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HomeMy WebLinkAbout2-1-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0N11:4FAC MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR ROSEMARY WILSON,At Large O V MICHAEL F.BERLUCCHI,Rose Hall-District 3 LINWOOD O.BRANCH,Lynnhaven-District 5 U y'- �: S BARBARA M.HENLEY,Princess Anne-District 7 N.D. "ROCKY"HOLCOMB,Kempsville-District 2 LOUIS R.JONES,Bayside-District 4 '*4. .t` JOHND.MOSS,At Large °° °u. ..+‘0"' AARONR.ROUSE,At Large GUYK.TOWER,Beach-District 6 SABRINA D. WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINL4 23456-9005 CITYATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR February 1, 2022 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - City Council Chamber- 3:30 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Debra M. Bryan, Legislative Affairs Liaison II. CITY COUNCIL LIAISON REPORTS 4:00 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:15 PM IV. CITY COUNCIL AGENDA REVIEW 4:45 PM V. INFORMAL SESSION - City Council Chamber- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 18, 2022 G. PUBLIC COMMENT 1. LEGISLATIVE REQUEST TO ADD AMENDMENT OF THE MARRIAGE PROVISION OF THE CONSTITUTION OF VIRGINIA (Requested by Council Member Berlucchi) H. PUBLIC HEARING 1. EXCHANGE OF EXCESS CITY PROPERTY 2393 North Landing Road to Princess Anne Village, LLC (Approximately 43,140 sq. ft. of City-owned property) I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE approximately 43,140 square feet of City property at 2393 North Landing Road in EXCESS of the City's needs and AUTHORIZE the City Manager to EXECUTE all disposition and exchange documents with Princess Anne Village,LLC and Kellam and Eaton, Incorporated re Foxfire Trail 2. Resolution/Ordinances to AMEND (Deferred from January 18, 2022): a. Chapter 8-Stormwater Management of the Public Works Design Standards Manual re bring into compliance b. Sections 1-3, 1-6, 1-12, 1-13, 1-14, 1-15, 1-21, 1-26, 1-28 and 1-30 City Code,Appendix D re Stormwater Appeals Board c. Sections 1.1, 1.2, 1.3, 1.8, 2.1, 2.2, 2.3, 2.4, 2.8, 2.11, 3.1, 4.1, 4.2, 4.3, 4.4,4.6, 4.8, 4.9, 4.10, 5.1, 6.1 and 6.3 City Code Floodplain Ordinance, Appendix K re housekeeping the deletion of Public Works requirements and the addition of a Coastal A Zone and a Coastal High Hazard Zone 3. Ordinance to CONFIRM the Declaration of a Local Emergency re Winter Storm Jasper 4. Resolution to DECLARE 1049 and 1053 Virginia Beach Boulevard to be a Revitalization Area re qualify for Virginia Housing Financing 5. Ordinance to AUTHORIZE temporary encroachments into portions of the City's right-of- way known as 36th Street and Atlantic Avenue (commonly referred to as the "City Greenbelt") adjacent to 3601 Atlantic Avenue by Belvedere Hotel Investments Associates, LLC re install and maintain a seat wall, landscaping, storm drain, concrete flume and irrigation system DISTRICT 6—BEACH 6. Ordinance to ESTABLISH Capital Projects 1-030 and 1-031 and APPROPRIATE $54,938,822 in FY 2020-21 Schools Reversion and Revenue Sharing Formula Funds (Requested by Vice Mayor Wilson) 7. Ordinance to AUTHORIZE longevity and college incentives for the sworn employees of the Fire Department and Emergency Medical Services, as well as Employees in the Emergency Communications Division of Emergency Communications and Citizen Services and TRANSFER$1,216,553 from vacancy savings within the General Fund to the FY 2021-22 Fire Department, Emergency Medical Services, Division of Emergency Communications and Citizen Services Operating Budgets K. PLANNING 1. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications (Deferred from January 4, 2022) RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION—DENIAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda(including all backup documents)is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@,vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=efe99e2fe546c34ae7e94510db97f4c9f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 1, 2022. I. CITY COUNCIL'S BRIEFING - City Council Chamber- 3:30 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Debra M. Bryan, Legislative Affairs Liaison II. CITY COUNCIL LIAISON REPORTS 4:00 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:15 PM IV. CITY COUNCIL AGENDA REVIEW 4:45 PM V. INFORMAL SESSION - City Council Chamber- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 18, 2022 G. PUBLIC COMMENT 1. LEGISLATIVE REQUEST TO ADD AMENDMENT OF THE MARRIAGE PROVISION OF THE CONSTITUTION OF VIRGINIA (Requested by Council Member Berlucchi) ,, ,, wr {Sj f '' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Add A Legislative Request to the 2022 Legislative Agenda Regarding Amendment of the Marriage Provision of the Constitution of Virginia PUBLIC COMMENT DATE: February 1, 2022 MEETING DATE: February 15, 2022 • Background: In 2006, the Constitution of Virginia was amended to define marriage as only a union between one man and one woman. Provisions of state constitutions or state laws such as that, however, are no longer valid as a result of the United States Supreme Court 2015 decision in Obergefell v. Hodge. Last year, the General Assembly approved a proposed amendment to this provision of the Constitution of Virginia, but the amendment must also be approved in a subsequent session before it can be placed on the ballot for consideration by the Virginia's voters. • Considerations: Approval of Senate Joint Resolution No. 5 or House Joint Resolution No. 57 in the current session would enable the General Assembly to place on the ballot, for consideration by Virginia's voters, a constitutional amendment to provide that the right to marry is a fundamental right inherent in the liberty of persons and to require the state and localities to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. The amendment also would provide that religious organizations and clergy have the right to refuse to perform any marriage. This amendment would show that the Commonwealth values equality by removing discriminatory text from the Constitution and affirming the fundamental right to marry for all citizens. Approval of this amendment by the voters would benefit Virginia residents, and for people and businesses in other states that are considering relocating to Virginia or are considering Virginia as an event location or vacation destination, it would demonstrate that Virginia values equality. This resolution supports the approval of Senate Joint Resolution No. 5 or House Joint Resolution No. 57. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Berlucchi REQUESTED BY COUNCILMEMBER BERLUCCHI 1 A RESOLUTION TO ADD A LEGISLATIVE 2 REQUEST TO THE 2022 LEGISLATIVE AGENDA 3 REGARDING AMENDMENT OF THE MARRIAGE 4 PROVISION OF THE CONSTITUTION OF 5 VIRGINIA 6 7 WHEREAS, in 2006, the Constitution of Virginia was amended to define marriage 8 as only a union between one man and one woman; 9 10 WHEREAS, provisions such as that are no longer valid as a result of the United 11 States Supreme Court 2015 decision in Obergefell v. Hodges; 12 13 WHEREAS, during its 2021 Special Session I, the General Assembly approved a 14 proposed amendment to the Constitution of Virginia, but the amendment must also be 15 approved in the current 2022 session before it can be placed on the ballot for 16 consideration by the Virginia's voters; 17 18 WHEREAS, approval of Senate Joint Resolution No. 5 or House Joint Resolution 19 No. 57 in the current session would enable the General Assembly to place on the ballot 20 for consideration by Virginia's voters an amendment to the Constitution of Virginia to 21 provide that the right to marry is a fundamental right inherent in the liberty of persons and 22 to require the Commonwealth and its political subdivisions and agents to issue marriage 23 licenses, recognize marriages, and treat all marriages equally under the law, regardless 24 of the sex or gender of the parties to the marriage; 25 26 WHEREAS, the amendment also would provide that religious organizations and 27 clergy acting in their religious capacity have the right to refuse to perform any marriage; 28 29 WHEREAS, this amendment would demonstrate the Commonwealth's 30 commitment to equality by removing discriminatory text from the Constitution and 31 affirming the fundamental right to marry for all citizens and visitors; and 32 33 WHEREAS, approval of the Senate or House Resolution would enable Virginia 34 voters to amend the Constitution; 35 36 WHEREAS, approval of this amendment by the voters would benefit Virginia 37 citizens and also would signal to people and businesses in other states that are 38 considering relocating or are considering Virginia as an event location or vacation 39 destination that Virginia values equality; 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA, THAT: 43 44 The City Council urges the approval of Senate Joint Resolution No. 5 or House 45 Joint Resolution No. 57 to enable Virginia's voters to decide whether to amend the 46 Constitution of Virginia's definition of marriage. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: GaZie4 City Attorney's Offic CA15682 R-3 January 19, 2022 H. PUBLIC HEARING 1. EXCHANGE OF EXCESS CITY PROPERTY 2393 North Landing Road to Princess Anne Village, LLC (Approximately 43,140 sq. ft. of City-owned property) Nu�e� iat +as .„ I H 4UY14'�i i°iLii ° PUBLIC HEARING EXCHANGE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and exchange of city-owned property,Tuesday, February 1, 2022 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building 1)at the Virginia Beach Municipal Center,Virginia Beach,Virginia. Approximately 43,140 sq.ft.of City Property located at 2393 North Landing Road(GPIN:1494-92-7384 and a portion of GPIN: 2403-29- 3752) The purpose of this hearing will be to obtain public input to determine whether the property should be declared in excess of the Citys needs and conveyed to Princess Anne Village,L.L.C. If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at(757)385-4303;hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works-Real Estate,2473 N.Landing Rd., Bldg. 23, Virginia Beach, Virginia 23456 - (757) 385 4161 or pwrealestate@vbgov.com. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at https://vbgov.webex.com/vb¢ovio nstagg/g.oho?MTI D=efe99e2fe54 6c34ae7e94510db97f4c9f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on February 1,2022. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON:Sunday,January 23,2022 vp`Nu ec"yi 04 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Approximately 43,140 Sq. Ft. of City Property Located at 2393 North Landing Road to be in Excess of the City's Needs and 2) Authorizing the City Manager to Execute all Disposition and Exchange Documents with Princess Anne Village, LLC and Kellam and Eaton, Incorporated PUBLIC HEARING DATE: February 1 , 2022 MEETING DATE: February 1 , 2022 • Background: In 1985, the Commonwealth of Virginia conveyed to the City of Virginia Beach (the "City") the portion of the former 66' Norfolk Southern railroad right-of-way running from Princess Anne Road through Pungo to Munden Point (GPIN: 1494- 92-7384 and a portion of GPIN: 2403-29-3752) (the "City Property"), subject to an agreement with Dominion Energy for a power line located within the City Property. A portion of the City Property is adjacent to the property formerly the site of the Kellam & Eaton Hardware Store and owned by Kellam and Eaton Incorporated ("K&E Inc.") located at 2401 North Landing Road (GPIN: 2404-01- 2707) (the "Kellam & Eaton Property"). Princess Anne Village, LLC ("PAV") proposes to develop the Kellam & Eaton Property, together with additional properties, as a residential subdivision; however, part of the City Property separates the properties PAV proposes to develop. The City received federal funding from a Transportation Alternatives Program grant, administered by VDOT, to construct a multi-use trail within the portion of the City Property between Princess Anne Road and the Foxfire neighborhood (the "Foxfire Trail"). The City was designing the trail when PAV requested to acquire approximately 43,140 sq. ft. of the City Property (the "Excess Property") in exchange for (a) K&E, Inc. conveying approximately 43,849 sq. ft. of the Kellam & Eaton Property to the City to use for the Foxfire Trail (the "Exchange Parcel") and (b) PAV paying the City $20,000 to adjust for the difference in value. VDOT agreed to the alternate alignment of the Foxfire Trail should the Excess Property be conveyed to PAV. • Considerations: The City will acquire a temporary Public Pedestrian Access Easement over approximately 5,213 sq. ft. of the Kellam & Eaton Property to allow the City to begin construction of the Foxfire Trail while the exchange is pending. This temporary easement will terminate upon K&E, Inc.'s conveyance of the Exchange Parcel in fee simple to the City. This transaction will allow the City to proceed with the Foxfire Trail project and will allow PAV to proceed with its development project. The City has previously sold other portions of the City Property for incorporation into other properties or developments, for example through Heron's Ridge Golf Course and portions of the Foxfire neighborhood. A .76 acre (33,100 SF +/-) portion of the Excess Property was already declared excess by City Council after a public hearing by Ordinance ORD-2795C adopted December 9, 2003. The property was to be conveyed to K&E, Inc. for development of an Eckerd Drug Store-anchored retail village by Berkshire- Hudson. The conveyance never happened because the development plan was abandoned. ■ Public Information: Advertisement of the public hearing as required by Section 15.2-1813 Code of Virginia and public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to complete the proposed exchange. • Attachments: Ordinance, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 2 43,140 SQ. FT. OF CITY PROPERTY LOCATED AT 3 2393 NORTH LANDING ROAD TO BE IN EXCESS 4 OF THE CITY'S NEEDS AND 2) AUTHORIZING THE 5 CITY MANAGER TO EXECUTE ALL DISPOSITION 6 AND EXCHANGE DOCUMENTS WITH PRINCESS 7 ANNE VILLAGE, LLC AND KELLAM AND EATON, 8 INCORPORATED 9 10 WHEREAS, in 1985, the Commonwealth of Virginia conveyed to the City a 11 portion of the former 66' wide Norfolk Southern railroad right-of-way running from 12 Princess Anne Road through Pungo to Munden Point (GPIN: 1494-92-7384 and a 13 portion of GPIN: 2403-29-3752) (the "City Property"), subject to an agreement with 14 Dominion Energy for a power line; 15 16 WHEREAS, a portion of the City Property is adjacent to property owned by 17 Kellam and Eaton, Incorporated ("K&E, Inc.") located at 2401 North Landing Road 18 (GPIN: 2404-01-2707) (the "Kellam & Eaton Property"); 19 20 WHEREAS, Princess Anne Village, LLC ("PAV") proposes to develop the Kellam 21 & Eaton Property, together with additional properties (the "Development"); however, the 22 City Property separates the properties PAV proposes to develop; 23 24 WHEREAS, the City received a Transportation Alternatives Program grant for 25 and is designing a multi-use trail to be located within the portion of the City Property 26 located between Princess Anne Road and the Foxfire neighborhood (the "Foxfire Trail"); 27 28 WHEREAS, to facilitate PAV's development and the Foxfire Trail, K&E, Inc. has 29 agreed to convey approximately 43,849 sq. ft. of the Kellam & Eaton Property (the 30 "Exchange Parcel") to the City in exchange for the City conveying approximately 43,140 31 sq. ft. of the City Property (the "Excess Property") to PAV, plus a supplemental payment 32 from PAV to the City in the amount of $20,000, the specific terms of which are set forth 33 in a written agreement (the "Exchange Agreement"); and 34 35 WHEREAS, the City Council finds that it is in the best interests of the City to 36 declare the Excess Property in excess of the City's needs and authorize the City 37 Manager to take all actions necessary to facilitate the terms of the Exchange 38 Agreement, including accepting the Exchange Parcel and $20,000 in exchange for the 39 Excess Property. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA, THAT: 43 44 1) The Excess Property is hereby declared to be in excess of the needs of 45 the City of Virginia Beach; and 46 2) The City Manager is hereby authorized to execute the Exchange 47 Agreement and any other documents necessary to convey the Excess Property to 48 Princess Anne Village, LLC and to acquire the Exchange Parcel, provided such 49 documents are in substantial conformity with the terms set forth in the Summary of 50 Terms, attached hereto as Exhibit A and made a part hereof, and such other terms, 51 conditions or modifications as may be acceptable to the City Manager and in a form 52 deemed satisfactory by the City Attorney. 53 54 This Ordinance shall be effective from the date of its adoption. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 57 of , 2022. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Public Works/Real Estate City orn CA15587 \\vbgov.com\dfs t\applications\citylaw\cycom32\wpdocs\d010\p043\00775216.doc R-2 January 20, 2022 EXHIBIT A SUMMARY OF TERMS EXCHANGE OF PROPERTY BETWEEN THE CITY OF VIRGINIA BEACH, PRINCESS ANNE VILLAGE, LLC AND KELLAM AND EATON, INCORPORATED PARTIES: City of Virginia Beach (the "City") Princess Anne Village L.L.C., a Virginia limited liability company ("PAV"), Buyer Kellam and Eaton, Incorporated, a Virginia corporation ("K&E, Inc."), Landowner EXCESS CITY PROPERTY: Approximately 43,140 sq. ft. of City property located at 2393 North Landing Road (GPINs: 1494-92-7384 and a portion of 2403-29-3752), together comprising a strip of land 66 ft. wide and approximately 653.64 ft. in length (the "Excess Property"). KELLAM AND EATON PROPERTY TO BE EXCHANGED: Approximately 43,849 sq. ft. of property (the "Exchange Parcel") located at 2401 North Landing Road (portion of GPIN: 2404-01-2707), being approximately 149.91 ft. wide and approximately 292.5 ft. in length (the "Exchange Parcel"). ADDITIONAL CONSIDERATION: PAV will pay the City additional consideration in the amount of $20,000. CONDITIONS OF EXCHANGE: • The parties will each bear their own closing costs. • PAV shall (a) subdivide the City Property for conveyance of the Excess Property to PAV; (b) subdivide the Exchange Parcel from K&E, Inc.'s property for the conveyance to the City; and (c) resubdivide K&E, Inc.'s property to incorporate the Excess Property into the remainder of K&E, Inc.'s property by vacating interior lot lines. • City shall reserve 50 ft.-wide easements for utilities, drainage, and maintenance and access over a portion of the Excess Property in a location or locations satisfactory to the City's Departments of Public Utilities and Public Works. • PAV shall dedicate to the City a 20 ft.-wide secondary trail easement to the City at the time of subdivision plat approval for PAV's proposed development in a location satisfactory to the City's Department of Parks and Recreation. • PAV shall begin construction of an 8 ft.-wide concrete trail or a 10 ft.-wide asphalt trail within the 20' ft.-wide secondary trail easement at the time of approval of the subdivision plat for PAV's proposed development. • PAV shall apply for the necessary rezoning and plan approvals for its proposed development. • PAV shall obtain any necessary permission from Dominion Energy for construction of improvements, including the trail, located on the Excess Property. • On or before February 28, 2022, K&E, Inc. shall dedicate a 5,213 sq. ft. temporary public pedestrian access easement to the City within the Exchange Parcel, with said temporary easement terminating upon the conveyance of the Exchange Parcel to the City. • Settlement of the Exchange Agreement shall occur on or before May 1, 2022. / LOCATION MAP (For Information Purposes Only.This Does Not Constitute a Subdivision of the Properties.) "`' GPIN: 1494-92-7384 (Approx. 33,052 sq.ft.) ( 0 I , . • Portion of GPIN: 2403-29-3752 • (Approx. 10,088 sq.ft.) , S • •• / /.... 4y. • fv 1 Portion of GPIN: 2404-01-2707 (Approx. 43,849 sq.ft.) Excess Property= and r"--41 (To be conveyed to Buyer) • Exchange Parcel= . (To be conveyed to City) ., f t Disclosure Statement Planrung& Community The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Princess Anne Village LLC Does the applicant have a representative? ■ Yes 0 No • If yes, list the name of the representative. R.1. Nutter Troutman Pepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? I Yes ❑ No • If yes, list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) Richard Burroughs;Charles F. Burroughs,III • If yes, list the businesses that have a parent-subsidiary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) I"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship" means"a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Revised 11.09.2020 1 I P a g e Disti sure statement Planning Coniniumly • • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes I No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? / Yes 0 No • If yes,identify the firm and individual providing the service. Laurence Benson Kimley Horn and Bob Kellam Kellam Gerwitz Engineering, Inc. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes 0 No • If yes,identify the firm and individual providing the service. R.J. Nutter Troutman Pepper LLP Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Applicant Signature Print Name and Title Date Is the applicant also the owner of the subject property? ❑ Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications //�� No changes as of Date 12 29 2021 Signature do Print Name Hoa N. Dao Revised 11.09.2020 3 P a g e Disclosure Statement Community Planning & Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes, identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? t Yes 0 No • If yes, identify the firm and individual providing the service. Michael Watkins Architect; Frye Properties 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ��1,- 1 ; Charles F. Burroughs, Ill 411-xGg_pi APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Disclosure Statement• = Planning.&-C •I)el merit-- r Owner Disclosure • Owner Name Sisters II, LLC Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes, list the names of all officers,directors, members,trustees, etc. below. (Attach a list if necessary) Susan Kellam; Rebecca Kellam Chalmers • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3 "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Revised 11 09.2020 5 I P a g e Disclosure tStatement' .00 f ty;en Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes, identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes, identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Disclosure Statement" You► bi=tom r; tt S • • 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P a g e Virginia'Bern CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Rebecca Kellam Chalmers• 411 fil.t! PRO.1 TY OWNER' SIGNATURE PRINT NAME DATE ------ - � Page 7 of 7 Disclosure Statement -'Pnnmg& C mram t _ • Owner Disclosure Owner Name David E. Kellam Revocable Trust Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? B Yes ❑ No • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Susan Kellam,Trustee • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? • 3 "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. Revised 11.09.2020 5 I P a g e Disclosure Statement • Cop if Yirgita iteek..1 Ilnmg&-Conitf3&imty Dev p i • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 1111 No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e Disclosure Statement Planning&COIIII II 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 1 P a g e t r CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. , J $ Aitate.,,,_ Susan S. Kellam, Trustee - �. PRO OWNERS SI NATURE / �� PWNT NAME DACE Page 7 of 7 - Disc osure tatement • s, Planner&Comini -- Owner Disclosure Owner Name Kellam and Eaton, Incorporated Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? / Yes 0 No • If yes, list the names of all officers,directors, members,trustees, etc. below. (Attach a list if necessary) Susan S. Kellam,President • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Disclosure Statement ite Planning&. o> fir t �—.�- • • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e Disclosure Statement • rr R: R Win.&cant-imp ,t'Meat 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No ® If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 P a g e 0 . z. 1 ,v D CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 1I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 4/4441)6, Pit ;�3 - Susan S. Kellam, President �p" 9'e, i PROPERTY ER OWN 'S St NATURE PRINT NAME DATE f Page 7 of 7 r. Disclosure Statement r� r , 3•:• .v- T ,iantamg+&community. - _ Owner Disclosure Owner Name Charles F. Burroughs, Ill Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ® No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Po„/res.-4 i no 1rnn c I D • Disclosure Statement DftveloPment Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Disclosure S - • & C r �' 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes, identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 1 P a g e r, CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Charles F. Burroughs, Ill oifi i AtE APPLICANTS SIGNATURE PRINT NAME d Page 5 of 7 Disclosure Statement " Plganim&Community 4 s Development Owner Disclosure Owner Name Susan S. Kellam Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes a No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Disclosure Statement al*€1" t.x Timing&Community u . • 'Vekv3ient Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes, identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e Disclosure Statement. 1 ft-4 ',,k.er.! Pam &C� ty r 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes I No If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P a g e Yt Virginia Beach i Ir CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this 1 Application. r q 7/, 6, 71," Susan S. Kellam - Cl t PROPERTY OWNER'S SIGNATURE PRINT NAME DATE A - - - Page 7 of 7 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE approximately 43,140 square feet of City property at 2393 North Landing Road in EXCESS of the City's needs and AUTHORIZE the City Manager to EXECUTE all disposition and exchange documents with Princess Anne Village,LLC and Kellam and Eaton,Incorporated re Foxfire Trail 2. Resolution/Ordinances to AMEND (Deferred from January 18, 2022): a. Chapter 8-Stormwater Management of the Public Works Design Standards Manual re bring into compliance b. Sections 1-3, 1-6, 1-12, 1-13, 1-14, 1-15, 1-21, 1-26, 1-28 and 1-30 City Code,Appendix D re Stormwater Appeals Board c. Sections 1.1, 1.2, 1.3, 1.8, 2.1, 2.2, 2.3, 2.4, 2.8, 2.11, 3.1, 4.1, 4.2, 4.3, 4.4,4.6, 4.8, 4.9, 4.10, 5.1, 6.1 and 6.3 City Code Floodplain Ordinance, Appendix K re housekeeping the deletion of Public Works requirements and the addition of a Coastal A Zone and a Coastal High Hazard Zone 3. Ordinance to CONFIRM the Declaration of a Local Emergency re Winter Storm Jasper 4. Resolution to DECLARE 1049 and 1053 Virginia Beach Boulevard to be a Revitalization Area re qualify for Virginia Housing Financing 5. Ordinance to AUTHORIZE temporary encroachments into portions of the City's right-of- way known as 36th Street and Atlantic Avenue (commonly referred to as the "City Greenbelt")adjacent to 3601 Atlantic Avenue by Belvedere Hotel Investments Associates, LLC re install and maintain a seat wall, landscaping, storm drain, concrete flume and irrigation system DISTRICT 6—BEACH 6. Ordinance to ESTABLISH Capital Projects 1-030 and 1-031 and APPROPRIATE $54,938,822 in FY 2020-21 Schools Reversion and Revenue Sharing Formula Funds (Requested by Vice Mayor Wilson) 7. Ordinance to AUTHORIZE longevity and college incentives for the sworn employees of the Fire Department and Emergency Medical Services, as well as Employees in the Emergency Communications Division of Emergency Communications and Citizen Services and TRANSFER$1,216,553 from vacancy savings within the General Fund to the FY 2021-22 Fire Department, Emergency Medical Services, Division of Emergency Communications and Citizen Services Operating Budgets ( vo«„?,„„ ,, itr Si dS2} -.—.'.'''-.' ( i1.1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance 1) Declaring Approximately 43,140 Sq. Ft. of City Property Located at 2393 North Landing Road to be in Excess of the City's Needs and 2) Authorizing the City Manager to Execute all Disposition and Exchange Documents with Princess Anne Village, LLC and Kellam and Eaton, Incorporated PUBLIC HEARING DATE: February 1 , 2022 MEETING DATE: February 1, 2022 • Background: In 1985, the Commonwealth of Virginia conveyed to the City of Virginia Beach (the "City") the portion of the former 66' Norfolk Southern railroad right-of-way running from Princess Anne Road through Pungo to Munden Point (GPIN: 1494- 92-7384 and a portion of GPIN: 2403-29-3752) (the "City Property"), subject to an agreement with Dominion Energy for a power line located within the City Property. A portion of the City Property is adjacent to the property formerly the site of the Kellam & Eaton Hardware Store and owned by Kellam and Eaton Incorporated ("K&E Inc.") located at 2401 North Landing Road (GPIN: 2404-01- 2707) (the "Kellam & Eaton Property"). Princess Anne Village, LLC ("PAV") proposes to develop the Kellam & Eaton Property, together with additional properties, as a residential subdivision; however, part of the City Property separates the properties PAV proposes to develop. The City received federal funding from a Transportation Alternatives Program grant, administered by VDOT, to construct a multi-use trail within the portion of the City Property between Princess Anne Road and the Foxfire neighborhood (the "Foxfire Trail"). The City was designing the trail when PAV requested to acquire approximately 43,140 sq. ft. of the City Property (the "Excess Property") in exchange for (a) K&E, Inc. conveying approximately 43,849 sq. ft. of the Kellam & Eaton Property to the City to use for the Foxfire Trail (the "Exchange Parcel") and (b) PAV paying the City $20,000 to adjust for the difference in value. VDOT agreed to the alternate alignment of the Foxfire Trail should the Excess Property be conveyed to PAV. • Considerations: The City will acquire a temporary Public Pedestrian Access Easement over approximately 5,213 sq. ft. of the Kellam & Eaton Property to allow the City to begin construction of the Foxfire Trail while the exchange is pending. This temporary easement will terminate upon K&E, Inc.'s conveyance of the Exchange Parcel in fee simple to the City. This transaction will allow the City to proceed with the Foxfire Trail project and will allow PAV to proceed with its development project. The City has previously sold other portions of the City Property for incorporation into other properties or developments, for example through Heron's Ridge Golf Course and portions of the Foxfire neighborhood. A .76 acre (33,100 SF +/-) portion of the Excess Property was already declared excess by City Council after a public hearing by Ordinance ORD-2795C adopted December 9, 2003. The property was to be conveyed to K&E, Inc. for development of an Eckerd Drug Store-anchored retail village by Berkshire- Hudson. The conveyance never happened because the development plan was abandoned. • Public Information: Advertisement of the public hearing as required by Section 15.2-1813 Code of Virginia and public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to complete the proposed exchange. • Attachments: Ordinance, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval of the Ordinance .464 Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 2 43,140 SQ. FT. OF CITY PROPERTY LOCATED AT 3 2393 NORTH LANDING ROAD TO BE IN EXCESS 4 OF THE CITY'S NEEDS AND 2) AUTHORIZING THE 5 CITY MANAGER TO EXECUTE ALL DISPOSITION 6 AND EXCHANGE DOCUMENTS WITH PRINCESS 7 ANNE VILLAGE, LLC AND KELLAM AND EATON, 8 INCORPORATED 9 10 WHEREAS, in 1985, the Commonwealth of Virginia conveyed to the City a 11 portion of the former 66' wide Norfolk Southern railroad right-of-way running from 12 Princess Anne Road through Pungo to Munden Point (GPIN: 1494-92-7384 and a 13 portion of GPIN: 2403-29-3752) (the "City Property"), subject to an agreement with 14 Dominion Energy for a power line; 15 16 WHEREAS, a portion of the City Property is adjacent to property owned by 17 Kellam and Eaton, Incorporated ("K&E, Inc.") located at 2401 North Landing Road 18 (GPIN: 2404-01-2707) (the "Kellam & Eaton Property"); 19 20 WHEREAS, Princess Anne Village, LLC ("PAV") proposes to develop the Kellam 21 & Eaton Property, together with additional properties (the "Development"); however, the 22 City Property separates the properties PAV proposes to develop; 23 24 WHEREAS, the City received a Transportation Alternatives Program grant for 25 and is designing a multi-use trail to be located within the portion of the City Property 26 located between Princess Anne Road and the Foxfire neighborhood (the "Foxfire Trail"); 27 28 WHEREAS, to facilitate PAV's development and the Foxfire Trail, K&E, Inc. has 29 agreed to convey approximately 43,849 sq. ft. of the Kellam & Eaton Property (the 30 "Exchange Parcel") to the City in exchange for the City conveying approximately 43,140 31 sq. ft. of the City Property (the "Excess Property") to PAV, plus a supplemental payment 32 from PAV to the City in the amount of $20,000, the specific terms of which are set forth 33 in a written agreement (the "Exchange Agreement"); and 34 35 WHEREAS, the City Council finds that it is in the best interests of the City to 36 declare the Excess Property in excess of the City's needs and authorize the City 37 Manager to take all actions necessary to facilitate the terms of the Exchange 38 Agreement, including accepting the Exchange Parcel and $20,000 in exchange for the 39 Excess Property. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA, THAT: 43 44 1) The Excess Property is hereby declared to be in excess of the needs of 45 the City of Virginia Beach; and 46 2) The City Manager is hereby authorized to execute the Exchange 47 Agreement and any other documents necessary to convey the Excess Property to 48 Princess Anne Village, LLC and to acquire the Exchange Parcel, provided such 49 documents are in substantial conformity with the terms set forth in the Summary of 50 Terms, attached hereto as Exhibit A and made a part hereof, and such other terms, 51 conditions or modifications as may be acceptable to the City Manager and in a form 52 deemed satisfactory by the City Attorney. 53 54 This Ordinance shall be effective from the date of its adoption. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 57 of , 2022. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Public Works/Real Estate City orn V CA15587 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d010\p043\00775216.doc R-2 January 20, 2022 EXHIBIT A SUMMARY OF TERMS EXCHANGE OF PROPERTY BETWEEN THE CITY OF VIRGINIA BEACH, PRINCESS ANNE VILLAGE, LLC AND KELLAM AND EATON, INCORPORATED PARTIES: City of Virginia Beach (the "City") Princess Anne Village L.L.C., a Virginia limited liability company ("PAV"), Buyer Kellam and Eaton, Incorporated, a Virginia corporation ("K&E, Inc."), Landowner EXCESS CITY PROPERTY: Approximately 43,140 sq. ft. of City property located at 2393 North Landing Road (GPINs: 1494-92-7384 and a portion of 2403-29-3752), together comprising a strip of land 66 ft. wide and approximately 653.64 ft. in length (the "Excess Property"). KELLAM AND EATON PROPERTY TO BE EXCHANGED: Approximately 43,849 sq. ft. of property (the "Exchange Parcel") located at 2401 North Landing Road (portion of GPIN: 2404-01-2707), being approximately 149.91 ft. wide and approximately 292.5 ft. in length (the "Exchange Parcel"). ADDITIONAL CONSIDERATION: PAV will pay the City additional consideration in the amount of $20,000. CONDITIONS OF EXCHANGE: • The parties will each bear their own closing costs. • PAV shall (a) subdivide the City Property for conveyance of the Excess Property to PAV; (b) subdivide the Exchange Parcel from K&E, Inc.'s property for the conveyance to the City; and (c) resubdivide K&E, Inc.'s property to incorporate the Excess Property into the remainder of K&E, Inc.'s property by vacating interior lot lines. • City shall reserve 50 ft.-wide easements for utilities, drainage, and maintenance and access over a portion of the Excess Property in a location or locations satisfactory to the City's Departments of Public Utilities and Public Works. • PAV shall dedicate to the City a 20 ft.-wide secondary trail easement to the City at the time of subdivision plat approval for PAV's proposed development in a location satisfactory to the City's Department of Parks and Recreation. • PAV shall begin construction of an 8 ft.-wide concrete trail or a 10 ft.-wide asphalt trail within the 20' ft.-wide secondary trail easement at the time of approval of the subdivision plat for PAV's proposed development. • PAV shall apply for the necessary rezoning and plan approvals for its proposed development. • PAV shall obtain any necessary permission from Dominion Energy for construction of improvements, including the trail, located on the Excess Property. • On or before February 28, 2022, K&E, Inc. shall dedicate a 5,213 sq. ft. temporary public pedestrian access easement to the City within the Exchange Parcel, with said temporary easement terminating upon the conveyance of the Exchange Parcel to the City. • Settlement of the Exchange Agreement shall occur on or before May 1, 2022. LOCATION MAP 04.0 (For Information Purposes Only.This Does Not Constitute a Subdivision of the Properties.) • GPIN: 1494-92-7384 (Approx. 33,052 sq. ft.) ram• Portion of GPIN: 2403-29-3752 (Approx. 10,088 sq. ft.) hqr • Portion of GPIN: 2404-01-2707 (Approx. 43,849 sq. ft.) Excess - property and= (To be conveyed to Buyer) Exchange Parcel= (To be conveyed to City) Disclosure Statement \113 Planning& Community _ Development • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Princess Anne Village LLC Does the applicant have a representative? ■ Yes ❑ No • If yes, list the name of the representative. RI Nutter Troutman Pepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes ❑ No • If yes,list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) Richard Burroughs;Charles F. Burroughs, Ill • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure Statement t;, t-agua:e tem* • Planning&Community Devel0pnient1== 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes, identify the firm and individual providing the service. Laurence Benson Kimley Horn and Bob Kellam Kellam Gerwitz Engineering, Inc. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. R.J. Nutter Troutman Pepper LLP Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Applicant Signature Print Name and Title Date Is the applicant also the owner of the subject property? 0 Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications El No changes as of Date 12.29.2021 Signature Z/0 Print Name Hoa N. Dao Revised 11.09.2020 3 1 P a g e Disclosure Statement (-4'4) Viryinsa Bach- I - Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes 0 No • If yes,identify the firm and individual providing the service. Michael Watkins Architect; Frye Properties 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e ,of.pax # CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. rl 7 Charles F. Burroughs, III 1�f q APPLICANT'S SIGNATURE PRINT NAME DATEIL Page 5 of 7 Disclosure Statement voe Planning &Community Development --- r Owner Disclosure Owner Name Sisters II, LLC Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ■ Yes ❑ No • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Susan Kellam;Rebecca Kellam Chalmers • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Disclosure Statement Planning&Community Development ¢r s Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? Cl Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 61 Page Disclosure Statement { Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes NI No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P a g e V, . Virgisia Beach. N. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ___ q,4441 _ Rebecca Kellam Chalmers e� fx! -gea4s Cia PER' SIGNATURE PRINT NAME DATE i ___ Page 7 of 7 rki3Disclosure Statement I Planning &Community . "� elopmenDevt Owner Disclosure Owner Name David E. Kellam Revocable Trust Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? I Yes 0 No • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Susan Kellam,Trustee • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes NI No • If yes,what is the name of the official or employee and what is the nature of the interest? 3 "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. Revised 11.09.2020 5 I P age Disclosure Statement City f t'u sn Boadz Planning&Community �sUJeflt Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage m. Disclosure Statement IP Planning&Communi Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes MI No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P a g e Virghia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ G y 3J , u� Susan S. Kellam, Trustee - 1'�! PROPERTY OWNER'S SI NATURE ' PRINT NAME DATE Page 7 of 7 Disclosure Statement J f,rt;,t'quad/8:sria Planning &Community Development -1== VOW Owner Disclosure Owner Name Kellam and Eaton, Incorporated Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ■ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) Susan S.Kellam,President • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 j P a g e Disclosure Statement • rity trmaraegash Planning&.Community C) 0Pme11t Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes, identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes MI No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 j P a g e Disclosure Statement aiming&Common :,` a opmeni 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes t No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 ! Page csr k3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 6,,,,„&,)„ 6, 7A,„ p Susan S. Kellam, President 6- 1.A, PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Disclosure Statement IB 4 . .: Planning&Community Development Owner Disclosure Owner Name Charles F. Burroughs, Ill Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes IN No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Revised 11.09.2020 5 I P a g e Disclosure Statement Planning &Comm Development i�. Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e Disclosure Statement Ihri3 t ,rajtfln-h .. _ Planning &Cummuni Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P a g e CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. i Charles F. Burroughs, Ill ) APPLICANT'S SIGNATURE + PRINT NAME (A7E Page 5 of 7 Disclosure Statement Ihri3 e PfV 5j4J Planning&Community Development Owner Disclosure Owner Name Susan S. Kellam Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 111 No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Disclosure Statement <IT Virsibre haxit • Punning&Community - ve()pment Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes, identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes, identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Disclosure Statement 1113 Co Vointa Planning &Communilty 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes NI No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P a g e t , ,,, ., . c: a ' _ • ., _ . , ,„, . ''R!► �, me ugetu8 Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. o.- k.o., ..41/ 6 (����ypz Susan S. Kellam , 9'‘ PROPERTY OWNER'S SIGNATURE PRINT NAME DATE e Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RESOLUTION TO AMEND CHAPTER 8-STORMWATER MANAGEMENT OF THE PUBLIC WORKS DESIGN STANDARDS MANUAL, ORDINANCE TO AMEND SECTION 1-3, 1-6, 1-12, 1-13, 1-14, 1-15, 1-21, 1-26, 1-28, AND 1-30 OF THE CITY CODE APPENDIX D, STORMWATER MANAGEMENT, PERTAINING TO THE STORMWATER APPEALS BOARD, WATER QUANTITY, APPEALS, AND HEARINGS AND AN ORDINANCE TO AMEND SECTIONS 1.1, 1.2, 1.3, 1.8, 2.1, 2.2, 2.3, 2.4, 2.8, 2.11, 3.1, 4.1, 4.2, 4.3, 4.4, 4.6, 4.8, 4.9, 4.10, 5.1, 6.1, AND 6.3 OF APPENDIX K, FLOODPLAIN ORDINANCE OF THE CITY CODE PERTAINING TO HOUSEKEEPING THE DELETION OF PUBLIC WORKS REQUIREMENTS AND THE ADDITION OF A COASTAL A ZONE AND A COASTAL HIGH HAZARD ZONE MEETING DATE: February 1, 2022 • Background: On July 6, 2021 , Staff brought forward changes to Appendix D, Stormwater Management to remove City Staff members as members of the Board. City Council deferred the item to obtain additional stakeholder input. Staff was also directed to review with stakeholders the current stormwater regulations and identify ways to improve the development review process while maintaining the resiliency of the current standards. Stakeholder meetings were held each Friday from August 2021 to October 2021. Attendees of these meetings include developers, consulting engineers selected by the Coastal Virginia Building Industry Association (CVBIA), City Council members Jones and Moss, City Executive Leadership and staff from the Office of Performance and Accountability (OPA), Planning and Public Works. The proposed changes were published at www.vbqov.com/swcomments on December 21, 2021 with the comment period closing on January 14, 2022. 226 comments were received from the public. A significant number of the comments were either previously addressed by the workgroup during the meetings or requested the standards to be further relaxed than what is proposed. • Considerations: The changes proposed maintain the resiliency of the current regulations but works to reduce the number of review cycles, provide simplified design option for projects that have limited watershed impacts, reduce the complexity of preliminary stormwater analysis, align modeling tolerances of "no impact" to align with Army City of Virginia Beach — Stormwater Regulatory Changes Page 2 of 2 Corps practices, and to improve communications during the plan review process for complicated issues. To address these comments, staff is proposing the following high-level changes: • Provide alternative design options for projects that have an increase of new impervious area less than 20,000 square feet • Expand criteria for projects to utilize alternative design options • Remove 1.5 ft of sea level rise from the 100-year design storm • Match Army Corps Standards for stormwater model tolerance • Revise requirements for Preliminary Stormwater Analysis • Provide checklist on stormwater modeling to reduce regular comments The Floodplain Ordinance is also proposed to be updated to reflect current staffing and management of the floodplain regulations by the Planning Department and to relocate the requirement for finished floors of structures to be one foot above the 100-year hydraulic grade line elevation measured at the nearest existing or proposed BMP of two feet above the Base Flood Elevation, whichever is higher. This requirement was previously split between both the Floodplain Ordinance and the Public Works Design Standards Manual. The purpose of this is to mirror those regulations and processes in one location. Finally, the amendments to the Stormwater Management Ordinance are to implement the proposed changes, clarify the process for appeals and what can be appealed to the Stormwater Appeals Board. At the direction of the City Council Liaisons, a variance to the requirement to use the information from the stormwater models is not permitted and the proposed language reflects that requirement. In addition, the make up of the board was clarified to allow specifically for civil engineers and those with the educational background in stormwater management. • Recommendation: Staff recommend approval of the proposed ordinance changes as they will maintain resiliency of the existing standards but provide simplified design options that can be used by consulting engineers and will lessen the number of resubmittals and time to get plans approved. • Attachments: Resolution to amend Chapter 8 of the Public Works Design Standards Manual Ordinance to amend Appendix D, Stormwater Management Ordinance Ordinance to amend Appendix F, Floodplain Ordinance Recommended Action: Staff recommends Approval. Submitting Department/Agency: Planning Department, Public Works City Manager: (A')96 '0 1 A RESOLUTION TO AMEND CHAPTER 8- 2 STORMWATER MANAGEMENT OF THE 3 PUBLIC WORKS DESIGN STANDARDS 4 MANUAL TO BRING IT INTO COMPLIANCE 5 WITH THE PROVISIONS OF THE 6 STORMWATER MANAGEMENT ORDINANCE 7 APPENDIX D OF THE VIRGINIA BEACH CITY 8 CODE 9 10 WHEREAS, by resolution, the City Council adopted and promulgated the Public 11 Works Design Standards Manual. (PWDSM); and 12 13 WHEREAS, after meetings of staff and stakeholders Chapter 8-Stormwater 14 Management was revised to coordinate with the revisions to City Code Appendix D 15 Stormwater Management Ordinance. These revisions are attached hereto and made a 16 part hereof. 17 18 WHEREAS, pursuant to Section 1.5 of the PWDSM, the PWDSM shall be adopted 19 and amended by City Council; and 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Public Works Design Standards Manual, Chapter 8 attached hereto and 25 made a part hereof, is hereby adopted and shall replace the previous Chapter 8 of the 26 PWDSM. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Works City Attorney's Office CA15677/R-1/January 19, 2022 �t "., },.^ '`,,, Chapter 8—Stormwater Management :` , w June 2020 8.0 8-0--Stormwater Management 8 ------Generall- eckst+en 8.1 In addition to the factors that must be considered and evaluated in the design of any drainage system, drainage systems in coastal areas must account for the unique characteristics of coastal flooding, including the impacts of tides, sea level rise and rainfall due to climate change, low ground elevations, and high groundwater tables. Low-elevations make many areas of the City vulnerable 4o-flooding High tidal elevations can further decrease the elevational difference available for effective drainage and in some cases can make gravity-dra inage-completely ineffective. H gh -often located just below events leading to increased runoff. High groundwater . storage volumes in water bodies, and drainage. This Chapter of the Public Works Design Standards identifies the specific minimum design standards that must be met by all proposed drainage systems within the City of Virginia Beach. However, conformance to these standards does not relieve the licensed design professional or the firm for which the licensed design professional is performing the design, from performing all work in accordance with all applicable professional standards. The design professional must also ensure the design is consistent with sound engineering practice and principles and in accordance and compliance with all applicable codes, laws, and regulations. The licensed design professional and the firm for which the licensed design professional is performing the work are responsible for the design and for assuring that the design meets all applicable requirements and, for the required design storm/tide frequency pairs and the check storm, results in no flooding on- site and no increase in flooding upstream and downstream of the site. At a minimum, the design of drainage systems will- 1,----Be-based on the standards stated-and-referenced herein. 2— -- - Calculate the-Hydraulic Grade Line conveyance and routed impoundment, or other major Crade Line and Tailwater Criteria and demonstrating the adequacy of the designed drainage system. (The determination of the HGL is considered a basic engineering practice in drainage system design. It check the hydraulic adequacy of the drainage system from the site to the point-of adequacy and to the upstream ends of all systems draining to the site.) 3-- Account for the effects of the seasonally high groundwater elevations on the performance of the drainage system. 4-- --- Provide for the conveyance of upstream and other offsite areas of upstream areas. Demonstrate the adequacy and capabilities of the system, especially the eystem°s-ability to not cause flooding downstream (This is a basic hydraulic requirement off drainage designs, apart and distinct from any federal, state, or local regulatory went drainage systems.) Result in no flooding of those areas served- -the-designed drainage system. City of Virginia Beach—Public Works Design Standards 8 -1 Chapter 8—Stormwater Management U June 2020 Determine the HGL, groundwater hydrology, flood h ste y- potential, drainage patterns, drainage systems; compare the proposed (post developed) drainage systems against the pre developed s ,stems; and miti gate proposed conditions to the extent that they are equal to or better than pre developed conditions (i.e. le"s erosion, less flooding, minimal ;49-above and other drainage system design requirements are more fully All proposed drainage systems within the City of Virginia Beach shall be designed and constructed in accordance with this Chapter, as well as the criteria and provisions contained in the below listed references. Drainage systems for site and subdivision developments Analysis of existing conditions shall also be guidance.required to the same level of detail and extent as the proposed drainage system design, using the same methodologies as used for the proposed drainage system and as required by these Design Standards. Virginia Department of Transportation Drainage Manual (VDOT DM)Chapters 3 through 9 and 12, inclusive of appendices and computation forms Virginia Erosion and Sediment Control Handbook(VESCH) Virginia Stormwater BMP Clearinghouse, Draft 2013 version, website(- (https://www.swbmp.vwrrc.vt.ed u) Virginia Stormwater Management Handbook(VSM H,website (https:// swbmp.vwrrc.vt.edu/references-tools/2013-draft-handbook/) The designer shall become ately familiar with these references and the documents they reference. Consider the latest amendments and updates to the above listed references to be incorporated into these Design Standards. All drainage systems within the City of Virginia B ach shall also be designed in accordance with all applicable city, state, and federal codes, laws, ordinances, and regulations, including the City of-a/+rg+ni.a--Beaoh The City 1s directly regulated-by numerous federal and state stormwater management (SWM) and surface water quality regulations.-I-n-order to meet these regulations, it is imperative that all documentation-of-required SWM measures is provided with projects and that the projects meet or exceed requirements-to the fullest extent: Stormwater quantity and quality control measures shall be provided within the project limits or on land specifically acquired, usually in conjunction with the project, for SWM purposes in accordance with the SWMO and other applicable requirements of the City Code, state laws and regulations, or federal code, laws, and regulations. The use of off-site stormwater management facilities (SWMFs/BMPs) shall be limited to off-site compliance options contained within the SWMO. The use of water bodies not specifically designed and constructed as SWMFs/BMPs must be avoided. In all cases where offsite compliance options are being considered, the designer must provide the legal proof the project is allowed to use the offsite facility for SWM control as well as documentation demonstrating the adequacy of the SWMF/BMP for stormwater quality control. Development must also ensure adequate downstream capacity and provide easements to the extent required. Prior to beginning a project and throughout design development, designers are encouraged to City of Virginia Beach—Public Works Design Standards 8-2 Chapter 8—Stormwater Management June 2020 meet with the City to discuss advanced design coordination. This coordination is especially important when complex drainage systems and tailwater conditions are involved. City of Virginia Beach—Public Works Design Standards 8 -3 n { Chapter 8-Stormwater Management June 2020 1. For capital improvement or other City projects, the Public Works Stormwater Engineering Center is available for consultation, or 2. For private development projects, the designer is encouraged to meet with Planning/Development Services Center(Planning/DSC). Updates to the City Stormwater Management Master Plan (SWMM files and reports) and the Comprehensive Sea Level Rise and Recurrent Flooding Study (Sea Level Wise Study) are under development. These plans and reports, and other studies are available from the Public Works Stormwater Engineering Center. Private developers and their designers should request these documents and files through Planning/DSC. For the development of any proposed site improvement or subdivision, all required on site and off site drainage shall be designed and constructed in its entirety by the developer (public or and properties. St ste be hydraulically designed in accordance with Chapters 3 through 9 and 12 of the VDOT DM, except as amended in these Design Standards. VDOT DM forms are required with all design Master Plan with the following (2) ccptions: 4- -- Any project with land disturbance less than 20,000 square feet; or, 2— Anyproject which the post developed impervious area is at least 10% less than the icting impervious area. Both exceptions will be required to perform their SWM design using computer modeling that uses a 21 hour storm event, the increased precipitation values within this Chapter and connection point, provided from the Master Drainage Models. 8.2 Definitions The definitions provided herein establish the nomenclature utilized in this section. 1. Check Storm-The check storm shall be defined as the 100-year design storm event. 2. Culvert (References: VDOT DM, VDOT Road and Bridge Specifications, and VSMH, modified for clarification.)- A short closed conduit (box culvert, pipe, or other manufactured culvert), not classified as a bridge, which provides an opening through an area filled with soil for highway, roadway, or site development. Also, one or more cross drainpipes connected by one or more drainage structures (inlets, junction boxes, or manholes) hydraulically designed to function as a culvert that is not connected to a storm sewer system. Depression Storage The-amount of rain that-is Fetained-oa--t#e-surface-+n--micro depressions, ditches, and other terrain irregularities pond. 4-- Drainage Area__- A land area, water area, or both from which all runoff flows to a downstreamcommon point prepesed project or site entry point, project or site outfall, drainage-structure, junction, node, upstream end of a culvert or storm drain, upstream face-of a City of Virginia Beach-Public Works Design Standards 8-4 Tc -.41,-, 6,` Chapter 8—Stormwater Management June 2020 3. adequacy, or point of 5-4._ Drainage System- Includes all those components, manmade and natural, that convey and/or store stormwater runoff or other surface flows. &.5._. Energy Grade Line (EGL)- The line that represents the total energy of flow at a given location. It is the sum of the elevation head (z), pressure head (p/pg), and velocity head (v2/2g). ;,6. Flooding- A general or temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters, or b. The unusual and rapid accumulation runoff of surface waters from any source, or c. Mudflows, which are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along a path of the current, d. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as a flash flood an abnormal tidal surge, some similarly unusual and unforeseeable event that results in flooding as defined above. &7_ Hydraulic Grade Line (HGL)- A line coinciding with the level of flowing water in an open channel. In a closed conduit flowing under pressure, the HGL is the level to which water would rise in a vertical tube at any point along the pipe. It is equal to the energy grade line elevation minus the velocity head (V2/2g). 9-8._ Impoundment (Reference: VSMH)- A collection or storage of water, such as a pond, reservoir, pit, dugout, sump etc. 18-9 Lake (Reference:VSMH)-A water-filled basin with a restricted outlet or no outlet; includes reservoirs and tidal ponds. 11:10 Localized Flooding- Smaller scale flooding that may occur outside of a stormwater conveyance system. This may include high water, ponding, or standing water from stormwater runoff, which is likely to cause property damage or unsafe conditions. 4-2,11. Major Water Body- A public bay, creek, lake, stream, river, ocean, or other large body of water that receives stormwater runoff and has a base flood elevation determined by the current Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS), the City Stormwater Master Plan, or other study available from the Public Works Stormwater Engineering Center. For tailwater computations the major (receiving) water bodies in the City of Virginia Beach are listed in Table J-12 in Appendix J. When the project does not discharge directly into one of the water bodies listed above and the drainage system is tidally influenced, the designer shall determine the hydraulic grade line (HGL) and/or water surface profile (WSP) between the project discharge point and the mapped edge of the water body listed to provide an accurate tailwater control for design purposes. City of Virginia Beach—Public Works Design Standards 8-5 Chapter 8—Stormwater Management June 2020 1-3, Point of Adequacy (Reference: VDOT DM, see--adequate-channel") A point in the downstream system where convey the design storm-discharge under proposed (post development) conditions to a major water body. 14-12_.__ Private Stormwater Drainage- Surface flow, channelized flow through collection methods such as pipes and ditches, storage, treatment and discharge of rainfall generated exclusively on private property and not defined as public stormwater drainage. 13. Proposed (Increased) Impervious Area-The total increase in impervious area from existing conditions to proposed conditions within the limits of disturbance associated with the entire project. This includes improvements made both onsite and offsite. a. It will be considered an increase in impervious area if drainage area boundaries are modified as part of a project and directs additional existing impervious area into a different stormwater conveyance system. b. It will not be considered an increase in impervious area if the project site has been included in a separately approved master planned development, and the total site imprevious does not exceed that included in the master planned development. 15.14. Public Stormwater Drainage- The collection, conveyance, storage, and/or treatment and discharge of stormwater runoff draining the public right-of-ways, public drainage easements, and City owned property. 1-6,15. Stormwater Conveyance System (Reference: SWMO)- A combination of drainage components that are used to convey stormwater discharge, either within or downstream of the land-disturbing activity. This includes: a. "Manmade stormwater conveyance system"means a pipe, ditch, vegetated swale, or other stormwater conveyance system constructed by man except for restored stormwater conveyance systems, b. "Natural stormwater conveyance system" means the main channel of a natural stream and the flood-prone area adjacent to the main channel, or c. "Restored stormwater conveyance system" means a stormwater conveyance system that has been designed and constructed using natural channel design concepts. Restored stormwater conveyance systems include the main channel and the flood-prone area adjacent to the main channel. 1--716. Storm Sewer System (Reference: VDOT DM)-A drainage system (pre-developed and/or proposed) consisting of a series of at least two interconnecting pipes and two structures (drop inlets, manholes, junction boxes, etc.), initially designed to intercept and convey stormwater runoff from a specific storm event without surcharge. A storm sewer system is one of several different types of manmade conveyance systems and is used interchangeably with the term"storm drain." 1-8,17. Stormwater Management Facility (Reference: SWMO)- A control measure that controls stormwater runoff and changes the characteristics of the runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow. Hereafter this will be referred to as SWMF/BMP. (This term includes stormwater management facilities, post-construction best management practices, stormwater treatment measures, and stormwater control measures. SWMFs/BMPs include, but are not limited to, grass channels, swales, rainwater harvesting systems, permeable pavement, infiltration systems, bioretention systems, filtering practices, constructed wetlands, wet ponds. detention ponds, and manufactured storage and/or treatment devices.) City of Virginia Beach—Public Works Design Standards 8-6 j Chapter 8—Stormwater Management June 2020 8.3 Design Requirements Applicable To All Drainage System Components The process for a typical project drainage design-is shown elow. Fiurea VIILI Typical Process fear Drainage Design PROCESS FLOWCHART Drainage Design Overview Obtain Project Design Concept 1 e Determine Design and Legal Requirements ‘ (VB PWDS VDOT DM SWMO VSMP Regulation VESCH VA SWM BMP Clearinghouse Design Specifications Flood Plain Ordinance Other Applicable Codes, Laws Ordinances and Regulations) e • Evaluate Existing Drainage Conditions(Section 8 3 F. VDOT DM,VSMH)♦ J V i • Preliminary Design of Alternative Drainage Systems Meets Design e• No Requirements e` Revise/Refine and Project Goals? V • Final Design of Drainage Systems: VB PWDS VDOT DM VESCH Submit Design for Review, ` Revise Until Approved Virginia Stormwater BMPP Clearinghouse SW MO VSMP Regulation Flood Plain Ordinance Other Applicable Codes,Laws,Ordinances and Regulations Positive surface drainage and positive stormwater conveyance systems shall be provided for all projects. See Section 3.7 Streets and Alleys and Chapters 7 and 9 of the VDOT DM for minimum longitudinal slope requirements. City of Virginia Beach—Public Works Design Standards 8 -7 s Chapter 8_Stormwater Management June 2020 A. Design Storms — Minimum Frequency Criteria The following design storms are required (based on drainage area contributing to each project site outfall or disturbed area of the project): Table VIII-1 Design Storm Frequency Design Storm Contributing Drainage Area(Acres) Frequency 4388 10 year 388---500 25 year ?-500 50 year For each drainage area (contributing to a project of 10-year >_ 300 Acres and < 500 Acres 25-year >-500 Acres 50-year Critical Infrastructure Projects* 100-year Emergency Management Centers. Evacuation Routes. Hospitals. Fire and Rescue Stations. Police Stations. Shelters. Principal Highways and Major Roadways. Public Works. Public Utilities. Emergency Operations Centers. Etc.. Consult with the City Department of Emergency Management to determine if the project contains critical infrastructure. (Note: This requirement is more stringent than the VSMP Regulation and was applicable prior to January 1, 2013.) See Chapter 6 of the VDOT DM for explanations of design storms and return periods. Critical infrastructure projects shall be designed using a 100-year design storm (Consult with the City Department of Emergency Management to determine if the project contains critical infrastructure). All project designs shall be checked for flood impacts from a 100 year design storm (See Section 8.3.D.5 Check storm requirements for all projects). A flow chart for design storm frequency selection is shown on the next page. City of Virginia Beach-Public Works Design Standards 8-8 ' Chapter 8—Stormwater Management (.,..„..„.") June 2020 Figure \/I11_9 Design Storm Freguency Selection Design Frequency Selection /Drainage \ Ye Area• 300 ► 10-Year Acres? No ♦ D.A.2 300 yes Acres and< 25-Year 500 Acres • No Drainage Area 2500 Yes 50-Year Acres l ♦ ! 1 Critical Infrastructure ► 100-Year Projects i[h J I ` eck Storm(All.' it 100-Year D.A.Sizes) i 1 J i e• ♦ 1-year,2-year Erosion Control p or 25-year,24- `(All D.A.Sizes)/ hour(See SWMO) , If lower frequency design storm criteria is stated in the referenced documents (VDOT DM, Virginia Erosion and Sediment Control Handbook, Virginia Stormwater BMP Clearinghouse, or Virginia Stormwater Management Handbook) for drainage system components (channels, culverts, storm sewer systems, and SWMFs/BMPs), these Design Standards shall govern; however, the lower frequency design storm criteria cited in the reference documents shall also be analyzed and used for design. Applicable laws, ordinances, and regulations may require analyses using additional design storm frequencies, such as a 1-year, 2-year, or 25-year storm for channel protection or erosion control. City of Virginia Beach—Public Works Design Standards 8-9 �f.• ;; Chapter 8—Stormwater Management June 2020 Design B. Storm Depth-Duration and Rainfall Distribution Criteria Design stormStorm rainfall depths are generally taken from NOAA Atlas 14 precipitation frequency data. However, precipitation frequency studies undertaken by the City indicate that actual rainfall frequency depths in Virginia Beach are approximately 10% greater than those specified in NOAA Atlas 14. In order to address the need for more accurate design rainfall data and to consider projected increases in rainfall frequency depths over the next 30 years, rainfall depth-duration values were increased by 20% over NOAA Atlas 14 values. These updated design rainfall depths are presented in Table VIII- Refer to the City of Virginia Beach study titled"Analysis of Historical and Future Heavy Precipitation,"dated July 24, 2017(CIP 7-030, PWCN-15-0014, Work Order 9A)for additional information. Table VIII-42 Design Rainfall Depths for City of Virginia Beach (Inches) Design Storm NOAA Atlas 11 Rainfall Design Rainfall Frequency (24 Hour Duration) Depths (NOAA Atlas 14+ 1-YR 3-00 3.60 2-YR 3.65 4.38 10-YR 5-64 6.77 25-YR 6 9-9 8.39 50-YR 8,1-6 9.79 100-YR 9.15 11.34 Note: NOAA Atlas 11 precipitation depths do not vary significantly across the City (generally<0.1" difference). The NOAA 1'I rainfall ors latitudo 36.8201 .legreeo long+ de 7a 0756 de reel but shall be used for the entire City. The design storm depth, duration, and rainfall distribution criteria (1-year through 100- year design storm frequency)are dependent upon the analysis and design methodology to be used (See Section 8.4.c:A Methodologies for Stormwater Conveyance System Design and Section 8.5.t .-, Methodologies for Design of SWMFs/BMPs). PC-SWMMe files containing approved rainfall distribution data are available from the Public Works Stormwater Engineering Center. C. Sea Level Rise/ Recurrent Flooding Analyses The City of Virginia Beach is currently developing a comprehensive p sea level rise (SLR) of 1.5 to 3.0 feet over the next 50 years (The Sea Level Rise Study). These values arc consistent with the analysis and recommendations-described in the report the Virginia Institute-e _Farin►e Science in January 2013 entitled "Recurrent Fleeding Study for Tidewater Virginia." As described in that report, recurrent flooding-in the Tidewater region continues to incr asc in- both frequency and severity than one (1) foot over the pas+ 80 „ears Sea level rise+s currently prejestcd to continuc rate over the-eeming decades City of Virginia Beach—Public Works Design Standards 8-10 (00., Chapter 8—Stormwater Management June 2020 Ae sea levels increases in water levels. This is particularly significant for the design of storm-drainage far the design of these systems is dependent on accurate tidal information throughout the life cycle of the infrastructure. The process for incorporating tailwater criteria into storm drainage system design is described in detail in Section 8.3.D Hydraulic Grade Line and Tailwater Criteria. Base tidal elevations are generally taken from the FEMA Flood Insurance Study (FIS) for Virginia Beach and from studies undertaken by the City to assess tidal elevation frequencies particular to the City's southern receiving water bodies. 1. For development of Non-Critical Infrastructure within the City of Virginia Beach, design tidal elevations in the City shall be increased by 1.5 feet over the respective base (existing condition) values in order to address the impacts of minimum projected sea level rise on tidal tailwater levels. 2. For development of Critical Infrastructure within the City of Virginia Beach, design storm tidal elevations in the City shall be increased by 3.0 feet over the respective base (existing condition) values in order to address the impacts of maximum projected sea level rise on tidal tailwater levels. 3. The following drainage basins do not have long-range tidal protections included in the City's Sea Level Wise Adaptation Strategy plan. The design storm tidal elevations for the drainage basins below should apply the increased tidal elevations, shown in sections 1 and 2 above, to the check storm tidal elevations. a. Upper North Landing River b. Little Creek c. All areas south of Beggar's Bridge Creek Consult with the City Department of Emergency Management to determine if the project contains critical infrastructure. Refer to Table J-12 Design Tidal Elevations for Virginia Beach in Appendix J for design tidal elevations described in this section. D. Hydraulic Grade Line and Tailwater Criteria The Hydraulic Grade Line (HGL) must be calculated for all components of the proposed (post-development) conveyance and routed system, including any existing drainage system elements that contribute to or receive drainage from the proposed (post- development) conveyance and routed systems. The cleterm'nation of the HGL is a standard engineering practice-and-is a requirement to check the adequacy of the drainage system. It is apart and distinct from any requirement of the VSMP Regulation or any other federal, state,of-local--reg-u-lateni requirement. The calculation of the HGL is necessary te-determine: - The-elevations-Meng-the system to which the water surface rise when the system+soperating under design 2,-___._ Whether those water surface- elevations -are- acceptable per these- Design Standards For storm sewer system design, the HGL aids the designer - - determining the acceptability-ef the proposed system-by establishing elovationc-ta u�ta+s#-wa1ef will file+a City of Virginia Beach—Public Works Design Standards 8 -10 „,, „,.. 43. Chapter 8—Stormwater Management June 2020 the drainage structures (inlets, manholes, etc.) when the system is operating under the required design storm frequency and tailwater elevation (See Chapter 9 of the VDOT DM- The step-backwater method (HEC-RAS or WSPRO) is used to compute the HGL (called "water surface profile” in the VDOT DM) in a waterway reach. This calculation is used to evaluate the unrestricted water surface elevations for bridge hydraulic design or to analyze and design channels with gradually varied flow(See Chapters 7 and 12 of the VDOT DM). City of Virginia Beach—Public Works Design Standards 8-10 Chapter 8—Stormwater Management June 2020 The HGL calculations shall begin at the pointlimits of adequacyanalvsis in the downstream receiving stormwater conveyance or at the receiving water body, whichever is necessary to establish an accurate tailwater elevation (beginning water surface level) for the HGL calculations. The £,oir}tlirnits of adequacyanalvsis shall be as determined using these Desiqn Standards. The-water-surface of receiving waters (i.e. tailwater) affects the hydraulic conveyancc-of storm drainage systems. Stacked tides in the City's northern waters or wind driven tides occur in the Elizabeth or Lynnhaven River when steady winds from the north obstruct the flow-of water out of those river basins. Similarly, impoundments hold stormwater for many days have higher than normal water surface levels storm events. A tailwater or st_ar+ing at_e __r'a__ ele_atio i_ _,_ ed f HGL analysis and design of drainage systems. open channels culvet� impo ndments, lakes, and SWMFs/BMPs. To address the combination of rain and receivingwater surface elevation, each project shall be designed and analyzed using the following criteria: 1. Tailwater Criteria for Projects Draining to Tidally Influenced Waters a. When the project point of discharge drains directly into one of the water bodies listed in Table J-12 Design Tidal Elevations for Virginia Beach in Appendix J, the licensed design professional shall design and analyze the drainage system, starting at the mapped or surveyed edge of the water body, using tailwater design criteria with corresponding design storm/tide joint probability pairs, or 0.8 times the system discharge-pipe diameter {or height for non circular conduits) plus the invert elevation of the system discharge pipe. whichever elevation is higher. b. The required design storm frequency for a project shall be determined from Table Vlll-21 Design Storm Frequency for-Determining Controlling Tailwater Elevation. The corresponding design storm/tide joint probability pairs are provided in Table VIII-3 Design Storm/Tide Joint Probability Pairs for Determining Controlling Tailwater Elevation. The licensed design profe" Tonal shall analyze both joint probability pairs for the required design-storm frequency to determine which pair produces the -mere conveyance system. The more critical (higher)-tailwater elevation resulting from the above the elevation-determined by multiplying 0.8 times the system discharge pipe diameter plus the invert elevation of the s ,stem discharge pipe The higher of the two elevations (invert elevation plus 0.8D or Table VIII 2} s#all be selected as tailwater for the drainage system. City of Virginia Beach—Public Works Design Standards 8 -11 5 Chapter 8-Stormwater Management -r' June 2020 Table VTIII 2 Tailwater Elevation Gentributi-n-g-Dfa-i-nage-A-rea of f fey s--3-00 Acres 1-0-Yecr 300 Acroc and - 600 Acroc 26 yoar 500 Acres 660-yew • 1-00 year *Emergency Management Centers. Evacuation Routes, Hospitals, Fire and • arm ta- Table VIII-3 Design Storm/Tide Joint Probability Pairs for Determining Controlling Tailwater Elevation Tide Rain Tide Raie10 Tide Rain 50- Tide 100- Rain 1-0- 1 YR 25 YR 1-YR 502-YR 1-2-YR 1-89 3- 4-Y-R 1 YR 10 YR 2 YR 2510- 2 25-YR 50-YR 100-YR 100 YR Note: Refer to Table J-12 Design Tidal Elevations for Virginia Beach in Appendix J for corresponding tide elevations. Note: Joint probability pairs represent the highest-frequency tide with the rainfall with the lowest- frequency tide for each design frequency,as informed by joint probability studies undertaken by the City. Please refer to the City e#Virginia Beach - ctudy titled"Joint Occurrcncc and Probabilities of Tides and Rainfall,"dated October 2017(CIP 7 030, PWCN 15 001,1, Work Orders 2 and 5A)for Center).. d. When the project discharge point is not directly adjacent to a major water body, as defined herein, the designer shall determine the HGL between the project discharge point and the major water body to provide an accurate tailwater control for design purposes. The HGL analysis shall City of Virginia Beach-Public Works Design Standards 8-12 .,,:.,,,,„,.,, }4.) � Chapter 8—Stormwater Management . ..� f June 2020 c__ start at the mapped or surveyed edge of the major water body. If the HGL is determined using the Environmental Protection Agency Stormwater Management Model (EPA SWMM) or City-accepted value enhanced versions of SWMM, static tides, not diurnal tides, shall be used in the analyses. In no case can starting tailwater elevations be lower than the associated tidal elevation listed in Table J-12 in Appendix J. City Stormwater Master Plans and City SWMM files may be used for analysis, if available. 2. Tailwater Criteria for Projects Draining to Impoundments, Lakes, SWMFs/BMPs (with no tidal influence), or Non-Tidal Waterways a. For drainage systems designed +ei-n4a the Rational Met . d which discharge into existing impoundments, lakes, SWMFs/BMPs, and non- tidal waterways,the designer shall use the higher value of: i. 0.8 times the pipe diameter plus the invert of the system discharge pipe, or ii. The design year (10, 25, 50, or 100 based on contributing drainage area to each project or site outfall or critical infrastructure as per Table VIII-21 Design Storm Frequency fc. Determining-Gentrelling Tailwater Elevation) peak water surface elevation (WSE) in the receiving water body or waterway at the pipe discharge location. (Use a 10-year controlling WSE if the design storm frequency is 10-year; use a 25-year controlling WSE if the design storm frequency is 25-year; use a 50-year controlling WSE if the design storm frequency is 50-year; and use a 100-year controlling WSE if the design storm frequency is 100-year.) b. For drainage systems designed using EPA SWMM or City-accepted value enhanced versions of SWMM the design year peak water surface elevation at each node in the system shall be determined using dynamic routing (by modeling) of all contributing storm hydrographs through the storm drainage systems and receiving impoundments, lakes, SWMFs/BMPs, or waterways to the downstream ps+ntlimits of adequacyanalysis (See Sections 8.4m 884 and 8.5 for additional SWMM analysis and design requirements). City Stormwater Master Plans and SWMM files may be used for analysis, if available .and 8.5 for additional SWMM analysis and design requirements). City Stormwater Master Plans and SWMM files may be used for analysis, if available. - Tailwater Criteria for SWMFs/BMPs in Series: These criteria also apply to SWMFs/BMPs that are in series, where one SWMF/BMP discharges into-another SWMF/BMP, impoundment, or lake, which are in turn tributary to a tidal or non tidal water body or waterway. All components of the drainage system must be analyzed to the point of adequacy. 4,--- Tailwater Criteria for Storm Sewer Systems Analyzed or Designed Using the Rational Method Draining-te Proposed Stormwater Retention Facilities Designed Using the-Modified Rational or Course 'C' Method (Drainage Area (Contributing to Each-Site Outfall) Equal To ores&Than Two(2)Acres): Set the etarting tailwater elevation of ef4 City of Virginia Beach—Public Works Design Standards 8-13 j�' h 4�� f -�- Chapter 8—Stormwater Management `' June 2020 3. Tailwater Criteria for Projects with new (increased) impervious area less than 20,000 square feet a. When design methodology outlined in sections 8.4.A.2.a and 8.5.A.2.a are used, Designer has the option to use 0.8 times the pipe diameter plus the invert of the system discharge pipe; as the starting tailwater for HGL calculations in all storm events. City of Virginia Beach—Public Works Design Standards 8-14 t) ` i, e I Chapter 8-Stormwater Management .4..,., June 2020 of b--- - The water surface elevation at the peak rise of the -routing. b. When design methodology outlined in sections 8.4.A.2.a and 8.5.A.2.b are used, Designer has the option to use a variable tailwater provided from the City Master Drainage study. c. For drainage systems designed using tailwater elevations provided from the City Master Drainage Study, the provided tie-in location can be considered as the limit of analysis. Tailwater elevation data may--beis available upon request from the Stormwater Engineering Center 6, Check storm requirements for allpublic projects. and from the Development Services Center for private projects. E. Check Storm Requirements for All Projects a- All drainage system designs including SWMFs/BMPs and conveyance systems shall be checked using the check storm HGL analysis (incorporating the tailwater criteria stated in Section 8.3.D4--Tailwater Criteria for Projects Draining to Tidally Influenced--Waters Section &--360.2 Tailwater Criteria , SWMFs/BMPs (with no tidal influence), or Non Tidal Waterways) for flooding of buildings and streets i. Within the projectlif ii- Upstream or up pipe to the upper limits of each watershed that drains to the project, and H+. Downstream or down pipe of the project limits to the downstream point#adeg uacy- In cases where off-site structure and street flooding are determined to occur under pre- developed (existing) 100-year design storm drainage conditions, the HGL shall not increase over the pre-developed condition. O - 4-he tfse-€4-,SANMAA--4ual-t+aks+s provide more realistic model results. If building flooding occurs or streets are not pac.able (100 year HGL elevation is of roadway or top of curb), then the project (including grading, -stree+ ref les stew, and SWMFs/BMPs)- shall be redesigned-fie- meet this.. requirement. Additionally, the Floodplain Ordinance applies. E The lowest-floor (as defined In the current Floodplain Ordinance) of a newly constructed building or- manufactured home shall be set to the is------ The minimum distance -above the base flood elevation established in the City's Floodplain Ordinance or, ii. The same distance above the highest 100 year design storm City of Virginia Beach-Public Works Design Standards 8-15 .4) Chapter 8—Stormwater Management June 2020 HGL elevation within the drainage sub catchment of the building (incorporating the tailwater criteria stated in Section 8.3.D.1 Tailwater Criteria for Projects Draining to Tidally Influenced Waters or Section 8.3.D.2 Tailwater Criteria for Projocto influence), or Non Tidal Sound engineering judgment and practices shall be used when developing the downstream--ta-ilwater-elevations. The designer shall always take into consideration the potential for datum differences and make the correct adjustments. City of Virginia Beach—Public Works Design Standards 8-16 - E Chapter 8—Stormwater Management June 2020 he Designer i advised feria--ivate-development. -Stermwater-E—ng-ineeri;g-Cen-ter for City -ejects--fie--disuse thy, design. ojects tailwater renditions. F F Compensation for Seasonal High Groundwater All developments and projects shall include a seasonal high baseflow in all channel, lake, wetland, pond and other waterway and waterbody design calculations and routings. The designer shall include the minimum allowable baseflow rate using the seasonal high baseflow shown in Table VIII-4 for each drainage area. The seasonal high baseflow shall be added to the most upstream node, waterway, or water body in the drainage area or areas in which the development or project is situated. For example, if the drainage area to one outfall in a development is 60 acres, the seasonal high baseflow to be added to the most upstream node in the drainage area equals 0.5 c.f.s., because the on-site drainage area to each site outfall is between 50 and 100 acres. If the seasonal high groundwater table does not influence the development or project drainage, then the designer shall submit hydro-geotechnical or soil science data and reports that substantiate that claim. Table VIII-4 Groundwater Baseflows According To Drainage Area Drainage Area within Development or Project to Each Outfall(Acres)* Seasonal High Baseflow(c.f.s.) <50 0.2 >_ 50 and < 100 0.5 >_ 100 and < 250 1.2 >_250 and < 500 2.3 >_ 500 and < 1000 4.7 >_ 1000 Consult with Public Works Stormwater Engineering Center * Exclude drainage areas upstream of the project. Upstream and Downstream Drainage Analyses This section provides guidelines for consideration of upstream and downstream stormwater runoff and downstream improvements and easements associated with all development and redevelopment in the City of Virginia Beach. Drainage systems shall be of adequate design for the type of proposed improvements and must sufficiently handle the existing and projected contributing upstream stormwater runoff. There must be no detrimental impacts, such as on-site flooding of buildings and City of Virginia Beach—Public Works Design Standards 8-17 ryry' ..?t Chapter 8—Stormwater Management June 2020 streets and an increase in the frequency or level of off-site flooding of upstream or downstream properties, public right-of-ways, or drainage systems. 4- e designer shall accurately demonstrate-wan-calculations and that the project will create drainage, erosion, flooding,- that are equal to or better than the pre developed condition (lees erosion, less flooding, high water quality treatment). The site and upstream analyzed with these Design Standards and the documents referenced in Section 8.1. Prc frequencies- (Minimally 2 , 10 , and 100 year, see Section 8.3.A Design Storms— Minimum Frequency Criteria). For example, -a ay have ditches, depressions in fields, and ponds that store stormwater. The depressions in fields can act as-targe-P#allow-ends and can significantly attenuate the pre developed runoff rate. If these pre developed features arc ignored in the-design of a development project on the site, anticipated may occur. checked using HGL analysis for flooding of buildings and streets within the project limits, pstream e t„ tho r li.,,its „f each drainage a that drains to the project. and downstream or down pipe—of--the--project limits to the point of adequacy. This Tailwater Criteria. The modeling of flow down streets using dual links is recommended. The lowest floor (as defined in the current Floodplain Ordinance) of a newly constructed building or manufactured home shall be set the minimum distance above the base-flood elevation established in the City's Floodplain Ordinance or the same distance above the highest 100 year design storm HGL elevation within the drainage sub catchment of the building (incorporating the tailwater criteria stated in . . . Projects Draining to Tidally Influenced Waters or Section 8.3.D.2 Tailwater Criteria for Projects Draining elevation is higher. Adequacy of the downstream system must be demonstrated for all of the following: The downstream system must adequately convey the design storm to the pp-in-Omits of adequacyanalysis, using freeboard heights and headwater depths stipulated herein and in the referenced documents.Tt-edesign stormln calculations,flooding shall either be considered when: a. HGL exceeds the 10 year, 25 year, 50 year.rim or 100 year design storm, whichever corresponds to flowline of a structure, or the each drainage area contributing to its respective project or site outfall, served bytop of bank of a channel during a design storm. 1-:b. HGL exceeds the (Critical or non 8.3.A Design Storms Minimum Frequency Criteria). top of curb, centerline of roadway, or finished floor elevation of a building during the check storm. When flooding does not exist upstream or downstream of the proposed project, the post-developed HGL may increase provided it does not exceed the -of str-ustu-res-or- -top- of banic--of-open -tester s: -create a new area of flooding. City of Virginia Beach—Public Works Design Standards 8-18 Chapter 8—Stormwater Management June 2020 3.. When flooding exists upstream or downstream of the proposed project, the post- development design year HGL (10, 25, 50, or 100 per Section 8.3.A) shall not increase over the pre- development design year HGL (18.- 25, 50,—er--100 per Section- 3.A)-in all receiving channels and water bodies In conformance with Army Corps of Engineers standards, increase in HGL shall be defined as determined using methods described in the VDOT DM and the VSMH.any design that calculates 0.05' or greater increase in HGL (per ACOE EM 1110-2-1607 Appendix B). City of Virginia Beach—Public Works Design Standards 8-19 y ,,,...... ;, Chapter 8—Stormwater Management June 2020 3--- All requirements of the Floodplain Ordinance, SWMO, VDOT DM, and applicable met. If the upstream or downstream water surface elevation or HGL increases,where flooding already exists, by 0.01 feet or more, the design must be revised to eliminate that increase. If either the review engineer or the design consultant suspect that the post development or pre developed flows (rate or volume) exceed the capacity of the pre developed (existing) receiving channel, then downstream (Note: This requirement is more stringent than the VSMP Regulation and was applicable prior to January 1, 2013.) If the development drains directly via overland runoff or a stormwater conveyance system into a major water body, the development may continue to discharge into the major water body, at its present undeveloped rate of runoff without having an easement of record. This is provided that there is neither an increase in stormwater discharge or volume nor any more than a one (1) minute change in the timing of the peak discharge. The need for drainage easements and the type of drainage easement required (private or public) will be evaluated on a case =by_case basis. Whether the drainage easement is designated as private or public depends upon the source of the stormwater. The developer must obtain a private-drainage easement to drain any private stormwater through man-made portions (such as a canal, ditch, or pipe) of the downstream system that are not within pubhcexistinq drainage easements or right-of-way. Such drainage easements shall be dedicated along the entire conveyance system downstream to the closest of the following: Public easements are required for public drainage. When--any stormwater from -public easement shall be-dedicated -system downstrearn4e the 1. The-point of adequacy. 2-1. A major water body(See Definitions), 3-2._ A City of Virginia Beach right-of-way, or 4.3._- A City of Virginia Beach public drainage easement. See Chapter 2 Plats and Easements for detailed requirements The point of adequacy shall be as determined using these Design Standards. If a-or-4)-; above. i:, on private property, then the public drainage asement shall continue downstream-until it reaches-a easement, or a major water body (See Definitions). These to all projects, even if the -project stormwater outfall is held back-4o existing (pre development) -c nditieas; beta are required to-6e conveyed through an asement or right of way. to the City. Minimally, the designer shall submit a Plan that is in conformance--with- the SWMO:-Information that -is- required to- supplement--the downstream adequacy-analysis includes. but City of Virginia Beach—Public Works Design Standards 8 -20 Chapter 8—Stormwater Management `^•..�''f June2020 1. Topographical surveys that include contours and elevations, City of Virginia Beach—Public Works Design Standards 8-21 Chapter 8-Stormwater Management June 2020 2-- trees, Photographs, 4- Channel coefficient, 5 development 2 year 24 hour-and 10 year 21 hour design flows, 6. Pre development and post development drainage area maps, and 7. A location map. Pre-developed t#e If downstream improvements are proposed to provide conformance with the SWMO, then public drainage easements shall be provided for the downstream improvements to include the full extent of the improvements. The-Designer-is-advised-to-meek-wit-P-a,;:;:g/ Development Services Center- taff C torm...ote• Engineering G- The existing (pre developed)drainage condition must be evaluated for all projects to provide a comparison against the proposed drainage condition. The pre developed drainage patterns, drainage systems, SWMFs/BMPs, groundwater hydrology (baseflow rate -water-q-uality must be evaluated on site, adjacent to the project site, and upstream and the project site for the fell 1. To provide a detailed understanding of these f atures To coordinate proposed improvements features 3---- To minimize the erosion- nd flood impact from the proposed drainage improvements 4---- - -Te- facilitate --a-detailed-comparison--between- the- pre developed drainage condition and the proposed(post developed)drainage condition The pre developed drainage �- — Site visit/field review with photographic andwritten 2--- Documentation recommended by these Design Standards and the documents- referenced in Section 8.1. Analysis to the same level of detail and extent as the proposed drainage system design, using the same methodologies as used for the proposed drainage system and as required by these Design Standards and the documents referenced+a Section 4 City of Virginia Beach-Public Works Design Standards 8 -22 ! w1n42 7„ iE ;� j Chapter 8—Stormwater Management `4' June 2020 H. Projects Adjacent to or Discharging onto Property in Other Cities When there is potential for stormwater runoff to discharge into adjacent Cities or onto property in other Cities, the designer must consult with the agencies of that City and the property owner to determine any additional requirements. 8.4 Stormwater Conveyance System Design Requirements This section provides design requirements that are applicable to all conveyance systems (storm sewers, culverts, channels, ditches, swales, etc.). The VDOT DM is the primary reference for conveyance system design. Because SWMF/BMP design requirements are predominantly dictated by the SWMO and BMP Clearinghouse, SWMF/BMP design requirements are presented in Section 8.5 SWMF/BMP Design Requirements, separate from stormwater conveyance system design requirements. The design of complex conveyance systems, such as bridges, restored streams, rivers, stormwater pumping stations, or drainage systems in coastal zones, requires additional analysis. The use of applicable design standards and specifications are recommended. -The Designer--is a d---to meet with Planning/ Development Servi^ s renter Staff for ^ plex p sate renter for plex City projec-ts4e-discuss the-desig-napproach. A. Design Storms Frequency for Stormwater Conveyance System Design All stormwater conveyance system designs shall incorporate all requirements stated in Section 8.3 Design Requirements Applicable to All System Components, as well as this section In ad dition te. the freeboard ent of VDOT- DM Chapter 7 Sys Except for the design of stormwater conveyance systems (storm sewers, culverts, channels-d,rohes—a; swims) ser cress than 20 acres, where use of the Rational Method is permissible, design modified NOAA Type"C" 21 hour, 25 year rainfall distribution (See Section 8.3.B Design Storm Depth Duration and Rainfall Distribution Criteria). The shape of the-NOAA Type C 25 year rainf^II distrib Lion p ed-ta generate all other rainfall distribution curves. PC SWMM9iles that contain the rainfall distribution data ^ ^ ailabl^ from the D hr^ Works Stormwater Engineering Center. C:A_. __Methodologies for Stormwater Conveyance System Design The design methodology selection process as showri-44 Figure VIII 3. City of Virginia Beach—Public Works Design Standards 8 -23 „,,,,-,..„, ` Chapter 8—Stormwater Management June 2020 Figure-V1-14-3--Desierv-Methedolegy-SeleGtien--fer--Ster-rnwater---Genveyanse- Systerns No Drainage Yes Area<20 Acres? V p ♦ r Rational EPA-SWMM or a Computer Method or Program That Includes the EPA- EPA-SWMM SWMM Engine with Dynamic • Routing and Multi-Links 1. DrainageProposed (Increased) Impervious Area(Contributing to Each Site Outfall) '>_20- acres,000 square feet be-used to determine the peak stormwater runoff from each drainage area-with les., than 20 acres contributing to each project or site outfall. Otherwise, EPA shall be used for storm sewer system design. a--- To obtain rainfall intensities for use with the Rational Method. designers shall refer to the latest rainfall duration intensity frequency information for the City of Virginia Beach provided in the VDOT DM. which is based on National Oceanic and Atmospheric Administration (NOAA) Atlas 14 rainfall data. Consistent with the -8.3 Design Criteria,the designer shall utilize the Steel Formula coefficients found in Table J 1 in AppendixJ to calculate b. See paragraph c) below for time of concentration calculation requirements. c. The runoff coefficients shown in Table J 2 in Appendix J shall be used to calculate site specific composite runoff coefficients for use-with-the rational equation. 2. Drainage Area(Contributing to Each Site Outfall) -20 Acres a. For stormwater conveyance systems receiving z 20 acres of drainage area to each project or- site outfalt. theThe City requires drainage system analyses, pre-developed and proposed (post-developed) discharge hydrographs, and designs using EPA SWMM. Alternatively, designers can use a computer program that includes an EPA SWMM engine with Dynamic Routing that can be automatically uploaded into EPA SWMM. , - Pipes 15' and larger shall be included in SWMM models. Smaller pipes and open ditches can be modeled using methodology discussed below in section 2. City of Virginia Beach—Public Works Design Standards 8 -20 1t :—, , ; Chapter 8—Stormwater Management June 2020 2) Conduit lengths in SWMM models will be checked for accuracy to the nearest foot. l The modeler shall use Green-Ampt infiltration method and parallel pipe/ overland flow dual links rather than flood storage nodes. City City of Virginia Beach—Public Works Design Standards 8-20 j., n !! L Chapter 8—Stormwater Management `, -.., June 2020 Stormwater Master Plan models currently under development use Green-Ampt Infiltration parameters. The Green-Ampt parameters shown in Table J-13 in Appendix J shall be used for the Green-Ampt infiltration method. c. When EPA SWMM-based models are used, runoff flows times are computed using the catchment runoff widths. See paragraph c-below for time of concentration and travel time calculation requirements for the Rational and NRCS(SCS)Win TR 55 methods. d. The design storm rainfall dire available from the Public Works Stormwater €-agineering—Center cer~files of the rainfall distribution data are available from the Public Works Stormwater Engineering Center. c. The design storm rainfall distributions available from the Public Works Stormwater Engineering Center (based upon 120% of the City modified NOAA Type "C" 24 hour, 25 year rainfall distribution) shall be used. Occasionally, longer analysis. periods than--24-hours may need to-be included in the project analysis and design to reduce model instability and provide more-accurate modeling results. If longer analysis time periods are not used by the designer, the City reviewer may require their inclusion. 2. Proposed (Increased) Impervious Area < 20,000 square feet a. Designer may use any design that utilizes the 24-hour design storm. b. Designer has the option to use methodology described above in item 1. 3. Time of Concentration for Rafleeal-and NRCS (SCS)Win TR-55 Methods a. For many hydrologic methods, -accurate time of concentration calculations must be performed- -order to properly "size" a drainage system. The longest Time of Concentration (Tc) to each inlet shall be used for most catchments (See the Section 6.4.4.1.8 Common Errors of the VDOT DM for overland flow conditions that require adjustments to the Tc calculation). b. When using the Rational Method, theManninq's Kinematic Wave FormulationSolution is an acceptable manual method for determining the flow time for the first 100 feet of sheet flow(flow depths less than 0.1 feet). Manning's Roughness Coefficients for Kinematic Wave Formulation arc shown on Table d-3 r-Appeaelix- -FHWA or NRCS overland flow charts, equations, or software should then be used to determine times for shallow concentrated flow (flow depths between 0.1 and 0.5 feet). For flow depths deeper than 0.5 feet, channel or pipe flow times should be determined. c. When using thcThe total time of concentration (Tc) to an inlet or other point of analysis equals the sum of sheet flow time plus shallow concentrated flow time plus channel/pipe flow time. For NRCS (SCS) Win TR 55,Tc equals the-sum EA4ravel Times(Tt)for sheet flow,- shallow concentrated flow-and-Ghan-Re-1-4p-ijae.flow.- See Chapter 5 Tabular Hydrograph Method of NRCS TR-55 for development of travel times for stream reach routing. City of Virginia Beach—Public Works Design Standards 8-21 a—, Chapter 8—Stormwater Management ' June 2020 4. Compliance with the SWMO is required no matter what design method is used City of Virginia Beach—Public Works Design Standards 8-22 ter �E -;, Chapter 8—Stormwater Management June 2020 +' _, Additional Requirements for Stormwater Conveyance Systems This subsection provides additional requirements for specific components of stormwater conveyance systems, including storm sewer systems, storm drain inlets, channels, ditches,swales, canals, and lakes. Storm sewer systems receiving lees than 20 acres of drainage to each site drainage outfall may be designed in accordance with Chapter 9 of the VDOT DM. See Section J.I Storm Sewer System Design Outline in Appendix J for an overview of an approved method for sizing each storm sewer system receiving a dial a less than 20 s to the each project n site drainage outfall and for drainage inlets in the-City--of Virginia Beach. Otherwise, EPA SWMM based models,may be used for storm sewer system design. 2. Storm sewer systems site drainage outfall) shall be designed in accordance with these D qn Standards and the referenced documents. Manning's"n"Roughness Coefficients for Storm Sewer Pipe and Culverts are provided in Table J-4 in Appendix J. Design Methods for Storm Drain Inlets Storm drain inlets on public highways and streets shall be designed in accordance with Chapter 9 of the VDOT DM, except rainfall intensity values shall be increased by 20%. Drainage Structure Standards and Dimensions a. Standard drawings for City of Virginia Beach drainage structures are shown in Appendix B. b. Dimensions for City of Virginia Beach and VDOT drainage structures are provided in Tables J-5,J-6, and J-7 in Appendix J. Design Methods for Channels and Culverts Channels and culverts shall be designed in accordance with Chapters 7 and 8, respectively, of the VDOT DM. Manning's "n" Roughness Coefficients for Channels, Streams, and Floodplains are listed in Table J-8 in Appendix J. The selection of Manning's"n" is generally based on observation; however,considerable experience is essential in selecting appropriate n values. 8-5. Ditches greater than 18 inches in depth shall be piped within City of Virginia Beach right of ways, public easements, and ewneel-property, unless required to—meet the SWMO. However, the installation of underground storm sewer systems shall be the preferred method for closing ditches greater 4h 1-8-inches in depth on all projects. Open drainage systems and channels are allowed where culvert requirements exceed a 72-inch diameter of reinforced concrete pipe(or equivalent) Put must beaovedby the plan review engineer.) Swale systems may be utilized up to 18 inches in depth, as measured from the invert of the swale to the "top of(excavated) cut." Swale side slopes must be no City of Virginia Beach—Public Works Design Standards 8-2 3 (4, Chapter 8-Stormwater Management June 2020 6. steeper than 3:1 H:V (horizontal to vertical); however, flatter slopes are encouraged. The minimum longitudinal slope of swales shall be 0.5% or 0.005 ft./ft. Drainage swales shall not be constructed to flow across more than one lot, as--it is owners Dry swales, designed and constructed in accordance with the Virginia Stormwater BMP Clearinghouse Design Specifications, are permitted on individual lots. An 14,7. Public drainage systems shall not be allowed in rear yards of residential properties. Storm drain piping,conveying private drainage,shall be on a single lot. 1-18. Shorelines and side slopes for canals and for lakes and ponds with a normal pool surface area of one acre or more shall be at a minimum designed and constructed in accordance with the following standard drawings (See Appendix B): a. B-23 Rip Rap Shoreline Protection for Lakes, Ponds, and Canals without Benching b. B-24 Acceptable Slope Alternative for Lakes, Ponds, and Canals without Benching c. B-25 Rip Rap Shoreline Protection for Lakes, Ponds, and Canals with Benching 1-2 9. Whenever the canal top-of-bank to top-of-bank width is 30 feet or greater, public maintenance easements (as per the above standard drawings) shall be provided on both sides of the canal beyond the top of bank. All public maintenance easements shall be free and clear of trees and structures but shall be sloped to facilitate drainage. Maintenance easement cross slopes shall not be more than 6%. The requirement for public maintenance easements along both sides of canals will not be waived, since crews cannot maintain wider canals from only one(1) side. 44-10 The designer shall inspect and classify the soil on all bank slopes graded steeper than 7:1 H:V and recommend appropriate stabilization and wave protection measures. In no case shall side slopes be steeper than 3:1 H:V. 14,11. Bank slope protection for canals and for lakes and ponds with a normal pool surface area of one acre or more shall be installed adjacent to all water bodies with bank slopes steeper than 7:1 H:V in accordance with the standard drawings. Bank slopes that are steeper than 7:1 H:V require riprap or other appropriate long-term hardened revetment design for stabilization at the waterline, as shown on the standard drawings. This minimizes escarpments and damage from wave action at the normal waterline. Channels, canals, and lakes shall only be excavated from previously undisturbed soil. Box cutting (vertical excavation) followed by establishment of conforming bank slopes by placement of fill material is strictly prohibited. 1&.- Whenever open channel drainage systems or swales are installed, adequate bank stabilization and erosion control measures shall be carried out according to the Virginia Erosion and Sediment Control Law and Regulations, the Virginia City of Virginia Beach-Public Works Design Standards 8 -24 ic.. :41y.4♦ Chapter 8—Stormwater Management June 2020 Erosion and Sediment Control Handbook, the City Code, Chapter 30, Article III "Erosion and Sediment Control,"and Chapter 9 of these Design Standards. 8.5 SWMF/BMP Design Requirements This section provides design requirements for SWMFs/BMPs within the City of Virginia Beach. The SWMO provides specific water quality and quantity design and compliance requirements and references the VSMH, Virginia Stormwater BMP Clearinghouse website, VSMP Regulation, and these Design Standards. Typical steps-to- provide compliance with the VSMP Regulation and drainage design, including design of conveyance systems and SWMFs/BMPs. arc shown in the next three figures(See Figures VIII 'I a, b,and c on the next few pages). City of Virginia Beach—Public Works Design Standards 8 -25 4-.) ) is.,.-,,,,,,,,, 4 .:,._ . : \.- ..„ Chapter 8—Stormwater Management June 2020 1.VSMP Compliance Analysis \ Evaluate Existing Condition, including routing of the design storm(2, 10,25,or 50 year per these Design Standards) i r \ Determine Rough Project Layout Apply Environmental 1 Site Design Techniques • i • • Apply Runoff Reduction Practices i 4, Refine Layout Apply Pollutant A Removal Practices • l Target Load Limit NO Achieved? Yes V GOT02. PRELIMINARY \DRAINAGE DESIGN (Figure City of Virginia Beach—Public Works Design Standards 8-26 • Chapter 8—Stormwater Management June 2020 Figure 2. Preliminary Drainage Design Prepare Rough Grading Design and Determine Preliminary Drainage Design (See Figure VIII-1 Typical Process for Drainage Design) yr eets Design and Legal No Go Back to Step 1. Requirements ► VSMP Compliance and Project Analysis Goals? ves GO TO 3. FINAL DRAINAGE DESIGN (Figure Continued on Next Page) City of Virginia Beach—Public Works Design Standards 8-27 Chapter 8—Stormwater Management June 2020 3. Final Drainage Design Determine Final Drainage Design,including routing the design storm through the entire drainage system(See Figure VIII-1 Typical Process for Drainage Design) Go Back to Step 1.VSMP Meets Design and Compliance Analysis or Legal N; Step 2. Preliminary Requirements and Drainage Design,as Project Goals? necessary to meet design and legal requirements Yes SUBMIT DESIGN FOR REVIEW, REVISE UNTIL APPROVED A Deli Stor 1s — Frequency rlration anr) Rainfall Distributions fr`r e f Section 1 15 of the SWMO specifies the minimum frequency and duration standards for stormwatcr management design: Design Storms--Minimum Frequency Criteria and 8.3.D Hydraulic Grade Line- and Tailwater Criteria. SWMFs/BMPs shall not cause flooding of buildings or make streets impa,cable during thew-88-year design stormee Section-8.5.0 Additional Design and Construction Criteria for SWMFs1BMPs). The lowest floor (as defined in the current Floodplain Ordinance) of a building Of manufactured home shall be set the minimum distance-above the base flood elevation established in the City's Floodplain Ordinance or the same distance above the highest-100 year hydraulic grade line (HGL)- elevation within the drainage sub catchment of the building City of Virginia Beach—Public Works Design Standards 8-28 uChapter 8-Stormwater Management ••....-` June 2020 Criteria for Projects Draining to--TidallyWaters-dr-Section 8.3.D.2 Tailwater Criteria for Projects Draining is-Impoundments, Lakes, SWMFs/BMPs (with no tidal The routing of the following design storms under prc and post development conditions through a11--drainage systems contributing to the project, within the project limits, and submittals made to the City: 4,--- 1 year or 2 yew-design storm as per the SWMO, 2. 10 year, 25 year, 50 year, or 100 year design storm, as per Section 8.3.A,and 3. 100 year check storm, as per Section 8.5.C.3. For SWMF/BMP and conveyance system analysis and design, the design storm rainfall distributions (based upon 120%-ef the-fifty-reed-ifted Type "C" 24 hour, 25 year rainfall distribution available from the Public Works Stormwater Engineering Center) shall be used for stormwater conveyance system and routing analysis and design. The shape of curves. PC SWMM®--files containing the approved rainfall distribution data arc available from the Public Works Stormwater Engineering Center. Stormwater control structures must be able to operate without any adjustments after installation and shall be able to handle the designed stormwater flow for all required storm events. The licensed design professional and the firm for which the licensed design professional is performing the work are responsible for the design and for assuring that the design meets all applicable requirements and, for the required design storm/tide frequency pairs and the 100 y ar check storm, results in no flooding on site and no increase in-floodi-ng upstream and downstream of the site. B.A. Methodologies for Design of SWMFs/BMPs The design methodology selection process for SWMFs/BMPs is as follows: 1— impervious area is-at least 10%-less-than the existing impervious area: Designer may use any computer design software that utilizes the 21-hour design storm hyetograph-with increased precipitation and the static tailwatcr provided by the Development Services Center or the Public Works Stormwater Engineering Center. Under these conditions, the -requirement to evaluate flooding impacts, upstream and 4s waived. 2-1. All other development-projects not included ire-P-aragraph 1 abovoWhen a project proposes more than 20,000 square feet of new (increased) impervious area, or designer elects to use this methodology for any development project. designer shall use the following computer programs for hydrologic and hydraulic calculations pertaining to SWMFs/BMPs: a. EPA SWMM, or b. Value enhanced SWMM programs that can directly exchange input data with EPA SWMM. City of Virginia Beach-Public Works Design Standards 8-29 1`f`. �- Chapter 8—Stormwater Management June 2020 These computer programs are preferred by the City for use in all hydrologic and hydraulic analyses, no matter what size the drainage area is. 3----- -- All SWMF/BMP designs shall conform to the SWMO, as amended by these- Design Standards. 4------ In cases under Paragraph 1 above, the designer-ie responsible for determining appropriate software for each design and analysis and for demonstrating the applicability and appropriatene's of the software for each design, 5. The Designer is advised to meet with Planning/ Development Services St^ at^ En Cent^ fo ple City projects to discuss the 2. When a project proposes less than 20,000 square feet of new (increased) impervious area, designer has the option to use any of the following methodologies: a. Any design that utilizes the 24-hour design storm. When using this alternate methodology, the following minimum storage requirements shall be met: 1) Provide stormwater storage to account for 100% of increased volume generated pre-development to post-development for the design storm. 2) If the provided tailwater from the City Master Drainage Study(the higher of either 10-year+SLR or 100-year without SLR) shows existing flooding onsite. provide 1:1 stormwater storage for any fill added below existing peak tailwater elevation. 3) Tailwater based on 0.8d of the receiving pipe. b. Any design that utilizes the 24-hour design storm. When using this alternate methodology, the designer will use a variable tailwater as described in the tailwater section: c. Same as described above in item 1, except for these smaller projects the modeling updates can be limited. If drainage patterns stay the same, the model updates can be limited to impervious cover changes without changing subcatchment delineations. C.P Additional Design and Construction Criteria for SWMFs/BMPs 1 All residential subdivision retention and detention SWMF/BMP basins must be designed in such a way that the 100 y ar storm event rise does not exceed the base flood elevation-shown for Zones AE, AH, AO, or AR on the FEMA FIRM maps. To be excluded from this requirement, the ground of the affected residential subdivision must-be set a minimum of-one (1) foot above the FEMA FIRM base flood-elevation. (Note: This requirement is more stringent than the V E inia Stormwater BMP Clearinghouse Design- Specifications and was applicable-prior to Januar 1, 2013.) Tailwater performance of an outlet device. Many factors, such as annual high tides, seasonal 1 4 -der,end flood elevations,-will affect tailwater elevations. (Note: This requirement is more stringent than the Virginia CI - ghouse Design Specifications -and--wa-s applicable -prior-to January -17 City of Virginia Beach—Public Works Design Standards 8 -30 u-- Chapter 8—Stormwater Management June 2020 2013.) A backwater check shall be calculated to determine the correct orifice and outlet sizes. See Section- B--Hydraulic Grade Line and Taiwator Criteria for additional guidance. 3. All drainage system designs including SWMFs/BMPs and conveyance systems shall be checked using 100 year design storm hydraulic grade tine analyses for flooding of buildings and streets-w�"i^ hem project limits, upstream or up pipe to the upper limits of each drainage area that drains to the project, and downstream Of-- down pipe of the project limits to the downstream point--of--adequacy, ailwatcr criteria stated in Section 8.3.D. If building flooding occurs or streets are not passable (100 year HGL elevation is above crown of roadway or top of curb), then the project (including grading, street profiles, conveyance systems, and SWMFs/BMPs) shall be redesigned to meet this requirement. Additionally,the Floodplain Ordinance applies. 4- See Section 8.3.F Upstream and Downstream Drainage for upstream and downstream drainage adequacy requirements. 5. As�check, extend the FEMA FIRM Zone AE, AH, AO, or AR 100 y or base flood elevation horizontally into the streets that are within the project limits and check proposed road grades. If building flooding occurs or streets are not above crown of roadway or top of curb) during the FEMA FIRM Zone AE, AH, AO, or AR 100 year base flood, then the project {-inolucl-ing grading, street profiles,conveyance systems, and SWMFs/BMPs)shall City of Virginia Beach—Public Works Design Standards 8-31 Chapter 8-Stormwater Management ..�- June 2020 be redesigned to meet this requirement. Additionally, the Floodplain Ordinance applies. 6. The lowest floor (as defined in the current Floodplain Ordinance) of a newly constructed building or manufactured home shall be set at the minimum-distance above the base flood elevation established in the City's Floodplain Ordinance or the same distance above the highest 100 year design storm HGL elevation-within 8.3.D.1 Tailwater Criteria for Projects Draining to Tidally (with no tidal influence), or Non Tidal Stormwater detention and retention facilities must be designed to return to a water surface elevation that will provide 90% of the design event storage capacity within 48 hours of the end of the City's 24 hour 10-year storm. This requirement is in addition to the drawdown requirements of the Virginia Stormwater BMP Clearinghouse. The elevation of the normal dry weather water level will not be less than the 10- year design tidal elevation (See 1-year tidal elevation, with 1.5-feet SLR, in Table J-12 Design Tidal Elevations for Virginia Beach) of the downstream major water body. (Note: This requirement is more stringent than the Virginia Stormwater BMP Clearinghouse Design Specifications and was applicable prior to January 1, 2013.) This dry weather water level minimizes the destruction of vegetation due to saltwater inundation and will help mitigate the high flood stage or tide impact on the available storage within the SWMF/BMP. s3. The baseflow of the nearest major water body shall be considered in establishing the normal dry weather elevation of a SWMF/BMP. The depth of baseflow shall be-wed derive the normal en/ Seasonal High addition requirements). -Infiltration-shall For SWMF/BMP design, the seasonal high groundwater (SHGW) level shall be determined and certified by a Virginia licensed professional engineer, hydrogeologist, or soil scientist with training and experience in advanced soil morphology. The certification of the SHGW level The locations of pests, and-soil borings shall be shown and labeled on the plans. During the infiltration and percolation testing, the underlying soils shall &oak for 24 hour& before determining the infiltration or percolation rate, in accordance with regulatory (Virginia DEQ. NRCS,or U.S.-Acrn -Corps-f Engineers)practices The certification of the SHGW elevation shall be included with the drainage calculations for each proposed SWMF/BMP. 11 The designer shall consider the effects of groundwater mall open conveyance system and baseflowsand le„els shall be cetera f r the desig of al -open conveyances (above and below ground). Groundwater using-the procedures described in Section 8.3.E Componsation for Soasonal High Groundwater. The seasonal high baseflow shall be added to the most nstream ode iaterway .ater body arch drainage .ithin the City of Virginia Beach-Public Works Design Standards 8-30 uChapter 8—Stormwater Management •••-°.' June 2020 development or project. 4. Underdrains shall be required for all SWMFs that utilize percolation. regardless of the infiltration rate. These underdrains shall be perforated and run horizontally along the entire length of the SWMF, and shall be connected to a surface drainage structure (at least 1 surface drainage structure for every 100 linear feet of pipe). Underdrains are only required within the horizontal limits of the SWMF to aid in infiltration and are not required to have a designed outfall. 12.5. ._ See the Virginia Stormwater BMP Clearinghouse Design Specifications for minimum vertical separation distances between SWMFs/BMPs and the seasonal high groundwater table and for additional SWMF/BMP design requirements. Requirements related to freeboard, setbacks, and maintenance access for extended detention basins shall also apply to all surface detention facilities with at least 18" depth. 13- The -V of ter BMP—Clearinghouse freeb ra o „ts fn cxtcndcd dctcntion basins shall also apply to dry detention ponds. 14. Positive d phP rainago all be provided for all SWMF/B-MP discharges.. €xcept G I11 where there are development) discharge must be reduced to the capacity of the downstream development rate for all storm frequencies up -req-uired design storms. The downstream system from a considered in the design process. (Note: This requirements more stringent than the VSMP Regulation and was applicable prior to January 1, 2013.) 4- 66 Outlet control structures shall be designed to discourage clogging. Washed gravel can be piled around small diameter perforated pipes or orifices to discourage clogging due to sediments in the stormwater. The minimum on-site storm sewer pipe diameter used to restrict stormwater runoff flows shall be six(6) inches. See Appendix B Principal Spillways of the Virginia Stormwater BMP Clearinghouse Design Specifications for outlet control structure design guidance. SWMFs/BMPs shall only be excavated from previously undisturbed soil. Box cutting (vertical excavation) followed by establishment of conforming bank slopes by placement of fill material is not allowed. All wet SWMF/BMP retention basins shall conform to the following Standard Drawings: a. B-23 Rip Rap Shoreline Protection for Lakes, Ponds, and Canals without Benching b. B-24 Acceptable Slope Alternative for Lakes, Ponds, and Canals Without Benching c. B-25 Rip Rap Shoreline Protection for Lakes, Ponds, and Canals with Benching Bank slopes steeper than 7:1 H:V shall have riprap or other appropriate long- term hardened revetment design for stabilization at the waterline to prevent erosion from wave action. (Note: The requirement for riprap stabilization at the waterline is more stringent than the Virginia Stormwater BMP Clearinghouse Design Specifications and was applicable prior to January 1, 2013). In no case shall side slopes be steeper than 3:1 H:V. City of Virginia Beach—Public Works Design Standards 8-31 ., 3.) Chapter 8—Stormwater Management •....- June 2020 For lakes and ponds with a normal pool surface area of less than one acre. the minimum required side slope is 4:1Liners 1-8 9. Impermeable liners shall ontynot be used in- proposed wet ponds when—a etormwater hot spot discharges into the pond.for BMP facilities unless: 1-9, Infiltration basins, infiltration trenches, dry wells, permeable pavement, and vegetative males with check dams in public right of ways are discouraged. However, if these SWMFs/BMPs are used in the right of way, after receiving City of Virginia Beach—Public Works Design Standards 8 -32 (3)) Chapter 8—Stormwater Management June 2020 discharge. The designer shall assume the ground surface is fully saturated. a. HGL group A or B soils exist that will not allow the maintenance of the normal water elevation of a wet pond; or, b. Liners are required to prevent groundwater contamination. 1.0. All facilities that account for infiltration in routing calculations shall use the following maximum rates in design: a. 1 or 2-year storm_'/2 field measured rate b. Design storm: Y4 field measured rate c. Check storm: 1/8 field measured rate 2A 11 All underground SWMFs/BMPs must be marked with a 5"x 5"x '/4' or larger steel plate at each corner or marked with white metallic marking tape, three (3) inches wide, placed on top of the SWMF/BMP, not to exceed one (1) foot below the ground surface level. In certain cases, at the option of the City Inspector, it may be appropriate to use both. 24 i. Control structures shall be person-accessible and shall be of sufficient size to accommodate a 12-inch diameter vacuum hose. 22.13. Plastic (HDPE, PE, etc.) and corrugated (aluminum or steel) metal manufactured treatment devices (MTDs)are not allowed withwithin City right-of-way. 14. Privately owned SWMFs/BMPs (Ponds, infiltration facilities, bioretention facilities, dry swales, filtering practices, rainwater harvesting systems, etc.) shall only be placed on a single lot, not cro"sing any let lines and not within the public right of way, and shall not be placed should not be placed behind residential structures in rear yards and shall not be placed in the public right of way. 15. City maintained wet ponds require that the main cell be a minimum of five(5)deep. 23.16. City maintained SWMFs shall not install check valves as part of the discharge system. Additional Safety Considerations for SWMFs/BMPs Even the most carefully designed outlet systems are susceptible to clogging. Outlet structures shall be equipped with an emergency overflow design or an emergency overland flow path to an adequate receiving channel or water body, thereby preventing buildings and parking lots from flooding. t- Maintenance Requirements Where public stormwater is routed through an SWMF/BMP, a drainagea+ndimpeuRdment Basemen st recorded er the ent re SWSAC/BMP � � easements must be dedicated to the City of Virginia Beach when such facilities are not within a public right of way. SWMFs/BMPs require regular maintenance. All private SWMFs are required to meet all minimum maintenance and access standards outlined in the DEQ BMP Clearinghouse. The owner shall execute a "SWMF Maintenance Agreement" for storm and surface water facility and system maintenance for all SWMFs/BMPs. with the exception of single family site developments. The preliminary and final plats and completed SWMF Maintenance Agreement must be submitted to Planning/DSC for review and recordation in the office City of Virginia Beach—Public Works Design Standards 8-33 qv. cd, s f Chapter 8—Stormwater Management June 2020 of the Clerk. Circuit Court in the City of Virginia Beach. The latest agreement form and plat requirements are available from Planning/DSC. Public SWMFs are required to meet the additional standards listed below Accessible 20- foot wide public entrance access easements from public streets to SWMFs/BMPs and a maintenance and inspection access easement around SWMFs/BMPs shall be set aside so maintenance equipment can access all SWMFs/BMPs. These easements shall be dedicated to the City. SWMFs/BMPs may need public easements for staging of maintenance equipment, drying of dredge spoils, or stockpiling of excavated material. Additionally, 20-foot wide public lake entrance access easements (one (1) for every five (5) acres of lake) shall be dedicated to the City. SWMFs/BMPs greater than %acre shall provide adequate space near them for spoil or stockpile facilities (needed for maintenance) or provide a public easement on a park site with a minimum of two public access pumping easements along the appropriate lot lines. The pump-hose easements must have a minimum width of 10 feet. (Note:These requirements are more stringent than the Virginia Stormwater BMP Clearinghouse Design Specifications and were applicable prior to January 1, 2013.) Section 8.4.D Additional Requirements for Stormwater Conveyance Systems for additional easement requirements. City site development projects (fire stations, libraries, police stations, recreation centers, schools, etc.) with ponds on City property that are not within City right-of-way must provide all required City of Virginia Beach drainage impoundment easements on the site drawings and any recorded subdivision plats. These easements shall be labeled as City of Virginia Beach—Public Works Design Standards 8-34 111t �F ti '— Chapter 8—Stormwater Management f June 2020 proposed drainage easements on the drawings and subdivision plats. A note shall be provided on the subdivision plat stating: "All easements shall be established by a legal document prior to transferring the property to private ownership." Within each public access and maintenance easement, a paved driveway shall be installed from the street to the 20-foot wide maintenance easement that encircles the impoundment easement of each SWMF/BMP site. The paved driveway access shall be constructed with either asphalt or concrete, designed to support an AASHTO HS-20 live load, have a minimum width of 15 feet, and have a City of Virginia Beach standard residential entrance with a width to match the paved driveway and contain two 2-foot wide flares located at the roadway. Each of the paved driveways shall be maintained by the City as necessary. These access easements shall be dedicated to the City of Virginia Beach by deed in order to allow the City staff to inspect all SWMF/BMP sites. The etormwater engineer about design id as with the Department of Public Works Operations Division concerning any specific site e.ds .,dyer restrictie s fer each SWMFiBMP Access to each SWMF/BMP shall be available at all times and property owners found impeding this paved driveway shall be given 24 hours' notice to remove the impediment or the City will remove the obstruction at the property owner's expense. No permanent structures or obstructions are permitted in the easement and the driveway surface shall not be altered by private entities and/or property owners without prior approval from the City of Virginia Beach. Outlet devices and other structures for public facilities must be constructed of reinforced concrete. Bolting appurtenances in place discourages vandalism. All components of outlet devices and other structures shall be accessible for maintenance. The and completed SWMF Maintenance Agreement must be submitted to Planning/ DSC for review and recordation in the office Impoundment Easements A City drainage and impoundment easement must be recorded, by plat, over the entire lake, pond, drainage system, retention basin, detention basin, or other SWMF/BMP where public water is routed, when such facilities are not within a public right-of-way. The following notes must be shown on the plat where City or public waters or stormwater runoff flows through or into such a facility. Note 1. "The variable width Impoundment, Drainage, Access, and Maintenance Easement shall be available for all of the following, but not limited to, conveyance, collection, storage, drainage, impoundment, treatment, and other related uses of surface water and/or groundwater and maintenance of and access to and over the stormwater management facility. No alterations whatsoever of the stormwater management facility and its bank side slopes within the limits of the impoundment, drainage, access, and maintenance easement is permitted without the approval of the Department of Public Works. City maintenance shall be limited to that as described in the recorded Deed of Easement,see Note 2." Note Z. "Variable width impoundment, drainage, access, and maintenance City of Virginia Beach—Public Works Design Standards 8-35 fry7�. jChapter 8—Stormwater Management -z;w`:. June 2020 easement to be dedicated to the City of Virginia Beach by deed recorded Instrument Number_in the Office of the Clerk of Circuit Court in the City of Virginia Beach." )Vote 3. "Twenty-foot (20') wide access and maintenance easement to be dedicated to the City of Virginia Beach by deed recorded as Instrument Number in the Office of the Clerk of Circuit Court in the City of Virginia Beach." Note 4. if storm water pipes are located in the access way and for use in dedicating public drainage easementg: foot ') wide drainage, access, and maintenance easement hereby dedicated to the City of Virginia Beach." All required drainage and impoundment easements shall be platted and dedicated to the City of Virginia Beach. la ision lot be allowed to be platted over-a SWMF/BMP. GF. Stormwater Management Facility (SWMF/BMP) Maintenance Schedule SWMF/BMP maintenance and maintenance schedules shall be in accordance with the Virginia Beach Stormwater Management Facility Inspection and Maintenance Manual. 8.6 Materials All storm sewer systems, culverts and open drainage systems/ways shall be constructed in accordance with the applicable provisions of Divisions II through VI of the VDOT Road and Bridge Specifications, the VDOT Road and Bridge Standards, City of Virginia Beach Standard Amendments to the VDOT Road and Bridge Specifications, City of Virginia Beach Amendments to the VDOT Road and Bridge Standards, and these Design Standards, including the Standard Drawings in Appendices A,B, and C. A. Drainage Structures 1. VDOT Drainage Structures VDOT storm drainage inlets and curbs and gutters (CG-6 or CG-7) shall be used in all right-of-ways greater than 60 feet, unless otherwise directed or approved by the Department of Public Works. All other drainage structures, including catch basins, storm inlets, junction boxes, and manholes, shall be standard precast or cast-in-place concrete structures, unless otherwise approved by the Department of Public Works. Use of brick or non-standard drainage structures requires Department of Public Works approval. Hollow masonry block structures are not permitted within the City right-of-ways, public easements, or City property. 2. Inlet Shaping All storm structures (drop inlets, catch basins, and manholes, etc.) shall have full diameter invert shaping in accordance with VDOT Standard IS-1. 3. Weep Holes All storm drainage inlet structures in the right-of-way shall have a note or detail City of Virginia Beach—Public Works Design Standards 8-36 t Chapter 8—Stormwater Management CI June 2020 indicating that the drainage structures have permanent weep holes installed at the aggregate/subgrade interface. These weep holes will remain open after completion of the construction by using hardware cloth (or an acceptable alternative as approved by the City's Inspector) to prevent gravel intrusion into the drainage structure. Weep holes shall be constructed in accordance with City Standard Drawings as specified in Appendix B or in accordance with the VDOT Road and Bridge Standards. 4. Pipe Connections to Drainage Structures When storm sewer pipes are within City right-of-way or public easements, all connections shall be with a standard drainage structure, as referenced herein. Appropriate flexible, sealed connections in accordance with manufacturers' recommendations shall be used when pipes and structures of dissimilar materials are joined. 5. Requirements for Modified or Non-Standard Drainage Structures Detailed drawings and supporting structural design computations must be included in the design documents when storm drainage structures are designed using other than City of Virginia Beach or VDOT standards or when standard drawings are modified. The drawings and structural design computations shall be prepared, signed, dated, and sealed by a structural engineer licensed by the Commonwealth of Virginia, Board of APELSCIDLA. 6. Minimum Interior Dimensions Where the depth of the modified or special design drainage structure is less than four(4) feet, the length and width shall each be a minimum of three (3) feet or the outside diameter of the largest connecting pipe, whichever is greater, along each wall pair. Where the depth of the modified or special design drainage structure is equal to or greater than four (4) feet, the length and width shall each be a minimum of four (4) feet or the outside diameter of the largest connecting pipe, whichever is greater, along each wall pair. See Tables J-5, J-6, and J-7 in Appendix J for suggested minimum drainage structure dimensions. B. Pipes 1. Minimum Allowable Pipe Diameter for Pipes within City Right-of-ways or Public Easements The minimum storm sewer pipe diameter that is permitted in the City right-of-way or public drainage easement shall be 15 inches. When conditions adjacent to a paved street or parking lot dictate, such as at the shallow end of the system or where conflicts exist, a 12-inch, 10-inch or 8-inch pipe with a reach length not to exceed 50 feet may be used as an exception. This is intended for situations involving connections or extensions to existing systems with established geometric constraints. This exception to the minimum pipe size criteria shall not be considered for new storm sewer systems. 2. Allowable Pipes All pipes in public easements, City right-of-ways, and City owned property shall be reinforced concrete pipe, conforming to the specifications for concrete storm sewer pipe (AASHTO designation M- City of Virginia Beach—Public Works Design Standards 8 -37 (1/4,,....,.." Chapter 8—Stormwater Management June 2020 a. 170) with the modification that all reinforced concrete pipes shall be manufactured with concrete having a minimum compressive strength of 4,000-psi. All pipe joints shall be sealed in accordance with the VDOT Road and Bridge Specifications. b. Pipes from the following list may be used in installations that are not subject to paragraph 1, above: a) Concrete, Class III, IV, or V (only Class V reinforced concrete pipe shall be used under railroad tracks). b) Polyvinyl chloride (PVC) ribbed or corrugated storm sewer pipe (smooth interior). c) Polyethylene(PE)double-wall pipe(smooth interior). d) Ductile Iron. c. Corrugated aluminum alloy pipe and pipe arches; aluminum-coated, asphalt-coated, galvanized, polymer-coated, and plain corrugated steel pipe and pipe arches; and coated, galvanized, and plain aluminum alloy and steel structural plate pipe, pipe arches, and bottomless arches are not allowed within public easement: right of ways, and City owned propert yin Public or Private projects. 3. Allowable Culvert Types In addition to any of the types of pipes listed in Section 8.6.B.2, above, VDOT standard reinforced concrete box culverts may be used when conveyances cross fields, roadways or parking lots. 4. Minimum Pipe Slope and Velocity The--m+nimumAll storm drainage pipes and r aximu-mculverts must meet one of the following 2 criteria: a. Minimum slope of 0.3% or 0.003ft/ft or b. Minimum full flow velocity of 3 feet per second, based on the design storm. 5. Maximum Pipe Velocity: Maximum pipe slopes required by the VDOT DMvelocity._ for concrete pipe,shall be usednot exceed 10 feet per second to prevent scouring. Pipe Joints All pipe joints within City right-of-ways, public easements, or City property, shall be sealed in accordance with the VDOT Road and Bridge Specifications. Non- gasket joints shall be sealed using a VDOT approved method and wrapped with approved filter fabric. For 12-inch to 36-inch storm pipes, a minimum 24-inch wide filter fabric shall be used; for 48-inch and larger pipes, a minimum 36-inch wide filter fabric shall be used. Each joint shall be completely wrapped with approved filter fabric cut to the required width and secured in place with the ends overlapping at least two(2)feet prior to backfilling. a. Tie-in locations between pipes and drainage structures shall be grouted and sealed with a material that conforms to the VDOT Road and Bridge Specifications and covered with a three (3) foot wide filter fabric which is secured in place as stated above. No lift holes allowed. City of Virginia Beach—Public Works Design Standards 8 -38 Chapter 8—Stormwater Management June 2020 b. Proposals for alternate joint systems that provide soil-tight joints must be submitted to the Department of Public Works for approval of work within the City right-of-way, public easements or City property. For development plans on private property, proposals must be sent to Planning/DSC for approval City of Virginia Beach—Public Works Design Standards 8 -39 M^M 4' Chapter 8—Stormwater Management ri June 2020 Planning/DSC for approval c. Where significant groundwater flow is anticipated, avoid placing coarse, open-graded materials, such as Virginia Class Al riprap, above, below, or adjacent to finer materials, unless methods are employed to impede migration (fines may migrate into the coarser materials due to the action of hydraulic gradient from groundwater flow). A filter fabric shall be used to separate the materials to prevent migration. Marking Non-Concrete and Non-Metal Pipe All pipes not made of concrete or metal shall have three (3) inch white metallic marking tape placed above the pipe at an elevation no less than one (1) foot below the ground surface. Backfilling of Pipes and Culverts All pipes and culverts installed in the City right-of-way, public easements, or City- owned property that are subject to traffic loadings shall be: a. Backfilled with Select Borrow for Trench Backfill, Minimum CBR-15 (in accordance with the City of Virginia Beach Amendments to the VDOT Road and Bridge Specifications) or granular material (as defined by AASHTO M 145 "Classification of Soils and Soil-Aggregate Mixtures for Highway Construction Purposes"), b. Placed in six(6) inch lifts, and c. Compacted to 95 percent of standard density based on AASHTO Specifications T-99(ASTM D698). Pipe Cover a. Concrete Pipe — To protect pipe during construction, minimum height of cover prior to allowing any traffic to cross the installed pipe, shall be the diameter or span (for elliptical pipe) divided by 2 or three (3) feet, whichever is greater. Minimum finished height of cover is to be the diameter or span (for elliptical pipe) divided by 2 or two (2) feet, whichever is greater, in accordance with the VDOT Road and Bridge Standards. b. Plastic Pipe — Plastic pipe and fittings shall be installed in accordance with VDOT Road and Bridge Standards, PB-1 Plastic Pipe Culvert Bedding' and ASTM D2321 "Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications." Furthermore, underground installation of plastic pipe for sewers and other gravity flow applications shall be made with embedment materials conforming to VDOT Road and Bridge Specifications, AASHTO M 145 "Classification of Soils and Soil- Aggregate Mixtures for Highway Construction Purposes" or ASTM D2487"Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System)." Embedment materials shall be chosen from the following: VDOT Class I Backfill (Crusher Run Aggregate, Size No. 25 or City of Virginia Beach—Public Works Design Standards 8-40 • ' Chapter 8—Stormwater Management June 2020 26 or Aggregate Base Material, Size No. 21A only), b) AASHTO M 145 group A-1, or c) ASTM D2487classification GW. c. Ductile iron pipe, Thickness Class 52, or Class V concrete pipe shall be required if less than two(2)feet of final cover exists. 9-1 . Flowable Backfill Flowable fill may be used on a case-by-case basis, after receiving approval from the Department of Public Works. C. Culvert and Pipe Durability 1. Polyvinyl Chloride(PVC)Pipe(Smooth Interior) Polyvinyl Chloride (PVC) pipe and fittings shall be manufactured and tested in accordance with AASHTO M304 with a minimum pipe stiffness of 46 psi at five (5) percent deflection when tested in accordance with ASTM D2412. PVC pipe shall be certified by the compounder as meeting the requirements of ASTM D1784, cell class 12454B. PVC pipe shall be joined with two gaskets and/or a water tight sleeve in accordance with the manufacturer's recommendations for their system to result in soil tight performance (no soil infiltration into pipe) as defined in AASHTO M294-94. Otherwise, all joints and other infiltration points must be wrapped in accordance with Section 8.6.8.5, above. 2. Polyethylene(PE) Double Wall Pipe(Smooth Interior) Corrugated Polyethylene (PE) pipe, AASHTO M294, shall be produced and certified by the resin producer's professional engineer as meeting the requirements of ASTM D3350. Cell class 335420C PE pipe shall be joined with two gaskets and/or a watertight sleeve as recommended by the licensed design professional and by the pipe manufacturer for their system to result in soil-tight performance (no soil infiltration into the pipe) as defined in AASHTO M294. Otherwise, all pipe joints and all other points of potential soil infiltration shall be wrapped with geotextile fabric in accordance with Section 8.6.8.5, above. D. Standard Inspections The developer, contractor or permittee shall, at their expense, inspect all constructed storm sewer pipes and culverts with a cumulative total more than 200 linear feet of storm sewer pipe and/or culverts located within City rights-of-way and public easements utilizing a closed circuit television (CCTV) camera. Inspection shall include, but not be limited to, initial cleaning, dewatering and CCTV inspection. All data gathered to describe the conditions within the pipe system shall be collected and coded accurately and consistently utilizing standards established in Nassco's Pipeline Assessment Certification Program (PACP). For subdivision projects, the CCTV inspection shall be completed, submitted, reviewed, and approved by the Department of Planning prior to approval of the Certificate of Completion or start of defect period. For site plan projects, the CCTV inspection shall be completed, submitted, reviewed, and approved prior to surety reduction or start of defect period. Any substandard construction work, defects or damage shall be corrected by the developer, contractor or permittee at their expense to the satisfaction of the City. The corrective action must take place under the observation City of Virginia Beach—Public Works Design Standards 8-41 :711 -' Chapter 8—Stormwater Management June2020 of Department of Planning/Civil Inspections or by providing an updated CCTV inspection to be reviewed and approved prior to approval of Certificate of Completion, start of defect, or surety reduction, whichever is applicable. Prior to the release of a Subdivision and/or Right of Way defect surety, a final visual inspection will be performed by Civil Inspections. If any deficiencies are noted, an additional CCTV inspection of the defective section may be required at the Civil Inspectors discretion. 8.7 Stormwater Utility-Fee Adjustment Program All developed sites discharging stormwater runoff into the City storm sewer system or into bodies of water within the City, either directly or indirectly, will be charged a fee in accordance with Chapter 32.5 of the Code of Virginia Beach as it pertains to the Stormwater Management Utility. Any existing developed site may request a fee adjustment by submitting a Stormwater Utility Adjustment Application provided in Appendix K. City of Virginia Beach—Public Works Design Standards 88-42 1 AN ORDINANCE TO AMEND SECTION 1-3, 1-6, 1-12, 1- 2 13, 1-14, 1-15, 1-21, 1-26, 1-28, AND 1-30 OF THE CITY 3 CODE APPENDIX D, STORMWATER MANAGEMENT, 4 PERTAINING TO THE STORMWATER APPEALS 5 BOARD, WATER QUANTITY, APPEALS, AND 6 HEARINGS 7 8 Sections Amended: §§ 1-3, 1-6, 1-12, 1-13, 1-14, 1-15, 1- 9 21 , 1-26, 1-28 and 1-30 of Appendix D, Stormwater 10 Management 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 1-3, 1-6, 1-12, 1-13, 1-14, 1-15, 1-21, 1-26, 1-28 and 1-30 of 19 Appendix D, Stormwater Management are hereby amended and reordained to read as 20 follows: 21 22 APPENDIX D STORMWATER MANAGEMENT 23 24 . . 25 26 Sec. 1-3. Definitions. 27 28 . . . . 29 30 "Development' means land disturbance and the resulting landform associated 31 with the construction of residential, commercial, industrial, institutional, recreation, 32 transportation or utility facilities or structures or the clearing of land for non-agricultural 33 or non-silvicultural purposes. 34 35 "Drainage area" means a land area, water area, or both from which runoff flows 36 to a downstream common point (proposed project or the site entry point, project or site 37 outfall, drainage structure, junction, node, upstream end of a culvert or storm drain, 38 upstream face of a waterway crossing, channel, ditch, swale, spillway, weir, point of 39 . 40 41 "Energy grade line (EGL)" means the line that represents the total energy of flow 42 at a given location. It is the sum of the elevation head, the pressure h ad, and the 43 velocity head. 44 45 . . . . 46 1 47 "Person" means any individual, corporation, partnership, association, state, 48 municipality, commission, or political subdivision of a state, governmental body, 49 including federal, state, or local entity as applicable, any interstate body or any other 50 legal entity. 51 52 "Point of adequacy' means 53 conveyance system where it has adequate capacity to convey the design storm 54 discharge under proposed conditions to a receiving water body, as determined by the 55 City of Virginia Beach Public Works Design Standards Manual and the latest City of 56 Virginia Beach amendments to the Virginia Department of Transportation Design 57 Manual 58 59 . . . . 60 61 "Stormwater" means precipitation that is discharged across the land surface or 62 through conveyances to one or more waterways and that may include stormwater 63 runoff, snow melt runoff, and surface runoff and drainage. 64 65 "Storm water Appeals Board" is the appeal authority designated by City Council to 66 hear appeals from any permit applicant or permittee, or person subject to Ordinance 67 requirements, aggrieved by any action of the City taken in regard to the Ordinance 68 . The Stormwater Appeals Board shall be appointed by City 69 Council and shall consist of cix (6) members, one (1) five (5) voting citizen members 70 and two (2) alternates. The five (5) voting members and two (2) alternates shall include 71 citizens from the Department of Planning, one (1) from the Department of Public Works, 72 one (1) from the Department of Public Utilities and three (3) citizen members City of 73 Virginia Beach who will serve a term of three (3) years with a maximum of two (2) 74 consecutive terms and three (3) of whom shall have professional or educational 75 experience in civil engineering, land surveying, landscape architecture, environmental 76 sciences, earth science, soil science, natural resources, chemistry, or other 77 commensurate professional or educational background. The city attorney or his 78 designee shall serve as legal counsel to the Stormwater Appeals Board and the 79 departments of Public Works and Planning shall be staff to the Stormwater Appeals 80 Board. 81 82 . . . . 83 84 Sec. 1-6. Stormwater management plan; content of plan. 85 86 87 88 8. A map or maps of the site that depicts the topography of the site and 89 includes: 90 91 i. All contributing drainage areas; 92 2 93 ii. Existing streams, ponds, culverts, ditches, wetlands, other water 94 bodies, and floodplains; 95 96 iii. Soil types, forest cover, and other vegetative areas; 97 98 iv. Current land use including existing structures, roads, and locations 99 of known utilities and easements; 100 101 v. Sufficient information on adjoining parcels upstream to the 102 103 to assess the impacts of stormwater from 104 the site on these parcels; 105 106 vi. The limits of clearing and grading, and the proposed drainage 107 patterns on the site; 108 109 vii. Proposed buildings, roads, parking areas, utilities, and stormwater 110 management facilities; 111 112 viii. Proposed land use with tabulation of the percentage of surface 113 area to be adapted to various uses, including but not limited to 114 planned locations of utilities, roads, and easements; 115 116 ix. All Chesapeake Bay Preservation Area designations of Resource 117 Protection Areas, including variable width buffers; 118 119 x. All Southern Rivers Watershed buffers and nontidal wetlands, 120 pursuant to Appendix G of the Virginia Beach City Code; and 121 122 xi. Any other information reasonably necessary for an evaluation of the 123 development activity. 124 125 . . . . 126 127 Sec. 1-12. Water quality compliance. 128 129 A. Compliance with the water quality design criteria set out in sections A.1. and A.2. 130 of section 1-11 shall be determined by utilizing the Virginia Runoff Reduction 131 Method or another equivalent methodology that is approved by the State Water 132 Control Board. 133 134 B. The BMPs listed in 9VAC25-870-65.B are approved for use as necessary to 135 effectively reduce the phosphorus load and runoff volume in accordance with the 136 Virginia Runoff Reduction Method. Other approved BMPs found on the Virginia 137 Stormwater BMP Clearinghouse Website may also be utilized. Design 3 138 specifications and the pollutant removal efficiencies for all approved BMPs are 139 found on the Virginia Stormwater BMP Clearinghouse Website. 140 141 C. However, where a site drains to more than one HUC, the pollutant load reduction 142 requirements shall be applied independently within each HUC unless reductions 143 are achieved in accordance with a comprehensive watershed stormwater 144 management plan in accordance with section 1-19. The City's Stormwater 145 Drainage Basin boundary shall be used in lieu of the HUC boundaries for 146 pollutant load reduction calculations except in the Lower Southern Rivers 147 drainage basin where HUCs have been combined. 148 149 D. Offsite alternatives where allowed in accordance with section 1-14 may be 150 utilized to meet the design criteria of subsection A. of section 1-11. 151 152 Sec. 1-13. Water quantity. 153 154 A. Channel protection a-ndi flood protection, design storm, and check storm criteria 155 shall be addressed in accordance with the minimum standards set out in this 156 section. 157 158 B. Channel protection. Concentrated stormwater flow shall be released into a 159 stormwater conveyance system and shall meet the criteria in subdivision 1, 2, or 160 3 of this subsection, where applicable, from the point of discharge to the limits of 161 analysis defined in subdivision 4 of this subsection. 162 163 . . . . 164 165 4. Limits of analysis. Stormwater Unless subdivision 3 of this subsection is 166 utilized to show compliance with the channel protection criteria, 167 stormwater conveyance systems shall be analyzed for compliance with 168 channel protection criteria to the a point 169 subsection C. where either: 170 171 a. Based on land area, the site's contributing drainage area is less than 172 or equal to 1.0% of the total watershed_ area or where the City model is 173 used; or 174 175 b. Based on peak flow rate, the site's peak flow rate from the one-year 176 24-hour storm is less than or equal to 1.0% of the existing peak flow 177 rate from the one-year 24-hour storm prior to the implementation of 178 any stormwater quantity control measures. 179 180 C. Flood protection. Concentrated stormwater flow shall be released into a 181 stormwater conveyance system and shall meet the following criteria as 182 demonstrated by use of acceptable hydrologic and hydraulic methodologies. 183 Adequacy of the downstream system must be demonstrated for all the following: 4 184 185 1 . 186 point of adequaGGy —using freeboard heights and headwater depths 187 stipulated in the City of Virginia Bach Public Works Design Standards 188 Manual and the referenced documents. Concentrated stormwater flow to 189 stormwater conveyance systems that currently do not experience localized 190 flooding during the 10-year 24-hour storm event: The point of discharge 191 releases stormwater into a stormwater conveyance system that, following 192 the land-disturbing activity, confines the post-development peak flow rate 193 from the 10-year 24-hour storm event within the stormwater conveyance 194 system. Detention of stormwater or downstream improvements may be 195 incorporated into the approved land-disturbing activity to meet this 196 criterion, at the discretion of the VSMP authority. 197 198 2. The post development design year Hydraulic Grade Line shall not 199 increase over the predevelopment design year Hydraulic Grade Line in all 200 Concentrated 201 stormwater flow to stormwater conveyance systems that currently 202 experience localized flooding during the 10-year 24-hour storm event. The 203 point of discharge either: 204 205 a. Confines the post-development peak flow rate from the 10-year 24- 206 hour storm event within the stormwater conveyance system to avoid 207 the localized flooding. Detention of stormwater or downstream 208 improvements may be incorporated into the approved land-disturbinq 209 activity to meet this criterion, at the discretion of the VSMP authority; or 210 211 b. Releases a post-development peak flow rate for the 10-year 24-hour 212 storm event that is less than the predevelopment peak flow rate from 213 the 10-year 24-hour storm event. Downstream stormwater conveyance 214 systems do not require any additional analysis to show compliance 215 with flood protection criteria if this option is utilized. 216 217 3. Limits of analysis. Stormwater Unless subdivision 2.b. of this subsection is 218 utilized to comply with the flood protection criteria, stormwater conveyance 219 systems shall be analyzed for compliance with flood protection criteria to 220 the a point where: of adequacy. 221 222 a. The site's contributing drainage area is less than or equal to 1.0% of 223 the total watershed area draining to a point of analysis in the 224 downstream stormwater conveyance system; 225 226 b. Based on peak flow rate, the site's peak flow rate from the 10-year 24- 227 hour storm event is less than or equal to 1.0% of the existing peak flow 228 rate from the 10-year 24-hour storm event prior to the implementation 229 of any stormwater quantity control measures; or 5 230 231 c. The stormwater conveyance system enters a mapped floodplain or 232 other flood-prone area, adopted by ordinance, of any locality. 233 234 D. Design and Check Storms. In addition to satisfying the criteria in Section 2.0 235 above, concentrated stormwater flow shall be released into a stormwater 236 conveyance system and shall meet all applicable criteria as outlined in the Public 237 Works Design Standards Manual. All land disturbance projects that increase the 238 impervious area by more than 20,000 square feet shall: 239 240 1 . Use EPA SWMM or value enhanced SWMM programs that can directly 241 exchange input data with EPA SWMM for hydraulic calculations; and, 242 243 2. Performance upstream and downstream drainage analyses to demonstrate 244 adequacy of the downstream system. 245 246 DE. Increased volumes of sheet flow resulting from pervious or disconnected 247 impervious areas, or from physical spreading of concentrated flow through level 248 spreaders, must be identified and evaluated for potential impacts on down- 249 gradient properties or resources. Increased volumes of sheet flow that will cause 250 or contribute to erosion, sedimentation, or flooding of down gradient properties or 251 resources shall be diverted to a stormwater management facility or a stormwater 252 conveyance system that conveys the runoff without causing down-gradient 253 erosion, sedimentation, or flooding. 254 255 EF. For purposes of computing predevelopment runoff, all pervious lands on the site 256 shall be assumed to be in good hydrologic condition in accordance with the U.S. 257 Department of Agriculture's Natural Resources Conservation Service (NRCS) 258 standards, regardless of conditions existing at the time of computation. Onsitc 259 260 Predevelopment runoff calculations utilizing other hydrologic conditions may be 261 utilized provided that it is demonstrated to and approved by the VSMP authority 262 that actual site conditions warrant such considerations. Predevelopment runoff 263 calculations utilizing other hydrologic conditions may be utilized provided that it is 264 demonstrated to and approved by the VSMP authority that actual site conditions 265 warrant such considerations. 266 267 i=G. Predevelopment and postdevelopment runoff characteristics and site hydrology 268 shall be verified by site inspections, topographic surveys, available soil mapping 269 or studies, and calculations consistent with good engineering practices. 270 Guidance provided in the Virginia Stormwater Management Handbook and on 271 the Virginia Stormwater BMP Clearinghouse website shall be considered 272 appropriate practices. 273 274 Ct 275 and hydrologic methods. This includes both onsite and offsite contributing 6 276 drainage-,areas. ear-less- h„ n th ree-I d-r ten- 277 year, twenty-four-hour design storm event for capacity design shall be used; for 278 drainage areas equal to or greater than three hundred (300) acres, but le -s than 279 five hundred (500) acres, a twenty five year, twenty four hour design storm event 280 ; 281 acres fif y-year t enty-fo r-ho it design storm event droll be i sed 282 283 Sec. 1-14. Offsite compliance options. 284 285 . . . . 286 287 C. Notwithstanding subsections A. and B. of this section, offsite options shall not be 288 allowed: 289 290 1 . Unless the selected offsite option achieves the necessary nutrient 291 reductions prior to the commencement of the operator's land-disturbing 292 activity. In the case of a phased project, the operator may acquire or 293 achieve offsite nutrient reductions prior to the commencement of each 294 phase of land-disturbing activity in an amount sufficient for each phase. 295 296 2. In contravention of local water quality-based limitations at the point of 297 discharge that are (i) consistent with the determinations made pursuant to 298 subsection B of § 62.1-44.19:7 of the Code of Virginia, (ii) contained in a 299 municipal separate storm sewer system (MS4) program plan accepted by 300 DEQ, or (iii) as otherwise may be established or approved by the State 301 Board. 302 303 3. Within the Southern Rivers watershed, the exchange of credits within an 304 area subject to an approved local TMDL, for total phosphorus or total 305 nitrogen shall be limited to those credits generated upstream of where the 306 discharge reaches impaired waters in accordance with the Virginia State 307 Water Control Board regulation 9VAC25-900-91 Exchange of credits. 308 309 . . . . 310 311 Sec. 1-15. Design storms and hydrologic methods. 312 313 A. Unless otherwise specified, the prescribed design storms are one hundred 314 twenty (120) percent of the one-year, two-year, ten-year, twenty-five-year, fifty- 315 year and one hundred-year twenty-four-hour storms using the rainfall 316 precipitation frequency data recommended by the U.S. National Oceanic and 317 Atmospheric Administration (NOAA) Atlas 14, Volume 2 Version 3.0. Partial 318 duration time series, as adjusted by the City of Virginia Beach Public Works 319 Design Standards Manual, shall be used for the precipitation data. 320 7 321 B. Unless otherwise specified, all hydrologic analyses shall be based on the existing 322 watershed characteristics and how the ultimate development condition of the 323 subject project will be addressed. 324 325 C. E*o as allewed- —sbsection- l ewe,alf—analyss;-s—s ,n is 326 modeling. The U.S. Department of Agriculture's Natural Resources Conservation 327 Service (NRCS) synthetic 24-hour rainfall distribution and models, including, but 328 not limited to TR-55 and TR-20; hydrologic and hydraulic methods developed by 329 the U.S. Army Corps of Engineers; or other standard hydrologic and hydraulic 330 methods, shall be used to conduct the analyses described in this part. 331 Predeveloped vs. post-developed runoff comparisons shall be performed using 332 the same method of analysis. 333 334 D. When total land disturbance is less than twenty thousand (20,000) square feet or 335 the proposed impervious area is at least ten (10) percent less than the existing 336 impervious area, stormwater design may use any computer design program that 337 338 and the static tailwater provided by the City of Virginia Beach. Analysis of 339 up�«eam and downstream impaa,.cts, is, not regi aired under these conditions When ..h. a.... a....... a.v.•.ova vaw iN a vya+n vu awe ua.� ar rc..w 340 total proposed (increased) impervious area is greater than 20,000 square feet of 341 new impervious area, the hydrologic methods in the PWDSM shall apply in lieu of 342 subsection C above. Project shall use EPA SWMM or value exchanged SWMM 343 programs that can directly exchange input data with EPA SWMM for hydrologic 344 and hydraulic calculation E. The entire drainage area must be considered when 345 determining the design storm and hydrologic methods, This includes both onsite 346 and offsite contributing drainage areas. For drainage areas less than three 347 hundred (300) acres, a ten-year, twenty-four-hour design storm event for 348 capacity design shall be used; for drainage areas equal to or greater than three 349 hundred (300) acres, but less than five hundred (500) acres, a twenty-five-year, 350 twenty-four-hour design storm event shall be used; for drainage areas equal to or 351 greater than five hundred (500) acres, a fifty-year, twenty-four-hour design storm 352 event shall be used. 353 354 355 356 Sec. 1-21. Variances. 357 358 A. The Administrator may grant variances to the technical requirements of sections 359 1-10 through 1-14; and 1-16 through 1-19i and 1-22 through 1-27, provided that: 360 361 1. The variance is the minimum necessary to afford relief; 362 363 2. Reasonable and appropriate conditions are imposed so that the intent of 364 the Act, the Regulations, and this Ordinance are preserved; 365 8 366 3. Granting the variance will not confer any special privileges that are denied 367 in other similar circumstances; 368 369 4. Variance requests are not based upon conditions or circumstances that 370 are self-imposed or self-created; 371 372 5. The variance will not substantially increase the flow rate of stormwater 373 runoff; 374 375 6. The variance will not have an adverse impact on a wetland, channel, 376 water body or upstream or downstream of a receiving body of water; 377 378 7. The variance will not contribute to the degradation of water quality; 379 380 8. Wi-II The variance will not be of substantial detriment to adjacent property 381 or adversely affect the character of adjoining neighborhoods; 382 383 384 385 Sec. 1-26. Flooding. 386 387 A. Upstream, downstream and adjacent properties and waterways shall be 388 protected from damages from localized flooding due to changes in runoff rate of 389 flow and hydrologic characteristics, including, but not limited to, changes in 390 volume, velocity, frequency, duration, and peak flow rate of stormwater runoff in 391 accordance with the minimum design standards set out in this section. 392 393 B. The ten-year postdeveloped post developed peak rate of runoff from the 394 development site shall not exceed the ten-year predeveloped peak rate of runoff 395 396 parcels downstream contributing to the point of adequacy. 397 398 C. In lieu of subsection B. of this section, the City may, by ordinance in accordance 399 with § 62.1-44.15:33 of the Code of Virginia, adopt alternate design criteria based 400 upon geographic, land use, topographic, geologic factors, or other downstream 401 conveyance factors as appropriate. 402 403 D. Linear development projects shall not be required to control postdeveloped post 404 developed stormwater runoff for flooding, except in accordance with a watershed 405 or regional stormwater management plan. 406 407 Sec. 1-28. Long-term maintenance of permanent stormwater facilities. 408 409 . . . . 410 9 411 B. At the discretion of the Administrator, such A recorded instruments is need not be 412 required for stormwater management facilities designed to treat stormwater 413 runoff primarily from an individual residential lot on which they are located; 414 provided it is demonstrated to the satisfaction. An agreement in lieu of the 415 Administfatof plan shall be entered into that provides an enforceable mechanism 416 to ensure future maintenance of such facilities 417 cnforc able mechanism. 418 419 C. 420 The Administrator shall develop has developed a strategy for addressing 421 maintenance of stormwater management facilities designed to treat stormwater 422 runoff primarily from an individual residential lot on which they are located. Such 423 a strategy may include periodic homeowner inspections, homeowner outreach 424 and education, or other method targeted at promoting the long-term maintenance 425 of such facilities. Such facilities shall not be subject to the requirement for an 426 inspection to be conducted by the Administrator. 427 428 . . . 429 430 Sec. 1-30. Hearings. 431 432 A. Any permit applicant or permittee, or person subject to Ordinance requirements, 433 aggrieved by any action of the City taken in regard to the Ordinance without a 434 formal hearing, may demand in writing a formal hearing by the Stormwater 435 Appeals Board, who is designated by the City Council as its appeals body, 436 provided a petition application requesting such hearing is filed with the 437 AdraiRistratec Department of Planning and Community Development, 438 Development Services Center within thirty (30) days after notice of such action is 439 given by the Administrator. 440 441 B. The hearings held under this Section shall be conducted by the Stormwater 442 Appeals Board at any time and place authorized by the Stormwater Appeals 443 Board..-, but should be scheduled within sixty (60) days of the notice of appeal. 444 445 C. A verbatim record of the proceedings of such hearings shall be taken and filed 446 with the Stormwater Appeals Board. Depositions may be taken and read as in 447 actions at law. 448 449 D. The Stormwater Appeals Board, shall have power to issue request the issuance 450 of subpoenas and subpoenas duces tecum, and of the regue t of party hall 451 issue such subpoenas. The failure of a witness without legal excuse to appear or 452 to testify or to produce documents shall be acted upon by the Stormwater 453 Appeals Board, whose action may include the procurement of an order of 454 enforcement from the circuit court. Witnesses who are subpoenaed shall receive 455 the same fees and reimbursement for mileage as in civil actions. 456 10 457 E. The standard of appeal shall be as listed in section 1-21, A and B, Variances, of 458 this Ordinance. The Board's authority is to hear appeals and determine if the 459 departments of Public Works or Planning's administrative decisions and 460 variances regarding interpretation and implementation of this ordinance are valid. 461 The Board should examine the evidence presented to the department of any 462 additional evidence that is relevant. 463 464 F. The time limitations above shall not commence until the application is complete, 465 including a fee of five hundred dollars ($500.00), and all documentation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7 , c)/S.),00\ �vh Planning City Attorney's's Office CA15675 R-2 January 11, 2022 11 1 AN ORDINANCE TO AMEND SECTIONS 1.1 , 1.2, 1.3, 2 1.8, 2.1, 2.2, 2.3, 2.4, 2.8, 2.11 , 3.1, 4.1, 4.2, 4.3, 4.4, 3 4.6, 4.8, 4.9, 4.10, 5.1 , 6.1, AND 6.3 OF APPENDIX K, 4 FLOODPLAIN ORDINANCE OF THE CITY CODE 5 PERTAINING TO HOUSEKEEPING THE DELETION OF 6 PUBLIC WORKS REQUIREMENTS AND THE 7 ADDITION OF A COASTAL A ZONE AND A COASTAL 8 HIGH HAZARD ZONE 9 10 Sections Amended: 1.1, 1.2, 1.3, 1.8, 2.1, 2.2, 2.3, 11 2.4, 2.8, 2.11, 3.1, 4.1, 4.2, 4.3, 4.4, 4.6, 4.8, 4.9, 12 4.10, 5.1, 6.1 , and 6.3 of Appendix K, Floodplain 13 Ordinance 14 15 WHEREAS, the public necessity, convenience, general welfare and good zoning 16 practice so require; 17 18 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 21 That Sections 1.1, 1.2, 1.3, 1.8, 2.1, 2.2, 2.3, 2.4, 2.8, 2.11, 3.1, 4.1, 4.2, 4.3, 4.4, 22 4.6, 4.8, 4.9, 4.10, 5.1 , 6.1, and 6.3 of Appendix K, Floodplain Ordinance is hereby 23 amended and reordained to read as follows: 24 25 APPENDIX K FLOODPLAIN ORDINANCE 26 27 ARTICLE I. GENERAL PROVISIONS 28 29 Sec. 1.1. Statutory authorization and purpose. 30 31 A. This ordinance is adopted pursuant to the authority granted to localities by Code 32 of Virginia § 10.1 600 et seq 15.2-984. 33 34 B. The city council finds the purpose of these provisions is to prevent the loss of life 35 and property, the creation of health and safety hazards, the disruption of 36 commerce and governmental services, the extraordinary and unnecessary 37 expenditure of public funds for flood protection and relief, and the impairment of 38 the tax base by: 39 40 1. Regulating uses, activities, and development that, alone or in combination 41 with other existing or future uses, activities, and development, will cause 42 unacceptable increases in flood heights, velocities, and frequencies; 43 44 2. Restricting or prohibiting certain uses, activities, and development from 45 locating within districts subject to flooding; 1 46 3. Requiring all uses, activities, and developments that do occur in flood- 47 prone districts be protected or flood-proofed against flooding and flood 48 damage; 49 50 4. Protecting individuals from buying land and structures that are unsuited for 51 intended purposes because of flood hazards; and 52 53 5. Acknowledging that the tide data over the last one hundred (100) years 54 shows that Virginia Beach is facing an increased danger of flooding 55 caused by both sea level rise and subsidence and has adopted the Sea 56 Level Wise Adaptation Report as part of the Comprehensive Plan. 57 58 Sec. 1.2. Applicability. 59 60 These provisions shall apply to all privately and publicly owned lands within the 61 jurisdiction of the City of Virginia Beach and identified as areas of special flood hazard 62 at risk of flooding by the City of Virginia Beach or shown according to on the Flood 63 Insurance Rate Map (FIRM) or included on the flood insurance study (FIS) that is are 64 provided to the City of Virginia Beach by the Federal Emergency Management Agency 65 (FEMA) and dated January 16, 2015 or identified as floodpla+ns subject to special 66 restrictions in section 4.10 of this ordinance. 67 68 Sec. 1.3. Definitions. 69 70 . . . . 71 72 City manager. The City Manager of the City of Virginia Beach, or his designees. 73 74 Design Flood Elevation (regulatory flood protection elevation). The base flood 75 elevation plus the freeboard required by this ordinance. 76 77 . . 78 79 Recreational vehicle. A vehicle that is: 80 81 1. Built on a single chassis; 82 2. Four hundred (400) square feet or less when measured at the largest 83 horizontal projection; 84 3. Designed to be self-propelled or permanently towable by a light duty truck; 85 and 86 4. Designed primarily not for use as a permanent dwelling but as temporary 87 living quarters for recreational camping, travel, or seasonal use. 88 89 90 elevation plus the freeboard required by this ordinance. 91 2 92 . . . . 93 94 Sec. 1.8. Penalty for violations. 95 96 Any person who fails to comply with any of the requirements or provisions of this 97 ordinance or directions of the Directors of pPlanning or public works or any authorized 98 employee of the City of Virginia Beach shall be guilty of the appropriate violation and 99 subject to the penalties therefore. Any violation of the provision of this ordinance shall 100 be punishable by a fine of not more than one hundred dollars ($100.00). Each person 101 shall be deemed guilty of a separate offense for each and every day or portion thereof 102 during which any violation of any of the provisions of this ordinance is committed. 103 104 The Virginia Uniform Statewide Building Code (VA USBC) addresses building 105 code violations and the associated penalties in VA USBC 106 104 and § 115. Violations and associated penalties of the Zoning Ordinance for the City 107 of Virginia Beach are addressed in § 104 of the Zoning Ordinance. 108 109 In addition to the above penalties, all other actions are hereby reserved, including 110 an action in equity for the proper enforcement of this ordinance. The imposition of a fine 111 or penalty for any violation of, or noncompliance with, this ordinance shall not excuse 112 the violation or noncompliance or permit it to continue, and all such persons shall be 113 required to correct or remedy such violations within a reasonable time. Any structure 114 constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this 115 ordinance may be declared by the City of Virginia Beach to be a public nuisance and 116 abatable as such. Flood insurance may be withheld from structures constructed in 117 violation of this ordinance. 118 119 ARTICLE II. ADMINISTRATION 120 121 Sec. 2.1. Designation of the floodplain administrator. 122 123 The City Manager of the City of Virginia Beach is hereby appointed the floodplain 124 administrator to administer and implement this ordinance. The floodplain administrator 125 has delegated the duties and responsibilities set forth in this ordinance to the 126 Department of Planning 127 and Community Development. 128 129 Sec. 2.2. Duties and responsibilities of the floodplain 130 administrator or his designee. 131 132 The duties and responsibilities of the department of public works floodplain 133 administrator of his designee shall include but are not limited to: 134 135 A. Interpreting floodplain boundaries and providing available base flood 136 elevation and flood hazard information; 137 3 138 B. Verifying that applicants proposing an alteration of a watercourse have 139 notified adjacent communities, the department of conservation and 140 recreation (division of dam safety and floodplain management), and other 141 appropriate agencies (Virginia Department of Environmental Quality 142 (VADEQ), United States Army Corps of Engineers (USACE), etc.) and 143 have submitted copies of such notifications to FEMA; 144 145 C. Advising applicants for new construction or substantial improvement of 146 structures that are located within an area of the coastal barrier resources 147 system established by the Coastal Barrier Resources Act that Federal 148 flood insurance is not available on such structures; areas subject to this 149 limitation are shown on FIRMs as coastal barrier resource system areas or 150 otherwise protected areas; 151 152 D. Submitting to FEMA, or requiring applicants to submit to FEMA, data and 153 information necessary to maintain FIRMs, including hydrologic and 154 hydraulic engineering analyses prepared by or for the city, within six (6) 155 months after such data and information becomes available if the analyses 156 indicate changes in base flood elevations; 157 158 E. Maintaining and permanently keeping records that are necessary for the 159 administration of these regulations, including: 160 161 1. fleed Flood insurance studies, FIRMs (including historic studies and 162 maps and current effective studies and maps) and letters of map change; 163 and 164 165 2. Documentation supporting issuance and denial of permits, Elevation 166 Certificates, documentation of the elevation (in relation to the datum on 167 the FIRM) to which structures have been floodproofed, inspection records, 168 other required design certifications, variances, and records of enforcement 169 actions taken to correct violations of these regulations. 170 171 F. Notifying FEMA when the corporate boundaries of the City of Virginia 172 Beach have been modified and: 173 174 1 . Providing a map that clearly delineates the new corporate 175 boundaries or the new area for which the authority to regulate 176 pursuant to this ordinance has either been assumed or relinquished 177 through annexation; and 178 179 2. If the FIRM for any annexed area includes SFHAs that have flood 180 zones with regulatory requirements that are not set forth in this 181 ordinance, prepare amendments to this ordinance to adopt the 182 FIRM and appropriate requirements, and submit the amendments 183 to the city council for adoption; such adoption shall take place at the 4 184 same time as or prior to the date of annexation and a copy of the 185 amended ordinance shall be provided to the department of 186 conservation and recreation (division of dam safety and floodplain 187 management) and FEMA. 188 189 G. Upon the request of FEMA, completing and submitting a report concerning 190 participation in the NFIP, which may request information regarding the 191 number of buildings in the SFHA, the number of permits issued for 192 development in the SFHA, and the number of variances issued for 193 development in the SFHA. 194 195 H. Reviewing applications for permits to determine whether proposed 196 activities will be located in the SFHA; 197 198 I. Reviewing applications to determine whether proposed activities will be 199 reasonably safe from flooding and requiring new construction and 200 substantial improvements to meet the requirements of this ordinance; 201 202 J. Reviewing applications to determine whether all necessary permits have 203 been obtained from the federal, state, or local agencies from which prior or 204 concurrent approval is required; in particular, permits from state agencies 205 for any construction, reconstruction, repair, or alteration of a dam, 206 reservoir, or waterway obstruction (including bridges, culverts, structures), 207 any alteration of a watercourse, or any change of the course, current, or 208 cross section of a stream or body of water, including any change to the 209 SFHAs of free-flowing non-tidal waters of the state; 210 211 K. Approving applications and issuing permits to develop in flood hazard 212 areas if the provisions of this ordinance have been met, or disapproving 213 applications if the provisions of this ordinance have not been met; 214 215 L. Granting administrative variances pursuant to section 6.1 of this 216 ordinance; 217 218 M. Inspecting, or causing to be inspected, buildings, structures, and other 219 development for which permits have been issued to determine compliance 220 with this ordinance or to determine if non-compliance has occurred or 221 violations have been committed; 222 223 N. Reviewing elevation certificates and requiring incomplete or deficient 224 certificates to be corrected; 225 226 O. Maintaining and permanently keeping documentation supporting the 227 issuance and denial of permits, elevation certificates, documentation of 228 the elevation (in relation to the datum on the FIRM) to which structures 229 have been flood proofed, and other required design certifications, 5 230 variances, and records of enforcement actions taken to correct violations 231 of this ordinance; 232 233 P. Enforcing the provisions of this ordinance, investigating violations, issuing 234 notices of violations or stop work orders, and requiring permit holders to 235 take corrective action; 236 237 Q. Advising the city council regarding the intent of this ordinance and, for 238 each application for a variance, preparing a staff report and 239 recommendation; and 240 241 R. Administering the requirements related to proposed work on existing 242 buildings: 243 244 1 . Making determinations as to whether buildings and structures that 245 are located in flood hazard areas and that are damaged by any 246 cause have been substantially damaged; and 247 248 2. Making reasonable efforts to notify owners of substantially 249 damaged structures of the need to obtain a permit to repair, 250 rehabilitate, or reconstruct, and prohibit the non-compliant repair of 251 substantially damaged buildings except for temporary emergency 252 protective measures necessary to secure a property or stabilize a 253 building or structure to prevent additional damage. 254 255 S. Undertaking, as determined appropriate by the floodplain administrator 256 due to the circumstances, other actions that may include but are not 257 limited to: issuing press releases, public service announcements, and 258 other public information materials related to permit requests and repair of 259 damaged structures; coordinating with other federal, state, and local 260 agencies to assist with substantial damage determinations; providing 261 owners of damaged structures information related to the proper repair of 262 damaged structures in SFHAs; and assisting property owners with 263 documentation necessary to file claims for increased cost of compliance 264 coverage under National Flood Insurance Program (NFIP) flood insurance 265 policies; and 266 267 T. It is the duty of the city floodplain administrator to take into account flood, 268 mudslide, and flood-related erosion hazards, to the extent that they are 269 known, in all official actions relating to land management and use 270 throughout the entire jurisdictional area of the city, whether or not those 271 hazards have been specifically delineated geographically (e.g., via 272 mapping or surveying). 273 274 Se .Duties--ate reespon ' dines of the `aepa- en . Reserved. 275 6 L OZ£ `uolpe GA1T3GJJ00 aNel 6I-£ of saoploq llwaod 6ulainboa pue `saopao ){aoM dois JO suoITeloln 4o sao!Tou 91,£ 6umss! `suolgcloln 6ul}c6!TsoAul `aoueulpao slgf 4o suols!Aoad oql 6uloaolu3 L 1•£ 91•£ :aoueulpao slgl 40 91,£ ouoi1eloin }ooaaoo o} uo)lel suol}oe Tuowaoao4ue 4o spaooed pue `seaueuen 171,£ `suolgeol4l}aao u6lsop poalnboa aoq}o pue `pajooad pool# uoeq aaey £t£ coan1ona1s golgM of (V\klld uo wnlcp uo!Teloa ul) uo!TeAole oq# Z 1-£ ;o uol}eluownoop `so#col4lpeo uo!Tenola `sTlwied 4o leluap pue aouenssl I, 1-£ all 6ui ioddns uollcluownoop 6uldoo>I AlTuouewaod pue buluieTulelN t 01,£ 60£ `popewoo aq oleomp e 90£ Tuolol4op JO oleldwooul 6ulalnboa pue soleol4lpao uoiWeAole bu!Mo!Ao ti LO£ 90£ `pofllwwoo uoeq oAeq suollelolA 90£ JO poaan000 seq eouclldwoo uou 4! oulwaalap o} JO ooueulpao slgl BIM 170E ooucildwoo oulwao}op o} ponssl uooq oAeq splwaad golgM ao4 TuowdolGAap £0£ aog10 pue `sampruTs `s6ulpllnq `poloodsul 6uisneo .to `bul}oodsul ZO£ LO£ `eoueulpao 00£ olg1 4o L.g uol1oos 01 iucnsand sooUcpen oAigeajsiulwpe 6uliueae 66Z 96Z `low uoeq lou aAcq eoueulpao suols!Aoad oql 4! suogcolldde L6Z 96Z 96Z 176Z `owls aq}4o saaTeM Iep!T uou 6uwMoig oaa4 4o sVHdS £6Z Z6Z I6Z 06Z `wep e 4o uoRcaa}le JO `aledoa `uollonalsuooaa `uollona}suoo Aue ao4 69Z solouo6e owls woi4 sl!waod `aelnona . ` 99Z JO aoud golgM woa4 solouo6e IC : ; L8Z . . 99Z 99Z `eoueulpao slgi 4o sTuowaalnbaa aq} Taew o1 s}uawonoadwl lellueisgns 178Z pue uollonalsuoo MOU 6up!nbaa pue 6ulpool. WOJ# oles Aigeuosea £8Z oq II!M sol}lnlpe posodoad aoglagM aulwao}op 0; suolleolldde 6u!Ma!Ae Z8Z I.9Z `VHdS Gill ul poleool oq IIIM soll!Alloe 09Z pesodoid aoq}ogM aulwaolop o} s1lwaod ao4 suolieolldde 6uiMo!Ao8 6LZ 8LZ :o1 po1lwll lou LLZ OJC Tnq opnloul !legs 6u!uucld 4o Tuowpcdop ail#jo solplllglsuodsoa pue salTnp aql 912 321 322 ach application for a variance, preparing a staff report and 323r-eGemmandatidand ; 324 325 K; Administering the requirements related to proposed work on existing 326 buildings: 327 328 4- Making determinations as to whether buildings and structures that 329 330Gause-have-bee-n-sulastantially-clamagecland ; 331 Making reasonable efforts to notify owners of substantially 332 damaged structures of the need to obtain a permit to repair, 333 non compliant repair of 334 335 protec ive-measures necess secure a property or stabilip 336 337 338 Sec.. '�ared--duties and responsib Cities. Reserved. 339 340 The duties and responsibilities shared by the departments of public works and 341 Planning shall include but are not limited to: 342 343 A. Undertaking, as determined appropriate by the floodplain administrator 344 due to the circumstances, other actions that may include but are not 345 limited to: issuing press releases, public service announcements, and 346 et-her-pub-lic—irifer-matien-mate-rial-s-r-elated-te-pefMit-requssts-a-nd-r-epaif-of 347 damaged structures; coordinating with other federal, state, and local 348 agencies to assist with substantial damage determinations; providing 349 owners of damaged structures information related to the proper repair of 350 damaged structures in SFHAs; and a-sisting property owners with 351 documentation necessary to file claims for increased cost of compliance 352 coverage under National Flood Insurance Program (NFIP) flood insurance 353 policies; and 354 355 B. It is the duty of the city floodplain administrator to take into account flood, 356 mudslide, and flood related erosion hazards, to the extent that they arc 357 known, in all official actions relating to land management and use 358 throughout the entire jurisdictional ar a of the city, whether or not those 359 Nazar s have been- specificall deli at geogrip,"icaII e aria 360 mapping or surveying). 361 362 . . . . 363 364 Sec. 2.8. Interpretation of district boundaries. 365 8 366 Initial interpretations of the boundaries of the floodplain districts shall be made by 367 the floodplain administrator. Should a dispute arise concerning the boundaries of any of 368 the districts, the city council shall make the necessary determination. The person 369 questioning or contesting the location of the district boundary shall be given a 370 reasonable opportunity to present his case to the city council and to submit his own 371 technical evidence if he so desires a surveyor shall provide either an elevation 372 certificate or recent survey showing topographic elevations and delineating the Special 373 Flood Hazard Area. 374 375 . . . . 376 377 Sec. 2.11. Appeals to decisions made by the floodplain administrator. 378 379 It is further provided that any decision of the floodplain administrator or his 380 designee may be modified, reversed, or affirmed by the city council upon appeal by any 381 aggrieved party to such decision, if such appeal is filed with the floodplain administrator 382 within thirty (30) days of such decision through the application for a Floodplain Variance 383 outlined in Section VI of this ordinance. 384 385 ARTICLE III. ESTABLISHMENT OF FLOODPLAIN DISTRICTS 386 387 Sec. 3.1. Description of floodplain districts. 388 389 A. Special flood hazard areas (SFHA). The SFHAs shall include land in the 390 floodplain subject to a one (1) percent or greater chance of being flooded in any 391 given year. The basis for the delineation of these districts shall be the FIS and 392 the FIRM for the City of Virginia Beach prepared by FEMA, Federal Insurance 393 Administration, dated January 16, 2015, and any subsequent revisions or 394 amendments thereto. 395 396 The boundaries of the SFHAs are established as shown on the FIRM, which is declared 397 to be a part of this ordinance and shall be kept on file at the City of Virginia Beach 398 Department of Public Works Planning and Community Development, and include the 399 following districts: 400 401 1 . The Floodway District is in an AE Zone and is delineated, for the purposes 402 of this ordinance, using the criterion that certain areas within the floodplain 403 must be capable of carrying the waters of the one (1) percent annual 404 chance flood without increasing the water surface elevation of that flood 405 more than one (1) foot at any point. The areas included in this district are 406 specifically defined in Table 7 of the above-referenced FIS and shown on 407 the accompanying FIRM. 408 409 2. The AE or AH Zones on the FIRM accompanying the FIS shall be those 410 areas for which one (1) percent annual chance flood elevations have been 411 provided and the floodway has not been delineated. 9 412 413 3. The A Zone on the FIRM accompanying the FIS shall be those areas for 414 which no detailed flood profiles or elevations are provided, but the one (1) 415 percent annual chance floodplain boundary has been approximated. 416 417 4. The AO Zone on the FIRM accompanying the FIS shall be those areas of 418 shallow flooding identified as AO on the FIRM. 419 420 5. Reserved. The Coastal A Zone on the FIRM accompanying the FIS shall 421 be those areas labeled as AE and are located seaward of the limit of 422 moderate wave action (LiMWA) line. 423 424 6. The VE or V Zones on FIRMs accompanying the FIS shall be those areas 425 that are known as coastal high hazard areas, extending from offshore to 426 the inland limit of a primary frontal dune along an open coast and any 427 other area subject to high velocity wave action from storm or seismic 428 sources. 429 430 B. Floodplain subject to special restrictions Local Flood Hazard Areas. The City of 431 Virginia Beach may identify and regulate local flood hazard or ponding areas that 432 are not delineated on the FIRM. These areas are identified in section 4.10 and 433 434 derived information such as flood of record, historic high water marks, or 435 approximate study methodologies identified as follows:.- 436 437 a. Other areas of flood risk. The X and the X(Shaded) Zone on the FIRM where 438 the City of Virginia Beach Stormwater Master Plan has identified areas, 439 outside SFHAs delineated on the FIRM, that area susceptible to flooding. The 440 most recent updated version of the modeling shall be used to identify areas 441 that are likely to experience flooding. 442 443 b. Floodplain Subject to Special Restrictions. The Floodplain Subject to Special 444 Restrictions is identified in section 4.10 and includes areas in the southern 445 part of the city which are characterized by wind tides, low topography, and 446 poorly draining soils. 447 448 ARTICLE IV. FLOODPLAIN DISTRICT PROVISIONS 449 450 Sec. 4.1. Permit and application requirements. 451 452 . . . . 453 454 B. Site plans and permit applications. All applications for development within any 455 floodplain district and all building permits issued within the any floodplain district 456 shall incorporate the following information: 457 10 458 1. For any addition, conversion of any non-habitable space to habitable space, 459 or the construction or installation of a new accessory structure that requires a 460 building permit. 461 462 a A physical survey, performed after the effective date of the FIRM that: 463 464 i. accurately depicts current improvements on the property; 465 ii. provides a flood zone determination and BFE or flood depth at the 466 sties and 467 iii. delineates the location of the flood zones on the property. 468 469 b. For structures located in the SFHA delineated on the FIRM, a current 470 elevation certificate sealed by a licensed design professional. 471 472 2. For new construction and any substantial improvement of the principal 473 structure: 474 475 a. a proposed site plan sealed by a registered design professional that 476 provides: 477 478 4i. The elevation of the base flood at the site; 479 480 2ii. The elevation of the lowest floor (including basement) or, in V Zones, 481 the lowest horizontal structural member; 482 483 3iii. For structures to be flood-proofed (non-residential only), the elevation 484 to which the structure will be flood-proofed; and 485 486 4iv. Topographic information showing existing and proposed ground 487 elevations. 488 489 Sec. 4.2. General standards. 490 491 . . . . 492 493 5. Electrical, heating, ventilation, plumbing, air conditioning equipment, and 494 other service facilities, including duct work, shall be designed and/or 495 496 components during conditions of flooding or above the design flood 497 elevation. 498 499 6. New and replacement water supply systems shall be designed to minimize 500 or eliminate infiltration of flood waters into the system. 501 11 502 7. New and replacement sanitary sewage systems shall be designed to 503 minimize or eliminate infiltration of flood waters into the systems and 504 discharges from the systems into flood waters. 505 506 8. On-site waste disposal systems shall be located and constructed to avoid 507 impairment to them or contamination from them during flooding. 508 509 9. No use shall be permitted if such use will increase the amounts of 510 potentially damaging materials, including those likely to be injurious to 511 health, that might be transported in floods. 512 513 10. For properties located in SFHAs delineated on the FIRM, an n elevation 514 certificate and, if applicable, a flood-proofinq certificate shall be provided 515 to the Floodplain Administrator prior to any foundation inspection, final 516 inspections, and the issuance of any certificates of occupancy, in order to 517 assure compliance with these floodplain regulations. 518 519 11 . Prior to any proposed alteration or relocation of any channels or of any 520 watercourse or stream within the city, a permit shall be obtained from the 521 USACE, VADEQ, the Virginia Marine Resources Commission, and the 522 Wetlands Board through the joint permit application process. Furthermore, 523 notification of the proposal shall be given by the applicant to all affected 524 adjacent jurisdictions, the department of conservation and recreation 525 (division of dam safety and floodplain management), other required 526 agencies, and FEMA. 527 528 12. The flood carrying capacity within an altered or relocated portion of any 529 watercourse shall be maintained. 530 531 B In all SFHAs, the following additional provisions shall apply: 532 533 534 watercourse or stream, within the city a permit shall be obtained from the 535 USACE, VADEQ, the Virginia Marine Resources Commieion, and the 536 Wetlands Knorr) +hro gh +he oin+ permi+ application nro ess F irFhermoro 537 538 adjasentjuci-sdictions, the department of conservation and recreation 539 (division of dam safety and floodplain management), other required 540 agencies, and FEMA. 541 542 ? The flood carrying capacity within an altered or relocated portion of any 543 watercourse shall be maintained. 544 545 3. Sand dunes, barrier beaches, and other natural protective barriers shall 546 remain intact to provide protection against wind, waves, and erosion 547 12 548 549 section 1602 of the Zoning Ordinance of the City of Virginia Beach, shall 550 first obtain a permit from the USACE, VADEQ, the Virginia Marine 551 Resources Commission, and the Wetlands Board through the joint permit 552 application process. 553 554 Sec. 4.3. Elevation and construction requirements. 555 556 In all 557 generated by a licensed professional in accordance with section 4.6 of this ordinance 558 floodplain districts, with the exception of Coastal A and Coastal High Hazard (VE) 559 zones, the following provisions shall apply: 560 561 A. Residential construction requirements. New construction or substantial 562 improvement of any residential structure or manufactured home in Zones 563 AE, AH, and A with detailed base flood elevations shall have the lowest 564 , ' inimu 565 base flood level. The lowest flood, including basement, shall be set to the 566 higher of the following: 567 568 i. A minimum of two (2) feet above the base flood elevation 569 established on the most recent FIRM or by the most recent FIS or, 570 571 ii. A minimum of one (1) foot above the 100-year HGL elevation 572 measured at the nearest existing or proposed public drainage 573 structure or BMP, in the City Stormwater Master Plan. 574 575 B. Non-residential construction requirements. New construction or substantial 576 improvement of any commercial, industrial, or non-residential building or 577 manufactured home shall have the lowest floor, including basement, 578 elevated as minimum of two (2) feet above the base flood level 579 established in Section 4.3 A of this ordinance. Buildings located in AE or 580 AH Zones may be flood-proofed in lieu of being elevated provided that all 581 areas of the building components below the elevation corresponding to the 582 base flood elevation plus a minimum of two (2) feet freeboard design flood 583 elevation are watertight with walls substantially impermeable to the 584 passage of water, and use structural components having the capability of 585 resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. 586 A professional engineer or architect licensed by the Commonwealth of 587 Virginia shall certify that the standards of this subsection are satisfied. 588 Such certification, including the specific elevation (in relation to NAVD88) 589 to which such structures are flood proofed, shall be maintained by the 590 building official. 591 592 C. Space below the lowest floor requirements. In Zones A, AE, AH, and AO, 593 fFully enclosed areas of new construction or substantially improved 13 594 existing structures that are below the regulatory design flood protection 595 elevation shall: 596 597 1 . Not be designed or used for human habitation, but shall only be 598 used for parking of vehicles, building access, or limited storage of 599 maintenance equipment used in connection with the premises. 600 Access to the enclosed area shall be the minimum necessary to 601 allow for parking of vehicles (garage door), limited storage of 602 maintenance equipment (standard exterior door), or entry to the 603 living area (stairway or elevator). 604 605 2. Be constructed entirely of flood resistant materials below the 606 regulatory design flood protection elevation. 607 608 3. Space below the lowest floor of SFHAs delineated on the FIRM 609 shall (include measures to automatically equalize hydrostatic flood 610 forces on walls by allowing for the entry and exit of floodwaters. To 611 meet this requirement, the openings shall either be certified by a 612 professional engineer or architect licensed by the Commonwealth 613 of Virginia or meet or exceed the following minimum design criteria: 614 615 616 617 Sec. 4.4. Floodway requirements. 618 619 . . . . 620 621 B. The placement of new or replacement manufactured homes (mobile 622 homes) is prohibited. 623 624 G The following uses and str loodway �--� ��rr6F�tk:lf26 m,ay—�e--�er�Ft� 625 district, subject to the requirements of articles III,-1V, Vend VI—ef this 626 ordinance: 627 628 ; 629 630 2. Agricultural uses, including farming, grazing, and the raising of poultry or 631 livestock; provided, that poultry or livestock shall not be housed within five 632 hundred (500) feet of any residential apartment er hotel district• 633 634 Open such as public and private roadways, off street parking, or 635 loading and unloading areas related to uses in adjoining districts; 636 637 4. Commercial mining, soil removal, and sand pits subject to regulations 638 disable- te—extract•ive---industries—as--se rth�ee nal u e 639 previsions of the Zoning Ordinance of the City of Virginia Beach; 14 640 641 5, ubl-ic improvements such a-s darmr-sue levees and channel vem rats, 642 , ' 643 644leGatiewof-maintenance-installatiensand ; 645 646 647 648 ,,ale of agricultural products produced on the 649 premises; provided that: 650 651 a: Only one (1) such stand shall be permitted per lot; 652 653 t 654 area; and 655 656 E No such stand on the street frontage shall be erected within twenty 657 (20) feet of the property line. 658 659 . . . . 660 661 Sec. 4.6. A Zone requirements. 662 663 . . . . 664 665 B. The floodplain administrator reserves the right to require a hydrologic and 666 hydraulic analysis for any development and to determine the base flood 667 elevation. When such base flood elevation data is utilized, the lowest floor 668 shall be elevated to minimum of two (2) feet above the base flood level. 669 During the permitting process, the floodplain administrator shall obtain: 670 671 1 . The elevation of the lowest floor (including the basement) of all new 672 and substantially improved structures; and 673 674 2. If the structure has been flood-proofed in accordance with the 675 requirements of this ordinance, the elevation (in relation to 676 NAVD88) to which the structure has been flood-proofed. 677 678 679 struct e-shafl--b2-elevated-to-not-I•ess than-two (2) feet above th, h 680 adjacent grade. 681 682 Sec. 4.8. Recrc w X and X(Shaded) Zone requirements. (Other Areas of Flood 683 Risk). 684 15 685 A. Residential construction requirements. The lowest floor, including 686 basements, shall be set to a minimum of one (1) foot above the 100-year 687 HGL elevation measured at the nearest existing or proposed public 688 drainage structure or BMP, in the City Stormwater Master Plan. 689 690 B. Non-residential construction requirements. New construction or substantial 691 improvement of any commercial, industrial, or non-residential building or 692 manufactured home shall have the lowest floor, including basement, 693 elevated as established in Section 4.8 A of this ordinance above. Buildings 694 may be flood-proofed in lieu of being elevated provided that all areas of 695 the building components below the design flood elevation are watertight 696 with walls substantially impermeable to the passage of water, and use 697 structural components having the capability of resisting hydrostatic and 698 hydrodynamic loads and the effect of buoyancy. A professional engineer 699 or architect licensed by the Commonwealth of Virginia shall certify that the 700 standards of this subsection area satisfied. Such certification, including the 701 specific elevation (in relation to NAVD88) to which such structures are 702 flood proofed, shall be maintained by the building official. 703 704 Sec. 4.9. — Coastal Hiqh Hazard (rand VE Zonel requirements. 705 706 The following provisions shall apply within V and VE Zoncs Coastal A Zones and 707 Coastal High Hazard Areas: 708 709 A. All new construction and substantial improvements, including to 710 manufactured homes, shall be elevated on pilings or columns so that: 711 712 1. The bottom of the lowest horizontal structural member of the lowest 713 floor (excluding the pilings or columns) is elevated to a minimum of 714 two three (23) feet above the base flood level elevation; and 715 716 2. The pile or column foundation and structure attached thereto is 717 anchored to resist flotation, collapse, and lateral movement due to 718 the effects of wind and water loads acting simultaneously on all 719 building components. Wind and water loading values shall each 720 have a one (1) percent chance of being equaled or exceeded in any 721 given year. 722 723 B. A professional engineer or architect licensed by the Commonwealth of 724 Virginia shall develop or review the structural design, specifications, and 725 plans for the construction and shall certify that the design and methods of 726 construction to be used are in accordance with accepted standards of 727 practice for meeting the provisions of article IV, section 4.6 A. A V Zone 728 Design Certificate shall be submitted to Permits and Inspections with 729 plans for a building permit. 730 16 731 . . . 732 733 I. 734 flood damage, is prohibited. Sand dunes, barrier beaches, and other 735 natural protective barriers shall remain intact to provide protection against 736 wind, waves, and erosion drainage. Any person who desires to use or 737 alter any coastal primary sand dune or beaches, other than for the 738 purpose of conducting the activities specified in Article 1600, Section 1602 739 of the Zoning Ordinance of the City of Virginia Beach, shall first obtain a 740 permit, or authorization, from the USACE, VADEQ, the Virginia Marine 741 Resources Commission, and the Wetlands Board through the joint permit 742 application process. 743 744 J. Manufactured homes are prohibited. 745 746 Sec. 4.10. Floodplain subject to special restrictions. 747 748 A. All FIRM delineated SFHAs that ultimately drain to Back Bay or the 749 Currituck Sound located in-the-following ar as shall be identified as a 750 floodplain subject to special restrictions _. 751 752 1- North Landing River and its tributaries south of Lynnhaven 753 P a rkwa-y; 754 2 West Neck Creek and its 755 London Bridge Road, and #e 756interseotion-with-London-B-Fislge-Roadand ; 757 758 3: Bays, creeks, lakes, guts, coves, wetlands, marshes and swamps 759 and their tributaries comprising the Back Bay and Small Coastal 760 South watersheds south of South Birdneck Road and east of 761 762 763 B. The following provisions shall apply within the floodplain subject to special 764 restrictions: 765 766 1 . Notwithstanding any provision of this ordinance to the contrary, no 767 filling shall be permitted, including filling with material excavated 768 from the same floodplain except for: 769 770 a. The purpose of public roadway or other similar public works 771 construction undertaken by the Department of Public Works 772 or Virginia Department of Transportation, or their agent for 773 construction. This construction includes flood protection and 774 flood mitigation projects; 775 17 776 b. The maintenance, alteration, or relocation of bona fide 777 agricultural ditches, swales, or agricultural pathways or those 778 ditches required for proper lot drainage; 779 780 c. For shoreline stabilization or maintenance projects, such as 781 riprap revetment, bulkheads, or other treatment used to 782 stabilize and protect the banks of waterways, the city 783 manager or his designee may approve the placement of fill 784 provided the following criteria are met: 785 786 i. A joint permit application is submitted; 787 788 ii. The alignment of the stabilization structure is along 789 the escarpment or in line with adjacent stabilization 790 structures; and 791 792 Hi. If there is an existing shoreline stabilization structure, 793 any proposed replacement structure shall be no more 794 than six (6) inches higher than the existing structure; 795 and 796 797 +i+iv. Fill must be the minimum necessary to support the 798 stabilization project. 799 800 2. The city manager, or his designee, may approve the placement of 801 fill provided that the following criteria are met: 802 803 a. Proposed fill within the floodplain: 804 805 i. Shall be mitigated to result in no decrease in flood 806 storage volume on the site; 807 808 ii. Shall be mitigated entirely on the same site that will 809 incur the fill; 810 811 iii. Shall be contiguous to the existing floodplain that is 812 being filled; and 813 814 iv. Shall be limited to the smallest amount of area and 815 volume possible to correct irregularities within the 816 boundary of the project. 817 818 b. The combined areas of fill and mitigation shall not exceed 819 five (5) percent of the total area within the floodplain located 820 on the site that will incur the fill. 821 18 822 3. Residential dwelling structures shall not be located within the 823 floodplains subject to special restrictions on lots created after 824 October 23, 2001. Residential dwelling structures located in local 825 a SFHA and constructed prior to October 826 23, 2001 may be expanded with attached additions to a total 827 footprint of less than one thousand (1,000) square feet; such 828 additions shall also comply with the requirements set forth in article 829 V of this ordinance. 830 831 832 833 ARTICLE V. EXISTING STRUCTURES IN FLOODPLAIN AREAS 834 835 Sec. 5.1. Existing structures. 836 837 A structure or use of a structure or premises that lawfully existed prior to the 838 adoption of this ordinance, but which is not in conformity with this ordinance, may be 839 continued subject to the following conditions: 840 841 A. Any existing structures in the floodway area shall not be expanded or 842 enlarged unless it has been demonstrated through hydrologic and 843 hydraulic analyses performed in accordance with standard engineering 844 practices that the proposed expansion or enlargement would not result in 845 any increase in the base flood elevation. 846 847 B. Any modification, alteration, repair, reconstruction, or improvement of any 848 kind to a structure and/or use located in any floodplain ar as district to an 849 extent or amount of less than fifty (50) percent of its market value shall 850 conform to the VA USBC and meet the freeboard height in effect at the 851 start of construction for the original structure. 852 853 C. Any modification, alteration, repair, reconstruction, or improvement of any 854 kind to a structure and/or use, in any floodplain ar a district to an extent or 855 amount of fifty (50) percent or more of its market value shall be 856 undertaken only in full compliance with this ordinance and shall require the 857 entire structure to conform to the VA USBC. 858 859 ARTICLE VI. VARIANCES AND APPEALS 860 861 Sec. 6.1. Administrative variances. 862 863 The floodplain administrator shall approve or deny an application requesting an 864 administrative variance after receipt of a complete application. Administrative variances 865 may only be granted for the following uses, development, or redevelopment: 866 19 867 A. As defined in section 4.10, floodplains subject to special restrictions, for 868 filling only. 869 870 B. Any structure or use sustaining damage not caused by flood to an extent 871 or amount of fifty (50) percent or more of its market value to allow the 872 structure to be rebuilt to the freeboard height in effect at the start of 873 construction for the original structure. If the structure is a pre-FIRM 874 structure, full compliance with the current VAUSBC freeboard above the 875 base flood elevation is required. Structures that are utilizing an approved 876 land management plan for their on-site waste disposal may be allowed to 877 continue the use of the land management plan as long as it is approved by 878 the city and the health department, even for damage or destruction 879 resulting from flood. 880 881 C. As defined in section 4.8 B, X and X(Shaded) Zone requirements. (Other 882 Areas of Flood Risk), where the floodplain administrator has determined 883 that the proposed stormwater enqineerinq design will appropriately 884 mitigate any impacts to the finished floor of the nonresidential 885 development. 886 887 Sec. 6.3. Application process. 888 889 A. Applications for variances from the requirements of this ordinance shall be 890 made to the city council and filed with the director of planning. The fee for 891 such applications shall be six hundred fifty dollars seven hundred eighty 892 ($650780.00). Such fee shall include all costs of notifications and 893 advertising. Except in cases in which such fee is waived, the director shall 894 not accept any application not accompanied by payment of the required 895 fee. The procedure for the advertising, hearing and determination of 896 applications for floodplain variances shall be in accordance with the 897 requirements pertaining to applications for subdivision variances, as set 898 forth in section 9.4 of the subdivision ordinance. In cases in which a 899 variance application is filed by reason of a natural disaster that is the 900 subject of a federal declaration of emergency, application and associated 901 advertising fees shall be waived and such application shall be given 902 expedited processing to the maximum practical extent. 903 904 B. All applications shall be accompanied by the following: 905 906 1 . A separate map, on a 1" = 100' or greater scale, identifying all 907 proposed land disturbance, including fill and mitigation areas, and 908 the limits of the existing and proposed SFHAs, tidal and non-tidal 909 wetlands, Southern Rivers Watershed Management Area Buffer, 910 and CBPA Resource Protection Area Buffer; and 911 20 913 914 2. A preliminary floodplain study addressing the physical and 915 environmental characteristics of the floodplain located on adjoining 916 properties and in the general area. Such study shall be sufficient to 917 show that the variance, if granted, will meet the standards defined 918 in section 6.34 and in addition thereto, shall: 919 920 a. Contain supporting data and calculations required for a 921 Preliminary Stormwater Engineering Analysis as appropriate; 922 923 924 b. Comply with the Public Works Design Standards Manual; 925 and 926 927 c. Be certified by a professional engineer, architect, surveyor, 928 landscape architect or practitioner of a related field having a 929 valid license issued by the Commonwealth of Virginia or who 930 is exempt from licensure pursuant to applicable provisions of 931 the Virginia Code. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4e2r- •Acv\ Planning Department City Attorney's Office CA15674 R-3 January 25, 2022 21 � u°Gca0 \ F° t`E'3 }o .1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to Winter Storm Jasper MEETING DATE: February 1, 2022 • Background: State law authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On January 20, 2022, effective at 5:00 p.m., the City Manager issued a declaration of local emergency in response to the imminent threat posed by Winter Storm Jasper and a resulting potential for power outages and the loss or interruption of vital City services. The City Manager's declaration authorized City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effects of this winter storm. ■ Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency. That Code section also provides that the City Council shall take appropriate action to end the declared emergency once all necessary emergency actions have been taken. The ordinance ends the emergency declaration effective January 26, 2022, at 11:59 p.m. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance and Declaration of Local Emergency Recommended Action: Approval City Manager: ?/11,0 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO WINTER STORM JASPER 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), the City 10 Council, by adoption of §§ 2-411 through 2-413 of the City Code, created the Office of 11 Emergency Management and appointed the City Manager as the Director of Emergency 12 Management; 13 14 WHEREAS, in response to the imminent threat of disaster posed by Winter 15 Storm Jasper, Governor Youngkin issued a State Declaration of Emergency on January 16 20, 2022; and 17 18 WHEREAS, in response to the imminent threat of disaster posed by the storm, 19 the City Manager, as the Director of Emergency Management, issued a Declaration of 20 Local Emergency on January 20, 2022, effective at 5:00 p.m. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 26 the Declaration of Local Emergency issued by the City Manager on January 20, 2022, a 27 copy of which is attached hereto and incorporated by reference; and hereby ends the 28 declared emergency, effective January 26, 2022, at 11:59 p.m. 29 Adopted by the Council of the City of Virginia Beach on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office-- City Attorney's Office CA15684 R-2 January 26, 2022 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach find the imminent threat posed by winter weather to be of sufficient severity and magnitude to warrant coordinated local government action to better protect the health and safety of the City's residents and visitors. Therefore,pursuant to Code of Virginia§ 44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning January 20, 2022 at 1700 hours. In accordance with this Declaration,the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out,all powers,duties,and functions prescribed by State and local laws,rules, regulations, and plans as may be necessary to adequately and appropriately respond to said Local Emergency. Patrick A. Duhaney, City Manager& Director of Emergency Management 1 Z4 '1.o'L'Z/ (Date) f6{ M CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Declaring 1049 and 1053 Virginia Beach Boulevard to be a Revitalization Area in Order to Qualify for Virginia Housing Financing MEETING DATE: February 1, 2022 • Background: Virginia Housing (formerly Virginia Housing Development Authority) provides lower-cost financing for housing developments that provide affordable and mixed-income housing that serves varying populations within the same development. The Judeo-Christian Outreach Center Inc. has proposed to develop JCOC, a single-room-occupancy facility made up of 38 affordable units on property located at 1049 and 1053 Virginia Beach Boulevard (GPIN 2417-65-3527, 2417-65- 2620). In order to qualify for Virginia Housing financing, the developer has requested the City Council approve the attached resolution, which is required by State law before such financing can be provided by Virginia Housing. The City Council previously approved a Conditional Use Permit for a single-room- occupancy facility and a Modification of Conditions for a group home during its meeting on June 2, 2020. In addition to the financing through Virginia Housing, the City through its Department of Housing and Neighborhood Preservation intends to direct federal funds toward this project to expand housing opportunities. • Considerations: The attached resolution is required if the project is to obtain the proposed funding. The subject property is within a federally designated Opportunity Zone. This project is located in District 6. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached resolution • Attachments: Resolution; Exhibit A (Site & GPIN listing); Disclosure Form Recommended Action: Approval Submitting I - Vo ment/Agency: Department of Housing and Neighborhood Preservatio..di City Manager: ( 'O 1 A RESOLUTION DECLARING 1049 AND 1053 2 VIRGINIA BEACH BOULEVARD TO BE A 3 REVITALIZATION AREA IN ORDER TO QUALIFY 4 FOR VIRGINIA HOUSING FINANCING 5 6 WHEREAS, pursuant to Section 36-55.30:2(A) of the Code of Virginia, the City 7 Council of the City of Virginia Beach, Virginia, desires to designate an area as shown on 8 Exhibit A attached hereto with a street address of 1049 and 1053 Virginia Beach 9 Boulevard (the "Area") as a revitalization area; 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 1 . The Council makes the following determinations: 15 16 a. The industrial, commercial or other economic development of the Area will 17 benefit the City, but the Area lacks the housing needed to induce 18 manufacturing, industrial, commercial, governmental, educational, 19 entertainment, community development, healthcare or nonprofit enterprises 20 or undertakings to locate or remain in the Area; and 21 22 b. Private enterprises and investment are not reasonably expected, without 23 assistance, to produce the construction or rehabilitation of decent, safe and 24 sanitary housing and supporting facilities that will meet the needs to low- 25 and moderate-income persons and families in the Area and will induce other 26 persons and families to live within the Area and thereby create a desirable 27 economic mix of residents in the Area. 28 29 2. Pursuant to § 36-55.30:2(A) of the Code of Virginia, the Area is hereby designated 30 as a revitalization area. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: glOGVAtr- using and Neighborhood • o y's Onrce Preservation CA15678 R-1 January 19, 2022 Exhibit A-Judeo Christian Outreach Center 1049 & 1053 Virginia Beach Boulevard - illsllIlg.....gs. I..i.."Iwsl.lsi"Ill°1"R"PPI.IIIIIIIIIIIglligl°iglisg.s.".....s"- - '`I',, ,- --. \ \HI ti '1� . 11W i, 1 `� 1021VIRGINIABEACHBLVD 1i01 1 1. Via+# ‘, N.1061 w to _ 1Q1.1N e 141s 1077-101 1077-102 1067 1077-103 10c\ - i; 1077-104 - \•, j.. • 1061 'N\' 1077-105 '•r-7 -. _ 1069 / 1033-102 ---. # 14 � 102s 202 All'' .401ij' 201 BRCH LAKE RDSTE 7, k4 )77-108 i "' �GHIJJ e z - �� t-„a 26r- 1 Site Location Location and Site Layouts-GPINs 2417-65-3527, 2417-65-2620 Exhibit A—Judeo Christian Outreach Center 1049&1053 Virginia Beach Boulevard \ cr lob ; 41 V \, catsb „Oak • Na mat at wax. o,.. a. ..`._-. EC m. n rn. ' , Rona a•4 "u: .. \ ..axe to MACH Mao.m. ILo -;... -... \.N .....nmA 41110010101.117. °a ° .000� -�»a TM " (] f l hl. u1a1 o '. 000�• .j'\:\ .uaSm. IIT nl "• � c;\e �Rmarl a•w r'O O ��. Ni Ulaf }Fn10 K.1 Off. / to 10 to 444.- .4L o z .1CC_p�::: ,Ni�I Mal '\�O Na"' o0 7 Ceoao Eo a nG °p ,',.EE A4R1 DW.... .,.y f w0 �1 .7 N 1 to '"4110 O; ,'r. •ca cal cal _ ,!!.. .s ^r/t1kH\\\ •L1 _tla-1 W.la1 Will _ T OOOCpK.ocas 1+ i. Wial.� �' 15 Na-- 7s I•a \ C a Ea I •1al CM '.6ggC __ t ii 1 w `Q , rli-lil 44- J1 i. mot 5, 14140 // UN tit..\ I I '1A4• 15::_ _....x.,,,,,.... , II ri s'11110111:111M1111 ) din.l.4•=1111••d•P•4=di _ wn :; eur leIVO a w w w WIN UAW VIRGINIA DEACN BLVD. • nr.TIP . Ta.,,, 111•rara•p OMR.mq NORM Graphic Scab V 2 JCOC Site Layout Location and Site Layouts-GPINs 2417-65-3527, 2417-65-2620 • NBc,,,/ Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) - - Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE: ❑ _ REVISIONS SUBMITTED DATE: +'y ` arm nn GN aJ b 4 °Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Judeo-Christian Outreach Center If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached list (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 b SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's Page 2 of 5 fiY1 e �. - Virginia Beach names: If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p, parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 40, a 'Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) IQI Accounting and/or preparer of Wall, Einhorn & Chernitzer 4�' your tax return g ❑ Architect / Landscape Architect / TS3 Architects/PC Tom Smith Land Planner Contract Purchaser (if other than ❑ ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ii purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors None Presently El Engineers / Surveyors/ Agents WPL Financing (include current None Presently ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ✓ ❑ Legal Services Sykes, Bourdon, Ahern & Levy PC Eddie Bourdon Real Estate Brokers / ❑ J. Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? ` ,_ _ LA Page 4 of 5 (1i�nj Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 If A Judeo- Christian est. ,90 Outreach Center BOARD OF DIRECTORS 2022 George E. Moore,III, Co-Chair Sharon Smith, Co-Chair Drew Lankford,Vice-Chair Community Volunteer Carpet World Carpet One City of VB Dept.of Public Works 757-478-4184(cell) Floor Trader of Virginia 757-385-8062(office) 757-431-1352(home) Prosource of Hampton Roads 757-409-4353 (cell) unimoore69@gmail.com 757-288-9889(cell) drew.lankford3Agmail.com 958 Quail Run Quay 757-547-7656(home) 2129 General Booth Blvd.,#103-212 Virginia Beach,VA 23452 757-853-8250 (fax) Virginia Beach,VA 23454 Spouse: Janet sharonkerlinsmith(2i yahoo.com 393 Dorsey Lane, Church/Affiliation: Church/Affiliation: Virginia Beach, VA 23451 Nimmo United Methodist Foundry United Methodist Church/Affiliation: Board Member since: 2008 Board Member since: 2007 Great Bridge United Methodist Board Member since: 2009 Victor Philleo,Treasurer Bob Bibbs, Secretary Jeff Brown Waterfront Advisory Group Daniel W. Hargrave,CPC,PC Bank of America Private Bank of Raymond James 2610 Potters Road Virginia Beach, 999 Waterside Dr., Ste.800,Norfolk, 222 Central Park Avenue, Suite 1600 VA 23452 VA 23510 Virginia Beach,VA 23462 757-340-1598 (home) 757-625-9877(office) 757-278-5805 (office) 757-377-7065 (cell) 757-470-7417(home) 866-522-9639 rnbibbs@,gmail.com Jeff.W.Brown@bofa.com 757-439-0970 (cell) 888 Bishopsgate Lane Brownjw757Agmail.com victor.philleona,raymondjames.com Virginia Beach,VA 23452 1333 Beacons Reach Dr., 1428 Back Cove Road Spouse: Carol Virginia Beach,VA 23454 Virginia Beach,VA 23454 Church/Affiliation: Church/Affiliation: Church/Affiliation: King's Grant Presbyterian Church Star of the Sea Catholic Church St.Michaels Lutheran Church Board Member since: April 2018 Board Member since: Jan.2020 Board Member since: May 2011 Laura Contreras Rowe Frederick(Freddie)Preston Steven Freeman Exp Reality Fletcher III Davenport&Company 757-374-3758 (cell) Development Manager,The Lawson 757-306-4801(office) laurarowe@laurarowe.com Companies 757-567-8663(cell) 4145 Hermitage Point 757-287-2888(cell) stevefreeman(cr�,investdavenport.com Virginia Beach,VA 23455 ffletch757Agmail.com 1400 East Bayshore Drive Spouse: Keith 3124 Coopers Arch Virginia Beach,VA 23451 Virginia Beach,VA 23456 Spouse: Nancy Church/Affiliation: Spouse: Mary Wave Church Church/Affiliation: Name of place of worship: Galilee Episcopal Church Board Member since: May 2020 Galilee Church Board Member since: Jan. 2019 Board member since: Aug.2021 Jim McCaa Mark Matel Michele Partridge-Lane Community Volunteer Enterprise Community Partners Russell's Heating Cooling Plumbing 757-428-9122(home) 500 E Main St 16th floor, Suite &Electric 757-613-8958 (cell) 1666,Norfolk,VA 23510 1100 Executive Blvd. jcmccaal@cox.net (617)596-7542 Chesapeake,VA 23320 103 43rd Street markpmatelAgmail.com 757-343-8946(cell) Virginia Beach,VA 23451 1325 Westmoreland Avenue mplane@russellshvac.com(w) Spouse: Betty Norfolk,VA 23508 2320 Country Glen Ct. Spouse: Virginia Beach,VA 23453 Church Affiliation: Spouse: Mark Galilee Episcopal Church Church/Affiliation: Church/Affiliation: Board Member Since: Oct.2016 Board Member since: June 2020 Courthouse Community UMC Board Member since: April 2018 Allison Stanton McDuffie Gabrielle(Gabi) Rosenblum Liz Stevenson The Neighborhood Harvest Community Volunteer Community Volunteer 1013 Abington Road (757) 535-3326(cell) 2028 Pungo Ridge Court Virginia Beach,VA 23451 Peepers12098Agmail.com Virginia Beach,VA 23457 757-233-5159(home) 1728 River Court, 757-635-2814(cell) 757-639-4165 (cell) Virginia Beach,VA 23454 liz@stevenson.net dmcduffie@cox.net Spouse: Richard Spouse: Kevin Spouse: Duff Name of place of worship: Church/Affiliation: Church/Affiliation: Congregation Beth El,Norfolk Charity United Methodist Church Galilee Episcopal Church Board member since: Feb.2021 Board Member since: April 2018 Board Member since: April 2017 Bob Timms Inman& Strickler PLC 575 Lynnhaven Pkwy. Suite 200 Virginia Beach,VA 23452 757-486-7055 (office) 757-431-0410(fax) 757-630-9562(cell) 757-481-7126(home) rtimms@inmanstrickler.com 1425 Ruthland Drive Virginia Beach, VA 23454 Spouse: Kimberley Church/Affiliation: Galilee Episcopal Church Board Member since: June 2010 Revised 1/1/2022 gG�H..IA,B�E��y�} 1_4O„e ms.i 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into Portions of the City's Rights-of-Way known as 36th Street and Atlantic Boulevard (Commonly Referred to as the "City Greenbelt") Adjacent to 3601 Atlantic Avenue by Belvedere Hotel Investment Associates, LLC MEETING DATE: February 1, 2022 • Background: Belvedere Hotel Investment Associates, LLC, a Virginia limited liability company ("Applicant") owns property located at 3601 Atlantic Avenue, and is developing a new Hyatt Place Hotel at that location. The Applicant has requested permission to install and maintain a seat wall, landscaping, storm drain, concrete flume and irrigation system (the "Encroachments") within a portion of the City's rights-of-way known as 36th Street and Atlantic Boulevard (commonly referred to as the "City Greenbelt"). • Considerations: The proposed Encroachments will be consistent with similar encroachments in the City Greenbelt and stub streets at the Oceanfront and are designed to minimize the impact to the public's use of the City Greenbelt. City staff has reviewed the Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Encroachment Agreement, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works v,, City Manager:Rcv 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO PORTIONS OF THE CITY'S 5 RIGHTS-OF-WAY KNOWN AS 36th STREET AND 6 ATLANTIC BOULEVARD (COMMONLY REFERRED 7 TO AS THE"CITY GREENBELT")ADJACENT TO 3601 8 ATLANTIC AVENUE BY BELVEDERE HOTEL 9 INVESTMENT ASSOCIATES, LLC 10 11 WHEREAS, Belvedere Hotel Investment Associates, LLC, a Virginia limited liability 12 company desires to install and maintain a seat wall, landscaping, storm drain, concrete 13 flume and irrigation system adjacent to 3601 Atlantic Avenue (the "Encroachments")within 14 a portion of the City's rights-of-way known as 36th Street and Atlantic Boulevard (commonly 15 referred to as the "City Greenbelt"); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 25 and 15.2-2107, Code of Virginia, 1950, as amended, Belvedere Hotel Investment 26 Associates, LLC, a Virginia limited liability company, its assigns and successors in title is 27 authorized to install and maintain the Encroachments within a portion of the City's rights-of- 28 way known as 36th Street and Atlantic Boulevard (commonly referred to as the "City 29 Greenbelt"), as shown on the exhibit map consisting of eleven (11) sheets entitled: "CITY 30 RIGHT-OF-WAY ENCROACHMENTS HYATT PLACE VIRGINIA BEACH OCEANFRONT 31 VIRGINIA BEACH, VIRGINIA", a copy of which is attached hereto, collectively, as Exhibit A 32 and on file in the Department of Public Works and to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject to 36 those terms, conditions and criteria contained in the Agreement between the City of Virginia 37 Beach and Belvedere Hotel Investment Associates, LLC, a Virginia limited liability company 38 (the "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 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 Belvedere Hotel Investment Associates, LLC, a Virginia limited liability company, 47 and the City Manager or his authorized designee execute the Agreement. 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 49 , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLIC WORKS, REAL ESTATE CITY OR Y CA15419 \vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d004\p039\00773734.doc R-1 January 11, 2022 �I — PARCEL ��N..- , 5 �, , `'' �� BELVEDERE HOTEL w 0,! o i ��_ INVESTMENT ASSOCIATES,LLC �twr� m�i6 1 ' o " A f� p ��� GPIN:2428-04-2067 �w�� TO DAYLIGHT AT GRADE ON PVC FROM TRENCH DRAIN u O / �r" I INST.#202100000016 �� , I, 6" PERFORATED PVC FOUNDATION' 5 4- , L� CONCRETE FLUME, INV @ J. H�AMILTON BU HEY �� I DRAIN WRAPPED IN FILTER FABRIC ` I N ♦ WALL = 13.12 N Lie. No. 032234 a� D7 TRENCH DRAIN & I �" vli 6/30/2021 t .c V `_ �E 1 CATCH BASIN NM M 0,.t> ■ -'I 1 **: � � ��� 76117'32 1/V,150.00"�It ilfrA. I ' STORM ,lwstt iw` ,t i,.. _/.P.)"r,Y,%J r7/, At e /.,'_ 1 o , ts$ "0 U < L L - , 0%11.14 Ai A-14**4 V"S v-VS#W'WAWA"#-Al i"ii 14**• °A ; LO ;** 0 0 0 tAivie,to I A 1.**OtOSO %AA ♦�♦o♦.♦o♦ vie _ '� • ..,i�♦�� �► „ . j I— � � I♦�►�, T��- P-R I♦e m o ��0�� .T S - \ /fir b ♦A Q o I I♦r°4a ♦� "'� 0 • • •I♦ co ' ♦141 ,0 MATCH Ati 02 .0_ «�, (60 RIGHT-OF-WAY) ,��`I �,♦�Q " ♦,� terT t(F ,* NIBIT 2A}. ♦,♦ o 0 0 ��� MB 3, PG 176 ,,0♦, ♦�/ STORM SCHEDULE LEGEND (X. STORM DI 0 EX. STORM DI ENCROACHMENT 7 REPLACE REGULAR GRATE W/ O` BEEHIVE GRATE) EX. TOP=15.45 v AREA 1,554 S.F. AND w EX. INV. IN=8.72(SW) 0.035 AC. z EX. TOP=13.03 EX. INV. OUT=8.72(NE) PROPERTY LINE J �� EX INV. IN=9.23(SE) — — ' EX. INV. IN=8.73(SW) n EX. STORM MH ,U "a NOTES: PROP. INV. IN=10.65(15" RCP, N) EX. TOP=11.81 1. SEE EXHIBIT 2A AND 2B FOR SECTION D 2 EX. INV. OUT=8.67 EX. INV. IN=7.17(SE) AND SECTION E. (D7)(NO STRUCTURE) EX. INV. IN=7.63(SW) 2. REFER TO EXHIBIT 2D FOR EXISTING 15" RCP THROUGH RETAINING WALL EX. INV. OUT=7.10(NE) UTILITIES LOCATIONS. GRAPHIC SCALE INV. OUT=10.73 (TO#EX 5, 15" RCP,S) 20 0 10 20 40 ONIM (D7)TO 04- 15" RCP @ 2.0% (IN FEET) 1 inch= 20ft. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 20' A VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 1 OF11 ��I,TH Op G� -( 44S3 i,444 J. H�AMILTON BU HEY 9 10 Lie. No. 032234 l q2D.3 "� 7/28/2021 13 O'er • 7 THERMOPLASTIC HANDRAIL 6 FALL �6161. L #(1 PROTECTION WITH GLASS INSERTS THERMOPLASTIC I 12 HANDRAIL WITH POSTS 6-0"O.C. \ I CYLINDER GRINDERMINDER ul SKATEBOARD AND BIKE ACCESSIBLE �z I 1; DETERRENT,OR APPROVED EQUAL CONCRETE RAMP 2 _ `�'kk CAST STONE WALL CAP; FINISH:OAKRIDGE DISCONNECTED GAS I n LINE TO BE REMOVED ' I ry in b 3l4 PARGE CIP CONCRETE S'THICK THIN ADHERED FINISHED GRADE VARIES.SEE WALL PAINT SW7642, 5'-0 se. N y CONCRETE FINISH OAKRIDGE MASONRY UNITS ON CIP CIVIL SHEET C0100. SHOJI WHITE -i ; : I I g 2'1,-0' 2' — 0'"Ir I ` EXISTING TO REMAIN re..:� . YY �•..:.� � �•�.� .�.- >� TELECOM "' 1�� I `mmo' f~ .,, CONNECTOR PARK 6'PVC PIPE TO • - SZ �P �— I w `. P PAVERS-MATCH TRENCH DRAIN V. T - • _�+ EX.STM.STR,#5 =T EXISTING FULLY- GRANJLAR BACKFILL " - J 1 ;, ,`� ADHERED /- MEMBRANE - � - FLASHING < r' ' WITH FELT PROTECTIVE U\ / �" r b jti 7 rn\\\ 7rl/j �1 2, SHEET .•. ..• f,l/y /,/' / ,, ,`' , • � V: fi b . / /� �* - ' b /J//{,,y�p�%/��/ EXISTING TO REMAIN /� \ \ .4:0, �j , S"PVC STORM PIPE ,k,N, / �iL. / t 7I 6'PERFORATED \---EXISTING TO REMAIN �� ~/ Y� ' //y/' 1%/\/ / ,\�✓ / FOUNDATION DRAIN PIPE, \ \ SEE CIVIL DRAWINGS FOR STORM PIPE // / y ' / / I I f / PIPE CONNECTIONS SECTION D-SOUTH WALL RAMP-LOWERED FOOTING SCALE•1/4'•1'-0' CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1/4" = 1'-0" 2A VIRGINIA BEACH, VA DATE 7/28/2021 SHEET 2 OF 11 oN,TH OF D U J. HAAMILTON BUSIHEY Lic. No. 032234 �0 6/30/20210 l FENCE POSTS la 4,0"O.C. �SISONAL 5.�.1�� <-LASER-CUT ALUMINUM YYY SCREEN 12'W x 4rL CAST STONE :FINISH:BLACK WALL CAP.FINISH: II- OAKRIDGE.ALIGN WALL CAP SEAMS WITH CENTER b - OF FENCE POSTS&NOTCH A I F BOOT TO COVER BASE PLATE AT EACH EDGE FOR POST. BASE PLATE',ANCHORS INTO CONCRETE CURB PER _ CYLINDERSKATEBOARD GRINDERMINDER MANUFACTURERS SPEC E ,OR AND BIKE DETERRENT, APPROVED EQUAL a 3/4'THICK THIN ADHERED MASONRY UNITS ON CIP CAST STONE WALL CAP, CONCRETE:FINISH:OAKRIDGE FINISH:OAKRIDGE IT 20.3' • PARGE CIP CONCRETE — PARGE CIP CONCRETE WALL&PAINT SW7042, --' w w w S FINISHED GRADE VARIES.SEE CIVIL r WALL&PAINT SW7042, SHOJI WHRE O¢ E• SHEET CG700. SHOJI WHITE w«,58 m I 1•0" 2" .:.;x> w0 Level ■ 1I* I**II* 4.i,:•••c .7 . PARGE CIP CONCRETE A i\SX*Xv� WALL d PAINT SW70424. CONNECTOR PARK x FULLY-ADHERED r, XIS71N0 bILA "-r''''- SHEET �/�/I /'� V POOL �i!/�//�/�✓ � ✓/ GRANULAR BACKFILL o . Y���✓l\ N ... `�o.�/ 1 6"PERFORATED �.\1�7I 10 FOUNDATION DRAIN PIPE ' \\ \\'�\y'�\}�\�\\y� /\y\' ='\'\�\ -""�'" / / 6EE CIVIL DRAWINGS FOR v A /''ys''VC \\,''''s�'- / / VvT\v,."r� >\�-,� yr, i, PIPE CONNECTIONS e ' \\\,\,,,XW ,- . / : �' / \\ \\ \\\\\/ EXISTING TO REMAIN \; \ \ i \ip>• TELECOM \�\� "\� / \�JN. \ T 3 j h,\ � '\�T ExnsT ro EMAIN \ \\ \\\ \ \ \ \'>\ FIBER OPTIC R EXISTING TO REMAIN SECTION E-SOUTH WALL POOL STORM PIPE SCALE=1/4"=1'-0" CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 201 201 25-01 0306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1/411 = 11-011 2B VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 3 OF 11 ! I,TH OF rmi ' ACCESSIBLE e Y cal CONCRETE RAMP 'r�Q I u7l (TRENCH DRAIN NOT 444 ` Z'3 SHOWN) Ji �4 II a Q HANDRAIL&FALL PROTECTION; 8J. H'AMILTON BU HEY 5 SEE ARCHITECTURAL PLANS. °��� Lic. No. 032234 imp i I,' It 6/30/2021 t i 6"PVC FROM TRENCH DRAIN ,,1 ! TO DAYLIGHT AT GRADE ON 'e� I i CONCRETE R13.12T FLUME,INV @ vSIONAL G —-- ,: -1- 71, I,1 EX5 j,10 ni;ir'404 0r1. 9;. °,i, (REPLACE REGULAR GRATE W/BEEHIVE GRATE) 1 EX TOP=13.03 rt i SEAL THE 15"RCP EX INV.IN=9.23 1, AROUND THE PROP.INV. IN=10.65(15"RCP,N) - I6"'FOUNDATION DRAIN EX INV. OUT=8.67 6" PVC PIPE TO Yam. CONCRETE TRENCH DRAIN ,111 / • FLUME rEXISTING GRADE 1.--,' .) -i tk 4 LF-15^Ais ----- OM GRANULAR RCP @ - I BACKFILL - •♦••.•♦ 2,0%__ I10.50- -., i' — I 1'7 I9.17 D7 6"FOUNDATION DRAIN TO INV. 10.73 DAYLIGHT INTO 15"RCP 7'4" INV.=10.75 0 STORM SEWER D7 TO EX 5 SECTION - SCALE 1"= 3'-0" CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE/BTC HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 3'-0" 2C VIRGINIA BEACH,VA DATE 6/30/2021 SHEET 4 OF 11 r �� PARCEL A < �. 1 NSF I 0 o v,S,TH Op y BELVEDERE HOTEL INVESTMENT ASSOCIATES,LLC o O 341: r� - GPIN:2428-04-2067 ` INST.#202100000016 1. PROPERTY/ PROPERTY/ J. H�AMILTON BU HEY 9 RIGHT-OF-WAY LINE RIGHT-OF-WAY LINE I N Lic. No. 032234 N 1 _ � M 10 6/30/2021 N Z co � I �SSIONAL ��� N' — gas S76°07'32"W 150.00' - t2------to 24"RCP o e4"RCP c) _7_ • • LANDSCAPED - h o O 0 ugt -iAREA �uo= c�i t ,- ugt _ w Q SEAT WALL START >c } "' SEAT WALL END > Q > SEAT WALL o % J `�_° U O (SEE EXHIBIT 2A) U' RELOCATED COLONIAL o L9 d 52.4' >, STREETLIGHT, (TYP OF 3; co IL 0- z = (,)-[ 102.6' �' SEE NOTE BELOW) U M J ° m Z2' c F- fx 2 113.0' / -- - --- 36TH STREET < o co ' ' ® (60' RIGHT-OF-WAY) T ArIT r, ? MB 3, PG 176 NOTE: ELECTRICAL CIRCUIT FOR EXISTING STREETLIGHTS SHALL BE RELOCATED/EXTENDED TO THE STREETLIGHTS IN THEIR NEW LOCATIONS. GRAPHIC SCALE 20 0 10 20 40 (IN FEET) 1 inch= 2011. 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No. 032234 -A0 7/28/2021 y� ti GRAPHIC SCALE 20 0 10 20 40MIIII SSJ ONf�L mom imm (IN FEET) 1 inch= 2011. CITY RIGHT—OF—WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1"=20' 2F VIRGINIA BEACH,VA DATE 7/28/2021 SHEET 7 OF 11 I-I- JO 9 133HS IZOZ/OE/9 31VG VA 'HOV39 VINI9HIA OZ ANON : 1VOS 9Hr a311O3HO 1NOEEINd300 HOdd8 VINIJ}IIA dOd1d lIVAH 3S1 NMVHO 118IHX8 9OCO L0-SZ LOZ LOZ :10roucl 9Hr a3NDIS3a SINAWHOVOONd AVM-dO-1HOIH l llO 13311HONV 3dVOSONVI L131N30 S30IAN3S 1N3VJdO13A30'HOV3O VINIOHIA 30 AllO WOW 1VAOLIddV N9UIi1M ONV 213NMO AILI3dO21d 3H1 wow N311IHM V 3HIf1O321 SNOI1/ll11S9NS 1NVld SM3N1 NO N1VN1 S '3'0(Z)'13 --- --- (ll)1N00 3NMNST MS 3s3NIH3 S3010IN/SM'1101163dS0131431411 1 ri SXNV11341 003113/1 9N13VdS 134.38dS 6001 3ZIS YON N01A00 WI 7131N108 A10 3NN --- S '3'0(S'L)'13 --- --- (ll)3N00 39VS NVISSnN 3n18A21M° ,3n18AZVaa,vnalo idluv VIXSPON.3d S9z Nd --- S '3'0 CO'11 --- --- (LI)'1N00 SSVNO N30101 MOM ,VNIHSFINA,515713NIS s1HIMOS111 oa ON --- S '0'0(SA '13 --- --- (ll)1/100 A1I1AV0 SNNn13N Addm ,S8111311 Ack311.X SMI30831131 ILL HH --- S '30(f) Ti --- --- (ll)'11100 SS'NO S'dKWd SNVAa S83141V33 ANON Ill,Wind,WVOTT3S W13QI11100 9l 13 MINIM 00H1311 ONOVdS 01138dS 111013H 3ZIS 311M NON1100 3VVN TYJ9N109 A10 S3SS I0/S1VINN383d ONU1Nld 7040Sv3s S '0'0 (l)'11 --- --- CO 1od STVONNV 1040S13S SIVINNY /9l VV S Id113N 00H13'1 01113Vd5 OV3Nd5 13101314 3ZIS 31M1 NON1100 31.1914 713I111108 A10 S1NVld S003018838 --- f NMOLfS S'37I1d --- (Y-£)'11 (III)'11100 01131I11d llh%O 80I11'VMS 01 NS --- f '3'0(Z)'LI --- (91-91) -pi (f/)'11g0 3S011 N3N000141108O LIM 11800 111,V2103910131,X VSON 191 'N --- f '0'0(z)'11 --- (91-SL)TI (fl)'11100 NnaodS011ld 1116Mo s.ri3133HM .1NVM0 S,N3133HM,VN901 1V1N04SO111d a ld+ --- f '0'0(S7)11 --- (Si)'13 (LI)'1NO3 S114Uo0000d M34 MOMS ONN WA,Sn1W4d080111 SndN/JOOOd fS Ill 3003H sf10f1Nwo c '3'0(f)'LI --- (of-rz)'M (fl)11100 13NNd 2136121 331.44VMfIS 8348 33MIVMIIS'matador 1tlu1.Sf=X1 lit I'1 --- f '3'0(z)'11 --- (11-91)'NI (CO'1N00 AT10H X1V30N08 ,X8V30909.V9 1 0 1111 01 X311 9s 81 --- f '0'0(►)'LI --- (0f-1z)'NI (fl)'11401 V30NM1I04 N3NNo9 '1,N3'ff15 SS310113,YTONdoa3H V3ONIMOAH 6 8*1 SXNV1139 OO14131 0NL7odS 0136dS MOH 321S 31M1 NO'V100 311VII TOINVI09 MA SWIMS 1110 36143105111 ON_ I NMOHS SV 30I1d - _ (91-9L)'LI C9f)X08 I'MWd 30V8813 01131111d TOYS 9 dS 5XU141138 O0311311 ONCYVdS 063615 114O131 3215 31614 NO111103 311164 1101111108 kW 53311 d1fG3HOS 1N` id �� Zduolsss w 6ZOZ/OE/9 oa izEzzEo •°u •°?'I �A3H 11H No,L'IINIT •fo r° 10HSAA4. ' - ' / I,: i moo MN yMI MN 1111•1116•00. I_ IIMMEMIll - IIIIM.Ili=NMI MN I 0,4 " PARCEL A I_immiammommi __—� ° ,� ' N/F �I��� • -. _ ! , BELVEDERE HOTEL Z���� i - 7 �iL�■ ® roc INVESTMENT ASSOCIATES,LLC ��a�� ® GPIN2428-04-2067 === U INST.#202100000016 . ��s ,I - PROPERTY/RIGHT-OF-WAY LINE /�L' HUNTER PGV-101 G 1" -I�, HUNTER PCZ-101-40 1" .(I, ,� I a_ o mI .41707,07..ww,,,meteme,,,,,,,,,,,, PM_, ___ _ _11-.._. _ -__-_ ,;;;;_. .. ... .„ 7 „ ._. „, „. .f n7. :... .. ...7-41 *-fatifiariril/.. 4 Wall \' \ - •:�-j/ii /� i�ii��/ 7,/67//-//////////-4 W4 �i►���I` NETAFIMSERPENTINE DRIPLINE gxsiof IPE SLEEVE V, I -r.�i',IS > ,,,,�,,,o IRRIGATION � �`���AVO XiOMtI021���� �%# #s#% 4/' .`,�, Q Q > AlPIVAIV,�, MAINLINE ��—�,I,—�,` &.-ILi �I,I,I i \V,I `_�° 12 p a ;,,,A,,,0, , ,,,,I,�E,�,,,�,,,,�,�,I,& HUNTER PROS-04 40 D o 0— , Q li oi co Y*****.tvt AREA TO RECEIVE DRIPLINE NETAFIM ,,�,�, ,yo � �, 15 RADIUS(TYP) , =iOtAVVAOtolkN gt$S z E &3 4 * 4$:7.4' Ar , ; ,I,TH 4F D i40.4.14041 6.1,,,2: U J. HIAMILTON BU HEY Lic. No. 032234 v0 9/15/2021t GRAPHIC SCALE 20 0 10 20 40 (IN FEET) 1 inch= 20ft. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT IRRIGATION SYSTEM PLAN DRAWN LPM HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 20' 2H VIRGINIA BEACH, VA DATE 9/15/2021 SHEET 9 OF 11 . , 4,1..04kt�, ♦; \ - •( N/F I \ TELVEDERE HOTEL fINVESTMENT ASSOCIATES.LLC ,. . GPIN.24280420970000 BLOCK 3,PG 176-177 PROPERTY/RIGHT-OF-WAY LINE ,,�. ♦,, .` 65,LOT 2 ►irr .�, �� a�.�. �� IRRIGATION _ AL_ ■ u J •4A I,��, II . I IMMMMn MAINLINE M =111'1 111W111I 11111= 11-1-il \ \ \ iiiiMi _ J, 0 ' .\\\ \ HUNTER PGV-101G 1" \ HUNTER PCZ-101-40 1" Ill vtili 4 -0E-WA L N " ,II1, i® an ir\ ® �A��.4_11, 111Ast♦♦oP44♦ AREA TO RECEIVE DRIPLINE NETAFIM I0♦ .,,,♦,;,.. . ATLANTIC B I ULEVARD HUNTER MP3000 PROS-04(TYP) MB 3, 'G 176 Ate#0 HUNTER PROS-04 W00 % is ito 15' RADIUS(TYP) HUNTER MP2000 PROS-04(TYP) IRRIGATION ‘,TH Op LATERAL LINE k o ^'10 1 U J. MILTON BU HEY y Lic. No. 032234 va 9/15/2021 ,4' GRAPHIC SCALE .?ZsSIONAL e\1 20 0 10 20 40 (IN FEET) 1 inch= 20ft. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 201 201 25-01 0306 EXHIBIT IRRIGATION SYSTEM PLAN DRAWN LPM HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB 21 VIRGINIA BEACH, VA SCALE: 1�� = 201 SHEET 10 DATE 9/15/2021 OF 11 I,THOFy e IA U J. HIAMILTON BU HEY. Lic. No. 032234 IRRIGATION_SCHEDULE `��� 9/15/2021v 1 OEM Manc0a Imc v.s ,aAL Cs ao000 Huller PROS-04 15'ratios o 0 0 0 0 0 O Hunter PROS-04 adjustable arc 2 000 Hunter MP2000 PROS-04 2 000 Hunter MP3000 PROS-04 6 IRRIGATION NOTES 50111➢L MNINQINBANDE. illi 1. ALL WORK IS TO BE IN COMPLIANCE WITH ALL LOCAL, STATE AND FEDERAL CODES AND ORDINANCES. SI Hunter P'CZ-101-40 1' 4 .+y 2. ALL UNDERGROUND ELECTRICAL CONNECTIONS ARE TO BE MADE WITH 3—M WIRE CONNECTORS, DBY. 0 Hetafin 11t11-06-18 lrfp Ring(20 I.f) 1 �j� InIteta 4. 2T021t 3. ALL REMOTE CONTROL VALVES ARE TO BE INSTALLED IN VALVE BOXES OF APPROPRIATE SIZE. 4. ALL CONTROL WIRING DOWNSTREAM OF THE CONTROLLER IS TO BE 14 AWG, UL APPROVED FOR DIRECT BURY. Nelofim RDL-OB 18 Serpentine D pliro 110.8 if. 5. SYSTEM DESIGN BASED UPON 15 GPM 0 70 PSI. MI. MMlt1FACIURPR/M0041 ffi 6. ANY CHANGES IN AVAILABILITY OF SUPPLY SHOULD BE NOTED AND MODIFICATIONS TO THE DESIGN SHOULD BE MADE. fie Hunter Pf V-tole 1' 2 7. CONTRACTOR TO VERIFY WATER PRESSURE AND AVAILABILITY PRIOR TO INSTALLATION. W Isolation Volvo 1 eF Zorn 975XL 3/4' 1 8. THE LOCATION OF ALL IRRIGATION IS DIAGRAMMATIC AND SUBJECT TO FIELD VERIFICATION. El Hunter PC-400 1 9. ANY IRRIGATION PIPING SHOWN OUTSIDE OF CURBS FOR CLARITY ONLY. Hunter wR-CLK 1 10. 120V. TO CONTROLLER AND COPPER STUB, BY OTHER THAN IRRIGATION CONTRACTOR. 'M Point of Connection 1' 1 11. A BOOSTER PUMP IS REQUIRED IF SYSTEM DOES NOT MEET THE DESIGN PRESSURE. Inigotion Lateral Line:PVC Claus 200 Solt 21 1' 596.2 lf. Irrigation Latent tine:PVC Claes 200 SOR 21 1 1/2' 3.t if. 12. THE CONTRACTOR IS RESPONSIBLE FOR THEIR OWN MATERIAL TAKE OFF. — — — — Irrigation Mainline:NC Class 200 SOR 21 1' 3493 Lf. Pipe Seam PVC Schedule 40 2' 162.7 U. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 201 201 25-01 0306 EXHIBIT IRRIGATION SYSTEM PLAN DRAWN LPM 2J HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: NONE SHEET 11 VIRGINIA BEACH, VA DATE 9/15/2021 OF 11 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 I 7114 day of !V /(/1Z?e , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BELVEDERE HOTEL INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "PARCEL A GPIN 2428-04-2067"; as shown on that certain plat entitled: "RESUBDIVISION PLAT OF LOTS 1 , 2 & 3, BLOCK 85, MAP 3 VIRGINIA BEACH DEVELOPMENT COMPANY (M.B. 3, P. 176) VIRGINIA BEACH, VIRGINIA", , which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 202107000016, and being further designated, known, and described as 3601 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a seat wall, landscaping, storm drain, concrete flume and irrigation system, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as 36th Street and Atlantic Boulevard, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby GPIN: CITY RIGHT OF WAY (NO GPIN REQUIRED OR ASSIGNED) 2428-04-2067 (3601 ATLANTIC AVENUE) acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat consisting of eleven (11) sheets entitled: "CITY RIGHT-OF-WAY ENCROACHMENTS HYATT PLACE VIRGINIA BEACH OCEANFRONT VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto, collectively, as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and 2 to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, 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 Encroachment. 3 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, 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 Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said BELVEDERE HOTEL INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company, has caused this Agreement to be executed on its behalf by SUBURBAN MANAGER, LLC, a Virginia limited liability company, its Manager, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021 , 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 , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 BELVEDERE HOTEL INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company By: SUBURBAN MANAGER, LLC, a Virginia limited liability company, its manage - By (SEAL) J. CHRISTOPH PERRY, anager STATE OF VA CITY/COUNTY OF V;(g v is Beach , to-wit: The foregoing instrument was acknowledged before me this 1:114 day of N oYcinn oet , 2021 , by J. CHRISTOPHER PERRY, Manager of SUBURBAN MANAGER, LLC, a Virginia limited liability company, Manager of BELVEDERE HOTEL INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company. (SEAL) Nota,y Public NotaryRegistration1'13 3gG6 r. NOTARY •��` Number: Q. PUBLIC REG#7738966 ; My Commission Expires: 08 I �� (2S =n i COMMissl0N EXPIRES Q (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ATURE' CITY ATTORNEY i vJ DEPARTMENT 7 • _ PARCEL A i i (I I I r,. s_ lb o �'TH Op P 1] ��� I,. , ���� • 7_ BELVEDERE HOTEL - r - , o I - I -r INVESTMENT ASSOCIATES,LLC; ., 1 n 1 - o #ii 4 P. �mo L. GPIN:2428-04-2067 !'� 4 �, 6" PVC FROM TRENCH DRAIN - - O �0r E _ INST.#202100000016 ' ,Amw 1 TO DAYLIGHT AT GRADE ON ;- -1 '-6" PERFORATED PVC FOUNDA ��•�� 1 J. MILTON BU HEY''{ �+ CONCRETE FLUME, INV @ i_. _ � J. � i� c: .;„, -Li_-DRAIN WRAPPED IN FILTER FA. A=� I c� ,.. � I _L �, a WALL= 13.12 I -J I N Lie. 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OUT=8.72(NE) — — J EX INV. IN=9.23(SE) PROPERTY LINE I= 1 EX. INV. IN=8.73(SW) O EX. STORM MH NOTES: 0 'I a PROP. INV. IN=10.65(15" RCP, N) EX. TOP=11.81 1. SEE EXHIBIT 2A AND 2B FOR SECTION D EX. INV. OUT=8.67 EX. INV. IN=7.17(SE) AND SECTION E. r0 D7 (NO STRUCTURE) EX. INV. IN=7.63(SW) 2. REFER TO EXHIBIT 2D FOR EXISTING 5 15" RCP THROUGH RETAINING WALL EX. INV. OUT=7.10(NE) UTILITIES LOCATIONS. GRAPHIC SCALE a INV. OUT=10.73 (TO#EX 5, 15" RCP,S) 20 0 10 20 ^" ������ sommismim D7 TOO4- 15" RCP @2.0% (IN FEET) 1 inch= 20ft. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 20' A VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 1 OF11 A,TH OFL� 49v44,414 4r r J. E1�AMILTON BU HEY y 0 Lic. No. 032234 20.3 �0 7/28/2021 sgi z_THERMOPLASTIC HANDRAIL 8 FALL �SSIONAL � O PROTECTION WITH GLASS INSERTS THERMOPLASTIC S HANDRAIL WITH POSTS 6'-D"O.C. - - - p CYLINDER GRINDERMINDER SKATEBOARD AND BIKE 1 DETERRENT.OR APPROVED ACCESSIBLE Iii?,,- EQUAL CONCRETE RAMP \ CAST STONE WALL CAPpFINISH:OAKRIDGE DISCONNECTED GAS n _LINE TO BE REMOVED \ 3/d•THICK THIN ADHERED PARGE CIP CONCRETE "'II 5-0 5/6• N' MASONRY UNITS ON CIPFINISHED GRADE VARIES.SEE WALL 8 PAINT SWTO4211" CONCRETE;FINISH:OAKRIDOE CML SHEET CGIOO. SHOJI WHITF Levcl 1 �y,� oEXISTING TO REMAIN _Acii,...L. b.5 u� TELECOM ^ '�6•PVC PIPE TO ` I SZ IWFF IOW frr 7 CONNECTOR HARK W PirMr_ N PAVERS MA I(El TRENCH DRAIN = EX.STM,STIR.RS EXV,I INI: il —._.—Ti N �wee Ili FULLY-ADHERED y 7 BACKFILL f I -.. MEMBRANE . .•1....-. • FLASHING - ' WITH FELT PROTECTIVE b MIMI // 1A4A4TAIrS4 11414444 O GG�d�hy�¢�r ' v. EXISTING TO REMAIN %� r �49� �i / ` \ •C 6-PVC STORM PIPE ,`�� 6'PERFORATED \ '`��`.,, '/�•�'` �' / FOUNDATION DRAIN PIPE EXISTING TO REMAIN , l,r�/ ./((�/ i. SEE CIVIL DRAWINGS FOR STORM IPE //.,,'// X />/ / N(/ /�/�/ tiT PIPE CONNECTIONS O�/�I•/J`y/ i `/�✓/�/d"%" / / " /�� ` /f- \> ' *A>w,k,,,e;x_ ,*,'ie >%4,1,:',#4 tVt,4P-,/4:tk:44:4'4 fl.,4 1:tc.1:4:3,\7#1/4"*.'1•441,4::#,V41,41;410:144:\ift:tftZ,•''4/•'•V'^, SECTION D-SOUTH WALL RAMP-LOWERED FOOTING SCALE-1/4'.1'-0• CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 201 201 25-01 0306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1/4" = 1'-0" 2A VIRGINIA BEACH, VA DATE 7/28/2021 SHEET 2 OF 11 i) ,TH OF D� 1 U J. ILTON BU HEY a Lic. No. 032234 �0 6/30/2021 'I�/ FENCE POSTS 034'-0'O.C. ��S TONAL # ¢—LASERCUTALUMINUM I YY SCREEN; INISH:BLACK 17VV x 48'L CAST STONE WALL CAP;FINISH: OAKRIDGE:ALIGN WALL CAP SEAMS WITH CENTER b BOOT TO COVER BASE PLATE OF FENCE POSTS 8 NOTCH g. TT AT EACH EDGE FOR POST. t BASE PLATE;ANCHORS INTO _ CYLINDER GRINDERMINDER CONCRETE CURB PER SKATEBOARD AND BIKE MANUFACTURER'S SPEC DETERRENT,OR APPROVED EQUAL 34 _____,�3/4"THICK THIN ADHERED CAST STONE WALL CAP; MASONRY UNITS ON CIP CONCRETE;FINISH:OAKRIDGE FINISH:OAKRIDGE S 20.3' PARGE CIP CONCRETE — — PARGE CIP CONCRETE WALL 8 PAINT SW7012. ' r w w $ FINISHED GRADE VARIES.SEE CIVIL WALL&PAINT SW7042, SHOJI WHITE ,a li_9 w jl w w IN SHEET CG100. ? 1,cr 2' SHOJI WHITE Level PARGE CIP CONCRETE `• ,,• „'�' - WALL 8 PAINT SW7042, 84 PARK ?jN [CONNECTOR PAVERS-MATCH EXISTING x FULLY-ADHERED .•, •• I 1Y a MEMBRANE FLASHING �( P. WITH FELT PROTECTIVE •` ,k4`\�`✓/‘•- '�+� ` 'i 1-. r _J - 1 :P .J: �g SHEET r/�I I�'%I�I (•v%9, POOL •, �✓✓•✓,✓4.c\ 1' .. GRANULAR BACKFIU Y �r����/�' � I FOUNDATION GRAIN PIPE: v///i�/. ,,�i /•,� , /: /i y;�T � �� / 4 .BEE CIVIL DRAWINGS FOR ,wnA/V /V v� ,.� !v/// si /• V A A, r ✓j PIPE CONNECTIONS ✓// / / / • •CiOC>>000 G • 4Ji yam ' i ',,p�p�✓�✓✓�/��//�, I 1 4 wTiv/� / �l :av vv v /,-,,,j���✓�-,*,,, 4 v y v v/7 v v v v°<.y �� v � v ��A✓�0�✓�A✓� �� .,�I T �l v ^/✓,/v/YvI. °P _ /vliv`� v/A,�V !,';.,,,,A Ty i� / / v ` /pip✓�✓✓‹ '% �fiy� `��5' , v S v< v 'C'v v yvP ��, �����\�\�� ♦ \ \\ �\ \ /\� EXISTING TO REMAIN ✓j✓✓✓ ✓✓ v / ,� v ,> v / v` /v/ /Vvv/vvv,,y'vv/ TELECOM y / /y#`\i ii� / >i /�i�i iv// S�v/\i�Av': v / 7 3`; y// /v/ ;;,yy(('j�\.� / /ivy/v i, /\\ O*.y \ /\i ��f \\\\\/\ / ,\ /\ \.0 \ K?\'1�\V,.\\ \�\ \� EXISTING TO REMAIN ,.. . . i� �.<.,cv. ?<, ,„.„ IA�c w/ rv/,mow. ii: ., „ .„,T„,,„„ S.:/. /.,.a/:/,c.1/,..,,i:vi.li i,�... v /.YYwvll �N":Y//:/i,<-<�%K FIBEr�drrlc EXISTING TO REMAIN SECTION E-SOUTH WALL POOL STORM PIPE SCALE=1/4.=1.0" CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 201 201 25-01 0306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1/4" = 1'-0" 26 VIRGINIA BEACH,VA DATE 6/30/2021 SHEET 3 OF 11 I,TH Op ACCESSIBLE ' G cDl CONCRETE RAMP f (TRENCH DRAIN NOT l�/ �,I J3 SHOWN) �i ~�4 ll CI w, HANDRAIL 8 FALL PROTECTION; I. jiAMILTON BU HEY a SEE ARCHITECTURAL PLANS. •. air Lie. No. 032234 1 6/30/2021i 6"PVC FROM TRENCH DRAIN O 1 TO DAYLIGHT AT GRADE ON �� 1 �,� WALL CONCRETE FLUME,INV @ s`�IONAL � 11' EX 5 l 1 L., (REPLACE REGULAR GRATE W/BEEHIVE GRATE) j : EX TOP=13.03 I.; I' SEAL THE 15"RCP • EX INV.IN=9.23 AROUND THE PROP.INV. IN=10.65(15"RCP,N) , 16"FOUNDATION DRAIN EX INV. OUT=8.67 6"PVC PIPE TO CONCRETE TRENCH DRAIN y FLUME 11 I 1 EXISTING GRADE 1,4 4 LF-15" GRANULAR •-•'""" RCP @ I BACKFILL w ea= 2.0% 10.5� }: — I 1.7' I9.17- D7 6"FOUNDATION DRAIN TO INV.10.73 DAYLIGHT INTO 15"RCP 7'-4" INV.= 10.75 rml \ i STORM SEWER D7 TO EX 5 SECTION , SCALE 1"= 3'-0" CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE/BTC HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 3'-0" 2C VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 4 OF 11 ° 3---- PARCEL A 18 YI N/F - ' I o Z,TH Op - - BELVEDERE HOTEL o f� y / INVESTMENT ASSOCIATES,LLC, o '. - GPIN:2428-04-2067 INST.#202100000016 �r �,� . PROPERTY/ - PROPERTY/ i J. MILTON BU HEY RIGHT-OF-WAY LINE RIGHT-OF-WAY LINE N Lie. No. 032234 'It 6/30/2021 N • Nii Z_---I - - _ _• — I �'S Cs d • ti as ' /� S76°07'32"W 150.00' - IONAL 2--�fo gas 2„RCP — .�._. o P4"RCP _3.-_. —r LANDSCAPED c.� — h o O uat AREA �u cv t ug = _ i tCC w < SEAT WALL START } vsRtLocSAETAETDWCAIENNI: > ¢ �g! SEAT WALLI % �_U O C� (SEE EXHIBIT 2A) U O I- IL a 52.4' > STREETLIGHT, (TYP OF 3; I m IL a Z = �'; 102.6' SEE NOTE BELOW) J 0 m c� , \I zFE2 113.0' 36TH STREET % 5 o J Qco (60' RIGHT-OF-WAY) Q fir' A .. MB 3, PG 176 } NOTE: ELECTRICAL CIRCUIT FOR EXISTING STREETLIGHTS SHALL BE RELOCATED/EXTENDED TO THE STREETLIGHTS IN THEIR NEW LOCATIONS. GRAPHIC SCALE 20 0 10 20 40 IMMIIMM (IN FEET) 1 inch= 20ft. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 20' 2D VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 5 OF 11 .� 1: —._r_ _. I,. •. INN IIIIMI , PAR ®—� ( r1�t oe 1.2T 7 0+4..� CIE _ CEL A r® �� _ n °' gg E - N/F MN6 oA3 -dS aQo �� 1 ,� BELVEDERE HOTEL i� �� - �e,�.o, % �r� INVESTMENT ASSOCIATES,LLC '� �•O•1 l S p� I GPIN:2428-04-2067 �I �c3c n� l INST.#202100000016 �� �� �ojoo� ,� [ PROPERTY/RIGHT-OF-WAY LINE N - _. 0,C%j le 1 I ._, .1_ 1_ 1... I -`i.- _ELT= IS WAVE mil i ' -7 - - I r- ' •�=v+��1.]it1�l�iiilRiRiFl tilrii try-It ii-saisirif.tr itkir*-14,44t , r. 7 • — .... — '.A "Iti sti,� �rWO r04-01,-wilk-wwwww-mi No 'Pr' Vio • i#• — O�ArtT r.Arad*' 47 4,ne1A 4 r�►O.w. ,goo.be oo00000oo.00'o.o.no.0.o.00.moo,; ` MOTH 1, ,:HH-H 9 \ Vern r'4:aa 4r#���o Arettia44.?' #o 'b 0 llr �IWi`r� '�, I, it 1 e1-18 .. ..ti►'naoag000ago;a►,:�,00c1r,�.e►,�.00.e,.o1o, �`7 �� i► fit• AY r" RM-35 O �♦♦e I.� i').:: ter-r-......+ti+ �./ 0 S IW. ,`, , � PT ���I o o o � i'rI�� st#S0 I 1-7- 0- tO 0s# 0 0 . -�oil, I�� '' �� ����'ll► ��11��i� eE i 1 ta 5v. I! , �i < 0 OSO ° $ Sib A, Si. Ot4.4i . iki0.4.. ..dit.4411L*0%#*44 A * • 1411."_ 6 05 iikv < b 1100441PA10414" Z M .40 to OAlk AAA A At * : -6- iiir'tekidtk,...*:".:\i""4104k‘ 10011""ipOONs 1-- s tot ��Z 2 cf; 0 S4 4#* A r S$Vfr 0 # 44# 0*# All **,dik 03 H 0- ILO Z,TH OF P. 4 g. IiAMILTON BU HEY y Lie. No. 032234 Vt 6/30/2021 i SS-TONAL -c GRAPHIC SCALE 20 10 20 40 i_ Imiimmi _� (IN FEET) 1 inch= 20ft. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 20' 2E VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 6 OF 11 0. F •f , I ** *VOA* 0 , �,,,;i `3( . N/F �r BELVEDERE HOTEL C), INVESTMENT ASSOCIATES,LLC ,,� ,,,, - GRIN 32 PG 176-17700 -- n d�d MB 3,PG 120970 PROPERTY/RIGHT-OF-WAY LINE ' OAY BLOCK 85.LOT 2 ,` ��� , °li�� a, i�Tl�S' _ice { r �� J I ,, o00ngO000003,e;,O�OOv000)O'�O'FOf�~QI�Li'.O "��'"♦ tt.♦ �' A� ► '• • e �'" v`00• n: '' °I_ O p Q ✓r' �O4t00 J ~y'F1v ♦frev't- l dz ,- 4 is e 0 e�e e k F-1 e-F ka;. coo,. •�s,iM��,,•Voe:,000°gaac° �rEdk0A0Pi Y �.4:r'4''' .-.07N ��60F001,00 *0 :l'�o0CI00�o? yA:) I / • , �0000 0-00=?., 0`. O � 7�� ,r,.4 vo 00. . ' O ` ***� !4 -2 /z a �`�t`:���:�°"�;��"opooy'�ya 46,4_o' .f�►'N'��,�• s��'e��r +f y�O'e oe 4�0�0,00 . `,p���,��o°ae�?m �, *�,,''Ioi,•��� C '� vai \ �1 a �.o e A 3 �.� ;K1Ar p?, e�b cc ,e-o�Qi1.CMS�M� N. o�,:ice_ Iri •R•• R /;,,�;, sloY0'p04 td i:•,,i v�f i 4 �7'•e0 ioe4d<?al t Ord `//1 , H OF-WA LN , ,,%, BERMUDA SOD `Vs'itt 0a4 k<iS•ACa!.�'�il;:rsAi%• S.1o�r n =�; ,, ,,,,,,;,,,,�� (FOR REPAIR) to ' I �; , ,,,,�;,y,,1/, ce a N . . a vai MU ,,�;,I,,,, TYP ,,, , , EDGE OF ATLANTIC BOULEVARD EDGE OF ,,,,,,,, MULCH BED, (60'RIGHT-OF-WAY) v, MULCH BED, MB 3 PG 176 N BERMUDA SOD (FOR REPAIR)/ ,,,,,,;, II LEGEND ENCROACHMENT m AREA 2,332 S.F.AND I,TH Op 0.0535 AC. 0 I. 4 — — PROPERTY LINE , HI U J. AMILTON BU HEY Lic. No. 032234 v0 7/28/2021 v A -c- ti GRAPHIC SCALE 20 0 10 20 40 �SIONAL (IN FEET) 1 inch= 201t. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1"=20' 2F VIRGINIA BEACH, VA DATE 7/28/2021 SHEET 7 OF 11 IA co �~ f x �, � X Nw w O - C (NI z o 0 a W i a z co 6 p co T Lc) N ,- 0 N 1- 0 LLl N Z 0 r 0 U W 1 LLJ LLJ J Ldzi 1 1 1 1 i 1 1 1 1 1 CC U s CL w z w U N l� Uri Uri U UO c U {�<<j U U U U ZZ U W GGC �..� . O O O U Z N H V NN UU • v2N a;R ,, g avvvv N N ELGENNEN EEEEN w CO ILI CO QN ci • I 1 i i i i I Ii i I i i i o i El 1 EA 1 1 1 1 1 1 tn 1 to 1 1 1 1 %i 1 w CO Q t o 0 1;3' F'A ^ � ." ^ 0 w w i 444 I j, � 7 w Z Z _ n ~s ~s m RE s ? ? ? E ? i E a I Rx I I I I t I z Q WI-- 5 2 2 < .v .v > • p3 p .p.pj6jv .v. � "�yy� � o U O 2 V 8 8 8 t t 8 8 V1 S N 8 8 8 m d, U 2 O 0 a a O C l J S2 aGam' v' ? w V , 1 E C g z 3 z � xH gE gE ni Zn 8 8g1E08 � o LLJ Z w 2 < 2 W g 1- a (_) U a U N - w 0 R a g0 0 I a ; ">-.., N 0 WW 0 & 22Eg• os A s Z m LLJ � i i4gt o § o1 i �' 1 „g w Q D 8_ . get = x = � g 1A6 } wS s 5 i & Ns � s � = s w 0 V= ga � : 2 _ Isomom _ 8Eg _ ° L_ > > coN O L.1 z I Q Q 0 _I nisi • in m 3 a t z g i * r s i a S r ga } f— >- cc U 1 -I 1 1 1 I 1 I . ' �G� : PARCEL A _ /4rt i N/F ' BELVEDERE HOTEL Poc INVESTMENT ASSOCIATES,LLC I 1 1 ,__ , ` ' •% g.,_ INST.#202100000016 I I I 1 I I I iL �' mo= .i PROPERTY/RIGHT-OF-WAY LINE IIII �L5�1 o HUNTER PGV-101 G 1" ,♦ �� . HUNTER PCZ-101-40 1" *♦ _ ' 40 ♦ _ ��'/ — aa, r- " 7. .. ... .. ... Amman �u -.4; • .4 • • • . ' riTi .4 II / 0.„ A, .40 _444. %v. .,. .,/ffS" te,`.7 . // /7/70441 i v ;11LsplikOlititi 1 N♦,� NETAFIM SERPENTINE DRIPLINE j / �� . � ��'� vs"" ♦ ♦ ,♦ t / A PIPE SLEEVE ♦, 1 �.,i ♦, • Ili Q O,�,♦,�,# IRRIGATION %` / ,• ♦11 ,♦ ,Its 1�,♦, i- , Q I ,♦W40MAINLINE , inIppa�m!, `,r;lle��;�,r HUNTER,♦ ,,, // `�A J cr(! 3 F O2 a tstk$t4 ♦ I ♦10*/toSA�,♦,I1,♦,OW . 15, RADUS(O= 0 v. AREA TO RECEIVE DRIPLINE NETAFIM ,♦,e,♦,�,M,t,♦,� IV♦ _ m, 1 IQ' 5 2 "AASSOSAASSA • '•'' '' ,%#0 OSAOSA . N :$* 57 E 13 I; 4A0t#VtAlt#SOS♦ ♦ .°_ ♦r�''�i ' 1♦,�,♦��,♦,O,♦• _VOtSt Q '� Z,TH Op l e P t f 44441 6:1,s SJ. HJAMILTON BU HEY 9 Lie. No. 032234 ci t 9/15/2021 %IONAL Cs GRAPHIC SCALE 20 0 10 20 40 NM O (IN FEET) 1 inch= 20f1. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT IRRIGATION SYSTEM PLAN DRAWN LPM HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 20' 2H VIRGINIA BEACH, VA DATE 9/15/2021 SHEET 9 OF 11 ♦ #E' 0 ♦ ` .I NF BELVEDERE HOTEL /� , \\• •� INVESTMENT ASSOCIATES,LLC ,,\� �♦♦♦ \ GPIN'2l280420970000 I 1LP+ Ly PROPERTY/RIGHT-0E-WAY LINE BLOCK5,LOT2_ IRIGATION I _����� .� MAINLINES1.11111111111111111111111111IMMIMMIll 7, . : 711111111111111711111111_ 1 J- 4 WW1' ,,N ..,_ ‘s. \�, /� \\ HUNTER PGV-101G 1 \ HUNTER PCZ-101-40 1" N-0 °�,,,♦re*,4V • AREA TO RECEIVE DRIPLINE NETAFIM 00, ,,,♦♦;;,,,♦,�) HUNTER MP3000 PROS-04(TYP) ATLANTIC B 0ULEVARD *ii- ♦♦ , I (60'RIGH OF WAY) '7 O MB 3, 'G 176 N O HUNTER PROS-04 Q, 15' RADIUS(TYP) HUNTER MP2000 PROS-04(TYP) IRRIGATION %TH Op LATERAL LINE ' P4 4,414114adm J. nAMILTON BU HEY; Lic. No. 032234 �0 9/15/2021v 20 GRAPHIC SCALE 0 10 20 40 �`r`SIONAL � NM NM 111.11•1111111•11 (IN FEET) 1 inch= 20ft. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT IRRIGATION SYSTEM PLAN DRAWN LPM HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 20' 21 SHEET 10 VIRGINIA BEACH, VA DATE 9/15/2021 OF 11 01,TH Op D� o Q� � U J. HHAMILTON BU HEY 5 Lic. No. 032234 et IRRIGATION_SCHEDULE `��� 9/15/2021i mei tic �s`0IONAL ��000000 Hunts PROS-04 15'radius 9 o 0 0liZIZI 0 0 �� Hunter PROS-04 odjuetable arc 2 COO Hunter MP2000 PROS-04 2 0 0 0 Hunter MP3000 PROS-04 6 IRRIGATION NOTES Mai OV4JFA000RFR/MODF1 Cil 1. ALL WORK IS TO BE IN COMPLIANCE WITH ALL LOCAL, STATE AND FEDERAL CODES AND ORDINANCES. SI Hunter PCZ-1O1-40 1' 4 - -e�rtrt, 2. ALL UNDERGROUND ELECTRICAL CONNECTIONS ARE TO BE MADE WITH 3—M WIRE CONNECTORS, DBY. ads Netafim 1UDL-06-18 Orip Ring(20 I.f.) 1 3. ALL REMOTE CONTROL VALVES ARE TO BE INSTALLED IN VALVE BOXES OF APPROPRIATE SIZE. ijjj/ Netafim 1ttt 06-1e Receive Dripfius 2202 Lf. 4. ALL CONTROL WIRING DOWNSTREAM OF THE CONTROLLER IS TO BE 14 AWG, UL APPROVED FOR DIRECT BURY. �� Neta9m 7LDL 06-18 Serpentine D pine 1103 I.f. 5. SYSTEM DESIGN BASED UPON 15 GPM 0 70 PSI. MC01. WASEKII1RE1t/MOCEL flit 6. ANY CHANGES IN AVAILABILITY OF SUPPLY SHOULD BE NOTED AND MODIFICATIONS TO THE DESIGN SHOULD BE MADE. OP Hants PCv-1010 t' 2 7. CONTRACTOR TO VERIFY WATER PRESSURE AND AVAILABILITY PRIOR TO INSTALLATION. W Isolation Valve I — Zero 97551.3/4' 1 8. THE LOCATION OF ALL IRRIGATION IS DIAGRAMMATIC AND SUBJECT TO FIELD VERIFICATION. CIOQ Hunter PC-403 1 9. ANY IRRIGATION PIPING SHOWN OUTSIDE OF CURBS FOR CLARITY ONLY. 0 Hunter VIR-CUC 1 10. 120V. TO CONTROLLER AND COPPER STUB, BY OTHER THAN IRRIGATION CONTRACTOR. P Point of Connection 1' 1 11. A BOOSTER PUMP IS REQUIRED IF SYSTEM DOES NOT MEET THE DESIGN PRESSURE. Irrigation Lateral lime:PVC Chas 200 SCR 21 1. 596.2 Lt. trdgathn Intend line:PVC Chas 200 50R 21 1 1/2' 3.1 If. 12. THE CONTRACTOR IS RESPONSIBLE FOR THEIR OWN MATERIAL TAKE OFF. — — — — Irrigation Mainfine:PVC Class 200 SDR 21 1' 3493 I.f. Pipe Sleeve:PVC Schedule 40 2' 162.7 Lt. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXH I BIT IRRIGATION SYSTEM PLAN DRAWN LPM 2J HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: NONE SHEET 11 VIRGINIA BEACH, VA DATE 9/15/2021 OF 11 .' MC \ is I icE cOZ _�——`` t 1 1-- i 2� ~L5�1*A IA ----- ~ Q ~ f '`fr { , .. x ::ost 3AV 0LLNV'llVBOSE 1it 1 yL____-' _______ t SOLI31s3AV311NV11VL06£ zszia t \On j ', 6S6-Wie Fr. 1t it d 4171609C t S NL 1 1 G6Z. '\\ �� _..._ 1OZ-009C t 1. LSHL9C _�. £OK 4t `j 1 00 L-OOB£ t 1 t 1 i' 1S M19C SOZ t 711 Q t \ 1 lied sc.aNd T 1 .�y5 wluW Ae!IBH ..,� yy t 3Ab I1 PJbllb 1.Oa 0 9OZ 1< 109£ a S —r 1 �__ 15 ' HL9£ -- ------'----e-\---- i jt Y — 669E It ; Z69£ 14 1m£ l I \ 1 S06-Slat t 3AV3tiNVLLVZL9E 1� 3AV0I113t\\ d LZ9E "On:g19£ SL9C W CM 40L-SL9E ..� L29£ :5 1 ZO9-SL9£ Li69f _r—� 1,4 t MC-SL9£ 1 i , + SO6 SL9£ LS{{LL£ 4 PoO-SL9E \45,, i LS4'<L1"£ SOZ 1 fOZ OOLLOLt 1S 1 �_-..----- L0Z ' y t OOZ-LOL£ ` 1 '1. d l aoE-Lote S-ri 1 \ Y 44 db�W N0llt/�O1 {� 't _� 1 t ..-- 4 Egs.dosure Statement Planning& Cneninunity Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Belvedere Hotel Investments Associates, LLC Does the applicant have a representative? 0 Yes in No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes i] No • if yes,list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) J. Christopher Perry • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Suburban Capital, Inc.; Suburban Manager, LLC "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 ( Page Disdosure Statement mg,lit willow amp • I&nnisvg&C. Known Interest by Public Offidal or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-cotlateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? IKKiYes ❑ No • If yes,identify the financial institutions. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes, identify the real estate broker/reactor, 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?® Yes 0 No • If yes,identify the firm or individual providing the service. BOO 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?® Yes 0 No • If yes,identify the firm or individual providing the service. Baskervill (Architects), WPL (Landscape Architects) 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ® No • if yes,Identify the purchaser and purchaser's service providers. 2IPage Disclosure Statement _ Miming& Cottnnunatj Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ®Yes ❑No • If yes,identify the construction contractor. Hourigan 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the engineer/surveyor/went. Draper Aden Associates 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. Pander&Coward AppllcantS!nature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature J.Christopher Perry, Member Print Name and Title Date Is the applicant also the owner of the subject property? ® Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY US[ONLY/All disclosures must be updated two(2)weeks prior to arty Planning Commission and City Council meeting that pertains to the applications - No changes.s of Mod oaa signature print Name_ .firm 7,'Jf 1 cuai5 C IER 8 C4IIonl - 31Page 011 HG, fo IT- . �> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Projects 1-030 and 1-031 and to Appropriate $54,938,822 in FY 2020-21 Schools Reversion and Revenue Sharing Formula Funds MEETING DATE: February 1, 2022 • Background: The School Board of the City of Virginia Beach adopted a Budget Resolution Regarding FY 2020-21 Reversion and Revenue Sharing Formula Reconciliation on November 23, 2021. This resolution is attached. The proposed amendments to the FY 2021-22 Operating and Capital Improvement Program budgets of Virginia Beach City Public Schools are necessary to appropriate, by ordinance or ordinances, $54,938,822 in FY 2020-21 School Operating reversion funding and to establish Capital Projects 1-030, "Replacement Payroll System," and 1-031, "School Bus & Fleet Replacement." • Considerations: The proposed amendments to the FY 2021-22 Operating and Capital Improvement Program budgets of Virginia Beach City Public Schools totaling $54,938,822 are shown in detail in the amounts and for the purposes set forth below: 1. $11,000,000 to be appropriated to the School Reserve Special Revenue Fund to be set-aside for use in the FY 2022/23 Capital Improvement Program; 2. $34,432,182 to be appropriated to the CIP fund: a. Project 1-017, "Renovation and Replacement Grounds II!" (synthetic turf at Kempsville HS and Ocean Lakes HS) - $3,500,000; b. Project 1-018, "Renovation and Replacement HVAC III" - $2,986,775; c, Project 1-020, "Renovation and Replacement Various Ill" (locker removal/renovation at First Colonial HS and classroom/furniture replacement at various schools) - $6,250,000; d. Project 1-022, "Elementary School Playground Equipment Replacement" - $1,000,000; e. Project 1-026, "Lynnhaven MS Expansion (Achievable Dream)" - $1 ,100,000; f. Project 1-028, "Bettie F. Williams/Bayside 6th (Grades 4-6) Replacement" - $7,500,000; g. Project 1-030, "Replacement Payroll System" - $4,382,407; h. Project 1-031, "School Bus & Fleet Replacement" - $7,713,000; 3. $900,000 to be appropriated to the Athletics Fund 204 (startup costs for lacrosse program); 4. $8,606,640 to be appropriated to the School Operating Fund 115 for: a. Access layer switches and points - $1,221 ,000; b. Interactive whiteboard replacements - $882,000; c. Electronic perimeter access control doors - $645,000; d. Data center firewall upgrade - $566,125; e. Instructional supplies - $151,515; f. Contracted services to pressure wash building exteriors and courtyards - $130,000; and g. Maintenance and repair projects and equipment - $5,011 ,000. At the Workshop Session on January 11, 2022, representatives from the Virginia Beach City Public Schools presented the School Board's reversion and revenue sharing request. This presentation included possible amendments to the School Board's request. The attached ordinance incorporates these requests, which are as follows: a. specifically earmark the funds in the School Reserve Special Revenue Fund for Project 1-015, "Princess Anne High School Replacement," ($8 million) and Project 1-029, "Bayside High School Replacement," ($3 million); and b. move $2 million from Project 1-020, "Renovation and Replacement Various III," to Project 1-029, "Bayside High School Replacement." • Public Information: This item requires a public notice and public hearing. The notice appeared in the Sunday, January 9, 2022, VIRGINIAN-PILOT, and the public hearing was be held on January 18, 2022. This request was presented to the City Council in a public briefing on January 11, 2022. • Attachments: Ordinance, School Board Resolution REQUESTED BY VICE MAYOR WILSON AND THE SCHOOL BOARD REQUESTED BY VICE MAYOR WILSON AND THE SCHOOL BOARD 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECTS 1- 2 030 AND 1-031 AND TO APPROPRIATE $54,938,822 IN FY 3 2020-21 SCHOOLS REVERSION AND REVENUE SHARING 4 FORMULA FUNDS 5 6 WHEREAS, the School Board of the City of Virginia Beach adopted a Budget 7 Resolution Regarding FY2020-21 Reversion and Revenue Sharing Formula 8 Reconciliation on November 23, 2021; 9 10 WHEREAS, the funding request exceeds 1% of the City's FY2021-22 operating 11 budget, so a public hearing on the proposed appropriation was held on January 18, 2022, 12 to get the sense of the residents regarding the School Board's appropriation request; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 1. Capital Projects 1-030, "Replacement Payroll System," and 1-031, "School Bus & 18 Fleet Replacement," are hereby established in the FY2021-22 Capital 19 Improvement Program. 20 21 2. $54,938,822 in reversion and revenue sharing funds are hereby appropriated for 22 the following purposes: 23 a. $11,000,000 to be appropriated to the School Reserve Special Revenue Fund 24 to be set-aside for use in the FY 2022/23 Capital Improvement Program, 25 specifically $8,000,000 for Project 1-015, "Princess Anne High School 26 Replacement," and $3,000,000 for Project 1-029, "Bayside High School 27 Replacement;" 28 b. $34,432,182 to be appropriated to the CIP fund: 29 • Project 1-017, "Renovation and Replacement Grounds III" (synthetic turf 30 at Kempsville HS and Ocean Lakes HS) - $3,500,000; 31 • Project 1-018, "Renovation and Replacement HVAC III" - $2,986,775; 32 • Project 1-020, "Renovation and Replacement Various III" (locker 33 removal/renovation at First Colonial HS and classroom/furniture 34 replacement at various schools) - $4,250,000; 35 • Project 1-022, "Elementary School Playground Equipment 36 Replacement" - $1,000,000; 37 • Project 1-026, "Lynnhaven MS Expansion (Achievable Dream)" - 38 $1,100,000; 39 • Project 1-028, "Bettie F. Williams/Bayside 6th" (Grades 4-6) 40 Replacement - $7,500,000; 41 • Project 1-029, Bayside High School Replacement" $2,000,000; 42 • Project 1-030, "Replacement Payroll System" - $4,382,407; 43 • Project 1-031, "School Bus and Fleet Replacement" - $7,713,000; 44 45 c. $900,000 to be appropriated to the Athletics Fund 204 (startup costs for 46 lacrosse program); 47 48 d. $8,606,640 to be appropriated to the School Operating Fund 115 for: 49 • Access layer switches and points - $1,221 ,000; 50 • Interactive whiteboard replacements - $882,000; 51 • Electronic perimeter access control doors - $645,000; 52 • Data center firewall upgrade - $566,125; 53 • Instructional supplies - $151,515; 54 • Contracted services to pressure wash building exteriors and courtyards 55 - $130,000; and 56 • Maintenance and repair projects and equipment - $5,011 ,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services C' 's ice CA15680 R-2 January 26, 2022 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Boord Services Carolyn T.Rye,Chair Kimberly A.Melnyk,Vice Chair District S-Lynnhaven District 7-Princess Anne Beverly M.Anderson Sharon R.Felton Jennifer S.Franklin At-Large District 6-Beach District 2-Kempsville Dorothy M.Holtz Laura K.Hughes Victoria C.Manning At-Large At-Large At-Large Jessica L.Owens Trenace B. Riggs Carolyn D.Weems District 3-Rose Hall District 1-Centerville District 4 Bayside Aaron C.Spence,Ed.D., Superintendent Budget Resolution Regarding FY 2020/21 Reversion and Revenue Sharing Formula Reconciliation WHEREAS,on September 28,2021,the School Board was presented with a summary of the unaudited financial statements for FY 2020/21 (year-ending June 30, 2021) showing the reversion amount to the city's General fund; and WHEREAS,the amount of FY 2020/21 School Operating reversion funds available(excluding revenues over/under budget) is$14,463,778; and WHEREAS,$10,131,688 came in as additional revenue over the appropriated budget, increasing the School Operating reversion amount to$24,595,466;and WHEREAS,$401,878 reverted from the Athletics fund and $711,334 reverted from the Green Run Collegiate Charter School fund; and WHEREAS,the estimated total amount available for re-appropriation is$25,708,678; and WHEREAS,the city is currently indicating a FY 2020/21 revenue actual over budget of$29,230,144 based on the Revenue Sharing Formula; and WHEREAS,the net reversion funding available for re-appropriation is$54,938,822;and WHEREAS,the Administration recommends the following for the available funds in the amount of $54,938,822: • $11,000,000 to be re-appropriated to the School Reserve Special Revenue fund to be set-aside for use in the FY 2022/23 Capital Improvement Program • $34,432,182 to be re-appropriated to the OP fund: - Project 1-017 Renovation and Replacement Grounds III (synthetic turf at Kempsville HS and Ocean Lakes HS)-$3,500,000 - Project 1-018 Renovation and Replacement HVAC III-$2,986,775 - Project 1-020 Renovation and Replacement Various III (locker removal/renovation at First Colonial HS and classroom/furniture replacement at various schools) -$6,250,000 - Project 1-022 Elementary School Playground Equipment Replacement-$1,000,000 - Project 1-026 Lynnhaven MS Expansion(Achievable Dream)-$1,100,000 - Project 1-028 Bettie F. Williams/Bayside 6th (Grades 4-6) Replacement-$7,500,000 - Project 1-030 Replacement Payroll System-$4,382,407 - Project 1-031 School Bus and Fleet Replacement- $7,713,000 Put Students First •Seek Growth •Be Open to Change •Do Great Work Together• Value Differences 2512 George Mason Drive I PO Box 6038 1 Virginia Beach.Virginia 23456-0038 www.vbschools corn VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Budget Resolution Regarding FY 2020/21 Reversion and Revenue Sharing Formula Reconciliation (Continued) • $900,000 to be re-appropriated to the Athletics fund 204(startup costs for lacrosse program) • $8,606,640 to be re-appropriated to the School Operating fund 115 for: - Access layer switches and points-$1,221,000 - Interactive whiteboard replacements-$882,000 - Electronic perimeter access control doors-$645,000 - Data center firewall upgrade-$566,125 - Instructional supplies-$151,515 - Contracted services to pressure wash building exteriors and courtyards-$130,000 - Maintenance and repair projects and equipment-$5,011,000 NOW,THEREFORE, BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2020/21 Reversion and Revenue Sharing Formula Reconciliation funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of FY 2020/21 Reversion and Revenue Sharing Formula Reconciliation funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board,and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council,the City Manager,and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 23rd day of November 2021. ••r CV`\ yo lit. • v x; S '.iS °AL Carolyn T. Rye,Scho I Board Chai Attest•r' Re ' a M.Toneatto, Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive PO Box 6038 I Virginia Beach Virginia 23456.0038 www.vbschools corn From: Kevin M.Chatellier To: Kevin M.Chatellier Subject RE:Public Bearing and Questions from Council Date: Thursday,January 20,2022 12:34:19 PM From:Crystal M. Pate<Crystal.Pate( VBSchools.com> Sent:Thursday,January 20, 2022 12:08 PM To: Kevin M. Chatellier<KChatellCa vbgov.com> Cc: Kaitlyn E.James<KEJamesPvbgov.corn>; Regina A. Bourn-Delgado <RBournDelgadoPvbgov.com>;Charity Zellmer<charity.zellmerPvbschools.com>; Cassandra Armstrong<cassandra.armstrongt vbschools.corrt>;Aaron C. Spence <Aaron.SpencePvbschools.com>; Donald E. Robertson<Donald.RobertsonPVBSchools.con1>; Carolyn T. Rye<Carolyn.RyePVBCPSBoard.com> Subject: RE: Public Hearing and Questions from Council CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Kevin— Here is our response to your request on providing the negative impacts for the school division should the reversion ordinance be further delayed or if the request is substantially reduced. As mentioned in our presentation the items being requested are significant investments to our facilities and upgrades to technology that need to occur. The Revenue Sharing Policy Formula was agreed on by both governing bodies.The reconciliation at the end of FY2021 resulted in an unprecedented amount of additional revenue not only to the schools but,also to the City.The school division would have been expected to share in any revenue shortfalls if that were the case. The City reaped the rewards of revenues coming in over budget likely never seen before and have the ability to place these additional revenues into their reserves to use for their most pressing needs, Va. Beach City Public Schools also should be able to retain these funds for use for our most pressing needs. Over half of this reversion request is a result of City revenues coming in over budget not the under execution of the school division's budget. However,this reversion request presents the school division with an opportunity to be proactive in taking care of projects that the school division does not have the funding for but are truly needed. It is important to address issues before they become problems. The focus of the 2022/23 school division budget will be staff compensation, working to meet upcoming federal minimum wage requirements and improving our benefit package offering in a concerted effort to address the unparalleled staffing shortages the school division is experiencing. Operating projects that are not able to be completed with reversion funding due to a reduction in funding or receiving the reversion funding too late to do the work in this fiscal year, will not be included in the 2022/23 operating budget due to insufficient funding as the school division prioritizes compensation and benefits as the number one priority to address. With regards to the $45.4M for our Capital Improvement Program,the delay in receiving the reversion appropriation will cause further delay in getting the Bayside High School and Bettie F. Williams projects started;therefore,further delaying the completion of these projects. It was expressed earlier in conversation with some City Council members that it was important to dedicate funding to projects to demonstrate our commitment to get these projects started and completed on a strong timeline. Having the funding available makes this possible. In addition, if approved,the new project request for payroll system replacement allows the school division to be prepared in the future to replace a critical operating system with significant cost in the future when the application becomes obsolete and no longer supported by the vendor The new project request for school bus and fleet replacement provides funding to replace outdated yellow fleet buses and white fleet vehicles as well as related maintenance of the white fleet.There is significant costs related to this project and the school division's operating budget has been unable to support the demand for replacement of aging fleet vehicles or maintain an adequate replacement cycle over the years. Approval of reversion funding for this project puts the school division in a more advantageous position to maintain a replacement cycle that ultimately ensures safety for the students of this city who rely on public school transportation and staff who perform the operational work of the school division and use white fleet vehicles to accomplish these duties. In terms of specific impacts: 1. The$11M approved in the adopted Capital Improvement Program for use in 2022/2023, if not approved as part of the reversion request,will come out of the School Reserve Special Revenue Fund.This will basically deplete this fund which was established for contingency purposes. Unfortunately for a number of years,the School Reserve Special Revenue Fund was relied upon to balance the budget year to year. We have made great progress over the years to decrease this reliance. In the five year forecast,we indicated the plan was to phase out using this fund to balance the budget over the next 3 years. By depleting this fund now will have a negative impact on the operating budget, as we would no longer have the opportunity to phase out the reliance and would need to identify these funds elsewhere. 2. The delay in startup cost requested for the Varsity Lacrosse Program will result in the inability to implement the program in the spring of 2023 as voted on by the School Board and supported by the Virginia Beach Lacrosse community. 3. Installation of synthetic turf fields at our high schools provides several positive benefits. Synthetic turf fields require very little maintenance, and drain much faster/better.As a result, they save on long term maintenance costs and also allow continual use,even after periods of heavy rain.They also provide for use by multiple sports, including at a minimum football, soccer,field hockey and our recently approved new sport,lacrosse. Most of our older schools have much smaller sites than newer schools like Kellam HS and struggle to support the demands for field space created by all of our outdoor sport offerings,for both boys and girls at the varsity and junior varsity levels.The addition of synthetic turf fields played a role in the recent addition of lacrosse as a high school sport in VB. For context,every high school in Fairfax has at least one synthetic turf field,some even have practice fields. By next year every high school in Henrico will also have a synthetic turf stadium field. 4. With regards to the technology requests in the reversion resolution, interactive panels and computers are essential devices for instruction in our classrooms. In the current COVID environment,they have become more important than ever.Social distancing requirements force schools to get creative when making space among students. Lunchrooms,teacher workrooms and open areas have become classrooms.These converted instructional spaces need interactive panels for teachers to be most effective.Today's instructional resources come in the form of YouTube videos and online Learning Management systems.Students are not able to receive appropriate instruction without these essential tools. Currently supply chain issues are severe with many technology purchases.The availability of interactive panels for classrooms is already several weeks behind. Late approval of reversion funds creates significant risk that these devices will not be installed this year or in time for the start of next school year.The school division needs these funds approved as soon as possible so that we can compete with many other school divisions for the same limited technology so continued delay in ordering just adds to the issue of not being able to provide these much need resources to our students and teachers. S. Depending on when City Council is considering the vote on the reversion resolution (or the release of funds),the timing may negatively impact the ability of our facilities and operations staff as they work to get these and other capital projects started (if at all)and subsequently the ability to complete them by the end of this fiscal year.Typically our reversion resolution is approved in the November/early December timeframe and that allows the school division the remainder of the year to expend the re-appropriation. If for example the City Council vote is as late as May,the impact on getting these projects done and done effectively is unlikely. Supply chain issues in all of these projects is of great concern and even more so with this delay in approving the reversion request.The items listed below include required necessary maintenance just like on a personal residence. In most cases this maintenance needs to be addressed to prevent more serious issues later on. Just a few other things to note: • Current planned 10 year painting life cycle on all buildings will be disrupted if the work is not performed on schedule • Not performing ADA lock replacements results in the building not becoming ADA compliant • Ocean Lakes HS athletic locker replacement is needed to address an identified safety issue • Carpet replacement in buildings is needed since carpets at identified project sites are worn and in poor condition from years of use • Casework replacement is needed as identified projects are in poor condition and/or failing (delamination of surfaces and inoperable components) • Handball court wall replacement needed to address potential safety issue • Floor tile replacement in gym with rubber floor system needed to address safety concerns • Stage curtain replacements are needed to provide fire retardant properties required in modern fire codes. Existing curtains may not pass fire inspection We have provided details of how our CARES/ARP awards will be and need to be expended.As we currently deal with the new governor's executive order and the additional challenges that may be placed on our school division in order to keep schools open and offer face to face instruction,these grant applications may need to be amended to deal with those challenges.Our operating projects are not permitted to be charged to these federal funds. We have tried to provide City Council with a comprehensive response on why the reappropriation of reversion funds is important to address needs at the City's schools and also why a timely approval of this reversion request is important. We have already been delayed by two months.We believe we have been forthright and transparent in providing the information requested. Thank you for your consideration! Regards, Cry,sta2 M. Pates CPA, MPA Chief Financial Officer Virginia Beach City Public Schools P.O. Box 6038 2512 George Mason Drive Virginia Beach,VA 23456 PH (757) 263-1149 FX (757) 263-1173 • �u'Ei =S� 4 -= psis CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Longevity and College Incentives for the Sworn Employees of the Fire Department and Emergency Medical Services and the Employees in the Emergency Communications Division of Emergency Communications and Citizen Services and to Transfer Funds in Furtherance Thereof MEETING DATE: February 1, 2022 • Background: During its meeting on January 4, 2022, the City Council adopted an ordinance to provide education and longevity incentives to sworn staff of the Virginia Beach Sheriffs Office (VBSO). That ordinance was part of the continued effort to achieve pay parity between the VBSO and Virginia Beach Police Department (VBPD). At that time, the City Council also expressed interest in providing similar incentives to other public safety staff, including sworn staff of the Virginia Beach Fire Department (VBFD) and Virginia Beach Emergency Medical Services (VBEMS), as well as employees in the Emergency Communications Division of Emergency Communications and Citizen Services (ECCS). The college incentive pay for the VBPD and VBSO provided the following amounts of incentive, which are not cumulative: • Associate's Degree: 1.5% of base salary • Bachelor's Degree: 2.0% of base salary • Master's and higher: 2.5% of base salary In addition, the longevity incentive provides for the following amounts, which are not cumulative: • 3-5 years of service: 0.75% of base salary • 6-9 years of service: 1.0% of base salary • 10-14 years of service: 1.25% of base salary • 15-19 years of service: 1.5% of base salary • 20+ years of service: 1.75% of base salary These incentives are based on the employee's base salary and are reflected in retirement calculations. • Considerations: The attached ordinance will authorize and approve the inclusion of sworn staff of VBFD and VBEMS, as well as employees in the Emergency Communications Division of ECCS in the education and longevity incentives currently being provided to the VBPD and VBSO. The total estimated cost of these incentives is outlined below: Education Longevity Department Total Cost Incentive Incentive VBFD $378,493 $432,707 $811,200 VBEMS $61,760 $45,696 $107,456 ECCS* $20,697 $31,869 $52,566 Total S460.950 $510,272 S971 222 *Incentives for ECCS only to be provided to Emergency Communications Division(9-1-1)staff. The total estimated requirement for this request is $1,216,553, which includes $971,222 for the incentives and $245,331 for the associated taxes and fringe benefits. The funding sources is attrition savings within the General Fund. If approved, funding for this program also will be included within each department's operating budget in the FY 2022-23 Proposed Operating Budget. • Public Information: Normal Council Agenda notification process. • Recommendation: Approve the attached ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: /422 1 AN ORDINANCE TO AUTHORIZE LONGEVITY AND 2 COLLEGE INCENTIVES FOR THE SWORN 3 EMPLOYEES OF THE FIRE DEPARTMENT AND 4 EMERGENCY MEDICAL SERVICES, AND THE 5 EMPLOYEES IN THE EMERGENCY 6 COMMUNICATIONS DIVISION OF EMERGENCY 7 COMMUNICATIONS AND CITIZEN SERVICES AND 8 TO TRANSFER FUNDS IN FURTHERANCE THEREOF 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIN IA BEACH, 11 VIRGINIA, THAT: 12 13 1) Longevity and college incentives are hereby authorized for the sworn employees 14 of the Fire Department, sworn employees of Emergency Medical Services, and 15 employees in the Emergency Communications Division of Emergency 16 Communications and Citizen Services, and such incentives are to be provided in 17 similar amounts and fashioned in a similar manner to the longevity and college 18 incentive authorized for officers within the Police Department as part of the 19 adopted FY 2021-22 Operating Budget. 20 21 2) A transfer in an amount of$1,216,553 from vacancy saving in the General Fund is 22 hereby authorized in support of the longevity and college incentives set forth 23 above, to the following Departments: 24 a. $1 ,016,110 to the FY2021-22 Operating Budget of the Fire Department; 25 b. $134,599 to the FY2021-22 Operating Budget of the Department of 26 Emergency Medical Services; and 27 c. $65,844 to the FY 2021-22 Operating Budget of Emergency 28 Communications And Citizen Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Se ices Atto ey's ffice CA15683 R-1 January 19, 2022 K. PLANNING 1. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications (Deferred from January 4, 2022) RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION—DENIAL ` ir :i_ '� ,``. fr CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A RESOLUTION TO ADOPT AND AMEND INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE STORMWATER IMPACTS FOR DISCRETIONARY LAND USE APPLICATIONS MEETING DATE: February 1, 2022 (Deferred on January 4, 2022 and December 7, 2021) • Background: This item was deferred at the December 7, 2021 and January 4, 2022 City Council Hearings. In support of the Stormwater Bond Referendum (Referendum) on the November ballot, City Council passed a resolution on September 7, 2021 , that outlined specific commitments to ensure swift action following approval of the referendum question. One such commitment is the delivery to the Planning Commission and City Council an amendment to the City's Comprehensive Plan (Comp Plan) related to stormwater discharge associated with discretionary land use applications. As the citizens of Virginia Beach passed the Referendum on November 2, 2021 , an amendment to the Comp Plan was drafted and subsequently considered by the Planning Commission on November 10, 2021. The amendment affirms City Council's intention to require all rezoning applications regardless of the location within the city be required to demonstrate no impact or increase in demand on the public stormwater system as outlined in the City Council adopted resolution. • Considerations: On September 7, 2021 City Council passed a resolution which required staff to bring forward a Comprehensive Plan amendment which directs staff to recommend denial of any application for a rezoning that will impact the current or future stormwater system. Currently, the Comp Plan recommends applications within the Southern Rivers Watershed and in areas of known flooding submit a preliminary stormwater study. The proposed Comp Plan amendment would require rezoning applications (including conditional rezonings) for properties throughout all of Virginia Beach to include a preliminary stormwater study, while all other discretionary applications such as Conditional Use Permits would be exempt. While this change would seem to increase the burden on applicants, staff is proposing changes to the study submittal requirements whereby if an applicant voluntarily submits a proffer that the project will abide by all state and local regulations and commits that there will be no impacts upstream or downstream, City of Virginia Beach — Comp Plan Amendment Page 2 of 2 then a more simplistic version of the study could be submitted to ensure stormwater facilities have been sized appropriately. Contrarily, if an applicant opts out of submitting such a proffer, then the applicant would need to submit a more detailed analysis that would likely include stormwater modeling to demonstrate no impact to the stormwater infrastructure upstream and downstream for staff to consider a positive recommendation of the application. A stormwater regulation workgroup with membership of City Council liaisons, City Staff, professional consulting engineers, and representatives of the development community have been discussing a variety of stormwater issues facing the city. One such issue is the contents of a preliminary stormwater study. These requirements are noted in an internal policy document rather than codified in City ordinances or within the Comp Plan. Based on this, changes to these submittal requirements can be made quickly and do not require City Council consideration or action. There was one speaker in opposition who expressed concern that expanding the requirement for a stormwater analysis for all rezonings throughout the city, rather than generally just within the Southern Rivers Watershed, could lengthen the discretionary application process. The speaker encouraged changes include Staff having the ability to use discretion, and that the workgroup find a more balanced and less prohibitive approach. • Recommendation: On November 10, 2021 , the Planning Commission, while supportive of the concept within the Comp Plan amendment, voted 11-0 to recommend denial of the amendment as they believe that additional input from stakeholders is warranted. • Attachments: Staff Report with Comp Plan Amendment & City Council Resolution Minutes of Planning Commission Hearing Draft submittal requirements for Preliminary Stormwater Analysis Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. 0 Submitting Department/Agency: Planning Department City Manager: th‘7 1 A RESOLUTION TO ADOPT AND AMEND INTO THE 2 VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE 3 STORMWATER IMPACTS FOR DISCRETIONARY LAND 4 USE APPLICATIONS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Resolution adopted by City Council on September 7, 2021 in 10 regard to the approval/disapproval of discretionary applications for land use, was 11 passed to insure that the projects financed by the referendum passed on November 2, 12 2021 are not nullified by further discretionary land use applications; 13 14 WHEREAS, the changes required by the Resolution should be incorporated into 15 the Comprehensive Plan 2016, and are in conformity with the proposed revisions to the 16 Comprehensive Plan, attached hereto; and 17 18 WHEREAS, these changes should be adopted and incorporated as part of the 19 Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption and amendment of the changes required by the resolution dated 28 September 7, 2021 in regard to stormwater discretionary land use applications. Such 29 documents are attached hereto and made a part hereof, having been exhibited to the 30 City Council and placed on file in the Department of Planning and Community 31 Development. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of , 20_. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Ki? 0 / Planning Depa ment City Attr ey's Office CA15564/R-2/November 1, 2021 Applicant City of Virginia Beach Planning Commission Public Hearing November 10, 2021 Agenda Item )/13 Amendment to the City of Virginia Beach Comprehensive << Plan, 2016 to address stormwater impacts for Virginia Beach discretionary applications Request A Resolution to amend the Environmental Stewardship Framework of the City of Virginia Beach Comprehensive Plan, 2016,to address stormwater impacts for discretionary applications.This amendment is to be in compliance with the Resolution passed by City Council on September 7, 2021. Summary of Referred Ordinances The purpose of this amendment is to fulfill the components of the stormwater bond referendum approved by the citizens of Virginia Beach on November 2, 2021. The amendment will require rezoning and conditional rezoning applications to demonstrate no stormwater impact upstream or downstream of the proposed project or to current or planned stormwater and sc\a Icvcl risc resillcncy flood control projects included in the referendum.To show compliance with this policy, all rezoning and conditional rezoning applications will be required to provide a preliminary stormwater analysis similar to what is currently recommended for discretionary applications in the Southern Watershed. Staff envisions that the preliminary stormwater engineering analysis should include plans and calculations that demonstrate stormwater facilities have been adequately designed and sized to ensure no off-site impacts.This simplified analysis should be combined with a potential volunteered proffer stating the site plan will conform to all applicable state and local stormwater management regulation at the time of plan submittal and will not create and impact on upstream or downstream properties or stormwater systems. Alternatively, if a proffer is not volunteered, a more comprehensive stormwater analysis to include stormwater modeling will need to be completed prior to receiving favorable recommendation from staff. By having no impact on the stormwater infrastructure,the City can continue to be resilient to future storms and still allow for new development where appropriate. The amendment also removes references in the Comprehensive Plan to the "Integrated Site Design" document which was a proposal to address resiliency through required site design elements.This document was never adopted by City Council and is not a policy that can be implemented at this time. Recommendation Staff recommends approval of this Resolution to amend the Comprehensive Plan as it will protect the City's investment in stormwater infrastructure and will meet the requirements of the Resolution to support the Bond Referendum adopted by City Council on September 7, 2021. City of Virginia Beach Agenda Item 1 Page 1 Resolution 1 A RESOLUTION TO ADOPT AND AMEND INTO THE 2 VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE 3 STORMWATER IMPACTS FOR DISCRETIONARY LAND 4 USE APPLICATIONS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Resolution adopted by City Council on September 7, 2021 in 10 regard to the approval/disapproval of discretionary applications for land use, was 11 passed to insure that the projects financed by the referendum passed on November 2, 12 2021 are not nullified by further discretionary land use applications; 13 14 WHEREAS, the changes required by the Resolution should be incorporated into 15 the Comprehensive Plan 2016, and are in conformity with the proposed revisions to the 16 Comprehensive Plan, attached hereto; and 17 18 WHEREAS, these changes should be adopted and incorporated as part of the 19 Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption and amendment of the changes required by the resolution dated 28 September 7, 2021 in regard to stormwater discretionary land use applications. Such 29 documents are attached hereto and made a part hereof, having been exhibited to the 30 City Council and placed on file in the Department of Planning and Community 31 Development. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of ,20 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15564/R-2/November 1,2021 City of Virginia Beach Agenda Item 1 Page 2 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan—It's Our Future:A Choice City November20,2018 be taken to ensure consistency between the Comprehensive Plan and the Regional Hazard Mitigation Plan,especially related to strategies to mitigate recurrent flooding and sea level rise. Recommended Policies: Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Concentrate new development at higher elevations outside special flood hazard areas. • Use alternative construction techniques to minimize fill in the Floodplain Subject to Special Restrictions. • Wherever possible in the development approval process,avoid developing inside special flood hazard areas,especially in the Southern Watershed Area,which is characterized by limited relief and a minimal hydraulic gradient. Agenda for Future Action Recommendations:Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Develop a program to educate the public on the beneficial functions and values of floodplains. • Implement the findings and recommendations of the Sea Level Wise Response Strategy. • Preserve and enhance beaches and dunes along the City's Atlantic Ocean and Chesapeake Bay shorelines. • Implement the recommendations of the Regional Hazard Mitigation Plan. LAND DEVELOPMENT AND SfORMWATER MANAGEMENT Land is a precious resource,limited in amount,highly valued and often exploited,a commodity that is constantly being sold,developed,or redeveloped. As the City matures,its land inventory becomes even scarcer.Management of land in its natural state demands that we employ wise management and stewardship practices to safeguard the City's natural heritage.Similarly, developed land should be used in a sustainable manner so that its value to present and future generations is maintained or enhanced.On November 2.2021.the citizens of Virginia Beach passed a bond referendum to initiate a comprehensive financial plan to pay for the debt related to significant City-wide stormwater flood control projects.The goal of these proiects is to provide for the long-term flood mitigation needs of the City. Based on the resolution passed by City Council on September 7,2021.it is the intent of City Council to require all rezoning and conditional rezoning requests have no impact on the current and planned future stormwater infrastructure that will help protect the City from recurrent flooding and sea level rise.Similar to the current policy for the Southern Watershed.all rezoning and conditional rezoning applications muste demonstrate by providinga preliminary stormwater analysis no impact to the stormwater infrastructure upstream and downstream and this information shall be provided,amongst other planning considerations,to obtain a positive recommendation from staff. practices. Environmental Stewardship Framework/2-5 7 City of Virginia Beach Agenda Item 1 Page 3 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan-It's Ow Future:A Choke City November 20,2018 ._--� _ - _._ . • ' The City has recently drafted an Integrated Site Design Cuide as the latest in a series of initiatives intended to help developers accomplish sustainable development in the city.While this effort is designed to update the City's current L i d --u a Cuid',which 1ca6 published in 2002 and revised in 200'),it is not an attempt to IPIP --.-!, ..t.. - - i i . . ,ti,,.• ,t The Guide seeks to maintain the beneficial a.- -..• landscaping strategies that have been succezful in bRautifying Virginia peach over the last 20 years.The Cuide will be the tool box from which landscape architects and designers,civil engineers,planners, design components to meet the City site plan review requirements.The draft plan can be viewed at: http://11•ww.rb_gov.com/povr°+'mi nt/offic'ci..w/L'ociwienteiied_q 3011.pdj Environmental Stewardship Framework/2-58 City of Virginia Beach Agenda Item 1 Page 4 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City November 20,2018 local governments n c a result the City of Virgi„i.,Beach adopted„ew st.,,.,.,.....t.... agement apffeved-by-the-Dep41-14w444f-Eawireum444,44uality, Southern Watershed Subject to"Special Drainage Considerations" In addition,the Southern Watershed(see Southern Watershed map in Chapter 1,Section 1.5-Rural Area)is subject to"special drainage considerations."Drainage in the Southern Watershed is highly impacted by the presence of high ground water,poorly draining soils,and high water surface elevations in downstream receiving waters.Therefore,it is recommended that the developer of any property in the Southern Watersheds understand and evaluate these factors prior to undertaking the project and properly account for these factors in the project design.Receiving waters in the Southern Watersheds are subject to wind driven tidal influences.High ground water elevations and poorly draining soils can result in increased runoff,can limit the capacity of stormwater conveyance systems,and can counter the use of certain Best Management Practices,such as infiltration. All of these effects must be fully considered and evaluated in the analysis and design of drainage systems in the Southern Watersheds.Accordingly,it is strongly recommended that the developer has a preliminary drainage study prepared by a qualified professional engineer in advance of any request to approve a discretionary(versus by-right)development application that involves land disturbance in the Southern Watershed.The drainage study should fully and accurately evaluate the effects of the foregoing factors on the planned development and on upstream and downstream areas.The proposed drainage system for the planned development would provide positive drainage that meets City standards and does not result in flooding within the planned development or to upstream or downstream areas. Recommended Policies: Land Development and Stormwater Management • "Low Impact Development"design features should be incorporated into the City's major buildings and parking area projects and in all private development plans. • All waterfront development proposals in the Strategic Growth Areas(SGAs)should be coordinated with the City's Parks and Recreation Department for potential public water access(e.g.,canoe/kayak put in,parkland,plaza,etc..)in accordance with adopted SGA Master Plans. Management • Environmental Stewardship Framework/2.59 City of Virginia Beach Agenda Item 1 Page 5 City Council Resolution REQUESTED BY COUNCILMEMBERS MOSS AND TOWER 1 A RESOLUTION MAKING CERTAIN COMMITMENTS 2 REGARDING THE COMPREHENSIVE FLOOD MITIGATION 3 BOND REFERENDUM 4 5 WHEREAS, changing weather patterns and sea level rise as validated by National 6 Oceanic and Atmospheric Administration (NOAA 202C), the Massachusetts Institute of 7 Technology and the Sea Level Wise Adaptation Study have demonstrated that the in- 8 place drainage capacity, even in like new condition is: ';i) severely inadequate to protect 9 the city from structures being flooded on a city-wide basis: (ii) insufficient to preclude the 10 future downgrade of the City's bond rating based on economic loss of even single one- 11 hundred-year flooding event and recovery time and (iii) the path to stagnant economic 12 growth as investors pass us by: 13 14 WHEREAS, the Sea Level Wise Adaptation Study and the City's modeling of four 15 watersheds and 15 drainage basins have validated the drainage capacity required to 16 discharge the water of a one-hundred year storm event(a storm event with a 1% annual 17 exceedance probability) to prevent flooding of homes and businesses accounting for 1 5 18 feet of sea level rise and a high tide of 2.3 feet over mean average high tide of 1.8: 19 20 WHEREAS the City staff has sufficiently scoped out the engineering matenal 21 solution for a referendum quality cost estimate for eliminating the backlog in ma ntenance 22 of legacy ponds, ditches, and canals and the installation of 21 named projects on the 23 bond referendum question: 24 25 WHEREAS, at the end of the ten-year period in 2032 eight percent of the City will 26 qualify for preferred FEMA flocd insurance risk due to completion of the twenty-one 27 named projects in the bond referendum question and elimination of the backlog in the 28 maintenance of the City's legacy ditches, canals. and ponds: 29 30 WHEREAS. at the ten-year build out, Phase Two will commence to achieve 31 Virginia Beach high and dry in 2045: 32 33 WHEREAS, meeting the existential threat of flooding will improve the quality of life 34 for residents, and a competitive advantage for a growing economy will be sustained: and 35 36 WHEREAS, the City Council previously directed the City Manager to create a 37 dedicated webpage on the City's website that includes each of the Phase 1 projects and 38 the progress - by dollar amount spent and by milestone achieved - toward completion of 39 such projects and to provide quarterly reports to the City Council providing updates 40 regarding the execution of the projects if the referendum question is answered in the 41 affirmative; 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA. THAT: City of Virginia Beach Agenda Item 1 Page 6 City Council Resolution 45 46 The City Council urges the residents to carefully consider the issue of flood 47 mitigation and plan to vote in November To assist in the residents' deliberations, the City 48 Council makes the following commitments which with the exception of #4, will be 49 deliverer within three weeks if the residents approve the referendum question in 50 November: 51 52 1. The City Council will adopt a comprehensive financial plan to pay for the 53 authorized $567,500,J00 of general obligation debt, which will include the 54 following: 55 a. The authorized debt to be repaid by a real estate tax increase of 4.3 56 cents for twenty-year debt based on an average annual increase of three 57 percent in the City's taxable real estate based on the 1 July 2021 land 58 book. 59 b. The financial plan shall create a single appropriation unit into which all 60 bond proceeds are deposited and a single appropriation unit into which 61 all revenue derived from the increase in real estate taxes are deposited. 62 Such fund shall provide all deposit and withdrawal information with 63 sufficient granularity for oversight by the City Council and the Citizen 64 Oversight Board. 65 c. In furtherance of the long-term flood mitigation needs of the City, the 66 general obligation bonding capacity created by the retirement of the debt 67 authorized by the November 2021 referendum shall be reserved 68 exclusively for the issuance of bonds to finance Phase 2 of the City's 69 flood mitigation program and subsequent sea level rise projects. 70 71 2. The establishment of a Citizen Oversight Board composed of seven members 72 that shall have access to all financial, contract documents, acceptance and 73 deliverable testing and certifications documentation and shall receive a 74 monthly briefing from the City Manager, Quality Assurance Officer, and the 75 Contractor's program manager and quality assurance officer and shall give a 76 public brief to the City Council every two months on the twenty-one named 77 projects in the bond referendum question and the elimination of the backlog in 78 the maintenance of the City's legacy ditches canals, and ponds. 79 80 3. An amendment to the City's Comprehensive Land Use Plan that will 81 recommend denial for any project or development that generates a net increase 82 in water discharge demand in any watershed or in any drainage system in 83 watershed over the capacity of net of margin to meet the modeled discharge 84 baseline of the drainage system at build-out, and further requiring the Planning 85 Department to recommend denial of any submission that does not conform to 86 the former. 87 88 4 The City Manager is to develop and present to the City Council an acquisition 89 strategy that seeks to streamline and expedite design and construction of the 90 twenty-one flood mitigation projects, 'ncludinc using a single prime contractor, City of Virginia Beach Agenda Item 1 Page 7 City Council Resolution 91 watershed bundling, and project bundling The City Manager is to also acquire 92 a separate contractor bonded to conduct quality assurance and recommend 93 deliverable acceptance 94 95 5 The City Attorney shall prepare an ordinance that freezes the Stormwater 96 management fee through 2028. 97 98 BE IT FURTHER RESOLVED, THAT: 99 100 The City Council is in agreement that the following reflects the course of action to 101 be pursued if the November referendum is answered in the negative. 102 103 1 . The City will prioritize funding to eliminate the backlog in the maintenance of 104 ponds, ditches, and canals and sustaining the required maintenance cycles: 105 2. The City will continue the planned increases in the Stormwater management fee 106 and issuance of revenue bonds for stormwater projects, such fees to be increased 107 as necessary to support the authorized projects and additional bond costs 108 associating with revenue bonds; 109 3. While flood risk remains, the Phase 1 projects will be pursued over the following 110 forty years. and the perils and risks associated with this timeline incluce severe 111 weather events, increased flood insurance premiums. companies locating and 112 relocating elsewhere. potential reduction in the City's bond rating, and horse 113 va ues adjusted to reflect the cost of flood insurance; 114 4 The work associated with the Phase 1 projects will increase over time as cost of 115 construction increases. and the borrowing costs may not be as favorable as today; 116 and 117 5. Rainfall events will cont nue to happen during the longer forty-year delivery 118 schedule for the Phase 1 projects with the probable outcome of flooding to homes 119 and businesses. Adopted by the Council o the City of Virginia Beach, Virginia, on the aay of 2021 APPROVED AS TO LEGAL SUFFICIENCY: 5)7.' City-Al{prhey's Office CA 15526 R-3 September 1 2021 City of Virginia Beach Agenda Item 1 Page 8 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 1 City of Virginia Beach, a Resolution to amend the City of Virginia Beach Comprehensive Plan 2016 to address the citywide stormwater impacts for discretionary land use applications. RECOMMENDED FOR DENIAL — HEARD Madam Clerk: Thank you, Mr. Chair. Our first agenda item is agenda item number one, City of Virginia Beach, a resolution to amend the City of Virginia Beach Comprehensive Plan 2016 to address city-wide stormwater impacts for discretionary land use applications. David Weiner: Welcome. Ms. Bookholt: Thank you. Good afternoon, Commissioners. I'm Carrie Bookholt. I'm the Development Services Center Administrator, and I'm here to bring forward a proposed amendment to the Comprehensive Plan, which is necessary to fulfil the components of the recently passed City Council Resolution and Bond Referendum. On September 7th, City Council passed a Resolution that stated should the Bond Referendum pass, the Comprehensive Plan would be revised or amended within three weeks to include language that would essentially require projects that come before you for a discretionary request, not create an impact or increase demand in the stormwater system. Our staff report proposes the language that we would like to amend the Comprehensive Plan, and it states that based on the Resolution by City Council, all rezonings and conditional rezonings should demonstrate no impact on current or future in stormwater infrastructure, and must provide a stormwater analysis, demonstrating this has no impact as part of their Planning Commission application process. The amendment also removes any reference to the Integrated Site Design Guide which is a policy document that was not adopted by City Council and is not in place at this time. The Planning Department and Public Works Department have been hosting a series of storm water workshops with a focus group to include CVBIA, which was the former TBA group, consulting engineers, developers, and two City Council liaisons. And this amendment was discussed at length in those meetings, it was decided that the amendment would only apply to rezonings or conditional rezonings. The City Council staff liaisons were comfortable and staff was comfortable that should a proffer be volunteered for a conditional rezoning project, that a less intense storm water design, preliminary design, could be submitted through our office before receiving a positive recommendation. So with that, we had to act quite quickly. The resolution that was passed in September, only gave us three weeks to get this before you and to City Council, should the bond referendum pass and it did. So even with us being on the agenda for December 7th for City Council, we're a week behind, but we had to act quickly. We did propose, I do want to reiterate, we sent our proposed language to our stakeholder group, including CVBIA. We received one minor comment back. We amended the proposed language to include their comment. And then we received reassurance that they were on board with the proposed language that we presented in our staff report today. Any questions? 1 David Weiner: Mr. Redmond? Dave Redmond: Who gave you that reassurance? I have to tell you I've heard quite otherwise. Ms. Bookholt: So, Claudia Cotton is the representative that we've been communicating with, as the representative for CVBIA. Dave Redmond: Okay, well, just so you know, I got a telephone call right after our informal meeting saying, meant to call you earlier about this, but we were very uncomfortable with the speed at which this is moving and feel like this process has been somewhat disingenuous. There are folks who are part of that stakeholder group, that you describe, that don't feel that this has been entirely proper and that it is moving too fast and that they were surprised by the language that I think we were surprised by. So I don't mean to criticize you, but I think the suggestion that everything is copacetic with regard to, that the stakeholder group, which I don't know, other than the person who called me, I don't know anybody who was on it. Nobody from the Planning Commission, I understand, was on it. I think, I have been told something quite different than that and this very morning. So, that gives me great pause and I'm sure that City Council will be hearing comments to that effect. So, certainly is going to, well, we're going to get into this discussion here shortly, but I just wanted to put that on the record. It's not comfortable for me to do it, but that's what I'm hearing and people reaching out to me saying just that. Ms. Bookholt: Understood. Dave Redmond: Thank you, Mr. Chairman. David Weiner: Yes, ma'am? Madam Clerk: We have one speaker... David Weiner: Yes, ma'am. Okay. Anybody with the comments? Dee Oliver: No, I mean, other than, and I guess I can wait for close, but just to reiterate what I had stated earlier this morning, just so that we do have it on the record, so to speak. And again, appreciate all your time and effort presenting all of this and your work on it. But the stakeholder meetings that I think and correct me if I'm mistaken, that you'd said that were weekly for about a month, it's unfortunate that the Planning Commission had not been included in those for something that's getting ready to be put into the Comprehensive Plan, which is something that we haven't seen in three years. Not to mention that along with that, there's a Resolution that was put forth and I'm not quite sure, I haven't been briefed, or I don't know who on the Commission has in more, in-depth of where that resolution that came from one of our council members, I believe it was Mr. Moss. How that speaks to this. And are they still two separate or have they been in integrated because the wording in that was completely different than the wording in this. So, I stand along with Commissioner Redmond on that, that it gives me great pause because I have been in many other board meetings with the same stakeholders and those same people have not expressed thumbs up on this, by any stretch of imagination. So I 2 would like more time to be briefed on this, so that we have a better understanding of where we are. Because this is extremely important, as we all know going forward. Ms. Bookholt: And I should clarify that, when I say that we had consensus, it wasn't, as it relates to the Resolution. The Resolution with the language that was included was done at City Council level on September 7th. So the consensus that we achieved last week, via email, as we were passing the language back and forth was the language that's proposed for the Comprehensive Plan. So they're very, well maybe some folks that aren't on board with the Resolution language, but that has already been passed. Dee Oliver: Right. And so it's just a little not, I'd like to see it a little more straightforward. I'd like to see everything, basically, is when it comes down to it. But again, I appreciate all your effort and hard work. David Weiner: So I have a question. So the language in that we have here compared to the language that was in the Resolution, put that together for us? Ms. Bookholt: So the language in the Resolution was written a little bit looser. And so we met with the Council liaisons. We met with Councilman Moss to talk about what that would look like in practice. And in practice, we discussed applying a preliminary storm water analysis requirement to conditional rezonings, or rezonings only, instead of all discretionary applications, since it's those two types of applications that could change the land cover characteristics the most. And it was through those discussions as well, that they agreed that they would be open to a less intense preliminary analysis. And essentially just reiterating that we would not be creating any impact or any demand, that if the City is going to spend half a billion dollars on flood protection projects, that we don't want to rezone out that capacity of the system. David Weiner: And I got another question. Why did it have to be... Not putting you on the spot or anything, but why did it have to be three weeks? There was a reason why it had to be three weeks after the referendum question? Ms. Bookholt: That I do not know. That's how it was written in the City Council's Resolution. I'm not sure if the attorney has any other... Ms. Wilson: I have no insight. David Weiner: No. Okay. And I'm just curious... Ms. Bookholt: That's how it came down to us. David Weiner: As Mr. Redmond said earlier today, I mean, that's like three seconds or whatever, however you put it. It's crazy to me it's quick. Okay. All right. Just that's good. Yeah, we have one speaker. Michael A. Inman: I got plenty to say. 3 Madam Clerk: Eddie Bourdon David Weiner: Welcome, Mr. Bourdon. Eddie Bourdon: Thank you, Mr. Chairman. For the record, Eddie Bourdon, Virginia Beach attorney, land attorney, been practicing in Virginia Beach for 37 years. First of all, I was at the City Council meeting when this Resolution was adopted, but there was no opportunity for anybody to discuss. And frankly, couldn't be more ecstatic and proud of our City for having approved the referendum 70% plus. And I frankly don't think anybody at that point who cares about the future of the Virginia Beach was going to stand up and start asking questions about what they were doing. So, but this is a different circumstance. This is a deliberative body that is here for the purpose of the Comprehensive Plan. I didn't know anything about these meetings every Friday, either. I obviously know they didn't include anybody on the Planning Commission and, some of this, I'm not opposed to it, but I'm definitely concerned about, there hasn't been enough deliberation and enough input from people who might have a little bit of, and I'm not suggesting that Councilman Moss or Councilman Jones don't, but this has been half baked. The northern part of the City, which is what this applies to, is 95% developed. And there's hardly any zoning up there that's agriculture. And so the idea that we're going to have, well, and let me back up before I get into that, rezonings. Not conditional rezonings, rezonings. No one's done an analysis of the rezonings that have come forward in the last five or 10 years, because I can assure you that there have been almost none and those that have come, they're typically down zonings of already developed properties. So, but I don't understand why we put rezonings in there because if you're going to, to create, I think, Carrie used the word drastically, or even significantly increase impervious surface with a rezoning, I don't think there's been any of those. Now with a conditional rezoning, that's conceivable. Certainly is a case in the southern part of the city, middle part of the city. But I don't think there's been a lot of, I mean any analysis of what the impact of this, basically a moratorium on rezonings might be. And I certainly, I'm not opposed to the idea, although we have to do this anyway. I mean, the site plans got to be done anyway. So you're basically telling somebody who might have a very... And let me back up, Hackers today. And there's another one that recent, oh, Pembroke Mall. They don't have to worry about this because they're reducing their impervious surface by 10%. And that takes it out, you don't have to worry about that. If that came along today, I don't know that that's covered in here, maybe it is. I'm not sure that it is, but they don't have to comply because they're reducing by 10% their impervious surface. So, and you got all these other people who can add on to stuff that's already zoned and they have to do the same thing, go through of the site plan and still comply. So it's like, we're adding an extra layer of handcuffing or because you got to come in and if you want to rezone your property and you don't want to spend thousands of dollars before you can even get here, you have to say, well, we will meet the requirements. Well the word no, is important, no impact. Well, these models are not meant for going in the weeds to that point. And I went on today's agenda, it's taken us a year and a half. And I'll explain that when we get to Atlantic Development, we don't get any credit for saving 89 acres of tree forested land. No, no, at all. And we can't have one 100th of an inch, which isn't even measurable, leave the property. Okay. So no, and if there's not at least the tiniest amount of discretion on the part of our professional staff, we are basically saying we're not open for business and that's what I'm concerned about. And I think there's some ways that this can be, at least, come across as being less prohibitive and more balanced. 4 David Weiner: Does anybody have any questions for Mr. Bourdon? Any questions? Eddie Bourdon: Thank you. David Weiner: Thank you, sir. Appreciate it. Well, I guess we can just close this and get right into it with us. We'll close it and start comments. Who's going first? Mr. Inman. Michael Inman: Well, as I said, in the informal session, we are taking this on, with virtually no notice. This is the Comprehensive Plan amendment. This is a big deal, but we all know that. The intent of what is going on in this Comprehensive Plan amendment is good. I mean, we all are, we're very aware of the storm management issue. We all want City of Virginia Beach to be open for business. It's getting a reputation of not being open for business, part because of our storm water management implementation. So, it's really important to get this right. And here we've had no invitation to, as a body, to participate in all these deliberations that have taken place. No idea that they were going on, even through a public, we weren't advised that we could even go attend. A Resolution was passed in September by City Council to move forward with this Comprehensive Plan amendment, as I'm understanding it. But not until the referendum passed, if it passed, which thankfully it did. Okay. So then we got three weeks. Who thought of that? I don't know. I mean, it's in the operation of a municipality, the size of Virginia Beach. Making a storm water decision in three weeks seems preposterous to me. I know we're in a hurry. I know it's important. So, we didn't know about the Resolution. We got the language late last week in our package to study and without any real background and the intent is good, but the devil is in the details, we all know that. It's a legal document, it's a Comprehensive Plan. So I can't imagine how we could... I would not be able to vote in favor of it today. David Weiner: Mr. Redmond? Dave Redmond: Well, a little bit different from what Mike said. The thing that I struggle with here is I think you're exactly right. And I hate to have to say it, but this City is getting a reputation for not being open for a business, in a lot of different ways. And that I think is probably a conversation where you need to have it. I know we are having it at some levels, but we need to have a bigger one. And this is part of it. But the notion that there is a process for amending the Comprehensive Plan. Now I get that City Council calls the shots around here. No disputing that, right? This is their prerogative, I understand that. The City Council can certainly amend their three week deadline for figuring this out. As I said this morning in the informal session, we're not going to spend 568 million bucks in the next three weeks. All of these projects have an enormous amount of engineering to be done, before they get underway still. And so I just don't understand the rush involved in that. And just today, somebody who was supposedly involved in these discussions, they feel like it has been all together too rushed. So I'm not offended that the Planning Commission isn't involved in a panel or a discussion or something like that. I certainly think that probably would've been preferable, but I mean you don't want to include us. I'm not going to feel like I didn't get invited to prom or something, but I still think like Mike does, that this really could have been done a lot better. And if you've got them with a Comprehensive Plan, there's a process to do that, that's much more deliberative than this. This is the bums rush, trying to do something much more quickly than it needs to be done. And stuff doesn't get done right that way. And so that's my concern about it as well. So, I 5 think, I would, in Mike's camp as I often am, but I'm in Mike's camp, that I'm not comfortable supporting this today. If you only got two choices, yes and no. I'm a no, for those reasons. So it doesn't make sense, Ms. Wilson, and I respect her too. Ms. Wilson says it doesn't make sense to defer it, in which case we got one or two choices. And I'm just not able, frankly, with those concerns to be able to support it. Thank you. David Weiner: Mr. Graham? Whitney Graham: I agree with my fellow Planning Commissioners. I, too, will not support this. I just feel like it was too rushed. I hear all the time that from other developers that feel that City of Virginia Beach is difficult to do business in. The storm water models, it takes forever. You do model after model after model, it's very expensive. It's not just submitting a storm water model. There's back and forth, back and forth, back and forth. And it's expensive. And I'm concerned that it's going to really shut down any redevelopment in the city. I just don't think it was well thought out. And I feel like it's too rushed and I will not support this. David Weiner: Ms. Bradley? David Bradley: I got a question for Ms. Bookholt, if it's okay. David Weiner: Sure. She doesn't mind coming back up, do you? David Bradley: So just, obviously, 70 plus percent of the voters approved it. So, this is an important issue to our citizens. And I was talking to you a little bit after the informal. So, in the southern part of the city, this process already exists. In the northern part of the city, this is where this would be implemented. But as the previous speaker said, there's probably not much opportunity because it's already fully developed. And I guess, maybe my question is, when you get to site development review, is anything changing because of this? Because that's where I think the rubber really hits the road on implementation of these things. Ms. Bookholt: Right. The same type of analysis is still required at a site plan level. The type of analysis is not going to change. The only thing that would change is that for projects, if you came across a property where there was capacity in our existing storm water system, which is rare to find, in that case, you would not be able to increase the flooding levels. So, the same process is still going to exist. The only thing that would change is that you would have to hold to that same exact... David Bradley: Meaning, you have to be able to show that you have no impact on storm water for your individual... Ms. Bookholt: From your individual project. You haven't increased the demand leaving into our public system from your project. So that'll be required. Yes. David Bradley: Thank you. 6 David Weiner: Wait here. I don't think personally, we don't really have a... There's a little bit of an issue of how the process is, but I think more than anything, we're just trying to rush this through and we've never rushed anything through before on a Comprehensive Plan, because this is something we take our time and look at and vette and talk to people and things like that. But one question I wanted to ask you, last speaker said about the 10% pervious and they didn't have to worry... What do they... When it's 10%, they're taking away 10% of pervious parking, what does that do? Ms. Bookholt: So, that they can satisfy certain storm water requirements by reducing their impervious cover. And even if projects moving forward, if this were to, if the Comprehensive Plan is to be amended, if you reduce the impervious cover on your site, your analysis is much less complicated, and you can satisfy your storm water requirements by providing a reduction in impervious cover. David Weiner: Okay. So that didn't change at all? Ms. Bookholt: No. David Weiner: Okay. Just want to make sure. Ms. Bookholt: Yes. David Weiner: Any other questions for? Okay. Thank you, ma'am. Ms. Bookholt: Thank you. David Weiner: Any other questions or concerns or talk? So, I'm torn, I'm really upset of the fact that we're rushing this through, but the Ordinance already been passed by Council. It's some stuff we already do anyway. I don't think that's the issue. I just don't like the part that it's rushing through. I don't like that. And I think we need to sit back and look on it. So, I'm not going to support it either. So anybody wants to make a motion. Somebody? Michael Inman: I'll make a motion. David Weiner: Okay. Make a motion. Michael Inman: I make a motion that we turn down the Resolution to amend the Comprehensive Plan on item number one. David Weiner: Right. You have a motion. Have a second? Whitney Graham: I'll second. David Weiner: Right. We have a motion by Mr. Inman, a second by Mr. Graham. 7 Madam Clerk: Okay. The motion is to deny. Vote is open. By recorded vote of 11 in favor and zero against, agenda item number one has been denied, recommended for denial. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 8 City of Virginia Beach Planning & Community'NB Preliminary Stormwater Analysis Development Requirements Development Services Center, DSC@vb¢ov.com. (757)385-4621 Overview:The guidance below is to be utilized if Preliminary Stormwater Engineering Analysis(PSW Analysis) is submitted in conjunction with a discretionary land use application to be heard before Planning Commission and City Council. The receipt of the PSW Analysis by city engineering staff is necessary so staff can review and understand the potential impacts of the project on the stormwater system and neighboring properties and include those findings in the staff reports to Planning Commission and City Council. When the PSW Analysis submittal is made,the review is completed by the DSC Civil/Stormwater Engineering team, with an expected review time of three(3)weeks. Any unresolved issues are communicated to the applicant and the design engineer. When the project moves forward to Planning Commission,the staff report will include a narrative regarding the viability of the project from a stormwater design perspective. Submittal Requirements: • Stormwater Management Narrative to include a description of the existing drainage patterns and the proposed stormwater design. • Proposed Preliminary Site Plan including: 1. Layout depicting all proposed improvements(buildings, parking, retaining walls, etc.) 2. Stormwater management facilities(SWMF),outfall (or connection to existing public drainage system), proposed public storm sewer system (when applicable) 3. Average existing elevations and proposed elevations of the lots,dwellings, and streets 4. Proposed estimated height and volume of fill needed for the project(if applicable) • Supporting Information including: 1. Soil analysis—Soil borings to determine potential groundwater impacts are recommended, but not required. At a minimum, provide NRCS soil classification information. 2. Existing and proposed drainage area maps 3. Time of concentration and land cover calculations 4. Water quality calculations(if needed);VRRM spreadsheet • Water Quantity Analysis using one of the following two options for design: Option 1 allows for a less detailed preliminary design and may be utilized if a proffer or condition is volunteered by the applicant that states the site plan will conform to all applicable state and local stormwater management regulation at the time of plan submittal and will not create and impact on upstream or downstream properties or stormwater systems. 1. Demonstrate a reduction in the peak flow rate at the point of analysis from the pre-development to post- development condition based on the following: a.Designer may use any design that utilizes the 24-hour design storm. b.Staff will provide a variable tailwater from the City's master drainage study to be used as the starting point for each analysis. c.Include analysis of 2-year, 10-year,and 100-year storm events. Preliminary Stormwater Analysis Requirements—November 2021 Page 2 of 2 Option 2 requires a more detailed analysis so staff can verify no impact to upstream and downstream properties and to the public stormwater system if a proffer or condition is not volunteered by applicant or if reduction in peak flow rate can not be achieved. 2. Demonstrate requirements for channel protection,flood protection,design storm,and check storm are met a.Calculations only need to account for BMP routing and outfall to point of analysis b. If using a City Master Drainage Study submodel as basis of design,the following is also required: i. Copy of the original provided model files ii. Copy of the modified existing condition model files iii. Copy of the proposed condition model files iv. List of all changes made to the model files,with explanation for each v. Drainage area maps to include 3 flow paths for each subcatchment to determine flow width vi. Table to summarize peak HGL comparison at each node impacted by the project Preliminary Stormwater Analysis Requirements—November 2021 Page 2 of 2 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=efe99e2fe546c34ae7e945 10db97f4c9f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 1, 2022. l CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/18/2022 PAGE: 1 B E AGENDA ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I 0 C A DNC O M O O L O C N Y L ONOUWS T HCEEME S S EOE I H R YBS S ERNN CITY MANAGER'S BRIEFINGS ADD LEGISLATIVE UPDATE Debra Bran ON A. FY2021-22 INTERIM FINANCIAL UPDATE RESCHEDULED B. SALE OF 205 4'"STREET&400 ATLANTIC Taylor V.Adams, AVENUE Deputy City Manager C. STORMWATER REGULATORY UPDATE RESCHEDULED II-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y AY A-E F. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y YYY Y A Y January 4,2022 G. MAYOR'S PRESENTATION 60'"ANNIVERSARY AWARDS Ambler Hatchett Alice Pace Wilson H. PUBLIC HEARING 1. AMENDMENTS TO THE VIRGINIA BEACH 15 SPEAKERS PUBLIC SCHOOLS FY 2021-22 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM Appropriate$54,938,822 in FY 2020-21 School Operating Reversion Funding and Establish Capital Projects#1-030:Replacement Payroll System and#1-031:School Bus&Fleet Replacement J.1. Ordinance to AMEND: DEFERRED TO 10-0 Y Y Y Y Y YYY Y AY FEBRUARY 1, a. Section 1.3 and 1-30 of the Stormwater 2022,BY Management Ordinance (Appendix D) re CONSENT Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances (Deferred from November 9,2021) J.2. Resolution to DIRECT the City Attorney to file a ADOPTED,BY 10-0 Y Y Y Y Y YYY Y A Y Petition for a Writ of Special Election re Office CONSENT of Council Member in District I (Formerly District 2—Kempsville) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/18/2022 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A DNC O M O O L O C N Y L ONOUWS T HCEEME S S E OE I H R YBS S ERNN J.3. Resolution to DIRECT the City Attorney to END the Appeal in the Holloway, et al. v. City of Virginia Beach, et al. litigation (Requested by Council Member Rouse) SUBSTITUTE MOTION to CONTINUE the SUBSTITUTE 6-4 N Y Y Y y YYNN A N Appeal MOTION ADOPTED J.4. Ordinance to TRANSFER $60,000 from the ADOPTED 10-0 Y Y Y Y Y YYYY A Y General Fund City Council Emergent Needs Reserve to the FY 2021-22 Communications Office Operating Budget for Public Outreach re the City's election system and new districts (Requested by Council Member Rouse) J.5. Resolution to AUTHORIZE and DIRECT the ADOPTED,BY 10-0 Y Y Y Y Y YYY Y A Y City Manager to EXECUTE a Project CONSENT Participation Agreement between the City of Virginia Beach and the Southside Network Authority J.6. Ordinances to ACCEPT and APPROPRIATE: a. $300,000 from the Landmark Foundation to the ADOPTED,BY 10-0 Y Y Y Y Y YYY Y A Y FY 2021-22 Public Health Operating Budget and CONSENT AUTHORIZE grant-supported positions re Baby Care Program b. $547,358 from the Virginia Department ofJustice ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y to the FY 2021-22 Commonwealth Attorney's CONSENT Operating Budget and AUTHORIZE 25%in-kind Grant Match by the Commonwealth Attorney's and one (1) grant-funded full-time position in Human Services re drug treatment court K.1. HUNT CLUB CONDOMINIUM APPROVED,AS 9-1 Y Y Y Y Y YNY Y A Y ASSOCIATION, INC. for a Modification of MODIFIED Conditions re increase the number of multi- family dwellings by eleven (11) at 120 Loflin Way DISTRICT 1 (Formerly District 2 — Kempsville) K.2. PRINCESS ANNE VILLAGE,LLC/SUSAN APPROVED AS 10-0 Y Y Y Y Y YYY Y A Y KELLAM, DAVID E. KELLAM PROFFERED REVOCABLE TRUST,KELLAM&EATON, INC., SISTERS II, LLC, CHARLES F. BURROUGHS III & CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business, AG-1 & AG-2 Agricultural Districts to Conditional PD-H2 Planned Unit Development (R-10 Residential District)&Conditional B-2 Community Business Districts)re development of 73 residential lots with up to 89 dwellings and one commercial parcel at 2369,2373,2375,2381,2385 Princess Anne Road, 2393, 2401, 2413 North Landing Road&parcel between 2393 North Landing Road, 2385 Princess Anne Road DISTRICT 2 (Formerly District 7—Princess Anne) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/18/2022 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I 0 C ' A DNC OMOOL O CN Y L ON OUW S T HCEEME S S EOE 1 HR YBS S ERNN K.3. JAMES D. WHITE REVOCABLE LIVING APPROVED/ 7-3 Y Y Y Y Y YNNN A Y TRUST for a Conditional Use Permit re short CONDITIONED term rental at 407 18'"Street,Unit A DISTRICT 6(Formerly District 6—Beach) K.4. 2508 PACIFIC AVENUE, LLC for a APPROVED/ 10-0 Y Y Y Y Y YYY Y A Y Conditional Use Permit re short term rentals at CONDITIONED, 2510, 2514, 2518, 2522, 2526 & 2530 Pacific BY CONSENT Avenue DISTRICT 6 (Formerly District 6 — Beach) K.S. ORP VENTURES,LLC for a Conditional Use APPROVED/ 10-0 Y Y Y Y Y YYYY A Y Permit re short term rental at 603 20'h Street CONDITIONED, DISTRICT 6(Formerly District 6—Beach) BY CONSENT K.6. ORP VENTURES,LLC for a Conditional Use APPROVED/ 10-0 Y Y Y Y Y YYY Y A Y Permit re short term rentals at: CONDITIONED, BY CONSENT 410 19th Street 412 19th Street a. Unit 101 Unit 101 b. Unit 102 Unit 102 c. Unit 103 Unit 201 d. Unit 201 Unit 202 e. Unit 202 DISTRICT 6(Formerly District 6—Beach) L. APPOINTMENTS RESCHEDULED B Y CON SENS U S 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD COMMUNITY ORGANIZATION GRANT (COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/18/2022 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A DNC OMOOL O C N Y L ONOUWS T HCEEME S S E O E I H R Y B S S ERNN COMMUNITY POLICY AND Reappointed: 10-0 Y Y Y Y Y YYY Y A Y MANAGEMENT TEAM Suzanne Baldwind- Representing Private Child/ Family Provider Deidra Bolden- Representing Human Services Designee Amanda Caton- Representing Health Department Angela Hick- Representing Community Services Board Roni Myers- Daub- Representing VBCPS Olymphia Perkins- Representing Juvenile Court Services 2 Year Term 2/1/2022- 1/31/2024 M/N/ ADJOURNMENT 8:49 PM 0