JANUARY 24, 2006 AGENDA
CITY COUNCIL
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E. OBERNDORF,At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER. Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT. At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON. At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
City CLERK - RUTH HODGES SMITH, MMC
CITY COUNCIL AGENDA
24 JANUARY 2006
I.
CITY MANAGER'S BRIEFING
- Conference Room -
A.
B.
1-264 IMPROVEMENT
Horace A. Welch, Transportation Engineer, Sr.
Virginia Department of Transportation (VDOT)
COMPENSATION PLAN
Susan Walston, Chief of Staff
II.
CITY COUNCIL COMMENTS
III.
REVIEW OF AGENDA ITEMS
IV.
INFORMAL SESSION
- Conference Room -
A.
B.
C.
CALL TO ORDER - Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSEDRlVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E- MAIL: Ctycncl@vbgov.com
1:30PM
4:00PM
v.
D.
E.
F.
G.
H.
1.
FORMAL SESSION
- Council Chamber -
6:00 P.M.
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend D. P. Staton
Police Chaplain
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
1.
INFORMAL AND FORMAL SESSIONS
January 10,2006
AGENDA FOR FORMAL SESSION
CONSENT AGENDA
RESO L UTI ONS/O RD INAN CES
1.
Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re pennits for the
selective pruning of certain vegetation in areas around billboards. (Sponsored by Mayor
Meyera E. Obemdorf, Council Lady Reba S. McClanan and Council Lady Rosemary Wilson).
2.
Resolution to REFER to the Planning Commission an Ordinance to amend Sections 501, 901
and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible uses of Zoning
Districts in the clear zone.
3.
Resolutions REQUESTING the Virginia Department of Transportation (VDOT)
ACCEPT:
a.
b.
additional streets for urban maintenance payments
corrections to the road inventory for urban maintenance payments
4.
Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX) an
extension to the Request for Fonnal Renewal Proposal to February 28, 2006 re cable
franchise.
- - - -----1
5.
Resolution APPOINTING Elizabeth C. Kalocay as Assistant City Attorney.
6.
Ordinance to AUTHORIZE acquisition of property, by agreement, for replacement of the
existing Presidential Boulevard Pump Station (#517).
7.
Ordinance to AUTHORIZE the City Manager to lease property at 4797 East Indian River
Road (Stumpy Lake Golf Course) to the Development Authority re advertising a Request
for Proposal (RFP) for the long-tenn operation, management and renovation of the golf
course.
8.
Ordinance to ACCEPT and APPROPRIATE $309,399 from the u.S. Department ofJustice
to the FY 2005-2006 operating budget to provide equipment and training for City
Responders (EMS, Fire, ComIt) to support the response to and coordination of weapons of
mass destruction events.
9.
Ordinances re the Department of Housing and Neighborhood Preservation's FY 2005-2006
operating budget:
a.
APPROPRIATE $360,682 from the Home Program Income to fund non-profit
organizations' housing rehabilitation projects to create affordable rental housing or
very low-income homeless families, assist additional households to become first-time
homeowners and assist current homeowners with reconstruction of their housing
b.
APPROPRIATE $354,225 from the HUD Community Development Block Grant
(CDBG) program income and TRANSFER federal funds of $616,435 to assist
homeowners with repairs, provide additional housing for homeless families and
individuals and fund various operational improvements.
c.
ACCEPT and APPROPRIATE $297,565 in U.S. Department of Housing and
Urban Development (HUD) Section 8 Housing Choice Voucher revenue to fund
rental subsidies for qualifying residents at Morgan Terrace and Ebbetts Plaza
Apartments
J.
PLANNING
1.
Application of BULLFROGS and BUTTERFLIES for a Conditional Use Pennit re
child care education center at 2844 North Landing Road (DISTRICT 7 - PRINCESS
ANNE)
RECOMMENDATION:
APPROV AL
2.
Application of LISA BARLOW for a Conditional Use Pennit re a home occupation
(animal rehabilitator) at 948 Morgan Trail (DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROV AL
3.
Application of PAMELA J. JOHNSON for a Conditional Use Pennit re a home
occupation (daycare) at 3005 Redbud Court (DISTRICT 3 - ROSE HALL)
RECOMMENDATION:
APPROV AL
L.
N.
Agenda 01/24/2006\gw
www.vbgov.com
4.
City Zoning Ordinances (CZO) re Historic Kempsville Master Plan:
a.
ADD Article 20, Sections 2000 through 2004, establishing the Overlay District,
boundaries, use regulations and dimensional, density, landscape and buffering
requirements
b.
AMEND and REORDAIN Section 102, re the establishment of districts and
official zoning maps
c.
AMEND and REORDAIN Article 9, Sections 900 through 906, re the legislative
intent, use regulations, dimensional requirements, landscape screening and
buffering regulations, height regulations, sign regulations, and off-street parking
regulations for the B-4K Mixed Use District
d.
AMEND the Official Zoning Map by the designation and incorporation of the
Overlay District
e.
AMEND the Comprehensive Plan to incorporate the Master Plan
RECOMMENDATION:
APPROV AL
APPO INTMENTS
BEACHES and WATERWAYS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M.
UNFINISHED BUSINESS
NEW BUSINESS
O.
ADJOURNMENT
** * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
***********
I.
CITY MANAGER'S BRIEFING
- Conference Room -
1:30PM
A.
1-264 IMPROVEMENT
Horace A. Welch, Transportation Engineer, Sr.
Virginia Department of Transportation (VDOT)
B.
COMPENSATION PLAN
Susan Walston, Chief of Staff
II.
CITY COUNCIL COMMENTS
III.
REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room -
4:00PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO CLOSED SESSION
v.
FORMAL SESSION
- Council Chamber -
6:00 P.M.
A.
B.
C.
D.
E.
F.
G.
H.
CALL TO ORDER - Mayor Meyera E. Oberndorf
INVOCATION:
Reverend D. P. Staton
Police Chaplain
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
1.
INFORMAL AND FORMAL SESSIONS
January 10, 2006
AGENDA FOR FORMAL SESSION
CONSENT AGENDA
iRtønlutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Infonnation 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 confonnity 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.
I.
RESOL UTI ONS/ORDINANCES
1.
Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re pennits for the
selective pruning of certain vegetation in areas around billboards. (Sponsored by Mayor
Meyera E. Oberndorf, Council Lady Reba S. McClanan and Council Lady Rosemary Wilson).
2.
Resolution to REFER to the Planning Commission an Ordinance to amend Sections 501, 901
and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible uses of Zoning
Districts in the clear zone.
3.
Resolutions REQUESTING the Virginia Department of Transportation (VDOT)
ACCEPT:
a. additional streets for urban maintenance payments
b. corrections to the road inventory for urban maintenance payments
4.
Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX) an
extension to the Request for Fonnal Renewal Proposal to February 28, 2006 re cable
franchise.
5.
Resolution APPOINTING Elizabeth C. Kalocay as Assistant City Attorney.
6.
Ordinance to AUTHORIZE acquisition of property, by agreement, for replacement of the
existing Presidential Boulevard Pump Station (#517).
7.
Ordinance to AUTHORIZE the City Manager to lease property at 4797 East Indian River
Road (Stumpy Lake Golf Course) to the Development Authority re advertising a Request
for Proposal (RFP) for the long-tenn operation, management and renovation of the golf
course.
8.
Ordinance to ACCEPT and APPROPRIATE $309,399 from the U.S. Department of Justice
to the FY 2005-2006 operating budget to provide equipment and training for City
Responders (EMS, Fire, ComIt) to support the response to and coordination of weapons of
mass destruction events.
9.
Ordinances re the Department of Housing and Neighborhood Preservation's FY 2005-2006
operating budget:
a.
APPROPRIATE $360,682 from the Home Program Income to fund non-profit
organizations' housing rehabilitation projects to create affordable rental housing or
very low-income homeless families, assist additional households to become first-time
homeowners and assist current homeowners with reconstruction of their housing
b.
APPROPRIATE $354,225 from the HUD Community Development Block Grant
(CDBG) program income and TRANSFER federal funds of $616,435 to assist
homeowners with repairs, provide additional housing for homeless families and
individuals and fund various operational improvements.
c.
ACCEPT and APPROPRIATE $297,565 in U.S. Department of Housing and
Urban Development (HUD) Section 8 Housing Choice Voucher revenue to fund
rental subsidies for qualifying residents at Morgan Terrace and Ebbetts Plaza
Apartments
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution in Opposit;onto Senate Bill No. 87 and House Bill No. 665, Pertaining
to Permits for the Selective Pruning of Certain Vegetation
MEETING DATE: January 24, 2006
. Background: Senate Bill No. 87 and its identical counterpart, House Bill No. 87,
have been introduced into the 2006 General Assembly Session. If enacted, the bills
would allow VDOT to issue permits, without the City's consent and over the City's
objection, for the "selective pruning" of trees and other vegetation that obstructs
motorists' view of billboards located on any road within the City that the public uses for
purposes of vehicular travel. Mayor Oberndorf and Councilmembers Reba McClanan
and Rosemary Wilson have requested that a resolution in opposition to the bills be
placed on the City Council agenda.
. Considerations: The bills were introduced at the request of the outdoor
advertising industry as a reaction to VDOT's denial of permits sought by Adams
Outdoor Advertising to cut 67 Crepe Myrtle trees and other vegetation in the median
and along Virginia Beach Boulevard last year. The denial was on the basis that the
portion of the road on which the billboards were located was not within VDOT's limited
jurisdiction over roadways within the City. The proposed legislation would expand
VDOT's authority to issue selective pruning permits for billboards located on any street
within the City. Had the proposed legislation been in effect last year, it is likely that the
permits for the "trimming" of the 67 Crepe Myrtles and other vegetation would have
been granted by VDOT.
. Public Information: No formal advertising of the Resolution is required.
However, the Virginia Municipal League, Scenic Virginia and other groups are aware of
the proposed legislation and are actively opposing it. Local groups have also been
notified informally that the Resolution will be considered on Council's January 24
agenda.
.
Recommendations: Adoption of Resolution
.
Attachments: Resolution
Recommended Action: Adoption of Resolution
Submitting Department/Agency:
City Manager:
25
26
27
28
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8
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REQUESTED BY MAYOR MEYERA E. OBERNDORF, COUNCILWOMAN
REBA S. McCLANAN AND COUNCILWOMAN ROSEMARY WILSON
A RESOLUTION IN OPPOSITION TO SENATE
BILL NO. 87 AND HOUSE BILL NO. 665,
PERTAINING TO PERMITS FOR THE SELECTIVE
PRUNING OF CERTAIN VEGETATION
WHEREAS, Senate Bill No. 87 and its identical counterpart,
12
House Bill No.
87,
have been introduced into the 2006 General
13
Assembly Session; and
14
WHEREAS,
if enacted,
the aforesaid bills would allow VDOT
15
to issue permits, without the City's consent and over the City's
16
objection,
trees
for
the
"selective
pruning"
of
and
other
17
vegetation that obstructs motorists' view of billboards located
18
on any road within the City that the public uses for purposes of
19
vehicular travel; and
20
WHEREAS, VDOT's current authority to issue such permits is
21
limited to billboards that are visible from interstate highways,
22
National
System
Highway
highways
and
federal-aid
primary
23
highways,
as
the
former
federal-aid
primary
highway
system
24
existed on June 1, 1991; and
WHEREAS,
there
a
significant
number
of
billboards
are
within the City that are currently not within the jurisdiction
of VDOT, but that would be made subject to VDOT's jurisdiction
if the proposed legislation is enacted; and
1
44
45
46
47
48
49
50
51
29
WHEREAS,
the
proposed
legislation
introduced
in
was
30
reaction to VDOT's refusal to issue a selective pruning permit
31
application filed by Adams Outdoor Advertising (Adams), in which
32
Adams sought to cut down, to a height of four feet,
sixty-seven
33
(67 )
other
Crepe
Myrtles
trees,
four
(4 )
Zelkova
trees
and
34
vegetation
located
in
the
median
and
the
south
side
of
on
35
Virginia
the
Beach
Boulevard,
the
basis
that
on
lacked
VDOT
36
authority to issue the permit because the portion of Virginia
37
Beach
Boulevard
which
the
on
trees
located
is
were
not
an
38
interstate highway, National Highway System highway or federal-
39
aid primary highway,
as the former federal-aid primary highway
40
system existed on June I, 1991; and
41
WHEREAS,
the
legislation
punishes
those
localities,
42
including the City of Virginia Beach,
that have spent money to
43
landscape their roadways, business districts, downtown areas and
other important locations in order to create a more attractive
environment for economic development and tourism; and
WHEREAS,
the proposed legislation also provides
a
strong
disincentive
for localities
landscape
to
such areas
so as
to
improve their appearance and create attractive roadways for the
enjoyment of motorists and pedestrians; and
WHEREAS,
the
proposed
bills
constitute
purely
special
interest
legislation,
in
that
they
benefit
only
the
outdoor
2
73
74
52
advertising industry to the detriment of the public interest and
53
common good; and
54
the regulation of signs and billboards has been
WHEREAS,
55
traditionally considered a matter of local land use traditional
56
left to the discretion and authority of municipal
and county
57
governing bodies that are elected by,
and directly responsible
58
to, their citizens; and
59
it
sense
is
WHEREAS,
the
of
the
Ci ty Council
that
the
60
proposed legislation represents an unwarranted and unnecessary
61
intrusion
a matter
into
that
has
heretofore been wi thin the
62
regulatory province of localities;
63
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
64
OF VIRGINIA BEACH, VIRGINIA:
65
That the City Council hereby expresses its opposition to
66
Senate Bill No.
665,
and respectfully
and House Bill
87
No.
67
requests the General Assembly to decline to enact either bill or
68
any similar or amended legislation of like import.
69
BE
IT
FURTHER
RESOLVED
BY
THE
COUNCIL
OF
THE
CITY
OF
70
VIRGINIA BEACH, VIRGINIA:
71
That
a
the
City
Clerk
is
hereby
directed
transmit
to
72
certified copy of this Resolution to each member of the City's
General Assembly delegation.
3
75
Adopted by the
Council
76
Virginia on the ---- day of
APPROVED AS TO LEGAL SUFFICIENCY:
CA-9893
OID\Land Use\ordres\SB87res.doc
R-2
January 18, 2006
of
the
4
City of Virginia Beach,
, 2006.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution Referring to the Planning Commission an Ordinance to Amend
Sections 501, 901 and 1001 of the City Zoning Ordinance by Prohibiting
Uses Designated as Incompatible in the Portions of Agricultural,
Residential, Apartment, Office, Business, Industrial and PD-H1 Zoning
Districts Within the Clear Zone
MEETING DATE: January 24,2006
. Background: One of the provisions of the December 20, 2005 ordinance
adopting the City's plan for compliance with the BRAC Commission's decision
concerning NAS Oceana was that the City Manager and City Attorney were authorized
and directed to bring forward, for the City Council's consideration, proposed
amendments to the Plan whenever such amendments are necessary or appropriate to
accomplish the purposes of the Plan.
Although the Plan included an ordinance restricting certain development in APZ-
1, it did not provide for restrictions on development in the Clear Zone (nor does the
BRAC Commission's decision require such restrictions). Because of the
appropriateness of restricting development in the Clear Zone in the same manner as it
is now restricted in APZ-1, this resolution is brought forward for the City Council's
consideration.
. Considerations: The resolution refers to the Planning Commission, for action at
its February 8, 2006 meeting, an ordinance that strictly limits development deemed
incompatible in the Clear Zone. The proposed ordinance prohibits any such use in the
Clear Zone unless: (1) it is a replacement of the same use or structure; and (2) the
replacement use or structure is of equal or lesser density or intensity than the original
use or structure. The provisions are identical to those contained in the APZ-1
Ordinance adopted by the City Council on December 20, 2005.
. Public Information: No special form of advertisement or public notice is
necessary for this resolution. The accompanying ordinance, however, must be the
subject of advertised public hearings before both the Planning Commission and the City
Council.
. Alternatives: The City Council may, if it desires, not adopt this resolution. While
the Planning Commission may consider the ordinance even without a resolution, the
resolution requires the Commission to hear the matter at its February 8, 2006 meeting
and to make its recommendation on the ordinance at that time. If the resolution is
adopted it is anticipated that the ordinance will be brought before the City Council on
February 14, 2006
.
Recommendations: Adoption of resolution
.
Attachments: Resolution, proposed ordinance
Recommended Action: Adoption of resolution J:
Submitting Department/Agency: Planning Department N
City Manager: ~ k.. ð(3 S>1'\
1
2
3
4
5
6
7
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AN ORDINANCE TO AMEND SECTIONS
501, 901 AND 1001 OF THE CITY ZONING
ORDINANCE BY PROHIBITING USES DESIGNATED AS
INCOMPATIBLE IN THE PORTIONS OF RESIDENTIAL,
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
WITHIN THE CLEAR ZONE
8
the
public
necessitYr
convenience,
general
WHEREAS,
9
welfare and good zoning practice so require;
10
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
11
CITY OF VIRGINIA BEACH, VIRGINIA:
12
That the above-entitled ordinance, a copy of which is
13
hereto attached,
is hereby referred to the Planning Commission
14
its
consideration
recommendation.
The
Planning
and
for
15
Commission is directed to consider, and make its recommendation
16
such ordinance at its February 8,
2006 public hearing and
on,
17
forthwi th to transmit to the City Council
recommendation
its
18
thereon.
19
Adopted by the Council of the City of Virginia Beach,
20
day of
, 2006.
Virginiar on the
CA-9885
OID\ordres\refer Clear Zoneordin.res
R-1
January 9, 2006
APPROVED AS
CY:
APPROVED AS TO CONTENT:
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14
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16
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21
22
23
24
1
2
3
4
5
6
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AN ORDINANCE TO AMEND SECTIONS 501, 901 AND
1001 OF THE CITY ZONING ORDINANCE BY
PROHIBITING USES DESIGNATED AS INCOMPATIBLE IN
THE PORTIONS OF RESIDENTIAL, BUSINESS AND
INDUSTRIAL ZONING DISTRICTS WITHIN THE CLEAR
ZONE
Sections Amended: CZO §§ SOl, 901 and 1001
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That Sections 501, 901 and 1001 of the City Zoning Ordinance
are hereby amended and reordained, to read as follows:
Sec. 501.
Use regulations [Residential Districts].
. . . .
(c)
Special restrictions in Accident Potential Zone 1 (APZ-
1) .
No use or structure shall be permitted on any property located
within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless
25
such use is designated as Compatible in APZ-1 or the Clear Zone, as
26
the case may be,
in Table 2
("Air Installations Compatible Use
27
Zones Land Use Compatibility in Accident Potential Zones")
of
28
Section 1804; provided,
however, that any use or structure not
29
designated as Compatible shall be permitted as a replacement of the
30
same use or structure if the replacement use or structure is of
31
equal or lesser density or intensity than the original use or
1
32
33
34
35
36
37
38
39
40
41
42
43
44
45
structure.
COMMENT
The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section
1804 in portions of Residential Districts within Clear Zones. The amendment, which has the same effect
in Clear Zones as the APZ-l Ordinance adopted on December 20, 2005, allows replacement uses and
structures so long as they are of lesser or equal density or intensity as the original use or structure.
Sec. 901.
Use Regulations [Business Districts].
(a)
Principal and conditional uses. The following chart lists
those
permitted
within
the
B-1
through
B-4C
Business
uses
46
Districts. Those uses and structures in the respective business
47
districts shall be permitted as either principal uses indicated by
48
"P"
conditional
indicated
by
"C."
and
a
or
as
uses
a
Uses
49
structures
indicated
"X"
shall
be
prohibited
in .the
by
an
50
respective districts. No uses or structures other than as specified
51
shall be permitted.
52
. . . .
53
(c) Special restrictions in Accident Potential Zone 1 (APZ-l).
54
No use or structure shall be permitted on any property located
55
within Accident Potential Zone 1 (APZ-l) or the Clear Zone unless
56
such use is designated as Compatible in APZ-l or the Clear Zone, as
57
the case may be,
in Table 2
("Air Installations Compatible Use
58
Zones Land Use Compatibility in Accident Potential
Zones")
of
59
Section 1804; provided,
however,
that any use or structure not
60
designated as Compatible shall be permitted as a replacement of the
2
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
same use or structure if the replacement use or structure is of
equal or lesser density or intensity than the 'original use or
structure.
COMMENT
The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
Installations Compatible Use Zones Land Use Compatibllity in Accident Potential Zones") of Section
1804 in portions of Business Districts within Clear Zones. The amendment, which has the same effect in
Clear Zones as the APZ-l Ordinance adopted on December 20, 2005, allows replacement uses and
structures so long as they are of lesser or equal density or intensity as the original use or structure.
Sec. 1001.
Use regulations [Industrial Districts].
(c) Special restrictions in Accident Potential Zone 1 (APZ-l).
No use or structure shall be permitted on any property located
81
within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless
82
such use is designated as Compatible in APZ-1 or the Clear Zone, as
83
the case may be,
in Table 2
("Air Installations Compatible Use
84
Land Use Compatibility in Accident
of
Potential
Zones")
Zones
85
Section 1804; provided,
that any use or structure not
howeverr
86
designated as Compatible shall be permitted as a replacement of the
87
same use or structure if the replacement use or structure is of
88
equal or lesser density or intensity than the original use or
89
structure.
90
91
92
93
94
95
COMMENT
The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
Installations Compatible Use Zones Land Use Compatibllity in Accident Potential Zones") of Section
1804 in portions oflndustrial Districts within Clear Zones. The amendment, which has the same effect
3
96
97
98
99
100
101
102
103
104
in Clear Zones as the APZ-l Ordinance adopted on December 20, 2005, allows replacement uses and
structures so long as they are of lesser or equal density or intensity as the original use or structure.
. . . .
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of , 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~
JJ {~ ¡r¡,~
City Attorney's Office
CA-9881
OID\ordres\AICUZ\Clear Zone ordin.doc
R-1
January 6, 2005
4
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEMS: (1)
(2)
A Resolution Requesting the Virginia Department of Transportation to Accept
Additional Streets for Urban Maintenance Payments
A Resolution Requesting the Virginia Department of Transportation to Accept
Corrections to the Road Inventory for Urban Maintenance Payments
MEETING DATE: January 24, 2006
. Background: The Virginia Department of Transportation ("V DOT') maintenance funding is
conditioned upon City Council submitting to VDOT resolutions for all new streets and for all
corrections to the City's road inventory.
. Considerations: The first resolution requests the addition of 13.48 lane miles of new
streets which will be eligible for urban maintenance funds beginning July 1 , 2006. Of these, .80 lane
miles are classified as arterial streets. At the present rate of $14,998 per lane mile, the City will
receive $11 ,998.40. The remaining 12.68 lane miles are classified as local/collector streets. At the
present rate of $8,805 per lane mile, the City will receive $111,647.40. The combined total for
additional urban maintenance funding is $123,645.80.
The second resolution reflects an additional net increase of 4.93 lane miles of arterial and
local/collector streets in the urban street inventory. This increase is the result of the reconstruction
of streets to add, lengthen, and/or replace lanes and the deletion of streets to the street inventory.
Of these, 4.16 lane miles are classified as arterial streets that are being added/replaced. At the
present rate of $14,998, the city will receive an additional $62,391.68. There are 1.37 lane miles
classified as collector/local streets that are being added/replaced. At the present rate of $8,805 per
lane mile, the city will receive an additional $12,062.85. There are .60 lane miles of local/collector
streets being deleted from the street inventory. At the present rate of $8,805 per lane mile, the city
will lose $5,283.00. Local/collector combined, the city will receive an additional $6,779.85. The
combined total of arterial and local/collector streets is $69,171.53.
Based on the cu rrent VDOT rates, the city will net an increase of $192,817.33 in revenue for urban
maintenance funding beginning July 1, 2006, as a result of the above changes. A list of streets is
attached.
.
Public Information: The item will be publicized as part of the City Council's agenda.
.
Recommendations: Approval
.
Attachments:
Resolutions (2)
Form U-1 (street inventory) ("Exhibit A")
Recommended Action: Approval §
Submitting DepartmentlAge~~y: Public W .
City Manager~ ~ ~
1
2
3
4
5
6
7
A RESOLUTION REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO ACCEPT
ADDITIONAL STREETS FOR URBAN
MAINTENANCE PAYMENTS
Virginia
Department
of
Transportation
the
WHEREAS,
8
requires a City Council resolution prior to accepting additional
9
streets for urban maintenance payments;
10
WHEREAS,
the
(12.68
Local/Collector,
.80
13.48
11
Arterial)
lane miles of streets listed on Exhibit A
(attached)
12
have been constructed in accordance with standards established
13
by the Virginia Department of Transportation;
14
WHEREAS,
the City of Virginia Beach has accepted and
15
agreed to maintain these streets; and
16
WHEREAS, a representative from the Virginia Department
17
of Transportation has inspected and approved these streets.
18
NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE
19
CITY OF VIRGINIA BEACH, VIRGINIA:
20
That
City
Council
the
Virginia
hereby
requests
21
Department
of
Transportation
listed on
the
streets
to
accept
22
Exhibit A, attached hereto and incorporated by reference, and to
23
begin paying urban maintenance payments to the City of Virginia
24
Beach based on the established rate.
25
Adopted by the Council of the City of Virginia Beach,
26
Virginia, on the
day of January, 2006.
27
Approved as to Content:
Approved as to Legal Sufficiency:
~~fJ:!bJ~
PubllC Works
J~¿~Urc
City Attorney's fflce
CA9891
H:\PA\GG\OrdRes\VDOT Urban Maint. RES
R-2
January 13, 2006
1
2
3
4
5
6
7
A RESOLUTION REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO ACCEPT
CORRECTIONS TO THE ROAD INVENTORY FOR
URBAN MAINTENANCE PAYMENTS
Virginia
Department
of
Transportation
WHEREAS,
the
8
requires
City
Council
resolution
prior
accepting
to
a
9
corrections or deletions to the revised road inventory for urban
10
maintenance payments;
11
WHEREAS, City personnel have reviewed the revised road
12
inventory prepared by the Virginia Department of Transportation
13
and have determined that some inaccuracies exist;
14
corrections
the
revised
inventory
road
WHEREAS,
to
15
have been made as
shown on Exhibit A
(attached) ,
which will
16
result
in
increase
of
(.77
Local/Collector,
4.16
4.93
a
net
17
Arterial) lane miles; and
18
WHEREAS, a representative from the Virginia Department
19
of Transportation has inspected and approved these corrections.
20
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE
21
CITY OF VIRGINIA BEACH, VIRGINIA:
22
That
City
Council
the
Virginia
hereby
requests
23
Department of Transportation to accept the corrections listed on
24
Exhibit A, attached hereto and incorporated by reference, and to
25
begin paying urban maintenance payments to the City of Virginia
26
Beach based on the established rate.
27
Adopted by the Council of the City of Virginia Beach,
28
Virginia, on the
Approved as to Content:
P ì!i~DA. (1, ~
Publi Works
day of January, 2006.
Approved as to Legal Sufficiency:
CA9890
H:\PA\GG\OrdRes\VDOT Urban Maint.
R-2
January 13, 2006
(2) RES
F U URBAN DIVISION Page of 11
arm -1
(Rev. 1-1-87) VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
ADDITIONS/REPLACE DELETIONS MUNICIPALITY CITY OF VIRGINIA BEACH
LOCAL
STREET NAME I -. TERMINI i RJW PAVEMENT CENTER- NUMBER LANE FUNC.
WIDTH WIDTH LINE OF MILES CLASS
ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES (T6~L~~E
B08 I SUNNYSIDE DR MORGAN TR HUNTS POINTE DR 60 ~_6 - _._._~.39 2 0.78
C05 I BUCKINGHAM CT N WEBLIN DR CUL-DE-SAC 40 0.04 I 2 I 0.08
C05 I BUCKINGHAM CT S WEBLIN DR CUL-DE-SAC I 50. I 40 I 0.04 I 2 I 0.08
C11 I GARNER LA LYM DR 30' W OF ANTONICK LA -1-- - nn. 5_0 3~ n __n__0~~5- __n 2 I 0.30
C11 HEALD WY BIZZONE CI S DEAD END 60 35 0.54 2 I 1.08
D05 BACKWOODS RD MEADOW GROVE TL KINDLEWOOD DR 50. 30 0.26 2 I 0.52
E11 I ADAIR DR I DARDEN DR N CUL-DE-SAC - ----SOu - - -----;0 - - n 0.25- n--- - 2 I 0.50
~~ I :::: ~~ I ::;;:::ONPK -- :~~::~ RD .:: -n:~~~1 :--n ;~: I =--~- :::
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED JJN~IP~ I~?(o~n--
SIGNED_n_n__~_nn_u____._---n_---- .___n___--nn---
RESIDENT ENGINEER DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED
TPD ENGINEER
DATE
Form U-1
(Rev. 1-1-87)
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of VIrginia
Page
of 11
ADDITIONS/REPLACE DELETIONS
URBAN MINOR ARTERIAL
FROM
TO
MUNICIPALITY CITY OF VIRGINIA BEACH
I PAVEMENT l-nF~~C.
RIW CENTER- NUMBER LANE
WIDTH WIDTH LINE OF MILES CLASS
(FEET) (FEET) MILES LANES (TPD USE
ONLY)
_____n' ,--
50 30 0.20 2 0.40
- - _n- ____n__..
0.32 4 1.28
-- ---- -, -,- - n___- -
50 30 0.16 4 0.64
50 23 1.72 4 6.88
II -- __n_-
STREET NAME
ROUTE NUMBER
107 FAIR LADY RD
110 DRAKESMILE RD
J10 LONDON BRIDGE RD
TERMINI
ELON DR
POTTERS RD
SHIPPS CORNER RD
DAM NECK RD
J10 l- LONDON BRIDGE RD
1.72MN INTERNATIONAL
PKWY
! INTERNATIONAL PKWY
ELON DR
1.72MN INTERNATIONAL PKWY
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED£jéí~-- - ~rlt?b
SIGNED__n___n_n______------- -
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY_TPD ENGINEER
DATE
Form U-1
(Rev. 1-1-87)
Deletions
LOCAL
STREET NAME
MEADOW GROVE TRL
GRAYSON RD
CULVER LA
ROUTE NUMBER
FROM
I
D05 \ BACKWOODS DR
D07
L11
MORRIS AV
AZTEC CT
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
Page
of 11
MUNICIPALITY
CITY OF VIRGINIA BEACH
TERMINI RIW PAVEMENT CENTER- NUMBER LANE FUNC.
WIDTH WIDTH LINE OF MILES CLASS
TO (FEET) (FEET) MILES LANES (TPD USE
ONLY)
KINDLEWOOD LA 50. I 31 1 0.261 21 0.52
CUL-DE-SAC 40. 1 20 I 0.15
CUL-DE-SAC 50 I 301 0.041 21 0.08
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED Alt. ~ '_v:J_""C'yruV_-- jJ3 ~b-
MUNICI~~;;-(êiA"L-"'-- DATe
Submit to
Resident Engineer in Triplicate
SIGNED_. u_m.__._..----'
RESIDENT ENGINEER
DATE
CLASSIFIED
TPD ENGINEER
DATE
Form U-1
(Rev. H-87)
DeletionsfTo be replaced
LOCAL
STREET NAME
ROUTE NUMBER
B08
SUNNYSIDE DR
C05
BUCKINGHAM CT N
C11
GARNER LA
C11
GARNER LA
C11
HEALD WY
C11
HEALD WY
C11
HEALD WY
C11
HEALD WY
D05 I BACKWOODS RD
E11 I ADAIR DR
107
LONDON BRIDGE RD
107
LONDON BRIDGE RD
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
MORGAN TR
WEBLIN DR
110' W OF LYM DR
L YM DR
TERMINI
FROM
TO
DEAD END
WEBLIN DR
30' W OF ANTONICK LA
110'W OF LYM DR
99' N OF L YM DR (PHASE
LlNE-PH3. SEC1)
BIZZONE CI
113' S OF LYM DR
S DEAD END
PHASE LINE
E DEAD END
S DEAD END
PHASE LINE
END OF CONST
KINDLEWOOD DR
I DARDEN DR
-I- POTTERS RD
I~OTTERSRD
CUL-DE-SAC
GREAT NECK RD
GREAT NECK RD
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED~N{lip~. ~ Jrz/O6
Submit to
Resident Engineer in Triplicate
MUNICIPALITY
- I
RIW PAVEMENT
WIDTH WIDTH
(FEET) (FEET)
50
50
50
60
60
50
50
50
50
Page
of 11
CITY OF VIRGINIA BEACH
.... -.
CENTER-
LINE
MILES
37
0.34
20
0.09
30
0.13
50
0.02
30
0.04
35
0.50
30
0.15
30
0.13
30
0.24
30
0.07
16
0.19
30
0.19
SIGNED-
RESIDENT ENGINEER
NUMBER
OF
LANES
CLASSIFIED BY-TPD-.ENGINEER
LANE
MILES
I. FUNC.
CLASS
(TPD USE
ONLY)
2
0.68
2
2
2
2
2
2
2
2
2
2
DATE
DATE
0.09
0.26
0.041
I
0.08
1.00
0.30
0.26
0.48
0.14
0.38
0.38
Form U-1
(Rev. 1-1-87)
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
Page
of 11
Deletionsrro be replaced
LOCAL
MUNICIPALITY
CITY OF VIRGINIA BEACH
~ - - - - u- --
CREW CT
50
30
0.11
____un,
,
,
NUMBER LANE FUNC. I
OF MILES CLASS
LANES (TPD USE
ONLY)
2 0.22
2 0.14
I
Ii
J05 GAL YPSO LA
L11 HAVILLAND DR
ROUTE NUMBER
OLD CUTLER RD
DAVINCI DR
FROM
TO
R/W
WIDTH
(FEET)
PAVEMENT
WIDTH
(FEET)
CENTER-
LINE
MILES
STREET NAME
TERMINI
DAVINCI DR
------,--.
50 I
30
0.07
.COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED_~llL~IVJ..J:)Mr n.1/i~!~6
MUNICIPALõFF!ê¡'Ãl "'om- - DAfl
SIGNEQ__~~._-- -~
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY-TP-OENGINÉ-ER
DATE
Form U-1
(Rev. 1-1-87)
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
Page
of 11
Deletions/To be replaced
URBAN MINOR ARTERIAL
MUNICIPALITY
CITY OF VIRGINIA BEACH
110
LONDON BRIDGE RD
EXT
LONDON BRIDGE RD
ROUTE NUMBER
STREET NAME
TERMINI RfW PAVEMENT CENTER- NUMBER LANE FUNC.
WIDTH WIDTH LINE OF MILES CLASS
FROM TO (FEET) (FEET) MILES LANES (TPD USE
ONLY)
SHIPPS CORNER RD DAM NECK RD I 0.321 41 1.28
1.72MN INTERNATIONAL POTTERS RD 50. I 30 I 0.161 21 0.32
PKWY
INTERNATIONAL PKWY 1.72MN INTERNATIONAL PKWY I 50. 231 1.72 I 21 3.44
J10
J10
LONDON BRIDGE RD
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED!uN~P~
l~3~b~
%iT{Ç
SIGNED~_____--~~- -
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED
TPD ENGINEER
DATE
Form U-1
(Rev. H-87)
New Street
lOCAL
B08 CARDAMON DR
B11
B11
B11
C05
C11
C11
C11
E11
F02
FO?
F08
STREET NAME
ROUTE NUMBER
BARKIE CT
CORBIN DR
KEMPSVillE
CROSSING lN
.. -
ADMISSIONS CT
ANTONICK lA
l YM DR
SilVERIA ST
Fl YFISHER CT
LAUDERDALE A V
BUDDING AV S
BROOKSIDE CT
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
TERMINI
FROM
SUNNYSIDE DR
CORBIN DR
KEMPSVillE RD
KEMPSVillE RD
S CUL-DE-SAC
l YM DR
HEALD WAY
AVERYWY
INDIAN RIVER RD
MORTONS RD
INVERNESS RD
BROOKSIDE LA
TO
HUNTS POINTE DR
N CUL-DE-SAC
BLADE CT
CUl DE SAC
HERBERT MOORE RD
W DEAD END
END OF CONSTRUCTION
S DEAD END
CUL-DE-SAC
E DEAD END
BONNEY RD
CUL-DE-SAC
.COUNCll RESOLUTION AND MAP ATTACHED
SIGNED /J/), ~'_JL]'A^ÎAu-r - ¡J¿3b6
MUNICIP~~bY:(-K...... DAft
Submit to
Resident Engineer in Triplicate
RfW
WIDTH
(FEET)
MUNICIPALITY
PAVEMENT
WIDTH
(FEET)
50
50
50
60
36'2"
Page
of 11
CITY OF VIRGINIA BEACH
CENTER-
LINE
MilES
NUMBER
OF
LANES
2
50
60
50
50
50
50
30
0.16
31
0.03
31
0.04
0.29
0.06
25
0.01
25
0.54
30
0.02
25
0.10
22
0.04
30
0.15
30
0.05
SIGNED
RESIDENT ENGINEER
CLASSIFIED BY-TPDENGINEER
lANE
MilES
2
2
2
2
2
2
2
2
2
2
2
DATE
DATE
FUNG.
GLASS
(TPD USE
ONLY)
0.32
0.06
0.08
0.58
0.12
0.02
1.08
0.04
0.20
0.08
0.30
0.10
)
Fonn U-1
(Rev. 1-1-87)
New Street
LOCAL
STREET NAME
ROUTE NUMBER
F11 BUCKHORN CT
F12
BOYSENBERRY CT
F12
CRANBERRY CT
F12 \ DEWBERRY LA
F12
SPICEBERRY CT
F12
TEABERRY CT
G04
MATOAKA PLACE
H04
WATERSEDGE CT
H13
BACH LA
H13
EINSTEIN DR
,
H13
HEMINGWAY RD
H13
HEMINGWAY RD
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
i
I
i-BUCKHORN PL
TERMINI
RfW
WIDTH
(FEET)
FROM
TO
CUL-DE-SAC
DEWBERRY LA (NB)
W CUL-DE-SAC
DEWBERRY LA (NB)
W CUL-DE-SAC
¡CUL-DE-SAC
i
j- -- ---
! DEWBERRY LA (NB)
INDIAN RIVER RD
W CUL-DE-SAC
DEWBERRY LA (NB)
E CUL-DE-SAC
- ---------------
LITTLE NECK RD
-- ---- ----------
WATERSEDGE DR
EINSTEIN DR
E CUL-DE-SAC
E CUL-DE-SAC
HEMINGWAY RD
I-
I
END OF CUL-DE-SAC
EINSTEIN DR
CADENCE WY
EISNTEIN DR
EINSTEIN DR
EINSTEIN DR
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED -~- Il, fhul '" j. &;.1[- ;/¡ ~ lob
MUNICIP~~-- DA¥€(,
Submit to
Resident Engineer in Triplicate
MUNICIPALITY
PAVEMENT
WIDTH
(FEET)
50
50
50
50
50
40
50
50'
50'
60
50'
Page
of 11
CITY OF VIRGINIA BEACH
CENTER-
LINE
MILES
0.03
26
0.10
26
0.07
26
0.27
26
0.02
26
0.03
30
0.09
25
0.07
24
0.07
24
0.92
44
0.03
24
0.14
SIGNED-
RESIDENT ENGINEER
CLASSIFIED
TPD ENGINEER
NUMBER
OF
LANES
LANE
MILES
2
2
2
2
2
2
2
2
2
2
2
2
DATE
DATE
0.06
0.18
0.14
0.14
1.84
0.06
0.28
FUNC.
CLASS
(TPD USE
ONLY)
0.06
0.20
0.14
0.54
0.04
Form U-1
(Rev. 1-1-87)
New Street
LOCAL
STREET NAME
ROUTE NUMBER
H13
STEPHENSON CT
H21
MANSFIELD LA
113
I BLAKE ST
I LONGWORTH CT
I
113
113
STEINBECK CT
114
STONE WOOD
CROSSING
STONEWOOD DR
114
J12
CABOT CT
J12
FENWICK WY
J12
FENWICK WY
J12
KNOX CT
J12 \ PIERCE LA
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
TERMINI
~ --
EINSTEIN DR
BLACKWATER RD
EINSTEIN DR
FROM
TO
END OF CUL-DE-SAC
W CUL DE SAC
EINSTEIN DR
EINSTEIN DR
EINSTEIN DR
STONEWOOD DR
END OF CUL-DE-SAC
END OF CUL-DE-SAC
STONEWOOD DR
330' NORTH OF INDIAN
PLANTATION DR
FENWICK WY
PRINCESS ANNE RD
RAYBURN LA
FENWICK WAY
S DEAD END
DEAD END AT CUL-DE-SAC
S CUL-DE-SAC
RAYBURN LN
E CUL-DE-SAC
E CUL-DE-SAC
W CUL DE SAC
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED_P,-HL.IL"ð~ 1~ ~ ~~-;)¿ _:l!Pþ
MUNICIP~XL DAi{'"
Submit to
Resident Engineer in Triplicate
MUNICIPALITY
Page
CITY OF VIRGINIA BEACH
0.03
NUMBER
OF
LANES
2
RIW
WIDTH
(FEET)
PAVEMEN~ II CENTER-
WIDTH LINE
(FEET) MILES
50'
60
50'
50' I
50'
50' i
50'
50
50
50'
50
50
24
26
24
24
24
24
24
30
30
30
30
30
0.74
0.12
0.12
0.03
0.06
0.49
0.11
0.20
0.20
0.06
0.07
SIGNED____------- -- -- -
RESIDENT ENGINEER
CLASSIFIED BY TPO-ËNGiNEER
of 11
~~L~~--II-~;~S-1
(TPO USE
ONLY)
2
2
2
2
-- ------------
2
2
2
2
2
2 I 0.12
I
-21~- __0.14
DATE
DATE
0.06
1.48
0.24
0.24
0.06
0.12
0.98
0.22
n!
0.40
0.40
Form U-1
(Rev. 1-1-87)
New Street
LOCAL
J12
RAYBURN LA
ALBUQUERQUE DR
STREET NAME
ROUTE NUMBER
M12
M12
CHAMBERINO DR
M12 In DASA LEO CT
M12
RIO RANCHO DR
M12
VALLE RIO WY
FENWICK WY
NIMMO PK
S CUL-DE-SAC
ALBUQUERQUE DR
CHAMBERINO DR
W CUL-DE-SAC
FROM
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED !1ltrp~-
Submit to
Resident Engineer in Triplicate
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
TERMINI
TO
PIERCE LA
RIO RANCHO DR
N CUL-DE-SAC
W CUL-DE-SAC
W CUL-DE-SAC
E DEAD END
d~bt. -
DA~l-
MUNICIPALITY
RJW
WIDTH
(FEET)
PAVEMENT
WIDTH
(FEET)
50
50
50
50
50
50
Page
CITY OF VIRGINIA BEACH
CENTER-
LINE
MILES
30
0.08
30
0.17
30
0.18
30
0.06
30
0.16
30
0.13
SIGNED- _n__n -
RESIDENT ENGINEER
CLASSIFIED
TPD ENGINEER
NUMBER
OF
LANES
21
2l---_n
--~2Í
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Granting Cox Communications of Hampton Roads,
LLC An Extension to Respond to the City's Request for Formal
Renewal Proposal Regarding the City's Cable Franchise
MEETING DATE: January 24, 2006
. Background: The City's cable franchise agreement with Cox Communications
of Hampton Roads, LLC ("Cox") expires in May 2006. In an effort to obtain a favorable
renewal agreement, staff recommended to Council on November 8, 2005 that the City
proceed in its negotiations with Cox pursuant to the formal renewal process set forth in
the Cable Act. A resolution was adopted by Council on November 22, 2005 authorizing
the City Manager to issue a Request for Formal Renewal Proposal to Cox. The
deadline for Cox to issue a response to the Request for Formal Renewal Proposal is
January 23, 2006.
. Considerations: Cox has requested that the said deadline be extended by the
City. This resolution will extend the deadline for Cox to respond to the City's Request
for Formal Renewal Proposal to February 28, 2006.
. Public Information: To be advertised in the same manner as other items on
Council's agenda.
.
Alternatives: No extension or a ninety (90) day extension.
.
Recommendation: Adoption of Resolution
.
Attachments:
Resolution
Recommended Action: Adopt Resolution
Submitting Department! Agency: ComlT
City Manager: ~ t~ ~
1
2
3
4
5
6
7
WHEREAS,
8
Council
authorized
A RESOLUTION GRANTING COX
COMMUNICATIONS OF HAMPTON ROADS,
LLC AN EXTENSION TO RESPOND TO THE
CITY'S REQUEST FOR FORMAL RENEWAL
PROPOSAL REGARDING THE CITY'S
CABLE FRANCHISE
by
resolution
City
November
dated
22,
2005,
the
City
a
Request
for
issue
Manager
to
9
Formal Renewal Proposal to Cox Communications of Hampton Roads,
10
LLC ("Cox") regarding the City's cable franchise with Cox; and
11
WHEREAS,
12
in 47 U.S.C.
13
issue
must
14
Proposal; and
pursuant to the formal renewal process set forth
§546,
the City may establish a date by which Cox
a
to
the
for
Formal
Renewal
Request
response
15
WHEREAS, the existing deadline for Cox to issue a response
16
is January 23, 2006; and
17
WHEREAS,
Cox
has
that
said
be
deadline
the
requested
18
extended by the City;
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20
OF VIRGINIA BEACH:
21
That City hereby extends the deadline for Cox to respond to
22
the City's Request for Formal Renewal Proposal to February 28,
23
2006.
24
Adopted by the City Council of Virginia Beach, Virginia on
25
this
day of
, 2006.
APPROVED AS TO CONTENTS:
~~~
H:\PA\GG\OrdRes\Cox Amendment res
R-2
January 13, 2006
C,A <1 S 8CJ
APPROVED AS TO LEGAL
SUFFICIENCY:
A_f ~
City Attorney Offlce
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution Appointing Elizabeth C. Kalocay as an Assistant City
Attorney
MEETING DATE: JanÜary 24,2006
. Background: On November 22, 2005, City Council adopted an ordinance that
established an additional full-time attorney position in the City Attorney's FY 2005-06
Operating Budget. The position was added in response to significantly increased
demand for attorney services by the Department of Human Services Child Protective
Services Program and Adult Protective Services Program.
Section 2-166 of the City Code provides that "[t]he city council may, from time to
time, upon recommendation of the city attorney, appoint such deputy and assistant
city attorneys as it may deem necessary to serve at the pleasure of the city attorney."
. Considerations: The proposed appointment of Elizabeth C. Kalocay will fill the
position established by City Council to provide additional attorney services to the
Department of Human Services.
.
Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: City AttorfiY'Ý~ ~
City Manager: "-j ..---
1
2
A RESOLUTION APPOINTING ELIZABETH
KALOCAY AS AN ASSISTANT CITY ATTORNEY
C.
3
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4
VIRGINIA:
5
That, pursuant to § 2-166 of the Code of the City of Virginia
6
Beach, Elizabeth C. Kalocay is hereby appointed as Assistant City
7
Attorney, effective February 1, 2006.
8
Adopted by
Council
City of Virginia
the
of
the
Beach,
9
Virginia, on the
day of
, 2006.
APPROVED AS TO LEGAL SUFFICIENCY:
;E:~
City Attorne~fice
CA9892
H:\GG\Ordres\Kalocay.Appointment.Res.doc
R-1
January 12, 2006
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Acquisition of a new sanitary sewer pump station site for the replacement
of the existing Presidential Boulevard Pump Station #517
MEETING DATE: January 24, 2006
. Background: The existing pump station is 34 years old and has capacity and
structural deficiencies beyond renovation, requiring replacement. City of Virginia Beach
Public Schools owns the preferred pump station location, which is located in the corner
of the Windsor Oaks Elementary School site.
. Considerations: Several meetings have taken place between City of Virginia
Beach Public Schools and Public Utilities to coordinate the acquisition of the new pump
station site. If City Council approves this ordinance, the acquisition of the pump station
site will be presented to the School Board for its approval.
. Public Information: A project presentation was made at the Princess Anne Civic
League meeting on November 8, 2005. The presentation explained the purpose of the
project, location and schedule. Flyers were hand delivered to residents living adjacent to
the project. Also, an article about the project was published in the November edition of
the Princess Anne Plaza Civic League monthly newsletter.
. Alternatives: The other feasible alternative would be to buy a house adjacent to
the existing pump station and demolish the house. This alternative would cost
approximately $125,000 more.
. Recommendations: Staff recommends the City Council approve the attached
ordinance, which authorizes the City to acquire by agreement, all land necessary for the
construction of the new sanitary sewer pump station. Funding will come from CIP
project 6-066 Pump Station Modifications, Phase IV.
.
Attachments: Ordinance and plat for pump station site.
Recommended Action: Approve ordinance - J~ ~
Submitting Department/Agency: Public Utilities 4 m 4Cl4' í :If[.
City Manager~ t .~!YJt
1
2
3
4
5
6
7
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR THE
PRESIDENTIAL BOULEVARD PUMP STATION SITE,
BY AGREEMENT, FOR THE FOLLOWING SANITARY
SEWER PROJECT, PUMP STATION #517
6-066 Presidential Boulevard Pump Station
8
WHEREAS, in the opinion of the Council of the City of Virginia
9
Beach, Virginia, a public necessity exists for the construction of
10
this important water and sanitary sewer project to provide needed
11
improvements to the City's water and sanitary sewer systems and for
12
other public purposes including the preservation of the safety,
13
healthr comfort, and convenience, and for the general welfare of
14
the people in the City of Virginia Beach:
15
NOWr THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16
VIRGINIA BEACH, VIRGINIA:
17
1.
That the City Council finds there is a public necessity
18
for this sanitary sewer project, and authorizes the acquisition by
19
agreement pursuant to Section 15.2-1800, Code of Virginia, 1950, as
20
amended, of all that certain real property in fee simple, including
21
temporary and permanent easements and rights-of-way (collectively,
22
the "Property") as may be necessary to construct the project and as
23
is shown on the plans for the project, and as is more specifically
24
described on the acquisition plat for the project (collectively,
25
the
"Plans"),
and
the
Plans
file
in
Engineering
the
are
on
26
Division, Department of Public Utilities, City of Virginia Beach,
27
Virginia.
Such acquisition will be made only after compliance with
28
Administrative
Directive
"Public
for
Public
3.14
for
Input
29
Infrastructure Projects Undertaken in the City."
30
2.
That the City Manager is hereby authorized to make or
31
cause to be made on behalf of the City of Virginia Beach, to the
32
extent that funds are available, a reasonable offer to the owners
33
or persons having an interest in the Property.
34
Adopted by the Council of the City of Virginia Beach,
35
Virginia, on the
day of
, 2006.
APPROVED AS
SUFÆ'ICIENC
/'iI,
I 'j!
CA9827
F:\Data\ATY\OID\REAL ESTATE\Encroachments\PU Ordinances\Presidential Pump
Station\PresidentialCA9827.v2doc.doc
R-2
January 12, 2006
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PUtT SHOWING
PERMANENT PUBLIC UllLlTY EASEMENT,
TEMPORARY CONSTRUCTION IiASEMENT
ANO PUMP STATION PARCEL
10 BE: ACOUIRED fOR
PRESiDE:NTIAL PUMP STATION PROJECT CIP 6-066
BY THE CITY or VIRGINIA BEACH
FROM
THE SCHOOL BOARD
OF THE CITY OF VIRGINIA BEACH
VIRGINIA BEACH, vlRG'lNIA
.ÇCALE; ,. - 40' OATE:; NOVEMBER " 2004
PRECISION MEASUHEMENTS, INC,
www.PHH:ISIONUE:ASVREMENrs.coA'
SURI'E:YOHS " CPS " CIS
851 Sf;oIHAWK CIRCLE, SUITe 10,'
",RGINIA SéACH, VIRGINIA 2J<S2
""PROVEO: OATE:
CHAIRIIAN, SCliOOt. o.OARO OF CIIT or WlCINlA BlACI/
APPRO!ÆQ; fACILiTies. PL_IING ¡, CONSrRUCTION. CITY OF 'VIRCINl~AJk¡CI/ PfJ8/JC saiooLs
APPRO!ÆO.. çlllt ~r C. ~S'" GATE: IfJ'7.f1S
OIRec OF PUBLIC HO'IKs. CITY OF VlRCINlA 8£ACH. VlRClNIA
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Request for the City of Virginia Beach to lease the Stumpy Lake Golf Course
property to the Virginia Beach Development Authority (VBDA) for the purpose of the
VBDA initiating a Request For Proposal (RFP) process for the long-term operation,
management and renovation of the course.
MEETING DATE: January 24,2006
. Background: The City acquired the Stumpy Lake property (1,400 acres) in June
2001 through the settlement of a condemnation action with the City of Norfolk. The size
of the golf course parcel is approximately 300.24 acres, of which 296 acres is under
lease with Stumpy Lake Golf Course, Incorporated for the management and operation
of the parcel as a public golf facility. The current golf course management lease will
expire at the end of September 2006. In January 2005, a policy report recommended
that a long-term lease be entered into for the management and renovation of Stumpy
Lake Golf Course. Various altematives were identified and City Council directed staff to
work with the VBDA to select a firm to undertake the renovation and long-term
management of the course through an RFP process.
. Considerations: The City has entered into two public-private partnerships for
golf courses (Heron Ridge and TPC) using the VBDA. Both agreements addressed the
construction and management of the courses and require yearly lease payments to the
City. The Stumpy Lake Golf Course is in need of renovations to remain competitive
within the golf market. The projected cost for improvements to the course infrastructure
exceed $4 million.
. Alternatives: (1) Proceed with approval of the lease of the golf course property
to the VBDA for the purpose of its undertaking an RFP process to select a firm to
renovate the course and manage it. (2) Defer the long-term lease and undertake
another five-year lease agreement. (3) Have the City undertake the management and
renovation of the golf course property.
. Recommendations: Approve the ordinance to lease the golf course property to
the VBDA and to request the VBDA advertise an RFP for a public-private partnership
and negotiate terms for the renovation and long-term management and operation of
Stumpy Lake Golf Course.
.
Attachments: Ordinance
Map
Summary of Terms
Recommended Action:
Submitting DepartmenllAgen~ Deparbnent of Parks and Recreation ~
City Manager: ~ . ~()(I-(
H:\OID\REAL EST A TE\LEASES\STUMPY LAKE\Agenda Request VBDA Jan06l.doc
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO LEASE CITY
PROPERTY LOCATED AT 4797 EAST
INDIAN RIVER ROAD, VIRGINIA
BEACH, VIRGINIA (STUMPY LAKE
GOLF COURSE) TO THE CITY OF
VIRGINIA BEACH DEVELOPMENT
AUTHORITY
WHEREAS, the City owns approximately 296.03 acres of
11
real property located at 4797 East Indian River Road,
12
Virginia Beach, Virginia, also known as Stumpy Lake Golf
13
Course and as shown on Exhibit A ("the Property");
14
WHEREAS, the Property is currently being leased to
15
Stumpy Lake Golf Course, Incorporated for the management
16
and operation of the Property as a public golf facility,
17
which lease will expire on September 30, 2006;
18
WHEREAS, the City desires to lease the Property to the
19
Virginia Beach Development Authority for the purpose of
20
initiating a Request for Proposal (RFP) process for the
21
long-term leaser management, and renovation of the
22
Property; and
23
WHEREAS, the long-term management and renovation of
24
the Property will serve to enhance the economic interests
25
of the citizens of the City of Virginia Beach.
26
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
27
CITY OF VIRGINIA BEACH, VIRGINIA:
28
That the City Manager is hereby authorized on behalf
29
of the City of Virginia Beach to enter into a lease with
30
the Virginia Beach Development Authority for approximately
31
296.03 acres of real property located at 4797 East Indian
32
River Road, Virginia Beach, Virginia, known as Stumpy Lake
33
Golf Course in accordance with the Summary of Terms
34
attached hereto and such other terms, conditions, or
35
modifications as may be satisfactory to the City Attorney
36
and the City Manager.
37
Adopted by the Council of the City of Virginia Beach,
38
Virginia, on the
day of January 2006.
CA-9831
H:IOIDIREAL ESTATEILEASESISTUMPY LAIŒ\Stumpy Lake Leose Ordin.doc
R-l
January 3, 2006
APPROVED AS TO CONTENT:
Depar
Recrea
APPROVED AS TO LEGAL
SUFFICIENCY:
Cit
Exhibit A
~
LLJ
¡....'"
~c:o
'" '"
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z'"
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~O
8-<
uZ
...... LLJ'
zZ
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~¡;
~::>
"'°
. '"
~
LEGEND
.
PIN (F)
CORNER NOT SET
STUMPY lAKE
+
L41
L37
0
...,
...J
,. ~ ,
(- \ ;1
\ I "
\ I I
'I II
\] II
I I / I
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II \ " --- ,"\\
'" --'.:J
, '
"(~;>' " ",
("'6' ~ ~ -:::-:.::
- LZS
NOTE:
1. MERIDIAN SOURCE IS BAS£D ON VA. STATE PlANf COORDINATE SYSTEM, SOUTH ZONE, NAD 1983'86.
COORD1NATES SHOWN ARE EXPRESSED IN INTERNATIONAL FEET (ONE FOOT EQUAl 0.3048
MET!'P.S). .
2. TOPOGRAPHIC FEATURES SHOWN HEREON ARE REFERENCED FROM THE CI1Y OF VIRGINIA
BEACH CENTER FOR GIS.
LINE DATA CHART
R DIRECTION DISTANC!
5 23'53'38 E 30.57'
577'13'08" W 1278.42'
502'37'13" E 302.20'
S 74.36' 45" W 30.72'
N 02.37'13. W 307;50'
N 77'13'08" E 1272.53'
N 74'38'45" E 207.~1'
5 10'0<1 07" E 283.31'
5 17.5545" E 390.17'
5 30.10 48".E 682.61'
S 30'36'37" E 1356.28'
563'41'19" E 208.17'
541"23'43" E 363.27'
509"3.4 41" E 11>7.51>'
S 53"07'00" E 128.71'
5 46"45' 47" E 538.76'
5 12"09'51" W 111.95'
S 15"22'38" E 420.60'
504'20'17" E 482.02'
559'30'47" W244.61'
N 56.25'19" W 764.09'
N 84'43 21" W 388.36'
N 73.13'24" W 58.2.56'
576.01'59" W 1097.39'
579'14'00" W 732.78'
N 4~"23'10" W 71>8.05'
520'41'14" W 143.15'
N 84.03'03" W 143.56'
N 11"34'12" W 756.41'
N 02.O9'37".E 473.53'
N 41.05'13" E 185.57'
N '09.49'11>" E 540.64'
N 04'30'54" W 113.44'
N 20.32 51" E 127.13'
N 22.50'34" W 452.11~
N 13.35'13" W 747.07'
N 06"35'35" E 110.09'
N 61"51'57" E 97.83'
N 00"50'37" W 101.19'
N 74"30'33" E 456.86'
N 83"21> 42" E 443.16'
N 80"05'04" E 406.17'
N 66"07'32" E 268.37'
N 52"25'38" E 44.65'
5 19.11'42" E 171.79'
N 74"38'45" E 378.20'
N 74.38'45" E 616.83'
STUMPY LAKE
.'
CURV'E DATA CHART
NUMBER RAOIUS ARC LENGTHOELTA AtoiGlE CHORO OIRECTION CHORD LENGTH TANG£toIT
.... 53.0C 76.45 82.39'00" N 35"53'3.9" E 69.99 46.60
ë2 23.00 33.18 82"39'00" S 35"53'39" II .30.38 20.22
SÇAlE 1" = 700'
I'
700'
I
1400'
0'
EXHIBIT SHOWING
STUMPY tAKE GOLF COURSE LEASE PROPERlY
FOR
STUMPY LAKE GOLF COURSE
VIRGINIA BEACH, VIRGINIA
II SURVEY BUREAU. ENGINEERING OMS10N
DEPARTMENT OF PUBliC WORKS. cm OF VIRGNtA BEACH, VlRGNIA
II DATE: JUNE 23, 2005 ~ iSC~E: 1" = 7aO' I ~WN BY: DtWII FlaÐ BOOK: F as
!IFIlE: ~1
68
SUMMARY OF TERMS
LEASE FOR THE USE OF APPROXIMATELY 296 ACRES OF
CITY REAL PROPERTY LOCATED AT 4797 EAST INDIAN RIVER ROAD,
ALSO KNOWN AS STUMPY LAKE GOLF COURSE
LESSOR:
LESSEE:
PREMISES:
TERM:
RENT:
PURPOSE:
City of Virginia Beach
Virginia Beach Development Authority (VBDA)
Approximately 296 acres of City property located at 4797 East Indian River
Road in the City of Virginia Beach
Twenty-Five Years
Annual payments equal to all rent or other sums received by the VBDA
under the Sublease
This lease is being entered into for the purpose of the VBDA initiating a
Request For Proposal (RFP) process for the long-term operation,
management and renovation of the course. The VBDA shall advertise a
Request for Proposal (RFP), review and negotiate the best terms for the
operation, renovation, and management of the Stumpy Lake Golf Course
under a lease term not to exceed twenty-five (25) years.
H :\OID\REAL EST A TE\LEASES\STUMPY LAKE\sUMMARY OF TERMS.doc
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $390,399 from the U.S. Department of Justice
to the FY 2005-06 Operating Budget to Provide Equipment and Training for City
Responders
MEETING DATE: January 24, 2006
. Background: The U.S. Department of Justice provides pass-through funding through
the Virginia Department of Emergency Management to localities to support equipment needs
related to preparedness and response to weapons of mass destruction events. The Virginia
Department of Emergency Management has awarded the City a total of $390,399 based on the
City's population.
A committee has met to assess the needs and priorities for the City as a whole. The final
determinations for expending this grant were endorsed by the Safe Community Strategic Issue
Team. It is recommended that funding from this grant be allocated as follows:
.
$75,000 for a full-time position, to continue for as long as grant funding remains for
the position, to coordinate the development of a single-response plan across all City
agencies;
$120,200 to meet National Incident Management System training requirements;
$97,600 for preplanning and incident management in conjunction with the
replacement of the Mobile Data Terminals in emergency vehicles; and
$97,599 to purchase equipment to set up temporary facilities and provide mobile
sheltering during recovery phases of an incident.
.
.
.
. Considerations: This funding will enable the City to better address everyday
emergency response and increase the City's preparedness to respond to events involving
terrorism or weapons of mass destruction. There is no City match required for this grant.
. Public Information: Public information would be handled through the normal Council
agenda public information process.
. Recommendations: Accept the grant and appropriate $390,399 to address ongoing
emergency response needs and increase the City's capability to effectively support the
response to and coordination of disaster events.
.
Attachments: Ordinance and Grant Award Letter
Recommended Action: Approval of Ordinance
, n
Submitting Department/Agency: Management Services,,:: 9-.w 'r.'f OA~')
City Manager~ \L ,Q:5 ~
1
2
3
4
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$390,399 FROM THE U.S. DEPARTMENT OF JUSTICE
TO THE FY 2005-06 OPERATING BUDGET TO PROVIDE
EQUIPMENT AND TRAINING FOR CITY RESPONDERS
5
the
Ci ty has
awarded pass-through
funding
been
WHEREAS,
6
Department of Justice to support the response to
from the U. S.
7
and coordination of weapons of mass destruction events.
8
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
9
OF VIRGINIA BEACH, VIRGINIA:
10
That
$390,399
is
accepted
the
U.S.
hereby
from
1.
11
Department of Justice and appropriated as follows:
12
$120,200
Medical
Services
the
Emergency
(a)
to
13
Department's
2005-06
Operating
Budget
to
FY
14
coordinate
city-wide
training
the
National
for
15
Incident Management System;
16
(b)
$97,600
Communications
Information
to
the
and
17
Technology Department's FY 2005-06 Operating Budget
18
to support the replacement of Mobile Data Terminals
19
in emergency vehicles;
20
(c)
$172r599
Fire
2005-06
Department's
FY
to
the
21
Operating
full-time
Budget
support
a
temporary
to
22
posi tion to coordinate the development of a single-
23
response plan across all City agencies and to set up
24
facilities
and provide mobile
sheltering
temporary
25
during recovery phases of an incident.
26
That one full-time position is authorized in the Fire
2.
27
Department's Operating Budget, for only as long as grant funding
28
remains for the position.
29
That revenue from the federal government is increased
3.
30
by $390,399 in the FY 2005-06 Operating Budget.
Adopted by the Council of the City of Virginia Beach,
Virginia,
2006.
the
day
of
on
Approved as to Content
Approved as to Legal Sufficiency
...
~~Q,
, /P¡nu?f ~ '
CitY Attorney' Office
Management Services
CA9882
H:\PA\GG\OrdRes\Homeland Security Grant ORD
R-3
January 13, 2006
COMMONWEALTH of VIRGINIA
MICHAEL M. CLINE
State Coordinator
Department of Emergency Management
10501 Trade Court
Richmond. Virginia 23236-3713
(804) 897.6500
(TDD) 674-2417
FAX (804) 897-6506
www.vaemergency.com
JANET L. CLEMENTS
Deputy Coordinator
JAMES W. KECK
Deputy Coordinator
April 18, 2005
I,::n ~I . "LfJ,,\")~r)
¡",; i\ " .'
Mr. James K. Spore
City Manager
Virginia Beach City
2401 Courthouse Drive
. Virginia Beach, VA 23456
Dear Mr. Spore:
The Virginia Department of Emergency Management (VDEM) is pleased to announce the
allocation of the 2005 State Homeland Security Program (SHSP) from the Office of State and Local
Government Coordination and Preparedness, United States Department of Homeland Security (DHS).
The 2005 Grant is designed to provide equipment, training, planning, and exercises for first responders to
develop better preparedness to prevent, respond and recover from potential acts of terrorism.
Your community has been allocated a total of $390,399 under this grant. This amount was based
upon a formula that provided $20,000.00 plus $.87 per capita to your community. This funding must be
used according to the requirements specified by DHS. A copy of the directions and guidance provided by
the Department of Homeland Security may be found in attachm~nt one (I). You will notice that the
Approved Equipment List is in chart form with other 2005 programs, the SHSP approved equipment is
listed ONLY in the first (1 st) column. Compliance with the rules and conditions set forth by DHS is
mandatory .
Under the preparedness enhancement portion of this 2005 grant award, subgrantees are allowed to
spend funds in four (4) areas of need in First Responder Preparedness. They are as follows:
1. Equipment Acquisition
2. Training
3. Planning
4. Exercise
As with last year's (2004) awards, all sub-applicants are required to submit an Initial Strategic
Implementation Plan (ISIP). This year you are required not only to develop the ISIP information but also
complete the online ISIP which is submitted to the Commonwealth via the web. To accomplish this
requirement, DHS has made available to grantees and sub-grantees a web-based grant-reporting site
(GRT). This web site is a secured web site and requires a registration process by each sub-grantee.
"Working to Protect People, Property and Our Communities"
2005 State Homeland Security Program Grant
April 18,2005
Page 2
Attachment two (2) will provide you with a ('T1'~nt R~.pnrtin y rnnt~M- ~hppt Please provide Qae (1)
contact from your community that will be responsible for the ISIP and all other reporting for Homeland
Security Grants; the Commonwealth has to approve each request and will not do so without this
completed form. The named individual will have his/her own user name and password on this GRT site
on the DHS web site. This form MY JST be faxed back to VDEM by April?? ?nn4\ in order for your
community to participate ÍIi the ISIP training. A training schedule is attached and an email will be
forwarded to the contact person confirming your community's participation in the training for your
region. Completion of a Bi-annual Strategic Implementation Report (BSIR) report will also be required
biannually for the life of the grant via this same website. Also provided in attachment two (2) is a copy of
the state strategy's goals and objectives for use in completing the ISIP and a copy of the Glossary of
Grant Terms that will assist subgrantees with the federal and state tenninology referred to in the
Homeland Security Grants. The grant reporting contact is not necessarily the designated agent. As in the
past, the executive officer (Le.: CAO,. CFO, etc.) is still required to execute all grant documents.
In addition to the ISIP, the regular grant application forms must be completed as well. These are
the same forms required for the past seven DHS grants and include both Federal and State forms. These
forms may be found in attachment three (3). These forms must be completed and returned to us within 60
days of the date of this letter. Funds will not be released until we have received all of the forms and the
completed ISIP. In attachment three (3) you will fmd the following:
. Form 424, Application for Federal Assistance (Fill out only numbers 1,2,5, & 6 - Date & Sign)
. State Application Form
. Designation of Agent Form
. Form LLL, Disclosure of Lobbying Activities
. OJP Form 4061/6 Certifications
. Equipment Coordination Certification
. Non-supplanting Certification
. Level of Training and Equipment Use Certification
With the 2005 Grant funds, the Commonwealth will only send grant funds to a sub-grantee a
maximum of 120 days prior to purchase of allowable expenditures. To accomplish this, VDEM will .
forward a "Request for Drawdown" form once you have completed your application process (which
includes an approved ¡SIP and grant application package). You may request all of your funds at one time .
or spread your request out over the grant period up to a maximum of 5 drawdowns. Paid invoices for
drawdown amounts are due no later than 140 days from the fund disbursement date.
As with other DHS grants, your community is required to retain and submit to VDEM a copy of
your paid invoices to complete your grant file and be compliant with the grant rules and audit
requirements within the requested 140 days. As soon as a payment is made, please forward your paid
invoice copies to VDEM. Taking action right away, we believe, will help minimize confusing one grant
for another. You have until Janu~ 31 2007 to obligate your funds under the DHS 2005 Homeland
Security Program. The original paid invoices and receiving reports will reside with your purchasing office
with copies provided to VDEM. These reports should.be held for at least three years after the end of the
grant period and are subject to audit by DHS and/or the Commonwealth of Virginia.
Attached you will find the Special Conditions document. This award is subject to all
administrative and financial requirements, including the timely submission of all financial and
2005 State Homeland Security Program Grant
April 18,2005
Page 3
programmatic reports, resolution of all interim audit findings. Should you not adhere to these
requirements, you will be in violation of the terms of this agreement and the award will be subject to
termination for cause or other administrative action as appropriate. Please initial the Special Condition
page and submit it with your grant application package.
I appreciate your prompt attention to this matter. You are encouraged to contact Julian Gilman,
Cheryl Adkins, or JoAnn Maher at (804) 897-6500 for help with this grant or if you need any additional
information.
Sincerely,
~7;Jffc~
Michael M. Cline
MMC/JDG/jm
c:
The Honorable George W. Foresman, Assistant to the Governor for Commonwealth Preparedness
The Honorable John W. Marshall, Secretary of Public Safety
Mr. Robert P. Crouch, Jr., Chief Deputy Secretary of Public Safety
Ms. Janet Clements, Chief Deputy State Coordinator.
Mr. James W. Keck, Administrative Deputy State Coordinator
Attachments
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $360,682 in Excess HOME Program Income to the
Department of Housing and Neighborhood Preservation's FY 2005-06 Operating
Budget.
MEETING DATE: January 24,2006
. Background: The Department of Housing and Neighborhood Preservation
through its HOME Program makes loans with federal funds to assist people with
purchasing and/or rehabilitating housing. When loans are repaid, the funds received are
considered to be "program income" and must be used for the overall purposes of the
initial grant. Each year an estimated amount of program income is budgeted in the
annual budget. However, in FY 2004-05 and in the beginning of FY 2005-06, funds
received ($345,680) and anticipated to be received ($15,002) due to re-financing and
early payoffs of these loans will far exceed the amounts estimated when the budget was
prepared. Therefore, these funds need to be appropriated so that they can be utilized.
. Considerations: The department has considered public input on the use of
these funds as well as community need demonstrated by demand for existing programs.
Based on this, the funding is proposed to be used as follows: a) $218,000 to create
additional affordable rental housing for very low-income homeless families; b) $84,681
to assist additional households to become first-time homeowners; and c) $58,001 to
assist current homeowners with reconstruction of their homes.
. Public Information: A public hearing on the use of these funds was advertised
in the Virginian Pilot and was held on November 2, 2005. Other public information will
be handled through the normal agenda process.
. Alternatives: Without action to transfer and appropriate the funding, the funds
cannot be used. While alternative allocations of funds between the various programs
are possible, we recommend the proposed uses based on current program utilization
and demand.
.
Attachments: Ordinance
Recommended Action: Approval { .,n1[)
Submitting Department/Agency: utt~~ Neighborhood Preservation
City Manager:~ ~. ~IW£
1
2
3
4
5
AN ORDINANCE TO APPROPRIATE $360,682 IN EXCESS
HOME PROGRAM INCOME TO THE DEPARTMENT OF
HOUSING AND NEIGHBORHOOD PRESERVATION'S FY
2005-06 OPERATING BUDGET
6
WHEREAS, more program revenue has been realized in the
7
Department of Housing and Neighborhood Preservation's HOME Program
8
than expected.
9
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10
OF VIRGINIA BEACH, VIRGINIA:
11
That $360,682 from program income is hereby appropriated
12
to the Department of Housing and Neighborhood Preservation's FY
13
2005-06 Operating Budget to fund non-profit organizations' housing
14
rehabilitation projects to create affordable rental housing for
15
very low-income homeless families, to assist additional households
16
to become first-time homeowners, and to assist current homeowners
17
with reconstruction of their housing, with estimated revenue from
18
program income increased accordingly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of
, 2006.
APPROVED AS TO CONTENT:
£JQMQ)Q.~ ~
APPROVED AS TO LEGAL SUFFICIENCY:
Management
Jdint¿ !,( ~?
City Attorney' Office
CA9888
H:\PA\GG\OrdRes\HOME Program Income ORD
R-2
January 13, 2006
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $354,225 in Excess Community Development
Block Grant (CDBG) Program Income and to Transfer $616,435 to the
Department of Housing and Neighborhood Preservation's FY 2005-06
Operating Budget
MEETING DATE: January 24,2006
. Background: The Department of Housing and Neighborhood Preservation
through its Community Development Block Grant Program makes loans with federal
funds to assist people with purchasing and/or rehabilitating housing. When loans are
repaid, the funds received are considered to be "program income" and must be used for
the overall purposes of the initial grant. Each year an estimated amount of program
income is budgeted in the annual budget. However, in FY 2004-2005 and in the
beginning of FY 2005-2006, funds received due to re-financing and early payoffs of
these loans far exceeded the amounts estimated when the budget was prepared.
Therefore, these funds totaling $354,225 need to be appropriated so that they can be
utilized.
In addition, $398,271 of federal funds have been reserved in the Capital Improvement
Program for potential use in the Northhampton corridor since the project, Burton Station,
Capital Project #9-198, was put on hold ten years ago. This delay is limiting our ability to
utilize funds in a timely manner. Since the amount reserved is a small portion of the
potential project costs and the project is not currently active, it is critical to transfer these
funds for use in meeting affordable housing needs in the community and meeting the
Department of Housing and Urban Development fund-utilization guidelines. Finally, the
department is requesting the transfer of $218,164 in federal funds from various lapsed
operational budget units and under-spent project funds.
In total, it is requested that $354,225 be appropriated and $616,435 be transferred to
the Department of Housing and Neighborhood Preservation's FY 2005-06 Operating
Budget. These funds are recommended to be allocated as follows: $717,104 to assist
current homeowners with repairs; $90,000 to provide additional housing for homeless
families; $73,798 to provide additional housing for single homeless persons; and the
remainder of $89,758 to be used for various operational improvements.
. Considerations: The department has considered public input on the use of
these funds as well as community need demonstrated by information and waiting lists.
At the current time, the department reports a waiting list of over 150 households who
are seeking rehabilitation financing from the department but cannot obtain it due to a
lack of funding. It is estimated that between $1.5 and $3 million would be needed to fully
fund the rehabilitation needs of households on the waiting list. This is the first time that
the department has had to turn down requests for rehabilitation since it began providing
assistance city-wide in 1993.
. Public Information: A public hearing on the use of these funds was advertised
in the Virginian Pilot and was held on November 2, 2005. Other public information will
be handled through the normal agenda process.
. Alternatives: Without action to transfer and appropriate the funding, the funds
cannot be used. Alternative uses of the funds are possible, however, given the
extensive waiting list of homeowners, we recommend the proposed allocation.
.
Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: H in
City Manager:~ K. ~
1
2
3
4
5
6
AN ORDINANCE TO APPROPRIATE $354,225 IN EXCESS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM INCOME AND TO TRANSFER $616,435 TO THE
DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PRESERVATION'S FY 2005-06 OPERATING BUDGET
7
WHEREAS, more program revenue has been realized in the
8
Department of Housing and Neighborhood Preservation's Corrununi ty
9
Development Block Grant ("CDBG") Program than expected; and
10
WHEREAS,
transfers of existing CDBG funding from the
11
Capital Improvement Program and within the Department's FY 2005-06
12
Operating Budget are needed to align funding with the needs of the
13
corrununity.
14
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15
OF VIRGINIA BEACH, VIRGINIA:
16
1.
S354,225
income
is
hereby
from
That
program
17
appropriated
the
of
Housing
and
Neighborhood
to
Department
18
Preservation's FY 2005-06 Operating Budget to assist homeowners
19
with
repairs
provide
additional
housing
for homeless
and
to
20
families and individuals,
wi th estimated revenue
from program
21
income increased accordingly.
22
2.
$398,271
is hereby transferred from Capital
That
23
Project #9-198,
Burton Station
(Partial)
to the Department of
24
Housing and Neighborhood Preservation's FY 2005-06 Operating Budget
25
to assist homeowners with repairs.
26
3. That $218,164 of CDBG funding is hereby transferred
27
within the Department of Housing and Neighborhood Preservation's FY
28
2005-06 Operating Budget to assist homeowners with repairs and to
29
fund various operational improvements.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
JS
, kry¡¡ ¿ /{ :L ¿
City Attorney~s ðYÍice
CA988.6
H:\PA\GG\OrdRes\CDBG Program ORD
R-2
January 13, 2006
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $297,565 in U.S. Department of
Housing and Urban Development Federal Section 8/Housing Choice Voucher
Revenue to the Department of Housing and Neighborhood Preservation's FY
2005-06 Operating Budget
MEETING DATE: January 24,2006
. Background: The Department of Housing and Neighborhood Preservation
(DHNP) receives funds annually from the U.S. Department of Housing and Urban
Development (HUD) to support rental subsidies for persons living in privately-owned
housing around the City. In addition, special allocations of these funds are provided to
the DHNP when an apartment complex ends its rental payment arrangement with HUD
and converts to a new financing arrangement. These special allocations provide
housing voucher funding administered by DHNP and insure that current residents do
not become homeless due to increases in rents or other factors.
Effective November 1, 2005, Morgan Terrace Apartments, located at 401 Birdneck
Circle, Virginia Beach, VA 23451, and consisting of 5 eligible units, became the seventh
HUD-mortgaged property in the City to convert to the Section 8/Housing Choice
Voucher Program.
Effective February 1, 2006, Ebbetts Plaza Apartments, located at 512 Featherstone
Court, Virginia Beach, VA 23462, and consisting of 90 units, will be the eighth HUD-
mortgaged property in the City to convert to the Section 8/Housing Choice Voucher
Program.
When these conversions occur, the existing residents of these properties who qualify
are provided rental assistance, which they can utilize either at that complex or at an
eligible housing unit elsewhere.
The requested appropriation amount is the maximum potential amount of subsidy and
administrative funding that the City will receive in the current fiscal year, and reflects
pro-rated amounts based on the annual award shown in the attached HUD award
letters.
. Considerations: Funding for the Morgan Terrace Apartment conversion is as
follows: $22,520, consisting of $20,800 for direct housing assistance and $1,720 for
administration. The administrative funding will be utilized to support staff and all other
administrative costs. The amount of funding for the Morgan Terrace Apartments differs
from that mentioned in the attached letter because after the award letter was issued in
December 2004, HUD reduced the number of units from 24 to 5 and changed the
effective date.
Funding for the Ebbetts Plaza Apartment conversion is as follows: $275,045, consisting
of $254,003 for direct housing assistance and $21,042 for administration. The
administrative funding will be utilized to support staff and all other administrative costs.
The amount of funding requested for appropriation for the Ebbetts Plaza Apartments
differs from that mentioned in the attached letter because the actual effective date will
be February 1, 2006, rather than January 1, 2006, as shown in the letter.
. Public Information: Public information is provided through the normal Council
agenda process.
. Alternatives: The City does not have to accept the funding and provide the
subsidies. If the City does not accept the funding, HUD will need to find another agency
to administer these subsidies. This could result in significant delays and is considered
administratively infeasible and otherwise not desirable.
. Recommendations: Considering that the City provides all other such funding
within the City, and that by operating the program we utilize controls and guidance that
are consistent with City policy, it is recommended that the City accept the funding and
provide the subsidies.
.
Attachments: Ordinance and Notification Letter of Award from HUD
~~t~ n
Recommended Action: Approval i J~ \ ~Jv
Submitting Department/Agency: n~ ment Services
City Manager: ~ t. (jJ~
1
2
3
4
5
6
7
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$297,565 IN U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FEDERAL SECTION 8/HOUSING
CHOICE VOUCHER REVENUE TO THE DEPARTMENT OF
HOUSING AND NEIGHBORHOOD PRESERVATION'S FY
2005-06 OPERATING BUDGET
8
WHEREAS, the U.S. Department of Housing and Urban Development
9
has awarded the Department of Housing and Neighborhood Preservation
10
Federal
Section
8/Housing
Choice
Voucher
funding
rental
for
11
assistance for qualifying residents for five rental units in the
12
Morgan Terrace Apartments and 90 rental units in the Ebbetts Plaza
13
Apartments, and associated administrative costs.
14
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15
VIRGINIA BEACH, VIRGINIA:
16
That $297,565 is hereby accepted from the u.S. Department of
17
Housing and Urban Development Federal Section 8/Housing Choice
18
Voucher Program and is hereby appropriated to the Department of
19
Housing
and Neighborhood
Preservation's
2005-06
Operating
FY
20
Budget to fund rental subsidies for qualifying residents in the
21
Morgan
Terrace
and
Ebbetts
Plaza
Apartments
and
associated
22
administrati ve costs, with estimated federal revenue increased
23
accordingly.
24
Adopted by
Council
the
City of
Virginia
Beach,
the
of
25
Virginia, on the
day of
, 2006.
APPROVED AS TO CONTENT:
Jj o~;J Q (\J\rd 0 D.
Management serViC~~~)
APPROVED AS TO LEGAL SUFFICIENCY:
him I ¿ I .f¿¡f~
Ci t:ý Attorney~/ office
CA9884
H:\PA\GG\OrdRes\Section 8 Voucher ORD
R-2
January 12, 2006
UC"I f): ~(. <6. (WA/~ f-j ~
(:~ò6)mfl1
U. S. Department of Bonsing & Urban Development
~ .
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Richmond Office
Public Housing Program Center
600 East Broad Street, 3rdFtoor
Richmond, VA 23219 '
1-800-842-2610
Mr. Andrew Friedman
Director, Department of Housing and
Neighborhood Preservation
City of Virginia Beach
Municipal Center, Blqg 18A
Virginia Beach, VA 23456
SUBJECT: Conversion Vouchers
Prepayment
Morgan Terrace
Virginia Beach, Virginia
This tetter is to fonnally notify your agency that the City of Virginia Beach has
been awarded 15 units of Section 8 Conversion Vouchers with annual budget authority of
$93,600 and administrative fee of$7,740 in order to assist residents of Morgan Terrace in
Virginia Beach, Virginia. The conversion vouchers are provided as a result of the
prepayment of the mortgage to occur în the near future. Additionally, budget authority in
the amount of$56,160 and administrative fee of $4,644 is provided for 9 units for
vouchers for residents of Morgan Terrace being assisted through the Rent Supplement
program, which will tenninate with the prepayment Also provided is budget authority of
$3,750 and $2,250 respectively for special fees to compensate the authority for any
, extraordmary Section 8 administrative costs associated with the conversion. These fimds
are provided consistent with pm Notice 99-40 (HA) and Noticè Pili 200] -41 (HA).
TheAnnua1 Contn'butions Contract.(ACC) is beingpreparec:hmd,wiJI be the"" , '.. '.', "'" '.""
subject of separate correspondence. The effective date j s March 1, 2ooS. We appreciate
your agreeing to administer these vouchers so that eligible residents of Morgan Terra~
can be assisted.
If you have any questions or need further assistance, please contact Frank Clower
at 804-771-2100 ext. 3778.
~
W~iles
Acting Director
j f/3iJ/O.; ~. (/l) ~I-IÐ I-f:
06
¡Jt11l1
u. S. Department of HousiDg & Urban Developme,Dt
..._NTO¡to
It-~U' -SO"..
~ ....
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;, ¡
~." I A
~.(I¡ "'Ffl.~ .
NOV 2 5 ¡DOS
Richmond Field Office
600 E. Broad Street" 3M Floor
Richmond, VA 23219
, 1-800-842-2610.
"
Mr. Andrew Friedman
Director, Department of Housing and
. Neighborhood Preservation
Princess Anne Park .
.Muniçipal Center, Bldg. 18A
Virginia Beac~ VA 23456
Dear Mr. Friedman: .
SUBJECT: Conversion Vouchers
Ebbetts P1aza Apartments
. This Jetter is to formally notify your agency that the City ofVirgitria Beach has been
awarded 90 units of Section 8 Conversion Vouchers with an annuaI budget authority .of $609,606
and Administrative fees .of $50,50 1 ta assist residents .of Ebbetts Plaza Apartments.
The Annual contnõutions Contract (ACe) is being prepared and will be the subject of
separate correspondence.. The effective date is January 1,2006. We appreciate yeur agreeing to
administer tþ.ese vo~hers so that eligible residents afEbbetts Plaza Apartments can be assisted.
If you have any questions.or need further assistance, please contact Frank: Clower at 804-
771-2100 ext. 3718. .
Sincerely,
2J.J1.~
Robert L. Jennings
Director
Office .of Public Housing
Visit our website :It wwl\'.hud.gov/virginiz
1.
PLANNIN G
1.
Application of BULLFROGS and BUTTERFLIES for a Conditional Use Pennit re
child care education center at 2844 North Landing Road (DISTRICT 7 - PRINCESS
ANNE)
RECOMMENDATION:
APPROV AL
2.
Application of LISA BARLOW for a Conditional Use Permit re a home occupation
(animal rehabilitator) at 948 Morgan Trail (DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROV AL
3.
Application of PAMELA J. JOHNSON for a Conditional Use Pennit re a home
occupation (daycare) at 3005 Redbud Court (DISTRICT 3 - ROSE HALL)
4.
RECOMMENDATION:
City Zoning Ordinances (CZO) re Historic Kempsville Master Plan:
APPROV AL
a.
ADD Article 20, Sections 2000 through 2004, establishing the Overlay District,
boundaries, use regulations and dimensional, density, landscape and buffering
requirements
b.
AMEND and REORDAIN Section 102, re the establishment of districts and
official zoning maps
c.
AMEND and REORDAIN Article 9, Sections 900 through 906, re the legislative
intent, use regulations, dimensional requirements, landscape screening and
buffering regulations, height regulations, sign regulations, and off-street parking
regulations for the B-4K Mixed Use District
d.
AMEND the Official Zoning Map by the designation and incorporation of the
Overlay District
e.
AMEND the Comprehensive Plan to incorporate the Master Plan
RECOMMENDATION:
APPROV AL
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamberat
City Hall, Municipal Center, 2401 Courthouse Drive,
Tuesday, January 24, 2006, at 6:00 p.m. The fol-
lowing applications will be heard:
DISTRICT 7 - PRINCESS ANNE .
Bullfrogs and Butterflies Application: Conditional Use
Permit for a child care education center at 2844 North
Landing Road (GPIN 14934918900000).
DISTRICT 2 - KEMPSVILLE .
Lisa Barlow Application: Conditional Usé Permit for a
home occupation (animal rehabilitator) at 948 Morgan
Trail (GPIN 14565617040000).
DISTRICT 3 - ROSE HALL
Pamela J. Johnson Application: Conditional Use Per-
mit for a home occupation (daycare) at 3005 Redbud
Court (GPIN 14970393810000).
CITY OF VIRGINIA BEACH
Ordinance to Amend and Reordain the City Zoning Ordi-
nance (Appendix A) by adding a new Article 20 thereto,
consisting of Sections 2000 through 2004,. establishing
the Historiê Kempsville Area Overlay District; legislative
intent; district boundaries; application of regulations;
use regulations; dimensional and other requirements;
density; landscape screening and buffering require-
ments.
Ordinance to Amend and Reordain the City Zoning Ordi-
nance (Appendix A) by amending Article 1, Section 102,
pertaining to the establishment of districts and official
zoning maps for the Historic Kempsville Area Mixed Use
District.
Ordinance to Amend and Reordain the City Zoning Ordi-
nance (Appendix A) by amending Article 9, Sections 900
through 906, pertaining to the legislative intent, use
regulations, dimensional requirements, landscape
screening and buffering regulations, height regulations.
~ign regulations, and off-street parking regulations for.
the B-4K Historic Kempsville Area Mixed Use District.
Ordinance to amend the Official Zoning Map by the des-
ignation and incorporation of the Historic Kempsville
Area Overlay District.
Ordinance to adopt the Historic Kempsville Area Master
Plan as an amendment to the Comprehensive Plan.
All interested citizens are invited to attend.
-rj. ~1 /~ -
Ruth Hodges Smith, MMC
City Clerk
Copies of the proposed ordinances, resolutions and
amendments are on file and may be examined in the
Department of Planning. For information call 427-4621.
If you are physically disabled or visually impaired and
need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 4274303. TOO only at
427-4305. (TDD - Telephonic Device for the Deaf).
The Planning Commission Agenda is available through
the City's Internet Home Page at
httD:/ /www.vb!i!ov.com/p!annin5!commission
Beacon January 8 & 15, 2006
14459136
Map H 12,13
Mop Not to Scole
+
N
AG-
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Bullfrogs and Butterflies - Conditional Use Permit (child care education
center)
MEETING DATE: January 24,2006
.
Background:
An Ordinance upon Application of Bullfrogs and Butterflies for a Conditional Use
Permit for a child care education center on property located at 2844 North
Landing Road (GPIN 14934918900000). DISTRICT 7 - PRINCESS ANNE
.
Considerations:
The applicant requests a Conditional Use Permit for a childcare education center
in an existing residential structure. The center shall be open from 7:00 AM until
6:00 PM Monday through Friday and will provide care for up to 50 children, from
2 % through 5 % years of age.
The Planning Commission placed this item on the consent agenda because they
felt that it was an appropriate use for the site, staff recommended approval and
there was no opposition to the request. The daycare center will be a good
amenity for this area and is compatible with the surrounding residential
neighborhoods as well as the business areas. The use of the existing residential
building remains in scale with the neighboring sites, further enhancing the
compatibility. All concerns have been addressed with the recommended
conditions.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The applicant shall obtain all necessary permits, inspections and approvals
before the childcare occupancy of the building. A Certificate of Occupancy for
the use shall be obtained from the Permits and Inspections Division of the
Planning Department.
2. The applicant shall maintain a childcare license with the Commonwealth of
Virginia. Failure to maintain childcare license shall result in revocation of the
Conditional Use Permit.
Bullfrogs and Butterflies
Page 2 of 2
3. The proposed child care education center shall be developed as shown on
the submitted plan entitled "Bullfrogs & Butterflies Child Care" prepared by
TM Collaborative, Inc., with a date of 11/15/05.
4. Fencing shall be constructed around the 75' x 75' Play Area shown on the
submitted plan.
5. Hours of operation are Monday through Friday from 7:00 AM until 6:00 PM.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
City Manag~ t ,~~
BULLFROGS AND
BUTTERFLIES
Agenda Item # 9
December 14, 2005 Public Hearing
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Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for Childcare
Education Center
ADDRESS I DESCRIPTION: Property located 2844 North Landing Road.
GPIN:
14934918900000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
2.96 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit for a
childcare education center in an existing residential structure. The center shall be open from 7:00 AM until
6:00 PM Monday through Friday.
The childcare center will care for up to 50 children. The facility will provide for the needs of children from 2
Y2 through 5 Y2 years of age.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Rural residential site
SURROUNDING LAND
USE AND ZONING:
North:
South:
.
Agricultural farm land / AG-2 and AG-1 Agricultural District
Across North Landing Road are rural residential sites / AG-2
Agricultural District
Agricultural farm land / AG-2 Agricultural District
Rural residential sites / AG-2 Agricultural District
.
East:
West:
.
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is a single-family home with an open field in the rear and trees
along the perimeter.
BULLFROGS AND BUTTERFJ....IES
AgendalteqJ#9
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AICUZ:
The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana.
The Navy considers this use conditionally compatible. Applicant is to
ensure compliance with noise level reduction features as set forth in the
Virginia Uniform Statewide Building Code.
IMP ACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North
Landing Road in the vicinity of this application is currently a two-lane undivided roadway that serves as
a minor suburban arterial roadway.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
North Landing 8,309 ADT I 13,600 ADT (Level of Existing Land Use ¿ - 10
Road (2005) Service "C") ADT
15,000 ADT 1 (Level of Proposed Land Use 3 -
Service "D") 238 ADT
Average Dally Tnps
2 as defined by single family home
3 as defined by 3,000 SF childcare center
The site will be required to meet all Public Works Standards for a commercial site, including entrance locations
and entrance width. Additional detailed comments from Traffic Engineering will be during site plan review.
WATER: This site has an existing water meter that may be used or upgraded. Water meter sizing calculations
are required. There is a 16 inch water transmission main fronting the site.
SEWER: The site is connected to City sanitary sewer. There is an 8 inch gravity sanitary sewer main fronting
the site. There is also a 16 inch and a 4 inch sewer force main fronting the site.
SCHOOLS: No comments.
FIRE: Certificate of occupancy shall be obtained from the "Building Official" prior to occupancy.
STORM WATER MANAGEMENT: Provide adequate storm water discharge outfalls and identify adequate
offsite receiving drainage systems. Develop a storm water management plan for water quantity and quality in
accordance with the Public Works Specifications and Standards.
BULLFROGS ANDBUTTERFI.3IES
Agendalte J"ti#9
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The Comprehensive Plan designates this area as being within
the Transition Area / Princess Anne. The land use planning policies and principles focus on promoting
this area as a well-planned, low density, fiscally sound and desirable destination for people to live, work
and play.
The Comprehensive Plan recognizes that commercial development within the Transition Area be scaled
to accommodate local neighborhood needs and designed for compatibility with surrounding area. The
proposal for a childcare center is complementary in use to nearby residential and non-residential along
North Landing Road.
COMPREHENSIVE PLAN
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions provided below.
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
proposal is compatible with the surrounding residential neighborhoods as well as the business areas. The
use of the existing residential building remains in scale with the neighboring sites, further enhancing the
compatibility.
CONDITIONS
1. The applicant shall obtain all necessary permits, inspections and approvals before the childcare
occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits
and Inspections Division of the Planning Department.
2. The applicant shall maintain a childcare license with the Commonwealth of Virginia. Failure to maintain
childcare license shall result in revocation of the Conditional Use Permit.
3. The proposed child care education center shall be developed as shown on the submitted plan entitled
"Bullfrogs & Butterflies Child Care" prepared by TM Collaborative, Inc., with a date of 11/15/05.
4. Fencing shall be constructed around the 75' x 75' Play Area shown on the submitted plan.
5. Hours of operation are Monday through Friday from 7:00 AM until 6:00 PM.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this application may require revision during detailed site plan review to meet all
applicable City Codes.
The applicant is encouraged to contact and work with {he Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
. '
- "
BULLFROGS AND{BUTTERFI1.IES
Agenda Iteni # 9
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AERIAL OF SITE LOCATION'" ':, '.
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BULLFROGS AND BUTTERFUES
Agenda Item # 9
. . .. Page 4
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THIS IS TO CERTIFY THAT I, ON SEPT. 23, 2005, SURVEYED THE PROPERTY SHOWN
HEREON AND THAT THE TITLE LINES AND PHYSICAL nœROVEMENTS ARE AS SHOWN
HEREON. THE nœROVEMENTS STAND STRIGnY 1fITBIN THE TITLE LINES AND THERE
ARE NO BNCROAcmŒNTS O~ JISIBLE EASEMENTS EXCEPT AS SHOWN.
SIGNED:,,;Þ'..-../ .#?~-"--
NOTE: lHE PROPERTY SHOWN HEREON APPEARS TO UE IN "X" FlOOD ZONE (AA£A DETERMINED TO 9E
ABOIIE 5OO-YEAR FlOODPLAlN)ACCORDING TO f.E-M.A. MAP PANENl Nb. 515531-00559,
REVISED DEC. 5. 1996.
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SCALE: l' - 100'
PHYSICAL SURVEY
OF
2844 NORTH LANDING ROAD
BEING 2.804 ACRES
AS DESCRIBED IN
DEED BOOK 1342 PAGE 495
VIRGINIA BEACH, VIRGINIA
FOR
GARY LEO REARDON
DRAWN 9Y: DHH
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WARD M. HOLMES
LAND SURVEYOR, P.C.
9225 GRANBY STREET
NORFOLK, VIRGINIA 23503
757-480-1230
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EXISTING PHYSICAL SURVEY
BULLFROGS ANDBUTTERFblES
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Agenda Item#9
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1 10/13/98 Conditional Use Permit for a wireless
communications facility Granted
2 12/22/94 Amendment to land Use Plan Administrative
approval
3 06/22/93 Amendment to land Use Plan Granted
ZONING HISTORY
BULLFROGS ANDBUTTERF~/ES
Agendalter1'j#9
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ISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the fol/owing:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
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2. List all businesses that have a parent-subsidiary' or affiliated business entit)?
relationship with the applicant: (Attach list if necessary)
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DCheck here if the applicant is NOT a corporation, partnership, finn, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, finn, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
I
2. List all businesses that have a parent-subsidiary' or affiliated business entitV
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, finn, business,
or other unincorporated organization. .
, & 2 See next page for footnotes
Conditional Use Permit Application
Page 9 of 10
Revised 9/1/2004
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services and legal
services: (Attach list if necessary)
1 «Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectLy owns shares possessing more than 50 percent of the
voting power of another corporation.. See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship. means "a relationship, other than
parent-subsidiary relationship, that exists when (ì) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities: See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
~~ /V~
Print Name
~Ct.~vdon
Print Na e
Conditional Use Panni! Application
Page10of10
Revised 9/112004
BULLFROGS AND~.BUTTERFLJES
Agenda ltel}'i!#9
g~g.~9
Item #9
Bullfrogs and Butterflies
Conditional Use Permit
2844 North Landing Road
District 7
Princess Anne.
December 14,2005
CONSENT
William Din: My next item is Item #9, Bullfrogs and Butterflies. This is an application
for a Conditional Use Permit for child-care education center on property located at 2844
North Landing Road in the Princess Anne District. This has five conditions associated
with it. Welcome.
Heather Newton: Hi. Heather Newton, applicant and co-owner of the proposed business
asking for a Conditional Use Permit and we have read the conditions and do agree with
all of them.
William Din: Thank you. Is there any objection to placing this item on consent agenda?
If not, Mr. Horsley, again.
=
Donald Horsley: This property was a fonner residence and the applicant has purchased
the property and wants to provide a child-care education center. The way the area is
growing up this would be a good amenity to put into this community. The neighbors
don't seem to have a problem. One addressed a concern about whether the yard would be
fenced but I think when they find out there is a condition that the play area be fenced in.
The applicant has been very substantial with improvements to the building. We got five
conditions that adequately address any concerns that anyone would have. So it follows
the Comprehensive Plan for this area so we think it would be a good project and we
encourage projects like this in making growing neighborhoods. So we put it on the
consent agenda and wish the new applicant well.
William Din: Thank you Don. I'd like to make a motion to approve the following
consent agenda item. Item #9 is Bullfrogs and Butterflies. A request for a Conditional
Use Permit for child-care education center located at 2844 North Landing Road in the
Princess Anne District with five conditions.
Donald Horsley: I'll second it.
Dorothy Wood: A motion by Mr. Din and a second by Mr. Horsley.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON
AYE
Item #9
Bullfrogs and Butterflies
Page 2
CRABTREE
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved Item #9 for consent.
=
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5 14,
CUP - Home Occupation (Animal Rehabilitation)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Lisa Barlow - Conditional Use Permit (home occupation - animal
rehabilitation)
MEETING DATE: January 24,2006
.
Background:
An Ordinance upon Application of Lisa Barlow for a Conditional Use Permit for a
home occupation (animal rehabilitator) on property located at 948 Morgan Trail
(GPIN 14565617040000). DISTRICT 2 - KEMPSVILLE
.
Considerations:
The applicant requests a Conditional Use Permit to allow a home occupation for
animal rehabilitation. The applicant has been a licensed wildlife rehabilitator
since 1992. and has lived at this address (with the exception of three years)
since 1972.
The rehabilitation work has no regular hours of operation and animals are
brought in at various times. Most animals are contained outdoors in the rear yard.
Some baby animals and birds are housed indoors. The number of animals varies
from month to month. During the fall and winter months there are fewer animals.
Spring and summer are the busy seasons. The animals are not pets. Federal
Fish and Wildlife Service limit the length of time a bird may be rehabilitated to 6
months. There is not a limit on the length of time for mammals and reptiles to be
rehabilitated.
The applicant does the majority of the rehabilitation activities. She receives some
assistance from her father who also resides at the property and is an occasional
volunteer. There are no paid employees.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 6-4 to approve
this request with the following conditions:
1. Provide a 6'-0" high privacy fence along the perimeter of the rear yard
adjacent to neighbors on each side.
Lisa Barlow
Page 2 of 2
2. Position all cages and structures to meet zoning setback requirements.
3. Provide a 5'-0" wide organic mulch planting bed 4" - 6" in depth along the
seaward side of the activity and enhance with plantings.
4. Animal and bird cages shall be cleaned daily to minimize odors caused by
waste.
5. The use shall be administratively reviewed in one year.
.
Attach ments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~-
City Manager: G \c ~ ~
LISA BARLOW
Agenda Item # 1 0
December 14, 2005 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for Home Occupation
(Animal Rehabilitator)
ADDRESS I DESCRIPTION: Property located at 948 Morgan Trail.
GPIN:
14565617040000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
21,299 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a home occupation for animal rehabilitation. The
applicant is a state and federal permitted wildlife rehabilitator. The applicant has been a licensed wildlife
rehabilitator since 1992. The applicant has lived at this address (with the exception of three years) since
1972.
There are no set days or hours of operation. Animals are brought in at various times. Most animals would
be contained outdoors in the rear yard. Some baby animals and birds are housed indoors. The number of
animals varies from month to month. During the fall and winter months there are fewer animals. Spring
and summer are the busy seasons. These animals are not pets. Federal Fish and Wildlife Service limit
the length of time a bird may be rehabilitated to 6 months. There is not a limit on the length of time for
mammals and reptiles to be rehabilitated.
The applicant does the majority of the rehabilitation activities. She receives some assistance from her
father who also resides at the property and is an occasional volunteer. There are no paid employees.
LAND USE AND ZONING INFORMATION
SURROUNDING LAND
USE AND ZONING:
North:
EXISTING LAND USE: Developed single family residential site
South:
.
Across the canal is single family residential / R-1 0 Residential
District
Across Morgan Trail is single family residential / R-1 0
Residential District
.
c .
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USA BARLOW
Agenda Jtem'# 1 0
'. Page 1
East:
West:
.
Single family residential / R-1 0 Residential District
Single-family residential / R-10 Residential District
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is residential with one mature tree in the front yard and a few
mature trees in the rear yard. The site backs up to a canal that flows
into the eastern branch of the Elizabeth River. This property is in the
Chesapeake Bay Watershed.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
No measurable impact on city services is anticipated with this Conditional Use Permit.
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): No comments.
There are no improvements planned for Morgan Trail.
WATER and SEWER: No comments.
FIRE: No concerns with the proposed Conditional Use Permit.
POLICE (ANIMAL CONTROL BUREAU): Applicant provides a useful service to the Bureau by caring for
injured and immature wildlife that would otherwise often be forced to euthanize. Supports application provided
applicant maintains compliance with the rules governing wildlife rehabilitation.
SCHOOLS: No comments.
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this home occupation as being within a Primary Residential Area.
The land use planning principles for the Primary Residential Area focus on preserving and protecting the
overall character, economic value and aesthetic quality of stable neighborhoods located in the area.
Staff recommends approval of this EVALUATION AND RECOMMENDATION
Conditional Use Permit for a home
occupation for animal rehabilitation, subject to the conditions listed below.
The applicant Lisa Barlow is licensed by the State of Virginia as an animal rehabilitator. She provides a
valued service to the surrounding community. The conditions recommended by staff below ensure
minimal impact of the use on the surrounding residential area. '
"".,'
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USA BARLOW
Agènda Item # to
,Page2
CONDITIONS
1. Provide a 6'-0" high privacy fence along the perimeter of the rear yard adjacent to neighbors on each
side.
2. Position all cages and structures to meet zoning setback requirements.
3. Provide a 5'-0" wide organic mulch planting bed 4" - 6" in depth along the seaward side of the activity
and enhance with plantings.
4. Animal and bird cages shall be cleaned daily to minimize odors caused by waste.
5. The use shall be administratively reviewed in one year.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this application may require revision during detailed site plan review to meet all
applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
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Agenda Item.:#, 1 0
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cUP - Home Occupation (Animal Rehabilitation)
12/03/02 Conditional Use Permit for bulk storage of motor
vehicles Granted
ZONING HISTORY('h:;:,,; ":,,.
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LISA BARLOW
Ag~nda Item~# 1 0
. , "Pag~ 7
ISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners. etc. below: (Attach list if necessary)
~14
2. List all businesses that have a parent-subsidiari or affiliated business entitf
relationship with the applicant: (Attach list if necessary)
~A
'fit Check here if the applicant is NOTa corporation, partnership, firm. business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary) ,
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2. List all businesses that have a parent-subsidiary 1 or affiliated business entitf
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Conditional Us"- Permit Appiication
Page90'10
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Agenda Item # 10
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Z CERTIFICATION: J certify that the infonnation contained herein is true and accurate.
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services. accounting services and legal
services: (Attach list if necessary)
-t::,¿t~--
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1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act. Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities: there are common or commingled funds or assets; the business'entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities_" See State and Loeal Government Conflict of Interests Act, Va.
Code § 2.2-3101.
Conditional Use Perma Application
Pagc1Cof1Q
Fevis..->d 91112004
EISA BARLOW
Agenda Item;!f10
R~g~9
Item #10
Lisa Barlow
Conditional Use Permit
948 Morgan Trail
District 2
Kempsville
December 14,2005
REGULAR
Dorothy Wood: The next one Mr. Strange.
Joseph Strange: The next item is Item #10. An Ordinance upon Application of Lisa
Barlow for a Conditional Use Permit for a home occupation (animal rehabilitator) on
property located at 948 Morgan Trail, District 2, Kempsville with five conditions.
Lisa Barlow: Good afternoon.
Dorothy Wood: Welcome.
Lisa Barlow: I'm very nervous.
=
Dorothy Wood: Please don't be nervous.
Lisa Barlow: I've lived in the residence.
Ed Weeden: Ma'am, for the record please state your name?
Lisa Barlow: I'm sorry. My name is Lisa Barlow. I'm the applicant. I live at 948
Morgan Trail in Virginia Beach. I've lived at this residence with the same neighbors
since 1972, with exception of three years. I've been a rehabilitator since 1992, state and
federally licensed. I have helped large number of families in my neighborhood and
surrounding neighborhoods with wildlife. The children have brought me baby birds and
showed me where injured animals were. I'm a member of the International Wildlife
Rehabilitation Council and I'm acting President of Wildlife Response based in
Chesapeake, Virginia. I've worked in the veterinary field since 1996 and I'm a licensed
veterinary technician. As a state and federally permitted rehabilitator, I've received an
assortment of wildlife at any given time. Since both government agencies consider
rehabilitation a hobby, I drive no income or wage for any of my activities. In fact, this
year alone, I spent nearly $7,000 of my own income to rehabilitate wildlife brought to me
from the public. Wildlife is found primarily by private citizens, but it is also brought to
me by animal control agencies and other government agencies and gaming officials. All
most any time of the day, seven days a week, no days off or anything like that. It's very
rare for me to get anything after 9:00 pm or earlier than 8:00 am. The majority of the
rehabilitation activities are done by myself with my father or a volunteer occasionally
=
Item #10
Lisa Barlow
Page 2
helping. I have no paid employees. And as I work full time, most of mÿ activities with
care of the wildlife, I've done before or after I go to work. Wildlife and care is
maintained in as stress free environment as possible throughout the recuperation. Most of
the enclosures ar~ solid sided or slant sided and aid and privacy for the re~overing
wildlife. Enclosures are all temporary structures. Nothing is cemented into the ground or
pennanent. My wildlife area is currently separated by the neighbors by a four-foot chain
link fence. The enclosures are inside this fence. We have sheds in the upper part of the
yard. Yard tools and empty crates and things like that. The debris and other matter from
the animals is routinely picked up and disposed of in accordance with city law pertaining
to household and yard waste. There, I think, there has been a concern about noise. Most
of the animals that I rehabilitate seldom make enough noise to be heard over an existing
background noise in the neighborhood. Occasionally, there is an animal that is noisier
than most. Usually it is very quiet. Precautions are taken for odors by the use of
biodegradable deodorizes on a routine basis. And, I've researched this by contacting
zoos, rehabilitation and veterinarian facilities to find products that are not only kind to the
nose but also kind to the environment. Weather also plays a large part in how I take care
of the smell. Cages are cleaned on a routine basis. For example, baby birds and animals,
which are being care of on an hourly basis are cleaned once to several times a day.
Animals receiving medications are handled daily, are cleaned daily. The large flight and
wilding cages are cleaned less often as these animals are in a critical stage of
rehabilitation that requires minimal human contact. I don't want to put the animal at risk
of being habituated or myself at risk of being attacked by an animal that wants to get
away. Even a squirrel can inflict a serious injury. However, it should be noted that a
majority of the odor that comes from the yards in this neighborhood comes from the canal
that runs along the back of the property. It is a tidal canal that has a pretty deep tide going
from six inches to six feet in a twelve-hour period. So a lot of the odor comes from the
mud off the mud flats. Over the years, I've had several animal control officers, game
officials and other rehabilitators and the public come to my home to bring or pickup
wildlife since they're usually unannounced, I don't have time to clean up or anything.
They have never had a complaint about the odor. Wild animals in rehabilitation are not
kept nor are they pets. All wildlife is released, after rehabilitation, back into the wild or
relocated to other proper educational facilities if not releasable or mainly euthanized if
neither of the above can be accomplished. The numbers of my animals vary from month
to month. During the following winter, it is very low. All I get are injuries. During the
busy seasons, spring and summer, there may be a large number of baby birds, mammals
and pre-released animals coming and going to other rehabilitators that kind of thing.
Since I'm licensed by government agencies, I must follow their rules. The Federal Fish
and Wildlife Service limits the length of time a bird can be rehabilitated no more than six
months without written pennission. The Gaming Department from Virginia does not
limit the length of time that mammals or reptiles may be rehabilitated but typically it is
not any longer than six months. Although some animals and reptiles may need up to a
year, I have been consulted by the Virginia Zoo, the Virginia Aquarium, and the Virginia
Living Museum about birds and their collections. I have given them non-releasable birds
in the past. I worked with rehabilitators across the state in regards the care of water birds.
Item #10
Lisa Barlow
Page 3
I'm the only rehabilitator that I'm aware of in the City of Virginia Beach that specializes
in raptors and water birds, such as herrings, pelicans and loons. I have received birds all
over Virginia and worked very closely with animal control agencies from allover the area
and ot~er rehabilitation organizations. The organization that I ~ working with right now
Wildlife Response is currently looking to obtain a sufficient parcel of land so we can put
a proper rehabilitation facility on it. Until we can find this piece of land, we
unfortunately have to work from our homes. I provide a service to the community at no
charge to any government. I have helped thousand of wild birds, mammals, and reptiles
over the past 13 years. As any rehabilitator will tell you this is a thankless job, one
without pay, loss sleep, emotional ups and downs, and patience who would just assume
bite you on the rear end of the cage when you release them. I would respectfully ask the
Planning Commission to approve my Conditional Use Permit so that I can continue to
help wildlife.
Dorothy Wood: Thank you Lisa. Would you please answer any questions that we might
have?
Lisa Barlow: Sure.
=
Dorothy Wood: One thing that I was concerned about was when we went out there was
the fox. Young children were in the neighborhood. I know that foxes don't eat children
but as far as biting them.
Lisa Barlow: Right now, the chain link fence right, someone can get over it. We have
put locks on all the gates. One reason is to keep the dogs leaving the yard and others to
keep people from coming into the yard, which we have had done in the past. We haven't
had any problem with children getting into the yard and doing that. Most of the children
in the neighborhood know what I do. They realize they're not allowed into the backyard.
Dorothy Wood: Are foxes dangerous? And some of the animals you have to be in the
neighborhood?
Lisa Barlow: Foxes are in every neighborhood in the City of Virginia Beach.
Dorothy Wood: Are they?
Lisa Barlow: Yes they are. They are very common. In fact, I deal a lot with foxes and
local people. I receive several calls yearly about them. Ninety percent of them are not any
danger to anybody. The ones that usually become a problem are the ones that are
habituated. The fox, that I currently have at the residence was hit by a car about six
months ago and she is still recovering from head injuries and if she doesn't recover, she
will go to the facility. Other than that, there are other alternatives.
Dorothy Wood: Thank you. Any questions? Barry.
Item #10
Lisa Barlow
Page 4
Barry Knight: Ms. Barlow. We have down here a condition that animal and birdcages
shall be cleaned daily to minimize odors caused by waste. You say you're in there
sometimes a couple of times a day. And everything gets cleaned once a day except for
. the rapture birds that are in there because they are so d!ffigerous and you don't want to
make them friendly to humans. Could you maybe elaborate on that just a little bit
because if that is the case, if we proceed forward, I may suggest that animal and birdcages
shall be cleaned routinely. If you clean all the cages on a routine basis everyday, explain
to me about your rapture birds again.
Lisa Barlow: Basically, raptures are different than songbirds obviously in the fact as they
grow they have different stages where they're young, if they're young. You have to be
careful not to imprint them. This happens with baby birds. Not with the adult birds.
Adult birds will revert back to wildness after they're rehabilitated. To go into a cage with
hawks is not necessarily the easiest thing to do. The animals are going to be scared of you
and rightly so. And as they fly around the cage, you run the risk of having one
accidentally run into you, that kind of thing. They don't really come after you. They're
trying to get away.
,
Barry Knight: If we do happen to go forward and we put in there routinely clean the
cages, you know as a rehabilitator you want to get the waste out of there as soon as
possible.
Lisa Barlow: Correct.
Barry Knight: Can you minimize or keep the odors at a minimum if you don't clean the
raptures?
Lisa Barlow: Yes.
Barry Knight: Okay. Just clarification. Thank you.
Dorothy Wood: Gene.
Eugene Crabtree: I'm concerned with the fact that you're keeping animals there that
normally would be approved in a normal neighborhood in a community. Now, we can't,
for example, keep chicken with a rooster. We can't keep eagles to a fann animal. And
I'm concerned in a residential neighborhood that you have wild animals, which are some
large. Some large enough that they would fall into the realm of someone not be able to
keep even a domesticated animal of that size. I think what you do is tremendous but I
think as she said you're looking for another site. I think it would much better in an
agricultural rural area if that can be provided. The second thing that I'm concerned with is
runoff into that waterway in back of you. Even though it is tidal water and it comes up,
when you clean your cages and you clean your facilities, there has to be some runoff.
There is no way it can be kept from the waterways. What are you going to do or what can
Item #10
Lisa Barlow
Page 5
be done to prevent from contaminating that waterway with runoff from your cages if we
approve to have you continue this operation?
Lisa Barlow: Basically, the way the I cleaf!. the cages now is that I go in and I clean up
the waste.
Eugene Crabtree: What do you do with the waste?
Lisa Barlow: It gets bagged up and it goes to the landfill with the rest of the yard waste.
If I have geese, that would go for that to. I have limited myself in a lot of species because
I want to make it a little more "friendly" for everybody. I don't do as many ducks and
geese like I use to do because of the feces and stuff like that.
Eugene Crabtree: Do you hose down the area?
Lisa Barlow: No. I usually go out and use the pooper-scooper like you do for the dogs.
Pick it up and bag it. So it is lifted off the ground and put into a bag.
Eugene Crabtree: I am concerned about this being in a neighborhood versus a rural area.
=
Lisa Barlow: I am to. And as my reputation as a wildlife rehabilitator goes, I keep
getting more and more animals and it would be ideal for me to be able to go an
agricultural area.
Eugene Crabtree: I understand that. I have no problem with the squirrels, birds and
things you get in the spring are the small animals. The problems that I have are with the
large raptures like the owl we saw, the red tail fox, and the raccoons. Those types of
things concern me a little bit more. They are not suitable in that neighborhood.
Lisa Barlow: The ideal facility would be specifically for rehabilitation and that is what
my rep is going for.
Dorothy Wood: I think we have some other speakers Lisa if you don't mind?
Joseph Strange: Can Ijust ask one question?
Dorothy Wood: Sure.
Joseph Strange: Did you any specific plans for timetables to move?
Lisa Barlow: First we have to find a piece of property. As soon as we find the property it
should be in a shorter amount of time to get everything. Finding the property is the main
problem.
Item #10
Lisa Barlow
Page 6
Dorothy Wood: Thank you.
Joseph Strange: Speaking in support is Rebecca Cattani.
Rebecca Cattani: Good afternoon.
Ed Weeden: State your name for the record.
Rebecca Cattani: Oh, I'm sorry. Rebecca Cattani.
Dorothy Wood: Welcome Ms. Cattani. We're happy to have you.
=
Rebecca Cattani: Thank you Mrs. Wood. As a wildlife rehabilitator and a friend, I have
been to Lisa Barlow's residence, the time frame ranging this year between March and
November. During the height of baby season, as we call it, which is between April and
August, I was there from early in the morning sometimes and as late as 11:00 pm at night
with different wildlife to either pick up, drop off, or have looked at. Since Ms. Barlow is
actually quite well experience more so than myself. During that timeframe, not only have
I have not smelled any odors from her yard, but the noise level has never been an issue.
The only issue was when I was playing with one of the dogs and he started barking kind
of loudly. She crawled back quickly. Most of the animals that she has in her care have
not made any loud noises when I was there. And as for the smell, the only time that I
smelled anything was when it was low tide and it was a very familiar smell as I grew up
on the Elizabeth River and low tide was always a peak part of the day during the summer
for everyone to go inside. I spoke with Ms. Prochilo from Planning today just a few
hours ago and she specified that as long as there is no income made that there might not
be a reason to have a Conditional Use Permit. She said there would be other factors (for
Conditional Use Permit). I can guarantee you that my husband sits there on a bi-monthly
basis and says that the money that I'm putting out could easily buy us a nice track of land.
Rehabilitation is very costly to us. And, we choose to do this even though we
educationally and economically of difference in backgrounds. We perform a service to
our city and our state. We take time away from ourselves, and our families, which my
boys can attest for to educate the public in regards to habitat and characteristics of our
wildlife so that they may appreciate our wildlife instead of fearing them.
, Dorothy Wood: Thank you so much for coming.
Rebecca Cattini: What you decide to today, is not only going to affect Ms. Barlow, it is
also going to effect 38 others in this city and the ones that are coming behind her.
Dorothy Wood: Thank you.
Joseph Strange: Also speaking in support we have Deborah Michaelson with the Norfolk
Animal Protection
Item #10
Lisa Barlow
Page 7
Deborah Michaelson: That's Deborah Michaelson.
Dorothy Wood: Welcome Ms. Michaelson.
=
. .
Deborah Michaelson: First of all, I would like to thank you for allowing me to come up
here and speak. I may get a little emotional. Ms. Barlow has worked with animal control
in Norfolk for the past eight years that I've worked there. She has given her time
willingly and we don't have any rehabitators in Norfolk that we are able to use. The
rehabilitators in Norfolk, we have never seen that have had the quality of service that she
has been able to provide to the animals. Our officers go over all times of the day and
night to drop off animals for her. She has never turned anything down that we've had.
I've also been with her. She has come out to assist me on calls for service to pick up
animals that I, myself have felt alittle uncomfortable with. I've heard some questions
regarding the animals that are in different neighborhoods. And as an animal control
officer in the City of Norfolk, which does not have as much rural area as Virginia Beach
does, I can tell you that we have had some of these animals that people don't realize are
in their neighborhood are in these neighborhoods. I've picked up a fox with Ms.
Barlow's help from downtown Norfolk underneath the Scope parking lot. I've picked up
owls in people's backyards and different animals you wouldn't believe that were actually
living as neighbors in these neighborhoods. We have gone over there on numerous
occasions. I've never had any complaints on animals. We have actually sent citizens as
well over to speak with Ms. Barlow, and citizens come back and tells us what a
wonderful place and how well she does with the animals, and the fact what a good thing
she is doing. I feel though, if we are unable to utilize Ms. Barlow's services that animal
control in Norfolk will probably ending up having to euthanize more than 75 percent of
the wildlife that we pick up, which to me is a horrible thing and I think that citizens that
we serve in Norfolk as well would consider that a horrible thing. So, I would really like
to say that I believe what she is doing is a wonderful thing and I think that she does a
great job at it. And does it to best of her ability with the animals that are given to her.
Why some animals, people don't understand.
Dorothy Wood: Thank you. Is there an ordinance in Norfolk against having wildlife
rehabilitators in the neighborhood? Is this why you don't have it?
Deborah Michaelson: No. There is no ordinance. It's just a lot of people aren't trained.
They go through different stages as well. Some of the animal rehabilitators that we have
only rehabilitate only small birds, squirrels. We've actually had some problems with
some rehabilitators that we've actually wanted to take actions against because they don't
provide the quality of care that we expect. There are not many people out there that are
willing to devote that much time and that much of their own money for something that
they're not going to get anything back other than the satisfaction that they helped wildlife.
Dorothy Wood: Thank you so much.
Item # 10
Lisa Barlow
Page 8
Deborah Michaelson: You're welcome. I think we have some people in opposition.
Then we'll open it up.
Joseph Strange,: Speaking in opposition, we have Russell and Bryan N~deau.
Dorothy Wood: Hello.
=
Bryan Nadeau: Hi. My name is Bryan Nadeau. I am the son of the immediate neighbor
to the right of the residence in question. I actually grew up in this area in that house for
25 years and can first testify that the odor that comes from that area am familiar with. I
actually drove to Virginia last summer with my children from Missouri and it was in the
middle of August. The odor was much different then it was before. Ms. Barlow had
started rehabilitating several years ago when I was still living at the residence. And it
wasn't to the magnitude that it is today. She has foxes, raccoons, owls, pelicans, hawks,
and pigeons all around the area. I think there were photos that were shown to you this
morning at the staff briefing. I have additional ones if you care to look at that show a little
more detail of the area. I know the animals are going to get loose. My mother has on
occasion gone out to the clothesline and the fox sat underneath the clothesline. She is not
familiar with that animal. She doesn't know what it is going to do. So, she comes in the
house and either calls my father or tries to get a hold of the neighbor to say, the animal is
out it needs to be caged back up again. Some of the birds, once they are released end up
back. Ms. Barlow's father has come over and retrieved the birds, then made the comment
"we let you go, you're not supposed to be here again". Well, they get used to being cared
for and feed and they're going to come back. When I spoke originally with Ms. Prochilo
back in August, I was very surprised that the current condition is in violation of City
ordinance. And that the animal control facilities for both Chesapeake, Norfolk, and
Virginia Beach continue to bring animals exceeding the limits of what they are suppose to
have. I believe it four animals were the limit. And I was honestly surprised that those
organizations would knowingly come and contribute to the problem. Basically, my
parents concerns is the odor, the noise does get excessive at times, the owls at night
screeching, the hawks and so forth. No one wants to discount what Ms. Barlow is doing.
She is doing a fantastic service for these animals and the community. But as you can tell,
it's a very close residence and it really is not the place for it. And that is all. Thank you.
Dorothy Wood: Thank you. Yes. Would you answer Ms. Anderson please?
Janice Anderson: Thank you. When you said you lived there before was she keeping care
ofless animals on a smaller scale, and then you didn't notice anything? Now she's turned
the volume up?
Bryan Nadeau: It was fewer animals in the early 90's, I think she started in 1992. I
moved out of the residence in 1994. We would come home to visit and some things and
it just wasn't as evident. It wasn't to the scale. I had actually been away for a year when
I came back in August and was kind of shocked at the number of cages. I think foxes
Item #10
Lisa Barlow
Page 9
were the ones I haven't seen on the property before and my parents telling stories of those
things. On occasion feeding habits include bringing in animal carcass and laying them in
the backyard and letting the birds pick at them for several before they disclose of the
body. And I don't think that is an appropriate environmeI?-t for a neighborhood.
Janice Anderson: If she did it back on a smaller scale and started with the birds and
maybe not with the larger animals, what direction would you recognize?
Bryan Nadeau: I think with the conditions that are defined with a smaller scale it's a
matter of what's that is going to be. Is it still going to be noisy and so forth?
Janice Anderson: Okay. Thank you.
Dorothy Wood: Did you say that the foxes had gotten out and gotten to your parents?
Bryan Nadeau: The fox, on one occasion my mother had told me that the fox was actually
underneath the clothesline, I believe.
Dorothy Wood: Your mom was out?
=
Bryan Nadeau: Yes, which is the immediate property to the right?
Dorothy Wood: Thank you. Is there anyone else?
Joseph Strange: Not unless Russell wanted to talk?
Russell Nadeau: Councilman. The name is Russell Nadeau, 948 Morgan Trail. When
you look out your window and you see a half a deer laying down in the backyard where it
has got hit by a truck or something and you bring it on over. This is in the wintertime.
And you see about 20 buzz~ds floating around your yard in the air or you go out there in
the summer time when its hot, the sun beating down, fish that they get from ODD that
they throw out there for the seagulls. You know what fish smells like when heat hits it. It
smells really rotten. Then when you got seagulls in the backyard and these hawks get out,
the hawks are hungry. That seagull-down there and now the hawk is hungry. That
seagull is gone. Or I go down my backyard and I see bones of pieces of animals that have
been eaten by hawks or my wife goes to hang up clothes and there is an owl in the pole.
She doesn't know if that owl is coming down. She runs back into the house. Or she
looks outside and three raccoons down the tree down in back. Now when raccoon bites
you got rabies. There is no doubt about that. She has a dog. A dog that barks and barks,
and barks and we've talked to her about it. I've talked to her about it and she says, well
you got to do what you got to do Mr. Nadeau. That is going to swear out a warrant for
this dog. Now the reason why we haven't made a complaint long before now is because
we're neighbors and nobody wants to stir up a lot of stuff. But it gets to the end where
you're about here. Once you smell that stuff since 1992 when you got a pool out in your
Item #10
Lisa Barlow
Page 10
backyard and can't enjoy it. The value of my house is going down and you can put a
fence in there as long as it up to the ceiling. You're not going to stop that odor. Thank
you very much.
Dorothy Wood: Are there any questions for him before he leaves?
Ronald Ripley: Which house does he live in?
Dorothy Wood: Would you please use the pointer and show Mr. Ripley your home?
Russell Nadeau: My home is right there.
Dorothy Wood: I think we used your driveway when we came to tour it last week.
Donald Horsley: Do you have a Volkswagen?
Russell Nadeau: Yes. I still got it.
Barry Knight: Does it have a dent in it?
=
Donald Horsley: She was driving.
Dorothy Wood: Thank you sir.
Russell Nadeau: Thank you.
Dorothy Wood: Lisa, would you like to say a rebuttal please?
Lisa Barlow: Sure. I'm not going to deny what Mr. Nadeau had said although he has
exaggerated some of this a little bit. On an occasion back when I first started
rehabilitating there was a deer carcass that was placed down so that the vulture that I was
rehabilitating that could not fly could eat. And because he was the rest of them came in.
Once the vulture was gone that was not an issue any more. There was a fox that did get
out one time and it was unannounced to me because the gate wasn't locked. She got out
and I was able to capture her and put her back in her cage. And there was one time when
an owl was sitting on her clothesline. Yes. That does happen. These are three incidences
in 13 years. I hope that this will not cloud what the big picture is here. These animals are
kept in locked cages now. The cages that I built this winter is modified so that they can't
get out in any way shape or form unless a hurricane knocks it down, which it didn't
happen. So, I hope that you guys will take into consideration the conditions that are
placed on this pennit I think it would help a lot, and the practice under the practices that I
do in the past are not done now, as I am now more professional.
Dorothy Wood: You wouldn't have any more large carcasses in the back?
Item #10
Lisa Barlow
Page 11
Lisa Barlow: No. I haven't done that.
Dorothy Wood: Would you please answer questions from the Commissioners? Mr.
Ripley.
Ronald Ripley: Yes. I support what you do. I think it makes a lot of sense. But I have
some questions to ask you. I would like to see how this goes. How many cages do you
have back there now?
Lisa Barlow: Eight large cages. Six flight cages and two animal cages.
Ronald Ripley: If somebody brings you, the lady that was here from the animal control,
brings you another animal do you create a new cage for them if you need to?
=
Lisa Barlow: No. I use existing cages. Basically, on intake depending on what the
animal is it goes into a large dog crate, a confinement cage for lack of a better term. It
stays in this confinement cage as long as it need so to recuperate from whatever issue it
has. If it has surgery it stays in the confinement cage until the bandage is ready to come
off and then it goes into the flight cage. These animals are rotating on a routine basis.
So, if I get a new animal that just needs a few days in the flight cage because it is just thin
because it just needs medication, it goes immediately into the flight cage. These flight
cages are large enough to hold several animals.
Ronald Ripley: Have you added new cages say in the last year?
Lisa Barlow: Just the one large flight cage.
Ronald Ripley: How about two years?
Lisa Barlow: Two years ago? No. I don't think so.
Ronald Ripley: A lot of times in Conditional Use Permits we limit the use. Sometimes
that if the use get too big you get problems with the neighbors and we're hearing the
neighbors complaining. We need to be respectful for their rights. What would be a
reasonable number of cages to be out there that you could operate?
Lisa Barlow: Basically, what I have now would be adequate.
Ronald Ripley: Could you operate with less is my question?
Lisa Barlow: Probably not. I was strained when I replaced the older cages that I had
because they were ten years old and they were coming apart when I put in this flight cage
this gave me the adequate space that I needed.
r
Item #10
Lisa Barlow
Page 12
Ronald Ripley: My initial reaction and this is just me speaking, because when I saw the
backyard and sawall the cages, we would have never saw them unless someone had
asked us to come out there. I've seen some backyards full of automobiles, junk. We
wouldn't have seen your backyard if somebody hadn't complained. My initial thought
was that if it could be more professionally redeveloped. The cages? You talked about
moving them so setbacks meet the City's regulations but would you be agreeable to
replacing and/or redeveloping the cages to meet the Planning Department's conditions?
Lisa Barlow: Yes. If we have some input as to what we need. Sure. We want to work.
Ronald Ripley: Would you be willing to downsize it a little bit?
Lisa Barlow: Unfortunately, the State and Federal have guidelines that I have to follow.
So the cages have to meet that minimum standard. And I can show the Planning
Commissioners.
Ronald Ripley: You mean the size of it for a bird? A certain size or something like that?
Lisa Barlow: Yes. I have to follow guidelines.
=
Ronald Ripley: Would you be willing to have less cages total?
Lisa Barlow: If I have less cages, I can't put owls in with hawks. Do you see what I am
saying? One cage has owls in it and one cage has hawks in it. You put them together
somebody is not going to be there in the morning.
Ronald Ripley: Right.
Lisa Barlow: But so basically that is how everything is separated.
Ronald Ripley: You have eight. Could you live with six? You're saying no and I respect
that. I'm just trying to see if something could be done with the intensity? .
Lisa Barlow: Pennit me immensely even to the raptures that I could do. If we wanted to
limit me to just raptures, it would limit the types of raptures that I could do. I could sit
down and talk to you in great length about what's involve.
Ronald Ripley: Thank you very much.
Dorothy Wood: Are there any other questions? Mr. Miller?
Robert Miller: One of the things that I'm sitting here trying to understand is the other lady
said there was 38 other persons in Virginia Beach?
Item #10
Lisa Barlow
Page 13
Lisa Barlow: Yes. There are 38 other rehabilitators, licensed rehabilitators in Virginia
Beach.
Robert Miller: Good luck guys. You will be seeing 37 more of these.
Lisa Barlow: Probably all but two don't live in the agricultural area.
Robert Miller: So only two live in the City in the urban area. Maybe this may seems
nonnal to you but where is the ASPCA in this concept?
Lisa Barlow: The ASPCA is a domestic animal entity. They do have a wildlife
rehabilitation program, however, their wildlife rehabilitators do the same thing I do. They
rehabilitate out of their backyards. Their neighborhoods are just like mine.
Robert Miller: Okay. How about the Norfolk Zoo?
Lisa Barlow: The Norfolk Zoo can't have a rehabilitation program because it will
endanger their collection and the same thing with the aquarium and with the Living
Museum. You can't house rehabilitating animals with collections.
=
Robert Miller: These are some of the things that none us would know.
Lisa Barlow: I'll be happy to answer all your questions.
Robert Miller: The odor issue seems to be maybe. It sounds like you established a way
to keep the animals inside the facilities. What about the odor? That during the summer,
and I understand the mud flag. I lived on water and I understand that.
Lisa Barlow: It's like Mr. Nadeau says fish do smell when they're out in heat. I have
tried this year to limit the time that I go out and feed the birds to dusk when it is cooler. I
have found new deodorizers, as I said before that help control that smell by using
enzymes to kill, basically break down the particles and the small and everything. And
they are all biodegradable. They don't harm the environment. They cost an arm and a leg
but I'm trying to help. I have altered the way that I have to rehab so that I can be a little
more people friendly as far as the neighbors are concerned. Unfortunately, if you think
just about this year as opposed to the last 13, you're going to think about a lot of bad
things.
Robert Miller: Last summer, how many did you have at anyone time? The maximum?
Lisa Barlow: Last summer?
Robert Miller: Maximum. Last Spring? Pick a time. What's your maximum and how
many were there?
Item #10
Lisa Barlow
Page 14
Lisa Barlow: Probably 60.
Robert Miller: Sixty?
Lisa Barlow: Different species. Different sizes.
Robert Miller: Six - zero?
Lisa Barlow: Six - zero. I know a songbird breeder who had 500.
Robert Miller: And these were primarily birds?
Lisa Barlow: Yes. I deal mainly with birds. I know duck rehabber who had 300. And
like I said before, I tried only with ducks and geese because of the smell from the ducks
and the geese.
Robert Miller: Thank you.
Dorothy Wood: Mr. Horsley and then Mr. Strange.
=
Donald Horsley: You say that you had 300 ducks in your backyard?
Lisa Barlow: No, I didn't. Someone else did.
Donald Horlsey: In the backyard?
Lisa Barlow: In various areas of their house. Yes. We're talking about baby ducklings
that are no bigger than this for the most part.
Donald Horsley: I understand that. I think back to this and I admire you for what your
doing. There is no question about that but I remember hearing here about five years ago.
We had a case in the agricultural area where these people wanted to have, I think ten dogs
and they had to come in for a Use Permit for ten dogs in the agricultural area to put in a
kennel. Here you got all of these animals in a residential area and I can understand the
people's problems.
Lisa Barlow: There is a limit to dogs?
Donald Horsley: It appears to me that maybe we may have to limit to other things also if
it is going to be in a residential areas because right here on the waterway. I mean, I know
you do a good job. I'm in the livestock business myself. We do a good job. Mr. Knight
does a good job but people still say you got problems. But the animals that you're talking
about even though they're small birds, small birds get to be big birds. And the foxes, I
just think you're just really over loading your site is what's happening. I think probably
Item #10
Lisa Barlow
Page 15
back in years when you first started you weren't top the magnitude that you are now.
Now things have grown and maybe something irritated somebody. It just appears to me
that you may be a little bit large for what you are doing.
Dorothy Wood: Thank you. I don't think you and Mr. Knight rehab your animals
though.
Donald Horsley: Oh we try because it means dollars to us.
Dorothy Wood: Why couldn't you have this behind the animal control on Leroy Drive?
That's an agricultural area.
Lisa Barlow: We've never approached.
Dorothy Wood: Wouldn't that be a good idea to have it there?
Lisa Barlow: It would be a wonderful to have a facility in an agricultural area. Our
problem is that our wildlife group is non-profit. We don't make a profit. We don't have
any funds. We barely get by with what we do.
=
Dorothy Wood: Okay. Mr. Strange is next.
Joseph Strange: How about an organization like PETA, People for the Ethical Treatment
of Animals? Do they not help you with this type of things?
Lisa Barlow: They bring us animals.
Joseph Strange: They don't give you any money?
Lisa Barlow: No.
Joseph Strange: This kind of falls under the category of no good deed ever goes
unpunished. Here you are basically providing this service and we're kind of forced to sit
and judgment over somebody who is doing something that none of us would probably do
for these animals. But, having said that, I mean, surely you understand that this is a
residential area. And it would seem like, to us, but there so many organizations out there
like PET A, who obviously has lots of money because of where they're situated on the
waterfront down there. All the billboards you see. It should seem like there should be
enough money out there for you to be able to find a facility that doesn't disrupt the
neighborhood.
Lisa Barlow: There should be.
Item #10
Lisa Barlow
Page 16
Joseph Strange: Me personally, I think I could vote for you to stay where you're at for a
limited period of time until you could find a more suitable place. But for you to stay
there unlimited, I don't think I could support that. That is kind of where I stand.
Dorothy Wood: Mr. Knight and then Mr. Crabtree.
Barry Knight: I think I pretty much concur with the rest of the members. We think your
doing a wonderful job. But it may be too much right now for this particular place. But
you are going to come up for an administrative review in a year. I feel fairly confident.
You have a lot of over sight with the feds and everything but the city is probably going to
keep an eye on it also. So, my suggest would be try to minimize the number of animals
that you have and know that it is going to come up for administrative review in a year,
which may get kicked back to us. It may be a different Council when it goes to them. I
would just suggest you minimize your number of animals. I think your time is probably
very limited to that site. When Mr. Crabtree is done, I'll make a motion or he can.
=
Eugene Crabtree: I commend you on what you're doing. I myself have used animal
rehabilitators, of which they would bring us anirnals in the neighborhood and we have in
turn. I have animals. I got a wild rabbit that lives in my yard. It has been there all
summer. I think they're great. Ijust don't feel comfortable with your operation being in a
residential neighborhood. I will agree with reservation with Mr. Strange that I would be
agreeable for you to stay there for a limited period of time in order to find something else.
And, I also agree with him that there should be some organization or something for the
City of Virginia Beach Animal Control, ASPCA or who or a private enterprise that
should be able to aid your rehabilitators in order for you to move out of residential
neighborhood. With reservation, I would probably support you staying there for a limited
period of time. But I am against this operation being there in a residential neighborhood.
Joseph Strange: I don't a one-year review is strong enough though. I think there should
be a limit put on it period. No review. You got to be out of there at a certain period.
That would be my reasoning here because if you just say one year review, what does that
mean? You're going to be back here listening to the neighbor again? Ijust don't think it
has any place to be there a year from now. I think a year from now it needs to be gone.
Dorothy Wood: Is that in a form of a motion?
Joseph Strange: Yeah. I would make a motion that we approve it based on a one-year
limit.
Dorothy Wood: Ms. Anderson. Do we have a second to the motion?
Donald Horsley: I'll second it.
-Item #10
Lisa Barlow
Page 17
Dorothy Wood: We have a motion by Mr. Strange and a second by Mr. Horsley. Ms.
Anderson.
Janice Anderson: Yes. I've heard everything. I believe in this case Ms. Barlow is an
expert in her field but I believe she has heard what she has before her. There is a noise
problem and there is a smell problem. There is an excess of animals at her home.
Hopefully, she understands these issues and I am confident of an administrative review of
a year because I am sure that if these issues are not cured that it will be back here and I'm
sure there is not going to be a question on the decision at that time. But, I would like to
make an alternate motion with the conditions that we have before us on administrative
yearly review just based on the information that she has gotten, her experience in the
field, and with the understanding that all these issues should be corrected immediately.
And also, as you stated I would get your organization to look for alternative site because
you can't keep that volume at your home.
Dorothy Wood: Ma'am?
William Din: I'll second it.
=
Dorothy Wood: Okay. The substitute motion has been seconded. I'm sorry ma'am.
We're getting ready to vote. Is there something new that you wanted to add?
Rebecca Cattani: I have a question.
Dorothy Wood: You have to come up front? Please make it quick because we have a
long agenda.
.;
Rebecca Cattani: I understand. What are we suppose to do as rehabbers when you as the
Planning Commission have made all these areas where wildlife lives and now you got
homes there?
Dorothy Wood: Ma'am, we really can't talk about that.
Rebecca Cattani: What are we suppose to do?
Dorothy Wood: I'm sorry ma'am.
Rebecca Cattani: We're having these animals come in so many more than ten years ago
because there is no place for them to live.
Dorothy Wood: We do land use ma'am. We aren't really wildlife rehabilitators but I
appreciate your question.
Item # 10
Lisa Barlow
Page 18
Rebecca Cattani: I understand that but it's your votes that have put us in this position
today.
Dorothy Wood: Thank you. M~. Miller.
Robert Miller: There are a couple of things that I want to say because I want to make sure
that you understand. what we are asking you to do. Do you understand that these
requirements will include and if your neighbors are upset about odor in a year when you
come back here, like Jan just said, you're not going to have good news. .
Lisa Barlow: Right. I totally understand.
=
Robert Miller: And I think one of the things that I was just curious about and if there are
truly, and I believe you said and I believe there are 38 other people who do this in our city
and some are in the agricultural area. I think you need their help maybe to supplement
what you're doing. I have foxes in my neighborhood. I have possums. We have all
kinds of animals and birds and I'm confident that what you said what the young lady just
said a minute ago that there is a tremendous need here. I also think, Bob maybe there is
something that our staff within the city government somewhere, has a responsibility to be
able to help with some of these needs. It just seems like a loop in the process we are
missing. I don't want wild animals out there that are hurt and wandering around the
neighborhoods. That's counter to all of us. And what you're doing and what your friends
are doing is a very great service. I think we all agree with that. I'm not expecting an
answer. I would just recommend that we have somebody on staff.
Robert Scott: We can do that. I think there are some things that we can do to work. I
don't think this situation is unique.
Robert Miller: No, it doesn't sound like it is.
Robert Scott: I think there are some things that we can do. Maybe some of this activity
with certain types of species can be limited to some numbers.
Robert Miller: One thing we need to do is write the City of Norfolk and tell them to get a
facility of their own.
Lisa Barlow: They don't have any land for one.
Robert Scott: I think the others would not. And I think there might be some other things
that we could do and set some parameters. We would be happy to do that.
Dorothy Wood: Thank you. Mr. Ripley.
Ronald Ripley: I was going to add this to the motion but I just will go with what you
Item #10
Lisa Barlow
Page 19
proposed. But I would like to see the applicant try to redevelop those cages a little more
professionally. And I would like to see them reduced in quantity if at all possible. I think
the intensity is a big part of their problem and if you reduce that, it will go a long ways to
staff seeing that things have actually downsized some. Maybe the neighbors will get a
long a little better with the idea of what's going on and hopefully you can proceed to do
what you do well.
Dorothy Wood: Mr. Waller.
John Waller: I'm not quite sure what we're voting on.
Dorothy Wood: Ms. Anderson, would you please give your motion.
=
Janice Anderson: Let me see if I get this right John. Okay. On my alternate motion, I'm
placing for a motion to approve on the conditions that we have already outlined here that
she is going to put a privacy fence in, position the cages back to the requirements of the
zoning setback. Put in an organic mulch beds to try to take care of the waste. The cages
be cleaned on a daily basis to minimize the odor and that there be an administrative
review, I think what she heard today is that these items and concerns of her neighbors
need to take care of and there is an administrative review and if they're not, it is very
clear that her Use Permit will not renewed after the year if those items are not addressed.
Also it was suggested that they look for an alternate site and in between that time because
the volume is too heavy. I think she has recognized that. I'm sure that she wants to stay
as a rehabilitator at this resident but at a smaller scale. .
Dorothy Wood: Do you have something to add Lisa?
Lisa Barlow: I have a question about the setback requirements.
Dorothy Wood: I think Ms. Lasley can help you with that. We do have zoning and it will
have to be moved.
Lisa Barlow: And Number #4 was cleaned daily.
Dorothy Wood: I believe that is in it the ordinance that they want it because of the odor,
unless we have another substitute?
Barry Knight: I'm not going to substitute. I think she will clean this daily or as much is
needed.
Dorothy Wood: We have several motions. Let's vote on the substitute motion and if you
want to tell us your motion again? Jan's is a one-year administrative review.
Ronald Ripley: If you approve Jan's, you approved the application.
Item #10
Lisa Barlow
Page 20
Dorothy Wood: Okay.
Ronald Ripley: Correct?
Kay Wilson: Correct. We're voting on Jan's first.
Dorothy Wood: This is to let it go on but with a one-year. review.
AYE 6
ANDERSON AYE
CRABTREE
DIN AYE
HORSLEY AYE
KA TSIAS
KNIGHT AYE
MILLER AYE
RIPLEY AYE
STRANGE
WALLER
= WOOD
NAY 4
ABSO
ABSENT 1
NAY
ABSENT
NAY
NAY
NAY
Ed Weeden: By a vote of 6-4, the substitute motion has been approved as conditioned
with an administrative review after one-year.
Dorothy Wood: Thank you. I'm sure if you talk to Ms. Lasley, I'm sure she can tell you
what the zoning requirements are.
Lisa Barlow: Thank you.
Dorothy Wood: Thank you and good luck.
/-//
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R-705 A
CUP - Home Day Care
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Pamela J. Johnson - Conditional Use Permit (home day care)
MEETING DATE: January 24,2006
.
Background:
An Ordinance upon Application of Pamela J. Johnson for a Conditional Use
Permit for a home occupation (daycare) on property located at 3005 Redbud
Court (GPIN 14970393810000). DISTRICT 3 - ROSE HALL
.
Considerations:
The applicant requests a Conditional Use Permit to allow a home day care
operation. The applicant has been operating the day care for several years with
no knowledge of the requirement for a conditional use permit. Upon request for
renewal of her family day care license from the Virginia Department of Social
Services, she was informed of the local requirement. Hours of operation for the
day care are 6:30 am to 7:30 pm, Monday through Friday. She is requesting to
be allowed to keep up to 12 children. There are two employees who both reside
in the home.
The Planning Commission placed this item on the consent agenda because they
felt that it is an appropriate use for the site, staff recommended approval and
there was no opposition to the request. The proposal is in conformance with the
Comprehensive Plan's recommendations for this area and will provide a needed
service to the surrounding established residential community. The site is located
adjacent to a City park, which is a positive asset for a day care home.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following condition:
1. The applicant shall complete any modifications to the structure deemed
necessary by the Permits and Inspections Division of the Planning
Department to meet current residential sound attenuation requirements.
Pamela J. Johnson
Page 2 of 2
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: ~ ~ 'ðß~
~-
PAMELA J. JOHNSON
Agenda Item # 11
December 14, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Conditional Use Permit for home day care
ADDRESS I DESCRIPTION: Property located at 3005 Redbud Court
GPIN:
14970393810000
COUNCIL ELECTION DISTRICT:
3 - ROSE HALL
SITE SIZE:
.24 acre
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a
home day care operation. The applicant has been operating
the day care for several years with no knowledge of the requirement for a conditional use permit. Upon
request for renewal of her family day care license from the Virginia Department of Social Services, she
was informed of the local requirement. Hours of operation for the day care are 6:30 am to 7:30 pm
Monday through Friday. She is requesting to be allowed to keep up to 12 children. There are two
employees, both reside in the home.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family home
1-264
Single-family homes / R-7.S Residential District
City park I R-7.5 Residential District
Single-family homes / R-7.S Residential District
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
.
.
.
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
None
AICUZ:
The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana. The
Navy AICUZ Officer has reviewed this proposal and has determined that
it is conditionally compatible if measures are taken for noise level
reduction.
PAMELA JOHNSON
Agenda Item-ff 1.1
Pag~1
The Comprehensive Plan recognizes this area as being within
the Primary Residential Area.
COMPREHENSIVE PLAN
Staff recommends approval of this EVALUATION AND RECOMMENDATION
request subject to the conditions
listed below. The proposal is in conformance with the Comprehensive Plan's recommendations for this
area and will provide a needed service to the surrounding established residential community.
CONDITIONS
1. The applicant shall complete any modifications to the structure deemed necessary by the Permits and
Inspections Division of the Planning Department to meet current residential sound attenuation
requirements.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
P AMEbA JOHNSON
Ag~ndaltem 11
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AERIAL OF SITE LOCATION
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PAMELA JOHNSON
Agenda Item'~11
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There is no zoning history to report in the surrounding area.
ZONING HISTORY
- .
P AMEbA JOHNSON
Agenda Item}~.1.1
. . R~g~5
E STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Pamela .Johnson
2. List all businesses that have a parent-subsidiary' or affiliated business entitf
relationship with the applicant: (Attach list if necessary)
I
D Check here if the applicant is NOT a corporation, partnership, firm, business,or
other unincorporated organization.
N/A
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiari or affiliated business entitý2
relationship with the applicant: (Attach list if necessary)
I
D Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization. '
1 & 2 See next page for footnotes
Corn!itíonal Use Permit Application
Page 9 of 10
Revised 9/112004
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z CERTIFICATION: I certify that the information contained herein is true and accurate.
~ I understand that, upon receipt of notification (postcard) that the application has been
'--' scheduled for public hearing, I am responsible for obtaining and posting the required
I I sign on the subject property at least 30 days prior to the scheduled public hearing
r t according to the instructions in this package.
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~ Applicant's Signature
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DISCLOSURE STATEMENT ~
------.--
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services and legal
services: (Attach list if necessary)
Prescription Cut Lawn Service
Maria Evans - Tax preparer
1 ~Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resoùrces or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities" See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
Pamela J. Johnson
Print Name
Property Owner's Signature (if different than applicant)
Print Name
Conditional Use Permit Application
Page 10 of 10
Revised 9/112004
PAMELA JOHNSON
Ag~ndaltem?,",11.
R~g~7
Item #11
Pamela J. Johnson
Conditional Use Permit
3005 Redbud Court
District 3
Rose Hall
December 14,2005
CONSENT
William Din: My next item is Item #11. This is Pamela J. Johnson. This is an
application of Ms. Johnson for a Conditional Use Pennit for a home occupation (daycare)
on property located at 3005 Redbud Court in the Rose Hall District and there is one
condition associated with this item.
Mark Valentine: My name is Mark Valentine. I represent Pamela Johnson in reference to
the Conditional Use Pennit for home daycare. I have read the conditions and agree with
them.
William Din: Thank you Mr. Valentine. Is there any objection to placing this item on
consent agenda? If not, Mr. Gene Crabtree will explain this item.
Eugene Crabtree: This applicant has been running a daycare for several years without
knowledge of needing a Conditional Use Pennit and in the process of renewing license
was infonned that they needed a Use Pennit. It confonns with the Comprehensive Plan
for that area. Staff recommends approval. This is on a street that is back in the back of a
section that is rather secluded and is a very proper area for a daycare and therefore, we put
it on the consent agenda.
William Din: Thank you Gene. I'd like to make a motion to approve the following
consent agenda item. Item #11 is Pamela J. Johnson. This is an application for a
Conditional Use Permit for home occupation (daycare) on property located at 3005
Redbud Court in the Rose Hall District with one condition.
Donald Horsley: I'll second it.
Dorothy Wood: A motion by Mr. Din and a second by Mr. Horsley.
AYE 10 NAY 0 ABSO ABSENT 1
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
KA TSIAS ABSENT
Item #11
Pamela J. Johnson
Page 2
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved Item #11 for consent.
-
1- - - - - - -- -
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach - Historic Kempsville Area Master Plan
MEETING DATE: January 24,2006
.
Background:
An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A)
by adding a new Article 20 thereto, consisting of Sections 2000 through 2004,
establishing the Historic Kempsville Area Overlay District; legislative intent;
district boundaries; application of regulations; use regulations; dimensional and
other requirements; density; landscape screening and buffering requirements.
An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A)
by amending Article 1, Section 102, pertaining to the establishment of districts
and official zoning maps for the Historic Kempsville Area Mixed Use District.
An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A)
by amending Article 9, Sections 900 through 906, pertaining to the legislative
intent, use regulations, dimensional requirements, landscape screening and
buffering regulations, height regulations, sign regulations, and off-street parking
regulations for the B-4K Historic Kempsville Area Mixed Use District.
An Ordinance to amend the Official Zoning Map by the designation and
incorporation of the Historic Kempsville Area Overlay District.
An Ordinance to amend the Comprehensive Plan by incorporating the Historic
Kempsville Area Master Plan.
.
Considerations:
The Historic Kempsville Area Master Plan is intended to address and coordinate
a number of related issues and opportunities in the area generally surrounding
the Princess Anne Road - Kempsville Road - South Witchduck Road
intersection. A significant investment in public funds is planned in the coming
years associated with transportation improvements for this area. The Plan
promotes leveraging these public improvements by encouraging a coordinated
approach to private redevelopment and new development of the adjoining area.
The vision outlined in the Plan for the Historic Kempsville area is to recreate a
village setting, building on the natural setting and historic character and
importance of the area while:
City of Virginia Beach
Page 2 of 3
accommodating reasonable development and redevelopment
opportunities for property owners in a manner that is compatible with the
new roadway system;
maintaining and improving access to serve existing commercial, office and
institutional uses;
not exacerbating vehicular traffic congestion and conflicts in the area; and
not reintroducing traffic congestion and conflicts in the area that the new
roadway system was designed to remedy.
Amendment to the Zoning Ordinance Establishing Article 20
This ordinance amendment establishes the Historic Kempsville Area Overlay
District. This District allows for and helps encourage strong adherence to
architectural, vegetation, street furniture, and site design themes that will
reinforce the sense of place and identity for the area. This change to the
Ordinance and accompanying zoning map revision enable this recommendation
to be implemented with new development and redevelopment that takes place in
the area.
Amendment to the Zoning Ordinance Article 1 . Section 102
This ordinance amends the zoning classifications in the City Zoning Ordinance to
promote appropriate mixed use development in the area, and establishes an
overlay district to help implement the design recommendations set forth in the
Plan. This change to the Ordinance brings Section 102 into conformance with
the other amendments recommended to help implement the Historic Kempsville
Area Master Plan.
Amendment to the Zoning Ordinance Article 9. Sections 900-906
This ordinance amends the business zoning classifications in the City Zoning
Ordinance to promote mixed use development in the area. This would allow for
the development and redevelopment of the area with mixed use projects
appropriate in scale to the area, helping to promote a more pedestrian
environment as called for in the Plan. It would also help promote shared parking
facilities, reduced setbacks and other design elements in keeping with a more
urban yet village-scale setting for the area, as called for in the Plan.
Amendment to Official Zonina Map
This ordinance amends the official zoning map to define the boundaries of the
Historic Kempsville Area Overlay District. The purpose of the overlay district is
to encourage strong adherence to architectural, vegetation, street furniture, and
site design themes that will reinforce the sense of place and identity for the area.
Amendment to Adopt the Historic Kempsville Area Master Plan as an
amendment to the Comprehensive Plan
This ordinance amends the Comprehensive Plan by incorporating the Historic
Kempsville Area Master Plan as a component of the Comprehensive Plan policy
document.
Staff recommends approval of these amendments.
City of Virginia Beach
Page 3 of 3
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request on December 14, 2005.
.
Attachments:
Staff Review
Ordinances
Minutes
Historic Kempsville Area Master Plan
Recommended Action: Staff recommends approval. Planning Commission recommends
approval with a recommended addition to the proposed Historic Kempsville Area Master Plan to
specify that the posted speed limits on the major arterials within the Historic Kempsville Overlay
District area be 35 miles per hour, regardless of design speeds associated with the intersection
improvement project associated with the area which may allow for higher speed limits.
Submitting Department/Agency: Planning Department -tf(!ßI:. & ~
City Manager~ Ie Öß~
CITY OF VIRGINIA BEACH
AMENDMENTS TO CITY ZONING ORDINANCE AND
COMPREHENSIVE PLAN FOR THE HISTORIC KEMPSVILLE
OVERLAY DISTRICT
Agenda Items # 34 - #38
December 14, 2005 Public Hearing
REQUEST:
34. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by adding a new
Article 20 thereto, consisting of Sections 2000 through 2004, establishing the Historic Kempsville Area
Overlay District; legislative intent; district boundaries; application of regulations; use regulations;
dimensional and other requirements; density; landscape screening and buffering requirements.
35. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article
1, Section 102, pertaining to the establishment of districts and official zoning maps for the Historic
Kempsville Area Mixed Use District.
36. An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by amending Article
9, Sections 900 through 906, pertaining to the legislative intent, use regulations, dimensional
requirements, landscape screening and buffering regulations, height regulations, sign regulations, and
off-street parking regulations for the B-4K Historic Kempsville Area Mixed Use District.
37. An Ordinance to amend the Official Zoning Map by the designation and incorporation of the Historic
Kempsville Area Overlay District.
38. An Ordinance to amend the Comprehensive Plan by incorporating the Historic Kempsville Area
Master Plan.
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CITY OF VIRGINIA BEACH- HISTORIC KEMPSVILLE OVEI3~YDtST ',' CT
Agend~ '1~~m# 3 ~8
SUMMARY OF AMENDM ENTS
The Historic Kempsville Area Master Plan is intended to address and coordinate a number of related
issues and opportunities in the area generally surrounding the Princess Anne Road - Kempsville Road-
South Witchduck Road intersection. A significant investment in public funds is planned in the com ing
years associated with transportation improvements for this area.
It is critically imperative that the City, in cooperation with affected property owners, use this opportunity to
leverage these public investments into helping create a sense of place and character for this area of the
City that is distinctive, supportive and complementary to other similar efforts underway in other areas of
the City. This opportunity can be channeled into ways that helps to provide open space, enhance and
promote neighborhood preservation efforts, retrofit storm water quality management, and help preserve
valuable historic resources in the immediate and surrounding area.
Issues addressed in the Historic Kempsville Area Master Plan include:
Land Use
Environmental Constraints and Opportunities
Open Space
Historic Resources
Disposal and Use of Excess City Property and Right-of Way
Creating a Sense of Place and Name Identification for the Area
Coordination with Proposed Transportation Improvements
Coordination with other City Public Facilities
Coordination with Commercial and Institutional Interests
Coordination with Residential Interests
Design Guidelines
Code Revisions
The specific recommendations in this Plan are intended to serve as a stand alone document to assist the
City, property owners and prospective developers in implementing the Plan's vision. In addition, this Plan
through its adoption serves as a supplement to the City's Comprehensive Plan, providing the detail to
refine the Comprehensive Plan's general recommendations for the area.
The vision for the Historic Kempsville area is to recreate a village setting, building on the natural setting
and historic character and importance of the area while:
accommodating reasonable development and redevelopment
opportunities for property owners in a manner that is compatible with
the new roadway system;
maintaining and improving access to serve existing commercial,
office and institutional uses;
not exacerbating vehicular traffic congestion and conflicts in the
area; and
not reintroducing traffic congestion and conflicts in the area that
the new roadway system was designed to remedy.
Amendment to the Zonina Ordinance Establishina Article 20 (Item #34)
In accordance with the recommendations in the draft Historic Kempsville Area Master Plan, it is
recommended that a section be established in the City Zoning Ordinance to allow for the establishment of
the Historic Kempsville Area Overlay District. This District would allow for and help encoJ.l~8:g~;strP.~~"
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CITY OF VIRGINIA BEACH- HISTORIC KEMPSVILLE OVEBtAYDISTaiCT
Agend~4tem# 34~~8
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adherence to architectural, vegetation, street furniture, and site design themes that will reinforce the
sense of place and identity of the area. This proposed ordinance and accompanying zoning map revision
would enable this recommendation to be implemented with new development and redevelopment that
takes place in the area.
Amendment to the Zonina Ordinance Article 1. Section 102 (Item #35)
In accordance with the recommendations in the draft Historic Kempsville Area Master Plan, it is
recommended that the zoning classifications be amended in the City Zoning Ordinance to promote
appropriate mixed use development in the area, and to allow for the establishment of an overlay district to
help implement the design recommendations set forth in the draft Plan. This change to the Ordinance
brings Section 102 into conformance with the other City Zoning Ordinance amendments recommended to
help implement the draft Historic Kempsville Area Master Plan.
Amendment to the Zonina Ordinance Article 9. Sections 900-906 (Item #36)
In accordance with the recommendations in the draft Historic Kempsville Area Master Plan, it is
recommended that a new section be established in the City Zoning Ordinance to promote mixed use
development in the area. This would allow for the development and redevelopment of the area with
mixed use projects appropriate in scale to the area, helping to promote a more pedestrian environment as
called for in the draft Plan. It would also help promote shared parking facilities, reduced setbacks and
other design elements in keeping with a more urban yet village-scale setting for the area, as called for in
the draft Plan.
Amendment to Official Zonina Map (Item #37)
In accordance with the recommendations in the draft Historic Kempsville Area Master Plan, it is
recommended that a zoning overlay district be established in the City Zoning Ordinance to encourage
strong adherence to architectural, vegetation, street furniture, and site design themes that will reinforce
the sense of place and identity of the area.
Amendment to Adopt the Historic Kempsville Area Master Plan as an amendment to the Comprehensive
Plan (Item #38)
The Historic Kempsville Area Master Plan is intended to address and coordinate a number of related
issues and opportunities in the area generally surrounding the Princess Anne Road - Kempsville Road -
South Witchduck Road intersection. A significant investment in public funds is planned in the coming
years associated with transportation improvements for this area.
RECOMMENDATION
Staff recommends approval of these amendments.
~
CITY OF VIRGINIA BEACH- HISTORIC KEMPSVILLE OVERt:ÂV DIST CT
Agend~~:ftem # 34 . 8..
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AN ORDINANCE TO ESTABLISH THE
HISTORIC KEMPSVILLE AREA OVERLAY
DISTRICT, DISTRICT BOUNDARIES, USE
REGULATIONS AND DIMENSIONAL,
DENSITY, AND LANDSCAPING
REQUIREMENTS
Sections Added: City Zoning Ordinance
Sections 2000, 2001, 2002, 2003 and 2004
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That
the City Zoning Ordinance
is hereby amended by the
addition of a new Article 20, consisting of Sections 2000, 2001,
2002, 2003 and 2004, pertaining to the Historic Kempsville Area
Overlay District, to read as follows:
ARTICLE
20.
OVERLAY
THE HISTORIC
DISTRICT
KEMPSVILLE
AREA
Sec. 2000. Findings; intent.
The City Council hereby finds that the Historic Kempsville
Area is not only one of the primary crossroads within the City,
but
is also the location of the third courthouse
in Princess
Anne County, the site of a Revolutionary War skirmish, an early
cultural and economic hub within the City, and is surrounded by
many stable and attractive residential communities. As such, its
appearance and revitalization is important to the physical and
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economic
purpose
vitality
of
the
City.
The
of
the
Historic
Kempsville Area Overlay District is to enhance the appearance of
the area encompassed by the District and to help restore its
vitality as an important and historic location within the City.
COMMENT
The section states the findings and intent underlying the creation of the Historic
Kempsville Area Overlay District.
Sec. 2001. District boundaries.
The
Historic
Kempsville
Overlay District
Area
boundaries
shall be as designated on the official zoning map of the city.
COMMENT
The section designates the boundaries of the District by reference to the official
zoning map.
Sec. 2002. Application of regulations.
The
designation
of
lying
within
property
the
any
as
Historic Kempsville Area Overlay District shall be in addition
to,
and
district
in
lieu
of,
the
not
underlying
zoning
classification of such property, such that any property situated
in the Historic Kempsville Area Overlay District shall also lie
within one or more of the zoning districts enumerated in Section
102 (a) of this ordinance. All such property shall be subject to
the
requirements
this
of
article
well
all
other
as
to
as
regulations
applicable
it,
and
the
that
to
to
extent
any
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provision of this article conflicts with any other ordinance or
regulation, the more restrictive provision shall control.
COMMENT
The section sets forth general rules regarding the application of the regulations
pertaining to the Overlay District. The rules are similar to those used in other Overlay
Districts within the City (e.g., Shore Drive Corridor, Laskin Road. Gateway).
Sec. 2003. Use regulations.
(a)
Principal uses. Subject to general requirements and to
the regulations of the underlying zoning district,
all uses and
structures permitted as principal uses in the underlying zoning
district
principal
in
which
they
located
shall
be
permitted
are
as
uses
within
Area
Overlay
Historic
the
Kempsville
District, except as set forth in Section 901 of this Ordinance.
(b)
Accessory uses. Subject to general requirements and to
the regulations of the underlying zoning district,
all uses and
structures permitted as accessory uses in the underlying zoning
district
accessory
District.
( c)
in
which
they
located
shall
be
permitted
are
as
uses
within
Area
Overlay
the
Historic
Kempsville
Conditional uses.
Subj ect to general requirements and
to the regulations of the underlying zoning district,
all uses
and structures permitted as conditional uses in the underlying
zoning district in which they are located shall be permitted as
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conditional
within
the
Historic
Kempsville
Area
Overlay
uses
District, as well as the following uses and structures:
(1 )
Multiple-family dwellings in the B-4K
(HK)
Mixed
Use District;
(2)
Attached
dwellings
in
the
(HK)
Mixed Use
B-4K
District;
(3)
Commercial
parking
lots,
parking
garages
and
storage garages located in the B-2 (HK)
Community
Business or B-4K (HK) Mixed Use Districts.
(d) . Additions
single-family
to
dwellings,
duplexes,
attached dwellings and multiple-family dwellings not increasing
the number of dwelling units in any such use shall be permitted
by right, provided that all other requirements of this ordinance
are
met.
Where
or
setbacks
other
dimensional
requirements
pertaining
additions
such
specified
to
in
the
are
not
regulations of the underlying zoning district, such requirements
shall
be
specified
in
the
(HK)
Mixed
Use
Business
B-4K
as
District.
COMMENT
The section sets forth use regulations (principal, accessory and conditional uses)
applicable in the Overlay District. Except as specifically provided, the permitted uses are
the same as those in the underlying zoning district.
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Sec. 2004.
Dimensional and other requirements;
landscape screening and buffering.
density;
Subject
provisions
Section
2003
of
to
the
of
ordinance,
dimensional
requirements
uses
for
other
and
this
and
structures located wi thin the Historic Kempsville Area Overlay
District
specified
underlying
in
the
shall
be
as
district; provided, however, that:
(a)
The
density
multiple-family
shall
dwellings
of
exceed
eighteen
units
maximum
( 18 )
or
the
per
acre
zoning
not
density
permitted by the regulations of the underlying zoning district,
whichever is the lesser, on a zoning lot.
(b)
zoning
or
within
the
B-2(HK)
Where
lot
a
B-4(HK)
district adjoins any district in which single-family dwellings,
duplexes,
attached dwellings
dwellings
or multiple-family
permitted
conditional
principal
use,
without
as
a
or
are
an
intervening street, alley or body of water over twenty-five (25)
feet in width,
a fifteen-foot minimum yard shall
be required
along
lines
Category
all
lot
adjoining
district.
such
IV
landscape screening shall be required, and no other uses or
structures shall be permitted, within the yard.
(c) The requirements within the B-4K (HK) Mixed Use
Business District for minimum lot area, width, yard spacing and
maximum lot coverage
for residential
dwellings
and commercial
structures are set forth in Article 9 of this ordinance.
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COMMENT
The section sets forth dimensional requirements, density restrictions and
landscaping requirements in the Overlay District. It also provides that the dimensional
requirements for property within the Overlay District that is zoned B-4K (HK) Mixed Use
District are set forth in Article 9 (Business Districts) of the City Zoning Ordinance.
CA-9838
OID\ordres\Kempsville Overlay Ordinance.doc
R-1
December 2, 2005
APPROVED AS TO CONTENT:
AP(jJ¡ TjFïtl7cy:
City Attorney's Office
~.:.. 12..'. o!"
Planning Department
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AN ORDINANCE ESTABLISHING THE B-4K
HISTORIC KEMPSVILLE AREA MIXED USE
DISTRICT AND THE HISTORIC KEMPSVILLE
AREA OVERLAY DISTRICT
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SECTION AMENDED:
§ 102
Ci ty Zoning Ordinance
WHEREAS, the public necessity, convenience, general welfare
9
and good zoning practice so require;
10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11
BEACH, VIRGINIA:
12
Section
is hereby
102
That
of the City Zoning Ordinance
13
amended and reordained, to read as follows:
14
Sec. 102. Establishment of districts and official zoning maps.
15
(a) In order to carry out the purposes and provisions of
16
this ordinance, the following districts are hereby established
and are hereby listed in order from most restrictive to least
restrictive:
(1 )
Preservation District. The Preservation District shall
consist of:
P-l Preservation District
(2 )
Agricultural
Districts
Districts.
The
Agricultural
shall consist of:
AG-l Agricultural District
AG-2 Agricultural District
( 3 )
Residential
Districts.
Residential
Districts
shall
consist of:
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34
35
36
37
38
( 4 )
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of:
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41
42
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(5 )
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( 6)
47
of:
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(7 )
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of:
R-40 Residential District
R-30 Residential District
R-20 Residential District
R-15 Residential District
R-I0 Residential District
R-7.5 Residential District
R-5D Residential District
R-5R Residential District
R-5S Residential District
R-2.5 Residential Townhouse District
Apartment Districts. Apartment Districts shall consist
A-12 Apartment District
A-18 Apartment District
A-24 Apartment District
A-36 Apartment District
Hotel District. The Hotel District shall consist of:
H-l Hotel District
Office Districts. The Office Districts shall consist
0-1 Office District
0-2 Office District
Business Districts. Business Districts shall consist
2
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B-1 Neighborhood Business District
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B-1A Limited Community Business District
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B-2 Community Business District
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B-3 Central Business District
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B-3A Pembroke Central Business Core District
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B-4 Mixed Use District
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B-4C Central Business Mixed Use District
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B-4K Historic Kempsville Area Mixed Use District
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( 8 )
Industrial Districts. Industrial Districts shall
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consist of:
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1-1 Light Industrial District
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1-2 Heavy Industrial District
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( 9)
[ Reserved]
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(10) Planned Development Districts. The Planned Development
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Districts shall consist of:
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PD-H1 Planned Unit Development District
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PD-H2 Planned Unit Development District
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(11) Historic and Cultural District. The Historic and
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Cultural District shall consist of:
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Historic and Cultural District
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(12) Resort Tourist Districts. The Resort Tourist Districts
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shall consist of:
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RT-4 Resort Tourist District
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RT-3 Resort Tourist District
3
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(a1)
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(oJ),
there There is hereby established the Shore Drive Corridor
80
Overlay
81
official
82
designation
83
RT-2 Resort Tourist District
RT-1 Resort Tourist District
In .Jddition to the diotricto enumeroJted in ouboection
District.
Such
district
shall
be
designated
on
the
zoning
by
the
notation
"(SD) "
following
the
map
of
the
underlying
zoning
district.
As
an
illustration,
Overlay
84
property
in
the
Shore
Drive
Corridor
District and in the B-4 Mixed Use District shall be designated
85
on
the
86
4 (SD) . "
87
official
zoning map
having
the
classification
"B-
as
(a2) In .Jddition to the diotricto enuffieroJted in ouboection
88
(oJ),
there There is hereby established,
as an overlay district
89
within the RT-3 Resort Tourist District, the Laskin Road Gateway
90
Overlay
91
District.
Such
district
shall
be
designated
on
the
official zoning map as "RT-3(LRG)."
92
(a3)
93
District.
94
There
is
hereby established the Old Beach
Overlay
Such
district
on
shall
be
designated
the
official
zoning map by the notation" (OB)" following the designation of
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the underlying zoning district. As an illustration,
property in
96
the
Old
Beach
Overlay
District
in
the
and
R-5D
Residential
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Duplex District shall be designated on the official zoning map
98
as having the classification "R-5D(OB)."
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101
102
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105
106
101
108
109
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111
112
113
114
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(a4) There
is
hereby established the Historic
Kempsville
Area Overlay District. Such district shall be designated on the
official
notation
following
the
by
the
" (HK) "
zoning
map
designation
underlying
zoning
an
district.
As
of
the
illustration,
property in the Historic Kempsville Area Overlay
District
and in the B-2 Community Business
shall be
District
designated
official
having
the
zoning
the
map
as
on
classification "B-2(HK)."
COMMENT
The amendments establish the B-4K Historic Kempsville Area Mixed Use District and the
Historic Kempsville Area Overlay District.
Adopted
Council
City
Virginia
Beach,
of
the
of
by
the
Virginia, on the
day of
, 2005.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
iJJ L}J¡Æ{ fJr (flwl
City Attorney's Of ice
~ \~./".oç
~
Planning Department
CA-9837
H:\OID\OrdRes\HKA See 102 ordin.doc
R-2
December 2, 2005
5
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AN ORDINANCE ESTABLISHING THE LEGISLATIVE
INTENT, USE REGULATIONS, DIMENSIONAL
REQUIREMENTS, LANSDSCAPE SCREENING AND
BUFDFERING REQUIREMENTS, HEIGHT REGULATIONS,
SIGN REGULATIONS AND OFF-STREET PARKING
REQUIREMENTS IN THE B-4K HISTORIC KEMPSVILLE
AREA MIXED USE DISTRICT
Sections
Sections
906
Amended:
900, 901,
City Zoning Ordinance
902, 903, 904, 905 and
WHEREAS, the public necessity, convenience, general welfare
15
and good zoning practice so require;
16
NOW,
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
17
CITY OF VIRGINIA BEACH, VIRGINIA:
18
That Sections 900,
904,
905 and 906 of the
901,
902,
903,
City Zoning Ordinance is hereby amended and reordained to read
as follows:
ARTICLE 9. BUSINESS DISTRICTS
Sec. 900. Legislative intent.
The purpose of the B-1 Neighborhood Business District is to
provide areas where a limited range of business establishments
can
be
or
located
adjacent
residential
development
to
near
wi thout adversely impacting the adj acent residential area.
The
purpose of the B-1A Limited Community Business District
is to
provide
where
limited
commercial
development
can
be
areas
dispersed
the
needs
of
to
support
nearby
residential
55
56
57
34 neighborhoods. The purpose of the B-2 Community Business
35 District is to provide land needed for community-wide business
36 establishments. This district is intended for general
37
application in the city. It is intended that, by the creation of
38
this
uses
district,
business
will
be
geographically
39
concentrated.
The purpose of the B-3 Central Business District
40
is
set
apart
that
portion
city
which
of
the
forms
the
to
41
metropolitan center for financial,
professional and
commercial,
42
cultural
activities,
and
including
business,
professional
43
cultural
manner
development
in
that
complements
the
B-3A
a
44
pembroke
Business
Core
Central
District
and
the
policies
45
identified in the City of Virginia Beach Comprehensive Plan.
It
46
is intended that any uses likely to create friction with these
47
proposed types of activities will be discouraged. This district
48
is not intended for general application throughout the city. The
49
purpose of the B-3A Pembroke Central Business Core District is
50
to optimize development potential
pedestrian-
for a mixed-use,
51
oriented,
to
high-rise
urban
activity
with
mid-
center
52
that
uses,
including
contain
of
structures
types
numerous
53
business,
retail,
and other
residential,
educational
cultural,
54
public
uses.
private
and
district
is
intended
The
B-3A
to
comprise
publicly
accessible
community
open
space
areas,
generally reflective of
the
identified in the
city's
concepts
Comprehensive
Plan and the
Business
District
Pembroke
Central
2
58
Master Plan. Requests for rezonings to the B-3A Pembroke Central
59
Business Core District shall be limited within the area bound by
60
Independence
Constitution
and
Drive
Boulevard,
Jeanne
Street,
61
the
Railroad
to
those
right-of-way.
Norfolk-Southern
As
62
buildings and structures rendered nonconforming by a rezoning to
63
B-3A,
it is the intent of the City Council to encourage their
64
appropriate expansion or renovation by resolution,
as set forth
65
in
to
in
intent
of
this
section
order
effectuate
the
lOS,
66
section.
This district is not intended for general application
67
throughout the city.
The purpose of the B-4 Mixed Use District
68
is to provide for retail and commercial service facilities and
69
residential uses in those areas of the city where a mixture of
70
such uses is desirable and recommended by the policies of the
71
Comprehensive
The
Central
Business
of
the
Plan.
B-4C
purpose
72
Mixed Use District is to provide an area that complements the B-
73
3A pembroke Central Business Core District through quality mixed
74
development
intensities
patterns
that
and
support
use
at
75
multiple modes of transportation,
higher residential densities,
76
and an
integrated mix of
residential and non-residential uses
77
within
building
on
lot.
Requests
for
the
the
same
or
same
78
rezonings to the B-4C Central Business Mixed Use District shall
79
be
limited to
surrounding
B - 3A pembroke
Central
the
area
the
80
Business Core District and generally bounded by Thalia Creek on
81
the east,
Interstate 264 on the south, Aragona Boulevard on the
3
99
100
101
102
103
104
105
106
107
82
and
on
Jeanne
and
Broad
west,
Street
Street
the
north.
83
Development within the B-4C Central Business Mixed Use District
84
should adhere to the Comprehensive Plan's Mixed Use Development
85
Guidelines.
The purpose of the B-4K Historic Kempsville Area
86
Mixed Use District is to provide an area that complements the
87
adjoining
use
residential
neighborhoods
through
quality mixed
88
development
support multiple
intensities
and patterns
at
that
89
modes
and an
of
transportation,
higher
residential
densities,
90
integrated mix of
uses
within
residential
and non-residential
91
the same building or on the same lot.
Rezonings to the B-4K
92
Historic Kempsville Area Mixed Use District shall be limited to
93
property within the area generally bounded by Kempsville Heights
94
and Kempsville Lake to the north, Cedar Run Canal to the south,
95
Kempsville Gardens and Kempsville Manor to the east, and Eastern
96
Branch of the Elizabeth River to the west.
Development within
97
the
shall
Historic
Kempsville
B-4K
Mixed
District
Area
Use
98
conform
Use
Development
the
Comprehensive
Plan's
Mixed
to
Guidelines and the Historic Kempsville Area Master Plan or,
in
the
of
conflict,
shall
event
conform
the
Historic
to
a
Kempsville Area Master Plan.
COMMENT
The amendments describe the legislative intent underlying the B-4K Historic Kempsville
Area Mixed Use District and establish its general boundaries.
4
108
109
110
III
112
113
114
115
116
117
118
Sec. 901. Use regulations.
(a)
Principal
and
conditional
The
following
chart
uses.
lists those uses permitted within the B-1 through B-4 Business
Districts.
Those uses and structures in the respective business
districts shall be permitted as either principal uses indicated
by a
or as conditional uses
indicated by a
"P"
"C." Uses and
structures
indicated
an
by
shall
prohibited
be
in
"X"
the
respective
districts.
No
other
than
structures
uses
or
as
specified shall be permitted.
B-1
B-1A
B-2
B-3
B-3A
B-4
B-4C
B-4K
Use
Animal hospitals,
veterinary
establishments,
pounds, shelters,
commercial
kennels, provided
all animals shall
be kept in
soundproofed,
air-conditioned
buildings
Antennas,
building-mounted
Auditoriums,
assembly halls,
and union halls
Automobile repair
garages and small
engine repair
establishments,
provided that all
repair work shall
be performed
within a building
P
P
P
P
P
P
P
p
X
X
P
p
P
P
P
X
X
C
P
P
p
P
P
x
x
x
C
X
x
C
x
x
5
Use
Automobile repair
establishments
dealing
exclusively in
minor repairs of
the type provided
at automobile
service stations
Automobile
service stations;
provided that,
where there is an
adjoining
residential or
apartment
district without
an intervening
street, alley or
permanent open
space over
twenty-five (25)
feet in width and
where lots
separated by a
district boundary
have adjacent
front yards,
Category VI
screening shall
separate the
automobile
service station
use from the
adjacent
residential
district or
apartment
district and no
ground sign shall
be within fifty
(50) feet of the
residential
district or
apartment
district
B-1
x
B-1A
x
x
x
B-2
C
6
B-3
C
C
B-3A
C
x
x
B-4
C
B-4C
B-4K
C
x
x
x
x
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Bakeries, P P P P P P P P
confectioneries
and
delicatessens,
provided that
products prepared
or processed on
the premises
shall be sold
only at retail
and only on the
premises
Bed and breakfast X X X X X C X C
inns
Beverage X X P P X P P X
manufacturing
shops, which
shall not exceed
three thousand
(3,000) square
feet in floor
area
Bicycle and moped X X X X X C X X
rental
establishments
Bingo halls X X C X X C X X
-
Boat sales X X P X X P X X
Body piercing -
X X C X X X X X
establishments
Borrow pits X X C X X X X X
7
B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K
Use
Bulk storage X X C X X X X X
yards and
building
contractors
yards; provided
that no sale or
processing of
scrap, salvage or
secondhand
material shall be
permitted in such
yards; and,
provided further
that such storage
yards shall be
completely
enclosed except
for necessary
openings in
ingress and
egress by a fence
or wall not less
than six (6) feet
in height
Business and X C C C C C C X
vocational
schools which do
not involve the
operation of
woodwork shops,
machine shops or
other similar
facilities
Business studios, P P P P P P P P
offices and
clinics
8
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Car wash X X C C C C X X
facilities,
provided that:
(i) no water
produced by
activities on the
zoning lot shall
be permitted to
fall upon or
drain across
public streets or
sidewalks or
adjacent
properties; (ii)
a minimum of
three (3) off-
street parking
spaces for
automobiles shall
be provided for
each car wash
space within the
facility
Child care and C C P P P P P C
child care
education centers
Churches X C C C C C C C
-
Colleges and X C C C C C C X
universities,
public or private
Commercial X X P P P P P C
parking lots,
parking garages,
parking
structures and
storage garages
9
B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K
Use
Commercial X X C C P C P X
parking gar-ages
and storage
garages which
include car wash,
car rental or car
detailing
services when
wholly enclosed
within a parking
structure and
accessory thereto
Commercial X X C C C P C X
recreation
facilities other
than those of an
outdoor nature
Dormitories for X X X X X C X X
marine pilots
Drugstores, P P P P P P P P
beauty shops and
barbershops and
other similar
personal service
establishmentsi.
provided that
drive-through
windows shall not
be allowed in the
B-4K District
Dwellings, X X X X P X P
Attached
Dwellings, Multi- X X X X C P C C
family
10
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Eating and X X X X P X P P
drinking
establishments
without drive-
through windows,
when not
freestanding and
incorporated
inside a mixed
use building,
except as
otherwise
specified in this
section
Eating and X X P P X P X X
drinking
establishments
with drive-
through windows,
except as
specified below
Eating and p p p p X P X X
drinking
establishments
without drive-
through windows,
except as
specified below
Eating and X X C C C C C C
drinking
establishments
where all three
of the following
occur:
1. Alcoholic
beverages are
served;
2. The
establishment is
located within
five hundred
(500) feet of a
residential or
apartment
district;
11
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
3. The
establishment
excludes persons
on the basis of
age during any
part of the day,
or provides
entertainment,
audible from an
adjoining
property.
Fiber-optics X C C C C X C X
transmission
facilities
Financial P P P P P P P P
institutionsi.
provided, that
drive-through
windows shall not
be allowed in the
B-4K District
Flea markets X X C C C C C X
Florists, gift -
P P P P P P P p
shops and
stationery stores
Funeral homes X p P P X P X X
repair -
Furniture X p P P X P X X
and upholstering,
repair services
for radio and
television and
household
appliances other
than those with
gasoline engines;
carpet and
linoleum laying;
tile setting,
sign shops and
other small
service
businesses
Greenhouses and X p P X X P X X
plant nurseries
12
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use -
Grocery stores, C C P P X P X X
carry-out food
stores and
convenience
stores all being
both freestanding
and in a
structure with a
gross floor area
of less than five
thousand (5,000)
square feet
Grocery stores, X X P P C P C X
carry-out food
stores and
convenience
stores whether or
not freestanding,
but in a
structure of a
gross floor area
of not less than
five thousand
(5,000) square
feet
Grocery stores, P P P P C P C C
carry-out food
stores and
convenience
stores any of
which are not
freestanding but
in a structure
with a gross
floor area of
less than five
thousand (5, 000)
square feet
Heliports and X X C C C C C X
helistops
Home occupations X X X X C C C C
13
B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K
Use
Housing for C C X X C C C C
seniors and
disabled persons
or handicapped,
including
convalescent or
nursing;
maternity homes;
child care
centers other
than covered
under permitted
principal uses
hereinabove,
provided that the
maximum height
shall not exceed
one hundred
sixty-five (165)
feet; provided,
however, that no
structure shall
exceed the height
limit established
by section 202(b)
regarding air
navigation
Hospitals and X X C C C C C X
sanitariums
Hotels and motels X X X P P P P X
14
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Hotels and motels X X X X X C X X
with increased
lodging unit
density and
height, provided
that the maximum
density shall be
one hundred
twenty (120)
lodging units per
acre, the minimum
lot area shall be
one (1) acre and
the maximum
height shall be
one hundred (100)
feet;
notwithstanding
the above, no
structure shall
exceed the height
limit established
by section 202(b)
regarding air
navigation
Laboratories and X X P P P P P P
establishments
for the
production and
repair of eye
glasses, hearing
aids and
prosthetic
devices
Laundry and dry p p p p p p p p
cleaning agencies
Liquor stores, P P P P P P P P
package only
Marinas, X X C C X C X X
commercial
Medical and p p p p p p p p
dental offices
and clinics
Medical X X P P P P P P
laboratories
lS
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Mini-warehouses X C C C X C X X
-
Mobile home sales X X C X X X X X
-
Motor vehicle X X C C X C X X
sales and rental,
provided the
minimum lot size
is twenty
thousand (20,000)
square feet; and
provided further,
that truck and
trailer rentals
shall comply with
the provisions of
section 242.2
Motor vehicle X X X X P X P X
sales and rental,
provided such use
is wholly
enclosed within a
building, and
further provided
that no outdoor
use accessory to
or in conjunction
with the
principal use
shall be allowed
Museums and art C P P P P P P P
galleries
Newspaper X P P P P P P P
printing and
publishing, job
and commercial
printing
16
Use
Off-site parking
facilities.!..
subject to the
provisions of
subsection (c)
for ;:my uoe
~d thin the B 3,
B 3l\. or B 1C
Diotricto m~y be
permitted on ~ny
zoning lot ~ithin
~ny of thoDe
three (3)
diotricto,
pro~vvided ~ll of
the follmdng
requiremento are
met. (~)
E:tructureo for
p.J.rking
f.J.cilitieo oh~ll
conform to the
regul.J.tiono of
the diotrict in
"y;rhich loc~ted,
(b) Off oi te
parking
f¡:¡cilitico ohall
be located ~ithin
one thouo~nd five
hundred (1,500)
feet from the uoe
they are intended
to oerve, but in
no c~oe oh~ll ~ny
ouch f.J.cility be
loc~ted oppooite
Virgini.J. Be~ch
Boulevard ~nd
Independence
Boule~yv.J.rd unleoo
grade oep~r~ted
pedeotri~n ~cceoo
io provided, (c)
Off cite p~rking
B-1
x
B-1A
B-2
x
x
17
B-3
B-3A
p
p
B-4
x
B-4C
B-4K
p
x
Use
otructureo
oerving uoeo
r,:i thin the 13 31'.
Diotrict oh.:lll
not be oep~r~ted
by Independence
Boule~~rd; (d) A
~ritten agreement
~oouring
continued
~~ail~bility of
the number of
op~ceo indic~ted
oh~ll be drœ.m
~nd executed, ~nd
~ certified copy
of ouch ~greement
ohall be recorded
r,:ith the clerk of
the court. Cuch
~greement ohall
otipulate th~t,
if ouch op~ce io
not m~intained or
op~ce ~ccept~ble
to the pl~nning
director
oubotituted, the
uoe or ouch
portion of the
uoe ~o io
deficient in
number of p~rking
op~ceo ohû.ll be
diocontinued. The
agreement ohall
be oubject to the
appro~.~~l of the
city attorney
B-1
B-1A
B-2
18
B-3
B-3A
B-4
B-4C
B-4K
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Outdoor cafes P P P P P P P P
-
Outdoor plazas P P P P P P P P
-
Passenger X X C C C C C X
transportation
terminals
Passenger vessels X X C X X C X X
permitted by u.s.
Coast Guard
regulations to
carry more than
one hundred
forty-nine (149)
passengers and
used for
commercial
purposes
Personal service P P P P P P P P
establishments,
other than those
listed separately
Personal X C C C X C X X
watercraft
rentals
Private clubs, P P P P P P P P
lodges, social
centers,
eleemosynary
establishments
and athletic
clubs
Public buildings P P P P P P P P
and grounds
Public utilities P P P P P P P P
installations and
substations
provided storage
and maintenance
facilities shall
not be permitted;
and provided
further that
utilities
substations,
other than
19
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
individual
transformers,
shall be
surrounded by
Category IV
screening solid
except for
entrances and
exits; and
provided also,
transformer
vaults for
underground
utilities and the
like shall
require only
Category I
screening, solid
except for access
openings
Public utilities X X P P P P P P
offices
Public utility X X C C X C X X
storage or
maintenance
installations
Radio and X C C C C C C X
television
broadcasting
stations and
line-at-sight
relay devices
Recreational and X C C C C C C X
amusement
facilities of an
outdoor nature,
which may be
partially or
temporarily
enclosed on a
seasonal basis
with approval of
city council;
provided that, in
the development
20
B-1 B-1A B-2 B-3 B-3A B-4 B-4C . B-4K
Use
of such
properties,
safeguards are
provided to
preserve and
protect the
existing
character of
adjacent
properties,
except that
riding academies
and recreational
campgrounds shall
not be allowed as
a conditional use
or otherwise
Repair and sales p p p p p p p p
for radio and
television and
other household
appliances and
small business
machines
Retail X P P P P P P X
establishments,
other than those
listed
separately,
including the
incidental
manufacturing of
goods for sale
only at retail on
the premises¡
retail sales and
display rooms and
lots, provided
that yards for
storage of new or
used building
materials or
yards for any
scrap or salvage
operations or for
21
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
storage or
display of any
scrap, salvage or
secondhand
building
materials or
automobile parts
shall not be
allowed, further
provided that
adult book stores
shall be
prohibited from
locating within
five hundred
(500) feet of any
apartment or
residential
district, single-
or multiple-
family dwelling,
church, park, or
school
Satellite X X C C C X C X
wagering facility
Specialty shops C P P P P P P P
-
Storage garages X X P P X P X X
-
Tattoo parlors X X C X X X X X
-
Wholesaling and X X P C X X X X
distribution
operations,
provided that
such operations
do not involve
the use of: ( i)
more than two
thousand (2,000)
square feet of
floor area for
storage of wares
to be sold at
wholesale or to
be distributed,
or (ii) any
vehicle rated at
22
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
B-1
B-1A
B-2
B-3
B-3A
B-4
B-4C
B-4K
Use
more than one and
one-half (1 1/2)
tons, or (iii) a
total of more
than five (5)
delivery vehicles
(a1) Outdoor cafes and outdoor plazas in the B-3A Pembroke
Central Business Core District.
(;:11) Outdoor c;).fco ;).nd outdoor pl;).:;!:;).o in thc ]3 3l\.. Pcmbrokc
Ccntral Buoincoo Corc Diotrict .
( a)
Notwithstanding
provision
contrary
any
of
this
ordinance, outdoor cafes within the B-3A Pembroke
Central Business
Core District
shall not occupy
more
than
square
thousand
(1,000)
one
feet
of
area outside of an enclosed building.
(b)
Notwithstanding
provision
contrary
of
any
this
subsection,
outdoor
plazas
within
the
B-3A
Pembroke Central Business Core District shall be
subject to the following criteria:
( 1) Outdoor plazas should be located at the
entrance to major buildings and other
appropriate areas to provide safe,
attractive and accessible public urban open
spaces
for those
work and visit
who
live,
the
The
size
and
configuration
area.
of
23
139
140
141
142
143
144
145
146
147
outdoor plazas and attendant amenities shall
be
reviewed
by
Planning
Director
the
to
ensure
conformance
other
related
with
these
and
objectives
as
set
forth
in
the
Notwithstanding
cafes
within
the
Comprehensive
Plan
and
pembroke
Central
Business District Master Plan; and
(2)
The
architectural
to
thousand
(1,000)
the
purpose
design
shall
conform
and
intent
of
the
Central
Business District Master Plan.
148
(a2) Outdoor cafes and outdoor plazas in the B-4K Historic
152
153
154
155
156
157
158
159
160
161
162
( a)
(b)
149
Kempsville Area Mixed Use District.
any
contrary
provision,
outdoor
150
151
B-4K Historic
Kempsville
Area
Mixed Use District shall not occupy more than one
an enclosed building.
Notwithstanding
square feet of area outside of
any
contrary
provision,
outdoor
plazas within the B-4K Historic Kempsville Area
Mixed
Use
District
following criteria:
(1)
Outdoor
plazas
entrance
shall
be
subject
to
the
should
be
located
at
the
to
major
other
buildings
and
areas
to
provide
safe,
appropriate
attractive and accessible public urban open
24
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
which
spaces
for
and visit
those
live,
who
work
the
The
size
and
configuration
of
area.
outdoor plazas and attendant amenities shall
be
reviewed
by
the
Planning
Director
to
ensure
conformance
other
with
these
and
related
objectives
forth
in
the
as
set
Comprehensive
Plan
and
the
Historic
Kempsville Area Master Plan; and
(2 )
The
architectural
design
shall
conform
to
the
intent
and
of
the
Historic
purpose
Kempsville Area Master Plan.
(b)
and
Accessory
and
structures.
Uses
structures
uses
are
customarily
accessory
and
clearly
incidental
and
subordinate to the principal uses and structures, including, but
not limited to:
(1)
activity
operated
for
profit
in
An
accessory
a
residential dwelling unit where there is no change
in
outside
the
of
the
building
appearance
or
premises
visible
audible
evidence
any
or
or
detectable
outside
building
from
the
lot,
either
permanently
intermittently,
of
the
conduct
of
or
such
business
one
non-illuminated
for
except
identification sign not more than one square foot in
25
187
area mounted flat against
the
residence;
where no
188
traffic
is
generated,
including
traffic
by
189
commercial
delivery vehicles,
by such acti vi ty
in
190
greater volumes than would normally be expected in
191
the neighborhood, and any need for parking generated
192
by
the
conduct
of
such
activity
is
met
off
the
193
street
and
other
than
in
a
required
front
yard;
194
where
the
activity
is
conducted
on
the
premises
195
which is the bona fide residence of the principal
196
practitioner,
and no person other than members
of
197
the immediate family occupying such dwelling unit is
198
employed
in
the
activity;
where
such
activity
is
199
conducted
only
in
the
principal
structure
on
the
200
lot; where there are no sales to the general public
201
of products or merchandise from the home; and where
202
the activity is' specifically designed or conducted
203
to
permit
no
more
than
one
patron,
customer,
or
204
pupil to be present on the premises at anyone time.
205
The
following
are
specifically
prohibited
as
206
accessory activities: Convalescent or nursing homes,
207
tourist homes,
massage or tattoo parlors,
radio or
208
television
repair
shops,
auto
repair
shops,
or
209
similar establishments.
26
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
(c)
follows:
Off-site
parking
(1 )
B-3,
B-3A and B-4C Districts.
Off-site parking
facilities
shall
be
permitted
as
facilities for any use within the B-3, B-3A or B-
4C Districts,
lot,
shall
be permitted on
any
zoning
provided all
following requirements
are
met:
of
the
(1)
for
parking
structures
facilities
shall conform to the regulations of the district
in which located;
shall
(2)
off-site parking facilities
be
located
within
thousand,
five
one
are
hundred
(1,500)
feet
from
the
they
use
intended to serve, but in no case shall any such
facility
Boulevard
be
located
opposite
Virginia
Beach
and
Independence
Boulevard
unless
grade-separated
(3 )
pedestrian
is
provided;
access
off-site
uses
parking
serving
structures
within the B-3A District
shall not be separated
by
Independence
Boulevard;
and
(4 )
a
written
agreement assuring continued availability of the
number
executed,
shall be
of
indicated
shall
be
drawn
and
spaces
and a certified copy of such agreement
recorded wi th the
clerk of
the
court.
such
Such
shall
stipulate
that,
if
agreement
space
is
not maintained or
acceptable
to
space
27
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
the
planning
director
substituted,
the
use
or
such portion of the use as is deficient in number
of
parking
shall
be
discontinued.
The
spaces
agreement shall be subject to the approval of the
city attorney.
(2 )
B-4K District.
Off-site parking facilities
for
any use within the B-4K District may be permitted
on any zoning lot wi thin the district,
provided
all
of
the
following
requirements
are met:
(1 )
structures
for parking
conform
facilities
shall
to
the
which
regulations
of
district
the
in
located;
(2) off-site parking facilities shall be
located within one thousand, five hundred (1,500)
feet from the use they are intended to serve, but
in no
shall
such
facility be
located
case
any
opposite Kempsville Road,
Princess Anne Road,
or
South
Witchduck
Road
unless
grade-separated
pedestrian access is provided;
(3)
and
a wri t ten
agreement assuring continued availability of the
number
of
indicated
shall
be
drawn
and
spaces
executed,
and a certified copy of such agreement
shall
be recorded wi th the
clerk of
the court.
Such
shall
stipulate
agreement
that,
if
such
space
not maintained or
space
acceptable
1S
to
28
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
the planning director substituted, the use or
such portion of the use as is deficient in number
of parking spaces shall be discontinued. The
agreement shall be subject to the approval of the
city attorney.
COMMENT
The amendments set forth the use regulations applicable in the B-4K Historic Kempsville
Area Mixed Use District and make technical amendments to the format of a portion of the section.
Sec. 902. Dimensional requirements.
(b)
The following chart lists the requirements within the
B-3A Pembroke Central Business Core District,
Business Mixed Use District,
iffià B-4C Central
and B-4K Historic Kempsville Area
Mixed
District
for
minimum
Use
spacing for all uses and structures:
TABLE INSET:
(1 )
Minimum lot area in square
feet:
Minimum lot width in feet:*
Minimum setback from a street in
feet
Maximum setback from a street in
feet. There shall be no maximum
setback from a street for
structures where the total floor
area consists of residential
use.
(2 )
(3 )
(4 )
29
lot
width,
and
yard
area,
B-3A B-4C B-4K
-
10,000 10,000 10,000
100 100 100
-
0 0 10
10 10 20
279
280
281
282
283
284
285
286
287
288
289
290
(5) Minimum side yard setback in
feet, unless otherwise
identified herein or a greater
setback is required by section
903
(6) Minimum rear yard setback in
feet, unless a greater setback
is required by section 903
(7) Maximum density per acre of
multifamily dwellings in the B-
4C District. Density shall be
determined based on the area of
the entire zoning lot, even if
such lot is partially occupied
by other principal uses or
conditional uses. For every
10,000 square feet of commercial
space in a given development
project, an additional dwelling
unit per acre beyond that
allowed by the maximum density
may be built.
(8) Maximum density of hotels and
motels
*Where applicable, newly created corner lots must also adhere to
0
0
0
0
0
0
N/A
36
18
N/A
80
N/A
section
4.4(c)
of
the
Subdivision
Ordinance,
requiring
additional lot width on certain o~mcr corner lots.
Except
otherwise
affecting
provided
herein,
setbacks
as
only the first floor of multistory buildings may be increased by
no more than twenty (20)
feet in order to allow the creation of
covered
within
the
aftà
and
B - 3A.L..
B-4C
B-4K
passageways
Districts.
In addition,
building setbacks
adjacent
to roadway
intersections may be
increased to provide
safe and reasonable
line-of-sight clearances.
(c)
The following chart lists the requirements within the
B-3 and B-4 Business Districts for minimum lot area, width, yard
30
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
spacing and maximum density for lodging uses and structure. For
hotels and motels (lodging units):
TABLE INSET:
(1 )
(2 )
(3 )
(4 )
(5)
Minimum lot area in square feet:
Minimum lot width in feet:*
Minimum front yard setback in feet:
Minimum side yard setback in feet:
Minimum side yard setback adjacent to a
street in feet:
Minimum rear yard setback in feet:
Maximum density for lodging units per
acre:
For each dwelling unit contained in a
combination development, the number of
allowed lodging units shall be reduced by
two (2).
B-3 B-4
43,560 20,000
100 100
35 35
20 20
10 35
20 20
N/A 80
*Where applicable, newly created corner lots must also adhere to
section
(6 )
(7)
(8 )
4.4(c)
of
the
Subdivision
Ordinance,
requiring
additional lot width on certain corner lots.
. . . .
( e)
The following chart lists the requirements within the
B-4 Mixed Use District and B-4K Historic Kempsville Area Mixed
Use District for minimum lot area, width, yard spacing, maximum
lot coverage and maximum density for multiple-family dwellings.
For multiple-family dwellings:
B-4 B-4K
(1) Minimum lot area in square feet: 40,000 40,000
(2) Minimum lot width in feet: 200 200
-
(3) Minimum front yard setback in feet:* 30 10
31
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
(4 )
(5 )
(6)
(7 )
(8)
Maximum front yard setback in feet:*
Minimum side yard setback in feet:
Minimum rear yard setback in feet:
Maximum lot coverage by buildings and
parking, excluding recreational buildings 75
and surfaces in percent:
Maximum density in dwelling units per 36
acre:
8
10
20
0
0
75
18
*Where applicable, newly created corner lots must also adhere to
section
4.4(c)
of
the
Subdivision
Ordinance,
additional lot width on certain corner lots.
COMMENT
requiring
The amendments establish dimensional requirements (setbacks, minimum lot size, etc.)
applicable in the B-4K Historic Kempsville Mixed Use District .
Sec. 903. Landscape screening and buffering regulations.
For the B-1 through B-4 Commercial Districts, the following
landscape screening and buffering regulations shall apply:
District
without
(a)
When
zoning
lot
within
B-1
or
B-IA
a
a
adjoins
residential,
or
hotel
apartment
a
an
intervening
or
alley
body
street,
of
twenty-five
(25 )
in
Business
district
water
over
feet
width,
a
fifteen-foot
minimum
yard
shall be required along all lot lines adjoining the residential,
apartment
or
hotel
I
landscape
shall
district.
Category
be
required
within
the
yard
area.
No
other
structures shall be permitted in such yards.
32
screening
uses
or
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
(b)
When a zoning lot within the B-2,
B-3,
B- 3A,
B-4.!.... er
B-4C
District
adjoins
B-4K
residential
or
a
or
apartment
district without an intervening street,
alley or body of water
over twenty-five
(25)
feet in width, a fifteen-foot minimum yard
shall be required along all lot lines adjoining the residential
or apartment district.
Category IV landscape screening shall be
required within the yard area. No other uses or structures shall
be permitted in such yards.
(c)
When a zoning lot within the B-2,
B-3,
B-3A,
B-4,
er
B-4C or B-4K District adjoins an 0-1 Office District without an
intervening street, alley or body of water over twenty-five (25)
feet in width,
a ten-foot minimum yard shall be required along
all
lot
lines
adjoining
the
office
district.
Category
I
landscape screening shall be required within the yard area.
No
other uses or structures shall be permitted in such yards.
COMMENT
The amendments establish landscape screening and buffering requirements applicable in
the B-4K Historic Kempsville Mixed Use District.
Sec. 904. Height regulations.
(b)
Where a zoning lot within the B-2
Community Business
District,
Central Business District,
B-3
B-3A Pembroke Central
Business Core District,
B-4 Mixed Use District, er B-4C Central
Business
Mixed
District
or B-4K Historic
Use
Kempsville
Area
33
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
Mixed Use District adjoins the side or rear yard of a zoning lot
in a residential or apartment district without an intervening
street or alley over twenty-five (25) feet in width or a body of
water
over
fifty
maximum
(5 0)
feet
in
width,
the
following
height regulations shall apply on that portion of the commercial
zoning
lot
within
hundred
(100)
feet
of
the
adjoining
one
residential or apartment district. In cases where more than one
(1) of the following apply, the most restrictive shall apply.
(1)
adjacent
When
residential
district,
the
to
maximum
height shall be thirty-five (35) feet.
(2 )
When adjacent to A-12 or A-18 Apartment Districts, the
maximum height shall be thirty-five (35) feet.
(3)
When adj acent to A-24 Apartment District,
the maximum
height shall be forty-five (45) feet.
(4)
When adjacent to A-36 Apartment District,
the maximum
height shall be one hundred twenty (120) feet.
. . . .
(d)
specified
in
items
Except
(a) , (b)
and
(c)
as
hereinabove, there shall be no maximum height regulations in the
B-2,
Business
thirty-five
B-3
and B-4
Wi thin the B - 3A Pembroke Central
Districts.
Core District,
the minimum building height
shall
be
(35)
feet and the maximum building height shall be
four hundred (400)
feet. In the B-4C Central Business Mixed Use
District, minimum building height shall be thirty-five (35) feet
34
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
and the maximum building height shall be two hundred (200) feet.
In the B-4K Historic Kempsville Area Mixed Use District,
the
minimum building height shall be twenty-five
(25 )
feet and the
maximum building height shall be fifty (50) feet.
. . . .
COMMENT
The amendments establish height regulations for buildings and structures in the B-4K
Historic Kempsville Mixed Use District.
Sec. 905. Sign regulations.
. . .
(f)
Within
the
B-4K Historic
Kempsville
Area
Mixed Use
District, signs shall be permitted as follows:
( 1)
each
foot
For
of
frontage
occupancy
an
establishment shall have no more than sixty one-
hundredths
(.60)
feet
of
sign
area.
No
square
single
establishment
shall
have
than
four
more
(4)
signs,
than
(2)
signs
two
nor
more
per
building
facade,
and
individual
sign
shall
no
exceed sixty (60) square feet in surface area.
Any establishment having less than forty (40)
feet of occupancy frontage may have one (1) sign
not exceeding twenty- four
(24 )
square feet.
No
such sign shall be allowed above the second story
of any building.
35
403
(2 )
sign
identifying
the
entrance
to
upper-floor
404
405
406
407
408
409
A
units
shall
be
permitted;
sign
shall
exceed eight
area,
and that
provided,
such
(2 )
building
identification
residential
dwelling
number of signs shall be limited to one
the
sign
(1 )
at street level at each principal entrance.
(3)
Commercial buildings shall have no more than two
signs,
and no
411
412
413
414
415
416
417
418
419
420
421
(4 )
of
422
423
424
425
426
that no
( 8)
feet
of
surface
410
square
sign
shall have a surf ace area exceeding one hundred
fifty (150) square feet. Such signs shall be
mounted on or above the third story of the
building, but not above the roofline of such
building,
one
only
and
facade
shall be allowed.
building
identification
(1 )
sign
per
building
Additionally,
signs,
two
(2)
not
exceeding
twenty (20) square feet each, shall be allowed at
street level if the building has a street level
entrance.
Major
Sign
Option.
Tenant
building
footage,
a
For
each
foot
major
tenant
may
maximum of one and two-tenths
(1.2)
square feet
have
a
of
provided
scale
sign
area,
features
and
amenities
cafe
seating,
planters,
36
that
pedestrian
such
as
outdoor
kiosk
areas,
fountains,
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
(7 )
448
449
450
display windows or sculptures are provided on the
facade
adjacent
thereto.
major
or
No
tenant
shall have a total of more than four
(4 )
signs,
nor more than two (2) signs per building facade.
(5 )
All
freestanding signs
shall be approved by the
City
Council,
consistent
with
the
general
as
purpose
and
provisions
intent
of
the
design
presented in the Historic Kempsville Area Master
Plan and any applicable design standards approved
by the City Council.
(6)
Signs on building awnings
shall not be
included
in
determining
the
number
building
of
signs
perIni tted,
in
determining
permissible
sign
or
area, if they meet the following criteria:
a.
Such signs are uniform in font,
size
color,
and style;
b.
anI y the name
of
the
establishment
appears
on the awning;
c.
There is only one (1) sign per awning; and
d.
Such are no larger than two (2) square feet.
Public or private parking structures and parking
garages
have
per
vehicle
(1)
sign
may
one
entrance and two (2)
additional signs. Such signs
shall have no more than seventy-five
(75 )
square
37
451
452
453
454
feet
of
surface
and
shall
identify
the
area
building on which they are located as a parking
structure or parking garage.
(8 )
As used in this section:
means
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
( 9)
474
a.
b.
c.
"Occupancy
frontage"
the
exterior
length
of
that
portion
a
building
of
occupied
exclusively
by
a
single
establishment
having
least
one
(1)
at
exterior public access;
"Building identification sign" means a sign
which displays only the name of the building
on which it is located;
"Major tenant" means the space in a building
occupied by
single
establishment
with
a
a
building wall height of at least thirty-five
(35 )
feet
and
with
least
one
(1 )
at
continuous
wall
containing
least
eighty
at
(80) feet of building frontage; and
d. "Building frontage" means the exterior
length of that portion of a building
occupied exclusively by a single
establishment.
For all other uses and structures,
the following
sign regulations shall apply:
38
475
476
477
478
479
480
481
482
b.
483
484
485
486
487
488
489
490
c.
491
492
493
494
495
496
497
498
a.
No
sign
or
located
in
window
on
or
any
located behind any window in such a manner
as
to
the
persons
attention
attract
of
outside
the
establishment,
shall
have
a
surface
than
greater
twenty
(20)
area
percent of the surface area of such window,
not to exceed sixteen (16) square feet.
Signs containing or consisting of graphic or
pictorial representations shall be
permitted; provided, however, that the
combined surface area occupied by such
graphic
pictorial
representations
shall
or
not be more than twenty
(20 )
percent of the
total sign allotment of an establishment or
four (4) square feet, whichever is less.
For each forty (40)
feet of frontage and for
each eighty (80)
feet of lot line adjoining
a street, but not constituting frontage, not
more than one
(1 )
sign and not more than a
total of sixteen (16)
square feet of surface
area
of
permitted;
signage
shall
be
provided,
however,
that
no
establishment
shall have more than two
(2)
signs of which
one
(1)
a
be
freestanding
sign;
and
may
39
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500
501
502
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506
507
508
509
510
511
512
513
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515
516
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518
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520
521
522
provided
further
that
no
establishment
having a frontage of
less than one hundred
(100)
feet
shall
have
a
freestanding sign.
No
freestanding
two
(2 )
sign
shall
exceed
faces, neither of which shall exceed thirty-
two (32) square feet of surface area, and no
sign of any other type shall exceed seventy-
five
(75)
square feet of surface area.
Any
establishment
having
less
frontage
or
lot
line
adjoining
is
than
required
a
street
hereinabove
have
(1 )
sign
not
may
one
exceeding
sixteen
(16)
feet
of
square
surface area.
d.
Sign
regulations
pertaining
to
multiple-family
dwellings shall be the same as those applying in the Apartment
Districts.
e.
Where there is an established neighborhood commercial
center containing at least five
(5)
establishments and at least
forty thousand (40,000) square feet of land area, there shall be
not
than
one
(1 )
identification
sign
center
for
each
more
principal entrance.
No such sign shall have more than two
(2)
faces, neither of which shall exceed thirty-two (32)
square feet
of surface area. Such identification sign shall contain only the
name of the center.
Alternatively,
such signs may display the
40
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
names of tenants as well as the name of the center if
(i)
the
portion of a sign on which tenant names are displayed does not
exceed
sixty
(60)
of
the
percent
total
(i i)
the
sJ.gn
area;
portion of a sign on which tenant names are displayed is of a
uniform color; (iii) the top of the face of such sign does not
exceed eight (8) feet in height and the top of any decorative
cap on such sign does not exceed ten
(10)
feet in height;
(iv)
such sign does not exceed twelve (12) feet in width; and (v) the
face of such sign is surrounded by a minimum of six (6)
inches
of
framework
constructed of
a material
matching
in color and
texture the primary exterior building material of the principal
structure in the center.
f.
Signs
advertising
for
sale,
lease
property
or
rent
shall be permitted; provided,
however,
that no such sign shall
exceed sixteen
(16)
square feet in surface area. Not more than
two
(2)
such signs shall be permitted for any property having
more
than
street
hundred
(100)
feet
lot
line
of
the
at
one
right-of-way,
and
having
less
than
property
one
hundred
any
(100) feet of such lot line shall have no more than one (1) sign
not exceeding sixteen (16) square feet of surface area.
g.
Beacon lights
or search lights may be permitted for
purposes of advertisement of special events for a period not in
excess of forty-eight (48) hours.
41
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
h.
facilitate
To
in
new
neighborhood
occupancy
a
commercial
center containing at
least
forty thousand
(40,000)
square feet of land area, there shall be not more than one
( 1)
temporary sign,
which shall not exceed thirty-two
(32 )
square
feet of surface area.
Such sign shall be removed when seventy
(70) percent of the property is occupied or leased, or after a
period of twenty-four (24) months, whichever event first occurs.
COMMENT
The amendments establish sign regulations for uses within the B-4K Historic Kempsville
Mixed Use District.
Sec. 906. Off-street parking regulations.
Parking
shall
be
required
for
all
and
structures
uses
permitted in the B-1 through B-4B Ccntr~l Duoincoo ÞHJccd Uoc B-
4K Historic Kempsville Area Districts in accordance with section
203.
single-family
no
(townhouse)
For
attached
developments,
parking area on any lot shall exceed farther than twenty
(20)
feet from the right-of-way line and no area within a garage, or
an enclosed or covered space shall be counted toward meeting
off-street parking requirements.
COMMENT
The amendments establish off-street parking regulations for uses within the B-4K Historic
Kempsville Mixed Use District.
Adopted by the City Council of the City of Virginia Beach
on the
day of
, 2005.
42
574
575
576
577
578
579
580
581
582
583
584
585
CA-9839
OID\ordres\B-4Kordin.doc
R-1
December 2, 2005
APPROVED AS TO CONTENT:
~ rz,-'. oS"
1 . r1é~
P ann~ng epartment
APPROVED AS TO LEGAL SUFFICIENCY:
43
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
1
2
3
4
5
AN ORDINANCE TO AMEND THE OFFICIAL
ZONING MAP BY THE DESIGATION AND
INCORPORATION OF THE HISTORIC
KEMPSVILLE AREA OVERLAY DISTRICT
6
WHEREAS, the public necessity, convenience, general welfare
7
and good zoning practice so require;
8
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
9
OF VIRGINIA BEACHr VIRGINIA:
10
That the official zoning map of the City of Virginia Beach be,
11
and hereby is, amended to designate and incorporate the Historic
12
Kempsville Area Overlay District, as shown on a series of sheets
13
marked and identified as such, and which have been displayed before
14
the City Council this date and are on file in the Department of
15
Planning.
16
COMMENT
17
18
19
The ordinance amends the zoning map to incorporate and designate the Historic Kempsville
Area Overlay District.
Adopted by the Council of the City of Virginia Beach on this
day of
, 2005.
CA-9840
OID\ordres\HKA Map ordin.doc
R-1
December 2, 2005
Approved as to Content:
~ l1-~'Q~
Planning ~artment
17
18
19
20
21
22
23
1
2
3
4
5
AN ORDINANCE TO AMEND THE
COMPREHENSIVE PLAN BY THE
INCORPORATION OF THE HISTORIC
KEMPSVILLE AREA MASTER PLAN
6
WHEREAS, on December 14, 2005, the Planning Commission held
7
a public hearing concerning the amendment of the Comprehensive
8
Plan
(the
"Plan")
by
the
incorporation
of
the
Historic
9
Kempsville
Area
Master
Plan,
and
the
at
conclusion
of
such
10
public
hearing,
recommended
that
the
Plan
be
amended by
the
11
incorporation of the said Historic Kempsville Area Master Plan
12
as an appendix to the Plan;
13
NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
14
CITY OF VIRGINIA BEACH, VIRGINIA:
15
That the Comprehensive Plan be, and hereby is, amended and
16
reordained by the incorporation of the Historic Kempsville Area
Master Planr dated
appendix
to
the
as
an
,
Comprehensive Plan.
A true copy of the said Historic Kempsville
Area Master
Plan was
exhibi ted to the
Planning Commission
on
December 14, 2005, and on this day to the City Council.
Adopted
by
the
Council
of
the
City
of
Virginia
Beach,
Virginia, on the
day of
, 2005.
CA-~ O¡"'ll
OID\ordres\HKA Master Plan ordin.doc
R-l
December 2, 2005
Item #34 - 38
City of Virginia Beach
An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A)
by adding a new Article 20 thereto, consisting of Sections 2000 through 2004,
establishing the Historic Kempsville Area Overlay District; legislative intent;
district boundaries; application of regulations; use regulations; dimensional and
other requirements; density; landscape screening and buffering requirements
. .
An Ordinance to amend and reordain the City Zoning Ordinance (Appendix A) by
amending Article 1, Section 102, pertaining to the establishment of districts and
official zoning maps for the Historic Kempsville Area Mixed Use District
An Ordinance to Amend and Reordain the City Zoning Ordinance (Appendix A) by
amending Article 9, Sections 900 through 906, pertaining to the legislative intent;
use regulations; dimensional requirements; landscape screening and buffering
regulations; height restrictions; sign regulations; and off-street parking regulations
for the B-4K Historic Kempsville Area Mixed Use District
An Ordinance to amend the Official Zoning Map by the designation and incorporation
of the Historic Kempsville Area Overlay District
An ordinance to adopt the Historic Kempsville Area Master Plan as an amendment to
the Comprehensive Plan
December 14, 2005
REGULAR
Joseph Strange: The next items are Items #34 - 38. An Ordinance to Amend and
Reordain the City Zoning Ordinance (Appendix A) by adding a new Article 20 thereto,
consisting of Sections 2000 through 2004, establishing the Historic Kempsville Area
Overlay District; legislative intent; district boundaries; application of regulations; use
regulations; dimensional and other requirements; density; landscape screening and
buffering requirements; Item #35, which is an Ordinance to amend and reordain the City
Zoning Ordinance (Appendix A) by amending Article 1, Section 102, pertaining to the
establishment of districts and official zoning maps for the Historic Kempsville Area
Mixed Use District; Item #36, which is an Ordinance to Amend and Reordain the City
Zoning Ordinance (Appendix A) by amending Article 9, Sections 900 through 906,
pertaining to the legislative intent; use regulations; dimensional requirements; landscape
screening and buffering regulations; height restrictions; sign regulations; and off-street
parking regulations for the B-4K Historic Kempsville Area Mixed Use District; Item #37,
an Ordinance to amend the Official Zoning Map by the designation and incorporation of
the Historic Kempsville Area Overlay District; and Item #38, an ordinance to adopt the
Historic Kempsville Area Master Plan as an amendment to the Comprehensive Plan.
Item #34 - 38
City of Virginia Beach
Page 2
William Din: Thank you Joe. Ms. Wood has stepped out a second. We're going to hear
all the comments on all of these items at one time, Items #34 - 38.
Joseph Strange: We have no ~me signed up to speak.
William Din: We have no one signed up. Okay. I believe we're going to have a
presentation on this?
Eugene Crabtree: We heard it how many times?
William Din: We've had this presentation presented to us several times in different
formats.
Robert Miller: It's gotten better each time.
Eugene Crabtree: Lets do it.
Ronald Ripley: It would be a good idea for Clay maybe to address it and overview.
William Din: Clay, we don't want to over look this. I think it is very important
amendments to these ordinances. Please come up and address us.
Clay Bernick: Yes sir. Mr. Din and other members of the Planning Commission, I'll try
to make this brief as I can. What I have to show you will kind of zip through it pretty
quickly is the PowerPoint presentation that we provided the City Council when we
briefed them on November 22, 2005. Kempsville contrary to what many people think
when you go through the area now does have quite a history and was a significant
location in the early years and settlement at that time Princess Anne County. The plan
itself, were a lot of questions initially. Why do we need a plan for this area? I quickly
touch on the setting for the plan and the process that we went through developing the
plan, the vision and the goals and then some of the specifics about the plan. As all of you
are aware, the City is going to be expending considerable funds to improve the
intersection at Princess Anne and Kempsville and Witchduck, about $50 million dollars
to improve that intersection over the next several years. And it created a tremendous
opportunity to link that road improvement to a private and public partnership for
redevelopment in that area. Along with that there is an opportunity to create a special
sense of place, a place that has some character and uniqueness in doing that. Of course,
where Kempsville is located at the intersection. This aerial photograph shows with the
outline the boundary of the areas that are defined in the ordinances that would encompass
the overlay district and the new ordinance amendments, and the design guidelines. Here
are some aerials showing what the area looks like at present. A lot of vacant property, a
lot of under utilized property and a little more close up of the street-scape that you
currently see in that area. The process that we have been embarking on for this plan is
about three years long now. We started in late August 2002, a little over three years.
Item #34 - 38
City of Virginia Beach
Page 3
We've had at a minimum of 35 community meetings. A citizen information meeting that
we've held back in late October, early November in Kempsville and attended by about
100 residents. It's been in close coordination with roaçlway improvement project and
managed by our Pul;'¡ic Works Department. That is one the first initiative ci~y project that
VDOT has actually turned over the design, and planning and construction of this road to
the locality. We are also getting consultant assistance and tremendous design services
from WPL Consultants on this project. We had eight quadrant meetings, each quadrant
of the new intersection. We went into more detail with the property owners about the
vision and opportunities for the plan and individual meetings with property owners as
well. So it's been a very thorough process but I think that helped achieve a lot of buy in
early on. The vision that has developed from those community meetings is to recreate a
village setting building on the historical character of the area. And at the same time
accommodate development that will be compatible with the roadway for spending $50
million dollars on the road the last thing we want to do is clog that up with new
development and lose the transportation improvements. But we think we can achieve a
balance and have new development and still maintain that road. Also improving access
through the area to the properties and making it a pedestrian friendly green. This is
concept plan of what Historic Kempsville District could look like in the period of years.
We don't have an exact timetable but roughly estimated that within a 10 to 20 year time
period that the area could redevelop along these lines. And from an architectural
standpoint and streetscape with street furniture and lighting, and signage, and so forth, the
design guidelines and the ordinance amendments would enable us to create a setting more
akin to these photographs. Some of these photos are from Merchant Square area in
Williamsburg. The Newtown Project in James City County near their courthouse, the
River Walk Landing at Yorktown and also Port Warrick in Newport News. Some of our
goals in the plan are to promote land uses that would accomplish some multiple
objectives making it more of a community center. A mix of land uses, the establishment
of the Zoning Overlay District and encouraging future consolidation of the small parcel
so that we have larger blocks for redevelopment. There are modifications proposed to the
eternal street pattern to encourage and improve the circulation away from the intersection
and main roads, and then also fostering some revitalization of the adjoining commercial
and residential area outside the district. From a land use concept standpoint, we see a
predominance of mixed use going into the area, small professional offices, shops, and
boutiques, that sort of thing. First floor structures built close to the road with the new
setbacks proposed in the ordinances. And then more residential uses above that second
third floor structures. The village core for the area in terms on how the village starts to
take its shape would be primarily in the northwest quadrant of the intersection where the
more historic center of Old Kempsville was back from Colonial times till really the early
part of the 20th Century. And other areas would have more of a service and a civic focus
with gateways at each of the intersections leading into the area so you know you're
coming in to a place a little bit different. The next several drawings just show a little
more detail quadrant by quadrant what we envision the northeast quadrant is where the
current fire station is located and that is envisioned as having more of a medical
professional focus in that area. The southeast quadrant is more of an open space
Item #34 - 38
City of Virginia Beach
Page 4
recreational component. The balance of the Old Kempsville High ball field will become a
village green or a formal community park. The southeast would be more of a
professional office mix. And there is some potential for adaptive reuse of the Old
Kempsvill~ High building. And then on the northwest we have a lqt of institutional uses
such as Kempsville Baptist Church and Emmanuel Episcopal, which have been there
combined probably 300 years or so. Some of the issues that we are working through not
. only through the development of the plan and the ordinances but the City has
implemented and created a task force to start to try to identify impediments to the plan
implementation. We have some environmental constraints and some contamination
issues on properties in the area that need to be cleaned up from past uses. We have some
scheduling and a little choreographing a schedule for relocation of ball fields. It is very
similar to what we had to do at Princess Anne for the Sentara project. How we can put
together our best plan for disposal and use of that City property to optimize its potential
for redevelopment with the plan. And making sure of course it is coordinated with
transportation improvements and last but not least on the slide up there, working with the
individual property owners so that everyone can really benefit from the project. This is
just quickly showing in green what some of the properties are that the City either owns or
will have to acquire. So a significant part of the property is going to be required for the
road. I think we can skip over this one. Opportunities for the plan is enhancing the
property value, improving transportation of course better integrating the area with the
adjoining neighborhoods. Some quality design and development at a more community
scale that could be, I guess envision as complimentary to what we tried to do at Town
Center and Pembroke but at a much more neighborhood scale, and promoting historic
setting. This busy drawing shows the pedestrian circulation system that will be developed
as the plan is implemented tying into the City's major bikeways and trails. There will
also be a mass transit integration with this with transit stops with shelters with HRT. I
think we can skip this one. We can skip this one, this one, and this one. As I mentioned,
this plan ties into very closely with the Comprehensive Plan, the Transportation Project.
As part of the implementation team were working with Economic Development on
marketing and developing of a focus for the area. That will be the next phase once the
plan is adopted. It links in with the outdoor plan and bikeways and trails plan. And that's
it. Do you have any questions?
Dorothy Wood: Thank you. I appreciate it.
Clay Bernick: Thank you.
Dorothy Wood: Do I hear a motion and then discussion.
Robert Miller: I just want to make sure we talk this morning about 35 mph speed limit
that would be put into the final report as you go on to City Council January 10th.
Clay Bernick: Yes. If Planning Commission would like to see that recommendation we
can tie that into the plan. Of course, I think as Council looks at that they're going to have
Item #34 - 38
City of Virginia Beach
Page 5
to balance that against traffic timing and sequencing but I think it makes a lot of sense as
we discussed earlier from a pedestrianization standpoint.
. Dorothy Wood: Thank you.
Robert Miller: I'll make a motion to approve the plan but I would like to have it
supplemented with the 35 mph speed limit,
William Din: I'll second that with comment.
Dorothy Wood: Okay. Would you like to make a comment?
William Din: Yeah. These amendments or these ordinances establish the Historic
Kempsville District Overlay. It establishes a village type atmosphere and it tries to
recover this part of the City. It's a very important part of the City. The team that put this
together including Clay Bernick and Bill Macali, as previously stated and many other
people and citizens deserve a lot of credit for doing this. Probably as much work went
into this and as much planning and time as for the RT-1 and RT-2 and RT-3 amendments
that we just spent a lot of time and probably at a difference circumstances this probably
would have been a major and still is considered a major amendment to our plans. And we
just don't want to down play this because of these types of circumstances that we're at
this period in time. But this is a very important amendment. These amendments are very
important and probably took as much time and like I said, is a very important part of the
City. I'm proud that they have been working on this thing to get it where it is now a work
in progress that will have a plan and we will proceed on forward.
Dorothy Wood: Thank you.
Joseph Strange: I would just like to say that I think Will is being a little modest but he is
not giving himself credit for a lot of the things that are going on in Kempsville. I think it
is only fitting and proper that his last vote will be to accept this Historic Kempsville
District.
William Din: Clay deserves all the credit.
Dorothy Wood: No. You do also.
AYE 10 NAY 0 ABSO ABSENT 1
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
KA TSIAS ABSENT
Item #34 - 38
City of Virginia Beach
Page 6
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved the ordinances for the Historic
Kempsville Overlay District for Items #34 - 38.
Dorothy Wood: Thank you and Happy Holidays to everyone. Meeting adjourned.
~
HISTORIC KEMPSVILLE
AREA MASTER PLAN
I RIFT
leeelniler 14, 2005
Prepared by the City of Virginia Beach Department of Planning
and WPL Landscape Architects Land Surveyors Civil Engineers
Adopted by the City Council of the City of Virginia Beach, Virginia on January _,2006
as an Amendment to the Comprehensive Plan
TABLE OF CONTENTS
1
INTRODUCTION
1
WHY A mSTO RI C KEMPSVILLE AREA MASTER PLAN?
3
THE PLANNING PROCESS
4
DESCRIPTION OF AREA AND BOUNDARIES
4
4
4
5
5
5
6
6
6
6
7
7
7
7
8
8
8
8
9
9
NATURAL FEATURES
Waterways
Wetlands
Resource Protection Area
Floodplains
Tree Canopy
MANMAD E LAND MARKS
Gateways
Bonney Road Intersection
Kempshire Lane Intersection
Fox Run Canal
Eastern Branch Elizabeth River
ARCHITECTURAL LANDMARKS AND STYLES
Carraway House
Emmanuel Episcopal Church
Kemps Landing School
Kempsville Baptist Church
Pleasant Hall
PRIMARY AND SECONDARY ROADWAYS
LANDMARKS AND VISTAS
11
PLAN VISION AND GOALS
11
11
11
12
12
13
VISION
GOALS
Promote Land Uses that Accomplish Multiple Objectives
Recommend a Mix of Land Uses
Establish a Zoning Overlay District
Encourage Future Consolidation or Parcels to Fonn Building Blocks for New
Development
Historic Kempsville Master Plan
D RAFT
December 14, 2005
i
13
14
Promote Modifications to Side Street Pattern
Help to Promote Revitalization of Commercial Areas on Princess Anne Road West of
Area
Complement South Witchduck Road Project North fonn the Area to Virginia Beach
Boulevard
Complement Bonney and Grayson Road Area to Northeast of the Area
Complement Residential Areas to South and East of the Area
14
14
14
15
OPPORTUNITIES, CONFLICTS AND ISSUES BY QUADRANT
15
15
15
16
16
16
17
17
17
17
18
18
19
19
19
20
NORTHEAST QUADRANT
Opportunities
Conflicts
Issues
SOUTHEAST QUADRANT
Opportunities
Conflicts
Issues
SOUTHWEST QUADRANT
Opportunities
Conflicts
Issues
NORTHWEST QUADRANT
Opportunities
Conflicts
Issues
21
CURRENT ZONING AND LAND USE BY QUADRANT
21
21
22
22
Northeast Quadrant
Southeast Quadrant
Southwest Quadrant
Northwest Quadrant
23
THE PLAN
23 lAND USE CONCEPT
23 VILLAGE FORM
23 CONCEPTUAL VILLAGE PLAN BY QUADRANT
24 Northeast Quadrant
Historic KempsYille Master Plan
D RAFT
December 14, 200:>
ii
24
24
24
24
25
25
27
27
27
27
27
27
27
28
29
31
33
43
51
111
113
114
115
116
117
118
119
120
Southeast Quadrant
Southwest Quadrant
Northwest Quadrant
PEDESTRIAN CIRCUlATION
INFRASTRUCTURE ELEMENTS AND STREET FURNITURE
ARCHITECTURAL FABRIC
RECOMMENDATIONS / FUTURE ACTIONS
RECOMMENDATIONS
Adoption of Architectural Design Guidelines
Adoption of Recommended Vegetation Lists
Adoption of City Zoning Ordinance Amendments and Other Ordinances
FUTURE ACTION ITEMS
Completion and Adoption of Vegetation and Street Architecture Design Guidelines,
Architectural Design Photographic Pattern Book, and Aerial Dlustration of the Historic
Kempsville Area
Completion and Adoption of Economic Development Incentive Program, and Refined Public
Investment Protection Strategy
Adoption of Schedule and Funding Stream for Other Public Improvements in the Historic
Kempsville Area
APPENDICES
1
ARCIDTECTURAL DESIGN GUIDELINES
2
RECOMMENDED VEGETATION LISTS
3
CITY ZONING ORDINANCE AMENDMENTS AND OTHER
ORDINANCES
4 MAPS
Aerial Photo
Overlay District Boundary
Natural Features
Northeast Quadrant Natural Features
Southeast Quadrant Natural Features
Southwest Quadrant Natural Features
Northwest Quadrant Natural Features
Gateways
Historic Kempsville Master Plan
D RAFT
Deœmber 14, 200ð
iii
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
145
145
148
Historic Structures and Sites
Planning Quadrants
Existing Utilities
Current Zoning
Northeast Quadrant Current Zoning
Southeast Quadrant Current Zoning
Southwest Quadrant Current Zoning
Northwest Quadrant Current Zoning
Current Land Use
Northeast Quadrant Current Land Use
Southeast Quadrant Current Land Use
Southwest Quadrant Current Land Use
Northwest Quadrant Current Land Use
Land Use Concept
Village Form
Conceptual Village Plan
Northeast Quadrant Conceptual Village Plan
Southeast Quadrant Conceptual Village Plan
Southwest Quadrant Conceptual Village Plan
Northwest Quadrant Conceptual Village Plan
Pedestrian Circulation
Architectural Fabric
Property Acquisitions
5 ACKNOWLEDGMENTS AND REFERENCES
Acknowledgments
References
Historic Kempsville Master Plan
D RAFr
December 14, 2006
iv
INTRODUCTION
The Historic Kempsville Area Master Plan is intended to address and coordinate a number of related
issues and opportunities in the area generally surrounding the Princess Anne Road - Kempsville
Road - South Witch duck Road intersection. A significant investment in public funds is planned in
the coming years associated with transportation improvements for this area.
It is critically imperative that the City, in cooperation with affected property owners, use this
opportunity to leverage these public investments into helping create a sense of place and character
for this area of the City that is distinctive, supportive and complementary to other similar efforts
underway in other areas of the City. This opportunity can be channeled into ways that helps to
provide open space, enhance and promote neighborhood preservation efforts, retrofit stonnwater
quality management, and help preserve valuable historic resources in the immediate and surrounding
area.
Issues to be addressed in the Historic Kempsville Area Master Plan include:
Land Use
Environmental Constraints and Opportunities
Open Space
Historic Resources
Disposal and Use of Excess City Property and Right-of Way
Creating a Sense of Place and Name Identification for the Area
Coordination with Proposed Transportation Improvements
Coordination with other City Public Facilities
Coordination with Commercial and Institutional Interests
Coordination with Residential Interests
Design Guidelines
Code Revisions
The specific recommendations in this Plan are intended to serve as a stand alone document to assist
the City, property owners and prospective developers in implementing the Plan's vision. In addition,
this Plan through its adoption serves as a supplement to the City's Comprehensive Plan, providing
the detail to refine the Comprehensive Plan's general recommendations for the area.
WHY A mSTORIC KEMPSVILLE AREA MASTER PLAN ?
The area surrounding the Princess Anne Road - Kempsville Road - South Witchduck Road
intersection was the heart of the large portion of the City now called Kempsville since the colonial
era. Many of the early happenings in the City were located in this area. Located at the head of
navigation on the Eastern Branch of the Elizabeth River, the area served first as a port to move cargo
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to and from the western and central portions of then Princess Anne County, as overland travel was
poorly developed and unreliable at best. Rivers fonned the backbone of the local transportation
system, and the pattern of development was primarily agrarian in nature, consisting of widely
dispersed fanns. Few villages or urban areas existed in the County, as local fanns could transport
their cash crops to market aboard ships that would dock at the planter's own wharves. The area now
known as Kempsville was one of the few exceptions to this rule. In 1652 George Kempe acquired a
parcel of land at the headwaters of the Eastern Branch, and by 1700, the area had become the small
village of Kempe's Landing, with tobacco warehouses lining the banks of the riverfront. A similar
village grew called New Town grew in the vicinity of present day Newtown Road on the Eastern
Branch, but attempts to fonn a thriving village on the Lynnhaven near the area's first church and
courthouse failed.
As tobacco slowly diminished in importance as a local cash crop due to the depletion of the soil, the
port of Newt own, and later, Kempe's Landing, gave way to Norfolk as the chief port in the region.
Kempe's Landing continued to slowly grow as a population center in the County. In the summer of
1775, the royal governor of the Virginia colony, Lord Dunmore, was finding himself being forced
into having to use force to maintain order against some colonists, who had learned of the fighting in
Lexington and concord. Patrick Henry was raising a militia, and Dunmore ordered the seizure of the
Norfolk Gazette press, halting publication, and called for royal troop reinforcements. The British
14th Regiment searched the region around Norfolk for weapons that the patriots might use against the
royal governor and his troops, and on October 12 came to Kempe's Landing searching for
gunpowder that had just been relocated by patriots. On November 15, the royal troops returned to
Kempe's Landing under Lord Dunmore's command, upon hearing that several hundred militia were
assembled there. Mter a brief effort to hold, the local militiamen fled, after John Ackiss was killed
(the first Virginian patriot to die in the Revolution), and two others were captured. Lord Dunmore
remained at Kempe's Landing, hosted by loyalist merchant John Logan. Dunmore issued an order
requiring all residents to take an oath of loyalty to the Crown, and issued an emancipation
Proclamation establishing martial law and offering freedom to all blacks who joined the British
troops, in effect declaring that a state of rebellion existed in the Virginia colony. The British suffered
their first defeat in Virginia at Great Bridge in December, and Lord Dunmore soon left the colony in
early 1776, after burning Norfolk to the ground.
By this time, New Town, which had become the third courthouse for the County, had declined in
importance and no longer offered lodging or entertainment facilities for persons on county business,
and was vulnerable to British attack. County residents petitioned and received approval fonn the
Virginia General Assembly to move the county seat to the more secure and prosperous Kempe's
Landing in 1778. Court sessions were held in George Logan's store until the court authorized
construction of a courthouse and jail in 1782. In 1783, Kempe's Landing was granted town status by
the General Assembly, its name was changed to Kempsville, and lots were laid out for a larger town.
Governor Thomas Jefferson and the General Assembly authorized the construction of a canal to link
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Kempsville to both the Lynnhaven and the North Landing Rivers, but neither project was ever
completed. Kempsville remained the County seat until 1824, when the courthouse was moved to its
present location at Princess Anne.
Kempsville remained the center of a thriving local fanning community until the Civil War, when the
area was largely under federal rule. During reconstruction, the area suffered widespread economic
depression, which stymied economic recovery and expansion for decades. Following Wodd Wars I
and II, the region began its massive growth as a new suburb to Norfolk. Numerous structures built in
Kempsville from the colonial era through the mid 1800's still existed in Kempsville through the
1960's. It was recorded that the area had more concentration of historic structures as an intact
village than any area in Hampton Roads with the exception of Williamsburg. Unfortunately, rapid
suburbanization, followed by road construction, obliterated much of this setting.
With the plans for new transportation improvements for the area imminent, the concept to link
roadway construction to a plan to recreate a sense of place for this important location in the history
of the City gained momentum. Accordingly, this master plan for Historic Kempsville was conceived
to reestablish a unique sense of place for this area, with the intention of building a bridge between
the remains of its past and the prospect for its future as part of the Commonwealth's largest City.
THE PLANNING PROCESS
The process employed for the development of the Historic Kempsville Plan has relied heavily upon
input fonn the local community. For three years, area business, civic, institutional and development
interests have been meeting to define a vision, to establish specific goals and recommendations, and
to frame a physical picture for guiding the future growth and redevelopment of the area. This group
became known as the Kempsville Center Strategy Group, and has met montWy with few exceptions
throughout the three year planning period. The group also included representatives from the Citizens
Advisory Committee fonned by the City and consultants working on refinement of the transportation
plans for the area. Throughout the planning process, there has been an intense effort to ensure that
ongoing coordination between the land use planning and transportation planning efforts has taken
place, so that both efforts might mutually reinforce and benefit the other. During the plan refmement
and phase of the process, numerous meetings involving special workshops and one-on-one sessions
for property owners in each quadrant of the area, along with a general Citizens Infonnation Meeting,
were held to facilitate feedback and solicit input for the development of the Plan. In the adoption
phase of the process, both the Planning Commission and the City Council provided opportunities for
fonnal public review and comment on the draft Plan. Once adopted, the implementation phase of the
Plan will include opportunities for continued public involvement during the special approvals
required for rezoning and conditional use pennit approvals for projects in the area. Parallel to this
opportunity for ongoing citizen input, the City has fonned a Kempsville Plan Implementation team
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to help ensure that the various sections of the City organization involved in Plan implementation
continue to work together to accomplish the Plan's vision.
DESCRIPTION OF AREA AND BOUNDARIES
The Historic Kempsville area has been defined for the purposes of this study as the area surrounding
the intersection of Kempsville, Princess Anne, and South Witchduck Roads, exclusive of the
residential subdivisions that surround this intersection. An aerial photo and a map that define the
geographic limits for this area are found in Appendix 5, pages 113 and 114, respectively.
NATURAL FEATURES
Although at first glance not readily apparent, the Historic Kempsville area retains many unique
natural features that have withstood intensive development pressures, from the Colonial era to
the present day. These features include natural and manmade waterways, wetlands, floodplains,
and considerable tree canopy interspersed among existing developed properties. Maps showing
the locations of natural features in the Historic Kempsville area are found in Appendix 4, page
115 through page 119.
Waterways
The Historic Kempsville area is bounded to the west by the headwaters of the Eastern Branch of the
Elizabeth River. This waterway, while still tidal, is only a shadow of its former self, when it
provided access for commercial boat traffic from the Colonial port and seat of government in
Princess Anne County. The natural headwaters of the Eastern Branch join the manmade waterway
known as Fox Run Canal fonns the southern boundary of the area. This manmade waterway empties
into the Eastern Branch of the Elizabeth near the western boundary of the area. This drainageway
was originally intended to be part of a navigable canal system linking the Eastern Branch of the
Elizabeth River to the North Landing River in the early 19th century, but was never fully improved to
accomplish this purpose, and instead become the backbone of a system of manmade drainage ditches
and channels for agricultural development of the area. In the post Wodd War II building boom that
initiated the suburban development of then Princess Anne County, much of this drainage system was
converted to providing urban drainageways and stonnwater management, predating current water
quality standards.
Wetlands
Both tidal and nontidal wetlands are located adjoining the Eastern Branch of the Elizabeth River and
the Fox Run Canal extending east from the river. These wetlands areas provide important functions
and benefits as wildlife habitat, nursery and spawning areas for aquatic animals and waterfowl, flood
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buffers, stonnwater filtering, erosion control, and passive open space. Tidal wetlands are regulated
under City ordinance from certain development activities. Nontidal wetlands are similarly regulated
under State law from certain development activities. Both tidal and nontidal wetlands are further
regulated under federal law from certain development activities.
Resource Protection Areas
Resource protection areas as identified in the Commonwealth's Chesapeake Bay Preservation Act
are located adjoining the Eastern Branch of the Elizabeth River and the Fox Run Canal extending
east from the river. These areas are that component of a Chesapeake Bay Preservation Area
comprised of lands adjacent to waterbodies with perennial flow which have an intrinsic water quality
value due to the ecological and biological processes they pedonn, or due to their sensitivity to
adverse impacts which may result in significant degradation to the quality of state waters. Resource
protection areas are regulated under City ordinance from certain development activities.
Floodplains
The Historic Kempsville area is located near the headwaters of an extensive riverine floodplain
adjoining the Eastern Branch of the Elizabeth River, running westward into the City of Nodolk.
These floodplains are important areas for buffering flooding primarily from tidal stonn events such
as Northeasters and hurricanes. While the City Code does not prohibit development from the
floodplains in this part of the City, it is desirable to voluntarily restrict development form the
floodplain if at all possible to protect private property interests. Development located with the 100
year floodplain must have a minimum 1 foot elevation above the flood level for all habitable spaces,
and must carry flood insurance.
Tree Canopy
The tree canopy in the Historic Kempsville area is dominated by willow oak, red oak, swamp
chestnut oak, red maple, sweet gum, and loblolly pine. The presence of a tree canopy in the area
provides a setting that is unmatched by many other more highly developed areas in the City, and
helps give the area a distinctive setting. This mix of native trees has withstood intense development
pressures as well as natural threats such as stonns and drought over the last fifty years and thrived.
Accordingly, it provides a fine example of the kind of urban tree canopy that may be desirable to
expand upon in conjunction with future new development and redevelopment activity, as it has
proven its tolerance to manmade and natural stresses.
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MANMAD E LAND MARKS
The Historic Kempsville area exhibits a host of manmade elements that help to give shape, fonn,
function and limits to the area, and thereby defme its boundaries and help frame its existing and
proposed development patterns. These elements include gateways, architectural landmarks and
styles, primary and secondary roadway networks, and vistas.
Gateways
The Historic Kempsville area as defined in this Plan is bounded by several features that can help to
serve as gateways for persons entering or leaving the area. The primary roadway pattern helps
reinforce this quality by allowing for the area to be divided into four quadrants around the central
intersection. A map showing the locations of the major gateways to the Historic Kempsville area is
found in Appendix 4 on page 120. The major gateway locations and features, running clockwise
from the north side of the area, are as follows:
Bonney Road Intersection
The Bonney Road intersection was originally configured so that Bonney Road extended to the
Princess Anne Road / Kempsville Road intersection. At that time, South Witchduck Road did not
extend through the Kempsville Heights neighborhood as it does today from Interstate 264 south to
the Princess Anne Road / Kempsville Road intersection. The change in land uses that occurs in the
vicinity of the Bonney Road intersection make it a logical place to distinguish the area from the
Kempsville Heights neighborhood to the north. Land uses in the vicinity are primarily light office
and commercial to the south, and suburban single family residential to the north. The small
drainageway and topographic dip in the natural landscape separating the Kempsville Heights
neighborhood to the north from the area to the south affords an opportunity to create a gateway
feature that helps emphasize that travelers are either entering or exiting a separate and unique area.
Kempshire Lane Intersection
Kempshire Lane Intersection, while one of the most recent street additions in the vicinity, functions
much as the Bonney Road intersection, in that the change in land uses that occurs in the vicinity of
the intersection make it a logical place to distinguish the area from the Kempsville Manor and
Kempsville Gardens neighborhoods to the east. Land uses in the vicinity are primarily suburban
single family residential, light office and commercial to the west, and suburban single family
residential to the east. The intersection location affords an opportunity to create a gateway feature
that helps emphasize that travelers are either entering or exiting a separate and unique area.
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Fox Run Canal
The Fox Run Canal crossing at Kempsville Road provides a physical gateway feature to the area
from the south. This manmade though naturalized feature helps travelers experience a sense of
arrival when entering the area from the south that should be emphasized to a greater extent. Planned
physical improvements to the crossing to facilitate the planned transportation project afford an
opportunity to further accentuate this feature in the fabric of the area, through the use of carefully
coordinated aesthetic treatments of the road. Land uses in the vicinity are primarily suburban single
family residential and institutional to the south, and light office, commercial and institutional to the
north. The Fox Run Canal crossing adjoins additional public properties that afford an opportunity to
enhance this gateway.
Eastern Branch Elizabeth River
The Eastern Branch of the Elizabeth River crossing at Princess Anne Road fonns the strongest
natural landmark feature in the area; one that is sadly obstructed and largely unnoticed by many who
regularly travel this corridor. Travelers could experience a strong sense of arrival or departure when
crossing this area that will be greatly enhanced through aesthetic treatment of the road crossing in
conjunction with the planned intersection transportation improvement project. This area was also the
immediate vicinity of the original river wharf and landing. Land uses in the vicinity are primarily
suburban single family residential and commercial to the west, and light office and institutional to
the east. The river crossing and the planned redesign of the Lord Dunmore Drive intersection affords
an opportunity to enhance the existing natural gateway features in the area.
ARCHITECTURAL LANDMARKS AND STYLES
The remaining structures in the Historic Kempsville area provide a glimpse into the scale and
locations of structures that probably existed in Kempsville in earlier times. While not a center of
great wealth, the area was probably home to residents of poor to modest means, and reflected the
colonial architecture prevalent throughout eastern Tidewater Virginia. This style has proven timeless
and is recognized today as affording the area the best opportunity to recreate a unique sense of place
as it undergoes further development and redevelopment. The following structures, roadway
infonnation and vistas help to describe how the vision for the area can build upon the best elements
and framework of the past. A map showing the locations of the historic structures and sites located
in the Historic Kempsville area is found in Appendix 4 on page 121.
Carraway House
The Carraway House is one of the few remaining eighteenth century frame dwellings in the City,
providing one of few examples of a middle class residence of the era. James Carraway acquired the
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land in 1733 and built the house shortly thereafter. An addition was added to the house in the late
eighteenth century, and the north wing of the house was a separate kitchen until attachment to the
house in the twentieth century. Members of the Carraway family occupied the house for over 200
years, until its acquisition by another party in 1979. The house now sits on a new location as it was
moved in 1962 to accommodate construction of South Witchduck Road. The house is a fine
example of a colonial saltbox style.
Emmanuel Episcopal Church
First built in 1842, Emmanuel Episcopal Church was fonned as the fourth Lynnhaven Parish church
when Old Donation Church was abandoned. Emmanuel became the only Episcopal Parish in the
City until Old Donation was refonned in 1916. Emmanuel was the first building built in Kempsville
for church purposes. It was completed in 1843 on land donated by David Walke, a son of Old
Donation's fonner rector, and the owner of Fairfield manor. Emmanuel became the "parent church"
of the Lynnhaven Parish until it was destroyed by fire on October 12, 1943. Rebuilt by 1945, a
portion of the original foundation and walls, which survived the fire, comprise the oldest part of the
current structure. The Church graveyard contains Civil War graves.
Kemps Landing School
The current structure was built on the site of previous public schools for the Kempsville community.
The old county jail was the first public school after the courthouse moved to Princess Anne in 1824,
and remained the school location until the late nineteenth century. When it was replaced by a frame
structure which stood near the east bank of the Eastern Branch of the Elizabeth River. After 1924,
this second structure was replaced by the new Kempsville High School, which was replaced by the
two story structure on the current school site in 1941. This building continues in use by the City
school system to this day.
Kempsville Baptist Church
The fourth oldest Baptist church in the City, Kempsville Baptist was established in 1814. The
congregation's first building was the fonner county courthouse, and served as its home from 1826 to
1911, when it moved to its current property just west of the old courthouse site. The old church
cemetery to the north of the old courthouse site still remains.
Pleasant Hall
Built by Scottish native and Kempe's Landing merchant George Logan, the house now known as
Pleasant Hall was probably completed in 1769. After the November 1775 Skinnish of Kempsville,
Logan publicly announced his support of the Crown and left for Scotland. The house is currently
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owned by Kempsville Baptist Church, and retains much of its original woodwork. The structure is
on the National Register of Historic Landmarks and is a fine example of a colonial era Georgian
architecture residence.
PRIMARY AND SECONDARY ROADWAYS
The present locations of Princess Anne, Kempsville, and South Witchduck Roads have changed little
in the past two centuries, with the exception of the extension of South Witchduck Road to Princess
Anne Road in 1962. Prior to that time, Bonney Road intersected Princess Anne Road and continued
eastward to its current tenninus at Rosemont Road.
Little remains of the side street pattern of Kempsville, as it existed in earlier times. In keeping with
the village pattern of that time, however, one can sunnise that the major roadways were laid out to
follow long established trails and paths, and the side street pattern would have likely reflected an
infonnal pattern, as Kempe's Landing was not a planned town as Williamsburg. These side streets
were often located between two major landholder's properties, so that a landholding was not bisected
by an intervening road, thereby making it difficult for the owner to fann or manage the tract.
Accordingly, recommendations for vehicular and pedestrian circulation suggest a framework that
reinforces this pattern that would most likely have been in use in the area in its past.
LANDMARKS AND VISTAS
The most prominent landmarks and vistas in the Historic Kempsville area were most likely the
waterfront and the large brick structures. The waterfront vista has diminished over time, as the area
has silted in and become less visible from adjoining fill of the waterway and wetlands areas since its
heyday as a port of call. Throughout its history, the large brick structures which have dominated the
built environment have ranged from residences like Pleasant Hall, to churches like Emmanuel
Episcopal and Kempsville Baptist in the nineteenth century, to other businesses and institution like
Kemps Landing School, the fonner Kempsville Volunteer Fire Station and Rescue Squad building
and Yoder Dairy in the twentieth century.
From these examples, the Historic Kempsville Area Master Plan suggests that reintroducing water as
a central design element where possible, coupled with the use of brick structures, helps to establish
landmarks in the area. Orientation of these landmarks in relation to existing or planned roadways
and pedestrian paths will help to reintroduce vistas for pedestrians and motorists alike, reinforcing a
unique sense of place for the area.
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PLAN VISION AND GOALS
VISION
The vision for the Historic Kempsville area is to recreate a village setting, building on the natural
setting and historic character and importance of the area while:
accommodating reasonable development and redevelopment
opportunities for property owners in a manner that is compatible
with the new roadway system;
maintaining and improving access to serve existing
commercial, office and institutional uses;
not exacerbating vehicular traffic congestion and conflicts in
the area; and
not reintroducing traffic congestion and conflicts in the area
that the new roadway system was designed to remedy.
GOALS
In order to implement the vision for the Historic Kempsville area, the following goals have been
defined, with accompanying infonnation intended to better articulate desired outcomes. These goals
are not ranked in any order of significance or hierarchy, but rather reflect a convergence of ideas
intended to achieve the vision of the area.
Promote Land Uses that Accomplish Multiple Objectives
Land uses desirable for the Historic Kempsville area should be subjected to a test that will assess the
degree to which a specific site plan or development project accomplishes the following:
does not generate significant traffic increases in area
promotes better traffic flow and through movement
promotes better internal circulation and movement
protects historic, cultural and environmental elements
encourages redevelopment of property
creates a distinctive a sense of place for the area
identifies environmental constraints and opportunities
increases open space
provides safe pedestrian movement
provides integrated approach to disposal and use of excess City property and right-of way
exhibits coordination with proposed transportation improvements
reflects coordination with other City public facilities
emphasizes coordination with commercial and institutional interests
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respects coordination with residential interests
enhances and promotes neighborhood preservation efforts
retrofits stonnwater quality management
Recommend a Mix of Land Uses
Land uses desirable for the Historic Kempsville area should be focused around four major categories
of uses that emphasize compatibility with one another and cohesion to help form the overall sense of
place and identity for the area:
institutional- churches, public facilities.
open space - recreation, parks, natural areas
mixed use - professional offices, limited retail
residential - limited opportunities but designed so as to be
compatible with other recommended land uses
Establish a Zoning Overlay District
A Historic Kempsville Zoning Overlay District should be established in the City Zoning Ordinance
to encourage strong adherence to architectural, vegetation, street furniture, and site design themes
that will reinforce the sense of place and identity of the area. Essential elements of this strategy
should include:
Architecture and Land, Vegetation, and Street Furniture Design Guidelines
Reduced front and side yard setbacks to encourage street scale design, rear and side yard
parking, and greater accommodation of pedestrians
Recommended Themes ! Features ! Elements should place emphasis on:
brick walks as at Freemason Harbor, Merchants Square
low brick walls as at Old Dominion University; Municipal Center
colonial! Georgian architecture; clustered buildings as at Merchants Square
interior parking as at Merchants Square; Thoroughgood Commons
pedestrian ways to help create a pedestrian street grid pattern to reinforce village theme
brick stamped paving crosswalks as at Independence Boulevard; Kempsville & Providence
Roads; Municipal Center
street scale street lighting as at Municipal Center
brick bridge abutments as at Doziers Bridge; Gum Swamp Bridge
fonnal vegetation and street furniture style as at Colonial Williamsburg; Municipal Center
canopy street trees - oaks or maples
brick faced noise walls along west side Kempsville Road from Kempsville Canal to Fairfield
Boulevard and along south side of Princess Anne Road from Kempshire Lane to White Oak
Drive, south side
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removal of overhead utility wires where possible
historic markers & monuments; history walk
public art
low impact development features - rain gardens, etc. to reduce runoff
Encourage Future Consolidation of Parcels to Fonn Building Blocks for New Development
Infill development and redevelopment plans should be promoted and encouraged through the
provision of incentives where possible for parcel consolidation or integrated design with cross access
agreements. Significant City land ownership can be used to encourage this kind of development
pattern, particularly in the following sub-areas:
northeast quadrant
southeast quadrant
Promote Modifications to Side Street Pattern
The side street pattern needs to be redesigned to better accommodate traffic movement and better
serve the major thoroughfare transportation improvements planned for the area. The side street
pattern should be designed to specifically accomplish the following objectives:
northeast quadrant - increase emergency access for fire and rescue; promote complimentary
redevelopment opportunities; protect Kempsville Gardens neighborhood; maintain and
improve access to serve existing commercial, office and institutional uses
southeast quadrant - promote complementary redevelopment opportunities; protect
Kempshire neighborhood; maintain and improve access to serve existing residential uses
southwest quadrant - promote complementary infill development opportunities; protect
Fairfield neighborhood; promote west gateway to area; maintain and improve access to serve
existing office and institutional uses
northwest quadrant - maintain and improve access to serve existing commercial, office and
institutional uses
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Help to Promote Revitalization of Commercial Areas on Princess Anne Road West of the Area
The activities and investment planned for the Historic Kempsville area provide a unique opportunity
to help promote complementary redevelopment and revitalization of commercial and office uses
located to the immediate west of the area, and also help promote preservation and revitalization of
residential areas to the west of the area.
Complement South Witchduck Road Project North from the Area to Virginia Beach Boulevard
The activities and investment planned for the Historic Kempsville area provide a unique opportunity
to help promote preservation and revitalization of residential uses located to the immediate north of
the area, and also help promote redevelopment and revitalization of office, commercial and
institutional uses located to the north of the area.
Complement Bonney and Grayson Road Area to Northeast of the Area
The activities and investment planned for the Historic Kempsville area provide a unique opportunity
to help promote preservation and revitalization of residential and office uses located to the
immediate northeast of the area, and also help promote redevelopment of office and institutional uses
located to the northeast of the area.
Complement Residential Areas to South and East of the Area
The activities and investment planned for the Historic Kempsville area provide a unique opportunity
to help promote preservation and revitalization of residential uses located to the immediate east of
the area, and also help promote preservation and revitalization of residential and institutional uses
located to the immediate south of the area.
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OPPORTUNITIES, CONFLICTS AND ISSUES BY QUADRANT
While the entirety of the Historic Kempsville area defines a unique resource, each of the quadrants of
the proposed intersection exhibits opportunities, conflicts, and issues specific to itself. A map
identifying the quadrants that comprise the Historic Kempsville area is found in Appendix 4 on page
122.
NORTHEAST QUADRANT
The Northeast Quadrant is bounded by Bonney Road and the Kempsville Lake subdivision on the
north, the Kempsville Heights subdivision on the east, relocated Princess Anne Road on the south,
and relocated South Witchduck Road on the west.
Opportunities
Land uses in the quadrant are currently a mix of professional offices, retail businesses, the
Kempsville Fire Station, the fonner mosquito control property, Yoder Dairy, and several residential
units. The planned road improvements will provide a new public service road connecting the
quadrant to Princess Anne Road at a planned nonsignalized intersection with a median break. This
connection will additionally provide an alternative access to and from the fire station. Lands to be
acquired for the road project in excess of right of way requirements afford opportunities to
accommodate planned expansion of the fire station. Yoder Diary is completing a major replacement
project of its current operation and expanding its facility to include a retail establishment open to the
public. A major planned trail corridor runs alongside the western boundary of the area. A portion of
an abandoned rail corridor runs through the quadrant and affords an opportunity to fonn one
tenninus of a proposed trail corridor ultimately linking the Historic Kempsville and Town Center
areas.
The presence of the emergency medical and rescue services associated with the fire station site afford
an opportunity to encourage redevelopment of the quadrant primarily as a medical office campus, in
keeping with the proposed architectural design guidelines recommended in the Plan. Related support
facilities and business establishments would be appropriate support activities in this quadrant,
provided that anticipated vehicular traffic volumes do not exceed roadway design criteria for the
quadrant. Property consolidations would allow assemblage of larger parcels to help promote such
new development and redevelopment with shared interior parking amenities.
Conflicts
The planned intersection improvement project will not include major relocation of existing utilities
in the quadrant, as these are not necessary for the intersection project and funds are not allocated for
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this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed
to either incorporate utility relocations as a cost of accommodating new development, or to avoid
adverse conflicts with existing utilities by utilizing these areas for non-structural purposes, such as
open space, plazas, common areas or parking. However, planned quadrant service roadway locations
are proposed to be integrated to a great extent with existing utility alignments so as to minimize
potential for adverse affects upon new development or redevelopment opportunities.
Issues
Potential redevelopment of the fonner mosquito control property will require letters of release from
the Virginia Department of Environmental Quality to assure that any remaining contamination from
the site has been removed or contained in an acceptable manner.
SOUTHEAST QUADRANT
The Southeast Quadrant is bounded by relocated Princess Anne Road on the north, the Kempshire
subdivision on the east, Fox Hill Canal on the south, and relocated Kempsville Road on the west.
Opportunities
Land uses in the quadrant are currently a mix of professional offices, retail businesses, the Kemps
Landing School ballfields, and two streets of residential units. The planned road improvements will
maintain two existing public roadway connections to Princess Anne Road; Downey Drive and
Kempshire Lane. The Downey Drive intersection is planned as a right turn in / out intersection only,
with no median break, while Kempshire Lane is planned as a nonsignalized intersection with a
median break. Lands to be acquired for the road project in excess of right of way requirements
afford opportunities to accommodate a planned village green or square on the remaining portion of
the old ballfields site not needed for the planned intersection improvement project. Other lands to be
acquired for the road project in excess of right of way requirements afford opportunities to
accommodate new development for redevelopment of the quadrant with a variety of mixed uses.
These mixed uses, consisting of specialty retail and professional establishments and residential units,
should be encouraged to take advantage of the exposure and views the planned village green afford.
A major planned trail corridor runs alongside the western boundary of the area. Fox Hill Canal to
the south affords an opportunity for an enhanced vegetated buffer separating new development or
redevelopment from the Kempsville Elementary School site, while also enhancing water quality
protection.
The presence of the planned village green affords an opportunity to encourage redevelopment of the
quadrant primarily as a mixed use area, in keeping with the proposed architectural design guidelines
recommended in the Plan. Property consolidations would allow assemblage of larger parcels to help
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promote new development and redevelopment with shared interior parking amenities, so long as
traffic volumes do not exceed roadway design criteria for the quadrant.
Conflicts
The planned intersection improvement project will not include major relocation of existing utilities
in the quadrant, as these are not necessary for the intersection project and funds are not allocated for
this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed
to either incorporate utility relocations as a cost of accommodating new development, or to avoid
adverse conflicts with existing utilities by utilizing these areas for non-structural purposes, such as
open space, plazas, common areas or parking. The planned intersection improvement project does
call for the planned relocation of existing utilities underground in the vicinity of the planned village
green, in keeping with the recommendations of the Historic Kempsville Plan. Additionally, planned
roadway locations are not proposed to deviate from existing utility alignments to any great extent or
to adversely affect new development or redevelopment opportunities.
Issues
Potential redevelopment of the fonner ballfields site as a village green is being coordinated with
stonnwater management facilities required for the planned intersection improvement project. The
village green should be designed to incorporate this feature as an amenity, with a bulkheaded
shoreline, to better reflect the historic setting of the area as a port and to support the concept of the
village green as an urban open space area. The former mosquito control property will require letters
of release from the Virginia Department of Environmental Quality to assure that any remaining
contamination from the site has been removed or contained in an acceptable manner.
SOUTffWESTQUADRANT
The Southwest Quadrant is bounded by relocated Princess Anne Road on the north, relocated
Kempsville Road on the east, Fox Hill Canal on the south, and the Eastern Branch of the Elizabeth
River on the west.
Opportunities
Land uses in the quadrant are currently a mix of professional offices and the Kemps Landing School
building, currently being used as the SECEP school site. The planned road improvements will
provide a new public service road connecting the quadrant to Princess Anne Road at a planned
signalized intersection. This connection will additionally link to a relocated Lord Dunmore Drive to
access the Fairfield neighborhood. Lands to be acquired for the road project in excess of right of
way requirements afford opportunities to accommodate new development or redevelopment of the
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quadrant with a variety of mixed uses. These mixed uses, consisting of specialty retail and
professional establishments and residential units, should be encouraged to consider adaptive reuse of
the old Kempsville High building, the two story portion of the Kemps Landing school, as a landmark
opposite the planned village green. Fox Hill Canal to the south affords an opportunity for an
enhanced vegetated buffer separating new development or redevelopment from the Fairfield
subdivision, while also enhancing water quality protection.
The presence of the old school structure and the waterway features afford an opportunity to
encourage redevelopment of the quadrant primarily as a mixed use area, in keeping with the
proposed architectural design guidelines recommended in the Plan. Property consolidations would
allow assemblage of larger parcels to help promote new development and redevelopment with shared
interior parking amenities, so long as traffic volumes do not exceed roadway design criteria for the
quadrant. Property adjoining the Eastern Branch of the Elizabeth River affords an opportunity to
provide nonmotorized water access for canoes and kayaks, and a setting to help interpret the historic
origins of the area as a colonial seaport.
Conflicts
The planned intersection improvement project will not include major relocation of existing utilities
in the quadrant, as these are not necessary for the intersection project and funds are not allocated for
this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed
to either incorporate utility relocations as a cost of accommodating new development, or to avoid
adverse conflicts with existing utilities by utilizing these areas for non-structural purposes, such as
open space, plazas, common areas or parking. Additionally, planned roadway locations are not
proposed to deviate from existing utility alignments to any great extent or to adversely affect new
development or redevelopment opportunities. The planned linkage of the new service road to
relocated Lord Dunmore Drive will require careful monitoring of traffic conditions to help ensure
that planned improvements do not exacerbate current cut through traffic issues in the Fairfield
neighborhood, but are in fact alleviated by the planned intersection project.
Issues
The raw water line connecting the Stumpy Lake reservoir to the Lake Smith reservoir cuts across the
Kemps Landing School property. Relocation of the raw water line from its current location in the
quadrant is not necessary for the intersection project and funds are not allocated for this purpose.
Accordingly, future redevelopment as envisioned in the plan will need to be designed to either
incorporate raw water line relocation as a cost of accommodating new development, or to avoid
adverse conflicts with the existing raw water line by utilizing the area for non-structural purposes,
such as open space, plazas, common areas or parking. However, potential relocation of the raw
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water line would enhance future new development and redevelopment potential to the Kemps
Landing School property.
NORTHWEST QUADRANT
The Northwest Quadrant is bounded by an unnamed tidal tributary to the Eastern Branch of the
Elizabeth River and a drainage ditch on the north, relocated South Witchduck Road on the east,
relocated Princess Anne Road on the south, and the Eastern Branch of the Elizabeth River on the
west.
Opportuni ties
Land uses in the quadrant are currently a mix of professional offices, several retail establishments,
two churches, and two historic structures. The planned road improvements will provide a new public
service road connecting the quadrant to South Witchduck Road at a planned signalized intersection
at Bonney Road. This connection will additionally link to a redesigned old Princess Anne Road
running through the quadrant, providing access to the Kempsville Heights neighborhood at a "T"
intersection with Overland Road and a new signalized intersection with relocated Princess Anne
Road. Lands to be acquired for the road project in excess of right of way requirements afford
opportunities to accommodate new development or redevelopment of the quadrant with a variety of
mixed uses. These mixed uses, consisting of specialty retail and professional establishments and
residential units, should be encouraged to consider designs which complement and take advantage of
the settings afforded by Pleasant Hall, the Carraway House, and the existing churches.
The presence of the historic structures, churches, and the considerable development which exists in
the quadrant collectively afford an opportunity to encourage future redevelopment of the quadrant
primarily as a mixed use area, in keeping with the proposed architectural design guidelines
recommended in the Plan. Property consolidations would allow assemblage oflarger parcels to help
promote new development and redevelopment with shared interior parking amenities, so long as
traffic volumes do not exceed roadway design criteria for the quadrant. Property adjoining the
Eastern Branch of the Elizabeth River affords an opportunity to provide a pedestrian oriented
waterfront, and a setting to help interpret the historic origins of the area as a colonial seaport.
Conflicts
The planned intersection improvement project will not include major relocation of existing utilities
in the quadrant, as these are not necessary for the intersection project and funds are not allocated for
this purpose. Accordingly, future redevelopment as envisioned in the plan will need to be designed
to either incorporate utility relocations as a cost of accommodating new development, or to avoid
adverse conflicts with existing utilities by utilizing these areas for non-structural purposes, such as
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open space, plazas, common areas or parking. The planned linkage of the new service road to old
Princes Anne Road and a new Bonney Road / Office Square Lane intersection will afford existing
businesses access to the new roadway improvements, yet also afford an opportunity for future
redevelopment of the area and ultimate removal of the planned service road to better achieve the
desired design character for the area. Also, the planned downsizing of existing Princess Anne Road
to a two lane quadrant service road is proposed to be integrated to a great extent with existing utility
alignments so as to minimize potential for adverse affects upon new development or redevelopment
opportunities.
Issues
Potential redevelopment of the fonner shopping center site adjoining Emmanuel Episcopal Church is
being coordinated with a voluntary environmental remediation project being undertaken by the City
in coordination with the Virginia Department of Environmental Quality, due to groundwater
contamination from a fonner service station and dry cleaning establishment on the property.
Satisfactory cleanup of the property will require letters of release from the Virginia Department of
Environmental Quality to assure that any remaining contamination from the site has been removed or
contained in an acceptable manner. Once that has been accomplished, the City will need to negotiate
with Emmanuel Episcopal Church on an acceptable property compensation plan for land to be
acquired from the church for the planned intersection improvement project.
The raw water line connecting the Stumpy Lake reservoir to the Lake Smith reservoir cuts across the
Emmanuel Episcopal Church property. Relocation of the raw water line from its current location in
the quadrant is not necessary for the intersection project and funds are not allocated for this purpose.
Accordingly, future redevelopment as envisioned in the plan will need to be designed to either
incorporate raw water line relocation as a cost of accommodating new development, or to avoid
adverse conflicts with the existing raw water line by utilizing the area for non-structural purposes,
such as open space, plazas, common areas or parking. However, potential relocation of the raw
water line would enhance potential expansion plans for Emmanuel Episcopal Church.
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CURRENT ZONING AND lAND USE BY QUADRANT
The current pattern and distribution of development in the Historic Kempsville area is a reflection of
the history of development of the area, from its colonial era to the present time. This pattern
underwent its most significant change during the twentieth century, with the introduction of the
automobile and the subsequent suburbanization of the area. Prior to this time, the land use pattern in
the Historic Kempsville area, as in most of the rest of the City, was driven strictly by nonmotorized
modes of transportation, but more importantly by preferences based on family land ownership,
economic efficiencies such as proximity to market, and traditional land use patterns inherited from
the colonial era. The coming of the canal era in the first half of the nineteenth century largely
bypassed Kempsville, primarily due to its interruption by the Civil War. The railroad era did bring
changes to Kempsville through a spur line connecting to the current Norfolk Southern rail corridor
running east to west across the City. This only served to reinforce the importance of the central
intersection in the land use pattern of that time. The arrival of the automobile saw the beginning of
the decline of many of the historic structures and the predominant land use pattern that had shaped
the Historic Kempsville area, and this decline further intensified as the surrounding agricultural areas
grew into suburbs in the post World War II era, until the 1970's. By that time, most of Kempsville
was fully developed, and decline of the importance of the central intersection in Kempsville as a
retail and institutional center for the community began, as new areas were developed to fill these
needs which exhibited more space for retail, office, and institutional needs. The shopping areas
developed at Fairfield and Carolanne Farms illustrate this shift in land use at that time.
The current zoning and land use pattern in the Historic Kempsville area provides a picture of current
conditions that fonn the foundation for the master plan envisioned for the area. As has been noted
earlier for other elements, each of the quadrants of the proposed intersection exhibits zoning and land
use patterns specific to itself. Maps identifying the current zoning and land use patterns that
comprise the Historic Kempsville area are found in Appendix 4 from page 124 to page 133.
Northeast Quadrant
The northeast quadrant is composed primarily of land zoned for community business use, with
isolated parcels zoned for office, industrial, apartment, and duplex residential dwellings. Current
land uses include government, residential, office and retail activities.
Southeast Quadrant
The southeast quadrant is composed primarily of land zoned for single family residential dwellings,
with isolated parcels zoned for office and business use. Current land uses include institutional,
residential, office and retail activities.
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Southwest Quadrant
The southwest quadrant is composed ofland zoned for office and single family residential use, with
isolated parcels zoned for community business use. Current land uses include institutional, office
and retail activities.
Northwest Quadrant
The northwest quadrant is composed of land zoned for business and single family residential uses.
Current land uses include institutional, office and retail activities.
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THE PLAN
This section of the plan sets forth the land use, village fonn, and conceptual plan for the Historic
Kempsville area.
LAND USE CONCEPT
The plan that has been developed for the Historic Kempsville area significantly alters and reshapes
the land use concept for the area, moving from the suburban pattern that has dominated the area since
the post World War II boom through the 1970s, and the subsequent decline of the area, and instead
superimposes a land use concept that will strengthen the sense of community and village fonn in the
area. The recommended land use concept suggests that a more dense pattern of development,
dominated by mixed uses which allow for both residential and nonresidential uses within the same
building or groups of buildings, would help to reintroduce a sense of interest, pedestrian character,
and excitement to the area. Mixed uses are clustered near the intersection, with buffers and less
intense land uses arrayed out fonn the intersection and adjoining surrounding subdivisions that
comprise the larger community. A map that depicts the recommended land use concept for the area
is found in Appendix 4 on page 134.
VILLAGE FORM
As the historic heart of the community has long been the northeast quadrant of the area, the
recommended village fonn locates the village core here, as well. The northeast quadrant, dominated
by the fire and rescue station and Yoder Dairy, fonn the service core for the recommended plan. The
southwest quadrant is seen primarily as an area of mixed residential and nonresidential uses, with the
inclusion of a potential water access zone adjoining the Eastern Branch of the Elizabeth River. The
southwest quadrant is also seen primarily as an area of mixed residential and nonresidential uses, but
dominated more by residential uses, and including the village green on the fonner ballfields site. A
map that depicts the recommended village form for the area is found in Appendix 4 on page 135.
CONCEPTUAL VILLAGE PLAN BY QUADRANT
The conceptual village plan incorporating the land use concept and village form described above
envisions an area with the character reminiscent of other traditional villages with a colonial character
and scale of development, such as Merchants Square in Colonial Williamsburg, the current New
Town project in James City County, Port Warwick in Newport News, or Riverwalk Landing in
Yorktown. As has been noted earlier for other elements, each of the quadrants of the proposed
intersection exhibits conceptual village features specific to itself that collectively help derIDe the
whole as a special area. Drawings that illustrate the conceptual village plan for the Historic
Kempsville area are found in Appendix 4 from page 136 to page 140.
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Northeast Quadrant
The northeast quadrant envisions a medical emphasis, with locations for professional offices and
support facilities and institutions, anchored by an expanded fire, rescue and emergency services site
with improved access to both Princess Anne Road and South Witchduck Road. The quadrant is also
the location of a proposed assisted living center, and the site of a recommended pedestrian bridge to
be developed in association with private development as an eastern gateway to the Historic
Kempsville area.
Southeast Quadrant
The southeast quadrant envisions a more residential and public open space concept, with the village
green serving as one of the focal points for the entire village. Mixed use structures including both
residential and nonresidential uses front the green and Princess Anne Road with interior parking,
lending a more pedestrian oriented design to the area.
Southwest Quadrant
The southwest quadrant is designed as a true mixed use area, with both residential and nonresidential
uses clustered around the road frontage, with proposed structured parking hidden from view. Buffers
to the Fox Hill Canal and Fairfield neighborhood are incorporated into the suggested pattern of
development. A waterfront access and interpretive area about the history of Kempsville is located on
the Eastern Branch of the Elizabeth River. Adaptive reuse of the old Kempsville High School for
mixed use is recommended.
Northwest Quadrant
The northwest quadrant is designed to highlight the existing institutional and historic structures
through assemblage of other parcels into new building blocks with interior parking and mixed uses.
Additional residential and nonresidential development is suggested long the Eastern Branch of the
Elizabeth river waterfront.
PEDESTRIAN CIRCUlATION
Pedestrian circulation is a critical element of the proposed conceptual plan for Historic Kempsville.
A hierarchy of pedestrian paths is envisioned. A drawing that illustrates the pedestrian circulation
concept for the Historic Kempsville area is found in Appendix 4 on page 141.
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Internal paths are the backbone of circulation within each of the intersection's quadrants. Widened
sidewalks with intersection crosswalks and nodes provide linkages between the quadrants.
Neighborhood connectors provide linkages from the Historic Kempsville area to adjoining
neighborhoods. Shared use paths also link the Historic Kempsville area to other destinations in the
City, as reflected in the adopted Bikeways and Trails Plan.
INFRASTRUCTURE ELEMENTS AND STREET FURNITURE
A key element envisioned for the Historic Kempsville area is the integration of infrastructure
elements, including traffic signs, light poles, traffic signal poles, crosswalks pavement treatment,
transit stops, street signs, benches, trash receptacles, bike racks, bike lockers, and other elements are
incorporated into the fabric of the area through conscious design decision e making. This translates
into ensuring that unifonn standards for these elements are established and adhered to during the
Plan's implementation phases. In particular, it is recommended that transit stops within the Historic
Kempsville area be integrated into the overall design of the area and include appropriate shelters for
pedestrians that blend with the architectural fabric of the area.
This work is identified as a component of the Urban Design Element identified on page 27 of the
Plan as a future action item. This descriptive information will require coordination with other City
and regional parties, including Hampton Roads Transit, the City's Public Works Department, and
others.
ARCHITECTURAL FABRIC
As noted throughout the document, the importance of the architectural design to establishing the
Historic Kempsville area as unique is central to the ultimate implementation of the plan. A photo
collage of structures, streetscapes, and design features that reflect the character envisioned for the
Historic Kempsville area is found in Appendix 4 on page 142. Architectural design guidelines found
in Appendix 1 on page 33 to page 42 are intended to reinforce this essential planning element.
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RECOMMENDATIONS / FUTURE ACTION ITEMS
This section of the Plan sets forth specific recommendations and action items to help implement the
Historic Kempsville Area Plan. Recommendations constitute those elements that are identified
within and constitute the body of the Plan document itself, or supporting documents that are
incorporated within the body of the Plan and intended for adoption in conjunction with the Plan.
Future action items constitute those elements that are identified in the Plan document as requiring
further work following adoption of the Plan. Once these future action items have been completed, it
is recommended that they be incorporated into the Historic Kempsville Area Master Plan through the
plan amendment process.
RECOMMENDATIONS
The Plan recommendations are as follows:
Adoption of Architectural Design Guidelines
The architectural design guidelines are intended to apply to all new development or redevelopment
projects undertaken in the Historic Kempsville area as defined in the plan. A copy of the proposed
guidelines is found in Appendix 1 on page 33 to page 42.
Adoption of Recommended Vegetation Lists
The recommended vegetation lists are intended to apply to all new development or redevelopment
projects undertaken in the Historic Kempsville area as defined in the plan. A copy of the proposed
lists is found in Appendix 2 on page 43 to page 49.
Adoption of City Zoning Ordinance Amendments and Other Ordinances
The recommended City Zoning Ordinance amendments and other ordnances are intended to ensure
compliance with the plan and promote its implementation within the Historic Kempsville area.
Copies of the proposed amendments and new ordinances are found in Appendix 3 on page 51 to page
109.
FUTURE ACTION ITEMS
The Plan future action items are as follows:
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Completion and Adoption of Urban Design Element, Architectural Design Photographic Pattern
Book, and Aeriallllustration of the Historic Kempsville Area
This work is in process and is under contract to the Plan consultant for completion in spring 2006.
The urban design element provide necessary detail to ensure that the concepts set forth for the
Historic Kempsville area can be realized through plan implementation. Likewise, the architectural
design photographic pattern book and aerial illustration of the Historic Kempsville area will help
provide needed detail for developers and property owners as they implement new projects in the area.
With its completion, this infonnation will be brought forward for adoption as an amendment to the
Historic Kempsville Area Plan.
Completion and Adoption of Economic Development Incentive Program, and
Refined Public Investment Protection Strategy
This work is in process by the City's Plan Implementation Team for completion in spring 2006.
With its completion, this infonnation will be brought forward for adoption as an amendment to the
Historic Kempsville Area Plan. Specific items to be addressed through these elements will include
consideration of:
.
recommendations for use and disposition of excess City properties and excess right-of- way;
streamlined Development Review Process recommendations for the area;
a draft willing sellers property acquisition program;
the village green public park development project;
a regional stonnwater management facility development strategy and potential
public/private partnership projects;
incentives which encourage and promote joint private redevelopment through measures
including but not limited to cross access agreements, minimization of curb cuts, and
shared parking areas;
other development and redevelopment incentives that are linked to provision of public
improvements and amenities within the area; and
tax incentives to promote plan implementation.
.
.
.
.
.
.
.
The planned intersection roadway improvement project will result in the acquisition of a significant
amount of additional property in the intersection area that is not currently under City ownership.
Portions of this property, in conjunction with other property currently owned by the City, that are not
required for the planned intersection improvement project, afford a unique opportunity to initiate
new development and redevelopment of the area, in accordance with the recommendations set forth
in this Plan. A map identifying the general extent of these properties in the Historic Kempsville area
is found in Appendix 4 on page 143.
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Adoption of Schedule and Funding Stream for Other Public Improvements in the Historic
Kempsville Area
This work is in process by the City's Plan Implementation Team for completion in spring 2006.
With its completion, this infonnation will be brought forward for adoption as an amendment to the
Historic Kempsville Area Plan, or as items for consideration as part of the City's Budget Process at
the appropriate time. Specific items to be addressed through these elements will include
consideration of:
.
a policy and ordinance to direct funds from acquisition of excess City properties into an
account for funding desired public improvements in the area;
identification of and funding for undertaking design and construction of the village green
public park development project;
identification of and funding for undertaking design and construction of regional
stormwater management facility development strategy and other potential public/private
partnership projects;
identification of and funding for undertaking design and construction of other
infrastructure elements as incentives which encourage and promote joint private
redevelopment through measures including but not limited to cross access agreements,
minimization of curb cuts, and shared parking areas; and
identification of and funding for undertaking design and construction of other
development and redevelopment incentives that are linked to provision of public
improvements and amenities within the area.
.
.
.
.
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APPENDICES
1
ARCHITECTURAL DESIGN GUIDELINES
2
VEGETATION AND STREET FURNITURE DESIGN GUIDELINES
3
PROPOSED CITY ZONING ORDINANCE AMENDMENTS
4
MAPS
5
ACKNOWLEDGMENTS AND REFERENCES
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APPENDIX 1
ARCHITECTURAL DESIGN GUIDELINES
In the Historic Kempsville Area Overlay District, designs for new buildings should strive to reflect
the historic foundations of the Historic Kempsville area as exemplified in the area's remaining
historic buildings, and as exemplified in photographs of fonner historic buildings in the District.
Well-designed buildings that respect the scale and character of these buildings but in a modern
idiom, such as the office buildings on Oakmears Crescent, can be successful infill projects in the
overlay district.
Due to different characteristics of structures in the Historic Kempsville Area Overlay District, the
District is broken into four zones:
the northeast zone which consists of a redevelopment opportunity area
the southeast zone which consists of a redevelopment opportunity area
the southwest zone which contains post World War n Colonial Revival structures in a
suburban setting, and
the northwest zone that contains institutional uses, two historic structures of Georgian and
Colonial styles, respectively, and a mixture of more modem functional and commercial
styles.
While each zone in the Historic Kempsville Area Overlay District has its own character at the
present time, the overall goal of the District is to create a sense of unity among the four zones over
time as the area redevelops, and to promote a character more reminiscent of a Colonial village
atmosphere, capitalizing on the historic role of Historic Kempsville as the commercial center and
county seat of Princess Anne County in the mid 1700s to the early 18oos.
The purpose of these guidelines is to describe a range of prescriptive architectural practices that can
be employed in numerous ways, but still assure that any new construction, addition or alteration of
existing structures will be done in such a way as to complement and contribute to the goals described
above, respectful of the scale and character of the District.
General Design Criteria
.
New architecture should not replicate or imitate the historic tradition of the Historic
Kempsville area, but be an evolution of and compatible with the area's historic design
traditions, forms and materials. Replications of 18th century buildings in the District or
elsewhere are not acceptable. Revivalist style buildings can be faithful to and compatible
with the architectural traditions of the District without being copies of ones in the District.
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.
Traditional architecture styles associated with the Historic Kempsville Area Overlay District
include Colonial Revival, Georgian Revival, and Tidewater Virginia Vernacular. These
styles provide flexibility of design and innovative possibilities for responding to the existing
pattern of development, thus fitting into and building up patterns in the built environment.
Adaptations of these prevalent architectural styles ensure long-tenn compatibility with the
District and enhance opportunities for adaptive use of buildings.
.
New construction designs should be avoided which create unbalanced visual images in the
District. For example, in a hypothetical area of two-story, vertically oriented houses
(Colonial Revival, Victorian, etc,) an infill project with a one-story, horizontally oriented
design such as a Ranch house would not be appropriate.
.
The designer for infill construction should examine and evaluate the structural and natural
fonns that will affect the project and should creatively design a compatible solution that
respects the scale and palette of the desired architectural features for the District.
.
Side and rear elevations should contain the same design elements and materials as the front
façade.
Architectural Elements
Walls
.
Materials, which reflect the District's traditions as set forth above, are highly encouraged.
Buildings should be constructed of brick or horizontal wood siding. Siding must have an
exposure between six and eight inches and may have a beaded edge; the intended effect is to
create a play of light and shadow on the wall surface.
.
The painting of unpainted natural brick surfaces is discouraged. If extenuating circumstances
exist that require the painting of natural brick then the Planning Department will review these
circumstances on a case-by-case basis.
.
A synthetic siding that resembles authentic horizontal wood siding (i.e. Hardiplank) may be
acceptable for new buildings or as replacement material for siding on existing buildings that
are not constructed of wood or brick. Wherever possible, existing wood siding should be
retained, repaired and repainted.
Any wall should be built of not more than two materials, and those materials should change
along a horizontal line such as a floor line or gable end with the heavier material (brick)
always being below the lighter material (wood).
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.
Buildings with siding will construct their foundation walls and piers with finished brick.
These walls should be no less than 24 inches above grade, but should not exceed 36 inches,
unless grade changes dictate more.
.
Retaining walls at frontages and in front yards should be built of brick. Retaining walls not
visible from public or private streets can be brick, interlocking block or smooth finished
concrete.
.
Openings in walls such as arcades or breezeways should have vertically proportioned
openings (see following section on "Openings").
Acceptable Materials for Exterior Walls
.
Clapboard wood siding (painted). Beaded siding is preferred.
.
Board and batten siding (painted).
.
Tongue and Groove vertical wood siding (painted).
.
A synthetic siding that resembles authentic horizontal wood siding (i.e. Hardiplank,
Cemplank) if criteria above met and approved by the Planning Department on a case-by-case
basis.
.
Shiplap vertical wood siding (painted).
.
Wood shingles (painted).
.
Brick that is consistent with the brick traditionally used in the District. All of these shall
have a buff or gray mortar. White mortar is not recommended.
Acceptable Colors for Exterior Walls
.
Wood siding and trim on buildings should be stained or sealed a natural earth tone or should
be painted using colors from the Martin Senour "Williamsburg" exterior paint colors or from
the Sherwin Williams "Preservation Palette", or an approved equivalent. The latter's
"Postwar Romanticism" selection is excluded from the approved colors. Painted siding and
trim should be limited to two colors unless additional colors are approved by the Planning
Department on a case-by-case basis.
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Unacceptable Materials for Exterior Walls
.
Metal siding that is exposed, galvanized, aluminum or other shiny metal materials.
.
Stucco and drivit.
.
Aluminum and vinyl siding.
.
Tile-faced or ceramic-faced masonry units.
.
Varnished, epoxy-finished or otherwise shiny materials.
.
White mortar.
Unacceptable Colors for Exterior Walls
.
Brick that is bright red, orangish-red, pink, light red, or other similar colors. Brick color
should be a through-the-body color.
.
Siding that is pink, bright silver, red, bright green blue, of a color that would draw attention
or be otherwise visually out of character with the area.
Openings
.
Openings include doors and windows and any associated elements such as shutters, awnings,
stonn doors, etc.
.
Entrance doors should be raised panel or some variation thereof. Windows, sidelights and
transoms in entrance doors are pennitted, provided they are proportioned and appropriate for
the specific style of building. Flush doors with applied trim are not pennitted.
.
Storm doors should be made of painted wood or anodized aluminum and have a full view
window. Stonn doors should relate to the architectural character of the entrance.
.
Screen doors should be made of wood with full view, shuttered, or appropriate for the
specific style of the building.
.
Garage doors, utility doors, and service doors should be painted wood or aluminum and
should correspond with the style of the dwelling.
Historic Kempsville Master Plan
D RAYr
December 14, 2005
36
.
Windows should be rectangular single, double, or triple hung or operable casement type.
Semi-circular, circular, or hexagonal windows are pennitted, but with minimal application.
Windows on the ground floor should be the same proportion but slight larger than windows
on the upper floors. Window openings in upper stories should be centered directly over
openings in the first story whenever possible. Openings in gable ends must be centered.
Window openings should be at least 2 feet from building comers. Total glazed area on the
street frontage should not exceed 30 percent of the total surface. Window muntins should be
true-divided lights or simulated true divided aluminum or vinyl-clad wood.
.
Windows contribute to the façade of a building and will be evaluated on: (1) the pattern of
the openings and their size; (2) proportions of the frame and sash; (3) configuration of
window panes; (4) muntin profiles; (5) material; (6) paint color; (7) characteristics of the
glass; and (8) details or decorative elements. If windows are divided then exterior muntins
are required in the District.
.
Windows for buildings listed on the City's Listing of Historic Structures shall meet the
following criteria in the order listed:
1.
Restore original, i.e., repair existing sash and frames -careful repair is always the fll'St
choice.
2.
Copies of original, i.e., replace existing sash and frames with duplicates in wood
following the early fonn and details.
3.
Replacement, i.e., with single-glazed wooden windows of the same fonn and details
but with energy panels set on the inside. The energy panels can be secured with
Velcro or magnets to the inner frame.
4. Replacement, i.e., with double insulated wooden sash with true-divided lights, using
other than mill (silver) finish. The frames and sash arrangements (proportion and size of
panes) should match the early sash.
.
Shutters should be made of wood (painted), operable including appropriate hardware, and
sized to fit the opening. Shutters should not appear to be attached pennanently to the wall.
The use of vinyl shutters is not appropriate.
.
Fabric awnings on residential buildings should be made of canvas or other similar fabric and
should have side panels. Aluminum awnings are not appropriate.
Historic Kempsville Master Plan
D RAFr
December 14, 200:;
37
.
Fabric awnings on commercial buildings should be made of canvas or other similar fabric
(aluminum awnings are not recommended) and should have side panels.
.
Openings in porches or arcades should always be vertically proportioned.
Roofs
.
The types of wood-framed roofs typically fall into categories of symmetrical gables,
gambrels, or hip roofs. Gables are the most prevalent. Primary roofs should have slopes no
less than 8:12. Secondary roofs may have slopes less than 8: 12 depending on the material
used (i.e. metal roof over porches can be less than 8:12, whereas a shingled roof should not
be less than 8: 12). Flat roofs should be used only as occupiable areas directly accessible
from outdoors. These should have appropriate parapets or railings.
.
Steep gable roofs with pitches in excess of 2:14 shall not be used.
.
Single plane pitched roofs for structures shall not be used on the main structure but can be
used on wings.
.
Roofs over secondary entrances shall be shed roofs supported by wooden brackets.
.
Donners should have gabled, hipped, or shed roofs.
.
Roof materials should be wood shingles, architectural grade fiberglass shingles or
cementitious shingles. Metal roofs are recommended for porch roofs or other ancillary
elements. Metal should be copper or gavalume type. Colored anodized metal roofs should
be gray or other neutral tones. Flashing may be copper, vinyl or anodized aluminum. (Note:
copper roofs, gutters, and flashing should not be painted or sealed but should be pennitted to
age naturally). Gutters and downspouts should be made of copper or anodized aluminum and
may be half-round or ogee. Where gutters are not used, it is recommended that brick or
gravel be placed at the drip line.
.
Gable roof ends should have a minimum overhang of 12 inches.
.
Roof penetrations should be on the rear slope of roofs and painted to match the color of the
roof. Skylights should be flat and mounted on the rear slope of the roof and should not be
visible from any public area.
Historic KempsYille Master Plan
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December 14, 2005
38
Acceptable Roofing Materials
.
Wood shingles that are pennitted to weather naturally.
.
Treated wood shingles or shakes, which have a natural gray color.
.
Standing seam copper roofs that are pennitted to weather naturally.
.
Architectural grade (includes dimensional shingles) fiberglass shingles with texture from the
range of colors represented by the T AMKO Heritage Premium fiberglass shingle color series,
or an approved equivalent, does not need to be reviewed by the Planning Department.
.
Slate medium gray or charcoal color.
.
Textured concrete shingles in gray or buff-gray color.
.
Standing seam metal roofs, which are medium gray, dark gray, grayish brown, black,
charcoal gray, or dark grayish-brown. Colors should be soft earth tone, of medium to dark
value with low reflectivity.
.
Roof vents, metal chimneys, metal chimney caps, and plumbing vents should match the color
of the roof be black, dark gray, or bronze in color.
.
Plastic vents should be painted to match the roof and should be on the back side and not on
the street side.
.
Skylights should have black, bronze, or gray trim. Skylights should not be placed on the
front elevation.
Unacceptable Roofing Material
.
Shiny metal roofs.
.
Shiny metal, exposed aluminum or exposed galvanized metal roofs.
.
Metal roofs of the following colors: white, light tan, pink, red, maroon, light blue, medium
blue, dark blue, bright green, medium gray, orange, brownish-orange, etc. Metal roofs that
attract attention by their color, contrast, brightness, and reflectivity are discouraged.
.
Ceramic or synthetic ceramic roofing tiles.
Historic Kempsville Master Plan
D BAFr
December 14, 200:i
39
.
Metal shingles or stamped metal decorative roofing panels.
.
Flat roofs.
.
Plastic, vinyl or other high visibility synthetic roofs.
.
Shiny metal roof vents, fireplace stacks, plumbing vents, or other pipes.
Chimneys
.
Chimneys can be used but are not required. They should be constructed of brick (unpainted)
or if constructed with the same material as the siding of the building, painted to match the
building. Stucco is not pennitted. Chimneys should be capped to conceal spark arresters.
Primary chimneys should be rectilinear in plan and are preferred to have a corbelled
tennination in keeping with existing types.
Porches
.
Porches are another common element traditionally found on buildings that were located in
the District.
.
In general, porches with a narrow frontage should be no less than 6 feet deep, while porches
with a wide frontage should be at least 8 feet deep. Screened porches must be framed with
painted wood and located on the side or rear of structures. Lighting on porches should be
discrete.
Columns, Posts
.
Columns are preferred to ,be Tuscan or Doric orders, although other types exist within the
area. When used, columns should have correct proportions and profiles as described in The
American Vignola. Nothing should be attached to columns. Columns should be made of
wood, although certain grades of fiberglass columns are acceptable. Flagpoles less than 6
feet long may be mounted at an angle to building walls.
.
All posts should be no less than 5 x 5 inches and have chamfered comers.
.
Columns and posts should be sealed with paint or opaque stain.
Historic Kempsville Master Plan
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December 14, 2005
40
Decks, Terraces
.
Modem designed decks are not appropriate in this district.
.
Brick or wooden terraces or open porches are more appropriate and should be designed to
match the style of building.
.
Terraces and open porches should be painted or stained to match the main building.
Stoops
.
Stoops at secondary entrances should be made of brick or concrete. If made of concrete, the
sidewalls and stair risers should be made of brick. As stated above, roofs with overhanging
stoops are typically shed-type roofs supported by wooden brackets.
Railings
.
Railings should have top and bottom rails and spindles or balusters are to be vertical and
centered on the top and bottom rails. Spaces between wood rails should be tighter than on
metal rails in order to meet the Building Code. Top rails of wood railings should have an
eased profile, while the bottom rail profile may be rectangular. Wood railings should be
sealed with paint or opaque primer.
Outbuildings
.
Outbuildings are pennitted and shall confonn to standard property line setback requirements.
.
Outbuildings should meet the same criteria for the main building (i.e. walls, openings and
roof).
.
If not constructed of brick, outbuildings should be painted or stained to match the main
building.
.
Metal outbuildings are not pennitted.
Structural Siting
.
First-story floors should be raised above sidewalk grade a minimum of 2 feet, except for
garages that may be at grade.
Historic Kempsville Master Plan
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December 14, 2005
41
.
Exterior light fIXtures should be compatible with existing types and placed so that they do not
create glare for adjacent properties.
.
Pre-fab storage sheds shall not be pennitted.
.
Equipment such as HV AC units, utility meters, direct- vent fireplaces, dumpsters, utility
service areas, etc. should be placed in the rear yard.
Fences
.
Fences should contribute to the site's character and not detract from the site's principal
architectural features and should be compatible with adjacent sites in the District. Fences
should be constructed of materials similar to existing materials used for the structures on the
site and within the surrounding District.
.
Fences are discouraged which disrupt the hannony of the street setting by breaking up
established architectural rhythms.
.
Wood, aluminum or wrought iron fences that are in keeping with the scale of fences in the
District are pennitted.
.
Salt-treated wooden fences should be painted or stained.
.
Wrought iron is more appropriate as architectural ornamentation and as fencing for large
parcels of land.
.
Chain-link, wire, plastic, and vinyl fences are discouraged.
Other Site Elements
.
Site elements should contribute to the site's character and not detract from the site's principal
architectural features and should be compatible with adjacent sites in the District.
.
Materials for driveways and walkways should be similar to existing materials within the site
and within the surrounding District.
.
Mechanical equipment, utilities and trash facilities should be located unobtrusively on the
site in side and rear yards and should be screened if they are visible from the street and
adjacent properties by a fence or appropriate vegetation.
Historic Kempsville Master Plan
D RAFr
December 14, 2005
42
APPENDIX 2
RECOMMENDED VEGETATION LISTS
DECIDUOUS SHRUBS
Botanical Name
Berberis thungergii
Buddleia davidii
Calycanthus floridus
Chaenomeles
Clethra alnifolia
Deutzia gracilis
Euonymus alatus
Exochorda racemosa
Forsythia intennedia
Hamamelis
Hibiscus syriacus
Hydrangea
Hydrangea
Hex Verticillata
J asminum nudiflorum
Potentilla fruticosa
Punica granatum
Rhododendron
Siraea
Syringa
Viburnum
Weigela florida
(up to 15 feet in height at maturity)
Common Name
Japanese Barberry
Butterfly Bush
Carolina Allspice
Flowering Quince
Sweet Pepperbush
Slender Deutzia
Winged Euonymus
Pearl Bush
Forsythia
Witchhazel
Rose of Sharon
Bigleaf Hydrangea
Winter Berry
Winter Jasmine
Bush Cinquefoil
Pomegranate
Azalea
Bridalwreath Spirea
Lilac
Koreanspice Viburnum
Crimson Weigela
Historic Kempsville Master Plan
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December 14, 200:;
43
EVERGREEN SHRUBS
Botanical Name
Abelia grandiflora
Aucuba japonica
Berberis Julianae
Buxus sp.
Camellia sp.
Cotoneaster horizontalis
Daphne odora
Fatsia japonica
Gardenia jasminoides
Hex sp.
Juniperus sp.
Kalmia latifolia
Ligustunn sp.
Mahonia sp.
Nandina domestica
Pieris japonica
Pinus mugo
Pittosporum tobira
Pyracantha coccinea
Raphiolepis indica
Rhododendron
Viburnum sp.
(up to 15 feet in height at maturity)
Common Name
Glossy Abelia
Japanese Aucuba
Wintergreen Barberry
Boxwood
Camellia
Rockspray Cotoneaster
Fragrant or Winter Daphne
Japanese Fatsia
Cape Jasmine
Holly
Juniper
Mountain Laurel
Privet
Hollygrape
Nandina
Japanese Adromeda
Mugo Pine
Pittosporum
Pyracantha
Indian Hawthorn
Azalea
Viburnum
Historic Kempsville Master Plan
D RAF"r
December 14, 2005
44
lARGE DECDUOUS
TREES
Botanical Name
(40 feet and higher at maturity)
Common Name
Acer rubrum 'October Glory' October Glory Red Maple
Acer Saccharum Sugar Maple
Aesculus hippocastanum Horse Chestnut
Carya illinoiensis Pecan
Celtis occidentalis Common Hackberry
Fagus sylvatica European Beech
Fagus grandifolia American Hackberrry
Fraxinus pennsylvanica Green Ash
Gleditsia triacanthus Shademaster thornless honey locust
'inennus' 'Shademaster'
Liquidambar styraciflua
Liriodendron tulipifera
Nyssa sylvatica
Plantanus occidentalis
Quercus coccinea
Quercus fa1cata
Quercus macrocarpa
Quercus michauxii
Quercus nigra
Quercus phellos
Quercus velutina
Taxodium distichum
Tilia cordata
Ulmus parvifolia
Zelkova serrata
'Village Green'
Sweet Gum
Tulip Poplar
Sour Gum
American Sycamore
Scarlet Oak
Southern Red Oak
Bur Oak
Chestnut Oak
Water Oak
Willow Oak
Black Oak
Bald Cypress
Littleleaf Linden
Chinese Elm
Village Green Zelkova
Historic Kempsville Master Plan
D RAFT
December 14, 200ð
45
LARGE EVERGREEN
TREES
Botanical Name
Cedrus atlantica
Cedrus deodara
Cupressocyparis leylandii
Chamaecyparis thyoides
Magnolia grandiflora
Magnolia virginiana
Pinus elliotti
Pinus nigra
Pinus palustris
Pinus strobus
Pinus taeda
Pinus thunbergiana
Quercus laurifolia
Darlingtonia'
Quercus virginiana
Thuja occidentalis
Tsuga caroliniana
(40 feet and higher at maturity)
Common Name
Atlas Cedar
Deodara Cedar
Leyland Cypress
Whitecedar
Southern Magnolia
Sweet Bay Magnolia
Slash Pine
Austrian Pine
Longleaf Pine
White Pine
Loblolly pine
Japanese Black Pine
Darlington Oak
Live Oak
Arborvitae
Carolina Hemlock
Historic Kempsville Master Plan
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December 14, 200:)
46
SMALL DECIDUOUS
TREES
Botanical Name
Acer ginnala
Amelanchier canadensis
Aralia spinosa
Betula nigra
Carpinus caroliniana
Cercis canadensis
Chionanthus virginicus
Cornus florid a
Cornus Kousa
Cornus mas
Cotinus coggyria
Crataegus phaenopyrum
Franklinia altamaha
Hamamelis virginiana
Koelreuteria paniculata
Laburnum anagyroides
Lagerstroemia indica
Magnolia soulangeana
Magnolia stellata
Magnolia virginiana
Malus floribunda
Oxydendrum arboreum
Prunus cerasifera
'Atropurpurea'
Prunus serrulata 'Kwanzan'
Prunus virginiana
Stewartia ovata
Styrax japonicus
Vitex agnus-castus
(15 to 35 feet at maturity)
Common Name
Amur Maple
Service Berry
Devil's Walkingstick
River Birch
American Hornbeam
Eastern Redbud
White Fringe Tree
Flowering Dogwood
Japanese Dogwood
Cornelian Cherry
Smoke Tree
Washington Hawthorn
Franklinia
Virginia Witch Hazel
Golden Rain Tree
Golden Chain Tree
Crape Myrtle
Saucer Magnolia
Star Magnolia
Sweet Bay Magnolia
Flowering Crabapple
Sourwood
Purple-Leaf Plum
Kwanzan Cherry
Chokeberry
Mountain Stewartia
Japanese Snowbell
Chaste Tree
Historic Kempsville Master Plan
D RAFT
December 14, 2005
47
SMALL EVERGREEN
TREES
Botanical Name
Eribotrya japonica
Hex aquifolium
Hex cassine
Hex latifolia
Hex 'Nellie R. Stevens'
Hex opaca
Hex opaca 'East Palatka'
Hex opaca 'Fosteri'
Hex pemyi
Hex vomitoria
Illicium anisatum
Juniperus communis
'hibernica'
Juniperus virginiana
'cannaertii'
Ligustrum japonicum
Osmanthus fragrans
Osmanthus fragrans
Osmanthus heterophyllus
Photinia fraseri
Podocarpus macrophylla
Prunus caroliniana
Quercus acuta
Thuja occidentalis
Platycaldus orientalis
(15 to 35 feet at maturity)
Common Name
Loquat
English Holly
Dahoon Holly
Lusterleaf Holly
Nellie R. Stevens Holly
American Holly
East Palatka Holly
Foster's American Holly
Pemyi Holly
Yaupon Holly
Anisetree
Irish Juniper
Cannaert Juniper
Wax Ligustrum
Fortune's Osmanthus
Fragrant Tea Olive
Holly Osman thus
Fraser Photinia
Yew Podocarpus
Carolina Cherry-Laurel
Japanese Evergreen Oak
Pyramidal Arborvitae
Oriental Arborvitae
Historic Kempsville Master Plan
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December 14, 200:'
48
VINES AND
GROUNDCOVERS
Botanical Name
Ajuga reptans
Clematis sp.
Cotoneaster dammeri
Euonymus fortune
Fragaria chiloensis
Hedera sp.
Hemerocallis sp
Hosta sp.
Hypericum calycinum
Iberis sempervirens
Juniperus sp.
Liriope sp.
Lonicera sempervirens
Pachysandra tenninalis
Parthenocissus sr.
Phlox sr.
Rosa sp.
Smilax Lanceolata
Vinca sp.
Vitis rotundifolia
Wisteria sp.
Common Name
Bugleflower
Clematis
Bearberry Cotoneaster
Wintercreeper
Strawberry
Ivy
Daylilly
Plantain Lilly
Aaronsbeard
Candytuft
Juniper
Lilyturf
Trumpet Honeysuckle
Spurge
Ivy
Thrift
Rose
Greenbrier
Periwinkle
Muscadine Grape
Wisteria
Historic Kempsville Master Plan
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Deœmber 14, 2005
49
Historic Kempsville Master Plan
D RAFr
December 14, 2006
50
APPENDIX 3
CITY ZONING ORDINANCE AMENDMENTS AND
OTHER ORDINANCES
The following amendments to the City Zoning Ordinance are recommended for adoption to allow for
implementation of the goals and recommendations of the Historic Kempsville Area Master Plan.
These amendments are recommended for adoption at the earliest possible date in order to help ensure
that new development projects begin to implement the goals and recommendations of the Plan in
advance of or in harmony with planned transportation enhancements in the area.
The proposed amendments to Section 102 of the City Zoning Ordinance establish the B-4K
Historic Kempsville Area Mixed Use District and the Historic Kempsville Area Overlay District.
The proposed amendments to Article 9 of the City Zoning Ordinance:
. describe the legislative intent underlying the B-4K Historic Kempsville Area Mixed Use
District and establish its general boundaries;
. set forth the use regulations applicable n the B-4K Historic Kempsville Area Mixed Use
District;
. make technical amendments to the fonnat of a portion of the section, establish
dimensional requirements (setbacks, minimum lot size, etc.) applicable in the B-4K
Historic Kempsville Mixed Use District;
. establish landscaping screening and buffering requirements applicable in the B-4K
Historic Kempsville Mixed Use District;
. establish height regulations for buildings and structures in the B-4K Historic Kempsville
Area Mixed Use District;
. establish sign regulations for uses within the B-4K Historic Kempsville Area Mixed Use
District; and
. establish off-street parking regulations for uses within the B-4K Historic Kempsville
Area Mixed Use District.
The proposed amendment to add a new Article 20 to the City Zoning Ordinance:
. states the findings and intent underlying the creation of the Historic Kempsville Area
Overlay District;
. designates the boundaries of the District by reference to the official zoning map;
Historic Kempsville Master Plan
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December 14, 200:;
51
.
sets forth general rules regarding the application of the regulations pertaining to the
Overlay District, with rules that are similar to those used in other Overlay Districts within
the City (e.g., Shore Drive Corridor, Laskin road Gateway);
sets forth use regulations (principal, accessory and conditional uses) applicable in the
Overlay District, and except as specifically provided, the pennitted uses are the same as
those in the underlying zoning district; and
sets forth dimensional requirements, density restrictions and landscaping requirements in
the Overlay District, and also provides that the dimensional requirements for property
within the Overlay District that is zoned B-4K (HK) Mixed Use District are set forth in
Article 9 (Business Districts) of the City Zoning Ordinance.
.
.
An ordinance to amend the Official Zoning Map by the designation and incorporation of the Historic
Kempsville Area Overlay District fonnally designates the area for Historic Kempsville for regulatory
purposes set forth in the City Zoning Ordinance.
An ordinance to amend the Comprehensive Plan by the incorporation of the Historic Kempsville
Area Master Plan fonnally adopts the Historic Kempsville Plan as official City policy concerning
land use related issues in the Historic Kempsville area.
Historic Kempsville Master Plan
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December 14, 200ð
52
21
22
23
24
25
26
27
1
2
3
4
AN ORDINANCE ESTABLISHING THE B-4K
HISTORIC KEMPSVILLE AREA MIXED USE
DISTRICT AND THE HISTORIC KEMPSVILLE
AREA OVERLAY DISTRICT
5
6
7
8
SECTION AMENDED:
§ 102
Ci ty Zoning Ordinance
WHEREAS, the public necessity, convenience, general welfare
9
and good zoning practice so require;
10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11
BEACH, VIRGINIA:
12
That Section
102 of
the City Zoning Ordinance
is hereby
13
amended and reordained, to read as follows:
14
Sec. 102. Establishment of districts and official zoning maps.
15
(a) In order to carry out the purposes and provisions of
16
this ordinance, the following districts are hereby established
17
and are hereby listed in order from most restrictive to least
18
restrictive:
19
( 1 )
Preservation District. The Preservation District shall
20
consist of:
P-l Preservation District
(2 )
Agricultural
Districts.
The
Agricultural
Districts
shall consist of:
AG-l Agricultural District
AG-2 Agricultural District
( 3)
Residential
Districts.
Residential
Districts
shall
consist of:
Historic Kempsville Master Plan
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December 14, 2005
53
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
R-40 Residential District.
R-30 Residential District
R-20 Residential District
R-15 Residential District
R-I0 Residential District
R-7.5 Residential District
R-5D Residential District
R-5R Residential District
R-5S Residential District
R-2.5 Residential Townhouse District
( 4 )
Apartment Districts. Apartment Districts shall consist
of:
A-12 Apartment District
A-18 Apartment District
A-24 Apartment District
A-36 Apartment District
(5 )
Hotel District. The Hotel District shall consist of:
H-l Hotel District
(6 )
Office Districts. The Office Districts shall consist
of:
0-1 Office District
0-2 Office District
(7 )
Business Districts. Business Districts shall consist
of:
2
Historic Kempsville Master Plan
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December 14, 2005
54
"
52
B-1 Neighborhood Business District
53
B-IA Limited Community Business District
54
B-2 Community Business District
55
B-3 Central Business District
56
B-3A Pembroke Central Business Core District
57
B-4 Mixed Use District
58
B-4C Central Business Mixed Use District
59
B-4K Historic Kempsville Area Mixed Use District
60
( 8 )
Industrial Districts. Industrial Districts shall
61
consist of:
62
I-I Light Industrial District
63
I-2 Heavy Industrial District
64
(9 )
[ Reserved]
65
(10) Planned Development Districts. The Planned Development
66
Districts shall consist of:
67
PD-Hl Planned Unit Development District
68
PD-H2 Planned Unit Development District
69
(11) Historic and Cultural District. The Historic and
70
Cultural District shall consist of:
71
Historic and Cultural District
72
(12) Resort Tourist Districts. The Resort Tourist Districts
73
shall consist of:
74
RT-4 Resort Tourist District
75
RT-3 Resort Tourist District
3
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December 14, 200:S
S5
76
RT-2 Resort Tourist District
77
RT-1 Resort Tourist District
78
(a1)
In addition to thc diatricta cnufficratcd in auDacction
79
(û), thcrc There is hereby established the Shore Drive Corridor
80
Overlay
District.
district
designated
the
shall
be
Such
on
81
official
zoning
notation
following
the
by
the
"( SD)"
map
82
designation
underlying
zoning
district.
an
As
of
the
83
illustration,
in
Drive
Corridor
Overlay
the
Shore
property
84
District and in the B-4 Mixed Use District shall be designated
85
official
having
the classification
"B-
zoning map
the
as
on
86
4 (SD)."
87
(a2) In addition to tac diatrictG cnufficratcd in auDacction
88
«(1), thcrc There is hereby established, as an overlay district
89
within the RT-3 Resort Tourist District, the Laskin Road Gateway
90
District.
district
designated
the
shall
be
Overlay
Such
on
91
official zoning map as "RT-3(LRG)."
92
There is hereby established the Old Beach Overlay
(a3)
93
district
designated
official
District.
on
the
Such
shall
be
94
zoning map by the notation" (OB)" following the designation of
95
the underlying zoning district. As an illustration, property in
96
Residential
District
and
in
the
Old
Beach
Overlay
the
R-SD
97
Duplex District shall be designated on the official zoning map
98
as having the classification "R-5D(OB)."
4
Historic Kempsville Master Plan
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December 14, 2006
56
100
101
102
103
104
105
106
10~
108
109
110
111
112
113
114
99
is
~ There
hereby established the
Historic Kempsville
Area Overlay District. Such district shall be designated on the
official
zoning
by
the
notation
following
"(HK) "
the
map
designation
of
the
underlying
zoning
district.
As
an
illustration, property in the Historic Kempsville Area Overlay
District and in the B-2 Community Business District shall be
designated
the
official
zoning
having
the
on
map
as
classification "B-2(HK)."
COMMENT
The amendments establish the B-4K Historic Kempsville Area Mixed Use District and the
Historic Kempsville Area Overlay District.
Adopted by the
Council
of
City
the
Virginia
of
Beach,
Virginia, on the
day of
, 2005.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Planning Department
City Attorney's Office
CA-9837
H:\OID\OrdRes\HKA See 102 ordin.doc
R-2
December 2, 2005
5
Historic Kempsville Master Plan
D RAFr
December 14, 200ð
57
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE ESTABLISHING THE LEGISLATIVE
INTENT, USE REGULATIONS, DIMENSIONAL
REQUIREMENTS, LANSDSCAPE SCREENING AND
BUFDFERING REQUIREMENTS, HEIGHT REGULATIONS,
SIGN REGULATIONS AND OFF-STREET PARKING
REQUIREMENTS IN THE B-4K HISTORIC KEMPSVILLE
AREA MIXED USE DISTRICT
Sections Amended:
Sections 900, 901,
906
City Zoning Ordinance
902, 903, 904, 905 and
WHEREAS, the public necessity, convenience, general welfare
15
and good zoning practice so require;
16
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
17
CITY OF VIRGINIA BEACH, VIRGINIA:
18
That Sections 900, 901, 902, 903, 904, 905 and 906 of the
19
Ci ty Zoning Ordinance is hereby amended and reordained to read
20
as follows:
21
22
23
24
25
26
27
ARTICLE 9. BUSINESS DISTRICTS
Sec. 900. Legislative intent.
The purpose of the B-1 Neighborhood Business District is to
28
provide areas where a limited range of business establishments
29
be
located
adjacent
residential
development
to
can
near
or
30
without adversely impacting the adjacent residential area. The
31
purpose of the B-IA Limited Community Business District is to
32
provide
where
limited
commercial
development
can
be
areas
33
dispersed
to
the
needs
of
nearby
residential
support
Historic Kempsville Master Plan
D RAFr
December 14, 2005
58
34
Business
neighborhoods.
of
B-2
Community
The
the
purpose
35
District is to provide land needed for community-wide business
36
This
general
intended
establishments.
district
is
for
37
application in the city. It is intended that, by the creation of
38
this
uses
will
be
geographically
district,
business
39
The purpose of the B-3 Central Business District
concentrated.
40
is
apart
that
city
which
portion
of
the
forms
the
to
set
41
metropolitan center for financial,
professional and
commercial,
42
business,
and
professional
activities,
including
cultural
43
in
complements
the
B-3A
cultural
development
that
a
manner
44
policies
Business
District
and
the
Pembroke
Central
Core
45
identified in the City of Virginia Beach Comprehensive Plan. It
46
is intended that any uses likely to create friction with these
47
proposed types of activities will be discouraged. This district
48
is not intended for general application throughout the city. The
49
purpose of the B-3A pembroke Central Business Core District is
50
to optimize development potential
for a mixed-use,
pedestrian-
51
oriented,
to
high-rise
activity
with
mid-
urban
center
52
including
contain
of
that
structures
types
numerous
uses,
53
business,
retail,
residential,
educational
cultural,
and other
54
district
to
public
is
intended
and
private
The
B-3A
uses.
55
comprise
publicly
accessible
community
open
space
areas,
56
generally reflective of the concepts
identified in the city's
57
Comprehensive
Business
District
and the pembroke
Central
Plan
2
Historic Kempsville Master Plan
D RAFI'
December 14, 2006
59
58
Master Plan. Requests for rezonings to the B-3A pembroke Central
59
Business Core District shall be limited within the area bound by
60
Independence
Boulevard,
Constitution
and
Jeanne
Street,
Drive
61
Norfolk-Southern
Railroad
right-of-way.
those
As
to
the
62
buildings and structures rendered nonconforming by a rezoning to
63
it is the intent of the City Council to encourage their
B-3A,
64
appropriate expansion or renovation by resolution,
as set forth
65
in
in
intent
this
section
to
effectuate
the
of
order
105,
66
section.
This district is not intended for general application
67
throughout the city. The purpose of the B-4 Mixed Use District
68
is to provide for retail and commercial service facilities and
69
residential uses in those areas of the city where a mixture of
70
such uses is desirable and recommended by the policies of the
71
Comprehensive
Central
Business
Plan.
The
of
the
B-4C
purpose
72
Mixed Use District is to provide an area that complements the B-
73
3A pembroke Central Business Core District through quality mixed
74
intensities
patterns
development
and
that
support
at
use
75
multiple modes of transportation,
higher residential densities,
76
and an integrated mix of residential and non-residential
uses
77
within
or
building
the
the
lot.
Requests
for
same
on
same
78
rezonings to the B-4C Central Business Mixed Use District shall
79
limi ted to the
be
area
surrounding the B-3A pembroke Central
80
Business Core District and generally bounded by Thalia Creek on
81
the east,
Interstate 264 on the south, Aragona Boulevard on the
3
Historic Kempsville Master Plan
D~
December 14, 200:;
60
100
101
102
103
104
105
106
107
82
and
west,
Jeanne
Street
and
Broad
the
Street
north.
on
83
Development within the B-4C Central Business Mixed Use District
84
should adhere to the Comprehensive Plan's Mixed Use Development
85
Guidelines.
The purpose of the B-4K Historic Kempsville Area
86
Mixed Use District is to provide an area that complements the
87
adjoining residential
neighborhoods
through
quali ty mixed use
88
development at intensities
and patterns that
support multiple
89
modes of transportation,
higher residential densities,
and an
90
integrated mix of
residential and non-residential uses within
91
the same building or on the same lot.
Rezonings to the B-4K
92
Historic Kempsville Area Mixed Use District shall be limited to
93
property within the area generally bounded by Kempsville Heights
94
and Kempsville Lake to the north, Cedar Run Canal to the south,
95
Kempsville Gardens and Kempsville Manor to the east, and Eastern
96
Branch of the Elizabeth River to the west.
Development within
97
the
Historic
B-4K
Kempsville
Mixed
District
Area
shall
Use
98
conform
the
Comprehensive
to
Plan's
Mixed
Use
Development
99
Guidelines and the Historic Kempsville Area Master Plan or, in
the
of
conflict,
event
shall
conform
to
the
Historic
a
Kempsville Area Master Plan.
COMMENT
The amendments describe the legislative intent underlying the B-4K Historic Kempsville
Area Mixed Use District and establish its general boundaries.
4
Historic Kempsville Master PI8Il
D RAFr
December 14, 2006
61
108
109
110
111
112
113
114
115
116
117
118
(a)
principal
Sec. 901. Use regulations.
The
and condi tional
following
chart
uses.
lists those uses permitted within the B-1 through B-4 Business
Districts. Those uses and structures in the respective business
districts shall be permitted as either principal uses indicated
structures
indicated
by a "P" or as conditional uses indicated by a "C." Uses and
"X"
respective
districts.
by
prohibited
the
in
shall
be
an
No
other
as
than
structures
uses
or
specified shall be permitted.
Use
Animal hospitals,
veterinary
establishments,
pounds, shelters,
commercial
kennels, provided
all animals shall
be kept in
soundproofed,
air-conditioned
buildings
Antennas,
building-mounted
Auditoriums,
assembly halls,
and union halls
Automobile repair
garages and small
engine repair
establishments,
provided that all
repair work shall
be performed
within a building
Historic Kempsville Master Plan
B-1
B-2
B-4C
B-4K
B-3
B-4
B-3A
B-IA
p
p
p
p
p
p
p
p
x x p p p p p x
x c p p p p p x
x x c X x C x x
5
D RAFT
December 14, 2006
62
Use
Automobile repair
establishments
dealing
exclusively in
minor repairs of
the type provided
at automobile
service stations
Automobile
service stations;
provided that,
where there is an
adjoining
residential or
apartment
district without
an intervening
street, alley or
permanent open
space over
twenty-five (25)
feet in width and
where lots
separated by a
district boundary
have adjacent
front yards,
Category VI
screening shall
separate the
automobile
service station
use from the
adjacent
residential
district or
apartment
district and no
ground sign shall
be within fifty
(50) feet of the
residential
district or
apartment
district
B-1
B-1A
x
x
B-2
x
x
6
B-3
c
C
B-3A
B-4
B-4C
B-4K
c
x
c
x
x
c
x
c
x
x
Historic Kempsville Master Plan
D RAFr
December 14, 2005
63
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Bakeries, p p p p p p p p
confectioneries
and
delicatessens,
provided that
products prepared
or processed on
the premises
shall be sold
only at retail
and only on the
premises
Bed and breakfast X X X X X C X C
inns
Beverage X X P P X P P X
manufacturing
shops, which
shall not exceed
three thousand
(3,000) square
feet in floor
area
Bicycle and moped X X X X X C X X
rental
establishments
Bingo halls X X C X X C X X
Boat sales X X P X X P X X
Body piercing X X C X X X X X
establishments
Borrow pits X X C X X X X X
7
Historic Kempsville Master Plan
D RAFr
December 14, 2005
64
B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K
Use
Bulk storage X X C X X X X X
yards and
building
contractors
yards; provided
that no sale or
processing of
scrap, salvage or
secondhand
material shall be
permitted in such
yards; and,
provided further
that such storage
yards shall be
completely
enclosed except
for necessary
openings in
ingress and
egress by a fence
or wall not less
than six (6) feet
in height
Business and X C C C C C C X
vocational
schools which do
not involve the
operation of
woodwork shops,
machine shops or
other similar
facilities
Business studios, P p P P P P P P
offices and
clinics
8
Historic Kempsville Master Plan
D RAFI'
December 14, 200:»
65
B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K
Use
Car wash X X C C C C X X
facilities,
provided that:
( i) no water
produced by
activities on the
zoning lot shall
be permitted to
fall upon or
drain across
public streets or
sidewalks or
adjacent
properties; (ii)
a minimum of
three (3) off-
street parking
spaces for
automobiles shall
be provided for
each car wash
space within the
facility
Child care and C C P P P P P C
child care
education centers
Churches X C C C C C C C
Colleges and X C C C C C C X
universities,
public or private
Conunercial X X P P P P P C
parking lots,
parking garages,
parking
structures and
storage garages
9
Historic Kempsville Master Plan
D RAFr
December 14, 2006
66
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Commercial X X C C P C P X
parking gar-ages
and storage
garages which
include car wash,
car rental or car
detailing
services when
wholly enclosed
within a parking
structure and
accessory thereto
Commercial X X C C C P C X
recreation
facilities other
than those of an
outdoor nature
Dormitories for X X X X X C X X
marine pilots
Drugstores, p p p p p p p p
beauty shops and
barbershops and
other similar
personal service
establishments.!..
provided that
drive-through
windows shall not
be allowed in the
B-4K District
Dwellings, X X X X P X P
Attached
Dwellings, Multi- X X X X C P C C
family
10
Historic KempSYille Master Plan
D RAFT
December 14, 2006
67
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Eating and X X X X P X P P
drinking
establishments
without drive-
through windows,
when not
freestanding and
incorporated
inside a mixed
use building,
except as
otherwise
specified in this
section
Eating and X X P P X P X X
drinking
establishments
with drive-
through windows,
except as
specified below
Eating and P P P P X P X X
drinking
establishments
without drive-
through windows,
except as
specified below
Eating and X X C C C C C C
drinking
establishments
where all three
of the following
occur:
1. Alcoholic
beverages are
served;
2. The
establishment is
located within
five hundred
(500) feet of a
residential or
apartment
district;
11
Historic Kempsville Master Plan
D RA.F'r
December 14, 2005
68
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
3. The
establishment
excludes persons
on the basis of
age during any
part of the day,
or provides
entertainment,
audible from an
adjoining
property.
Fiber-optics X C C C C X C X
transmission
facilities
Financial p p p p p p p p
institutionsi...
provided, that
drive-through
windows shall not
be allowed in the
B-4K District
Flea markets X X C C C C C X
Florists, gift p P P P P P P P
shops and
stationery stores
Funeral homes X p P P X P X X
Furniture repair X p P P X P X X
and upholstering,
repair services
for radio and
television and
household
appliances other
than those with
gasoline engines;
carpet and
linoleum laying;
tile setting,
sign shops and
other small
service
businesses
Greenhouses and X p P X X P X X
plant nurseries
12
Historic Kempsville Master Plan
D RAFI'
December 14, 200ð
69
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Grocery stores, C C P P X P X X
carry-out food
stores and
convenience
stores all being
both freestanding
and in a
structure with a
gross floor area
of less than five
thousand (5,000)
square feet
Grocery stores, X X P P C P C X
carry-out food
stores and
convenience
stores whether or
not freestanding,
but in a
structure of a
gross floor area
of not less than
five thousand
(5,000) square
feet
Grocery stoIões, P P P P C P C C
carry-out food
stores and
convenience
stores any of
which are not
freestanding but
in a structure
with a gross
floor area of
less than five
thousand (5,000)
square feet
Heliports and X X C C C C C X
helistops
Home occupations X X X X C C C C
13
Historic Kempsville Master Plan
D RAFr
December 14, 2006
70
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Housing for C C X X C C C C
seniors and
disabled persons
or handicapped,
including
convalescent or
nursing;
maternity homes;
child care
centers other
than covered
under permitted
principal uses
hereinabove,
provided that the
maximum height
shall not exceed
one hundred
sixty-five (165)
feet; provided,
however, that no
structure shall
exceed the height
limit established
by section 202(b)
regarding air
navigation
Hospitals and X X C C C C C X
sanitariums
Hotels and motels X X X P P P P X
14
Historic Kempsville Master Plan
D RAFr
December 14, 2006
71
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Hotels and motels X X X X X C X X
with increased
lodging unit
density and
height, provided
that the maximum
density shall be
one hundred
twenty (120)
lodging units per
acre, the minimum
lot area shall be
one (1) acre and
the maximum
height shall be
one hundred (100)
feet;
notwithstanding
the above, no
structure shall
exceed the height
limit established
by section 202(b)
regarding air
navigation
Laboratories and X X P P P P P P
establishments
for the
production and
repair of eye
glasses, hearing
aids and
prosthetic
devices
Laundry and dry P P P P P P P P
cleaning agencies
Liquor stores, P P P P P P P P
package only
Marinas, X X C C X C X X
commercial
Medical and P P P P P P P P
dental offices
and clinics
Medical X X P P P P P P
laboratories
15
Historic Kempsville Master Plan
D RAFT
December 14, 2005
72
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Mini-warehouses X C C C X C X X
Mobile home sales X X C X X X X X
Motor vehicle X X C C X C X X
sales and rental,
provided the
minimum lot size
is twenty
thousand (20,000)
square feet; and
provided further,
that truck and
trailer rentals
shall comply with
the provisions of
section 242.2
Motor vehicle X X X X P X P X
sales and rental,
provided such use
is wholly
enclosed within a
building, and
further provided
that no outdoor
use accessory to
or in conjunction
with the
principal use
shall be allowed
Museums and art C P P P P P P P
galleries
Newspaper X P P P P P P P
printing and
publishing, job
and commercial
printing
16
Historic Kempsville Master Plan
D RAFr
December 14, 2006
73
Use
Off-site parking
facilitiesL
subject to the
provisions of
subsection (c)
for any use
,Ji thin the B 3,
I3 3.'\. or B 4 C
Di::;tricto may he
permitted on any
zoning lot within
any of tho::;c
thrcc (3)
diotricto,
pro.;ideei all of
the follmlia'3
rcquircmento are
mct: (a)
Ctructureo for
parking
facilitieo shall
conform to the
regulationo of
thc diotrict in
,;hich located;
(b) Off site
parking
facilitieo ohall
be located within
onc thouoaaei fivc
hundrcd (1,500)
feet from the uoe
they are iatendcd
to ::;erJC, hut in
no caoe ohall any
ouch facility he
located oppooite
'.'irginia Beach
Boulcì;ard and
Independence
Boulevard unlcoo
graàe separated
pedestrian acceoo
io pro.;idcd, (c)
Off oitc. par],ing
Historic Kempsville Master Plan
B-1
B-2
B-3
B-3A
B-4
B-4K
B-4C
B-1A
x
x
x
p
p
x
p
x
17
D RAFr
December 14, 2005
74
Use
otructureo
oerving uoeo
'I.:i thin the B 3l\.
Diotrict ohall
not be oeparated
by Independence
Boulevard; (d) l\.
'I./ritten agreement
aoouring
continued
.:17.:1 ilabi li ty of
the number of
opaceo indic.:1ted
oh.:1ll be drmiR
.:1nd executed, and
a certified copy
of ouch agreement
oh.:1ll be recorded
'l.Jith the clerk of
the court. Cuch
.:1greement ohall
otipulate th3t,
if ouch apace io
not maint.:1ined or
apace ;:lCceptable
to the planning
director
aubatituted, the
U3e or ouch
portion of the
uae aG iG
deficient in
number of parking
opacea ahall be
diocontinucd. The
ûgrccHlcnt Ghall
be aubject to the
appro-Jill of the
city attorney
B-1
B-1A
B-2
B-3
B-3A
B-4
B-4C
B-4K
18
Historic Kempsville Master Plan
D RAFT
December 14, 200ð
75
B-1 B-IA B-2 B-3 B-3A B-4 B-4C B-4K
Use
Outdoor cafes P p P P P P P P
Outdoor plazas P P P P P P P P
Passenger X X C C C C C X
transportation
terminals
Passenger vessels X X C X X C X X
permitted by U.S.
Coast Guard
regulations to
carry more than
one hundred
forty-nine (149)
passengers and
used for
commercial
purposes
Personal service P P P P P P P P
establishments,
other than those
listed separately
Personal X C C C X C X X
watercraft
rentals
Private clubs, P P P P P P P P
lodges, social
centers,
eleemosynary
establishments
and athletic
clubs
Public buildings P P P P P P P P
and grounds
Public utilities P P P P P P P P
installations and
substations
provided storage
and maintenance
facilities shall
not be permitted;
and provided
further that
utilities
substations,
other than
19
Historic Kempsville Master Plan
D RAFr
December 14, 2005
76
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
individual
transformers,
shall be
surrounded by
Category IV
screening solid
except for
entrances and
exits; and
provided also,
transformer
vaults for
underground
utilities and the
like shall
require only
Category I
screening, solid
except for access
openings
Public utilities X X P P P P P P
offices
Public utility X X C C X C X X
storage or
maintenance
installations
Radio and X C C C C C C X
television
broadcasting
stations and
line-of-sight
relay devices
Recreational and X C C C C C C X
amusement
facilities of an
outdoor nature,
which may be
partially or
temporarily
enclosed on a
seasonal basis
with approval of
city council;
provided that, in
the development
20
Historic Kempsville Master Plan
D R.AFI'
December 14, 200ð
77
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
of such
properties,
safeguards are
provided to
preserve and
protect the
existing
character of
adjacent
properties,
except that
riding academies
and recreational
campgrounds shall
not be allowed as
a conditional use
or otherwise
Repair and sales P P P P P P P P
for radio and
television and
other household
appliances and
small business
machines
Retail X P P P P P P X
establishments,
other than those
listed
separately,
including the
incidental
manufacturing of
goods for sale
only at retail on
the premises;
retail sales and
display rooms and
lots, provided
that yards for
storage of new or
used building
materials or
yards for any
scrap or salvage
operations or for
21
Historic Kempsville Master Plan
D R.AFr
December 14, 2005
78
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
storage or
display of any
scrap, salvage or
secondhand
building
materials or
automobile parts
shall not be
allowed, further
provided that
adult book stores
shall be
prohibited from
locating within
five hundred
(500) feet of any
apartment or
residential
district, single-
or multiple-
family dwelling,
church, park, or
school
Satellite X X C C C X C X
wagering facility
Specialty shops C P P P P P P P
Storage garages X X P P X P X X
Tattoo parlors X X C X X X X X
Wholesaling and X X P C X X X X
distribution
operations,
provided that
such operations
do not involve
the use of: (i)
more than two
thousand (2,000)
square feet of
floor area for
storage of wares
to be sold at
wholesale or to
be distributed,
or (ii) any
vehicle rated at
22
Historic KempsmIe Master Plan
D RAFr
December 14, 200:)
79
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
Use
more than one and
one-half (1 1/2)
tons, or (iii) a
total of more
than five (5)
delivery vehicles
B-1
B-2
B-4
B-4C
B-4K
B-3
B-3A
B-1A
(a1) Outdoor cafes and outdoor plazas in the B-3A Pembroke
Central Business Core District.
(a1)Outdoor co.feG and outdoor plo.zo.G in the B 31\ rembro](c
Centro.l BuGineGG Core DiGtrict .
(a)
Notwithstanding
any
contrary
provision
this
of
ordinance, outdoor cafes within the B-3A Pembroke
Central Business Core District shall not occupy
more
than
thousand
feet of
(1,000)
square
one
(b)
area outside of an enclosed building.
contrary
provision
this
Notwithstanding
subsection,
of
any
outdoor
within
the
B-3A
plazas
Pembroke Central Business Core District shall be
(1 )
subject to the following criteria:
at
Historic Kempsville Master Plan
Outdoor
should
the
plazas
be
located
entrance
major
buildings
other
and
to
appropriate
provide
safe,
areas
to
attractive and accessible public urban open
spaces
for those who live,
work and visit
the
The
size
configuration
and
of
area.
23
D RAFr
December 14, 200:;
80
139
outdoor plazas and attendant amenities shall
140
be
reviewed
by
the
Planning
Director
to
141
ensure
conformance
with
these
and
other
142
related
objectives
as
set
forth
in
the
143
Comprehensive
Plan
and
pembroke
Central
144
Business District Master Plan; and
145
(2 )
The
architectural
design
shall
conform to
146
the
purpose
and
intent
of
the
Central
147
Business District Master Plan.
148
(a2) Outdoor cafes and outdoor plazas in the B-4K Historic
149
Kempsville Area Mixed Use District.
150
(a)
Notwithstanding
any
contrary
provision,
outdoor
151
cafes wi thin
the
B-4K Historic
Kempsville
Area
152
Mixed Use District shall not occupy more than one
153
thousand
(1,000)
square feet of area outside of
154
an enclosed building.
155
(b)
Notwithstanding
any
contrary
provision,
outdoor
156
plazas wi thin the B-4K Historic Kempsville Area
157
Mixed Use District shall be subject to the
following criteria:
( 1) Outdoor plazas should be located at the
158
159
160
entrance
to
major
buildings
and
other
161
appropriate
areas
to
provide
safe,
162
attractive and accessible public urban open
24
Historic Kempsville Master Plan
D RAFr
December 14, 2006
81
163
spaces
for those who live,
work and visit
164
the
area.
The
size
and
configuration
of
165
outdoor plazas and attendant amenities shall
166
be
reviewed
by
the
Planning
Director
to
167
ensure
conformance
with
these
and
other
168
related
objectives
as
set
forth
in
the
169
Comprehensive
Plan
and
the
Historic
170
Kempsville Area Master Plan; and
171
( 2 )
The
architectural
design
shall
conform to
172
the
purpose
and
intent
of
the
Historic
173
Kempsville Area Master Plan.
174
175
(b)
Accessory
uses
and
structures.
Uses
and
structures
176
which
are
customarily
accessory
and
clearly
incidental
and
177
subordinate to the principal uses and structures, including, but
178
not limited to:
179
(1 )
An
accessory
activity
operated
for
profit
in
a
180
residential dwelling unit where there is no change
181
in
the
outside
appearance
of
the
building
or
182
premises
or
any
visible
or
audible
evidence
183
detectable
from
outside
the
building
lot,
either
184
permanently
or
intermittently,
of
the
conduct
of
185
such
business
except
for
one
non-illuminated
186
identification sign not more than one square foot in
25
Historic Kempsville Master Plan
D RAFr
December 14, 2005
82
187
area mounted
flat against the
residence;
where no
188
traffic
is
generated,
including
traffic
by
189
commercial
delivery vehicles,
by
such
activity in
190
greater volumes than would normally be expected in
191
the neighborhood, and any need for parking generated
192
by
the
conduct
of
such
activity
is
met
off
the
193
street
and
other
than
in
a
required
front
yard;
194
where
the
activity
is
conducted
on
the
premises
195
which is the bona fide residence of the principal
196
practitioner,
and no person other than members of
197
the immediate family occupying such dwelling unit is
198
employed
in
the
activity;
where
such
activity is
199
conducted
only
in
the
principal
structure
on the
200
lot; where there are no sales to the general public
201
of products or merchandise from the home; and where
202
the activity is specifically designed or conducted
203
to
permit
no
more
than
one
patron,
customer,
or
204
pupil to be present on the premises at anyone time.
205
The
following
are
specifically
prohibited
as
206
accessory activities: Convalescent or nursing homes,
207
tourist homes,
massage or tattoo parlors,
radio or
208
television
repair
shops,
auto
repair
shops,
or
209
similar establishments.
26
Historic Kempsville Master Plan
D RAFT
December 14, 2005
83
210
(c)
Off-site
parking
facilities
shall
be
permitted
as
211
follows:
212
(1 )
B-3,
B-3A and B-4C Districts.
Off-site parking
213
facilities for any use within the B-3, B-3A or B-
214
4C
Districts,
shall be permitted on any zoning
215
lot,
provided all of the following requirements
216
are met:
( 1 )
structures
for
parking
facili ties
217
shall conform to the regulations of the district
218
in which located; (2) off-site parking facilities
219
shall
be
located
within
one
thousand,
five
220
hundred
(1,500)
feet
from
the
use
they
are
221
intended to serve, but in no case shall any such
222
facility
be
located
opposite
Virginia
Beach
223
Boulevard
and
Independence
Boulevard
unless
224
grade-separated
pedestrian
access
is
provided;
225
( 3 )
off-site
parking
structures
serving
uses
226
within the B-3A District shall not be separated
227
by
Independence
Boulevard;
and
( 4 )
a
written
228
agreement assuring continued availability of the
229
number
of
spaces
indicated
shall
be
drawn
and
230
executed, and a certified copy of such agreement
231
shall be recorded with the clerk of the court.
232
Such
agreement
shall
stipulate
that,
if
such
233
space
is
not maintained or
space acceptable to
27
Historic Kempsville Master Plan
D RAFI'
December 14, 2005
84
234
the
planning
director
substituted,
the
use
or
235
such portion of the use as is deficient in number
236
of
parking
spaces
shall
be
discontinued.
The
237
agreement shall be subject to the approval of the
238
city attorney.
239
( 2 )
B-4K District.
Off-site parking facilities for
240
any use within the B-4K District may be permitted
241
on any zoning lot within the district,
provided
242
all of the
following requirements
are met:
( 1 )
243
structures
for parking
facilities
shall
conform
244
to
the
regulations
of
the
district
in
which
245
located;
(2) off-site parking facilities shall be
246
located within one thousand, five hundred (1,500)
247
feet from the use they are intended to serve, but
248
in no case
shall
any
such
facility be
located
249
opposite Kempsville Road, Princess Anne Road, or
250
South
Witchduck
Road
unless
grade-separated
251
pedestrian access is provided: and (3) a written
252
agreement assuring continued availability of the
253
number
of
spaces
indicated
shall
be
drawn
and
254
executed, and a certified copy of such agreement
255
shall be recorded with the clerk of the court.
256
Such
agreement
shall
stipulate
that,
if
such
257
space
is not maintained or space acceptable to
28
Historic Kempsville Master Plan
D RAFr
December 14, 2005
85
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
the planning director substituted, the use or
such portion of the use as is deficient in number
of parking spaces shall be discontinued. The
agreement shall be subject to the approval of the
city attorney.
COMMENT
The amendments set forth the use regulations applicable in the B-4K Historic Kempsville
Area Mixed Use District and make technical amendments to the fonnat of a portion of the section.
Sec. 902. Dimensional requirements.
. . . .
(b)
The following chart lists the requirements within the
B-3A pembroke Central Business Core District, ttftd B-4C Central
Business Mixed Use District,
and B-4K Historic Kempsville Area
Mixed
District
minimum
width,
and
yard
lot
for
Use
area,
spacing for all uses and structures:
TABLE INSET:
( 1 )
Minimum lot area in square
feet:
Minimum lot width in feet:*
Minimum setback from a street in
feet
Maximum setback from a street in
feet. There shall be no maximum
setback from a street for
structures where the total floor
area consists of residential
use.
B-3A B-4C B-4K
10,000 10,000 10,000
100 100 100
0 0 10
10 10 20
(2 )
( 3 )
( 4 )
29
Historic Kempsville Maste.. Plan
D RAFr
December 14, 200:;
86
279
280
281
282
283
284
285
286
287
288
289
290
(5) Minimum side yard setback in 0 0 0
feet, unless otherwise
identified herein or a greater
setback is required by section
903
( 6) Minimum rear yard setback in 0 0 0
feet, unless a greater setback
is required by section 903
(7) Maximum density per acre of N/A 36 18
multifamily dwellings in the B-
4C District. Density shall be
determined based on the area of
the entire zoning lot, even if
such lot is partially occupied
by other principal uses or
conditional uses. For every
10,000 square feet of commercial
space in a given development
project, an additional dwelling
unit per acre beyond that
allowed by the maximum density
may be built.
(8) Maximum density of hotels and N/A 80 N/A
motels
*Where applicable, newly created corner lots must also adhere to
section
4.4(c)
of
the
Subdivision
Ordinance,
requiring
additional lot width on certain ewfief corner lots.
Except
otherwise
provided
herein,
setbacks
affecting
as
only the first floor of multistory buildings may be increased by
no more than twenty (20) feet in order to allow the creation of
covered
within
the
B-3A.!...
aiTEi
passageways
B-4C
and
B-4K
Districts.
In addition,
building setbacks
adjacent to roadway
intersections may be increased to provide safe and reasonable
line-of-sight clearances.
(C)
The following chart lists the requirements within the
B-3 and B-4 Business Districts for minimum lot area, width, yard
30
Historic Kempsville Master Plan
D RAFr
December 14, 200:»
87
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
hotels and motels (lodging units):
spacing and maximum density for lodging uses and structure. For
TABLE INSET:
( 1) Minimum lot area in square feet:
(2) Minimum lot width in feet:*
(3) Minimum front yard setback in feet:
(4) Minimum side yard setback in feet:
( 5) Minimum side yard setback adjacent to a
street in feet:
(6 )
( 7 )
Minimum rear yard setback in feet:
Maximum density for lodging units per
acre:
For each dwelling unit contained in a
combination development, the number of
allowed lodging units shall be reduced by
two (2).
(8 )
B-3 B-4
43,560 20,000
100 100
35 35
20 20
10 35
20 20
N/A 80
section
the
Subdivision
*Where applicable, newly created corner lots must also adhere to
requiring
Ordinance,
4.4(c)
of
additional lot width on certain corner lots.
. . . .
(e)
The following chart lists the requirements wi thin the
B-4 Mixed Use District and B-4K Historic Kempsville Area Mixed
Use District for minimum lot area, width, yard spacing, maximum
For multiple-family dwellings:
lot coverage and maximum density for multiple-family dwellings.
B-4 B-4K
( 1) Minimum lot area in square feet: 40,000 40,000
(2) Minimum lot width in feet: 200 200
(3) Minimum front yard setback in feet:* 30 10
31
Historic Kempsville Master Plan
D RAF"r
Deœmberl4, 200:;
88
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
(4) Maximum front yard setback in feet:* 20
(5) Minimum side yard setback in feet: 8 0
(6) Minimum rear yard setback in feet: 10 0
(7) Maximum lot coverage by buildings and
parking, excluding recreational buildings 75 75
and surfaces in percent:
( 8) Maximum density in dwelling units per 36 18
acre:
*Where applicable, newly created corner lots must also adhere to
section
4.4(c)
of
the
Subdivision
Ordinance,
requiring
additional lot width on certain corner lots.
. . . .
COMMENT
The amendments establish dimensional requirements (setbacks, minimum lot size, etc.)
applicable in the B-4K Historic Kempsville Mixed Use District.
Sec. 903. Landscape screening and buffering regulations.
For the B-1 through B-4 Commercial Districts, the following
landscape screening and buffering regulations shall apply:
(a)
When
or
B-1A
Business
zoning
within
lot
B-1
a
a
District
adjoins
residential,
or
hotel
district
apartment
a
without
intervening
alley
street,
body
of
an
water
or
over
twenty-five
(25)
feet
in
width,
fifteen-foot
minimum yard
a
shall be required along all lot lines adjoining the residential,
apartment
hotel
I
district.
Category
landscape
screening
or
shall
be
required
within
the
yard
other
No
area.
uses
or
structures shall be permitted in such yards.
32
Historic Kempsville Master Plan
D RAFT
December 14, 2005
89
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
(b)
When a zoning lot within the B-2, B-3, B-3A, B-4L er
B-4C
B-4K
District
adjoins
residential
or
apartment
or
a
district without an intervening street, alley or body of water
over twenty-five (25) feet in width, a fifteen-foot minimum yard
shall be required along all lot lines adjoining the residential
or apartment district. Category IV landscape screening shall be
required within the yard area. No other uses or structures shall
be permitted in such yards.
(c)
When a zoning lot within the B-2, B-3, B-3A, B-4, er
B-4C or B-4K District adjoins an 0-1 Office District without an
intervening street, alley or body of water over twenty-five (25)
feet in width, a ten-foot minimum yard shall be required along
all
lot
lines
adjoining
district.
Category
I
office
the
landscape screening shall be required within the yard area. No
other uses or structures shall be permitted in such yards.
COMMENT
The amendments establish landscape screening and buffering requirements applicable in
the B-4K Historic Kempsville Mixed Use District .
Sec. 904. Height regulations.
. . . .
(b)
Where a zoning lot within the B-2 Community Business
District,
B-3A pembroke Central
B-3 Central Business District,
Business Core District, B-4 Mixed Use DistrictL er B-4C Central
Business Mixed Use
District or B-4K Historic
Kempsville Area
33
Historic Kempsville Master Plan
D RAFr
Decemberl4,200ð
90
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
Mixed Use District adjoins the side or rear yard of a zoning lot
in a residential or apartment district without an intervening
street or alley over twenty-five (25) feet in width or a body of
water
fifty
the
in
(50)
feet
width,
following
maximum
over
height regulations shall apply on that portion of the commercial
zoning
within
lot
hundred
(100)
the
adjoining
feet
of
one
residential or apartment district. In cases where more than one
(1) of the following apply, the most restrictive shall apply.
( 1 )
adjacent
to
When
residential
district,
the
maximum
height shall be thirty-five (35) feet.
(2 )
When adjacent to A-12 or A-18 Apartment Districts, the
maximum height shall be thirty-five (35) feet.
( 3 )
When adjacent to A-24 Apartment District, the maximum
height shall be forty-five (45) feet.
( 4 )
When adjacent to A-36 Apartment District, the maximum
height shall be one hundred twenty (120) feet.
. . . .
(d)
specified
in
items
Except
(a),(b)
and
(c)
as
hereinabove, there shall be no maximum height regulations in the
B-2,
and B-4 Districts.
B-3
wi thin the B-3A pembroke Central
Business
District,
the minimum building height
Core
shall be
thirty-five (35)
feet and the maximum building height shall be
four hundred (400) feet. In the B-4C Central Business Mixed Use
District, minimum building height shall be thirty-five (35) feet
34
Historic KempsYill.e Master Plan
D RAFr
December 14, 2005
91
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
and the maximum building height shall be two hundred (200) feet.
In the B-4K Historic Kempsville Area Mixed Use District,
the
minimum building height shall be twenty-five (25)
feet and the
maximum building height shall be fifty (50) feet.
. . . .
COMMENT
The amendments establish height regulations for buildings and structures in the B-4K
Historic Kempsville Mixed Use District.
Sec. 905. Sign regulations.
. . . .
(f)
Within
Historic
Kempsville
Area Mixed Use
the
B-4K
District, signs shall be permitted as follows:
( 1)
each
of
frontage
an
foot
For
occupancy
establishment shall have no more than sixty one-
hundredths ( .60) square feet of sign area. No
single establishment shall have more than four
(4) signs, nor more than two (2) signs per
building
individual
sign
shall
facade,
and
no
exceed sixty (60) square feet in surface area.
Any establishment having less than forty (40)
feet of occupancy frontage may have one (1) sign
not exceeding twenty-four
square feet.
No
( 24)
such sign shall be allowed above the second story
of any building.
35
Historic Kempsville Master Plan
D RAFr
December 14, 2005
92
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
( 2 )
( 3 )
( 4 )
Major
A
sign
to
upper-floor
identifying
the
entrance
residential
dwelling
units
shall
be
permitted;
provided,
that
no
such sign shall exceed eight
( 8 )
feet of
surface
area,
and that the
square
number of signs shall be limited to one (1) sign
at street level at each principal entrance.
Commercial buildings shall have no more than two
( 2)
building
and no
sign
identification
signs,
shall have a surface area exceeding one hundred
fifty (150) square feet. Such signs shall be
mounted on or above the third story of the
building,
but
above
the
roofline
of
such
not
buildinq,
and
only
sign
per
building
( 1 )
one
facade shall be allowed.
Additionally,
two ( 2 )
building
identification
signs,
not
exceeding
twenty (20) square feet each, shall be allowed at
street level if the building has a street level
entrance.
Tenant
Sign
For
Option.
each
foot
of
building
footage,
major
have
tenant
a
may
a
maximum of one and two-tenths
(1.2)
square feet
of
sign
provided
that
pedestrian
scale
area,
features
amenities
and
such
outdoor
cafe
as
seating,
planters,
kiosk
areas,
fountains,
36
Historic Kempsville Master Plan
D RAFI'
December 14, 200:i
93
427
display windows or sculptures are provided on the
428
facade
or
adjacent
thereto.
No
major
tenant
429
shall have a total of more than four ( 4 )
signs,
430
nor more than two (2) signs per building facade.
431
( 5)
All freestanding signs shall be approved by the
432
City
Council,
as
consistent
with
the
general
433
purpose
and
intent
of
the
design
provisions
434
presented in the Historic Kempsville Area Master
435
Plan and any applicable design standards approved
436
by the City Council.
437
( 6 )
Signs on building awnings shall not be included
438
in
determining
the
number
of
building
signs
439
permitted,
or
in
determining
permissible
sign
440
area, if they meet the following criteria:
441
a.
Such signs are uniform in font, color, size
442
and style;
443
b.
Only the name of the establishment appears
444
on the awning;
445
c.
There is only one (1) sign per awning; and
446
d.
Such are no larger than two (2) square feet.
447
( 7)
Public or private parking structures and parking
448
garages
may
have
one
( 1)
sign
per
vehicle
449
entrance and two (2) additional signs. Such signs
450
shall have no more than seventy-five (75) square
37
Historic Kempsville Master Plan
D RAFT
December 14, 200:;
94
451
feet
of
surface
area
and
shall
identify
the
452
building on which they are located as a parking
453
structure or parking garage.
454
(8 )
As used in this section:
455
a.
"Occupancy
frontage"
means
the
exterior
456
length
of
that
portion
of
a
building
457
occupied
exclusively
by
a
single
458
establishment
having
at
least
one
( 1 )
459
exterior public access;
460
b.
"Building identification sign" means a sign
461
which displays only the name of the building
462
on which it is located;
463
c.
"Major tenant" means the space in a building
464
occupied by
a
single
establishment with
a
465
building wall height of at least thirty-five
466
(35)
feet
and
with
at
least
one
( 1 )
467
continuous wall containing
at
least eighty
468
(80) feet of building frontage; and
469
d.
"Building frontage" means the exterior
length of that portion of a building
occupied exclusively by a single
470
471
472
establishment.
473
( 9)
For all other uses and structures, the following
474
sign regulations shall apply:
38
Historic Kempsville Master Plan
D~
December 14, 200:)
95
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
Historic Kempsville Master Plan
a.
b.
c.
No
sign
or
in
window
located
on
or
any
located behind any window in such a manner
as
to
the
attention
persons
of
attract
outside
establishment,
the
shall
have
a
surface
than
twenty
(20)
greater
area
percent of the surface area of such window,
not to exceed sixteen (16) square feet.
Signs containing or consisting of graphic or
pictorial representations shall be
permitted; provided, however, that the
combined surface area occupied by such
graphic
or
pictorial
shall
not be more than twenty (20) percent of the
representations
total sign allotment of an establishment or
four (4) square feet, whichever is less.
For each forty (40) feet of frontage and for
each eighty (80) feet of lot line adjoining
a street, but not constituting frontage, not
more than one (1) sign and not more than a
area
total of sixteen (16) square feet of surface
permitted;
of
signage
shall
be
provided,
however,
that
no
establishment
shall have more than two (2) signs of which
( 1 )
be
freestanding
sign;
and
one
may
a
39
D RAFT
December 14, 2005
96
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
provided
further
that
no
establishment
having a frontage of less than one hundred
(100)
feet shall have a freestanding sign.
No
freestanding
two
( 2 )
sign
shall
exceed
faces, neither of which shall exceed thirty-
two (32) square feet of surface area, and no
sign of any other type shall exceed seventy-
five
(75)
square feet of surface area. Any
establishment
having
less
frontage
or
lot
line
adjoining
than
is
required
a
street
hereinabove
have
sign
( 1 )
not
may
one
exceeding
sixteen
( 16)
feet
of
square
surface area.
d.
Sign
regulations
pertaining
to
multiple-family
dwellings shall be the same as those applying in the Apartment
Districts.
e.
Where there is an established neighborhood commercial
center containing at least five (5) establishments and at least
forty thousand (40,000) square feet of land area, there shall be
not
than
each
( 1 )
identification
more
center
sign
one
for
principal entrance. No such sign shall have more than two (2)
faces, neither of which shall exceed thirty-two (32) square feet
of surface area. Such identification sign shall contain only the
name of the center. Alternatively,
such signs may display the
40
Historic Kempsville Master Plan
D RAFT
December 14, 200ð
97
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
names of tenants as well as the name of the center if (i) the
portion of a sign on which tenant names are displayed does not
exceed
sixty
of
the
total
sign
(ii)
the
( 60)
percent
area;
portion of a sign on which tenant names are displayed is of a
uniform color;
(iii) the top of the face of such sign does not
exceed eight ( 8 )
feet in height and the top of any decorative
cap on such sign does not exceed ten (10) feet in height;
(iv)
such sign does not exceed twelve (12) feet in width; and (v) the
face of such sign is surrounded by a minimum of six (6) inches
of
framework constructed of a material matching in color and
texture the primary exterior building material of the principal
structure in the center.
f.
Signs
advertising
for
sale,
lease
rent
property
or
shall be permitted; provided, however, that no such sign shall
exceed sixteen (16) square feet in surface area. Not more than
two (2)
such signs shall be permitted for any property having
more than one hundred
feet of
line
at
the
street
lot
(100)
right-of-way,
and
having
than
hundred
less
one
any
property
(100) feet of such lot line shall have no more than one (1) sign
542
not exceeding sixteen (16) square feet of surface area.
543
Beacon lights or search lights may be permitted for
g.
544
purposes of advertisement of special events for a period not in
545
excess of forty-eight (48) hours.
41
Historic KempsYille Master Plan
D RAFT
December 14, 2005
98
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
h.
facilitate
neighborhood
in
To
a
new
occupancy
commercial center containing at least
(40,000)
forty thousand
square feet of land area, there shall be not more than one (1)
temporary sign,
which shall not exceed thirty-two
square
(32)
feet of surface area.
Such sign shall be removed when seventy
(70) percent of the property is occupied or leased, or after a
period of twenty-four (24) months, whichever event first occurs.
COMMENT
The amendments establish sign regulations for uses within the B-4K Historic Kempsville
Mixed Use District.
Sec. 906. Off-street parking regulations.
Parking
shall
be
required
all
and
for
structures
uses
permitted in the B-1 through B-4€ Central BaoincoG l1iJrcà Doe B-
4K Historic Kempsville Area Districts in accordance with section
203.
single-family
no
attached
(townhouse)
developments,
For
parking area on any lot shall exceed farther than twenty (20)
feet from the right-of-way line and no area within a garage, or
an enclosed or covered space
be counted toward meeting
shall
off-street parking requirements.
COMMENT
The amendments establish off-street parking regulations for uses within the B-4K Historic
Kempsville Mixed Use District.
Adopted by the City Council of the City of Virginia Beach
on the --- day of
, 2005.
42
Historic Kempsville Master Plan
D RAFr
December 14, 2005
99
574
575
576
577
578
579
580
581
582
583
584
585
CA-9839
OID\ordres\B-4Kordin.doc
R-l
December 2, 2005
APPROVED AS TO CONTENT:
Planning Department
Historic Kempsville Master Plan
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
43
D RAFT
December 14, 2005
100
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO ESTABLISH THE
HISTORIC KEMPSVILLE AREA OVERLAY
DISTRICT, DISTRICT BOUNDARIES, USE
REGULATIONS AND DIMENSIONAL,
DENSITY, AND LANDSCAPING
REQUIREMENTS
Sections Added: City Zoning Ordinance
Sections 2000, 2001, 2002, 2003 and 2004
WHEREAS, the public necessity, convenience, general welfare
12
and good zoning practice so require;
13
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14
BEACH, VIRGINIA:
15
That the City Zoning Ordinance
is hereby amended by the
16
addition of a new Article 20, consisting of Sections 2000, 2001,
17
2002, 2003 and 2004, pertaining to the Historic Kempsville Area
18
Overlay District, to read as follows:
19
20
21
22
20.
ARTICLE
THE HISTORIC
DISTRICT
KEMPSVILLE
AREA
OVERLAY
23
Sec. 2000. Findings; intent.
24
The City Council hereby finds that the Historic Kempsville
25
Area is not only one of the primary crossroads within the City,
26
but is also the location of the third courthouse in Princess
27
Anne County, the site of a Revolutionary War skirmish, an early
28
cultural and economic hub within the City, and is surrounded by
29
many stable and attractive residential communities. As such, its
30
appearance and revitalization is important to the physical and
Historic Kemps'rille Master Plan
D RA.F'T
December 14, 2005
101
31
economic
vitali ty
of
the
Historic
City.
The
of
the
purpose
32
Kempsville Area Overlay District is to enhance the appearance of
33
the area encompassed by the District and to help restore its
34
vitality as an important and historic location within the City.
35
COMMENT
36
37
38
The section states the findings and intent underlying the creation of the Historic
Kempsville Area Overlay District.
39
Sec. 2001. District boundaries.
40
Historic
Kempsville Area Overlay District
boundaries
The
41
shall be as designated on the official zoning map of the city.
42
COMMENT
43
44
45
The section designates the boundaries of the District by reference to the official
zoning map.
46
Sec. 2002. Application of regulations.
47
lying
within
the
designation
The
of
property
as
any
48
Historic Kempsville Area Overlay District shall be in addition
49
district
underlying
zoning
in
lieu
and
of,
the
to,
not
50
classification of such property, such that any property situated
51
in the Historic Kempsville Area Overlay District shall also lie
52
within one or more of the zoning districts enumerated in Section
53
102 (a) of this ordinance. All such property shall be subject to
54
the
requirements
this
article
of
well
all
other
as
to
as
55
regulations
applicable
it,
and
the
that
to
extent
to
any
2
Historic Kempsville Master Plan
D RAFr
December 14, 200:)
102
56
provision of this article conflicts with any other ordinance or
57
regulation, the more restrictive provision shall control.
COMMENT
58
59
60
61
62
The section sets forth general rules regarding the application of the regulations
pertaining to the Overlay District. The rules are similar to those used in other Overlay
Districts within the City (e.g., Shore Drive Corridor, Laskin Road Gateway).
63
Sec. 2003. Use regulations.
(a)
Principal uses. Subject to general requirements and to
64
65
the regulations of the underlying zoning district, all uses and
66
67
district
structures permitted as principal uses in the underlying zoning
located
68
principal
District, except as set forth in Section 901 of this Ordinance.
(b)
Accessory uses. Subject to general requirements and to
69
70
71
in
which
they
shall
permitted
be
are
as
uses
within
Area
Overlay
the
Historic
Kempsville
the regulations of the underlying zoning district, all uses and
72
73
district
structures permitted as accessory uses in the underlying zoning
located
74
accessory
in
which
they
shall
be
permitted
are
as
75
District.
uses
within
Area
Overlay
76
(c)
the
Historic
Kempsville
77
to the regulations of the underlying zoning district, all uses
Conditional uses. Subject to general requirements and
78
and structures permitted as conditional uses in the underlying
79
zoning district in which they are located shall be permitted as
3
Historic Kempsville Master Plan
D RAFr
December 14, 200:»
103
99
100
101
102
103
104
105
106
80
conditional
within
Historic
Kempsville
Overlay
uses
the
Area
81
District, as well as the following uses and structures:
82
( 1 )
Multiple-family dwellings in the B-4K (HK) Mixed
83
Use District;
84
( 2 )
Attached
dwellings
in
(HK)
Mixed
Use
the
B-4K
85
District;
86
( 3)
Corrunercial
parking
parking
and
lots,
garages
87
storage garages located in the B-2 (HK) Corrununi ty
88
Business or B-4K (HK) Mixed Use Districts.
89
( d)
Additions
single-family
dwellings,
duplexes,
to
90
attached dwellings and multiple-family dwellings not increasing
91
the number of dwelling units in any such use shall be permitted
92
by right, provided that all other requirements of this ordinance
93
setbacks
other
dimensional
requirements
Where
met.
or
are
94
pertaining
specified
the
in
additions
such
are
not
to
95
regulations of the underlying zoning district, such requirements
96
Mixed
Business
shall
specified
in
the
be
B-4K
(HK)
Use
as
97
District.
98
COMMENT
The section sets forth use regulations (principal, accessory and conditional uses)
applicable in the Overlay District. Except as specifically provided, the permitted uses are
the same as those in the underlying zoning district.
4
Historic Kempsville Master Plan
D RAFT
December 14, 2005
104
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
Sec. 2004.
ordinance,
Subject
Dimensional and other requirements;
landscape screening and buffering.
to
the
of
density;
this
and
District
structures located within the Historic Kempsville Area Overlay
zoning
provisions
Section
of
2003
dimensional
and
requirements
other
for
uses
(c)
( a)
(b)
shall
be
specified
in
the
underlying
not
permitted by the regulations of the underlying zoning district,
density
as
district; provided, however, that:
exceed
The
density
multiple-family
of
dwellings
shall
eighteen
( 18)
units
the
maximum
duplexes,
district adjoins any district in which single-family dwellings,
B-4(HK)
permitted
per
acre
or
are
an
feet
intervening street, alley or body of water over twenty-five (25)
whichever is the lesser, on a zoning lot.
along
landscape
Where
zoning
lot
within
the
B-2(HK)
a
or
attached
dwellings
or multiple-family
dwellings
as
conditional
use,
without
all
Category
fifteen-foot minimum yard shall be required
IV
uses
or
principal
a
or
in width,
a
lot
lines
adjoining
such
district.
screening
shall
be
required,
and no
other
structures shall be permitted, within the yard.
(HK)
Mixed
Use
Business District for minimum lot area, width, yard spacing and
The
requirements
within
the
B-4K
maximum lot coverage
for residential dwellings
and commercial
structures are set forth in Article 9 of this ordinance.
5
Historic Kempsville Master Plan
D RAFr
December 14, 200ð
105
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
COMMENT
The section sets forth dimensional requirements, density restrictions and
landscaping requirements in the Overlay District. It also provides that the dimensional
requirements for property within the Overlay District that is zoned B-4K (HK) Mixed Use
District are set forth in Article 9 (Business Districts) of the City Zoning Ordinance.
CA-9838
OID\ordres\Kempsville Overlay Ordinance. doc
R-l
December 2, 2005
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Planning Department
City Attorney's Office
6
Historic Kempsville Master Plan
D RAFr
December 14, 2005
106
1
2
3
4
5
AN ORDINANCE TO AMEND THE OFFICIAL
ZONING MAP BY THE DESIGATION AND
INCORPORATION OF THE HISTORIC
KEMPSVILLE AREA OVERLAY DISTRICT
6
WHEREAS, the public necessity, convenience, general welfare
7
and good zoning practice so require;
8
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
9
OF VIRGINIA BEACH, VIRGINIA:
10
That the official zoning map of the City of Virginia Beach be,
11
and hereby is, amended to designate and incorporate the Historic
12
Kempsville Area Overlay District, as shown on a series of sheets
13
marked and identified as such, and which have been displayed before
14
the City Council this date and are on file in the Department of
15
Planning.
16
COMMENT
17
18
19
The ordinance amends the zoning map to incorporate and designate the Historic KempsviUe
Area Overlay District.
20
Adopted by the Council of the City of Virginia Beach on this
21
day of
, 2005.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
CA-9840
OID\ordres\HKA Map ordin.doc
R-l
December 2, 2005
Approved as to Content:
Approved as to Legal Sufficiency:
Planning Department
City Attorney's Office
Historic KempsYille Master Plan
D RAFr
December 14, 200ð
107
1
2
3
4
5
AN ORDINANCE TO AMEND THE
COMPREHENSIVE PLAN BY THE
INCORPORATION OF THE HISTORIC
KEMPSVILLE AREA MASTER PLAN
6
WHEREAS, on December 14, 2005, the Planning Commission held
7
a public hearing concerning the amendment of the Comprehensive
8
"Plan")
incorporation
Historic
of
the
by
the
Plan
(the
9
Kempsville
Plan,
the
conclusion
of
such
and
at
Area
Master
10
public
recommended that
the Plan be
amended by the
hearing,
11
incorporation of the said Historic Kempsville Area Master Plan
12
as an appendix to the Plan;
13
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
14
CITY OF VIRGINIA BEACH, VIRGINIA:
15
That the Comprehensive Plan be, and hereby is, amended and
16
reordained by the incorporation of the Historic Kempsville Area
17
appendix
to
the
Master Plan, dated
as
an
18
Comprehensive Plan.
A true copy of the said Historic Kempsville
19
Area Master Plan was exhibited to the Planning Commission on
20
December 14, 2005, and on this day to the City Council.
21
22
City
Virginia
Beach,
Council
the
of
of
Adopted
by
the
23
Virginia, on the
, 2005.
day of
CA-9814
OID\ordres\HKA Master Plan ordin.doc
R-l
December 2, 2005
Historic Kempsville Master Plan
D RAFr
Deœmber 14, 2005
108
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Planning Department
City Attorney's Office
2
Historic Kempsville Master Plan
D RAFr
December 14, 200ð
109
Historic Kempsville Master Plan
D RAFT
December 14, 2005
110
APPENDIX 4
MAPS
1 Aerial Photo
2 Overlay District Boundary
3 Natural Features
4 Northeast Quadrant Natural Features
5 Southeast Quadrant Natural Features
6 Southwest Quadrant Natural Features
7 Northwest Quadrant Natural Features
8 Gateways
9 Historic Structures and Sites
10 Planning Quadrants
11 Existing Utilities
12 Current Zoning
13 Northeast Quadrant Current Zoning
14 Southeast Quadrant Current Zoning
15 Southwest Quadrant Current Zoning
16 Northwest Quadrant Current Zoning
17 Current Land Use
Historic Kempsville Master Plan
D RAFr
December 14, 200:»
111
18
19
20
21
22
23
24
25
26
27
Northeast Quadrant Current Land Use
Southeast Quadrant Current Land Use
Southwest Quadrant Current Land Use
Northwest Quadrant Current Land Use
Land Use Concept
Village Form
Conceptual Village Plan
Northeast Quadrant Conceptual Village Plan
Southeast Quadrant Conceptual Village Plan
Southwest Quadrant Conceptual Village Plan
28
Northwest Quadrant Conceptual Village Plan
29
Pedestrian Circulation
30
Architectural Fabric
31
Property Acquisitions
Historic Kempsville Master Plan
D RAFT
December 14, 2005
112
Historic Kempsville Master Plan
D RAFr
December 14, 2005
113
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Historic Kempsville Master Plan
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114
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Historic KempSYille Master Plan
D RAFT
December 14, 2005
115
~
Kemps Landing Area Plan
Northeast Quadrant-
Natural Features
0
~eet
Kemp Landing Overlay District Boundary
--.-.. Tree Stands
[-.:=J Resource Protection Area
[3 1 DO-year floodplain
Œ'--',r~j Wetland
.+.
Produced by the city of Virginia Beach
Department of Planning
August 5, 2003
Historic Kempsville Master Plan
D RAFr
December 14, 200ð
116
Kemps Landing Area Plan
Southeast Quadrant-
Natural Resources
0
~eet
¿:>
r Kemp Landing Overlay District Boundary
-.-.-" Tree Stands
[=:=J Resource Protection Area
[:=.:J 1 DO-year floodplain
r~~~j Wetland
.+.
.
Produced by the City of Virginia Beach
Department of Planning
August21,2O03
Historic Kempsville Master Plan
D RAFT
December 14, 200ð
117
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Historic Kempsville Master Plan
D RAYr
December 14, 200ð
118
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APPENDIX 5
ACKNOWLEDGMENTS AND REFERENCES
Acknowledgments
The following individuals served as participants in the Kempsville Center Strategy Group from the
fall of 2002 through the fall of 2005. Their input and advice were central to the development of the
recommendations set forth in the Historic Kempsville Area Master Plan. Individuals indicated with
a" * " served as the most regular attending members of the group.
Peter Abraham
Alma Anderson
John Baldwin *
Lorrie Bonney *
Wanda Brooks
Danny Bryant *
Marion Buddo
Hunter Clarke *
Daniel Davis
Frank Demasi
Beth Drylie
Rex Fitch
Charles Fletcher
Rick Gregor
David Grochmal
Brooks Harris
Pamela Ibanez *
Allen Loree
Tony Lowery
Stephen Mannix *
Steve Mansfield
Richard Matthews
Matt Maxwell
Glenn McClanan *
Louis McKinney *
Doug McLiverty *
Ken Miller
Charles Parks
Ellen Powell
Historic Kempsville Master Plan
D RAFT
December 14, 200ð
145
Elizabeth Predmore
Todd Ratliff
Jim Rose *
Charlie Schindler *
Catherine Schwartz
Sarah Singer
Earl Stanton *
Jimmy Stocks *
Kristy Svedburg
Joan Upton
Jim Werbiskis *
Catherine Wilson *
Marti Womble *
The following individuals from City agencies, State agencies, City elected officials, City appointed
officials, and Private Consultants are acknowledged as having provided invaluable assistance in the
preparation of this Plan. Without their particular assistance and ongoing participation, completion
and subsequent adoption of the Historic Kempsville Area Master Plan would not have been possible.
R. B. Alley
Tony Arnold
Irv Beard and Other Kempsville Elementary School Staff
Clay Bernick
Dean Block
Bob Boyette
Travis Campbell
Dale Castellow
Faith Christie
Tim Cole
Anne Companion
Bill Davenport
Robert Davis
Jim DeBellis
Ken Dierks
Harry Diezel
Will Dinn
Barbara Duke
Chuck Eastman
Dan Edwards
Margaret Eure
Historic Kempsville Master Plan
D RAFr
December 14, 2005
146
Frank Fentress
John Fowler
Barry Frankenfield
Bob Gey
Louise Hayes
John Herzke
Frank Hickman
Mark Johnson
Theron Knouse
Jim Lawson
Ty Lee
Les Lilley
Bill Macali
Bill Mackey
Robert Mandigo
Betsy McBride
Reba McClanan
Bill Nash
John Neal
Larry Newcomb
Tom Pauls
Karen Prochilo
Mark Reed
Ron Ripley
Carol Rizzio
Chase Sargent
Bob Scott
Carolyn Smith
Jeannette Smith
Brian Solis
Jim Spore
Steve Thompson
Keith Thornton
Tony Tolentino
Mike Wade
Horace Welsh
Bobby Wheeler
Stephen White
Jack Whitney
Perry Williams and Other Woodstock Elementary School Staff
Historic Kempsville Master Plan
D RAFr
December 14, 200ð
147
Peter Williams
References
The following documents and websites were utilized in the preparation of this plan:
The American Vignola: A Guide to the Making of Classical Architecture
with introductory notes by John Barrington Bayley and Henry Hope Reed and a new foreword by
Arthur Ross.
Author: Ware, William R. (William Robert), 1832-1915.
Published: New York: Dover Publications, 1994.
The Virginia Beach Comprehensive Plan
The Virginia Beach Outdoors Plan
The Virginia Beach Bikeways and Trails Plan
Martin Senour "Williamsburg" Exterior Paint Colors
http://www.martinsenour.com!color_collections/williamsburg.asp
Sherwin Williams "Preservation Palette" Exterior Paint Colors
http://www.sherwin-williams.com/do- itJourself/paint- colors/paint_color ""palette/
color - themes/c1assic/pdfs/Classic - ext.pdf
TAMKO Heritage Premium Fiberglass Shingle Color Series
http://www.tamko.com/OurKeyBrandsIHERIT AGELandingPage/tabid/l 08/ControIType/
category Display /itemid/22/Defaultaspx
Historic Kempsville Master Plan
D RAFT
December 14, 200:;
148
L.
APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M.
UNFINISHED BUSINESS
N.
NEW BUSINESS
o.
ADJOURNMENT
GTY OF VIRGINIA BEAm
SUMMARY OF COUNCIL ACI10NS
V
0 I
M B L
DATE: January 10, 2006 C E S L
D C M R C A W
PAGE: 1 I J L A N R H N I
E D 0 A D D E M U L W
AGENDA Z Y N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0
L R S N X F E T A N D
I CITI' COUNCIL BRIEFINGS:
A. COMMUNITY COLOR PROJECT Tom Ward,
Chairman,
Virginia Beach
Beautification
Commission
B. HUMAN RIGHTS COMMISSION Dr. William
Youth Community Outreach Dyson, Chairman,
Subcommittee Human Rights
Commission
DIID/
IVI
VI
VI-E CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y Y Y A Y Y A Y Y Y Y
F-l MINUfES - December 20, 2005 APPROVED 9-0 Y Y Y A Y Y A Y Y Y Y
GIH/ Resolution Ie Revenue Sharing Policy between ADOP1ED, BY 9-0 Y Y Y A Y Y A Y Y Y Y
1-1 the City and the School Board CONSENT
2 Ordinance to APPROPRIATE S233,444 fim¡ ADOPTED, BY 9-0 Y Y Y A Y Y A Y Y Y Y
the General Fund 10 Convention and VISitors CONSENT
Bureau Ie special events in the Resort Area
3 Ordinance to APPROPRIATE 540,000 ADOPTED, BY 9-0 Y Y Y A Y Y A Y Y Y Y
estimated revenue from vehicle transactions to CONSENT
the Commissioner of Revenue Ie the DMV
Select Program
4 Ordinance to ACCEPT/APPROPRIA TE ADOPTED, BY 9-0 Y Y Y A Y Y A Y Y Y Y
S23,971 V1I'gÍnia State Library to Clerk of Circuit CONSENT
Court Ie a Security Camera System in public
areas
J APPOINTMENTS
BEACHES and WATERWAYS COMMISSION RESCHEDULED B Y C 0 N S E N S U S
COMMUNITY MEDICAL ADVISORY REAPPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y
COMMISSION
Tenn: 5 years 9/1105-8131/10 Judith Allison
GTY OF VIRGINIA BEACH
SUMMARY OF COUNGL ACTIONS
V
0 I
M B L
DATE: January 10,2006 C E S L
D C M R C A W
PAGE: 2 I J L A N R H N I
E D 0 A D D E M U L W
AGENDA Z Y N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0
L R S N X F E T A N D
lDSTORICAL REVIEW BOARD APPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y
Tenn: Unexpired thru 10mlO7 plus Lynn Carwell
2 years 1lI1I07-10ßlIO9
INVESTMENT PARTNERSHIP ADVISORY RESCHEDULED B Y C 0 N S E N S U S
COMMITTEE - PPEA
OLD BEACH DESIGN REVIEW COMMITI'EE APPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y
No Tenn Property Owners
Barbara Yates
Ellis Hinnant-Will
Michael Yoder
R2sort Area
Advisory
Commission
(RAC)
William D.
Almond
Gerrie King West
ADD PERFORMING ARTS THEATRE ADVISORY APPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y
ON CO MMrITEE
No Tenn Nicholas J.
Ventura
PERSONNEL BOARD (Alternate) APPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y
Tenn: 3 years 3/1106-2/28/09 George N.
Tzavaras
RESORT AREA ADVISORY COMMISSION REAPPOINTED 9-0 Y Y Y A Y Y A Y Y Y Y
Tenn: 3 years 0/1I06-12ß1I08 Nelson J. Navam>
VIRGINIA BEACH COMMUNITY RESCHEDULED B Y C 0 N S E N S U S
DEVELOPMENT CORPORATION
KIU
M ADJOURNMENT 6:22 P.M.
PUBLIC COMMENTS 2 Speakers