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MARCH 1, 2022 FORMAL SESSION MINUTES
r G‘N1A$E4N': Y. 4 r J �:'+S4t�'$$a ..C'2 0 Of OI.R hA?t J VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 1, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday, March 1, 2022, at 1:30 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Barbara M. Henley—Arrived at 1:36 P.M N. D. "Rocky"Holcomb—Out of Town Louis R. Jones—Arrived at 1:36 P.M Vice Mayor Rosemary Wilson—Out of Town o' rho City of Virginia Beach i'' .f A Yy Z 99,ts ali$ I4 0E OF owl Nook S \Bgo .com N.D."ROCKY"HOLCOMB CELL PHONE:(757)416-2343 COUNCIL MEMBER RHOLCOMB 3 VBGOV.COM DISTRICT 2-KEMPSVILLE February 28, 2022 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be out of town on pressing family business for the March 1, 2022, meeting. Sincerely, r.46 N.D. "Rocky"Holcomb Cc: City Clerk City Attorney City Manager FOIA Officer 2401 COURTHOUSE DRIVE,SUITE#281,VIRGINIA BEACH,VIRGINIA 23456 c� City of Virginia. B each ouR a vt VBgov.com ROSEMARY WILSON PHONE:(757)422-0733 RCWilsonAvbgov.com COUNCIL MEMBER—AT-LARGE February 24, 2022 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be out of town and unable to attend the City Council meeting on March 1, 2022. Sincerely, Rosemary Wilson City Council Member At Large Cc: City Clerk City Attorney City Manager FOIA Officer 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 2 CITY COUNCIL'S BRIEFING GENERAL ASSEMBLY LEGISLATIVE UPDATE ITEM#72536 1:31 P.M. This presentation was canceled March 1, 2022 3 CITY MANAGER'S BRIEFINGS PEMBROKE MALL REDEVELOPMENT ITEM#72537 1:33 P.M. Mayor Dyer welcomed Taylor V.Adams, Deputy City Manager. Mr.Adams expressed his appreciation to City Council for their continued support: . ram, Y Pembrokeuare Asoci es' A Redevelo meat r P Taylor Adams, Deputy City Manager City Council Public Briefing March 1, 2022 Here are the Disclosures: Disclosures • Owners/Applicants: Pembroke Square Associates • Vincent R.Olivieri • Robert V.Olivieri • John E.Olivieri • Michael V.Olivieri • Vincent A. Napolitano • Frederick J. Napolitano • John C. Napolitano • Financing: Towne Bank • Architect: Kahler Slater • Engineer: Kimley Horn • Legal: Fagged & Frieden Economic Development I March 1.2022 I City Council Public Briefing 2 March 1, 2022 4 CITY MANAGER'S BRIEFINGS PEMBROKE MALL REDEVELOPMENT (Continued) Pembroke Square Associates request the City to cost participate in two public parking garages as part of the proposed master redevelopment of Pembroke Mall Economic Development l March 1.2022 l City Council Public Briefing 3 This before and after graphic shows the proposed senior living complex in the Northeast corner of the site: Transition from Mall to Mixed-Use Community Ito_ - ##,„ . 11 _ tj. pp, f • . 4 - - ari t �� - e I t I( �' 1 TI yN` it. ► 'r sot Economic Development March 1,2022 City Council Public Briefing - 4 March 1, 2022 5 CITY MANAGER'S BRIEFINGS PEMBROKE MALL REDEVELOPMENT (Continued) Here is an overview of the proposed Redevelopment of Mall to Mixed-Use Community: Redevelopment of Mall to Mixed-Use Community • The Future:Mixed Use Community with l°A gt'-* #11'.111W-' residential,office,hotel,entertainment, i 6..s••••'•• restaurants,services,fitness facilities and retail £ 1a �•s• h. uses I • The Path Public Participation to fund •,r , construction and operation of garages • The Process: Phased redevelopment shovel - . - ready for all economic development opportunities • The Place:Focus on the community via - 4. 1' placemaking,the pedestrian and urban green areas se Economic Development I March 1 2022 I City Council Public Briefing — *" 'P_ A Here is Phase I—Senior Living: Phase I — Senior Living = 7111 • A$49 M, privately dig 111 j III y_t 1153nuniaSeniory +`ir4i 1111 ii , '�• ~ip living community • Surface Parking • Located at the Northeast corner ; of the site AER,Al TO SOUTHEAST 6 Economic Development I March 1,2022 1 City Council Public Briefing - March 1, 2022 6 CITY MANAGER'S BRIEFINGS PEMBROKE MALL REDEVELOPMENT (Continued) Here is Phase II—Multifamily and Garage: Phase II — Multifamily and Garage • A$69 M, 5-Story, _ . 324-market rate unit community over two levels of parking and • I \ , ground floor retail 1' I (8 stories total) a� 1 3 : ` • Located in the o,, ... _Ir. .,,' _,' ' r central area of —" , ••_ • • .- 0 Ail„,,,,,,,::_._.. , ,_ existing Mall :,r _ ► _ -- - 14,1 PRIMARY FACADE Economic Development I March 1 2022 I City Councl Public Briefing Jors^ Here is Phase III—Hotel and Garage: Phase III — Hotel and Garage • A$43.4 M, 209- room hotel over a 3-story parking 0 �` garage I 0k "k4 • Located along I '� �`u,, II jam; nb ��,yf Virginia Beach "� . Blvd (Former R'�1�,' • ����Suntrust Site) iI +- ~ M , 9 •mew arr•�� � - HILTON DUAL BRAND HOTNL DAYTIME RENDERING vwc,ti,.aeAc..v,wo,H• - - is�u,+•zoz, I p Economic Development I March 1,2022 I City Council Public Brefing V March 1, 2022 7 CITY MANAGER'S BRIEFINGS PEMBROKE MALL REDEVELOPMENT (Continued) Redevelopment Plan Bird's Eye was ____-- . Nyti�o .tea..16 i I I i - � _____ �-6m yishase I t �_. '1i� ,.. ; , _Senior ` Y Z mi. '` Living ' -. _ `�.,1,-,,...,.,„,,,;;;;- I—1 r 'it 1 E->cy ' - e Here is an overview of Subsequent Phases—Office: Subsequent Phases - Office • Two Office Towers 1 • Two parking a garages x • Ground floor retail • Estimated$240M ..........,.. Total Development ''' ' Cost __ s c,nomic Gewe:opmenr I^larch 1.2022 I City Co,I Public Briefing 10 March 1, 2022 8 CITY MANAGER'S BRIEFINGS PEMBROKE MALL REDEVELOPMENT (Continued) Here is Pembroke Strategic Growth Area Plan: Pembroke Strategic Growth Area Plan • High Density Development • Mixed-Use • Connectivity • Pedestrian-friendly • Open Space • Parking Systems Economic Development I March 1.2022 I City Council Public Briefing 11 Here is the Summary: Summary • Phase I Private Investment $49 M • Phase II Private Investment $69 M • Phase III Private Investment $43.4 M • Total Private Investment P I-Ill $161.4 M • Requested Public Investment $24 M ($30,000/space) • 2 Public Garages Economic Development I March 1.2022 1 City Council Public Briefing 1 2 March 1, 2022 9 CITY MANAGER'S BRIEFINGS PEMBROKE MALL REDEVELOPMENT (Continued) The developer is requesting the City to cost participate in two (2)public garages: Request to Consider y��` ,.'��s . � % .' I4 i t_a o9 o t It, . =s l :_-�`, Phases Pembroke Square Associates 1 1 - PajI I I request the City to cost �'� participate in two public parking 0 rM } 1, A garages as part of the proposed t —' master redevelopment of ` 'l' • ' Pembroke Mall `.1 ..• 1,1 i a , • jig t ie+ b.bf ,,,,_ 4 it._ t ., , ,i iailk Associates im M Fr. Economic Development I March 1,2022 I City Council Public Bnefing — -`11` -- sr tom -13 Here is the Estimated Fiscal Impact—Assumptions: Estimated Fiscal Impact — Assumptions • Parking Garages: • Two parking garages-total 808 parking spaces • Cost per parking space-$30,000 City Max • General Fund pay debt service associated with total issuance of$24 M Bonds • Revenue from the project anticipated to begin in FY 2024 • Fiscal Impact includes all projected Real Estate General Fund Revenue to occur from development • To ensure revenues remain within the General Fund,dedication of the Real Estate revenue equivalent to the revenue generated would need to occur within the General Fund • Establishment of a Special Service District(SSD)-$0.45 to support: • Debt Service for design and developer construction gap$5,000 per space($5.5 M) • Garage maintenance$275 per space Economic Development I March 1.2022 I City Council Public Briefing 14 March 1, 2022 10 CITY MANAGER'S BRIEFINGS PEMBROKE MALL REDEVELOPMENT (Continued) Here is the Estimated Fiscal Impact—General Fund: Estimated Fiscal Impact — General Fund (Dedicating Real Estate Tax Equivalent) • 20-year cumulative revenue $ 40,785,105 • 20-Year cumulative expenses $ 31,875,600 • Estimated Net Revenue $ 8,909,505 • Net Present Value of Revenue $ 3,639,284 Economic Development March 1,2022 I Coy Council Public 8nefing 15 Questions? Economic Development I March 1.2022(City Council Public 8nefing _ 111111 16 Mayor Dyer expressed his appreciation to Mr.Adams for the presentation. March 1, 2022 11 CITY MANAGER'S BRIEFINGS SMART SCALE UPDATE ITEM#72538 1:53 P.M. Mayor Dyer welcomed Katie Shannon, P.E., Engineering Support Manager—Public Works. Ms. Shannon expressed her appreciation to City Council for their continued support: SMART Scale • - Round 5 eCityPublic uLiaee Pbli Wor Candidate Projects -� - SMART ..""' oSCALE -viny City Council Presentation 1043 Katie Shannon, P.E. March 1,2022 Here is SMART Scale Overview: SMART Scale Overview V3 2 6 Weighted Evaluation Measures Previous Rounds Take-Aways (Category A) • Available Funding Varied;$800M to$1.7B Con estion • VB awarded 10 projects;$106M g • Rounds 1&2-large high priority projects Land Use 20% • Rounds 3&4-Small projects scored well Accessibility 15% (—$lOM or less) • Innovative designs scored well all rounds Environmental Quality 10% Round 5 Proposed Safety Egi • $800M to$1.2B Funds Available(2-year period) Economic Development Egi - Typical allocations+$250M IIJA • FY26&FY27 Funding(Federalized) Resiliency—given consideration however not • Small projects&innovative designs expected to factored into score continue to score well March 1, 2022 12 CITY MANAGER'S BRIEFINGS SMART SCALE UPDATE (Continued) Here is an overview of SMART Scale Round 5 Candidate Projects: SMART Scale Round 5 Candidate Projects 1,43 3 •:Clearfield Avenue—Virginia Beach Blvd to Cleveland Street • 11 candidate projects • Dam Neck Road—Holland Road to Drakesmile Road identified and evaluated for •:Dam Neck Road—Princess Anne Road to Rosemont Road SMART Scale Round 5 Projects were screened using SS • First Colonial Road—Republic Road to Old Donation Pkwy Round 5 evaluation criteria and •:•General Booth Blvd/Dam Neck Road Intersection analyzed for feasibility&priority •:•General Booth Blvd—Nimmo Pkwy to London Bridge Road • 7 projects were chosen as strong •:.1-264/Independence Blvd Interchange sub-project candidates •:•Independence Blvd/Pleasure House Road Intersection 1 2 projects require further direction ❖Indian River Road Intersections—Kemps River Dr&Thompkins Ln •:.Oceanfront Transit Hub—VB Visitor Center location •:•Providence Road—Kempsville Road to Churchill Drive The next several slides will provide an overview of each of the eleven (11) Candidate Projects. SMART Scale Round 5 Candidate Projects AB 4 SMART SCALE ROUND S w4 • Screened Out Cenmtlete Rgett -—__ •qili, . 4 Hew c Councl voyr pret,t ,, __\ .,, „....,0_4 _�Il 4 re ,, b 6 p;447,,wwje $3 I.s.: # .4sti . 00-40,-.1.t.. NMlle . . �►- ,.-..u-p. et i . SliVitttrap&*' J dal 111P ° ..000.9 10 igliWP , .4....:r.- . ;i r ,e li . ......, . ,. \,1 • R~0R0 i, 2 March 1, 2022 13 CITY MANAGER'S BRIEFINGS SMART SCALE UPDATE (Continued) Council Total Recommended Clearfield Avenue District(s): Cost: Local Match -13 5 4 $16.8 M' $6.5 M et++ir • Cleveland Street to Virginia Beach Blvd ..,, a=....•.E—, • Approx.0.3 miles �,"`qe�, woo= ow 84 • Installation of continuous left-turn lane 01111— ' '''' " ° ;• Congestion increase likely due to Greenwich Road Overpass f a4 opening f ;' • Bene .--,:-_ .t..., 4,. . fits: s, t t ❖Continuous left-turn lane addresses congestion and _ +i` ' safetybyaddingdedicated turn lane for turn movements ..'• u44 ,-. ❖Pedestrian/Bike Improvements h •$ • Substantial site acquisition required -. rY i` . z. a "— .� I I - .. -' ''j--' I -e'ra4 ,r ti.Q.-- -;2 Ittii• 1 • Council Total Recommended Dam Neck Road District(s): Cost: Local Match \AB6 2 $17.6 M $12.1 M • Holland Road to Drakesmile Road y • Approx.0.6 miles • Widening from 4 lanes to 6 lanes,connects to % TIMM air W existing merge lane west of Holland Road/ s Dam Neck Road Intersection 't r.,... q awNCExb • #12 Most Congested Roadway Segment amongst Un-Funded Projects(2019) _ M � �••Dlga•i ky • Benefits: �� 4. •:.Additional capacity to address congestion l- .ac" xY.::,.":u ww¢Erxc roc, '""' 1 LT T •:.Works in conjunction with existing Dam � Neck Road/Holland Road Intersection ems'( =4 ' •-..-.•-Alik. ----- CMAQ project •:• Stormwater Improvements 1. ," ------- -------- •:• Improves access to NAS Oceana ;; j 1 i'- - -j- e �E:.� •:• No site acquisition required V V '1 T T T March 1, 2022 14 CITY MANAGER'S BRIEFINGS SMART SCALE UPDATE (Continued) Council Total Recommended First Colonial Road District(s): Cost: Local Match VB 7 6 $52.9 M $26.45 M ptli;VZ. • Laurel Lane/Republic Rd to Old Donation Parkway;Approx.1 mile �..., • Widening from 4 lanes to 6 lanes O 4 • #15 Most Congested Roadway Segment amongst Un-Funded Projects(2019) —r \ g •:•Congestion more severe than ranking suggests—roadway at max capacity k '• Benefits: ❖Additional capacity to address congestion ❖Signal upgrades(existing span wire signals to mast arm upgrades) ❖ Pedestrian/Bike Improvements �+` ❖ Improved access to critical medical corridor&Hilltop Shopping Area Large local commitment required to be competitive =. l EIFT i ', I L ' .. •. lYf lYf a .. General Booth Blvd/Dam Neck Rd Council Total Recommended District(s): Cost: Local Match 8 Intersection 5 $11.3 M $1.3 M > f _ r.o.+ti.aEE+rwz t"y,. ov,saw. iii.4.:: , ,4 kivik, ""---- '..-- --,..•'i t o.-z prt 4 � 41‘.4.:4 •• POTENTIAL ii. 4 ' �f" a t gam' March 1, 2022 15 CITY MANAGER'S BRIEFINGS SMART SCALE UPDATE (Continued) General Booth Blvd/Dam Neck Rd Council Total Recommended Intersection District(s): Cost: Local Match 9 5 $11.3 M S 1.3 M nary waam • Includes quadrant roadway through undeveloped site, �r _ additional left-turn lane on General Booth Blvd at Dam -`7-` s' _ %�Y .. Neck Station Road 8 , • #2 Most Congested Intersection amongst Un-Funded 1 ,- Projects(2019) W • Benefits: U / ,•°--� •:.Addresses congestion at GB/DN intersection by restricting southbound left-turning movements at GB/DN Intersection DAMPfCKRD ,x ` •:• Improved traffic flow to and from Dam Neck Base o o(onna,NF 3 •:• Pedestrian/Bike Improvements 4' Q*Ro •:. Local match utilizes already appropriated funds , :.T__(CIP 100429) I • Direction needed on whether to pursue 4•Coordination with developer required(acquisition s ,ru I I f f -."- or donation of land required for project) •d •® RAISED MED . EB E9 S. Independence Blvd/ Council Total Recommended District(s): Cost: Local Match ) 10 Pleasure House Road Intersection 9 $6.4M $1M • Converts existing intersection to"Green-T" • _ If '6+" intersection L. - ' 's,ax • Includes median break north of the intersection y ,Fi !r;;t '�`� yi ' t to accommodate U-turns ,, \' Wr ;' • #4 Most Congested Intersection amongst = a. Un-Funded Projects(2019) r'l' .4-" 9 `It `'" • Benefits: 4' •:-Innovative intersection design scores well ''r ••:Addresses left-turning congestion from nes 4 - a' Pleasure House Rd to S.Independence Blvd c �6,,o •Improves Transit Corridor % -`AIL? • , Poi ` t `i` 4 tic •:-No site acquisition required Fes` •:.Cost effective Qq ' °� ' o • Commercial property access damages likely - < l►' '`" March 1, 2022 16 CITY MANAGER'S BRIEFINGS SMART SCALE UPDATE (Continued) Council Total Recommended y In Indian River Road Intersections District(s): Cost: Local Match Igo ii 1,7 $2.8 M $0 Pb&Woao • Includes modifications to two intersections: +Indian River Road/Kemps River Drive . W —.Signal modifications,ped improvements , `. +Indian River Road/Thompkins Laneilk• rt r• 3 —,Remove traffic signal;convert to modified . �`V, r-cut to restrict turning movements • #3 Most Congested Roadway Segment ~�� '_ + amongst Un-Funded Projects(2019) 4, F o • #5 Most Congested Intersections „R �2- amongst Un-Funded Projects(2019) k ` 4 • Benefits: �' ," 1 ,tio, 5, S Addresses congestion between .14 •fi 1)4, completed Indian River/Kempsville v' RRo intersection and pending Centerville CENrURY2, �i' AN Turnpike Phase II •f 1/03.,',s7 57AA1PED t r� ..t *RA'i C SCN, S., +Pedestrian/Bike Improvements - 1`..'°'""' *% ❖No site acquisition required Council Total Recommended Providence Road District(s): Cost: Local Match 12 1,3 $16.7 M $6.5 M e44w a. lMfdil p� My 1r` Y soloPPING • 11ff,. cWlp , STm _c + '•4 :u a�rwK E Rp R, .t -.t .,,n.,- 1 A24,3704'41P .-tt*;1 r.. ,.- ' -,As-."-:u,--- t .„,;,_.• e 'car - - 4. *4.- . .410.. i - . -1,.. .-it -: 1GR...SCALE IN FEET .. K[• .iF ra x} ��y7 G? ',,tel 1 lik '- .... N March 1, 2022 17 CITY MANAGER'S BRIEFINGS SMART SCALE UPDATE (Continued) Council Total Recommended Providence Road District(s): Cost: Local Match 13 1,3 $16.7 M $6.5 MIIMOMM r 2ii NNW • Kempsville Road to Churchill Drive • Approx.0.6 miles • Installation of continuous left-turn lane • #2 Most Congested Roadway Segment 1/4Qt amongst Un-Funded Projects(2019) • Benefits: r ❖Continuous left-turn lane addresses Q4. -: congestion and safety by adding C^ •PEETTti dedicated turn lane for turn movements ..� .:•Pedestrian/Bike Improvements I I D.5.�,, TI. • N, EKIST.R/1Y ❖Improved traffic flow to and from nearby schools 5' $ /� 5• J JEWALK /III 9 K 0EWN 411 'CURRENTLY UNDERWAY) r.•Ln EB Here is the Funding Strategy Recommendations: Funding Strategy Recommendations Project Total Project Cost SMART Scale Recommended Request Local Match Clearfield Avenue $16,800,000 $10,300,000 $ 6,500,000(39%) Dam Neck Road $17,600,000 $12,100,000 $ 5,500,000(31%) First Colonial Road $52,900,000 $26,450,000 $26,450,000(50%) General Booth Blvd/Dam Neck Rd Intersection $11 300.000 $10000,000 $ 1.300,000(12%) S.Independence Blvd/Pleasure House Rd Intersection $ 6,400,000 $ 5,400,000 $ 1,000,000(16%) Indian River Road Intersections $ 2,800,000 $ 2,800,000 $-(0%) Providence Road $16,700,000 $10,200,000 $ 6,500,000(39%) Totals: $124,500,000 $77,250,000 5 47,250,000(38%) • FY26&FY27 Local Funds • Recommendations: TPC less than$5 M:request 100%SS Funding;local commitment minimally affects score —• TPC$5-10 M:SS request kept to—$5M or less;increases score —. TPC$15-20 M:SS request kept to$10-12 M;increases score - First Colonial Road viable only with large local commitment;low commitment hinders score —• General Booth Blvd/Dam Neck Rd Intersection match uses appropriated to date funds(CIP 100429) March 1, 2022 18 CITY MANAGER'S BRIEFINGS SMART SCALE UPDATE (Continued) Here is the Schedule: • Schedule MB 15 ry O VDOT Briefed-February 3rd O Management Services Briefed-February 7th IZI PW Director Briefed-February 7th O City Manager Briefed-February 18th Z City Council Briefing-March 15t - SMART Portal Opens-March 1st - Pre-Applications due-April 1st (4-7 applications) - City Council Resolution of Support Agenda Item- June/July - Final Applications due-August 1st -• Project scores and recommended funding scenario released January 2023 Discussion 113 Public Works Mayor Dyer expressed his appreciation to Ms. Shannon for the presentation. March 1, 2022 19 CITY COUNCIL LIAISON REPORTS ITEM#72539 2:28 P.M. Council Member Moss advised he attended the Virginia Beach Community Development Corporation (VBCDC)meeting. Council Member Moss advised the VBCDC is operating in a deficit due to renters who have qualified for rent relief but have not received payments from the state. Council Member Moss advised this is a problem many renters are having until state funding is disbursed. March 1, 2022 20 CITY COUNCIL LIAISON REPORTS ITEM#72540 (Continued) Council Member Berlucchi advised he and Council Member Wooten attended the first two (2) 5/31 Memorial Committee meetings last week and expressed he is very proud of the caring and compassionate Committee members who love the City and are working together to create a respectful memorial that will honor the victims and others impacted by the tragedy. Council Member Berlucchi advised the Committee shared their stories in an honest and vulnerable way and believes it will characterize the work they do. Council Member Wooten advised it was very humbling to be in the presence of so many people who have been affected by the May 31 S`tragedy and hearing their stories. Council Member Berlucchi advised due to the special nature of this Committee, he will bring a Resolution forward for the Body's consideration to amend the requirements for a Chair and Vice Chair and add one (1) additional member to the composition requirements. Mayor Dyer expressed his appreciation to Council Members Berlucchi and Wooten for serving as the Committee's Liaisons. Mayor Dyer advised the tragedy on May 31'was the darkest day in the history of the City however, the people are resolved to continue in perpetuity the remembrance of the victims and continued care of those affected. March 1, 2022 21 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72541 2:37P.M. Mayor Dyer advised he was contacted by an Ocean Park resident requesting to light the Lesner Bridge with blue and yellow lights to show support for Ukraine. Mayor Dyer read the proposed Resolution to honor the request and advised the Resolution will be considered for an "add on"item to tonight's Agenda. March 1, 2022 22 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72542 (Continued) Council Member Moss referenced the recent newspaper article detailing the felony conviction of the former Economic Director, Warren Harris, including the method he is required to pay his fines, which he received many comments from the public. Council Member Moss advised while there is not a way to retroactively correct the issue with Mr.Harris, he will be proposing an Ordinance for the Body's consideration to forfeit leave pay-outs for any City employee who is convicted of a similar felony. March 1, 2022 23 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72543 (Continued) Council Member Wooten requested information on what prompted the Body's recent position and actions with the Hampton Roads Alliance(HRA) and believes there should have been a discussion and would like a presentation which would provide more clarity. Mayor Dyer advised HRA's membership dues are$550,000.00 annually, and it is important when the City is paying so much, that the organization is held accountable. Mayor Dyer advised he was asked to consider a one-year extension with modifications and reassured the Body that they will have a discussion during the budget cycle before a decision is made. City Manager Duhaney provided background information, advising this issue came forward during review of HRA's contract with the City as it is nearing expiration on June 30, 2022. Mr.Duhaney advised during the review it was noted that not all of the contractual obligations have been fulfilled and expressed he would like to feedback from the Body before taking action. Council Member Rouse commended Mr. Duhaney for always working with the Body and keeping the Body informed on issues he has the authority to act on without engaging the Body. March 1, 2022 24 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72544 (Continued) Mayor Dyer advised on February 27t, he attended the play, "My Life Matters", with Council Members Berlucchi and Wooten in honor of Black History Month. Mayor Dyer asked Council Member Wooten if she would comment on the play. Council Member Wooten advised it was very emotional but equally important as it highlighted the mental health crisis and how everyday people can become overwhelmed and commit suicide. Council Member Berlucchi advised it is important to remove the stigma and acknowledge mental illness. Council Member Berlucchi advised the play was organized by Mr. McIntire and promoted by Ms. Venice Marshall who deserve a lot of credit for their effort in raising mental health awareness. Council Member Berlucchi advised it was personal to him as he lost two (2)friends last week to suicide, expressing while it has been very difficult, the play helped him process some of his loss. Mayor Dyer advised the COVID pandemic exasperated existing mental health issues and was identified as the number one(1)priority during the IDEA Commission forums to work to resolve. March 1, 2022 25 AGENDA REVIEW SESSION ITEM#72545 3:01 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re polling place changes: a. Brookwood Precinct to Plaza Annex b. Pinewood Precinct to Plaza Middle School c. Windsor Oaks Precinct to Red Church Steeple 2. Resolution to AMEND Chapter 8 of the Public Works Design Standards Manual re Stormwater Management(Item was Adopted February 1,2022) 3. Resolution to RENAME the Citizen Oversight Board to Flood Prevention Bond Referendum Oversight Board and set forth the requirements of certain members (Requested by Council Members Henley and Moss) 4. Ordinance to AMEND the Calendar Year 2022 Tax Levy on Personal Property, Machinery and Tools re "Taxpayer Dividend"and to provide revenue offsets (Requested by Council Member Moss) 5. Ordinance to AMEND City Code Sections 5-531, 21-303, 23-7.1, 23-7.5 and 27-7 and REPEAL Section 21-221 re law enforcement officers(Requested by Sheriff's Office)Deferred from January 4, 2022-Sheriffs Office requests Indefinite Deferral 6. Ordinance to AUTHORIZE the acquisition ofproperty in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Salem Road Sidewalk Improvements Project, CIP#100423.026(Formerly CIP#2-111.026) 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal and five feet (5) drainage and utility easement at the rear of 2217 Leeward Shore Drive re construct and maintain vinyl bulkhead return and boat lift District 8 (Formerly District 5—Lynnhaven) 8. Ordinance to ACCEPT a donation of one (1) Medical Rapid Access Transport Off-Road Ambulance from the Hampton Roads Metropolitan Medical Response System re use by Emergency Medical Services 9. Ordinance to APPROPRL4TE $10,393 from the Fire Department Gift Fund to the FY 2021-22 Fire Department Operating Budget re purchase of gas grills for seven (7) Fire Stations March 1, 2022 26 AGENDA REVIEW SESSION ITEM#72545 (Continued) 10. Ordinances to ACCEPT and APPROPRIATE: a. $18,452 from the Federal Emergency Management Agency (FEMA) to the FY 2021-22 Fire Department Operating Budget re expenses related to the mobilization of Virginia Task Force 2 to Murray,Kentucky for tornado response b. $329,000 from Virginia Department of Education to FY 2021-22 Parks and Recreation Operating Budget re support childcare programs at Princess Anne, Bow Creek,Kempsville and Williams Farm Recreation Centers c. $138,416 from the Virginia Department of Behavioral Health and Developmental Services to FY 2021-22 Human Services Operating Budget re infant program J. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARA TEL Y ITEM#5 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL March 1, 2022 27 AGENDA REVIEW SESSION ITEM#72545 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. PUPS & PINTS, LLC/NAVY FEDERAL CREDIT UNION for a Conditional Use Permit re craft brewery at 2413 London Bridge Road District 5(Formerly District 7—Princess Anne) 2. ANDERTON ENTERPRISES, INC. /CLEMSON JBS, LLC for a Conditional Use Permit re automobile repair garage at 4912 Rutherford Road, Suite 104 District 9 (Formerly District 4— Bayside) 3. RALPH BRIAN SLOOP for a Conditional Use Permit re short term rental at 313 15`h Street District 5(Formerly District 6—Beach) 4. TODD SWEIGART for a Conditional Use Permit re short term rental at 505 19th Street District 6(Formerly District 6—Beach) 5. SUZANNE LING for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 114 District 6(Formerly District 6—Beach) K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y ITEM#2 WILL BE CONSIDERED SEPARA TEL Y March 1, 2022 28 ITEM#72546 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 6 • District 6 • District 6 • District 6 • District 5 • District 4 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 March 1, 2022 29 ITEM#72546 (Continued) Upon motion by Council Member Moss, seconded by Council Member Branch, City Council voted to proceed into CLOSED SESSION at 3:12 P.M. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson Closed Session 3:12 P.M. — 5:58 P.M. March 1, 2022 30 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MARCH 1, 2022 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, March 1, 2022, at 6:00 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb—Out of Town Vice Mayor Rosemary Wilson—Out of Town INVOCATION: Council Member Jones 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. March 1, 2022 31 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 identify 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. March 1, 2022 32 ITEM— VI.E CERTIFICATION ITEM#72547 Upon motion by Council Member Moss, seconded by Council Member Branch, 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: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 �1N�'•B e 4 L ;Y-7 :/ 47 J CF OUR N004i 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#72546 on Page 29 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. A nda Barnes, MC City Clerk March 1, 2022 33 ITEM— VII.F.1 MINUTES ITEM#72548 Upon motion by Council Member Moss, seconded by Council Member Tower, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 15,2022 Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 34 ITEM— VII.G.1 MAYOR'S PRESENTATION ITEM#72549 RESOLUTION IN RECOGNITION Dr. Angela Reddix Council Member Wooten, on behalf of Mayor Dyer, welcomed Dr.Angela Reddix, and read the Resolution recognizing Dr. Reddix during Women's History Month for her continuous dedication to improving the lives of women all over the country. Dr. Reddix has received a variety of federal and state accolades for her work as an entrepreneur, leader and founder of Envision Lead Grow, a nonprofit organization dedicated to promoting entrepreneurism and business leadership for young women. Dr. Reddix was honored and recognized as an author, educator, her tireless service to the community as a member of various regional and local boards and recipient of several prominent awards. Dr. Reddix expressed her sincere appreciation to City Council for this recognition on the first day of Women's History Month. Dr. Reddix believes her story is exactly the story young women all over the world to understand, as it does not matter where you start from as long as you have integrity,grit, and recognize how to use the two most valuable assets in life; how to make decisions and how to build relationships. Dr. Reddix advised that has been the recipe for her success. March 1, 2022 -4i-\��0A"BFAc 5 t 4'' =J sa J z rrJ OF OUR riAT\0 .1 RESOLUTION WHEREAS: In 1980, President Jimmy Carter issued the first presidential proclamation declaring the week of March 8 as National Women's History Week The U.S. Congress followed suit the next year,passing a resolution establishing a national celebration. Six Years later, the National Women's History Project successfully petitioned Congress to expand the event to the entire month of March;and WHEREAS: The National Women's History Alliance designates a yearly theme for Women's History Month with the 2022 theme "Women Providing Healing, Promoting Hope." This theme is "both a tribute to the ceaseless work of caregivers and frontline workers during this ongoing pandemic and also a recognition of the thousands of ways that women of all cultures have provided both healing and hope throughout history.";and WHEREAS: Dr.Angela D.Reddix, as the founder of Envision Lead Grow,a Norfolk-based nonprofit organization aimed at aspiring girls of all ages to chart their destines by teaching critical skills and the importance of dedication when aspiring to achieve their dreams through entrepreneurship. Dr. Reddix is a leading advocate for entrepreneurship as a way of creating positive transformation in the world.Her own entrepreneurial drive led to the formation ofARDX.a multi-million-dollar award-winning healthcare management and IT consulting firm with approximately 100 employees dedicated to improving the lives of our nation's must vulnerable populations;and WHEREAS: Dr.Reddix is the author of Envision Lead Grow—Releasing the Boss Within,where she shares her knowledge and insights to help women of all ages build their busines and improve their lives by sharing principles that shift their mindset from helpless to a life ofpurpose and fulfillment;and WHEREAS: Dr. Reddix received her bachelor's degree in Business Administration in Marketing from James Madison University, master's degree in Organizational Development from Ball State University with a focus on Training, graduate certificate in Healthcare Compliance from George Washington University,and Ph.D.in Business Administration from Oklahoma Slate University. As an Assistant Professor and Director of the Hodge Center at Norfolk State University,Dr.Reddix is uniquely positioned to mold college students in entrepreneurship principles and develop the programmatic offerings for the Hodge Center. Dr.Reddix also invests expertise,coaching,and capital into women of color-owned businesses through her Reddix Rules FundTm program.She is also a TEDx speaker and a Forbes Business Council Member;and WHEREAS: As a trusted community leader,Dr.Reddix serves on various boards including as the Board Chair for the YWCA of South Hampton Roads, Virginia Innovation Partnership Authority(VIPA)Board of Director,a member of the CIVIC Leadership Institute,the 757 Collab Board,the Women President's Organization,and JMU Women for Madison Executive Advisory Council. She is also board member and trustee to various local organizations including the United Way of South Harnpton Roads Foundation Board of Trustees, the Kempsville Entrepreneurship Academy Board of Advisors,Norfolk State University's School of Business Advisory Board,Communities in Schools of Hampton Roads Board of Directors,and the Hampton Roads Chamber Regional and Trustee Board;and WHEREAS: Dr.Reddix's many accolades include 2021 EBONY Power 100 List,the 100 Black Men of Greater Washington, DC,Inc.and the Women Presidents'Organization 2021 Women of Color Achievement Award,the Old Dominion University(ODU) Entrepreneurial Hall of Fame, Urban League of Hampton Roads(HR)Martin Luther King,Jr. Community Leader Workforce Award, Virginia Center for Inclusive Communities' Humanitarian Award, ODU's Women of Achievement Award, ODU's Entrepreneur of the Year and Founder's Day Regional Service Awards, COVA Business Magazine Leading Ladies of HR Award, US Chamber of Commerce's Big Blue-Ribbon Award,Inside Business's Women in Business Award,STEM Innovator Award,Pepsi Historically Better Award, HR Community Builders Award, and Bpeace Women Forward Mentor of Distinction Award. She is recognized in Virginia's Top 30 Influential Female Leaders Impacting Virginia;and NOW THEREFORE,BE IT RESOLVED: The Virginia Beach City Council honors Dr.Angela Reddix for her efforts to serve the community by way of mentorship and volunteerism by investing and sharing her talents with the next generation of young girls,women and color-owned businesses BE IT FURTHER RESOLVED: That the Virginia Beach City Council pauses during its Formal deliberations this 1"day of March,2022,in honor of Women's History Month recognize: DR.ANGELA REDDIX Adopted by the Council of the City of Virginia Beach, Virginia the 1"day of March,2022 and present this Resolution duly signed by each Member of th Virgi Beac ' Council with a copy spread upon the Minutes of this meeting. Z...yee. 4t,.....4 -41... ni. CouncilMtem6er Mic:ae('F.Berlucchi Co ncil9Mem6erLinwood'O.Branch CounciI,MemberBar6ara 31..9fe 0 'g- Counnl9tem6er9Y. pcky"2fo om Coun SMem Louis R;Jones uncil:Kem6e ohn D. Moss A., . .A10# Council9Kem .Aaron`R,1puse Council-limber Guy X Tower .:Member Sabrina D.'Wooten ge-/- 14.40... lice:Mayor(No ry`Wissot Mayor Rg6ert Bo6&y er 35 ITEM— VILH.1 PUBLIC HEARING ITEM#72550 Mayor Dyer DECLARED a PUBLIC HEARING: POLLING PLACE CHANGES Windsor Oaks Precinct to Red Church Steeple Brookwood Precinct to Plaza Annex Pinewood Precinct to Plaza Middle School The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING March 1, 2022 36 ADD ON RESOLUTION ITEM#72551 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council ADDED, "Resolution to SUPPORT the people of Ukraine", as Item VII.J.11 Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 37 ITEM— VII.I FORMAL SESSION AGENDA ITEM#72552 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—spoke in OPPOSITION to: Ordinances/Resolutions J.• 1, 3, 5, 6, 8, 9 and 10b and Planning Items K: 3, 4 and 5 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions J: 1, 3, 5(INDEFINITELYDEFERRED), 6, 7, 8, 9, 10a/b/c and 11 and Planning Items K: 3, 4 and 5 Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson J. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARA TEL Y March 1, 2022 38 ITEM— VII.J.1 a/b/c ORDINANCES/RESOLUTIONS ITEM#72553 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 10-1 re polling place changes: a. Brookwood Precinct to Plaza Annex b. Pinewood Precinct to Plaza Middle School c. Windsor Oaks Precinct to Red Church Steeple Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATIONS FOR THE 3 BROOKWOOD, PINEWOOD, AND WINDSOR OAKS 4 POLLING PRECINCTS 5 6 SECTIONS AMENDED: §§ 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1 . Sections 10-1 and 10-1.1 of the City Code are hereby amended and reordained to 12 read as follows: 13 14 Sec. 10-1. Establishment of precincts and polling places. 15 16 There are hereby established in the city the following precincts and their respective 17 polling places, as set forth below: 18 19 Precinct Polling Place 20 21 Alanton Alanton Elementary School 22 Aragona Bayside Sixth Grade Campus 23 Arrowhead Arrowhead Elementary School 24 Avalon Fairfield Elementary School 25 Baker Ebenezer Baptist Church 26 Bayside Bayside Elementary School 27 Bellamy Salem Middle School 28 Blackwater Blackwater Fire Station 29 Bonney Princess Anne High School 30 Brandon Brandon Middle School 31 Brookwood 32 Plaza Annex 33 Buckner Green Run Baptist Church 34 Cape Henry Edgar Cayce's Association for Research and 35 Enlightenment 36 Capps Shop Back Bay Christian Assembly 37 Centerville Centerville Elementary School 38 Chesapeake Beach Bayside Baptist Church 39 Chimney Hill Rosemont Elementary School 40 College Park College Park Elementary School 41 Colonial Colonial Baptist Church 42 Colony Lynnhaven Colony Congregational Church 43 Corporate Landing Corporate Landing Middle School 44 Courthouse Kellam High School 45 Creeds Oak Grove Baptist Church 46 Cromwell Landstown High School 47 Culver Ocean Lakes High School 48 Dahlia Green Run High School 49 Dam Neck Corporate Landing Elementary School 50 Davis Corner Bettie F. Williams Elementary School 51 Eastern Shore Eastern Shore Chapel 52 Edinburgh St. Aidan's Episcopal Church 53 Edwin Kempsville Middle School 54 Fairfield Kempsville Presbyterian Church 55 Foxfire Wave Church (Seaboard location) 56 Glenwood Glenwood Elementary School 57 Great Neck All Saints Episcopal Church 58 Green Run Green Run Elementary School 59 Haygood Haygood United Methodist Church 60 Hillcrest New Castle Elementary School 61 Hilltop Freedom Fellowship Church 62 Holland Holland Elementary School 63 Homestead Providence Presbyterian Church 64 Hunt Princess Anne Recreation Center 65 Independence Windsor Oaks Elementary School 66 Indian Lakes Indian Lakes Elementary School 67 Indian River San Lorenzo Spiritual Center 68 King's Grant King's Grant Elementary School 69 Kingston King's Grant Presbyterian Church 70 Lake Christopher New Covenant Presbyterian Church 71 Lake Joyce Morning Star Baptist Church 72 Lake Smith Bayside Church of Christ 73 Landstown Landstown Community Church 74 Larkspur St. Andrews United Methodist Church 75 Lexington Larkspur Middle School 76 Linkhorn Virginia Beach Community Chapel 77 Little Neck Lynnhaven United Methodist Church 78 London Bridge London Bridge Baptist Church 79 Lynnhaven John B. Dey Elementary School 80 Magic Hollow Virginia Beach Moose Family Center 81 Malibu Malibu Elementary School 82 Manor Providence Elementary School 83 Mt. Trashmore Windsor Woods Elementary School 84 Newtown Good Samaritan Episcopal Church 85 North Beach Galilee Episcopal Church 86 North Landing Hope Haven 87 Ocean Lakes Ocean Lakes Elementary School 88 Ocean Park Bayside Community Recreation Center 89 Oceana The Gathering at Scott Memorial United 90 Methodist Church 91 Old Donation Calvary Baptist Church 92 Pembroke Pembroke Elementary School 93 Pinewood leper Presbyt Church 94 Plaza Middle School 95 Plaza Lynnhaven Elementary School 96 Pleasant Hall Emmanuel Episcopal Church 97 Point O'View Point O'View Elementary School 98 Red Wing Seatack Elementary 99 Rock Lake Salem Elementary School 100 Rosemont Forest Rosemont Forest Elementary School 101 Roundhill Salem High School 102 Rudee W. T. Cooke Elementary School 103 Salem Woods Parkway Elementary School 104 Sandbridge Tabernacle United Methodist Church 105 Seatack Mount Olive Baptist Church 106 Shannon Kempsville Elementary School 107 Shelburne Christopher Farms Elementary School 108 Shell Unity Church of Tidewater 109 Shelton Park Shelton Park Elementary 110 Sherry Park Woodstock Elementary School 111 Sigma Red Mill Elementary School 112 South Beach Museum of Contemporary Art 113 Stratford Chase Kempsville Area Library 114 Strawbridge Strawbridge Elementary School 115 Tallwood Tallwood Elementary School 116 Thalia Thalia Elementary School 117 Thoroughgood Independence Middle School 118 Timberlake White Oaks Elementary School 119 Trantwood Great Neck Baptist Church 120 Upton Three Oaks Elementary School 121 Village Thalia Lynn Baptist Church 122 Windsor Oaks 123 Red Church Steeple 124 Witchduck Bayside Presbyterian Church 125 Wolfsnare Wave Church (Old Donation location) 126 Central Absentee Voter AgricultureNoter Registrar Building 127 Precinct 128 129 2. The City Attorney and Voter Registrar are hereby directed to seek a certification of 130 no objection from the Office of the Attorney General using the preclearance procedure 131 provided by Virginia Code § 24.2-129(D). The changes authorized herein shall not be 132 administered unless and until the Attorney General has provided such certification or if 133 60 days lapses without the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this is tday Of March , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF ICIENCY: Voter Registrar ity orney's Office CA15703 R-1 February 17, 2022 39 ITEM— VII.J.2 ORDINANCES/RESOLUTIONS ITEM#72554 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 Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Jones, City Council ADOPTED Resolution to AMEND Chapter 8 of the Public Works Design Standards Manual re Stormwater Management(Item was Adopted February 1, 2022) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 1 A RESOLUTION TO AMEND CHAPTER 8 OF 2 THE PUBLIC WORKS DESIGN STANDARDS 3 MANUAL REGARDING STORMWATER 4 MANAGEMENT 5 6 WHEREAS, by resolution, the City Council adopted and promulgated the Public 7 Works Design Standards Manual. (PWDSM); and 8 9 WHEREAS, pursuant to Section 1.5 of the PWDSM, the PWDSM shall be adopted 10 and amended by action of the City Council; and 11 12 WHEREAS, on July 6, 2021, staff brought forward proposed changes to Appendix 13 D of the Virginia Beach City Code relating to Stormwater Management to remove City 14 Staff members from the Stormwater Appeals Board. At that time, City Council deferred 15 the item to obtain additional stakeholder input. Staff was also directed to review with 16 stakeholders the current stormwater regulations and identify ways to improve the 17 development review process while maintaining the resiliency of the current standards; 18 19 WHEREAS, Stakeholder Workgroup meetings were held each Friday from August 20 2021 to October 2021. Attendees of these meetings included developers, consulting 21 engineers selected by the Coastal Virginia Building Industry Association (CVBIA), City 22 Council members Jones and Moss, City Executive Leadership and staff from the Office 23 of Performance and Accountability (OPA), Planning and Public Works; 24 25 WHEREAS, proposed changes were published at www.vbgov.com/swcomments 26 on December 21, 2021 with the comment period closing on January 14, 2022. Two 27 hundred twenty-six (226) comments were received from the public. A document noting 28 how comments were to be addressed was initially provided to City Council on January 29 18, 2022, and an updated version was provided on January 25, 2022, and was vetted by 30 staff and the Workgroup on January 28, 2022; 31 32 WHEREAS, on February 1, 2022, City Council adopted amendments to Chapter 8 33 of the PWDSM intended to coordinate with revisions made to City Code Appendix D, the 34 Stormwater Management Ordinance. However, the document presented to and 35 approved by the City Council did not include the final revisions reconciling the comments 36 received and addressed in the January 18 and 25, 2022 communications to City Council; 37 and 38 39 WHEREAS, the City Attorney has recommended that the final revisions to Chapter 40 8 of the PWDSM be presented to the City Council for formal consideration and vote and 41 staff has prepared the attached document showing the proposed revisions, which are 42 incorporated herein. 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 47 That the Public Works Design Standards Manual, Chapter 8 is hereby amended 48 and readopted as attached hereto and incorporated herein. 49 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day of March , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: leb41() AAA,- (?C Department of Pla ning City Attorney's Office CA15709 R-6 February 23, 2022 2 8.0 Stormwater Management 8.1 General 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. 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. 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. Analysis of existing conditions shall be required to the same level of detail and extent as the proposed drainage system design, using the same methodologies as used for the proposed drainage system and as required by these Design Standards. Virginia Department of Transportation Drainage Manual (VDOT DM)Chapters 3 through 9 and 12, inclusive of appendices and computation forms Virginia Erosion and Sediment Control Handbook(VESCH) Virginia Stormwater BMP Clearinghouse, Draft 2013 version, website (https://www.swbmp.vwrrc.vt.edu) Virginia Stormwater Management Handbook(VSMH),website (https://swbmp.vwrrc.vt.edu/references-tools/2013-draft-handbook/) The designer shall become 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. 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 meet with the City to discuss advanced design coordination. This coordination is especially City of Virginia Beach—Public Works Design Standards 8 - .F important when complex drainage systems and tailwater conditions are involved. 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. 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. 3. Drainage Area - A land area, water area, or both from which all runoff flows to a common point. 4. Drainage System- Includes all those components, manmade and natural, that convey and/or store stormwater runoff or other surface flows. 5. Energy Grade Line (EGL)- The line that represents the total energy of flow at a given location. It is the sum of the elevation head (z), pressure head (p/pg), and velocity head (v2/2g). 6. Flooding- A general or temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters, or b. The unusual and rapid accumulation runoff of surface waters from any source, or c. Mudflows, which are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along a path of the current, d. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as a flash flood an abnormal tidal surge, some similarly unusual and unforeseeable event that results in flooding as defined above. 7. Hydraulic Grade Line (HGL)- A line coinciding with the level of flowing water in an open City of Virginia Beach—Public Works Design Standards 8 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). 8. Impoundment (Reference: VSMH)- A collection or storage of water, such as a pond, reservoir, pit, dugout, sump etc. 9. Lake (Reference: VSMH)-A water-filled basin with a restricted outlet or no outlet; includes reservoirs and tidal ponds. 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. 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. 12. Private Stormwater Drainage- Surface flow, channelized flow through collection methods such as pipes and ditches, storage, treatment and discharge of rainfall generated exclusively on private property and not defined as public stormwater drainage. 13. Proposed(Increased) Impervious Area-The total increase in impervious area from existing conditions to proposed conditions within the limits of disturbance associated with the entire project. This includes improvements made both onsite and offsite, a. It will be considered an increase in impervious area if drainage area boundaries are modified as part of a project and directs additional existing impervious area into a different stormwater conveyance system. b. It will not be considered an increase in impervious area if the project site has been included in a separately approved master planned development, and the total site impervious does not exceed that included in the master planned development. 14. Public Stormwater Drainage- The collection, conveyance, storage, and/ or treatment and discharge of stormwater runoff draining the public right-of-ways, public drainage easements, and City owned property. 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 City of Virginia Beach—Public Works Design Standards 8 -. 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. 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." 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.) 8.3 Design Requirements Applicable To All Drainage System Components 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. 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 Contributing Drainage Area Design Storm Frequency < 300 Acres 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 City of Virginia Beach—Public Works Design Standards 8 -' Chapter 8—Stormwater Management June 2020 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). 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. B. Storm Depth-Duration and Rainfall Distribution Criteria Storm 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-2. 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-2 Rainfall Depths for City of Virginia Beach (Inches) Storm Frequency Rainfall Depth s (NOAA Atlas 14+20/o) 1-YR 3.60 2-YR 4.38 10-YR 6.77 25-YR 8.39 50-YR 9.79 100-YR 11.34 The storm depth, duration, and rainfall distribution criteria(1-year through 100- year storm frequency)are dependent upon the analysis and design methodology to be used (See Section 8.4.A Methodologies for Stormwater Conveyance System Design and Section 8.5.A Methodologies for Design of SWMFs/BMPs). PC-SWMM® files containing approved rainfall distribution data are available from the Public Works Stormwater Engineering Center. City of Virginia Beach—Public Works Design Standards 8 C. Sea Level Rise/ Recurrent Flooding Analyses 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 storm 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. Sea level rise increases are not required for the check storm except as noted in 3 below. 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. Sea level rise increases a:e not required for the check storm except as noted if i 3 below. 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 4. 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 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). The HGL calculations shall begin at the limits of analysis 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 limits of analysis shall be as determined using these Design Standards. 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 City of Virginia Beach—Public Works Design Standards 8 - f 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. b. The required design storm frequency for a project shall be determined from Table Vlll-1 Design Storm Frequency. 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. Table VIII-3 Design Storm/Tide Joint Probability Pairs for Determining Controlling Tailwater Elevation Design 10-YR 25-YR 50-YR 100-YR Tide 1-YR 2-YR 2-YR 3-YR Rain 10-YR 25-YR 50-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 rainfall with the lowest- frequency tide for each design frequency, as informed by joint probability studies undertaken by the City. c. 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 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 City of Virginia Beach—Public Works Design Standards 8 -7 a. For drainage systems 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 Vlll-1 Design Storm Frequency) 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 limits of analysis (See Sections 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 . 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. 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 is available upon request from the Stormwater Engineering Center for public projects, and from the Development Services Center for private projects. E. Check Storm Requirements for All Projects All drainage system designs including SWMFs/BMPs and conveyance systems shall be checked using the check storm HGL analysis ;incorporating the tailwater on.teria stated in Section 8.3,D(incorporating ai!vvate? criteria stated in Section 8.3.D flooding of buildings and streets. 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 City of Virginia Beach—Public Works Design Standards 8 - not increase over the pre-developed condition as noted in Section 8.3.G.3 below. F. Compensation for Seasonal High Groundwater All developments and projects shall include a seasonal high baseflow in all channel, lake, wetland, pond and other waterway and waterbody design calculations and routings. The designer shall include the minimum allowable baseflow rate using the seasonal high baseflow shown in Table VIII-4 for each drainage area. The seasonal high baseflow shall be added to the most upstream node, waterway, or water body in the drainage area or areas in which the development or project is situated. For example, if the drainage area to one outfall in a development is 60 acres, the seasonal high baseflow to be added to the most upstream node in the drainage area equals 0.5 c.f.s., because the on-site drainage area to each site outfall is between 50 and 100 acres. If the seasonal high groundwater table does not influence the development or project drainage, then the designer shall submit hydro-geotechnical or soil science data and reports that substantiate that claim. Table VIII-4 Groundwater Baseflows According To Drainage Area Drainage Area within Development or Project to Each Outfall(Acres)* Seasonal High Baseflow(c.f.s.) <50 0.2 >-50 and < 100 0.5 >_ 100 and < 250 1.2 >_ 250 and < 500 2.3 >_ 500 and < 1000 4.7 >_ 1000 Consult with Public Works Stormwater Engineering Center * Exclude drainage areas upstream of the project. 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 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. Adequacy of the downstream system must be demonstrated for all of the following: City of Virginia Beach-Public Works Design Standards 8 - 1. The downstream system must adequately convey the design storm to the limits of analysis, using freeboard heights and headwater depths stipulated herein and in the referenced documents. In calculations, flooding shall be considered when: a. HGL exceeds the rim of a drop inlet or manhole structure or the flowline of a structure, or the top of bank of a channel during a design storm. b. HGL exceeds the top of curb, centerline of roadway, or finished floor elevation of a building during the check storm. 2. When flooding does not exist upstream or downstream of the proposed project, the post-developed HGL may increase provided it does not create a new area of flooding. 3. When flooding exists upstream or downstream of the proposed project, the post- development design year HGL shall not increase over the pre-development design year HGL intia n y 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). (Note: This requirement is more stringent than the VSMP Regulation and was applicable prior to January 1, 2013.) If the development drains directly via overland runoff or a stormwater conveyance system into a major water body, the development may continue to discharge into the major water body, at its present undeveloped rate of runoff without having an easement of record. This is provided that there is neither an increase in stormwater discharge or volume nor any more than a one (1) minute change in the timing of the peak discharge. The need for drainage easements and the type of drainage easement required (private or public) will be evaluated on a case-by-case basis. Whether the drainage easement is designated as private or public depends upon the source of the stormwater. The developer must obtain a drainage easement to drain any stormwater through man- made portions (such as a canal, ditch, or pipe) of the downstream system that are not within existing drainage easements or right-of-way. Such drainage easements shall be dedicated along the entire conveyance system downstream to the closest of the following: 1. A major water body(See Definitions), 2. A City of Virginia Beach right-of-way, or 3. A City of Virginia Beach public drainage easement. See Chapter 2 Plats and Easements for detailed requirements 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. 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 City of Virginia Beach—Public Works Design Standards 8- 1c 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. A. Methodologies for Stormwater Conveyance System Design 1. Proposed (Increased) Impervious Area >_20,000 square feet a. The 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. 2) Conduit lengths in SWMM models will be checked for accuracy to the nearest foot. b. The modeler shall use Green-Ampt infiltration method and parallel pipe/ overland flow dual links rather than flood storage nodes. City 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 r :sfft\\, times are computed using the catchment runoff widths. 2. Proposed (Increased) Impervious Area < 20,000 square feet a. Designer may use any design program 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 NRCS(SCS)Win TR-55 Methods a. 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. Manning's Kinematic Solution 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). 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. City of Virginia Beach—Public Works Design Standards 8 - `` c. The 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. See Chapter 5 Tabular Hydrograph Method of NRCS TR-55 for development of travel times for stream reach routing. B. 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. Manning's"n" Roughness Coefficients for Storm Sewer Pipe and Culverts are provided in Table J-4 in Appendix J. 2. 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%. 3. 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. 4. 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. 5. Ditches greater than 18 inches in depth shall be piped within City of Virginia Beach. Open drainage systems and channels are allowed where culvert requirements exceed a 72-inch diameter of reinforced concrete pipe (or equivalent). 6. 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 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.. 7. Public drainage systems shafishould 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 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 City of Virginia Beach—Public Works Design Standards 8- 1 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 9. Whenever the canal top-of-bank to top-of-bank width is 30 feet or greater, public maintenance easements (as per the above standard drawings) shall be provided on both sides of the canal beyond the top of bank. All public maintenance easements shall be free and clear of trees and structures but shall be sloped to facilitate drainage. Maintenance easement cross slopes shall not be more than 6%. The requirement for public maintenance easements along both sides of canals will not be waived, since crews cannot maintain wider canals from only one(1)side. 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. 11. Bank slope protection for canals 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. 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. 13. 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 Erosion and Sediment Control Handbook, the City Code, Chapter 30, Article III "Erosion and Sediment Control," and Chapter 9 of these Design Standards. 8.5 SWMF/BMP Design Requirements This section provides design requirements for SWMFs/BMPs within the City of Virginia Beach. The SWMO provides specific water quality and quantity design and compliance requirements and references the VSMH, Virginia Stormwater BMP Clearinghouse website, VSMP Regulation, and these Design Standards. A. Methodologies for Design of SWMFs/BMPs The design methodology selection process for SWMFs/BMPs is as follows: 1. When 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 City of Virginia Beach—Public Works Design Standards 8- 1e b. Value enhanced SWMM programs that can directly exchange input data with EPA SWMM. These computer programs are preferred by the City for use in all hydrologic and hydraulic analyses, no matter what size the drainage area is. 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 program that utilizes the 24-hour design storm with a tailwater based On 0.8d of the rcc;eRi:iq pipe. When using this alternate methodology, the following minimum storage requirements shall be met.- (as a cumulative storage volume): 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. Tailwater based on 0.8d of the receiving pipe. b. Any design program 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. B. Additional Design and Construction Criteria for SWMFs/BMPs 1. 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. 2. 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. 3. 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 elevation shall be included with the drainage calculations for each proposed SWMF/BMP. 4. Underdrains shall be required for all SWMFs that utilize percolation, regardless of the infiltration rate. These underdrains shall be perforated and run horizontally City of Virginia Beach—Public Works Design Standards 8 1t 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). UnderdrainsThe underdrains are only required within the horizontal limits of the SWMF to aid in infiltration and are not required to have a designed outfall. 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. 6. 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. 7. 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. 8. 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. For lakes and ponds with a normal pool surface area of less than one acre, the minimum required side slope is 4:1 9. Impermeable liners shall not be used for BMP facilities unless: a. HGL soil group A or B soils exist that will not allow the do normal water elevation of a wet pond to be maintained; 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: '/ field measured rate c. Check storm: 1/8 field measured rate 11. All underground SWMFs/BMPs must be marked with a 5" x 5" x '/" or larger steel City of Virginia Beach—Public Works Design Standards 8 i 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. 12. ControtOutlet control structures shall be person-accessible and shall be of sufficient size to accommodate a 12-inch diameter vacuum hose. Maintenance ports, for underground storage. shall be of sufficient size to accommodate a 12- inch diameter vacuum hose. 13. Plastic (HDPE, PE, etc.) and corrugated (aluminum or steel) metal manufactured treatment devices(MTDs)are not allowed within City right-of-way. 14. Privately owned SWMFs/BMPs 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)feet deep. 16. City maintained SWMFs shall not install check valves as part of the discharge system. 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. C. Maintenance Requirements 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 pf-e-14-RI-i-Par -Rd final plats and completed SWMF Maintenance Agreement must be submitted to Planning/DSC for review and recordation in the office of the Clerk, Circuit Court in the City of Virginia Beach. The latest agreement form and plat requirements are available from Planning/DSC. Public SWMFs are required to meet the additional standards listed below. Accessible 20- foot wide public entrance access easements from public streets to SWMFs/BMPs and a maintenance and inspection access easement around SWMFs/BMPs shall be set aside so maintenance equipment can access all SWMFs/BMPs. These easements shall be dedicated to the City. SWMFs/BMPs may need public easements for staging of maintenance equipment, drying of dredge spoils, or stockpiling of excavated material. Additionally, 20-foot wide public lake entrance access easements (one (1) for every five (5) acres of lake) shall be dedicated to the City. SWMFs/BMPs greater than 1/4 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.) 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 City of Virginia Beach—Public Works Design Standards 8- 16 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 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. 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. E. 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 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 aloes are located in the access way and for use in dedicatina oublic drainage easements: " -" -foot ( ') wide drainage, access, and maintenance easement hereby dedicated to the City of City of Virginia Beach—Public Works Design Standards 8- 1% Virginia Beach." All required drainage and impoundment easements shall be platted and dedicated to the City of Virginia Beach. 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 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. City of Virginia Beach—Public Works Design Standards 8 - � 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 Jfor 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 a. 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- 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. City of Virginia Beach—Public Works Design Standards 8-19 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 in 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 All storm drainage pipes and culverts 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 velocity, for concrete pipe, shall not exceed 10 feet per second to prevent scouring. 6. 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. 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. 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. 7. 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. City of Virginia Beach—Public Works Design Standards 8-20 8. 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). 9. 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. In accordance with VDOT Drainage Manual Section 9.4.8.4, a minimum cover of 12-inches will be allowed provided all possible means have been exhausted by the design engineer and the use is approved by Public Works or DSC b. Plastic Pipe — Plastic pipe and fittings shall be installed in accordance with VDOT Road and Bridge Standards, PB-1 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: a) VDOT Class I Backfill (Crusher Run Aggregate, Size No. 25 or 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 lees feet of finath a v e a minimum cover exists_ per manufacturer recommendations, of 30-inches. 10. Flowable Backfill Flowable fill may be used on a case-by-case basis, after receiving approval from the Department of Public Works. City of Virginia Beach—Public Works Design Standards 8 -21 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.B.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.B.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 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 PF 40 ITEM— VII.J.3 ORDINANCES/RESOLUTIONS ITEM#72555 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Resolution to RENAME the Citizen Oversight Board to Flood Prevention Bond Referendum Oversight Board and set forth the requirements of certain members (Requested by Council Members Henley and Moss) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 REQUESTED BY COUNCILMEMBERS HENLEY AND MOSS 1 A RESOLUTION TO RENAME THE CITIZEN OVERSIGHT 2 BOARD AND TO SET FORTH REQUIREMENTS OF 3 CERTAIN MEMBERS 4 5 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 6 certain actions be taken in the event the residents of the City authorized the issuance of 7 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 8 9 WHEREAS, the residents answered the bond referendum in the affirmative; 10 11 WHEREAS, the City Council established the Citizen Oversight Board (the "Board") 12 by resolution on November 16, 2021, which is attached hereto as Exhibit A; and 13 14 WHEREAS, the City Council desires to rename the Board and to specify 15 qualifications for certain members; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. The Citizen Oversight Board shall be renamed as the Flood Prevention Bond 21 Referendum Oversight Board. 22 23 2. Of the seven members, five such members shall have professional or 24 educational experience with finance, engineering, landscape architecture, 25 environmental science, and/or contracting/project management. The two other 26 members are not required to have such professional or educational experience. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of March , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ttor y's Office CA15698 R-1 February 14, 2022 Exhibit A 1 A RESOLUTION TO ESTABLISH A CITIZEN OVERSIGHT 2 BOARD FOR BONDS APPROVFD FOR FLOOD 3 MITIGATION 4 5 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 6 certain actions be taken in the event the residents of the City authorized the issuance of 7 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 8 9 WHEREAS, the residents have answered the bond referendum in the affirmative, 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA, THAT: 13 14 The City Council hereby establishes a Citizen Oversight Board composed of seven 15 members appointed by the City Council. The Board shall have access to all financial, 16 contract documents, acceptance and deliverable testing and certifications 17 documentation, and shall receive a monthly briefing from the City Manager's designee. 18 the Flood Mitigation Program's quality assurance officer, and the Contractor's program 19 manager and quality assurance officer. After appointment of the seven members, the 20 Board shall give a public briefing to the City Council every two months on the twenty-one 21 named projects in the bond referendum question and the elimination of the backlog in the 22 maintenance of the City's legacy ditches, canals, and ponds. Such meeting cadence may 23 be changed at the recommendation of the Citizen Oversight Board subject to approval by 24 the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of November , 2021 APPROVED AS TO LEGAL SUFFICIENCY- CA15554 R-1 November 4, 2021 41 ITEM— VILJ.4 ORDINANCES/RESOLUTIONS ITEM#72556 The following registered to speak: Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in SUPPORT Barbara Messner, PO Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT Sandra Shinabarger, 168 Waverly Drive, Phone: 375-5886, spoke in SUPPORT Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council DEFERRED TO MARCH 15, 2022, Ordinance to AMEND the Calendar Year 2022 Tax Levy on Personal Property, Machinery and Tools re "Taxpayer Dividend" and to provide revenue offsets (Requested by Council Member Moss) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 42 ITEM— VII.J.5 ORDINANCES/RESOLUTIONS ITEM#72557 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to AMEND City Code Sections 5-531, 21-303, 23-7.1, 23- 7.5 and 27-7 and REPEAL Section 21-221 re law enforcement officers (Requested by Sheriff's Office) Deferred from January 4, 2022 -Sheriff's Office requests Indefinite Deferral Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 43 ITEM— VII.J.6 ORDINANCES/RESOLUTIONS ITEM#72558 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Salem Road Sidewalk Improvements Project, CIP#100423.026 (Formerly CIP#2-111.026) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE SALEM ROAD SIDEWALK 4 IMPROVEMENTS PROJECT, CIP 100423.026 5 (formerly CIP 2-111.026), VDOT UPC 111307, 6 AND THE ACQUISITION OF TEMPORARY 7 AND PERMANENT EASEMENTS, BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation and improve pedestrian safety within the City and for other related public 13 purposes for the preservation of the safety, health, peace, good order, comfort, 14 convenience, and for the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1 . That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements (the "Property"), as shown on the 23 plans entitled "SALEM ROAD SIDEWALK IMPROVEMENTS" (the "Project"), and more 24 specifically described on the acquisition plats for the Project (plats and plans collectively 25 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department 26 of Public Works, City of Virginia Beach, Virginia. 27 28 Section 2. That the City Manager is hereby authorized to make or cause to be made 29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 30 offer to the owners or persons having an interest in said Property. If refused, the City 31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 32 condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of 35 March , 2022. CA15590 PREPARED: 1/28/22 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d013\p042\00776122.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY (\got- b v ATURE, CITY TTORNEY )LJ DEPARTMENT 44 ITEM— VII.J.7 ORDINANCES/RESOLUTIONS ITEM#72559 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal and five feet (5) drainage and utility easement at the rear of 2217 Leeward Shore Drive re construct and maintain vinyl bulkhead return and boat lift District 8(Formerly District 5—Lynnhaven) Voting. 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS TREASURE 7 CANAL AND A 5' DRAINAGE AND 8 UTILITY EASEMENT, LOCATED AT THE 9 REAR OF 2217 LEEWARD SHORE 10 DRIVE 11 12 WHEREAS, Charles Ramsey Mehle, II ("Mr. Mehle")desires to construct and 13 maintain one 11 linear foot and one 22 linear foot vinyl bulkhead return, and construct and 14 maintain a 7.6' x 12.8' boat lift within a portion of the City property known as Treasure 15 Canal and an existing 5' drainage and utility easement, at the rear of his property located at 16 2217 Leeward Shore Drive (collectively, the "Temporary Encroachments"); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mr. Mehle, his heirs, assigns 27 and successors in title are authorized to maintain the Temporary Encroachments in the 28 City's property known as Treasure Canal and the 5' drainage and utility easement as 29 shown on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A BOAT LIFT 30 BAY ISLAND, SECTION 2, LOT 205 (M.B. 48, PG. 15) FOR CHARLES R. MEHLE, II 31 GPIN: 2409-19-8460 2217 LEEWARD SHORE DRIVE, VIRGINIA BEACH, VIRGINIA 32 23451," dated October 5, 2021, a copy of which is attached hereto as Exhibit A and on file 33 in the Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 37 expressly subject to those terms, conditions and criteria contained in the agreement 38 between the City of Virginia Beach and Mr. Mehle (the "Agreement"), an unexecuted copy 39 of which has been presented to the Council in its agenda, and will be recorded among the 40 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Mr. Mehle and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the is t 50 day of March , 2022. CA15409 R-1 Prepared: 11/15/21 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d008\p047\00769469.doc APPROVED AS TO CONTENT: APP D AS LEGAL F ICIE Y ORM: P BL WIDOR , REAL ESTATE D EYER OR CITY ATTORNEY LOT 65 TREASURE CANAL LOT 64 N/F ROSEMARY THOMPSON NYE .0 -EBBBFLOOD i N/F OLI VER-MACLEA Y LT GPIN:24091981850000 GPTN:24091971570000 -T INST:202000100106 N/F CITY OF VIRGINIA BEACH Oa , -n INST:20200131000107260 MANMADE CANALS IN BAY N m 1 2.8 v PROPOSED ISLAND i - M ("= BOAT LIFT \----... ....d- ..- N 77'47'48" W 172.09' _ 121 40 1 / M W _ _ l -0 MH W . i- EX. BKHD — 48 — I REMOVE X. WHARF 1 PROPOSED 175 LF OF E E E 0o VINYL BULKHEAD WITH PROPOSED / / cd AN 11 LF AND 22 LF 6' x 48'WHARF /� o ^I RETURN li >._ O (NII • : POOL . ' i Qp 0 0 0 O 0 0 O ZM00 / / vvWOpN Et- col RI I till :' :---------rii5nItiv7: / O up cr) in0 ,1 * N Jd- 0 � W Z ~ ft O w‹ 1\ N Z I Ni - NIQETZ - " ch01STY I CD BRICK ,, of •a -J0a- 0 #2217 / to __..— / /V z � `_ N N LOT 205 / 2 u' N/F CHARLES R. MEHLE II / GPIN: 24091984600000 INST: 20130131000125930 tL---- 5' DRAINAGE/UTILITIES PIN(F) 2217 LEEWARD SHORE DRIVE / EASEMENT (TYPICAL) - -_ / M.B. 48, P. 15 ‘,TH OF R=4/5.00' / PIN(F) 4' L�115•00' gi , Gy _'_--, 8 ........) r 93 LEEWARD SPiN s� To L' GREGORY 0. MILSTEAD � SH:RE N�kFR P. DRIVE (5 . cic Lic. No. 047323 REF:o M.B. 48, pG �t 1.91111 ?,021 Ic;,1 .itI0NAL EXHIBIT A ENCROACHMENT REQUEST FOR A BOAT LIFT o' 40' 80' BAY ISLAND, SECTION 2, LOT 205 mom amommium (M.B. 48, PG. 15) SCALE: 1"=40' FOR CHESAPEAKE BAY SITE CHARLES R. MEHLE II SOLUTIONS, INC. GPIN: 2409-19-8460 P.O. BOX 6663 2217 LEEWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 VIRGINIA BEACH, VA 23456 DATE: OCTOBER 5, 2021 PH: (757) 575-3715 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 22nd day of November, 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES RAMSEY MEHLE, II, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "205" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at pages 15 and 15A, respectively, and being further designated, known, and described as 2217 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain one 11 linear foot and one 22 linear foot vinyl bulkhead return, and construct and maintain a 7.6' x 12.8' boat lift, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409-19-8460 (2217 LEEWARD SHORE DRIVE) Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property located at the rear of 2217 Leeward Shore Drive known as Treasure Canal and a 5' drainage and utility easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A BOAT LIFT BAY ISLAND, SECTION 2, LOT 205 (M.B. 48, PG. 15) FOR CHARLES R. MEHLE, II GPIN: 2409-19-8460 2217 LEEWARD SHORE DRIVE, VIRGINIA BEACH, VIRGINIA 23451 DATE: OCTOBER 5, 2021," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the 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 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, 3 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. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, CHARLES RAMSEY MEHLE, II, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the 4 City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public 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 , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 OWNR: RLES RAMSEY ME , , STATE OF CITY/COUNTY OF Ihrlikt4(9 , to-wit: The foregoing instrument was acknowledged before me this 2 Z— day of Ato,./ , 2011, by CHARLES RAMSEY MEHLE II. (SEAL) Not Public \`. Fc/ Notary Registration Number: —2C -or I srq 04 604, n My Commission Expires: �/30 t7z o'.° '?o •of / °• '''y'Q•RG/N i A rrlIIIII111\\ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 414ALTURE DA M YER S NIOR TY ATTORNEY ? IN) Qc4 0-64-Q. DEPARTMENT 7 LOT 65 TREASURE CANAL LOT 64 N/F ROSEMARY THOMPSON NYE EBB�FL���-; — N/F OLI VER—MACLEA Y LT � GPIN:24091908011 000 GPIN:24091971570000 + INST:202000100106 INST:202001310• N/F CITY OF VIRGINIA BEACH � V 12 8� �, PROPOSED60 MANMADE CANALS IN BAY i. ISLAND :11:______7 ll {"'- BOAT LIFT N 7 7 4 7 48 W 172.09 �._� �---- M L W -., _ — ��, �) MH W N EX. BKHD _— (� PROPOSED 175REMOVE EX. WHARF S LF OF U' o VINYL BULKHEAD WITH PROPOSED / 0 0o AN 11 LF AND 22 LF 6' x 48'WHARF O co RETURN �� > 0 N ( �. Z . � rn VP0k • ' I • / / 1.4.1 0 n 6 OL000to Ct00M00 `'�•`�isOWc� O0O co OO /N ___I I� W N N < 01rzCZ1 in Qo- z 1 STY. / v �`' rno o BRICK al #2217 OJ Jo� c0 E3 //f\IL Li_ W 0 :i---I L IIIII ,,,„,..- / /V Z (Dall:-: !n l :. . �� co N I , LOT 205 /AN/ "' I N/F CHARLES R. MEHLE II / GPIN: 24091984600000 INST: 20130131000125930 5' DRAINAGE/UTILITIES PIN(F) 2217 LEEWARD SHORE DRIVE /-4*------i EASEMENT (TYPICAL) / M.B. 48, P. 15 1,TH 07111111 . R=415.00' / PIN 4n.1)1' L-11500, (F ) •1 „,) % LE �-`__ 89 36, EWARD SHOR `— �r sP/N�, to v GREGORY O. MILSTEAD p E x1kFR 'C. Lic. No. 047323 DRIVE VE �5�� o/RC� REF: M.B. 48, PG. 15 e ZONAL E EXHIBIT A ENCROACHMENT REQUEST FOR A BOAT LIFT 0' 40' 80' BAY ISLAND, SECTION 2, LOT 205 mom mom ammumemi (M.B. 48 PG. 15) SCALE:1"=40' FOR CHESAPEAKE BAY SITE CHARLES R. MEHLE II SOLUTIONS, INC. GPIN: 2409-19-8460 P.O. BOX 6663 2217 LEEWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 VIRGINIA BEACH,VA 23456 DATE: OCTOBER 5, 2021 PH: (757)575-3715 45 ITEM— VII.J.8 ORDINANCES/RESOLUTIONS ITEM#72560 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT a donation of one (1)Medical Rapid Access Transport Off-Road Ambulance from the Hampton Roads Metropolitan Medical Response System re use by Emergency Medical Services Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 1 AN ORDINANCE TO ACCEPT A MEDICAL RAPID ACCESS 2 TRANSPORT OFF-ROAD AMBULANCE FOR USE BY THE 3 DEPARTMENT OF EMERGENCY MEDICAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 A donation of one Medical Rapid Access Transport Off-Road Ambulance valued 9 at $64,406 is hereby accepted from the Hampton Roads Metropolitan Medical Response 10 System for use by the Department of Emergency Medical Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of March , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iuL i----.' dget an anagement Services it or ' y's ffice CA15707 R-1 February 16, 2022 46 ITEM— VII.J.9 ORDINANCES/RESOLUTIONS ITEM#72561 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $10,393 from the Fire Department Gift Fund to the FY 2021-22 Fire Department Operating Budget re purchase of gas grills for seven (7) Fire Stations Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 1 AN ORDINANCE TO APPROPRIATE $10,393 FROM 2 THE FIRE DEPARTMENT GIFT FUND FOR THE 3 PURCHASE OF GAS GRILLS FOR SEVEN FIRE 4 STATIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $10,393 is hereby appropriated from the Fire Department Gift Fund, with revenues 10 increased accordingly, to the Operating Budget of the Fire Department for the purchase 11 of gas grills for Fire Stations 1, 7, 9, 10, 11, 16, and 22. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of March , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget a anagement Services C' orne s 0 ice CA15705 R-1 February 16, 2022 47 ITEM— VILJ.10a ORDINANCES/RESOLUTIONS ITEM#72562 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $18,452 from the Federal Emergency Management Agency (FEMA) to the FY 2021-22 Fire Department Operating Budget re expenses related to the mobilization of Virginia Task Force 2 to Murray, Kentucky for tornado response Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $18,452 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR MOBILIZATION OF 4 VIRGINIA TASK FORCE 2 TO KENTUCKY FOR 5 TORNADO RESPONSE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $18,452 is hereby accepted from the Federal Emergency Management Agency 11 and appropriated, with federal revenue increased accordingly, to the FY 2021-22 12 Operating Budget of the Virginia Beach Fire Department for expenses related to the 13 mobilization of Virginia Task Force 2 to Murray, Kentucky for tornado response. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of March , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: — I ' ':udget and Management Services ey'(0 ice CA15706 R-1 February 16, 2022 48 ITEM— VII.J.10b ORDINANCES/RESOLUTIONS ITEM#72563 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $329,000 from Virginia Department of Education to FY 2021-22 Parks and Recreation Operating Budget re support childcare programs at Princess Anne, Bow Creek, Kempsville and Williams Farm Recreation Centers Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR CHILDCARE PROGRAMS AT FOUR CITY 3 RECREATION CENTERS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $329,000 is hereby accepted from the Virginia Department of Education and 9 appropriated, with revenue increased accordingly, to the FY 2021-22 Operating Budget 10 of the Department of Parks and Recreation to support childcare programs at the Princess 11 Anne, Bow Creek, Kempsville, and Williams Farm Recreation Centers. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of March , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B411N4 udget and Management Services c..: tt ey's Office CA15708 R-1 February 16, 2022 49 ITEM— VII.J.lOc ORDINANCES/RESOLUTIONS ITEM#72564 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $138,416 from the Virginia Department of Behavioral Health and Developmental Services to FY 2021-22 Human Services Operating Budget re infant program Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $138,416 FROM THE VIRGINIA DEPARTMENT OF 3 BEHAVIORAL HEALTH AND DEVELOPMENTAL 4 SERVICES FOR THE DEPARTMENT OF HUMAN 5 SERVICES' INFANT PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $138,416 is hereby accepted from the Virginia Department of Behavioral Health 11 and Developmental Services and appropriated, with revenue increased accordingly, to 12 the FY 2021-22 Operating Budget of the Department of Human Services for the Infant 13 Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 S t day of March , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fiirfr ' II/� udget an•Management Services ' Attorney's Office CA15704 R-1 February 17, 2022 50 ITEM— VIIJ.11 ORDINANCES/RESOLUTIONS ITEM#72565 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT the people of Ukraine Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 REQUESTED BY CITY COUNCIL 1 A RESOLUTION SUPPORTING THE PEOPLE OF UKRAINE 2 3 WHEREAS, following the collapse of the Soviet Union, the Ukrainian people voted 4 overwhelmingly to form a nation independent from Russia; 5 6 WEREAS, in the years that followed, Ukraine has been a bulwark against Russian 7 military aggression in Europe; 8 9 WHEREAS, Russian President Vladimir Putin has launched a large-scale unjust 10 and unwarranted invasion of Ukraine, in violation of international peace and security 11 agreements; 12 13 WHEREAS, the Ukrainian people are courageously fighting to defend their country 14 against the brutality of this violent war, which is an affront to both international law and 15 common decency; and 16 17 WHEREAS, the City of Virginia Beach stands in solidarity with the people of 18 Ukraine, and the City Council desires to express the City's support for Ukrainians; 19 20 WHEREAS, the Lesner Bridge is a City landmark and the most prominent bridge 21 in the City, crossing the Lynnhaven Inlet at the mouth of the Chesapeake Bay; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City of Virginia Beach strongly supports and proudly stands with the 27 Ukrainian people and its leaders during this illegal, immoral, and unwarranted invasion of 28 their county; and 29 30 That the City Manager is directed to illuminate the Lesner Bridge in the blue and 31 yellow colors of the Ukrainian flag as a symbol of our City's support. Adopted by the City Council of the City of Virginia Beach, Virginia on the 1st day March , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 46. CA15713 R-1 March 1, 2022 51 ITEM— VII.K.1 PLANNING ITEM#72566 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Luca Engel, 1965 Winterhaven Drive, Phone: 679-9240, spoke in SUPPORT Jamie Silver, 1195 Lawson Cove Circle, Phone: 275-5969, spoke in SUPPORT Bella Enoch, 1929 Marylebone Court, Phone: 805-5543, spoke in SUPPORT K'Vonte Scott 2353 Inlynnview Road, Phone: 352-1903, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Lisa Erwin, 2233 Bartholowews Crossing, Phone: 607-227-1637, spoke in OPPOSITION Upon motion by Council Member Henley,seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, AS AMENDED, Application of PUPS & PINTS, LLC / NAVY FEDERAL CREDIT UNION for a Conditional Use Permit re craft brewery at 2413 London Bridge Road District 5 (Formerly District 7—Princess Anne) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PUPS&PINTS,LLC/NAVY FEDERAL CREDIT UNION for a Conditional Use Permit re craft brewery at 2413 London Bridge Road (GPIN 2404896739) District 5 (Formerly District 7 — Princess Anne) The following conditions shall be required: 1. The property shall be redeveloped in substantial conformity with the preliminary site plan entitled "Pups and Pints Redevelopment Concept Plan", (Concept Plan) revised November 29, 2021,prepared by AES Consulting Engineers, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. When redeveloped, the elevations and building materials shall be in substantial conformity with the exhibit entitled "Pups and Pints—Preliminary Design Development Drawings" dated November 26, 2021,prepared by Riddick Fiedler Stern, PC, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The use of amplified sound outdoor shall be prohibited. 4. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 5. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9)of the Zoning Ordinance. 6. Vehicular parkingfor activities on this site, including but not limited to the doggie daycare and eating&drinking establishment,shall be on-site only and not within the public rights- of-way. March 1, 2022 52 ITEM— VILK.1 PLANNING ITEM#72566 (Continued) 7. The hours of operation shall be as follows: a. The brewery shall be limited to the hours of 8:00 a.m. to 6:00 p.m., daily. b. Outdoor activities associated with the brewery and restaurant shall be limited to the hours of 10:00 a.m. to 8:00 p.m. or dusk, whichever is later. c. Outdoor activities associated with the kennel shall be limited to the hours of 8:00 a.m. to 8:00 p.m. d. The hours of operation of the restaurant shall be limited to 6:30 a.m. to 11:00 p.m., daily. 8. Live entertainment will only be allowed inside the establishment when all the doors and windows are closed. No outdoor live entertainment will be permitted. 9. The occupancy load for the Craft Brewery shall be established by the Certificate of Occupancy as approved by the Permits and Inspections Division of the Department of Planning. 10. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be deemed to be incorporated as conditions with this Conditional Use Permit. 11. All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. 12. The existing pole sign shall be removed prior to the issuance of a Certificate of Occupancy for the Craft Brewery.Any new freestanding sign shall be a monument style sign, the plans for which shall be submitted to the Planning Department for review and approval for compliance with the Zoning Ordinance.If the new freestanding sign is to be located where depicted on the Concept Plan, submittal and approval of an Encroachment Application is required. 13. Any onsite signage shall meet the requirements of the City Zoning Ordinance(CZO), unless otherwise approved by the Board of Zoning Appeals,and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator. 14. Except as permitted by Section 4.1 of the City Code for Special Events, Assembly Uses on the property shall be prohibited unless a Conditional Use Permit is obtained. March 1, 2022 53 ITEM— VII.K.1 PLANNING ITEM#72566 (Continued) 15. The outside exercise area for the Doggie Daycare shall only be available for use by approved and registered member dogs of the daycare business. 16. All dogs that are not approved and registered members of the Doggie Daycare on premises shall be on a leash, within a pet carrier or otherwise in compliance with those applicable regulations set forth in VAC-5-585-3310. 17. The container comfort station depicted on the Concept Plan shall be connected to City water and City sanitary sewer. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1 S`day of March Two Thousand Twenty Two. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 <1\,'/ * t•- \1011j1L-1 ''' t6 Nia r4% z -Ah- , 2 8 O oc in4 in 4 < 0 ("// / -4 [-C4 <',/ ' 0 / - 0 o a ei, i c4" r O � o 0 0 N .a Q ° ° O < ce/ (4 U, I o /t /4 / W /a 0 0 I L'§ c 'N '/o d ;a <<(,7 cc N giv © " ' \ 0 ' N.2 00- - Siv / '---- __ ' ' ' oA* I . , E (-) Ce () „P 0 . . `ce _1 0 c, o'v - • i _1 cy, 4/7/ . .. .,y, � <' � mP , ,O ,, c) 'w z' cl. c / C° e C;I\N CO 1.0.<, r c), oes o .4 ,•\/ (A7 \ C ' c-/ r . LIfte � 4 ipi 0 /<",/ 0/ 8 (Y . N/ , 0. 0 a 4Sp°.Pe s0 O . e or �ti �, ovi; 7r N/ Q/ sIt O 4 " 'f( o / ! � o � o 096 -/ * o ( o , 0) __,, A;s; is:(7Ccer•-• \� p® o t) � � p 0 a a c� oc-, ° 1/4(4 .c , 7 . ), ° -- - co& D°3 it ° ,,c,,)/, / ,c , -,k , .6 , — ' 44p sif _ 4;it. 74t) ° D U -, c;•/4‘ . . -. )7,a7 c)-7-zN-_, * ::(0.s D 4 ,,/ . - Ito ____ w 0 c - 'Ll / ili °D 0° ' C2/ / g ' ''i/ /C1 i DO ° •i • >/Dt Q t / - - 0 'CJ ' t- -- ()/ 4' cmm © d‘ii.\\ ,//Q,t7 ,( , 0 1*: N / ,/ u O/' (n, a11 N CO° o /© -_� � O0 , , < _ 54 ITEM— VII.K.2 PLANNING ITEM#72567 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Richard Depretis, 4909 Rutherford Road, Phone: 619-3251, spoke in SUPPORT Upon motion by Council Member Jones,seconded by Council Member Branch, City Council APPROVED, AS CONDITIONED,Application of ANDERTON ENTERPRISES,INC./CLEMSON JBS,LLC for a Conditional Use Permit re automobile repair garage at 4912 Rutherford Road, Suite 104 District 9 (Formerly District 4—Bayside) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ANDERTON ENTERPRISES,INC./CLEMSON JBS,LLC for a Conditional Use Permit re automobile repair garage at 4912 Rutherford Road, Suite 104 (GPIN 1479233301) District 9 (Formerly District 4—Bayside) The following conditions shall be required: 1. The Category VI landscaping requirement which includes a solid privacy fence, minimum of six(6)feet in height, with evergreen shrubs planted on the outside of the fence will not be installed. This is a deviation to the City Zoning Ordinance(CZO). 2. The landscaping on site shall be installed in conformance with the approved Landscape Plan entitled "Landscape Plan", prepared by Gallup Surveyors & Engineers, date July 10, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 3. No motor vehicles in a state of obvious disrepair shall be stored outside of the building All such vehicles shall only be permitted to be stored within the building. 4. There shall be no outside storage of equipment,parts, tires, or materials. 5. No motor vehicle repair work shall take place outside of the building.All repairs shall take place inside the building with the bay door closed. Work shall be limited to repairs of alignments and calibrations of vehicles equipped with and for Advanced Drive Assistance Systems(ADAS). 6. No motor vehicles shall be parked within any portion of the public right-of-way. 7. Vehicles associated with the operation, employees or otherwise,shall not exceed more than four(4)at any given time. 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. March 1, 2022 55 ITEM— VII.K.2 PLANNING ITEM#72567 (Continued) 9. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. There shall be no portable or nonstructural signs or electronic display signs on the site. 11. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1 S`day of March Two Thousand Twenty Two. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 09£ 00£ OtZ 081. OZ. 09 0£ 0 Taal 6uippn8 6uiuoZ s l0. 04inS `psoJ PioJJauon j Z 1,6l Suo6A,od AJadoJd 3 4- 3u1 `sasiadaa4u3 uopapud an ///.NI ' m N y - - ---t 1,\,/ 4C. 016e i00cc- -- - \\ ZO �)►e i) 'ZOd" '\\ 0\ 0 ca - ?2 ‘ a � 00 ` 9 -a 41:II 0 74‘. * i - -- ? O L - 9'AI z76X' .9 /014:I .. --- C:), Atocl„--1 �, _t/-* 0 0 /o ci as 0 N?,,,,, 0 ` , \ \ '\,,,...) C:2 0,,,,, i r N ot,--, alt , -, , - Or \N N */ -....„.„9„, / \ • , NN , , L Z 8 p.,!o \ Ili -N $4,9,114 ' - & 11 ir, s i 4 I I iii* 4). 1 Z8 1 z- 07 / , ____ I 9 1 56 ITEM— VII.K.3 PLANNING ITEM#72568 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of RALPH BRIAN SLOOP for a Conditional Use Permit re short term rental at 313 15`"Street District 5(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RALPH BRIAN SLOOP for a Conditional Use Permit re short term rental at 31315`"Street(GPIN24271633670000)District 5 (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 313 15th Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire, or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. March 1, 2022 57 ITEM- VILK.3 PLANNING ITEM#72568 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars($1,000,000.00). 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). March 1, 2022 58 ITEM— VIL.K.3 PLANNING ITEM#72568 (Continued) 18. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order.Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1"day of March Two Thousand Twenty Two. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 , \t.-------i\ \ \----\\--- I \ Oa.\ \ 0 \-3\\\ vrip\ \ , ,, 1 \ I ----- c0 C. aOR _______ \ „„, R5S 1 \ ____----_-------" ____._- str eet _' 5th RT3 OR IN �' ,41 �� Site Ralph Brian Sloop \ _W' '' Property Polygons 313 15th Street S Zoning Building - Feet 0 10 20 40 60 80 100 120 59 ITEM— VII.K.4 PLANNING ITEM#72569 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of TODD SWEIGART for a Conditional Use Permit re short term rental at 50519`h Street District 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TODD SWEIGART for a Conditional Use Permit re short term rental at 505 19`h Street (GPIN 24270715260000) District 6 (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 505194 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. March 1, 2022 60 ITEM- VILK.4 PLANNING ITEM#72569 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars($1,000,000.00). 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). March 1, 2022 61 ITEM— VILK.4 PLANNING ITEM#72569 (Continued) 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1s`day of March Two Thousand Twenty Two. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 \ \k___.___,___..\ v_______5, ,\_________i \\______________A 43 b 0 w OR I 0 o 77, IIli OR4. � \ is :� OR i 1 c� or I h gtreet =\ \ 0 ; �gt ' ).Aiat ' ln sty.— eet �gtln Screet -_ OR -�� `OIL OR ' N �� // w , r Site Todd Sweigart \ 01* Property Polygons 505 19th Street s OZoning Building I. • Feet 0 1020 40 60 80 100 120 62 ITEM— VILK.5 PLANNING ITEM#72570 Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of SUZANNE LING for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 114 District 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SUZANNE LING for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 114 (GPIN 24280514483910)District 6(Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 114, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 4. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one(1)hour. 7. I. or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. March 1, 2022 63 ITEM— VII.K.5 PLANNING ITEM#72570 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration;and c. Proof of liability insurance applicable to the rental activity of at least one million dollars($1,000,000.00). 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16,provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). March 1, 2022 64 ITEM— VILK.5 PLANNING ITEM#72570 (Continued) 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1st day of March Two Thousand Twenty Two. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 0111114 OR I 0 OR 7, f 0;R w , /I' \ .1 Street 0 h str = 40� et h s_ tr ______\ OR OR t° N Site w Ahi 1 Suzanne Ling Property Polygons 4005 Atlantic Avenue, Unit 114 S Zoning Building - immum Feet 012.525 50 75 100 125 150 65 ITEM— VII.L APPOINTMENTS ITEM#72571 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEAL BOARD TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD March 1, 2022 66 ITEM— VII.L APPOINTMENTS ITEM#72572 Upon NOMINATION by Council Member Jones, City Council APPOINTED: JAMES B. FRANKENFIELD (Representing Planning Commission, Lynnhaven District) Unexpired thru 12/31/2022 BAYFRONT ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 67 ITEM— VII.L APPOINTMENTS ITEM#72573 Upon NOMINATION by Council Member Jones, City Council REAPPOINTED: VICTORIA STRASNICK Three year term 4/1/2022—3/31/2025 HEALTH SERVICES ADVISORY BOARD Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 68 ITEM— VII.L APPOINTMENTS ITEM#72574 Upon NOMINATION by Council Member Jones, City Council REAPPOINTED: ISRAEL ZOBERMAN Three year term 2/1/2022—1/31/2025 HUMAN RIGHTS COMMISSION Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 69 ITEM— VII.L APPOINTMENTS ITEM#72575 Upon NOMINATION by Council Member Jones, City Council REAPPOINTED: GREGOR Y NOSAL Five year term 3/1/2022—2/28/2027 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 70 ITEM— VILL APPOINTMENTS ITEM#72576 Upon NOMINATION by Council Member Jones, City Council APPOINTED: AEKTA JA VIA Unexpired thru 5/31/2023 MINORITY BUSINESS COUNCIL Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 71 ITEM— VII.L APPOINTMENTS ITEM#72577 Upon NOMINATION by Council Member Jones, City Council APPOINTED: JAMES B. FRANKENFIELD (Representing Lynnhaven District) Unexpired thru 12/31/2022 PLANNING COMMISSION Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: N. D. "Rocky"Holcomb Vice Mayor Rosemary Wilson March 1, 2022 72 NEW BUSINESS ITEM#72578 Mayor Dyer recognized the Public Works Employees who were in the audience and apologized to those who were waiting on his response concerning unionizing City employees. Mayor Dyer advised he was unable to respond due to his unexpected medical issue which caused him to be out during the Month of December. Mayor Dyer advised he is working with the City Manager to get to "yes"on this issue. March 1, 2022 73 ADJOURNMENT ITEM#72579 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:28 P.M. Zir Terri H. elius Chief Deputy City Clerk A n a Ba e , C Robert M. Dyer City Clerk Mayor March 1, 2022 74 OPEN DIALOGUE Barbara Messner, P. O. Box 514, expressed her frustration with City Council Boards and Commissions appointment process Brad Martin, 2305 Bayville Road, Phone: 574-5454, expressed his concerns with the City's stormwater drainage regulations The following registered speakers spoke in SUPPORT of a Collective Bargaining Agreement for City employees: Terry Green, 3500 Dam Neck Road Pat Thebert, 3512 Stancil Street Tracey Smigel, 510 Virginia Avenue Perez Gatling, 965 Baker Road, Phone: 620-8391 —did not respond Veronica Coleman, 6184 Singleton Way, Phone: 572-4391 Brad Belton Blaizen Bloom, 308 Albert Avenue, Chesapeake, Phone: 839-7070 Alfred McClenny, 936 Aragona Boulevard Octavianus Smith, 11 Triple Crown Court#101, Phone: 660-8508 Latasha Holloway, 826 Tuition Court, Phone: 348-0456 Jay Boone, Phone: 613-6971, requested an update on the investigation ofDeShayla Harris ADJOURNED at 9:01 P.M. March 1, 2022