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HomeMy WebLinkAboutFEBUARY 1, 2022 FORMAL SESSION MINUTES �V- fC�'� cu _ • �F OUR NA �^ VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 1, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday, February 1, 2022, at 3:30 P.M. Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb,John D.Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones Aaron R. Rouse—Arrived at 3:45 P.M. 2 CITY COUNCIL'S BRIEFING GENERAL ASSEMBLY LEGISLATIVE UPDATE ITEM#72448 3:30 P.M. Mayor Dyer welcomed Debra M. Bryan, Legislative Affairs Liaison. Mrs. Bryan expressed her appreciation to City Council for their continued support: General Assembly Legislative Update Oyu ee,! „aye..^ 04 t - au.Na,..' Debra M. Bryan,Legislative Affairs Liaison February 1,2022 Here is Current Bill Status: Current Bill Stats Passed Passed Cont'd to Type Introduced House Senate Passed Next Session Failed Pending Approved Vetoed House Bill 1363 43 0 0 8 53 1302 0 0 House Joint 177 95 75 73 0 0 104 0 0 Resolution Hours 18 14 0 14 0 0 4 0 0 Resolution Senate Bill 774 0 121 0 8 94 672 0 0 Senate Joint 86 42 51 42 8 1 35 0 0 Resolution Senate 16 0 11 9 0 0 7 0 0 Resolution Totals 2434 194 258 138 24 148 2124 0 0 City Managor,Off ro 1 February 1.2022I legislative Updats 2 February 1, 2022 3 CITY COUNCIL'S BRIEFING GENERAL ASSEMBLY LEGISLATIVE UPDATE ITEM#72448 (Continued) Mrs. Bryan provided updates on several pieces of legislation below: Updates on Legislation • SB 214 McPike— FOIA; Engrossed 1/31, passed by for today on Senate floor • SB 274 DeSteph —Charter Amendment BOE, passed Senate • HB 1346 Bulova —Trees during development, on 2/3 docket • SB 363 Stuart and SB 512 Suetterlein — PBI in Committee today • SB 602 DeSteph —Withdrawn by patron Aiiiii City Manager's Office I February 1,20221 Legislative Update 3 The next two (2)slides provide Bills Needing Council Direction: Bills Needing Council Direction BILL# PATRON SHORT TITLE POSITION STATUS/NOTES HB 635 Carr Inclusiorery housug,zoning (Moss)REF GCT SG#2 HB 1088 Leftwich Planning,subdivision of lend',tuning (Plennmg)Amendments being worked on HB 1249 Davis Food donetions;labeling;liability (Henley)REF to ACNR-2/2 @ 4 pm HB 1293 Bennett-Prkr Food donations;labeling,liability (Henley)REF to ACNR-2/2 @ 4 pm(likely to be combined) SB 666 Peterson Eminent domain;lost access,lost prnfrts ... (City Attorney)amended rn suboom,abll bed SB 694 Obensholn Eminent domain (City Attorney)amended in subcom;still bed HB 7 Ware TOT;supporting documentation - REF FIN(may be withdrawn,pending outcome of HB518) SB 634 Deeds TOT,supporting documentation - REF FA(may be withdrawn,pending outcome of SB553) SB 553 Marsden accommodations Intermediary- .- _ REF FA(CoR Assn is working on language) HB 518 Heed/ 'accommodations intermediary' .. REF FIN SC#2—1/31 SC recommends reporting McNamara w/amendment City Manager's Office I February 1.2022)Legislative Update 4 41111 February 1, 2022 4 CITY COUNCIL'S BRIEFING GENERAL ASSEMBLY LEGISLATIVE UPDATE ITEM#72448 (Continued) Bills Needing Council Direction BILL# PATRON SHORT TITLE POSITION STATUS/NOTES HB 354 Tata Va Military Community Infra Grant REF to GL SC#1.$10 mil in Goys budge' SB 315 Spruill Va Military Community Infra.Grant REF to FA;610 mil in Gov budget(comparison bill) HB 297 McNamara Suspension of tax on gas/diesel to 7/11/23 REF to FIN[Not enough info available for Council decision] HB 1059 Cordate Suspension of tax on gas/diesel to 7/11/23 REF to FIN[Not enough info available for Council decision] HB 1144 Weber( Lowers gas tax for 1 yr:7/1/22 to 7/1/23 - REF to FIN[Not enough info available for Council decision] SB 541 Peake Lowers gas tax for 1 yr.7/1/22 to 7/1/23 REF to FA[Not enough info available for Council decision] HB 90 McNamara Sales tax;exemption for food,hygiene REF to FIN SC#3[Not enough info available for Council decision] SB 380 McDougle Sales tax,exemption for food.hygiene REF to FA[Not enough info available for Council decision] SB 571 Newman Sales Inc.exemption for food,hygiene .. REF to FA[Not enough info available for Council decision] SB 609 DeSteph Sales tax;exemption for food,hygiene REF to FA[Not enough info available for Council decision] HB 1031 Doors Elections;local offices;school board REF to PE[ref article in Princess Anne Independent] SB 373 Deeds Emergency custody orders REF to EH-2/1 @ 4 pm in Health SC -City Manager's Office I February 1,2022[Legislative Update Mayor Dyer expressed his appreciation to Mrs. Bryan for the presentation. February 1, 2022 5 CITY COUNCIL LIAISON REPORTS ITEM#72449 4:04 P.M. Council Member Moss advised he recently attended the Military Economic Development Advisory Committee (MEDAC) meeting where there was a lengthy discussion on the National Defense Bill (NDB) and it's operating under a Continuing Resolution(CR)which freezes funding for new programs or contracts and could impact the Army Corps of Engineers from working on the City's beach issues. Council Member Moss advised there is a chance the CR could be extended for one(1)year. Council Member Moss further advised there is a Department of Defense (DoD)funded program that will pay active duty members for six(6) months to work in the civilian sector. Council Member Moss advised representatives will be coming to speak to the City's Human Resources leadership to explore opportunities. February 1, 2022 6 CITY COUNCIL LIAISON REPORTS ITEM#72450 . (Continued) Council Member Moss advised the Virginia Beach Community Development Corporation (VBCDC) has maintained a 96%occupancy rate and are performing well. Council Member Moss advised the leadership will be sharing their strategy on how to build more affordable housing. Council Member Moss recommended VBCDC leadership request a briefing from City staff on available land the City has that could potentially be used in conjunction with their strategy. February 1, 2022 7 CITY COUNCIL LIAISON REPORTS ITEM#72451 (Continued) Council Member Tower advised the Resort Area Mobility Planning group (RAMP) has been working over that past year to improve parking as well as, vehicular and pedestrian traffic in the Resort Area. There will be a virtual meeting on Thursday, February 3rd at 6:00 P.M, the link to access the meeting can be found on the RAMP web site, anyone interested can attend. The presenters will explain the planning process and key recommendations followed with a poll to gain feedback on this important issue. February 1, 2022 8 CITY COUNCIL LIAISON REPORTS ITEM#72452 (Continued) Mayor Dyer advised he attended the Hampton Roads Military and Federal Facilities Alliance (HRMFFA) meeting where they discussed the difficulties surrounding Naval bases are having with payingfor electricity and utilities, as well as, deteriorating barracks, road conditions and aircraft facilities. Mayor Dyer is hopeful wind energy and the joint land use initiative being reviewed by the Development Authority to allow the City access to 1,100 acres owned by the military will provide relief February 1, 2022 9 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72453 4:11 P.M. Council Member Holcomb advised he would like to explore the opportunity to allow sledding at Mount Trashmore, adding with the recent snowfall, he has received several requests. Council Member Holcomb advised he is aware this is not a new request and reflected on his duties in the 1990's to guard Mount Trashmore. Council Member Holcomb requested the City Manager look into a way to allow sledding that may be safe and fun. Vice Mayor Wilson advised there are already personnel at Mount Trashmore keeping people out so the resources are already there that could be utilized to allow safe sledding. Council Member Wooten requested to have the history on why sledding is not allowed. February 1, 2022 10 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72454 (Continued) Council Member Henley referenced the West Neck Creek Land Use Study and Master Plan completed in 1990, and advised it is a great example of green infrastructure at its best by showing how to preserve a natural area which could be applied to the plans for the Bow Creek /Windsor Woods project. Council Member Henley advised it is fascinating the West Neck Creek area has been preserved for thirty(30)years. Council Member Henley advised she would like to form a working group with stakeholders who have an interest in this area to work together and learn from it. Council Member Henley advised this area is a "crown jewel" the City owns and believes a working group could learn from this area and potentially expand it. February 1, 2022 11 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72455 (Continued) Council Member Moss referenced the Mortenson Construction Cost Index(MCCI), used to calculate large projects, and explained how the MCCI has changed 18%between the P'and 3'd quarters in 2021. Council Member Moss advised the main drivers causing the change is cement, steel, transportation and labor and believes the baseline of the City's Capital Improvement Projects(CIPs) is understated. February 1, 2022 12 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72456 (Continued) Council Member Moss asked what the barrier is preventing the City from showing the different types of data collected to provide visualization tools for the public to see. Council Member Moss believes having visualization tools would help citizens better understand flood control and traffic improvement projects if the public can see what the City is working to achieve. February 1, 2022 13 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72457 (Continued) Council Member Henley advised the first Community Conversation meeting held on January 26`h had great participation. Council Member Henley expressed her appreciation to staff who facilitated the meeting and added two (2) more Community Conversation meetings are scheduled to be held before the next City Council Retreat. February 1, 2022 14 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72458 (Continued) Council Member Tower advised there is concern for those coming to the Resort Area entering from 1-264 traveling at a high rate of speed. Council Member Tower advised there are safety concerns that could be corrected with traffic improvements and has asked the City Manager to look at alternatives to slow traffic down. February 1, 2022 15 AGENDA REVIEW SESSION ITEM#72459 4:22 P.M. BY CONSENSUS, the following shall compose the Legislative 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 Storm water 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 36`h 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 February 1, 2022 16 AGENDA REVIEW SESSION ITEM#72459 (Continued) J. ORDINANCES/RESOLUTIONS: ITEM#2a WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY FOR ITEM#7 February 1, 2022 17 AGENDA REVIEW SESSION ITEM#72459 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: 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) K. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#1 February 1, 2022 18 ITEM#72460 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 5—(Formerly Beach District) • Princess Anne District PROSPECTIVE BUSINESS OR INDUSTRY:Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business'or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-3711(A)(5) PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees February 1, 2022 19 ITEM#72460 (Continued) Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 4:39 P.M. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones Break 4:39 P.M. — 4:50 P.M. Closed Session 4:50 P.M. — 5:55 P.M. February 1, 2022 20 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL FEBRUARY 1, 2022 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, February 1, 2022, at 6:00 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones INVOCATION: Mayor Dyer PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. February 1, 2022 21 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identO any matters in which she might have an actual or potential conflict. If, during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. February 1, 2022 22 ITEM— VLE CERTIFICATION ITEM#72461 Upon motion by Council Member Moss, seconded by Council Member Wooten, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 S-4;0Ir E l °F OAR M�t104S RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#72460 on Page 19 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. anda Ba e C City Clerk February 1, 2022 23 ITEM— VI.F.1 MINUTES ITEM#72462 Upon motion by Council Member Moss, seconded by Council Member Wooten, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 18,2022 Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Abstaining: Vice Mayor Rosemary Wilson Council Members Absent: Louis R.Jones February 1, 2022 24 ITEM— VLG.1 PUBLIC COMMENT ITEM#72463 Mayor Dyer DECLARED a PUBLIC COMMENT: LEGISLATIVE REQUEST TO ADD AMENDMENT OF THE MARRIAGE PROVISION OF THE CONSTITUTION OF VIRGINL4 (Requested by Council Member Berlucchi) The following registered to speak: Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, did not respond James Nicholson, 3961 Rainbow Drive, Phone: 917-0798, spoke in SUPPORT Virginia Jenkot, 4482 Ocean View Avenue, Phone: 408-6636, spoke in SUPPORT Michelle Lauter, 537 Aragona Boulevard, Phone: 513-0334, spoke in SUPPORT Junico Rodriguez, 409 Bridgeview Court, Phone: 917-346-3388, spoke in SUPPORT There being no additional speakers,Mayor Dyer CLOSED the PUBLIC COMMENT February 1, 2022 25 ITEM— VLH.1 PUBLIC HEARING ITEM#72464 Mayor Dyer DECLARED a PUBLIC HEARING: EXCHANGE OF EXCESS CITY PROPERTY 2393 North Landing Road to Princess Anne Village,LLC (Approximately 43,140 sq.ft. of City-owned property) There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING February 1, 2022 26 ADD ON ORDINANCE ITEM#72465 Upon motion by Council Member Tower, seconded by Council Member Moss, City Council ADDED, "Ordinance to CONFIRM the Declaration of a Local Emergency re Winter Storm Kenan"as Item VI.J.8. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 27 ITEM— VLI FORMAL SESSION AGENDA ITEM#72466 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three (3)minutes on each item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514—Did not respond Upon motion by Vice Mayor Wilson,seconded by Council Member Branch, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions J: 1, 2b/c, 3, 4, 5, 7 and 8 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones J. ORDINANCES/RESOLUTIONS: ITEM#2a WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY FOR ITEM#7 K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#1 Immediately following the vote for the Consent Agenda, Beverly K. Wilson, Deputy City Attorney, approached the dais and advised the Body that an amended version of Ordinances J.2b and J.2c were distributed at each Council Member's seat just prior to the beginning of the Formal Session. Ms. Wilson advised the amendments to both Ordinances contained scrivener error corrections and did not change the content. City Attorney Stiles recommended City Council vote separately on the amended versions of Ordinances J.2b and J.2c. February 1, 2022 28 ITEM— VLI FORMAL SESSION AGENDA ITEM#72466 (Continued) Upon motion by Council Member Branch, seconded by Council Member Tower, City Council ADOPTED, AS AMENDED, Ordinances to AMEND(Deferred from January 18, 2022): J.2b 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 J.2c 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 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb,John D. Moss, Aaron R. Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 29 ITEM— VLJ.1 ORDINANCES/RESOLUTIONS ITEM#72467 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, 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 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 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 1st day 57 of February , 2022. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Public Works/Real Estate City orn 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 'o- (For Information Purposes Only.This Does Not Constitute a Subdivision of the Properties.) • ''% .. GPIN: 1494-92-7384 (Approx. 33,052 sq. ft.) . 2 Portion of GPIN: 2403-29-3752 (Approx. 10,088 sq. ft.) • 4y, I Portion of GPIN: 2404-01-2707 (Approx. 43,849 sq. ft.) Excess Property= r= and (To be conveyed to Buyer) Exchange Parcel= 0 (To be conveyed to City) 30 ITEM— VLJ.2a ORDINANCES/RESOLUTIONS ITEM#72468 The following registered to speak: Brad Martin, 2305 Bayville Road, Phone: 574-5454, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Claudia Cotton, 2117 Smith Avenue, Chesapeake, Phone: 472-0345, spoke in SUPPORT Mark Ricketts, 2305 Waterpump Circle, Phone: 718-2166, spoke in SUPPORT Upon motion by Council Member Moss, seconded by Council Member Tower, City Council ADOPTED Resolution to AMEND(Deferred from January 18, 2022): a. Chapter 8-Stormwater Management of the Public Works Design Standards Manual re bring into compliance Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 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 1 s t day of February , 2022. APPROVED PS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Works City Attorney's Office CA15677/R-1/January 19, 2022 ; Chapter 8—Stormwater Management •• _. June2020 8.0 8.Stormwater Management 81 General 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. Lew-elevations make many areas of the City vulnerable-to flooding. High tidal elevations can further decrease the elevational difference available for effective drainage and in some cases can makerravity-drainage completely ineffective. High groundwater tables, often located just below the land surface, can result in the rapid—saturation- of soils during rainfall events leading to increased runoff. High groundwater tables can also affect normal water surface elevations, 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 systemsw 11 — Debased on the standards stated and referenced herein. 2- - -Calculate the Hydraulic-Grade Line (HGL) for all components of all conveyance and routed-systems, utilizing the appropriate beginning tailwater elevation (tidal water body, impoundment, or other major water-body) in adequacy of the designed drainage system. (The determination of the HGL is considered a basic engineering practice in drainage system of the drainage system from the site to the point of adequacy and to the upstream ends of all systems draining to thee 3 on the performance of the drainage system. 4----- Provide for the convcyancc-f upstream and other offsite areas-without causing flooding of upstream areas. 5 - Demonstrate the adequacy ands-eababitittes-of the system, especially the system's ability to not cause flooding downstream (This is a basic hydraulic requirement of all drainage designs, apart and distinct from any federal, state, or local regulatory -requirement drainage systems.) 6 Result in-es flooding of those areas servedlby-thedesigneddrainages„ City of Virginia Beach—Public Works Design Standards 8- 1 0.... Chapter 8-Stormwater Management June 2020 --- Determine the HGL, groundwater hydrology, flood-history potential, drainage patterns, and water quality treatment measures associated with the pre development pre developed systems; and mitigate proposed conditions to the extent that they arc equal to or better than pre developed conditions (i.e. lc c erosion, less flooding, minimal The-above and other drainage system design requirements are more fully covered throughout Chapter8 and in the referenced documents. 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 f (https://www.swbmp.vwrrc.vt.ed u) Virginia Stormwater Management Handbook(VSMH),website (https://.den, eviPro.rams Water!StormwaterMananementi., blications a (https:// swbmp.vwrrc.vt.ed u/references-tools/201 3-d raft-handbook/) The designer shall become intimately 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 Beach shall also be designed in accordance with all applicable city, state, and federa{ codleo laws erdi„a„new n,d lationo el ,ding the-City ef-Virg-i Beach Stormwater Mana•ement Ordinance SWMO . The City is directly regulated-by numerous federal and state stormwater management (SWM) and surface water quality regulations.4 order is 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-a the fullest-emit. 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 Chapter 8—Stormwater Management June2020 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 be hydraulically designed in accordance with Chapters 3 through 9 and 12 of the VDOT DM, cept as amended in these Design Standards. VDOT DM forms are required with all design SWM Design will be required to be performed using the Stormwater Managcmcnt Models (SWMM) created with the City Stormwater Management Master Plan with the following (2) exceptions: 1 Any project with land disturbance lee's than 20,000 square feet; or, 2------- impervious area is at least 10% leaf than the existing Both exceptions will be required-te perform their SWM design using computer modeling that uses a 2, 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-Fs- retained-en- the surface-+rr-micro depressions, ditches, and other terrain irregularities where water is allowed to collect and pond. 4 Drainage Area_- A land area, water area, or both from which all runoff flows to a dewcommon point (proposed project or site entry point, project or site-eutfall-, 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 1c.,�If s Chapter 8—Stormwater Management June 2020 3. waterway crosing, channel, ditch, swale, spillway, weir, point of adequacy.-af point of analysis), as required. Drainage System- Includes all those components, manmade and natural, that convey and/or store stormwater runoff or other surface flows. 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). 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. 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). g Impoundment (Reference: VSMH)- A collection or storage of water, such as a pond, reservoir, pit, dugout, sump etc. 4 Lake (Reference: VSMH)-A water-filled basin with a restricted outlet or no outlet; includes reservoirs and tidal ponds. 14 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. 12.11, _ 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 fs,„.„7, F. Chapter 8—Stormwater Management June 2020 Point of Adequacy (Reference: VDOT DM, see "adequate channel") A point in the downstream receiving stormwater conveyance system where convey the design storm discharge under proposed (post development) conditions to a moody. 1412,_ 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. 1-614 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. 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. 4-16. Storm Sewer System (Reference: VDOT DM)-A drainage system (pre-developed and/or proposed) consisting of a series of at least two interconnecting pipes and two structures (drop inlets, manholes, junction boxes, etc.), initially designed to intercept and convey stormwater runoff from a specific storm event without surcharge. A storm sewer system is one of several different types of manmade conveyance systems and is used interchangeably with the term"storm drain." 1-8,17. Stormwater Management Facility (Reference: SWMO)- A control measure that controls stormwater runoff and changes the characteristics of the runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow. Hereafter this will be referred to as SWMF/BMP. (This term includes stormwater management facilities, post-construction best management practices, stormwater treatment measures, and stormwater control measures. SWMFs/BMPs include, but are not limited to, grass channels, swales, rainwater harvesting systems, permeable pavement, infiltration systems, bioretention systems, filtering practices, constructed wetlands, wet ponds, detention ponds, and manufactured storage and/or treatment devices.) City of Virginia Beach—Public Works Design Standards 8-6 M%;,.ay Z Chapter 8—Stormwater Management ',Z,..,,. June 2020 8.3 Design Requirements Applicable To All Drainage System Components The proses,for a typical projectdrainagcdesign is shown below: PROCESS FLOWCHART Drainage Design Overview \Obtain Project Design Concept 1• , e Determine Design and Legal Requirements N (VB PWDS,VDOT DM SWMO VSMP Regulation,VESCH.VA SWM BMP Clearinghouse Design Specifications Flood Plain Ordinance.Other Applicable Codes, Laws Ordinances and Regulations) , • Evaluate Existing Drainage Conditions(Section 8 3 F. VDOT DM,VSMH)S. J ♦ pi • Preliminary Design of Alternative Drainage Systems Meets Design No Requirements ��` Revise/Refine - and Project • Goals? • • Final Design of Drainage Systems: VB PW DS VDOT DM e 5, VESCH Submit Design for Review, +^ Revise Until Approved Virginia Stormwater BMP Clearinghouse • VSMH SWMO VSMP Regulation Flood Plain Ordinance Other Applicable Codes Laws,Ordinances and Regulations • , Positive surface drainage and positive stormwater conveyance systems shall be provided for all projects. See Section 3.7 Streets and Alleys and Chapters 7 and 9 of the VDOT DM for minimum longitudinal slope requirements. City of Virginia Beach—Public Works Design Standards 8 -7 Chapter 8—Stormwater Management June 2020 A. Design Storms — Minimum Frequency Criteria The following design storms are required (based on drainage area contributing to each project site outfall or disturbed area of the project): Table VIII-1 Design Storm Frequency Design Storm Contributing Drainage Area(Acres) Frequency t 300 10 year 38A---500 25 year ?-500 50 year For each drainage area (contributing to a project or 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). year design storm (See Section 8.3.D.5 Check storm requirements for oll projects). A flow chart for design storm frequency selection is shown on the next page. City of Virginia Beach—Public Works Design Standards 8-8 Chapter 8—Stormwater Management June 2020 Figure V111_7 Design Storm Frequency Selection 1�9'p7ti^ gT7--QC'�T7't'Tf'GGr'G�'GTf' � v v�v v� v�■ Design Frequency Selection Drainage Area<300 Yes ►I 10-Year Acres? I` No \D.A.2 300 yes Acres and< 25-Year 500 Acres No Drainage Area 2500 Yes if 50-Year Acres I • `Critical Infrastructure It 100-Year Projects Check Storm(All D.A.Sizes) 100-Year ` ' J 1-year,2-year Erosion Control 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 storm frequencies, such as a 1-year, 2-year, or 25-year storm for channel protection or erosion control. City of Virginia Beach—Public Works Design Standards 8 -9 } Chapter 8—Stormwater Management June 2020 Deign B. Storm Depth-Duration and Rainfall Distribution Criteria Design stermStorni 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-1-2 Design Rainfall Depths for City of Virginia Beach (Inches) Design Storm NOAA Atlas 14 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 8.16 9.79 100-YR 9.45 11.34 Note: NOAA Atlas 14 precipitation depths do not vary significantly across the—C+ty- (generally<0.1"difference). The NOAA 14 rainfall values shown above are based on latitude 36.8201 degrees. longitude 76.0756 degrees 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.CA=. Methodologies for Stormwater Conveyance System Design and Section 8.5.t - Methodologies for Design of SWMFs/BMPs). PC-SWMM1 files containing approved rainfall distribution data are available from the Public Works Stormwater Engineering Center. C. Sea Level Rise/ Recurrent Flooding Analyses a comprehensive plan-ration-ef sea level rice (SLR) of 1.5 to 3.0 feet over the next 50 years (The Sea Level Rise Study). These values arc consistent recommendations described in the report submitted to the Virginia Virginia Science in-January 2013-entitled-"Recurrent Flooding Study- for Tidewater Virginia." As described in that report, recurrent flooding in the Tidewater region continues to increase in both frequency-and-seventy-and SLR of more than one (1) foot over-the past 80 years. Sea level rise currently projected-1e continue at a similar-or--increasingfate City of Virginia Beach—Public Works Design Standards 8 -10 Chapter 8—Stormwater Management June 2020 As sea levels increases in water levels. This-is particularly significant for the design of storm drainage systems which discharge to tidal waters. The adequacy of tailwater computations required for 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 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 -clotormi-nation of the-HGL is -a practice and-isa requirement to check the adequacy of the drainage system. It is apart VSMP Regulation or any other federal, state,- local-regulatory-requirement. The calculation of the HGL is necessary to determine: 1 The elevations along the system to which the water surface-will-rise when the system is operating under design conditions,-and 2. Whether those water surface elevations- arc acceptable--per these design Standards. For storm sewer-system design, the HGL aids- the designer -i44- determining the acceptability--of the proposed system by establishing elevations-tow loll ter rise City of Virginia Beach—Public Works Design Standards 8 -10 Chapter 8—Stormwater Management June 2020 the drainage structures (inlets, manholes, etc.) when the system is operating under the required design storm frequency and tailwater elevation (See Chapter 8 of the VDOT OM'-The step-backwater method (HEC-RAS or WSPRO) is used to compute the HGL (called "water surface profile" in the VDOT DM) in a waterway reach. This calculation is used to evaluate the unrestricted water surface elevations for bridge hydraulic design or to analyze and design channels with gradually varied flow (See Chapters 7 and 12 of the VDOT DM). City of Virginia Beach—Public Works Design Standards 8 -10 ,ry: k •-•;•A ,)•j Chapter 8-Stormwater Management June 2020 The HGL calculations shall begin at the pointlimits of adequacyanalysis 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 sia-tlimits of adequacyanalysis shall be as determined using these Design Standards. Th^ water s urfade ^f r aters (+-e tailwater) affects the hydraulic conveyance-et in•thhe southern ..ate,, ofte„ last ma da du„ ,,. . store events. Stacked tides flow of water out of those river basins. Similarly, impoundments hold stormwater for many days after a major storm event. Tributaries to tidal waters and impoundments also storm events. A tailwater ^ starting water surface elevation is required fe. HGL analysis and design of drainage-systerneepen-dhan-nets,-su-Ivects,-impsurid-mentslakes, and SWMFs/BMPs. To address the combination of rain and receiving water 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 0.8 times the system discharge pipc diameter (or height for non circular conduits) plu the-ststem-d-iseharge-piperwh-ienever--slevatien-is-h-igher. b. The required design storm frequency for a project shall be determined from Table VIII-21 Design Storm Frequency for Determiping 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 professional shall analyze both joint probability pairs for the required design storm frequency-te determine which pair produces the more critical(higher)HGL within the storm conveyance system. The more critical (higher) tailwater elevation resulting from the- above design storm/tide fre. e nl hall h d-to- the elevation determined by multiplying 0.8 times the system discharge pipc diameter plus the invert elevation of the system discharge pipe. The higher of the two elevations (invert elevation plus 0.8D or Table VIII 2) shall be selected as.the controllingf„lwater far the drainages ,stem City of Virginia Beach-Public Works Design Standards 8-11 Chapter 8—Stormwater Management June 2020 Table I-2 C�g�e-Area ' + Bed f 300 Accoc 10 yoar 26 yoar � 500 Aeres 50-year 1-80 year Etc.. Consult with tho City Dopartmont of Emorgoncy Managomont to- Table VIII-3 Design Storm/Tide Joint Probability Pairs for Determining Controlling Tailwater Elevation fide Rain Tide Rain10 Tide Rain 50- Tide 100- Rain 1-0- 1 YR 25 YR 1-YR 502-YR 4-2-YR 480 3- 1 YR 1 YR_ 10 YR 2 YR 2510- 2 25-YR 50-YR a 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 lowest frequency rainfall and the highest frequency 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 of Virginia Beach st-+dytitled"Joint Occurrence and Probabilities of Tidesan4Rainfall,"dated- October 2017(CIP 7 030, PWCN 15 0014, Work Orders 2 and 5A)for study--isavailable-from the Stormwate•Engineering- Center). d. When the project discharge point is not directly adjacent to a major water body, as defined herein, the designer shall determine the HGL between the project discharge point and the major water body to provide an accurate tailwater control for design purposes. The HGL analysis shall City of Virginia Beach—Public Works Design Standards 8 -12 L rr ;1 Chapter 8—Stormwater Management June 2020 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 using the Rational Method which discharge into existing impoundments, lakes, SWMFs/BMPs, and non- tidal waterways,the designer shall use the higher value of: 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 V111-21 Design Storm Frequency :fc: D T-1'^ater Eley do;) 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 pointlimits of adeguayanalysis (See Sections &.4 8.4 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. 3-- 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 Scwcr Systems Analyzed or Designed Using the Rational Method Draining-to-Proposed Stormwater Retention Facilities Designed Using the (Drainage Area (Contributing to-Each Site Outfall) Equal To or Less Than Two(2)Acres): Set the starting at-SWMFs/BMPs-the higher v-alue-o City of Virginia Beach—Public Works Design Standards 8-13 '-- Chapter 8—Stormwater Management June 2020 3. Tailwater Criteria for Projects with new (increased) impervious area less than 20.000 square feet a. When design methodology outlined in sections 8.4.A.2.a and 8.5.A.2.a are used. Designer has the option to use 0.8 times the pipe diameter plus the invert of the system discharge pipe,- as the starting tailwater for HGL calculations in all storm events. City of Virginia Beach—Public Works Design Standards 8-14 • 5. . ; Chapter 8—Stormwater Management June 2020 er la---- The water surface elevation at the-peak rise of the stormwater retention pouting. 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{ ay beis available upon request from the Stormwater Engineering Center 6, Check storm requirements for ai+public 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.D.1 Tel/water Criteria for Projects graining-to Tidally lased Waters -Section &D2- influence), or Non Tidal Waterways) for flooding of buildings and streets; Within the projectlimits, -Upstream or up pipe to the upper limits of each watershed that iii. Downstream or down pipe of the project limits to the downstream point of adequacy. 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. b. The use of SWMM dual links is encouraged model results. If building flooding occurs or streets are not pa-sable (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. E- - The lowest floor (as defined in the current Floodplain Ordinance) of a newly constructed building or manufactured home shall be set to the higher of the following: i The minimum distance above the base flood elevation established in the ice-- The same distance above the highest 100 year design storm City of Virginia Beach—Public Works Design Standards 8-15 Chapter 8-Stormwater Management ei 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 Projects Draining to Impoundments, Lakes, SWMFs/BMPc--(with-FIG-tidal influence), or Non Tidal Waterways). Sound engineering judgment and practices shall be used when developing-4#e downstream tailwater elevations. The designer shall always take into consideration-the City of Virginia Beach-Public Works Design Standards 8 -16 Chapter 8—Stormwater Management "- `f June 2020 for—private -blic-Works Engineering Center discuss- 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 F,G. Upstream and Downstream Drainage Analyses This section provides guidelines for consideration of upstream and downstream stormwater runoff and downstream improvements and easements associated with all development and redevelopment in the City of Virginia Beach. Drainage systems shall be of adequate design for the type of proposed improvements and must sufficiently handle the existing and projected contributing upstream stormwater runoff. There must be no detrimental impacts, such as on-site flooding of buildings and City of Virginia Beach—Public Works Design Standards 8 -17 - J Chapter 8—Stormwater Management ""' June 2020 streets and an increase in the frequency or level of off-site flooding of upstream or downstream properties, public right-of-ways,or drainage systems. The Nee„ner shall , rately demonstrate w,+h cal, la+ens--ah-d-documentation that the project will create drainage, erosion, flooding, groundwater, or water quality conditions that are equal to or better than the pre developed condition (less minimal change to the groundwater hydrology, no decrease in baseflow rate or seasonal high ter n ality treatment) The cite anN pstream and downstream channels, culverts, storm sewers, and SWMFs/BMPs shall be analyzed for the ^ e-de„elepment and pest de„elopment condition anrd designed in accordance with these Design Standards and the documents referenced in Section 8.1. Prc developed and proposed (post developed) discharge rates, velocities, volume, and location and timing of hydrographic peaks shall be determined for all required design Minimum Frequency Criteria). For example, a pre developed farm may have ditches, depressions in fields, and ponds that store stormwater. The depressions in fields can act as large shallow ponds and can significantly attenuate the pre developed runoff rate. If these pre developed f atures arc ignored--iwthe design of--a--development- project on the site, downstream erosion and flooding beyond what the designer anticipated may occur. checked using HGL analysis for -and streets within the project limits, analysis must use the 100 year design storm to the downstream point of adequacy, incorporating the tailwater criteria stated 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 for Projects Draining to Tidally Influenced Waters or Section 8.3.D.2 Tailwater Criteria for Projects Draining to Impoundments, Lakes, SWMFs/BMPs (with no tidal influence), or Non Tidal Waterways),whichever 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 pointlimits of adequacyanalysis, using freeboard heights and headwater depths stipulated herein and in the referenced documents. ne design stormin 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 bytop of bank of a channel during a design storm. 1-rb. HGL exceeds the downstream system or type of facility (Critical or non critical, See Section 8.3.A Design Storms Minimum Frequency Criteria). too 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 rim-ef structures or top of bank of open -create a new area of flooding. City of Virginia Beach—Public Works Design Standards 8-18 Chapter 8—Stormwater Management June 2020 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 (4O 25, 50, or 100 per Section 8 4)—in all receiving channels and water bodies In conformance with Army Corps of Engineers standards, 'increase in HGL shall be defined as any design that calculates 0.05' or greater increase in HGL (per ACOE EM 1110-2-1607 Appendix B). City of Virginia Beach—Public Works Design Standards 8-19 ......., Chapter 8-Stormwater Management ,- -�-` June 2020 3-- All requirements of the Floodplain Ordinance, SWMO, VDOT DM, and applicable statean- federal cedes awe nd r 1lations shall be me+ 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 volume) exceed the capacity of the pre developed (existing) receiving channel, then downstream a major water body(See Definitions)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-Jay-: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 pu-licexistinq 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 be-dedicated_#t_+he Cit„ of Vir„in Beach along the entire a -system downstream-te theclosest of the following: 4--- 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 these Design Standards. If a or b, abeve,-is ea erty then +�—public drake-easemeh ue +ght-ef-way-er-public easement, or a--major-water body (See Definitions). These requirements apply to all projects, even if the project stermwater out€alt-ie-held back to existing (pre development) conditions, because emergency spillway flows and other system overflows are -required-to be conveyed through are easement er right-of-way. The designer must submit proof of the downstream channel adequacy-to the City. Minimally, -the- designer shall Management Plan +ha+ conformance-with- the .-SWMO.- Information-that--is-- required- #e- supplement--the downstream adequacy analysis includes, but is not limited to: City of Virginia Beach-Public Works Design Standards 8-20 1Chapter 8—Stormwater Management June 2020 1. Topographical surveys that include contours and elevations, City of Virginia Beach—Public Works Design Standards 8-21 , t I '�" �; Chapter 8—Stormwater Management �` June 2020 2. Location and size of vegetation growth within the existing ditch including trees; 3. Photographs, r Cha;n l calculations t„at include reasonable channel lining coefficient, 5. Drainage and erosion control calculations for the pre development and post development 2 year 2'1 hour and 10 year 24 hour design flows, 6-- Pre development 7. A location map. the-sarae-mothod-of-analysis:- 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 meet with Planning/ Develop t c Gi----- Evaluation of Existing (Pre developed) The existing (pre developed) drainage provide a comparison against the proposed drainage condition. The pre developed drainage patterns, drainage systems, SWMFs/BMPs, groundwater hydrology (baseflow rate must be evaluated on site, adjacent to the project site, and upstream and downstream of the project site for the following reasons: 1. To providea detailed nderstandin of-these-features 2. To coordinate proposed improvements with adjacent existing f atures 3-- To minimize the erosion and flood impact from the proposed drainage improvements /1. To facilitate -a--detailed comparison between the- pre developed -drainage condition and the proposed (post developed)drainage condition The system evaluation shall include: 4----- documentation 2. Documentation recommended by these Design Standards-and-the documents referenced in Section 8.1. 3- 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 in Sestien 8,1, City of Virginia Beach—Public Works Design Standards 8-22 tt • 1 }' t Chapter 8—Stormwater Management 1`� June 2020 H. Projects Adjacent to or Discharging onto Property in Other Cities When there is potential for stormwater runoff to discharge into adjacent Cities or onto property in other Cities, the designer must consult with the agencies of that City and the property owner to determine any additional requirements. 8.4 Stormwater Conveyance System Design Requirements This section provides design requirements that are applicable to all conveyance systems (storm sewers, culverts, channels, ditches, swales, etc.). The VDOT DM is the primary reference for conveyance system design. Because SWMF/BMP design requirements are predominantly dictated by the SWMO and BMP Clearinghouse, SWMF/BMP design requirements are presented in Section 8.5 SWMF/BMP Design Requirements, separate from stormwater conveyance system design requirements. The design of complex conveyance systems, such as bridges, restored streams, rivers, stormwater pumping stations, or drainage systems in coastal zones, requires additional analysis. The use of applicable design standards and specifications are recommended.-The-Dcsigncr-is advised-to--meet-with Planning/ Development Services Center Staff for complex private City prejects1e disc so4hedesign approach n A Section section. In addition to the minimum freeboard requirement of VDOT DM Chaptcr 7 #e headwater depth criteria of VDOT DM Chapter 8 Culverts. B,_ _____Design.—Ste-n _ Rainfall Distributions Systems Except for the design of stormwater conveyance systems (storm sewers, culverts, channels, ditches, and swales) serving lees than 20 acres, where use of the Rational Method is permissible, design storm rainfall distributions shall-lae-based on the City modified NOAA Type"C" 2,1 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 rainfall distribution curve is used 4e-generate all other rainfall distribution curves. RC-SWMM motion-data are available from the Public Works Stormwater Engineering Center. C:A. Methodologies for Stormwater Conveyance System Design The selection process is as shown in Figure VIII 3. City of Virginia Beach—Public Works Design Standards 8-23 e �E Chapter 8—Stormwater Management June 2020 Cif VI�iri-3— e&ig T-MethedGiegy—Sel Lien-fer-- torm a er I`onye yance Systems No Drainage Yes Area<20 Acres? 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- acree,000 square feet be used to determine the peak SWMM based models shall de-used for storm sewer system design. a: - To obtain nfall intensities for .,ith the Ratio aI Method .Josig the City of Virginia Beach provided in the VDOT DM, which is based on National Oceanic and Atmospheric Administration (NOAA) Atlas 11 rainfall data. Consistent with the discussion in Section 8.3.B Design Storm Depth Duration and Rainfallon Criteria, the designer shall utilize the Steel Formula coefficients-found in Table J 1 in AppendixJ to calculate-raid-fall-intensity. See paragraph -- 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 20 acres of drainage area #o- each proj-set or cite eutfalt 4heThe 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. 1) Pipes 15' and larger shall be included in SWMM models. Smaller pipes and open ditches can be modeled using methodology discussed below in section 2. City of Virginia Beach—Public Works Design Standards 8 -20 • Chapter 8—Stormwater Management (1411)"' f June 2020 2) Conduit lengths in SWMM models will be checked for accuracy to the nearest foot. The modeler shall use Green-Ampt infiltration method and parallel pipe/ overland flow dual links rather than flood storage nodes. City City of Virginia Beach—Public Works Design Standards 8-20 Chapter 8-Stormwater Management •....-- June 2020 c__ 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 tif -o€ concentratiorf and travel time Rational-and NRCS(SCS)Win TR 55 methods. d- The design storm rainfall distributions are available from the Public Works Stormwater Engineering Center. Excel4-files of the rainfall distribution Stormwater Engineering Center. e The design storm r nfall distrib Non ailable from the D blic Works Stormwater Engineering Center{basedupon 120% of the City modified NOM Type "C" 21 hour, 25 year rainfall distribution) shall be used. Occasionally, longer analysis- periods than 2,-hours may need to-be included in the project analysis and design to reduce model instability an-d---provide-Mafe-assucate-modetifig-res-u-Its—l-f-ion-ger-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 Rational and NRCS (SCS)Win TR-55 Methods a. For -many hydrologic methods, accurate time-- of--concentration calculations must be performed gin- 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,--theManlung s Kinematic 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 .1-3 in Appendix-A-.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 the Rational Method,-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 of Travel Times(Tt)for sheet flow, shallow concentrated flow, and channel/pipe flow. See Chapter 5 Tabular Hydrograph Method of NRCS TR-55 for development of travel times for stream reach routing. City of Virginia Beach-Public Works Design Standards 8-21 Ji Chapter 8—Stormwater Management • -- June 2020 /1. Compliance with the SWMO is required is used City of Virginia Beach—Public Works Design Standards 8-22 M-„ Chapter 8—Stormwater Management June 2020 DAB. 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. 1. Storm sewer systems receiving less than 20 acres of drainage to each cite drainage eutfall-may-be designed-i-n accordance with Chapter 9 of the VDOT DM. See overview-ef--anappreved method for sizing each storm sewer system receiving a models may be used for storm sewer system design. 2. Storm sewer systems receiving 20 acres or more of drainage (to each project or site drainage outfall) shall be designed in accordance with these Design Standards and the referenced dements. 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. Ditches greater than 18 inches in depth shall be piped within City of Virginia Beach te--meet the SWMO. However, the installation of underground storm sewer systems shall be the preferred method for closing ditches greater than 4�inches in depth en -all-projects. Open drainage systems and channels are allowed where culvert requirements exceed a 72-inch diameter of reinforced concrete pipe(or equivalent).but must-be approved .1 Swale systems may be utilized up to 18 inches in depth, as measured from the invert of the swale to the "top of(excavated) cut." Swale side slopes must be no City of Virginia Beach—Public Works Design Standards 8 -23 ice. 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 4-0,7. 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. 8__ 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 -tie minimum required side slope is 4:1 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. 1-3,10. _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 aad for lakes and pon& 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. 15.12. 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. Whenever open channel drainage systems or swales are installed, adequate bank stabilization and erosion control measures shall be carried out according to the Virginia Erosion and Sediment Control Law and Regulations, the Virginia City of Virginia Beach—Public Works Design Standards 8 -24 ae ';;4hE € Chapter 8—Stormwater Management `^..._ June 2020 13_ Erosion and Sediment Control Handbook, the City Code, Chapter 30, Article Ill "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 II a, b, and c on the next few pages). City of Virginia Beach—Public Works Design Standards 8 -25 Chapter 8—Stormwater Management .._ ' June 2020 1.VSMP Compliance Analysis Evaluate Existing Condition, including routing of the design storm(2, 10, 25,or S0 year per these Design Standards) T P Determine Rough Project Layout Apply Environmental 4 Site Design Techniques T Apply Runoff Reduction Practices 1 Refine Layout i Apply Pollutant • Removal Practices Target Load Limit Achieved? Yes V GOTO2. PRELIMINARY \DRAINAGE DESIGN (Figure Continued on "'T. e City of Virginia Beach—Public Works Design Standards 8-26 (-471.'2' Chapter 8—Stormwater Management ` r June 2020 2. Preliminary Drainage Design i Prepare Rough Grading Design and Determine Preliminary Drainage Design (See Figure VIII-1 Typical Process for Drainage Design) eets Design and Legal No Go Back to Step 1. Requirements VSMP Compliance and Project Analysis • Goals? Yes / GO TO 3. FINAL DRAINAGE ♦ DESIGN (Figure Continued on Next Page) City of Virginia Beach—Public Works Design Standards 8 -27 f, Chapter 8—Stormwater Management ` •••� June2020 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 No Step 2. Preliminary Requirements and Drainage Design,as Project Goals? necessary to meet design and legal requirements Yes Y SUBMIT DESIGN FOR REVIEW, REVISE UNTIL APPROVED Section 1 15 of the SWMO specifics the minimum frequency and duration standards for etecrawater-management design-, designed to safely route the 10 year, 25 year, 50 year, or 100 year design . . Design Storms----Mini ue- Frequency Criteria--aad-- D Hydraulic Grade Line and Tailwater Criteria. SWMFs/BMPs shall not cause flooding of buildings or make streets impassable during the 100 year design-storm (See Section 8.5.0 Additions Design and T"e lowest floor (as defined in the ^ ent Floodplain Ordinance) of a newly constructed building Of manufactured home shall be set the-minimum distance above the base flood elevation established in the City' highest 100 year hydraulic grade line (HGL) sub catchment of the building (incorporating the City of Virginia Beach—Public Works Design Standards 8 -28 0 T. Chapter 8—Stormwater Management June 2020 Criteria for Projects Draining to-Tidally lnfluenced Waters or Section 8.3.D.2 Tailwater Criteria for Projects Draining to Impoundments, Lakes, SWMFs/BMPs (with no tidal influence),or Non Tidal Waterways),whichever elevation is higher. The routing of the following design storms under pre and post-development conditions through-all drainage systems contributing to the project, within the project limits, and flowing from the project downstream to the point of adequacy shall be included with all submittals made to the City: 4— 1 year or 2 year 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 distr+bdtiene (based upon 120% of the City modified Type "C" 2/1 hour, 25 year rainfall distribution available from the Public W rks c r cr Engi- e Center) shall be used for stormwater conveyance system and routing analysis and design. The shape of curves. PC SWMM from the Public Works Stormwater Engineering Center, Stormwater control structures must be able to operate without any adjustments after installation and shall he able to handle the designed stormwater flow for all ro red storm events. The licensed design profesional and the firm for which the licensed design profesional is-performing the work are responsible for the design and for assuring that the design and the 100 year check storm, results in-no-flooding on site and no increase in flooding 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. When total land disturbance is less than 20,000 square feet or the proposed 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 m hyetograph with increased precipitation and the static taiiwatef-pfeviciest-by the Development Services Center or the Public Works Stormwater Engineering Center. Under these conditions, the requirement to evaluate flooding impacts, upstream and downstream of the proposed project, is waived. 2- el „+her de„el„nn,ent p is not„,ol-uded in Paragraphs aboveWhen a project proposes more than 20,000 square feet of new (increased) impervious area, or designer elects to use this methodology for any,development project. designer shall use the following computer programs for hydrologic and hydraulic calculations pertaining to SWMFs/BMPs: a. EPA SWMM, or b. Value enhanced SWMM programs that can directly exchange input data with EPA SWMM. City of Virginia Beach—Public Works Design Standards 8-29 J.uk7 Chapter 8—Stormwater Management June 2020 These computer programs are preferred by the City for use in all hydrologic and hydraulic analyses, no matter what size the drainage area is. 3— All SWMF/BMP designs shall conform to the Design Standards. 4---- In cases under Paragraph 1 above, the designer is responsible for determining appropriate software for each design and analysis and for demonstrating the - The Designer advised to eet ..ith Planning/ Develo nt Services --Works Stormwater—E'nngine n ^enter for Gem-plex_ design- p' , 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. GB. Additional Design and Construction Criteria for SWMFs/BMPs SWMF/BMP basins must be designed in such a way that the 100 y or 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 set-a-minimura of one {1) foot above the FEMA FIRM base flood elevation. (Note: This requirement is more stringent than the Virginia Stormwater BMP Clearinghouse Design Specifications and was applicable-prior to January 1, 2013.) Tai!water conditions must performance of an outlet device. Many factors, such as annual high tides, seasonal high groundwater;and-flood elevations;-will affect-taflwateielevatien-s-. (Note:-This requirement is more stringent than the Virginia Stormwater BMP CI ghouse Design Specificationsand was applicable prior to January City of Virginia Beach—Public Works Design Standards 8-30 . • • Chapter 8—Stormwater Management �*...�1 June 2020 and outlet sizes. See Section-&3 iy lic Grade-Line and Tailwator Criteria 3. All drainage system designs including SWMFs/BMPs and conveyance systems shall be checked using 100 year design storm hydraulic grade line analyses for flooding of buildings and streets- it-4i project limits, upstream or up pipe to the upper limits of each drainage or down pipe of the project limits to the downstream point of adequacy, occurs or streets are not passable (100 year HGL elevation-is above crown of conveyance systems, and SWMFs/BMPs) shall be redesigned to meet this requirement. Additionally,the --• See Section 8.3.F Upstream and downstream drainage adequacy requirements. 5.Asa " c tend the €MA FIRM Zene 11€ eH en r erg inn , r bas check proposed road grades. If building flooding occurs or streets are not passable (flood elevation is 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 (including grading, street profiles,conveyance systems, and City of Virginia Beach—Public Works Design Standards 8 -31 4 r- ' ; Chapter 8-Stormwater Management ^- ` June 2020 be redesigned to meet this reau:rem,e t. Add ionally, tic Floodplain Ordinance s. 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 the drainage sub catchment of the building (incorporating the tailwatcr criteria stated in Section 8.3.D.1 Tai/water Criteria for Projects Draining to Tidally Impoundments, Lakes, SWMFs/BMPs (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 storm 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. 9 The baceflew.i of the n est m later beds shall be c sidered in establishing the normal dry weather elevation of a SWMF/BMP. The depth of baseflow shall be--added to the controlling outfall invert-elevation to derive the normal dry weather water surface of the SWMF/BMP (See Section 8.3.E Compensation for Seasonal High Groundwater for baseflow addition requirements). Infiltration shall not be considered in the calculation. 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 shall be included with the drainage calculations. The professional's certificate for training in "Advanced Hydric Soils for Soil Scientists" shall be included with the SHGW certification. �,,,`., soil borings shalrrvll--be shown-anv-4abeleel r e lans n ,, the nfiltrati„r d percolation testing, the underlying soils shall soak for 24 hours beferc determining the infiltration or percolation rate, in accordance with regulatory (Virginia DEQ, NRCS, or U.S.Army Corps of 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 in all-open conveyance system and and designs. Seasonal high groundwater baceflowc nd levels shall be ated fer the clesig of all conveyances and all SWMFs/BMPs (above and below ground). Groundwater open conveyance link or reach shall be determined using the procedures described High Groundwater. The seasonal high baseflow shall be added to the most upstreama�ease aterway enter holy i h drainage within the City of Virginia Beach-Public Works Design Standards 8-30 }'--- Chapter 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. 1-2,5. 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. __The V ro a -S ater READ Cl h f boaFel ants for cndcd detention basins shall also apply to dry detention ponds. 11. Positive drainage shall be provided for all SWMF/BMP discharges. Except wrier-there--- do strea-m-r—flowconstraints a d—them used st- development) discharge must be reduced to the capacity of the downstream channel, discharge from a properly designed system shall not exceed the pre development rate for all storm frequencies up to and including the required design SWMF/BMP must always be considered in the design prose..,. (Note: This requirement is more stringent than the VSMP Regulation and was applicable prior to January 1, 2013.) 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. 16_ 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. 48 All wet SWMF/BMP retention basins shall conform to the following Standard Drawings: a. B-23 Rip Rap Shoreline Protection for Lakes, Ponds, and Canals without Benching b. B-24 Acceptable Slope Alternative for Lakes, Ponds, and Canals Without Benching c. B-25 Rip Rap Shoreline Protection for Lakes, Ponds, and Canals with Benching Bank slopes steeper than 7:1 H:V shall have riprap or other appropriate long- term hardened revetment design for stabilization at the waterline to prevent erosion from wave action. (Note: The requirement for riprap stabilization at the waterline is more stringent than the Virginia Stormwater BMP Clearinghouse Design Specifications and was applicable prior to January 1, 2013). In no case shall side slopes be steeper than 3:1 H:V. City of Virginia Beach—Public Works Design Standards 8-31 Ts, Chapter 8—Stormwater Management June 2020 For lakes and ponds with a normal pool surface area of less than one acre. the minimum required side slope is 4:1Liners 1-8,9. Impermeable liners shall ealynot be used in proposed wet ponds when a for BMP facilities unless: 19. Infiltration basins, infiltration trenches, dry wells, permeable pavement, and vegetative swalec ith check dames uhfc r ght_of_ways discouraged. City of Virginia Beach—Public Works Design Standards 8-32 e • E Chapter 8—Stormwater Management June 2020 channels shall be designed to the point of adequacy for at least a 10 year design di$ arse The desig er shall assume the grn nd s rfase is fully sate gyrated 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. 10. 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: 1/4 field measured rate c. Check storm: 1/8 field measured rate 20.11, All underground SWMFs/BMPs must be marked with a 5"x 5"x 1/4'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. ,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 :wales, harvesting systems, etc.) shall only be placed on a single lot, not crossing any lot lines and not withi-ri the ublic T+ t-of- way, and shall.c etbe 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. D:C. 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. ED. Maintenance Requirements Where public stormwater is routed through an SWMF/BMP, a drainage and impoundment ascmcnt must be recorded over the entire SWMF/BMP. These casements must be dedicated to the City of Virginia Beach when such facilities are not within a public right of way: SWMFs/BMPs require regular maintenance. All private SWMFs are required to meet all minimum maintenance and access standards outlined in the DEQ BMP Clearinghouse. The owner shall execute a "SWMF Maintenance Agreement" for storm and surface water facility and system maintenance.for all SWMFs/BMPs, with the exception of single family site developments. The preliminary and final plats and completed SWMF Maintenance Agreement must be submitted to Planning/DSC for review and recordation in the office City of Virginia Beach—Public Works Design Standards 8-33 61: I` Chapter 8—Stormwater Management 1.1 June 2020 of the Clerk Circuit Court in the City of Virginia Beach. The latest agreement form and plat requirements are available from Planning/DSC. Public SWMFs are required to meet the additional standards listed below Accessible 20- foot wide public entrance access easements from public streets to SWMFs/BMPs and a maintenance and inspection access easemer'. 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 8.4D Additional Requirements for Storm water Conveyance Systems for additional casement requirements. City site development projects (fire stations, libraries, police stations, recreation centers, schools, etc.) with ponds on City property that are not within City right-of-way must provide all required City of Virginia Beach drainage impoundment easements on the site drawings and any recorded subdivision plats. These easements shall be labeled as City of Virginia Beach—Public Works Design Standards 8 -34 Chapter 8—Stormwater Management June 2020 proposed drainage easements on the drawings and subdivision plats. A note shall be provided on the subdivision plat stating: "All easements shall be established by a legal document prior to transferring the property to private ownership." Within each public access and maintenance easement, a paved driveway shall be installed from the street to the 20-foot wide maintenance easement that encircles the impoundment easement of each SWMF/BMP site. The paved driveway access shall be constructed with either asphalt or concrete, designed to support an AASHTO HS-20 live load, have a minimum width of 15 feet, and have a City of Virginia Beach standard residential entrance with a width to match the paved driveway and contain two 2-foot wide flares located at the roadway. Each of the paved driveways shall be maintained by the City as necessary. These access easements shall be dedicated to the City of Virginia Beach by deed in order to allow the City staff to inspect all SWMF/BMP sites. T-he designer shall consult with the Planning/ DSC stormwatcr engineer about design id as with the Department of Public Works Operations Division concerning any specific site access needs and/or restrictions for each 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 preliminary and final plats 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 2. "Variable width impoundment, drainage, access, and maintenance City of Virginia Beach—Public Works Design Standards 8 -35 z;,= Chapter 8—Stormwater Management June 2020 easement to be dedicated to the City of Virginia Beach by deed recorded Instrument Number_in the Office of the Clerk of Circuit Court in the City of Virginia Beach." Note 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 easements: - -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. In no case shall a subdivision lot be allowed to be platted over a SWMF/BMP. G F. Stormwater Management Facility (SWMF/BMP) Maintenance Schedule SWMF/BMP maintenance and maintenance schedules shall be in accordance with the Virginia Beach Stormwater Management Facility Inspection and Maintenance Manual. 8.6 Materials All storm sewer systems, culverts and open drainage systems/ways shall be constructed in accordance with the applicable provisions of Divisions II through VI of the VDOT Road and Bridge Specifications, the VDOT Road and Bridge Standards, City of Virginia Beach Standard Amendments to the VDOT Road and Bridge Specifications, City of Virginia Beach Amendments to the VDOT Road and Bridge Standards, and these Design Standards, including the Standard Drawings in Appendices A, B, and C. A. Drainage Structures 1. VDOT Drainage Structures VDOT storm drainage inlets and curbs and gutters (CG-6 or CG-7) shall be used in all right-of-ways greater than 60 feet, unless otherwise directed or approved by the Department of Public Works. All other drainage structures, including catch basins, storm inlets, junction boxes, and manholes, shall be standard precast or cast-in-place concrete structures, unless otherwise approved by the Department of Public Works. Use of brick or non-standard drainage structures requires Department of Public Works approval. Hollow masonry block structures are not permitted within the City right-of-ways, public easements, or City property. 2. Inlet Shaping All storm structures (drop inlets, catch basins, and manholes, etc.) shall have full diameter invert shaping in accordance with VDOT Standard IS-1. 3. Weep Holes All storm drainage inlet structures in the right-of-way shall have a note or detail City of Virginia Beach—Public Works Design Standards 8-36 TiJ., Chapter 8—Stormwater Management June 2020 indicating that the drainage structures have permanent weep holes installed at the aggregate/subgrade interface. These weep holes will remain open after completion of the construction by using hardware cloth (or an acceptable alternative as approved by the City's Inspector) to prevent gravel intrusion into the drainage structure. Weep holes shall be constructed in accordance with City Standard Drawings as specified in Appendix B or in accordance with the VDOT Road and Bridge Standards. 4. Pipe Connections to Drainage Structures When storm sewer pipes are within City right-of-way or public easements, all connections shall be with a standard drainage structure, as referenced herein. Appropriate flexible, sealed connections in accordance with manufacturers' recommendations shall be used when pipes and structures of dissimilar materials are joined. 5. Requirements for Modified or Non-Standard Drainage Structures Detailed drawings and supporting structural design computations must be included in the design documents when storm drainage structures are designed using other than City of Virginia Beach or VDOT standards or when standard drawings are modified. The drawings and structural design computations shall be prepared, signed, dated, and sealed by a structural engineer licensed by the Commonwealth of Virginia, Board of APELSCIDLA. 6. Minimum Interior Dimensions Where the depth of the modified or special design drainage structure is less than four(4)feet, the length and width shall each be a minimum of three (3)feet or the outside diameter of the largest connecting pipe, whichever is greater, along each wall pair. Where the depth of the modified or special design drainage structure is equal to or greater than four (4) feet, the length and width shall each be a minimum of four (4) feet or the outside diameter of the largest connecting pipe, whichever is greater, along each wall pair. See Tables J-5, J-6, and J-7 in Appendix J for suggested minimum drainage structure dimensions. B. Pipes 1. Minimum Allowable Pipe Diameter for Pipes within City Right-of-ways or Public Easements The minimum storm sewer pipe diameter that is permitted in the City right-of-way or public drainage easement shall be 15 inches. When conditions adjacent to a paved street or parking lot dictate, such as at the shallow end of the system or where conflicts exist, a 12-inch, 10-inch or 8-inch pipe with a reach length not to exceed 50 feet may be used as an exception. This is intended for situations involving connections or extensions to existing systems with established geometric constraints. This exception to the minimum pipe size criteria shall not be considered for new storm sewer systems. 2. Allowable Pipes All pipes in public easements, City right-of-ways, and City owned property shall be reinforced concrete pipe, conforming to the specifications for concrete storm sewer pipe (AASHTO designation M- City of Virginia Beach—Public Works Design Standards 8 -37 j:ems, s Chapter 8—Stormwater Management 4 June 2020 a. 170) with the modification that all reinforced concrete pipes shall be manufactured with concrete having a minimum compressive strength of 4,000-psi. All pipe joints shall be sealed in accordance with the VDOT Road and Bridge Specifications. b. Pipes from the following list may be used in installations that are not subject to paragraph 1, above: a) Concrete, Class III, IV, or V (only Class V reinforced concrete pipe shall be used under railroad tracks). b) Polyvinyl chloride (PVC) ribbed or corrugated storm sewer pipe (smooth interior). c) Polyethylene(PE)double-wall pipe(smooth interior). d) Ductile Iron. c. Corrugated aluminum alloy pipe and pipe arches; aluminum-coated, asphalt-coated, galvanized, polymer-coated, and plain corrugated steel pipe and pipe arches; and coated, galvanized, and plain aluminum alloy and steel structural plate pipe, pipe arches, and bottomless arches are not allowed within public easements, right of ways, and- --awned prepertyin 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 minimumAll storm drainage pipes and maximumculverts 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 elopes required by the VDOT DMvelocity, for concrete pipe,shall be usednot exceed 10 feet per second to prevent scouring. Pipe Joints All pipe joints within City right-of-ways, public easements, or City property, shall be sealed in accordance with the VDOT Road and Bridge Specifications. Non- gasket joints shall be sealed using a VDOT approved method and wrapped with approved filter fabric. For 12-inch to 36-inch storm pipes, a minimum 24-inch wide filter fabric shall be used; for 48-inch and larger pipes, a minimum 36-inch wide filter fabric shall be used. Each joint shall be completely wrapped with approved filter fabric cut to the required width and secured in place with the ends overlapping at least two(2)feet prior to backfilling. a. Tie-in locations between pipes and drainage structures shall be grouted and sealed with a material that conforms to the VDOT Road and Bridge Specifications and covered with a three (3) foot wide filter fabric which is secured in place as stated above. No lift holes allowed. City of Virginia Beach—Public Works Design Standards 8 -38 Chapter 8—Stormwater Management June 2020 b. Proposals for alternate joint systems that provide soil-tight joints must be submitted to the Department of Public Works for approval of work within the City right-of-way, public easements or City property. For development plans on private property, proposals must be sent to Planning/DSC for approval City of Virginia Beach—Public Works Design Standards 8-39 Ae"-H, . 'ele-----:\ Chapter 8—Stormwater Management June 2020 Planning/DSC for approval c. Where significant groundwater flow is anticipated, avoid placing coarse, open-graded materials, such as Virginia Class Al riprap, above, below, or adjacent to finer materials, unless methods are employed to impede migration (fines may migrate into the coarser materials due to the action of hydraulic gradient from groundwater flow). A filter fabric shall be used to separate the materials to prevent migration. Marking Non-Concrete and Non-Metal Pipe All pipes not made of concrete or metal shall have three (3) inch white metallic marking tape placed above the pipe at an elevation no less than one (1) foot below the ground surface. Backfilling of Pipes and Culverts All pipes and culverts installed in the City right-of-way, public easements, or City- owned property that are subject to traffic loadings shall be: a. Backfilled with Select Borrow for Trench Backfill, Minimum CBR-15 (in accordance with the City of Virginia Beach Amendments to the VDOT Road and Bridge Specifications) or granular material (as defined by AASHTO M 145 "Classification of Soils and Soil-Aggregate Mixtures for Highway Construction Purposes"), b. Placed in six(6) inch lifts, and c. Compacted to 95 percent of standard density based on AASHTO Specifications T-99(ASTM D698). Pipe Cover a. Concrete Pipe — To protect pipe during construction, minimum height of cover prior to allowing any traffic to cross the installed pipe, shall be the diameter or span (for elliptical pipe) divided by 2 or three (3) feet, whichever is greater. Minimum finished height of cover is to be the diameter or span (for elliptical pipe) divided by 2 or two (2) feet, whichever is greater, in accordance with the VDOT Road and Bridge Standards. b. Plastic Pipe — Plastic pipe and fittings shall be installed in accordance with VDOT Road and Bridge Standards, PB-1: "Plastic Pipe Culvert Bedding and ASTM D2321 "Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications." Furthermore, underground installation of plastic pipe for sewers and other gravity flow applications shall be made with embedment materials conforming to VDOT Road and Bridge Specifications, AASHTO M 145 "Classification of Soils and Soil- Aggregate Mixtures for Highway Construction Purposes" or ASTM D2487"Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System)." Embedment materials shall be chosen from the following: VDOT Class I Backfill (Crusher Run Aggregate, Size No. 25 or City of Virginia Beach—Public Works Design Standards 8-40 _— Chapter 8—Stormwater Management June 2020 26 or Aggregate Base Material, Size No. 21A only), b) AASHTO M 145 group A-1, or c) ASTM D2487classification GW. c. Ductile iron pipe, Thickness Class 52, or Class V concrete pipe shall be required if less than two(2)feet of final cover exists. 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 8.6.13.5, above. 2. Polyethylene(PE) Double Wall Pipe(Smooth Interior) Corrugated Polyethylene (PE) pipe, AASHTO M294, shall be produced and certified by the resin producer's professional engineer as meeting the requirements of ASTM D3350. Cell class 335420C PE pipe shall be joined with two gaskets and/or a watertight sleeve as recommended by the licensed design professional and by the pipe manufacturer for their system to result in soil-tight performance (no soil infiltration into the pipe) as defined in AASHTO M294. Otherwise, all pipe joints and all other points of potential soil infiltration shall be wrapped with geotextile fabric in accordance with Section 8.6.8.5, above. D. Standard Inspections The developer, contractor or permittee shall, at their expense, inspect all constructed storm sewer pipes and culverts with a cumulative total more than 200 linear feet of storm sewer pipe and/or culverts located within City rights-of-way and public easements utilizing a closed circuit television (CCTV) camera. Inspection shall include, but not be limited to, initial cleaning, dewatering and CCTV inspection. All data gathered to describe the conditions within the pipe system shall be collected and coded accurately and consistently utilizing standards established in Nassco's Pipeline Assessment Certification Program (PACP). For subdivision projects, the CCTV inspection shall be completed, submitted, reviewed, and approved by the Department of Planning prior to approval of the Certificate of Completion or start of defect period. For site plan projects, the CCTV inspection shall be completed, submitted, reviewed, and approved prior to surety reduction or start of defect period. Any substandard construction work, defects or damage shall be corrected by the developer, contractor or permittee at their expense to the satisfaction of the City. The corrective action must take place under the observation City of Virginia Beach—Public Works Design Standards 8 -41 i VI Chapter 8—Stormwater Management June 2020 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 31 ITEM— VLJ.2b ORDINANCES/RESOLUTIONS ITEM#72469 Upon motion by Council Member Branch, seconded by Council Member Tower, City Council ADOPTED, AS AMENDED, Ordinance to AMEND(Deferred from January 18, 2022): 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 Storm water Appeals Board Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 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 37 outfall, drainage structure, junction, node, upstream end of a culvert or storm drain, 38 upstream face of a waterway-Grossing, channel, ditch, swaie, spillway, weir, point of 39 . 40 41 "Energy grade line (EGL)" means the line that represents the total energy of flow 42 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 ' 53 conveyance system where it has adequate capacity to convey the design storm 54 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 "Stormwater 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 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 ard1 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. 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. The downstream system must adequately convey the design storm to the 186 187 188 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-disturbing 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 1-3. C 235 Flood Protection above, concentrated stormwater flow shall be released into a 236 stormwater conveyance system and shall meet all applicable criteria as outlined 237 in the Public Works Design Standards Manual. When a land disturbance projects 238 that increases the impervious area by more than 20,000 square feet the following 239 shall be met: 240 241 1. Use EPA SWMM or value enhanced SWMM programs that can directly 242 exchange input data with EPA SWMM for hydraulic calculations; and, 243 244 2. Performance upstream and downstream drainage analyses to demonstrate 245 adequacy of the downstream system. 246 247 DE. Increased volumes of sheet flow resulting from pervious or disconnected 248 impervious areas, or from physical spreading of concentrated flow through level 249 spreaders, must be identified and evaluated for potential impacts on down- 250 gradient properties or resources. Increased volumes of sheet flow that will cause 251 or contribute to erosion, sedimentation, or flooding of down gradient properties or 252 resources shall be diverted to a stormwater management facility or a stormwater 253 conveyance system that conveys the runoff without causing down-gradient 254 erosion, sedimentation, or flooding. 255 256 €F. For purposes of computing predevelopment runoff, all pervious lands on the site 257 shall be assumed to be in good hydrologic condition in accordance with the U.S. 258 Department of Agriculture's Natural Resources Conservation Service (NRCS) 259 standards, regardless of conditions existing at the time of computation. Onsite 260 . 261 Predevelopment runoff calculations utilizing other hydrologic conditions may be 262 utilized provided that it is demonstrated to and approved by the VSMP authority 263 that actual site conditions warrant such considerations. Predevelopment runoff 264 265 266 267 268 FG. Predevelopment and postdevelopment runoff characteristics and site hydrology 269 shall be verified by site inspections, topographic surveys, available soil mapping 270 or studies, and calculations consistent with good engineering practices. 271 Guidance provided in the Virginia Stormwater Management Handbook and on 272 the Virginia Stormwater BMP Clearinghouse website shall be considered 273 appropriate practices. 274 6 275 G7 The entire drainage area rest be considered when determining the design storm 276 277 278 storm event for capacity design shall be used; for 279 drainage areas equal to or greater than three hundred (300) acres, but less than 280 five hundred (500-) acres, a twenty-five-year, twenty-four-hour design storm event 281 ; 282 acres, a fifty year, twenty four hour design storm event shall be used. 283 284 Sec. 1-14. Offsite compliance options. 285 286 . . . . 287 288 C. Notwithstanding subsections A. and B. of this section, offsite options shall not be 289 allowed: 290 291 1. Unless the selected offsite option achieves the necessary nutrient 292 reductions prior to the commencement of the operator's land-disturbing 293 activity. In the case of a phased project, the operator may acquire or 294 achieve offsite nutrient reductions prior to the commencement of each 295 phase of land-disturbing activity in an amount sufficient for each phase. 296 297 2. In contravention of local water quality-based limitations at the point of 298 discharge that are (i) consistent with the determinations made pursuant to 299 subsection B of § 62.1-44.19:7 of the Code of Virginia, (ii) contained in a 300 municipal separate storm sewer system (MS4) program plan accepted by 301 DEQ, or (iii) as otherwise may be established or approved by the State 302 Board. 303 304 3. Within the Southern Rivers watershed, the exchange of credits within an 305 area subject to an approved local TMDL, for total phosphorus or total 306 nitrogen shall be limited to those credits generated upstream of where the 307 discharge reaches impaired waters in accordance with the Virginia State 308 Water Control Board regulation 9VAC25-900-91 Exchange of credits. 309 310 . . . . 311 312 Sec. 1-15. Design storms and hydrologic methods. 313 314 A. Unless otherwise specified, the prescribed design storms are one hundred 315 twenty (120) percent of the one-year, two-year, ten-year, twenty-five-year, fifty- 316 year and one hundred-year twenty-four-hour storms using the rainfall 317 precipitation frequency data recommended by the U.S. National Oceanic and 318 Atmospheric Administration (NOAA) Atlas 14, Volume 2 Version 3.0. Partial 319 duration time series, as adjusted by the City of Virginia Beach Public Works 320 Design Standards Manual, shall be used for the precipitation data. 7 321 322 B. Unless otherwise specified, all hydrologic analyses shall be based on the existing 323 watershed characteristics and how the ultimate development condition of the 324 subject project will be addressed. 325 326 C. Except as allowed in subsection D. below, all analysis shall use dynamic 327 modeling. The U.S. Department of Agriculture's Natural Resources Conservation 328 Service (NRCS) synthetic 24-hour rainfall distribution and models, including, but 329 not limited to TR-55 and TR-20; hydrologic and hydraulic methods developed by 330 the U.S. Army Corps of Engineers; or other standard hydrologic and hydraulic 331 methods, shall be used to conduct the analyses described in this part. 332 Predeveloped vs. post-developed runoff comparisons shall be performed using 333 the same method of analysis. 334 335 D. 336 tthhe, proposed impervious area is at least ten (10) percent less than the existing 337 impervious area, stormwater design may use any computer-design program that 338 339 340 upstream and downstream impacts is not required under these conditions. When 341 total proposed (increased) impervious area is greater than 20,000 square feet of 342 new impervious area, the hydrologic methods in the PWDSM shall apply in lieu of 343 subsection C above. Project shall use EPA SWMM or value exchanged SWMM 344 programs that can directly exchange input data with EPA SWMM for hydrologic 345 and hydraulic calculation E. The entire drainage area must be considered when 346 determining the design storm and hydrologic methods, This includes both onsite 347 and offsite contributing drainage areas. For drainage areas less than three 348 hundred (300) acres, a ten-year, twenty-four-hour design storm event for 349 capacity design shall be used; for drainage areas equal to or greater than three 350 hundred (300) acres, but less than five hundred (500) acres, a twenty-five-year, 351 twenty-four-hour design storm event shall be used; for drainage areas equal to or 352 greater than five hundred (500) acres, a fifty-year, twenty-four-hour design storm 353 event shall be used. 354 355 . . . 356 357 Sec. 1-21. Variances. 358 359 A. The Administrator may grant variances to the technical requirements of sections 360 1-10 through 1-14; and 1-16 through 1-19i and 1-22 through 1-27, provided that: 361 362 1 . The variance is the minimum necessary to afford relief; 363 364 2. Reasonable and appropriate conditions are imposed so that the intent of 365 the Act, the Regulations, and this Ordinance are preserved; 366 8 367 3. Granting the variance will not confer any special privileges that are denied 368 in other similar circumstances; 369 370 4. Variance requests are not based upon conditions or circumstances that 371 are self-imposed or self-created; 372 373 5. The variance will not substantially increase the flow rate of stormwater 374 runoff; 375 376 6. The variance will not have an adverse impact on a wetland, channel, 377 water body or upstream or downstream of a receiving body of water; 378 379 7. The variance will not contribute to the degradation of water quality; 380 381 8. Will The variance will not be of substantial detriment to adjacent property 382 or adversely affect the character of adjoining neighborhoods; 383 . . . . 384 385 386 Sec. 1-26. Flooding. 387 388 A. Upstream, downstream and adjacent properties and waterways shall be 389 protected from damages from localized flooding due to changes in runoff rate of 390 flow and hydrologic characteristics, including, but not limited to, changes in 391 volume, velocity, frequency, duration, and peak flow rate of stormwater runoff in 392 accordance with the minimum design standards set out in this section. 393 394 B. The ten-year peeeieped post developed peak rate of runoff from the 395 development site shall not exceed the ten-year predeveloped peak rate of runoff 396 nor provide any increase in HGL upstr am to the watcr;hcd-4imif 397 398 399 C. In lieu of subsection B. of this section, the City may, by ordinance in accordance 400 with § 62.1-44.15:33 of the Code of Virginia, adopt alternate design criteria based 401 upon geographic, land use, topographic, geologic factors, or other downstream 402 conveyance factors as appropriate. 403 404 D. Linear development projects shall not be required to control pestelerelepe4 post 405 developed stormwater runoff for flooding, except in accordance with a watershed 406 or regional stormwater management plan. 407 408 Sec. 1-28. Long-term maintenance of permanent stormwater facilities. 409 410 . . . . 411 9 412 B. At the-discretio hec-Aammnistrator such A recorded instruments is need not be 413 required for stormwater management facilities designed to treat stormwater 414 runoff primarily from an individual residential lot on which they are located; 415 provided it is demonstrated to the satisfaction. An agreement in lieu of the 416 plan shall be entered into that provides an enforceable mechanism 417 to ensure future maintenance of such facilities will be addressed through an 418 enforceable mechanism. 419 420 C. If a recorded instrument is not required pursuant to the s bsectio Novo the 421 The Administrator shall develop has developed a strategy for addressing 422 maintenance of stormwater management facilities designed to treat stormwater 423 runoff primarily from an individual residential lot on which they are located. Such 424 a strategy may include periodic homeowner inspections, homeowner outreach 425 and education, or other method targeted at promoting the long-term maintenance 426 of such facilities. Such facilities shall not be subject to the requirement for an 427 inspection to be conducted by the Administrator. 428 429 . . . . 430 431 Sec. 1-30. Hearings. 432 433 A. Any permit applicant or permittee, or person subject to Ordinance requirements, 434 aggrieved by any action of the City taken in regard to the Ordinance without a 435 formal hearing, may demand in writing a formal hearing by the Stormwater 436 Appeals Board, who is designated by the City Council as its appeals body, 437 provided a petition application requesting such hearing is filed with the 438 Department of Planning and Community Development, 439 Development Services Center within thirty (30) days after notice of such action is 440 given by the Administrator. 441 442 B. The hearings held under this Section shall be conducted by the Stormwater 443 Appeals Board at any time and place authorized by the Stormwater Appeals 444 Board.-, but should be scheduled within sixty (60) days of the notice of appeal. 445 446 C. A verbatim record of the proceedings of such hearings shall be taken and filed 447 with the Stormwater Appeals Board. Depositions may be taken and read as in 448 actions at law. 449 450 D. The Stormwater Appeals Board, shall have power to issue request the issuance 451 of subpoenas and subpoenas duces tecum, 452 issue such subpoenas. The failure of a witness without legal excuse to appear or 453 to testify or to produce documents shall be acted upon by the Stormwater 454 Appeals Board, whose action may include the procurement of an order of 455 enforcement from the circuit court. Witnesses who are subpoenaed shall receive 456 the same fees and reimbursement for mileage as in civil actions. 457 10 458 E. The standard of appeal shall be as listed in section 1-21, A and B, Variances, of 459 this Ordinance. The Board's authority is to hear appeals and determine if the 460 departments of Public Works or Planning's administrative decisions and 461 variances regarding interpretation and implementation of this ordinance are valid. 462 The Board should examine the evidence presented to the department of any 463 additional evidence that is relevant. 464 465 F. The time limitations above shall not commence until the application is complete, 466 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 1 s t day of February , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1). .....J.,..c/gii;L ----- Planning City A orney's Office CA15675 R-3 January 31, 2022 11 32 ITEM— VLJ.2c ORDINANCES/RESOLUTIONS ITEM#72470 Upon motion by Council Member Branch, seconded by Council Member Tower, City Council ADOPTED, AS AMENDED, Ordinance to AMEND(Deferred from January 18, 2022): 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 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R. Jones February 1, 2022 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 § 4-04-600 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 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 dDirectors of j9Planning o lic 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 section 104 and section 115 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 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. flood 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 Reserved. 275 6 L OZ£ 61.£ of s_laploq ltw_lad Butitnbo_l pue `s_lap_lo )l_lonn dols JO suollelotn }o sa3tgou 8I£ . L6£ 9I,£ 'a3ueutp_lo sly}l0 9 1,£ bI-£ ` £l£ s0_lnl3n_lls 1311M of (tAndij all uo wnlep all 0l uotlela_l u!) uotlenala all Z 6£ . 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Reserved. 339 340 341 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 346 347 damaged structures; coordinating with other federal, state, and local 348 agencies to assist with substantial damage determinations; providing 349 350 damaged structures in SFHAs; and assisting 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 354 355 356 357 , 358 throughout the entire jurisdictional area of the city, whether or not those 359 hazards have been specifically delineated geographically (c.g., via 360 361 362 . . . . 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 433 434 derived information such as flood of record, historic high water marks, or 435 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 1-i. 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 located so as to prevent w 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 elevation 514 certificate and, if applicable, a flood-proofing 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. 530 531 532 533 - 534 watercourse or stream, within the city a permit shall be obtained from the 535 USACE, VADEQ, the Virginia Marine Resources--Commission, and the 536application procese. Furthermore, 537 538 adjacent jurisdictions, the department of conservation and recreation 539 (division of dam safety and floodplain management), other required 540 agencies, and FEMA. 541 542 543 watercourse shall be maintained. 544 545 3. Sand dunes, barrier beaches, and other natural protective barriers shall 546 547 12 548 dune, other than for the purpose of conducting the activities specified in 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 Co ssion, and the Wetlands Board through the joint permit 552 application process. 553 554 Sec. 4.3. Elevation and construction requirements. 555 556 In all SFHAs where ..,,e flood- elevations have been provided in the FIS or 557 558 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 562 563 AE, AH, and A with detailed base flood elevations shall have the lowest 564 floor, including basement, elevated to a minimum of two (2) feet above the 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 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 fleer 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 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 The- following uses and--sta res maw-be pe;naiad n the floodw 625 district, subject to the requirements of articles III, IV, V, and VI of this 626 ordinance 627 628 4- Public and private ; 629 630 2. Agricultural uses, including farming, grazing, and the raising of poultry or 631 ; 632 633 634 3 Open uses, such as public and private roadways, off street parking, or 635 636 637 638 applicable to extractive industries as set forth in the conditional use 639 14 640 641 , 642 and utilities installations and substations, including temporary storage of 643 , 644leGatien-ef-maintenance-in-stalla*ansand ; 645 646 647 ultural 648 ; 649 premisestarevided4hat; 650 651 a: Only one (1) such stand shall be permitted per lot; 652 653 la, No--s-bleh-stancl-s-hal-l-exeeeel-f-tve-h-undre€14500-)-square-feet-i-R-flear 654 area; and 655 656 c 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 structure shall he elevated to not loss than t e (2) feet above the highest 680 adjacent grade. 681 682 Sec. 4.8. Reserved 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 High Hazard (V-and VE Zone.) requirements. 705 706 The following provisions shall apply within V and VE Zones 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 North Landing River and its tributaries south of Lynnhaven 753 Parkway; 754 755 756 ; 757 758 & Bays, creeks, lakes, guts, coves, wetlands, marshes and swamps 759 760 South watersheds south of South Birdneck Road and east of 761 Princess Anne Road and General Booth Boulevard. 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 Hiiv. 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 arras 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 area 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), and 4.3 when the required finished floor is 883 higher than the BFE plus two feet of freeboard, where the floodplain 884 administrator, in consultation with the Development Services Center, has 885 determined that the proposed stormwater engineering design will 886 approximately mitigate any impacts to the finished floor of the 887 nonresidential development. 888 889 Sec. 6.3. Application process. 890 891 A. Applications for variances from the requirements of this ordinance shall be 892 made to the city council and filed with the director of planning. The fee for 893 such applications shall be six hundred fifty dollars seven hundred eighty 894 ($650780.00). Such fee shall include all costs of notifications and 895 advertising. Except in cases in which such fee is waived, the director shall 896 not accept any application not accompanied by payment of the required 897 fee. The procedure for the advertising, hearing and determination of 898 applications for floodplain variances shall be in accordance with the 899 requirements pertaining to applications for subdivision variances, as set 900 forth in section 9.4 of the subdivision ordinance. In cases in which a 901 variance application is filed by reason of a natural disaster that is the 902 subject of a federal declaration of emergency, application and associated 903 advertising fees shall be waived and such application shall be given 904 expedited processing to the maximum practical extent. 905 906 B. All applications shall be accompanied by the following: 907 908 1. A separate map, on a 1" = 100' or greater scale, identifying all 909 proposed land disturbance, including fill and mitigation areas, and 910 the limits of the existing and proposed SFHAs, tidal and non-tidal 911 wetlands, Southern Rivers Watershed Management Area Buffer, 912 and CBPA Resource Protection Area Buffer; and 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 1 S t day Of February , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: cjril Planning De artmer5t City o ney's 0 ice CA15674 R-3 January 25, 2022 21 33 ITEM— VLJ.3 ORDINANCES/RESOLUTIONS ITEM#72471 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY CONSENT, Ordinance to CONFIRM the Declaration of a Local Emergency re Winter Storm Jasper Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 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 1 s t day of February , 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 II ZD )ro i (Date) 34 ITEM— VLJ.4 ORDINANCES/RESOLUTIONS ITEM#72472 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY CONSENT, Resolution to DECLARE 1049 and 1053 Virginia Beach Boulevard to be a Revitalization Area re qualify for Virginia Housing Financing Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 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 1st day of February , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -ten %V / - using and Neighborhood o y's O • Preservation CA15678 R-1 January 19, 2022 35 ITEM— VLJ.5 ORDINANCES/RESOLUTIONS ITEM#72473 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of the City's right-of- way known as 36`"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 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R. Jones February 1, 2022 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 1st day of 49 February , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: d) b P B12IC WORKS REAL ESTATE CITY OR Y CA15419 \vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d004\p039\00773734.doc R-1 January 11, 2022 • ma , PARCEL A --;7 _ BELVEDERE HOTEL I � p0 ,i,TH OF A N/F o 1 ; INVESTMENT ASSOCIATES,LLC 1 o r� P _ 1 1 , ' GPIN:2428-04-2067 I , 4 .I�; I ; I 6" PVC FROM TRENCH DRAIN - r' (, G'� -r I —�'" INST.#202100000016 TO DAYLIGHT AT GRADE ON ''Z 6" PERFORATED PVC FOUNDATION t a CONCRETE FLUME, INV @ I J. II�AMILTON BU HEY5 �v DRAIN WRAPPED IN FILTER FABRIC ' , cc-i V. M_ , L WALL= 13.12 1 N Lie. No. 032234 V , , rn ' t D7 TRENCH DRAIN & I °" 6/30/2021 . �i CATCH BASIN )/�� 2 O��' 1 �� w����wywi.Aff .��'� , n ;�1� 76°D7'32"W.150.00-..rgi 13 ANAL op ‘ IktVolkt k 4*Alt 1 j'yf. _,P 4 rtil lif /' .. mmzor _ 1 al 1 ., AM *it will:tt.i.- 46 -41,,,.04,.41. ,. ,i r 2 -1 ,A AIKOr /47,,,,, :, !Ur:IWO .46, 'NI.4,.A. 4(.40•0 r 41 t, •; P 4 N' I PV*1 IV% SOS ° S < > .4 ♦ �1► �r44 ♦ .��Kebite41V4�i�►��►��;�i�44s*.' ',1?oI► ►� �� �� S�+,r►♦• •j o 0,♦ S 0SIAtAi SOt#S ,2 41r#Volie#4,0*040 vi-4k .5 (-2 cn "4"0%4701 I 0 0,10#0,4V /* . 2 - V ": '‘- IIL c'ci co ♦ �Irr?:' O MAT• Ci �, cn0 "6'7 r; .. � (60' RIGHT-OF WAY) . i►�I �,♦ a ♦,� - �'••`.0. ,•:. HIB r♦���♦ , oo o j�� �� < <MB 3, PG 176. ♦��V♦.' ♦ 1 STORM SCHEDULE LEGEND EX. STORM DI 0 EX. STORM DI ENCROACHMENT , , (REPLACE REGULAR GRATE W/ 0BEEHIVE GRATE) EX. TOP=15.45 v AREA 1,554 S.F. AND _ EX. INV. IN=8.72(SW) 0.035 AC. EX. TOP=13.03 EX. INV. OUT=8.72(NE) EX INV. IN=9.23(SE) — — PROPERTY LINE 1 EX. INV. IN=8.73(SW) n EX. STORM MH 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 M-�--�� (D7)TO 04- 15" RCP @ 2.0% (IN FEET) 1 inch= 20ft. 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" - 20' A VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 1 OF 11 o ,TH Op L� o Q� f� U J. AMILTON BU HEY y Lic. No. 032234 0 �.3 �0 7/28/2021 t ,I THERMOPLASTIC HANDRAIL&FALL • �SSI ONAL e .1 PROTECTION MATH GLASS INSERTS THERMOPLASTIC II 'd HANDRAIL WITH POSTS I 8'-0.O.C. I 15 CYLINDER GRINDERMINDER = SKATEBOARD AND BIKE ACCESSIBLE - I '11 DETERRENT,OR APPROVED CONCRETE RAMP - EQUAL * CAST STONE WALL CAP; ' FINISH:OAKRIDGE DISCONNECTED GAS a LINE TO BE REMOVED \ b "P :2 PARGE CIP CONCRETE &A THICK THIN ADHERED FINISHED GRADE VARIES.SEE WALL 6 PAINT SW7042, h 5,0 5/8• N MASONRY UNITS ON CIP CONCRETE;FINISH:OAKRIDGE CML SHEET C0100. SHOJI WHITE . __ X Level IN 8 — — — — r 1 d Y — 0.•0. • • %- EXISTING TO REMAIN . ..: :..•(:A"..,..,d, ; >O TELECOM " 1!'a /.. 3 NNaes1w CONNECTOR PARK 6•PVC PIPE TO I ---*�, W E PAVERS-MATCH TRENCH DRAIN I• S EX.STM.STR.N5 EXISTING w FULLY- ---.._3 y crrl as _. ADHERED ORANJLAR BACKFILL MEMBRANE I _ .. ...- .. ..-...-.,.. FLASHING WITH FELT PROTECLT I b SHEET •1... • • 12c ;aat too \ \ @. \\ae aalv��aa "° ♦\ seas EXISTING TO REMAIN \ \/\\�iia�dl'Gp*** l0 Ode&a4� 8•PVC STORM PIPE .:�.. /�/ / a,/// / �j,, �/^�,, 6•PERFORATED 4, /4 ,, \•', ` �may. FOUNDATION DRAIN PIPE; EXISTING TO REMAIN ;` // l /a, Sok",.• \/ N. �//,G\X STORM PIPE > / SEE CIVIL DRAWINGS FOR ,/�'�0.�\/`\///1\ .* \`\�//\�/ / \',,`\ / \ /, \/y�\�`l\/. PIPE CONNECT IONS \\/!a"' \//*//jti`,/ * ,�ja,I' � �\'/ \a /*\`'. '� tea• . . a\ \� \, . .�a\\a�.� Va0'�\��'a4o\ ; ��°° SECTION D-SOUTH WALL RAMP-LOWERED FOOTING SCALE=1/4•=1,0' I 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 ovTH OFD 1-4 U J. HAMILTON BU HEY Lic. No. 032234 �0 6/30/2021v FENCE POSTS(114'-0"O.C. i 1 SSIONAL �yCs ��—S E ALUMINUM SCREEN,FINISH BLACK 121W■48"L CAST STONE WALL CAP;FINISH: I OAKRIDGE;ALIGN WALL CAP SEAMS WITH CENTER a T OF FENCE POSTS&NOTCH '' I C BOOT TO COVER BASE PLATE AT EACH EDGE FOR POST.- BASE PLATE;ANCHORS INTO _ CYLINDER GRINDERMINDER CONCRETE CURB.PER SKATEBOARD AND BIKE MANUFACTURER'S SPEC DETERRENT,OR APPROVED Io IEQUAL Ix 3/4"THICK THIN ADHERED . I MASONRY UNITSCIP CAST STE FINISH OAKR D EL CAP CONCRETE;;FINISH. E OAKRID } 20.3' PARGE CIP CONCRETE S-0' — - I PARGE CIP CONCRETE WALL 8 PAINT 5W7042, m H FINISHED GRADE VARIES.SEE CIVIL WALL 6 PAINT SW7042, SHOJI WHITE •� _ 1;+ SHEET CG100. i 1'-0" r SHOJI WHITE =� mG N — — 4 — — S — — LwN1 ',y.• .•••a••r,• - •• 1 PARGE CIP CONCRETE 0•0" , ,` WALL 8 PAINT SW7042, L , / / • /__CTORPARK x FULLY-ADHERED • • MEMBRANE FLASHING '.** •// O c -�qo.�a.�I O WITH FELT PROTECTIVE (1 /// �/•�:,. I �L y{Y .f' r ') .). SHEET y4 2 POOL • ,,,,0///���''/ / GRANULAR BACKFILL a `3 / \�f - 1 6"PERFORATED FOUNDATION DRAIN PME. T,� \�N�\\,'C,\,\,\\\/�\\\ \v\ Y�i / Y�' V\' � .4 SEE CIVIL DRAWINGS'El �i�L��/�\�:� •,s. i / L :� PIPE CONNECTIONS __ 11.4' . - ,,, A, .•\� �� \ \S� \.� \ \\,\ \,\y,\ \\/ / \ \\ / EXISTING TO REMAIN A V is / / / n /Vv\i/�iA TELECOM 4::y.c\�,�\�,,:,,w1„. \\/ \/\/\V\/\\ 1\'\\ [t'. ,.. /A \ �\\� \/\ EXISTING TO REMAIN / \ //\y�<\ \\ \ <yl \�\ \ yr/ \� \` \ �//\\ � '\O ,, FIBER OPTIC ? / ,/.c.//r T.� �n�%J / / ,/i,.�✓:T : �/n n//i,,,c,,...,,.;. .„,,, .. ,,„,.,F,.,„,c ..�u�:r. .,,u..;,;,, . /�/,.//.,,c./ ./ .A,,/�//<G EXISTING TO REMAIN SECTION E-SOUTH WALL POOL STORM PIPE SCALE=1/4"=1'd4' 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 = 1'-0" 2B VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 3 OF 11 1,TH Op ACCESSIBLE L C(TRENCHDRNNOT SHOWN) (-I 1( �,�' I,! , 1, ,� a,Q HANDRAIL 8 FALL PROTECTION; J. HAAMILTON BU HEY5. SEE ARCHITECTURAL PLANS. i j: alc2 Lie. No. 032234 I,. lt 6/30/2021 1 6"PVC FROM TRENCH DRAIN Q 1 TO DAYLIGHT AT GRADE ON •� 1 I CONCRETE T 1 FLUME, INV @ is)), AL #(ti I1 ' WALL EX P (REPLACE REGULAR GRATE W/BEEHIVE GRATE) i I _ I SEAL THE 15"RCP 4. EX TOP=13.03 AROUND THE EX INV. IN=9.23 PROP. INV. IN=10.65(15"RCP,N) . • ' • - I."'FOUNDATION DRAIN ° EX INV. OUT=8.67 6"PVC PIPE TO _i I'� ° CONCRETE TRENCH DRAIN FLUME rEXISTING GRADE 1167roll .; _r_. ......... _ rii" r 4 LF-15" ti GRANULAR ;•S•" RCP @ . 1 BACKFILL °T r�- 2.0% 1 .:'Aivr, 10.56- .• °• 1 ' 1.7' 1 19.17- I D7 6"FOUNDATION DRAIN TO INV. 10.73 DAYLIGHT INTO 15"RCP 7'-4" INV.= 10.75 • 0 STORM SEWER D7 TO EX 5 SECTION _ SCALE 1" = 3'-0" CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE/BTC HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 3'-0" 2C VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 4 OF 11 }-- ' PARCEL A li N/F _ I _` `VII Op �� ` I 1 BELVEDERE HOTEL oo L `.• INVESTMENT ASSOCIATES,LLC o f _ �� GPIN:2428-04-2067 0 L ••y INST.#202100000016 �� _ PROPERTY/ PROPERTY/ U J. I1AAMILTON BU HEY RIGHT-OF-WAY LINE RIGHT-OF-WAY LINE ' N Lie. No. 032234 N j M �0 6/30/2021 l — 77.°Ii -' — IA z ‘4ks,.,s, 'S7 °N gas ---___________? — — S76°07'32"W 150.00' - " NAL 2- to 24"RCP 4RCP -0o LANDSCAPED c.� t3 AREA ci b� o Kit _ u t M- ugt Q SEAT WALL START i < ^ w co o SEAT WALL END /�-�` J Q > � SEAT WALL I w � U O C� (SEE EXHIBIT 2A) U RELOCATED COLONIAL o O C� 1 t— 52.4' > STREETLIGHT, (TYP OF 3; I n I m ' 0- Z i M 102.6' _,� SEE NOTE BELOW) I 1 1 o _1 — m I , • z � � Q 113.0' 36TH STREET \ / Q o �� ® (60' RIGHT-OF-WAY) ��� co ArIT MB3, PG176 NOTE: ELECTRICAL CIRCUIT FOR EXISTING STREETLIGHTS SHALL BE RELOCATED/EXTENDED TO THE STREETLIGHTS IN THEIR NEW LOCATIONS. GRAPHIC SCALE 20 0 10 20 40 MININI — -�-�� (IN FEET) 1 inch= 20ft. 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" = 20' 2D VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 5 OF 11 nri •'00.1 rtt °#00 % i ♦6iO4 9a Od 'E 8W N w (AVM-30-1HOIN,09) X (arod3a 803) ���/ ♦s 21Vn3 n•8 I Hl V W co cos vonnaae %1* !#. ,, ,, �GI- ›A °�� -=g� ,xliel l, •`,,, O SCR c, N cn H N .,�eoan,.,�°gin\ \ m •,,, �+ Zp O U_o w ii O k;;P%'.io•;oo14,1 aOt, `r+i F o p Z 2 f L bco%;bti:c'o0ob'oo'c�.c,o.oG / M � Cl, S N il , , . : ''''1•. :.i I i.****11#*00 % IL: ;- „.i ' t t c) I 4**000A***1 .'• 4 eqg 1 K00#0*****tA R 0 < CL Cr) • 0.0, ‘t:,:,.. 1,..,,Lor,,vsl , 1 •Ic16.--.44% 04 • 4 f .4eirkg,'\'0'1.11431.S*1*. 11 r ilt ,V 0o � e"4 � w w . 1:`� 1. 0ritek`o o �/� , ,,,� o o 5 o r o :for..uo /,.. ♦�• 1 - II �1 1111 Oi 14 -2;1 11 1 IiIiIiIt?1I'w . .� �, ♦♦111111 :,, •I .�� �� �I�I avI .♦♦♦�. - , y 3 a ��p�t►o a 1,;„ .I•, r� o, ,_ J 1 Q a�i� )�k°io, V . .,, _ ! , 'X '�69+ 9b'o . , _, wwrm ii '1olkvvig / ` , Cn 0 ~O Q ory o w ,�ltc.. w,o o- ,�A ,, z u_ � O J Q p o o 'eardl. Ctip� � LL wLLw � o > , ,. t o ♦ C LuZwQvo Z , 0 .� 4)-0.�p. t..♦ I G Q 1 i ii•I m LJ z I 4 j4ç? V klial) 1j0♦0♦ 011111 z I 3.4e . .°0**>♦40 a r�j� '�i0.��s♦♦���4 c.) < Z m iihii'i'i'i' - ,..u,_._„ __., 6_ , __ - I �� i's���.�������� III ' v4, i < ill All , ,i�'� �����♦��...'4A h , �� cc 1- 0 ��� rK le V a m rit44k 9Z I. 0 d `C 8 IN 1•11 .-�� 1 IKI , ��0p (AVM-dO-1HJ121 ,09) �' Q . j d• 0I#j��0 end 011Nb11b 5 _ 5 I , .,,I ,, I O BELVEDR HOTEL L INVESTMENT ASSOCIATES ,LLC IN 0,,t #, IO, < MB 3 PG 178-177 BLOCK 85 LOT 2 _` 1 PROPERTY/RIGHT-OF-WAY LINE O,,� , O _ 1Ali �� % _ N'13°52'28"W 150.u1 _Lmm������������������� mil + . .! .!a,1,ilk'0 .r4;le6161 r9�* „ ,ii �►�O�IW53 s o of e4ATI �. 4 M ill 1 C J 'o A000� r o a (e,®y`1get4ea� -..iff•4.--• .'1•,00 tI'��j i, i. i ,„.�� t„`,;,al. p°n onoot4`sopt bg o,0 �e ; .4:4_1 f.4:it' 9tit'11:1-',.•'46 0/4,0 0,ar�a�►�a��i� ' ��tO.Al1r���N`tY"��%U Jp00 py0�:`'�1� 0.��•.pt���Q :Y.�IiF„ �CuJfj^�;' R•S�. I7�V(.Zae+0ep t/C r•,7` f���iiO,.e'<� �� 1 .y O s e O : ' Q, f/ ` in -= v tom! t� of o0;,, �c•0�coa" eo 0' 0*. ,f # y 7 &: ,,•be f.*1 �e0ee.ove , r oG�i'o,�o.r a 2 I ♦•t�r.�0OVZ>1..ie!i:0.'iKdeS-.40.vvo. 0y JS.44;<i.C'.f •* ,O4e,...,'14,et,,,t)OA 1e':n; '�JO�coot.- C...w.t1 or 3 i I d o o:i.4.o �_ � I `�OtJp��t�7t0,�lfS� Re0 ,�♦ ��.,.`7St '��t�F��Fri de e0 3°d c0^G J°j o J�J'7 t-t t �_•. tom'- #�,,`� ,'/���� C in 2 T • t.Setlt�,O,v lwo"-o j►'P,!'�j:�4- � i•6,40,r4 ��3,-ore: rtt.t �tt1 0* 1� A Ill •R� R / `� BERMUDA SOD n a es'�oM�•� o,•�b To y c;: ro:.tr.��.'.t� n ,A �_al 460 ,,,,,,,1 � (FOR REPAIR) co vI ro n�L..S�:tfi..tn CA rn I N 1;(' �LCH BED.�� EDGE OF ATLANTIC BOULEVARD EDGE OFMULCH BED, (60'RIGHT OF-WAY) I^ MULCH BED, ,,,�,,,,� TYP MB 3,PG 176 N `- BERMUDA SOD ,, , ,, ,, (FOR REPAIR) I,,, I II LEGEND ENCROACHMENT �� AREA 2,332 S.F.AND I,TH Op — — 0.0535 AC. /'l�� PROPERTY LINE U J. H'AMILTON BU HEY Lie. No. 032234 v0 7/28/2021 I GRAPHIC SCALE �kS'S G 20 0 10 20 40 I ONAL (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' 2F VIRGINIA BEACH,VA DATE 7/28/2021 SHEET 7 OF 11 I— Csl�aA f CO (9 O ati4 , X w N o �l 2 c, N 2 40 RI w cn �, .E"a z o� O CO �•G . 6 � g�~ oM T 00� p�pi� o N T N 1- 0 w N Z _g w 5' 1— Z U W w i WIINI ; II III : 6 O < 0 CC U z i w U ti 1 t U U W o 0 0 0 0 0 O tJ O 0 O U ° S� C O C G G 55�,� O ,..� O O j Z Y N,, n ,N, A ,i '2 w � _R „, m w m N 0. 9 tttttt9st & ttt W 2 w 2 0 N Q a O ii i i i 1 1 1 1 1 1 1 1 1 1 i T 0 0 e R:R F— w w zz m C •x ? t Y t x t I i I I I z U W C5 Q w I— ___ w 2 2 < n n .� r n .n =' j ` 0 0 0 0 0 Ni Ngggghhh5cghhhhW, I i 011 g - F"' lIgli ' Llil § g _ I Z --- ° w Z G = w i 1 E, ° 0 ! a = w 0 w CCI fl ! gflu ; hglllui V gPill -' 3gigi 1gg iz Z cc U. g . * Tn � a = gggm . sEg _ ° w > > w ± Z I < w Q _ CD El m fY g Cl- 9s F m 3 E t E 3 1 ,� i = C 1 S�£+ r 5 > 2 cc U = 5 ilirlar - - - ': __w -IN_ tit �j �f 0r r _ __� PARCEL A ��I•I� I''' 04 N/F I asximi ml BELVEDERE HOTEL �1�� Iii INVESTMENT ASSOCIATES,LLC ���I�MI HUNTER PGV-101G 1/ u ,,, - PROPERTY/RIGHT-OF-WAY LINE -` / 4 , I*$ tin ���1��� HUNTER PCZ-101-40 1" ,// e I Ili -0- OA• '..i•Nionngilli=r,j-,--- - — — 7 - % .." . Alliftlli . . .4 Aille ni I del tl t4 O... 'it VIM I I mP* '-7,7 kW& . ��` • NETAFIM SERPENTINE DRIPLINE � ����� ��� �as�•,,��,,� ��� . ,% ice! ♦� ��.���`�I,j�I,j�I►,� -- "1� �,� �,� / j 0,; PIPE SLEEVE / ,,� 1�, I� ui Q i �,,,#,,,� IRRIGATION ;����olm`%�z`%ws16���A ,� ,�$ a,0 mom. W�,,�, Q ' > r` II( $t4$t4;AIIj , n , i , , HUNTER,, �,, �,/i a,,,�,,,,:,,,,,,, 15' RADI US(TYP) I,, m = a, Q 03 ,, AREA TO RECEIVE DRIPLINE NETAFIM ,�,O��,�,MIRIZT �,, CAI C�4 VA#t"N - M , 03 I- ce v*O4k#S4 OsoVs440s0%, -----`*NMI"W In I I Ire L\4 0 #S# #S0s4A0t. .1140‘ z 2 0 < -3 Ag4 eV/Kt kOeltatt% ' Wrati-.g.-,k-01.16 4 ri if,1-4 ,*#%# #%#%4 AOSOW1 0 AO% 5 8 1 tiTH Op P i ,,:4:A4L jdf 6-1,,,, U J. IAMILTON BU HEY 9 Lic. No. 032234 1 9/15/2021 '4, A 4.,ssIONAL " GRAPHIC SCALE 20 0 10 20 40 (IN FEET) 1 inch= 20ft. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT IRRIGATION SYSTEM PLAN DRAWN LPM HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 20' 2H VIRGINIA BEACH, VA DATE 9/15/2021 SHEET 9 OF 11 �\\\\ N/F 44:$44% ### ''\ ' .° BELVEDERE HOTEL \ INVESTMENT ASSOCIATES.LLC (. GPIN:24280420970000 I , ♦ ♦,,, MBL 7,PG.LOT 2 PROPERTY/RIGHT-OF-WAY LINE ♦` t4. ♦♦ BLOCK 85,LOT 2 - I -���■,���4 IRRIGATION MN��■. imm� ♦♦ �i� �� Ill ���.������ r Lie MAINLINE .._�L■_.-6-�,uu, oir:19,_- \\\ ��:�Q\\\\\\\\•� N,,,` \�� 9 .\ ,. \ \ i.• \\ HUNTER PGV-101G 1 \ � HUNTER PCZ-101-40 1" 11 0,A#p.jAlf,I),,, 9 c -- i 44%,* ' /----------w',74407411 kV'tii : y-OF- A N_ lkiik,iwillii„,w 0 4.\\ —0 111 Wikl‘v-w- 0*###%**04 * ♦ Pt o AREA TO RECEIVE DRIPLINE NETAFIM ��, * ATLANTIC B b ULEVARD HUNTER MP3000 PROS-04(TYP) ♦ I I I (60'RIGH MB 3, 'G 1 6AY) O o IIIVVV HUNTER PROS-04 F i __10 15' RADIUS(TYP) — — HUNTER MP2000 PROS-04(TYP) IRRIGATION 1311 Op LATERAL LINE o jif) ile.A6.1 1. L j J. H(AMILTON BU HEY 9 Lic. No. 032234 Vt0 9/15/2021 GRAPHIC SCALE -C?Zs ANAL S 70 0 10 10 40 ` l (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�� = 20� SHEET 10 DATE 9/15/2021 OF 11 oN,TH OF/1644 A6-:, I O o U J. HAAMILTON BU HEY 9 Lic. No. 032234 rt IRRIGATION_SCHEDULE `��� 9/15/2021v OM �SSIONAL ��0 0'000'0 Hunt.PROS-04 15'maw 9 0 0 0 0 0 0 0 Hunter PROS-O4 adjusted,err 2 000 Hunter IUP2000 PROS-04 2 000 Hunter 11P3000 PROS-04 6 IRRIGATION NOTES 90EOL WelEACREERAMEI. SEU 1. ALL WORK IS TO BE IN COMPLIANCE WITH ALL LOCAL, STATE AND FEDERAL CODES AND ORDINANCES. SI Hunter PC2-101-40 1' 4 t, 2. ALL UNDERGROUND ELECTRICAL CONNECTIONS ARE TO BE MADE WITH 3—M WIRE CONNECTORS, DBY. 0 Hetatlm 1LOL-06-18 Dap Wag(20 I.1) 1 /// a to s DeoiM zzo2 Lt 3. ALL REMOTE CONTROL VALVES ARE TO BE INSTALLED IN VALVE BOXES OF APPROPRIATE SIZE. Ant4. ALL CONTROL WIRING DOWNSTREAM OF THE CONTROLLER IS TO BE 14 AWG, UL APPROVED FOR DIRECT BURY. ��J Heta6m 7lDL-oe 16 Serpentine D pros 110.8 Lt. 5. SYSTEM DESIGN BASED UPON 15 GPM ® 70 PSI. WavregorRAInnn MI 6. ANY CHANGES IN AVAILABILITY OF SUPPLY SHOULD BE NOTED AND MODIFICATIONS TO THE DESIGN SHOULD BE MADE. SO Hunter P 0-1o1c 1' 2 7. CONTRACTOR TO VERIFY WATER PRESSURE AND AVAILABILITY PRIOR TO INSTALLATION. W hook/lion VoNe 1 0 Zum 975XL 3/4' 1 6. 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. © r 1 10. 120V. TO CONTROLLER AND COPPER STUB, BY OTHER THAN IRRIGATION CONTRACTOR. Point of Connection 1' 1 ti 11. A BOOSTER PUMP IS REQUIRED IF SYSTEM DOES NOT MEET THE DESIGN PRESSURE. Irrigation Latent Lin:PVC Class 200 MR 21 1' 5962 lt. Irrigation Latent Line:PVC Class 200 SDR 21 1 1/2' 3.1 l.t. 12. THE CONTRACTOR IS RESPONSIBLE FOR THEIR OWN MATERIAL TAKE OFF. Irrigation Mainline:PVC Clore 200 SDR 21 1' 349.5 Lt. Pipe Shaw:PVC Schedule 40 2' 162.7 L1. 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 17Tki day of Alourm,?EIe , 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 Vtk CITY/COUNTY OF VI(g\Nia BeOC' , to-wit: The foregoing instrument was acknowledged before me this day of N oochn►oer , 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. \24() (SEAL) Notary Public ‘0 00Ni? Notary Registration Number: 113SgG4 : Q• • tvoT,gRy ':F • PUBLIC REG#7738966 My Commission Expires: DS I 21 (2S : :MYCOMM►ss, EXPIRESC414.- .T ;�ip'••.8/31/2025 . (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM I MATURE CITY ATTORNEY DEPARTMENT 7 ' ; . I,. ''' —�`Y l 1 �_ PARCEL A I, I T S N/F o S,TH OF ,, I -, BELVEDERE HOTEL T T o Dj :'-V, o TL - INVESTMENT 2428-04-TES,LLC ;-_� i 6" PVC FROM TRENCH DRAIN O �� l�/ INST.#202100000016 r v � - ' TO DAYLIGHT AT GRADE ON � '� " PERFORATED PVC FOUNDATION I J. AMILTON BU HEY' j��-�, CONCRETE FLUME, INV @ U ��_ T -1�RAIN WRAPPED IN FILTER FABRIC N WALL= 13.12 Lic. No. 032234 ,o4s L -�, N D7 TRENCH DRAIN & M rA 6/30/2021 .. � 1 rn CATCH BASIN 0� =1.111•11===•••••••mas — '." , ' . `40'4: _ ��iiiiii��iI�pp4, /7% I 7b _ 6 17 320 W,150.00' 41 S ZONAL At 4 ICI raglAt* 4, 1 r ; vr Ain Irv_ �,� �+♦ , �.,,., .�� # d 0��� �. .► �,,�i�rt��, U R- r� 4:0 I� 4' ' ; 's�/.L .�/✓Afib , �r MI �►. OW 1r , v —•oso* < soN ,AOV! v .r1S�rrj3F � y� oi ��►gilko •‘ `; � vr�r�• •A . It) ( V 40 o - 04,. �j �►j �t , � � V401‘ � r tt ♦0m= MAr � Ij o . ��� � � � � v ' r, r,� , Z,1 ;A",r �'� % �, , IQ ogr% o C' / ar♦ I ' a n a- r ' .T S T �• �• 1 * VERST6 ,� G, , Hi cn .40� 60 RIGHT-OF-WAY) E L � r, o , o = MB 3, PG 176 VIP" VW')• � , . \ t . .. .� r STORM SCHEDULE LEGEND OEX. STORM DI (REPLACE REGULAR GRATE W/ .0 EX. STORM DI ENCROACHMENT11 O ` EX. TOP=15.45 AREA 1,554 S.F. AND 7 BEEHIVE GRATE) EX. INV. IN=8.72(SW) 0.035 AC. k EX. TOP=13.03 EX. INV. OUT=8.72(NE) )`� EX INV. IN=9.23(SE) — — PROPERTY LINE i 1 EX. INV. IN=8.73(SW) n EX. STORM MH ,0 " 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 11 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 ®TOQ 4- 15" RCP @ 2.0% FEET 1 inch= 20ft. 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" = 20' A VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 1 OF 11 ,tiTH Op L� N. I �J. HIAMILTON BU HEY Lie. No. 032234 02D.S �0 7/28/2021i '" I Q THERMOPLASTIC HANDRAIL&FALL ›VSI ONAL e1 4. PROTECTION WITH GLASS INSERTS THERMOPLASTIC C HANDRAIL WITH POSTS .. CYLINDER GRINDERMINDER = ` ' / SKATEBOARD AND BIKE ACCESSIBLE `�( DETERRENT,OR APPROVED EQUAL CONCRETE RAMP `{I tit. �t - �� ICAST STONE WALL CAP; \ FINISH:OAKRIDGE DISCONNECTED GAS I a LINE TO BE REMOVED \ ry in b --3/4'THICK THIN ADHERED PARGE CIP CONCRETE B. MASONRY UNITS ON CIP FINISHED GRADE VARIES.SEE WALL 8 PAINT SW7042. 5'-06/B' CAL SHEET CG100. SHOJI WHITE CONCRETE;FINISH:OAKRIDGE __ H _ _ Lovell 8 r t.,a. r o''u' '• ° •+ EXISTING TO REMAIN {,n.p brii Cvr.. i O TELECOM �, �� CONNECTOR PARK 6'PVC PIPE IN i� I T W N r PAVERS-MATCH TRENCH DRAIN e EX.STM.STR.p5 N ExIS I ING FULLY- GRAN LAR BACKFILL ~ ADHERED °' MEMBRANE • FLASHING —� - -... �.. WITH FELT PROTECTIVE \ / <�,� "��' / ,,T •P•4' SHEET • e' I I � 4' � fS?T`�J+S\��i . fib. C ' / ' �� ` �' '4® \ EXISTING TO REMAIN • \/\� A ��„�\ • / l e PVC STORM PIPE �'• \\ 4� 0 ; I6'PERFORATED �_. '~ \. 9 <\.\\\ \,, \ti \. FOUNDATION DRAIN PIPE \ EXISTING TO REMAIN ,/j0'y� /\/ \.\;\ - \/\/ .(/ / /.y. /.\"-< \ �.`( < SEE CNIL DRAWINGS FOR STORM PIPE '.'0./vf QD � //` ` ` ''e ,.. ''/' <\ \!v PIPE CONNECTIONS \ I�'4// �(\�\ ///�/'/ s.`1 • / ",4, / SECTION D-SOUTH WALL RAMP-LOWERED FOOTING SCALE-1/4-1'-0' CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1/4" = 1'-0" 2A VIRGINIA BEACH, VA DATE 7/28/2021 SHEET 2 OF 11 -‘,TH OF D-eP 1 1. J. IIAMILTON BUHEY y Lie. No. 032234 �0 6/30/2021i FENCE POSTS®4'-01 O.C. SSIONAL v� —LASER-0UT ALUMINUM ����—���III--LL�LL� SCREEN;FINISH:BLACK irw x 48'L CAST STONE Q WALL CAP;FINISH: 12 OAKRIDGE:ALIGN WALL CAP SEAMS WITH CENTER _ BOOT TO COVER BASE PLATE OF FENCE POSTS&NOTCH '' TT AT EACH EDGE FOR POST. I t BASE PLATE;ANCHORS INTO CYLINDER GRINDERMINDER CONCRETE CURB PER SKATEBOARD AND BIKE MANUFACTURER'S SPEC DETERRENT,OR APPROVED 5 EQUAL vx w -3/4"THICK THIN ADHERED MASONRY UNITS ON CIP CAS STONE H OAKRIDGE CAP, CONCRETE;FINISH:OAKRIDGE a 20.3' PARGE CIP CONCRETE T PARGE CIP CONCRETE WALL&PAINT SW7042, w S FINISHED GRADE VARIES.SEE CIVIL 2' WALL&PAINT SW7042, ;;;: :: - - .�/-W i F t7 SHE. ,. h 0�Ki•fLN�C�:fi'�. - '' PAR'��,\ ,`. WALLO• �/?O &;: e SHO�` �1� 1`�Qt#1 -i �I/4//1�� t� �. 1b�:O:A`. I' 1' �. Ircl,� POOL ',�� -44 I. - GRANULAR BACKfILL • •�.y • • • • `♦ / FOUNDAOTI�ON GRAIN PIPE; z\///TED \//4v,/\ �/`/ ;z:/:\ F /� �/\\ \\// \\. //\ \ �' • ,./ SEE CIVIL DRAWINGS FOR \/T//%\y\\�\\/t\\\\,,,,*/ \} \\/\\/\\5\\S\\*\�\/�: \'\T \\�/�\ �\\�\\\/ � A Ai� v vv�.p v v� �rn• AA...'.11, PIPE CONNECTIONS 4 A A'' A ' v .(/��/�i\ r •,�Fos/�6;0 w �I // z vY,' — /'// /'�/�� ✓/ n,,,,, /` � .\NOS\ \/ y/y\\y\ .5�\/\,/ s /\/ \\'( y\ �\j/\\ \ \ \j\/\ • \ \i\\ EXISTING TO REMAIN . � A A / �, �,� / v/ \yamA VAy V /\�yTyV� TELECOM >nwi/�,/v/i/"/i i//v 5/: /v/ ^i/i/v v, 3 THY „,i T?';/may, T / �wi/G/ /� /`/ / �\\�,��\\\/ \\\\C �:�/\i%\:\% \� �' /a^`'\y'i i/" 0\ /\%`�%\ /\\ ��/ EXISTMGTOREMAIN v ////\/\>!s �`\/� kl,•,• .o ,4,//\, '/?� \•\ /V Zr �O\ i/\/: \ •/•% i✓.,,\i\ /\'�\/�•,,w��\\/ :� ///,\.�w /��//G:'..//1�i✓/.<!�/i\ \/i��i.vi\a�.h/i//.'�<\!i�//.\/.c</i�,\C� �/%ia </i\y/�\��\/�\ �/.\� \! �\�� /��n /��j//�:iy�^\ �„� ; /v�/,C�%y% �/,?�/���0,,x ;nGi FIBER OPTIC EXISTING TO REMAIN SECTION E-SOUTH WALL POOL STORM PIPE SCALE 1/4"=1'-0" CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 201 201 25-01 0306 EXHIBIT DRAWN TSE HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1/4" = 1'-0" 2B VIRGINIA BEACH, VA DATE 6/30/2021 SHEET 3 OF 11 i �I ACCESSIBLE OP y !,1 ci, CONCRETE RAMP 1 / , 7 (TRENCH DRAIN NOTE // � j,3 SHOWN) l(./ I0$ HANDRAIL 8 FALL PROTECTION; J. I1IAMILTON BU HEY` l- a r SEE ARCHITECTURAL PLANS. x imp, a'R Lie. No. 032234 it6"PVC FROM TRENCH DRAIN I0 6/30/2021 i it ! TO DAYLIGHT AT GRADE ON i,i WALL CONCRETE 13.12 LUME,INV @ ��`�IONAL #(' --- i�, -I — EX (REPLACE REGULAR GRATE W/BEEHIVE GRATE) 1 EX TOP=13.03 f,! i, SEAL THE 15"RCP EX INV.IN=9.23 AROUND THE PROP.INV. IN=10.65(15"RCP,N) 1 6"FOUNDATION DRAIN I EX INV. OUT=8.67 6"PVC PIPE TO __ _ CONCRETE TRENCH DRAIN `FLUME 1 T EXISTING GRADE r I _- - -- ' -_ _ice- 4 LF-15" T ' GRANULAR RCP 1 BACKFILL ,�i.. 2.0% 10.58 1 --j 1.7' I9.17— D7 6"FOUNDATION DRAIN TO INV. 10.73 DAYLIGHT INTO 15"RCP - 7'4" INV.=10.75 1 STORM SEWER D7 TO EX 5 SECTION SCALE 1"= 3'-0" CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT DRAWN TSE/BTC HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB 2C VIRGINIA BEACH, VA SCALE: 1 = 3-0 DATE 6/30/2021 SHEET 4 OF 11 16/I �� PARCEL A I I. 4( - -I N/F - BELVEDERE HOTEL I p `� 1T Op �1� / ` . INVESTMENT ASSOCIATES,LLC o �`� �� GPIN:2428-04-2067 � iii G'r INST.#202100000016 PROPERTY/ PROPERTY/ UJ. AMILTON BU HEY-' RIGHT-OF-WAY LINE I RIGHT-OF-WAY LINE ' c\ic� Lie. No. 032234 p \ I M 6/30/2021 2 — - �— /S76°0T32"W 15000' IONAL gas �fO 24"RCP or4 RCP 7- _ LANDSCAPED c.l - 15 +I i� o 0 ugt 11- �uSi—�i t c7 ust = LLi Q SEAT WALL START I SEAT WALL ENDS > > t�, SEAT WALL I \_° J . �O C7 / % D LI- — (SEE EXHIBIT 2A)U U RELOCATED COLONIAL F- I' 0- 52.4' > ISTREETLIGHT, (TYP OF 3; I I m I- a J 2 co102 6' .! SEE NOTE BELOW) U M z2m Ce2 113.0' 36TH STREE' -i , %T c/3oQ (60' RIGHT-OF-WAY)-Y- a f`' 3,NOTE: ELECTRICAL CIRCUIT FOR EXISTING STREETLIGHTS SHALL BE RELOCATED/EXTENDED TO THE STREETLIGHTS IN THEIR NEW LOCATIONS. GRAPHIC SCALE 20 0 10 20 40 MMEN Inn (IN FEET) 1 inch= 20ft. 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POC ,,Z I I / GPIN:2428-04-2067 I I I 1 I 1 1 I INST.#202100000016- PROPERTY/RIGHT-OF-WAV LINE 1 r 1 1 1 1 I '"1 45J9 HUNTER PGV-101 G 1" • ,V ! ...__..._., _ HUNTERPcZ-1Oi-4o1" ,e ('ice i� r e '� '�- •• ��,�` NETAFIM SERPENTINE DRIPLINE 4;7-17-77--rA �e.,o- � �,�,�,V e �; I, - PIPE SLEEVE ��01V�•1,�,�,�, . ,A Lu < —v.v i , IRRIGATION ��,� 7/ ;=I��,'7r 101..1 ,� ,�,,, A. •�,�, Q / Q ,I,,,I,,, MAINLINE ,�� � ;` ��I �I,� HUNTER PRO 4 , `•T,,-' li IT ,� ° 9 Cl- �#,O�OO � I,— I,#VI,4j�I �SI,�*I14 SO S 15' RADIUS(TYP) IVo a,�,Q , m ,I AREA TO RECEIVE DRIPLINE NETAFIM ,,�,e,�,t1— IX 2 AVVSOVSOSSSA r ''--- ,�l,�,�,O, ,, , �44** 44 0-11 r I I g 1 V 46. -\° I*A AAA i•—•4#*#e ci 5 2 1 < b SA#VS#VSON AO% 1 i eke 4 4To VI i. 1"OsoWvAS""Ai 1 0"Sy --' _ci 3, ; (-If D-A r '''' AAA#SAA.*#* Y. ° 'V' "44'44? *0 • , ies* * —<< ���,TH Op �� I Q1 HIAMILTON BIJ41EY'*t Lie. No. 032234 10 9/15/2021 „...SSICNAL GRAPHIC SCALE - 20 0 10 20 40 INIIMII (IN FEET) 1 inch= 20ft. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT IRRIGATION SYSTEM PLAN DRAWN LPM HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 20' 2H VIRGINIA BEACH,VA DATE 9/15/2021 SHEET 9 OF 11 ♦♦�1°00�� I N/F I BELVEDERE HOTEL (' INVESTMENT ASSOCIATES,LLC ♦,,\� �♦♦,♦ �,.\ GPIN:24280420970000 I �� ♦;��� \ -- MB 0,PG 176-177 PROPERTY/RIGHT-OF-WAY LINE BLOCK 85,LOT 2 IRRIGATION .n11T7A' ` s.� ♦ ��'0 ' I N= == MAINLINE . OrwArri-zi - x J• /� `\ HUNTER PGV-101 G 1 \� HUNTER PCZ-101-40 1" 11 El 4 ••In,,,84kW4P" NO #.*# ‘1,741 - K v,.._....,.,..... \ N NM,.,r.. 1 ♦ * 0 • •\\\\ \��, ♦♦;, ♦,� ♦ • AREA TO RECEIVE DRIPLINE �AFIM,,,, ASS* 0&##%1/A, • ATLANTIC B A ULEVARD HUNTER MP3000 PROS-04(TYP) ♦♦♦ , (60'RIG'G 1 WAY) v , ♦;,, ,,, M63, 'G176 (ID ♦ , HUNTER PROS-04 ® ® ,,�"ed 15' RADIUS(TYP) HUNTER MP2000 PROS-04(TYP) IRRIGATION 1,TH OF LATERAL LINE 0 (e Lr� ,„ ,..., „..‘ 8J. HIAMILTON BU HEY"; Lic. No. 032234 t 9/15/2021 20 GRAPHIC SCALE 0 10 20 4a ��SSIONAL �ti (IN FEET) 1 inch= 20ft. CITY RIGHT-OF-WAY ENCROACHMENTS DESIGNED JHB PROJECT: 20120125-010306 EXHIBIT IRRIGATION SYSTEM PLAN DRAWN LPM HYATT PLACE VIRGINIA BEACH OCEANFRONT CHECKED JHB SCALE: 1" = 20' 21 VIRGINIA BEACH, VA DATE 9/15/2021 SHEET 10 OF 11 �0I,TH OF O Q4,44 4 J. H<AMILTON BU HEY 5. Lie. No. 032234 IRRIGATION_SCHEDULE Ao� 9/15/2021v d 9 Hunter PROS-04 15' ra8ue 9 SIGNAL 0 0 0 0 Q O 0 hunter PROS-04 adjustable arc 2 000 Hunter MP2000 PROS-04 2 000 Hunter 11P3000 PROS-04 6 IRRIGATION NOTES OM M4NUFACIURER/MODFi all( 1. ALL WORK IS TO BE IN COMPLIANCE WITH ALL LOCAL, STATE AND FEDERAL CODES AND ORDINANCES. eil Hunter PCZ-101-40 1' 4 .� 2. ALL UNDERGROUND ELECTRICAL CONNECTIONS ARE TO BE MADE WITH 3—M WIRE CONNECTORS, DBY. 0 Netalm T1DL-06-16 Drip Ring(20 If.) 1 j Area to Receive Dripine 3. ALL REMOTE CONTROL VALVES ARE TO BE INSTALLED IN VALVE BOXES OF APPROPRIATE SIZE. Netafhn 11DL-06-16 2.202 If. 4. ALL CONTROL WRING DOWNSTREAM OF THE CONTROLLER IS TO BE 14 AWG, UL APPROVED FOR DIRECT BURY. Hala6m 1tDL 06-16 Serpentine D plhs 110.8 II 5. SYSTEM DESIGN BASED UPON 15 GPM 0 70 PSI. MOM WttE alUB 220 6. ANY CHANGES IN AVAILABILITY OF SUPPLY SHOULD BE NOTED AND MODIFICATIONS TO THE DESIGN SHOULD BE MADE. Hunter PCV-101c 1' 2 7. CONTRACTOR TO VERIFY WATER PRESSURE AND AVAILABILITY PRIOR TO INSTALLA110N. W isolation Vane 1 Zurn 975XL 3/4" 1 8. THE LOCATION OF ALL IRRIGATION IS DIAGRAMMATIC AND SUBJECT TO FIELD VERIFICATION. Q Hunter PC-400 1 9. ANY IRRIGATION PIPING SHOWN OUTSIDE OF CURBS FOR CLARITY ONLY. 0 Hunter NR-CLK 1 10. 120V. TO CONTROLLER AND COPPER STUB, BY OTHER THAN IRRIGATION CONTRACTOR. Point of Connection 1' 1 ki 11. A BOOSTER PUMP IS REQUIRED IF SYSTEM DOES NOT MEET THE DESIGN PRESSURE. Irrigation Lateral Une:PVC Clan 200 SCR 21 1" 596.2 U. Irrigation Calera Line:PVC Clone 200 MR 21 t 1/2' 3.1 II 12. THE CONTRACTOR IS RESPONSIBLE FOR THEIR OWN MATERIAL TAKE OFF. — — — — irrigation Martine:PVC Clan 200 SOR 21 1" 349.5 U. Pipe Sleeve: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 .„_------ _--.-- -------- ----- _------ __----- - - ,..,„..ow• ‘,..00".." 'wow" ...•'" 0.w. ,o "# ,.., ----- --- __--------- ._ ..,...` _ _---- „0,00."4"" "4°.'w ._--- __-- - --- ,..6 --,---"---------- ow. ..,.,,ow. E e 0..„,.., „...,..,..ww,w.'` 2 i i a . _- 1 a. :,...i.0"„„„..„- _ „,„„„.„.,,,,.,,,,, -, . 5 . . IR 0 > Om NI •-, , < 0 7, • • • r S 1= z - cn ..-------- Z es 8 o ,-, (C. r) .- Vt, vE ..,, ovartic A - cri tkik (...) -----\\ 0 .._, coE _ ivp.,._ • __,...... _........_ 1...60incAvt . . ....--------- r-- \ S _..., t — 'Hi----- \I \ 8 LILI >Its' A : S ___------- th ' Y. 01 < 0 ___..-"------------ .44 P \ 1 ----.1 Z. ' 8.0 Z 5 < . 0 i co oc, ...., ,., P. N t -------- I. -.= i ___----- ______-- , . \ l 36 ITEM— VLJ.6 ORDINANCES/RESOLUTIONS ITEM#72474 The following registered to speak: Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, requested deferral Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED 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) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones *John D.Moss *Council Member Moss read his letter of abstention and stepped out during the subsequent discussion and vote, attached hereto and made a part of the record. February 1, 2022 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 1st day Of February , 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 Ci 's ice CA15680 R-2 January 26, 2022 G1141A BE4c,, , � City of Vi rgi ni a Beach Tit 94-s OF (IRNAII0N VBgov.com PHONE:(757)636-1534 JOHN MOSS JDMOSS@VBGOV.COM COUNCIL MEMBER-AT-LARGE February 1, 2022 Dear Fellow Virginia Beach Residents: To my fellow residents and collective employer this is a preface to a more detailed disclosure to follow that has been reviewed by the City Attorney to ensure that it comports with the disclosure I have to make on the School Board's Reversion Funding Request Resolution on City Council's agenda item next on the table for consideration. As late as last Wednesday afternoon, I received a call from Deputy City Attorney Rod Ingram, informing me that he was composing a disclosure letter for my execution to inform the public that my spouse is a teacher in the employ of the School Board and that being the case I judged myself able to objectively assess the issue at hand, cast a vote, and act in the public's best interest. It was Mr. Ingram's call that first alerted me to the fact that this ordinance would be considered tonight. Therefore, I engaged in composing an analysis to educate the public and my colleagues on the merits of the School Board's request. Yesterday afternoon at 4:40 pm, I was informed in a telephone call with City Attorney Mark Stiles and Mr. Ingram that the legal understanding that was the foundation of Mr. Ingram's call to me last Wednesday and under which I had been working was based on a prior Attorney General written opinion that was likely supplanted by a more recent opinion issued by the Commonwealth's Attorney. As a result of that call I immediately requested, through the City Attorney's Office, an opinion from the Commonwealth's Attorney who was kind enough to provide that opinion on an expedited basis. The Commonwealth's Attorney's opinion is that because the ordinance presently before the Council relates exclusively to the School Board, I must refrain from participation in the discussion or vote on this item because of my wife's employment by the School Board. If this item dealt with the broader budget, including other offices, departments and priorities, I would be able to participate and vote. The prior opinion of the Attorney General did not specifically address this distinction. 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 • February 1, 2022 Page 2 Needless to say, this news received just yesterday afternoon, Monday, January 31, 2022, at 4:40 pm on such extremely short notice in advance of today's meeting and providing no opportunity to revisit the Commonwealth's Attorney's opinion with the Attorney General in a timely fashion was disappointing. I know now just a little bit the feeling of the Commander on the eve of the battle being called home to deal with a personal illness whose treatment could not be delayed. I regret that my work on the people's behalf will not be entered into the record and deliberations this evening. I will however be able post the disposition of this effort tonight to make my analysis available to the public though I will be precluded now and in the future from engaging my council peers or city staff on the issue, unless the issue ever becomes an element of a larger issue such that it is not a singular School Board focused consideration of City Council. Post tonight's meeting the draft such it was developed as of 4:40 I will post on social media and read publicly on social media for the public's education. The City Attorney has orally advised me that the former action is not legally precluded. If my understanding of the City Attorney's legal counsel is incorrect, I request that he advised me to that effect at the conclusion of my statement. Now I will read the opinion of the Commonwealth's Attorney, an opinion I will request the Attorney General Jason Miyares to revisit. Sincerely, r _ il/L 'John D. Moss Cc: City Clerk Council Member Moss's personal file Social Media distribution 1 AOTIWEALTH OF VVG� Commonwealth's Attorney C s ; t ' Deputies "' Colin D.Stolle Wendy Alexander ' s Tabitha B.Anderson Chief Deputies A Sara R.Chandler Susan G.Hooks '_ Patrick J.Connolly Scott M.Lang '+.,w•+ Vivian F.Henderson David W.Laird OFFICE OF THE COMMONWEALTH'S ATTORNEY Paul J.Powers CITY OF VIRGINIA BEACH 2425 Ninuno Parkway Virginia Beach,VA 23456-9050 (757)385-4401 FAX(757)385-1288 TDD:711 www.vbgov.com/oca Direct Dial. (757) 385-8978 February 1, 2022 Council Member John Moss Office of the City Clerk 2401 Courthouse Drive #281 Virginia Beach, VA 23456 Dear Councilman Moss: In an email from Deputy City Attorney Roderick R. Ingram dated January 31, 2022, an opinion was requested under the Virginia Conflict of Interests Act regarding your participation in Virginia Beach City Council discussions and voting regarding an ordinance to "Establish Capital Projects 1-030 and 1-031 and to appropriate $54,938,822 in FY Schools Reversion and Revenue Sharing Formula Funds" (hereinafter"Capital Projects Ordinance") Specifically, given your spouse's employment by Virginia Beach City Public Schools (VBCPS), you ask whether the Virginia Conflict of Interests Act prohibits you from participating in the discussion and voting on this matter? According to the email, your spouse is employed by VBCPS and earns more than$5000 annually from this employment. Virginia Code §2.2-3112 prohibits any participation by a government officer in a transaction where the officer has a personal interest. A "personal interest" is defined as, inter alia, "annual income that exceeds, or may reasonably be anticipated to exceed, $5,000 from "salary, other compensation, fringe benefits..."that accrue "to an officer or employee or to a member of his immediate family." "Immediate family" is defined to include, inter alia, a spouse. A "personal interest in a transaction" exists when the officer has a personal interest in the subject of the transaction, or"may realize a reasonably foreseeable direct or indirect benefit [or detriment]...as a result of the action of the agency considering the transaction." Virginia Code §2.2-3101. February 1, 2022 Page 2 As such, it is my opinion that as a result of your spouse's employment by VBCPS,you have a"personal interest in a transaction"that is currently before the City Council related to the Capital Projects Ordinance. § 2.2-3112 states the following: A. Each officer and employee of any state or local governmental or advisory agency who has a personal interest in a transaction shall disqualify himselffrom participating in the transaction if (i) the transaction has application solely to property or a business or governmental agency in which he has a personal interest or a business that has a parent-subsidiary or affiliated business entity relationship with the business in which he has a personal interest or (ii) he is unable to participate pursuant to subdivision B 1, 2, or 3. Any disqualification under the provisions of this subsection shall be recorded in the public records of the officer's or employee's governmental or advisory agency. The officer or employee shall disclose his personal interest as required by subsection E of§2.2-3114 or subsection F of§ 2.2-311 S and shall not vote or in any manner act on behalf of his agency in the transaction. The officer or employee shall be prohibited from (i) attending any portion of a closed meeting authorized by the Virginia Freedom of Information Act ((2.2-3700 et seq.) when the matter in which he has a personal interest is discussed and (ii) discussing the matter in which he has a personal interest with other governmental officers or employees at any time. B. An officer or employee of any state or local government or advisory agency who has a personal interest in a transaction may participate in the transaction: 1. If he is a member of a business,profession, occupation, or group of three or more persons the members of which are affected by the transaction, and he complies with the declaration requirements of subsection F of§ 2.2-3114 or subsection H of'2.2-311 S; 2. When a party to the transaction is a client of his firm if he does not personally represent or provide services to such client February 1, 2022 Page 3 and he complies with the declaration requirements of subsection G of'2.2-3114 or subsection I of§2.2-3115; or 3. If it affects the public generally, even though his personal interest, as a member of the public, may also be affected by that transaction. The use of the word "or" in § 2.2-3112(A) sets out two independent situations under which officers and employees of a state or local governmental agency who have "a personal interest in a transaction" as that is defined in §2.2-3101 are required to disqualify themselves. Generally, phrases separated by the disjunctive "or," are independent. See, e.g., Ruben v. Secretary of HHS, 22 Cl. Ct. 264, 266 (1991) (finding that, the word"or" connects two parts of a sentence, 'but disconnect[s] their meaning"); Quindlen v. Prudential Ins. Co., 482 F.2d 876, 878 (5th Cir. 1973) (noting disjunctive results in alternatives, which must be treated separately); United States v. Riely, 169 F.2d 542, 543 (4th Cir. 1948) (interpreting the use of a comma and the disjunctive "or" as implying two separate and independent phrases in a Virginia statute authorizing payment of dividends by corporation"out of net earnings, or out of its net assets in excess of its capital"). See also Smoot v. Commonwealth, 37 Va. App. 495, 501, 559 S.E.2d 409, 412 (2002) (internal citations omitted). Firstly, under §2.2-3112(A) (i) such an officer or employee would be required to disqualify themselves from transactions that applied solely to the property, business, or governmental agency in which the officer or employee has a personal interest. Secondly, under §2.2-3112(A)(ii) such an officer or employee would be required to disqualify themselves if they were prohibited from participating under subdivision B(1), (2), or (3). I am aware of the Opinion of the Attorney General dated September 18, 2020 and addressing the application of§2.2-3112(B)(1) to whether a school board member would be permitted to participate in a transaction which would apply to a large group of people, including the school board member's spouse. The Attorney General concluded under the application of §2.2-3112(B)(1), since there were more than three (3) people in a group that included the school board member's spouse, the school board member could participate so long as there was also compliance with the requirements of§2.2-3115(H). That opinion did not address the application of§2.2-3112(A)(i). As set out in §2.2-3112(A)(i), officers and employees having a personal interest in a transaction must disqualify themselves if"the transaction has application solely to a ... governmental agency in which he has a personal interest." The distinction between the prohibition contained in §2.2-3112(A)(i) and the exemption provided for in §2.2-3112(A)(ii) through reference to §2.2-3112(B)(1), (2), and (3), is that the exemptions only would apply in circumstances where the transaction did not "have application solely to ... a governmental agency" in which there is a personal interest. Where the transaction at issue applies solely to the VBCPS, the terms of§ 2.2-3112(A)(i) would control and you would be prohibited from attending any portion of a closed meeting authorized by the Virginia Freedom of Information Act February 1, 2022 Page 4 when the matter is discussed and discussing the matter with other governmental officers or employees at any time. For these reasons, it is my opinion that in any transaction that would solely apply to the VBCPS, such as the Capital Projects Ordinance, you would be prohibited by the terms of§ 2.2- 3112(A)(i) from participating. You would be required to disqualify yourself and you would be prohibited from (i) attending any portion of a closed meeting when the matter is discussed and (ii) discussing the matter with other governmental officers or employees at any time. Finally, the Act recognizes "that our system of representative government is dependent in part upon...its citizens maintaining the highest trust in their public officers and employees." Virginia Code § 2.2-3100. To that end, the Act is construed liberally to accomplish that purpose. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented would affect the public's trust in its officers. Sincerely, 417/Z- Colin D. Stolle Commonwealth's Attorney /adh cc: Mark Stiles, City Attorney 37 ITEM— VLJ.7 ORDINANCES/RESOLUTIONS ITEM#72475 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY CONSENT, 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 Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Louis R.Jones February 1, 2022 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 13 t day of February , 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 38 ITEM— VI.J.8 ORDINANCES/RESOLUTIONS ITEM#72476 Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to CONFIRM the Declaration of a Local Emergency re Winter Storm Kenan Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO WINTER STORM KENAN 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 Kenan, Governor Youngkin issued a State Declaration of Emergency on January 16 27, 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 28, 2022, effective at 12:00 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 28, 2022, a 27 copy of which is attached hereto and incorporated by reference; and hereby ends the 28 declared emergency, effective January 31 , 2022, at 11 :59 p.m. 29 Adopted by the Council of the City of Virginia Beach on the 1st day of February , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Offi CA15690 R-1 January 28, 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 28,2022 at 1200 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 (Date) 39 ITEM— VLK.1 PLANNING ITEM#72477 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Tuck Bowie, 4705 Columbus Street, Phone: 435-6268, requested deferral Claudia Cotton, 2117 Smith Avenue, Chesapeake, Phone: 472-0345, requested deferral Mark Ricketts, 2305 Waterpump Circle, Phone: 718-2166, requested deferral After City Council discussion, Vice Mayor Wilson made a motion, seconded by Council Member Branch, to REFER BACK TO PLANNING COMMISSION, Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Storm water Impacts for Discretionary Land Use Applications (Deferred from January 4, 2022) Council Member Moss then made a SUBSTITUTE MOTION,seconded by Council Member Henley, to APPROVE Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications(Deferred from January 4, 2022) Voting: 5-5 (DUE TO A TIE VOTE, THE SUBSTITUTE MOTION FAILED) Council Members Voting Aye: Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse and Guy K. Tower Council Members Voting Nay: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 40 ITEM— VLK.1 PLANNING ITEM#72477 (Continued) Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council REFERRED BACK TO PLANNING COMMISSION, Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Storm water Impacts for Discretionary Land Use Applications (Deferred from January 4, 2022) Voting: 6-4 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Aaron R. Rouse, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M.Henley,N.D. "Rocky"Holcomb,John D.Moss and Guy K Tower Council Members Absent: Louis R.Jones Immediately following the vote, Council Member Rouse advised he misunderstood the motion. Council Member Rouse then made a motion to RECONSIDER, seconded by Council Member Moss Voting: 8-2 (VOTE WILL BE RECONSIDERED) Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Linwood O. Branch Vice Mayor Rosemary Wilson Council Members Absent: Louis R.Jones February 1, 2022 41 ITEM— VLK.1 PLANNING ITEM#72477 (Continued) After City Council discussion, Vice Mayor Wilson made a motion, seconded by Council Member Branch, to REFER BACK TO PLANNING COMMISSION, Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications (Deferred from January 4, 2022) Voting: 5-5 (DUE TO A TIE VOTE, THE MOTION FAILED) Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, N. D. "Rocky"Holcomb,John D. Moss, Aaron Rouse and Guy K. Tower Council Members Absent: Louis R.Jones Council Member Holcomb then made a motion, seconded by Council Member Moss, to DEFER TO FEBRUARY 15, 2022, Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications(Deferred from January 4, 2022) Voting: 8-2 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb,John D.Moss,Aaron R.Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi Linwood O. Branch Council Members Absent: Louis R.Jones February 1, 2022 42 ITEM— VLL APPOINTMENTS ITEM#72478 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD February 1, 2022 43 ITEM— VLL APPOINTMENTS ITEM#72479 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ALICIA PHILLIPS PEOPLES Unexpired thru 6/30/2022 Plus,four year term 7/1/2022—6/30/2026 ARTS AND HUMANITIES COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R. Jones February 1, 2022 44 ITEM— VI.L APPOINTMENTS ITEM#72480 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: WALTER GRAHAM (Representing Planning Commission, Lynnhaven District) 2/1/2022—12/31/2022 BAYFRONT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 45 ITEM— VLL APPOINTMENTS ITEM#72481 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: DEE OLIVER (Representing Planning Commission) One year term 1/1/2022—12/31/2022 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 46 ITEM— VLL APPOINTMENTS ITEM#72482 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: DEAN DENSMORE Unexpired thru 8/31/2022 Plus, three year term 9/1/2022—8/31/2025 COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 47 ITEM— VLL APPOINTMENTS ITEM#72483 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: HAYDEN DUBAY Three year term 2/1/2022—1/31/2025 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 48 ITEM— VLL APPOINTMENTS ITEM#72484 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: PHILIP KAZMIERCZAK (Representing Citizen Member) Unexpired term thru 9/30/2023 HOUSING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R. Jones February 1, 2022 49 ITEM— VLL APPOINTMENTS ITEM#72485 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: GREGORYNOSAL Five year term 3/1/2022—2/28/2027 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 50 ITEM— VLL APPOINTMENTS ITEM#72486 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JOHN ROUSH (Representing Resident in APZ-1) Five year term 2/1/2022- 1/31/2027 OCEANA LAND USE CONFORMITY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R. Jones February 1, 2022 51 ITEM— VI.L APPOINTMENTS ITEM#72487 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED CITY COUNCIL LIAISON: LINWOOD O. BRANCH OPEN SPACE ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 52 ITEM— VLL APPOINTMENTS ITEM#72488 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JOHN MOXEN Unexpired thru 6/30/2022 Plus,four year term 7/1/2022—6/30/2026 SOCIAL SERVICES AD VISOR Y BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 53 ITEM— VLL APPOINTMENTS ITEM#72489 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: WILLIAM BROWN (Representing Development Authority) 3/1/2022—8/31/2024 TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Louis R.Jones February 1, 2022 54 NEW BUSINESS ITEM#72490 Council Member Holcomb expressed there is always sadness whenever law enforcement officers are asked to, "drape their badges", advising today there was a disaster involving the deaths of two (2)public safety officials who lost their lives at Bridgewater College. Council Member Holcomb advised the City also lost a true hero in Master Sergeant Dave Nieves who passed away. Council Member Holcomb expressed the loss of Master Sergeant Nieves will leave a hole in the hearts of all who knew him. February 1, 2022 55 ADJOURNMENT ITEM#72491 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:35 P.M. -- r Terri K Chelius Chief Deputy City Clerk ALM A . a :s �s, MIC Robert M. Dyer City Clerk Mayor February 1, 2022 56 OPEN DIALOGUE The following registered to speak: Melissa Lukeson, 1884 Wolfsnare Road, Phone:289-9003, spoke in SUPPORT of collective bargainingfor City employees Barbara Messner, P. O. Box 514, expressed her frustration with City Council ADJOURNED at 7:43 P.M. February 1, 2022