan prior to July 1, 2012; and 2086 2087 2. A state permit has not been issued prior to Julv 1, 2014; and 2088 2089 3. Land disturbance did not commence prior to July 1, 2014. 2090 2091 C. Land-disturbinq activities qrandfathered under this Subsection shall remain 2092 subiect to the criteria of Section 1-22 throuqh 1-27 for one additional state permit cvcle. 2093 After such time portions of the proiect not under construction shall become subiect to 2094 the technical requirements of Sections 1-10 throuqh 1-19 and any new technical criteria 2095 adopted bv the board. 2096 2097 D. In cases where qovernmental bondinq or public debt financinq has been issued 2098 for a proiect prior to Julv 1 2012, such proiect shall become subiect to the technical 2099 requirements of Sections 1-22 throuqh 1-27 of this Ordinance. 2100 2101 E. Land-disturbinq activities that obtain an initial state permit or commence land 2102 disturbance prior to July 1 2014 shall be conducted in accordance with the technical 2103 criteria found in Sections 1-22 throuqh 1-27 of this Ordinance. Such proiects shall 2104 remain subiect to these technical criteria for two additional state permit cvcles. After 2105 such time, portions of the proiect not under construction shall become subiect to any 2106 new technical criteria adopted bv the board. 2107 2108 F. Land-disturbinq activities that obtain an initial state permit on or after Julv 1, 2014 2109 shall be conducted in accordance with the technical criteria found in Sections 1-10 2110 throuqh 1-19 of this Ordinance, except as provided for above. Such proiects shall 46 2111 remain subiect to these technical criteria for two additional state permit cvcles. After 2112 such time portions of the proiect not under construction shall become subiect to any 2113 new technical criteria adopted by the board. 2114 2115 COMMENT 2116 2117 Projects that had a conditional rezoning or preliminary or final subdivision or site plans 2118 approved prior to 7/1/2012, who have not gotten a General Construction Permit prior to 7/1/2014 2119 and not started land disturbance and who meet the criteria of sections 1-22 through 1-27 (old 2120 criteria) do not have to go back and redo their plans to meet the new criteria of sections 1-10 2121 through 1-19 (new criteria). City projects that have an obligation of funding prior to July 1, 2012 2122 or who have an approved stormwater plan by the same date can use the old criteria. All projects 2123 that have a state permit by 7/1/14 can use the old criteria for 2 additional permit cycles. 2124 2125 Sec.1-21. Variances. 2126 2127 A. The Administrator may qrant variances to the technical requirements of Sections 2128 1-10 throuqh 1-19 and 1-22 throuqh 1-27 , provided that: 2129 2130 1. the variance is the minimum necessary to afford relief; 2131 2. reasonable and appropriate conditions are imposed so that the intent of the 2132 Act the Requlations, and this Ordinance are preserved; 2133 3. qrantinq the variance will not confer any special privileaes that are denied in 2134 other similar circumstances; 2135 4. variance requests are not based upon conditions or circumstances that are 2136 self-imposed or self-created; 2137 5. the variance will not substantially increase the flow rate of stormwater runoff; 2138 6. the variance will not have an adverse impact on a wetland, channel, water 2139 bodv or upstream or downstream of a receivinq bodv of water; 2140 7. the variance will not contribute to the deqradation of water qualitv; and 2141 8. will not be of substantial detriment to adiacent propertv or adversely affect the 2142 character of adioininq neiqhborhoods. 2143 9. Economic hardship alone is not sufficient reason to qrant a variance from the 2144 requirements of this Ordinance. 2145 10 . No variance to the requirement that the land-disturbinq activity obtain required 2146 VSMP authoritv permit shall be qiven by the Administrator, nor shall the 2147 Administrator approve the use of a BMP not found on the Virqinia Stormwater 2148 BMP Clearinqhouse Website or any other control measure not duly approved 2149 bv the Department of Environmental Quality. 2150 11. No variance to requirements for phosphorus reductions shall be allowed 2151 unless offsite options otherwise permitted pursuant to 9VAC25-870-69 have 2152 been considered and found not available. 2153 47 2154 B. The Administrator mav qrant variances to the Citv requirements of this 2155 Ordinance, provided that: 2156 1. The variance does not involve any requirements imposed under the State 2157 Code or Requlations; and 2158 2. Reasonable and appropriate conditions may be imposed so that the intent of 2159 the Act, the Requlations and this Ordinance are preserved. 2160 2161 C. Nothinq in this Section shall preclude an operator from constructinq to a more 2162 strinqent standard at their discretion. 2163 2164 COMMENT 2165 2166 Variances may be granted by the Administrator to the technical criteria if they meet the 11 2167 requirements. There cannot by a variance to the requirement to get a permit or to a BMP not on 2168 the BMP Clearinghouse Website. Variances to City requirements, which are not State 2169 requirements, may also be granted. 2170 2171 Sec.1-22. Applicability. 2172 2173 The followinq sections 1-22 throuqh 1-27 specify the technical criteria for 2174 reaulated land-disturbinq activities that arenot subject to the technical criteria of 2175 sections 1-10 throuqh 1-19. 2176 2177 COMMENT 2178 2179 The old technical criterion that is currently in use is found in Sections 1-22 through 1-27. 2180 Grandfathered projects under section 1-20 may use these criteria. 2181 2182 Sec.1-23. General. 2183 2184 A. Determination of floodinq and channel erosion impacts to receivinq streams due 2185 to land-disturbinq activities shall be measured at each point of discharqe from the land 2186 disturbance and such determination shall include any runoff from the balance of the 2187 watershed that also contributes to that point of discharqe. 2188 2189 B. The specified desiqn storms shall be defined as either a 24-hour storm usinq the 2190 rainfall distribution recommended by the U.S. Department of Agriculture's Natural 2191 Resources Conservation Service (NRCS) when usinq NRCS methods or as the storm of 2192 critical duration that produces the qreatest required storaqe volume at the site when 2193 usinq a desiqn method such as the Modified Rational Method. 2194 2195 C. For purposes of computinq runoff, all pervious lands in the site shall be assumed 2196 prior to development to be in qood condition (if the lands are pastures, lawns, or parks), 2197 with qood cover (if the lands are woods), or with conservation treatment (if the lands are 2198 cultivated); reqardless of conditions existinq at the time of computation. 2199 48 2200 D. Construction of stormwater manaqement facilities or modifications to channels 2201 shall complv with all applicable laws, requlations, and ordinances. Evidence of approval 2202 of all necessarv permits shall be presented. 2203 2204 E. Impoundinq structures that are not covered bv the Impoundinq Structure 2205 Requlations (4VAC50-20) shall be enqineered for structural inteqrity durina the 100-vear 2206 storm event. 2207 2208 F. Predevelopment and postdevelopment runoff rates shall be verified bv 2209 calculations that are consistent with qood enqineerinq practices. 2210 2211 G. Outflows from a stormwater manaqement facility or stormwater convevance 2212 svstem shall be discharqed to an adequate channel. 2213 2214 H. Proposed residential, commercial or industrial subdivisions shall apply these 2215 stormwater manaqement criteria to the land disturbance as a whole. Individual lots in 2216 new subdivisions shall not be considered separate land-disturbina activities, but rather 2217 the entire subdivision shall be considered a sinqle land development proiect. 2218 Hvdroloqic parameters shall reflect the ultimate land disturbance shall be used in all 2219 enqineering calculations. 2220 2221 I. All stormwater manaqement facilities shall have an inspection and maintenance 2222 plan that identifies the owner and the responsible partv for carryina out the inspection 2223 and maintenance plan. 2224 2225 J. Construction of stormwater manaqement impoundment structures within a 2226 Federal Emerqency Manaqement Aqency (FEMA) desianated 100-year floodplain shall 2227 be avoided to the extent possible. When this is unavoidable, all stormwater 2228 manaqement facilitv construction shall be in compliance with all applicable requlations 2229 under the National Flood Insurance Proqram, 44CFR Part 59. 2230 2231 K. Natural channel characteristics shall be preserved to the maximum extent 2232 practicable. 2233 2234 L. Land-disturbinq activities shall complv with the Virainia Erosion and Sediment 2235 Control Law and attendant requlations. 2236 2237 M. Flood control and stormwater manaqement facilities that drain or treat water from 2238 multiple development proiects or from a siqnificant portion of a watershed may be 2239 allowed in resource protection areas defined in the Chesapeake Bav Preservation Act 2240 provided such facilities are allowed and constructed in accordance with the Stormwater 2241 Manaqement Act and this chapter, and provided that (i) the local qovernment has 2242 conclusivelv established that the location of the facility within the resource protection 2243 area is the optimum location; (ii) the size of the facilitv is the minimum necessarv to 2244 provide necessarv flood control, stormwater treatment, or both; (iii) the facilitv must be 2245 consistent with a comprehensive stormwater manaqement plan developed and 2246 approved in accordance with Section 1-19 or with a VSMP that has been approved prior 2247 to Julv 1, 2012, bv the board, the Chesapeake Bav Local Assistance Board prior to its 49 2248 abolishment on Julv 1 2012 or the Board of Conservation and Recreation; (iv) all 2249 applicable permits for construction in state or federal waters must be obtained from the 2250 approqriate state and federal aqencies such as the U.S. Army Corps of Enqineers the 2251 Virqinia Department of Environmental Quality, and the Virqinia Marine Resources 2252 Commission; (v) approval must be received from the local qovernment prior to 2253 construction• and (vi) routine maintenance is allowed to be perFormed on such facilities 2254 to assure that they continue to function as desiqned. It is not the intent of this 2255 subdivision to allow a best manaqement practice that collects and treats runoff from 2256 onlv an individual lot or some portion of the lot to be located within a resource protection 2257 area. 2258 2259 COMMENT 2260 2261 This section includes the general requirements that are relevant to the old technical criteria 2262 that will be used for those projects that are grandfathered. These requirements include compliance 2263 with Erosion and Sediment control, the location and requirements of stormwater facilities, 2264 compliance with good engineering practices, and the allowance of stormwater facilities in the 2265 Resource Protection Area. 2266 2267 Sec. 1-24. Water quality. 2268 2269 A. Compliance with the water criteria mav be achieved by applyinq the 2270 perFormance-based criteria or the technoloav-based criteria to either the site or a 2271 planninq area. 2272 2273 B. Performance-based criteria. For land-disturbinq activities, the calculated 2274 postdevelopment nonpoint source pollutant runoff load shall be compared to the 2275 calculated predevelopment load based upon the averaqe land cover condition or the 2276 existinq site condition. A BMP shall be located, desiqned, and maintained to achieve the 2277 tarqet pollutant removal efficiencies specified in Table 1 of this section to effectivelv 2278 reduce the pollutant load to the required level based upon the followina four applicable 2279 land development situations for which the performance criteria applv: 2280 2281 1. Situation 1 consists of land-disturbina activities where the existinq percent 2282 impervious cover is less than or equal to the averaqe land cover condition 2283 and the proposed improvements will create a total percent impervious cover 2284 that is less than the averaqe land cover condition. 2285 Requirement: No reduction in the after disturbance pollutant discharqe is 2286 required. 2287 2288 2. Situation 2 consists of land-disturbinq activities where the existinq percent 2289 impervious cover is less than or equal to the averaqe land cover condition 2290 and the proposed improvements will create a total qercent impervious cover 2291 that is qreater than the averaqe land cover condition. 2292 Requirement: The pollutant discharqe after disturbance shall not exceed the 2293 existinq pollutant discharqe based on the averaqe land cover condition. 2294 50 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 2322 2323 3. Situation 3 consists of land-disturbinq activities where the existinq percent impervious cover is qreater than the averaqe land cover condition. Reauirement: The pollutant discharqe after disturbance shall not exceed (i) the pollutant discharqe based on existinq conditions less 10% or (ii) the pollutant discharqe based on the averaqe land cover condition, whichever is req ater. 4. Situation 4 consists of land-disturbinq activities where the existinq percent impervious cover is served by an existinq stormwater manaqement BMP that addresses water qualitLr. Requirement: The pollutant discharae after disturbance shall not exceed the existinq pollutant discharqe based on the existinq percent impervious cover while served bv the existinq BMP. The existinq BMP shall be shown to have been desiqned and constructed in accordance with proper desiqn standards and specifications, and to be in proper functioninq condition. C. Technoloqy-based criteria. For land-disturbinq activities, the postdeveloped stormwater runoff from the impervious cover shall be treated bv an appropriate BMP as required by the postdeveloped condition percent impervious cover as specified in Table 1 of this section. The selected BMP shall be located, desiqned, and maintained to perform at the tarqet pollutant removal efficiencv specified in Table 1 or those found in Section 1-12. Desiqn standards and specifications for the BMPs in Table 1 that meet the required tarqet pollutant removal efficiencv are available in the 1999 Virqinia Stormwater Manaqement Handbook. Other aqproved BMPs available on the Virqinia Stormwater BMP Clearinqhouse Website mav also be utilized. Table 1 * Water Quality BMP Tarqet Phosphorus Percent Impervious Removal Efficiency Cover Veqetated filter strip 10% 16-21 % Grassed Swale 15% Constructed wetlands 20% 22-37% Extended detention (2 x WQ Vol) 35% Retention basin I(3 x WQ Vol) 40 % Bioretention basin 50% 38-66% Bioretention filter 50% Extended detention-enhanced 50% Retention basin II (4 x WQ Vol) 50% 51 Infiltration 0 x WQ Vol) 50% Sand filter Infiltration (2 x WQ Vol) Retention basin III (4 x WQ Vol 65% 65% 65% 67-100% with aquatic bench) *Innovative or alternate BMPs not included in this table may be allowed at the discretion of local proaram administrator or the department. Innovative or alternate BMPs not included in this table that tarqet appropriate nonpoint source pollution other than phosphorous mav be allowed at the discretion of the local proqram administrator or the department. 2324 2325 2326 2327 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2353 2354 2355 2356 2357 COMMENT This section includes the technical criteria for water quality that must be used for all projects that are grandfathered under Section 1-20. Sec. 1-25. Stream channel erosion. A. Proqerties and receivina waterwavs downstream of anv land-disturbinq activit shall be protected from erosion and damaqe due to chanqes in runoff rate of flow and hvdroloqic characteristics, includinq, but not limited to, chanqes in volume, velocitv, frequencv, duration, and peak flow rate of stormwater runoff in accordance with the minimum desiqn standards set out in this section. B. The VSMP authority shall require compliance with subdivision 19 of 9VAC25- 840-40 of the Erosion and Sediment Control Requlations, promulgated pursuant to the Erasion and Sediment Control Law. C. The VSMP authoritv mav determine that some watersheds or receivina stream systems require enhanced criteria in order to address the increased frequency of bankfull flow conditions (top of bank) brouqht on by land-disturbinq activities or where more stringent requirements are necessary to address total maximum daily load requirements or to protect exceptional waters. Therefore, in lieu of the reduction of the two-year postdeveloped peak rate of runoff as required in subsection B of this section, the land development project beinq considered shall provide 24-hour extended detention of the runoff qenerated by the one-year, 24-hour duration storm. D. In addition to subsection B and C of this section, the VSMP authoritv bv local ordinance mav in accordance with § 62.1-44.15:33 of the Code of Virqinia, or the board by state requlation may, adopt more stringent channel analysis criteria or desiqn standards to ensure that the natural level of channel erosion to the maximum extent practicable, will not increase due to the land-disturbina activities. These criteria mav include but are not limited to the followin 52 2358 1. Criteria and procedures for channel analysis and classification. 2359 2360 2. Procedures for channel data collection. 2361 2362 3. Criteria and procedures for the determination of the maqnitude and frequency 2363 of natural sediment transport loads. 2364 2365 4. Criteria for the selection of proposed natural or manmade channel lininqs. 2366 2367 2368 2369 2370 COMMENT 2371 2372 This section includes the technical criteria for water quantity that must be used for all 2373 projects that are grandfathered under Section 1-20. 2374 2375 Sec.1-26. Floodinq. 2376 2377 A. Downstream properties and waterways shall be protected from damaqes from 2378 localized floodina due to changes in runoff rate of flow and hydroloqic characteristics, 2379 includinq, but not limited to, chanqes in volume, velocity, frequencv, duration, and peak 2380 flow rate of stormwater runoff in accordance with the minimum desiqn standards set out 2381 in this section. 2382 2383 B. The 10-vear postdeveloped peak rate of runoff from the development site shall 2384 not exceed the 10-year predeveloped peak rate of runoff. 2385 2386 C. In lieu of subsection B of this section, the Citv mav, by ordinance in accordance 2387 with § 62.1-44.15:33 of the Code of Virginia, adopt alternate design criteria based upon 2388 qeoqraphic, land use, topoqraphic, qeoloqic factors, or other downstream convevance 2389 factors as appropriate. 2390 2391 D. Linear development proiects shall not be required to control postdeveloped 2392 stormwater runoff for floodinq, except in accordance with a watershed or reqional 2393 stormwater manaqement plan. 2394 2395 COMMENT 2396 2397 This section also includes the technical criteria for water quantity that must be used for all 2398 projects that are grandfathered under Section 1-20. 2399 2400 Sec. 1-27. Reqional (watershed-wide) stormwater manactement plans. 2401 2402 Water qualitv requirements and where allowed, water quantity requirements, may 2403 be achieved in accordance with section 1-14 and 1-19. 2404 2405 COMMENT 2406 53 2407 Water quality and some water quantity requirements can be met by the use of off-site 2408 facilities or comprehensive watershed plans. 2409 2410 Sec. 1-28. Lona-term maintenance of permanent stormwater facilities. 2411 2412 A. The Administrator shall require the provision of lonq-term responsibility for and 2413 maintenance of stormwater manaqement facilities and other techniques specified to 2414 manaqe the quality and quantity of runoff. Such reauirements shall be set forth in a 2415 Stormwater Manaqement Facilities Maintenance Aqreement recorded in the local land 2416 records of the Virqinia Beach Circuit Court, prior to issuance of a VSMP permit and 2417 shall: 2418 2419 1. Be submitted to the Administrator for review, ap proval and recordation prior to 2420 the issuance of the VSMP permit; 2421 2422 2. Be stated to run with the land; 2423 2424 3. Provide far all necessary access to the propertv for purposes of maintenance 2425 and requlatorv inspections; 2426 2427 4. Provide for inspections and maintenance and the submission of inspection 2428 and maintenance reports to the Administrator; 2429 2430 5. Be enforceable by all appropriate qovernmental parties; and 2431 2432 6. Be approved for leaal sufficiencv bv the Citv Attornev. 2433 2434 B. At the discretion of the Administrator, such recorded instruments need not be 2435 required for stormwater manaqement facilities desianed to treat stormwater runoff 2436 primarily from an individual residential lot on which they are located, provided it is 2437 demonstrated to the satisfaction of the Administrator that future maintenance of such 2438 facilities will be addressed throuqh an enforceable mechanism. 2439 2440 C. If a recorded instrument is not required pursuant to the subsection above, the 2441 Administrator shall develop a strateqy for addressinq maintenance of stormwater 2442 management facilities desiqned to treat stormwater runoff primarily from an individual 2443 residential lot on which thev are located. Such a strateqy mav include periodic 2444 homeowner inspections, homeowner outreach and education, or other method tarqeted 2445 at promotinq the lonq-term maintenance of such facilities. Such facilities shall not be 2446 subiect to the requirement for an inspection to be conducted bv the Administrator. 2447 2448 COMMENT 2449 2450 Stormwater facilities must be maintained. A stormwater management facilities 2451 maintenance agreement must be signed and recorded in Circuit Court. Individual residential lots 2452 are not required to have these agreements, but their facilities must still be maintained. 2453 2454 Sec. 1-29. Monitorinq and inspections. 54 2455 2456 A. The Administrator shall inspect the land-disturbinq activitv durinq construction for: 2457 2458 1. Compliance with the approved erosion and sediment control plan; 2459 2460 2. Compliance with the approved stormwater manaqement plan; 2461 2462 3. Development updating and implementation of a pollution prevention plan; 2463 and 2464 2465 4. Development and implementation of any additional control measures 2466 necessary to address a TMDL. 2467 2468 B. The Administrator may, at reasonable times and under reasonable 2469 circumstances enter any establishment or upon any property, public or private, for the 2470 purpose of obtaininq information or conductinq survevs or investiqations necessary in 2471 the enforcement of the provisions of this Ordinance. 2472 2473 C. In accordance with a performance bond with suretv, cash escrow, letter of credit, 2474 anv combination thereof, or such other leqal arranqement or instrument, the 2475 Administrator may also enter anv establishment or upon any property, public or private, 2476 for the purpose of initiatinq or maintaininq appropriate actions which are required by the 2477 permit conditions associated with a land-disturbinq activity when a permittee, after 2478 proper notice, has failed to take acceptable action within the time specified. 2479 2480 D. Pursuant to § 62.1-44.15:40 of the Code of Virqinia, the Administrator mav 2481 require every VSMP authority permit applicant or permittee, or any such person subiect 2482 to VSMP authority permit requirements under this Ordinance, to furnish when requested 2483 such application materials, plans, specifications, and other pertinent information as may 2484 be necessary to determine the effect of his discharqe on the qualitv of state waters, or 2485 such other information as mav be necessary to accomplish the purposes of this 2486 Ordinance. 2487 2488 E. Post-construction inspections of stormwater manaqement facilities required by 2489 the provisions of this Ordinance shall be conducted by the Administrator pursuant to the 2490 City's adopted and State Board approved inspection proqram, and shall occur, at 2491 minimum, at least once every five (5) vears. 2492 2493 COMMENT 2494 2495 The City must perform inspecdons for erosion and sediment control, compliance with the 2496 stormwater permit, and implementation of the pollution prevention plan. Inspectors have a right 2497 to enter such property at reasonable times. Permittees must provide any documentation required. 2498 All facilities must be inspected once every 5 years. 2499 2500 Sec.1-30. Hearinqs. 2501 55 2502 A. Any permit applicant or permittee, or person subiect to Ordinance requirements, 2503 aqqrieved bv any action of the Citv taken in reqard to the Ordinance without a formal 2504 hearinq mav demand in writinq a formal hearinq by the Stormwater Appeals Board, 2505 who is desiqnated bv the Citv Council as its appeals bodv, provided a petition 2506 requestinq such hearinq is filed with the Administrator within 30 davs after notice of 2507 such action is qiven bv the Administrator. 2508 2509 B. The hearinqs held under this Section shall be conducted bv the Stormwater 2510 Appeals at any time and place authorized bv the Stormwater Appeals Board. 2511 2512 C. A verbatim record of the proceedinqs of such hearinas shall be taken and filed 2513 with the Stormwater Appeals Board. Depositions mav be taken and read as in actions 2514 at law. 2515 2516 D. The Stormwater Appeals Board, shall have power to issue subpoenas and 2517 subpoenas duces tecum, and at the request of any partv shall issue such subpoenas. 2518 The failure of a witness without leqal excuse to appear or to testifv or to produce 2519 documents shall be acted upon by the Stormwater Appeals Board, whose action mav 2520 include the procurement of an order of enforcement from the circuit court. Witnesses 2521 who are subpoenaed shall receive the same fees and reimbursement for mileaqe as in 2522 civil actions. 2523 2524 COMMENT 2525 2526 This section creates the Stormwater Appeals Board, composed of city manager appointed 2527 representatives from Public Works, Public Utilities and Planning. A representative from the city 2528 attorney will serve as legal counsel to the Board. 2529 2530 Sec.1-31. Appeals. 2531 2532 Within thirtv davs of the decision of the Stormwater Appeals Board a decision 2533 entered pursuant to Section 1-30 mav be appealed to the Circuit Court of the City of 2534 Virqinia Beach. The petition for appeal shall be filed in writinq within thirty (30) davs of 2535 the date of the decision, determination or action, shall state clearly the qrounds on 2536 which the appeal is based. 2537 2538 COMMENT 2539 2540 A decision of the Stormwater Appeals Board must be appealed within 30 days to the Circuit 2541 Court. 2542 2543 Sec.1-32. Enforcement. 2544 2545 A. If the Administrator determines that there is a failure to comply with the VSMP 2546 authoritv permit conditions or determines there is an unauthorized discharqe, notice 2547 shall be served upon the permittee or person responsible for carrvinq out the permit 2548 conditions bv any of the followinq: verbal warninqs and inspection reports, notices of 2549 corrective action, consent special orders, and notices to comply. Written notices shall 56 2550 be served bv reaistered or certified mail to the address specifiedin the permit 2551 application or by delivery at the site of the development activities to the aqent or 2552 emplovee supervisinq such activities. 2553 2554 1. The notice shall specify the measures needed to complv with the permit 2555 conditions and shall specify the time within which such measures shall be 2556 completed. Upon failure to comply within the time specified, a stop work order 2557 mav be issued in accordance with subsection B. or the permit mav be 2558 revoked bv the Administrator. 2559 2560 2. If a permittee fails to comply with a notice issued in accordance with this 2561 section within the time specified, the Administrator may issue an order 2562 requirinq the owner, permittee, person responsible for carrvinq out an 2563 approved plan, or the person conductinq the land-disturbinq activities without 2564 an approved plan or required permit to cease all land-disturbinq activities until 2565 the violation of the permit has ceased, or an approved plan and required 2566 permits are obtained, and specified corrective measures have been 2567 completed. 2568 2569 Such orders shall become effective upon service on the person by 2570 certified mail, return receipt requested, sent to his address specified in the 2571 land records of the localitv, or by personal deliverv by an agent of the 2572 Administrator. However, if the Administrator finds that any such violation is 2573 qrossly affectinq or presents an imminent and substantial danqer of causinq 2574 harmful erosion of lands or sediment deposition in waters within the 2575 watersheds of the Commonwealth or otherwise substantially impactina water 2576 quality, it may issue, without advance notice or hearinq, an emerqencv order 2577 directina such person to cease immediately all land-disturbinq activities on the 2578 site and shall provide an opportunity for a hearinq, after reasonable notice as 2579 to the time and place thereof, to such person, to affirm, modify, amend, or 2580 cancel such emerqency order. If a person who has been issued an order is 2581 not complyinq with the terms thereof, the Administrator may institute a 2582 proceedina for an iniunction, mandamus, or other appropriate remedy in 2583 accordance with this section. 2584 2585 B. In addition to anv other remedv provided bv this Ordinance, if the Administrator 2586 or his desiqnee determines that there is a failure to comply with the provisions of this 2587 Ordinance, they may initiate such informal or formal administrative enforcement 2588 procedures in a manner that is consistent with the provisions of this Ordinance, State 2589 law and requlations. 2590 2591 C. Anv person violatinq or failinq, neglecting, or refusinq to obey any rule, 2592 requlation, ordinance, order, approved standard or specification, or any permit condition 2593 issued bv the Administrator mav be compelled in a qroceedinq instituted in the Circuit 2594 Court of the Citv of Virainia Beach bv the Citv to obev same and to complv therewith bv 2595 injunction, mandamus or other appropriate remed 2596 57 2597 D. Any qerson who violates any provision of this Ordinance or who fails, neqlects, or 2598 refuses to comply with any order of the Administrator, shall be subiect to a civil penalty, 2599 ordered bv the Circuit Courtnot to exceed $32,500 for each violation within the 2600 discretion of the court. Each dav of violation of each requirement shall constitute a 2601 separate offense. 2602 2603 1. Violations for which a penaltv mav be imposed under this Subsection shall 2604 include but not be limited to the followinq: 2605 i. No state permit reqistration; 2606 ii. No SWPPP; 2607 iii. Incomplete SWPPP; 2608 iv. SWPPP not available for review; 2609 v. No approved erosion and sediment control plan; 2610 vi. Failure to install stormwater BMPs or erosion and sediment controls; 2611 vii. Stormwater BMPs or erosion and sediment controls improperly 2612 installed or maintained; 2613 viii. Operational deficiencies; 2614 ix. Failure to conduct required inspections; 2615 X. Incomplete, improper, or missed inspections; and 2616 xi. Discharqes not in compliance with the requirements of Section 9VAC 2617 25-870-1170 of the qeneral permit. 2618 2619 2. The Administrator mav institute proceedinqs for collection of the civil penaltY 2620 and the action may be prosecuted in the appropriate court. 2621 2622 3. In imposinq a civil penalty pursuant to this Subsection, the court mav consider 2623 the deqree of harm caused bv the violation and also the economic benefit to 2624 the violator from noncompliance. 2625 2626 4. Any civil penalties assessed by a court as a result of a summons issued bv 2627 the City shall be paid into a seqreqated account into the treasury of the City of 2628 Virginia Beach to be used for the purpose of minimizina, preventinq, 2629 manaqinq, or mitiqatinq pollution of the waters of the locality and abatinq 2630 environmental pollution therein. 2631 2632 5. Notwithstandinq any other civil or equitable remedy provided bv this Section 2633 or bv law, anv person who willfullv or neqliqentlv violates anv provision of this 2634 Ordinance, any order of the Administrator, any condition of a permit, or any 2635 order of a court shall, be guiltv of a misdemeanor punishable by confinement 2636 in iail for not more than 12 months or a fine of not less than $2,500 or both. 2637 2638 COMMENT 2639 2640 This section includes the enforcement provisions available to the City for those in violation 2641 of this Ordinance. Notice of the violation must be provided to the permittee. Such provisions 2642 include stop work orders, injunctions and civil penalties in certain situations. 2643 2644 58 2645 2646 2647 2648 2649 2650 2651 2652 2653 2654 2655 Sec. 1-33. Fees. A. Fees to cover costs associated with implementation of a VSMP related to land disturbinq activities and issuance of qeneral permit coveraqe and VSMP authoritv permits shall be imposed in accordance with the fees in Table 1. When a site or sites has been purchased for development within a previouslv permitted common plan of development or sale the Applicant shall be subiect to fees in accordance with the disturbed acreaqe of their site or sites accordinq to Table 1. Table 1: Fees for stormwater plan review Fee tvpe Citv Stormwater Plan Review Fee ee aid irectl to the ommonwealth Chesapeake Bav Preservation Act Land- Disturbinq Activity (not subiect to General Sinqle family: $205 Permit coveraae; sites within designated areas of Chesapeake Bav Act localities with land- Duplex: $205 0 disturbance acreaqe equal to or qreater than All others: $600 2,500 square feet and less than 1 acre) General / Stormwater Manaqement - Small Construction Activitv/Land Clearinq (Areas Sinqle family: $205 81 within common plans of development or sale Duplex: $205 in le famil : 0 with land disturbance acreaqe less than 1 All others: $600 acre. General / Stormwater Manaqement - Small Sinqle family: $205 756 Construction Activity/Land Clearinq (Sites with Duplex: $205 in le famil : 0 land disturbance acreaqe equal to or qreater than 1 acre and less than 5 Acres) All others: $1944 General / Stormwater Manaqement - Larqe Construction Activity/Land Clearinq (Sites with 952 land disturbance acreaqe equal to or qreater 2 44$ than 5 acres and less than 10 acres) General / Stormwater Manaqement - Large Construction Activitv/Land Clearing (Sites with 1 260 land disturbance acreaqe equal to or areater 3 240 than 10 acres and less than 50 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (with land 1 708 disturbance acreaqe equal to or qreater than 4 392 50 acres and less than 100 acres) General / Stormwater Manaqement - Larqe Construction Activity/Land Clearinq (with land 2 688 disturbance acreaqe equal to or qreater than 6 912 100 acres 59 2656 * If the proiect is completely administered bv the Department such as mav be the 2657 case for a state or federal proiect or proiects covered bv individual permits, the 2658 entire applicant fee shall be paid to the Commonwealth. 2659 2660 COMMENT 2661 2662 Fees are based on the area of actual land disturbance and the chart includes the 28% of the 2663 fee that must be sent to the Commonwealth. 2664 2665 B. Fees for the modification or transfer of reqistration statements from the qeneral 2666 permit issued bv the State Board shall be imposed in accordance with Table 2. If the 2667 aeneral permit modifications result in chanqes to stormwater manaqement plans that 2668 require additional review by the Citv of Virqinia Beach, such reviews shall be subiect to 2669 the fees set out in Table 2. The fee assessed shall be based on the total disturbed 2670 acreaqe of the site. In addition to the qeneral permit modification fee, modifications 2671 resultinq in an increase in total disturbed acreaqe shall pay the difference in the initial 2672 permit fee paid and the permit fee that would have applied for the total disturbed 2673 acreaqe in Table 1. 2674 2675 Table 2: Fees for the modification or transfer of reaistration statements for the 2676 General Permit for Discharqes of Stormwater from Construction Activities 2677 Tvpe of Permit Fee Amount General / Stormwater Manaqement - Small Construction Activitv/Land Clearina (Areas within common plans of development or sale with land disturbance acreaqe less than 1 20 acre General / Stormwater Manaqement - Small Construction Activitv/Land Clearinq (Sites with land disturbance acreaqe equal 200 to or qreater than 1 and less than 5 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (Sites with land disturbance acreaqe equal 250 to or qreater than 5 acres and less than 10 acres) General / Stormwater Manaqement - Larqe Construction Activity/Land Clearinq (Sites with land disturbance acreaqe equal 300 to or qreater than 10 acres and less than 50 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Glearinq (Sites with land disturbance acreage equal 450 to or qreater than 50 acres and less than 100 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (Sites with land disturbance acreaqe equal 700 to or qreater than 100 acres) 2678 2679 C. The followinq annual permit maintenance shall be imposed in accordance with 2680 Table 3, includinq fees imposed on expired permits that have been 2681 administrativelv continued. With respect to the general permit, these fees shall 2682 apply until the permit coverage is terminated. 60 2683 2684 2685 2686 2687 2688 2689 2690 2691 2692 2693 2694 2695 2696 2697 2698 2699 2700 2701 2702 2703 2704 2705 C'nMMF.NT These fees are optional, but will cover the cost of revisions to the plans and permits. Table 3: Permit Maintenance Fees Tvpe of Permit Fee Amount Chesapeake Bay Preservation Act Land-Disturbing Activitv (not subiect to General Permit coveraqe; sites within desiqnated areas of Chesapeake Bav Act localities with land-disturbance acreage 50 equal to or qreater than 2,500 square feet and less than 1 acre) General / Stormwater Manaqement - Small Construction Activity/Land Clearinq (Areas within common plans of development or sale with land disturbance acreage less than 1 50 acre General / Stormwater Manaqement - Small Construction Activity/Land Clearing (Sites with land disturbance equal to or 400 qreater than 1 acre and less than 5 acres) General / Stormwater Manaqement - Larqe Construction Activitv/Land Clearinq (Sites with land disturbance acreage equal 500 to or greater than 5 acres and less than 10 acres) General / Stormwater Manaqement - Larqe Construction Activity/Land Clearinq (Sites with land disturbance acreage equal 650 to or qreater than 10 acres and less than 50 acres) General / Stormwater Manaaement - Large Construction Activitv/Land Clearinq (Sites with land disturbance acreage equal 900 to or qreater than 50 acres and less than 100 acres) General / Stormwater Manaaement - Larqe Construction Activitv/Land Clearinq (Sites with land disturbance acreage equal 1 400 to or qreater 100 acres) General aermit coveraae maintenance fees shall be paid annuallv to the Citv of Virainia Beach, bv the anniversarv date of qeneral permit coveraae. No permit will be reissued or automatically continued without payment of the required fee. General nermit coveraae maintenance fees shall be applied until a Notice of Termination is effective. COMMENT These fees are annual fees that apply while the permit is still active. It will encourage the termination of these permits by the permittee. D. The fees set forth in Subsections A. through C. above, shall applv to: 1. All persons seekinq coveraqe under the qeneral permit, if required. 61 2706 2. All permittees who request modifications to or transfers of their existinq 2707 reqistration statement for coveraqe under a qeneral permit. 2708 2709 3. Persons whose coveraqe under the qeneral permit has been revoked shall 2710 applv to the Department for an Individual Permit for Discharqes of Stormwater 2711 From Construction Activities. 2712 2713 4. Permit and permit coverage maintenance fees outlined under Section 1-33 C. 2714 mav applv to each qeneral permit holder. 2715 2716 E. No general permit application fees will be assessed to: 2717 2718 1. Permittees who request minor modifications to qeneral permits as defined in 2719 section 1-3 of this Ordinance. Permit modifications at the request of the 2720 permittee resultinq in chanqes to stormwater manaqement plans that require 2721 additional review by the Administrator shall not be exempt pursuant to this 2722 Section. 2723 2724 2. Permittees whose qeneral permits are modified or amended at the initiative of 2725 the Department excluding errors in the reqistration statement identified by the 2726 Administrator or errors related to the acreaqe of the site. 2727 2728 F. All incomplete pavments will be deemed as nonpavments, and the applicant shall 2729 be notified of any incomplete payments. Interest mav be charqed for late 2730 pavments at the underpavment rate set forth in §58.1-15 of the Code of Virqinia 2731 and is calculated on a monthly basis at the applicable periodic rate. A 10% late 2732 payment fee shall be charqed to any delinquent (over 90 days past due) account. 2733 The City of Virqinia Beach shall be entitled to all remedies available under the 2734 Code of Virqinia in collectinq any past due amount. 2735 2736 COMMENT 2737 2738 Fees shall not be assessed against permittees with only minor modification or modification 2739 required because of City errors. 2740 2741 Sec. 1-34. PerFormance bond. 2742 2743 Prior to issuance of anv permit, the Applicant may be required to submit a 2744 reasonable perFormance bond with surety, cash escrow, letter of credit, anv combination 2745 thereof, or such other leqal arranqement acceptable to the City Attornev, to ensure that 2746 measures could be taken bv the Citv at the Applicant's expense should he fail, after 2747 proper notice, within the time specified to initiate or maintain appropriate actions which 2748 may be required of him bv the permit conditions as a result of his land disturbinq 2749 activitv. If the City takes such action upon such failure bv the Applicant, the City may 2750 collect from the Applicant for the difference should the amount of the reasonable cost of 2751 such action exceed the amount of the security held, if any. Within 60 days of the 2752 completion of the requirements of the permit conditions, such bond, cash escrow, letter 62 2753 of credit or other leqal arranqement or the unexpended or unobliqated portion thereof, 2754 shall be refunded to the Applicant or terminated. 2755 2756 COMMENT 2757 2758 This section may require the permittee to post a performance bond for the guaranty of 2759 acceptable performance. 2760 2761 Sec. 1-35. Public works specifications and standards. 2762 2763 The Public Works Specifications and Standards, includinq all future amendments 2764 thereto is herebv adopted and incorporated bv reference into this ordinance. However, 2765 whenever the Public Works Specifications and Standards and the State reaulations, 2766 includinq the BMP Clearinqhouse conflict, the State requlations and the BMP 2767 Clearinqhouse shall control, unless the more strinqent provision of the Specification 2768 and Standards was applicable prior to January 1, 2013. 2769 2770 COMMENT 2771 2772 This section indicates that the provisions of Public Works Specification and Standards will 2773 apply, but all conflicts will be governed by the state regulations or the BMP Clearinghouse. The 2774 more stringent provisions of the Specifications and Standards can apply if they were applicable on 2775 January 1, 2013. 2776 2777 Sec.1-36. Severability. 2778 2779 Each separate provision of this ordinance is deemed independent of all other 2780 provisions herein so that if any provision or provisions of this ordinance be declared 2781 invalid, all other provisions thereof shall remain valid and enforceable. 2782 2783 Sec. 1-37. Effective date. 2784 2785 This ordinance shall become effective on July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of April , 2014. APPROVED AS TO CONTENT: , PZW L?? Depart ent of Public orks 63 APPROVED AS TO CONTENT: -' owt c? ?1'1 kj---?t ' , Department of Public Utilities CA12489/ 4/14/14 APPROVED AS TO LEGAL SUFFICIENCY: Ci y Attorney's Office 64 -92- Item -V-L.2 PLANNING ITEM #63733 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of KAREN C. DALESANDRO for a Conditional Use Permit re a Child Daycare Home at 3705 Joppa Lane DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of KAREN C. DALESANDRO for a Conditional Use Permit re a Child Daycare Home at 3705 Joppa Lane (GPIN 1484294709) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children, based on their ages, shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one (1) time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the Child Daycare business shall be located behind the front faqade of the house and within the fenced yard area when not open for business. 5. A non-illuminated sign, not more than one (1) square foot in area, identifying the Home Daycare, may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections fYOm the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family [Child] Daycare Home. Thi.s Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of April, Two Thousand Fourteen April22, 2014 -93- Item -V-L.2 PLANNING ITEM #63 733 (Continued) Voting: 11-0 Coz.ancil Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -94- Item -V-L.3 PLANNING ITEM #63734 Upon motion by Vice Mayor Jones, seconded by Council Ladv Wilson, City Council, APPROVED/ CONDITIONED, BY CONSENT, Application of JUDY STUVER and DOUG and JUDY STUVER for a Conditional Use Permit for a Child Daycare Home at 1085 Tolstoy Court DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OYdinance upon Application of JUDY STUVER and DOUG and JUDY STUVER for a Conditional Use Permit for a Child Daycare Home at 1085 Tolstoy Court (GPIN 2415714607) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children, based on their ages, shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the Child Daycare business shall be located behind the front faqade of the house and within the fenced yard area when not open for business. 5. A non-illuminated sign, not more than one (1) square foot in area, identifying the Home Daycare may be mounted flat against the house. 6 The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of the Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Office for use of the house as a Family Daycare Home. This Ordinance shall be effective in accordance with Section 107()g of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of April, Two Thousand Fourteen April22, 2014 -95- Item -V-L.3 PLANNING ITEM #63734(Continued) Yoting.• 11-0 Council Members Poting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April22, 2014 -96- Ite»z -V-L.4 PLANNING ITEM #63735 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of ENTERPRISE LEASING COMPANY OF NORFOLK and SISTERS II, LLC for a Conditional Use Permit re motor vehicle rentals at 2428 PYitzcess Anne Road DISTRICT 7- PRINCESS ANNE [Courthouse Historical and Cultural DistrictJ BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ENTERPRISE LEASING COMPANY OF NORFOLK and SISTERS II, LLC for a Conditional Use Permit re motor vehicle rentals at 2428 Princess Anne Road (GPIN 1494920986) DISTRICT 7- PRINCESS ANNE [Courthouse Historical and Cultural District] The following conditions shall be required: With the exception of any modifications required by any of these conditions or as a result of development Site Plan review, the site shall be developed substantially in conformance with the Concept Plan entitled, "Exhibit of Enterprise Rental CaN Site Modification for Sisters II, LLC, " prepared by Kellarn Gerwitz, dated 10121113. 2. Unless otherwise authorized by a parking deviation i,ssued by the Planning Director, no more than fourteen (14) motor vehicle parking spaces shall be permitted on the site. The number of motor vehicles on the site at any one time, including but not limited to rental vehicles, customer vehicles and employee vehicles, shall be limited to the total number of parking spaces on the site. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked within any portion of the public right-of-way. 4. The one-way drive aisle shall be no wider than thirteen (13) feet. 5. Consistent with the recommendations of the Historical Review Board, the architectural design, exterior building materials and color scheme for the existing building on the property shall remain in its current state, other than the improvements, including building signage, as depicted on the exhibit entitled, "Tradedress Rendering, page 1 of 4. " 6 Consistent with the recommendations of the Historical Review Board, the approximately one thousand (1,000) square foot building addition on the northern portion of the existing structure shall have exterior building materials of beaded cement fiber board (HaYdiePlank) siding with a six (6)-inch reveal, a brick foundation skirt utilizing Pine Hall Brick's Salem Blend and an architectural grade roof shingle utilizing GAF Timberline "Charcoal. " 7. Consistent with the recommendations of Historical Review Board, the freestanding sign, when constructed, shall comply with applicable requirements of the City of Virginia Beach Zoning Ordinance, shall be a monument style sign as depicted on page 4 of 4"Front View Elevation - Option C, " dated 214114, and shall not exceed seven (7) feet in width and four (4) feet, four (4) inches in height. April22, 2014 -97- Item -V-L.4 PLANNING ITEM #63735(Continued) 8. Freestanding signage, if lit, shall be externally lit. 9. The plant material depicted on the Concept Plan referenced in Condition 1 above shall be installed. In addition, streetscape landscaping and interior parking lot landscaping, consistent with the Virginia Beach Landscaping Guide, shall be depicted on the final Site Plan and installed as required. 10. A landscaped, planted area, of a minimum of seventy-five (75) square feet, shall be installed around the base of the existing freestanding sign, as per the City of Virginia Beach Landscaping Guide. 11. The fifteen (I S) foot wide buffer depicted on the Concept Plan referenced in Condition 1 shall remain in a natural state. 12. Prior to approval of the final Site Plan, the applicant shall submit written proof that the reduction of the Dominion Virginia Power easement is acceptable to the utility company. 13. No maintenance of motor vehicles shall be permitted on site, other than hand- washing and vacuuming, which shall be performed inside the building. 14. All parking spaces, as depicted on the Concept Plan referenced in Condition 1 above, shall be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 15. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs or other similar moving devices on the site or the vehicles. There shall be no signs that are pasted, or attached, to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs or electronic display signs on the site. 16 The applicant shall submit a Site Plan to the Department of Planning/Development Services Center for review and approval of all proposed on-site improvements prior to occupancy of the site. 17. The two existing vehicular access points shall be replaced with one access point, as depicted on the Concept Plan Yeferenced in Condition 1 above. 18. This Conditional Use Permit is for the rental of motor vehicles only. Sale of motor vehicles shall not be permitted on the site. 19. The parcel must connect to the City water system. This Ordinance shall be effective in accordance with Section 107(? of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of April, Two Thousand Fourteen April 22, 2014 -98- Itern -V-L.4 PLANNING ITEM #63735(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, BYad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -99- Ite+* -Y-L. Sa/b PLANNING ITEM #63736 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, DEFERRED TO JUNE 17, 2014, BY CONSENT: Applications of NEW CINGULAR WIRELESS PCS, LLC and CYPRESS POINT ENTERPRISES, INC. at 5340 Club Head Road DISTRICT 4- BAYSIDE a. Conditional Chanze ofZoning from Conditional PD-112 Planned Development to Conditional P-1 Preservation District b. Conditional Use Permit for a communication tower Yoting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -100- Itenz -V-L.6 PLANNING ITEM #63737 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED AS PROFFERED, BY CONSENT: Application of MOORE FARM, LLLP for a Conditional Change of Zonin rom B-lA Limited Community Business to Conditional B-2 Community Business re a restaurant with a drive-through at 925 Diamond Springs Road DISTRICT 2- KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MOORE FARM, LLLP for a Conditional Chanize o ZoninQ from B-IA Limited Community Business to Conditional B-2 Community Business re a restaurant with a drive- through at 925 Diamond Springs Road (GPIN 1468357321) DISTRICT 2- KEMPSVILLE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 22, 2014 -101- Item -V-L.7a PLANNING ITEM #63738 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council re: HISTORIC KEMPSVILLE MASTER PLAN AREA: DISTRICT 2- KEMPSVILLE a. APPROVED, BY CONSENT: AMENDED, DELETED Appendix 3 and REVISED the text of the Plan re drive-through facilities. Voting: I1-0 Coiincil Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Coaincil Members Yoting Nay.• None Council Members Absent.• None April22, 2014 1 AN ORDINANCE TO AMEND THE HISTORIC 2 KEMPSVILLE AREA MASTER PLAN BY 3 DELETING APPENDIX 3 AND REVISING 4 THE TEXT OF THE PLAN PERTAINING TO 5 DRIVE-THROUGH FACILITIES 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 WHEREAS, the Historic Kempsville Area Master Plan was adopted by City 11 Council on January 24, 2006; and 12 13 WHEREAS, Appendix 3 of the document is the recommendation for certain 14 ordinances to be adopted as part of the City Zoning Ordinance and those ordinances 15 were adopted by City Council; and 16 17 WHEREAS, the inclusion of Appendix 3 is no longer necessary in the Historic 18 Kempsville Area Master Plan; and 19 20 WHEREAS, the attached revisions to the Historic Kempsville Area Master Plan 21 Policy Document should be adopted; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the Historic Kempsville Area Master Plan of the City of Virginia Beach be, 27 and hereby is, amended and reordained by the revision of the Historic Kempsville Area 28 Master Plan as shown on the attached document entitled "Revisions to January 24, 29 2006 Historic Kempsville Area Master Plan Document." Such document is made a part 30 hereof, having been exhibited to the City Council and is on file in the Department of 31 Planning. 32 33 COMMENT 34 35 The ordinance amends the Historic Kempsville Area Master Plan by deleting Appendix 3 36 that was adopted as City Zoning Ordinance Article 20 and revises other references to the deleted 37 Appendix. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of April , 2014. APPROVED AS TO CONTENT: P*nartrn-e7nt?? APPROVED AS TO LEGAL SUFFICI NCY: ? City Attorney's O ice CA12886 R-1/February 3, 2014 Revisions to January 24, 2006 Historic Kempsville Area Master Plan Document Below is a listing of the revisions to the Historic Kempsville Area Master Plan (adopted by City Council on January 24, 2006). The page(s) of the plan document referenced in each of the items listed below are provided after this page. • Plan Cover - replacement of graphic and replacement of "Draft" with "Adopted." • All Pages - revision of page footer, inserting "Area" in "Historic Kempsville Area Master Plan" and replacing "Draft" with "Adopted." • Page 8- under the 'Floodplains' section, revision of last sentence to replace "minimum 1 foot elevation" with "minimum 2 foot elevation" and deletion of "and must carry flood insurance." Purpose of revisions is to ensure consistency of this section with the various amendments to the City Code pertaining to floodplains as adopted by the City Council on November 26, 2013. • Page 10 - under the `Architectural Landmarks and Styles' section, replacement of page number referencing Appendix 4 from 123 to 65. • Page 19 - under the `Issues' section, deletion of last sentence pertaining to 'former mosquito control property,' as this issue is now resolved. • Page 25 - under'Land Use Concept' section, replacement of page number referencing Appendix 4 from 137 to 79. • Page 26 - under `Conceptual Village Plan by Quadrant' section, replacement of page numbers referencing Appendix 4 from '138 to 142' to '80 to 84.', • Page 27 - under'Architectural Fabric' section, replacement of page number referencing Appendix 4 from 144 to 86. • Page 28 - under'Adoption of City Zoning Ordinance Amendments and Other Ordinances' section, deletion of "Copies of the proposed amendments and new ordinances are found in Appendix on page 35 to page 112" and addition of "City Council has adopted these amendments, and further information concerning these provisions is found in Appendix 3 on page 53." • Page 30 - in the last sentence, replacement of page number referencing Appendix 4 from 145 to 87. • Page 53 - Insertion of the following text at the top of the page: On January 24, 2006, City Council adopted the Historic Kempsville Area Master Plan, along with ordinances to amend the City Zoning Ordinance to allow for implementation of the goals and recommendations of the Historic Kempsville Area Master Plan (Ordinances 2915 through 2917).The City Council also amended the Official Zoning Map by the designation and incorporation of the Historic Kempsville Area Overlay District, formally designating the area of Historic Kempsville for regulatory purposes as set forth in the City Zoning Ordinance. Please refer to the City Zoning Ordinance (Appendix A of the City Code) Articles 1, 9, and 22, for regulations applicable to the B-4K Historic Kempsville Area Mixed Use District and the Historic Kempsville Area Overlay District. • Pages 53 through 111 - Deletion of all text after the paragraph being added. Deleted content consists of the draft ordinances mentioned in the paragraph being added. • Pages 113 through 145 - Renumber as pages 54 through 87 • Addition of pages 88 through 92 as "Appendix 5- Acknowledgements and References." HISTORIC MPSVILLE AREA RPLAN .-0 +./+sf9 Emily V4'haley's Kempe's Landing nomesm Jamoori 2000 Prepared by the City of Virginia Beach Department of Planning and WPL Landscape Architects Land Surveyors Civil Engineers Adopted by the City Council of the City of Virginia Beach, Virginia on January 24, 2006 as an Amendment to the Comprehensive Plan and benefits as wildlife habitat, nuisery and spawning areas for aquatic animals and waterfowl, flood buffers, stormwater filtering, erosion control, and passive open space. Tidal wetlands are regulated under City ordinance from certaiia development activities. Nontidal wetlands are similarlyregulated under State law from certain develapment activities. Both tidal and nontidal wetlands are further regulated under federal law from certain development activities. Resource Protection Areas Resource protection areas as idenrified in the Commonwealth's Chesapeake Bay Preservation Act are located adjoining the Eastern Branch of the Elizabeth River and the Fox Run Canal extending east from the river. These areas are that component of a Chesapeake Bay Preservation Area +comprised of lands adjacent to waterbodies with perennial flow which have an intrinsic water quality value due to the ecological and biological processes they perform, or due to their sensitivity to adverse impacts which may result in significant degradation to the quality of state waters. Resource protection areas are regulated under Ci#y ordinance from certain development activities. Floodplains The Historic Kempsville area is located near the headwaters of an extensive riverine floodplain adjoining the Eastern Branch of Lhe Elizabeth River, nznning westward into the City of Norfolk. These floodplains are important areas for buffering flooding primarily from tidal storm events such as Northeasters and hurricanes. While the City Code does not prohibit development from the floodplains in this part of the City, it is desirable to voluntarily restrict development from the floodplain if at all possible tv protect private property interests. Development located within the 100 year floodplain must have a minimum +2 foot elevation above the flood level for all habitabie spaces, • Tree Canopy The tree canopy in the Historic Kempsville area is dominated by willow oak, red oak, swamp chesmut oak, red maple, sweet gum, and loblolly pine. The presence of a tree canopy in the azea provides a setting that is unmatched by many other more highly developed areas in the City, and helps give the area a distinctive setting. This mix of native trees has withstood intense development pressures as well as natural threats such as storms and drough.t over the last fifly years and thrived. Accordingly, it provides a fine example of the kind of urban tree canopy that may be desirable to expand upon in conjunction with future new development and redevelopment activity, as ii has proven its tolerance to manmade and natural stresses. Histoinc Ketupsville Area Maste.r Plan ADOPTED D .TRllIiRI'y24, 200G Fox Run Canal The Fox Run Canal crossing at Kempsville Road provides a physical gateway feature to the area from the south. This manmade though naturalized feature helps travelers experience a sense of arrival when entering the area from the south that should be emphasized to a greater extent. Planned physical improvements to the crossing to facilitate the planned transportation project afford an opportunity to further accentuate this feature in the fabric of the area, through the use of carefully coordinated aesthetic treatments of the road. Land uses in the vicinity are primarily suburban single family residential and institutional to the south, and light office, commercial and institutional to the north. The Fox Run Canal crossing adjoins additional public properties that afford an opportunity to enhance this gateway. Eastern Branch Elizabeth River The Eastern Branch of the Elizabeth River crossing at Princess Anne Road forms the strongest natural landmark feature in the area; one that is sadly obstructed and largely unnoticed by many who regularly travel this corridor. Travelers could experience a strong sense of arrival or departure when crossing this area that will be greatly enhanced through aesthetic treatment of the road crossing in conjunction with the planned intersection transportation improvement project. This area was also the immediate vicinity of the original river wharf and landing. Land uses in the vicinity are primarily suburban single family residential and commercial to the west, and light office and institutional to the east. The river crossing and the planned redesign of the Lord Dunmore Drive intersection affords an opportunity to enhance the existing natural gateway features in the area. Architectural Landmarks and Styles The remaining structures in the Historic Kempsville area provide a glimpse into the scale and locations of structures that probably existed in Kempsville in earlier times. While not a center of great wealth, the area was probably home to residents of poor to modest means, and reflected the colonial architecture prevaient throughout eastern Tidewater Virginia. This style has proven timeless and is recognized today as affording the area the best opportunity to recreate a unique sense of place as it undergoes further development and redevelopment. The following structures, roadway information and vistas help to describe how the vision for the area can build upon the best elements and framework of the past. A map showing the locations of the historic structures and sites located in the Historic Kempsville area is found in Appendix 4 on page 424 65. Carraway House The Carraway House is one of the few remaining eighteenth century frame dwellings in the City, providing one of few examples of a middle class residence of the era. James Carraway acquired the Histoi•ic Kempsville Aiva Master Plan A.DOPTED DRA Jannai,ry 24,2006 10 recommended in the Plan. Property consolidations would allow assemblage of larger parcels to help promote new development and redevelopment with shared interior parking amenities, so long as traffic volumes do not exceed roadway design criteria for the quadrant. Conflicts The planned intersection improvement project will not include major relocation of existing utilities in the quadrant, as these are not necessary for the intersection project and funds are not allocated for this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed to either incorporate utility relocations as a cost of accommodating new development, or to avoid adverse conflicts with existing utilities by utilizing these areas for non-structural purposes, such as open space, plazas, common areas or parking. The planned intersection improvement project does call for the planned relocation of existing utilities underground in the vicinity of the planned village green, in keeping with the recommendations of the Historic Kempsville Plan. Additionally, planned roadway locations are not proposed to deviate from existing utility alignments to any geat extent or to adversely affect new development or redevelopment opportunities. Issues Potential redevelopment of the former ballfields site as a village green is being coordinated with stormwater management facilities required for the planned intersection improvement project. The village green should be designed to incorporate this feature as an amenity, with a bulkheaded shoreline, to better reflect the historic setting of the area as a port and to support the concept of the village green as an urban open space area. quite eentr-ol Yr??-t •l, r-equife4ettefs ? Southwest Quadrant The Southwest Quadrant is bounded by relocated Princess Anne Road on the north, relocated Kempsville Road on the east, Fox Hill Canal on the south, and the Eastern Branch of the Elizabeth River on the west. Opportunities Land uses in the quadrant are currently a mix of professional offices and the Kemps Landing School building, currently being used as the SECEP school site. The planned road improvements will provide a new public service road connecting the quadrant to Princess Anne Road at a planned signalized intersection. This connection will additionally link to a relocated Lord Dunmore Drive to Historic Keinpsville Ai•ea Master Plan ADOPTED D .TRllllal;y 24,2006 19 THE PLAN This section of the plan sets forth the land use, village form, and conceptual plan for the Historic Kempsville area. Land Use Concept The plan that has been developed for the Historic Kempsville area significantly alters and reshapes the land use concept for the area, moving from the suburban pattern that has dominated the area since the post World War II boom through the 1970s, and the subsequent decline of the area, and instead superimposes a land use concept that will strengthen the sense of community and village form in the area. The recommended land use concept suggests that a more dense pattern of development, dominated by mixed uses which allow for both residential and nonresidential uses within the same building or groups of buildings, would help to reintroduce a sense of interest, pedestrian character, and excitement to the area. Mixed uses are clustered near the intersection, with buffers and less intense land uses arrayed out form the intersection and adjoining surrounding subdivisions that comprise the larger community. A map that depicts the recommended land use concept for the area is found in Appendix 4 on page 4-3-7 79. Village Form As the historic heart of the community has long been the northeast quadrant of the area, the recommended village form locates the village core here, as well. The northeast quadrant, dominated by the fire and rescue station and Yoder Dairy, form the service core for the recommended plan. The southwest quadrant is seen primarily as an area of mixed residential and nonresidential uses, with the inclusion of a potential water access zone adjoining the Eastern Branch of the Elizabeth River. The southwest quadrant is also seen primarily as an area of mixed residential and nonresidential uses, but dominated more by residential uses, and including the village green on the former ballfields site. A map that depicts the recommended village form for the area is found in Appendix 4 on page 135. Conceptual Village Plan by Quadrant The conceptual village plan incorporating the land use concept and village form described above envisions an area with the character reminiscent of other traditional villages with a colonial character and scale of development, such as Merchants Square in Colonial Williamsburg, the current New Town project in James City County, Port Warwick in Newport News, or Riverwalk Landing in Yorktown. As has been noted earlier for other elements, each of the quadrants of the proposed intersection exhibits conceptual village features specific to itself that collectively help define the Historic Keuipsville Ai•ea Master Plau ADOPTED D Jannai,ry 24, 2006 25 whole as a special area. Drawings that illustrate the conceptual village plan for the Historic Kempsville area are found in Appendix 4 from page 4-3$ 80 to page 44-2 84. Northeast Quadrant The northeast quadrant envisions a medical emphasis, with locations for professional offices and support facilities and institutions, anchored by an expanded fire, rescue and emergency services site with improved access to both Princess Anne Road and South Witchduck Road. The quadrant is also the location of a proposed assisted living center, and the site of a recommended pedestrian bridge to be developed in association with private development as an eastern gateway to the Historic Kempsville area. Southeast Quadrant The southeast quadrant envisions a more residential and public open space concept, with the village green serving as one of the focal points for the entire village. Mixed use structures including both residential and nonresidential uses front the green and Princess Anne Road with interior parking, lending a more pedestrian oriented design to the area. Southwest Quadrant The southwest quadrant is designed as a true mixed use area, with both residential and nonresidential uses clustered around the road frontage, with proposed struchzred parking hidden from view. Buffers to the Fox Hill Canal and Fairfield neighborhood are incorporated into the suggested pattern of development. A waterfront access and interpretive area about the history of Kempsville is located on the Eastern Branch of the Elizabeth River. Adaptive reuse of the old Kempsville High School for mixed use is recommended. Northwest Quadrant The northwest quadrant is designed to highlight the existing institutional and historic structures through assemblage of other parcels into new building blocks with interior parking and mixed uses. Additional residential and nonresidential development is suggested long the Eastern Branch of the Elizabeth Rfiver waterfront. Historic Keiupsville Ai•ea Master Plan ADOPTED D Jalll1A17 24, 200G 26 Pedestrian Circulation Pedestrian circulation is a critical element of the proposed conceptual plan for Historic Kempsville. A hierarchy of pedestrian paths is envisioned. A drawing that illustrates the pedestrian circulation concept for the Historic Kempsville area is found in Appendix 4 on page 443 85. Internal paths are the backbone of circulation within each of the intersection's quadrants. Widened sidewalks with intersection crosswalks and nodes provide linkages between the quadrants. Neighborhood connectors provide linkages from the Historic Kempsville area to adjoining neighborhoods. Shared use paths also link the Historic Kempsville area to other destinations in the City, as reflected in the adopted Bikeways and Trails Plan. Infrastructure Elements and Street Furniture A key element envisioned for the Historic Kempsville area is the integration of infrastructure elements, including traffic signs, light poles, traffic signal poles, crosswalks pavement treatment, transit stops, street signs, benches, trash receptacles, bike racks, bike lockers, and other elements are incorporated into the fabric of the area through conscious design decision e making. This translates into ensuring that uniform standards for these elements are established and adhered to during the Plan's implementation phases. In particular, it is recommended that transit stops within the Historic Kempsville area be integrated into the overall design of the area and include appropriate shelters for pedestrians that blend with the architectural fabric of the area. This work is identified as a component of the Urban Design Element identified on page 29 of the Plan as a future action item. This descriptive information will require coordination with other City and regional parties, including Hampton Roads Transit, the City's Public Works Department, and others. Architectural Fabric As noted throughout the document, the importance of the architectural design to establishing the Historic Kempsville area as unique is central to the ultimate implementation of the plan. A photo collage of structures, streetscapes, and design features that reflect the character envisioned for the Historic Kempsville area is found in Appendix 4 on page 4-44 86. Architectural design guidelines found in Appendix 1 on page 33 to page 43 are intended to reinforce this essential planning element. Historic Kempsville Area Master Plau ADOPTED ? Jauuaiy 24,2006 27 RECOMMENDATIONS / FUTURE ACTION ITEMS This section of the Plan sets forth specific recommendations and action items to help implement the Historic Kempsville Area Plan. Recommendations constitute those elements that are identified within and constitute the body of the Plan document itself, or supporting documents that are incorporated within the body of the Plan and intended for adoption in conjunction with the Plan. Future action items constitute those elements that are identified in the Pla.n document as requiring further work following adoption of the Plan. Once these future action items have been completed, it is recommended that they be incorporated into the Historic Kempsville Area Master Plan through the plan amendment process. Recommendations The Plan recommendations are as follows: Adoption of Architectural Design Guidelines The architectural design guidelines are intended to apply to all new development or redevelopment projects undertaken in the Historic Kempsville area as defined in the plan. A copy of the proposed guidelines is found in Appendix 1 on page 33 to page 43. Adoption of Recommended Vegetation Lists The recommended vegetation lists are intended to apply to all new development or redevelopment projects undertaken in the Historic Kempsville area as defined in the plan. A copy of the proposed lists is found in Appendix 2 on page 45 to page 51. Adoption of City Zoning Ordinance Amendments and Other Ordinances The recommended City Zoning Ordinance amendments and other ordnances are intended to ensure compliance with the plan and promote its implementation within the Historic Kempsville area. ?.? Citv Council has adonted these amendments and further information concernin these provisions is found m Appendix 3 on page 53 Historic Keiupsville AreR Master P1Rn ADOPTED $ Januai,ry 24, 2006 28 required for the planned intersection improvement project, afford a unique opportunity to initiate new development and redevelopment of the area, in accordance with the recommendations set forth in this Plan. A map identifying the general extent of these properties in the Historic Kempsville area is found in Appendix 4 on page 445 87. Histoi•ic Kenipsville Ai•ea iViRSter Plan ADOPTED D Jalll1R1y24, 200G 30 APPENDIX 3 CITY ZONING ORDINANCE AMENDMENTS AND OTHER ORDINANCES On Januarv 24, 2006 Citv Council adonted the Historic Kempsville Area Master Planalon with amendments to the Citv Zoning Ordinance to allow for implementation of the goals and recommendahons of the Historic Kemnsville Area Master Plan These amendments set forth provisions in Section 102, Article 9 and Article 20 of the Citv Zoning Ordinance The Ci Council also amended the Official Zoning Map bv the designation and incorporation of the Historic Kempsville Area Overlav District formally desi ating the area for Historic Kempsville for regulatorv nurposes as set forth in the Citv Zoning Ordinance Please refer to these sections of the Citv Code for ordinances and reQUlatorv requirements as relate to the Historic Kempsville Area te-Aftie-le 9-e€-the-City Zoning-o diaanee?. ???b ? ? a ,. ?t,o B 4rr u• t v •,l Azfea „ Tl's+,..,,t «,7 t L.1' 1, 'l 1 1. ,] b vuxiQi¢1?p? t Distiiet; • ) F?1T1-7P1'141Anal rruniirm + ! t1. 1 s . uii 1 + ize, eW4 - ?• ? ? 4*4he4? 1 \ 14:s+,.«:,,TIo.,.. 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E-? 9 Y L? ? este 87' w1 t1Tj'Tl L t te ?r? ? ZC _ _ _ ?1'CT- 7 ?C?'l?i7i • • sa.. D7•3L?? 94 BFfp7r' TL T?T J"T 95 . , 7 / 7 O ? ? January W, }$e A,-a a n asr+?-Pi-s e?-?--S, j ch ir?v, rt f , , I-H d2-S i:qnr3t4:9i9----8 f t }so -- 1 y 111 [, 7..d1 i 13: . _ 11./.7 C'11 f'_?r?J17'C1"?tl'_'?iY-I 44 ? T n 1 V ?. i-f?r gfg Fq t'Cd-'O aua eommEEA, ?g 4-1-t?8? 1. „a - --'--- ^-gi, Z 1 = S 1 Z ? _-_ -.?...... .? ? ? n G ' ? . ?.cz-70JT if: ? • ? 155 jantMi ,-20" 1 2 I ? 3 ? , -4- F?EQtjljtEMENTS' , 19- .cr RL+nrrTREneL+wrmnlN TliE $ ?M Mi'3TORTe-2EI°PSVjt7tE g ? -Ge OTIS ? ?-6 . ? ? ? , 3-5' and--aeF.r7 m 7 praetiee - - - - . . -4r6 , , i-,)? . . ? , ;i::i:i:j . k9 -- Q Z-5 23 a4 z'15 m-6 z--7 r?8 ? 3-? 3-? 3-3- 156 innuary 24, .3,t ? -3-5 -31- 3-"' it! . ? this , 3-9 ? met 15- ? , , 43 ? ? 4-6 -4-7- 49 4-9 rs9 rrt erient eel , f9truellI i ? , i uea ? - "S .5 rS'lS -2' '6-7 Jamr"y24-, 5-8 Mast . ?-3 B t 12' 6?4 G-9 ? '}@ 7'f 'l3 ? tise 9's flkt2lbiple ? g? ? ? ? ? ? 27d?__! 77 •77 ?i nl _---? -.,.?.?asv?ui?+1?1Q,?7zGj'Ttd12 ? ,-20" 8-29- west, 83 vV ??T?tP1?i e? 8-3 fReEIes ; ? ? , es. . 99 i-nte".ated tni4e ef- resi-deiet,r; pi --- ? the--sserre--br r'rl-d+rt?--e?-e:i t ???•-.?.? z ttsps -wz-th-ra ??o ----- ? L_ . _ ?e?-? 9,3- e'=erretf- 1 1 1 I ti 9? a?rel e?eix rw tr- ? ?, Erake-be _ • ? ? _ . . ? -- 3 : to bi4e- -secttrr. , ;east, ?G -- - ??? ? ? ??7 TT T the?--event sf- a ea t?-i-e; Ar-ea Maeter ^, ttr2 ?93 ' ?AG ^4- ? -69 it'& Sec. . Use , i 09 3-" al --?nr-?,•,7r?i r i a?. ---ri°1C-fEil-lE)irfi4i3? eha-.r-t ?J' -a--"-E?-Uses - and-, 3?fr ? ? 3 ?-B -F3se- - - - - - - AlLiMft± v'et: crinary - _, pro-vid , . b+e-3cept air ??gt"vQf'et3 , ??S .. i..,..?.... Amtexnas-, eel 1 Audi , etssembiy _,_.`?...?.......aa?.? ? repair w8?k-&Zat L_- - perfettit .,i. 'J' l II- ..LeLI _ _L_......___: ? . ... aa L'3Ee I t39?i+?E $h2 -rr `'?- ?- r?-o?i.,?_?-' ?- u ?ite ; - previded , where t}tere-ie-ai adjein' r-esiel_ rit" -d.tsbri-?t t ) where 3:ot-s E , 'Ea'tege'iy-y3 auteffiebi-l-e --,-,-; -.---tt e? !FT?LLI 4aige `__-- adj etee'tt i-esident 144:strrct-ar aj!?Wrtlttellt riist;r-jet: aFtEl rte , greund (9-9)---f cct orf--ths l_ _, .&4:s t r rc t---cr alpartme"t J_ __ • '[TR'i'T11r ? 17T ' Use 4 E--a-.-tr ?rke?e-s , p , aTrd __......_?..? dzr? ?, .. - ---_.._...,....?, pruvided _., r -at-r-et-az-i ?ses ?rtrrs _ ?evcrage . il ilV[? ?]LC?? tL___' L d € EEt-1 Ft--fi'dot 3rEd r-enta - establishme,it Beat Bedy? ? ^^. ? 7 V /G B 7 D.u- B n -a :3 a;3ii 9 4B 4e BK i yarclo an buildi cmlt:r ?i yards, p it_ d OLIS rev4ded _7? t -or Processi ocrep, wSeP••ei'1? matexial ng O-E . -L a7 1 L j a+..'r / e pe`r? e} - open.! ngs 3ngLoEEF9-- m.. I l1 exeep in BlZd' 3n he"1ght V"oCS'tTOII a r _ -! f iT1 -?T?T ? T Bttainei-is i ??c& S I -8- Hi.sdaric-liemrp . -73-- d?cuesry 6D A 9 fbgA-6 $s-e 4?---a-,? ea? ? ___ ;-___..?,.,,, - ?i__ _ ? y ? ?TI?? '_,"F Y `-edueed b activiti i L _ c _ d f? ?? r--19 `S = it}'1l i n o C=cc cs OZ a,., _ i i_ aEij aeeT` . rrr+r?n?,-? ? • • ? thr-e e--??--e rrr- str-eet r - spaees ?.........? ? a??_' l?.??a ? _iR1l 1 . aaa.?S L.e _'___ _ l_J feff - ? E' 3 G'h-eftr-v?83ri f'g,.;±±'T'ty * .h:id _ -?--- - -- - - eOiRtRr _ _ jEti- 19,ftrjcill?ei - parL: „ s 7 a. ?7 ?? -9 7?? u ??Y? c," 7* ? H-se C-emme rea1 . ----.., -_ele .,ar was-h, Eletail4fis tLall.' _1 "'_' ?l ... .vav E?offitte r ei-ft} recreatiox se.d c`h-ar-r-z` n9'3e--8 BOY'RYit!O'i'3CST . b&rbershops otni1Pr-?imilui persena=-? ??? Qhl, ; ,.w___t previded f--Et13 0 ? ' be ai= aw??,'trt -?ix?•_ naV Tis.'__ _ n._.,. i i . - -- -----'g' r n ??iac ic i famil . 7-:5- d , ? -eir`irtk i-rzg e - t aherl. ncrt use ?3eeept -" ?..??? , spee-i-€ie se,=* ieft elri:.LLk±n9 tL d _ thretigh "me`YC 39 ___-f s i.... sr-- BatiF3g--c3iR °°t av si-jia RT?y?Ry?l'? -r-_?? ?..... Sating? d3. 1TFS7''? eStEtb9ASITA G ° -.-ccr: Z. kl __L S+e? _ ? " __ a>..... '_ d-; 2 IT7o la at.-. .] G____ L el /JrVV n \ J f_i \ ?? ?.. t L 1?, el in- `rrss -?: ----- x / 1„ ? . ....??.. C? rncn cv i L l..i ..-vv . - LIellt _l - ...r.... i L _ y u ? -76 jan im 1 Use ?Le L__ er-?`? / ?? prepert's' • •fae-i ?i t i es F3irai:c isi-. tllStrt_`_= : -:,, pr9 6"idEa cn8i, C?r-}-V Ethre?i ae al=eWed B-ev r.i,. -- -P Pleximts, gif $hops arsd - Ftr Furnitaxe and - fLj.L televisio - n ousehold se?a? ee ?? ?e-s 3-t- -77 • 7,-2o" C6nvei1lE? bot h- a.d-iir-a -s gr-ess-#]:oor-are-a ef- '- - tL-- -- , ) ? , _ a.a_a? ---_-?-.+ u ftet ' +? u?. 11Z 3 > L 1pCJr Q-"1"'C73' A•1?Os_ Ll ef nBt-Ses..T -- L.--112'Ci23 Pive thousam ---sq?arc (5,008) f-eet gtArbLa ....... ' - S't'07.'CS?? with a'gI'O55 i l9er- ai'ea vi l -?_ ?tL__ i? ___? .."..... ivc thettsdnd , (s,eee) lieme l-3 7-a Jamrd3Y-$41_20" gse?- Hcstts?? or-h3rtdicappsd, ineltid1rig eenvte^c-leseeirc-vr ..-- - . -9"% i ..w;ia ,.mde?- H.. t t-? hereinabove S--a'}}zzo't-ecceeel Gne d feet; provided; h , tizat -- 3$ 7-9- J'dIIiIa1' 24,2006 U-S d? he ?? xrsi igti nsi ty t, k,? ?. j -an pz - : ... d uvidied l: ui - sa t ar ea -o > .. L- ,e h ' f e-e t ; tlae - ab eve -, Aia 1 by- ?? Lab see gat erat t-3-a io rr- n i ^r6-z^-(inj , oS*e fOr- aids ,pv-? ?.i_o ti.,vs•'x e tiI'C i?-- an ~LZ C er vzs?. Of a C7.' e ..... ciccs --'ey e s aiq ??a za.. '? 4ev4 f 1 !>>fll Mari tivinl a.._.t_ ,.a _ TR,.,?_ _ L? 1-.-.1.._r LTJ Y1 i nr ira3, c'zL? , _ l _ ? ± _t r ? _? .-crx rr _ y • i _ ic? ?? ? ????.?__ u41, ? i7,? AAAL? 7aa,ai ????'? v ? - ' - - - ---- ..?_.. .M .......? ?? , - is tvvent-j,` thousarLd sqpdftre , ? , enel t ur pttb± aaid ? ?i ' 1 -I-cr -$-}- janna'i 24,2000- ?revis-iv s; 3h sP Pt= ? feLc-any- w}thin t $ 3A er- r?;-=,r,-;? ?..? -----_ l ai3'p`--6 f `' thre e?4 a_ ,...v ..? t.?.i e- i.7.+.,7 t22e 2 F ? c?- me t --{a-r pa3.=king €a??ii-t}e eeF.F... t rrs--csf e?-{e4 use he B-4-- B--4-C- .. ......r z.. ?e e$ fidtth2.i} ? 4- .. l ? F p? F eshai-i- e tL . l -. s. i the d}s?r 6ahieh lec Ts-Tr-Af-€s park4ng €ae}l}tie be leeate 6i3e $heQ3 htiftdred-4 €eet €iefn F ?? -ted; scc ssha? El a itL uxxd-Frrve 3 ?..., ? ??- thetise they --are teserve , 1 eRn r eri ^r Virginia ifil dPpP7tEl. aa . l .. ...d pedeetriafj intended ??? i-n r • +- .... uiiiess ?ss ? ? $2- jaftuaT ' 100 ;T&e -14 --$3 ?? 9 5? ' - - - P-- .fe tezmma3s e tised f or ?cmm?rct?ri n,..?? ? . ? ---l- L ? t?_?. _ _ L ic a. 1 Y oa---=T Pe.rr? ? rentvrl-ar -- - - ? -- - ? , _ cent", Cl'CeT[tOSyltfti'p C'}ttbS- T3ti-ln1i?- - _ .? ?.. P13bliG ? i ?- - smb _a=10113 . - r- - - ; c12 ftl= ttSe= th-at -Qr-.T:-?.-? =? ,1...fa t , v 9' oCIZ'el! T21LLS! 1 7 V}- Jmmrm74 ) ?T sha3i--be egceept--€-e A'Jc? wi?-Y, .. a. -?+,n _"_ _ ? . r w .. varr.itsz v =dergroul l' k-sitla± z-eq'tri r?e--vr ?tegorp? emee}t offize? Pub- ' ' r ld l r?y _ ?e i ov 2?:s ,e.. statiens li?lle - M--f--a 19 rril a-- -? l z afnttseeRent- f a, il;t eubeleor nert W' C ? rtia±±y U tetIrPOT eiT ±7i7 _ ? ?.... l. uc 4?vii ?.] ?"'?e?iQe'ei ZL i ItfY?d v N _ a 44 rc_.-o _ r vt Gll irit•/ , TL r ??,j c=zrc- ?6- `8i Jamar , 9€ 9 Tr?r rYe" Prot exis ehar ,a; ? rr=r ,?. AiEe? r-idi a„a iteL L er- ea ?ef??a! §or icE4'i- ?e?v1- i ?a?a ? ?.v .?..... ect tin7 aeteT e?9 ??? ? ? , =,..- ---s, .?. t::at r ? ng aeadenties ,t: _, = mHo:.ed aJ L____ • E sales- tele-v 9ther appli .. 1 l i? Retai EyaC..L. athei- l _ ._ ? °ra_. ? isien _d hatisehol amees ._ ? L... +f r t ._1.... n? th__ tL--- ? a- ?. . _?,.,?l / -i....1 _? 4bnni dp i'7 .. ... nta4 retail a isf.l a s e ts, tl.?? a..iaaa. ? ster-aE} -cisQEl H, p+a-tr x i y3rEl6 , y-z-sqffis-attd previelea ? ?va1 . G___ [= --?t e e€ nebo-e= .: , _ _? n 7 f6r 3A? ?? ? , ti'Fi ? ? st--oregc-or d-' ahat-3-l ir-vl: ac- eZ-llewed,-?'tt1 `zixar o?evi rieri t1a= adm--'r?`--b^ Ok _ l 1 _ .S1TAIT LC ? _L'L_'4?T• rt - apar-tment e? _? , ., ?..en?..za? '?9 2zxg?.r 9i Farr?i l- 4. . 1 1 I ?-?iiy'i ' ?li?? , ^7? 7R-i°7QP . i =he ?Mse ...i . ( !i) thet2send i 60 €l8 9r-Ste'8-f'CY' ? L_ -1d 1.. V whAlP sdl'e-v'3tv L- J_ - _ _.__ri_u.........? v'ChrPl-C-'r?-ert 2-rl, " 8-'? jannary , V V tens, _ -- ---- ,--, del;,,e, ?. 1 J 11 7 1 G V ?? etred 1-2?a 1L'S ? ?- c 172-6, C .129 Netwithstanding ? subsee-ta;4,,, etttdeer p=-racas---Ft???t?? ? Q11b;I? ?" J c 1 " - 1 J Y aigigr- ?3T ? 8-8' ' ci IG11L GZC"?'* S 2? } T'f ±4"4 W++r+? r t e ??-?1 ,; a aa , ___ -? -??.+.-a.?.? a•1GtGtl.CL ? -- ' ±4-5 4Q4 1Y O ?? $i-t?t i nr+-?a r? • r- 34'9 v-------: ,,- - fl?? ,r?- a rr?_n • ? ?? 159 .,.. .1 ? ea?.??eea 175-1 eaf-e9 ?5Z - a L ? ? ?co}_ ? ?Y (111f ..7 ---- - - e??ae? - - -?? e ?4rca 1:5 9 av ece??at ?y,? L O 1 ?"Y _ C? '1 O G •Rp " ^n `?ax-y a+--20V V' (7 7 k&3 i rL 'a rri-ali-t; atitdeew ?? s+.1 r ?• a•• +'-c°cziE??A-?-e?FF?6???18e d^l? ? 1 l ?? ho Dl nnn;,, ni rantl,r t- ? °^^°---..-:th-_these --....?.? Eelated sbe?-???ae?--?---? a nri-?:?- iEe iti+si?}?-e ?ea ?a -ter- n lan4-_and 11'17 (2) mL -?LtrGTLx'tEEitu'r-CC! ElE S igss-o hGt ]3-'?mt8 rFFI t-0 ? t-ilcnr---s€ t-he v; ot,,,-; ,. kfM i ? Fi'9 t '_ - "' - - ._... _ t.. . 44 deteetalgle f3Fem-eutaide the-btr?iEling jet--C?t_h? }?' tzer.m?nerat ?v ? ; * ? ti or- ?-8-5 'Z'r ? ?, ? sidenee ; w#e r-e--Fie 3-$$ t , , 198 " 3-9t thp na?ghberheed Qi,d ed-?eF -' by-t#P-e9fiduet e€ sueh €€ t4re 1-93 , ? where the ap-t}v}t`r-i-s eendue-ted en tha-pr-ea?,se-6 ? k95 , mbe-r? 37" 3_36 +79.9 "?, • ?}?? 'r i?-t?estrtte-ti?r.e en-'vSSC z 99 Z$3 2-@? t is- e3# i. ? e5n4ueted- ? t 2_04 4 tL _ _,rete--g ?./ 7 2$6 aeeesseTy-a-e-tivities. ^- ---' - - nt i.. ? -_?eme-e-, . ? 2-6$ ' . 2-" 4'1 11 tT 1!I 1?i! 1 L 1 L 1 1 n?. 11[I7?jT'CT ? 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TT T-iiE-L)E-S1-6p-j?AFB. 1nl nF ,,, ? 1 TrFTrtTS?)TT T T _ VIY X n l -5- ?L? T T ST LIrGi LTII?Z ? th e / ' ? / ? NEW , / J GF U TDr`TTTTT DL+TGit [1TT 1V 1 1 ? ? ti 1 J ? A? 7 • t-6 1 / rU 1 J L II ? ? 2" ? ? z6 a4 24 -9-6- ? ? 9+ 3--rr e-I / E9k 984 c ? 1V7 ? -}- -?-- } iNe -4- ` ? -6- . , ' ?- -8- R1 ? . ? p . c emp as er an H9, , . 1-4 ? . ? s-?-?= FiL e--r?a . ? • }-9- maste- ? . , 2-1- ?-2- z 3- . GA--9? it'--t ? DP,a fi,9- imnmy?? t ? ? 1 1 1 ,in-BaPY24,2 06, A PPF,NniX 5 ACKNOWLEDGMENTS AND REFERENCES Acknowledgments The followiniz individuals served as participants in the Kempsville Center Strateg y Group from the fall of 2002 through the fall of 2005. Their input and advice were central to the development of the recommendations set forth in the Historic Kempsville Area Master Plan. Individuals indicated with a " * " served as the most regular attending members of the group. Peter Abraham Alma Anderson John Baldwin * Lorrie Bonney * Wanda Brooks Danny Bryant * Marion Buddo Hunter Clarke * Daniel Davis Frank Demasi Beth DoLlie Rex Fitch Charles Fletcher Rick Gregor David Grochmal Brooks Harris Pamela Ibanez * Allen Loree TonY L owery Stephen Mannix * Steve Mansfield Richard Matthews Matt Maxwell Glenn McClanan * Louis McKinnev * Doug McLiverty Ken Miller Charles Parks Historic Kenipsville Area Master Plan ADOPTED DRAIZF JannRiry 24,2006 89 Ellen Powell Elizabeth Predmore Todd Ratliff Jim Rose * Charlie Schindler * Catherine Schwartz Sarah Singer Earl Stanton * Jimmv Stocks * Kristy Svedburg Joan Upton Jim Werbiskis * Catherine Wilson * Marti Womble * The following individuals from Citv agencies, State agencies Citv elected officials Citv ap ointed officials, and Private Consultants are acknowledged as having provided invaluable assistance in the preparation of this Plan. Without their particular assistance and on oin articipation completion and subseQUent adoption of the Historic Kempsville Area Master Plan would not have been possible R. B. Allev Tony Arnold Irv Beard and Other Kempsville Elementary School Staff Clay Bernick Dean Block Bob Boyette Travis Campbell Dale Castellow Faith Christie Tim Cole Anne Companion Bill Davenport Robert Davis Jim DeBellis Ken Dierks Harrv Diezel Will Dinn Barbara Duke Chuck Eastman nan F.dwards Histoi•ic Keinpsville Ai•ea Mastei• Plan ADOPTED DRAFT Jaunairy 24, 2006 90 Marizaret Eure Frank Fentress John Fowler Barry Frankenfield Bob Gev Louise Hayes John Herzke Frank Hickman Mark Johnson Theron Knouse Jim Lawson Tv Lee Les Lillev Bill Macali Bill Mackev Robert Mandigo Betsy McBride Reba McClanan Bill Nash John Neal Larry Newcomb Tom Pauls Karen Prochilo Mark Reed Ron Ripley Carol Rizzio Chase Sargent Bob Scott Carolvn Smith Jeannette Smith Brian Solis Jim Spore Steve Thompson Keith Thornton Tonv Tolentino Mike Wade Horace Welsh Bobby Wheeler Stephen White Jack Whitnev Historic Kenipsville Area MAStei• Plau ADOPTED 0 Januar,y 24,2006 91 Perry Williams and Other Woodstock Elementary School Staff Peter Williams References The following documents and websites were utilized in the preparation of this plan: The American Viznola: A Guide to the Making of Classical Architecture with introductorv notes bv John Barrin on BUley and Henrv Hope Reed and a new foreword by Arthur Ross. Author: Ware, William R. (William Robert), 1832-1915. Published: New York: Dover Publications, 1994. The Virzinia Beach Comprehensive Plan The VirQinia Beach Outdoors Plan The VirPinia Beach Bikewavs and Trails Plan Martin Senour "WilliamsburQ" Exterior Paint Colors http://www.martinsenour.com/color collections/williamsbur .asp Sherwin Williains "Preservation Palette" Exterior Paint Colors http://www.sherwin-williams.com/do it vourself/paint colors/paint color alette/ color themeslclassic/pdfs/Classic ext.pdf TAMKO HeritaPe Premium Fiberglass Shingle Color Series http://www.twnko.com/OurKeyBrands/HERITAGELandingPage/tabid/l 08/ControlType / cateizoMDisplay/itemid/22/Default. aspx Histoi•ic Kenipsville Area Mastei• Plan ADOPTED D JannRry 24, 2006 92 Item #10 City of Virginia Beach - Comprehensive Plan Amendments Historic Kempsville Area Master Plan February 12, 2014 REGULAR An Ordinance to Amend the Historic Kempsville Master Plan by deleting Appendix 3 and revising the text of the plan pertaining to drive-through facilities. Below is a listing of the revisions to the Historic Kempsville Area Master Plan (adopted by City Council on January 24, 2006). The page(s) of the plan document referenced each of the items listed below are provided after this page. • Plan Cover - replacement of graphic and replacement of "Draft" with "Adopted." • All Pages - revision of page footer, inserting "Area" in "Historic Kempsville Area Master Plan" and replacing "Draft" with "Adopted." • Page 8- under the 'Floodplains' section, revision of last sentence to replace "minimum 1 foot elevation" with "minimum 2 foot elevation" and deletion of "and must carry flood insurance." Purpose of revisions is to ensure consistency of this section with the various amendments to the City Code pertaining to floodplains as adopted by the City Council on November 26, 2013. • Page 10 - under the 'Architectural Landmarks and Styles' section, replacement of page number referencing Appendix 4 from 123 to 65. • Page 19 - under the `Issues' section, deletion of last sentence pertaining to 'former mosquito control property,' as this issue is now resolved. • Page 25 - under `Land Use Concept' section, replacement of page number referencing Appendix 4 from 137 to 79. • Page 26 - under `Conceptual Village Plan by Quadrant' section, replacement of page numbers referencing Appendix 4 from `138 to 142' to'80 to 84.' • Page 27 - under'Architectural Fabric' section, replacement of page number referencing Appendix 4 from 144 to 86. • Page 28 - under `Adoption of City Zoning Ordinance Amendments and Other Ordinances' section, deletion of "Copies of the proposed amendments and new ordinances are found in Appendix on page 35 to page 112" and addition of "City Council has adopted these amendments, and further information concerning these provisions is found in Appendix 3 on page 53." • Page 30 - in the last sentence, replacement of page number referencing Appendix 4 from 145 to 87. • Page 53 - Insertion of the following text at the top of the page: On January 24, 2006, City Council adopted the Historic Kempsville Area Master Plan, along with ordinances to amend the City Zoning Ordinance to allow for implementation of the goals and recommendations of the Historic Kempsville Area Master Plan (Ordinances 2915 through Item #10 City of Virginia Beach - Comprehensive Plan Amendments Historic Kempsville Area Master Plan Page 2 2917).The City Council also amended the Official Zoning Map by the designation and incorporation of the Historic Kempsville Area Overlay District, formally designating the area of Historic Kempsville for regulatory purposes as set forth in the City Zoning Ordinance. Please refer to the City Zoning Ordinance (Appendix A of the City Code) Articles 1, 9, and 22, for regulations applicable to the B-4K Historic Kempsville Area Mixed Use District and the Historic Kempsville Area Overlay District. • Pages 53 through 111- Deletion of all text after the paragraph being added. Deleted content consists of the draft ordinances mentioned in the paragraph being added. • Pages 113 through 145 - Renumber as pages 54 through 87 • Addition of pages 88 through 92 as "Appendix S- Acknowledgements and References." A motion was made by Commissioner Hodgson and was seconded by Commissioner Horsley to approve item 10. AYE 10 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 10. NAY 0 ABS 0 ABSENT 1 ABSENT Clay Bernick appeared before the Commission. -102- Iteni -V-L.7b PLANNING ITEM #63739 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council re: HISTORIC KEMPSVILLE MASTER PLANAREA: DISTRICT 2- KEMPSVILLE b. APPROVED, BY CONSENT, ALTNERATE VERSION, Section 901 of the City Zoning Ordinance (CZO), re Drugstores with drive-through facilities in the B-4K Historic Kempsville Area Mixed-Used District, to ADD Standards for Drugstores with drive- through facilities in the B-4K Historic Kempsville Area Mixed-Used District and to AMEND Section 2003 to ADD drive-through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area Mixed-Used District Voting: 11-0 Council Members Tjoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April22, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ALTERNATE VERSION AN ORDINANCE TO AMEND CITY ZONING ORDINANCE SECTION 901, PERTAINING TO DRUGSTORES WITH DRIVE-THROUGH FACILITIES IN THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE DISTRICT, TO ADD SECTION 233.02, PERTAINING TO STANDARDS FOR DRUGSTORES WITH DRIVE-THROUGH FACILITIES IN THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE DISTRICT AND TO AMEND SECTION 2003, PERTAINING TO THE ADDITION OF DRIVE-THROUGH DRUGSTORE FACILITIES AS A CONDITIONAL USE IN THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE DISTRICT Sections Amended: City Zoning Ordinance Sections 901 and 2003 Section Added: City Zoning Ordinance § 233.02 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 901 and 2003 of the City Zoning Ordinance are hereby amended and Section 233.02 is hereby added and reordained to read as follows: ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS A. REGULATIONS RELATING TO LOTS,YARDS, HEIGHTS, OFF-STREET PARKING AND OFF-STREET LOADING C. CONDITIONAL USES AND STRUCTURES 41 Sec 233 02 Druqstores with drive-throuqh facilities in the B-4K Historic 42 Kempsville Area Mixed Use District. 43 44 Druqstores with drive-through facilities located in the B-4K District shall be 45 subject to the followina requirements: 46 47 (a) Drive-through facilities shall be located on the same parcel as the 48 structure within which the principal use for the drive-throuqh is located; 49 50 (b) Drive-through facilities shall be located on the rear side of the buildina, 51 facinq the interior of the block or within the qround floor of a parkinq structure, such that 52 the facility is not visible from a public riqht-of-wav; 53 54 (c) Drive-throuqh facilities shall not utilize exterior speakers that are audible at 55 the property line; 56 57 (d) Drive-throuqh facilities shall not operate before 10:00 a.m. or after 10:00 58 p.m.: 59 60 (e) Drive-throuqh facilities shall be restricted to one lane with direct service 61 from the drive-through window; 62 63 (fl There shall be no siqns for the drive-through facilitv on the buildinq or site, 64 with the exception of directional siqns not visible from a public riqht-of-wav. Such sians 65 shall not be internally illuminated; and 66 67 (q) An overhead canopv for the drive-through facilitv shall be allowed, except 68 that such canopy shall not project more than four (4) feet from the wall of the buildinq 69 above the drive-throuqh window and shall not exceed the width of the drive-throuqh 70 window by more than one (1) foot on each side. In no case, however, shall a drive- 71 throuqh facility have an overhead canopy that extends to cover the total lenath of a 72 drive-through lane. 73 74 .... 75 76 COMMENT 77 78 This amendment adds to the B-4K Historic Kempsville Area Mixed Use District regulations 79 the requirements for a conditional use permit for a drugstore drive-through. It requires that drive- 80 throughs not be visible or have any signs visible from the right-of-way. Canopies over drive- 81 through are also limited. 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 ARTICLE 9. BUSINESS DISTRICTS Sec. 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the 6-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. B-1 13-1A B-2 B-3 9-3A B-4 B-4C B-4K Drugstores, beauty shops and P P P P p- P P P barbershops and other similar personal service establishments; +ho R 4L! fliS+rint COMMENT This amendment deletes the prohibition of drive-through windows in the B-4K District in association with drugstores and removes the column for the B-3A District, as that district no longer exists. ARTICLE 20. THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT Sec. 2003. Use regulations. (c) Conditional Uses. Subject to general requirements and to the regulations of the underlying zoning district, all uses and structures permitted as conditional uses in the underlying zoning district in which they are located shall be permitted as conditional 3 115 uses within the Historic Kempsville Area Overlay District, as well as the following uses 116 and structures: 117 118 (1) Multiple-family dwellings in the B-4K (HK) Mixed Use District; 119 120 (2) Attached dwellings in the B-4K (HK) Mixed Use District; 121 122 (3) Commercial parking lots, parking garages and storage garages located in the 123 B-2 (HK) Community Business or B-4K Mixed Use District; and 124 125 (4) Drive-throuqh facilities for druastores in accordance with the provisions of 126 Section 233.02 in the B-4K (HK) Historic Kempsville Mixed Use District. 127 128 .... 129 130 COMMENT 131 132 This amendment allows drive-through facilities for drug stores as a conditional use in the 13- 133 4K Historic Kempsville Area Mixed Use District. 134 135 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 2 nd day 136 Of April , 2014. APPROVED AS TO CONTENT Planning CA12519 R-10 April 21, 2014 APPROVED AS TO LEGAL S FFICIENCY: C _ A ?4? , -, - City Attorney's Office 4 -103- Item -V-L.7c PLANNING ITEM #63740 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council re: HISTORIC KEMPSVILLE MASTER PLANAREA: DISTRICT 2- KEMPSVILLE c. DEFERRED INDEFWITELY, BY CONSENT: Conditional Use Permit (City and S.L. Nusbaum) for a drive-through DYUgstore at Princess Anne and South Witchduck Roads District Voting: 11-D Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -104- Item -V-L.7d(1/2) PLANNING ITEM #63741 Upon motion by Vice Mayor .Iones, seconded by Council Lady Wilson, City Council re: HISTORIC KEMPSVILLE MASTER PLANAREA: DISTRICT 2- KEMPSVILLE d. APPROVED, BY CONSENT: Street Closures - Unimproved portions of right-of-ways (1) Singleton Way (formerly Princess Anne Road) [two (2) different parcels] (2) Singleton Way (formerly Princess Anne Road) and South Witchduck Road (formerly Kempsville Road) Voting: 11-0 Council Members Voting Aye: Robert M. DyeY, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Coatncil Members Voting Nay: None Council Members Absent: None April22, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE APPROVING APPLICATION OF THE CITY OF VIRGINIA BEACH FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF A PORTION OF THE RIGHT- OF-WAY OF SINGLETON WAY (FORMERLY PRINCESS ANNE ROAD), ADJACENT TO THE NORTH SIDE OF THE PARCEL IDENTIFIED BY GPIN 1466-78-0931 ("PARCEL E"). WHEREAS, Princess Anne Road in the City of Virginia Beach has been partially relocated as part of the Princess Anne Road/Kemspville Road Intersection Improvements Project (CIP 2-048); WHEREAS, a section of Princess Anne Road in its former location has been re-named Singleton Way; WHEREAS, Singleton Way has excess right-of-way area which is no longer needed for traffic flow, as the roadway is being converted from a four-lane road to a two-lane road; WHEREAS, the City of Virginia Beach (the "City" or "Applicant") is the fee simple owner of Singleton Way; WHEREAS, as part of the Princess Anne Road/Kempsville Road Intersection Improvements Project, the City acquired property and easements from Emmanuel Protestant Episcopal Church of Kempsville (the "Church"); WHEREAS, the City proposed as part of a settlement with the Church, that a portion of Singleton Way adjacent to Church property would be closed and conveyed to the Church pending Council approval; WHEREAS, the City has applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of-way discontinued, closed, and vacated and thereafter conveyed to the Church under certain conditions; and WHEREAS, it is the judgment of the Council that said portion of right-of- way be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I GPIN: City right-of-way no GPIN assigned Adjacent to 1466-78-0931 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Councii's adoption of this ordinance: PARCEL `E' on Exhibit A ALL THAT certain lot, tract, or parcel of land, together with the improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated as "AREA OF PROPOSED STREET CLOSURE (18,014 SQ. FT., 0.414 AC.)," as shown on that certain plat entitled: "STREET CLOSURE EXHIBIT OF A 18,014 SQ. FT. (0.414 AC.) PORTION OF SINGLETON WAY (A PUBLIC RM/) (FORMERLY PRINCESS ANNE ROAD) BETWEEN S. WITCHDUCK ROAD (RTE 190) AND PRINCESS ANNE ROAD (RELOCATED) (INST. NO 20130315000305320) VIRGINIA BEACH, VIRGINIA EXCLUSIVELY FOR EMMANUEL PROTESTANT EPISCOPAL CHURCH OF KEMPSVILLE," Scale: 1" = 100', dated February 4, 2014, prepared by WPL. The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally 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. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the Applicant seeking this street closure. The City shall ensure that the property is resubdivided and internal lot lines are vacated to incorporate the closed areas into the adjoining parcei. The plat must be submitted and approved for recordation prior to final street closure approval. The City shall convey the area to Emmanuel Protestant Episcopal Church of Kempsville (the "Church") in conjunction with the resubdivision process. The Applicant shall verify that no private utilities exist within the right-of- way proposed for closure. If private utilities do exist, the Applicant or the Church shall provide easements satisfactory to the utility companies. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions 2 93 noted above are not in compliance within one (1) year of the City Council vote to close 94 the street, this approval will be considered null and void. 95 96 SECTION III 97 98 1. If the preceding conditions are not fulfilled on or before April 22, 99 2015, this Ordinance will be deemed null and void without further action by the City 100 Council. . 101 102 2. If all conditions are met on or before April 22, 2015, the date of final 103 closure is the date the street closure ordinance is recorded by the City Attorney. 104 105 3. The City Manager or his designee is authorized to execute 106 whatever documents, if any, that may be required to comply with the preceding 107 conditions, provided said documents are approved by the City Attorney's Office. 108 109 110 SECTION IV 111 112 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 113 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 114 OF VIRGINIA BEACH as "Grantor" and "Grantee". 115 116 22nd Adopted by the Council of the City of Virginia Beach, Virginia, on this 117 day of April , 2014. 118 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12554 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D005\P020\00114348.DOC R-1 4/10/14 APPROVED AS TO CONTF_NT: 3 EXHIBIT a 8 A m S: F-[1TTHIS ? EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED R16HT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS N wA y PROPERTY. VqR R/?'? 11IG?K3LETON PR/NCESS ANNE ROAD) (FORMERLY 8 M B 76, P. 34) (M (/NST 200302280031557) AREA OF PROPOSED STREET CLOSURE N 88'15'33" E (18,014 SQ. Ff., 0.414 AC.) A_27710' R=772.50, 0=20'3,3'08•• PROPOSED E 1? 42 R/W UNE ? ??¢ N N 78'13 S 82'32'07 E¢6'47? '?38.45? so t7'25 79.67' S 82'35'38" E 1 0 41.31' ? Z ? PROPOSED N 04'15'32" W 21.74' Q = If EXISTING 1.93' , ? N 8500'50" E A=98.88 ? U? ? ? ? R/W LINE L q=1g,g1' 30.10' R=725.00' -j w ° I R=143.18' A =7*48'52" z ~ _ ? rn oi'i ? A =7'58'08" O U cl) I ? a v cc J CL 00 ZE to ? W R=75.00 U ?0- W? K') !' ? A =28'46'03" Q 00 ?WOY? ?, NZ m a Q? o P A R C E L 1E1 S 34101'01- E? 1 4 6 6 7 8 0 9 3 1 17 07' N Z-CO ? W ? (INST 20130315000305320) " o ? co W =__?? 3 d GG 'i h ?> to II ? N 17*3421" E o a O? l? = 30.91' ? I-- r,?'Sr 0o N NC . o o s??4,o? ocE` s s9 N?? o6,,s ? o94 ? II ?? ? ? k:` 1 k6 ?vs•?,° ?o? oos ?oJ ?i,?, -q.?,?F ? a ?-'10'31" yy 5 oo?? ? ?J?? ?Op p A=160.26' ?B ??9p olR=1122.50' o ??2??80J A =8'10'48 " ? , SQ? N 73'26 '.3/ ? W % STPJMff CLOSURE EXHEBff SHEET 1 OF 1 OF A -------;'___-------_ 18,014 SQ. FT. (0.414 AC.) PORTION OF SINGLETON 1fAY (A PUBLIC R/lf) (FORI[ERLY PRINCESS ANNE ROAD) BEl'IIEEN S. lI1TCHDUCB ROAD (RTE 190) AND PItINCESS ANNE ItOAD (RELOCATED) (IId3T No 20130315000505320) VIRGINIA BEACH, VIRGINIA ?adecape9jverMehitecturo Ezclusively for CivH, Enqiieermy PROTESTANT EPMCOPN. L'HLIRCH OF KBAPSVLLE oom 757.431.1041 rumxLsEaWan ffXKw M SCAI.E: 1°= 100' 04 FEBRUARY, 2014 ?CAD/chk: TMF/els CITY OF VIRGINIA HEACH, VA F.B. P. PLAT: JN:213-01601j I 1 ORDINANCE APPROVING APPLICATION OF THE 2 CITY OF VIRGINIA BEACH FOR THE 3 DISCONTINUANCE, CLOSURE AND 4 ABANDONMENT OF A PORTION OF THE RIGHT- 5 OF-WAY OF SINGLETON WAY (FORMERLY 6 PRINCESS ANNE ROAD), ADJACENT TO THE 7 NORTH SIDE OF THE PARCEL IDENTIFIED BY 8 GPIN 1466-68-7951 ("PARCEL C"). 9 10 11 WHEREAS, Princess Anne Road in the City of Virginia Beach has been 12 partially relocated as part of the Princess Anne Road/Kemspville Road Intersection 13 Improvements Project (CIP 2-048); 14 15 WHEREAS, a section of Princess Anne Road in its former location has 16 been re-named Singleton Way; 17 18 WHEREAS, Singleton Way has excess right-of-way area which is no 19 longer needed for traffic flow, as the roadway is being converted from a four-lane road 20 to a two-lane road; 21 22 WHEREAS, the City of Virginia Beach (the "City" or "Applicant") is the fee 23 simple owner of Singleton Way; 24 25 WHEREAS, as part of the Princess Anne Road/Kempsville Road 26 Intersection Improvements Project, the City acquired property and easements from 27 Emmanuel Protestant Episcopal Church of Kempsville (the "Church"); 28 29 WHEREAS, the City proposed as part of a settlement with the Church, 30 that a portion of Singleton Way adjacent to Church property would be ciosed and 31 conveyed to the Church pending Council approval; 32 33 WHEREAS, the City has applied to the Council of the City of Virginia 34 Beach, Virginia, to have the hereinafter described right-of-way discontinued, closed, and 35 vacated and thereafter conveyed to the Church under certain conditions; and 36 37 WHEREAS, it is the judgment of the Council that said portion of right-of- 38 way be discontinued, closed, and vacated, subject to certain conditions having been 39 met on or before one (1) year from City Council's adoption of this Ordinance. 40 41 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 42 Virginia Beach, Virginia: 43 44 45 GPIN: City right-of-way no GPIN assigned 46 Adjacent to GPIN: 1466-68-7951 47 48 SECTION I 49 That the hereinafter described street be discontinued, closed and vacated, 50 subject to certain conditions being met on or before one (1) year from City Council's 51 adoption of this ordinance: 52 53 PARCEL `C' on Exhibit A 54 ALL THAT certain lot, tract, or parcel of land, together with 55 the improvements thereon belonging, lying, situate and 56 being in the City of Virginia Beach, Virginia and designated 57 as "AREA OF PROPOSED STREET CLOSURE (3,780 SQ. 58 FT., 0.087 AC.)," as shown on that certain plat entitled: 59 "STREET CLOSURE EXHIBIT OF A 3,780 SQ. FT. (0.087 60 AC.) PORTION OF SINGLETON WAY (A PUBLIC RNV) 61 (FORMERLY PRINCESS ANNE ROAD) BETWEEN S. 62 WITCHDUCK ROAD (RTE 190) AND PRINCESS ANNE 63 ROAD (RELOCATED) (INST NO 20130315000305320) 64 VIRGINIA BEACH, VIRGINIA EXCLUSIVELY FOR 65 EMMANUEL PROTESTANT EPISCOPAL CHURCH OF 66 KEMPSVILLE," Scale: 1" = 50', dated April 25, 2013, 67 prepared by WPL. 68 69 SECTION II 70 71 The following conditions must be met on or before one (1) year from City 72 Council's adoption of this ordinance: 73 74 The City Attorney's Office will make the final determination regarding 75 ownership of the underlying fee. The purchase price to be paid to the City is normally 76 determined according to the "Policy Regarding Purchase of City's Interest in Streets 77 Pursuant to Street Closures" approved by City Council. Copies of the policy are 78 available in the Planning Department. No purchase price shall be charged in this street 79 closure, however, because the City is both the owner of the underlying fee and the 80 Applicant seeking this street closure. 81 82 The City shall ensure that the property is resubdivided and internal lot 83 lines are vacated to incorporate the closed areas into the adjoining parcel. The plat 84 must be submitted and approved for recordation prior to final street closure approval. 85 86 The City shall convey the area to Emmanuel Protestant Episcapal Church 87 of Kempsville (the "Church") in conjunction with the resubdivision process. 88 89 The Applicant shall verify that no private utilities exist within the right-of- 90 way proposed for closure. If private utilities do exist, the Applicant or the Church shalf 91 provide easements satisfactory to the utility companies. 92 2 93 Closure of the right-of-way shall be contingent upon compliance with the 94 above stated conditions within one (1) year of approval by City Council. If all conditions 95 noted above are not in compliance within one (1) year of the City Council vote to close 96 the street, this approval will be considered null and void. 97 98 SECTION III 99 100 1. If the preceding conditions are not fulfilled on or before April 22, 101 2015, this Ordinance will be deemed null and void without further action by the City 102 Council. 103 104 2. If all conditions are met on or before April 22, 2015, the date of final 105 closure is the date the street closure ordinance is recorded by the City Attorney. 106 107 3. The City Manager or his designee is authorized to execute 108 whatever documents, if any, that may be required to comply with the preceding 109 conditions, provided said documents are approved by the City Attorney's Office. 110 111 112 SECTION IV 113 114 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 115 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 116 OF VIRGINIA BEACH as "Grantor" and "Grantee". 117 118 22nd Adopted by the Council of the City of Virginia Beach, Virginia, on this 119 day of Apr } i , 2014. 120 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO LEGAL SUFFICIENCY: -, City Attorney CA12554 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D005\P020\00114333.DOC R-1 4/10/14 APPROVEI] AS TO CONTENT: Planni 3 I r NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE, 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. AREA OF PROPOSm STREEi CLOSURE (3,780 SQ. FT., 0.087 AC.) - PROPOSED A=85.23' R/W L/NE R=263.07' - A =18'3345 N EXHI 0 ? E A m N WA Y VAR R? ROAD) ?SED SIN(?LEr?N N RINCESS ANN P• 34) PRo 1557) , R (FORME 40, P• 8)(M'B'Op376, (M (INSr 200302' 8,o?„ E 108.57 ?? ? , 2 IN NING ?'? M?BEGIN OF ? EXISTING L l R/W LINE A=54.39' R=273.Q0' A =11'24'56° ?- S 02'30'30" E 7.56' N 80' 15'29" E S I A=97.49' .19' R=861.01' Po/NT OF I n _9•10',d° COMMENCEMENT A=61.48' R=482.50' A --r 1$ 02 PARCEL 'C' 1466-68-7951 (INST 20130315000305320) .O NZ ti 3r .so . ?p?06tpO?OS1?Q?-4 OCI.p j <? oooV'A 0 F O? I I I I I ? I I? N I? II I li N o??i N W ? ? N 0 ? - 4.65' J Q d U W CO J W j z ? ? iLJ Z?Wo ?Y? ? w It, , ?05? J cr- W ? 2 ¢ U ? W -?] I I A=3 ,7.02' R=1200.71 ,& =1_4559 N 66r 14'23 W ? ,? • - - . ?• ?' \\ ? BIT ?CAD/chk: TMF/els ? CITY OF VIRGINIA BEACH, VA I F.B. P. ? PLAT: ? JN: 213-0160? 1 ORDINANCE APPROVING APPLICATION OF THE 2 CITY OF VIRGINIA BEACH FOR THE 3 DISCONTINUANCE, CLOSURE AND 4 ABANDONMENT OF A PORTION OF THE RIGHTS- 5 OF-WAY OF SINGLETON WAY (FORMERLY 6 PRINCESS ANNE ROAD) AND S. WITCHDUCK 7 ROAD (FORMERLY KEMPSVILLE ROAD) AND 8 PRINCESS ANNE ROAD (RELOCATED) ADJACENT 9 TO THE NORTH, EAST, AND SOUTHEAST SIDES 10 OF THE PARCEL IDENTIFIED BY GPIN 1466-78- 11 3845 ("PARCEL D"). 12 13 WHEREAS, Princess Anne Road and Kempsville Road in the City of 14 Virginia Beach have each been partially relocated as part of the Princess Anne 15 Road/Kemspville Road Intersection Improvements Project (CIP 2-048); 16 17 WHEREAS, a section of Princess Anne Road in its former location has 18 been re-named Singleton Way and a section of Kempsville Road in its former location 19 has been re-named S. Witchduck Road; 20 21 WHEREAS, Singleton Way and S. Witchduck Road each have excess 22 right-of-way area which is no longer needed due to the realignment of the intersection; 23 24 WHEREAS, the City of Virginia Beach (the "City" or "Applicant") is the fer= 25 simple owner of Singleton Way, S. Witchduck Road, and Princess Anne Road; 26 27 WHEREAS, as part of the Princess Anne Road/Kempsville Road 28 Intersection Improvements Project, the City acquired the property now idAntified by 29 G P I N 1466-78-3845; 30 31 WHEREAS, the City proposes to close the subject rights-of-way and add 32 them to GPIN 1466-78-3845 to provide a better land configuration and make the land 33 more readily developable; 34 35 WHEREAS, the City has applied to the Council of the City of Virginia 36 Beach, Virginia, to have the hereinafter described rights-of-way discontinued, closed, 37 and vacated under certain conditions; and 38 39 WHEREAS, it is the judgment of the Council that said portion of rights-of- 40 way be discontinued, closed, and vacated, subject to certain conditions having been 41 met on or before one (1) year from City Council's adoption of this Ordinance. 42 43 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 44 45 GPIN: City right-of-way no GPIN assigned 46 Adjacent to 1466-78-3845 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: PARCEL `D' on Exhibit A ALL THAT certain lot, tract, or parcel of land, together with the improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated as "AREA OF PROPOSED STREET CLOSURE `D-1' (28,095 SQ. FT., 0.645 AC.)," and "AREA OF PROPOSED STREET CLOSURE `D-2' (1,931 SQ. FT., 0.044 AC.)" as shown on that certain plat entitled: "STREET CLOSURE EXHIBIT OF A 28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY (FORMERLY PRINCESS ANNE ROAD) AND S. WITCHDUCK ROAD (RTE 190) AND A 1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELOCATED) AND S. WITCHDUCK ROAD (RTE 190) (PUBLIC-RIGHT-OF-WAYS)(INSTNO 20130315000305320) VIRGINIA BEACH, VIRGINIA EXCLUSIVELY FOR CITY OF VIRGINIA BEACH," Scale: 1" = 100', dated February 4, 2014, prepared by WPL. SECTION II y The following conditions must be met on or before one (1) year from Cit, Council's adoption of this ordinance: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally 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. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the Applicant seeking this street closure. The Applicant shall ensure that the property is resubdivided and internal lot lines are vacated to incorporate the closed areas into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 2 92 The Applicant shall verify that no private utilities exist within the rights-of- 93 way proposed for closure. If private utilities do exist, the Applicant shall ensure that 94 easements satisfactory to the utility companies are provided. 95 96 Closure of the rights-of-way shall be contingent upon compliance with the 97 above stated conditions within one (1) year of approval by City Council. If all conditions 98 noted above are not in compliance within one (1) year of the City Council vote to close 99 the street, this approval will be considered null and void. 100 101 SECTION III 102 103 1. If the preceding conditions are not fulfilled on or before April 22, 104 2015, this Ordinance will be deemed null and void without further action by the City 105 Council. 106 107 2. If all conditions are met on or before April 22, 2015, the date of final 108 closure is the date the street closure ordinance is recorded by the City Attorney. 109 110 3. The City Manager or his designee is authorized to execute 111 whatever documents, if any, that may be required to comply with the preceding 112 conditions, provided said documents are approved by the City Attorney's Office. 113 114 115 SECTION IV 116 117 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 118 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 119 OF VIRGINIA BEACH as "Grantor" and "Grantee". 120 121 22nd Adopted by the Council of the City of Virginia Beach, Virginia, on fihis 122 aay of April , 2014. 123 APPROVED AS TO_L L APPROVED AS TO CONTENT: SUFFICIENCY: = City Attorney Planni g artment \\vbgov. com\DFS 11Applications\CityLawProd\cycom32\Wpdocs\D005\P020\00114349. DOC CA12554 R-1 4/10/14 3 I r I L EXHIBIT ? N O TE S: A AREA OF PROPOSED SiREET CLOSURE 'D-1' Bm 1. THIS EXHIBIT 15 INTENDED TO SHOW THE AREA Of (2g,pg5 SQ, FT,, 0.645 AC.) PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT s//vo` INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. (FO ETON 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS R'tfFR? y ^' V?9R " PROPERTY. A=88.85' B. R/Nc 40 R=772.50' aNST P B 'qNNE',Q '9y ? A =6'3524" ?pp3°, 16• qp h a zao° • ?° J4) W s 0?22'22° w3>ss> ?o 9.85' J n h ? ?-? ,"???. N r ¢? 8? ?¢ 2'35'38" E?, ?0 F , 101.83' S 82'30'20" . ?"?, . N A=98.88 80.07' R=725.00' ? 0 Z A=36.78' ry?' ? ? ? 0 =T48'S2" R=673.70' PARCEL E N/F Z= p=3'07'40" EMMANUEL PROTESTANT ? W A=38.08' c EPISCOPAL CHURCH m R=32.00' ? ? ?rt?ry, •?. ,?h •? A =68' 1 1'22 0,?' OF KEMPSVILLE A=37.66' EXISTING 1466-78-0931 R=75.00' R/W LINE A =2846 03" ? o N O ? Ln tV ? ?? ^ ^ ? M ? '- N `•? ? ° ? °e y ? o LO ° rO Lu ? ?M o o ? .?-4? y?+4'Q?S ? ^ o Z W°or °"'';n, ? r"' 00J?0? ? ??? m ? ^:m ?h? ° *< _?_ . ? -, cti Q % N 4020'28" E 6.99' 7.20' 12??, ? N 402028" E 18.97' ? 3.85'21'33" W ?O ¢235' 1?6232 w A=38.15' A=104.39' 105.78' S 69 5 52' R=8750' R=1122.50' A =2438'55" ,& =5'19'43" N 1? A=6.43' 8O'1146" !Y PR/NCESS ANNE ROAO N 49'39 :32' w 4.00' (RELOCA TED) - VAR R/W N S 4020 2B ° W 31.26' (/NST 20090519000553070)(INST 20091019001219680) A=45.15' q(ZEp OF PROPOSED STREEf CLOSURE 'D-2' (/NST 20f00203000113230)(/NST 20100409000329350) R=43.50' (1,931 SQ. Ff., 0.044 AC.) (/NST 20100507000436780)(M.B. 114, P. 21) A =59'27'51 " $TPJW CIDSVRE ?IT SHEET 1 OF 1 OF A 28,095 5Q. FT. (0.645 AC.) PORTION OF SINGLETON 1fAY (FORI[ERLY PRINCBSS ANNE ROAD) AAND AS. W1TCHDUCK ROAD (RTE 190) 1,931 SQ. PT. (0.044 AC.) PORTION OF PItINCFSS ANNE ROAD (RSt.ocATEn) AND 3 1RTCHDUCK ROAD (RTE iso) (rvMc a2GaT6-0l-VAT9xUW xo zoisosisooosasszo) La„de,pe "itectur, VtRGINIA BEACH, VIRGINIA Larid S+rr!9 Escluaively for Cin1 Enqirroennq w.?m ?5z?t.?o4? CITY OF VRaN?NA BEACH ?MIWW61b?1 SIE erNAM ffNpKM 23?1 SCALE: 1" = 100' 04 FEBRUARY, 2014 CAD/cLlc TMF/els CITY OF VIRGINIA BEACH, VA F.B. P. PLAT: JN:213-0160? -105- ITEM V-M APPOINTMENTS ITEM #63742 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREEN RIBBON COMMITTEE PARKS and RECREATION COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD 2040 VISION TO ACTION COMMUNITY COALITION April22, 2014 -106- ITEM V-M APPOINTMENTS ITEM #63743 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Juanita G. Felton Benito Loyola FouY Year Term 0710112014 - 0613012018 ARTS and HUNANITIES COMMISSION Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent.• None April22, 2014 -107- ITEM V-M APPOINTMENTS ITEM #63744 Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED: COUNCILMAN JOHN E. UHRIN COUNCILMAN JAMES L. WOOD Three Year Term 0510112014 - 0413012017 A UDIT COMMITTEE Voting: 11-0 Council Members Yoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April22, 2014 -108- ITEM V-M APPOINTMENTS ITEM #63745 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOSEPH A. MILLER Three Year Term 0710112014 - 0613012017 BA YFRONTADVISORY COMMISSION Yoting: 11-0 Council Members Poting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April22, 2014 -109- ITEM Y-M APPOINTMENTS ITEM #63746 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: KENNETH D. JOBE L. ARTHUR JONES Three Year Term 0710112014 - 0613012017 BEACHES and WATERWAYS ADVISORY COMMISSION Voting: 11-0 Coacncil Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -110- ITEM V-M APPOINTMENTS ITEM #63747 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: BRUCE H. DOYLE Three Year Term 0710112014 - 0613012017 BIKEWAYS and TRAILS ADVISORY COMMITTEE Voting: 11-0 Council Members VotingAye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -111- ITEM V-M APPOINTMENTS ITEM #63748 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: CHIEF JAMES A. CERVERA Three Year Term 0710112014 - 0613012017 CHESAPEAKE BAYALCOHOL SAFETYACTION PROGRAM Voting: 11-0 Coiincil Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, JY., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members TTOting Nay: None Council Members Absent: None April22, 2014 -112- ITEM V-M APPOINTMENTS ITEM #63749 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: VICE MAYOR LOUIS R. JONES CO UNCILMAN JOHN E. UHRIN Two Year Term 0710112014 - 0613012016 HAMPTON ROADS PLANNING DISTRICT COMMISSION Voting: 11-0 Council Members Yoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -113- ITEM V-M APPOINTMENTS ITEM #63750 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: NICHOLAS F. ANOIA Three Year Term 0610112014 - 0513012017 OPENSPACE ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, .Ir., John E. Uhrin, Rosemary Wilson and James L. Wood Coacncil Members Voting Nay: None Council Members Absent: None April22, 2014 -114- ITEM V-M APPOINTMENTS ITEM #63751 Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED: BROOKE BRADY, Junior/First Colonial High School Two Year Term 0910112014 - 0613012016 PUBLIC LIBRARY BOARD Yoting: I1-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Poting Nay: None Council Members Absent: None April22, 2014 -115- ITEM V-M APPOINTMENTS ITEM #63752 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: NONYABRAJANO DONNA S. MORRIS LUCYNTHIA RAWLS ROWENA G. WILSON Four Year Term 0710112014 - 0613012018 SOCIAL SERVICES BOARD Voting: 11-0 Council Meinbers Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -116- ITEM V-M APPOINTMENTS ITEM #63753 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: BARBARA BRINSON Four Year Term 0710112014 - 0613012018 TIDEWATER YOUTH SER VICES COMMISSION Yoting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Troting Nay: None Council Members Absent: None April22, 2014 -117- ITEM V-M APPOINTMENTS ITEM #63754 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: COUNCILMAN JOHN E. UHRIN COUNCILMAN JAMES L. WOOD Two Year Term 0710112014 - 0613012016 TRANSPOR TA TION DISTRICT COMMISSION OF HAMPTON ROADS Voting.• I1-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April22, 2014 -118- Item -V-P ADJO URNMENT ITEM #63690 Mayor William D. Sessoms, Jr., DECLARED the Ciry Council Meeting ADJDURNED at 7:26 P.M. ? Mf Amanda Finley- arne , C C Chief Depury City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor April 22, 2014