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)
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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)
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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
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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.)
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Chapter 8—Stormwater Management
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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.
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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.
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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.
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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
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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
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43. Chapter 8—Stormwater Management
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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).
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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.
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Chapter 8-Stormwater Management
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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
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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
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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.
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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
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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
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Chapter 8—Stormwater Management
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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
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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.
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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).
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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
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Chapter 8—Stormwater Management
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1. Topographical surveys that include contours and elevations,
City of Virginia Beach—Public Works Design Standards
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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
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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
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` 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.
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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
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Chapter 8—Stormwater Management
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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.
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June 2020
4. Compliance with the SWMO is required no matter what design method is used
City of Virginia Beach—Public Works Design Standards
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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
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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
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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 .:,._ . :
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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
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• 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
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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
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uChapter 8-Stormwater Management
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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.
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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
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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
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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
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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.
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3.) Chapter 8—Stormwater Management
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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
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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
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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
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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
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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
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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-
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Chapter 8—Stormwater Management
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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.
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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
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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
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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
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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
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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
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Location and Site Layouts-GPINs 2417-65-3527, 2417-65-2620
Exhibit A—Judeo Christian Outreach Center
1049&1053 Virginia Beach Boulevard
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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
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R-1
January 11, 2022
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AREA 1,554 S.F. AND w
EX. INV. IN=8.72(SW) 0.035 AC. z
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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
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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
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SHOJI WHRE O¢ E• SHEET CG700. SHOJI WHITE
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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
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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
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CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT
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^'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
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EX. INV. IN=8.73(SW) O EX. STORM MH NOTES: 0
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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
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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
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0 Lic. No. 032234
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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 #
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MANUFACTURER'S SPEC DETERRENT,OR APPROVED
EQUAL
34
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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
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•. air Lie. No. 032234
1 6/30/2021i
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, 16"FOUNDATION DRAIN EX INV. OUT=8.67
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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�
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INST.#202100000016
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�,� . PROPERTY/ - PROPERTY/ i J. MILTON BU HEY
RIGHT-OF-WAY LINE RIGHT-OF-WAY LINE N Lie. No. 032234
'It 6/30/2021
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Lic. No. 032234
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Lic. No. 032234
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IRRIGATION_SCHEDULE `��� 9/15/2021i
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0 0 0 Hunter MP3000 PROS-04 6 IRRIGATION NOTES
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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.
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0 Hunter VIR-CUC 1 10. 120V. TO CONTROLLER AND COPPER STUB, BY OTHER THAN IRRIGATION CONTRACTOR.
P Point of Connection 1' 1
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Irrigation Lateral lime:PVC Chas 200 SCR 21 1. 596.2 Lt.
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— — — — 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
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SHEET 11
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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
•
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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
`
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,``. 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